HomeMy WebLinkAbout2009-318
1 RESOLUTION NO. 2009-318
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
3 ISSUANCE OF AN ANNUAL PURCHASE ORDER TO FIRE RECOVERY USA TO
PROVIDE BILLING SERVICES FOR HAZARDOUS SPILLS RESULTING FROM TRAFFIC
4 COLLISIONS.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION I. Fire Recovery USA, is the best responsible bidder regarding billing services
8 for hazardous spills resulting from traffic collisions, in accordance with Bid Specification #F-09-12;
9 SECTION 2. The City Manager is hereby authorized and directed to execute on behalf of
10 City a Services Agreement with Fire Recovery USA, a copy of which is attached hereto, marked
11 Attachment "A" and incorporated herein by reference as fully as though set forth at length.
12 SECTION 3. Said agreement will be for billing collection services for hazardous spills
13 fees for the period of August 3, 2009 through July 31, 2010 with two one-year renewal options;
14 contingent upon funds being available and allocated in the budget;
15 SECTION 4. The Purchasing Manager is authorized to issue an annual purchase order to
16 Fire Recovery USA. The annual purchase order is for one year with the option of two single-year
17 extensions. All other bids are hereby rejected;
18 SECTION 5. The Fire Recovery USA Annual Purchase Order shall incorporate by reference
19 this Resolution and Bid Specification #F-09-l2 and shall be paid for such services a percentage not
20 to exceed 20% of amounts collected on behalf of the City of San Bernardino Fire Department.
21 SECTION 6. The authorization to execute the above referenced Agreement and Annual
22 Purchase Order is rescinded if the parties to the Agreement fail to execute it within sixty (60) days
23 of the passage of this Resolution.
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2009-318
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE
2 OF AN ANNUAL PURCHASE ORDER TO FIRE RECOVERY USA TO PROVIDE BILLING
SERVICES FOR HAZARDOUS SPILLS RESULTING FROM TRAFFIC COLLISIONS.
3
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint
6 Common Council of the City of San Bernardino at a regular 1T'eeting thereof, held on the !...
7 day of September
, 2009, by the following vote, to wit:
8 COUNCIL MEMBERS: A YES
NAYS
ABSTAIN ABSENT
9 ESTRADA
x
10 BAXTER
x
11 BRINKER
x
12 SHORETT
x
13 KELLEY
x
14 JOHNSON
x
15 MC CAMMACK
x
16
~ ,'-~~C J:J UA/L~
Rac el Clark, City Clerk
17
18
The foregoing Resolution is hereby approved this ti?;u day of September 2009.
19
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23
Approved as to forn1:
24
JAMES F. PENMAN,
City Attorney
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2009-318
SERVICES AGREEMENT
FIRE RECOVERY USA, LLC
This Services Agreement ("Agreement") is made effective as of September 8
2009 ("Effective Date"), by and between FIRE RECOVERY USA, LLC., a California limited
liability company ("Company"), and CITY OF SAN BERNARDINO, ("City"). The Company
and City are referred to herein individually as a "party" and collectively as the "parties."
RECITALS
WHEREAS, Company engages in the business of performing billing and collection
services ("Company Services") for United States fire departments in connection with motor
vehicle accidents ("MV A") at which the fire departments provide emergency services;
WHEREAS, City seeks the services of Company to assist with the billing and collection
of charges for hazardous materials cleanup services that the San Bernardino Fire Department
("Fire Department") provides in connection with MV As; and
WHEREAS, Company and City desire to enter into this Agreement regarding the
Company Services to be provided to City.
NOW, THEREFORE, in consideration of the mutual representations, warranties and
covenants set forth herein and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Company and City agree as follows:
ARTICLE 1
ENGAGEMENT
1.1. Engagement. City hereby engages Company to provide the Company Services set
forth in the "List of Company Services" attached hereto as Schedule "A" and incorporated herein
by reference, and City hereby accepts such engagement, all on the terms and conditions set forth
herein. Company will determine the method, detail and means of performing the services
detailed below.
1.2 Tern1. The Term of this Agreement shall be for one year commencing August 3,
2009 through July 31,2010. The Agreement shall automatically ~'enew for two
successive single year periods (option 1 August 1,2010 to July 31, 2011; option 2 August
1,2011 to July 31, 2012) unless either Party gives the other Party notice of cancellation as
provided in Section 8.1.
ARTICLE 2
REPRESENTATIONS AND WARRANTIES
Received
SEP 1 7 2009
ATTACHMENT 'A'
San Bemudino City
Fire D~partmcnt
2009-318
2.1. Representations and Warranties of Company. Company hereby represents and
warrants to City that, at all times during the term of this Agreemen:, Company is a limited
liability company duly organized, validly existing and in good standing under the laws of the
State of Cali fornia.
2.2. Representations and Warranties of City. City hereby represents and warrants to
Company that, at all times during the term of this Agreement, Fire Department is a municipal fire
department and organized fire fighting unit established pursuant to the laws of the State of
California and ordinances of the City of San Bernardino in which Fire Department is located.
ARTICLE 3
COMPANY STATUS AND QUALIFICATIONS
3.1. Independent Contractor. Company enters into this Agreement, and will remain
throughout the term of the Agreement, as an independent contractor. Company agrees that it will
not become an employee, partner, agent or principal of City while this Agreement is in effect.
3.2. Payment of Income Taxes. Company is responsible for paying when due all
income taxes, including estimated taxes, incurred as a result of the compensation paid by City to
Company for services rendered under this Agreement. On request, Company will provide City
with proof of timely payment. Company agrees to indemnify City for ~ny claims, costs, losses,
fees, penalties, interest, or damages suffered by City resulting from Company's failure to comply
with this provision.
3.3. Use of Emplovees or Subcontractors. Company may, at Company's own expense,
use any employees or subcontractors as Company deems necessary to perform the services
required of Company by this Agreement. City may not control, direct, or supervise Company's
employees or subcontractors in the performance of those services.
3.4. Oualifications. Company represents that it is qualified and has the skills
necessary to perform the services under this Agreement in a competent and professional manner,
without the advice or direction of City.
3.5. Ownership Interest.
Department.
Company will have no ownership interest III Fire
3.6. No Benefit Contributions. Company shall have no obligation under this
Agreement to compensate or pay applicable taxes or provide employee benefits of any kind to
any person employed or retained by City.
3.7 Billing, Collections and Endorsement. Company shall bill and collect
("Collections") all revenue earned by and due to City, in connection with Fire Department's
clean-up of hazardous materials at the sites of MY As and may receive all Collections on City's
behalf. Company may give satisfaction for monies due on account and withdraw any claims
pertaining to or arising out of Company's or City's right to collect such amounts. Company may
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2009-318
take possession of and endorse in City's name any notes, checks, money orders, and any other
instruments received as Collections.
ARTICLE 4
GENERAL RESPONSIBILITIES OF COMPANY
4.1. Minimum Amount of Service. Company agrees to devote as much time and
attention to the performance of the Company Services under this Agreement as may be required
to provide the services described herein according to the highest industry standards.
4.2. Company Services. Contractor agrees to perform the Company Services related to
billing and collections set forth in the "List of Company Services" attached hereto as Schedule
"A" and incorporated herein by reference.
4.3. Non-Exclusive Relationship. Company may represent, perform services for, and
contract with as many additional clients, persons, or companies as Company, in Company's sole
discretion, sees fit.
4.4. Time and Place of Performing Work. Company may perform the services under
this Agreement at any suitable time and location Company chooses.
4.5. Materials and Equipment. Company will supply all materials and equipment
required to perform the services under this Agreement.
4.6 Workers' Compensation. Company agrees to provide worl,ers' compensation
insurance for Company and Company's employees and agents and agrees to hold harmless and
indemnify City for any and all claims arising out of any injury, disability, or death of any of
Company's employees or agents.
4.7. Non-Discrimination. In the performance of this Agreement and in the hiring and
recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or
agents to engage in, discrimination in employment of persons because of their race, religion,
color, national origin, ancestry, age, mental or physical disability, medical condition, marital
status, sexual gender or sexual orientation, or any other status protected by law.
4.8 Business Registration Certificates and Other Requirements. VENDOR warrants
that it possesses or shall obtain, and maintain a business registration certificate pursuant to
Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and
approval of whatever nature that are legally required of VENDOR to practice its business or
profession.
4.9 Assignment. Neither this Agreement nor any duties or obligations under this
Agreement may be assigned by Company without the prior written consent of City, which
consent shall not be unreasonably withheld.
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2009-318
ARTICLE 5
COMPENSATION OF COMPANY
5.1. Compensation for Company Services. All Company Services provided pursuant
to this Agreement will be provided in accordance with the terms, including compensation
amounts and schedule of remittance, set forth in the "List of Company Services," attached hereto
as Schedule A.
5.2. The provisions of Article II of this Agrecment will govern any dispute associated
with compensation.
ARTICLE 6
OBLIGATIONS OF CITY
6.1. Cooperation of City. Thc City agrees to comply with all reasonable requests of
Company and provide access to all documents reasonably necessary to the performance of
Company's duties under this Agreement.
6.2. Assignment. Neither this Agreement nor any duties or obligations under this
Agreement may be assigned by City without the prior written consent of Company, which
consent shall not be unreasonably withheld.
ARTICLE 7
CITY AUTHORIZATION
7. I. Authorization. Notwithstanding other provisions of this Agreement, Company
shall obtain authorization from City prior to performing any of the following:
(a) The sale conveyance, transfer, pledge exchange, assignment, hypothecation, or
encumbrance of City's interest in any sums owed to City; and
(b) All other limitations as stated by the terms of this Agreement.
