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Professional Services Agreement with Infoquest Information Services, LTD. LLC DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 2G v a le- Contra(t no 22-015-02 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND INFOQUEST INFORMATION SERVICES, LTD. LLC FOR INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS COMPENSATION CLAIMS AND OTHER EMPLOYMENT MATTERS PURSUANT TO RFQ-2022-015-WG 8/26/2022 12:04 EDT This Professional Services Agreement ("Agreement") is entered into this ("Effective Date"), 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 (the "City"), and INFOQUEST INFORMATION SERVICES, LTD. LLC an Ohio Limited Liability Company whose address is 2000 Henderson Road, Suite 300, Columbus Ohio, 43220("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. City Manager's Designee: The City staff member who is designated by the City Manager to administer this Agreement on behalf of the City. The City Manager's designee shall be Marc Chevalier, Risk Manager, Human Resources Department 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 RFQ, No. 2022- 015-WG for INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS COMPENSATION CLAIMS AND OTHER EMPLOYMENT MATTERS, together with all amendments thereto, issued by the City in contemplation of this Agreement RFQ, and the Consultant's proposal in response thereto '"Proposal"). all of which are hereby incorporated and 1 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Contract no.22.0 t 5-02 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. 26724 and fax number(305) 673-7529 SECTION 2 SCOPE OF SERVICES 2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide the work aid 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 (the Effective Date set forth on p. 1 hereof), and shall have an initial term of three (3) years with two (2) additional one (1) 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 assigned by the Human Resources Departmen:, Consultant shalt be compensated in accordance with the hourly rates and flat fees (as applicable)established per service type attached here to as Exhibit'B." 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 limitation, 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 4.3 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 Worker's Compensation claims, unless otherwise advised, noon 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 a copy of the Assignment 2 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Contract ruJ.2.2-015-02 b) Cily's contract number, invoice number, and itemized service description c) Date(s)of the Task and/or Activity's performance, including a 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`'' 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 Ccnsultant 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 clamant. Only approved rates shall be invoiced to the City. 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 thirty (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 Attri Marc Chevalier, Risk Manager 1700 Convention Center Drive, 3`d Floor Miami Beach, FL. 33139 SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Consultant shall tail 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 is 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. 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 Notwithstand:ng the above, the Consultant shall not be relieved of liability to the City for damages s,istained by the City by any breach of the Agreement ay 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: rights and remedies against 3 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 ( . no. 22-0 i 5-02 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. ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN NOTIFICATION TO CONSULTANT. MAY IMMEDIATELY SUSPEND THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. 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. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement it 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, defend 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 Dr other wrongful conauct 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 Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in nu way limit the Consultant's responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. 4 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Contract no.22-015-02 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 6.3 The Consultant shall maintain the below required insurance in effect prior to awarding the agreement and for the duration of the agreement. The maintenance of proper insurance coverage s a material element of the agreement and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the Agreement. A. Workers' Compensation Insurance for all employees of the Consultant as required by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Should the Consultant be exempt from this Statute, the Consultant and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt consultant shall also submit (i)a written statement detailing the number of employees anc that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees dur ng the term of this contract or(ii)a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal &advertising injury with limits no less than $1,000,000.00 C. Automobile Liability for all owned, non-owned and hired vehicles, for bodily injury and property damage in an amo.rnt not less than $1,000,000.00 combined single limit. D. Professional Liability(Errors & Omissions) Insurance appropriate to the Consultant's profession, with limit no less than $1,000,000.00 6.4 Additional Insured — City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising ou" of work or operations performed on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the Consultant's insurance 6.5 Notice of Cancellation — Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach do EXIGIS Insurance Compliance Services. 6.6 Waiver of Subrogation — Consultant agrees to obtain any endorsement that may be necessary ::o affect the waiver of subrogation on the coverages required. However, this 5 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Contract no.22.0 t 5-02 provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. 6.7 Acceptability of Insurers— Insurance must be placed with insurers with a current A.M. Best rating of A:VI! or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. 6.8 Verification of Coverage—Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences, However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER ON ALL COI MUST READ: CITY OF MIAMI BEACH clo EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeachC?riskworks.com 6.9 Special Risks or Circumstances — The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation t,nder this section or under any other section of this agreement. SECTION 7 LITIGATION JURISDICTIONNENUE/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 6 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 contract no.22-015-02. of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Consultert hereby expresses its willinness 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 :he 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 CONFIDENTIAL FINDINGS 9.1 DUTY OF CARE With respect to the performance of the Services 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. 9.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the 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. CONFIDENTIAL FINDINGS 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 shad not otherwise be made public and/or disseminated by Consultant, without the prior written consent of the City Manager, 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 Manager 7 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Contract no.22-015-02 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 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 I�t,1PECTQR GENERAL AUDIT RIGHTS (A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. (B) The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Consultant, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. (C) Upon ten (10) days written notice to the Consultant, the Consultant shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications (bid/proposal) submittals, activities of the Consultant its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. 8 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 Contract no.22-01 S-02 (D) The Inspector General shall have the right to inspect and copy all documents and records in the Consultant's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subconsultants and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. (E) The Consultant shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: If this Agreement is completely or partially terminated, the Consultant shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Consultant shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation,or claims are finally resolved. (F) The provisions in this section shall apply to the Consultant, its officers, agents, employees, subconsultants and suppliers. The Consultant shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Consultant in connection with the performance of this Agreement. (G) Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Consultant or third parties. 10.3 ASSIGNMENT, TRANSFER QR SURCQNSULTING 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 corrmencement 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. 9 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Contract no.22-015-02 10.5 NO DISCRIMINATION In connection with the performance of the Services, the Consultant shalt not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. Additionally, Consultant shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. 10.6 CONFLICT OF INTEREST 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, as may be amended from time to time; and by the City of Miami Beach Charter and Code, as may be amended from time to time; both of which are incorporated by reference as if fully set forth herein. 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. Consultant further covenants that in the performance of this Agreement, Consultant shall not employ any person having any 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 therefrom. 10.7 CU,j4SULTANT'S C,tOMPLIANCE WiTH FLORIDA PUBLIC RECORDS LAW (A) Consultant shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. (B) The term 'public records" shall have the meaning set forth in Section 119.011(12), which means 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. (C) 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: (1) Keep and maintain public records required by the City to perform the service; (2) Upon request from the Cily's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspectec or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized 10 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 • C,'atrik: no.22-015-02 by law, for the duration of the contract term and following completion of the Agreement if the Consultant does not transfer the records to the City; (4, Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City. upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. (D) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Consultant of the request, and the Consultant must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Consultant's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or(3)avail itself of any available remedies at law or in equity. (3) A Consultant who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (E) CIVIL ACTION. (1) If a civil action is filed against a Consultant to compel production of public records relating to the City's contract for services, the court shall assess and award against the Consultant the reasonable costs of enforcement, including reasonable attorneys' fees, if: a. The court determines that the Consultant unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Consultant has not complied with the request, to the City and to the Consultant. (2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to the Consultant at the Consultant's address listed on its contract with the City or to the Consultant's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (3) A Consultant who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUI.3t..IC RECORDS DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Contract no.22-0 t 5-02 RELATING; TO THIS AGREEMENT, CONTACT THE CUSTODIAN! OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 17'00 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADOaMIAMIBEACHFL.GOV PHONE: 305-6673-7411 10.8 FORCE MAJEURE (A) A"Force Majeure" event is an event that(i) in fact causes a delay in the performance of the Consultant or the City's obligations under the Agreement, and (ii) is beyond the reasonable control of such party unable to perform the obligation, and (iii) is not due to an intentional act, error, omission, or negligence of such party, and (iv) could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event. Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God which prevent performance Force Majeure shall not include technological impossibility, inclement weather, or failure to secure any of the required permits pursuant to the Agreement. (B) If the City or Consultant's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately, upon learning of the occurrence of the event or of the commencement of any such delay, but in any case within fifteen (15) business days thereof, provide notice: (i) of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v) of what course of action such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section; however. receipt of such notice shall not consttute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. (C) No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is required. The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event, and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the direct result of the Force Majeure event with all reasonable dispatch. 2 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Contract no.2.2-015-02 (D) Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event, causing the suspension of performance, shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible. The obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. (E) No':withstanding any other provision to the contrary herein. in the evert of a Force Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend the City's payment obligations under the Agreement, and may take such action without regard to the notice requirements herein. Additionally, in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period greater than thirty (30) days, the City may, at the sole discretion of the City Manager, terminate the Agreement on a given date, by giving written notice to Consultant of such termination. If the Agreement is terminated pursuant to this section, 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. In no event will any condition of Force Majeure extend this Agreement beyond its stated term. 10.9 E-VERIFY (A) Car sultant shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to the E•Verify Statute, commencing on January 1, 2021, Consultant shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Consultant shall expressly require any subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subconsultant during the contract Term. If Consultant enters into a contract with an approved subcorsultant, the subconsultant must provide the Consultant with an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an unauthorized alien. Consultant shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. (B) TERMINATION RIGHTS. (1) If the City has a good faith belief that Consultant has knowingly volated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with Consultant for cause, and the City shall thereafter have or owe no further obligation or liability to Consultant. (2) If the City has a good faith belief that a subconsultant has knowingly violated the foregoing Subsection 10.9(A), but the Consultant otherwise complied with such subsection, the City will promptly notify the Consultant and order ;he Consultant to immediately terminate the Agreement with the subconsultant. Consultant's failure to terminate a subconsultant shall be an event of default under this Agreement, entitling City to terminate the Consultant's contract for cause. (3) A contract terminated under the foregoing Subsection (B)(1) or (B)(2) is riot in breach of contract and may not be considered as such. (4) The City or Consultant or a subconsultant may file an action with the Circuit or 13 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Contract no.22-015-02 County Court to challenge a termination under the foregoing Subsection (8)(1)or (B)(2) no later than 20 calendar days after the date on which the contract was terminated. (5) If the City terminates the Agreement with Consultant under the foregoing Subsection (B)(1), Consultant may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. (6) Consultant is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 10.9. SECTION 11 NOTICES Until changed by notice, in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: Infoouest Information Services, LTD. LLC Attn: Jim Anderson 2000 Henderson Road, Suite 300 Co,umbus, Ohio 43220 Ph. 614-761-3003 l 800-761-0592 Email:jandersonAinfoquestinv.com TO CITY: Human Resources Department Attn: Marc Chevalier 1700 Convention Center Drive Miami Beach, FL 33139 Ph: 305-673-7000 ext. 26724 Email: marcchevalier(a?miamibeachfl.gov WITH A COPY TO: City of Miami Beach City Manager's Office Attn: Aline T. Hudak, City Manager 1700 Convention center Drve, 4t t floor Miami Beach, FL 33139 Ph. 305-673-7000 ext. 26486 Email: alinahudak a(�miamibeachfi,gov All notices mailed electronically to either party shall be deemed to be sufficiently transmitted. 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 herewit i. 14 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 nc 22-01 S 02 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the ernainder of this Agreement shall not be affected, and every other term and provision of this Agreement shall be valid and 3e enforced to the fullest extent permitted by law. 12.3 WAIVER OF BR ACH A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such prev sion or modification of this Agreement. A party's waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement 12.4 JOINT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been a joint effort of the parties, the language has been agreed to by parties to express their mutual intent and the resulting cocument shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 12.5 ENTIRETY OF AGREEMENT The City end Consultant agree that this is the entire agreement between the parties. This Agreemeill 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 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 [BALANCE OF PAGE INTNETIONALI Y LEFT FLANK] 15 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Contract no.22-015-02 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 DoccuSigned by: By: artuAzao Fado City Clerk fP a T. Hudak, Cit Manager Date: 8/26/2022 I 2:04 EDT FOR CONSULTANT: INFOQUEST INFORMATION SERVICES, LTD. LLC ATTES7 c By: —= By. a` - — --- \jag 14/61/-6"5 jAi06c /44100-Cat1152rRAA- Print Name and Title Print Name and Title Date: ee/ZZ/lei Date. ag2/12_0_(ilot___ APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 061111“ )city Attorney '' Date 16 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 t 22-015-02 EXHIBIT A SCOPE OF SIEVICES AND DELIVERABLES The Consultant shall provide the following services related to the investigation, background, and surveillance of selected tort liability claims, workers' compensation claims, and other employment-related matters, but rot limited to: a) Surveillance/Investigation of C;aimants for Tort Liability and Workers' Compensation; Written Report along with surve!lance DVD/Photos; report may be sent electronically b) Ac.ivity Checks of Claimants for Tort Liability and Workers' Compensation; Written Report along with surveillance DVD/Photos, indicating activity performed; report may be sent electronically ej 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 3ackground 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 1. Deliverables/Reports: a) Consultant 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) Consultant 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 tec:nnology deemed acceptable by the City Consultant shall provide a hard copy with attachments, photos, recording o•video, if requested by the City. c) Consultant 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 consultants' report. d) Consultant snail summarize each investigation and give recommendations for further investigation, if any. Consultant shall not give an opinion regarding compensability. [BALANCE OF PAGE INTENTIONALLY LEFT BLANK] 17 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Contract no.22-015-02 EXHIBIT B CONSULTANT COMPENSATION RATES l r r met PROviDt v UOnn 1 Investigative Services Field Rate Hourly Rate $ 75.00 2 Ad ustin: Services Flat-Fee $ 85.00 3 Surveillance 3.1 Surveillance-All Day Hourly Rate (8 hrs) $ 600.00 3.2 Surveillance-Half Day Hourly Rate(4hrs) $ 300.00 3.3 Surveillance-Spot Check Hourly Rate (2hrs) $ 150.00 4 Intelli_en e 4.1 Geosocial Sweep Flat-Fee $ 187.50 4.2 Medical Sweep --`— Flat-Fee $ 175.00 4.3 Field Investigations j Hourly Rate $ 95.00 VALANCE OF PAGE INTENTIONALLY LEFT BLANK] 18 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 RESOLUTION NO. 2022-32028 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2022-015-WG INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS' COMPENSATION CLAIMS, AND OTHER EMPLOYMENT RELATED MATTERS; AUTHORIZING THE ADMINISTRATION TO ENTER NEGOTIATIONS WITH THE FOLLOWING FIRMS TO ESTABLISH A POOL OF FIRMS UNDER THE RFQ: S.K.I., INC., AS THE FIRST RANKED PROPOSER; INFOQUEST INFORMATION SERVICES, LTD, LLC, AS THE SECOND RANKED PROPOSER; AND CROSSROAD SDI DBA CROSSROADS INVESTIGATIONS AND DIGISTREAM SOUTH FLORIDA, INC. AS THE THIRD-RANKED PROPOSERS (TIED); AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AGREEMENTS WITH EACH OF THE FOREGOING PROPOSERS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, the City has an ongoing need for investigation of claims, background, claims adjusting and surveillance of selected tort liability claims, and workers' compensation claims in other employment related claims; and WHEREAS, on May 11, 2016, the Mayor and City Commission awarded RFQ No. 2016- 057-WG for investigating claims, backgrounds, adjusting and surveillance of selected tort liability claims, workers' compensation claims, and other employment related matters; and WHEREAS, the contract was issued to three vendors for a two-year period with three- year one options that were exercised by the City, which expired January 19, 2022; and WHEREAS, in anticipation of the expiring contract, the Mayor and City Commission approved the issuance of Request for Qualifications (RFQ) No. 2022-015-WG, for Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers' Compensation Claims, and Other Employment Related Matters ("the RFQ"); and WHEREAS, on October 14, 2021, the RFQ was issued and advertised with an opening date of November 29, 2021; and WHEREAS, on November 29, 2021, the City received a total of five (5) proposals from: Crossroads SDI (DBA Crossroads Investigations) ("Crossroads"), Digistream South Florida, Inc. ("Digistream"); Infoquest Information Services, LTD, LLC, ("Infoquest"); Jurney &Associates Inc. ("Jurney") and S.K.I. Inc.; and WHEREAS, on December 20, 2021, the City Manager appointed an Evaluation Committee, comprised of Robert Aragon, Claims Coordinator, Human Resources Department; Manny Marquez, Assistant Director, Finance Department; Elizabeth Miro, Assistant Director, Facilities/Fleet Maintenance Department; Steven Rothstein, Deputy City Attorney, City Attorney's Office; and Maria Toca, Employee Relations Manager, Human Resources Department; and WHEREAS, Steven Rothstein and Maria Toca were unable to participate in the DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Evaluation Committee; 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; and WHEREAS, the Committee was also provided with general information on the scope of services, and a copy of each proposal and was further instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ; and WHEREAS, the evaluation process resulted in the proposers being ranked by the Evaluation Committee in the following order: 1st S.K.I. Inc. 2nd Infoquest 3rd Crossroads 3rd Digistream 5th Jurney WHEREAS, after reviewing all of the submissions and the Evaluation Committee process, the City Manager concurs with the Evaluation Committee and finds that S.K.I., Inc., Infoquest, Crossroads and Digistream, are the best qualified firms and should be considered for award to establish a pool of firms able to assist the City with its future needs for investigation, background, adjusting and surveillance services for selected tort liability claims, workers' compensation claims, and other employment related matters. 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, pursuant to Request for Qualifications (RFQ) No. 2022-015-WG Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers' Compensation Claims, and Other Employment Related Matters; authorizing the Administration to enter negotiations with the following firms to establish a pool of firms of meetings the City's future needs under the RFQ: S.K.I., Inc., as the first ranked proposer; Infoquest Information Services, LTD, LLC, as the second ranked proposer; and Crossroad SDI DBA Crossroads Investigations and Digistream South Florida, Inc. as the third-ranked proposers (tied); and further authorizing the City Manager and City Clerk to execute agreements with each of the foregoing proposers upon conclusion of successful negotiations by the Administration.PASSED AND ADOPTED this day of fld/'u4ry 2022. ATTEST: 4 FEB 1 1 2022 RAFAEL E. GRANADO, CITY CLERK DAN GELBER, MAYOR APPROVED AS TO ...... ''' FORM &LANGUAGE &FOR EXECUTION INCORNAOWED/ ,�5 City Attomey Date DocuSign Envelope ID CB343231-84A9-452B-B7F1-6C3103666113 Resolutions-C7 D MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: February 9, 2022 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2022-015-WG INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS' COMPENSATION CLAIMS, AND OTHER EMPLOYMENT RELATED MATTERS; AUTHORIZING THE ADMINISTRATION TO ENTER NEGOTIATIONS WITH THE FOLLOWING FIRMS TO ESTABLISH A POOL OF FIRMS UNDER THE RFQ: S.K.1., INC., AS THE FIRST-RANKED PROPOSER; INFOQUEST INFORMATION SERVICES, LTD, LLC, AS THE SECOND RANKED PROPOSER; AND CROSSROAD SDI DBA CROSSROADS INVESTIGATIONS AND DIGISTREAM SOUTH FLORIDA, INC. AS "THE THIRD-RANKED PROPOSERS (TIED); AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AGREEMENTS WITH EACH OF THE FOREGOING PROPOSERS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMI NISTRATION. RECOMMENDATION It is recommended that the Mayor and City Commission approve the Resolution authorizing the Administration to enter into negotiations with the following firms to establish a pool of firms able to assist the City with future needs regarding investigating claims, backgrounds, adjusting, and surveillance of selected tort liability claims workers'compensation claims in other employment- related matters: • S.K.I., Inc., as the first-ranked proposer; • Infoquest Information Services, LTD. LLC, as the second-ranked proposer, and • Crossroads SDI DBA Crossroads Investigations and Digistream South Florida, Inc., as the third-ranked proposers (tied). The Resolution also authorizes the City Manager and City Clerk to execute Agreements upon conclusion of successful negotiations by the Administration and City Attorney's Office. BACKGROUND/HISTORY On May 11, 2016, the Mayor and City Commission awarded RFQ No. 2016-057-WG for Page 106 of 786 DocuSign Envelope ID CB343231-84A9-452B-B7F1-6C3103666113 investigating claims, backgrounds, adjusting, and surveillance of selected tort liability claims workers'compensation claims in other employment-related matters. The contract was issued to three vendors for two years with three one-year renewal options that the City exercised. The Agreements expired on January 19, 2022. To establish a replacement agreement for the required services, the City issued the RFQ to receive and evaluate qualifications from licensed, experienced investigative firms for the services. Proposers must comply with requirements of Chapter 493, Section 6201, Florida Statute, Classes of License, Private Investigative, Private Security, and Repossession Services. ANALYSIS On October 13, 2021, the Mayor and City Commission approved the issuance of RFQ 2022- 015-WG for Investigation, Background, Adjusting, and Surveillance of Selected Tort Liability Claims, Workers' Compensation Claims, and Other Employment Related Matters. RFQ responses were due and received on November 29, 2021. The City received proposals from the following five firms: Crossroads SDI, Inc. DBA Crossroads Investigations, Digistream South Florida, Inc., Infoquest Information Services, LTD. LLC, Jumey&Associates, Inc., and S.K.I., Inc. On December 20, 2021, .the City Manager appointed Evaluation Committee to consider proposals received. The Committee was comprised of Robert Aragon, Claims Coordinator, Human Resources Department; Manny Marquez, Assistant Director, Finance Department; Elizabeth Miro, Assistant Director, Facilities/Fleet Maintenance Department; Steven Rothstein, Deputy City Attorney, City Attorneys Office; and Maria Toca, Employee Relations Manager, Human Resources Department. However, Steven Rothstein and Maria Toca were unable to participate in the Evaluation Committee. The Committee was provided an overview of the project information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided with general information on the scope of services and a copy of each proposal. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process resulted in the proposers being ranked by the Evaluation Committee in the following order(See Attachment A): 1st S.K.I., Inc. 2nd Infoquest Information Services, LTD. LLC 3rd Crossroads SDI, Inc. DBA Crossroads Investigations (tied) 3rd Digistream South Florida, Inc. (tied) 5th Jumey&Associates Inc., and The following is a summary of the four top-ranked firms. S.K.1.. Inc, S.K.I., Inc., was founded in 2000 and is headquartered locally in Miami, Florida. The firm has vast municipal experience performing investigative services for agencies such as Miami Dade County, Miami Dade School Board, and the City of Fort Lauderdale. Page 107 of 786 DocuSign Envelope ID CB343231-84A9-452B-B7F1-6C31 036661 1 3 The staff at S.K.I., Inc., are highly skilled at conducting all types of investigations, ranging from surveillance to recorded statements and data-based information gathering. S.K.I., Inc., is considered a progressive agency with employees from various backgrounds, including law enforcement, national investigative companies, national insurance companies, and major law firms. Infoquest Information Services. LTD. LLC Infoquest, established in 1994, is a workers'compensation and insurance defense investigative firm. The firm offers an array of traditional investigative services, including manned and unmanned surveillance, activity checks, interviews, comprehensive criminal and civil litigation background investigations, medical canvass, social media, and deep Internet mining. It has a substantial staff of experienced, licensed, professional investigators to handle all assignments promptly and thoroughly. Infoquest has over 1000 clients nationwide, including large insurers such as Nationwide Insurance, third-party administrators such as Sedgwick Claims Management, self-insured employers such as The Cleveland Clinic, General Motors, United Parcel Service, and many other private and public clients. Crossroads SDI. Inc, d/b/a Crossroads Investigations Named the top investigation firm in South Florida by the Daily Business Review for the last seven years, Crossroads SDI, Inc. d/b/a Crossroads Investigations, is a full-service national private investigation agency with global capacities operated by a former Central Intelligence Agency (CIA) officer. Crossroads offer specialized private investigation services, including research and background investigations, adjusting and surveillance of selected tort liability claims, workers compensation claims, and other employment matters. Crossroads SDI, Inc. d/b/a Crossroads Investigations has provided the City of Miami Beach with these services since 2016. Digistream South Florida. Inc. Digistream Investigations has been an employee-owned, privately held company since its founding in 2001. Digistream has 18 offices nationwide with over 300 full-time, W2 licensed investigators, all of whom complete initial and ongoing training. Digistream has provided the City of Miami Beach with these services since 2016. Its unique approach to investigations combined with a full array of innovative surveillance solutions has provided the City with comprehensive results. SUPPORTING SURVEY DATA Not Applicable • FINANCIAL INFORMATION Fees will be established through the negotiation process. Funding for the services is subject to the approval of funds through the City's budgeting process. The average annual expenditures for these services total$128,937.79. Grant funding will not be utilized for this project. CONCLUSION Page 108 of 786 DocuSign Envelope ID CB343231-84A9-452B-B7F1-6C3103666113 After reviewing all of the submissions and the Evaluation Committee process, I concur with the Evaluation Committee and find S.K.I., Inc. and Infoquest Information Services, LTD. LLC, to be the best qualified firms. S.K.I., Inc. presently conducts business with the largest number of local municipalities and provides real-time investigation reporting updates. I nfoquest Information Services, LTD. LLC, has an impressive list of municipal experience and can provide investigation services with a fast turn-around time for projects that require expediting.As such, S.K.I., Inc. and Infoquest Information Services, LTD. LLC should be considered for award. Further, the City's current pool of firms available to provide the required services includes three firms. The Risk Management Division of the Human Resources Department would like to continue to have a pool of at least three firms that can be utilized to address future needs in the defined area of services on an as-needed basis. In that regard, I find that the third-ranked firms (tied), Crossroads SDI DBA Crossroads Investigations and Digistream South Florida, Inc., which are included in the City's current pool of firms, are well qualified and have performed well when staff has requested services.As such, Crossroads SDI DBA Crossroads Investigations and Digistream South Florida, Inc. should also be considered for award. Each of the four firms offer varying degrees of expertise in the areas of service required by the City. This is especially true when one considers the expertise of the firm personnel available to be assigned to any City engagement when the-need for services arises.A pool of the-four firms will allow staff to select the firm that can assign the most qualified personnel to meet the City's needs and best interests. For the reasons stated herein, I recommend that the Mayor and City Commission approve the Resolution authorizing the Administration to enter into negotiations with the following firms to establish a pool of firms able to assist the City with future needs regarding the required services: S.K.I., Inc., as the first-ranked proposer, Infoquest Information Services, LTD. LLC, as the second-ranked proposer; and, Crossroads SDI DBA Crossroads Investigations and Digistream South Florida, Inc., as the third-ranked proposers (tied). The Resolution also authorizes the City Manager and City Clerk to execute Agreements upon conclusion of successful negotiations by the Administration and City Attomey's Office. Is this a"Residents Right Does this item utilize G.Q. to Know" item,pursuant to Bond Funds? City Code Section 2-14? No No Legislative Tracking Human Resources/Procurement ATTACHMENTS: . Description - • • - •• . ' ❑ Attachment A • o Resolution - ° Page 109 of 786 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 N n'- 8 e 1ri mm mry Si- BupusH v m — N i o1n )orno r`r` wow a co 0 S Iil 00 000 W I . e .n 1010 a 6upuea m v N 1n.