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HomeMy WebLinkAbout05.K- Fire '5. RESOLUTION (ID#2642) DOC ID: 2642 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: George A. Avery M/CC Meeting Date: 10/07/2013 Prepared by: Norma Camarena, (909) 384- 5286 Dept: Fire Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Vendor Services Agreement and Issuance of an Annual Purchase Order to Fire Recovery USA to Provide Billing Services for Traffic Control and Vehicle Extrication Services Resulting from Traffic Collisions. (#2642) Current Business Registration Certificate: No Financial Impact: Compensation to Fire Recovery USA is a percentage not to exceed twenty percent(20%) of amounts collected on behalf of the City of San Bernardino under the billing program. Therefore, it is estimated that approximately$19,500 of the annual gross revenue will be paid to Fire Recovery USA for traffic control and vehicle extrication billing services. Funds to cover this agreement cost were included in the Fire Department's FY 2013-2014 Adopted Budget, account number 001-200-0044-5505 (Other Professional Services). Since the vendor is paid based on a percentage of revenues collected, should revenues exceed projections there will be a corresponding increase in the agreement costs. However,the increased revenue will more than offset any possible increases in the agreement costs. Account Number: 001-200-0044-5505 Budgeted Amount: $72,100 Balance (as of September 17, 2013): $62,368.12 Balance (after approval of this item): $42,868.12 Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred,but not yet processed. Motion: Adopt the Resolution. Synopsis of Previous Council Action: 02/02/09 Resolution#2009-19 amending the city's master fee schedule, resolution #2008-149 establishing a fee for Fire Department removal of hazardous materials spills resulting from traffic collisions. 05/18/09 Resolution#2009-122 establishing certain fees for services furnished by the City of San Bernardino, and superseding all prior fee resolutions. 08/03/09 Resolution #2009-304 amending the city's master fee schedule, Resolution #2009-122, to reflect the new hazardous material spill fee. Updated: 10/1/2013 by Jolena E.Grider I Packet Pg.207 5.K 2642 10/01/12 Mayor and Common Council approved the Fire Department's Pre-Pendency Plan related to the City's proposed FY 2012/2013 Budget. 01/07/13 Resolution#2013-1 amending the city's master fee schedule, Resolution #2009-122 establishing new cost-recovery fees for traffic control and vehicle extrication for services provided by the Fire Department during an emergency response to traffic collisions. Background: On January 7, 2013, the Mayor and Common Council approved the elimination of the hazardous material spill fee and implemented new service fees to recover costs associated with traffic collision incidents. Also, the Fire Department was authorized to request proposals for billing services. There are two cost recovery fees, one for traffic control and the other for vehicle extrication services (level one and two); that are billable for emergency response to traffic collisions. The fees are based on the cost to provide emergency services and the insurance company of the at-fault driver will be billed the appropriate fee. On April 3, 2013, a Request for Proposal (RFP) #F-13-22 was issued to solicit formal bids for the Fire Department's cost recovery billing services for traffic control and vehicle extrication. Notices inviting bids from qualified vendors were distributed to the San Bernardino Area Chamber of Commerce, the City's Web Site, San Bernardino Connect, and advertised in The San Bernardino County Sun Newspaper. The RFP #F-13-22 packages were mailed to seven (7) vendors. No responses were received from local vendors. On April 29, 2013, the City received proposals from Fire Recovery USA, Toomay Technologies, and EF Recovery which are available in the Finance Department. These proposals were evaluated by the Fire Department staff to meet the city's technical specification for traffic control and vehicle extrication billing services. An evaluation committee was developed to review the bid proposals and rated them on a scale of 0-100. Compliance with technical specifications, price, and experience were considered. Fire Recovery USA received the highest over-all evaluation for the billing service proposal (Exhibit 2). This recommendation comes after a thorough review process and based on the score sheet provided, the committee recommends Fire Recovery USA to conduct this service for the City (Exhibit 1). Pursuant to the City's bidding process, it is recommended that Fire Recovery USA be awarded the agreement under RFP #F-13-22 for billing for cost recovery billing services for traffic control and vehicle extrication (Exhibit A). Fire staff recommends that an annual purchase order be issued for one year, from July 1,2013 through June 30, 2014,with automatic renewals for successive three (3) single-year options unless either party gives the other party notice of cancellation. The agreement provides that either party may terminate this agreement by giving not less than thirty (30) days written notice to the other party of said intent to terminate. Since implementation date of the agreement has passed, the resolution ratifies any action taken from July 1, 2013 through the date that the agreement is executed. City Attorney Review: y Supporting Documents: Updated: 10/1/2013 by Jolena E.Grider Packet Pg.208 2642 reso 2642 (PDF) agrmt 2642 (PDF) Fire Recovery Billing Services-Exhibit 1 Score Sheet (PDF) Fire Recovery Billing Services-Exhibit 2 Proposal (PDF) Updated: 10/1/2013 by Jolena E.Grider Packet Pg. 209 I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR SERVICES 3 AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER TO FIRE 4 RECOVERY USA TO PROVIDE BILLING SERVICES FOR TRAFFIC CONTROL N AND VEHICLE EXTRICATION SERVICES RESULTING FROM TRAFFIC S COLLISIONS. d 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE d CITY OF SAN BERNARDINO AS FOLLOWS: 7 i U. 8 SECTION 1. Fire Recovery USA, is the best responsible bidder regarding billing 9 services for traffic control and vehicle extrication services (level one and two)resulting from 0 traffic collisions, in accordance with Bid Specification RFP#F-13-22; H 10 SECTION 2. The City Manager is hereby authorized and directed to execute on 2 11 behalf of City a Vendor Services Agreement with Fire Recovery USA, a copy of which is a 12 attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though = 13 set forth at length; 14 SECTION 3. Said agreement will be for billing collection services for traffic control U) 15 and vehicle extrication(level one and two) fees for the period of July 1, 2013 through June 30, a 16 2014 with three one-year renewal options; contingent upon funds being available and E a� d 17 allocated in the budget; therefore, any action taken between July 1, 2013 and the date that the a agreement is executed is hereby ratified. 18 SECTION 4. The Director of Administrative Services or his designee is authorized to w 19 issue an annual purchase order to Fire Recovery USA. The annual purchase order is for one It 20 v year with the option of three single-year extensions. All other bids are hereby rejected; N 21 SECTION 5. The Fire Recovery USA Annual Purchase Order shall incorporate by N 0 22 reference this Resolution and Bid Specification RFP #F-13-22 and shall be paid for such CD 23 services a percentage not to exceed 20% of amounts collected on behalf of the City of San d 24 Bernardino Fire Department. s 25 SECTION 6. The authorization to execute the above referenced Agreement and a 26 Annual Purchase Order is rescinded if the parties to the Agreement fail to execute it within sixty(60)days of the passage of this Resolution. 27 28 Packet Pg.210 5.K.a I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR SERVICES 2 AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER TO FIRE RECOVERY USA TO PROVIDE BILLING SERVICES FOR TRAFFIC CONTROL 3 AND VEHICLE EXTRICATION SERVICES RESULTING FROM TRAFFIC 4 COLLISIONS. a Cn D 5 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and d 6 Common Council of the City of San Bernardino at a meeting d W 7 thereof, held on the day of ,2013,by the following vote,to wit: g o Council Members: AYES NAYS ABSTAIN ABSENT a 0 10 MARQUEZ m N tC 11 JENKINS a 12 VALDIVIA 13 SHORETT 14 KELLEY 15 = 16 JOHNSON 17 MCCAMMACK a as 18 19 w Georgeann Hanna, City Clerk 04 20 N The foregoing resolution is hereby approved this day of ,2013. C4 21 N 22 L 23 Patrick J. Morris, Mayor c City of San Bernardino E 24 25 Approved as to form: a JAMES F. PENMAN, 26 City Attorney 27 By: 28 Packet Pg.211 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FIRE RECOVERY USA,LLC FOR BILLING SERVICES This Services Agreement ("Agreement") is made effective as of July 1, 2013 ("Effective Date"), by and between FIRE RECOVERY USA, LLC, a California limited liability company Q co ("Company"), and The City of San Bernardino, ("City"). The Company and City are referred to herein individually as a"party"and collectively as the"parties." Z, CD 0 RECITALS d WHEREAS, Company engages in the business of performing billing services ("Company Services") for United States Fire Departments in connection with the motor vehicle incidents and ° L other emergency incidents at which the fire departments provide emergency services: and a 0 WHEREAS, City seeks the services of Company to assist with the billing for services that City provides in connection with motor vehicle incidents and other emergency incidents; and 0 WHEREAS, Company and City desire to enter into this Agreement to memorialize their a agreements regarding the Company Services to be provided to Fire Department. Q NOW, THEREFORE, in consideration of the mutual representations, warranties and = covenants set forth herein and for other good and valuable consideration, the receipt and y sufficiency of which are hereby acknowledged, Company and City agree as follows: r d ARTICLE 1 E a� ENGAGEMENT a 1.1. Enga ement: City hereby engages Company to provide the Company Services described in Article 4 herein, and City hereby accepts such engagement, all on the terms and x conditions set forth herein. Company will determine the method, detail and means of performing W the services detailed below. N N ARTICLE 2 REPRESENTATIONS AND WARRANTIES N r E 2.1. Representations and Warranties of Company: Company hereby represents and o warrants to City that, at all times during the term of this Agreement, Company is a limited liability company duly organized, validly existing and in good standing under the laws of the E State of California. 