ARTICLE 8
TERMINATION OF AGREEMENT
8. I. Termination on Notice. Notwithstanding any other provision of this Agreement,
either party may terminate this Agreement at any time by giving thirty (30) days written notice to
the other party. Unless earlier terminated as set forth below, this Agreement shall be effective as
of the date first set out above and shall continue for a period of two (2) years with City's option
to renew for two additional two (2) year periods. .
8.2. Termination on Occurrence of Stated Events. This Agreement will terminate
automatically on the occurrence of any of the following events:
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2009-318
(a) Bankruptcy or insolvency of either party.
Assignment of this Agreement by either party without the consent of the other party. The
parties agree that neither party will unreasonably withhold consent to such an assignment.
8.3 Termination for Default. If either party defaults in the performance of this
Agreement or materially breaches any of its provisions, the non-breaching party may terminate
this Agreement by giving written notification to the breaching party. Termination will take effect
immediately on receipt of notice by the breaching party or five (5) days after mailing of notice,
whichever occurs first. For the purposes of this paragraph, material breach of this Agreement
includes, but is not limited to, the following:
(a) Company's failure to complete the services specified In the Description of
Services.
(b) City's material breach of any representation, warranty or agreement contained in
this Agreement.
(c) Company's material breach of any representation, warranty or agreement
contained in this Agreement.
(d) Fire Department's yearly billable run volume is at or below six (6) runs.
ARTICLE 9
PROPRIETARY RIGHTS
9.1. Confidential Information. Any written, printed, graphic, or electronically or
magnetically recorded information furnished by City for Company's use are the sole property of
City. This proprietary information includes, but is not limited to, customer requirements,
customer lists, marketing information, and information concerning the City's employees,
products, services, prices, operations, and subsidiaries. Company will keep this confidential
information in the strictest confidence, and will not disclose it by any means to any person except
with the City's approval, and only to the extent necessary to perfonr. the services under this
Agreement. This prohibition also applies to Company's employees, agents, and subcontractors.
On termination of this Agreement, Company will return any confidential information in
Company's possession to City.
ARTICLE 10
INDEMNIFICATION AND INSURANCE REQUIREMENTS
10.1. Indemnification by City. City shall indemnify Company and hold it harmless
from any and all liability, including reasonable attorney's fees, caused by or resulting (i) solely
from any negligent or intentional acts or omissions of City or any officer, director, agent, or
employee thereof, or (ii) from any breach of this Agreement by City.
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2009-318
10.2. Indemnification by Comoanv. Company shall indemnify City and hold it
harnlless from any and all liability, including reasonable attorneys' fees, caused by or resulting
from (i) the negligent or intentional aets or omissions of Company or any officer, director, agent,
or employee thereof, or (ii) any breach of this Agreement by Company.
10.3 Insurance. Company agrees to continuously maintain, in full force and effect, the
following policies of insurance during the term of this Agreement.
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2009-318
COVERAGE
LIMITS OF LIABILITY
Workers Compensation
Statutory
Commercial General Liability
Bodily Injury:
$1,000,000 each occurrence
$2,000,000 aggregate
Property Damage:
$1,000,000 each occurrence
Personal Injury:
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability including
endorsements for owned,
hired and non owned vehicles
Bodily Injury:
$500,000 each occurrence
$1,000,000 aggregate
Property Damage:
$100,000 each occurrence
Company shall submit a certificate evidencing such coverage in a form satisfactory to the
City Attorney of CITY, prior to undertaking any work hereunder. CONSULTANT shall also
provide a separate endorsement form showing CITY, its officers, agents and employees as
additional named insureds for each type of coverage, except for Workers' Compensation and
Professional Liability. Such insurance shall specifically cover the contractual liability of
CONSULT ANT. The coverage shall be primary as to such additional insureds and no coverage
of the CITY shall be called upon to contribute to a loss. Said certificates shall provide for at least
thirty (30) days written notice to CITY prior to cancellation or modification of any insurance
required by this Agreement. CONSULT ANT shall furnish a certificate for the period covered by
this Agreement. Any insurance written on a claims made basis is subject to the approval of the
City Attorney. Insurance coverage in the minimum amounts set forth herein shall not be
construed to relieve CONSULTANT of liability in excess of such coverage, nor shall it preclude
CITY from taking such other actions as are available to it under any other provisions of this
Agreement or law.
ARTICLE 11
GENERAL PROVISIONS
11.1. Governing Law. This Agreement shall be governed in all respects by the laws of
the State of California, without giving effect to any choice or conflict of law provision or rule
(whether of the State of California or any other jurisdiction that would cause the application of
the laws of any jurisdiction other that the State of California).
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2009-318
1] .2. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties pertaining to the subject matter contained in it and supersedes all prior and
contemporaneous agreements, representations, and understanding of the parties.
11.3. Successors and Assigns. Except as otherwise provided herein, the provisions
hereof shall inure to the benefit of, and be binding upon, the successors, assigns, heirs, executors
and administrators of the parties hereto. No party may assign any of its rights or obligations
hereunder without the express written consent of the other party hereto, which consent may not
be unreasonably withheld; provided, however, any party may assign any and all of its rights and
interests hereunder to one or more of its affiliates and designate one or more of its affiliates to
perform its obligations hereunder; provided, however, that such party remains liable for full and
total performance of its obligations hereunder.
11.4. Notices. Any notices authorized to be given hereunder shall be in writing and
deemed given, if delivered personally or by overnight courier, on the date of delivery, if a
Business Day, or ifnot a business day, on the first Business Day following delivery, or ifmailed,
three days after mailing by registered or certified mail, return receipt requested, and in each case,
addressed, as follows:
If to the Company to:
Fire Recovery USA, LLC
219 Vernon Street
Roseville, CA 95678
Fax No. 9l6-290-0542Attention: Mike
Rivera
If to City to:
200 East 3'd Street
San Bernardino CA 92410
Fax No. (909) 384-5281
Attention: Michael Conrad, Fire Chief
with a copy to
The Watkins Firm, APC
4520 Executive Drive, Suite] 05
San Diego, California 9212]
Fax No.
Attention: Chris Popov, Esq.
with a copy to:
300 North D Street
San Bernardino, CA 92418
Fax No. (909) 384-5138
Attention: Charles McNeely, City Manager
11.5. Or, if delivered by telecopier, on a Business Day before 4:00 PM local time of
addressee, on transmission confirmed electronically, or if at any other time or day on the first
Business Day succeeding transmission confirmed electronically, to the facsimile numbers
provided above, or to such other address or telecopy number as any party shall specify to the
other, pursuant to the foregoing notice provisions. When used in this Agreement, the term
"Business Day" shall mean a day other than a Saturday, Sunday or a day on which commercial
banks in San Diego are generally closed for business.Amendments. This Agreementmay not be
amended orally, and no right or obligation of any party may be altered, except as expressly set
forth in a writing signed by such party.
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2009-318
11.6. Headings. The subject headings of the sections of this Agreement are included for
the purposes of convenience only and shall not affect the construction or the interpretation of any
of its provisions.
11.7. Severabilitv. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance, and the remaining provisions of this Agreement
shall remain in full force and effect.
11.8. Remedies/Waiver. All remedies available to either party for one or more
breaches by the other party are and shall be deemed cumulative and may be exercised separately
or concurrently without waiver of any other remedies. The failure of either party to act in the
event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a
waiver of future breaches, unless such waiver shall be in writing and signed by the party against
whom enforcement is sought.
11.9. Counterparts. This Agreement may be signed in several counterparts.
11.1 0 Expenses. Each party shall bear its own expenses incurred with respect to the
preparation of this Agreement and the consummation of the transactions contemplated hereby
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date
first written above.
CITY OF SAN BERNARDINO,
A municil1 I corporation
FIRE RECOVERY USA, LLC,
A California limited liability company
BY:
Approved as to Form
tGo
JAMES F. PENMAN, City Attorney
9
2009-318
SCHEDULE A
LIST OF COMPANY SERVICES
1. Fire Recovery agrees to bill the responsible party on the City's behalf for the Fire
Departrnent's clean-up of hazardous materials at the scene of MV As (Motor
Vehicle Accidents). The current rates are listed below, but may change over
time. Fire Recovery will provide 60 days' prior written notice to Fire Department
of changes in rates.
2. Fire Recovery will provide, as a norrnal matter of business; entry of claims and
submission to the responsible party, collections of rnonies deemed due to the
Fire Department, payments of the agreed upon percentage of said monies to
Fire Department, and reporting of progress.
3. Fire Recovery agrees to bill to the best of its ability all claims provided to Fire
Recovery by the Fire Departrnent.
4. Fire Recovery agrees to reirnburse Fire Department for a portion of the rnonies
collected at a rate of 83% of the total monies collected on the Fire Departrnent's
claims for the first six (6) months. Every six (6) rnonths Fire recovery agrees to
provide Fire Department with an audit of its collection percentage frorn the
preceding six (6) months. If the preceding six (6) months collection percentage
is equal to or greater than 65% of the amount billed on billable runs, then Fire
Recovery will be entitled to retain an additional 3% per month on monies
collected until the next six (6) rnonth audit. If a six (6) month audit shows the
collection percentage drops below 65%, then Fire Recovery will reimburse Fire
Department at the original rate of 83% for the following six (6) months. The
collection percentage will be based on "billable runs", defined as runs where the
at-fault billable individual has insurance coverage.
5. Fire Recovery agrees to pay these monies collected to the Fire Department on a
monthly basis, within seven (7) working days after the close and accounting of
the rnonthly billing cycle.
6. Fire Recovery agrees to provide monthly reports via e-rnail or standard rnail to
the Fire Department which detail billable claims outstanding (which are claims
submitted, but not yet cornpleted) and claims completed in the prior billing cycle.
