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Item H1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 15.2009 Division: Employee Services Bulk Item: Yes _ No -X- Department: Risk Management Staff Contact Person: Maria Slavik X3 I 78 AGENDA ITEM WORDING: Approval to accept proposal from Goodman-Gable-Gould Adjusters International to provide Insurance Adjusting Claim Services. ITEM BACKGROUND: Request for Proposals completed earlier this year. Proposals from two firms were received and reviewed. PREVIOUS REVELANT BOCC ACTION: The current contract was approved by the BOCC on July 19, 2006. An extension of the current agreement was approved by the BOCC at the May 20, 2009 meeting with an expiration of August 1, 2009 CONTRACT/AGREEMENT CHANGES: Goodman-Gable-Gould proposed a pricing structure that complies with Florida Statute 626.854 11(b)/ Goodman-Gable-Gould proposed a sliding scale percentage ranging from 7% to 10% of the payments directly received from the insurers. STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes lNo_ COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNTPERMONm Year ~ - -- APPROVED BY: County Atty W ~rchasing _ Risk Management ~ DOCUMENTATION: Included ---X- To Follow_ Not Required _ DISPOSITION: AGENDA ITEM # Revised 2/27/01 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with:Goodman-Gable-Gould Effective Date: August 2, 2009 Expiration Date:August I, 2012 Contract Purpose/Description:Support Monroe County in handling of claim recovery. Contract Manager: Maria Slavik 3178 Risk Management (Name) (Ext. ) (Department) for BOCC meeting on Julv 15 2009 Agenda Deadline: June 30, 2009 CONTRACT COSTS Total Dollar Value of Contract: N/A Current Year Portion: $ - Budgeted? Yes/2J NoD Account Codes: 503-08501-530-310 Grant: $_ - - - - ----- County Match: $_ - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: - (Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date 61 Neededri ~ Co .dc;., fYt Division Director (Q.dSj YesO No ~ _ . _ _ (p.jS-Or Risk Management b~ YesD No[J" . P.lLt ~.M1Y . '_~- Co~4 O.M.B./Purc ing to - 2& -61 Y esD NoD~ ~ County Attorney kz.r,,-oq YesO No~ ~ t .f-(d.O b~ 2' -"7' Comments: jJD :tthJ(.S f-ovW\o.... S+~(7~ p.~~. p ~ ~ OMB Form Revised 9/11/95 Mep #2 r E" ,"'- "~~''--'- BOARD OF COUNTY COMMISSIONERS I O,~~,;,Y ~o~~~E Mayor George Neguent, District 2 Mayor Pro Tem Sylvia J. Murphy, District 5 Kim Wigington, District 1 Heather Carruthers, District 2 (305) 294-4641 Mario DiGennaro, District 4 Office of the Employee Services Division Director The Historic Gato Cigar Factory 1100 Simonton Street, Suite 268 Key West, FL 33040 1;: ,:""'\ (305) 2924458 - Phone (305) 292.4564 . Fax -~.= '<'. L~. ........ >_ ~~ \<~~ ~-t:-~":J~: I'.........,....... . TO: Board of County Commissioners FROM: Teresa E. Aguiar. ~ Employee Services Director i · DATE: June 25, 2009 SUBJ: Approval of Contract Insurance Adjusting Claims Services This item requests approval to renew the contract with Adjusters International/Goodman-Gable Gould. As you are aware, I provided a staffreport to the Board on June 17,2009 and explained that due to the issues brought up at the May 20th BOCC meeting, a Sunshine meeting was held with both firms to discuss and clarify anything in their proposals. We have reviewed this information and wish to make a recommendation based on the following information: . Goodman-Gable Gould (GGG) submitted 28 letters of reference in their RFP. Several of these references were from Governmental entities. All references were contacted by staff and the nine respondents were favorable on the work performed. . Claim Solvers provided four references none of which were from Government entities. All four references were contacted via phone (no email addresses were provided) by staff. The one reference which responded was favorable. One of the phone numbers of the references provided is disconnected. As of the Sunshine Meeting, two of the assignments of the references have not yet been completed by Claim Solvers. Mr. Berger mentioned in our meeting that they should be completed the following month (June). . In the RFP, it is specified that the firm must have the experience providing services to governmental entities. There is an important distinction between Residential/Homeowner's and Commercial/Government. Certain types of economic losses are more prevalent which complicates the adjustment process: 0 Layered Insurance companies: Residential usually only deals with one insurer. 0 Specialized equipment: AC units, Chillers, Boilers, Elevators, Escalators 0 Contents/Inventory: Abundance of computer equipment, generators, public works maintenance equipment. 0 Airports; Airport Hangers Page 2 of 2 Insurance Adjusting Claim Services June 25, 2009 0 ADA requirements: Building Codes and requirements are far more stringent than Residential. 0 Required to work with different County offices (that have some form of responsibility in the damage of buildings) such as the Budget office and Public Works versus dealing with one centralized decision maker (such as a Residential Property Manager) in order to obtain particular information concerning the claim. . GGG has been the County's Adjusting firm since Hurricane Georges in 1998. They have provided excellent service and have demonstrated the ability to serve the County's needs. If a claim is not property investigated and fully documented, the maximum insurance proceeds will not be received. . Claim Solvers has been in business since 2007. GGG has been in business since 1996. The average adjuster licensed experience of Claim Solvers is 1.45 years with the longest being licensed for 4 years. Goodman Gable adjusters have been licensed for an average of 5.42 years with the longest being licensed for 20.16 years. I want to point out that the contract is only a retainer agreement and that the County will only use the services following catastrophic events resulting in significant damage, such as hurricanes. This may not happen for several years. Minorlincidental events are handled internally by staff and the assistance of an adjusting firm is not required. The firm's fee is based on a percentage of the insurance claims' gross amount adjusted or otherwise recovered. If there are no claims (i.e. no hurricanes/major disasters assigned by Monroe County to the firm), there is no fee paid to either of the firms. In reviewing all the information provided by both firms, it is believed that GGG is the better firm to perform the services required by the County. It is therefore recommended that the Board approve the request to contract with Goodman Gable Gould for the period beginning August 2, 2009 through August 1,2010 with the option to renew for two additional years. If you have any questions on this item, please do not hesitate to contact me at X4458. , '" AGREEMENT BElWEEN MONROE COUNTY AND GOODMAN-GABLE-GOULD COMPANY dba ADJUSTERS INTERNATIONAL THIS AGREEMENT, made and entered into this day of , 2009, by and between MONROE COUNlY ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and GOODMAN-GABLE-GOULD COMPANY a Maryland Corporation doing business in the State of Florida as ADJUSTERS INTERNATIONAL (HAI"), whose address is 6767 North Wickham Road, Suite 501, Melbourne, FL 32940. WHEREAS, County requires an insurance adjuster from time to time to evaluate damage to County property; and WHEREAS, this need is especially acute folIo-wing a hurricane or other disaster, and WHEREAS, County has employed AI in the past for this purpose, wishes to do so in the future; and WHEREAS, AI has agreed to provide these services to the COUNlY. NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, COUNTY and AI agree as follows: 1. THE AGREEMENT The entire agreement between COUNTY and AI with respect to the subject matter hereof is contained in this Agreement and in any exhibits or attachments to it. This Agreement supersedes and terminates all prior agreements between AI and the COUNTY and all prior oral and written proposals and communications between COUNTY and AI related to this Agreement. No provision of this Agreement shall be deemed waived, amended or modified by either party unless such waiver, amendment or modification is in writing and executed by both COUNTY and AI in the same manner as this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their permitted successors and assigns. 2. SCOPE OF THE WORK AI has been retained by County in connection with the claims or events described in Exhibit A. AI represents that the adjustors it assigns to the individual claims or events is competent and available to handle that claim or event. This Agreement shall apply to all claims or events assigned to AI, unless a separate Agreement is required by County. 1 . AI warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these Agreement documents; and AI shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. AI shall provide services using the following standards, as minimum requirements: A. AI shall maintain adequate staffing levels to provide the services required under the Agreement. B. AI personnel shall not be employees of or have any contractual relationship with COUNTY. C. All personnel engaged in performing services under this Agreement shall be fully qualified , and, if required, to be authorized or permitted under State and local law to perform such services; and that said personnel presently have, and shall maintain throughout the term of this Agreement, appropriate licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner as generally recognized in its profession. Proof of such licenses and approvals shall be submitted to COUNTY upon request. 3. PAYMENTS TO AI Payments to AI shall be made as follows: A. COUNTY'S performance and obligation to pay under this Agreement, is contingent upon ann ual appropriation by the Board of County Commissioners of Monroe County. B. AI shall submit all invoices to the COUNTY with supporting documentation acceptable to the Clerk based on generally accepted accounting principles and such laws, rules and regulations as may govern Clerk's disbursal of funds. C. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made periodically in arrears, but no more frequently than monthly. D. Expenses will not be charged by AI to COUNTY. 4. TERM OF AGREEMENT The term of this Agreement is for three years, commencing on the 1st day of June, 2009, and ending on the 31st day of May, 2012 unless terminated earlier under relevant paragraph of this Agreement. 2 . 5. FINANCIAL RECORDS Al shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other I party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by COUNTY or Clerk determines that monies paid to AI pursuant to this Agreement were spent for purposes not authorized by this Agreement. AI shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to AI. 6. PUBLIC ACCESS The COUNTY and AI shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by COUNTY and AI in conjunction with this Agreement; and COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by AI. 7. HOLD HARMLESS AND INSURANCE AI covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners and County Court of Monroe County from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by AI occasioned by the negligence, errors, or other wrongful act of omission of AI or its employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Prior to execution of this agreement, AI shall furnish COUNTY Certificates of Insurance indicating the minimum coverage limitations as specified on the attached forms which are incorporated as part of this Agreement (Exhibit B). 3 Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the participation of COUN1Y and AI in this Agreement and the acquisition of any commercial liability Insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by COUN1Y be required to contain any provision for waiver. 8. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement AI is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find AI or any of his employees, subcontractors, independent contractors, servants, or agents hired by AI to be employees of the Board of County Commissioners of Monroe County. 9. NONDISCRIMINATION County and AI agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County and AI agree to comply with all Federal and Florida Statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC ss. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes 4 which may apply to the parties to, or the subject matter of, this Agreemen t. 10. ASSIGNMENT / SUBCONTRACT AI shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation Upon the board. 11. COMPLIANCE WITH LAW In providing all services pursuant to this Agreement, AI shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations, as determined by COUNTY, shall constitute a material breach of this agreement and shall entitle the Board to terminate this Agreement immediately upon delivery of written notice of termination to AI. 12. DISCLOSURE AND CONFLICT OF INTEREST AI represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this Agreement, as provided in Sect. 112.311, et. seq., Florida Statutes. County agrees that officers and employees of COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or Use of certain information. Upon execution of this Agreement, and thereafter as changes may require, AI shall notify COUNTY of any financial interest it may have in any and all programs in Monroe County which COUNTY sponsors, endorses, recommends, supervises, or requires for counseling, assistance, evaluation, or treatment. This provision shall apply whether or not such program is required by statute, as a condition of probation, or is provided on a voluntary basis. 5 The eounty and AI warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or finn, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, AI agrees that COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 13. PLEDGE OF CREDIT Al shall not pledge COUNTY'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, jUdgment, lien, or any form of indebtedness. AI further warrants and represents that it has no obligation or indebtedness that would impair its ability to CulfiU the terms of this Agreement. 14. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY Monroe County Court Administrator and County Attorney 500 Whitehead Street PO Box 1026 Key West, FL 33040 Key West, FI. 33041-1026 FOR AI: Pat Cuccaro 6767 North Wickham Road Melbourne, FL 32940 15. TAXES The County is exempt from payment of Florida State Sales and Use taxes. Al shall Dot be exempted by virtue of COUNTY'S exemption from paying sales tax to fulfill its obligations under this Agreement. AI shall be responsible for any and all taxes related to services rendered under this agreement. 6 16. GOVERNING LAW. VENUE. INTERPRETATION. SEVERABILITY. COSTS AND ATTORNEY FEES A. Governing Law. This Agreement shalt be governed by and construed in accordance with the laws of the State of Florida. B. Venue. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and AI agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. C. Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any exten't by a court of competen t jUrisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. COUNTY and AI agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. D. Attorney's Fees and Costs. COUN1Y and AI agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party. E. Adjudication of Disputes or Disagreements. County and AI agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed Upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a pUblic meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction or the parties, then any party shall have 7 the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. County and AI specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. F. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and AI agree to participate in all proceedings, hearings) processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. 17. TERMINATION The County may terminate this Agreement for cause with seven (7) days notice to AI. Cause shall constitute, in the judgment of the Board of County Commissioners a breach of the obligations of AI to perform the services enumerated as AI's obligations under this Agreement. Either of the parties hereto may terminate this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 18. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and AJ and their respective legal representatives, successors, and assigns. 19. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 20. CLAIMS FOR FEDERAL OR STATE AID AI and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 8 2l. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of COUNTY, when performing their respective functions under this Agreement within the territorial limits of COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of COUNTY. 22. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of COUN1Y, except to the extent permitted by the Florida constitution, state statute, and case law. 23. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third- party claim or entitlement to or benefit of any service or program contemplated hereunder, and COUN1Y and AI agree that neither COUNTY nor AI or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 24. ATTESTATIONS Al agrees to execute such documents as COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 25. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9 26. EXECUTION IN CQJJNTERPAKCS This Agreement may be executed in any number of counterparts, each of which shaH be regarded as an.original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 27. SEC'TION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section he.adings are not a part of this Agreement and ""ill not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accmmting for the other counterparts, be deemed an original Agreement. (S f:.Al.) For C"'OUN1Y: BOr\RD OF COUNlY COMMISSIONERS Atte..st: DANNY 1. KOLHAGE OF MONROE eOUNTY, CLERK of COURT of MONROE eOU!\1Y FLORIDA BY: BY: __m____,~_ Deputy Clerk Mayor Date: --,---~-,-- Date: ~--~--~---------- For C/ I.~...~~ LI1~1fL' Ll~~) Signature of Person Authorized Signature of Witness fo AI To Sign Contracts for AI '~~lftJ it. {imY'{j,rO mjGCLr. J77Ct(l6t:~r_. Prin . ame Pri Name Date: l~!_~S()-()9 __m_____,,___ Date: b~~ ~q_- () '7 MtJW ~()ff ac(.l..