0 Y W 2.2. Representations and Warranties of City: City hereby represents and warrants to a Company that, at all times during the term of this Agreement, City has an organized fire department established pursuant to the laws and ordinances of the state in which City is located. Packet Pg.212 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. a co M 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 0 Company for services rendered under this Agreement. On request, Company will provide City with proof of timely payment. Company agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Company's failure to comply LL with this provision. L CD V 3.3. Use of Employees or Subcontractors: Company may, at Company's own expense, 0 use any employees or subcontractors as Company deems necessary to perform the services y 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 a. 3.4. Qualifications: 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 Q the advice or direction of City. a, �. 3.5. Ownership Interest: Company will have no ownership interest in City. 3.6. No Benefit Contributions: Company shall have no obligation under this E Agreement to compensate or pay applicable taxes or provide employee benefits of any kind to L any person employed or retained by City. a 3.7. Attorney-in-Fact: City appoints Company as City's attorney-in-fact for the following purposes: w (a) Billing and Collections: To bill and collect ("Collections") all revenue earned by and due to City, in connection with City's provision of emergency services provided/rendered at the sites of motor vehicle incidents and other emergency incidents, and to receive all Collections on City's behalf and to sue for and give N satisfaction for monies due on accounts and to withdraw any claims, suits, or E proceedings pertaining to or arising out of Company's or City's right to collect co such amounts; and CD E (b) Endorsement: To take possession of and endorse in City's name any notes, checks, money orders, and any other instruments received as Collections, a 2 Packet Pg.213' 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, in Company's sole discretion, required to accomplish the tasks described herein and to accomplish co the results for which the Company is responsible under this Agreement. M 4.2. Company Services: Company agrees to perform the Company Services as set forth > 0 in the "List of Company Services" attached hereto as Schedule "A" and incorporated herein by reference; including those additional services requested by City and accepted in writing by the 0 Company during the term of this Agreement. LL 0 w 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 p discretion, sees fit. y 4.4. Time and Place of Performing Work: Company may perform the services under this Agreement at any suitable time and location Company chooses. °- 0 4.5. Materials and Equipment: Company will supply all materials and equipment = required to perform the services under this Agreement. N 4.6. Workers' Compensation: Company agrees to provide workers' compensation 06 insurance for Company and Company's employees and agents and agrees to hold harmless and c indemnify City for any and all claims arising out of any injury, disability, or death of any of E Company's employees or agents. d 2 Q 4.7. Assi nment: 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. x N ARTICLE 5 N COMPENSATION OF COMPANY N 5.1. Compensation for Company Services: All Company Services provided pursuant to this Agreement will be provided in accordance with the terms, including compensation a� amounts and schedule of remittance, set forth in the"List of Company Services,"attached hereto as Schedule A. c as E 5.2. The provisions of Article 11 of this Agreement will govern any dispute associated with compensation. a 3 Packet Pg.214' ARTICLE 6 OBLIGATIONS OF CITY 6.1. Cooperation of City: The 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. The City shall be responsible for initially insuring, and a continuing to review, local and state laws in the City's jurisdiction to assure adequate legal authority for Company to engage in the Services described herein on behalf of City. (D' 0 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 d consent shall not be unreasonably withheld. LL 0 w L ARTICLE 7 a L CITY AUTHORIZATION O 0) U) 7.1. Authorization: Notwithstanding other provisions of this Agreement, Company shall obtain authorization from City prior to performing any of the following: a �o (a) The sale conveyance, transfer, pledge exchange, assignment, hypothecation, or c encumbrance of City's interest in any sums owed to City; and Q aD (b) All other limitations as stated by the terms of this Agreement. H ARTICLE 8 d TERMINATION OF AGREEMENT L 8.1. Termination on Notice: Notwithstanding any other provision of this Agreement, either party may terminate this Agreement at any time by giving thirty days (30) written notice to the other party. Unless earlier terminated as set forth below, this Agreement shall be effective as w of the date first set out above and shall continue for a period of one (1) year thereafter. This Agreement can renew with three (3) single-year renewal options; contingent upon funds being to available and allocated in the budget periods. N 8.2. Termination on Occurrence of Stated Events: This Agreement will terminate N 1 automatically on the occurrence of any of the following events; E L (a) Bankruptcy or insolvency of either party, although City's current proceeding in Bankruptcy is excepted hereto; (b) The assignment of this Agreement by either party without the consent of the other r party; the parties agree that neither party will unreasonably withhold consent to Q 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 4 Packet Pg.215`` 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 days (5) 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; M (b) City's material breach of any representation, warranty or agreement contained in o this Agreement; (c) Company's material breach of any representation, warranty or agreement contained in this Agreement; o L (d) City's yearly billable run volume is at or below six runs (6). o a� ARTICLE 9 c PROPRIETARY RIGHTS a 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 C City. This proprietary information includes, but is not limited to, customer requirements, customer lists, marketing information, and information concerning the City's employees, y 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 perform the services under this d Agreement. This prohibition also applies to Company's employees, agents, and subcontractors. On termination of this Agreement, Company will return any confidential information in Q Company's possession to City. d 9.2 Confidential Information: Any written,printed, graphic,electronically or W magnetically recorded information, computer-based hardware, software, applications, software scripts, or software links furnished by Company for City's use are the sole property of Company. N This proprietary information includes,but is not limited to, customer requirements, customer Cq lists,marketing information, and information concerning the Company's employees,products, N services,prices, operations, and subsidiaries. City will keep this confidential information in the E strictest confidence, and will not disclose it by any means to any person except with the Company's approval, and only to the extent necessary to perform the services under this Agreement. This prohibition also applies to City's employees, agents, and subcontractors. On termination of this Agreement, City will return any confidential information in City's possession to Company. w Q 5 Packet Pg.216 ARTICLE 10 INDEMNIFICATION 10.1. Indemnification: To the extent permitted by applicable law,the Company will indemnify and hold the City harmless from and against any and all loss, damage, liability, claims and/or injury resulting from all actions performed by the Company,or its agents on the Company's N behalf, in connection with this Agreement. However,this indemnification shall not apply with D respect to any legal cause,action or consequential liability or losses as a result from inaccurate or incomplete information or unfounded or unreasonable submissions furnished to the Company by 0 the City nor shall it apply to any act, omission or negligence of the City. to L ARTICLE 11 c GENERAL PROVISIONS L to 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 L the laws of any jurisdiction other that the State of California). a �a 11.2. Entire Agreement: This Agreement constitutes the entire agreement between the � Parties pertaining to the subject matter contained in it and supersedes all prior and Q contemporaneous agreements, representations, and understanding of the parties. N t!1 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 Q 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 w total performance of its obligations hereunder. N Nt t� N N It to N w E L W t{� E V Q 6 Packet Pg.217 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 if not a business day, on the first Business Day following delivery, or if mailed, three days after mailing by registered or certified mail,return receipt requested, and in each case, a addressed, as follows: co If to the Company to: with a copy to: c U d Fire Recovery USA, LLC The Watkins Firm,APC d 2271 Lava Ridge Court, Suite 120 4275 Executive Square, Suite 1020 u Roseville CA 95661 La Jolla, CA 92037 2 Attention: Craig Nagler Attention: Chris Popov, Esq. 0 a� If to City to: City of San Bernardino 300 N. D St. a San Bernardino, CA 92418 Attention: Fire Chief a a� Or, if delivered by telecopy, 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 d succeeding transmission confirmed electronically, to the facsimile numbers provided above, or to d 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 a day other than a Saturday, Sunday or a Federal Holiday. 3 11.5. Waiver; Amendments: This Agreement, and the Transaction Documents, (i) set w forth the entire agreement of the parties respecting the subject matter hereof, (ii) supersede any N � prior and contemporaneous understandings, agreements, or representations by or among the parties,written or oral,to the extent they related in any way to the subject matter hereof, and(iii) C4 I may not be amended orally, and no right or obligation of any party may be altered, except as N expressly set forth in a writing signed by such party. L 11.6. Counterparts: This Agreement may be signed in several counterparts. w d 11.7. Expenses: Each party shall bear its own expenses incurred with respect to the M preparation of this Agreement and the consummation of the transactions contemplated hereby. 2 Q Signatures on following page: 7 Packet Pg.218' IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first written above. COMPANY: FIRE RECOVERY USA, LLC. a a California limited liability company n Z Q 0 a� By: d L U- 0 w Name: M. Craig Nagler d E L O Title: CEO �a L a. 0 CITY OF SAN BERNARDINO: d _ E d L By: a ro Name: Allen Parker w N d to Title: City Manager N Approved as to Form: w James F. Penman, City Attorney E 0 w a� By. �a w a 8 Packe#Pg.219 SCHEDULE A LIST OF COMPANY SERVICES 1. Fire Recovery USA agrees to bill the responsible party on the City's behalf for a services provided/rendered during motor vehicle incidents and other emergency incidents. The billing rates (mitigation fees) are listed as EXHIBIT A, but may change over time. Fire Recovery USA will provide notice to City of changes in o billing rates. 