7. Fire Recovery will not be responsible for, nor accept any liability for, any
erroneous, invalid, or illegal procedure codes or claims submitted to Fire
Recovery by the Fire Department on the Run Sheets.
.
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2009-318
F'I'R.E-R.EeOV'E'R.Y.U5il LLC
RFP F-09-12
Formal Bid for Fire Rescue Cost
Recovery
Billing for Hazardous Spills
219 Vernon Street
Roseville, CA 95678
Phone 888-640-7222
Fax 916-290-0542
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City of San Bernardino, Finance Departrnent
Purchasing Division
Hid Documents to Be Returned
RFP F-09-12
FIRE RESCUE COST RECOVERY
(BILLING FOR HAZARDOUS SPILLS)
Title Page
Cover Letter / Letter of Introduction
Project Approach
Project Staffing
Vendor Qualifications and Project Experience
References
Cost Proposal
Authorized Binding Signature(s)
Claim History
Proof of Insurance
Addendum Received (City Form) iV Fo""s
Non-Collusion Affidavit (City Form) IV Fo""s
Listing of Proposed Subcontractor (City Form) IV Fo""s
90 Day Proposal Validity Statement III Addl.lonal Requirements. VI General Spedfica'ions#4
Copv of Manufac\urer's and/or dealer warranty
Spedfi'ca"ons '10 ,J..- / ~
Copy of Contractor License VI General Specifications .35
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and/or guarantee VI General
Offeror(s) are reauested to submit this checklist completed with all bid
documents.
.J
2009-3l8
__II_MIL
Mike Rivera
Vice President. Business Development
219 Vernon St.
Rosevi1le, CA 95678
WoNW.firerecoveryusa.com
Phone: (888)640.7222
Cell: (916) 698.3388
Fax: (916) 290.0542
mike@firerecQveryusa.com
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2009-318
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Providing Funds to Our Fire Departments
www.firerecoveryusa.com
June 5~, 2009
City of San Bernardino
Finance Department
300 North "0" Street. 4th Floor
San Bernardino, CA 92418
RFP F-09-12
Formal Bid for Fire Rescue Cost Recovery
Billing for Hazardous Spills
Dear City of San Bernardino:
Thank you for the opportunity to provide a proposal of our plan to rneet your needs for
this project.
In the following pages we will show our approach to this project and how we will
accomplish the task in the most efficient rnanner, while providing you with the very best
customer service and highest level of funds recovered.
We have met or exceeded all of your specifications. This is no other company that has
our extensive history in working with California fire departments nor that has a
specialization in California law and vehicle codes such as ours.
We are very confident in our ability to implernent a recovery program that will surpass all
of your expectations. We look forward to a long relationship with the City of San
Bernardino.
Please feel free to contact us if you would like clarification on any aspect of this
proposal.
/~
Michael Rivera
Fire Recovery USA
mi kerivera@firerecoveryusa.com
219 Vernon Street
Roseville, CA 95678
Phone 888-640-7222
Fax 916-290-0542
2009-318
0 0
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Project approach, questions
-- affirmed & answered.
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... California Account List
CD &
Articles of Incorporation
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0 en Subcontractor List
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Sample Contract
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2009-3] 8
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Providing Funds to Our Fire Departments
www.firerecoveryusa.com
June 5r.., 2009
City of San Bernardino
Finance Department
300 North "D" Street, 4th Floor
San Bernardino, CA 92418
Formal Bid for Billing for Fire Rescue Cost Recovery
Dear City of San Bernardino:
o
The following is our Formal Bid for Billing for Fire Rescue Cost Recovery for the City of
San Bernardino, RFP F-09-12. Thank you for taking the time to consider our system for
your city.
We currently have a business license in the city of City of Roseville, CA and will
obtain a license, as needed, in the City of San Bernardino if we're awarded the
contract.
Subject of Proposal: We bill on your behalf, for the services you provide during an
incident, per your city resolution. You can choose which of the many services you'd like
us to bill for, which currently include: Motor Vehicle Accidents (MVAs), Vehicle fires,
Structure fires, Marine Vessel fires, Hazmat calls, False Alarms, Bomb Squad calls, Gas
Pipeline Repair/Supervision services, Arson Investigations, and Environmental Clean-up
services. We will bill at the rates defined by the San Bernardino City Resolution(s).
Although billing for fire services sounds simple, how we generate our high recovery rate
is very sophisticated. Some Fire Departments do perform in-house billing; unfortunately,
they typically see a low recovery rate (between 10-15 percent). This low rate can be
attributed to the fact that insurance companies are experts at not paying and the typical
Fire Department or city is not equipped in the field of insurance billing.
o
We use advanced methods resulting in a proven higher recovery percentage (historically
over 70% of total runs - not just "f1uid-on-the-ground runs), which is the best in our
industry. So what makes us different?
219 Vernon Street
Roseville, CA 95678
Phone 888~40-7222
Fax 916-290-0542
2009-3] 8
o
We have several innovative techniques in our system including methods that we've
developed during our years of billing experience that informs insurance companies of
their fiscal responsibilities. While this alone would guarantee us to equal or exceed our
competitors, the real basis for our high recovery percentage is our ability to gather the
necessary information to recover funds for a call that would otherwise be written off as
unrecoverable by others.
What our clients really appreciate is our ability to track down the necessary information
of those persons involved in the incidents. We have investigative techniques (both live
and software-based) that allow us to find most of the necessary facts. In addition, we
require the least amount of information from the Fire Departments to create a bill
(name of individual, phone number or address, and the name ofthe insurance
carrier) . that's itl We believe that this is our responsibility and not the Fire
Department's.
We are the only fire service billing company in association with the International
Association of Fire Chiefs. As such, we will provide five (5) yearly memberships
in the IAFC for each year our contract with the City of San Bernardino is in force
for 90 days (from the initial run submission date).
Bottom line: if you employ our billing service, you will enjoy, not only our excellent
customer service and training, but also be confident you have the highest recovery
percentages possible.
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How It Works: Our system is very simple. Run submission can be done in one of two
ways:
1. Upon return to the station, you can fax our one-page Run Sheet.
2. Upon return to the station, you can submit the run using our Online Run
Submission site.
Once submitted, we go to work in claim recovery. The status of each run is available
24/7 online on our password protected site to allow you to forecast incoming funds and
plan for their use.
On or before the 7th of each month, we'll mail to the City of San Bernardino, a check for
all payments received prior to the prior month's cut-off date (typically the 24th), minus our
collection fee. This will also include an itemized breakdown of what runs the check is
paid against.
o
We would provide on-site training to your personnel and new-hires assigned to submit
the runs to us. This training would be conducted on a 48/96, 3 platoon shift during
regular business hours and encompass both filling out and faxing the runs sheets to us
as well as using our Online Run Submission system. It is an extremely simple process
(training is less than 2 hours per group), however, we will insure all those taking part in
our program are fully trained and competent with our procedures.
2009-318
o Term of the Contract: The initial term of the contract is one (1) year, with an option
to renew for two (2) additional one-year periods.
Personnel and Leadership Team: Fire Recovery USA, LLC evolved over a period
of several years. Although the current company was formed in early 2007.with the
addition of a third partner and the relocation of our headquarters, it was birthed from the
original Fire Recovery USA which began in late 2006.
Several years ago, Troy Walsh, one of our founders, recognized that fire departments
throughout the country were facing declining budgets. Being from the fire service, he
wanted to find some way to help replace those funds. During his investigation, he found
that some fire departments have been billing for some of their services for over a
decade. For two years, he looked into the legality of the concept, interviewed the major
players in the industry, and asked why every department doesn't bill.
He found that most fire departments are simply unaware of their right to bill, or that those
that do bill "in house" have extremely low collection percentages. He also learned that
private collection companies, while much better, left a lot of room for improvement.
o
A search began for a team of individuals who would have the necessary skills to put
together a fund recovery program that would be like any other. The goal was a
company that could offer both the best customer service and the highest funding
percentage in the industry. Troy's desire was to meet the needs of fire departments to
improve their capabilities through increased funding, and therefore provide better
equipment, more manpower, etc.
After exploring the business operation and legalities, he invited Mike Rivera to be part of
the team in order to develop the business plan and to pull the various business
components together. Mike has over 18 years of experience in starting, growing,
managing, and developing businesses.
Not only was Mike immediately taken with the concept, but, after investigating the
industry, saw a real way for Fire recovery to be superior to any other similar service in
the industry. We moved slowly and strategically. We made sure not to promise
any1hing we couldn't deliver. We wanted to see our estimates exceeded on a regular
basis, so we took our time developing the best team possible.
Mike had a relationship with Greg Schmidt, a businessman with over 15 years
experience in the collections field. Although Greg is an owner/partner in several
successful companies, his main business, VGS Associates, has developed large ($100
million plus) accounts in contingency billing and collections with a client base of primarily
Fortune 500 companies. Bringing him in as a partner in the operations side of the
company also brought his management team.
o
Greg's team includes Rick Benner as head of our Business Operations. Rick, the former
President of the Sacramento Kings basketball team, has 19 years experience in
operations and finance. His tenure with the Kings also included stints as Chief
Operating officer, Executive Vice President, and Vice President of Finance.
2009-318
o Our team also includes Lindsey Buchanan who oversees our collection department and
spearheads our on-line reporting (where the Fire Chiefs have access 24/7 to what bills
have been submitted, where they are within the collection process, and when they can
expect payment).
Of course, we also have accounting and legal teams, as well as local support employees
(marketing, collections, administration, etc.) in our main office in Roseville, California.
Through our local organization and nationwide affiliates, we have over 120
representatives nationwide to provide sales, training, and support.