~ A-rff)~t;Y 10 If- "~yt.,p k. 7b FoJltl.,f ~ -1-. fI.,JJ e N7lf, JI't L. 1M '-L .A41t; 1 f' - ;1-1 - 'A.tJctf I -- ---- ---- - ------~-- EXHIBIT A To AGREEMENT RETWEEN MONROE COUNTY AND GOODMAN-GARLE-GOULD COMPANY dba ADJUSTERS INTERNATIONAL AI's ("Adjuster") objective is to support Monroe eOunty Florida ("Assured") in the entire claim process, with the goal of achieving the maximum insurance recovery as promptly as possible. Using a team approach, we will assemble the professionals best suited to accomplish this goal. AI will prepare all claims for submission and coordinate all supporting documentation. AI will work directly with you and your staff in the development of these claims for presentation to the carrier. Specific areas AI will address: Property Damage elaim I) Investigate and analyze all property damage claims assigned to them by the eOunty. 2) Prepare a concise, well-documented replacement cost estimate on the buildings and determine Aev if applicable. 3) Evaluate "codes upgrade" coverage, if it applies 4) Investigate and analyze all property damage to the Contents, including furniture, fixtures, machinery, equipment, computer systems, etc. 5) Prepare a concise, well-documented property claim Present and sUpport the claim through settlement Business Interruption elaim I ) Advise management of how to capture and develop loss information, i.e. track impact of loss 2) Determine period of suspension 3) Evaluate discontinued (saved) expenses 4) Determine expediting expenses; eJlpenses related to reducing the loss 5) Prepare financial projections and "what if" scenarios 6) Prepare business interruption valuation report. Provide total business interruption claim management to ensure integration with the property and extra expense portions of the claim 7) Prepare and support the claim through settlement Extra Expense elaim I) Advise management on identification of extra expense losses 2) eoordinate tracking of extra expense items 3) Determine excess over normal expenses 4) Determine period of indemnity 5) Integrate the extra expense claim with the property damage and business interruption claim 6) Present and sUpport the claim through settlement II General I) Review all insurance policies in order to identify your rights and obligations under (hose pol icies. 2) Review any and all pre-loss appraisals and estimates that could affect the claim 3) Evaluate the procedures being followed. to mitigate damages and implement emergency repairs 4) eoordinate and integrate all areas of the claim effort with on-going operations and the overall recovery process 5) eoordinate the necessary "expert reports" to support and assemble the claim 6) Assist in the coordinate of advance payment from the:: insurance company 7) eoordinate al/ inspections and meetings with the insurance company representatives. including their "outside experts" 8) Provide regular status reports 9) Review all claim data with you. prior to providing such material to the insurance company and their representatives 10) Provide the assistance required to support all claims presented II) Conduct and/or participate in all settlement discussions with the insurance company 12) We will hold in strictest confidence. all information relating to your claims and business operation 13) Our overall goal is to expedite the best possible recovery We would like to stress that our intention is to provide professional assistance to you from an advocacy position. in order to document. support. expedite and insure the best possible claim recovery. After property damage loss incidents affecting Monroe eounty. when the eounty. at its sole and unfettered discretion. decides to prepare and present a claim. the Adjuster is authorized to. and will. prepare all necessary estimates and other applicable and/or required instruments to comply with the provisions of the insurance policies concerned on behalf of the Assured. The Assured will compensate the Adjuster upon receiving proceeds as a result of a loss settlement. The Assured agrees to pay the said Adjuster for its services. a fee of seven percent (7%) of the gross amount adjusted or otherwise recovered as a result of said claim or claims that resolve for an amount equal to $500.000.00 or less. eight and one-half percent (8.5%) of the gross amount adjusted or otherwise recovered as a results of said claim or claims on claims that resolve for an amount from $500.000.00 to $1.000.000.00 and ten percent 00%) of the gross amount adjusted or otherwise recovered as a results of said claim or claims on claims that resolve for an amount in excess of $1.000.000.00. The Adjuster agrees to pay for all expenses incurred by the Adjuster. in securing estimates. expert opinions. and for all other expenses incurred by the Adjuster incident to the adjustments. except for those costs associated with and for the hiring of legal counsel. 12 Should such costs ever be applicable. eounsel will not be retained to work on any such loss incident by the Adjuster without the express consent of The Assured. The Adjuster hereby agrees to render the said services for the compensation above specified. It is agreed that all adjustments "hall be made and concluded only with the consent of the Assured. This Agreement contains the entire contract between the parties. and no modification or waiver of any of the terms hereof shall be valid unless in writing, and endorsed herein, and signed by all parties. This Agreement shall be binding upon the parties hereto their personal representatives, assigns and successors in interest. fJ.P!/U~- eOUNTY Representati ve Pasquale eucarro 13 EXHIBIT B (4 pages) GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND GOODMAN-GABLE-GOULD COMPANY Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: . Premises Operations . Products and Completed Operations . Blanket Contractual Liability . Personal Injury Liability . Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Page I of 4 EXHIBIT B (4 pages) VEHICLE LIABILITY INSURANCE REQUIREl\1ENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND GOODMAN-GABLE-GOULD COMPANY Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: . Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Page 2 of4 EXHIBIT B (4 pages) WORKERS' COMPENSATION INSUR~~CE REQUIRE~IENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND GOODMAN-GABLE-GOULD COMPANY Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. Page 3 of 4 . { EXHIBIT 8 (4 pages) PROFESSIONAL LIABILITY INSURANCE REQUIRE~IENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND GOODMAN-GABLE-GOULD COMPANY Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $500,000 per Occurrence/$1 ,000,000 Aggregate Page 4 of4 CORRESPONDENCE: Claim Solvers May 22, 200B '7 pages Interisk - County's Insurance Consultant May 27, 200B 5 pages Goodman-Gable-Gould/ Adjusters International June 22, 200B 2 pages A. GOODMA1\I-GABLE-GOULD/ ADjUSTERS L"''TERNATIONAL ~- --~-"'~,- PROFESSIONAL Loss CONSULTANTS VIA EMAIL & FEDERAL EXPRESS 6767 N. WICKHAM RoAD SUm SOl MELBOURNE, FLORIDA 32940 June 22, 2009 (321) 255-1434 (BOO) 248-2353 Ms. Maria Slavik FAX (321) 255-1142 Risk Manger, Monroe County Florida 1100 Simonton St, Room 268 Key West, FL 33040 Dear Ms. Slavik: During our public meeting on May 29, 2009 regarding the RFP for public adjusting services, Mr. Paul Be~er, principal of Claims Solvers, LLC and The Hurricane Law Group, made reference to a May 22 letter he had sent to Mr. Sidney Webber ofInterisk Corporation. Mr. Berger was good on his word and immediately forwarded us a copy of that letter. After reviewing that letter and reflecting upon the substance of our lengthy and substantive work session in Key West on May 29th, we felt certain portions of that letter required a written response. It is not our intention to revisit the entire RFP process. It is not productive for any prospective Monroe County contractor to search for loopholes and minutiae in the submissions or proposals of a competing bidder. What we have strived to do throughout this process is focus on the strengths of Goodman Gable Gould! Adjusters International (GOO/ AI). Those strengths are clear and well stated in our submission and were further articulated during the recent work session. GGG/ AI has the proven experience and expertise in adjusting complex insurance claims for municipalities and other quasi-governmental entities. That experience includes full time staff with proven expertise in building, personal property, business income and loss ofrents/profits claims. OOG/AI has a large full time staff of licensed Florida public adjusters ready to immediately respond to the needs of Monroe County as OOG/AI had done for decades in prior storms and disasters in the State of Florida. Each of these adjusters is a full-time GOO/ AI employee with no responsibilities, be it administrative or related to other ventures, other than the adjusting of first party claims for insured's that retain OOG/AI. Indeed the many references set forth in our Proposal can attest to this proven expertise and professionalism. As mentioned above, a few points in Mr. Berger's May 22nd letter do require rebuttal, and we feel it important to not let these points go unanswered. -Section 4E and F seems to question the education and qualifications of the OOG/ AI licensed adjusters by comparing their backgrounds to the attorneys on the Claim Solvers staff. Each GOO/AI licensed adjuster complies with continuing education in a number of jurisdictions, much of which is recognized nationally through state mandated reciprocity. Moreover, many of these adjusters participate in educational programs (and some teach those programs) at the National Association of Public Insurance Adjusters (NAPIA) and maintain the stringent accreditation under NAPIA educational guidelines. Finally, the years of experience of actually adjusting commercial insurance claims is what Monroe County needs. To posture as to whether attorneys are more qualified than public adjusters to adjust claims somehow makes a mockery of the entire RFP process. Page 1 _. -Section 8 states that GOO "has a history" of being administratively dissolved by the State of Florida. Claims Solvers has unearthed the administrative history that GGG failed to file an annual report with the State in the late '90s and again in 2001. While this may be factual, it is has no bearing on the ability of GOO to adjust claims in 2009. Plain and simple, a routine form was not filed and the situation was resolved immediately upon notice. During the period in question, GOO did not have the administrative depth that it does currently. Outside accountants were relied upon for various state filings. Significantly, at no time was a tax return not filed nor have any taxes been in arrears. As GGG has expanded in the past decade, it has taken steps to ensure these oversights not be repeated, and for the last eight years, in-house staff at GGG have made sure that all filings are made on a timely basis. At no time was any GOO client jeopardized by this administrative oversight. Our stated track record with clients in Florida is overwhelming evidence of the service we have provided and are committed to continue to provide. There are many other statements and allegations in Mr. Berger's letter, all seeking to call into question the qualifications and experience ofGGG/AI. However, we do not feel it is productive or an efficient use of the time of the County staffand its consultants to address those here (and inevitably trigger a never ending series of competing letters). We respectfully submit that each of those issues has been adequately addressed in our Proposal and to the extent further information or elaboration was necessary, it has been provided in detail to Monroe County staff and consultants at the May 29th work session. We remain available at any time to address any issue that may be germane to the decision of the Monroe County Commissioners with respect to RFP for public adjusting services. Sincerely, I~ Pasquale Cuccaro, LPA Executive General AdjusterNice President GOODMAN-GABLE-GOULD/ADJUSTERS INTERNATIONAL Cc: Sid Webber (Interisk Corporation) Suzanne Hutton (Monroe County Attorney) Page 2 . I NTERISK CORPORA TION Consultants 1111 North Westshore Boulevard Suite 208 Risk Management Tampa, FL 33607-4711 Em ployee Benefits Phone (813) 287-1040 Facsimile (813) 287-1041 May 27. 2009 Ms. Maria Slavik. ePM Risk Administrator Monroe eounty 1100 Simonton St. Suite 268 Key West. Florida 33040 Subject: Evaluation of Public Adjusting elaims Services (RFP-RSK-91-274-2009-PUR/eV) Dear Maria: On April 3, 2009 Interisk eorporation issued an evaluation report of the proposals the eounty received in response to its RFP for Public Adjusting elaims Services. The report was based on information contained in the proposals submitted by elaim Solvers. LLe and Goodman-Gable-GouldlAdjusters International. It was our recommendation that the eounty select the proposal submitted by Goodman-Gable. On May 19. 2009 Mr. Paul Berger of elaim Solvers telephoned me to express concerns with our report and to advise that he was going to attend the eounty eommission meeting scheduled for May 20. 2009. On May 20th. Mr. Berger addressed the eommission and expressed his dissatisfaction with Interisk's recommendation. Mr. Lawton Swan of Interisk was in attendance at the meeting and briefly responded to Mr. Berger's comments. The eommission elected to defer a decision on the RFP and instructed eounty staff to research the issue in further detail and report back to them at their June 17th meeting. On May 22.2008 Mr. Berger wrote to me detailing the concerns he had with my report. The following will address the concerns raised in Mr. Berger's letter. On several occasions in his letter Mr. Berger made reference to Monroe eounty Ordinance Article VI Sec. 2-347 and expressed his belief that selecting the Goodman-Gable proposal would be in violation of this ordinance. This letter will refrain from commenting on this issue as it is believed that it would be more appropriate for Purchasing or the eounty Attorney's office to address this issue. Mr. Berger's letter was structured using numbered paragraphs for each issue he discussed. To facilitate the reading of this letter. my comments will refer to the paragraph numbers used by Mr. Berger. Paraf!ravh 1 elaim Solvers' proposal stated that their fee would be "four percent (4%) of the amount of loss adiusted by elaim Solvers". Goodman-Gable's proposed a sliding scale fee based "on amounts actually paid by the insurer" . The rates proposed by Goodman-Gable were as follows: Zero to $500.000 7.0% $500.000 to $1.000.000 8.5% Over $1.000.000 10.0% Florida Statute 626.854 (II (b) governs the amount public adjusters can charge their clients and reads as follows "(b) A public adjuster may not chnrge, agree to, or accept any compensation, payment. commission, fee. or other thing of value in excess of" 1. Ten percent of the amount of insurance claim payments by the insurer for claims based on events that are the subject of a declaration of a state of emergency by the Governor. This provision applies to claims made during the period of 1 year after the declaration of emergency. 2. Twenty percent of the amount of all other insurance claim payments. " In my April 3rd report I indicated that the term "Adjusted Loss" referenced by elaim Solvers was unclear and could have two distinct meanings I) The amount initially developed by the adjuster before any negotiations with the insurance company. 2) The ultimate settlement negotiated with the insurance company. In Mr. Berger's letter. he indicated that the term Adjusted Loss "is a standard insurance industry term that is defined as money received by the insured." While I agree the term Adjusted Loss is a standard insurance industry term. I have seen the term used with interchangeable meanings as expressed above throughout my thirty (30) plus years working in the insurance industry. With that being said. it appears as if Mr. Berger's letter of May nod clarified that the intended meaning of the proposed fee contained in elaim Solvers proposal would be based on the recoveries received from the eounty's insurers. With Mr. Berger's clarification. it now appears as if elaim Solvers has proposed a fee that is lower than Goodman-Gable. Paraf!ravh 2 In this paragraph. Mr. Berger alleges that since Goodman-Gable proposed a higher fee accepting their proposal would be in violation of Article VI Sec. 2-347 of Monroe eounty's code. It is believed that it would be inappropriate for me to comment on the meaning and intent of the eounty's code and therefore defer this issue to the eounty Attorney's office. Paraf!ravh 3 In my April 3rd letter I indicated that a number of elaim Solvers' adjusters "are domiciled in states other than Florida and have managerial responsibilities that could impact their availability to serve the eounty." After revisiting both proposals and taking into consideration the comments Mr. Berger made in his May nod letter. it appears as if the majority of elaim Solvers adjusters are domiciled in Rorida and will withdraw my comment made in my April 3rd letter. Mr. Berger correctly stated that one of the Evaluation eriteria established by the eounty for this RFP was the "Geographical location of adjusters assigned to provide services to the eounty." It should be recognized that while the eounty established 7 factors that would be included in the evaluation process. . each factor was viewed as having varying importance and were weighted differently in the evaluation process. It should be kept in mind that the need of a public adjuster would only be required following a catastrophic event, such as a hurricane. Insurance companies and adjusting firms typically establish catastrophic teams (commonly referred to as Cat Teams) comprising of employees and resources from all aspects and geographical locations of the company's operations. When a catastrophic event occurs, these Cat Teams are activated and the members are temporarily transported to the site of the disaster. Typically these employees and resources remain at the disaster site while claims are being resolved and until activities return to a level of normality. While there is no question that having a large portion of a firm's staff domiciled in Florida, it is likely that an adjusting firm will have to utilize employees and resources from all parts of the Country. This is especially true for national firms with operations scattered across the country. Mr. Berger requested that I state that Goodman-Gable failed to comply with RFP Evaluation Criteria 7. The only Criteria factor that was mandatory was the requirement that all adjusters assigned to the County comply with the licensing requirements for Public Adjusters as specified in Florida Statute S 626.854. It is believed that both Goodman-Gable and Claim Solvers comply with this requirement. Paraeravh 4 I stated in my original report that it appeared that Goodman-Gable employees have met the statutory requirements for adjusters by completing mandatory