- a mN vt�p. ':i r- O W m aD N.0) ra E '. A 1 00 000 _ i0 7 '^ Q Rupuea N N �n v A O m m an N o, m m m m m a) i�_ C) Co e a o 1100000 i . O a - mm rnNr, m m m m m 0 i : illop . O b U w j C NO git,2.5 , g i,-, m $ mfilli g Ct a 8 gt 1 1 tll Ul C l 1 J N Ili U L E— Q o f iaj QQ�+wg EY UU85m -',c o E m DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 ATTACHMENT B ADDENDUM AND RFQ SOLICITATION DocuSign Envelope ID.CB343231-84A9-452B-B7F1-6C31 036661 1 3 M I AM I BEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 3 REQUEST FOR QUALIFICATIONS NO. 2022-015-WG INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS' COMPENSATION CLAIMS, AND OTHER EMPLOYMENT RELATED MATTERS November 16, 2021 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 (deletions are shown by strikethrough and additions are underlined). I. REVISION: RFQ DUE DATE AND TIME. The deadline for the electronic receipt of bids is extended until 3:00 p.m., on Monday, November 29, 2021. All bids received and time stamped through BidSync, prior to the bid submittal deadline shall be accepted as timely submitted. Bids will be opened promptly at the time and date specified. Hard copy bids or bids received electronically, either through email or facsimile, submitted prior to or after the deadline for receipt of bids are not acceptable and will be rejected. Late bids cannot be submitted, bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. II. ATTACHMENTS. Exhibit A Awarded Contracts 2016-057 III. RESPONSES TO QUESTIONS RECEIVED: Q1: Can the City provide copies of the existing contracts awarded pursuant to RFQ 2016-057? Al: Please refer to Exhibit A Awarded Contracts 2016-057. Q2: Can the City provide information on the past case load, in order to get an idea as to how many cases to expect? A2: The City anticipates on average 200 annual liability cases, 25% may require investigative services. The City also anticipates 6-12 employee related investigations annually. Q3: Does the City expect to transfer any existing files to newly awarded firms? A3: No. The City anticipates that any newly awarded firm(s) be assigned new projects on an as needed basis. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: William Garviso 305-673-7000 ext. 7490 WilliamGarviso@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential 1 ADDENDUM NO.3 REQUEST FOR QUALIFICATIONS NO.2022-015-WG INVESTIGATION,BACKGROUND,ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS,WORKERS'COMPENSATION CLAIMS, AND OTHER EMPLOYMENT RELATED MATTERS DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 M I AM I BEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. incerel , Ale nls P urement Director 2 ADDENDUM NO.3 REQUEST FOR QUALIFICATIONS NO.2022-015-WG INVESTIGATION,BACKGROUND,ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS,WORKERS'COMPENSATION CLAIMS, AND OTHER EMPLOYMENT RELATED MATTERS DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND PROVEN INVESTIGATIONS, LLC 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 Professional Services Agreement ("Agreement") is entered into this 16 day of October , 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 PROVEN INVESTIGATIONS, LLC, a Florida limited liability company, whose main address is 1008 Maldonado Drive, Pensacola Beach, Florida 32561, and whose local address is 15751 Sheridan Street#410, Fort Lauderdale, Florida 33331 (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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 assigned by the Human Resources Department, Consultant shall be compensated on an hourly basis, in the amount of$65.00 per hour for investigative services and $50.00 per hour for adjusting services. 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 10th 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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, 3`d 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 $1,000,000.00 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 VII" 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 JURISDICTIONNENUE/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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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, 6 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 and/ or inspect, any and all other documents and/or records relating to all matters covered by 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: Proven Investigations, LLC 15751 Sheridan Street, #410 Fort Lauderdale, Florida 33331 Attn: Lee S. Goldwich, 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 purposes 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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, LORIDA ATTEST: j By: City erk Mayor ifF/ Date: Q t +�-,%%%%%%%%..�%�p BEA ' _•. �, , ,�� ,✓ i FOR CONSULTANT: �' - •R OTRO Q, N INVESTIGATIONS, LLC. 4(...1N�ORP co ATTEST: .g�. It?'.' ' ' 00, 0091W B . �m/, Y: '"r Signature Signature �! 1 / Q c0. \G,Y\�e O� iee J- L'014,nliGf'1 //�t l /A(r Print Name i Print Name/Title Date: 1 I' a-0 Re '% DIANE OHLY •: MY COMMISSION ar FF897789 • '` : E%PIRFfi September 21,2019 . APPROVED AS TO FORM& LANGUAGE &FOR XECUTI N i City Attorney �lo 10 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 3rotection 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 Granada, 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 Siience 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 /'`u 2016. ATTEST: -.^�-•,,�� 5 2-7j tad '' S RAF L E. NADO, C CLER�G' IMCCPcv Pki IP EVINE, MAYOR 'NeSC M 1 h APPROVED AS TO FORM&LANGUAGE &FORTECUTION 4,46 City AttoeheY—Arr Da T:`AGENG41‘2016'May\Procurement'RFQ 201E-057-WG Investigations\RFO 201 o-057-WO Investigations-RESO.doc DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 ._ COMMISSION ITEM SUhl.Y Condensed Title: • A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIA/sill 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 =ebruary 17, 2015 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 poor experience,any information on team that would service the City. On April 21, 2015 the City Manager appointed Evaluation Committee(the'Committee')convened to consider the statement of qualifications received. After considering proposals and the resu is of the Evaluation Committee process.pursuant to RFQ No.2016-057- VVG, 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 Flonda, 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 aporoved through the City's budgeting process. Source of 1 Amount T Account Funds: 1 I 2 I Total Financial Impact Summary: City Clerk's Office Legislative Tracking: I Alex Denis, Extension 6641 Sign-Offs: Departm t Di o Assistan • y.;,.nager City M a er •-+ NIT j� . JLf m MIAMI BEACH AGENDA ITEM c r DATE S�li-�G DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 MIAMI BEACH City of Miami leach, 1700 Conventian Canter Drive,Miami Beach,Florida 33'39.www.r namibeachfl.gav COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of t 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_ DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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. .. :1.-4- : . ,.EvaluationCrriterla.17. .#' -'- •..=.. i'TQt oitit0iPi Similar project experience References 100 Team member qualifications or Other Factors or Information Requested under this RFQ The RFQ also stipulated that add bona! 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, experence, 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: RFC)*2018-057-WO for f n Ti Irresagation.Background, coo Adjusting and Surveillance of a m pi ir Selected Tort Lability Claims, ? - LOW Workers'Compensation Claims m` p AGGRE and other Employment Related - 3 m GATE h Matters rn ,Ranking I w Ranking -9 Rankirxg TOTALS. ICrossroads SDI.Inc. 70 3 79 I 2 90 2 . 7 3 DigiStream South Florida.Inc. , 85 1 85 1 85 3 5 1 Proven Investigations.LLC 75 2 77 3 93 1 6 2, 1 VRP Group. Inc.dba Regius 45 , 4 I 76 4 75 4 12 4 i 'Veterans Preference I Maxirrx;m Veterans Namable Total Poirts Procoser Preferrerce .' Points Awarded' ,Crossrcads SDI.Inc 0 5 ( 0 `DigiStream South Fbrida,Inc. 0 5 I 0 Proven Investigations,LLC 0 5 I 0 •VRP Group.Inc.dba Regius I 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 Qualifcations (RFQ) No. 2016-057-WG, for Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers Compensation Claims and Other Employment Related Matters, b 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/MTISCT/AD/WG F.1T Drive'AGENDA.2013\MayPProcuremenrRFQ 2016-057-WG Investlgations'RFQ 2016-057-WG Investigations-Memoa doc DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 ATTACHMENT B REQUEST FOR QUALIFICATIONS (RFQ) AND ADDENDUMS DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 MIAM BEACH City of Miami Beach, 1 755 Meridian Avenue,3'4 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 prcing 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 S13,980, 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 MIAM BEACH City of Miami Beach, 1 755 Meridian Avenue, 3ra 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. DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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? All) 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, — ►v- 1,/ Alex Denis Procurement Director 2 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 REQUEST FOR QAUF CATIO\S ( RFQ) INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CAIMS, 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, 3"d Floor, Miami Beach, FL 33139 305.673.7000 x6650 1 www.miamibeachfl.gov DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 ,\AIA/\AI 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 R-Q 2016-057-WG 2 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 m .M.I A 1',^!BEACH 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 util zes PublicPurchase (www.oublicourchase.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 NA 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 sLbmitted to the Procurement Contact noted below Procurement Contact Teiepnone Email William Garviso, CPPB 305 673-7000#6650 williamcarviso@miamibeachfl.gov additionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado • miarnibeachfl.•ov; •r via facsimile:786-394-4188. 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 CO MIAMI BEACH 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 Ciy Clerk at rafaelgranado(a)miamibeachfl.gov RFQ 2016-057-WG 4 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 MIAMIBEACH 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.gov/procurementlscroll.aspx?id=23510 • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES.... ... . .PROCEDURES....,...,.. ...., ,. . . ,., .., ,,.. . ....,....,, CITY C0DE 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 2488 • 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 fo. public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may rot 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 cf 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, tFCQ 2016-O5/-WG 5 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 m MIAMI BEACH 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. 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 ar Agreement has been agreed to;approved by the City; and executed by the parties. RFQ 2016-O57-WG 6 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 1v1IAMI 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 decla-e 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 tha: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. k'HC.) 20 5C3/WG 7 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 6A MI AM!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 I,censes, 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 Protect 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. '�rQ 2016 C5/-WG 8 DocuSign Envelope ID.CB343231-84A9-452B-B7F1-6C3103666113 tflIAM'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:he 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(si 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 conrection therewith, and shall irvestigate 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. '� G 20 1 6-05 7 WG DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 MIAM'BEACH 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 shirty (30) days after openirg 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 orcer 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 ccst 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 Propose 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). Q 20'6-0S/-WG DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 MIAM, BEACH 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 S50,000), 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 :7Q 2016-057-WG i I DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 m 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 tern 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 493.5201, Florida Statu:es) • Private Investigator(s) (who shall comply with the licensing requirements pursuant to Section 493 6201, Florida Statu:es) 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 201 b-057 WG 12 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Im MIAM 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 Df the Proposer. The Proposer shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapo/wcs/stores/servlet/SuoolierPortal?storeld=11696 Proposals are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each prcposer 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-consultaits) to determine: qualifications (including, but not limited to. litigation history, regulatory action, or additional references): and financial capability (including, but not limited to, annual reviewedaudited financial statements with the auditors notes for each of their last two complete fiscal years) Qr� 201 6-O57-WG 13 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 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 util ze the results to make a recommendation to the City Commission. In the event that orly 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, Qua itative 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 c-itena(in no particular order or weight). • Similar project experience • References • Team member qualifications • or Other Factors or Information R-.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-Quantitative Criteria Veterans Preference 5 TOTAL AVAILABLE STEP 2 POINTS 5 RFQ 2016-057-WG 14 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 MIAMIBEACH 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 members 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 Pants 82 76 80 Step 2 Pants 22 15 12 Committee Total 104 91 92 Member 1 Rank 1 3 2 Step 1 Points 79 85 72 Step 2 Points 22 15 12 Committee Total 101 100 84 Member 2 Rank 1 2 3 Step 1 Points 80 74 66 Step 2 Points 22 15 12 Committee Total 102 89 78 Member 2 Rank 1 . 2 3 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 APPENDIX A M AM BEACH 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 20 T 6-057-WO 15 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Solicitation No: Sofatation Tide: 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 Busness: 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. 1. FQ 2016-05/-WG 17 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 arty 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 Cty 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 refe enced 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 contact cancelled due to non- erformance by any public sector agency? YES ( NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to actionis) 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 contnbuted 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.eacn 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 Busiress 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 miamibeachfi.govlprocurement/ RFo 2016--057WG 18 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 Pease 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 Manage's decision is final Further information on the Equal Benefits requirement is available at www.miamibeachfl.govlprocurement/. <FCD 2016-057-WG DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 polio 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'WO 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. imtal to Confirm initial to Confirm in6al 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=Q 2016-057-WG 20 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 Df 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 consideratice, 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 responcs 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:he 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 :he 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 unapoealable 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 S10.000 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 aws of the State of Florida. =Q 2O16-057-WG 21 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 Authonzed Representative Title of Proposer s Authonzed 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 APPENDIX B MAMBEACH " 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: It 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. R:Q 2016-057-WG 23 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 RFC 2016-057-WG 24 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 APPENDIX C CI_ AA AM BEACH Minimum Requirements & Specifications RFQ 201 6-057-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 25 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 Investigators)*. 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 marager, as defined in Section 493.6201, F orida 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. R`=Q 2016-057WG 26 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 APPENDIX D M AM BEACH Special Conditions 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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. RFC 2016-057-WG 28 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 APPENDIX E er-4 M AM 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 201 b-057-WG 29 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 m 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 ATTACHMENT C CONSULTANTS RESPONSE TO THE ( RFQ) DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Proven Investigations, LLC. 15751 Sheridan Street#410 /13Y Fort Lauderdale,FL 33331 Tel: (954)252-6669 RFQ 2016-057-WG Due: April 1, 2016 Re: Proposal For Qualifications: Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers' Compensation Claims, and Other Employment Related Matters. To: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Proposer: Proven Investigations, LLC. 15751 Sheridan Street # 410 Fort Lauderdale, FL 33331 Tel: (954) 252-6669 Primary Contact: Lee S. Goldwich, Managing Member Cellular: (954) 629-6595 Email: lee@proveninvestigations.com DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 RFQ 2016-057-WG Due:April 1,2016 Proposal For Qualifications: Investigation,Background,Adjusting and Surveillance of Selected Tort Liability Claims,Workers' Compensation Claims,and Other Employment Related Matters Tab 1 Cover Letter & Minimum Qualifications Requirements 1.1 Cover Letter 1.1 Table of Contents 1.2 Response Certification,Questionnaire & Requirements Affidavit 1.3 Minimum Qualifications Requirements 1.3(a) Florida Private Investigations Agency License 1.3(b) Florida Private Investigations Agency Branch Office License 1.3(c)Florida Private Investigator Licenses 1.3(d) Florida Adjuster Licenses Tab 1 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 RFQ 2016-057-WG Due:April 1,2016 Re: Proposal For Qualifications: Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers' Compensation Claims, and Other Employment Related Matters. To: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3`d Floor Miami Beach, Florida 33I39 Proposer: Proven Investigations, LLC. 15751 Sheridan Street#410 Fort Lauderdale, FL 33331 Tel: (954)252-6669 Primary Contact: Lee S. Goldwich, Managing Member Cellular: (954) 629-6595 Email: lee@proveninvestigations.com 1.1 Cover Letter DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 RFQ 2016-057-WG Due:April 1,2016 Proposal For Qualifications Investigation,Background,Adjusting and Surveillance of-Selected Tort Liability Claims,Workers' Compensation Claims,and Other Employment Related Matters Table of Contents Tab 1 1.1 Cover Letter 1.1 Table of Contents 1.2 Response Certification, Questionnaire &Requirements Affidavit 1.3 Minimum Qualifications Requirements Tab 2 2.1 Qualifications of Proposing Firm 2.2 References 2.3 Qualifications of Proposer Team 2.4 Financial Capacity 1.1 Table of Contents DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 cR:POSER CERTIFICATION 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 wfil 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 or Proposer s Autttcnzed Reoresentative. Tide of Proposer's Authorized Representative: Lee S. Goldwich Managing Member P s Avrhoriz Re Date: 3/2. 7/Jfc State of Florida ) On this Z 7day of /fit` ,2O.i ersonally appeared before me who County of Broward ) stated that (s)he is the Managing Member_ of Proven lovestigatrona.U.C,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: ti Notary Public for the State of Cy1 i My Commission Expires: 9/ a/,.ZO i.C( DlA" ONLY MY COMMISSION N FF897769 EXPIRES September 21,2019 t4C/1)a*4.53 Flonria4a wyServk7.aom I FQ 20 16-O57-vNG 22 Response Certification, Questionnaire&Requirements Affidavit- 1.2 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 APPENDIX A 11 MIAMIBEACH Response Certification , Questionnaire & Requirements Affidavit RFQ 201 6-057-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 2Of64 57—V'/G 16 Response Certification, Questionnaire & Requirements Affidavit- 1.2 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Solidtation 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(a)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: Proven Investigations, LLC. No of Years in Business: No of Years in Business Locally: No of Employees 2 5 5 OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): 1008 Maldonado Drive CITY: Pensacola Beach STATE: ZIP CODE: Florida 32561 TELEPHONE NO.: 954-252-6669 TOLL FREE NO.: FAX NO.: 954-862-3694 FIRM LOCAL ADDRESS: 15751 Sheridan Street#410 CITY: Fort Lauderdale STATE: Florida ZIP CODE: 33331 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Lee S. Goldwich ACCOUNT REP TELEPHONE NO.: 954-629-6595 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: Lee@Provenlnvestigations.com FEDERAL TAX IDENTIFICATION NO.: 45-1196841 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 201 6-057 WG 17 Response Certification, Questionnaire & Requirements Affidavit - 1.2 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 1. Veteran Owned Business.Is Proposer claimin'a veteran owned business status? I YES Q 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 atwww.miamibeachfl.gov/procurementl. RFQ 2016-05/W'G 18 Response Certification, Questionnaire & Requirements Affidavit- 1.2 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 0 eamo(in a particular yoar). 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 Not Applicable 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 Not Applicable 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 Not Applicable Family Medical Leave Bereavement Leave I I 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/. K 0 2016-J57-WG 19 Response Certification, Questionnaire &Requirements Affidavit- 1.2 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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. RFQ 2016-057\NG 20 Response Certification, Questionnaire & Requirements Affidavit- 1.2 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 ISM WU ril1Iit116Y9111,11Mell Edi 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 Disdosure 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 Response Certification, Questionnaire & Requirements Affidavit- 1.2 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 PROPOSER CERTIFICATION I hereby certify that; I, as an authonzed 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'a Authorized Representative Title of Proposers Authorized Representative: Lee S. Galdwich Managing Member Signature of Proposer's Authorized Representative, Date: State of Florida ) On this day of ,20_,personally appeared before me who County of Broward ) stated that (s)he is the Managing Memner_ of Proven investigations,tic, 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: 1E'Q 2 5/We 22 Response Certification, Questionnaire &Requirements Affidavit- 1.2 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 q.PitakiB. RFQ 2016-057-WG Due:April 1,2016 Proposal For Qualifications: Investigation.Background.Adjtsting and Surveillance of Selected Tort Liability Claims,Workers' Compensation Claims.and Other Employment Related Matters Minimum Requirements & Specifications Cl. Minimum Eligibility Requirements: 1. Firm: Proven Investigations, LLC is properly licensed by the Florida Department of Agriculture and Consumer Services. The home office (North Florida Region), located in Pensacola Beach, Florida, has license #A 1100087. The branch office (South Florida Region), located in Pembroke Pines, Florida, has license # AA1100003. Copies of the agency licenses are attached (1.3a & 1.3b). 2_ Private Investigations Manager: Todd McCurdy is the Manager of the North Florida Region and Lee S. Goidwich is the Manager of the South Florida Region. Neither is required to have a separate"Manager" license as both are Class C licensed investigators. 3. Private Investigators: Investigators who conduct services on behalf of Proven Investigations, LLC, are properly licensed by the Florida Department of Agriculture and Consumer Services. Copies of licensing printouts are attached (1.3c). In addition, adjusters who conduct services on behalf of Proven Investigations, LLC, are properly licensed by the Florida Department of Financial Services. Copies of the licensing printouts are attached (1.3d). C2. Statement of Work Required The owners, investigators, and adjusters at Proven Investigations have vast experience handling all types of investigations and claims including background, surveillance, workers' compensation, liability, employment, and more. In fact, we have conducted all of these types of investigations in the past for the City of Miami Beach, and others. Minimum Requirements& Specifications— 1,3 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 +�+ w Florida Department of Agriculture and Consumer Services true: (ON EaY_Nins Akt Q:risrorrt 6 0l8tssESEIMIthafikatignS I dyl s Adam H.Putnam Public Access System PROVEN INVESTIGATIONS, LLC License Number Expires Status A 1100087 04/28/2017 UCENSE ISSUED Pb cal Address Restricted (950)528-6121 Mailing Address 1008 MALDONADO DRIVE PENSACOLA BEACH FL 32561 Principals MCCURDY,TIMOTHY T. OTHER GOIDWICH.LEE S. OTHER Florida Private Investigations Agency License—1.3(a) DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Florida Department of Agriculture and Consumer Services '"' SUVA Rams Dios wit Divisions 3 Offices Fams i P di m NETGA Fans: Cow Adam H.Putnam Public Access System x-::xxn PROVEN INVESTIGATIONS, LLC (BROWARD BRANCH) License Number Expires Status AA1100 0 04/2S/i011 LICENSE ISSUED Restricted The business address and telephone number or this agency is exempt from the disclosure provisions of Florida's records Lawn accordance with Section 119.071(4Xd)F.S. Principals Nave Companion License None hew*Mb Emporium FAQ Putuc Meta" Cmetrach Pm art Policy Sea.__ Florida Private Investigations Agency Branch License—1.3(b) DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Florida Department of Agriculture and Consumer Services SUJICH Home Pry Online About Divisions&Offic,j Fame&PubUations News&Events Cancer. I ''-4-404:. Adam H.Putnam Public Access System j (J�irt!:S::ane { / GOLDWICH, LEE S. License Number j Expires Status C CCO2597 11/18/2017 LICENSE ISSUED Companion License A1100087 w.s�d� Employment FAO Paths hitters Cdntra= %nary Paley Sae Map We*vte HrLp f + i',2DIS Rondo Department alA ana4cse rd C]f`uorcr Serxa Florida Private Investigator Licenses—1.3(c) DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 �'"„r;'•M Rorida Department of Agriculture and Consumer Services gA°81 Home Pay Online About Divisions&Offices Forms&PubGutions News&Events Contact %+y rJ'y�f H • Adam H.Pvtna,n Public Access System MCCURDY, TIMOTHY T. License Number Expires Status C 2`CC G9 04/05/2016 RENEWAL NOTICE SENT Companion License A 110CCS7 tNv Such Eiciesprot FAO Publi Noares Cent at ?rnai POlky Sits Map Vietrszte N.r_, f Tr C Z015 Ftor ea Q.parar me of Aguadare it d Consumer Sen.rs Ronde Capital-Tallatete a Ftoridr 3Z399 0f00 Florida Private Investigator Licenses— 1.3(c) DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 111 Florida Department of Agrictdture and Consumer Ser aces srMa da 3 Name Pay Online Akcut Qivis7om 3 Gtfices Fames S PubGcaticru News d Events Conti( •:• r,' You�e'awe-W r erX.&.1 Se.,rt., Adana H.Putnam Public Access System REY, JUAN C. License Number I Expires Status C 3E0596 1008t2016 j LUCE!4SEISSUED Companion License MA860025, A 1000108 A 2800050 A 8800161 gNwrlydl l Exlopms 1.40 Pubisc!Veb is Gees Pm='Poky Sate Map Web,dr Me Florida Private Investigator Licenses—1.3(c) DocuSign Envelope ID.CB343231-84A9-452B-B7F1-6C3103666113 --,*e'r2.% Florida Department of Agriatlture and Consumer Services SEARCH Home Pas Or fine About Divisions&Offices Forms&Publication News&Events Contact of i . Yoe in tamNs!rw .i+adwxlmi wmre Se.r<r ♦ � Adam H.p„narn Public Access System SILVA, LIVIO MANUEL License Number Expires Status C 9100214 04c01/2017 LICENSE ISSUED Companion License 210002S A 9300399 Not sue,, Enpiotseni fAD Ptak Nantes tancaas PmriczPdiq Ste Wr.-;:rr;.ra f 10 N1 Florida Private Investigator Licenses—1.3(c) DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 IRonda Depar went of Agriculture and Comumer Services '.."" SEAe41 • Horne Pav Online About Divisions&Offices forms&Publications News&Events Centax IYnsslfter. him*' >halm dud Name Stands .. `N., r* { Adam H.Putnam A Public Access System Lrn e SURICK, FRANK M License Number Expires I Status C 15°0242 06/19/2017 } LICENSE ISSUED Companion license A1500191 Erzytdrmrrt ;III P MxNance Car-.ecs Pnrrr7-=i:-, var p Ote-N-' f W in c:n1.5 Honda Oepatmcm of Agxdtue and Canssrncr Semmes Florida Private Investigator licenses—1.3(c) DocuSign Envelope ID.CB343231-84A9-452B-B7F1-6C3103666113 Ronda Department of Agriculture and Consumer Services ® i°°t '.1 Home Pav oniine About Divisions&Offices Fans&PiblRations News&Everts Contact Tatar'motittam ,e,awt Mow sescn Adam H.Putnam ' Public Access System Commoner TAPIERO, HARVEY License Number Expires Status C 9900764 09/29/2017 LICENSE ISSUED Companion License Noce ............... raves Sart.4 Enyia¢rert FAO Pobbt Metwes darts Prn-sy Pobcc Srro Hap Webutt Heip f aus Rand.Department at 414ncvtbu-and Consumer Semces Florida Private Investigator Licenses— 1.3(c) DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 II .- «'^, Florida Department of Agriculture and Consumer Services g'jL" a „ . Horne Pay Onhne About Divisions&Offices Forms&Publications News&Events Contact II -( P. „d=ap marn Public Access System \,,,,/ XIMINIES, PHILLIP D. License Number Expires Status C 9300449 I C6/25/2016 I RENEWAL NOTICE SENT Companion License A 1200017 A 1300281< A 1500103 N..s..wj E:,-*-T Lei FAO DAL.Viva ( -x- PrWo:�.:, -- + c Ea Florida Private Investigator Licenses— 1.3(c) DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 JEFF ATWATER. . FLORIDA'S CHIEF FINANCIAL OFFICER Home News Ccntact t/s About the Agency Espanol Litsace Swath calico Addrras t ce m nace Appornment r.mnated AppoaLen nt Nar�ga:n Do,kwd Download Download Download Licensee Details 3/9/2016 Damograpok laformatlen Name of Licensee: GOLDWICH,LEE STEWART License#:Ao995:9 Business Location: FORT LAUDERDALE,FLORIDA 7/pes and Classes of Valid Licenses Type Original Issue Date!Qualifying Appointment IIADJUSTER-ALL LLNES,osso)8/16/1985 YES Types and Classes of Active Appointments ADJUSTER•ALL LINESio520) (Company Namel[Original Issue Date' Exp Date Type 1 County GOLDWICH,LEE L_u8I2013 is./30/2o17 STATE!9roward Florida Insurance Adjuster licenses—1.3(d) DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 JEFF ATWATER .'