California Clients & References:
We have vastly more experience in California than any other competitor. We
currently have 26 California clients, while our closest competitor has two (a list of
our California clients is provided in this package). Below are some references.
City of Pinole Fire Department
Jim Parrott
880 Tennent Ave.
Pin ole, CA 94564
o (510) 724-8974
Foresthill Fire Protection District
Keith Drone
P.O. Box 1099
Foresthill, CA 95631
(530) 367-2465
Nevada County Consolidated
Tim Fike
11329 McCourtney Road
Grass Valley, CA 95949
(530) 273-3158
Penryn Fire
Mitch Higgins
7206 Church St.
Penryn, CA 95663
(916) 663-3389
o
2009-318
.......
'-' Pioneer Fire
Peter Shurville
7061 Mount Aukum Road
Somerset, CA
(530) 620-4444
North County Fire
Bill Metcalf
330 So. Main St.
Fallbrook, CA 92028
(760) 723-2012
City of Hemet
Matt Shobert
1035 So. Cawston Ave.
Hemet CA 92545
(951) 765-2460
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Montezuma Fire District
Joe Rosewall
21 N 4th Street
Rio Vista, CA 94571
(707) 374-5962
OIancha Cartago Fire
Steve Davis
PO Box 64
Olancha, CA 93549
(760) 793-0111
Loomis Fire Proto Dist.
Barbara Leak
PO Box 606
Loomis, CA 95650
(916) 652-6813
Sutter-Basin Fire Dept.
Sam Martin
PO Box 68
Robbins, CA 95676
(530) 681-5218
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2009-3] 8
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,... Personnel
In our California facility:
. Troy Walsh - VP of Sales
. Mike Rivera - VP of Business Development
. Greg Schmidt - VP of Operations
. Rick Benner - COO
. Lindsay Buchanan - Recovery Division Mgr.
. James Robinson - Recovery Division Asst. Mgr.
. Kevin Trost - Western Region Sales Manager
. Chris Valenzuela - Sales Account Representative
. Mike McBride - Sales Account Representative
. Scott MacKenzie - Sales Account Representative
In addition, we have over 110 sales and training support personnel in the
following regions:
. Atlanta, GA . Anchorage, AK
. Washington, D.C. . Englewood, CO
. Indianapolis, IN . Exton, PA
- . Fremont, NE . Highland, NY
~ . Houston, TX . Williams port, MD
. Tempe, AZ . Chesapeake, VA
. Vancouver, WA . Charlotte, NC
Personnel Specifically Assigned to City of San Bernardino:
1. Troy Walsh - Account Manager and Training.
troy@firerecoveryusa.com - 916-789-1525
2. Dedicated Local Employee - We will place a dedicated support, training, and data
input person to work within your facility at the City of San Bernardino. This person will
act as an inside liaison to insure all runs are input correctly, assist in training new hires,
and make themselves available to the City of San Bernardino to insure our program is
run effectively and efficiently. This person will be hired by Fire Recovery USA with the
approval and recommendation of the City of San Bernardino Fire Chief. This employee
could be retired fire personnel or a retired city employee, etc.
3. Mike McBride - Outside Account Liaison.
...
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2009-318
.....
Vendor Proposal Requirement Questions:
a) Our fees are performance-based, insuring you receive our very best effort and don't
pay us our full fee if we don't produce to our standard.
Our fee will begin at 17%, of only what we collect.
Every six (6) months Fire recovery agrees to provide the City of San Bernardino with an
audit of its collection percentage from the preceding six (6) months. If the preceding six
(6) months collection percentage is equal or greater than 65%, then Fire Recovery will
be entitled to retain an addition 3% per month on monies collected until the next six (6)
month audit.
If a six (6) month audit shows the collection percentage drops below 65%, then Fire
Recovery will lower or fee back to 17% for the following six (6) months.
The collection percentage will be based on "billable runs", defined as runs where the at-
fault billable individual is a non-resident and has insurance coverage.
There are no other charges or hidden costs.
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b) At this time, there are no other services offered other than billing services. Our
current billing services include: Motor Vehicle Accidents (MVAs), Vehicle fires, Structure
fires, Marine Vessel fires, Hazmat calls, False Alarms, Bomb Squad calls, Gas Pipeline
Repair/Supervision services, Arson Investigations, and Environmental Clean-up
services.
c) Our official policy is that no confidential information will be released to anyone other
than the password protected person(s) authorized by the City of San Bernardino and the
insurance company(s) involved in the incident. Our Internal Control Policy is only those
employees in our Recovery Department who are authorized to input and track claims will
have access to confidential information on any claims and the individuals involved in the
claims.
d) Please see sample contract provided. The pricing structure is explained above, in
item (a).
e) Our Recovery Department has a collection rate of over 75% based on "billable" MVA
runs. We consider a run "billable" if the person involved has current insurance coverage
and is the driver "at-fault". We have consistently maintained this collection
percentage for over one year.
~...
'-
. It is very important to understand that our collection percentage is based on total runs,
not just the much-easier to collect ''fluid spill / absorbent-based runs. If we required
fluids to be on the ground to trigger a billable-event, our collection percentage would
be even higher. Our collection percentage is based on all runs, even the difficult to
collect "traffic-control" runs.
.
2009-3] 8
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.....
Here is our latest CLAIM HISTORY statistics log from last week:
Recoverv Claim Historv Statistics - Mav 29. 2009
Total Received to Date: $209,077.81
Average Claim: $678.82
Total Denied to Date: $65,629.00
Average Denied Claim $690.83
Total Collection Percentage To Date: 76.11%
Total Days Between Reports 31
f) Affirmed. We will bill all runs at the rates per your approved city ordinances and
resolutions.
g) Affirmed. All disputes are reported and in addition, available 24/7 on our secure
online reporting site.
,-
,... h) Affirmed.
You can access a training site by going to our website: www.firerecoveryusa.com
You then click: "Online Ruin Submissions"
You then click: "Run Submission Site Link"
i) Affirmed. One access level provides for run submission only and a second, higher-
level access provides full reporting of runs, including: Daily, Monthly, Quarterly,
Annually, Year to Date, by Districts, by Station, by Type of Service Performed, Accounts
Receivable Aging, Month End Statements, Billing and Claims, and more.
j) Affirmed.
k) Affirmed. One access level provides for run submission only and a second, higher-
level access provides full reporting of runs, including: Daily, Monthly, Quarterly,
Annually, Year to Date, by Districts, by Station, by Type of Service Performed, Accounts
Receivable Aging, Month End Statements, Billing and Claims, and more.
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2009-318
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......
I) All electronic records are kept off-site in a secure server. You will find additional
information on our software and computer system below, however, here is the specific
information on Daily Backups and Fail-Safes:
. Entire server facility on UPS
. 2 Layers of diesel generators
. Redundant Ethernet links
. Compact zone dry pipe fire suppression
. Our production files are backed-up nightly with weekly off-site storage. In
addition to servers in Texas we have secondary access to a server in Oakland, CA.
m) Our official policy is that no confidential information will be released to anyone other
than the password protected person(s) authorized by the City of San Bernardino and the
insurance company(s) involved in the incident. Our Internal Control Policy is only those
employees in our Recovery Department who are authorized to input and track claims will
have access to confidential information on any claims and the individuals involved in the
claims.
n) Affirmed.
--..
~ 0) Affirmed.
p) Affirmed. Full reporting of all checks and deposits will be provided each week.
q) Affirmed.
r) Affirmed. In addition, Fire Recovery will provide a report of our yearly audit that we
will make available to all of our clients.
s) Affirmed. We provide unlimited, live, on-site training to all personnel now and in the
future. This training is typically conducted on a 48/96, 3 platoon shift during regular
business hours and will encompass both filling out and faxing the runs sheets to us as
well as using our Online Run Submission system.
It is an extremely simple process (training is less than 2 hours), however, we will insure
all those taking part in our program are fully trained and competent with our procedures.
We can respond quickly to any issues you have (in person, if necessary, as our office is
five minutes away).
......
In addition, we will place a dedicated support, training, and data input person to work
within your facility at the City of San Bernardino. This person will act as an inside liaison
'-
2009-318
,....
~
to insure all runs are input correctly, assist in training new hires, and make themselves
available to the City of San Bernardino to insure our program is run effectively and
efficiently. This person will be hired by Fire Recovery USA with the approval and
recommendation of the City of San Bernardino. This employee could be retired fire
personnel or a retired city employee, etc.
t) Affirmed.
u) Our computer system is as follows:
HARDWARE AND SOFTWARE INFRASTRUCTURE:
Software - custom written to our proprietary collection system.
. Programming Language - PHP
. Database - MYSQL
-
\w.
Servers
. Dell Dual Xeon 3.0
. 2x2MB cache
. 4 GB RAM
. 6x36gb 15krpm SCSI
. RAI D50
. Managed backup for up to 1 TB
. Shared firewall
. Fully Managed 24x7 support
Data Center - Security features
. 5 layers of biometric locks
. 24/7 Video recording with 30-day retrieval
. 24/7 Multi-man security
. Self-powered kinetic locks on each cabinet with individual codes
Backups and Fail-Safes
. Entire facility on UPS
. 2 Layers of diesel generators
. Redundant Ethernet links
. Compact zone dry pipe fire suppression
. Our production files are backed-up nightly with weekly off-site storage. In
addition to servers in Texas we have secondary access to a server in Oakland, CA.
-
~
2009-3] 8
-
....
System Implementation Plan: Unless directed otherwise by the City of San
Bernardino, this will be implemented in the following manner:
. We will setup your Online Run Submission Site with passwords.
. We will provide our Online Run Submission Training Manual and PowerPoint.
. We will provide faxable Run Sheets (for use "on-site" during the billable event,
and or in the event you choose not to use, or are unable to use the online
system).