classes, exams and continuing education requirements. To serve as a Public Adjuster, individuals must pass a State mandated exam. While I believe there are some individuals who have passed the State mandated exam without taking formal classes, most individuals obtain the knowledge to pass this exam by taking formal classes. My comment in my original report was designed as a general statement and the word formal should have been used instead of mandatory. Mr. Berger took exception to a statement contained in my initial report that read: It is believed that satisfying the statutory requirements for adjusters provides a stronger foundation for insurance related issues (such as adjusting claims) when compared to the training and education received by attorneys This comment was based on my years of experience in the insurance industry that has afforded me the opportunity to work with countless number of adjusters and attorneys. When working with attorneys it is quite common for them to refer to me (or other insurance experts) for opinions regarding insurance related issues despite the fact that Florida Statute 626.860 exempts attorneys who are licensed to practice law in Florida and are in good standing with the Florida Bar from the licensing requirements established for public adjusters. While there is no question that attorney's must complete a rigorous educational program and pass the Florida Bar Exam, many attorney's have stated that they have limited knowledge and experience of insurance issues. I therefore believe that individuals that specialize in insurance issues normally will have a better working knowledge of insurance related matters when compared to most attorneys. When Claim Solvers provided information regarding the staffing and qualifications of key personnel that would be assigned to the County's account, they did not provide the individuals license number that is assigned by the State. The proposal simply referred to them as "Adjusters". Goodman-Gable included each individual's license number. Mr. Berger has made it clear that he is an attorney and a number of the individuals listed in their proposal were also identified as attorneys. During the evaluation process, it was also learned that Mr. Berger had formed a law practice known as the Hurricane Law Group that specializes in catastrophic insurance claims. It could not be specifically determined from Claim Solvers' proposal if the individuals that would be assigned to Monroe County could adjust the claims based on being licensed as a public adjuster or as a licensed attorney. In Mr. Berger's letter of May 22nd, he stated that all Claim Solver adjusters have a public adjusting license. With this supplemental information, it is now clear that insurance professionals will be adjusting claims for the County and my opinion regarding attorneys vs insurance professionals no longer applies to Claim Solvers. I would recommend that Claim Solvers be required to provide each individual's adjuster license number. , . Paraeravh 5 While it was not mentioned in my original report. it was recognized from elaim Solvers' proposal that Mr. George Haddow. the former Deputy ehief of Staff of the Federal Emergency Management Agency (FEMA) is a "special advisor" to elaim Sol vers and was factored in our evaluation of the proposals. It was. and is. recognized that an individual. like Mr. Haddow. could provide added benefits for the eounty. Paraeravh 6 The basis for my statement that I believed that Goodman-Gable has a more knowledgeable staff than elaim Solvers was based on the fact that it could not be determined from elaim Solvers' proposal if elaim Solvers' employees would be adjusting Monroe eounty's claims based on their status as a public adjuster or as attorneys. This issue was discussed under my discussions for Paragraph 4 above. Paraeravh 7 In this paragraph. Mr. Berger raised the issue that elaim Solvers would produce a digital insurance archive known as an "Insurance Vault" for the eounty. elaim Solvers addressed this service in their proposal when they discussed their project approach. elaim Solvers committed to measuring and photographing all of Monroe eounty's structures and building contents. There is no question that such information would be a benefit for the eounty and could assist in the resolution of claims. This feature as proposed by elaim Solvers was included in the evaluation of their proposal. It should be recognized that such an inventory of the eounty's assets is only beneficial if the information contained in this archive is updated and maintained on a perpetual basis. It is recommended that if the eounty awards the contract to elaim Solvers that the contract language specifically state the services and extent of the services that elaim Solvers will provide. Paraeravh 8 In this paragraph. Mr. Berger took exception to the comment in my April 3. 2009 report that stated that Goodman-Gable has been in business since 1941 while elaim Solvers was not established until 2007. The fact that Goodman-Gable has been in business for a longer time then elaim Solvers supports my opinion that Goodman-Gable has a higher probability that their operations will continue when compared to elaim Solvers. It should be noted that this was expressed as an opinion and based on wide spread opinions that businesses that have a long tenure of operations are more likely to continue their operations when compared to an organization that has a limited history. Mr. Berger also stated (and produced reports from the Florida Department of State. Division of eorporations) that indicate Goodman-Gable "has a history of becoming an inactive corporation and has been administratively dissolved by the State of Florida on two separate occasions. This information is new and requires further research before commenting. Mr. Berger also pointed out that elaim Solvers is a Florida based corporation while Goodman-Gable is a Maryland based corporation. While this might be true. it is not believed that it materially impacts the services offered by either firm. Mr. Berger also pointed out that Goodman-Gable also operates under the name of Adjusters International and they are in fact two separate corporations. This was noted in Goodman-Gable's proposals and was not viewed as a material factor. Please give me a call if you have any questions or wish to discuss this issue in more detail. eordially. INTERISK eORPORA nON ( ;/\ '~ /j /~) L/ /'; ,. Sidney G. Webber epeu. ARM ee: Teresa Aguiar eynthia Hall . , . Oaim Solvers- elaim solver~ LLC Toll Free 1-888-33-S0LVE 7551 Wiles R Main 1-954-302-8800 Ste 202 Fax 1-954-~02-8801 Coral Springs FL 33067 www.cIalmso vers.com FACSIMILE TRANSMITTAL SHEET TO: FROM. Sidney Webber Paul Berger COMPANY DATE: Interisk Corporation OS/22/2009 FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER 813-287-1041 17 RE: YOUR REFERENCE NUMBER Insurance Adjusting Services RFP-RSK 91-274-2009 PUR/CV o URGENT o FOR REVIEW o PLEASE COMMENT o PLEASE REPLY o PLEASE RECYCLE NOTI:S/COMMENTS ~l Claim S I ~~~1 0 vers- elaims Solvers, LLe Toll Free 1-888-33-S0LVE 7551 Wiles Road Main 1-954-302-8800 Suite 202 Fax 1-954-302-8801 eoral Springs, FL 33067 www.cIaimsolvers.com May 22, 2009 Ms. Teresa Aguiar . RECEIVED Division Director Monroe County . _"Monroe County 1100 Simonton Street Employee. S!1,viFfS Key West, FL 33040 Date -51;' IQ ..' Via Fax: 305-292-4564 and U.S. Mail Time_ Initfal?Z:l, Re: Insurance Adjusting Services: RFP-RSK 91-274-2009 PUR/CV Dear Ms. Aguair: As you may be aware, I spoke at the May 20th Monroe County Commissioners' hearing on the Insurance Adjusting Services RFP and the vote on this matter was delayed for further County review. As I explained to the Commission, I believe that the evaluation conducted by Interisk Corporation contained material errors and omissions and that Claim Solvers is the lowest qualified bidder. I further believe that in accordance with Monroe County Ordinance Article VI Sec. 2-347 Claim Solvers should be awarded the contract. In order to assist you in your review, I have enclosed a detailed letter sent today to Interisk documenting their material errors and omissions. A few of the material factors from this letter are highlighted below: Claim Solvers was the lowest RFP bidder at flat 4% of the loss amount while Goodman-Gable-Gould bid an increasing scale of 7% to 10% of the loss amount. Monroe County Code Article VI Sec. 2-347(i)(3) requires awarding the bid to the lowest qualified RFP bidder (which was Claim Solvers). Claim Solvers has nearly twice as many Florida resident adjusters as Goodman-Gable-Gould. Goodman-Gable-Gould has five resident adjusters and 30 non-resident adjusters. Thus, 85% of its adjusters are out of State (most reside 1,000+ miles from Monroe County). They are a Maryland Company and have twice had their corporate entity dissolved by the State of Florida for failure to file annual reports. Claim Solvers staff has significant Florida hurricane claims experience and we have the most Federal Emergency Management Agency (FEMA) expertise. Our staff is comprised of adj usters and attorneys who have handled thousands of Florida hurricane claims. Also, the former Deputy Chief of Staff ofFEMA is a Claim Solvers' Advisor and will consult to the County on FEMA claims matters at no additional charge. We hope that you will review the Interisk letter and both proposals in detail. Please feel free to contact me should you have any questions or wish to discuss this matter in greater detail. I would be happy to meet to discuss this matter as welL Sincerely, Paul Berger, Esq. Managing Adjuster & General Counsel ) . . Oaim Solvers- Claims Solvers, LLC Toll Free 1-888-33-S0LVE 7551 Wiles Road Main 1-954-302-8800 Suite 202 Fax 1-954-302-8801 Coral Springs, FL 33067 www.cIaimsolvers.com May 22, 2009 Mr. Sidney Webber Interisk Corporation 1111 North Westshore Blvd. Suite 208 Tampa, FL 33607-4711 Via Fax: 813-287-1041 Re: Insurance Adjusting Services: RFP-RSK 91-274-2009 PUR/CV Dear Mr. Webber: As you may be aware, I spoke at the Monroe County Commissioners' hearing on Wednesday on the Insurance Adjusting Services RFP (RFP-RSK 91-274-2009 PUR/CV) and the vote on this matter was delayed so that it may be further reviewed by the Commission. I am writing you this letter in an attempt to have you clarify apparent errors and include material items that were omitted from your letter to Maria Slavik dated April 3, 2009 regarding this RFP (letter attached hereto as Exhibit A). Moreover, for reasons detailed below, I believe that your current recommendation violates Monroe County Ordinance Article VI Sec. 2-347 and we hope that you will change your recommendation to be in compliance with this Ordinance. 1. Public Adjusting Fee Correction. In your letter you incorrectly speculate that the Claim Solvers fee could be based on an estimated amount and Claim Solvers could charge more for adjusting services than Goodman-Gable-Gould. This speculation is not true, there was no foundation for it in the Claim Solvers' Proposal and more importantly under no circumstance could Claim Solvers charge more than Goodman-Gable-Gould. Claim Solvers fee in the Proposal is a contingency fee of "4% of the amount ofloss adjusted by Claim Solvers". An adjusted claim is a standard insurance industry term that is defined as money received by the insured. By legal definition a contingency fee is only on money obtained. Moreover, RFP evaluation criteria 3(7) stated that fees were to be "expressed as a percentage of recoveries from insurers." Claim Solvers complied with this criteria and expressed its fee as 4%. It should also be noted, that by law a public adjuster's fee can only be on actual insurance proceeds obtained (See FL Stat. S 626.854(11 )(a) which provides in part "the charge, compensation, payment, commission, fee or other thing of value may be based only on the claim payments or settlement obtained through the work of the public adjuster... "). 1 of5 I I . Thus, your statements were incorrect, were purely speculation on behalf of Interisk and were not based on our Proposal. We request that you clarify this portion of your letter to show that Claim Solvers fee is 4% of the insurance recovery and will always be significantly less than Goodman-Gable-Gould. 2. Monroe County Competitive Bidding Under Article VI Sec. 2-347 Requires Awarding Contract to Claim Solvers Goodman-Gable-Gould's fee is an increasing scale between 7% to 10% of the loss amount. Claim Solvers fee is a flat 4% of the loss amount. Thus, our fee is always significantly lower than Goodman-Gable-Gould. For example, if a hurricane caused $5 million in insured losses, Claim Solvers' fee would be $200,000 while Goodman-Gable-Gould's fee would be $500,000. Goodman-Gable-Gould's fees would be $300,000 more than Claim Solvers or 250% higher. Claim Solvers is therefore the lowest qualified bidder on this RFP. Monroe County Code Article VI Sec. 2-347(i)(3) provides in pertinent part: "In order for a bid to be accepted by the board of county commissioners and a contract awarded, the bid must be the lowest in price, must conform to the specifications, and have been submitted by a responsible bidder." Goodman-Gable-Gould's bid is not the lowest bid, and by ordinance cannot be accepted. By contrast, Claim Solvers bid is substantially lower than Goodman- Gable-Gould and in order to comply with the Code, the bid should be awarded to Claim Solvers. It should also be noted that Claim Solvers bid conformed to the specifications and we are a responsible bidder. Thus, we request that you address the bid pricing discrepancy and the application of Article VI Sec.2-347 in your letter. 3. Goodman-Gable-Gould is a Maryland company and 85% of its adjusters are out of State In your letter, you state "A number of Claim Solvers' adjusters are domiciled in states other than Florida and have managerial responsibilities that could impact their ability to serve the County." While it is true that three of our adjusters are currently outside of the State of Florida, what was omitted from your statement was that Goodman-Gable-Gould only employs five adjusters in the State of Florida and that of the 35 adjusters listed (the actual number listed is 35 not 34),30 are non-resident adjusters. In fact, 20 oftheir 35 adjusters are in Maryland, Goodman-Gable-Gould is headquartered in Maryland and their senior management team is in Maryland. Their other ten adjusters are scattered across the country. Thus, 85% of Goodman- Gable-Gould's staff does not reside in Florida and the majority oftheir staff are located approximately 1,000 miles away from Monroe County. We believe that omitting the facts Goodman-Gable-Gould only has five adjusters in Florida and is a Maryland based adjusting company were material omissions by Interisk and that the statements about number of adjusters in Florida were misleading. Moreover, an RFP requirement was to provide the "geographical location of adjusters assigned to provide services to the County" (See RFP Evaluation Criteria 7). We believe the Goodman-Gable-Gould Proposal needed to identify the location of each adjuster who was to provide services to the County. In failing to do so, their proposal did not comply with the specifications of the RFP. This fact was omitted in your report. We ask that your report be revised to clarify the 20f5 I misleading statement about the number of adjusters in Florida. We further request that you state that Goodman-Gable-Gould failed to comply with RFP Evaluation Criteria 7. 4. Qualification of Claim Solvers Adjusters Your letter incorrectly states that Claim Solvers public adjusters who are attorneys, are acting under their bar licenses and are thus less qualified than public adjusters. This statement was wrong as all of our listed adjusters have Florida Public Adjusters licenses. In addition, you wrote "It is believed that satisfying the statutory requirements for adjusters provides a stronger foundation for insurance related issues (such as adjusting claims) when compared to the training and education received by attorneys." These positions are incorrect for several reasons: A. All Claim Solvers staff listed in our Proposal have public adjuster licenses. Thus, our attorneys who were listed have both licenses to practice law and public adjuster licenses. The fact that we maintain these licenses was included in the Section 5 of the Claim Solvers' Proposal. By holding both licenses, we are better qualified. B. Under Florida Statute ~ 626.854( I), to be called a public adjuster in the State of Florida, you must hold a separate public adjuster license. e. Your statement that "Goodman-Gable-Gould employees have met these requirements by completing mandatory classes" is incorrect, because there are no mandatory class requirements for a public adjuster in the State of Florida. D. The information on how the Goodman-Gable-Gould obtained their Florida licenses is not contained in their Proposal and is purely speculation by Interisk. We believe it was not appropriate for Interisk to speculate on this matter. However, it is highly likely that Goodman-Gable-Gould's 30 non-resident public adjusters obtained their licenses through state licensing reciprocity. In doing so, they would not have been subject to any Florida classes, tests or continuing legal education. Thus, the non-resident licensed staff of Goodman-Gable-Gould likely have minimal if any training on adjusting claims in Florida. However, without more information there is no way to ascertain training levels and no basis for the statements in your letter. E. The requirements to practice law in the State of Florida are far more stringent and restrictive than the requirements to be a public adjuster. In fact, because of the minimal requirements for public adjusters, the law was recently changed to make it harder to receive a public adjuster license. Historically, any person could become a public adjuster if they were over 18, bonded and passed the licensing test or took a short class (usually 20 hours) which waived the test requirements. Even the new standards are minimal compared to the standards set by the Florida Bar for attorneys who must graduate an accredited law school and pass the bar and ethics exams (for more information see the Florida Bar online at www.flabar.com). F. Licensed attorneys can handle far more areas of insurance claims than public adjusters. FL Stat. ~ 626.854(3) specifically limits the areas of insurance practice by public adjusters. 30f5 ,I The rationale for this limitation is that higher education, standards and training are required to handle the more complex areas of insurance, which is reserved for attorneys. Moreover, only an attorney and not a public adjuster can provide advice on bad faith or complete a Civil Remedy Notice, which is often a powerful tool in first party insurance claims (See FL Stat. S 624.155). 