• FLORIDA'S CHIEF FINANCIAL OFFICER I'crrt New, Contact Us About the Agency Espanol Laxnaee Search Laamee Addnze Gae+aw Appo a tinent Taassaaed Appoaitmcnt y s„u 0o�alord Gornload Oownbad Oorrntod Licensee Details 319/2016 Dernagraphtc Infom+auon Name of Licensee. REY,JUAN C License# Pzto652 Business Location:FT.LAUDERDALE,FLORIDA —ypes and Classes of Valid Licenses Type Original Issue Dater Qualifying Appointment, ADJUSTER-ALL LINEs(oszo)":9Ji8,2oog I NO yes and Classes of Active Appointments There s no active appointment =rt.a F arr>Dayxa.aant of-rrw:.Sarmry Florida Insurance Adjuster Licenses—1.3(d) DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 RFQ 2016-057-WC Due:April 1,2016 Proposal For Qualifications: Investigation,Background,Adjusting and Surveillance of Selected Tort Liability Claims,Workers' Compensation Claims,and Other Employment Related Matters. Tab 2 Experience & Qualifications 2.1 Qualifications of Proposing Firm 2.2 References 2.3 Qualifications of Proposer Team 2.4 Financial Capacity Tab 2 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 ta0VIE1. RFQ 2016-057-WG Due:April 1,2016 Proposal For Qualifications' Investigation,Background,Adjusting and Surveillance of Selected Tort Liability Claims,Workers' Compensauon Claims,and Other Employment Related Matters Qualifications of Proposing Firm Proven Investigations is a Florida based Private Investigations Agency. Our benchmark is success through consistency. To accomplish your objectives, we employ a diverse team of professionals with various specialties. Since our inception, we have attracted and fostered prominent clients who demand results based on proven,time-tested methods.Through a history of carefully planned and sustained growth, we have deliberately focused on a select clientele, giving each individual and their cases the attention they deserve. We are committed to providing the highest quality services while always keeping our clients' best interests and reputation in mind. Providing quality, efficien: and cost-effective services on a consistent basis is a priority of every staff member.We treat all clients with respect and approach every endeavor impartially and with an open mind. We dedicate our full resources to accomplishing our clients' goals. Private Investigations is not our hobby or pastime, it is our career - and we take it very seriously. Our founders have over 50-years combined investigative experience and participate in the day-to-day operation of the company, which includes conducting investigations and surveillances on a daily basis. Our success is attributed to our ability to build long term relationships with our clients. That can best be accomplished by providing the client with results that are better than they expected, quicker than they expected, and more cost-efficient than they expected. All investigators are licensed by the Florida Department of Agriculture. Division of Licensing (DOL). Each applicant must meet the minimum state requirements of being 18 years of age and a citizen or legal resident alien of the United States.The DOL performs a background investigation on all applicants prior to issuing a license. The DOL has discretion to deny licensure for a variety of reasons. In addition, Proven Investigations performs its own background investigation in accordance with our application process. Criminal and driving histories are examined and references are reviewed and verified. Once an investigator has been hired by Proven Investigations, he/she begins a 90-day probationary period Qualifications of Proposing Firm - 2.1 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 incorporating training in company procedures and policies as well as standard operating procedures for investigative services. During this 90-day period, the investigator will experience a training program involving a ride-along period with a veteran investigator as well as a review of his/her own investigative skills. Upon completion of the probationary period, the investigator will be considered for permanent employment. Interns will continue with bi-annual reviews, which are sent to the DOL for verification of their ongoing internship program. For C license investigators, an annual review is conducted of their investigative and operating procedures. All investigators must comply with Florida Statute 493 governing investigative operations and procedures. Any potential employee who has not completed the 90-day probationary period or for any reason has not passed either the State or our own company's background investigation will not be hired as an investigator. Lee S. Goldwich, through owned companies (Proven Investigations, Horizon Investigations, and Colt Services), has conducted investigations for the City of Miami Beach for about 20 years. Proven Investigations has never been sued (civil or criminal). Proven Investigations has never had any type of administrative action imposed. Qualifications of Proposing Firm—2.1 DocuSign Envelope ID.CB343231-84A9-452B-B7F1-6C31 036661 1 3 RFQ 2016-057-WG Due:April 1,2016 Proposal For Qualifications. Investigation,Background,Adjusting and Surveillance of Selected Tort Liability Claims.Workers' Compensation Claims,and Other Employment Related Matters References Agency Name: City of Miami Beach Agency Contact: Sonia Bridges, Risk Manager Contact Telephone: (305)673-7000 x-6515 Contact Email: soniabridges@miamibeachfl.gov Years of Engagement: 15+(Proven Investigations has been providing investigative services to the City of Miami Beach since its inception in 2011. Ms. Bridges has been the Risk Manager since around January 2013. Prior to that time, Lee S. Goldwich has been providing investigative services to the City through a prior company since around 199g.) Scope of Work: Investigations, background checks,surveillance and research relating to tort liability claims and workers' compensation claims. Agency Name: City of Miami Beach Agency Contact: Jose Del Risco, Labor Relations Specialist Contact Telephone: (305)673-7000 x-6851 Contact Email:josedetrisco@miamibeachfl,gov Years of Engagement: 2+ Scope of Work: Investigations,background checks, surveillance and research relating to employee related matters. Agency Name: Cosio Law Group Agency Contact: Eduardo Casio,Founder Contact Telephone: (305)573-0503 Contact Email: ecosioiacosiolaw.com Years of Engagement: 10+ Scope of Work: Investigations, background checks,surveillance and research relating to insurance defense matters. References—2.2 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Agency Name: Littler Mendelson Agency Contact: Patrick G. DeBlasio, III,Managing Shareholder(Miami) Contact Telephone: (305) 400-7506 Contact Email: pdeblasio@littler.com Years of Engagement: 5+ Scope of Work: Investigations, background checks, surveillance and research relating to employment related matters. Agency Name: Horr,Novak& Skipp,P.A. Agency Contact: David J. Horr, Partner Contact Telephone: (305)670-2525 Contact Email: dhorr@admiral-law.com Years of Engagement: 20+ Scope of Work: Investigations, background checks,surveillance and research relating to insurance defense matters. References—2.2 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 RFQ 2016-057-WG Due:April 1,2016 Proposal For Qualifications. Investigation,Background,Adjusting and Surveillance of Selected Tort Liability Claims,Workers' Compensation Claims,and Other Employment Related Matters. Organizational Chart Lee S.Goldwich Investigator/Adjuster Project Manager Mike Surick Juan Rey Todd McCurdy Private Investigator Investigator/Adjuster Private Investigator Phillip Ximinies Harvey Tapiero Livio"Manny"Silva Private Investigator Private Investigator Private Investigator Qualifications of Proposer Team—2.3 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 Investigator Resumes Proven Investigations has appointed a dedicated staff to handling the contract for investigative services for the City of Miami Beach. The Project Manager for this project will be Lee S. Goldwich, the Managing Member for Proven Investigation's South Florida region. Mr. Goldwich will be responsible for overseeing the execution of the contract, directing and supervising the investigative staff, and ensure consistency in operations. Lee has over 30-years of experience as a Private Investigator and Adjuster. For approximately 15 years, Mr. Goldwich has been directly involved in the management and supervision of previous investigative contracts with the City of Miami Beach, and is very familiar with the investigative needs of the City. Lee S. Goldwich — License#C002597 Mr. Goldwich received his initial investigative training in the United States Air Force, where he worked as a Law Enforcement Specialist / Investigator for four years. After his Honorable Discharge in 1983, he obtained his Private Investigator license. He then gained his insurance experience working for an independent insurance adjusting company.After obtaining his All-Lines Adjuster license in 1984, he left to start his own company and has been conducting investigations ever since. Mr. Goldwich works on behalf of many of the world's largest and most respected Corporations, Insurance Companies, Cruise Lines, Shipping Companies, and P & I Clubs, as well as some of the Country's top Attorneys and Law Firms. He has trained and supervised hundreds of investigators and has personally been involved as the lead investigator in all types of insurance matters, corporate disputes, and criminal cases. He has been called to testify in depositions, hearings and trials, both in State and Federal Courts. Mr. Goldwich is a graduate of the United States Air Force Law Enforcement Academy and the Wichita Falls Police Academy. He is licensed in Florida as a Private Investigator and All-Lines Insurance Adjuster, and holds the Florida Certified Investigator(FCI)designation(one of less than 60 as certified by the Florida Board of Certified Investigators). He attends seminars, courses and trade shows to keep current with industry trends and to constantly update his continuing educational requirements for both his FCI designation and Insurance Adjuster license. Todd McCurdy — License#C2600309 Mr. McCurdy has in excess of 20 years of investigative experience. His experience started with the Tallahassee Police Department with a majority of his time spent in the Homicide Division. During this period, Mr. McCurdy investigated thousands of cases including over 50 homicides and hundreds of deaths, officer involved shootings and missing persons cases. Other types of cases he investigated include financial crimes, burglary, fraud, sex crimes, bombings, theft and child abuse. Mr. McCurdy relocated and worked as an investigator with the Florida Attorney General/Medicaid Fraud Control Unit and his experience was broadened to include Medicaid fraud and patient abuse, neglect and exploitation cases. Mr. McCurdy has worked both short and long term cases, as well as multi-agency, multi- jurisdictional cases. He has worked in unison with local, state, federal and international agencies throughout his career. Close working relationships with prosecuting attorneys in preparation for trial in both the state and federal level has resulted in numerous depositions and trial presentations Qualifications of Proposer Team—2.3 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 in civil, criminal and grand jury. Mr. McCurdy has been involved in many task force operations with local, state, and federal agencies including the US Marshals Service. Mr. McCurdy was also a member of the International Homicide Investigators Association. Mr. McCurdy has been a private investigator for over 7 years, working various types of cases including worker's compensation, backgrounds, due diligence, locates, missing person, asset searches, employee theft, surveillance, criminal litigation, civil litigation support, and interviews/statements. In addition to earning a Bachelor's Degree in Economics, Mr. McCurdy has attended numerous training courses in investigations, interviewing, as well as crime scene and forensics. All of this training, combined with many years of hands-on experience, results in Mr. McCurdy being very well equipped to handle all of your investigative needs. Mike Surick— License#C1500242 In 2006, Mr. Surick retired from the Las Vegas Metropolitan Police Department(20 years) where he held several positions, including Patrol Officer, Patrol Field Training Officer, Motorcycle Traffic Officer, Gang Unit Detective, Vice Detective, Narcotics Detective and retired as a Robbery / Homicide Detective where he specialized in the investigation of bomb threats and explosives- related cases. He is a Security and Bomb Threat Management Specialist with demonstrated experience working with stakeholders and clients to analyze personal and business requirements and processes that identify facility strengths and weaknesses. He has highly qualified expertise in bomb threat management; explosives, components & improvised explosives device recognition; and basic explosives related search &evacuation techniques. Mr. Surick founded CounterThreat Consulting, Inc., which provided first-responders, companies and their employees with training related to bomb threat management, explosives / components & improvised explosive device recognition and explosives-related search & evacuation techniques. He provided training to over 50 local, state and federal organizations and even U.S. Army Special Forces. In 2009, Mr. Surick was recruited by the Nevada Department of Homeland Security's Silver Shield Project as a contractor/project manager, where he conducted vulnerability assessments of over 150 sites determined to be critical infrastructure/key resources across the state of Nevada. Mr. Surick has successfully investigated approximately 100 bomb threat and explosives related incidents and has conducted site assessments at over 150 state critical infrastructures. In addition, he has provided training to representatives of over 50 private, local, state, and federal organizations. Mr. Surick proudly served as a Law Enforcement Professional Contractor, working as an investigator, planner, advisor, and subject matter expert, embedded with the U.S. Army's 3rd Brigade Combat Team, 101st Airborne Division and deployed to eastern Afghanistan. Mr. Surick has extensive experience/expertise in a variety of related fields, including: Criminal Investigations; Accident Investigations; Corporate Investigations; Private Security; Nightclub / Nightlife Security (Manager & Director); leading medium and large security / investigative teams for short and long-term assignments; and Nightclub/Nightlife integrity testing related to illegal narcotics and prostitution activity. Qualifications of Proposer Team—2.3 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Juan C. Rey— License #C8600596 Mr. Rey has been an Investigator in Florida since 1982. He graduated from Florida State University in 1984 with a degree in Criminology and continued his investigative career working for various agencies in South Florida. In 1988, he founded Atlantic Coast Investigations, a Florida Private Investigations Agency specializing in insurance defense investigations. Subsequently, Horizon Investigations was formed as a result of a partnership between Mr. Rey and Lee S. Goldwich. Harvey Tapiero— License#C9900764 Mr. Tapiero has been a licensed investigator since 1997. His duties include field investigative services in the area of surveillance, background investigations, locates and activities check. Mr. Tapiero is experienced in reporting and testifying concerning all investigative endeavors. He assists in the training and review of new investigators as well as formulating and executing game plans for field investigations. Manny Silva — License #C9100214 Mr. Silva has been a licensed investigator since 1999. His duties include field investigative services in the area of surveillance, accident investigations, background investigations, locates and activities check. He is experienced in reporting and testifying concerning all investigative endeavors. Prior to becoming a private investigator, Mr. Silva was a Lieutenant with the Florida Marine Patrol. Phillip Ximinies — License#C9800449 Mr. Ximinies has been a licensed investigator since 1996. His duties include field investigative services in the area of surveillance, accident investigations, background investigations, locates and activities check. He is experienced in reporting and testifying concerning all investigative endeavors. Qualifications of Proposer Team—2.3 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 ritrAltR RFQ 2016-057-WG Due:April 1,.2016 Proposal For Qualifications. Investigation.Background,Adjusting and Surveillance of Selected Tort Liability Claims,Workers' Compensation Claims,and Other Employment Related Matters Financial Capacity Proven Investigations, LLC has the financial capacity to comply with this proposal. As stated in the RFQ, Proven Investigations will, upon request of the City, arrange for Dun & Bradstreet to submit a Supplier Qualification Report directly to the Procurement Contact. In addition, Proven Investigations will provide any other documentation or information requested by the City. A copy of our insurance certificate is already on file with the City. Financial Capacity - 2.4 oowsign |o�cun�aeu�����*aua�r���oa�oaV�a,m~' im/Zuu� | L�1oUU� Lo|/iy �uu>c P-=' r1.0R I D& D2PANT&Y6NT OF STATE x�� � ly����� OF CORPORATIONS Detail by Entity Name Florida Limited Liability Company PROVEN |NVEST|GAT|ONS. LLC Filing Information Document Number L11000034000 FB/BNNumber 45-1196841 Date Filed 03/23C2011 Effective Date 04/01/2011 State FL Status ACTIVE Last Event LC AMENDMENT Event Date Filed 03/22/2012 Event Effective Date NONE Principal Address 1OOOMALO[)NADDDRIVE PENSACOL4 BEACH, FL325G1 K0ai|ingAddress 1OO8K4ALDONADODRIVE PENSACOLA BEACH, FL325S1 ReqistenedAOant Name & Address K0CCUR[)Y. TIMOTHY T 1OO8KXALO[]NAD{} DRIVE | PENSACOLA BEACH, FL326S1 Authorized Peraun(a) Detail ! | Name & Address Title N1GR PROVEN INVESTIGATIONS NORTH 1008 KXALDC}NAD(} DRIVE PENSACOLA BEACH, FL32561 Title K8SR PROVEN INVESTIGATIONS SOUTH 15751BHER|OAN STREET#41U FT. LAUOERQALE. FL 33331 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Detail by tntity Name Page 2 of 2 Annual Reports Report Year Filed Date 2014 02/19/2014 2015 02/20/2015 2016 02/10/2016 Document Images 02/10/2016--ANNUAL REPORT View image in PDF format 02/20/2015--ANNUAL REPORT View image in PDF format 02/19/2014--ANNUAL REPORT View image in PDF format 02/04/2013--ANNUAL REPORT View image in PDF format 03/22/2012--LC Amendment View image in PDF format 01/09/2012--ANNUAL REPORT View image in PDF format 03/23/2011 --Florida Limited Liability View image in PDF format Coovrlaht and Privacy Policies State of Florida,Department of State http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 9/6/2016 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 ATTACHMENT D INSURANCE REQUIRMENTS DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 APPENDIX E MAMIBEACH 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 201 b-057-WG 29 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 L BEACHI MIA 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 Bcnd $ .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. RC 1'016-057-WG 3C, DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CROSSROADS SDI, INC. DBA CROSSROADS INVESTIGATIONS 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 Professional Services Agreement ("Agreement") is entered into this 22 day of September , 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 CROSSROADS SDI, INC., dba CROSSROADS INVESTIGATIONS, a Florida corporation, whose main address is 1835 NE Miami Gardens Drive, Suite 547, North Miami Beach, Florida 33179, (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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 assigned by the Human Resources Department, Consultant shall be compensated based 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 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 AGREEM ENT. 3 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 $1,000,000.00 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. 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 4 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 VII" 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 JURISDICTIONNENUE/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. 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. 5 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 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] 6 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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. Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: Crossroads SDI, Inc dba Crossroads Investigations 1835 NE Miami Gardens Drive, Suite 547 North Miami Beach, FL. 33179 Attn: Marc I. Hurwitz, President 7 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 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: 8 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 purposes 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 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, F I - DA ATTEST: f'. e45T./...S\ B E.41 B y Cit. Clerk `.. ( • .Mayor Date: Ill_ * , l FOR CONSULTANT: . 'T !.,. -{ 26_,>y CROSSROADS SDI, INC. �- �•=-rY D/B/A CROSSROADS INVESTIGATIONS ATTEST: i Secre ary President fiat'C 164.r4.:T Y nitre /4rt..;iz Mosd4i:14' Print Name / Print Name/Title Date: of a APPROVED AS TO FORM & LANGUAGE FOR EXECUTION di9 i iry A orney ler- pat4 i 10 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 EXHIBIT B-CONSULTANT'S COMPENSATION „OM *\, `\` Xinvestigatians corn 1835 NE Miami Gardens Drihe, Suite 547, North Miami Beach, FL 33179 (305) 929-3513, info@)Gmestigations.com Florida Private Investigations Licenses: MA290O012, A2900334, C2900371 • Field rate of $85/hour, applied to time-on-target, plus one hour of travel time (30 minutes each way) and up to one hour of report writing per day, with a four-hour minimum per outing. • Flat Daily Rate of $891.25 which includes eight hours on target, one hour of total travel time, and one hour of report writing, as well as mileage averaged at 75 miles per day,at$0.55/mile 12 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 11 day of /77Q 2016. ATTEST: t 8 RAF L E. NADO, C CLERk^ , COP J TE P,k1 IP EVINE, MAYOR ti _INCORF pairp; \y9CH 1 APPROVED AS IC) FORM&LANGUAGE &FOI?-EXECUTION •- 4 /6 City Attu t y ''jar Date • T.IAGENDA12016\May\Procurement\RFQ 2016-057-WG Investigations\RFQ 2016-057-WG Investigations-RESO.doc DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 COMMISSION IIEM..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: NIA 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., Prover 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: I 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 ; I Amount Account Funds: 1 2 I Total Financial Impact Summary: City Clerk's Office Legislative Tracking: I Alex Denis, Extension 6641 Sign-Offs: Departmynt Di' o Assistan • • -nager Ci M a er SCT � MT01• I JL M I AM I B EAC H AGENDA ITEM G DATE S"if—IC- DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 0 MIAMIBEACH City of Miami Beach, I T00 Convention Center Drive,Miami Beach,Floridc 33139,www Miomibeachil,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), OIGISTREAM 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 in°ormation 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: DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 I 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. r z: if:— .E1rall tiOn=Crlteria: _>. '+ "%' t %gas', 31-Dta -Quilts %is 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 x 2018-057-WC for I I 1 Investigation,Background, .N N coI Adjusting and Surveillance of ol Selected Tort Liability Claims, v _ LOW Workers'Compensation Claims 85 .:5- CD 0 AGGRE and other Employment Related o E N GATE Matters N Ranking ul !Ranking !. • Ranking TOTALS ,Crossroads SDI,Inc. 70 3 79 2 _ 90 2 7 I 3 DigiStream South Florida, Inc. 85 1 , 85 I_ 1 85 3 5 1 I Proven Investigations,LLC 75 2 77 3 93 1 I 6 2 VRP Group, Inc.dba Regius 45 4 I 76 4 75 _ 4 12 4 Veterans Preference .• Maximum • Veterans Allowable Total Points Proposer Preference i Points Awarded` Crossroads S01,Inc. 0 I 5 0 DigiStream South Florida,Inc. f 0 i 5 0 Proven Investigations.LLC 0 t 5 0 IVRP Group,Inc.Soa Regius 0 i 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. DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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. 2016-05T-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 J SCT/AD/WG F.1T_Drive'AGENDA\2016\May\Procurement'.RFQ 2016-057-WO Investigations',RFQ 2016-057-WG Investigations-Memoa.doc DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 ATTACHMENT B REQUEST FOR QUALIFICATIONS (RFQ) AND ADDENDUMS DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 MIAMI BEACH City of Miami Beach, 1 755 Meridian Avenue,3'd 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 Q 1) 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 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 DocuSign Envelope ID CB343231-84A9-452B-B7F1-6C3103666113 MIAMI BEACH City of Miami Beach, 1 755 Meridian Avenue,3'd Floor, Miami Beach,Florida 33139,www.miamibecchfl.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 Q 1) 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 Prog rams. 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. DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 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. Q 11) Are there takeover claims? All) 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. Q 12) 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, — +. ,r Alex Denis Procurement Director 2 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 REQUEST FOR QUALIFICATIO\S (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: en 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 m MI AM:BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED NJA 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 m MIAMi BEACH 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 Qualificatiors(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[sj")if this RFQ results in an award. The City utilizes PublicPurchase (www.oublicourchase 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, 2C16 @ 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 concem ng this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact Telephone: Email: William Garviso, CPPB 305 673-7000#6650 williamcarvisoemiamibeachfl.cov additionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado ' miamibeachfl..ov. or via facsimile: 786-394-4188. 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 " ' I-�,`.', BEACH 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 perscn 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 nay 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 Cleric at rafaelcranadona rniamibeachfl.aov RFQ 2016-057-WG 4 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 m tv\ AMBEACH 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: htto'Nweb.miamibeachfl.aov'orocurement/scroll.asox?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-C 57 WG 5 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 MIAM'BEACH 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. 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 egLal 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 C ty Managers 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. RFC 2016-057-WC 6 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 t MIAMIBEACH 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 proposes 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 perta ning 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. FQ 201 o-057-WG 7 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 m tVIIA/A'AI 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. I`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 f awarded a contract under the terms and conditions of this solicitation. R`Q 2016-057-WG 8 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 t '\IA v'!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 attomey'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 attomey'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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 el 4AIr.,",;;i BEACH 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). RFQ 2016-057-WG 10 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 i," BEACH 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 fnm 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 K. 20 1 6-057-WG 1 1 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 i'v\I AM I 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 1i 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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: httos://s upolieroortal.dnb.com/weba oolwcs/stores/servlet/SuoolierPortal?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 201 6-057-WG 1 3 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 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 R-+uested under this RFQ TOTAL AVAILABLE STEP I 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-Quantitative Criteria Veterans Preference 5 TOTAL AVAILABLE STEP 2 POINTS 5 R Q 2016-057-W3 14 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 m MIAMJ 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 a eye Step 2 Points 22 15 12 Comm tee Total 104 91 92 Member 1 Rank 3 2 Step 1 Points 79 85 72 Step 2 Points 22 15 12 Total 101 100 84 Member 2 Rank 1 2 3 Step 1 Points 80 74 66 Step 2 Points 22 15 12 Total 102 89 78 Member 2 Rank 1 Z 3 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. R=Q 2016-057-WG 15 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 APPENDIX A MAMBEACH 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Solicitation No: solicitation Tide'. RFQ 2016-067-WG Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers' Compensation Claims, and Other Employment Related Matters Procurement Contact Tat Emad: 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: TELEPHCNE 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 souroe(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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 1 Veteran Owned Business.Is Pro ser claimin a veteran owned business status? YES 1J 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 Flonda 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, al Proposers must discicse 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 immedia:e 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('0%)percent or more in the Proposer entity or any of its affiliates 3. References&Past Performance.Propcser 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 anpublic sector agency? YES an 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 Campaigr 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 financ at 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,earn 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.miamibeachlt.gov/procurementi. 12FQ 20 i 6-057-WG 18 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Lwir►g Wage.Pursuant to Sectie -2 408-of the Miami Beach City Cede., as-saw time to limo,Proposers • 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 nct 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 Par.ners 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 Apolication will be reviewed for consideration by the City Manager,or his designee.Approval is not guaranteed and the City Managers decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.govfprocurementl. R=Q 201 6-057-WG 1 9 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 9 Public Entity Crimes.Section 287133(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 provded m s. 237.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additonal submittal is required. By virtue cf executing this affidavit document, Proposer agrees with the requirements of Section 237.131 Florida Statutes,and cerifies 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 assunng 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 ' I 'rutial to Confirm Receipt Receipt I Receipt Addendum 1 Addendum 6 t Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 I Addendum 9 Addendum 14 Addendum 5 j Addendum 10 Addendum 15 If additional confirmation of addendum is required. submit under separate cover RFQ 2016-O57-WG DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 • 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 rejed 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 applicants 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 201 6-057-WG 21 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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, cr 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 Authonzed Representative: Ttle of Proposer s Autonzed 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: FQ 201 6-057-WG 22 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 APPENDIX B M AM 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: It is important f 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 futole_solicitations by the City. RFQ 2016-057-WG 23 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 RFC. 271&-057 v\G 24 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 APPENDIX C m M AM BEACH Minimum Requirements & Specifications RFQ 201 6-057-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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 493.5201, 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 ptrsuant to Section 493.6201, Florida Statute. *In the event that all City-related investigations will be handled by a private investigations manager, as refined 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. RAG 2016-057-WG 26 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 APPENDIX D MIAM BEACH Special Conditions 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 = 2016-057-WG 27 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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, RcQ 2 A,0 28 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 APPENDIX E M AM 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 eJA MIAMI BEACH 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 lability 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. R70 2016-057-WG 30 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 ATTACHMENT C CONSULTANTS RESPONSE TO THE ( RFQ) DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 (644 *,i IFS14 riGa Xinvestigations.com 1835 NE Miami Gardens Drive, Suite 547,North Miami Beach, FL 33179 (305)929-3513,info@Xinvestigations.com Florida Private Investigations Licenses:A2900334, C2900371 April 1, 2016 Mr. William Garviso, Procurement Contracting Officer II Procurement Department 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 Re: Request for Qualifications 2016-057-WG Dear Mr. Garviso, Thank you for the opportunity to conduct business with the City of Miami Beach. We have analyzed the RFQ and are pleased to submit our proposal for investigative services. Named the top investigation firm in South Florida by the Daily Business Review, Crossroads SDI, Inc d/b/a Crossroads Investigations, is a full-service national private investigation agency with global capabilities operated by a former Central Intelligence Agency (CIA) officer, and is a leading firm in South Florida. We offer specialized private investigation services, to include research and background investigations, adjusting and surveillance of selected tort liability claims, workers' compensation claims, and other employment related matters. All completed investigations come with a detailed report and all appropriate documentation. Should you desire or require any clarifications, please don't hesitate to contact me via email or telephone. Thank you in advance for your consideration. Sincerely, 46., 75/. Marc Hurwitz President, Crossroads Investigations DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 TABLE OF CONTENTS TAB 1 1.1 Cover Letter & Table of Contents 1.2 Responses Certification, Questionnaire & Requirements Affidavit 1.2.1 Appendix A 1.2.2 Campaign Contributions 1.2.3 Code of Ethics 1.3Minimum Qualifications Requirements 1.3.1 Firm License: Crossroads Investigations 1.3.2 Private Investigations Manager License: Marc Hurwitz 1.3.3 Private Investigator License: Lawrence Gould 1.3.4 Private Investigator License: Michael K. Adelstein 1.3.5 Statement of Work TAB 2 2.1 Qualifications of Proposing Firm 2.2 References 2.3 Qualifications of Proposer Team 2.3.1 Project Organizational Chart 2.3.2 Project Roles 2.3.3 Project Manager Qualifications: Marc Hurwitz 2.3.4 Private Investigator Qualifications: Lawrence Gould 2.3.5 Private Investigator Qualifications: Michael K. Adelstein 2.4 Financial Capacity 2.4.1 Dun & Bradstreet Report DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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:Crossroads SDI, Inc. No of Years in Business: No of Years in Business Locally: Na of Employees 7.5 7.5 2+contractors OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS:Crossroads Investigations FIRM PRIMARY ADDRESS(HEADQUARTERS): 1835 NE Miami Gardens Dr., Ste 547 CITY.N. Miami Beach STATE.FL ZIP CODE:33179 TELEPHONE NO.:305-929-3513 TOLL FREE NO.: FAX No.:305-647-2903 FIRM LOCAL ADDRESS: 1835 NE Miami Gardens Dr., Ste 547 CITY:N. Miami Beach STATE:FL ZIP CODE:33179 PRIMARY ACCOUNT REPRESENTAT;VE FOR THIS ENGAGEMENT:M a rC Hurwitz ACCOUNT REP TELEPHONE NO.:305-929-351 3 ACCOUNT REP TOLL FREE Na: ACCOUNT REP EMAIL:Marc@Xinvestigations.com FEDERAL TAX IDENTIFICATION NO.:26_3 A G 2 9 2 O 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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.miamibeachfi.govlprocurement/. 