. We will schedule training dates for the personnel you designate as run
submission contacts.
. We will provide an orientation for all personnel and training for administrative
personnel on the system setup and procedures as well as provide customer
service and onsite to the City of San Bernardino staff regarding billing questions,
fielding of complaints, setup of files and report run assistance.
. We will provide initial onsite training. This training would be conducted on a
48/96, 3 platoon shift during regular business hours and encompass both filling
out and faxing the runs sheets to us as well as using our Online Run Submission
system.
r-
~
Advantages of Fire Recovery USA:
1. We're the only California-based fire service billing company. We
specialize in California law and our income taxes stay in California to
support our cities and fire departments.
2. We require the least amount of information to create a claim. We
only request the name of the individual, their car license or phone
number or address, and the name of the insurance company. We do
not require your personnel to spend a great deal of time finding
insurance policy numbers, agent info, etc. This will lower your labor
costs versus a competitor that reQuires more information.
3. Because we're the only fire service billing company partnered with
and endorsed by the International Association of Fire Chiefs, with
our service, you are entitled to five (5) paid memberships in the IAFC.
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4. We offer more services you can bill for than any other company
(Motor Vehicle Accidents, Hazmat, Gas-Pipeline Repair, Car Fire,
Marine Vessel Fire, Environmental and Marina Clean-up, Arson
Investigation, Bomb-Squad, Structure Fires, etc.).
c
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.......
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2009-318
5. Our fee for service begins at 17%. When combined with our highest-
in-the-industry collection rate, you NET more with Fire Recovery,
even if a competitor's fee is less.
6. We will provide a local employee in your office to support, train, and
handle the data for the City of San Bernardino. This person will act
as an inside liaison to insure all runs are input correctly, assist in
training new hires, and make themselves available to the City of San
Bernardino to insure our program is run effectively and efficiently.
This person will be hired by Fire Recovery USA with the approval
and recommendation of the City of San Bernardino. This employee
could be retired fire personnel or a retired city employee, etc. This
will lower your labor costs versus a comoetitor that reQuires vou to
inout all the data.
I look forward to providing your organization with the best solution to your billing
program. Rest assured that our program will not only bring new funds to your fire
department, but also allow your personnel to focus on their jobs and not have to deal
with billing issues - that's our job.
Please feel free to email or call if you have any questions or require additional
information.
~
Michael Rivera
Fire Recovery USA
mikerivera@firerecoveryusa.com
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2009-3 ]8
~ FHlfRfOOvmY-U&1L
California Accounts
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1 . City of Pinole
2. Foresthill Fire Protection District
3. Pioneer Fire
4. Nevada County Consolidated
5. City of Penryn Fire Dept.
6. City of Upland
7. Montezuma Fire District
8. City of Olancha Fire
9. Dobbins/Oregon House Fire
10. Kirkwood VFD
11. Sutter-Basin Fire Dept.
12. Loomis Fire Protection District
13. Carpinteria - Summerland Fire Prot. Dist.
14. Georgetown Fire Prot. Dist.
15. Rio Vista Police Dept.
16. Rio Vista Fire Dept.
17. Newcastle Fire
18. Nevada City
19. City of Ripon
20. City of Roseville
21. Tuolumne Fire Dept.
22. North County Fire
23. South Placer Fire
24. Oakdale
25. City of Hemet
26. City of Woodland
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2009-318
LLC-1 File #20 0 8 0 81 1 0 3 7 7
State of California
Secretary of State
ENDORSED-FILED
'n Ille oIIIoe of Ille Sea8tary of SlIU
""1.,~ ~1!P rlr.afWomll
LIMITED LIABILITY COMPANY
ARTICLES OF ORGANIZATION
MAR 2] 2UU8
A $70.00 filing fee must accompany this fonn.
IMPORTANT - Read instructions before completing this fonn.
This Space For Fling Use Only
ENTITY NAME (End the name with the words LlrTUIed Uabllity Company,- 04"!he abtlt'8\llations -LLC. Of -LLC.. The words "Limited- anrJ "Cotrllany"
may be abbrevtated to ~Ud.. and "Co.: respectively.)
1. NAME OF UMITEO llABllITY COMPANY
FIRE RECOVERY USA, LLC
PURPOSE (The fojlovAng ,late""'" Is ",q"ired by .,atut. end should not be altered.)
2 THE PURPOSE OF THE LIMITED llABlUTY COMPANY IS TO ENGAGE IN my LAWFUL ACT OR ACTIVITY FOR Y\tiICH A LIMITED lIABILITY
COMPANY MAY BE ORGANlZEO UNDER THE SEVERt Y-KlUEA LIMITED LIABILITY COMPANY ACT.
INITIAL AGENT FOR SERVICE OF PROCESS (If the agent Is en IndMdull~ tho ogenr lOOSl ....... in CollfornJa and both ilems 3 <md 4 """" be
completed. If the agent is a corporation. the agen1 must have on file wtth the Callfomla Secretary of State a certificate pursuant 10 Corp0r'8000s Code
section 1505 and Item 3 must be completed' (leave hem <4 btank).
3. NAME OF INITIAL AGENT FOR SERVICE OF PROCESS
C THE WATKINS FIRM, A PROFESSIONAL CORPORATION
c
4 IF AN iNDIVIDUAL. ADDRESS OF iNITIAL AGENT FOR SERVICE OF PROCESS IN CALIFORNIA CITY
STATE
ZIP CODE
CA
MANAGE,MENT (chod< only one)
5 THE lIMITEO llABlUTY COMPANY 'Mll BE MANAGED BY:
[2] ONE MANAGER
o MORE THAN ONE MANAGER
o All LIMITED LIABILITY COMPANY MEMBER(S)
ADDITIONAL INFORMATION
6. ADDITIONAL INFORMATION SeT FORTH ON THE ATTACHED PAGES. IF ANY, 1$ INCORPORATED HEREIN BY THIS REFERENCE AND MADE A PART
OF THIS CERTIFICATE.
EXECUTION
7 I DEClARE I AM THE PERSON V.+fO EXECUTED THIS INSTRUM~ r.~un~N IS MY ACT AND DEED.
MARCH 20, 2008 ~ ~
DATE SIGNATURE OF ORGANIZER
CHRIS POPOV
TYPE OR PRINT NAME OF ORGANIZER
LlC.1 (REVC4nOO7)
APPROVED BY SECRETARY OF STATE
-- .- I
ACWmo9QERTIFICATE OF LIABILITY INSURANCE OATE (folMlODIYYYY]
04/30/2009
PRODUCER (407)783-3000 FAX (407)788-7933 THIS CERTIFICATE IS ISSUED I>S A MATTER OF INFORMATION
Insurance Office of America, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLOER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 162207 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Altamonte Springs, FL 32716-2207
INSURERS AFFORDING COVERAGE NAlC #
,...u... Fl re Recovery USA, LLC INSURER A. Hartford Insurance Company 00914
219 Vernon Street INSURER B: Pacific Wholesale 8rokers
Roseville, CA 95678 I"'-">URERC:
~~RD.
INSURER E:
COVERAGES
...
THE POlICIES OF INSURANCE L"TED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POlICY PERKlD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THlS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POl crES DESCRIBED HEREN IS SUBJECT TO AlL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
-"iES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlD CLAIMS.
II~~ D' TYPE OF INSURANCE POUCY NUMBER pp.~Y EFnCTI PQ':IS-V . u"""
~NERAl UABlUTY ZlS8MIG9495 05/01/2009 05/01/20]0 EAOi OCCURRENCe S 1,000,00
~ OUERCIA.I CE"-1E"RAl UA8lLlTY DAJ.4..\GE TO RENTED S 300,00
-- Q.M..lS MAnE 0 OCCUR MEO EXP {Ary one perT.Olj S 10,00<
A - flEKSONAlA MNINJURY S 1,000,00
- GENERAL AGGREGATE S 2,000,00
Y1L~~:rnPER PROOUelS . cor.P/Op AGG s 2 000 00
X POlICY JeCT LDC
~TONOBIL..E UABIUTY 21SBMIG9495 05/01/2009 05/01/2010 COMBINED StNGlE L.MT
(LallCCldef1l.) S
- ~YAUT'J _ ----.!,QOJl,009
- AlL aNNED AUTOS BOOIl V INJUHY
(Perport.o") S
SCHEOULED AUTOS
~ --
X HREO AUTOS BODILY INJURY
0- (Per<<CldenI) S
~-OWNE:UAUIOS
~ PROPERT'f OAJ.{AG( S
(Pw acddt.lnt)
..
... R'1A81l1TY AUTO ON... y. EA .ACCIOENT S
-' "'NY AUTO OTHER ltw-l ~ACC S
AUTOO.....V: AGG S
- --
OESSlUM8REl.1..A UABIUTY CACH OCCtJ~J(ENCE S
OCCUR 0 (tAlUS MADE AGGREGATE S
S
q ,CEllVClKE S
IlE1ENTlOf< S S
WORKERS COMPENIATION AND 21WECP072 50 05/01/2009 05/01/2010 I wcsT...n\Ll~-
EMPt.OYERS' UABlLITV fffi .E8..
A A~Y PROPRETOrliPARTNERiEXFClJTh'F E.L. EACH ACCIl1f'NT S 1,000,000
OfFICERiMEMBER EXClUOED? E.l. DlSFASE . fA FMPlOYE $ 1,000,000
r yes, Oeser be und_ 1,000,000
SI't:CIAL Pf<<)VISUNS below E.I. DiSFASF . POlICY UMIT s
~':;t"essional L iabi Ii ty PACOOOO0709 05/01/2009 05/01/2010 $1,000,000 each claim
B $1,000,000 ag9regate
$5,000 Deductible
LPJSCRlPTlfJ'f OF OPE~Y~!I / LqcAnONsfq~ICl.ES J EXClUSIONS AOOEDfY ENDORSEMENT ~ECI~-tROV1SI0NS insured, po l1cy
~lty 0 RoseVl e, ltS 0 leers. agents. vo unteers an emp oyees are additional 1s
nr;mary and a Waiver of Subrogation also applies per the attached company form 550008 04 05.
ee pages 17 and 18 of the attached form for actual wording.