5. Federal Emergency Management Agency (FEMA) Expertise As written in the Objective of the Request for Proposal, Monroe County is seeking a firm that can coordinate with FEMA. As stated in the Claim Solvers Proposal, the former Deputy Chief of Staff ofFEMA, George Haddow, is a special advisor to Claim Solvers, and can assist the County on all FEMA claim matters. Mr. Haddow was appointed to his position at FEMA by President Clinton, has eight years of experience at FEMA, and is a highly regarded expert in FEMA matters and the areas of disaster response and recovery. This factor was omitted in your letter and we believe that the County Commissioners should be aware of his expertise. We request that this factor is included in your report. 6. Incorrect Statement about Claim Solvers' staff Interisk states "it is believed that Goodman-Gable-Gould has a more knowledgeable staff than Claim Solvers." While we believe that Goodman-Gable-Gould's staff is knowledgeable, we believe that the above statement is incorrect and is not supported by the facts contained in the Proposals. As an attorney and adjuster, I (Paul Berger) am considered to be one ofthe most knowledgeable people in hurricane claim adjusting and catastrophe law in the U.S. I have been involved in hundreds of hurricane claims and am at the forefront of hurricane law and technology. I am often cited as a hurricane expert in Florida newspapers and on television (if you Google Paul Berger and hurricane more than 25,000 items appear). Other members of our staff (whose bios were included in Section 5 of the Proposal) have significant claims experience, and I believe that Michael Virkaitis has adjusted more Florida hurricane claims than the entire Goodman-Gable-Gould Florida Staff combined (he has personally adjusted over 500 hurricane claims). Moreover, there is no one at Goodman-Gable-Gould who has the FEMA experience or background of George Haddow (see item 5 above). Thus, the statement by Interisk is wrong and should be corrected. 7. Claim Solvers Pre-Loss Technology - Creation of Insurance Vault Archive As detailed in the Claim Solvers Proposal, as part of our services we will create a digital insurance archive for the County. Goodman-Gable-Gould has not offered to create this product and we believe that this discrepancy should not have been omitted in your report. It has been demonstrated that insurance archives can accelerate the claims process and increase recovery amounts. It fact, FEMA, the State of Florida, the Insurance Information Institute and nearly every state insurance commissioner recommends creating insurance archives. We believe that your report should be revised to include this item. 8. Goodman-Gable-Gould has Twice Been Administratively Dissolved by the State Interisk makes the statement that because Goodman-Gable-Gould has been in business for a longer period of time than Claim Solvers, it is more likely that their operations will continue when compared to Claim Solvers. Interisk has no basis for making this conclusion, it is purely speculative on behalf of Interisk, it defames Claim Solvers and it ignores Goodman-Gable- Gould's corporate history in Florida. 4of5 ( Goodman-Gable-Gould has a history of becoming administratively dissolved in Florida. According to the Florida Department of Corporations, Goodman-Gable-Gould filed an initial annual report in Florida in 1996. They failed to file an annual report in 1997 and were administratively dissolved by the State of Florida and had to be reinstated in 1999 (See Exhibit B attached). Goodman-Gable-Gould then failed to file an annual report in 2000 and was administratively dissolved for a second time and had to be reinstated again in 2001 (copies of their corporate reinstatements are included in Exhibit B). Thus, Goodman-Gable-Gould has a history of corporate dissolution by the State of Florida. This fact was ignored in its entirety by Interisk. It should also be noted that while Goodman Gable Gould properly does business as Adjusters International in Florida, according to the Florida Department of Corporations, Goodman- Gable-Gould, Co. and Adjusters International, Inc. are in fact two separate legal entities. Goodman-Gable-Gould is listed with the Department of Corporation as a Maryland Corporation with an EIN No. 520330575. Adjusters International is a separate Delaware corporate entity with an EIN No. 742367164. Neil Kahn is listed in both filings with the State. The relationship between these two entities should be explored by Interisk. We believe that these corporate issues need to be further investigated by Interisk. Based upon the above facts, we believe that Interisk's speculative statement should be clarified to state that Goodman-Gable-Gould has a history of becoming an inactive corporation in Florida and has been administratively dissolved by the State of Florida on two separate occasions. Equally as important is that Claim Solvers is a Florida based company, with its ownership and management team in Florida and with more ties to Florida than Goodman-Gable-Gould. We have never had any administrative problems with the State of Florida and are a profitable and growing Florida Corporation. Interisk had no foundation to speculate that we might not be in business for the length of the contract and we believe that this statement defamed our company. It should be omitted in its entirety form the report. For all of the above reasons, we hereby request that Interisk review its letter, clarify the issues raised above and recommend Claim Solvers to the Monroe Board of County Commissioners. Sincerely, Paul Berger, Esq. Managing Adjuster & General Counsel cc: Maria Slavik Cynthia Hall Teresa Aquiar./ 50f5 I I ! , i INTERISK CORPORATION Consultants 1111 North Westshore Boulevard SUite 208 Risk Management Tampa. Fl33607-4711 Employee Benefits Phone (813) 287-1040 Facsimile (813) 287-1041 April 3. 2009 Ms. Maria Slavik. CPM Risk Administrator Monroe Coutlly 1100 Simonton SI. Suite 268 Key W e.~t. Florida 33040 Subject: Evaluation of Public Adjusting Claims Services (RFP-RSK-9 I -274-2009-PURlCV) Dear Maria: I have reviewed the proposals that the County received in response to the subject RFP. Two companies submitted responses. I) Goodman.Gable-GouldlAdjusters International 2) Claim Solvers. liC Goodman-Gable ha~ been providing Public Adjusting services for the County for a number of years and has assisted in the investigation, negotiations and recovery of substantial proceeds from the County's insurers. Both firms appear to meet the statutory requirements for Public Adjusters as specified in Florida Statute * 626.1154. However. it appears as if the majority of Claim Solvers employees meet these requirements by being licensed attorneys while Goodman-Gable employees appear to have met the requirements by completing mandatory classes. e~ams and continuing education requirements as specified by Aorida Statutes. It is believed that satisfying the statutory requirements for adjusters provides a stronger foundation for insurance related issues (soch as adjusting claims) when compared to the training and education nxeived by attorneys. Goodman-Gable has been serving as a Public Adjuster since 1941 while Claim Solvers was not formed until 2007. It is clear that Goodman-Gable has considerable more experience as Public Adjuqers than Claim Solvers. (n addition. Claim Solvers only provided four (4) projects as examples of their past experience. Of the projects submitted two t 2) have not been finally resolved and none were for governmental entities. Goodman-Gable provided seventeen ( /7) examples of prior projects. A number of t~ projects were for governmental entities and were supported by strong recommendation letters from their dients. Claim Solvers indicated that they employ more than twelve t I 2} Florida li~'ensed adjusters while Goodman- Gable indicated that they employ thirty-four (34) I icensed adjusters A number of Claim Solvers' adjusters are domictfed in .;rates other than J-lorida and have managerial respon~ibifities that .:ould impact [heir availability to serve the County. Since the County will only need the ~ervices of a Public Adjuster I I I t()IIowrng a caraslrophic eveor. it i.,> highl}' likely rhat rhe ..:al;Jstrophic eVent will Impacr orher businesse~ and entities in florida who JI,o v.ill also be seeking Public Adju~ring service~. Wirh a workforce rhat IS nearl)' rhree rimes Ihe ,ize of Claim Solwrs. it is believed rhat Goodman-Gable will be berter able to rimely respond to lhe County'" needs. Borh Goodman-Gable and Claim Solver~ prop<)sed a pri..:ing structure thar <.:nmplies with Florida Sratute * 626.1l5~ Illb). Goodman-Gable proposed a ."iding selle perl.:entage ranging fmm Ylc tn 10<;0 of rhe payments directl} rCt:eivcd from the insurers while Claim Solvers prop<lsed a tlar ~'/f; tee based on Claim Solvers' adju.sred loss. The term "Adjusted Loss" referen..:cd by Claim Solvers was unclear. It wuld have rwo disrind meanings. I) The amount initially developed by the adjuster before any negotiations with the insurance company. 2) The ultimate settlement negotiated with the insurance company. If it is Claim Solvers' intent to charge the County based on their initial estimates before Ihey negotiate with the insurance company. not only could their fees be significanrly higher. there is little the County can do ro control the process. A brief example can explain this concern. Assume a hurricane struck rhe County and Claim Solvers initial assessment of the damages totaled $3 million. If Claim Solvers based their fee on their initial assessment (as reflected in item I above) they would claim a fee of $120.000. This would be true even if the insurance company disallowed $2 million of the amount be daimed. Since GOOdman-GabIe is basing their fee only on the amount actually recovered from the insurer. their fee would be $85.000. Despite the fact that Claim Solvers' pricing has the potential of being lower. it is believed that Goodman- Gable will be in a better position to serve the needs of the County during trying times. ~ They have extensive knowledge of the County's operations. ;.. They have demonstrated the ability to serve the County's needs. )- Their workforce is considerably larger than Claim Solvers. This may be a critical factor following a catastrophic event. ,. They have been in existence far longer than Claim Solvers. Since Public Adjusting services will nor be required until or if a catastrophic event were to OCcur (may be several years). there is a higher probability that Goodman-Gable's operations will continue when <.:ompared to Claim Solvers. ). It is believed rhat Goodman-Gable has a more knowledgeable staff than Claim Solvers. Based on the reasons stated above and discussed in this letter. it is recommended that Monroe County select the proposal from Goodman-Gable-GouldlAdjusters International in response to the County"s RFP for Insurance Adjusting Claim Services IRFP-RSK-91-274-2009_0URJCV). Please give me a call if you have any questions or wish to discuss this issue in more detail. Cordially. INTERISK CORPORATION " .)1 I'd~. ~j' /0) -"./ Sidney G. Webber EXHIBIT B www.sunbiz.org - Department of State Page 1 of2 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return To List ~-~._~------ Entity Name Search Events No Name History L:~!l9,QiIiL] Detail by Entity Name Foreign Profit Corporation THE GOODMAN-GABLE-GOULD COMPANY Filing Information Document Number P33327 FEIIEIN Number 520330575 Date Filed 03/26/1991 State MD Status ACTIVE Last Event REINSTATEMENT Event Date Filed 03/16/2001 Event Effective Date NONE Principal Address 6 RESERVOIR CIRCLE SUITE 202 BALTIMORE MD 21208 Changed 02/05/2008 Mailing Address 6 RESERVOIR CIRCLE SUITE 202 BALTIMORE MD 21208 Changed 02/05/2008 Registered Agent Name & Address MERLIN, WILLIAM ESQ. 601 S. BAYSHORE BLVD. STE. 800 TAMPA FL 33606 US Name Changed: 03/16/2001 Address Changed: 03/16/2001 Officer/Director Detail Name & Address Title C GOODMAN, WILLIAM R 6 RESERVOIR CIRCLE, SUITE 202 BAL TIMORE MD 21208 Title P http://sunbiz.org/scripts/cordet.exe?action=DETFIL&inq doc number=P33327 &inq cam... 5/22/2009 www.sunbiz.org - Department of State Page 2 of2 GOODMAN, HARVEY M 10110 MOLECULAR DRIVE STE 300 ROCKVILLE MD 20850 Title EVP DENISON, KARL L 10110 MOLECULAR DRIVE STE 300 ROCKVILLE MD 20850 Title EVP KAHN, NEIL C 6 RESERVOIR CIRCLE, STE. 202 BALTIMORE MD 21208 Annual Reports Report Year Filed Date 2007 01/17/2007 2008 02105/2008 2009 02/13/2009 Document Images 92/13g0..0_9..:-_~.NNl,JAI,.BJ:POBJ ["Z~lf.:gik't~l!!JJili\,qft~fr~~hi;;"i:~.~-;;'] Q.2/05/2..0_0..8--=ANNJJAI,.Jl!::?-OBJ [ View image, in. POF format. ,. .,] 9JL17J2007 -: AJ'./nLJAL8EPORI I, View image in PDF f~ak"'.i,l ,,",,,,-,,:;;:;\.\,.-:.t&'cIi'~.<' Qj/Q~z21>.9-2:'~NNUA..1BEPORI l~iik~1i!~iM!~jJTle.9~~,~iii&:;;,,1 Q3j10J2QOQ -: l\!\Il'.tUAlRI;E',ORI [~~~.l?Mt~....9.~d.-9E;l1...s.~j,"i'] Q~(0..5!2QQ4 --ANNLJAlBEP_QRT [W:*;;ji~View ima,ge in PDF Jormat . ""J Q2/ZQ(20..Q3-- ,.ANN !JAl,JsE: I?PRI [,;,,''''~<,iLi~JJn..eg~4iQ.gli?~fe!ma.!.i:~~i~Jd Q~&5!2...QQ2 ,:-,AN N!J81., REP,QBI 1,;~~.Jlll@g~Jl:1~i:~.qpJ!~0',:",,1 9~jQa.00J-:~lNSI~IEM,E:NT l~~~g,w image inPOF format .. >] HL12LtQ9.9,=-=-.8El!\l..SIATEME,NT [;;i"~~~~1&\;y,jm.,aggJQ~JRW1lk~;;;;:.;~~:~] 03/1()!1~(}Q .:-ANN_LJAkRI;P_QB.T [c~.#WM~~li'.Lag.~Qi.,~E4~a~;;j&i;i';,;,,;;J I Note: This is not official record. See documents if question or conflict. I Previous on List Next on List Return To List .. Entity Name Search Events No Name History L~!JJ200k,] I Home I Contact us I Document Searches I E,Filing Services I Forms i Help I COPYright and Privacy Policies COPYright "u 2007 State of FlOrida, Department of State. http://sunbiz.orglscripts/cordet.exe?action=DETFIL&inq doc number=P33327&inq cam... 5/22/2009 PLEASE READ ALL INSTRUCTIONS BEFORE COMPLETING THIS FORM. a ! FLORIDA DEPARTMENT OF STATE FILED CORPORATION Katherin e 'Harris REINSTATEMENT Secretary of Slate DIVISION OF CORPORATIONS o I MAR I 6 PH I: 03 -. - DOCUMENT # 'W3Jl SEcnf~:Af(Y UF ST. '. TAl::ilA'H*'S.SEE; F(Q~MA 1. CorporallOn Name ., .. ~ The Goodman-GabIe-Gould Company,' - . ( 2. Princip.al OffIce Address 3_ lJajlill9 OffICe Aadress 6 Reservoir Circle 6 Reservoir Circle EINSTATEMENT Su~e. ApI. #, etc_ Sulle, ApI. ~,e1e Suite 202 Suite 202 4. Cale Incorporated 01 Qualified To OIl Business in F loricla 3/26/91 _ . C,ty & Sla.le - - . City & Stale - - - - . ~ - - --- 5. F El ,""m toe, Baltimore. MIl Baltimore, MD 52-0330575' ZIp Cou nlry Zip Country 6. 21208 USA 21208 USA CERTifiCATE OF STATUS DESJRl':OU S875 Adtl'",onal Fee ,e'l""oo fOr ..t Ce-t1lttc.:ue o~ Sl",tuS 7. Name and Addrass 0' CurrelTl Rlltgls111tntd Agont Name William Merlin, Esq. ? -.. Slreet Addres.s (P.Q Box Number is Nol Al;ceplable) 601 S. Ba shore Boulevard . . s,,~.., Apt , Elc Suite 800 City Zip Code 33606 "'" om ',m",,, '"'" ,," ,=- ., "',','''''' 0' ~"oe W 0505 " l' 7 or F S 8 .. """9 _@"' ""''''':.'''"' 0' ~ . Dale] 1 o~ 8 S;gn21um of w Reg,stered Agonl 5 9. Tilles Name of StreeIAdd~sof~ City / Slale / Zip Officers and/or Directors Officer and/or Director 'C William R. Goodniait- 6 Reservoir Circle~ Ste. 202 Baltimore, MD 21208 P , Harve M. Goodman 133 Rollins Ave., Ste. One Rockville, MD 20852 EV,P Karl L. Denison 133 Rollins Ave., Ste. One Rockville, MD 20852 EVP Neil C. Kahn 6 Reservoir Circle, Ste. 202 Baltimore, MD 21208 . '. ; : .t;. - . 10. I certlfy tna t I a m an offICer 0' d"'~(:lor or the re<:e!~e' or INs Ie-., "mpawered 10 e. ec" 1<: th,s appHcatJon a.s p rev I<le<llor ,n cha pi er fj(J" or 617. F. S I f"n"" r certify lhal when fol'fl9 Ih... 'e'nSlateff\en1allphcallOf'1. The 'eason for d's'>OIUlJOI"I has ooen ellm,,,,,"od, \he ~rpc'ale "'"'''' ....!'sf,"s ,r." 'equ~""'T'IIlf1t:i of sed,,,,, 607.0401 or 6170401_ F_S.. 1t'''1 ..II lees "..,1Jd by lhe C<)rpar~hon have been p.1itl ,,"" the name-s 01 indM<lwals I;,;letl on In,s loem do not qualify for an ",x"mpt;on "nder .-.cellon I 1907:3 iI i). "s n-e ,mormat.on i"clocaTe<:I 0" "'"' ""~'O" " ""' ,~ =0"" '"~' ",,' ",., ,,,,, ~m' .,,, "00 " , =" o~" 00," 3/vO { SIGNATURE: 1& (~ Ne_ll C. Kahn.' Execut1v-=-_~ice Presicent C4( ()) C~J- . 6rd1J Sl!;HJl. TU fO'E .....0 TYPEO OR P RIN lED ..AMe 0'" 5lCHl.." o' "II; E It OR O'RECT OR 0.... Ooly1>me "'non.. . C T ~TIOH lom1 DC 202 737 3237 P. ElS/OC. . . 1.;:T -01 -199'3 10: 10 ~ , APPjK~!~:~..' . ~ '-. ; P SE EADA NST E I . APPliCATION _ FLORIDA DEPAIlTMENT OF STATE . FOR Sandra B. Mortham 99 NOV '2 Mi 8: 58 REINSTATEMENT Secretary of State 0IVI8l0H 01' COAPQAATIOHS DO CUM , P33327 SECRETAAY OF S fATE 1. Corporallon Name TALLAHASSEE, FlORIOA . The Goodman-GabIe-Gould Company F'!iiIdpal PIeoe of Eiu9loeI;& " 6 Reservoir Circle, Suite 202 rgRHItiUtlDHm& Baltimore. MD 21208 --. x xxxx I,.. m 520330575 ee:n..:,.1EfI ~ATUltlI!IiIRIl) C Ol'ftc. r lIM/o( DlreclrOt It lltlo(a) ~Of~ (OoNOT~~ O~p 1 Cll<d rman William R. Goodman 6 Reservoir Circle, Suite 202 Baltimore, MD 21208 Pr~siden Harvey M. Goodman 133 Rollins Avenue, Suite 1 Rockville, HD 20852 Ex. V.P. Karl L. Denison 133 Rollins Avenue, Suite 1 Rockville, :=tOO 8. Name and AcIdI'eIl8 01 CUn'8nt ReglMerecl Agem t. Name am MhM of New AegIe1Dfed Agent ~ Name N/A Ronald Alan Jacubs 702 Kemkerrv road \resley Chapel, FL 33543 . ',0. I. blllog appointed the registered 8glWlt of the Slgn_wo c:A 1td- Cc Delli Rogh.lerocl Agenl i REOISTfRED AGENT MUST SIBN If. Does this corporation pay any Intangible tax to the vesD No[jJ (See llIher IIdI tor h1cltn\alfon Dept. of Revenue under S. 199.032. FlorIda Statutes. 01'1 inIarIGlt* 1Ill.) 12 I db h8JOllY ~My lhlltllo lRfonDaIon .vpplled WllIl '"lllllng .. ~ IuriIhId tAd... I\Ilt ~ b lho :::::::':-111 8OOlIOft l1U7(Sl (l4. FIclIldo SIMutot. , r... loa.. It,. ~ 01 ~ fl(llll 1/1) IIebllty 01 ~ s.tDn ,'U1C'H\O In ~....lIle IUflPllM ,. clullIcJcJeHmp/ fIlNIl ""* ICtMotI ceMy IhaII GllII/I ollk:Or 01 ~ OIl11e /8CMJ&I 0I1ru1leo ~ 10 f*:lIIlt '* tpplallOIlu pIO'IlIle 10r n chtIIlM 10'1 or "7. F". IIurlhIr (Wily IhIl whIII ~ this rolMlsllrmollt eppllGaIIOn Ih..OI.... forlboo/lJllon hU beotlll/mlMlld, till 0lllp0I'Ile __....,.., lho NllIJl/Nltllll 01 UllIIon 101.D401 01 1117,l)4(l1, F..c., IlIlCI 1Il1' III kiot owed by 1M COIpOl'llloll .,..... DHfI peICI. The lnfotlllaflol\ ~ on ttdI &ppblIoft It IrVlltMlllGlllnft.lIlCIll\Y ~ IIlIIIIIaw lho ~ IfOaI tIoct .. . mille oI00.roel/l. vey. Good n resident ! .J6I.hl-ti;u.c. E' II 7" II" !II" 188M SlGNATUA : -. I'l.J1IQ .0-.)>0<'" www.sunbiz.org - Department of State Page 1 of 1 -~ FLORIDA DEPARTMENT OF STATE .7i1tti :.;\,~:- " .. DI\'lSlO\ OF CORPOR.\TlO\S oq....: -"" \, '.'" -- -. .1.-;: ~~.-: .-----------::.