2FQ 2016-057-WG 18 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 0 ),T41e-GP•ey-alier by same(in a particular year). nce, as amended. Further information on the Living Wage requirement is 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? X 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? X 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 X X Sick Leave X X Family Medical Leave X X Bereavement Leave X X 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/. RFC 2016-057-WG 19 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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. RFQ 2016-057-WG 20 DocuSign Envelope ID CB343231-84A9-452B-B7F1-6C3103666113 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 Disdosure 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. RFO 2016-057-WG 21 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer , am submitting the following information as my firms 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 Proposers 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 4Q•� . o Xf • y *, rG: Xinvestlgations.com 1835 NE Miami Gardens Drive, Suite 547, North Ivliiami Beach, FL 33179 (305)929-3513,info@Xinvestigations.com Florida Private Investigations Licenses:A2900334, C2900371 April 1, 2016 CODE OF ETHICS Crossroads SDI, Inc. d/b/a Crossroads Investigations, commits to adopting the City of Miami Beach Code of Ethics, as delineated via www.miamibeachfl.gov/procurement/. 4,4 Marc Hurwitz President DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 MINIMUM QUALIFICATIONS REQUIREMENTS DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 _ g A. -" 4 _ ," YI'`' .: ac.° p a « r a.. ,i t ;� .:." s k `J:� , ., .... •;ip��j FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES k r ADAM H.PUTNAM <}"t� -« COMMISSIONER -• ;v DIVISION OF LICENSING 'c < ;� .." `� w` 09/09/15 12/22/18 A 2900334 i , .-sas DATE ISSUED DATE OF EXPIRATION LICENSE NUtiBER N aie ram.- `" CROSSROADS SDI, INC. r- }, . s 1925 N.E.213 TERRACE MIIAMI.FL 33179 r : 3 ' HURWITZ.MARC,PRESIDENT -' THE PRItATE INVESTIGATIVE AGENCY NAMED ABOVE IS LICENSED AND REGULATED UNDER THE .- . ¢_ _ PROVISIONS OF CHAPTER 493,FLORIDA STATUTES. .- 4tie,t. 61/#7...a4a.. A... *10.0...0 i..4 Ll'es, -: _741: _ AD.��I H.P4T\��[ 4 3: -=- ^' COMMISSIONER _ I rC j J DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 PRIVATE INVESTYM' * R L10EW S1 T . r ' � C . ti .z , ?" aA- r, r . A .... ,,.. .-....s-424-v.i., .,,e,-..; . , } a. e r° ,,_ 12 17 gy�pp :-...... ,-,1istflividual is .., of . _" Consumer S es o f �j ADAM H. PUTNAM COMMISSIONER PRIVATE INVESTIGATION MANAGER DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 PRIVATE VE$ `l: LICENSE x .rAirAiry .yip y 1 . �11 54 it I OLD, .- . - i �' „; RACE t .' � t Mks i 0" p* ,gyp!f{0 jt 17 .... - f „'. 1 ie d Rt T is it,c a SS c z the D4pa ni chi C t?np+s« ' a 'e v: s, v sion of Licensing ' 0 ' iittl L i 3 fierkia Statutes -- ADAM H. PU♦T`pN'� A►M GQ I ONER DocuSign Envelope ID: CB343231-84A9-452B-B7F1-6C3103666113 . : ... ... s,a { f $//�yj' yq a C 2 0000 �.- �I 0 ' #y A.DELSTEIN., Mar AELK .. 5 M x ',�, 02/01 18 ` ; rarid by tha 1 - .. ,. A4 $-- tt :e s: Devisian o St ae acco ,,,*-3, Fiot*ia Statutes ,,..--: 4 ADAM M. PUTt1ANI COMMISS#ONER • PRIVATE INVESTIGATOR t • DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 OSSRG#/a J - fl Xinvestigattons.com 1835 NE Miami Gardens Drive, Suite 547,North Miami Beach, FL 33179 (305)929-3513,info@Xinvestigations.com Florida Private Investigations Licenses:A2900334,C2900371 April 1 , 2016 STATEMENT OF WORK Crossroads SDI, Inc, d/b/a Crossroads Investigations hereby certifies that our agency and team are qualified and experienced in services related to investigation, background, adjusting and surveillance of selected tort liability claims, workers' compensation claims, and other employment related matters. We have access to additional qualified and licensed private investigators as necessary. The owner and President of the agency is a former CIA officer and holds a Master of Arts degree in International Relations. After 11 years serving in the Federal Government, he opened Crossroads SDI, Inc. d/b/a Crossroads Investigations in October 2008. Since then, the Agency has performed private investigation and due diligence research services for law firms and business entities. In 2015, Crossroads was named the top private investigation agency in South Florida by the readership of the Daily Business Review, the region's leading legal daily publication. Our work has included: • Surveillance operations, including activity checks, in support of insurance liability, worker's compensation and personal injury claims, including covertly observing claimant's daily activities. • Background investigations, including robust research into claimant's backgrounds as it may relate to an investigation, to include record checks and open source research, via databases restricted to licensed private investigators. • Provision of completed reports, including level of effort narrative, observations of claimant, and relevant photographic documentation. DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Crossroads SDI, Inc. d/b/a Crossroads Investigations QUALIFICATIONS OF PROPOSING FIRM CROSSROADS SDI, INC. D/B/A CROSSROADS INVESTIGATIONS (hereinafter referred to as "Crossroads Investigations") is a Florida entity established in October of 2008. The company was initially founded to sub-contract for retired CIA Chiefs of Stations with corporate due diligence contracts. Crossroads Investigations has since expanded into a full-service Private Investigation and Due Diligence firm. Named the top investigation firm in South Florida by the Daily Business Review in 2015, Crossroads Investigations is a national private investigation agency with global capabilities operated by a former Central Intelligence Agency (CIA) officer. Crossroads Investigations' President, Marc Hurwitz, is a Board Accredited Investigator, one of only 60 worldwide. Hurwitz served 11 years in the Federal Government, to include the U.S. Department of State, The White House National Security Council, and the Central Intelligence Agency. Hurwitz recently completed a three-year term as a member of the Florida Bar's Grievance Committee and is the Chair of the Aventura Marketing Council's Law Committee. Crossroads Investigations analysts and field team is staffed exclusively by former federal intelligence and law enforcement officers. Mr. Hurwitz has been recognized by the community in many other ways as well, including: • Member, Florida Association of Licensed Investigators . • Member, Florida Association of Professional Investigators • Member, United States Association of Professional Investigators • Founder and Chairman of the Aventura Marketing Council Law Committee • Appointed Member, Florida Bar Grievance Committee, 2013-2016 • Law Day Chair, North Dade Justice Center, 2013-2016 RELEVANT EXPERIENCE & TRACK RECORD Crossroads Investigations has a proven track record in providing full-service private investigation services to hundreds of clients. Our track record is supported by our reputation and community involvement, as well as annual recognition by the Daily Business Review since 2013 as amongst the best investigation agency in the region. Crossroads Investigations has an armory of tools at its disposal. Because we are properly bonded and insured and hold many Private Investigator and Government Licenses, we have access to the best and most up-to-date databases and current information on individuals. The specialized private investigation services we provide include, but are not limited to, the following: DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 :• Surveillance and Field Operations Our surveillance team is comprised of former CIA, FBI and Law Enforcement Officers. Our team has collectively logged thousands of hours of private investigation field work to include surveillance, witness interviews and photographing accident sites. Our surveillance techniques include both fixed surveillance, such as quality of life verification related to workers' compensation and/or personal injury claims; and mobile surveillance to follow and document a subject's movements. Our work product contains clear and concise reporting information supported by photographs and videos. • Asset and Bank Searches Whether locally, nationwide, or internationally, Crossroads Investigations can legally locate bank accounts, brokerage accounts, property, wealth and belongings through an Asset Search. While there are many individuals and businesses that use our services, the people who benefit most from our asset searches are usually attorneys whose clients are seeking a judgment or monetary compensation from someone or some entity. •: Background Checks Our background reports are extremely comprehensive and can be returned within 24 hours. They include: criminal history, address history, properties (including mortgage information), vehicles (including title/lien information), bankruptcies, liens, judgments, foreclosures, UCC filings, corporate affiliations, professional licenses, drivers license information, voter registration information, and much more. • Employment and Tenant Screening Our online employee and tenant screening system is compliant with the Fair Credit Reporting Act (FCRA). Our clients use the system to obtain such information as address history, criminal record history, credit and driving records. • Skip Trace Reports Crossroads Investigations offers advanced capabilities in locating a person's whereabouts through a service called Skip Traces. It comes from the saying "skipping" town, and is the official term used by investigators to find someone who may not want to be found. Skip Traces will reveal where that person is currently living. Skip Traces is a great way for law firms and process servers to find someone they need to appear in court. It is also useful to banks, finance companies and debt collection agencies to find people who have moved and owe them money. • Due Diligence Crossroads Investigations can gather all the financial, legal and personal information about a potential business partner or an existing business that clients are planning to buy before a transaction takes place. We provide analysis, so our clients can manage potential risks. Due Diligence allows a buyer or prospective partner to go through the risks of the business, customer records and other documents to ensure he or she is making a good decision and confront difficult DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 business challenges. We conduct Due Diligence for a number of clients, such as venture capitalists and attorneys. International Consulting One of our core capabilities is to conduct corporate due diligence worldwide. Our analytical team, comprised of former CIA officers, has a global network of sources that can provide insights not available any other way, in practically any country overseas. Our clients use our economic intelligence products for several purposes, such as International Litigation Support, International Asset Searches (including bank accounts), and pre-merger/acquisition/investment risk assessment. DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 REFERENCES AGENCY NAME: Miami Beach Chamber of Commerce AGENCY CONTACT: Jerry Libbin, President & CEO CONTACT TELEPHONE AND EMAIL: (305) 674-1300, jerry@miamibeachchamber.com PROJECT/SCOPE OF WORK DESCRIPTION: Crossroads Investigations has been retained to conduct a variety of due diligence research and employment screening tasks. YEAR(S) AND TERM OF ENGAGEMENT: October 2012 - present AGENCY NAME: Law Offices of De Cardenas, Freixas, Stein & Zachary, P.A. AGENCY CONTACT: Barry Stein, Partner CONTACT TELEPHONE AND EMAIL: (305) 377-1506, bstein@dcfsz.com PROJECT/SCOPE OF WORK DESCRIPTION: Crossroads Investigations has been retained for a variety of investigative needs related to workers' compensation and personal injury, including surveillance, witness interviews, photographing accident sites, locating subjects and the provision of background reports. YEAR(S) AND TERM OF ENGAGEMENT: April 2012 -present AGENCY NAME: Weinstein & Cohen, P.A. AGENCY CONTACT: Judson L. Cohen, Partner CONTACT TELEPHONE AND EMAIL: (305) 374-1011, jcohen@weinsteincohen.com PROJECT/SCOPE OF WORK DESCRIPTION: Crossroads Investigations has been retained for a variety of investigative needs to include personal injury surveillance, background reports, subject locates, witness interviews and vehicle license tag research. YEAR(S) AND TERM OF ENGAGEMENT: March 2012 - present DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 QUALIFICATIONS OF PROPOSER TEAM Private Investigation Manager: Marc Hurwitz Private Investigator: Lawrence Gould Private Investigator: Michael Adelstein DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Organizational Chart:City of Miami Beach Project Marc Hurwitz Private Investigation Manager awrence Gould Michael K. Adelstein Private Investigator Private Investigator Other contract licensed Private Investigators can be brought on as needed. Crossroads SDI, Inc.d/b/a Crossroads Investigations DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 PROJECT ROLES Private Investigation Manager: Marc Hurwitz > Client Communication > Product Quality Control > Investigative Team Management > Research & Background Investigations > Analysis > Complete Written Reports Private Investigator: Lawrence Gould > Field Operations: surveillance, activity checks, witness interviews, site photographs and complete written reports Private investigator: Michael K. Adelstein > Field Operations: surveillance, activity checks, witness interviews, site photographs and complete written reports DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 PRIVATE INVESTIGATION MANAGER: MARC HURWITZ 1925 NE 213 Terrace,Miami,FL 33179,(305)929-3513,marcnu,xinvestisations.com Experience President 2008-present Crossroads Investigations,Inc. • Oversees analysts and field operators in support of due diligence and investigation agency • Networks extensively with local business leaders and law firms • Acquired wide array of unique capabilities to support complex litigation and mergers,acquisitions and investments • Recognized by the Daily Business Review for three years as amongst the top Investigation firms in South Florida Field Officer 2003-2008 U.S.Federal Agency •Traveled to Middle East for multiple extended temporary duty assignments •Managed large projects involving establishing new relationships between the private sector and U.S.federal agencies to promote common homeland security interests • Drafted hundreds of reports for use by senior U.S.policymakers • Coordinated with other government entities on a number of homeland security-related issues and investigations • Received numerous Exceptional Performance Awards for outstanding leadership Terrorism Analyst 2000-2003 Central Intelligence Agency • Graduated from CIA's six-month Analyst School and several leadership/management courses • Drafted analytical assessments for senior U.S.Government officials under short deadlines • Briefed numerous senior U.S.and foreign officials,often during crisis situations • Maintained liaison with numerous Middle East governments during multiple overseas trips • Coordinated with wide range of government agencies to ensure singularity of effort • Received Exceptional Performance Award for significant contribution to major strategic success in the Global War on Terror Principal Aide to the Deputy National Security Advisor 1997-2000 National Security Council,The White House •Prepared Advisor for meetings by drafting talking points,writing short bios on attendees,and coordinating and highlighting various briefing papers •Coordinated and tasked 200-member National Security Council staff to support Advisor for daily activities,and communicated Advisor's guidance to the NSC and dozens of federal agencies •Served on coordination committees for NATO 50'h Anniversary Summit,hi-monthly deputies meetings,and various Head-of- State visits •Referred to by National Security Advisor as his"Crisis Specialist and Special Projects Coordinator" Education Master of Arts,International Affairs/National Security Policy The George Washington University,Elliott School of International Affairs Concentrations in American Foreign&Defense Policy and Transnational Issues Bachelor of Arts,Political Science,Magna Cum Laude State University of New York at Buffalo Recipient,Best Undergraduate Paper Participant,Washington Internship Semester—U.S.Department of State Community Chairman and Founder,Aventura Marketing Council Law Committee Chairman's Roundtable Member,Aventura Marketing Council President,Highland Lakes/SkyLake Home Owner's Association Member,Florida Bar Grievance Committee,I I`h Circuit AMC Chair,Annual Law Day,North Dade Justice Center,2013 and 2014 Winner,Miami-Dade Commission Small Business Grant,2013 Member,Michael-Ann Russell ICC Security Committee Founding Member,Concierge Sports Advisors Founding Member,SUNY Buffalo South Florida Alumni Association Member,George Washington University Alumni Association,South Florida Member,Business Networking International,Miami Beach Strategic Regional Member,Florida Lawyer's Network Member,North Dade Bar Association Member,Florida Association of Licensed Investigators Member,Florida Association of Professional Investigators Graduate,Glass Leadership Institute,Anti-Defamation League Previous Executive Board Member,Miami Jewish Federation Network Previous member,Board of Directors,Temple Emanu-El,Miami Beach Volunteer/Wish Granter,Make-A-Wish Foundation of South Florida DocuSign Envelope ID CB343231-84A9-452B-B7F1-6C3103666113 PRIVATE INVESTIGATOR LAWRENCE GOULDfccCtncal Expertise • Business Development •Mr. Gould is the President of Lawrence A. Gould. P.A., a Private Radio Wireless Data Investigative Agency and co-founder, Executive Vice President of Lake • F 0-I-1 LocationTechnology Aerospace, Inc. Mr.Gould was the founder of Metroplex Mobile Data, Inc., • Aviation Technology which developed the first law enforcement wireless data computer system TSC4[(Technical Surveillance and MetroTrack,which developed Network Based Location Technology. Mr. C„untenneasures) Gould has been a Founder, Lead Partner, or Executive Officer, of multiple Industry Experience technology-based wireless communications companies including an industry leader in Public Safety Wireless Mobile Data Systems, automobile theft- • Public Safety&Intelligence tracking, and a manufacturer of radio signal intercept and location systems • Wireless Communications utilized by the intelligence and regulatory communities. The holder of . .- ,counting.Finance,Mgt. numerous issued patents in the field and also designed and was awarded Fdurati„n FAA STC's(Supplemental Type Certificates)on aircraft he modified for law enforcement&military intelligence. He has also served as a senior sales and • FBI Academy,U.S. Dept.of marketing executive with extensive experience in the wireless and public justice.Class of 79-2 safety sectors, Mr.Gould has also been the lead business development officer • Massachusetts State Police and to develop Corporate Strategic Alliances, Corporate Partnering, M&A, and the Federal Bureau of SEC compliant corporate funding, Mr. Gould served in the FBI as a Special IntiestigationComprehensive Agent and specialized in Technical Services. Mr. Gould also served with Criminal Investigation Program state and local police agencies as a law enforcement officer/investigator and • at.wechusetts State Police consultant. ,tvademy—Law Enforcement OtTiacrs Specialized Training Experience School Public Safety, Law Enforcement & Intelligence; Bentley Co:c o ring;Graduatew Courses:Accounting;Law Lawrence A.Gould,P A. Northcastem University,BSBA A.:tiounting,Law&Aviation Lawrence A. Gould P.A. (LAGPA) is a Licensed Private Investigation Technology Agency (Lie. A 1300290 Licensed to operate in Florida, California, tffitiatjons,awards,& Georgia, Louisiana, North Carolina, Oklahoma, Tennessee. Virginia, Certifications Colorado, Idaho, Mississippi, South Dakota, Wyoming, Alabama and • Alaska. Mr. Gould is a Board Accredited investigator. LAGPA conducts State of Florida Licensed investigations for the purpose of obtaining information with reference to any Private Investigator:C t300354 of the following matters: • FCC Commercial Radio Telephone License-Engineer (a)Crime or wrongs done or threatened against the United States or any state • A rtateur Radio: WAIJSG, or territory of the United States, when operating under express written Advanced Class(Formerly authority of the governmental official responsible for authorizing such ACMIJSG,Army MARS) investigation. • FAA Licensed Pilot (b) The identity, habits, conduct, movements. whereabouts, affiliations, American Radio Relay League associations, transactions, reputation, or character of any society, person, or ' • Florida Association of Private group of persons. Investigators(FAPI) (c)The credibility of witnesses or other persons. FAPI Boar1 Accredited 'estigatoe(BAI) (d) The whereabouts of missing persons, owners of unclaimed property or •escheated property,or heirs to estates. ssoctated Public Safety ;,.Communications Officers (c)The location or recovery of lost or stolen property. 4 gelation(APCO) (0 The causes and origin of, or responsibility for, fires, libels, slanders. • oxide Sheriff's Assn. losses, accidents,damage,or injuries to real or personal property. • ` Past Director,Caring Crew Inc.: Childrzn's Cancer Caring (g) The business of securing evidence to be used before investigating Center at Baptist Health South P.O.Box 630517,Miami, Florida 33163-0517,Tel.305-935-910 1,email: Larry,Gould®gmail.com Page I DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 committees or boards of award or arbitration or in the trial of civil or criminal cases and the preparation. Federal Bureau of Investigation, U.S.Department of Justice—Special Agent Responsibilities in various offices included investigations in: Organized crime, white collar, white house inquiries, fugitive matters, major theft, public corruption, bank robbery, bank fraud & embezzlement, extortion, kidnapping, homicide, hostage situations, terrorism, foreign counter intelligence,bombing and weapon matters. Also, Mr. Gould had charge of Research and Development, Special Operations Branch, New York Office and had undercover experience in various investigations. Middlesex County District Attorney's Office—Investigator,Organized Crime Strike Force, Massachusetts State Police,B.I.S. (Bureau of Investigative Services) Natick,MA, Police Department—Patrolman Westborough,MA,Police Department—Patrolman Management/Private Sector; Lake Aerospace, Inc. (A Delaware Corp.) Miami, Florida, Executive Vice President, Secretary,Treasurer(Current) In July 2009,Mr.Gould co-founded the establishment of Lake Aerospace Inc.as the acquisition company for Revo,Inc.,(Lake Aircraft)and its full line of amphibian aircrafts.Mr.Gould took the position of Vice President,Secretary and Treasurer, per the corporate structure in Delaware.As one of the two founders of the company, Mr. Gould conducted due diligence efforts supporting the $20 Million acquisition of Revo, Inc. to include the acquisition of all its assets such as manufacturing rights, intellectual property and tooling.He managed strategic alliance and partnership with first,second and third source venders as well as identified manufacturing assembly line work flow strategies that will significantly cut aircraft production time. Mr. Gould serves as developer of potential equity partners and coordinator of all legal issues incurred by the company. 'VSI &Partners Consulting,Inc.DBA Lake Aerospace—President,COO(2004-2009) VSIPC is a government affairs / security consulting firm that specialize in assisting U. S. friendly governments in identifying security related vulnerabilities and introduce solutions with human and technical assets. VSIPC also provides assistance for Signal Intelligence platform design and integration for a variety of aircrafts. VSIPC Transferred all intellectual property from Metrocom Communications, Inc. & MetroTrack, Inc to VSIPC on the designed, engineering and construction of the only C3I (command control communication and intelligence center) in operation in Latin America&the Caribbean located in Puerto Rico. The C3I is operated and maintained by the Puerto Rico Police Department and servers as command center for operations of all U.S. federal investigative and intelligence agencies throughout the region. VSIPC is a combat disabled veteran and minority owned business and a registered company with CCR-DOD and State Department. Metrocom Communications, Inc. & MetroTrack, Inc. — Founder, President, Chief Executive Officer,Director As the founder of METROCOM/MetroTrack, Mr. Gould contributed and assigned certain intellectual properties to the Company relating to wireless location, mobile data designs and an STC for aircraft design modifications from the FAA. As CEO and/or COO of multiple technologies based wireless corporations, he has been involved in several technology based start-up ventures, related private placement offerings and initial public offerings. He designed, engineered and system integrated a world- class Communications, Control and Command System for the National Crisis Management Center in Puerto Rico and has designed wireless E911 location based services determination equipment. Mr. Gould has filed for numerous U. S. and foreign Patents.The U.S.Patent and Trademark Office issued 4 patents and the Republic of China (ROC) in Thai Wan issued 3. He has been awarded several FCC licenses for P.O. Box 630517,Miami,Florida 33163-0517,Tel.305-935-9101,email:Larry.Gould@gmail.com Page 2 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 fixed and mobile government and private sector terrestrial microwave systems and has also received tower and building permits from the FAA to facilitate implementation of his network designs. Metroplex Mobile Data, Inc. — President, Chief Executive Officer, Chief Technology Officer,Director After 2 years at DPC, the original stockholders of GFTG negotiated a repurchase of the Company from Digital Products Corporation. Mr. Gould's responsibilities included formation of a system design and integration group that was also active in sales support. He was responsible for system design of wireless, wide-area,mobile data communications networks and for design and implementation of a state-of-the-art Law Enforcement, Civil Defense and Natural Disaster Crisis Command Center facility, including microwave video conferencing systems, passive InfraRed imaging arrays, gyro mounted video systems, and total statewide airborne video communication and surveillance solutions. Other responsibilities included marketing development of strategic accounts; and development of strategic alliances with radio companies such as Ericsson/GE and E.F. Johnson Company, software vendors for Computer Aided Dispatch and Records Management and other applications. Other responsibilities included design management and technical support, project management, RFP and Bid responses for many municipal, county and state Public Safety projects,advertising and public relations. Promoted to President/CEO in November 1994, Mr. Gould's new responsibilities included business plans; coordinating with legal and accounting professionals to meet SEC requirements for a Private Placement Memorandum under rule 504 and Underwriters for the future preparation of an Initial Public Offering; raising capital with qualified investors, handling negotiations with various broker dealers; and negotiating with other corporations looking for strategic alliance acquisitions, mergers or investment opportunities. DPC/Metroplex Mobile Data, Inc. — Executive Vice President, Chief Operating Officer, Director Digital Products Corporation, Inc. (DPC), a Public Corporation, acquired Gould - Ford Technologies Group, Inc. Mr.Gould's responsibilities included managing a group for design and integration of mobile computer systems; establishing standards for designing,manufacturing, documentation and integration. During this period additional units were installed and modifications made to the network at Martin County Florida Sheriff's Office; a system was implemented for Davie Florida Police Department; a system was designed for the City of Irving,Dallas County,Texas;and a 10,000-unit wide area network to cover a large South American country was designed and integrated. This system was to integrate DPC's wireless wrist bracelets used for home arrest programs with Metroplex wireless modems so that telephone systems would not be necessary. Software and hardware designs were developed to integrate both technologies. Gould-Ford Technologies Group, Inc. (GFTG) d/b/a Metroplex Mobile Data — Executive Vice President,Chief Operating Officer,Director Co-founded GFTG to develop and market a DFSK weak signal line of 4800, 9600 and 19200 bps modems. GFTG felt the need to develop higher efficiency protocols based on CCITT X.25 and X.121. Contention problems were enhanced with our Metroplex Full Duplex Digital Frame Regenerator, which utilized Digital Sense Multiple Access (DSMA). This led the way to increased channel efficiency and throughput. This system was installed in the Martin County Florida Sheriff's Office as our first implementation utilizing 9600 bps without any compression. Data encryption was added to the modem firmware. M.E.D.S.Electronics Corporation,Inc.—Co-Founder, Executive Vice President,Director Initial responsibilities were design and testing of first generation wireless mobile computers for Law Enforcement. Due to lack of available frequencies, a simplex 1200 bps MSK VHF MCT system was designed for the North Miami Beach Police Department. The FCC authorized this modulation technique between two adjacent active channels because of the narrow bandwidth. This was a successful P.O. Box 630517,Miami,Florida 3 3 1 63-05 1 7,Tel.305-935-9101,email:Larry.GouldCgmail.com Page 3 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 implementation that included network hardware and software development. Panama City Beach, FL was sold a full duplex repeating system on UHF frequencies. This system utilized the Departments Laptop Tandy 100 computers using the first report generator for incident/offense reports called PISTOL. M.E.D.S. integrated this computer and software into a complete Mobile Computer Terminal including car-to-car chat,mail,FCIC/NCIC interfaces. Security Data Systems,Inc.—Founder,President,Chief Executive Officer,Director Specialized in research and development of digital communications equipment, access control, alarm systems and vehicle location devices. Initiated numerous patent applications in the radio communications field, such as vehicle location systems, wireless remote control alarm systems for monitoring yachts and aircraft.Accomplishments included designs for Title III subminiature audio and video transmitters for law enforcement, telemetry systems for emergency medical personnel and security systems with integrated environmental control for residential and small business. Commendations; Director of the F.B.I.