0 U- 2, Fire Recovery USA will provide, as a normal matter of business; entry of claims and submission to the responsible party, collections of monies deemed due to the City, payments of the agreed upon percentage of said monies to City, and o reporting of progress. N L 3. Fire Recovery agrees to bill to the best of its ability all claims provided to Fire a Recovery USA by the City. a 4. Fire Recovery USA will not begin litigation against a person, entity, or insurance y carrier without prior written approval by the City Attorney. 06 _ E 5. Fire Recovery USA agrees to reimburse City a portion of the monies collected at a rate of 80 percent of the total monies collected on the City's claims. a w _ 6. Fire Recovery USA agrees to pay these monies collected to the City on a x monthly or quarterly basis (at the option of the City), within seven (7) working `" days after the close and accounting of the monthly (or quarterly) billing cycle. N N 7. Fire Recovery USA agrees to make available reports via a password protected N website to the City which detail billable claims outstanding (which are claims E submitted, but not yet completed) and claims completed in the prior billing cycle. _ CD 8. Fire Recovery USA will not be responsible for, nor accept any liability for, any erroneous, invalid, or illegal procedure codes or claims submitted to Fire Recovery USA by the City on the Run Sheets. a 1 Packet Pg. 220 EXHIBIT A MITIGATION RATES BASED ON PER HOUR vai CD 0 The mitigation rates are based on Resolution 2013-1, as passed by the City of San Bernardino. ;v LL 0 L The following fee are hereby established for response services at traffic incidents that o involves traffic control or vehicle extrication on public right of ways, streets, and highways within the jurisdiction of the City of San Bernardino by billing the at-fault driver and/or the owner of the vehicle driven by the at-fault driver, and their respective a insurance companies: c a A. Traffic Control Fee: up to $373 per hour per incident N 06 B. Vehicle Extrication Fee (Level 1): up to $866 per hour per incident = a E C. Vehicle Extrication Fee (Level 2): up to $1,239 per hour per incident L a i- The fees established by this section are per hour and any additional response time for x the incident will be billed at 15 minute increments at a rate of$93,25 per 15 minutes for "' Traffic Control Fee, $216.50 per 15 minutes for Vehicle Extrication Fee (Level 1), and $309.75 per 15 minutes for Vehicle Extrication Fee (Level 2). N I " CC N w E L E U t4 w LATE FEES a If the invoice is not paid within 90 days, a Late Charge of 10% of the invoice, as well as 1.5% per month, as well as the actual cost of the collections, will be accessed to the responsible party. 2 Packet Pg. 221 5.K.c a� CIS U ® LL 0 O L Ar d CD cra LL W [3 LL 0: a � O m F— z cu »- !— > t3 W. E W ® CL 0 _ Q LLJ LU to x d o � x w ' U 1 r rr O �r c y W 1 ca N m 0 1.0 N LO o (J E c M 1 \ � - 2 1 *4 Q CO)` o U C O Gs (1) 6a a W 1 0) w O O Z � m CL Rt V 0 LL N O °- ° > CL to 0 W CO a> > O c a) N ® ® L .:r r ^ C 6 LL tae ( .� 4= ® N U twu N E U a ~ U g E F° LO r N t7 4 v _ _ Q Packet Pg. 222 S.K.c H V) CL J � M � d L M O U- F- O C L N U') w y w N O d C/) d N w U O U a a_ u� 0� w w w a O CO N N O O W > z ~ © d y W M = d W > Q O Q W = W Q' w w N N Q N 7 W D J m U) a O L CO N O U N N M r CL s U- w m O ri C � m � _ > C" a O V N O O L) U V d v d �- O � o N m c LL Cl) O z V L O W O_ 0 ,o -c � 'a � Q i— > > E �_ m u d N > U (� L O Q W uJ u- O o Q ti J LO O Packet Pg. 223 �xh.t d 0 Cit y of San Bernardino LL 0 0 L RF P F-1342 L a Fire Department Cost Recovery Billing Services for Traffic Control N and Vehicle Extrication 06 E L Q d V CD X W COPY N 211111:�:; il�— N O N O O. O L a N Reply by: April 29, 2013 x N O V Presented by y m Fire Recovery 0 U 2271 Lava Ridge Court, Suite 120 Roseville, CA 95630 w (888)640-7222 r a Packet Pg.224 0 'l . Cover Letter > O � o L 2 Main Proposal N !Q L a 3 c c 3. Vendor Data 3 N N Y d d L 4. Required Documents 3 x W N W Recommended R N O O. 5. Cost Recovery N Options B x W N 41 •""' 6. Sample Contract m O "w( L Y d V Y Y {-ire Recovery a USA Packet Pg.225' Fire R-- (ac,,LovP_,,rY O d CD www.firerecoveryusa.com U. April 24, 2013 L Q� L O City of San Bernardino Finance Dept. ATTN: Vanessa Sanchez t 300 N. "D" Street, 4`h floor L San Bernardino, CA 92418 °- _ Dear Vanessa: Q a� Thank you for the opportunity to provide a proposal for"Fire Department Cost Recovery n Billing Services for Traffic Control and Vehicle Extrication" for the City of San Od Bernardino. As a current client of the City of San Bernardino, there is no other company that can offer the ease of integration with your current city procedures E and policies. Q We are confident that we will meet or exceed your requirements listed in the "Scope of Work". In addition, we're offering complementary cost recovery options to increase potential fund recovery sources. Fire Recovery USA offers the following Cost w - Recovery programs and services: N • Full Inspection and Permit Billing N • Inspection Automation • False Alarm Tracking and Billing Program 0 0 We have over 345 national and 70 California cities and fire departments using our cost a recovery programs and are confident we can perform the requested work listed in this RFP in accordance with the requirements. X This proposal, and all of the information contained within, is valid for a period of one H hundred and twenty (120) days. Please feel free to contact us if you would like °; clarification on any aspect of this proposal. r cerely, m f, f Mike Rivera Chief Business Development Officer a, S L { u- ;"ty _ m E s c� www.firerecoveryusa.com Q 2271 Lava Ridge Court,Suite 120 Phone 888-640-7222 Roseville,CA 95661 Fax 916-290-0542 Packet Pg. 226 5.K.d m EMERGENCY RESPONSE RECOVERY > 0 How our system works. U. 0 Prior to Billing o The City of San Bernardino is currently a client of Fire Recovery USA, and therefore the software system is currently setup and in place. n. Billing Begins a At The Scene of the Incident: Your personnel will either log the data from the incidents you will bill for using your existing system protocol, or via our paper-based "Incident N Reports". 06 r Upon Return to the Station: Your designated personnel will submit the run using our secure RecoveryHub on-line system. When they log-on, RecoveryHub will recognize the a client and bring them right to their submission page. As an option, we have the ability to Q harvest the billing data from many of today's most popular RMS Systems including, Firehouse, Zoll, Fire Programs, etc. If available, our link will harvest the data information directly into our RecoveryHub site. x After Submitting the Run: We go to work in claim recovery. By utilizing the advanced technology in RecoveryHub, we should be able to use the necessary billing data for N most incidents without further contact with the client, depending on the quality of the information provided by your staff. o CL Virtually all of our interaction is with the at-fault individual and their insurance company. a We will determine the existing claim number (or create a new claim with the insurance N carrier), bill the individual and submit the claim to the insurance company, provide follow- Q up proof of laws, legal documents, and other information, and finally, recover the funds. x w Our Processing Center: After receiving the run, we assign it to a claim representative. aD Their job is to track down the individual and existing claim or create a claim with the appropriate insurance carriers and/or responsible parties. We work with the insurance in companies involved and/or the police to determine who is responsible if necessary for =, _ payment. _ •m Our Processing Center sends the initial claim to the responsible party and their L insurance, tracks the response(s) and begins to plan for approval of the claim. If initially o denied, the claim then moves to our escalation team who responds to the reasons for a the denial, provides the responsible party(s) of laws pertaining to the claim, and strategizes the most effective way to counter further denials of this claim. Fire Recovery USA uses advanced methods resulting in a proven higher recovery `` percentage -over 90% of "fluid-based" MVA runs with hazardous materials spills and over 70% of all billable events. F r w a Packet Pg. 227 5.K.d Viewing or Printing Reports is Available 2417: The main benefit of this program is our 0 exclusive 24/7 "Real-Time" information and status access through our RecoveryHub website. You'll never again have to wait for your data or reports. You can access from W virtually any computer, anywhere in the world. 'u- 0 r The status of each run (Current or Archived) is available 24/7, online, on RecoveryHub. This will both provide immediate account information, but also allow you to forecast o incoming funds and plan for their use. N 0 s U L 3 a Payment of Runs _ On or before the 7th of each month, we issue a check for all payments received prior to Q the previous month's cut-off date (typically the 24t''), minus our collection fee. This payment will also include an itemized breakdown of what runs the check is paid against. n Ca d E 0 Collection Fee rn a Our Collection Fee is 20% of only what we collect. a: 0 X w Integration N_ As a current client of the City of San Bernardino Fire Department, there is no other company that can offer the ease of integration with your current city procedures and 0 policies. Our software and systems is already in place at your location and operational. o Your staff has already been trained and requires very little re-training. You simply have aL to begin billing. X w N V d _ m d O V d W d L_ U_ _ Q� L V Y r Q Packet Pg. 228 5.K.d i "The future of our O _ d department, depends R ,0 novation-In and toim Rre Recovq&.S ? .r✓ R u d e r e � a = Chief Joe Morris, Hemet Fire Department a E V j� V u� W N d' to ACCIDENT/INCIDENT Fire Recovery USA PNL COST RECOVERY Fire Recovery USA is the nation's largest cost recovery N company for fire departments. We recover inspection, o Our incident billing system is a revolutionary cost self inspection and incident billing. The RecoveryHub, our a recovery tool for Fire Departments.We have developed proprietary cloud-based platform, allows your personnel to N a proprietary software system that delivers the highest monitor all activity on your account and provides real-time results in the industry for incident billing.We maximize reporting.Your team can manage today, not after the fact, w your recovery and minimize your efforts.We even as with most financial management platforms. Real-time N extract potential recovery items from your system information allows you to know exactly where you are in and post them to your account for you to review your cost recovery program. No one does it better than N and approve. And we provide immediate, real-time Fire Recovery USA. information for every incident with The RecoveryHub, our proprietary web-based management tool.You can FIREHOUSE Software's Exclusive Billing Partner m review all activity,financial results and details of your recovery accounts, 24/7, in real time. Leave the details Fire Recovery USA is proud to be�the exclusive billing c to us. You get funds, we do the work. partner for FIEtEi]OUSE Software .Our self inspection cost a recovery program integrates seamlessly with the FIREHOUSE W Software?With the flip of a switch,you can outsource your L- back office and let us provide the most effective,efficient and `_ Firc!