-------... \\~~y. '. , .~.~:j..k' __ ~,: Home Contact Us E-Filing Services Document Searches Forms Help Previous List NextLi~ >-----~~-- Entity Name Search k:.s.Y.QITtit,] Entity Name List Corporate Name Document Number Status 6QJ_l).~TERSJNTE.8t>J6TIQN6LJ.t>JC 243490 INACT ADJU~I.E;RSJNTE8NADQN6L>JN.C . F08000003694 ACT ,A.DJ.l)STE 8~It>JTERNATIOt'J,A.L.CQL.08,A.QQ, INC. FOBOOOOO3664 ACT 6.QJ.U.STEBSJt-JJJ;8N,A.TI0t-J6L6tio.P.E.SJ~JiQL6t-J",A." 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F96000004867 INACT ADLU.STI;.['SS_Qr-iPJ::.M6.tiP"'C_OBP P07000131823 ACT 6o.JJ,[sIEB~P.LLLS~LLC L05000042007 INACT/UA 6.Q,LUSTE;8sE'.l.U...s..l.L.C L07000055592 ACT 6.o.J.USIEB'S.P8.EEE.R8EQ.8ESIORA DON.SYSTEMS, P04000080257 INACT It-J.C. 6DJUSTI::.RS...E8.QE.l;sSlON,A.L_SI::BY1CJ;S,J.t'JC. 379360 INACT AQJ.U.sIERS "B"_IJS~INC P06000099946 ACT AO,Ll).sIE R~_S.E.R1,Il C.ES_ENJ:ERE8.I.s.E.S~Jt'H:;. P05000022175 INACT/UA 6QJ.U.SIE8S..&.C.O--=-SE'o/jEL.L__&_I.OQD~Jl'J.c. 410805 INACT AQJ.IJ.STERs.OLS_O_uIJ-1EL08IRA.G'pRP P08000021 076 ACT 60J!.LSIEESJN.CQfOT6ME'A 246286 INACT 612J.U.STE:8.S .1J.Nb.JMJTE.DJNC. P07000077591 ACT 6QJ.u.SIEl8SJ~ JNC P07000081240 INACT/UA --~~- .--.--.--- Previous List Next List -~--~- Entity Name Search [;,,$lIpg1is,] >_.~- .,-~-~-----~-- i Home ! Contact us I Document Searches I E.Fding Services I Forn1s I Help I COPvrlght and Privacy PoliCies Copyright 2007 State of Florida, Department of State. http://sunbiz.orgjscripts/comamelis.exe 5/22/2009 www.sunbiz.org - Department of State Page 1 of2 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return To List -~'-~----~._-,-- Entity Name Search No Events No Name History L,~~Q5QitJ Detail by Entity Name Foreign Profit Corporation ADJUSTERS INTERNATIONAL, INC. Filing Information Document Number F08000003694 FEI/EIN Number 742367164 Date Filed 08/21/2008 State DE Status ACTIVE Principal Address 126 BUSINESS PARK DRIVE UTICA NY 13502 Mailing Address 126 BUSINESS PARK DRIVE UTICA NY 13502 Registered Agent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION FL 33324 US Officer/Director Detail Name & Address TitleC LUCURELL, ROBERT 305 EAST PINE STREET SEATTLE WA 98122 Title D RAKE, WILLIAM 16542 VENTURA BLVD., SUITE 200 ENCINO CA 91436-2092 Title D KAHN, NEIL 6 RESERVOIR CIRCLE, SUITE 202 BALTIMORE MD 21208-7310 Title P CUCCARO, RONALD A 126 BUSINESS PARK DRIVE UTICA NY 13502 http://sunbiz.org/scripts/cordet.exe?action=DETFIL&inq doc number=F08000003694&in... 5/22/2009 , www.sunbiz.org - Department of State Page 2 of2 TitleVP SURACE, STEPHEN T 126 BUSINESS PARK DRIVE UTICA NY 13502 TitleS BICKFORD, PATRICK 602 PARK POINT DRIVE, SUITE 206 GOLDEN CO 80401 Annual Reports Report Year Filed Date 2009 01/19/2009 Document Images Qjj19/~QQ~=-81'JNUAI,.~!3.I;EQRT [?C;~~~~.i1;] 08j2_1/2Q_08=EQ[~9ILE'fQlli [%lf~~a..~~N.dflc~ii~,1 I Note: This is not official record. See documents if question or conflict. I Previous on List Next on List Return To List Entity Name Search No Events No Name History ['0~hlJR.q)l!:,;1 I Home I Contact us I Document Searches I E-Filing Services I Forms I Help I Copyright and Privacy PoliCies COPYright (ie' 2007 State of Florida, Department of State. http://sunbiz.org/scripts/cordetexe?action=DETFIL&inq doc number= F0800000 3694&in... 5/22/2009 Goodman Gable Gould 200S-current. History of adjusted claims. Check Date Location Amount Fee % Fee Amount Storm $ $ 11/21/2005 Marathon Hangar 66,240.94 7 4,636.87 Katrina $ $ 1/23/2006 Bayshore Manor 183,664.48 7 12,856.51 Wilma $ $ 1/23/2006 Conch Key Fire Dept 71,420.15 7 4,999.41 Wilma $ $ 1/23/2006 Big Pine Fire Dept 13,370.83 7 935.96 Wilma $ $ 1/31/2006 Marathon Airport 31,554.54 7 2,208.82 Wilma $ $ 1/31/2006 Marathon Airport 268,455.46 8.5 22,818.71 Wilma $ $ 2/8/2006 Key West Airport 31,524.54 8.5 2,676.59 Wilma $ $ 2/8/2006 Key West Airport 241,601.66 10 24,160.17 Wilma $ $ 3/7/2006 Marathon Airport 200,000.00 10 20,000.00 Wilma $ $ 3/31/2006 Bayshore Manor 4,108.94 10 410.89 Wilma $ $ 3/31/2006 Bayshore Manor 30,027.88 10 3,002.79 Wilma $ $ 4/7/2006 Sheriff Hangar 95,897.45 10 9,589.75 Wilma $ $ 4/17/2006 Marathon/Key West 200,000.00 10 20,000.00 Wilma $ $ 4/24/2006 Marathon Hangar 13,581.22 7 950.69 Katrina $ $ 4/24/2006 Marathon Hangar 31,271.12 7 2,188.98 Katrina $ $ 5/4/2006 Key West Airport 143.13 10 14.31 Wilma $ $ 5/4/2006 Key West Airport 100,000.00 10 10,000.00 Wilma $ $ 5/7/2006 Marathon Airport 100,000.00 10 10,000.00 Wilma $ $ 6/13/2006 Marathon Hangar 3,728.78 10 372.88 Wilma $ $ 6/13/2006 Marathon Hangar 12,334.94 10 1,233.49 Wilma $ $ 6/13/2006 Marathon Hangar 18,027.73 10 1,802.77 Wilma 7/11/2006 Marathon Hangar $ 10 $ Wilma 11,555.41 1,155.54 $ $ 9/27/2006 MarathonlKey West 1,000,000.00 10 100,000.00 Wilma $ $ 4/9/2007 5525 College Rd 3,266.50 10 326.65 Wilma $ $ 7/27/2007 5501 College Rd 47,243.10 10 4,724.31 Wilma $ $ 8/1/2007 Marathon/Key West 1,000,000.00 10 100,000.00 Wilma $ $ 9/10/2007 MarathonlKey West 2,094,001.77 10 209,400.18 Wilma $ $ 12/1 2/2008 MarathonlKey West 355,848.00 10 35,584.80 Wilma $ $ 1/7/2009 Marathon/Key West 350,150.23 10 35,015.02 Wilma $ $ 6,579,018.80 641,066.09 ." 1 Licensed Adjusters for Goodman-Gable-Gould Length of time licensed Original as Public Name License # Issue Date Adjuster 6/1/2009 Jam ie Black E144101 2/1/2005 4.33 Joseph Brucker P122302 11/20/2007 1.53 Neal Charkatz P026882 1/24/2006 3.35 Randy Coles P104463 7/18/2007 1.87 Pat Cuccaro A058880 4/8/1 989 20.16 Tony D'Amico A060873 9/12/2000 8.72 Phil Davidson A307598 5/29/2005 4.01 Karl Denison A066039 9/20/1998 10.70 Paul Ferraro P095332 5/1/2007 2.09 Barry Flax P026057 1/19/2006 3.37 Eileen Gerke P150402 6/11/2008 0.97 Billy Goodman A100644 7/5/2000 8.91 Harvy Goodman A100570 7/7/1999 9.91 Lawrence Goodman A100587 11/22/1 999 9.53 Randolph Goodman A100618 11/18/2004 4.54 Andy Gorelick A101150 1/31/2000 9.34 Mike Grady A101841 3/29/1 994 15.19 Willam Greenspan P116544 1 0/9/2007 1.65 Scott Greenwald P038070 4/4/2006 3.16 Jim Harper A111435 1 0/26/2004 4.60 Keith Hayman E130224 12/30/2004 4.42 Barry Keith Hederson E049653 11/19/2002 6.54 John Henkel E149348 11 /22/2004 4.53 JoAnn Katzenstein A318806 7/10/2006 2.90 Allyn Buddy Keyser P104034 7/13/2007 1.89 Carl Lomardo A 157701 1/4/2006 3.41 Andrew Macleay E149350 11 /22/2004 4.53 David Pearce A202649 3/29/2006 3.18 Tim Pegelow E135384 11 /23/2004 4.52 Jim Roof A22541 0 7/23/2007 1.86 Larry Sherman E045724 12/1 3/2002 6.47 Steven Suter P156835 8/4/2008 0.82 Robert Tracy A259791 12/4/2006 2.49 Jim Twaddell E130222 11/23/2004 4.52 Richard West D021241 11/15/1999 9.55 Average 5.42 ) .. Licensed Adjusters for Claim Solvers Length of time licensed Original as Public Name License # Issue Date Adjuster 6/1/2009 Paul Berger P092858 4/17/2007 2.13 Nicole Freelander P175023 12/18/2008 0.45 Debbi Friedman P145246 5/6/2008 1.07 Steven Friedman A090420 7/10/2008 0.89 Dave Gidley P149411 6/4/2008 0.99 Guy Gilbert P142256 4/16/2008 1.13 Greg Muchlberger E131122 6/3/2005 4.00 Adam Schild P134138 2/19/2008 1.28 Jonathan Staenberg P164648 9/26/2008 0.68 Cindy Lou Thor P079508 5/22/2007 2.03 Mike Virkaitis P090480 3/27/2007 2.18 Tiffany Welch P171773 11 /22/2008 0.52 Average 1.45 REFERENCES: Goodman-Gable-Gould 15 pages Claim Solvers 2 pages Email - Risk Administrator 1 page ~uiar- Teresa From: Slavik-Maria Sent: Monday, June 01,200911 :19 AM To: 'Sid Webber'; Hall-Cynthia; Aguiar-Teresa Subject: FW: FW: Reference -Goodman-Gable FYI Maria L. Slavik. CPM Risk Administrator The Historic Gato Cigar Factory 1100 Simonton Street, Suite 2-268 Key West, Florida 33040 Office 305-295-3178 Fax 305-295-3179 sl avik -m a ria@monroecounty-fl.gov Please take a moment to complete our Customer Satisfaction Survey: http:/ /monroecofl.virtualtownhall.net/Pages/MonroeCoFL_ WebDocs/css Your feedback is important to us! Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. m--Original Messagem-- From: na ncy. massenburg@prudential.com [ma i1to:na ncy .massenbu rg@prudential.com] Sent: Monday, June 01, 2009 10:58 AM To: Slavik-Maria Subject: Re: FW: Reference -Goodman-Gable Maria: My responses are below: 1. Were they happy with Goodman-Gable-Gould/Adjusters International services? Yes, we have used Goodman-Gable-Gould during many Cat events starting with Hurricane Katina and Ike most recently. 2. Did the project require litigation? If so, No litigation has been necessary for us. a. What attorney firm represented them? b. What were the legal fees associated with the project 3. How much was collected from the insurers? We consider any $ figures to be confidential and sorry unable to provide to you. 4. Would you use Goodman-Gable-Gould/Adjusters International again? Yes, we will definitely use Goodman-Gable-Gould for any need that arises and have recommended them to many mutual customers. Maria, I can not say enough about these folks at Goodman-Gable-Gould, they have always responded to us in record 1 breaking time and we consider our dealings with them as a true partnership and I highly recommend them to anyone needing services, as they will exceed your expectations. They bring a wealth of knowledge and expertise to the table. Thank you for allowing me to comment. Sincerely, Nancy Massenburg Director - Insurance Prudential Asset Resources, Inc. 2100 Ross Avenue, Suite 2500 Dallas, TX. 75201 T 214- 777-4568 F 214- 721-6075 "Slavik-Maria" <Slavik-Maria@Mon roeCounty-FL.Gov> To <nancy .massen burg@prudential.com> cc Wed OS/27/2009 11:11 AM Subject FW: Reference -Goodman-Gable Ms. Massenburg: We went out for RFP for Public Adjusters and your company has been listed as a reference. Could you please answer the following questions? 1. Were they happy with Goodman-Gable-Gould/Adjusters International services? Yes, we have used Goodman-Gable during many Cat events starting with Hurricane Katina and Ike most recently. 2. Did the project require litigation? If so, No litigation has been necessary for us. a. What attorney firm represented them? b. What were the legal fees associated with the project 2 3. How much was collected from the insurers? We consider any $ figures to be confidential and sorry unable to provide to you. 4. Would you use Goodman-Gable-Gould/Adjusters International again? Yes, we will definitely use Goodman-Gable-Gould for any claim needs that arise. Thank you, Maria L. Slavik. CPM Risk Administrator The Historic Gato Cigar Factory 1100 Simonton Street, Suite 2-268 Key West, Florida 33040 Office 305-295-3178 Fax 305-295-3179 sl avik -ma ria@monroecounty-fl.gov Please take a moment to complete our Customer Satisfaction Survey: http:/ /monroecofl.virtualtownhall.netjPages/MonroeCoFL_ WebDocs/css Your feedback is important to us! Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. 3 Page lof2 Aguiar- Teresa - - ~--- From: Slavik-Maria Sent: Monday, June 01, 2009 7:31 AM To: 'Sid Webber'; Hall-Cynthia; Aguiar-Teresa Subject: FW: Reference -Goodman-Gable Another reference for Goodman-Gable. FYI C! (J/"r,l. 7: r. /' Risk Administrator The Histone Gato Cigar Factory 1100 Simonton Street. SUite 2-268 Key West, Florida 33040 Office 305-295-3178 Fax 305-295-3179 s lCi\lil<~mgrig@ m QOJQ~<.:QU nt)'~fl.gQY Please take a moment to complete our Customer Satisfaction Survey: ht.tp:j/mOI1LQ~~ofl.\lirtuaJtQwnhCill.D.~_t/PCi~LMQnrQE!CQEl._Y'/~bl:)Q~i:>/c:~~ Your feedback is important to us! Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. ~- From: Kelley, Mike [mailto:Mike.Kelley@piper.com] Sent: Friday, May 29, 20094:04 PM To: Slavik-Maria Subject: RE: Reference -Goodman-Gable 1. extremely happy with services provided. Professional and very responsive to our needs. They work well with the team and I think it paid off in the end 2. No litigation required 3. More than was estimated 4. most definitely Mike Kelley, Piper Aircraft -~-~---~~~---~~~""~>-~~-.....,...,- From: Slavik-Maria [mailto:Slavik-Maria@MonroeCounty-FL.Gov] Sent: Wednesday, May 27, 2009 12: 10 PM To: Bass, Jim Cc: Kelley, Mike Subject: RE: Reference -Goodman-Gable From: Slavik-Maria Sent: Wednesday, May 27, 2009 12:06 PM To: 'jim.bass@piper.com' Cc: 'mike.kelley@piper.com' Subject: FW: Reference -Goodman-Gable Mr. Bass/Mr. Kelley: 6/512009 Page 2 of 2 We went out for RFP for Public Adjusters and your company has been listed as a reference. Could you please answer the following questions? 1. Were they happy with Goodman-Gable-Gould/Adjusters International services? 2. Did the project require litigation? If so, a. What attorney firm represented them? b. What were the legal fees associated with the project 3. How much was collected from the insurers? 4. Would you use Goodman-Gable-Gould/Adjusters International again? Thank you, . :fbi'll! (';/'-/N"l. Risk Administrator The Historic Gato Cigar Factory 1100 Simonton Street, Suite 2.268 Key West, Florida 33040 Office 305-295-3178 Fax 305-295-3179 ~1<:lyik~maric't@mQmQ_eQ9LJnty-fL9-QIJ Please take a moment to complete our Customer Satisfaction Survey: bttJl:!!m9IlrgeQQJI.'IILrt1.JCllt()wnhall,n~t/PClges!M9mQeC()FI.._WebO9C~!~~ Your feedback is important to us! Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. 6/512009 Page 1 of 2 Aguiar-Teresa ,...,~~- ,,~>'/_----"""" From: Slavik-Maria Sent: Thursday, May 28, 2009 10:20 AM To: Hall-Cynthia; 'Sid Webber'; Aguiar-Teresa Subject: FW: Reference -Goodman-Gable FYI . /{/~;'l C/. (Jim';! Y. "/' Risk Administrator file Histone Gato Cigar Factory 1100 Simonton Street. Suite 2-268 Key West, Florida 33040 Office 305-295-3178 Fax 305-295-3179 ~I;;t\lil< -mgria,@mQDLQ~c;QUJJty- fl.gol,i Please take a moment to complete our Customer Satisfaction Survey: bttP:!!m~mLQ~GQfl.yjrtLJaJt()\^'(lJball.n~t!pgges,IMQoro~C()El.._W~bJ::)QC$/c;s$ Your feedback is important to us! Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. -- From: R. Scott Ireland [mailto:ireland@gate.net] Sent: Thursday, May 28, 2009 10:17 AM To: Slavik-Maria Subject: RE: Reference -Goodman-Gable Dear Ms. Slavik, 1. We were pleased with the performance of Gable-Gould Adjusters. 2. No, the project did not require litigation. 3. The amount collected was in excess of $400,000. 4. Yes, we would use Gable-Gould again if circumstances warranted. I hope this helps. Sincerely, R. Scott Ireland From: Slavik-Maria [mailto:Slavik-Maria@MonroeCounty-FL.Gov] Sent: Wednesday, May 27, 2009 12:20 PM To: ireland@gate.net Subject: FW: Reference -Goodman-Gable Mr. Ireland: 6/5/2009 Page 20f2 We went out for RFP for Public Adjusters and your company has been listed as a reference. Could you please answer the following questions? 1. Were they happy with Goodman-Gable-Gould/Adjusters International services? 2. Did the project require litigation? If so, a. What attorney firm represented them? b. What were the legal fees associated with the project 3. How much was collected from the insurers? 4. Would you use Goodman-Gable-Gould/Adjusters International again? Thank you, . ;/:0;1(1 t!. (.j/'/ri/'. '(J'I:;;F Risk Administrator The Historic Gato Cigar Factory 1100 Simonton Street. Suite 2-268 Key West, Florida 33040 Office 305-295-3178 Fax 305-295-3179 $layik~mC!,-jCi@mQorQ~CQunty~JI,gQ'" Please take a moment to complete our Customer Satisfaction Survey: bttP:LLmQnrQ~cQfIJliLtLJCilt~wnbCiII.oetJP_Ci9~~MQnrQELCoEI.,._\^leJ;>pQ(;sLc$$ Your feedback is important to us! Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. 6/5/2009 Page I of 3 Aguiar-Teresa .----""' ~~---" -"'-"..........-~- From; Slavik-Maria Sent: Thursday, May 28, 2009 8:08 AM To: Hall-Cynthia; Aguiar-Teresa; 'Sid Webber' Subject: FW: Reference -Goodman-Gable Another reference from a client on Goodman-Gable. . !!0dlf (( (;/'Idl. '( i,/: Risk Administrator The Historic Gato Cigar Factory 1100 Simonton Street. SUite 2-268 Key West, Florida 33040 Office 305-295-3178 Fax 305-295-3179 $1<3.ViK~m<3.ri<3.@mQmQ~QQl.JQt'L-fl.gQY Please take a moment to complete our Customer Satisfaction Survey: httjJ:L/m.Qfl,.Q~c;QtLyirtLJ<3.ltoWDh<3.JI.De.1lP99-e~MQmQ~CoEL,_Wel>QQc;sLc;ss Your feedback is important to us! Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. --- From: Mark Greco [mailto:mark@Urdang.com] Sent: Thursday, May 28, 2009 6:43 AM To: Slavik-Maria Cc: Vince Sanfilippo Subject: RE: Reference -Goodman-Gable See responses below Mark B. Greco Managing Director - Asset Management URDANG 630 West Germantown Pike, Suite 300 Plymouth Meeting, PA 19462 610.818.4699 (phone) 610.818.4698 (fax) <maillQ=--l]1gr~~Q<g>lII<lm!g,C:Qm2 www._urdang,c:QI]1 The information contained in this e-mail, and any attachment, is confidential and is intended solely for the use of the intended recipient. Access, copying or re-use of the e-mail or any attachment, or any information contained therein, by any other person is not authorized. If you are not the intended recipient please return the e-mail to the sender and delete it from your computer. Although we attempt to sweep e-mail and attachments for viruses, we do not guarantee that either are virus-free and accept no liability for any damage sustained as a result of viruses. 6/512009 Page 2 of 3 -----Original Message-m- From: Slavik -Maria [ma Uto: Slavik -Maria@MonroeCounty-FL.Gov] Sent: Wednesday, May 27, 2009 12:22 PM To: Mark Greco Cc: Vince Sanfilippo Subject: FW: Reference -Goodman-Gable Mr. Greco & Mr. Sanfilippo: We went out for RFP for Public Adjusters and your company has been listed as a reference. Could you please answer the following questions? 1. Were they happy with Goodman-Gable-Gould/Adjusters International servi ces? I Mark Greco] More than satisfied. 2. Did the project require litigation? IMark Greco] Yes If so, a. What attorney firm represented them?IMark Greco] Merlin Law Group b. What were the legal fees associated with the projectlMark Greco] +/- $150k 3. How much was collected from the insurers?IMark Greco] We collected an amount at the higher end of their initial estimates. 4. Would you use Goodman-Gable-Gould/Adjusters International again? [Mark Grecol Absolutely! Thank you, . ;I{;~ifl (. Jim.il. ;;7 Risk Administrator The Historic Gato Cigar Factory 1100 Simonton Street, Suite 2.268 Key West, Florida 33040 Office 305-295-3178 Fax 305-295-3179 sJgyik-maIig~JJlon ro~c.:ount~fLgQY Please take a moment to complete our Customer Satisfaction Survey: bttp~jmqDfgecofl.virll.JaltownbgJI.ne1LE'agE:ls/ry19nrQeCOFh_W~bD9c.:sj~::;::; Your feedback is important to us! Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.comlemail This email has been scanned by the MessageLabs Email Security System. 6/512009 Page 1 of 2 Aguiar-Teresa ---~- ._~ From: Slavik-Maria Sent: Wednesday, May 27,20092:47 PM To: Hall-Cynthia Cc: 'Sid Webber'; Aguiar-Teresa Subject: FW: Reference -Goodman-Gable (.j (.)!r!l'i!.