—Croatian Terrorist Investigation and Arrest,New York Office,F.B.I. Superintendent,Halifax,Nova Scotia,Canada Police Department—Apprehension of a fugitive wanted for murder and flight,Boston Office,F.B.I. Commendation by the citizens of Erie County, New York— Arrest and conviction of an extortionist, Buffalo Office,F.B.I. Commendation, Natick, Massachusetts Police Department and the Town Fathers, Apprehension of an Escaped Fugitive Murderer Issued Patents; Patent No.: US 6,947,755 B 1 dated Sep. 20,2005 Patent No.: US 6,934,548 B 1 dated Aug.23,2005 Patent No.: US 6,756,917 B2 dated June 29,2004 Patent No.: US 7,577,421 B2 dated Aug. 18,2009 Law Enforcement In-Service Specialized Training Schools; Municipal Investigators Course—80 Hours Massachusetts State Police Academy—Law Enforcement Officers Training School Comprehensive Criminal Investigative Program Crime Scene Search Program—80 Hours Massachusetts State Police Academy—Law Enforcement Officers Training School Comprehensive Criminal Investigative Program Advanced Investigative Techniques—40 Hours Massachusetts State Police Academy and the Federal Bureau of Investigation Law Enforcement Officers Training School Comprehensive Criminal Investigative Program Photography—40 Hours Massachusetts State Police Academy—Law Enforcement Officers Training School Comprehensive Criminal Investigative Program Advanced Photography—40 Hours P.O. Box 630517,Miami,Florida 33163-0517,Tel.305-935-9101,email:Larry.GouldCgmail.com Page 4 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Massachusetts State Police Academy—Law Enforcement Officers Training School Comprehensive Criminal Investigative Program Fingerprint Classification—40 Hours Massachusetts State Police Academy and the Federal Bureau of Investigation Law Enforcement Officers Training School Comprehensive Criminal Investigative Program Advanced Latent Fingerprint Techniques—40 Hours Massachusetts State Police Academy and the Federal Bureau of Investigation Law Enforcement Officers Training School Comprehensive Criminal Investigative Program Post Blast Bombing Investigations—40 Hours Massachusetts State Police Academy and the Federal Bureau of Investigation Law Enforcement Officers Training School Comprehensive Criminal Investigative Program Advanced Post Blast Bombing Investigations—40 Hours Massachusetts State Police Academy and the Federal Bureau of Investigation Law Enforcement Officers Training School Comprehensive Criminal Investigative Program P.O.Box 630517, Miami,Florida 33163-0517,Tel.305-935-9101,email: Larry.Gouldggmail.com Page 5 DocuSign Envelope ID CB343231-84A9-452B-B7F1-6C3103666113 PRIVATE INVESTIGATOR:MICHAEL K.ADELSTEIN 2731 Taft#406,Hollywood,FL 33020 954-483-0880 Madelstein007@gmail.com WORK EXPERIENCE Covert Affairs Investigations,Inc, Hollywood,FL 2012 to present President and Licensee in Charge • Full service Private Investigations Agency • Responsible for all aspects and management of a private detective and security business. • Investigate,report and close various cases utilizing: recorded and written statements,photography, covert video surveillance,identity theft,credit card fraud and computer based data searches. • Adhere to strict principles of ethics,professionalism and integrity while conducting investigations Hub Enterprises,Inc., Lafayette,LA 2009 to 2013 Field Investigator • Conduct mobile and static video in surveillances in Florida, for insurance defense • Top Producer for the Eastern region for:March,May and July 2010 • Second Top Producer Eastern region for June 2010,January and February 2013 Illinois Investigative Agency Inc., Chicago,IL 2005 to 2010 President and Licensee in Charge • Full service Private Detective and Security Agency • Responsible for all aspects and management of a private detective and security business. • Investigate,report and close various cases utilizing: recorded and written statements,photography, . covert video surveillance,identity theft,credit card fraud and computer based data searches. • Protect,people and property of clients in either a uniformed or plainclothes armed and unarmed capacity. • Adhere to strict principles of ethics,professionalism and integrity while conducting investigations Illinois State Licensed Private Detective(#115-001653),Chicago,IL 2002-2005 Sole-proprietorship • Responsible for all aspects and management of a private detective business. • Investigate report and close various cases utilizing: recorded and written statements,photography, covert video surveillance and computer based data searches. • Adhere to strict principles of ethics,professionalism and integrity while conducting investigations. TJ Maxx,Chicago,IL 1998-2002 Barnevs New York and Elek-Tek, Chicago,IL 1995-1997 Venture, Kansas City, KS 1994-1995 Asset Protection Investigator: • Initiated and conducted internal and external theft investigations. • Conducted credit card and merchandise refund fraud investigations. • Utilized and analyzed exception and audit reports,covert surveillances and camera installations to obtain confessions,prosecutions and employee terminations. • Testified at every level of the state court systems. DocuSign Envelope ID CB343231-84A9-452B-B7F1-6C3103666113 Crawford and Company-City of Chicago Claims Unit,Chicago,IL 1997-2000 Claims Investigations: • Responsible for the investigation,examination,evaluation and closure of property damage and personal injuries claims against the City of Chicago. • Conducted field investigative work,which included: interviewing both city personnel and the public by the use of recorded statements,subpoena service,photography and site visits. • Actively maintained a caseload of 150 files,while maintaining 100%closure ratio and a 100% monthly file compliance City of Blue Springs Police Department.Blue Springs,MO 1994-1995 City of Riverview Police Department,Riverview, MO 1993-1994 Police Officer(reserve): • Utilized a one-man unit to investigate crimes and provide police services. • Testified in all level of the state court systems. PROFESSIONAL LICENSES Florida Department of Agriculture and Consumer Services Class C Private Investigators License, #C1000062 Class A Private Detective Agency License,#A26000402 Illinois Department of Financial and Professional Regulations: Class A Private Detective License, # 115-001653 (inactive) Class B Private Security Contractors License,# 119-001081(inactive) Class 1 Private Detective Agency License,# 117-001261(inactive) Class 2 Private Security Contactors Agency License,# 122-00964inactive) CERTIFICATIONS AND TRAINING • Crawford and Company.Atlanta GA,Liability and Competency Certification, 1999 Wicklander—Zulawski&Associates,Chicago.IL Interview and Interrogation Techniques, 1997 St. Charles Law Enforcement Training Center. St.Charles,MO.Police officer Certification, 1993 EDUCATION University of Missouri-St.Louis,MO.M.A.Criminology and Criminal Justice, 1992 Northeast Missouri State University-Kirksville,MO. B.A. Criminal Justice, 1987 ADDITIONAL SKILLS Surveillance: • Experienced in the use of covert and non-covert surveillance methods: photography,in person on view,closed circuit television and hand held and hidden video surveillance. • Proficient at all levels of covert and non-covert surveillance: day,night and all weather conditions. • Own and utilize a surveillance van with tinted windows to accomplish surveillance assignments. Providing knowledge and proficiency in the following areas of responsibility: • Extensive experience in developing arranging,evaluating,and following up on various obligations in a timely and comprehensive manner • Skilled in the establishing rapport with colleagues,attorneys,police,clients and general public • Proficient in organizing daily activities and solving problems in a fast pace work environment Skilled in the use of Microsoft Office Suite DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 FINANCIAL CAPACITY DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 4111111& Supplier Qualifier Report CROSSROADS SDI, INC. Pent Entire Ration D-U-N-S® Number 96-599-181B r'7 Email►7apo+' Copynght 2016 Dun&Bradstreet-Provided under contract for me exclusive use of ®Save HTML Report subscriber 1001F0009 ATTN: CROSSROADS SDI, INC. Report Printed:MAR 09 2035 In Date r y Overview o t rd'jrr?�'S a •OVERVIEW BUSINESS INFORMATION a About Business Information "Business Information Q&8 PAYDEXS CROSSROADS SDI,INC. ▪Summary Analysis CROSSROADS INVESTIGATIONS 8,Risk Score Analysis CROSSROADS INVESTIGATIONS Probability of Ceased 1835 Ne Miami Gardens Dr., Ste 547 Ooerations.'Becoming Moved From: 1521 Alton Rd Ste 94, Miami Beach, Fl inactive North Miami Beach, FL 33179 'Diversity •Special Events This is a single location •Customer Service p-U-N-SU 96 599 1818 Number; HISTORY&OPERATIONS Telephone: 305 929-3513 History Business Registration Chief executive: MARC HURWITZ, PRINCIPAL Operations 0 D&B Rating: PRODUCTS&SERVICES Year started: 2010 .Jump to: Summary UNSPSc Analysis NAICS Employs: 1 Section Ail amounts are displayed in local currency. kz3 D&B Supplier PAYMENTS Risk; PAY x Gross revenue: 75,000(Proj) Payment Summary History: INCOMPLETE SUPPLIER EVALUATION RISK (SER) RATING Payment DetailsFOR THIS FIRM:5 Payment Trends ,Jump to: Finance Section V FINANCE 9 8 7 B 5 4 3 2 1 Finance PUBLIC FILINGS High Medium Low Government Activity D&B PAYDEX® Q About 0&B PAYOEX'0. D&B PAYDEX: 80 D&B PAYDEX Key When weighted by dollar amount, payments to suppliers average generally within terms. I High risk of late payment (average 30 to 120 days beyond terms) o 0 too 0 Medium risk of late payment (average 30 days or less beyond terms) 170 days elmm 70 days MOW Ptoa, i Anticipates I Low risk of late payment (average prompt to 30+days sooner) Based on up to 24 months of trade. .Jump to: Payments Section (� p&B Score Interpretation Table SUMMARY ANALYSIS Q About Summary Analysis G D&B Rating;-- The blank rating symbol should not be interpreted as Indicating that credit should be denied. It simply means that the information available to D&B does not permit us to classify the company within our rating key and that further enquiry should be made before reaching a decision. Some reasons for using a"-" symbol Include: deficit net worth, bankruptcy proceedings, insufficient payment information, or incomplete history information. For more information, see the D&B Rating Key. Below is an overview of the company's rating history since 03/08;16: DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 D&B Rating Date Applied 03/OP/16 The Summary Analysis section reflects information in D&B's file as of March 8, 2016. RISK SCORE ANALYSIS d About Risk Score Analysis SER COMMENTARY: - Higher risk industry based on inactive rate for this industry. - Limited time under present management control. - Limited business activity signals reported in the past 12 months. PROBABILITY OF CEASED OPERATIONS/BECOMING INACTIVE SUPPLIER EVALUATION RISK RATING: 5 The probability of ceased operations/becoming inactive indicates what percent of U.S. businesses is expected to cease operations or become inactive over next 12 months. Probability of Supplier Ceased Operations/Becoming Inactive : 5.4 o/o (540 PER 10,000) Percentage of US business with same SER 18% (1,800 PER 10,000) score Average Probability of Supplier Ceased Operations/Becoming Inactive ; 0.48 o/o (48 PER 10,000) -Average of Businesses in D&B's Supplier Database CREDIT DELINQUENCY SCORE: 493 DIVERSITY 0 About Diversity Minority Owned Business: N/A Historically Underutilized Business: N/A Women-Owned Business: N/A Veteran Owned Business: N/A Disadvantaged Business Enterprise: N/A Vietnam Veteran Business: N/A Small Disadvantaged Business: N/A Disabled Owned Business: N/A HUB-Zoned Certified Business: N/A Historical College Classification: N/A SBA 8(a) Certified: N/AYES Labor surplus area: N/A Small Business: (20 (2016) SPECIAL EVENTS Q About Special Events 03/08/2016 Business address has changed from 1521 Alton Rd Ste 94, Miami Beach, FL, 33139 to 1835 Ne Miami Gardens Dr., Ste 547, N. Miami Beach, FL, 33179. CUSTOMER SERVICE If you have questions about this report, please call our Customer Resource Center at 1,800,234.3867 from anywhere within the U.S. If you are outside the U.S. contact your local D&B office. *** Additional Decision Support Available *** Additional D&B products, monitoring services and specialized investigations are available to help you evaluate this company or its industry. Call Dun&Bradstreet's Customer Resource Center at 1.800.234.3867 from anywhere within the U.S. or visit our website at www.dnb.com. Overview History&operations Products&Services moments Finance Public Filings Print Entire Report Email Report Save HTML Report Order an Investigation DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Detail by bnnty Name Page 1 of 2 FLORIDA DEPARTMENT OF STATE DIVISION OF CORPORATIONS 5 nkz Detail by Entity Name Florida Profit Corporation CROSSROADS SDI, INC. Filing Information Document Number P08000089739 FEI/EIN Number 26-3462920 Date Filed 10/01/2008 State FL Status ACTIVE Last Event CANCEL ADM DISS/REV Event Date Filed 11/04/2009 Event Effective Date NONE Principal Address 1835 NE MIAMI GARDENS DRIVE SUITE 547 NORTH MIAMI BEACH, FL 33179 Changed: 01/06/2012 Mailing Address 1835 NE MIAMI GARDENS DRIVE SUITE 547 NORTH MIAMI BEACH, FL 33179 Changed: 01/06/2012 Registered Agent Name& Address Silverio, Brian Silverio& Hall, P.A. 255 8th Street South Naples, FL 34102 Name Changed: 01/17/2013 Address Changed: 09/08/2015 Officer/Director Detail Name & Address Title PST http://search_sunbiz.org/lnquiry/CorparationSearch/SearchResultDetail`'inquirytype=Entity... 9/6/2016 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 vetail by Lntity Name Page 2 of 2 HURWITZ, MARC 1 1835 NE Miami Gardens Drive Suite 547 North Miami Beach, FL 33179 Annual Reports Report Year Filed Date 2015 01/06/2015 2015 09/08/2015 2016 01/25/2016 Document Images 01/25/2016--ANNUAL REPORT View image in PDF format 09/08/2015 --AMENDED ANNUAL REPORT View image in PDF format 01/06/2015 --ANNUAL REPORT View image in PDF format 02/10/2014--ANNUAL REPORT View image in PDF format 01/17/2013 --ANNUAL REPORT View image in PDF format 03/30/2012 --ANNUAL REPORT View image in PDF format 01/06/2012 --ANNUAL REPORT View image in PDF format 11/18/2011 --Reg. Agent Change View image in PDF format 02/24/2011 --ANNUAL REPORT View image in PDF format 03/08/2010--ANNUAL REPORT View image in PDF format 12/14/2009 --ADDRESS CHANGE View image in PDF format 11/04/2009 --REINSTATEMENT View image in PDF format 10/01/2008 —Domestic Profit View image in PDF format yCo�vrlaht7 and Privacy Policies State of Florida,Department of State http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 9/6/2016 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 w ww.sunotz,org - uepartment of Mate Page 1 of I FLORIDA DEPARTMENT OE STATE DivISIoN OF CORPORATIONS • Home Contact Us E-Filing Services Document Searches Forms Help Previous on L.st Next on List Return to List Fictitious Name Search Filing History Submit Fictitious Name Detail Fictitious Name CROSSROADS INVESTIGATIONS Filing Information Registration Number G11000057250 Status ACTIVE Filed Date 06/10/2011 Expiration Date 12/31/2021 Current Owners 1 County MIAMI-DADE Total Pages 3 Events Filed 2 FEI/EIN Number 26-3462920 Mailing Address 1835 N.E.MIAMI GARDENS DRIVE SUITE#547 NORTH MIAMI BEACH,FL 33179 Owner Information CROSSROADS SDI, INC. 1835 N.E. MIAMI GARDENS DRIVE, STE.#547 NORTH MIAMI BEACH,FL 33179 FEI/EIN Number: 26-3462920 Document Number: P08000089739 Document Images 06/10/2011 --Fictitious Name Filing View image in PDF format 08/03/2016--Fictitious Name Renewal Filing View image in PDF format 11/16/2011 —CHANGE NAME/ADDRESS View image in PDF format Previous on List Next on List Return to List Fictitious Name Search Filing History Submit y Home I Contact PI I Document Searche@ e-FiI,a Ser :ee I Forml I Help I Cooennh(g+and Privacy Pollctej, State or Florda,Department of State http://www.sunbiz.org/scripts/ficidet.exe`?action=DETREG&docnum=G 1 100005 7250&rdo... 9/6/2016 1 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 ATTACHMENT D INSURANCE REQUIRMENTS DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 APPENDIX E MIAM 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 2016-057-WG 2Y DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 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. Ccmprehensive 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 Professional Services Agreement ("Agreement") is entered into this 22 day of September , 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 DocuSign Envelope ID: CB343231-84A9-452B-B7F1-6C3103666113 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 Servces 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'' 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 6.1 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 invcluntary 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 ariser 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. ALtomobile 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals. whicr 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 editior of Best's Insurance Guide, published by A.M. Best Company, Gldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. SECTION 7 LITIGATION JURISDICTIONNENUE/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 oreach 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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, andior 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 informatior 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 righ: 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 tie 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, aisability, 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 Divis on 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, 4`r' 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 :he 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 purposes 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 officia 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 wth 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 BEAC- LORIDA ; ATTEST: 71.1 ' By: City Clerk May.,. Date: Si 224 1'o f • _ �1 FOR CONSULTANT: DIGISTREAM SOUTH FLORIDA, INC. ATTEST: y: 1)014 _ Secrets Preside m 1 al/1ELom, sT Will AVIV 69401— Print Name Print Name/Title Date: 41 r 2-oI i 6 ' er,„ J G APPROVED AS TO FORM &XECUTIONE &FO 1 City Attorney 10 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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) Ad;tasting 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. 1 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 EXHIBIT B—VENDOR COMPENSATION SERVICE PORTFOLIO SURVEILLANCE RATES FULL DAY 41095 or 511arr HALF DAY 5695 SPOT CHECK S325 FLAT RATES INCLUDE: INTELLIGENCE RATES SOCIALPRO PLUS $595 GEOSOCIAL SWEEP 5895 MEDICAL SWEEP S250 per 15 facilities searched DYNAMIC RESEARCH 5125 per hour FIELD INVESTIGATIONS S95 per hour;50.60 per mile • Digi• Stream Di 'h: ._ . ',T, 8:90. :7• DiaiStream.com 1 1,1 ?IONS 5 COMPENSATION SUPPLEMENTAL INFORMATION: • Full Day : Between 8 to 12 hours on-site • Half Day: Between 4 to 6 hours on-site 12 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 dib/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. Divis on Director Risk 8 Benefits, Human Resources Department • Jose Del Risco, Human Resources Assistant Director, Human Resources Department • Emornotimi Brisibe, Senior Assistant City Attorney, Office of the City Attorney The following Alternate was also appointed. • Rafael Granada, 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 cf the RFQ; and WHEREAS, the Committee was instructed to score and rank the proposals pursuant to the evaluator cnteria 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 4' 2016 ATTEST: �8 5 27 Icy RAF L E. NADO, C CLERK IM�CRF t.)i P#1 IP L EVVIINNEE, MAYOR . (j 9cN 26"1\ APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION G City Alt y it Dote TAAGENOA12016114aylProcwementlRFQ 2016-057-WG Investigations\RFQ 2016-057-WG Investigations-RESO,doc DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 .. ...„.COMMISSION ITF_M UIMMARY 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 SummarylRecommendation: The Administtaton issued RFQ 2016-J57-V1G 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, 2015. On April 1,2016.the City received statements of qualifications from Crossroads SDI,Inc.,DigiStream Souti Florida, Inc.,Proven Investigations. LLC,VRP Group, Inc. DBA Regius.and Gicrdano 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 21,2015 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 oudgeting process. Source of k Amount Account Funds: I 1 I 2 I Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Alex Denis, Extension 6641 Sign-Offs: De artm t Di o I Assistan • '� •nager J- City M a er SC- MT A, JLN l� MIAMI BEACH AGENDA ITEM G7r/ DATE DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 G 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 t 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. OBA 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: DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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. . _ - :..':; Evalr atioeT:Critaria ?1,4:" =4.'x > .? .i -1,;. "af c:irtsb4hs 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*2018-057-WG for en I f Investigation.Background, 055 o Adjustirg and Surveillance of o, m H Selected Tort Liability Claims, v F LOW Workers'Compensation Claims m` o p AGGRE and other Employment Related E 5 m GATE Matters ° Rankin w r °g Ranking !Ranking TOTALS Crossroads SDI, Inc. I 70 3 79 2 90 2 7 1 3 DigiStream South Florida,Inc. f 85 1 85 1 1 85 . 3 5 1 Proven Investigations,LLC L 75 2 I 77 3 .. 93 1 6 2 1 VRP Group, Inc.dba Regius 45 4 76 I 4 75 I 4 12 4 I ;Veterans Preference Maximum Veterans Allowable Total Points Proposer Preference Points Awarded' 'Crossroads SDI•Inc. 0 5 0 DigiStream South Florida,Inc. 1 0 I 5 0 'Proven Investigations,LLC i 0 i 5 0 (VRP Group,Inc.dba Regius 0 i 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. • DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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_DnveWGENDA\20166May‘Proc,renent`RFo 2016-057-WG Investtgations',RFQ 2016-057-WG Investigations•Memoa.Coc DocuSign Envelope ID CB343231-84A9-452B-B7F1-6C3103666113 ATTACHMENT B REQUEST FOR QUALIFICATIONS (RFQ) AND ADDENDUMS DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 MIAMI BEACH 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. 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 compensatior 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. 06) 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 MIAMI BEACH City of Miami Beach, 1755 Meridian Avenue, 3' 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) Wha: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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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? All) 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. 012) 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, lairs Alex Denis Procurement Director 2 DocuSign Envelope ID CB343231-84A9-452B-B7F1-6C3103666113 REQ „ EST FOR QALtflCATIO\S ( 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: frA MIAMIBEACH William Garviso, Procurement Contracting Officer II PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3'a Floor, Miami Beach, FL 33139 305.673.7000 x6650 1 www.miamibeachfl.gov DocuSign Envelope ID CB343231-84A9-452B-B7F1-6C3103666113 MIAM'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 8 '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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 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 complerrentary 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 oublicourchase.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 th,s 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 l@ 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 wiiliamgarviso(@rriamibeachf.gov dditionally, tie City Clerk is to be copied on all communications via e-mail at: RafaelGranado a(�miamibeachfi.gov; •r via facsimile: 786-394-4188. 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 f FAM BEACH 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 recommerded as a source of information, but is not mandatory. Proposers interested in partic pating 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 resporses 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 renderng 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 rafaelaranado(amiamibeachfl.gov C� 2016-O5/-W( DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 m 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,gov/procurement/scroll.asox?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 tc 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 adept 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. '��Q 2O16-05/-WG 5 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 M. ,^AI BEACH 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. 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 recuest 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, -eputation,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 Con-mission shall consider the Ci:y Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select ancther 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 ar Agreement has been agreed to; approved by the City;and executed by the parties. k}-Q 2016-05/-WG 5 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 m► MIAMIBEACH 21. Postponement/Cancellation/Acceptance/Resection. 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 histoy 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 ;he 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 wit.) Purchase Order format. kFC� 2O16-O5/-WG 7 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 m MtAM I BEAC H 29. COPYRIGHT, PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and is 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 well 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 insurarce, 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 his 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. '��Q 2016-057-WG 8 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 tie 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 solicitaticn,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 attorneys 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 attomey'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. k1-O 2O16-03/-WG 9 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 Im MIAMI BEACH 41. CONTRACT EXTENSION. The City reserves the right to require :he 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 aw; (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 Federa.. 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 I: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)wno 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:en (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). ri-C) 2O16-05/-WG DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 V.I,AAA!BEACH 48. ACCEPTANCE OF GIFTS, FAVORS,SERVICES. Proposers shall not offer any gratuities, favors, or anything of monetary va ue 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 ���Q 2016-O5/-WG DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 m MIAMBEACH 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 infcrmation 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. 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. Experience&Qualifications 2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firms 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: projectscope 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 fcllowing 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 493.3201, 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. RFC, 2016-057-WG ! 2 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 MIAM 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: httpsalsuoolierportal.dnb.comlwebapplwcslstoresfserrletlSuoolierPortal?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-consulta-its) 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). RFO 2016-037-WG 13 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 MIAMIBEACH 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 fork in the solicitation. If further information is desired, Proposals may be requested to make additional written submissions of a clarifying rature 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 orly 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 R-•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-Quantitative Criteria Veterans Preference 5 TOTAL AVAILABLE STEP 2 POINTS 5 RFQ 2016-057-WG I c DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 MIAM!BEACH 4. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be addec to each evaluation committee members 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 Pcints 22 15 12 Committee Total 104 91 92 Member 1 Rank 1 3 2 Step 1 Points 79 85 72 Step 2 Points 22 15 12 Committee Total 101 100 84 Member 2 Rank 1 2 3 Step 1 Points 80 74 66 Step 2 Points 22 15 12 Committee Total 102 89 78 Member 2 Rank 1 2 3 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. C 20l6-05/-WG I.3 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 APPENDIX A MAMBEACH 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 2O 1 b-057-WG DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 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: Erna: William Garviso,CPPB 305 673-7000#6650 williamgarviso@miamibeachfl.gov STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE Sr REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposals of certain solicitatioi 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 Busness: No of Years in Bootless 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,app•icable licensure,resumes of relevant individuals,client information,financial information,or any informaticn the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements. kFC� 2O16-0.5/-WC; 17 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 Veteran Owned Business.Is Pro oser claimin 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 simila-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;a-ny-p_�ublic sector agency? YES I I 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 Campaigr 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 n solicitation For each individual or entity with a controlling financial Interest indicate whether or rot 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. Code of Business Ethics.Pursuant to City Resolution No.2000-23879.eaci person or entity that seeks to do ousiness 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 ail 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 firms Code of Business Ethics In lieu of submitting Code of Business Ethics. Proposer may submit a statement ndicating that it will adopt,as required in the ordinance.the City of Miami Beach Code of Ethics,available at www miamibeachfl.gov/procuremend. '&(Y2016-05/-WG t s DocuSign Envelope ID CB343231-84A9-452B-B7F1-6C3103666113 J 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 fu l time employees on their payrolls during 20 or more calencar 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 al 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 :he 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 Pease check all benefits that apply to your answers above and list n 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 Pi-m Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave I 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/procurementl. KK3) 2016-057-WG I DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 Inibal to Confirm Recaps 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 addendurr is required,submit under separate cover =Q 201 6-057-WG 20 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 Qjalifications 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 :o 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 responcs 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 ou:of this solicitation, or any response thereto.or any action or inaction by the City with respect thereto such liability shall be limited to S10.000 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 liabi ity 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 o this Disclosure and Disclaimer shall always govern.. The solicitation and any disputes ansing from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. RFQ 2016-057-WG 2 I DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer , am submitt,ng 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 paly 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 Proposers authonzed Representative Title of Pr000ser s Authorzed Representative Signature of Proposers 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: 1FQ 2016-057-WG 22 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 APPENDIX B MAMBEACH " 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: It 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. R=Q 2016-O57-WG 23 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 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 RcQ 201 605/-WG 2 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 APPENDIX C m MIAM BEACH Minimum Requirements & Specifications RFQ 201 6-057-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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 Investigators)*. 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 20 T 6-057-WG 26 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 APPENDIX D M_ MAM BEACH Special Conditions 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 continuat.on is clearly in the best interest of the City. RFQ 2016-057 WG 28 DocuSign Envelope ID.CB343231-84A9-452B-B7F1-6C3103666113 APPENDIX E MAMIBEACH 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 L`; DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 MIAMI BEACH 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 Boid $ .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 DocuSign Envelope ID CB343231-84A9-452B-B7F1-6C3103666113 ATTACHMENT C CONSULTANTS RESPONSE TO THE ( RFQ) DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 0 DigiStreaTm 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 DigiStream IN VIST 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Digi ° , ; ,N 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, Michael Damast Manager DigiStream Investigations (917)474-8687 Page 2 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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: 15 No of Years in Business Locally: No of Employees 3 5 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: FL ZIP CODE. 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. 12FQ 201 6-057-WG 17 Page 3 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 t. 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 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 proposallresponse 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/procurement/. RFQ 201 6-057-WG 18 Page 4 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 0 camo(in a particular yoar). 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/procurementl. RFQ 2016-057-WG 19 Page 5 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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. RFQ 2016-057-LNG 20 Page 6 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 2016-05/-WQ 21 Page 7 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 PROPOSER CERTIFIC4-1O`I 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.exibits 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 solici:ation 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 al 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. game of°raseser s Au ncnzed Rucresentauve: Tate of Fruposer s Authonzeri Reo osen4dve Michael Damasi General Manager Signature of s sutcr=ze'i Rap nsentabve } Uve lilidee; t>AALACi7( 30(211 (2 S:ate of FC- } On this liday of fall,2Oj1Jpersona } appeared before me 1i t 1 f i kvho County of 1(Qfrxll`c1 ) stated that (s)he is the ttt11U(t1 ITY�IYY J( of (�r�,rmm 9�c , 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�re me: } Notary Public for the State of F L My Commission Expires:Jirl 12 9 2Ol G misoNA Row "'�. ?; NYcotoSSSON FF 223747 EXPIQES:ApN 2 u r,.. 