�)%® seamless full-service cost recovery available.We bill,follow Recove y up,collect late charges and issue your funds. Simple. Efficient. Effective. a For more information contact 888-640-7222 1 FireRecoveryUSA.com Packet Pg. 229 5 0 0 COMPANY BACKGROUND U- 0 HEADQUARTERS a� Fire Recovery USA 2271 Lava Ridge Court, Suite 120 0 m Roseville CA 95661 N 0 U i 3 0_ fC SIZE OF ORGANIZATION / KEY PERSONNEL = a We have been providing cost recovery since 2006.We currently provide services Q to over 345 fire departments in 36 states and over 70 California fire N departments, including the City of San Bernardino. We are by far the largest 06 provider of Fire department-related cost recovery in the U.S. and are expanding daily. E d Our department heads are listed below. All of us are available to answer any questions or assist you. Any of us can be reached at(888) 640-7222. Please feel free to call or Q email. (' 13 Craig Nagler—Manager 1 CEO W cnagler @firerecoveryusa.com .. N Nr Rick Benner— CFO N rick @firerecoveryusa.com y 0 Mike Rivera—Chief Business Development Officer o m.rivera @firerecoveryusa.com 0. N Justin Powell —V.P. / Director of National Sales .g j.powell @firerecoveryusa.com W Cn Mark Oratiot— IT Research & Development Manager mark @firerecoveryusa.com U) Kevin Brown—IT Support Manager = kevinb @firerecoveryusa.com — 'm Wendy Walsh —Customer Support Manager wendy @firerecoveryusa.com a� a� L U. _ V t+ Q Packet Pg. 230 5.K.d CD COMPANY QUALIFICATIONS AND CERTIFICATIONS: 1. Fire Recovery USA, LLC is licensed in the State of California. Our Business License is number 036266. "- 0 2. Fire Recovery USA, LLC and our personnel meet all applicable legal and regulatory requirements associated with the performance of our listed duties. o d 3. Fire Recovery USA is the only fire billing service to be recommended by and partnered with the IAFC (International Association of Fire Chiefs) as well as the L CSFA (California State Firefighter's Assoc.). a I 4. Fire Recovery USA is financially solvent and has the financial resources and capability to meet the fiscal responsibilities to complete this project. Q I 3 06 c a� E d d L Q .1+ U CD x W N d' W N R N O Q. O i a N s x w Ly a� U C m N O V d d i LL w C d U t6 r Q Packet Pg. 231 5.K.d _ L O COMPANY EXPERIENCE - REFERENCES L LL O Clayton County F®, GA North County F®, CA Landry Merkison Bill Metcalf ° land ry.merkison @ccfes.org WMetcalf @ncfire.org o (770) 473-7833 (760) 723-2012 U L Regional F&R, AZ City of Hemet F®, CA a Steve Kerber William Whealan regional_fire@netzero.com wwhealan@cityofhemet.org (520) 723-4680 (951) 765-2450 Hemet F®, CA City of Pinole F® Joe Morris Jim Parrott jmorris @cityofhemet.org jparrott @ci.pinole.ca.us E (951) 905-9268 (510) 724-8974 0 L Arbuckle v F®, CA Lumpkin County Fire, GA d Casey Cox Edward Eggert U arbucklefire@frontiernet.net ed.eggert @lumpkincounty.gov X (530) 476-2231 (706) 864-3030 N d' N Rf N O O. O L a. N X W y N v m CD c 00 a� 0 U O d L LL U O a+ r-. Q Packet Pg.232 5.K.d COMPANY EXPERIENCE - CLIENTS O • Foresthill FPD, CA • Beulah FD,AL d • Sam Owen Fire District, ID • DeKalb VFD, TX LL • City of Pinole FD, CA • Oronogo FPD, MO ° • Tri-City Fire District,AZ • Merkel VFD, TX O • Nevada County Con, Fire District, CA • Loomis FPD, CA N • Pleasant Grove VFD, TX ° Carpinteria-Summerland FPD, CA • Westphalia VFD, TX • Georgetown FPD, CA n'. • Crims Chapel VFD, TX • Central Crossing FPD, MO c • Briggs County VFD, TX • Rio Vista FD, CA Q • Oakhurst VFD, TX • Lake Dunlap VFD, TX N • Central Polk County F&R, MO • Newcastle FD, CA • Florissant FPD, CO • K.A.W. FPD, MO • Hellsgate FD,AZ • Nevada City FD, CA d • Pioneer FPD, CA • Redings Mill FPD, MO Q • Northern Arizona Fire District, AZ • Bradford Township VFD, ME ? • Tusayan FPD,AZ • Seneca Area FPD, MO X • Penryn FPD, CA • Goodman Rural FPD, MO w N • Fairmount VFD, TX • Ponderosa VFD, TX N • Ora VFD, TX • Moberly FD, MO • City of Upland FD, CA • Mifflin Township FD, OH 0 CL • Montezuma FPD, CA San Antonio FD, MO o L_ • Sunset VFD, TX • Oakalla VFD, TX r Olancha Cartago FD, CA • Duncannon Fire Company, PA • x • Superior FD, AZ • Ripon Fire District, CA N • Dobbins-Oregon House FPD, CA • Fruitland FPD, MO • Myersville VFC, MD • Anderson VFD, MO • C-5 Red Lick/Leary VFD, TX • Carterville VFD, MO c • Rendon FD, TX • Tuolumne Fire District, CA m • Kirkwood VFD, CA • North County FPD, CA • Humansville Fire&Rescue VFD, MO • Georgetown FD, IL a� • Calhoun FD, MO • South Placer FPD, CA m L • Sutter-Basin Fire District, CA • Oakdale Rural FPD, CA u- w • Ronan FD, MT • Regional F&R, AZ • Levita FD, TX ° City of Hemet FD, CA • Mayo Area Fire District, SC Smith Grove FD, NC Q Packet Pg. 233 5.K.d > Meridian FPD, CA • North Cumberland FD, RI 0 d • Molalla Rural FPD, OR ° Verde Valley Fire District,AZ a� • Westside FPD, ID • Noel FD, MO U. • Central Oregon Coast F&R, OR • Canby Fire District, OR ° L d • Oberlin FD, OH • Arbuckle - College City FPD, CA O • Southside Fire& EMS, GA ° Cuba Community FD, MO N • City of Petaluma FD, CA ° High Country Fire-Rescue,AZ L • Pineville Rural VFD, MO ° Leland Volunteer F&R, NC a • Carl Junction FPD, MO • City of Browning FD, MO 3 c • Ferry Okanogan FPD, WA • Millersville FPD, MO a • West Valley FD, OR ° Garden Valley FPD, ID N • Franklin Township FD, OH • Stella Rural VFD, MO 0s • Tiff City VFD, MO • Lake George FPD, CO C • Mokelumne Rural Fire District, CA ° Queen Valley Fire District, AZ E m • Schell Vista FPD, CA • Waterloo Morada Rural FPD, CA Q • Southwest City VFD, MO • Avilla VFD, MO • Crocker Rural FPD, MO • Willow Creek FPD, CA x • El Dorado County FPD, CA ° Keyes FPD, CA w N • Seal Rock Rural FPD, OR • Central Coventry Fire District, RI N • Eagle Rock-Golden Mano FPD, MO • Okanogan County Fire#7, WA �a • River Delta Fire District, CA • Waynesville Rural FPD, MO o CL • City of Selma FD, CA • Bourbon FPD, MO ° a • Golden Shores FD, AZ • Lanagan VFD, MO • City of Manteca FD, CA • Gordonville FPD, MO x • Coolin-Cavanaugh Bay FPD, ID • Apple Valley FPD, CA u1 • Central Jackson County FPD, MO • Cumberland Hill FD, RI L • City of San Bernardino FD, CA a Four Mile FPD, CO • White Rock VFD, MO ° Heart of the Pines VFD, TX = • Escalon Consolidated Fire, CA ° Intermountain F&R, CA m • Simms District VFD, TX ° Pinch VFD, WV • Higgins Area FPD, CA Forest Lakes Fire District,AZ a� • Placer Hills Fire District, CA ° United Steam Fire Company, MD a� L • East County FPD, MO • Janesville FD, WI LL • North Fork FPD, ID ° Stockton FD, CA • Mormon Lake VFD,AZ • Cornwells Fire Company, PA • South Montgomery County FD, TX • Penn Valley FPD, CA w Q Packet Pg. 234 i 5.K.d C CD • South Lake Tahoe FD, CA • Avra Valley Fire District,AZ > 0 • Hematite FPD, MO • Albany Fire Department, CA m • City of East Point FD, GA • Thanksgiving VFD, NC LL • Okanogan County Fire#6, WA • West Johnston VFD, NC o L CD • North Stone NE Barry Cnty FPD, MO • Kanawha FPD, CA CO River Indian Tribes FD, AZ • Union County FD, GA O • N North Tahoe FPD, CA • Weiser Area Rural Fire District, ID `� • U L • California City FD, CA • Botsford Fire &Rescue, CT a • San Miguel Consolidated FPD, CA • Moraga-Orinda Fire District, CA c • Placer County FD, CA • Four Oaks VFD, NC a • City of National City FD, CA • Pine-Strawberry Fire District, AZ 3 • Reagan VFD, TX • Huffman VFD, TX 06 • City of Globe FD, AZ • Pattenburg VFD, NJ (D • Quapaw FD, OK • North Lyon County Fire District, NV E a� • City of Peru FD, IN • Tahoe Douglas FPD, NV Q • El Medio FPD, CA • Crown King Fire District,AZ • City of Quincy FD, MA • Morrisville Fire&Rescue, MO x • Smithfield FD, NC • Yolo Fire Protection District, CA W • Oatman Fire District,AZ • Sandy Hook VF&R, CT N • City of Willows FD, CA • Pleasant Valley FD,AZ • Valley Falls FD, RI • Newtown Hook and Ladder, CT Q • Ashland F&R, OR • Clendenin VFD, WV a • Lake Valley FD, CA • Fairview•Caseyville FPD, IL N .. • Hamilton City FD, CA 0 French Village FD, IL x • Lumpkin County Fire/EMS, GA • Pine Level FD, NC Y • Sweetwater County Fire Dist., WY • Canyon Fire District, AZ v • Fairview Community VFD, OH • Lapaz-North TWP FD, IN • Inter City FPD, MO • City of Hartsville Fire, SC = • City of Jackson FD, MO • Boone County Rural, IL m • Albion FD, RI • Wittmann Fire District, AZ m • City of Oakland FD, CA • DeSoto Rural FPD, MO 0 m • North San Juan FPD, CA • Big River Fire Prot. Inc., MO a� L • Rodeo-Hercules FD, CA • Halfway Fire and Rescue, MO LL • Wellton Fire, AZ • Long Creek VFD, TN • Wheatland VFD, MO • Micro VFD, NC EC • Eastern Plumas RFPD, CA • Washington Township VFD, PA Q Packet Pg. 235 .:, > m • Concord Fire Department, KY • Winnabow VFD, NC > 0 U • Fox River Grove FPD, IL Pinal Rural Fire Rescue,AZ d d • Nunda Rural FPD, IL ° Ripley VFD, WV U_ • Algonquin-take FPD, IL • Central Lyon County Fire Dist„ NV o L • Huntley FPD, IL • Crawford VFD, AL a • Williamson Valley Fire District, AZ • Northeast Nelson FD, KY N • Southport Rescue Squad, NC • Beach Park FD, 1L L • Waukegan Fire Dept., IL • Cedar Grove VFD, WV a • Harvey Fire Department, IL • Stewartsville FPD, MO • Wood Heights FPD, MO 6 Centennial Fire District, MN Q • Irondale FPD, MO • City of Taylor, TX y • Dickinson VFD, TX • Seven Hills Fire District,AL • Lanton VFD, MO • Shelter Valley VFD, CA a • Lyndon FPD, KY • Ifenly VFD, NC n) DixmoorFire Department, IL • Palatine Rural FPD, IL p Q • Channahon FPD, 1L • London Mills FPD, IL a; • DeKalb Fire Department, iL • Little Rock-Fox FPD, IL o aD X • Kankakee Township FPD, IL • Smiths Station F&R, AL W • Lyons FD, IL • Sugar Grove FPD, iL N • Marengo FPD, IL • Rangely Rural FPD, CO 7i • St. Clair FPD, MO • City of Elgin, IL a • East Dubuque VFD, IL • River Grove FD, IL a. • Elevation VFD, NC • Bowie County, TX N • Steelville FPD, MO • Garden Valley FPD, CA X • North Cape FPD, MO • Cary FPD,1L LLJ N • Jefferson FD, GA • Appleby VFD, TX • Northeast F&R, TX • North Shelby Fire District,AL N • Hudson FPD, CO • Boiling Spring Fire Rescue, NC • Cleveland VFD, NC • Wadesville Township FD, iN m • Taylorsville County FPD, KY • Chicago Heights Fire Department,IL • Bertram VFD, TX • Theodosia VFD, MO a� • Buckheart TWP FPD, IL • Reidland Farley Fire District, KY a� L • Dedham/Lucerne FD, ME • Harvey-Brewers FD, KY LL • Wolf Creek FD, MO • Post Mountain VFD, CA • Jasper Farmers FP Assoc., MO • Harris County ESD#24, FX E U • City of Vale, OR • ENO Fire Department, KY Y Q Packet Pg. 236 5.K.d a� • Downriver Fire Company, CA ° Roberts Park FPD, !L Republic Volunteer Fire Co., PA • Piney Fire Department,AR Re p � a� • Frankfort FPD, iL • Flossmoor VFD, IL • Dexter Fire Department, ME • Grand Traverse Metro, MI ° CD • • Pederna Glasgow VFD, WV les Fire Department, TX ° City of Murrieta, CA • Ladonia Fire Department,AL Y • Elm Mott Fire/Rescue, TX • Blanco VFD, TX L • City of Boise, ID • Garrettsville Freedom, OH 3 a • Sacramento Metro Fire District, CA • Towns County Fire, GA c • Channelview Fire Department, TX • Leesburg VFD, MO Q e City of Clinton, NC • West Alexander VFD, PA N Rockland FPD, IL • Eolia Community FPD, MO 06 • Isle of Hope VFD, GA • Sarcoxie Fire Department, MO = m • Clayton County FD, GA • Mokena Fire Protection District, IL d CD • Fork VFD, NC • Eastex VFD, TX a • Pratt Community VFD, WV • City of Fate, TX • Hallsville Vol. Fire Dept., TX • Sauk Village FD, IL X • East Joliet FPD, IL • Hometown FPD, !L W N • Burlington Community FPD, IL • Doe Run FPD, MO N • Fort Mitchell VFD,AL • Florence VFD, TX • Belle VFD, MO • Plainfield FPD, IL O 0 a • Bacllff VFD, TX • Congress Fire District, AZ ° a • Hawleyville Vol. Fire Co, CT • Detroit, Ml(contract pending) N Farmington Rural Count FPD, CA ° • Central Calaveras Fire, CA ° J Y x • Snowflake Fire Department,AZ W y d • Scott Township FD, iN • East Troy Area ESD, Wi • Pittsfield Township, MI c • French Camp Fire District, CA m • Willington Fire Dept., CT � a� • Trinidad Volunteer Fire Dept, TX ° U d • GA Garden City Fire Department, m L • Chatham FPD, IL u- w • Sealy VFD, TX E ° Marinwood FD, CA U • Moody VFD, MO Q Packet Pg. 237 5.K.d COMPANY EXPERIENCE CD L La suits L Fire Recovery USA had never been involved in a lawsuit. "a 0 L a �a c Organization Chart Q 1111111111110ft 06 N N Fire Recovery Organization Chart E a� L Q ManagerlCEO � Crag Nagler d X W N CFO Cust Support Mgr, r,BDO VP of National Sales ITRdD Director IT Support Manager Rick Benner Wendy Walsh Mike Rivera Justin Powell M1tark Gratoit Kevin Brown N N Recovery Center Markefing Outside&ales iT N Team Members Team Team Members Team Members CL O L a N .Q X W to N U .y N c Training m Training will cover the capabilities and requirements to make any/all of the programs ; 5.K.d 0 v Hardware And Software Infrastructure & Security Our Claims Processing Center utilizes a "cloud-based" computing platform that runs across multiple servers. The hardware is redundant and switched automatically o from machine to machine, as necessary, Our system includes additional guaranteed resources, which we can scale up as necessary. o a� Software— custom written to our proprietary collection system. • Operating System is Linux/Apache • Further information is proprietary and confidential a c Current VPS Info Q • 1.6 GHZ dedicated CPU 3 • 16 GB dedicated RAM • 4 TB storage 06 • 1,000 GB transfer • Shared firewall E • Fully Managed 247 support a Data Center— Security features • Biometric locks x 24/7 Video recording with 30-day retrieval w o N • 24/7 Multi-man security • Self-powered kinetic locks on each cabinet cn O Our IT Term's qualifications include: o CL • Certified Internet Webmaster (CIW) • CIW Database Design Specialist • CIW Web Security Professional " w • Cisco Certified Network Associate (CCNA) d • Cisco Certified Network Associate Security (CCNA Security) • Cisco Certified Network Professional (CCNP) cn • Cisco Certified Voice Professional (CCVP) • Cisco Certified Network Professional Security (CCNP Security) (in progress) • Cisco IOS Security Specialist m L 0 U d d i LL C d U r+ Q Packet Pg. 239 5.K.d m Average Collection Rates L U- • Emergency Response Recovery— 70% to 90% (depending on fire o department data) L O • Full Inspection and Permit Billing —90% N • First Responder/EMS Subscription — 100% a • First Responder/EMS Response Billing — 50% a • False Alarm Tracking and Billing Program — 35% N _N 06 rr G (D E d d L Vendor Proposal Requirements (vendor to confirm or Q answer each in the formal bide X a) Describe the fees that would be charged by your firm to provide insurance recovery w service. The fees should be stated as a flat percentage of funds collected, or as a flat NT rate per account, plus any additional charges or expenses for which your firm would N expect to be reimbursed. our fee is 20% of only what we collect. There are no other R fees. 0 0 L b) Proposal shall include any optional, additional or recommended services and their o. respective price. Affirmed-- See Section 5. c) Vendor must provide a written policy for the release of confidential information. Our w Official Internal Data Policy is that no confidential information will be released to anyone other than the password protected person(s) authorized by the City of ;' Sacramento and the insurance company(s) involved in the incident. In addition, only those employees in our Recovery Department who are authorized to input cn and track claims will have access to confidential information on any claims and the individuals involved in the claims. _ m d) Vendor will provide a sample contract and an explanation of its pricing structure for the City to review. Pricing should include billing for services and any other vendor fees. 0 Affirmed _ See Section 4. as L e) Vendor shall submit its' average collection percentage rate. Based specifically on U- the incident types in this RFP, our collection rate was approx. 80% in 2012. This rate is highly dependent on the client providing adequate milling data to enable us to meet our normal collection rates. � r .t+ Q Packet Pg. 240 f) Vendor shall bill insurance companies at rates approved by the City of San 0 Bernardino established under City Resolution and approved by the Mayor and Common es within our Council. Affirmed, but must fall within established accepted billing rat L industry. U. 0 r g) In the event of a dispute, the vendor will provide a report on claims and disputes. Affirmed. p 0 h) Vendor must provide an internet accessible portal to transfer information for billing at no expense to the City of San Bernardino. Affirmed. l' a. i) Vendor must have a password-secured website that supports secure claim submission over the Internet and which allows authorized personnel to view reports related to the claims i.e., "account aging" and "payments received". Affirmed. a d 0 j) Vendor website shall have two levels of security access. One level for Run Sheet y submission and a higher level for view/downloading reports. Affirmed. We provide three levels of access: Draft Submission Only, Able-to-Submit, and Chief level d with full reporting capabilities. E as as k) Vendor will provide on-line electronic file lookup and be able to accept information c from the City via email, fax, or from an electronic format. Affirmed. r 3 I) Vendor will provide custom reports and data exports an any data fields. Affirmed. x W N Vendor must be able to provide Reports by. Selecting a date range Daily o Monthly o Quarterly aL Annually N w Year to Date Districts x Station w v� Type of Service Performed (D Other Reports Required of Vendor: N Accounts Receivable Aging 9 g c Month End Statements Billing and Claims 0° d 0 m)Vendor will ensure daily backups are stored in a secure safe location. Affirmed, see U "Hardware And Software Infrastructure & Security" above. d L n)Vendor will describe the security measures used and provide adequate assurances of r safeguards of the confidentiality of records. Our Official Internal Data Policy is that no a confidential information will be released to anyone other than the password .EE protected person(s) authorized by the City of Sacramento and the insurance company(s) involved in the incident. In addition, only those employees in our a Packet Pg.241 Recovery Department who are authorized to input and track claims will have 0 access to confidential information on any claims and the individuals involved in the claims. (D LL o) Vendor will send all billing invoices under the City's name,All remittance checks from o insurance companies shall be made payable to the City of San Bernardino. Affirmed. (D L p) Vendor will mail all checks to the City of San Bernardino on a monthly basis for all o billable runs/invoices received the prior month. If requested by the City of San L Bernardino, vendor will make daily direct electronic deposits into the city's designated i bank account and fax to phone number 909-384-5281 attention Fire Chief. Affirmed. a q) Vendor will provide complete and accurate transcription of records. Affirmed. a r) Vendor will provide communication only to the designated City representative(s) for ; N the Client. Affirmed. N 06 s) Vendor will allow local, on-sight inspections of records and deposits by designated City personnel and/or City external audit firm. Affirmed. E a� a� L t) Vendor will provide training for all personnel and administrative personnel on the a system setup and procedures as well as provide customer service and training to the City staff regarding billing questions, fielding of complaints, setup of files and report run assistance. Affirmed. w u) Vendor will have knowledge of fire service terminology in order to field billing customer complaints and assist City staff. Affirmed. N N 0 0- 0 L a. N r X W N d U d Cn C m d 0 U Q d L LL U w Q Packet Pg. 242 5. C i d > . O V CD PRICE FORM CD LL O Please provide detailed information in the space provided below, Pricing should include billing for services and any other incidental or additional costs required to complete the Technical Specification requirements. Attach additional pages if 0 necessary. R U REQUEST FOR QUOTES: RFP F-13-22 a DESCRIPTION OF RFQ: Fire Department Cost Recovery Billing Services for Traffic Control and Vehicle Extrication a d BIDDER'S NAME/ADDRESS: Ilzcr 6UC-(z1I U SIB- v E L Q d NAME/TELEPHONE NO, OF AUTHORIZED REPRESENTATIVE N Email: fe I V G(-ZA @ IZ�CdVG-IL Q SA ca -- — N O Q At a minimum provide: o a 1. Vendor agrees to be compensated for such services ount equal to twenty percent (20%) of bill collections. (circle one) ES or NO X W or a 2. Flat Percentage (%) of Funds Collected: cn or m 3. Flat Rate per Account: 4. Average Collection Percentage Rate: _ _ a� d L_ U. w CD G 22 R w r Q Packet Pg. 243 S.K.d > PRICE FORM(cont.) 0 W o: ANNUAL PURCHASE ORDER LL 0 Effective on or about July 1, 2013 through June 30, 2014 plus three (3) single- year options, for City's partial requirements, on an as-needed basis, with no 0 guaranteed usage for Traffic Control and Vehicle Extrication. N Option year one, if exercised, shall be effective July 1, 2014 through June 30, 2015. Option year two, if exercised, shall be effective July 1, 2015 through June 30, 2016. o. Option year three, if exercised, shall be effective July 1, 2016 through June 30, 2017. 