-. '/F Risk Administrator The Historic Gato Cigar Factory 1100 Simonton StreeL Suite 2-268 Key West. Florida 33040 Office 305-295-3178 Fax 305-295-3179 slavik~Jm,!ria @ rn()lJIQ~Qounty_~fJ,gov Please take a moment to complete our Customer Satisfaction Survey: bJtJ2:LLmonro~c()JIL\{irtualtownlliill.n~JLP~ges/MQn[oeCoEL., WebDoc?lcss Your feedback is important to us! Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. -~~--~' ~----"---~~~~~~~------ From: Chris Robertson [mailto:chriswrobertson@gmail.com] Sent: Wednesday, May 27,2009 12:40 PM To: Slavik-Maria Subject: RE: Reference -Goodman-Gable The best in the business extremely professional no Iidtigation From: Slavik-Maria [mailto:Slavik-Maria@MonroeCounty-FL.Gov] Sent: Wednesday, May 27,2009 11:19 AM To: cwrobertson@prodigy.net Subject: FW: Reference -Goodman-Gable Mr. Robertson: We went out for RFP for Public Adjusters and your company has been listed as a reference. Could you please answer the following questions? 1. Were they happy with Goodman-Gable-Gould/Adjusters International services? 2. Did the project require litigation? If so, a. What attorney firm represented them? b. What were the legal fees associated with the project 3. How much was collected from the insurers? 6/5/2009 Page 2 of 2 4. Would you use Goodman-Gable-Gould/Adjusters International again? Thank you, . Jkrwr ':.1. I //rr,;/... ' ;11 Risk Administrator The Historic Gato Cigar Factory 1100 Simonton Street. Suite 2-268 Key West, Florida 33040 Office 305-295-3178 Fax 305-295-3179 slavik -roo,rja, @ m~nr9E:)county-fL~Q\,f Please take a moment to complete our Customer Satisfaction Survey: httpJftT1QnrQ~_cQfl.YirtLJaltoWJJhgll.n~tLE'age$IMQOJQE:)C9FJ.._WE:)bD9~~CS$ Your feedback is important to us! Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. 6/512009 To: Hall-Cynthia; 'Sid Webber'; Aguiar-Teresa Subject: FW: Reference -Goodman-Gable From: Sylvia.Hellman@amwater.com [mailto:Sylvia.Hellman@amwater.com] Sent: Wednesday, May 27, 2009 12:22 PM To: Slavik-Maria Subject: Re: Reference -Goodman-Gable Ms. Slavik - I was very pleased with the service that Goodman Gable provided. I did not have the manpower to respond to the plethora of requests that insurance carrier demanded to document claim. I also did not have the experience of handling a claim of that magnitude. Goodman Gable (Harvey Goodman) coordinated that effort and served as my advocate. My claim was a multi million dollar claim that took a few years to resolve. We did engage counsel (Donald W. Kiel of K&L Gates 973-848-4064) who also did an excellent job. Case was resolved prior to going to Trial. I can not provide specifics as materials (dating back to 1999 -Tropical Storm Floyd) are in storage. I would recommend Goodman Gable without hesitation. Should you have any questions, please contact me. Sylvia Hellman, ARM phone: 856-309-4886 fax: 856-566-4004 American Water 1025 Laurel Oak Road Voorhees, NJ 08043 sylvia. he II man@amwater.com This e-mail is confidential and intended solely for the use of the individual(s) to whom it is addressed. Any views or opinions presented are solely those of the author and do not necessarily represent those of American Water Northeast Region or subsidiaries. American Water Northeast Region, PO Box 5079, Cherry Hill, NJ 08034 For more information on American Water, please visit our web site at http://www.amwater.com 2 Page 1 of 2 Aguiar-Teresa ~"- "''''-- From: Slavik-Maria Sent: Wednesday, May 27,200912:25 PM To: Hall-Cynthia; 'Sid Webber'; Aguiar-Teresa Subject: FW: Reference -Goodman-Gable From: Jesmer, Lisa (US) [mailto:Jesmer@am.jll.com] Sent: Wednesday, May 27,2009 12:20 PM To: Slavik-Maria Subject: RE: Reference -Goodman-Gable Maria: Please see my answers to your questions below: Lisa K. Jesmer Senior Vice President Jones Lang LaSalle Americas, Inc. tel 1 +305 423 4701 fax 1 + 305 423 4702 jesmer@am.jll.com From: Slavik-Maria [mailto:Slavik-Maria@MonroeCounty-FL.Gov] Sent: Wednesday, May 27,2009 12:16 PM To: sfrankel@caranproperties.com Cc: Jesmer, Lisa (US) Subject: FW: Reference -Goodman-Gable Ms. Frankel/Ms. Jesmer: We went out for RFP for Public Adjusters and your company has been listed as a reference. Could you please answer the following questions? 1. Were they happy with Goodman-Gable-Gould/Adjusters International services? Yes, extremely happy with the outcome of our case, their follow through and expertise. 2. Did the project require litigation? If so, Litigation was not necessary. a. What attorney firm represented them? b. What were the legal fees associated with the project 3. How much was collected from the insurers? Approximately $12 million. 4. Would you use Goodman-Gable-Gould/Adjusters International again? Yes. 6/5/2009 Page 1 of 2 Aguiar-Teresa - From: Slavik-Maria Sent: Wednesday, May 27, 2009 12:25 PM To: Hall-Cynthia; 'Sid Webber'; Aguiar-Teresa Subject: FW: Reference -Goodman-Gable From: Jim Pelletier [mailto:jpelletier@biltmorehotel.com] Sent: Wednesday, May 27, 2009 12:19 PM To: Slavik-Maria Subject: RE: Reference -Goodman-Gable see below --. ----~--- ~~~--- From: Slavik-Maria [mailto:Slavik-Maria@MonroeCounty-FL.Gov] Sent: Wednesday, May 27, 2009 12:14 PM To: Jim Pelletier Subject: FW: Reference -Goodman-Gable Mr. Pelletier: We went out for RFP for Public Adjusters and your company has been listed as a reference. Could you please answer the following questions? Were they happy with Goodman-Gable-GouldlAdjusters International services? 1. Excellent company our main contact was Keith Hayman. Very professional 2. Did the project require litigation? If so, no a. What attorney firm represented them? b. What were the legal fees associated with the project 3. How much was collected from the insurers? in excess of 8 million 4. Would you use Goodman-Gable-Gould/Adjusters International again? absolutely Thank you, . ;;hrm0..i. UI",.;;", . ;/r Risk Administrator The Historic Galo Cigar Factory 1100 Simonton Street, Suite 2-268 Key West. Florida 33040 Office 305-295-3178 Fax 305-295-3179 slgyiJ\~m~ria @monro~cOJml)1:tl~gQY 6/5/2009 Page 1 of 2 Aguiar-Teresa ,~~------"- "---~-------.,-" ~~'"'~ From: Slavik-Maria Sent: Wednesday, May 27,200912:25 PM To: Hall-Cynthia; 'Sid Webber'; Aguiar-Teresa Subject: FW: Reference -Goodman-Gable From: Sherry Frankel [mailto:sFrankel@caranproperties.com] Sent: Wednesday, May 27,2009 12:18 PM To: Slavik-Maria Cc: jesmer@am.jll.com Subject: RE: Reference -Goodman-Gable Please see my responses below. From: Slavik-Maria [mailto:Slavik-Maria@MonroeCounty-FL.Gov] Sent: Wednesday, May 27, 2009 12:16 PM To: Sherry Frankel Cc: jesmer@am.jll.com Subject: FW: Reference -Goodman-Gable Ms. Frankel/Ms. Jesmer: We went out for RFP for Public Adjusters and your company has been listed as a reference. Could you please answer the following questions? 1. Were they happy with Goodman-Gable-Gould/Adjusters International services? Yes we were very pleased 2. Did the project require litigation? If so, No litigation was required a. What attorney firm represented them? b. What were the legal fees associated with the project 3. How much was collected from the insurers? About 1 ,000,000 4. Would you use Goodman-Gable-Gould/Adjusters International again? lres Thank you, > ;f;;(~/({ (. J/m"j,. ';1) Risk Administrator The Historic Gato Cigar Factory 1100 Simonton Street, Suite 2.268 Key West, Florida 33040 Office 305-295-3178 Fax 305-295-3179 slcntil<.:maria~tm_QJ1(QE:tCQun1Y:JlgQY Please take a moment to complete our Customer Satisfaction Survey: b1tp:L/moDlOecQfLvirtug.JJQ_V',Inhall,nJ:~tlE~:!g~$LMQnroe_CQfL V'olebQQcsLcss Your feedback is important to us! 6/5/2009 Page 1 of 2 ~ ~ Aguiar-Teresa - >'"*~- From: Slavik-Maria Sent: Thursday, May 28, 200910:19 AM To: 'Sid Webber'; Hall-Cynthia; Aguiar-Teresa Subject: FW: Reference -Claim Solvers REPLY FYI S! ()/tu'll 't/~ Risk Administrator The Histone Gato Cigar Factory 1100 Simonton Street. SUite 2~268 K.ey West, Florida 33040 Office 305-295-3178 Fax 305-295-3179 slclViK-marjg@m()mQElc()l.Jnty~fl,gQ'L Please take a moment to complete our Customer Satisfaction Survey: bJtQ:/jmQnLQEl~J:>f1,Yirt!.!glt()wnhc:ill~oEltJPg~_stMonrQ~CQELlJI{el:>P()_G~~S$ Your feedback is important to us! Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. From: Royal Flamingo Villas [mailto:rfvillas@bellsouth.net] Sent: Thursday, May 28, 2009 10:03 AM To: Slavik-Maria Subject: RE: Reference -Claim Solvers REPLY From: Slavik -Maria [ma i1to: Slavik -Maria@MonroeCounty-FL.Gov] Sent: Wednesday, May 27,20093:35 PM To: rfvillas@bellsouth.net Subject: FW: Reference -Claim Solvers Ms. Oboyle: We went out for RFP for Public Adjusters and your company has been listed as a reference. Could you please answer the following questions? 1. Were they happy with Claim Solvers services? YES 2. Did the project require litigation? If so, NOT AT THIS TIHE a. What attorney firm represented them? N/l'. b. What were the legal fees associated with the project N/A 3. How much was collected from the insurers? 41 'I'HOUSAND, AT THIS Tn1E 4. Would you use Claim Solvers again? YES 6/5/2009 Page 2 of 2 1 ~ Thank you, THl.u\JKYOTJ ,JJ:.,J\JICE 0.. (. )/af'/,I,-. Risk Administrator The Historic Gato Cigar Factory 1100 Simonton Street, Suite 2-268 Key West, Florida 33040 Office 305-295-3178 Fax 305-295-3179 $lgvjj{-maJiCi@mQDrOeCQlJDty-fl.gov Please take a moment to complete our Customer Satisfaction Survey: http://mQn[Q~QQfLl,/irt@ltowOhgU.D~J/PCig~$LMQDro~CQELWet:>D()~$/c$_$ Your feedback is important to us! Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. 6/5/2009 Page 1 of 1 .. Aguiar- Teresa ---- From: Slavik-Maria Sent: Wednesday, May 27,200912:28 PM To: Hall-Cynthia; 'Sid Webber'; Aguiar-Teresa I did the same for Claim Solver's references however, I had to place phone calls for there references as they did not provide e-mail addresses. I had to leave messages for three of there references and one of them had there phone number disconnected at there request. . ;;;t;'r/i i:l. U(,"'if. '((r I: }7 Risk Administrator The Historic Gato Cigar Factory 1100 Simonton Street, Suite 2-268 Key West, Florida 33040 Office 305-295-3178 Fax 305-295-3179 $19.Yi~..mClria...@.nlQmQ~C_QLJnt'.-fI.9.Q\I Please take a moment to complete our Customer Satisfaction Survey: http://mQDrQeCQfl.\llrtu_a.ltQ\^IDJJgILD~t/EQgesIMQDro.&J;QfJ.._W~b[)QQ$ic~ Your feedback is important to us! Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. 6/5/2009 REOUEST FOR PROPOSAL 50 PAGES Advertising Date: 2/20/09;2/21/09;2/22/09 Bid Opening Date: 4/1/09 NOTICE OF CALLING FOR PROPOSALS NOTICE IS HEREBY GIVEN TO PROSPECTIVE PROPOSERS that on April 1, 2009 at 3:00 P.M. the Monroe County Purchasing Office will open sealed proposals for the following: INSURANCE ADJUSTING CLAIM SERVICES MONROE COUNTY, FL RFP-RSK-91-274-2009-PURlCV Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at www.demandstar.com OR htto:/Iwww.co.monroecountv_ f1.Qov/oaqeslmsd/orooosals.htm or call toll-free at 1-800-711-1712. The Public Record is available at the Purchasing Office located at the Gato Building, 1100 Simonton Street, Key West, FL 33040. Technical questions should be directed, in writing, to Maria Slavik, Risk Administrator, The Gato Building, 1100 Simonton Street, Suite 2-268, Key West, FL 33040 or by facsimile to (305) 295-3179. All answers will be by Addenda. Proposers must submit a total of four (4), two (2) signed originals and two (2) complete copies, of each proposal in a sealed envelope clearly marked on the outside with the Proposer's name and: "Monroe County Proposal for INSURANCE ADJUSTING CLAIM SERVICES," addressed and delivered to: Monroe County Purchasing Office 1100 Simonton Street, Room 1-213 Key West, FL 33040 Phone: (305) 292-4466 Fax: (305) 292-4465 All proposals must be received by the County Purchasing Office before 3:00 P.M. on April 1,2009. Any proposals received after this date and time will be automatically rejected. Materials may be delivered by Certified Mail, Return Receipt Requested, hand-delivered or couriered. Faxed or e-mailed proposals will be automatically rejected. Hand delivered Proposals may request a receipt. If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated above. Proposers should be aware that certain "express mail" services will not guarantee specific time delivery to Key West, Florida. It is the sole responsibility of each Proposer to ensure their proposal is received in a timely fashion. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. All proposals must remain valid for a periOd of ninety (90) days from the date of the deadline for the proposal stated above. The Board will automatically reject the response of any person or affiliate who appears on the convicted vendor list prepared by the Department of Management Services, State of Florida, under Sec. 287. 133(3)(d), 2 of 44 Florida Statute (1997). Monroe County declares that all or portions of the documents and work papers and other forms of deliverables pursuant to this request shall be subject to reuse by the County. All proposals, including the recommendation of the County Administrator and the requesting Department Head, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise. The Board reserves the right to reject any and all proposals, to waive informalities in any or all proposals, to re- advertise for proposals, and to separately accept or reject any item or items and to award and/or negotiate a contract in the best interest of the County. Dated at Key West this 1 yth day of February, 2009. Monroe County Purchasing Department Publication Dates: Reporter (Fr) 2/20/09 Keynoter (Sa) 2/21/09 Citizen (Su) 2/22/09 3 of 44 TABLE OF CONTENTS NOTICE OF REQUEST FOR PROPOSALS SECTION ONE - Instruction to Proposers General Information and Coverages Requested Compliance with Florida Statutes Evaluation and Selection of Proposers) SECTION TWO - SAMPLE AGREEMENT SECTION THREE- COUNTY FORMS 4 of 44 SECTION ONE: INSTRUCTIONS TO PROPOSERS 1. Objective of the Request for Proposals Monroe County is requesting proposals for the following: >- Insurance Adjusting Services The County desires to establish a retaining agreement that will govern the activities and pricing of the services that will be provided. All services will be provided as deemed necessary by the County. No services will be performed until authorized by the County to do so. The effective date of the agreement will be May 1, 2009. This Agreement shall be automatically renewed for successive one-year periods until either party gives the other notice of cancellation in accordance with the terms set forth below. If either party desires to modify or terminate this Agreement, it shall notify the other in writing at least thirty (30) days prior to the effective date of such modification or termination. In the case of proposed modification the party receiving the notification of the proposed modification shall itself notify the other party within ten (10) days after receipt of notice of its agreement to the proposed modification. Failure to do so shall terminate this Agreement. Items contained in this Request For Proposals (RFP) are considered to be an integral part of the proposed programs. Adherence to the items listed here is intended by the County unless specifically otherwise accepted by both the Proposer and the County. Acceptance of modification of any portion of the items contained herein will not serve to waive or modify any other portion of the proposed agreement. The County is seeking a firm that will enter into a retainer agreement with the County that will evaluate damage to County property and negotiate maximum settlements with its insurers following catastrophic events resulting in significant damage. It is not anticipated that services will be required for minor/incidental events. The County will not be responsible for any payments to the successful proposer unless a formal request for services is issued by the County. The following services will be expected of the successful proposer. ~ Investigate and analyze all property damage associated with claims assigned to y the adjuster. ~ Review all insurance policies and determine the recoveries available to the County J;. from each policy. )>- Review pre-loss estimates that could effect recovery and recommend ;.. modifications if necessary. );. Prepare a concise, well documented replacement cost estimate of buildings ~ and personal property damaged and determine the Actual Cash Value (ACV) if )> applicable. J;. Evaluate "code upgrade" coverages and costs, if applicable ;.. Negotiate interim and final settlements with the County insurers. 5 of 44 ~ Advise County management regarding the capture and development of );. loss information (including direct damage, extra expenses, and loss of income). );. Coordinate and integrate all areas of the claim effort on behalf of the County. ? Assist in the coordination of advance payments with the County insurers. .,. Coordinate all inspections and meetings with the County's insurers. ? Provide regular status reports. y Review all claim data with County representatives prior to being submitted to the insurers. ;.. Conduct and/or participate in all settlement discussions with the County's insurers. );0- Maintain all information obtained during the services provided to the County as confidential y Expedite and maximize all recoveries available to the County. .,. Coordinate with the Federal Emergency Management Agency (FEMA) if required. .,. Any and all services required to resolve County claims with its insurers. 2. Background Information Monroe County ("County") is a non-chartered county established under the Constitution and the laws of the State of Florida. The Clerk of the Circuit Court serves as the fiscal agent of the board of county commissioners. The population of the County is estimated at approximately 81,000. The total current real and personal property values are approximately $93 million. A total of 51 locations are insured by the County. Various smaller buildings used for maintenance and other activities are currently self-insured. The Board of County Commissioners, as the governing body, has all the powers of a body corporate, including the powers to contract; to sue and be sued; to acquire, purchase, hold, lease and convey real estate and personal property; and to generally exercise the powers of a public authority organized and existing for the purpose of providing community services to citizens within its territorial boundaries. In order to carry out this function, the County is empowered to levy taxes to pay for the cost of operations and to provide services. The County has a full time Risk Management Administrator who oversees the County's insurance program to include the settlement of property claims. The program extends to all agencies of the County including but not limited to: )> Board of County Commissioners; );0- Land Authority; .,. Property Appraiser; ? Sheriff's Department; .,. Supervisor of Elections; .,. County Clerk's Office; .,. Tax Collector and ? The Tourist Development Council 3. Evaluation Criteria The successful proposer will be selected based on the following criteria. 