19 i Ti� k �II��i 117'J�1t7"3'? L��1CM'Mi!'1 PFa 2Ol 'JAJ�, Page 8 0 0 0 ci KT r�_:t�~� (�aa�y,, �� '''�,`'',1�\.'�`r. > .1 `°J ` " :3., 's -yS--�t TAT" %.1- � .t = ��. 416:A0a11. M L:41.;.'L� at •,. , ..} `. f X v. . .~ u,;,t,', Pr t ,si 'r' ;-9 I �y '")' I�I ARIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES 4 q ,, 'i. ADAM II.PUTNAM `.1 w #' , COMMISSIONER ;. W > '" . DIVISION OF LICENSING .' ' 7` (` SH'''' 11/23/1503/02/19 DATE OF EXPIRATION A 2$00358 tIff DATE ISSUED LICENSE NUMBER , N 4I4' '44144 41i) ' '4 W DIGISTREAM SOUTH FLORIDA INC . •. 'is; W '.;�,� 1806 N. FLAMINGO ROAD O1 ROOM #313 ,..' PEMBROKE PINES, FL 33028 w {�, AARONSON,WILLIAM, PRESIDENT -4 i.� S. f t 1. , v+ :' *44 t l ry. 4 . 4 7 318 t+ .- THE PRIVATE INVESTIGATIVE AGENCY NAMED ABOVE IS LICENSED AND REGULATED UNDER THE , .,, s;" 6111" PROVISIONS OF CHAPTER 493, FLORIDA STATUTES. lb 40 . - 4.40 0,...,0, . ‘,:,,,e, .' C. ;" elitg#444."1 ‘ •141.•".!1;. )43' ' +h. 1 1i}', , _t ADAM II. PUTNAM ��/ COMMISSIONER " DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 LIND DigiStrMIVe irp Minimum Qualifications Requirements Private Investigations Manager PRIVATE INVESTIGATOR LICENSE STATE OF FLORIDA C 1300160 w., ' DAJviAST, MICHAE . S -''•. tek . 06112i86 M , 0Sr/5(16 _ 10i02117 ipm s A c*u k idi��'i D vis cn of . d in accotda tcs Oak floods Scala/cos y y ADAM H. PUTNAM COMMISSIONER Page 10 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 `) Digitream• Minimum Qualifications Requirements Private Investigator PRIVATE INVESTIGATOR INTERN LICENSE STATE OF FLORIDA '+SE 14F.1trac CC1500325 PIEPIII TER, SCO E'T M ro. _. Mai W L , 02/05/18 • • by the Dspattment ute it Cottsy� Divisia,of Lac.nsing 'CO > Claike • statutes ADAM H. PUTNAM COMMISSIONER DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 DigiStream IONS 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 cry) Dig iStrINVeam IGATIONS 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 DigiStream 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 DigiStrearn 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 crr) DigiStrearm 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 DigiStrIN eam 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.Atypical 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 DigiStream TIONS 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 DigiStreat GATIONS • 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 DigiStream 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 to identify notable information that would assist surveillance efforts. 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 DocuSign Envelope ID CB343231-84A9-452B-B7F1-6C3103666113 DigiStream 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 2' DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 (-;-) DigiStream IGATIONS 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-DOI 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 cs) DigiStre„am GATIONS 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Licr--) DigiStream 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 DigiStream 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 staffs 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 DigiStreaTm 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 DocuSign Envelope ID.CB343231-84A9-452B-B7F1-6C3103666113 DigiStream VESTIGAti ONS 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 DigiStre rm Garrett McGinn 4200 San Jeronimo Terrace, Davis, CA 95618-gmcginn@DigiStream.com-510.332.3751 Education: Uniwersytet Jagiellomski 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 DigiStreaTm Paul J.Supal P.O.Box 175 Marlton,New Jersey 08053 609-468-0733 psupal(a,DigiStream.com DigiStream Mid-Atlantic,LLC—112006 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,and 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 () DigiStream 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: CTLC/Bao'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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 La--) eaIN IONS Shannon Sigler slsigler@ucdavis.edu 1707-407-7495 1313 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 II 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Ls) DigiStreaINVEV, m TIONS 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 co.') DigiStream 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 e DigiStreatm 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 `) DigiStream KEVINBENZIE 411 14th St. Sacramento, CA 958141805.708.6089lbenzie@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 intemet 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 `) DigiS#rearm 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 DigiStreatm 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 (04 I ) DigiStrearn ESTGTOnS 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 L) Dig iStrea7m Michael S.Damast 9950 Sheridan Street apt.203 I Pembroke Pines I FL 133024 Cell:(917)474-8687-mdamast@DigiStream.com PROFESSIONAL EXPERIENCE 10/13—Present DieStream South Florida Inc. Pembroke Pines,FL • General Manager of operations in DigiStream's Florida affiliate specializing in workers'compensation and liability fraud. 2/09—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. 8/08—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 Iroauois 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—5/07 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. EDITINGIVIDEOGRAPHY 2/10—5/10 Living Kumbh Mela Documentary Independent Feature Film,Directed/Produced by Sky Gewant,(845)380-6278/sgewant@gmail.com 4/07—7/07 Rewind Symphony Trailer Bocce Club Pictures,Justin Pandolfino,(917)763-3215 11106—12/06 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 DigiStream 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,CC 1500325 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 DigiStrin ea IG tIONS 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. 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 DigiStream 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 `) Dig iStream 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 Detail by Lntity Name Page 1 of 3 FLORIDA DEPARTMENT OF STATE DIVISION OF CORPORATIONS .1N � 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... 9/6/2016 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 vetaii Dy r.nuty iName 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://se arch.sunbiz.org/Inquiry/CorporationSearch/Searc hResultDetail?inq uirytype=Entity... 9/6/2016 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 uetaii oy tnnry ivame Page 3 of 3 Coovright m and Privacy Policieg State of Florida,Department of State http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 9/6/2016 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 ATTACHMENT D INSURANCE REQUIRMENTS DocuSign Envelope ID CB343231-84A9-452B-B7F1-6C3103666113 APPENDIX E 1-1) MIAMBEACH 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 RFC. 2016057 WG 20 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 MIAMI BEACH 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-$1,000,000 each occurrence-ownedrnon-ownedlhired automobiles included 4, Excess Liability-$ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the lability 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. 12FQ 201 o-057-WO :;() DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 MIAM BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: 0100 INSTRUCTIONS TO RESPONDENTS 0200 GENERAL CONDITIONS 0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT 0400 PROPOSAL EVALUATION APPENDICES: APPENDIX A SPECIAL CONDITIONS APPENDIX B SAMPLE CONTRACT APPENDIX C INSURANCE REQUIREMENTS DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 MIAMI BEACH SECTION 0100 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 Proposers to submit proposals for the City's consideration in evaluating qualifications to select a firm with whom it may negotiate an agreement for the purpose noted herein. The City utilizes Periscope S2G (formally known as BidSync) (www.periscopeholdings.com or www.bidsync.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 Periscope S2G must register immediately with Periscope S2G to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal submitted. 2. BACKGROUND. On May 11, 2016, the Mayor and City Commission awarded RFQ No. 2016-057-WG for investigating claims, backgrounds, adjusting and surveillance of selected tort liability claims, workers' compensation claims in other employment related matters. The contract was issued to three vendors for a two-year period with three one-year options that were exercised by the City. 3. 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. 4. 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, which may include recorded statements of claimants and witnesses. • Conduct medical, criminal, civil sweeps, record retrieval and social media sweeps that may include geo- fencing. • Provide written reports with appropriate documentation at the conclusion of each assignment to the Human Resources Department/Risk Management Division. 5.ANTICIPATED RFQ TIMETABLE.The tentative schedule for this solicitation is as follows: RFQ Issued October 15, 2021 Pre-Proposal Meeting October 26, 2021 @ 10:00AM EST Deadline for Receipt of Questions November 3, 2021 @ 5:00PM EST Responses Due November 12, 2021 @ 3:00PM EST Evaluation Committee Review TBD Proposer Presentations TBD(if Applicable) Tentative Commission Approval Authorizing TBD DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 MIAMI BEACH Negotiations Contract Negotiations Following Commission Approval 6. 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, CPP 305 673-7490 WilliamGarviso• miamibeachfl.•ov dditionally, the City Clerk is to be cosied on all communications via e-mail at: RafaelGranado • miamibeachfl.•ov: •r via facsimile: 786-394-4188. The Proposal 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 0100-4. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 7. 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. Attendance for the pre-proposal meeting shall be via telephone and recommended as a source of information but is not mandatory. Proposers interested in participating in the Pre-Proposal Meeting must follow these steps: (1) Dial the TELEPHONE NUMBER: +1 786-636-1480 (2) Enter the MEETING NUMBER: 925 680 556# Proposers who are participating via telephone should send an e-mail to the contact person listed in this RFQ expressing their intent to participate via telephone. 8. 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 Periscope S2G. Any prospective proposer who has received this RFQ by any means other than through Periscope S2G must register immediately with Periscope S2G 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. 9. 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 rafaelqranadomiamibeachfl.gov 10. ADDITIONAL INFORMATION OR CLARIFICATION. After proposal submittal, the City reserves the right to require additional information from Proposers (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). DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 MIAMI BEACH 11. 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. 12. DETERMINATION OF AWARD. The City Manager may appoint an evaluation committee to assist in the evaluation of proposals received. The evaluation committee is advisory only to the city manager. The city manager may consider the information provided by the evaluation committee process and/or may utilize other information deemed relevant. The City Manager's recommendation need not be consistent with the information provided by the evaluation committee process 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 Manager 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 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. 13. 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. 14. E-VERIFY. As a contractor you are obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." Therefore, you shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 15. PERISCOPE S2G (FORMALLY BIDSYNC). The Procurement Department utilizes Periscope S2G, Supplier-to- Government electronic bidding (e-Bid) platform. If you would like to be notified of available competitive solicitations released by the City you must register and complete your vendor qualifications through Periscope S2G, Supplier-to- Government www.bidsync.com/Miami-Beach. Registration is easy and will only take a few minutes. For detailed instructions on how to register, complete vendor qualifications and submit electronic bids visit https://www.miamibeachfl.gov/city-hall/procurement/for-approval-how-to-become-a-vendor/. Should you have any questions regarding this system or registration, please visit the above link or contact Periscope S2G, Supplier-to-Government at supportbidsync.com or 800.990.9339, option 1, option 1. DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 MIAMI BEACH 16. HOW TO MANAGE OR CREATE A VENDOR PROFILE ON VENDOR SELF SERVICE (VSS). In addition to registering with Periscope S2G, the City encourages vendors to register with our online Vendor Self- Service web page, allowing City vendors to easily update contacts, attachments (W-9), and commodity information. The Vendor Self-Service (VSS) webpage (https://selfservice.miamibeachfl.gov/vss/Vendors/default.aspx) will also provide you with purchase orders and payment information. Should you have any questions and/or comments, do not hesitate to submit them to vendorsupport(u)miamibeachfl.gov 17. SUPPLIER DIVERSITY. In an effort to increase the number and diversity of supplier options in the procurement of goods and services, the City has established a registry of LGBT-owned businesses, as certified by the National LGBT Chamber of Commerce (NGLCC) and small and disadvantaged businesses, as certified by Miami-Dade County. See authorizing resolutions here. If your company is certified as an LGBT-owned business by NGLCC, or as a small or disadvantaged business by Miami-Dade County, click on the link below to be added to the City's supplier registry (Vendor Self-Service) and bid system (Periscope S2G, Supplier-to-Government). These are two different systems and it is important that you register for both. Click to see acceptable certification and to register: https://www.miamibeachfl.gov/city-hall/procurement/how-to- become-a-vendor/. Balance of Page Intentionally Left Blank DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 MIAMI BEACH SECTION 0200 GENERAL CONDITIONS TERMS & CONDITIONS —SERVICES. By virtue of submitting a proposal in response to this solicitation, proposer agrees to be bound by and in compliance with the Terms and Conditions for Services (version dated April 3, 2020), incorporated herein, which may be found at the following link: https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/ Balance of Page Intentionally Left Blank DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 MIAMI BEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. ELECTRONIC RESPONSES (ONLY). Proposals must be submitted electronically through Periscope S2G (formerly BidSync) on or before the date and time indicated. Hard copy proposals or proposals received through email or facsimile are not acceptable and will be rejected. A proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal until the deadline for proposal submittals. The City will only consider the latest version of the bid. Electronic proposal submissions may require the uploading of attachments. All documents should be attached as separate files in accordance with the instructions included in Section 4, below. Attachments containing embedded documents or proprietary file extensions are prohibited. It is the Bidder's responsibility to assure that its bid, including all attachments, is uploaded successfully. Only proposal submittals received, and time stamped by Periscope S2G (formerly BidSync) prior to the proposal submittal deadline shall be accepted as timely submitted. Late bids cannot be submitted and will not be accepted. Bidders are cautioned to allow sufficient time for the submittal of bids and uploading of attachments. Any technical issues must be submitted to Periscope S2G (formerly BidSync) by contacting (800) 990-9339 (toll free) or S2G@periscopeholdinqs.com. The City cannot assist with technical issues regarding submittals and will in no way be responsible for delays caused by any technical or other issue. It is the sole responsibility of each Bidder to ensure its proposal is successfully submitted in BidSync prior to the deadline for proposal submittals. 2. NON-RESPONSIVENESS. Failure to submit the following requirements shall result in a determination of non- responsiveness. Non-responsive proposals will not be considered. 1. Bid Submittal Questionnaire (submitted electronically). 3. OMITTED OR ADDITIONAL INFORMATION. Failure to complete and submit the Bid Submittal Questionnaire (submitted electronically) with the bid and by the deadline for submittals shall render a proposal non-responsive. With the exception of the Bid Submittal Questionnaire (completed and submitted electronically), the City reserves the right to seek any omitted information/documentation or any 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. Failure to submit any omitted or additional information in accordance with the City's request shall result in proposal being deemed non-responsive. 4. ELECTRONIC PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the tabs, and sections as specified below. The electronic submittal should be tabbed as enumerated below and contain a table of contents with page references. The electronic proposal shall be submitted through the "Line Items" attachment tab in Periscope S2G. TAB 1 Cover Letter, Table of Contents and Minimum Qualification Requirements 1.1 Cover Letter and Table of Contents. The table of contents should indicate the tabs, sections with tabs and page numbers to facilitate the evaluation committee's review. The cover letter must be signed by a principal or agent able to bind the firm. 1.2 The Minimum Eligibility Requirements for this solicitation are listed below. Proposers that fail to comply with minimum requirements shall be deemed non-responsive and shall not have its proposal considered. DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 MIAMI BEACH 1. Firm. Proposing Firm shall meet the licensing requirements pursuant to Section 493.6201, Florida Statute. 2. Private Investigations Manager*.The Private Investigations Manager shall meet the licensing requirements pursuant to Section 493.6201, Florida Statute. 3. Private Investigator(s)*.The private investigator(s)named 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 investigation's manager, as defined in Section 493.6201, Florida Statute,the proposal need not include private investigators. TAB 2 Experience and Qualifications 2.1 Organizational Chart:An organizational chart depicting the structure and lines of authority and communication for all firms, principals and personnel involved in the project. Include information that describes the intended structure regarding project management, accountability and compliance with the terms of the RFQ. At a minimum, the following key individuals are required: • Private Investigations 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) *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. 2.2 Relevant Experience of Prime Proposer: Summarize projects where the Proposer and/or its principals have provided services similar to those described herein. For each project provide the following: a. project name and scope of services provided; b. name of individuals that worked on the referenced project that have been included in Section 2.1 above. c. client; d. client project manager and contact information; e. costs of the services provided; and f. term of the engagement. 2.3 Relevant Experience of Sub-consultant(s)ISub-contractor(s): Summarize projects where the Sub- consultant(s)/Sub-contractor(s) and/or its principals have provided services similar to those described herein. For each project provide the following: g. project name and scope of services provided; h. name of individuals that worked on the referenced project that have been included in Section 2.1 above. i. client; j. client project manager and contact information; k. costs of the services provided; and term of the engagement. TAB 3 Approach and Methodology Submit detailed information on the approach and methodology that the Proposer and its team has utilized on previous engagements to accomplish a similar scope of work, including detailed information, as applicable, which addresses, but need not be limited to: • Providing surveillance of the claimant for selected tort liability claims, workers' compensation claims, and other employment related matters. • Providing activity checks of the claimant for selected tort liability claims, workers' compensation claims, and other employment related matters. • Providing "research and background investigations" of claimants for selected tort liability claims, DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 MIAMI BEACH workers'compensation claims, and other employment related matters. • Providing complete investigative and adjusting services for selected tort liability claims, which may include recorded statements of claimants and witnesses. • Conducting medical, criminal, civil sweeps, record retrieval and social media sweeps that may include geo-fencing. • Providing written reports with appropriate documentation at the conclusion of each assignment to the Human Resources Department/Risk Management Division. DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 SECTION 0400 PROPOSAL EVALUATION 1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, may meet to evaluate each Proposal in accordance with the qualitative criteria set forth below. In doing so, the Evaluation Committee may review and score all proposals received, with or without conducting interview sessions. City staff will assign points for the quantitative criteria. It is important to note that the Evaluation Committee is advisory only and does not make an award recommendation to the City Manager or the City Commission. 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. a. 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 RFQ, may, without an evaluation committee, recommend to the City Commission that the Administration enter into negotiations. b. The City, in its discretion, may utilize technical or other advisers to assist the evaluation committee in the evaluation of proposals. 2. Qualitative Criteria. Responsive proposals shall be evaluated by the Evaluation Committee in accordance with the following criteria. Qualitative Criteria Maximum Points Experience and Qualifications 60 Approach and Methodology 40 TOTAL AVAILABLE STEP 1 POINTS 100 3. Quantitative Criteria. Following the results of the evaluation of the qualitative criteria by the Evaluation Committee, the Proposers may receive additional points, to be added by City staff, as follows. Quantitative Criteria Maximum Points Veterans Preference 5 TOTAL AVAILABLE STEP 2 POINTS 5 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 4. Determination of Final Ranking. The sum of qualitative and quantitative scores will be converted to rankings in accordance with the example below: Proposer A Proposer B Proposer C Qualitative Points 82 74 80 Committee Quantitative Points 10 5 0 Member 1 Total 92 79 80 Rank 1 3 2 Qualitative Points 82 85 72 Committee Quantitative Points 10 5 0 Member 2 Total 92 90 72 Rank 1 2 3 Qualitative Points 90 74 66 Committee Quantitative Points 10 5 0 Member 2 Total 100 79 66 Rank 1 2 3 Low Aggregate Score 3 7 8 Final Ranking* 1 2 3 It is important to note that the results of the Evaluation Committee process do not represent an award recommendation.The City Manager will utilize the results of the committee process,as well as any other information he deems appropriate to develop his award recommendation to the City Commission,which may differ from the Evaluation Committee process ranking. Balance of Page Intentionally Left Blank DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 APPENDIX A MIAMI BEAC ; Special Conditions 2022-015-W G INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS ' COMPENSATION CLAIMS, AND OTHER EMPLOYMENT RELATED MATTERS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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. 3. Negotiations. Upon approval of selection by the City Commission, negotiations between the City and the selected Consultant will take place to arrive at a mutually acceptable Agreement, including final scope of services, deliverables and cost of services. 4. Change Of Private Investigation Manager. A change in the Consultant's Private Investigation Manager (as well as any replacement) shall be subject to the prior written approval of the City Manager or his designee (who in this case shall be an Assistant City Manager). Replacement (including reassignment) of an approved Private Investigation Manager shall not be made without submitting a resume for the replacement staff person and receiving prior written approval of the City Manager or his designee (i.e. the City project manager). 5. Sub-Consultants. The Consultant shall not retain, add, or replace any sub-consultant without the prior written approval of the City Manager, in response to a written request from the Consultant stating the reasons for any proposed substitution. Any approval of a sub-consultant by the City Manager shall not in any way shift the responsibility for the quality and acceptability by the City of the services performed by the sub-consultant from the Consultant to the City. The quality of services and acceptability to the City of the services performed by sub-consultants shall be the sole responsibility of Consultant. DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 APPENDIX B MAMIBA1 Sample Contract 2022-015-W G INVESTIGATION , BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS ' COMPENSATION CLAIMS, AND OTHER EMPLOYMENT RELATED MATTERS BY VIRTUE OF SUBMITTING A PROPOSAL THE FIRM HEREBY TAKES NO EXCEPTIONS TO THE TERM AND CONDITIONS NOTED IN THIS SAMPLE CONTRACT PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND [FILL IN CONSULTANT NAME] FOR [XXXXXXXXXXXXXXXX], PURSUANT TO [FILL IN RFP, RFQ, OR ITB#] This Professional Services Agreement ("Agreement") is entered into this XXXXXX day of XXXXXXXXXXXX, 20 ("Effective Date"), 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 (the "City"), and [FILL IN CONSULTANT NAME], a [FILL IN TYPE OF ENTITY/I.E. CORPORATION, LLC, ETC.], whose address is XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX ("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. City Manager's Designee: The City staff member who is designated by the City Manager to administer this Agreement on behalf of the City. The City Manager's designee shall be the Department Director. 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 [FILL IN RFP, RFQ, OR ITB] No. [XXXXXXXXXXXXXX] for [XXXXXXXXXXXXXXXXXXXXXX], together with all amendments thereto, issued by the City in contemplation of this Agreement [FILL IN CORRECT ABBREVIATION RFP, RFQ, OR ITB], and the Consultant's proposal in response thereto ("Proposal"), all of DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 [FILL IN RFP, RFQ, or ITB]; 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. SECTION 2 SCOPE OF 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"). [NOTE: EXHIBIT "A" MUST INCLUDE DETAILED DESCRIPTION OF SERVICES] Although Consultant may be provided with a schedule of the available hours to provide its Services, the City shall not control nor have the right to control the hours of the Services performed by the Consultant; where the Services are performed (although the City will provide Consultant with the appropriate location to perform the Services); when the Services are performed, including how many days a week the Services are performed; how the Services are performed, or any other aspect of the actual manner and means of accomplishing the Services provided. Notwithstanding the foregoing, all Services provided by the Consultant shall be performed in accordance with the terms and conditions set forth in Exhibit "A" and to the reasonable satisfaction of the City Manager. If there are any questions regarding the Services to be performed, Consultant should contact the following person: 2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in Exhibit [XXX] hereto. [NOTE: TIMELINE FOR DELIVERABLES CAN ALSO BE INCLUDED IN EXHIBIT "A" OR IN SEPARATE EXHIBIT] SECTION 3 TERM The term of this Agreement ("Term") shall commence upon execution of this Agreement by all parties hereto (the Effective Date set forth on p. 1 hereof), and shall have an initial term of [XXXXXXXXXXXX], with [XXXXXXXXXX] renewal options, to be exercised at DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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. Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines, schedules, dates, and/or performance milestones for completion and delivery of the Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit [XXX] hereto. SECTION 4 FEE 4.1 In consideration of the Services to be provided, Consultant shall be compensated on a fixed fee basis, in the amount of $XXXXXXXX , for a total annual amount not to exceed $XXXXXXX . 4.2 [NOTE: INCLUDE AMOUNT FOR REIMBURSABLES, IF ANY]. 4.3 [NOTE: INCLUDE HOW FEE IS TO BE PAID — I.E. "X" PERCENTAGE UP FRONT; "X" UPON DELIVERY; MONTHLY; LUMP SUM; ETC.]. 4.4 INVOICING Upon receipt of an acceptable and approved invoice, 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: Accounts Payable: Payablesmiamibeachfl.qov 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. 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. DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 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 rights 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. ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN NOTIFICATION TO CONSULTANT, MAY IMMEDIATELY SUSPEND THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. 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. 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, defend 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the Consultant's responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The parties agree that one percent (VA) 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 [NOTE: INSURANCE TYPES AND LIMITS BELOW SHOULD ALWAYS BE SAME AS WHAT WAS SPECIFICED IN BID DOCUMENTS] 6.3 The Consultant shall maintain the below required insurance in effect prior to awarding the agreement and for the duration of the agreement. The maintenance of proper insurance coverage is a material element of the agreement and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the Agreement. and property damage. The City of Miami Beach must be endorsed as an Additional insured as their interest may appear. B. Consultant Professional Liability, in the amount of$1,000,000; and 6.4 Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the Consultant's insurance. 6.5 Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach do EXIGIS Insurance Compliance Services. 6.6 Waiver of Subrogation — Consultant agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. 6.7 Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 considered if they are licensed and authorized to do insurance business in the State of Florida. 6.8 Verification of Coverage — Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER ON ALL COI MUST READ: CITY OF MIAMI BEACH do EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach(c�riskworks.com 6.9 Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. SECTION 7 LITIGATION JURISDICTIONNENUE/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 DocuSign Envelope ID.CB343231-84A9-452B-B7F1-6C3103666113 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 CONFIDENTIAL FINDINGS 9.1 DUTY OF CARE With respect to the performance of the Services 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. 9.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the 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; CONFIDENTIAL FINDINGS 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 Manager, 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 Manager. SECTION 10 GENERAL PROVISIONS DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 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 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 INSPECTOR GENERAL AUDIT RIGHTS (A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. (B) The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Consultant, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. (C) Upon ten (10) days written notice to the Consultant, the Consultant shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Consultant its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 (D) The Inspector General shall have the right to inspect and copy all documents and records in the Consultant's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. (E) The Consultant shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: If this Agreement is completely or partially terminated, the Consultant shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Consultant shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. (F) The provisions in this section shall apply to the Consultant, its officers, agents, employees, subcontractors and suppliers. The Consultant shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Consultant in connection with the performance of this Agreement. (G) Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Consultant or third parties. 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 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 NO DISCRIMINATION In connection with the performance of the Services, the Consultant shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. Additionally, Consultant shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. 10.6 CONFLICT OF INTEREST 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, as may be amended from time to time; and by the City of Miami Beach Charter and Code, as may be amended from time to time; both of which are incorporated by reference as if fully set forth herein. 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. Consultant further covenants that in the performance of this Agreement, Consultant shall not employ any person having any 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 therefrom. 