3 Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising of any given option year. Option years shall become effective only N upon issuance by the City of a duly authorized Purchase Order. w Are there any other additional or incidental costs that will be required by your?N)o" in order to meet the requirements of the Proposal Specifications? Yes / a (circle one). If you answered "Yes", please provide detail of said additional costs: d X X w - N d' W Please indicate any elements of the Proposal Specifications that cannot be met by your firm. N 0 a 0 L CL N Have you in din your proposal all informational items and forms as requested. Yes / No . (circle one). If you answered "No", please explain: x w y d v m U) This offer shall remain firm for 120 days from RFP close date. M Terms and conditions as set forth in this RFP apply to this proposal. i a 0 Cash discount allowable fo days; unless otherwise stated, payment terms are: Net thirty (30) days. d U_ _ E U Q 23 Packet Pg. 244 0 o PRICE FORM(cont.) m L In signing this proposal, Offeror(s) warrants that all certifications and documents U. requested herein are attached and properly completed and signed. ° a� From time to time, the City may issue one or more addenda to this RFP. Below, o please indicate all Addenda to this RFP received by your firm, and the date said N Addenda was/were received. I L 7 Verification of Addenda Received a Addenda No: Received on: a Addenda No: Received on: Addenda No: Received on: N FIRM NAME: IFU�'" 'e (RUC=`l?'q Z �Y t (A-V P IZ I rJG C T ADDRESS: a 1,60skEt-\1 I La L L-; C Q S-(bc Phone: l� W Email: 'SA- e-z) A t _ / v Fax: r � o a Authorized Signature: ✓ a _ a Print Name: l '� �4�L 1�' ► ' Title: OIl Vl d U IF SUBMITTING A "NO PROPOSAL", PLEASE STATE REASON (S) BELOW: � a c 'm a L a� 0 0 CD d L U_ C 24 w a Packet Pg. 245 5.K.d m SUBCONTRACTOR'S LIST 0 d As required by California State Law, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for LL each particular trade or subdivision of the work in an amount in excess of one- ° L 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 o 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 a that portion himself and that he shall perform that portion himself. _ a DIVISION OF NAME OF FIRM OR LOCATION N WORD OR CONTRACTOR CITY N TRADE °6 E L Q d V d W N d' N o CL Print Name Signature of Bidder N X Company Name: 112= L d VL�-` (� W CA CD Address: C/A 9 564 m REJECTION OF BIDS > 0 0 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 U_ not affected by law, if to do seems to best serve the public interest. CD U r w a 26 Packet Pg. 246 S.K.d BUSINESS LICENSE CERTIFICATE �=a 311 Vernon Street �'��'` ti "'�'"� Roseville,California 95678 "For Services Provided in the ROSE�YI L License Division.(916)774-5310 City of Roseville, California Only" r t s a o r i = BUSINESS NAME: Fire Recovery U S A,L L C DESCRIPTION: Billing And Collecting Service d tY BUSINESS LOCATION: 2271 Lava Ridge Ct Ste 120 Roseville,CA 95661 BUSINESS OWNER: Craig Nagler Special Conditions:MISCELLANEOUS SERVICE ° L O Business License Number: 036266 N FIRE RECOVERY U S A,L L C R 2271 LAVA RIDGE CT STE 120 ROSEVILLE CA 95661-3065 Effective Date: January 25,2013 a Expiration Date: December 31,2013 TO BE POSTED IN A CONSPICUOUS PLACE NOT TRANSFERABLE Q m N _N 06 w C d E d O L U O X W N d' N f6 N O O- O L a N r2 X N d _U > L d Cn C m A L N > O U O L� d L_ U- d U t0 Q Packet Pg. 247 a>> NON - COLLUSION AFFIDAVIT 0 m m L TO: THE COMMON COUNCIL.., CITY OF SAN BERNARDINO U. 2 L In accordance with Title 23, United States Code, Section 112, the undersigned hereby states, under penalty of perjury: N 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 a competitive proposal in connection with RFP F-13-22. Q Business Name P11Z4� Cc�V� �' S/J— 2'Z-t I LA VA I IO&C- C-F !Z to 06 Business Address 0oSc-u 4-(- = _� E L Signature of Offeror(s) 4 a XPlace of Residence w N d' N Subscribed and sworn before me this 2 3 day of L1'4pr;J 20 N 0 Notary Public in and for the County of j9/00c/"' State of California. n. My commission expires Apra 3 -' 20 X w a _v TATVANA BEKNAIAROV Gommission# 1972284 e m notary Public-calif, is rn sacrament®County N1 Comm.Ex ices A r 13,20143 = m d 0 U d d L LL w C d t U R w r Q 25 Packet Pg. 248 FIREREC-01 SERRANOS CERTIFICATE F LIABILITY INSURANCE DATE D/YYYY) 1/412013 3 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS :RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 0 -:LOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED U REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(fes)must beendorsed. If SUBROGATION IS WAIVED,subject to L the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the ILL certificate holder in lieu of such endorsement(s). O CONTACT PRODUCER NAME; s' IDA Insurance Services-SAC PHONE (996)692 7000 ac No):(916)473°1797 2180 Harvard Street,Suite 450 [AIC.No,Ext; _ Sacramento,CA 95815 A DRIESS: INSURER(S)AFFORDING COVERAGE NAIC p N _ INSURER A:Hartford Casualty Insurance Company 29424 INSURED INSURER B:Hartford Fire Insurance Company 19682 c Fire Recovery USA, LLC INSURER C:Aspen American Insurance Company 43460 n. 219 Vernon Street INSURER 0, O Roseville,CA 95678uRe€s�E„ _ s � Q INSURER F COVERAGES CERTIFICATE NUMBER REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANC4'LISTED BELOW HAVE BEEN ISSUED TOT INSURED NAMED ABOVE FOR THE POLICY PERIOD N INDICATED. NOTWITHSTANDING ANY REQUIREMENT eTtRM OR CONDITIO F ANY CONTRACT 0 OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, INSURANCE AFFO D BY THE POLICIES =ESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICI IMITS SHOWN MAY HA B EN REDUCED BY PAI CLAIMS. POLICY EFF ICY EXP 0) ILTR TYPE OF INSURANCE INS D POLIC U ER MM/DD/YYY N/00/YYY LIMITS GENERAL LIABILITY _ EACH OCCURRENCE $ 1,000,000 _D­AWKGET0_RrNM CD A X COMMERCIAL GENERALLIABILITY � )( 21SBABT 46 9/6/201 916/2013 PREMISES Ea occurrence $ 300,000 CLAIMS-MADE ®OCCURa r f MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 � y t i GENERAL AGGREGATE $ 2,000,000 y ,ENT AGGREGATE LIMIT APPL_S PER. PRODUCTS-COMP/OP AGG $ 2,000,000 t j X POLICY PRO- LOC $ AUTOMOBILE LIABILITY Ea COMBINED SINGLE LIMIT $ 1,000,000 q A ANY AUTO 21 SEABT9461 9/6/2012 9/612013 BODILY INJURY(Per person) $ N ALL OWNED ��CHEDULED `� BODILY INJURY(Per accident) $ AUTOS UTOS ON PROPERTY DAMAGE y X HIREDAUTOS X ON PER ACCIDENT $ Q $ O L UMBRELLA LIAR CCUR EACH OCCURRENCE $ D. EXCESS LIAB CLAI AGGREGATE _ $ N DED RETENTION$ $ WORKERS COMPENSATION X WC STATU- 0TH- .0 AND EMPLOYERS'LIABILITY Y M T ER X B ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N NIA X 21WECP07250 5/1/2012 5/1/2013 E.L.EACH ACCIDENT $ 1,000,000 W OFFICER/MEMBER EXCLUDED? ® 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ N If yes,describe under 1000000 � DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ s e C Professional Liab. LB7174212 5/1/2012 5/1/2013 Aggregate 2,000,000 0 C Professional Liab. LB7174212 5/1/2012 5/1/2013 Each Claim 1,000,000 to rn C DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) m Re:Fire Recovery USA consultant agreement-Service Provider for the EMS Subscription Program and Response Fees.Term-five years commencing November 20,2012.Certificate Holder is an Additional Insured as respects to General Liability for work performed by the Named Insured as required under written contract and is primary and non-contributory to any insurance that may be carried by the MFD.30 Days NOG 110 days for non-payment of premium in m accordance with the policy provisions.Waiver of Subrogation in favor of Certificate Holder with regards to the Workers Compensation. 0 Q L LL CERTIFICATE HOLDER _ CANCELLATION = m SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE E THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN v ACCORDANCE WITH3HE POLICY PROVISIONS. r Q AUTHORIZED REPRESENTATIVE City of Murrieta,Murrieta Fire Protection District 41825 Juniper Street _ ur eta CA 92562 _ �M Packet Pg. 249 ©1988-2010 ACORD CORPORATION. All ri m > R O Fire Recover V/� r L USA r U. d L O N R t U L a This section relates to other 3 a 3 Cost Recovery services offered 06 E by Fire Recovery USA. U x W N d' N O N O Q O L a N 73 t K W N N U d N 01 C in d O U d d L_ LL. Y U y.I Q 5.Kd (D O FULL INSPECTION BILLING > L How our system works. Y L Prior to Billing o d The City of San Bernardino passes an ordinance that allows you to bill for fire M inspections along with fee schedules that provide an average inspection fee of$100. a. The Concept— Dull Inspection Using FHinspectorfor Pad, the City of San Bernardino can achieve substantial Q efficiencies up to as much as complete a full inspection in about one-third the time of N traditional paper-based inspections. 06 FHlnspector provides a street map of the coverage area and place flags on the map on E n addresses that are in need of inspections. ra ,.. Q .r a � U k W U N Free From obstru¢t4n N U IC ' N wn I _. O Fire Escapes Proper lhdntained Swirl— Address 1.pjntoi- °- 0¢ITaco 105 Old Flank RD Alllmn 6/26112 n N .6.r D¢11s"bY5wP1YSJor¢ 115W.11 nAYE 6116/12 Goer Cre¢k Animal HOSpdal 365 Saxon6on Re 6126/12 Corridors and Exits haporly lighted ... W a CD U i NSF '` Exit Signs Iltuminatct AWN,Aj,1M n � .....tad m L . _ 0 U d Q' i U. The inspection form on the screen allows easy "touch-pad"selections and includes the E applicable fire codes for all the inspection items. w a Packet Pg.251 L Once the inspection is complete, Fire Recovery USA receives the appropriate > 0 information for billing automatically. Our exclusive arrangement with Firehouse Software allows us to receive the data, invoice the business, process payments and issue a fire permit after payment is received. We can even update Firehouse Software once U_ payment status changes. All accounting and data operations are handled by Fire o Recovery USA without need for further action from the City of San Bernardino. L 0 N The Concept— Self-Inspection U L To supplement the FHlnspector program, Fire Recovery USA has created a fully a integrated Self-Inspections program, which assures all businesses are inspected annually. This full program also allows the cost of your inspection and fire prevention program to be allocated across every business in the community allowing for a higher Q revenue-producing program to the City of San Bernardino while being more affordable N for business. N 06 Fire Recovery USA will mail an information package to each business, containing a letter CD from the Fire Department explaining the program as well as instructions how to login in F to our website and perform a self-inspection. rn The responsible party completes the Inspection Form online. Our system allows the participant to pass or opt-out and receive a full inspection. A"no pass" requires the business to make corrections prior to completing the online form. If they fail to complete X the corrections in a timely manner, a full inspection will be scheduled. If a business does w not meet specific criteria set by the City of San Bernardino they will automatically be sent to the fire department to schedule a full inspection. If the business passes, the payment for their Fire Permit can be made immediately online or mailed by check. N Fire Recovery USA processes the payments, as well as provides online access to the CL fire department and city for each inspection. This information is available 24/7 via the a Internet and is password protected for security. N r X w a� U a� Lo rn c m a L m 0 U N L U. w D E U w Q Packet Pg. 252 5.K.d 0 U d Total Inspection Recovery Summary LL O w.. L d L 0 Full Inspection Income -Year 1 $184,620 Self Inspection Income -Year 1 $205,400 TOTAL INCOME -YEAR 1 $390,020 a a Full Inspection Income -Year 2 $214,470 Self Inspection Income -Year 2 $205,400 TOTAL INCOME -YEAR 2 $419,870 06 d E d L TOTAL 2-YEAR INSPECTION INCOME »»»> $809,890 U a� x w N d' N f6 W O Data used for Calculations from U.S. Census: o CL N ++ 1. 12,600 Total Businesses 2. 