1) The availability of licensed adjusters 2) Experience in providing insurance adjusting services with emphasis placed on services provided to governmental entities. 3) Recommendations from prior clients. 4) Familiarity with Monroe County operations. 6 of 44 5) Ability to provide services when requested by the County. 6) Geographical location of adjusters assigned to provide service to the County. 7) Pricing expressed as a percentage of recoveries from insurers arranged by the proposer. The maximum fee that will be considered by the County are those expressed in Florida Statute 9 626.854 (11 )(b). 4. Requests for Additional Information Requests for additional information relating to the specifications of this Request for Proposals shall be submitted in writing directly to: Maria Slavik, Risk Administrator 1100 Simonton Street, Suite 2-268 Key West, Florida 33040 Facsimile (305) 295-3179 All requests must be received no later than 3:00 PM, April 1 , 2009. If necessary, an addendum to the RFP will be issued shortly thereafter and distributed to all interested proposers, responding with the County's best ability to answer all questions. 5. Content of Submission The proposal submitted in response to this Request for Proposals (RFP) shall be printed on 8-1/2" x 11" white paper and bound; shall be clear and concise, tabulated, and provide the information requested herein. Statements submitted without the required information will not be considered. Responses shall be organized as indicated below. The Proposer should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Proposer must submit adequate documentation to certify the Proposer's compliance with the County's requirements. Proposer should focus specifically on the information requested. 6. Format. The response, at a minimum, shall include the following: A. Cover Paae, A cover page that states "PROPOSAL FOR INSURANCE ADJUSTING CLAIM SERVICES" must be included. The cover page should contain Proposer's name, address, telephone number, and the name of the ProJX}ser's contact person(s). 7 of 44 B. Tabbed Sections Tab 1. Executive Summary The Proposer shall provide a narrative of the firm's qualities and capabilities that demonstrates how the firm will work with the County to fulfill the requirements of this Service. Describe the firm's methods of providing Insurance Adjusting Claim Services listed in Section 1, both in the office and at locations affected by the catastrophic events resulting in significant damage. Tab 2. Relevant Experience The Proposer shall provide a project history of the firm or organization demonstrating experience with services that are similar in scope and size to the requested services. Tab 3. Past Performance on Similar Projects The Proposer shall provide a list of past projects indicating the following: Name and full address of the referenced project client Name and telephone number of client contact for referenced project Date of initiation and completion of contract Summary of the project and services Tab 4. Project Approach The Proposer shall describe the approach and methodology it will use to accomplish the work defined herein. The project approach shall include information on schedule and availability where applicable. Tab 5. Staffing for this Project and Qualifications of Key Personnel The Proposer shall describe the composition and structure of the firm (sole proprietorship, corporation, partnership, joint venture) and include names of persons with an interest in the firm. The Proposer shall include a list of the proposed staff that will perform the work required if awarded this contract. An organizational chart and management plan should be included in this section. The Proposer shall also include minimum qualifications for each class of employee of the project team and identify his/her role on the team. Include in this section the location of the main office and the location of the office proposed to work on this project. Tab 6. Other Information Proposer shall provide any additional project experience that will give an indication of the Proposer's overall abilities. 8 of 44 Tab 7. Litigation Provide answers to the following questions regarding claims and suits: (a) Has the Proposer ever failed to complete work or provide the services for which it has contracted? (If yes, provide details.) (b) Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the Proposer, or its officers or general partners? (If yes, provide details.) (c) Has the Proposer, within the last five (5) years, been a party to any lawsuit or arbitration with regard to a contract for services, goods or construction services similar to those requested in the RFP? (If yes, the Proposer shall provide a history of any past or pending claims and litigation in which the Proposer is involved as a result of the provision of the same or similar services which are requested or described herein.) (d) Has the Proposer ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? (If yes, provide details.) (e) Whether, within the last five (5) years, an officer, general partner, controlling shareholder or major creditor of the Proposer was an officer, general partner, controlling shareholder or major creditor of any other entity that failed to periorm services or furnish goods similar to those sought in the request for proposals. Tab 8. County Forms Proposer shall complete and execute the forms specified below and located in Section two in this RFP, as well as copies of all insurance and occupational licenses and shall include them in this section, i.e. Tab 8: Forms Submission Response Form Lobbying and Conflict of Interest Ethics Clause Non-Collusion Affidavit Drug Free Workplace Form Public Entity Crime Statement Request of Waiver of Insurance Requirements (optional) COPIES OF RFP DOCUMENTS A. Only complete sets of RFP Documents will be issued and shall be used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of RFP Documents may be obtained in the manner and at the locations stated in the Notice of Request for Proposals. 9 of 44 7. STATEMENT OF PROPOSAL REQUIREMENTS See also notice of Request for Proposals. Interested firms or individuals are requested to indicate their interest by submitting a total of four (4), two (2) signed originals and two (2) complete copies, of the proposal, in a sealed envelope clearly marked on the outside, with the Proposer's name and "Monroe County Proposal for Insurance Adjusting Claim Services," addressed to Monroe County Purchasing Department, 1100 Simonton Street, Room 1-213, Key West, FL 33040, which must be received on or before 3:00 P.M. local time on April 1, 2009. Hand delivered Proposals may request a receipt. No proposals will be accepted after 3:00 P.M. Faxed or e- mailed proposals shall be automatically rejected. It is the sole responsibility of each Proposer to ensure its proposal is received in a timely fashion. 8. DISQUALIFICATION OF PROPOSER A. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Proposers, the proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future proposals for the same work. B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or seNices to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases or perform work as a contractor, supplier, subcontractor, or contractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $25,000.00 C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit it with his/her proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. D. LOBBYING AND CONFLICT OF INTEREST ETHICS CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his/her bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. 10 of 44 9. EXAMINATION OF RFP DOCUMENTS A. Each Proposer shall carefully examine the RFP and other contract documents, and inform himself/herself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the Proposer shall in no way relieve him/her of the obligations and responsibilities assumed under the contract. B. Should a Proposer find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the County. 10. INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any Proposer as to the meaning of the contract documents. Any inquiry or request for interpretation received seven (7) or more days prior to the date fixed for opening of responses will be given consideration. All such changes or interpretation will be made in writing in the form of an addendum and, if issued, will be furnished to all known prospective Proposers prior to the established Proposal opening date. Each Proposer shall acknowledge receipt of such addenda in his/her Proposal. In case any Proposer fails to acknowledge receipt of such addenda or addendum, his/her response will nevertheless be construed as though it had been received and acknowledged and the submission of his/her response will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each Proposer will be bound by such addenda, whether or not received by him/her. It is the responsibility of each Proposer to verify that he/she has received all addenda issued before responses are opened. 11. GOVERNING LAWS AND REGULATIONS The successful proposer must comply with the provisions of Florida Statute 9 626.854 to include fees charged to the County as specified by Florida Statutes. It is the intention of the County to entE into a non-monetary retaining agreement with the successful proposer and all fees earned by the proposer will be in accordance with Florida Statute 9 626.854. The Proposer is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, professional license requirements and regulations that in any manner affect the work. Knowledge of occupational license requirements and obtaining such licenses for Monroe County and municipalities within Monroe County are the responsibility of the Proposer. 12. PREPARATION OF RESPONSES Signature of the Proposer: The Proposer must sign the response forms in the space provided for the signature. If the Proposer is an individual, the words "doing business as ", or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words "Member of the Firm" should be written beneath such signature. If the Proposer is a corporation, the title of the officer signing the Response on behalf of the corporation must be II of 44 stated along with the Corporation Seal Stamp and evidence of his authority to sign the Response must be submitted. The Proposer shall state in the response the name and address of each person having an interest in the submitting entity. 13. MODI FICA TION OF RESPONSES Written modification will be accepted from Proposers if addressed to the entity and address indicated in the Notice of Request for Proposals and received prior to Proposal due date and time. Modifications must be submitted in a sealed envelope clearly marked on the outside, with the Proposers name and "Modification to Proposal- Monroe County Proposal for Insurance Adjusting Claims Services." If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Request for Proposals. Faxed or e-mailed modifications shall be automatically rejected. 14. RESPONSIBILITY FOR RESPONSE The Proposer is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. 15. RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened. Proposers names shall be read aloud at the appointed time and place stated in the Notice of Request for Proposals. Monroe County's representative authorized to open the responses will decide when the specified time has arrived and no responses received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. Proposers or their authorized agents are invited to be present. 16. DETERMINATION OF SUCCESSFUL PROPOSER The contract shall be awarded based on the following criteria: The successful proposer will be selected based on the criteria. . The availability of licensed adjusters . Experience in providing insurance adjusting services with empathies placed on services provided to governmental entities. . Recommendations from prior clients. . Familiarity with Monroe County operations. . Ability to provide services when requested by the County. . Geographical location of adjusters assigned to provide service to the County. . Pricing expressed as a percentage of recoveries from insurers arranged by the proposer The maximum fee that will be considered by the County are those expressed in Florida Statute ~ 626.854 (11 )(b). . Ability to provide services listed. . Experience with similar projects. . Qualifications of staff. 12 of 44 . Price. The County reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the County. Responses that contain modifications that are incomplete, unbalanced, conditional, obscure, or that contain additions not requested or irregularities of any kind, or that do not comply in every respect with the Instruction to Proposer, may be rejected at the option of the County. 17. AWARD OF CONTRACT A. The County reserves the right to award separate contracts for the services based on geographic area or other criteria, and to waive any informality in any response, or to re-advertise for all or part of the work contemplated. B. The County also reserves the right to reject the response of a Proposer who has previously failed to perform properly or to complete contracts of a similar nature on time. C. The recommendation of staff shall be presented to the Board of County Commissioners of Monroe County, Florida, for final selection and award of contract. 18. CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS The Proposer shall be responsible for all necessary insurance coverage as indicated below. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of contract, with Monroe County BaCC listed as additional insured as indicated. If the proper insurance forms are not received within the fifteen (15) day period, the contract may be awarded to the next selected Proposer. Policies shall be written by companies licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. Companies shall have an A.M. Best rating of VI or better, The required insurance shall be maintained at all times while Proposer is providing service to County. Worker's Compensation Statutory limits Employers' Liability Insurance Bodily Injury by Accident $100,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee $100,000 13 of 44 General Liability, including Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage $500,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $250,000 per person $500,000 per occurrence $50,000 property damage Vehicle Liability (Owned, non-owned and hired vehicles) $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $100,000 per person $300,000 per occurrence $50,000 property damage Professional Liability $250,000 per Occurrence $500,000 Aggregate Monroe County shall be named as an Additional Insured on the General Liability and Vehicle Liability policies. 19. INDEMNIFICATION The Proposer to whom a contract is awarded shall defend, indemnify and hold harmless the County as outlined below. The Proposer covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Proposer or any of its Subcontractor(s), occasioned by the negligence, errors, or other wrongful act or omission of the Proposer, its SUbcontractor(s), their officers, employees, servants or agents. 14 of 44 In the event that the service is delayed or suspended as a result of the ProposerNendor1s failure to purchase or maintain the required insurance, the Vendor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Proposer is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 20. EXECUTION OF CONTRACT The Proposer will be required to execute a contract with the County for the services provided for in this AFP. The Proposer with whom a contract is negotiated shall be required to return to the County four (4) executed counterparts of the prescribed Contract together with the required certificates of insurance. 15 of 44 SECTION TWO: SAMPLE AGREEMENT AGREEMENT These contract documents should be used only after consultation with counsel. The documents are not intended as legal advice appropriate to any specific situation, nor do they purport to address all issues which may arise between the contracting parties. The documents should be amended or supplemented where appropriate. MONROE COUNTY CONTRACT FOR INSURANCE ADJUSTERS THIS AGREEMENT is made and entered into this day of , by MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and ("CONTRACTOR"), whose address is Section 1. SCOPE OF SERVICES CONTRACTOR shall do, perform and carry out in a professional and proper manner certain duties as described in the Scope of Services - Exhibit A - which is attached hereto and made a part of this agreement. --- CONTRACTOR shall provide the scope of services in Exhibit A for COUNTY. CONTRACTOR warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these Agreement documents. The CONTRACTOR shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Contractor shall provide services using the following standards, as a minimum requirement: A. The CONTRACTOR shall maintain adequate staffing levels to provide the services required under the Agreement resulting from this RFP process. B. The personnel shall not be employees of or have any contractual relationship with the County. To the extent that Contractor uses subcontractors or independent contractors, this Agreement specifically requires that subcontractors and independent contractors shall not be an employee of or have any contractual relationship with County. C. All personnel engaged in performing services under this Agreement shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. Section 2. COUNTY'S RESPONSIBILITIES 2.1 Provide a schedule that is mutually agreeable to the COUNTY and CONTRACTOR. 16 of 44 Section 3. TERM OF AGREEMENT 3.1 The initial Agreement term will be for one (1) year beginning the _ day of , 2009 and renewable at the County's option for two (2) additional consecutive one year terms. 3.2 The terms of this Agreement shall be from the effective date hereof and continue for a period of one year. This Agreement shall be automatically renewed for successive one-year periods until either party gives the other notice of cancellation in accordance with the terms set forth below. If either party desires to modify or terminate this Agreement, it shall notify the other in writing at least thirty (30) days prior to the effective date of such modification or termination. In the case of proposed modification the party receiving the notification of the proposed modification shall itself notify the other party within ten (10) days after receipt of notice of its agreement to the proposed modification. Failure to do so shall terminate this Agreement. Section 5. PAYMENT TO CONTRACTOR 5.1 Payment will be made according to the Florida Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the Clerk of Courts for Monroe County (Clerk). The request must describe in detail the services performed and the payment amount requested. The respective office supervisor and the Director of Employee Services, who will review the request, note his/her approval on the request and forward it to the Clerk for payment. 