EF: All California Operations
o day notice of cancellation for non-payment of prennum applies.
The City of Roseville, Cal ifornia
Risk Management Division
311 Vernon Street
Roseville, CA 9567&
C E
SHOOLD Nf'( OF niE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE TIE
EXPIRATION DATE THEREOF, TllE ISSUINQ INSURER WIll ENDeAVOR TO MAIL
~ DAYS "WRITTEN frfOncE fO 1lfE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH N011CE SHAUIMPOSE NO OBUGATJON OR lfJ\BIUTY
"...
,
ACORD 25 (2001/08) FAX:
OF ANY KIND UPON mE INSURER,ITS AGENTS OR REf'RESENTAnveS.
AUTHORllEO REPltfSEHTAlTVE
Daniel Caudill
ANSOO
;7/1. .#-
.~IA
(916)774-5461
@ACORDCORPORATlON 1988
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2009-318
RFI' 1'-09-12
SUBCONTRACTOR'S LIST
As required by California State Law, the General Contractor bidding will hereinafter
state the subcontractor who will be the subcontractor on the job for each particular
trade or subdivision of the work in an amount in excess of one-half of one percent of
the General Contractor's total bid and will state the firm name and principal location
of the mill, shop, or office of each. If a General Contractor fails to specify a
subcontractor, or if he specifies more than one subcontractor for the same portion of
work to be performed under the contract in excess of one-half of one percent, he
agrees that he is fully qualified to perform that portion himself and that he shall
perform that portion himself.
DIVISION OF
WORK OR
TRADE
NAME OF FIRM OR
CONTRACTOR
LOCATION
CITY
.,
y\J1Jt c r-ltlt.:z....- (ZW/::;'YcA-
Print Name
Signature of Bidder
Company Name: F \ ,lAC
Address: '7-- ( c;
~ q 0 U (:- f'l, Vj u'S./,l-
If C:(Zf'ujrv C:;~ rw~VI(..(<!' \ c..4- 9 'S6 ';} [;
REJECTION OF BIDS
The undersigned agrees that the City of San Bernardino reserves the right to reject
any or all bids, and reserves the right to waive informalities in a bid or bids not
affected by law, if to do seems to best serve the public interest.
24
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2009-3] 8
RFI' 1'-09-12
NON - COLLUSION AFFIDAVIT
TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO
In accordance with Title 23, United States Code, Section 112, the undersigned
hereby states, under penalty of perjury:
That he/she has not, either directly or indirectly, entered into any agreement,
participated in any collusion, or otherwise taken action in restraint of free competitive
proposal in connection with RFP F-09-12.
Business Name_r:: I (Z.{! fu uU~F'< U SA
Business Address L..~61&v~'7
Signature of Offeror(s tllv/'
1Z0SEUfU,c:', cA
C R-c S;J ('A. I eft-
Place of Residence
c
Subscribed and sworn before me this AI day of ]" L\ De.. , 2(01
Notary Public in and for the County of ?:ne \'(L~)\et\+O , State of California.
My commission expires HCLLl 10 I }-..lJI'Z-
,20_.
LI}{&({~ (). cl/u~
r~m~:n"~"~~':';~~~'1
~ . Notal\' Public -CaJ~omia ~
\ SACRAMENTO ~
My Ccmm;SSKlO Expires May. 10. 2012 J
~........n.u.'.'-'..n~'U'LU'''''~.",~
.!J
2009-3] 8
Fire Recovery USA
Fire Recovery Run Report
LLC
('";
Date: i Department Name: City of San Bernardino
Run Number: I Law Enforcement Agency Report #:
Report Prepared By: Location of Incident:
Type of Incident: I Time On-scene:
Party Name: I Resident: Y N
Party Address:
Insurance Company:
Policy Number:
I Insurance Contact Number:
Vehicle Make & Model:
License Plate Number or VIN:
Narrative (Please provide a complete description of what emergency actions were taken):
~
Scene Procedures (Indicate all that apply):
0 Emergency Traffic Control 0 Hazardous Fluids Clean-up
0 Airbag used for Heavy Rescue 0 Stand-by for Hazard Fluids Clean-up
0 Assist with Patient Injuries 0 Fire Suppression
0 Set-up Landing Zone for Helicopter Ops. 0 Salvage
0 Multiple Causality Incident (MCI) 0 Board-up (includes covering holes cut in roof)
0 Traffic Control Requested by Law Enforcement 0 Stand-by for Arson Investigation
0 Emergency Debris Clean-up 0 Firewatch
~ -
I ;O~;c;;~H~~ ~~:e 916- 290-0542 0 Secure Area I Stand-by (gas leak, etc.)
Date Faxed:
Contact: (888) 640-7222
?'q Vernon Street
\.Jeville, CA 95678
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2009-3] 8
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SERVICES AGREE.\IENT
This Scrvices Agrccmcnt ("'Agrccmcnt") is madc c!Tcctive as of
1009 ("'EITcctive Date"), by and bctwcen FIRE RECOVERY USA, LLC., a California limitcd
liability company ("Company"), and San Bcrnardino Firc Dcpartmcnt, ("Fire Dcpartmcnt"').
The Company and Firc Dcpartment arc refcrred to hcrein individually as a "party" and
collcctively as the "parties."
RECITALS
WHEREAS, Company engages in the business of performing hilling and collection
serviccs ("Company Scrviccs") for Unitcd Statcs firc departmcnts in conncction with thc motor
vehicle accidents ("MY A") and othcr services at which the fire departments provide cmergency
services:
WHEREAS, Firc Dcpartment seeks thc scrvices of Company to assist with thc billing and
collection for scrvices that Fire Department provides in connection with MY A and other
scrvices: and
WHEREAS, Company and Fire Department desire to enter into this Agreement to
memorialize their agreements rcgarding the Company Scrvices to be providcd to Fire
Department.
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NOW, THEREFORE, in consideration of the mutual represcntations, warranties and
covenants set lorth herein and for other good and valuable consideration. the receipt and
sutliciency of which are hereby acknowledged, Company and Fire Department agree as follows:
ARTICLE I
ENGAGEMENT
1.1. Engagement. Fire Department hereby engages Company to provide the Company
Services described in Article 4 herein, and Fire Department hereby accepts such engagement, all
on the terms and conditions set forth herein. Company will detcrminc thc method, detail and
means ofpcrtiJrlning thc services detailed helow.
ARTICLE 2
REPRESENTATIONS AND WARRANTIES
1.1. Reprcscntations and Warrantics of Company. Company hcreby represents and
warrants to Fire Dcpartmcnt that. at all times during the term of this Agreement. Company is a
limitcd liahility company duly organizcd, validly cxisting and in good standing undcr the laws of
the State ofCalitornia.
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1.1. Rcprcscntations and Warranties of Fire Departmcnt. Fire Department herehy
rcpresents and warrants to Company that. at all times during the term of this Agreemcnt. Fire
Dcpartment is a municipal fire dcpartment and organizcd lire fighting unit cstablished pursuant
10 the laws and ordinances of the state in which fire Department is located.
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2009-3] 8
ARTICLE J
CO;\IP'\:'oiY ST,\ TUS AND QU,\L1F1CA TlONS
3.1. Indcocndent Contractor. Company entcrs into this Agreement, and will remain
throughout the term of the Agreement, as an independent contractor. Company agrees that it will
not bccome an employce, partncr, agent or principal of Fire Department \\hile this Agrcement is
in dTcct.
3.2. Pavmcnt of Income Taxes. Company is responsible for paying whcn due all
income taxcs, including estimated taxes, incurrcd as a result of the compcnsation paid by Firc
Department to Company for services rendercd undcr this Agreement. On request, Company will
provide Fire Dcpartment with proof of timely paymcnt. Company agrecs to indemni(y fire
Dcpartmcnt for any claims, costs, losses, fees, penaltics, intcrest, or damagcs sufTercd by Fire
Department resulting from Company's failure to comply with this provision.
3.3. Use of Employees or Subcontractors. Company may, at Company's 0\\11
cxpcnse, use any employees or subcontractors as Company deems ncccssary to pcrform the
services required of Company by this Agreement. Fire Department may not control, direct. or
supervise Company's employecs or subcontractors in the performance of those services.
3.4. Ouali/ications. Company represcnts that it is qualitied and has the skills
nccessary to perform the services under this Agreemcnt in a competent and professional manncr,
without thc advicc or dircetion of Firc Dcpartment.
3.5. O\\11ership Interest.
Dcpartmcnt.
Company will have no ownership intercst in Fire
3.6. No Bencfit Contributions. Company shall have no obligation under this
Agreemcnt to compcnsate or pay applicable taxes or provide employee bene/its of any kind to
any pcrson employed or retained by Fire Department.
3.7. Attorney-in-Fact. Fire Department appoints Company as Fire Dcpartment's
attorncy-in-fact for the /ollowing purposes:
(a) Billing and Collections. To bill and collcct ('"Collections") all rcvenue carned by
and duc to Fire Department, in conncction with Fire Departmcnt's provision of
emcrgcncy scrvices at the sitcs of MV A and other serviccs, and to reccive all
Collcctions on Fire Department's behalf and to sue tor and give satistaction tiH
monies due on account and to withdraw any claims, suits, or proceedings
pertaining to or arising out of Company's or Fire Department's right to collect
such amounts; and
(b)
Endorsement. To take possession of and endorse in Fire Department's name any
notcs, checks, monev orders, and anv other instruments received as Collections.