8,800 Billable Businesses (assumption, deducting 30% for w home-based businesses) U N Assumption: e 3,000 high-risk, requires full live inspection. e 5,800 low-risk, can utilize Self Inspection Program. m a 0 We would be happy to revise this forecast when more accurate data is available. U_ w - d E r w a Packet Pg. 253 S.K.d 11 L 1 > 0 U 2-Year Inspection Revenue Forecast LL Fire Department supplies Wads ° L O U N f4 VARIABLES U Average Inspection Fee $1©0.00 a Estimated Number of Annual Inspections 3,000 Estimated Collection Percentage 90% a Estimated Number of iPads 10 3 System Setup Charges $1,000 N 06 c EQUIPMENT COST TO THE FIRE DEPARTMENT Year 1 (see page 2 for cost detail) $34,430 Q Year 2 (see page 2 for cost detail) $5,580 a; m 0 w N REVENUE TO FIRE DEPARTMENT � Gross Inspection Revenue -Year 1 $270,000 Minus Year 1 Collection Fee $49,950 0 Gross Income -Year 1 $220,050 0 Minus Year 9 Equipment Costs $34,430 °- N Minus Year 9 System Setup Costs $1,000 Net Income Year 1 $184,620 x w m Gross Inspection Revenue -Year 2 $270,000 Minus Year 2 Collection Fee $49,950 in Gross Income -Year 2 $220,050 c Minus Year 2 Equipment Costs $5,580 m Net Income Year 2 $214,470 a� 0 U d TOTAL 2-YEAR NET INCOME $399,090 L U- w+ U �Q Q Packet Pg. 254 S.K.d > O m Equipment & Service Cast Detail LL 0 L L EQUIPMENT BREAKDOWN -YEAR 1 Units Each Subtotal 0 a� Apple iPad 10 $629 $6,290 2-yr Apple Warranty 10 $80 $800 Otterbox Case 10 $80 $800 a Application Cost 10 $750 $7,500 AT&T Service @ $25/month 10 $300 $3,000 1-Time Software/Enterprise Link Installation 1 $6,000 $6,000 iPad Setup, Service & Deployment Costs 10 $204 $2,040 N Data Migration 1 $4,000 $4,000 Training 1 $4,000 $4,000 w SUBTOTAL OF ABOVE $34,430 E a, a� *If existing data is complete. If new data is required, the cost is $0.97 per record. Q a� X W N EQUIPMENT COST 2nd YEAR Units Each Subtotal Application Cost 10 $150 $1,500 AT&T Service @ $25/month 10 $300 $3,000 N iPad Maintenance Costs 10 $108 $1,080 0 TOTAL YEAR 2 EQUIPMENT COSTS $5,580 a N r t K W v d CD C m d O V d O L LL w C d E ro r Q Packet Pg. 255 ..... ..........._... I W > 0 a� Self Inspection Forecast �m O- L QD 2 L SELF INSPECTION CALCS Subtotal 0 a� Number of Self Inspections (5,800 @ 90% collection rate) 5,200 Cost per Self Inspection $50 L Gross Revenue $260,000 a Minus Collection Fee @ $10.50 $54,600 Q Net Yearly Self Inspection Income -Year 1 $205,400 N Net Yearly Self Inspection Income -Year 2 $205,400 _ _ c TOTAL 2-YEAR NET INCOME $410,8001 E a� d L Q Q� U Q) X W N of N l6 U1 O Q. O L a N a.� t X W y N U d U) O? C m O > O U d O L LL C O t U t0 .r Q Packet Pg. 256 S.K.d L N O V d FALSE ALARM BILLING PROGRAM U. False alarm activity is time-consuming and costly to your department and the ° L community. Fire Recovery USA's False Alarm Billing Program offers cost recovery for (D these incidents at a fraction of the cost, freeing up valuable, life-saving time and p resources. Fire Recovery USA is the leading cost recovery service in the U.S., assisting N fire departments across the nation in recovering the cost of providing emergency services. L a Fire Recovery USA's False Alarm Billing Program includes: _ a Monitoring, tracking, notifications, billing, collections and reporting on false alarm Q d runs N a 24/7 access to information from anywhere from your web browser or your mobile 06 device _ E a� a Notification of initial non-billable response and activity tracking Q a Full integration with your department's RMS System or CAD, with full 3 transparency and accountability a X w Using our proprietary system, Fire Recovery USA can process your false alarm runs, N report and fund your program cost-effectively and seamlessly. You do the runs; we N handle the rest at a fraction of the standard recovery cost. -- N O O. A typical Fee Schedule and billing trigger points: a N (a) One (1)false alarm within twelve (12) months in a calendar year tracked by the fire department or billing company are free of charge w (b) The Second (2nd) alarm in a twelve (12) month calendar year $150.00 U (c) The Third (3rd) through sixth (6`h) alarms in a (12) month calendar year$300.00 per N event not exceed $500.00 per calendar day. 'm a� We do not have your False Alarm Response data in order to provide a revenue forecast. We will be happy to provide upon � receipt of this data. LL w _ d t U RS Y w Q Packet Pg. 257 0 COMPREHENSIVE PROGRAM INTEGRATION ° CD One of the main benefits of all of the programs presented is our exclusive 2417 "Real-Time" information and status access through our RecoveryHub / o U. InspectionHub/ SubscriptionHub websites. CD L You'll never again have to wait for your data or reports. You can access at any time from virtually any computer, anywhere in the world. L 3 a �a _ Q d N Ca _ G1 f Program L Q d U • W N d' N N • • Q. • • O L • a N t K W f e Ul CD • U First f •� d W Responder, EMS'Subsetiption (D 7 O U L_ LL w _ d S U r+ y.. Q Packet Pg.258 > SERVICES AGREEMENT a� This Services Agreement ("Agreement") is made effective as of , U- 2013 ("Effective Date"), by and between FIRE RECOVERY USA, LLC, a California limited o liability company ("Company"), and XXX, ("Fire Department"). The Company and Fire Department are referred to herein individually as a"party"and collectively as the"parties." p RECITALS 2- L 3 WHEREAS, Company engages in the business of performing billing services("Company Services")for United States Fire Departments in connection with the motor vehicle incidents and other emergency incidents at which the fire departments provide emergency services: and a d WHEREAS, Fire Department seeks the services of Company to assist with the billing for y services that Fire Department provides in connection with motor vehicle incidents and other 06 emergency incidents; and d E WHEREAS, Company and Fire Department desire to enter into this Agreement to L memorialize their agreements regarding the Company Services to be provided to Fire a Department. NOW, THEREFORE, in consideration of the mutual representations, warranties and w covenants set forth herein and for other good and valuable consideration, the receipt and N sufficiency of which are hereby acknowledged,Company and Fire Department agree as follows: N t6 ARTICLE 1 0 ENGAGEMENT o L a 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 determine the method, detail and w means of performing the services detailed below. v ARTICLE 2 in REPRESENTATIONS AND WARRANTIES 2.1. Representations and Warranties of Company: Company hereby represents and 00 warrants to Fire Department that, at all times during the term of this Agreement, Company is a d limited liability company duly organized,validly existing and in good standing under the laws of C � the State of California. W a� 2.2. Representations and Warranties of Fire Department: Fire Department hereby U. represents and warrants to Company that, at all times during the term of this Agreement, Fire c p a� Department is a organized fire department established pursuant to the law., and ordinances of the E state in which Fire Department is located. w a Packet Pg.259 ARTICLE 3 > 0 COMPANY STATUS AND QUALIFICATIONS d 3.1. Independent Contractor: Company enters into this Agreement, and will remain LL throughout the term of the Agreement, as an independent contractor. Company agrees that it will ° not become an employee, partner, agent or principal of Fire Department while this Agreement is in effect. 0 ° 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 Fire a Department to Company for services rendered under this Agreement. On request, Company will provide Fire Department with proof of timely payment. Company agrees to indemnify fire = Department for any claims, costs, losses, fees, penalties, interest, or damages suffered by Fire a Department resulting from Company's failure to comply with this provision. Vl N 3.3. Use of Employees or Subcontractors: Company may, at Company's own expense, 06 use any employees or subcontractors as Company deems necessary to perform the services required of Company by this Agreement. Fire Department may not control, direct, or supervise E Company's employees or subcontractors in the performance of those services. a 3.4. Qualifications: 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 Fire Department. w N 3.5. Ownership Interest: Company will have no ownership interest in Fire Department. N 3.6. No Benefit Contributions: Company shall have no obligation under this N Agreement to compensate or pay applicable taxes or provide employee benefits of any kind to 0 any person employed or retained by Fire Department. a N 3.7. Attorney-in-Fact: Fire Department appoints Company as Fire Department's attorney-in-fact for the following purposes: x w (a) Billing_and Collections: To bill and collect ("Collections") all revenue earned by 0) and due to Fire Department, in connection with Fire Department's provision of emergency services provided/rendered at the sites of motor vehicle incidents and in other emergency incidents, and to receive all Collections on Fire Department's = behalf and to sue for and give satisfaction for monies due on account and to withdraw any claims, suits, or proceedings pertaining to or arising out of 0° Company's or Fire Department's right to collect such amounts; and as 0 c� (b) Endorsement: To take possession of and endorse in Fire Department's name any notes,checks, money orders,and any other instruments received as Collections. L U. c W E s ca w Q 2 Packet Pg.260 > ARTICLE 4 0 GENERAL RESPONSIBILITIES OF COMPANY 4) 4.1. Minimum Amount of Service: Company agrees to devote as much time and LL attention to the performance of the Company Services under this Agreement as may be, in 0 at p P Y L d Company's sole discretion, required to accomplish the tasks described herein to accomplish the -� results for which the Company is responsible under this Agreement. o 4.2. Company Services: Company agrees to perform the Company Services as set forth in the"List of Company Services"attached hereto as Schedule "A"and incorporated herein p Y a by reference; including those additional services requested by Fire Department and accepted in writing by the Company during the term of this Agreement. _ _ Q 4.3. Non-Exclusive Relationship: Company may represent, perform services for, and 3 contract with as many additional clients, persons, or companies as Company, in Company's sole N discretion, sees fit. _ 4.4. Time and Place of Performing Work: Company may perform the services under E this Agreement at any suitable time and location Company chooses. rn a 4.5. Materials and Equipment: Company will supply all materials and equipment 0 required to perform the services under this Agreement. Xw 4.6. Workers' Compensation: Company agrees 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 of Company's employees or agents. y 0 0. 