10.7 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A) Consultant shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. (B) The term "public records" shall have the meaning set forth in Section 119.011(12), which means 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. (C) 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: (1) Keep and maintain public records required by the City to perform the service; DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 (2) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Consultant does not transfer the records to the City; (4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. (D) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Consultant of the request, and the Consultant must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Consultant's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or (3) avail itself of any available remedies at law or in equity. (3) A Consultant who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (E) CIVIL ACTION. (1) If a civil action is filed against a Consultant to compel production of public records relating to the City's contract for services, the court shall assess and award against the Consultant the reasonable costs of enforcement, including reasonable attorneys' fees, if: a. The court determines that the Consultant unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Consultant has not complied with the request, to the City and to the Consultant. (2) A notice complies with subparagraph (1)(b) if it is sent to the City's DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 custodian of public records and to the Consultant at the Consultant's address listed on its contract with the City or to the Consultant's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (3) A Consultant who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. (F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADOMIAMIBEACHFL.GOV PHONE: 305-673-7411 10.8 FORCE MAJEURE (A) A "Force Majeure" event is an event that (i) in fact causes a delay in the performance of the Consultant or the City's obligations under the Agreement, and (ii) is beyond the reasonable control of such party unable to perform the obligation, and (iii) is not due to an intentional act, error, omission, or negligence of such party, and (iv) could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event. Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure shall not include technological impossibility, inclement weather, or failure to secure any of the required permits pursuant to the Agreement. (B) If the City or Consultant's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately, upon learning of the occurrence of the event or of the commencement of any such delay, but in any case within fifteen (15) business days thereof, provide notice: (i) of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v) of what course DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 of action such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. (C) No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is required. The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event, and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the direct result of the Force Majeure event with all reasonable dispatch. (D) Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event, causing the suspension of performance, shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible. The obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. (E) Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend the City's payment obligations under the Agreement, and may take such action without regard to the notice requirements herein. Additionally, in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period greater than thirty (30) days, the City may, at the sole discretion of the City Manager, terminate the Agreement on a given date, by giving written notice to Consultant of such termination. If the Agreement is terminated pursuant to this section, 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. In no event will any condition of Force Majeure extend this Agreement beyond its stated term. 10.9 E-VERIFY (A) Consultant shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Consultant shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Consultant shall expressly require any subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 eligibility of all new employees hired by the subconsultant during the contract Term. If Consultant enters into a contract with an approved subconsultant, the subconsultant must provide the Consultant with an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an unauthorized alien. Consultant shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. (B) TERMINATION RIGHTS. (1) If the City has a good faith belief that Consultant has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with Consultant for cause, and the City shall thereafter have or owe no further obligation or liability to Consultant. (2) If the City has a good faith belief that a subconsultant has knowingly violated the foregoing Subsection 10.9(A), but the Consultant otherwise complied with such subsection, the City will promptly notify the Consultant and order the Consultant to immediately terminate the Agreement with the subconsultant. Consultant's failure to terminate a subconsultant shall be an event of default under this Agreement, entitling City to terminate the Consultant's contract for cause. (3) A contract terminated under the foregoing Subsection (B)(1) or (B)(2) is not in breach of contract and may not be considered as such. (4) The City or Consultant or a subconsultant may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsection (B)(1) or (B)(2) no later than 20 calendar days after the date on which the contract was terminated. (5) If the City terminates the Agreement with Consultant under the foregoing Subsection (B)(1), Consultant may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. (6) Consultant is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 10.9. SECTION 11 NOTICES Until changed by notice, in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: [FILL IN] TO CITY: [FILL IN] All notices mailed electronically to either party shall be deemed to be sufficiently transmitted. SECTION 12 MISCELLANEOUS PROVISIONS DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 WAIVER OF BREACH A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A party's waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 12.4 JOINT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been a joint effort of the parties, the language has been agreed to by parties to express their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 12.5 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 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. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 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 City Manager Date: FOR CONSULTANT: [INSERT NAME] ATTEST: By: Print Name and Title Print Name and Title Date: F:ATTO/TORG/Agreements/Professional Services Agreement 2017 modified 12-19-2017 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 APPENDIX C MIAMI BEACH INSURANCE REQUIREMENTS 2022-01 5-WG INVESTIGATION , BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS ' COMPENSATION CLAIMS, AND OTHER EMPLOYMENT RELATED MATTERS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 INSURANCE REQUIREMENTS The vendor shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the contract. A. Workers' Compensation Insurance for all employees of the Contractor as required by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Should the Contractor be exempt from this Statute, the Contractor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt contractor shall also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or(ii) a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000. C. Automobile Liability for all owned, non-owned and hired vehicles, for bodily injury and property damage in an amount not less than $1,000,000 combined single limit. C. Cyber Liability with limits no less than $1,000,000, covering claims involving privacy violations, information theft, damage to or destruction of electronic information, intentional and/or unintentional release of private information, alteration of electronic information, extortion and network security. D. Professional Liability (Errors & Omissions) Insurance appropriate to the Consultant's profession, with limit no less than $100,000. Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor's insurance. Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services. Waiver of Subrogation — Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers—Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds(i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. Verification of Coverage — Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH c/o EXIGIS Insurance Compliance Services P.O. Box 4668—ECM#35050 New York, NY 10163-4668 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach@riskworks.com Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 ATTACHMENT C CONSULTANTS RESPONSE - PROPOSAL DocuSign Envelope ID:CB343231-84A9 452B-B7F1-6C3103666113v`V ONNAIRE W O LIVING WAGE W EQUAL BEN.-FINAL 5.7.21 BID SUBMITTAL QUESTIONNAIRE SECTION 1 - BID CERTIFICATION FORM This document is a REQUIRED FORM that must be submitted fully completed and submitted. Solicitation No: Solicitation Title: 2022-015-WG Investigation, Background, Adjusting and Surveillance of Selected Tort Liability BIDDERS NAME:James Anderson NO.OF YEARS IN BUSINESS:27 NO.OF YEARS IN BUSINESS LOCALLY 2 NO.OF EMPLOYEES:45 OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS:n/a BIDDER PRIMARY ADDRESS(HEADQUARTERS):2000 Henderson Road,Suite 300 CITY:Columbus STATE:Ohio ZIP CODE:43220 TELEPHONE NO.:614-761-3003 TOLL FREE NO.:800-761-0592 FAX NO.:614-761-0680 BIDDER LOCAL ADDRESS:4790 86th Place CITY:Sebastian STATE:FL ZIP CODE:32959 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT Jim Anderson,Partner ACCOUNT REP TELEPHONE NO. 614-595-3810 ACCOUNT REP TOLL FREE NO.:800-761-0592 ACCOUNT REP EMAIL.jnderson@infoquestinv.com FEDERAL TAX IDENTIFICATION NO.:31-1489486 By virtue of submitting a bid, bidder agrees: a) to complete and unconditional acceptance of the terms and conditions this document, inclusive of this solicitation, all specifications, attachments, exhibits and appendices and the contents r any Addenda released hereto; b) to be bound, at a minimum, to any and all specifications, terms and condition contained herein or Addenda; c)that the bidder has not divulged, discussed, or compared the proposal with other bidder and has not colluded with any other bidder or party to any other bid; d) that bidder acknowledges that all informatio contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; e)th file:N/C:/User bidder agrees if this bid is accepted, to execute an appropriate City of Miami Beach document for the purpose establishing a formal contractual relationship between the bidder and the City of Miami Beach. Florida. for th DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 . v`,/ ONNAIRE W O LIVING WAGE W EQUAL BEN.-FINAL 5.7.21 performance of all requirements to which the bid pertains; and f) that all responses, data and information contained in th bid submittal are true and accurate. The individual named below affirms that s/he: is a principal of the applicant duly authorized to execute this questionnain and that the contents of said document(s) are complete, true, and correct to the best of his/her knowledge and belief. Name of Bidder's Authorized Representative: Title of Bidder's Authorized James C. Anderson Representative: Partner file:///C:/User DocuSign EnveloperlD:CB343231-84A9-452B-B7F1V6C3103666113V`v,.ONNAIRE W O LIVING WAGE W EQUAL BEN.-FINAL 5.7.21 SECTION 2 - ACKNOWLEDGEMENT OF ADDENDUM After issuance of solicitation, the City may release one or more addendum to the solicitation. whic may provide additional information to bidders or alter solicitation requirements. The City will strive t reach every bidder having received solicitation through the City's e-procurement system. Howeve bidders are solely responsible for assuring they have received any and all addendum issued pursuar to solicitation. This Acknowledgement of Addendum section certifies that the bidder has received a addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledg receipt of all addenda may result in proposal disqualification. Enter Initial to Enter Initial to Enter Initial to Confirm Confirm Confirm Receipt Receipt Receipt JA Addendum 1 JA Addendum 6 JA Addendum 11 JA Addendum 2 JA Addendum 7 JA Addendum 12 JA Addendum 3 JA Addendum 8 JA Addendum 13 JA Addendum 4 JA Addendum 9 JA Addendum 14 JA Addendum 5 JA Addendum 10 JA Addendum 15 If additional confirmation of addendum is required, submit under separate cover. SFrTln^I ? - CONFLICT OF INTEREST All bidders must disclose the name(s) of any officer, director, agent, or immediate family membe (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, a bidders must disclose the name of any City employee who owns, either directly or indirectly, a interest of ten (10%) percent or more in the bidder entity or any of its affiliates. YES NO If yes, please disclose the name(s): FIRST AND L CCUPATION 1 2 3 4 5 6 crrTION 4 - F!n►ANrtei rAnArtTV When requested by the City, each bidder shall arrange for Dun & Bradstreet to submit a SuppliE Qualification Report (SQR) directly to the City. No proposal will be considered without receipt, by th City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be th responsibility of the bidder. The bidder shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 Bidders are responsible for the accuracy of the information contained in its SQR. It is highl recommended that each bidder review the information contained in its SQR for accuracy pric file:///C:/User to submittal to the City and as early as possible in the solicitation process. For assistanc with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. DocuSign Envelope.ID:CB343231-84A9 452B-B7F1-6C31 036661 1 3v`v„ONNAIRE W O LIVING WAGE W EQUAL BEN.-FINAL 5.7.21 At time of request, bidder shall request that Dun & Bradstreet submit its Supplier Qualifier Repo directly to the City, with bid or within three (3) days of request. SECTION 5 - MORATORIUM ON TRAVEL TO AND THE PURCHASE OF GOODS OR SERVICES FROM MISSISSIPPI Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel t the state of Mississippi, as well as the purchase of goods or services sourced in Mississippi. Bidde shall agree that no travel shall occur on behalf of the City of Miami Beach to Mississippi, nor shall an product or services it provides to the City be sourced from this state. By virtue of submitting bid, bidder agrees it is and shall remain in full compliance with Resolutio 2016-29375 https://www.miamibeachfl.gov/wp-content/uploads/2017/11/2016-29375-Resolution-Vendor- Moratorium-for-Services-Sources-from-North-Carolina-Mississippi_1.pdf file:///C:/User DocuSign EnvelopeID:CB343231-84A9 452E B7F1-6C3103666113 IV V`� ONNAIRE W O LIVING WAGE W EQUAL BEN.-FINAL 5.7.21 SECTION 6 - REFERENCES AND PAST PERFORMANCE Project No. 2022-015-WG Project Title Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Bidder shall submit at least three (3) references for whom the bidder has completed work similar i size and nature as the work referenced in solicitation. Reference No.1 Firm Name: Cleveland Clinic Foundation Contact Individual Name and Title: Todd Beresford, Director of Workers' Compensation Address: 1201 E Broward Blvd., Ft. Lauderdale, FL 33301 - 3050 Science Park Drive AC34 Beachwood, OH 44122 Telephone: 712-574-3051 Contact's Email: beresft@ccf.org Narrative on Scope of Services Provided: The Cleveland Clinic is one of the world's premiere health care organizations. Due to their brand nam and sensitivity to public perception, Infoquest has been a long standing partner entrusted to handl background investigations, social media, medical canvass and surveillance with unmatched integrity an professionalism. Reference No.2 Firm Name: Sedgwick Contact Individual Name and Title: Vince Vossel, VP Segwick Special Investigative Unit Address: 1230 E. Diehl Road, Suite 300, Naperville, IL 60563 Telephone: 630-774-3332 Contact's Email: Vincent.vossel@sedgwick.com Narrative on Scope of Services Provided: Sedgwick is a global Third Party Claims Administrative (TPA) company. Infoquest is in a select group c preferred vendors conducting surveillance, social media, background, medical canvass and othe workers' compensation and insurance defense investigations on behalf of their many self insured nations and local clients. Infoquest regularly handles investigations throughout Florida for Sedgwick. Reference No.3 Contact Individual Name and Title: IPEP, Lisa Mohler, VP Claims & Risk Management file:///C:/User Address: 302 S Reed Rd.. Kokomo. IN 46901 DocuSign Envelope.ID:CB343231-84A9-452B-B7F1-6C3103666113 ONNAIRE W_O LIVING WAGE W EQUAL BEN.-FINAL 5.7.21 Telephone: 765-252-3036 Contact's Email: Imohler@ipep.com Narrative on Scope of Services Provided: Indiana Public Employers Plan is a self funded workers' compensation program representing publi employers through the State of Indiana including cities, municipalities and other governmental agencies Infoquest provides background, social media, medical canvas, surveillance and other investigativ services on suspect claims including sensitive cases involving police and fire personnel along with othe general service providers and workers. file:///C:/User DocuSign Envelope ID:CB343231-84A9 452B-B7F1-6C3103666113v`v ,ONNAIRE W O LIVING WAGE W EQUAL BEN.-FINAL 5.7.21 Additional Reference Firm Name: Contact Individual Name and Title: Address: Telephone: Contact's Email: Narrative on Scope of Services Provided: StC1 ION / - S IANDARD TERMS AND CONDITIONS The Standard Terms and Conditions are available at https://www.miamibeachfl.gov/cit) hall/procurement/standard-terms-and-conditions/ By virtue of submitting a bid, bidder attests that the have read and understand the applicable Standard Terms and Conditions as indicated in th solicitation. Project No. 2022-015-WG Project Title Investigation, Background, Adjusting and Surveillance of Selected Tort Liability SECTION 8 - VENDOR CAMPAIGN CONTRIBUTIONS Bidders are expected to be or become familiar with, the City's Campaign Finance Reform laws, a codified in Sections 2-487 through 2-490 of the City Cod https://library.municode.com/fl/miami_beach/codes/code_of_ordinances? nodeld=SPAGEORCH2ADARTVIISTCO_DIV5CAFIRE Bidders shall be solely responsible for ensuring that all applicable provisions of the City's Campaig Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribe therein, including disqualification of their bid submittal, in the event of such non-compliance. Are there any individuals or entities (including your sub-consultants) with a controlling financiz interest which have contributed to the campaign either directly or indirectly, of a candidate who ha been elected to the office of Mayor or City Commissioner for the City of Miami Beach. YES NO If yes, list name (first and last name) of individuals, occupation, amount and date: 1 2 3 4 file:///C:/User 5 6 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113�`v ONNAIRE W O LIVING WAGE W EQUAL BEN.-FINAL 5.7.21 8 I I 9 file:///C:/User DocuSign Envelope YID:CB343231-84A9-452B-B7F1-6C3103666113V`v„ONNAIRE W O LIVING WAGE W EQUAL BEN.-FINAL 5.7.21 SECTION 9—SUSPENSION, DEBARMENT, OR CONTRACT CANCELLATION Has bidder ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector agency? YES NO If answer to above is "YES," bidder shall submit a statement detailing the reasons that led t action(s): SECTION 10 - 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 c more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits fc Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Mian Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to the employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and th Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who ar directly performing work on the contract within the City of Miami Beach. Does bidder provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO Does bidder provide or offer access to any benefits to employees with (same or opposite sex) domesti partners or to domestic partners of employees? YES NO Please check all benefits that apply to your answers above and list in the "other" section any additions benefits not already specified. Note: some benefits are provided to employees because they have a spouse c domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domesti partner, such as medical insurance. Bidder Provides for Bidder Provides for BENEFIT Employees with Employees with Bidder does not Spouses Domestic Partners Provide Benefit Health Sick Leave Family Medical Leave Bereavement Leave If Bidders cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there ar no insurance providers in your area willing to offer domestic partner coverage) you may be eligible fc Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent an submit a completed Reasonable Measures Application with all necessary documentation. Your Reasonabl file:///c:/User Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is nc guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement i DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113V`V ONNAIRE W O LIVING WAGE W EQUAL BEN.-FINAL 5.7.21 available at http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-anc procedures/ file:///C:/User DocuSign Envelop ID:CB343231-84A9 452B-B7F1-6C3103666113 IV WSJ `v ONNAIRE W O LIVING WAGE W EQUAL BEN.-FINAL 5.7.21 SECTION 11 - BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORM APPENDIX A,44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned Contractor certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to an person for influencing or attempting to influence an officer or employee of an agency, a Member of Congres! an officer or employee of Congress, or an employee of a Member of Congress in connection with the awardin of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into c any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of an Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person fc influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an office or employee of Congress, or an employee of a Member of Congress in connection with this Federal contras grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLI "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents fc all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperativ agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction wa made or entered into. Submission of this certification is a prerequisite for making or entering into thi transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any perso who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and nc more than $100,000 for each such failure. The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of it certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 3 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. By virtue of submitting bid, bidder certifies or affirms its compliance with the Byrd Anti-Lobbying Amendmer Certification. Name of Bidder's Authorized Representative: Title of Bidder's Authorized James C. Anderson Representative: Partner file:///C:/User DocuSign EnvelopeID:CB343231-84A9 452B-B7F1-6C3103666113 IV. UM/VW LJIVII v`v„ONNAIRE W_O LIVING WAGE W EQUAL BEN.-FINAL 5.7.21 SECTION 12—SUSPENSION AND DEBARMENT CERTIFICATION The Contractor acknowledges that: (1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such th contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or it affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined 2 2 C.F.R. § 180.935). (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and mu! include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3)This certification is a material representation of fact relied upon by the City. If it is later determined that th Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition t remedies available to the City, the Federal Government may pursue available remedies, including but nc limited to suspension and/or debarment. (4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 300( subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. Th Contractor further agrees to include a provision requiring such compliance in its lower tier covere transactions." By virtue of submitting bid, bidder certifies or affirms its compliance with the Suspension and Debarmer Certification. Name of Bidder's Authorized Representative: Title of Bidder's Authorized James C. Anderson Representative: Partner SECTION 13 - SMALL AND DISADVANTAGED BUSINESS CERTIFICATION Pursuant to Resolution 2020-31519, the City is tracking the Small and Disadvantaged Businesses, as certifie by Miami-Dade County that have been certified as Small or Disadvantaged Business by Miami-Dade County. Does bidder possess Small or Disadvantaged Business certification by Miami-Dade County? YES p NO SECTION 14 - LGBT BUSINESS ENTERPRISE CERTIFICATION Pursuant to Resolution 2020-31342, the City is tracking the utilization of LGBT owned firms that have bee certified as an LGBT Business Enterprise by the National Gay and Lesbian Chamber of Commerce (NGLCC). Does bidder possess LGBT Business Enterprise Certification by the NGLCC? O YES p NO SECTION 15 — CONE OF SILENCE Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an awar file:///C:/User recommendation has been forwarded to the City Commission by the City Manager are under the "Cone c Silence." The Cone of Silence ordinance is availabl DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113v1- V ONNAIRE W O LIVING WAGE W EQUAL BEN.-FINAL 5.7.21 at hops://library.municode.com/fl/miami beach/codes/code of ordinances nodeld=SPAGEOR CH2AD ARTVIISTCO DIV4PR S2-486COSI Any communication or inquiry in reference to this solicitation with any City employee or City official is strict) prohibited with the of exception communications with the Procurement Director, or his/her administrativ staff responsible for administering the procurement process for this solicitation providing said communicatio is limited to matters of process or procedure regarding the solicitation. Communications regarding thi solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the Cit Clerk at rafaelgranado@miamibeachfl.gov. Vendor attests that they have read, understand, and are in compliance with the Cone of Silence OrdinancE pursuant to Section 2-486 of the City Code? YES L NO file:///C:/User DocuSign Envelope ID:CB343231-84A9 452B-B7F1-6C3103666113v`v ONNAIRE W O LIVING WAGE W EQUAL BEN.-FINAL 5.7.21 SECTION 16—CODE OF BUSINESS ETHICS Pursuant to City Resolution No.2000-37879, the Bidder shall adopt a Code of Business Ethics ("Code") an submit that Code to the Procurement Division with its response or within three (3) days upon receipt c request. The Code shall, at a minimum, require the Bidder, to comply with all applicable governmental rulE and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City c Miami Beach and Miami Dade County. Bidder shall submit firm's Code of Business Ethics within three (3) of request by the City. In lieu of submittin Code of Business Ethics, Vendor may indicate that it will adopt, as required in the ordinance, the City of Miarr Beach Code of Ethics, available at http://www.miamibeachfl.gov/city-hall/procurement/procurement-relatec ordinance-and-procedures/ Bidder adopts the City of Miami Beach Code of Business Ethics? In YES NO Bidder will submit firm's Code of Business Ethics within three (3) days of request by the City? p YES NO SECTION 17 — DRUG FREE WORKPLACE CERTIFICATION The Drug Free Workplace Certification is available at: https://www.miamibeachfl.gov/wp-content/uploads/2019/04/DRUG-FREE-WORKPLACE-CERTIFICATION.pdf By virtue of submitting bid, bidder certifies or affirms it has adopted policies, practices and standard consistent with the City's Drug Free Workplace Certification. SECTION 18— LOBBYIST REGISTRATION REQUIREMENTS This solicitation is subject to, and all bidders are expected to be or become familiar with, all City lobbyist law: Bidders shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall b subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of the responses, in the event of such non-compliance. By virtue of submitting bid, bidder certifies or affirms that they have read and understand the above Lobbyi; Registration Requirements. SECTION 19— NON-DISCRIMINATION The Non-Discrimination ordinance is available at: https://library.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR 52-37SNSCCOREWA By virtue of submitting bid, bidder agrees it is and shall remain in full compliance with Section 2-375 of the Cit of Miami Beach City Code. SECTION 20— FAIR CHANCE REQUIREMENT The Fair Chance Ordinance No. 2016-4012 is available at: file:///C:/Usei https://library.municode.com/fl/miami beach/codes/code of ordinances nodeld=SPAGEOR CH62HURE ARTVFACHOR DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113v`�„ONNAIRE W O LIVING WAGE W EQUAL BEN.-FINAL 5.7.21 By virtue of submitting bid, bidder certifies that it has adopted policies, practices and standards consistent wit the City's Fair Chance Ordinance. Bidder agrees to provide the City with supporting documentation evidencin its compliance upon request. Bidder further agrees that any breach of the representations made herein sha constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of th agreement, in addition to any damages that may be available at law and in equity. SECTION 21 — PUBLIC ENTITY CRIMES Please refer to Section 287.133(2)(a), Florida Statutes, available at: https://www.flsenate.gov/Laws/Statutes/2012/287.133 By virtue of submitting bid, bidder agrees with the requirements of Section 287.133, Florida Statutes, an certifies it has not been placed on convicted vendor list. file:///C:/User DocuSign Envelope ID:C8343231-84A9 452B-B7F1-6C3103666113 V v`v .ONNAIRE W O LIVING WAGE W EQUAL BEN.-FINAL 5.7.21 SECTION 22 — VETERAN BUSINESS ENTERPRISES PREFERENCE Pursuant to City of Miami Beach Ordinance No. 2011 3748, https://Iibrary.municode.com/fl/miami beach/codes/code of ordinances nodeld=SPAGEOR CH2AD_ARTVIPR DIV3COPR S2-374PRPRPRVECOGOCOSE the City shall give a preferenc to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(! or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the Iowe$ and best bidder, by providing such bidder an opportunity of providing said goods or contractual services fc the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices c two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a servicE disabled veteran business enterprise constitute the lowest bid pursuant to an ITB, RFP, RFQ, ITN or oral c written request for quotation, and such bids are responsive, responsible and otherwise equal with respect t quality and service, then the award shall be made to the service-disabled veteran business enterprise. Is the bidder a service-disabled veteran business enterprise certified by the State of Florida? ij YES p NO Is the bidder a service-disabled veteran business enterprise certified by the United States Feder€ Government? YES p NO file:///C:/Users/PURCGarW/Downloads/BID_SUBMITTAL_QUESTIONNAIRE_W O_LIVING_WAGE_W EQUAL_BEN._-_FINAL_5.7.21_8933861 ... 17/17 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 1 N F 0 QU E S T November 8,2021 City of Miami Beach Procurement Department 1755 Meridian Avenue,3rd Floor Miami Beach,FL 33319 Re: 2022-015-WG Mr. Garviso, Infoquest Information Services,Ltd.,Est 1994,Florida Private Investigative Agency License# A 1900153 is a licensed,professional workers' compensation and insurance defense investigative firm.We are very interested in becoming a vendor and resource to Miami Beach and believe our experience,knowledge,methodology, state-of-the-art web-based technology to communicate fmdings and forward-thinking investigative techniques and programs will meet your needs and expectations on a consistent,timely and cost-efficient manner. In response to your RFQ we submit the following Table of Contents: TAB 1 1.1 —Cover letter and Table of Contents(Page 1) 1.2-Minimum Eligibility Requirements(Page 2) 2.1 -Organizational Chart(Page 3) TAB 2 2.2 -Relevant Experience of Prime Proposer(Page 4-5) 2.3—Relevant Experience of Sub-consultants/Sub-contractors(Page 5) TAB 3 —Approach and Methodology/Services/Sample Reports(Page 6-21) Respectfully, (Twee G'. Alaimo James C. Anderson Founding Partner 2000 W.HENDERSON ROAD SUITE 300 COLUMBUS,OHIO 43220 P 614.761.3003 800.761.0592 F 614.761.0680 infoquestinv.com DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 1.2 Infoquest Information Services, Ltd.—Minimum Eligibility Requirements Infoquest Information Services, est. 1994 in Columbus,OH is a Workers' Compensation and Insurance Defense investigative firm. Our Florida Private Investigative Agency License A 1900153 issued 12/17/2019 and expiring 9/5/2022 is pictured below.We have a substantial staff of dedicated, experienced, licensed,professional investigators to handle all assignments promptly and thoroughly in a timely, cost-efficient manner. All investigations are handled lawfully without bias or prejudice. We carry$5 million comprehensive liability insurance coverage. l ,Y X * _eA.1 a u`►A H. • )1,-S 1%_ 3'8 ,: !!(11 b S ..4 ; .,44 ' FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES k44 `0,. NICOLE"NIKKI"FRIED COMMISSIONER i'' ;. DIVISION OF LICENSING :0 Ar 12/17/19 09/05/22 A 1900153 DATE ISSUED I):\FE OF EXPIRATION LICENSE NUMBER INFOQUEST INFORMATION SERVICESLTD, LLC. 4790$$ PLACE TLN ' SEEMS FUN,FL 32958 �I': I f TH " •' ANDERSON,DAMES C,OTHER :'4 GORCZYCA,KENNETH D,OTIIER HUGHES,JOHN A.OTHER WAGNER,RICHARD,OTHER ..1) A_ THE PRIVATE LVVESTIGAPIPE AGEN('1'NAMED ABOVE IS LICENSED AND REGULATED UNDER TI IE PROVISIONS OF CHAPTER 49J,FLORIUA S"TATUTFS. ''/A NICOLE"NIKKI'FRIED COMMISSIONER 1Yr h�yT < 7s ;�1 Jr " • h k v. -T..$ql Silt _"y4'f y.J_,,e. .•. PRIVATE INVESTIGATOR LICENSE j STATE OF FLORIDA I I C 2900495 MEFFOr,D V/ILLIAM G 1 ,t, 3 09/01/1970 M U +� 11 09/12/2023 a of Agr ulture and Consumer SelrviceseDlvisio noet Lircmeos ng ,p„ .., in accordance wRh Chapter 492,Floritld StaNtes. NICOLE"NIKKI"FRIED COMMISSIONER Resident Agent—22 years experience 2 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 2.1 —Infoquest Information Services—Organizational Chart Halley Kinsler-Desktop Investigator _ Denise Price-Desktop Investigator Josh Utrup Director Matt Bean-Desktop Investigator Donna Dockery Director Intelligence Unit _ Adam Knopf-Desktop Investigator _ Jacob Raleigh-Desktop Investigator Jim Anderson Founding Partner _ Devin Cross-Desktop Investigator -Steve Butler-Field Investigator _ Charles Mefford-Field Investigator William Mefford James D.Rice-Field — Director of Investigations Investigator (Disabled Veteran) _ Ignacio Bone-Field Investigatator —Paul Miyares-Field Investigat. 