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2009-3] 8
ARTICLE 4
GE:'I'ERAL RESPONSIBILITIES OF CO'IPA~Y
4.1. Minimum Amount of Service. Company agrees to devote as much time and
attention to the performance of the Company Services under this Agreement as may be, in
Company's sole discrclion, required to accomplish the tasks described herein to accomplish the
rcsults for which the Company is responsible undcr this Agrcement.
4.2. Companv Services. Contractor agrees to perform the Company Services related
to billing and collections set forth in the "List of Company Services" attached herclo as Schedule
"A" and incorporated herein by reference.
4.3. Non-Exclusive Relationship. Company may reprcsent, perform scrviccs for, and
contract with as many additional c1icnts, persons, or companies as Company, in Company's solc
discretion, secs lit.
4.4. Time and Place of Performing Work. Company may perform the scrvices under
this Agreement at any suitable time and location Company chooses.
45. Materials and EQuioment. Company will supply all materials and cquipment
requircd to perform the services under this Agreement.
4.6. Workers' Compensation. Company agrecs to provide workers' compensation
insurance for Company and Company's employees and agents and agrees to hold harmless and
indemnify Fire Department for any and all claims arising out of any injury, disability, or death Of
any ofCompany's employees or agents.
4.7. Assignment. Neither this Agreement nor any duties or obligations under this
Agrcement may be assigned by Company without the prior written consent of Fire Department,
which consent shall not be unreasonably withheld.
ARTICLE 5
COMPENSA nON OF COMPANY
5.1. Compensation for Companv Services. All Company Services provided pursuant
to this Agreement will be provided in accordance with the terms, including compcnsation
amounts and schcdule of remittance, set lorth in the "List of Company Services," attached herclo
as Schedule A.
5.2. The provisions of Article II of this Agreemcnt will govern any dispute associated
with compcnsation.
ARTICLE 6
OBLIGATIONS OF FIIU: DEPARTMENT
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2009-3] 8
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..... 6.1. Coopt:ration of Firt: Dcpartmcnt. Th<: Firc Dcpartmt:nt agrccs to comply with all
rcasonable rcqucsts of Company and providc acccss to all documcnts rcasonably ncccssary to thc
pcrfonnancc of Company's dutics undcr this Agrccmcnt.
6.2. Assignmcnt. Ncithcr this Agrc<:mcnt nor any dutit:s or obligations undcr this
Agrt:emt:nt may bt: assigned by Fire Departmcnt without thc prior writtcn conscnt of Company,
which conscnt shall not bc unreasonably withhcld.
ARTICLE 7
FIRE DEPARTMENT AUTHORIZATlO:,>/
7.1. Authorization. Notwithstanding othcr provisions of this Agreement, Company
shall obtain authorization from Fire Department prior to pcrforming any of thc following:
(a) Thc sale conveyancc, transfer, plt:dge t:xchangt:, assignment, hypoth<:cation, or
cneumbranct: of Fire Departmcnt's intcrest in any sums owed to Firt: Dt:partment;
and
(b) All othcr limitations as stated by tht: terms of this Agreemt:nt.
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ARTICLE 8
TERMI:'>/ATION OF AGREEME:'>/T
8. I. T ennination on Notice. Notwithstanding any othcr provision of this Agrccmt:nt,
t:ithcr party may tt:rminat<: this Agrt:t:mt:nt at any timt: by giving thirty (30) days \\TiUt:n notice to
thc otht:r party. Unkss carlier tcrminated as set forth below, this Agreemcnt shall bc cffcctive as
of thc datc first sct out above and shall continue for a period of two (2) years with Fire
Dt:partments option to renew for two additional two (2) yt:ar pt:riods.
R.2. Tennination on Occurrence of Stated Events. This Agrt:ement will tenninate
automatically on the occurrence of any of the following events:
(a) Bankruptcy or insolvcncy of eithcr party.
(b) Assignment of this Agreemcnt by eithcr party without the consent of the other
party. The partics agree that n<:ither party will unrcasonably withhold consent to
such an assignment.
8.3. Tcrmination for Ddault. If cithcr party dcfaults in thc pcrformancc of this
Agreement or materially brcaches any of its provisions, thc non-brcaching party may terminate
this Agrct:ment by giving written notilication to tht: brcaching party. Termination will take ctTcct
immcdiately on rect:ipt of notice by the breaching party or five (5) days after mailing of notice,
whiehevcr occurs lirst. For the purposes of this paragraph, material breach of this Agreemcnt
includcs, but is not limited to, the following:
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2009-3] 8
(a)
Company's failure to complete the services specitied in the Description of
Serviet:s.
(b) Fire Departmt:nfs material breach of any representation, warranty or agreement
contained in this Agreement.
(c) Company's material breach of any representation. warranty or agreement
contained in this Agreemcnt.
id) Fire Dt:partment's yearly billable run volume is at or below six (6) runs.
ARTICLE 9
PROPRIETARY RIGHTS
9.1. Confidential Information. Any written, printed, graphic, or electronically or
magnetically recorded information furnished by Fire Department for Company's use are the sole
property of Fire Department. This proprietary information includes, but is not limited to,
customer requirements, customer lists, marketing information, and information conct:rning the
Fire Department's employees, products, services, prices, operations, and subsidiaries. Company
will keep this conlidential information in the strictest conlidence, and will not disclose it by any
means to any person except with the Fire Department's approval, and only to the extent
necessary to perform tht: services under this Agreement. This prohibition also applies to
Company's employees, agents, and subcontractors. On termination of this Agreement, Company
will return any contidential information in Company's possession to Fire Department.
ARTICLE 10
INDEi\lNIFlCA TlON AND INSURANCE REQUIREMENTS
10.1. Indemnification by Fire Department. Fire Department shall indemnifY Company
and hold it harmless from any and all liability, including reasonable attorney's fees, caused by or
resulting from (i) any negligent or intentional acts or omissions of Fire Department or any
oflieer, director, agent, or employee thereof: or (ii) any breach of this Agreement by Fire
Department.
10.2. Indemnilication by Company. Company shall indemnity Fire Department and
hold it harmless from any and all liability, including reasonable attorneys' fees, caused by or
resulting from (i) the negligent or intentional acts or omissions of Company or any otlicer,
director, agent, or employee thereof: or (ii) any breach of this Agreement by Company.
10.3 Insurance. CONSULTANT agrees to continuously maintain, in full force and
clrcct, the following policies of insurance during the term of this Agreement.
COVERAGE
LIMITS OF LIABILITY
Workers Compensation
StatutOl)'
5
2009-318
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Commcrcial Gcneral Liability
Bodily Injury:
5 I ,000,000 cach occurrcncc
52,000,000 aggrcgatc
Propcrty Damage:
5 I ,000,000 each occurrcncc
I'crsonallnjury:
5 I ,000,000 cach occurrencc
$2,000,000 aggrcgate
Automobilc Liability including
endorsements for owned,
hircd and nonowned vchicles
Bodily Injury:
$500,000 each occurrcncc
$1,000,000 aggregate
Property Damage:
SIOO,OOO each occurrcnce
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CONSUL TANT shall submit a certificate evidencing such covcrage in a form
satisfactory to the City Attorney of CITY, prior to undertaking any work hercundcr.
CONSULTANT shall also provide a scparatc cndorsement form showing CITY, its ofticers,
agents and employces as additional named insureds for each type of coverage, except for
Workers' Compensation and Profcssional Liability. Such insurance shall specitically covcr thc
contractual liability of CONSULTANT. The coverage shall be primary as to such additional
insureds and no coveragc of thc CITY shall bc call cd upon to contribute to a loss. Said
certificatcs shall provide for at least thirty (30) days written notice to CITY prior to cancellation
or modification of any insurancc rcquircd by this Agrecmcnt. CONSULTANT shall furnish a
certificate for the period covered by this Agreemcnt. Any insurance written on a claims made
basis is subject to thc approval of the City Attorney. Insurance covcragc in the minimum
amounts set filrth hcrein shall not bc construcd to relieve CONSULTANT of liability in excess
of such coverage, nor shall it preclude CITY from taking such other actions as are available to it
under any other provisions of this Agrcemcnt or law.
ARTICLE II
GENERAL PROVISIONS
11.1. Governing Law. This Agreemcnt shall bc governed in all rcspccts by the laws of
the State of California, without giving dIect to any choicc or conflict of law provision or rule
(whcthcr of the Statc of Cali fornia or any other jurisdiction. that would cause thc application of
the laws of any jurisdiction othcr that the Statc of California).
11.2. Entirc Agrccment. This Agreemcnt constitutcs thc cntire agrcement betwccn the
Partics pcrtaining to the subject mattcr containcd in it and supcrscdcs all prior and
contemporancous agrecments, rcprescntations, and understanding of the parties.
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11.3. Successors and Assigns. Except as othcrwise provided herein, the pr(l\ iSlOns
hcreof shall inure to thc benclit of: and bc binding upon, the succcssors, assigns, heirs, exccutors
(1
2009-318
C and administrators of the partics hcreto. No party may assign any of its rights or obligations
hereundcr without thc cxpress writtcn consent of the other party hereto, \\ hich conscnt may not
be unrcasonahly withheld; providcd, howcvcr, any party may assign any and all of its rights and
intcrests hereundcr to one or more of its affiliates and designatc one or more of its aftiliates to
pcrform its obligations hcrcundcr; providcd, howcver, that such party rcmains liable for full and
total pcrformancc of its obligations hercundcr.