4.7. Assignment: Neither this Agreement nor any duties or obligations under this o Agreement may be assigned by Company without the prior written consent of Fire Department, °N' which consent shall not be unreasonably withheld. X w ARTICLE 5 COMPENSATION OF COMPANY d 5.1. Compensation for Company Services: All Company Services provided pursuant Cn 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 m as Schedule A. 5.2. The provisions of Article 11 of this Agreement will govern any dispute associated d with compensation. d E U f0 w Q 3 Packet Pg.261 m ARTICLE 6 0 OBLIGATIONS OF FIRE DEPARTMENT d 6.1. Cooperation of Fire Department: The Fire Department agrees to comply with all U- reasonable requests of Company and provide access to all documents reasonably necessary to the performance of Company's duties under this Agreement. The Fire Department shall be responsible for initially insuring, and continuing to review, local and state laws in the Fire o Department's jurisdiction to assure adequate legal authority for Company to engage in the Services described herein on behalf of Fire Department. L 3 6.2. Assignment: Neither this Agreement nor any duties or obligations under this a Agreement may be assigned by Fire Department without the prior written consent of Company, which consent shall not be unreasonably withheld. a a� N ARTICLE 7 FIRE DEPARTMENT AUTHORIZATION 06 C d 7.1. Authorization: Notwithstanding other provisions of this Agreement, Company E shall obtain authorization from Fire Department prior to performing any of the following: a (a) The sale conveyance, transfer, pledge exchange, assignment, hypothecation, or 3 encumbrance of Fire Department's interest in any sums owed to Fire Department; x and W N (b) All other limitations as stated by the terms of this Agreement. N ARTICLE 8 0 TERMINATION OF AGREEMENT o CL 8.1. Termination on Notice: Notwithstanding any other provision of this Agreement, either party may terminate this Agreement at any time by giving thirty days(30)written notice to the other party. Unless earlier terminated as set forth below,this Agreement shall be effective as w of the date first set out above and shall continue for a period of one (1) year thereafter. This a Agreement shall automatically renew for successive one (1) year periods, unless either party provides written notification to the other party of its decision not to renew this Agreement. U) CD 8.2. Termination on Occurrence of Stated Events: This Agreement will terminate automatically on the occurrence of any of the following events; m d (a) Bankruptcy or insolvency of either party; 'o d (b) The assignment of this Agreement by either party without the consent of the other 0- party; the parties agree that neither party will unreasonably withhold consent to LL such an assignment. E 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 w Q 4 packet Pg.-.262. this Agreement by giving written notification to the breaching party. Termination will take effect 0 immediately on receipt of notice by the breaching party or five clays (5) 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: "- 0 L (a) Company's failure to complete the services specified in the Description of L Services; o a� N (b) Fire Department's material breach of any representation, warranty or agreement contained in this Agreement; a (c) Company's material breach of any representation, warranty or agreement contained in this Agreement; Q d (d) Fire Department's yearly billable run volume is at or below six runs(6). N Od ARTICLE 9 d PROPRIETARY RIGHTS E a� a� L 9.1. Confidential Information: Any written, printed, graphic, or electronically or a 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 concerning the w Fire Department's employees, products, services, prices, operations, and subsidiaries. Company N will keep this confidential information in the strictest confidence, and will not disclose it by any N means to any person except with the Fire Department's approval, and only to the extent necessary to perform the services under this Agreement. This prohibition also applies to Company's employees,agents, and subcontractors. On termination of this Agreement, Company o will return any confidential information in Company's possession to fire Department. a. N ARTICLE 10 INDEMNIFICATION w N (D 10.1. Indemnification: To the extent permitted by applicable law,the Company will indemnify and hold the Fire Department harmless from and against any and all loss,damage, liability, in claims and/or injury resulting from all actions performed by the Company,or its agents on the 0) Company's behalf, in connection with this Agreement. However, this indemnification shall not c apply with respect to any legal cause, action or consequential liability or losses as a result from 00 inaccurate or incomplete information or unfounded or unreasonable submissions furnished to the Company by the Fire Department nor shall it apply to any act, omission or negligence of the Fire 0 Department. d L_ U. d V it Q 5 Packet Pg.263 ARTICLE 11 'o GENERAL PROVISIONS d L 11.1. Governing Law: This Agreement shall be governed in all respects by the laws of U- the State of California, without giving effect to any choice or conflict of law provision or rule ° L (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). o a� y 11.2. 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. a �a 11.3. Successors and Assigns: Except as otherwise provided herein, the provisions Q hereof shall inure to the benefit of, and be binding upon, the successors, assigns,heirs, executors 3 and administrators of the parties hereto. No party may assign any of its rights or obligations N 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 E perform its obligations hereunder; provided, however, that such party remains liable for full and d total performance of its obligations hereunder. a 0 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 w Business Day, or if not a business day, on the first Business Day following delivery, or if mailed, N three days after mailing by registered or certified mail, return receipt requested, and in each case, N addressed, as follows: to If to the Company to: with a copy to: 0. 0 L 0. Fire Recovery USA,LLC The Watkins Firm,APC N 2271 Lava Ridge Court, Suite 120 4520 Executive Drive, Suite 105 Roseville CA 95661 San Diego,California 92121 X Attention: Craig Nagler Attention: Chris Popov,Esq. y a� If to Fire Department to: with a co to: co p PY rn c m Attention: Attention: o as Or, if delivered by telecopy, on a Business Day before 4:00 PM local time of addressee, on LL transmission confirmed electronically, or if at any other time or day on the first Business Day succeeding transmission confined 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 �o w w 4 6 Packet Pg. 264 foregoing notice provisions. When used in this Agreement, the term 'Business Day shall mean a day other than a Saturday, Sunday or a Federal Holiday. d L 11.5. Waiver; Amendments: This Agreement, and the Transaction Documents, (i) set U. forth the entire agreement of the parties respecting the subject matter hereof, (ii) supersede any L prior and contemporaneous understandings, agreements, or representations by or among the parties, written or oral,to the extent they related in any way to the subject matter hereof, and (iii) o may 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. L 11.6, Counterparts: This Agreement may be signed in several counterparts. 11.7. Expenses: Each party shall bear its own expenses incurred with respect to the a preparation of this Agreement and the consummation of the transactions contemplated hereby. N N 11.8. Arbitration: w c (a) If at any time there shall be a dispute arising out of or relating to any provision of this Agreement, any Transaction Document or any agreement contemplated hereby or thereby, such dispute shall be submitted for binding and a final determination by arbitration in accordance with the regulations then a; obtaining of the American Arbitration Association. Judgment upon the award rendered by the arbitrator(s) resulting from such arbitration shall be in writing, w and shall be final and binding upon all involved parties. The site of any arbitration shall be at a site agreed to by the parties and the arbitration decision can be enforced in a"court of competent jurisdiction". (b) This arbitration clause shall survive the termination of this a Agreement, any Transaction Document and any agreement contemplated hereby or thereby. N B 11.9. Waiver of Jury Trial; Exemplary Damages: THE PARTIES HERETO HEREBY x WAIVE THEIR RIGHTS TO TRIAL BY JURY WITH RESPECT TO ANY DISPUTE w ARISING UNDER THIS AGREEMENT OR ANY TRANSACTION DOCUMENT. NO PARTY SHALL BE AWARDED PUNITIVE OR OTHER EXEMPLARY DAMAGES RESPECTING ANY DISPUTE ARISING UNDER THIS AGREEMENT OR ANY in TRANSACTION DOCUMENT CONTEMPLATED HEREBY. m d Signatures on fallowing page: 0 d d L_ U. Wa C E V �. M d.d W Q 7 Packet Pg.266 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first written above. d L COMPANY: U- 0 L FIRE RECOVERY USA,LLC. � a California limited liability company o m M L � By: . Q Name: M. Craig Nagler Title: CEO c a� E 0 aD L 0 Q W FIRE DEPARTMENT: ' d X w N yv�u AXX N tC to O Q. By: a N Name: X X w N d V Title: a� Cn S 'm 0 0 d d L_ W+ d V �F+ Q 8 L Q� SCHEDULE A 0 LIST OF COMPANY SERVICES L LL 0 w L 1. Fire Recovery USA agrees to bill the responsible party on the Fire Department's o behalf for services provided/rendered during motor vehicle incidents and other o emergency incidents. The billing rates (mitigation fees) are listed as EXHIBIT A, but may change over time. Fire Recovery USA will provide notice to Fire Department of changes in billing rates. a. 2. Fire Recovery USA will provide, as a normal matter of business; entry of claims a and submission to the responsible party, collections of monies deemed due to y the Fire Department, payments of the agreed upon percentage of said monies to N Fire Department, and reporting of progress. E 3. Fire Recovery agrees to bill to the best of its ability all claims provided to Fire Recovery USA by the Fire Department. a 4. Fire Recovery USA will not begin litigation against a person, entity, or insurance w carrier without prior written approval by the Fire Department. N 5. Fire Recovery USA agrees to reimburse Fire Department a portion of the monies o collected at a rate of 80 percent of the total monies collected on the Fire o Department's claims. a. N 6. Fire Recovery USA agrees to pay these monies collected to the Fire Department w on a monthly or quarterly basis (at the option of the Fire Department), within y seven (7) working days after the close and accounting of the monthly (or quarterly) billing cycle. U) c 7. Fire Recovery USA agrees to matte available reports via a password protected m website to the Fire Department which detail billable claims outstanding (which are claims submitted, but not yet completed) and claims completed in the prior o billing cycle. d L 8. Fire Recovery USA will not be responsible for, nor accept any liability for, any w erroneous, invalid, or illegal procedure codes or claims submitted to Fire E Recovery USA by the Fire Department on the Run Sheets, r w Q 1 Packet Pg. 267 m > EXHIBIT A CD L LL MITIGATION RATES BASED ON PASSED ORDINANCE ° L BY THE CITY OF SAN BERNARDINO o W V) U L 7 t0 C C Q d 3 N N od C d E d N L Q d U O X W N d' N l0 N O O_ O L a N t X W U) d v L a� U) rn c 00 L d O U O d L LL C W U t0 Q Packet Pg. 268