3 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 2.2—Infoquest Information Services—Relevant Experience of Prime Proposer Infoquest Information Services, est. 1994 is a Workers' Compensation and Insurance Defense investigative firm. We only represent the entity and do not engage in Private Investigation for individuals. We offer an array of traditional investigative services including manned and unmanned surveillance, activity checks, interviews,comprehensive criminal and civil litigation background investigations,medical canvass, social media and deep Internet mining. We also offer forward thinking programs such as Video Job Descriptions and Incident Reenactment to allow medical practitioners and adjudicators to fully understand the loss facts,physical requirements of one's job duties and mechanism of injury. We have a substantial staff of dedicated, experienced, licensed,professional investigators to handle all assignments promptly and thoroughly in a timely,cost-efficient manner.All investigations are handled lawfully without bias or prejudice. We are active in the industry and members of multiple organizations. Infoquest has roughly 300 open investigations on daily basis for various large insurance carriers, Third Party Administrators and Self-Insured employers, Law Firms, Government agencies and entities. We average 20-25 open investigations in the State of Florida on a daily basis. 2a: We rarely have specific project names;however,conduct workers' compensation investigations and surveillance on daily basis based on our client's needs and concerns on a given claim.William Mefford,our Resident Agent and Director of Investigations has 22 years of investigative experience and management. William is formerly military intelligence and works with all of our Florida investigators daily and throughout the investigation. Donna Dockery, Intelligence Unit Director manages all desktop investigations including medical canvass, social media investigations and comprehensive background investigations. Additionally,Josh Utrup, Director and James Anderson Founding Partner are involved with management and oversight of all investigations to ensure all assignments are completed to our clients needs and expectations. 2b: (See 2a) 2c: Infoquest has over 1000 clients nationwide including large insurers such as Nationwide Insurance,Third Party Administrators such as Sedgwick Claims Management, Self-Insured employers such as The Cleveland Clinic,General Motors,United Parcel Service and many others and governmental agencies including many throughout the State of Indiana and Ohio. 2d: Vincent Vossel, VP, Sedgwick Claims Management, 1230 Diehl Road, Suite, 300 Naperville, IL 60563—630-774-3332—Vincent.vossel@sedgwick.com. Sedgwick is a global and leading Third Party Claims Administrative(TPA)company. Infoquest is in a select group of preferred vendors conducting surveillance, social media,background,medical canvass and other workers' compensation and insurance defense investigations on behalf of their many self-insured,national and local clients on a daily basis. Infoquest handles multiple investigations throughout the State of Florida for Sedgwick and its clients on a daily basis. 4 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 2e: Investigative rate for above is $61/hr. with$50/hr travel up to 3 hrs and $30.50 per day reporting. Medical Canvass is $150; Social Media is $150 and Comprehensive Background to include Social Media is $300. All fees as set by Sedgwick vendor services agreement. Unless directed otherwise, Infoquest prefers a flat rate pricing model for all clients for consistency no matter the location of the investigative need. 2f: The term is automatic annual renewal. 2.3 —Infoquest Information Services—Relevant Experience of Sub-consultant(s)/Sub- contractor(s) We only sub-contract in areas where we do not have investigators and at the approval of our clients in which case, we enlist a reputable insurance defense investigative firm. DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 3.0—Infoquest Information Services, Ltd.—Approach and Methodology Infoquest handles all investigations lawfully with ethics and integrity. We are an unbiased 3rd party tasked to develop and document facts with respect for all individuals regardless of circumstance. Do the Basia Extraordinarily Weil MEW 100% Our Focus & Goals All in All he Customer �tKE""' Time! Best of the Best Satisfaction INI () QUEST DocuSign Envelope ID.CB343231-84A9-4528-B7F1-6C3103666113 Our Process: A request for services is generated by our clients through our Cyber Secure IMS Web Portal,email,phone or fax. The case is triaged by our Intel Unit running various databases, motor vehicle records for verificaton of address and identifiers along with any activity or employment leads to aid in the investigatons. The Director then reviews the request and discusses a detailed action plan with the field investigator. The investigator acknowledges the goals of the investigation and action plan. The Director and other managers work with the field investigator daily to insure quality and advise on other potential options and ideas. Clients are updated daily through our Cyber Secure Investigaton Management System(IMS). The investigator updates the IMS with daily finds, evidence and video. An email updating the client of the days activity is sent from the IMS with a link to the case file. The claim representative can then view any evidence and video for better understanding of the findings and whether it makes sense to continue or stop the investigation for better cost management. The IMS system allows for selectively inviting outside parties such as legal counsel or medical practioners to view the investigative facts for collaborative decision making. Investigator Team Measure Request Intel Unit Supervisor '.Ji�r: Review Final &Track Initiated Triage Action Plan Schedule& ...; Conference Reports Investigator Goad Calls Results Process and Quality Assurance DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 WebTAP&Social Media: Our Intelligence Unit is comprised of trained investigators conducting Social Media,Deep Intenet Mining and full records reasearch at the local, state and federal level to uncover any current or past information that is important to the defense of the claim. We search for activity and employment leads,credibility impeachers,claim motivators, pre-existing condition and any other intelligence that will aid in the investigation or provide useful intelligence to our clients. • Social Media / .WEB C) Investigations • • • WebTAP is a comprehensive background investigation accessing • permissible purpose database research,social media sites,full public • records and deep Internet mining to uncover activity and employment leads,credibility impeachers and claim motivators • Investigations are conducted by a trained staff of professional investigators that mine the Internet for information following upon all useable intelligence leads • QUEST DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Surveillance: Our core service to develop and document activities and abilities to either verify extent of disabilty or accelerate return-to-work or uncover fraud. Our trained and experienced investigators are equipped with modern equipment to capture activities whether outside in public view or indoors with covert video equipment. Investigators abide by all laws especially in regards to tresspassing, invasion of privacy,misrepresentation,entrapment and eaysdropping. or= Surveillance • Our core service to document activities and abilities I • Conducted by trained, experienced, > professional investigators • Manned and static camera I 1 i Q. V L s DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Medical Canvass: Our Intelligence Unit investigators conduct systematic and geographic medical canvass of hospitals,pharmacies,urgent care facilities, specialists,and other medical practitioners to develop providers and dates of treatment. The goal is to determine any potential pre-existing conditions or other factors that are relative to the claim. Medical Canvass • Medical Canvassing is a geographic search for any F „" past medical treatment including Hospitals Pharmacies, Urgent Care, MRI and Specialists INFOQUEST• 10 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 AOE/COE Investigations and Video Applications: AOE/COE(arouse of employment in the course of employment)is an initial investigation to determine the loss facts prior to,during and after the alleged incident. The service begins with a claimant interview and statement to include loss facts,body parts affected,and parts not affected to keep the injury from migrating at later dates, list of all medical providers and medications and general activities. As warranted,the service includes witness interviews to verify consistency of loss facts. When the claim or mechanism of injury seems suspect,we then conduct an incident reenactment video which often times a medical practitioner can determine if the mechanism of injury has merit or not plausible. Additionally,job task videos can accurately inform decision makers of the physical requirements of one's job duties versus the duties as described by the injured worker. This is a valuable tool in reducing lost time claims and accelerating return-to-work. quIst V'Q= APPLICATIONS -- i • Professionally produced customized videos for I ..• claims management , �+�"'+� _.�� • Incident Reenactment for t mechanism of injury or • confirm loss facts !'• - • Safety and Training w � • Video Job Descriptions for medical review and opinions •. i () QUEST DocuSign Envelope ID CB343231-84A9-452B-B7F1-6C31 036661 1 3 Geo Fencing: Infoquest no longer subscribes to any geo fencing providers. We tested the service on up to 50 investigations a day for over a year and had very little useful information developed. Most of the posts are Twitter as many social media companies have removed their information from access rendering geo fencing ineffective and not cost effective. We fmd our intelligence unit manually monitoring social media as warranted is a more efficient and effective way to watch one's social media profiles. Investigative Management System (IMS): The IMS is a custom built,proprietary Investigative Management System architected with features reflecting insights gained through years of hands- on claims experience. The IMS is a cyber secure,comprehensive set of web-based tools to communicate all updates,reports, evidence and video.The IMS allows for two-way communication between Infoquest and our clients. Each claims representative has their own log in credentials for their case assignments. All managers and supervisors have access to all claim representatives' cases for transparency and oversight. The system allows to selectively"invite" outside parties such as legal counsel or medical practitioners to view the investigative fmdings. Additionally,the IMS has built-in data analytics to monitor multiple data points including time service,results and costs. Internally,each investigator is graded daily on their results for better management and advising. Data analytics include daily monitoring surveillance video based on day of week and duration to include optimum number of hours and days of surveillance. 12 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 IMS Activity Log: The activity log is updated any time we have information to send to the claim representative. This is a short note describing finds that is sent via email with a link to the case. The claim representative can respond to the note within the IMS System or click the link to access the case and the evidence and/or video. Full video is posted daily by the surveillance investigator. Invite Reviewers: The Invite Review feature is located at the right column of the Activity Log. A claim representative can send a link to outside parties such as legal counsel or medical practitioners via the IMS. The link only sends investigative findings. It does not include request information,the activity log or invoice information.The link lasts 30 days or can be revoked at any time if desired. Investgaron Magage^,ent,y• x + O - I ( 4 - C a ims.infoquestinv.com/investigations/48873 i .Cr O IMso,-tool J reopened from!MS SUBJECT(SSN)&EMPLOYER CLIENT&CLAMP REP&INVESTIGATOR STATUS Cleveland C'in c Foundation I - Cleveland Clinic 21G851 p814 Joseph Szymanski Aci,v.ty t`'rfr-. Documents&Report Surveillance 1. Add a comment i update to this investigation Invite Reviewers Name Crystal Email CSnider@nn :.corn Expires 11 days•Revoxe Note e e andPlease respondhav toDr ricerevi it w appropriate Remind him to review the medical which indicated clamant complained of a complete inability to use the-t hand e: -- Creat 1 Add Comment Q Send email to Claim Rep& erv.tierL in rnaii ox.. etc ..�T..,._. Li Attach report 0 Attach invoice Name Email(invitecemati corn) Oct 27,2021:Ken Gorczyca I X rt�fessaae'optimal; Rose.1 copy of full video and 3 highlight copies of the video have been prepared and shipped to you via FedEx tracking No 8166 8194 5663 If anything else is needed please let us know Email sent to astraterg^ccnisrcorn RJcnesgMeyeisRurnan corn Reviewer will receive an email giving Oct 27,2021 1 '1=11 of X them access to this investigation for 30 days Hi Ken. Send Invite Please send me 1 full copy of all surveillance and 3 copies of highlights for submission in this claim and to be relied upon at hearing Thanks.Rose Oct 21,2021_Ken Gorczyca I X 13 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 IMS Video Tab: The surveillance investigator uploads all video on a daily basis in order for the claim representative to "see"the video evidence and not"hear"the evidence for better decision making through the investigation. Youtube, Facebook, TikTok and other video evidence is also posted under the Video Tab. The IMS allows the claim representative to Save a Copy of the video or we can create a DVD or USB drive of all video if desired upon completion of the surveillance. SUBJECT(SSN)&EMPLOYER CLIENT&CLAIMM REP&INVESTIGATOR STATUS i(3747) Cleveland Clinic Fourdation - Cleveland Clinic I 7814 Joseph Szymanski Acbvdy f Video • 2 videos Sep.30,2021MM. 10:01 AM .miii‘ _........;/- ""' • . . / • 7 Thu,Sop 30 2021 1 . Wed.Oct 13 2021 - . \ _ /r _•._. _ ' . • \ Al — ---- -- Upload New Video •/ -- _. Supported types / MP4 AVI WMV fir• f 14 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31O3666113 IMS Documents & Report Tab: The Documents & Report Tab is where all "paper"evidence, including reports,records, social media, photos and invoices are stored. The claim representative can also upload information such as photos or medical appointments. lave Instganon Management Syr X + 0 X f • C N ims.infoquestinv.com/investigations/48873?t=documents Q {t 0 . IMSe Li'00 I J ,eapened from!MS a48158 •-•ncawmtC r,,, MCVIJGI I s 1.-1/11.111rexyoIal1 • SUBJECT(SSN)&EMPLOYER CUNT&CLAIMB REP&INVESTIGATOR STATUS (3747) Clev tion - Cleveland Clinic 21G )14 Joseph Szymanski Documents&Report Investigation Alternate Repoli ation Report ' .. Invoice t21667 Generated Sep 30.2021 Drag a document from _ Generated Oct 21,2021 - Edit I Delete below(Webtap.etc)and $2 120 00 Due drop here to deliver an - Edit I Paid I Delete a0ernate report with this - - investigation G; C, export_reportp0f Screen_Shot_2021- r,' p i 1 Sen_Shot_2021- CLEAR Investigation 09- " Sewn_ Rep 09- ort 30_at_8.19.16_AM -. �11 30 at 12.13.24 PM Edit I Delete ! t '-WWI Ili ly-au 211 *r a 4. r-dd I Delete 30-21) Of Edit I Delete O. I Screen Shot 2021- Screen Shot 2021- ScreenShot 2021- 039- - - r , - pg. - - e - - 30 BE at 12.11.13 ./iPM _ 30 at 12.12.04 PM I 09- 30 at 12.15.40 PM • nclude inreport 'r ,a d Include in report J Include in report Activity Shot(9-34 Q� Activity Shot(330 0, ActMty Shot(9-30- 21) l:er 21) 21) Edit I Delete Edit I Delete Edit I Delete Screen Shot 2021- Screen- -Shot 2021- Screen- Shot 2021- t 09- - - s, OS- 10- 30_at_12.17.27_PM it 1 30 at 12 17 49 PM 01_at-5.21.25_PM. Actrvrty Shell(9-30. ✓ tk 21) Q - ACIAly Shot 19-30- (P Edit I Delete 21) __.. Furl I Delete rdit I Delete 15 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 IMS Data Analytics: The IMS has built-in data analytics to monitor multiple client data points including time service,results and costs which is reported on an Excel spreadsheet. Internally, each investigator is graded daily on their results for better management and advising. Data analytics include daily monitoring surveillance video based on day of week and duration to include optimum number of hours and days of surveillance. io.esngaeon uawoeTen<iyv. x M IMoit3t-jidesenCiskQxst X I M lam 12,1-PMrso'". } O — 0 X E ) C I ims.mfoquestinv.com % 4 e INF o Q U E S T ap$ Jim Anderson-Inioquest,Ltd I Profile I Sign Out Request lnvesbgation Users Offices Counties Investigator Rankings V,dec Slat, Aschlved Items Video Stats ;st 12 months Investigation duration .meo 1 DAYS 2 DAYS 3 DAYS 4.DAYS 50% 65%of 376 73%oust 85%,865 Day length,•of 1,1,5,Mere sub eC 3<,ap e,or:0, 4 HOUR DAY 4-6 HOUR DAY 6-6 HOUR DAY H.HOUR DAY 38%> 30%of t136 55%of r79 52%,4033 Day of the week • MON TUE Y/ED THU Fltl SAT SUN 49/.; :;e 49%e 49%aftoei 48%1 1 6 49%.,.:: 45% • 41%.,,,. Contact Infoquest.614-761-3003 of ar5@mfoquestinv com vnth queslwns about the IMS 16 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Sample Surveillance Report: Sample surveillance report below has a summary of findings, photos then a date and timeline. all ti ! ( ) QUEST Investigation Report Aug 3 2021 s,�eje-t Erica 221ti w NCIooe IMS s Claim s Date of InluryrLoss Type of InpryiLoss 47680 211 j Feb 25 2021 Investigation Summary Surveillance was conducted on the subject.Erica I Ion Friday.6-25-21.Saturday.6-2621 Friday.7- 23-21.and on Saturday.7-24-21 to determine her current activities and abrities On 625-21.a canvass d the Alley Cat's Market Place. Ind numerous vendors inside the building with designated spaces The subject has one shelf against a wall displaying her.'Potions to Keep Your Life in Motion' She sells her product of oils.lotions etc and each item is tagged and priced for customers to bring to the cashier Ve°�do not Mann in he nresent tQ sell �{'av items Slave llance then continued at the subject's residence at 1 - I 11 The subject 1pf'w., c,..n rs„u.,GYF2520 She Was followed to a residence at 6 - - _ Jwhere she conducted some brief activity In the cargo area of her vehicle and later departed with a teenage female wearing a softball uniform She made a brief stop at a residence oft of I —Iwhere she appeared to have picked up an unidentified male.before she was fottowed to a Speedway crass Lion where she remained in the vehicle and to Cambridge City Parks.l U 1vfrere her softball team the Lady Rebels Lime 06.was playing in a tournament Prior to the first two games the subject was observed erecting a catch net.placing softballs on a tee tossing up softballs for batters to cot and giving the team a talk During the first game.the subject was observed coaching.giving hand signals encouraging players.sitting.squatting picking up a bat and giving high fives After the first game the subject left with an unidentified male In a Chevrolet truck.tag No GVT 1913.and returned before the second game During the second game the subject was observed performing the same actions as she hail in the first game and at one point.a ball came in her direction and she quickly jumped out of the way After the game she stood behind her vehicle as several items were loaded used the restroom before departing.and was followed to her residence (See video) On 6-26-21.the subject left her residence at I Ill her black Ford Escape.tag No GYF2520.I I jo-tiers her softball team.the Lady Rebels Lime 06 were playing in a tournament Prior to the game.the subject was observed erecting a catch net.placing softballs on a tee tossing up softballs for batters to hit and talking to the umpire During the game the subject was observed coaching giving hand signals encouraging playas;elbng squatting,picking up bats and giving high fives (See video) PRNILEGEO COMMUNICATION r-. a .I.:.,:.y:and n 'ded Solely lot Vie itlt and iM i?net.o. I _r-.._n...• I s.r_Yes;r_ aa5 e176e0 S. Palm 2 ca • On 7-23-21.surveillance was initiated all The subject was present and observed coaching her Lady Rebels Lime softball team During warm ups the subject was observed bending over to pick up softballs and placed them on a tee for batting practice DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 O15 041.680!S&Erect fl p Page 3 of 17 • Li , . !f .. 1 it . , lb a Surveillance Fri,Jun 25 2021 25 pm nllance is rotated at Alley Cats Marketplace Per a Webtap completed on 6-14-21 the sublet, y errs 2016 black Ford tag No GYF2520 is not observed The interior is divided into areas where vendors set their items Items are tagged and are brought to the check out The 5ub(ecl does root have a divided area rather she has a multi-level shell against the wall to the left as one enters and she sells oils lotions etc She has a business card and is an independent distributor for Ameo and is a Health and'Wellness Advocate She can be reached at or entails addresses of ISee Documents t and Report 1 53 pm Surveillance continues al l the residence is a two-story single-fami nome won an attacneo shlyle-car garage the Subject's 2016 Ford Edge is not observed and the garage door is closed According to USA Softball of Ohio the subject's learn Lady Rebels Lime 06'are playing in the Clash of Diamonds frith their first game al 6 00 p m.and another game at au p m r ney are in the tau a dNrslon No activity is observed (See Documents and Report tab) 2 45 pm The garage door opens An indrodual can be seen moving around but 1 cannot be determined at this tune if any vehicles are inside the garage 2 52 pm The subject leaves the garage driving her Ford Edge tag No GFV2520 PRIVILEGED COYYUNICATION The report it car*derui en0 N eerded wren le"no ode trio roll+,mdtnn MO*dent le*bon a N ee4Mked 18 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Sample WebTAP Report(Social Media & Background Investigation) ]aim No:21G85J575299 >age1of15 MS No:47435 WebTAP Investigative Report Subject: SS*: �0�Address: DOB: 9-3 Investigator: D.Cross Report 6-14-2021 INFOQUEST Date: A WebTAP Internet Background Investigation conducted on the subject revealed she runs summary: POTIONS TO I MARKETPLACE(3/2019-Present) where she sells homemade health and beauty products.She was also found as being the HEAD COACH of the softball team LADY REBELS LIME'06(8/2019-Present).Recent posts and videos indicated she is actively coaching and running her booth.On 5-2-2021,she posted a photo of 3 jars of lotion that she was selling at i pace saying,"Better Than Botox Stocked up for Art on the Alley."Debra' kommented,"It was so crowded in there when we went I couldn't find your booth. I was wanting one of those."The subject replied that she"moved to the left hand side on the back wall now.j IIN MOTION has a Facebook. They reported a contact number o id a company website at:1 �. This profile was last publicly updated on 6-2-2021,when she posted a wrinkle cream saying the following:"Better Than Botox"organic wnnkle&fine line reducing night cream back in stock at 4 I."On 3-6-2021,she posted a photo of her stand at I saying,"Grand Re-opening Happening Now 10-5p!!Stop down&Check out the local artists Food Trucks&Live Musk—at I"On 2-28-2021,she said,"Getting ready for Alley 1 handmade with love.Finding is located at 115 Allen Lane SW This business has a website at: I The company's website listed the subject as being a vendor at this location.On her LinkedIn,she reported employment history as an ENTREPRENEUR at ZllA INTERNATIONAL This is the company she uses for her health and beauty products she sells.This is a DIRECT SALES company and distributors are considered independent contractors/ self-employed.They can earn as much as they sell.On Twitter she reported the following about herself:"Mother,RT(R),Lady Rebels Lime'06 Head Coach,Founder I Motion,Be Your Best You.Distractions are the enemy of greatness."This profile was last publicly updated on 6-7-2021,when she posted a photo of Lady Rebels Lime and their sponsors.On 5-17-2021,she posted that she was,"Looking for subs or potentially a permanent roster spot for the right fit.All positions considered as nothing is guaranteed on our team-you want it-you work for it.Contact me or AI I for private tryouts and/or practice schedulel I() DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Internet Sources Angie's List aear Ale sewer Bowl Clear CLEAR/ _ is _.. Thomson Reuters she nue raffic registered motor vehicle:a 2016 Ford Edge,OH Tag No.GYF2520.(See'Documents& Report) Craigslist Oear Facebook • interest(See'Moments&Report) -- - Q102,...et n waDa.s sa.aa aMr.sQD COeraaKATtrr The aeon a oonram are n named serer b We use are nbnueon a ne.Jo.In won e a Wasee INIGAINER Tr Mite erearaL••a ebrrs,rasa Yaw Ya Own ob.*aeapre,rsor eena..reay OW NI Ora to earr asv.aao.by "SO Nib to emcee a Gads waea Web aaoaa r n a Draw Wined es nimble ey mare era.Hodder.rand+La aYw Forty miryar -n.aapara teporr eau uaarad N sae rams as b roue a,aD%curia Inioe.amu .eyore wee.*uamUra same ear Year was a listed a Yaw The mooned.sedan SOON own a raa m aM Off.ar-am Tor Woe ear be tad tr-Dr PeOaaa as a.*aoyy,a,adcYa m or bar Massy b Me embers Yaw '0 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C31 036661 1 3 Indeed dear Instagram 'file was ect. . °c•24.. (inkedln ' She om as her eople work." AL.She e- of study 2010); and WW1 nbw,wl M...e.e Services As eI1MltO[b COMMOK.11011,ns,emn s cmrow.r st a+vm..rr b IN.use and idar'uean d M d.t to wee...Mooed e.wooed cea_*NIER'.pods at.nr'rasa.vw.r,w,nyw.a eeww n.Own obtained two*nub*wows.naeeybs not lam la atone ay.a..by algyu1..b b sowc..d own'cord.W,es morn.Mil,w want,harm).rSeeb b/e4ae*LW.14.1rAir.Mbq,.I Ltd.ed ke Wry,.,..by As dare Thefts.,man.,a,Ia taxlmlwM er nea wads.e„d sham ow.pw v idle*mooy wdon,.eu,aera.d earn Me.ewao o.rm`erd scot noese,..ea skiduld be downed.loose,Thy wafts,.*wS sa.you Oa need on only✓m..rMb'n,1.,eat raid a*b. 4WV w.vo.....a�,.d e.auy,w•P mtir*b e.n or wad...anlyw,o to eel 0..1 sew Oaim No.21G85)575299 Page 10 of 15 1145 No'.47435 endorsements:social media,leadership,research,public health,event planning, costa ests are in cot on Blvd. ate is at: lspected ual8y distributors are considered independent cOrltladtors/s -eT per yed.They can earn as much as they set. ?I DocuSign Envelope ID CB343231-84A9-452B-B7F1-6C3103666113 INFOQUEST November 8, 2021 City of Miami Beach Procurement Department 1755 Meridian Avenue, 3`d Floor Miami Beach,FL 33319 Re: 2022-015-WG Mr. Garviso, Infoquest Information Services, Ltd.,Est 1994,Florida Private Investigative Agency License# A 1900153 is a licensed,professional workers' compensation and insurance defense investigative firm.We are very interested in becoming a vendor and resource to Miami Beach and believe our experience,knowledge,methodology, state-of-the-art web-based technology to communicate fmdings and forward-thinking investigative techniques and programs will meet your needs and expectations on a consistent,timely and cost-efficient manner. In response to your RFQ we submit the following Table of Contents: TAB 1 1.1 —Cover letter and Table of Contents(Page 1) 1.2-Minimum Eligibility Requirements(Page 2) 2.1 -Organizational Chart(Page 3) TAB 2 2.2-Relevant Experience of Prime Proposer(Page 4-5) 2.3—Relevant Experience of Sub-consultants/Sub-contractors(Page 5) TAB 3—Approach and Methodology/Services/Sample Reports (Page 6-21) Respectfully, chow toiderifoir James C. Anderson Founding Partner 2000 W.HENDERSON ROAD SUITE 300 COLUMBUS,OHIO 43220 P 614.761.3003 800.761.0592 F 614.761.0680 infoquestinv.com DocuSign Envelope ID.CB343231-84A9-452B-B7F1-6C3103666113 1.2 Infoquest Information Services,Ltd.—Minimum Eligibility Requirements Infoquest Information Services, est. 1994 in Columbus, OH is a Workers' Compensation and Insurance Defense investigative firm. Our Florida Private Investigative Agency License A 1900153 issued 12/17/2019 and expiring 9/5/2022 is pictured below. We have a substantial staff of dedicated, experienced, licensed,professional investigators to handle all assignments promptly and thoroughly in a timely,cost-efficient manner.All investigations are handled lawfully without bias or prejudice. We carry$5 million comprehensive liability insurance coverage. 1,- 1.:.._'A�, Ij,,.; it l:aka�...,..•r `ti. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES 1 NICOLE"NIKKI"FRIED COMMISSIONER I 4 DIVISION OF LICENSING 12/17/19 09/05/22 A 1900153 DATE ISSUED DATE OP EXPIRATION LICENSE NUMBER ''' INFOQDEST INFORMATION SERVICESLTD, LLC. ''i 4790 85111 PLACE .14 < SEBASTIAN,FL 32938 , > 1v ANDERSON,JAMES C,OTHER t }f GORCLYCA,KENNETH [D,OTIIER r nj;, HUGHES,JOHN A,OTHER ► ,1,... WAONIiR,RICHARD,OTHER w t I ' • THE PRIVATE I,CHAPTER 493,GKA('Y NAMED ABOVE IS LICENSED AND REGULATED UNDER TI IE r PROVISIONS OF CHAPTER 493.FLORIDA ti IA'R1TES. , oNICOLE"NIKKI"FRIED COMMISSIONER PRIVATE INVESTIGATO LICENSE STATE OF FLORIDA C 2900495 MEFFOCD, l^ALLIAM G t 09/01/1970 M U '`. 09/12/2023 The above named individual Is licensed by the Department of Agriculture and Consumer Services,Division of Licensing In accordance with Chapter 493 Florida Statutes. NICOLE"NIKKI"FRIED COMMISSIONER Ad DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 Resident Agent—22 years experience 2.1 —Infoquest Information Services—Organizational Chart _ Hailey Kinsler-Desktop Investigator _ Denise Price-Desktop Investigator Josh Utrup Director Matt Bean-Desktop Investigator Donna Dockery Director Intelligence Unit Adam Knopf-Desktop Investigator _ Jacob Raleigh-Desktop Investigator Jim Anderson Founding Partner _ Devin Cross-Desktop Investigator —Steve Butler-Field Investigator _ Charles Mefford-Field Investigator William Mefford James D.Rice-Field — Director of Investigations Investigator (Disabled Veteran) Ignacio Bone-Field Investigatator —Paul Miyares-Field Investigate 3 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 2.2—Infoquest Information Services—Relevant Experience of Prime Proposer Infoquest Information Services, est. 1994 is a Workers' Compensation and Insurance Defense investigative firm. We only represent the entity and do not engage in Private Investigation for individuals. We offer an array of traditional investigative services including manned and unmanned surveillance,activity checks, interviews,comprehensive criminal and civil litigation background investigations,medical canvass, social media and deep Internet mining. We also offer forward thinking programs such as Video Job Descriptions and Incident Reenactment to allow medical practitioners and adjudicators to fully understand the loss facts,physical requirements of one's job duties and mechanism of injury.We have a substantial staff of dedicated, experienced, licensed,professional investigators to handle all assignments promptly and thoroughly in a timely,cost-efficient manner. All investigations are handled lawfully without bias or prejudice. We are active in the industry and members of multiple organizations. Infoquest has roughly 300 open investigations on daily basis for various large insurance carriers, Third Party Administrators and Self-Insured employers, Law Firms,Government agencies and entities. We average 20-25 open investigations in the State of Florida on a daily basis. 2a: We rarely have specific project names;however,conduct workers' compensation investigations and surveillance on daily basis based on our client's needs and concerns on a given claim. William Mefford,our Resident Agent and Director of Investigations has 22 years of investigative experience and management. William is formerly military intelligence and works with all of our Florida investigators daily and throughout the investigation. Donna Dockery, Intelligence Unit Director manages all desktop investigations including medical canvass, social media investigations and comprehensive background investigations. Additionally,Josh Utrup, Director and James Anderson Founding Partner are involved with management and oversight of all investigations to ensure all assignments are completed to our clients needs and expectations. 2b: (See 2a) 2c: Infoquest has over 1000 clients nationwide including large insurers such as Nationwide Insurance,Third Party Administrators such as Sedgwick Claims Management, Self-Insured employers such as The Cleveland Clinic,General Motors,United Parcel Service and many others and governmental agencies including many throughout the State of Indiana and Ohio. 2d: Vincent Vossel,VP, Sedgwick Claims Management, 1230 Diehl Road, Suite, 300 Naperville, IL 60563—630-774-3332—Vincent.vossel@sedgwick.com. Sedgwick is a global and leading Third Party Claims Administrative(TPA)company. Infoquest is in a select group of preferred vendors conducting surveillance, social media,background,medical canvass and other workers' compensation and insurance defense investigations on behalf of their many self-insured,national and local clients on a daily basis. Infoquest handles multiple investigations throughout the State of Florida for Sedgwick and its clients on a daily basis. 4 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 2e: Investigative rate for above is$61/hr. with$50/hr travel up to 3 hrs and$30.50 per day reporting. Medical Canvass is$150; Social Media is $150 and Comprehensive Background to include Social Media is$300. All fees as set by Sedgwick vendor services agreement.Unless directed otherwise, Infoquest prefers a flat rate pricing model for all clients for consistency no matter the location of the investigative need. 2f: The term is automatic annual renewal. 2.3 — Infoquest Information Services—Relevant Experience of Sub-consultant(s)/Sub- contractor(s) We only sub-contract in areas where we do not have investigators and at the approval of our clients in which case,we enlist a reputable insurance defense investigative firm. 5 DocuSign Envelope ID:CB343231-84A9-452B-B7F1-6C3103666113 III 1 i`v I () QUEST November 8,2021 City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, FL 33319 Re: 2022-015-WG Mr. Garviso, Infoquest Information Services,Ltd.,Est 1994, Florida Private Investigative Agency License# A 1900153 is a licensed,professional workers' compensation and insurance defense investigative firm. We are very interested in becoming a vendor and resource to Miami Beach and believe our experience,knowledge,methodology, state-of-the-art web-based technology to communicate fmdings and forward-thinking investigative techniques and programs will meet your needs and expectations on a consistent,timely and cost-efficient manner. In response to your RFQ we submit the following Table of Contents: TAB 1 1.1 —Cover letter and Table of Contents(Page 1) 1.2-Minimum Eligibility Requirements(Page 2) 2.1 -Organizational Chart(Page 3) TAB 2 2.2-Relevant Experience of Prime Proposer(Page 4-5) 2.3—Relevant Experience of Sub-consultants/Sub-contractors(Page 5) TAB 3 —Approach and Methodology/Services/Sample Reports(Page 6-21) Respectfully, (Tames C If,rcdesoir James C.Anderson Founding Partner 2000 W.HENDERSON ROAD SUITE 300 COLUMBUS,OHIO 43220 P 614.761.3003 800.761.0592 F 614.761.0680 infoquestinv.com