11.4. Noticcs. Any noticcs authorizcd to be givcn hcreunder shall bc in writing and
dccmed given, if delivercd pcrsonally or by overnight couricr, on the date of delivery, if a
Business Day, or ifnot a business day, on the first Busincss Day following delivcry, or ifmailcd,
threc days after mailing by rcgistered or ccrtificd mail, rcturn receipt requested, and in each case,
addressed, as follows:
ffto the Company to:
with a copy to
Fire Rccovcry USA, LLC
219 V crnon Strect
Roscvillc, CA 95678
Attention: Mike Rivera
The Watkins Firm, APC
4520 Exccutive Drive, Suite 105
San Diego, California 92121
Attcntion: Chris Popov, Esq.
If to Fire Departmcnt to:
with a copy to:
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Attcntion:
Attcntion:
or if delivered by telecopier, on a Business Day before 4:00 PM local time of addressce, on
transmission confirmcd clcctronically, or if at any othcr timc or day on the first Busincss Day
succeeding transmission confirmed electronically, to thc facsimile numbers provided above, or to
such other address or telecopy number as any party shall specify to thc other, pursuant to the
forcgoing notice provisions. When uscd in this Agrcemcnt, the term "Business Day" shall mcan
a day other than a Saturday, Sunday or a day on which commcrcial banks in San Diego are
gcncrally closed for busincss.
11.5. Waiver; Amcndmcnts. This Agrcemcnt, and the Transaction Documcnts, (i) set
forth the cntirc agrccmcnt of thc partics respecting the subject matter hereot: (ii) superscdc any
prior and contcmporancous undcrstandings, agrccments, or rcpresentations by or among the
partics, writtcn or oral, to thc extcnt thcy rclatcd in any way to thc subject matter hcreot: and (iii)
may not be amcnded orally, and no right or obligation of any party may be altcrcd, exccpt as
cxprcssly sct forth in a writing signcd by such party.
11.6. Countcrparts. This Agrccment may bc signed in scveral counterparts.
11.7 Expenscs. Each party shall bear its own c.xpcnscs incurrcd with respect to thc preparation
of this Agrecmcnt and the consummation of the transactions contcmplatcd hcrcby.
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2009-318
IN WITNESS WHEREOF, thc undcrsigncd havc cxccutcd this Agrccmcnt as of thc datc
Ii rst wri ttcn abovc.
CITY OF SAN BERNARDINO. a
LLC, a
municipal corporation
FIRE RECOVERY USA,
California limitcd liability company
BY:
BY:
its:
and
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2009-3 ]8
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SCHEDULE A
LIST OF COMPANY SERVICES
1. Fire Recovery agrees to bill the responsible party on the Fire Department's
behalf for services provided/rendered during MVAs (Motor Vehicle Accidents)
and other services. The current rates are listed below, but may change over
time. Fire Recovery will provide notice to Fire Department of changes in rates.
2. Fire Recovery will provide, as a normal matter of business; entry of claims and
submission to the responsible party, collections of monies deemed due to the
Fire Department, payments of the agreed upon percentage of said monies to Fire
Department, and reporting of progress.
3. Fire Recovery agrees to bill to the best of its ability all claims provided to Fire
Recovery by the Fire Department.
4. Fire Recovery will not begin litigation against a person, entity, or insurance
carrier without prior written approval by the Fire Department.
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5. Fire Recovery agrees to reimburse Fire Department for a portion of the monies
collected at a rate of 83% of the total monies collected on the Fire Department's
claims for the first six (6) months. Every six (6) months Fire recovery agrees to
provide Fire Department with an audit of its collection percentage from the
preceding six (6) months. If the preceding six (6) months collection percentage is
equal to or greater than 65%, then Fire Recovery will be entitled to retain an
addition 3% per month on monies collected until the next six (6) month audit. If a
six (6) month audit shows the collection percentage drops below 65%, then Fire
Recovery will reimburse Fire Department at the original rate of 83% for the
following six (6) months. The collection percentage will be based on "billable
runs", defined as runs where the at-fault billable individual is a non-resident and
has insurance coverage.
6. Fire Recovery agrees to pay these monies collected to the Fire Department on a
monthly basis, within seven (7) working days after the close and accounting of
the monthly billing cycle.
7. Fire Recovery agrees to provide monthly reports via e-mail or standard mail to
the Fire Department which detail billable claims outstanding (which are claims
submitted, but not yet completed) and claims completed in the prior billing cycle.
8. Fire Recovery will not be responsible for, nor accept any liability for, any
erroneous, invalid, or illegal procedure codes or claims submitted to Fire
Recovery by the Fire Department on the Run Sheets.
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Fire Recovery USA provides funds to Fire
Departments at no cost to the Department.
We bill on your behalf for the
services you are already providing.
Fire Recovery USA recovers funds
for the following services:
. Motor Vehicle Accidents
· Hazmat Clean-up
. Pipeline Repair Supervision (gas, sewer, etc.)
· Vehicle fires
· Structure fires
. Arson Investigation Service
. Environmental Clean-up (streets, marinas, etc.)
. Marine Vessel fires
. And More ...
FIIR~E=-R~E-88V'!-R~-U&A LLC
The billing process is very simple.
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How it Works.
1. When your Department is called out for an incident, you
perform the necessary services.
2. You then complete our Run Sheet form (on paper or online)
that captures all of the information needed to prepare and bill
an accurate claim on your behalf. This simple one-page form
takes less than five minutes to complete.
3. This form can then be submitted to Fire Recovery by fax,
arnail, or using our online submission site.
4. Once the form is submitted to our office, we process the
claim. Upon receipt of payment. we promptly forward to the
Fire Department the recovered revenue.
Fire Recovery USA LLC
Motor Vehicle Accident Billing Report
Date:
Department Name:
Police Agency I Report #:
Location of Inc::ident:
Run Number:
Report Prepa...ed By:
Party Name:
Party Add...ess:
Insu...ance Company & Agent Name:
Agent Phone Numbe...:
Polley NUlTlber.
Vehicle Make & Model:
License Plate Numbe...:
Resident: Y N
Na......atlve (Please provO(le a Dnsf(Jsscnpb(1n of (Julies perlo..-msd):
Scene Procedures (Indica,s all that apply):
o TraHicControl
o Flares and Cones
o Extrication
o Extrication with Tools
0 HazardousCondil;On
0 Huerdous Wasle Removal
0 HaavyRescue
0 RopeRascue
0 Airbags
- HeUcopterOperalions
C PropartyDamage
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UbUianceTransport
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o Vellicle Fire
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Molor Vehicle A.cciclenl Run Sheet
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Although billing for fire services sounds simple, how we generate our high
recovery rate is very sophisticated. Some Fire Departments do perform in-
house billing; unfortunately, they typically see a low recovery rate (between
10-15 percent). This low rate can be attributed to the fact that insurance com-
panies are experts at not paying and the typical Fire Department or city is not
equipped in the field of insurance billing.
We use advanced methods resulting in a proven higher recovery percentage
(typically over 60%), which is the best in our industry. So what makes us dif-
ferent?
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Online Reporting
A variety of reports are available online for viewing 24/7 on our
passwork-protected Run Submission website.
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The Real Truth About Billing for Services
In today's economic environment, governmental entities are facing two con-
flicting stresses as they strive to efficiently operate their Fire Departments.
Most areas are seeing a decrease in their tax base while also a seeing consis-
tent, if not increasing, demand for emergency response calls. They recognize
the large tax burden that is already being borne by their residents and realize
a tax increase isn't the correct course of action.
They also know accident victims deserve the highest level of response to pre-
vent loss of life. They don't want to enact measures (brownouts, layoffs, etc.)
that will reduce the levels of service, i.e.: longer response times. Therefore,
Fire Departments are searching for new ways to avoid increasing taxes and/or
decreasing levels of service. One such measure being adopted to defray
emergency response costs is the filing of claims against the at-fault driver in
c.' .,.motor/vehicle accidents. .... .' -. - . . -
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2009-3] 8
Attachment D
Vendor Identification and Location bv address and typical per call billing sumrnarv
The three billing companies will charge a percentage of the collected revenues from the
. .
Insurance comparues.
. Fire Recovery charges 17% against the dollars collected. When the collection rate
has exceeded 65% the rate will go to 19%.
. Revenue Rescue will charge 15% against the dollars collected.
. EF Recovery will charge] 4% against the collected dollars.
Fire Recoverv USA 17 - 19 % charge based on the collection of billable claims.
2] 9 Vernon Street
Roseville, Ca. 95678
Contact, Mike Rivera
mike(aJ,firerecovervusa.com
Fire Recovery does not charge for Police reports, Fax, emai1, or phone inquiries.
$29] X 17% = $49.47 per standard call for service fee
$29] X 20% = $58.20 per standard call for service fee
Revenue rescue 15% charge based on the collection of billable claims
425 Round Rock west Suite 107
Round Rock, TX 78681
Dennis Murry
Regiona] Director 0 f Business Development
449 Skyline Drive
Placerville, Ca. 95667
dmurrv(aJ,interrnedix.com
Revenue Rescue's data collection system will be more difficult than Fire Recovery and
EF Recovery. On scene time will increase and predicted slowdown in program
implementation due to program management and training.
$29] X 15% = $43.65 per standard call for service fee
EF Recoverv 14% charge based on the collection of billable claims
PO Box 2029 Gig Harbor,
Washington 98335
Contact, Edward Grubbs
CEO, EF Recovery
EF Recovery has an additional fee schedule for specific services that will likely decrease
collection amounts.
$291 X ]4% = $40.74 + $50 for police report $90.47 when needed
+ $9 for phone call question $49.74
+ $]9 for faxed documentation $ $69.74