5.2 Continuation of this Agreement is contingent upon annual appropriation by Monroe County. The terms of this Agreement shall be from the effective date hereof and continue for a period of one year. This Agreement shall be automatically renewed for successive one-year periods until either party gives the other notice of cancellation in accordance with the terms set forth below. If either party desires to modify or terminate this Agreement, it shall notify the other in writing at least thirty (30) days prior to the effective date of such modification or termination. In the case of proposed modification the party receiving the notification of the proposed modification shall itself notify the other party within ten (10) days after receipt of notice of its agreement to the proposed modification. Failure to do so shall terminate this Agreement as of the end of the Employer's Plan Year. Section 6. CONTRACT TERMINATION Either party may terminate this Agreement because of the failure of the other party to perform its obligations under the Agreement. COUNTY may terminate this Agreement with or without cause upon sixty (60) days notice to the CONTRACTOR. COUNTY shall pay CONTRACTOR for work performed through the date of termination. Section 7. CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. CONTRACTOR hereby agrees that he has carefully examined the RFP, his response, and this Agreement and has made a determination that he/she has the personnel, 17 of 44 equipment, and other requirements suitable to perform this work and assumes full responsibility therefore. The provisions of the Agreement shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by CONTRACTOR, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Agreement be more strongly construed against COUNTY than against CONTRACTOR. B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by COUNTY, and its decision shall be final and binding upon all parties. C. The passing, approval, and/or acceptance by COUNTY of any of the services furnished by CONTRACTOR shall not operate as a waiver by COUNTY of strict compliance with the terms of this Agreement, and specifications covering the services. D. CONTRACTOR agrees that County Administrator or his designated representatives may visit CONTRACTOR'S facility (ies) periodically to conduct random evaluations of services during CONTRACTOR'S normal business hours. E. CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to COUNTY upon request. Section 8. NOTICES Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: To the COUNTY: Risk Management Administrator 1100 Simonton Street, Suite 2-268 Key West, Florida 33040 To the CONTRACTOR: Section 9. RECORDS CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the agreement and for five years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Section 55.03 of the Florida Statutes, running from the date the monies were paid to CONTRACTOR. 18 of 44 Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-1990 The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this agreement without liability and may also, in its discretion, deduct ! from the agreement or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. Section 11. CONVICTED VENDOR By signing this agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a Agreement with a public entity for the construction or repair of a public building or public work, may not perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under Agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for the Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Section 12. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Section 13. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 19 of 44 Section 14. ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non-prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of I Monroe County. I Section 15. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. Section 16. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement shall not be subject to arbitration. Section 18. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 19. NONDISCRIMINATION COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY or CONTRACTOR agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis 20 of 44 of race, color or national origin; Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 20. COVENANT OF NO INTEREST COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Section 21. CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 22. NO SOLICITATION/PAYMENT The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Section 23. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its 21 of 44 control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. Section 24. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. Section 25. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. Section 26. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Section 27. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 22 of 44 Section 28. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including, but not being limited to, a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement, Lobbying and Conflict of Interest Clause, and Non- Collusion Agreement. Section 29. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 30. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Section 31. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Section 32. INSURANCE POLICIES 32.1 General Insurance Requirements for Other Contractors and Subcontractors. As a pre-requisite of the work governed, the CONTRACTOR shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The CONTRACTOR will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may require all Subcontractors to obtain insurance consistent with the attached schedules; however CONTRACTOR is solely responsible to ensure that said insurance is obtained and shall submit proof of insurance to COUNTY. Failure to provide proof of insurance shall be grounds for termination of this Agreement. The CONTRACTOR will not be permitted to commence work governed by this contract until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the CONTRACTOR's failure to provide satisfactory evidence. 23 of 44 The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced and/or termination of this Agreement and for damages to the ! COUNTY. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONTRACTOR's failure to maintain the required insurance. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: . Certificate of Insurance or . A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance pOlicies required by this contract. All insurance pOlicies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. 32.2 Insurance Requirements For Contract Between County And Contractor (Note: amounts of coverage are subject to change in final contract) Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: . Premises Operations . Bodily Injury Liability . Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. 24 of 44 The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 32.3 Vehicle liability Insurance requirements Recognizing that the work governed by this contract requires the use of vehicles, the CONTRACTOR, prior to the commencement of work, shall obtain Vehicle liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: . Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 32.4 Workers' Compensation Insurance Requirements Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 25 of 44 32.5 Professional Liability Requirements Recognizing that the work governed by this contract involves the furnishing of advise or services of a professional nature, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $250,000 per occurrence/$500,000 Aggregate Section 33. INDEMNIFICATION The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and the Employees, and any other agents, individually and collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorneys fees, or liability of any kind arising out of the sole negligent actions of the CONTRACTOR or substantial and unnecessary delay caused by the willful nonperformance of the CONTRACTOR and shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of its performance of this contract. The amount and type of insurance coverage requirements set forth hereunder shall in no way be construed as limiting the scope of indemnity set forth in this paragraph. Further the CONTRACTOR agrees to defend and pay all legal costs attendant to acts attributable to the sole negligent act of the CONTRACTOR. At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent contractor the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi-public agencies. The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in this contract. Such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time for a reasonable period for the 26 of 44 CONTRACTOR to complete the work schedule. Such an agreement shall be made between the parties. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day of 200_. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By by Deputy Clerk Mayor/Chairman (CORPORA TE SEAL) (Name of Contractor) ATTEST: By by Title: 27 of 44 SECTION THREE: COUNTY FORMS AND INSURANCE FORMS [This page intentionally left blank, with forms to follow.] 28 of 44 RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Purchasing Department GATO BUILDING, ROOM 1-213 I 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No. (s) I have included . Response Form . Lobbying and Conflict of Interest Clause . Non-Collusion Affidavit . Drug Free Workplace Form . Public Entity Crime Statement . Monroe County occupational license and relevant City occupational licenses are required to be obtained within ten days of award of the contract I have included a current copy of the following professional and occupational licenses: - (Check mark items above. as reminder that they are included) Mailing Address: Telephone: Fax: Date: Signed: Witness: (Print Name) (Title) STATE OF: COUNTY OF: 29 of 44 Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of I identification) as identification. NOTARY PUBLIC My Commission Expires: 30 of 44 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE " " (Company) ".. .warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: 31 of 44 NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that 1. lam of the firm of the bidder making the Proposal for the project described in the Request for Proposals for and that I executed the said proposal with full authority to do so; 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature) Date: STATE OF: COUNTY OF: 32 of 44 Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: 33 of 44 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (Signature) Date: STATE OF: COUNTY OF: 34 of 44 Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: 35 of 44 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CA TEGORY TWO for a period of 36 months fro the date of being placed on the convicted vendor list." I have read the above and state that neither (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: 36 of 44 MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless For Other Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 37 of 44 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. 38 of 44 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: . Premises Operations . Products and Completed Operations . Blanket Contractual Liability . Personal Injury Liability . Expanded Definition of Property Damage The minimum limits acceptable shall be: $500,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $250,000 per Person $500,000 per Occurrence $50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 39 of 44 VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: . Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all poliCies issued to satisfy the above requirements. 40 of 44 PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Contractor, shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $250,000 per occurrence/$500,000 aggregate 41 of 44 MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential, and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: . The County as being named as an Additional Insured - If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has been granted the authority to waive this provision. and . The Indemnification and Hold Harmless provisions Waivina of insurance provisions could expose the County to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver of Insurance Requirement form should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny this Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision-making authority. 42 of 44 MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Contractor: Contract for: Address of Contractor: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Contractor: Approved Not Approved Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: 43 of 44 PROPOSER SIGNATURE 44 of 44 EXHIBIT A To AGREEMENT BETWEEN MONROE COUNTY AND GOODMAN-GABLE-GOULD COMPANY dba ADJlJSTERS INTERNATIONAL AI's ("Adjuster") objective is to support Monroe County Florida ("Assured") in the entire claim process, with the goal of achieving the maximum insurance recovery as promptly as possible. Using a team approach, we will assemble the professionals best suited to accomplish this goal. AI will prepare all claims for submission and coordinate all supporting documentation. AI will work directly with you and your staff in the development of these claims for presentation to the carrier. Specific areas AT will address: Property Damage Claim I) Investigate and analyze all property damage claims assigned to them by the County. 2) Prepare a concise, well-documented replacement cost estimate on the buildings and determine ACV if applicable. 3) Evaluate "codes upgrade" coverage, if it applies 4) Investigate and analyze all property damage to the contents, including furniture. fixtures, machinery, equipml'nt, computer systems, etc. 5) Prepare a concise. well-documented property claim Present and support the claim through settlement Business Interruption Claim I ) Advise management of how to capture and develop loss information, i.e. track impact of loss 2) Determine period of suspension 3) Evaluate discontinued (saved) expenses 4) Determine expediting expenses; expenses related to reducing the loss 5) Prepare financial projections and "what if' scenarios 6) Prepare business interruption valuation report. Provide total business interruption claim management to ensure integration with the property and extra expense portions of the claim 7) Prepare and support the claim through settlement Extra Expense Claim I ) Advise management on identification of extra expense losses 2) Coordinate tracking of extra expense items 3) Determine excess over normal expenses 4) Determine period of indemnity 5) Integrate the extra expense claim with the property damage and business interruption claim 6) Present and support the claim through settlement II General ! ) Review all insurance policies in order to identify your rights and obligations under those policies. 2) Review any and all pre-loss appraisals and estimates that could affect the claim 3) Evaluate the procedures being followed, to mitigate damages and implement emergency repairs 4) Coordinate and integrate all areas of the claim effort with on-going operations and the overall recovery process 5) Coordinate the necessary "expert reports" to support and assemble the claim 6) Assist in the coordinate of advance payment from the insurance company 7) Coordinate all inspections and meetings with the insurance company representatives, including their "outside experts" 8) Provide regular status reports 9) Review all claim data with you, prior to providing such material to the insurance company and their representatives 10) Provide the assistance required to support all claims presented 11) Conduct and/or participate in all settlement discussions with the insurance company 12) We will hold in strictest confidence, all information relating to your claims and business operation 13) Our overall goal is to expedite the best possible recovery We would like to stress that our intention is to provide professional assistance to you from an advocacy position, in order to document, support, expedite and insure the best possible claim recovery. After property damage loss incidents affecting Monroe County, when the County, at its sole and unfettered di5Cretion, decides to prepare and present a claim, the Adjuster is authorized to, and will, prepare all necessary estimates and other applicable and/or required instruments to comply with the provisions of the insurance policies concerned on behalf of the Assured. The Assured will compensate the Adjuster upon receiving proceeds as a result of a loss settlement. The Assured agrees to pay the said Adjuster for its services, a fee of seven percent (7%) of the gross amount adjusted or otherwise recovered as a result of said claim or claims that resolve for an amount equal to $500,000.00 or less, eight and one-half percent (8.5%) of the gross amount adjusted or otherwise recovered as a results of said claim or claims on claims that resolve for an amount from $500.000.00 to $1,000,000.00 and ten percent (l0%) of the gross amount adjusted or otherwise recovered as a results of said claim or claims on claims that resolve for an amount in excess of $1 ,000,000.00. The Adjuster agrees to pay for all expenses incurred by the Adjuster, in securing estimates, expert opinions, and for all other expenses incurred by the Adjuster incident to the adjustments, except for those costs associated with and for the hiring of legal counsel. 12 Should such costs ever be applicable. Counsel will not be retained (0 work on any such loss incident by (he Adjuster without the e:r.press consent of The Assured. The Adjuster hereby agrees to render the said services for the compensation above specified [t is agreed that all adjustments shall be made and concluded only With the consent of the Assured. This Agreement contallls the entire contract between the parties, and no modification or waiver of any of the tenns hereof shall be valid unless in writing, and endorsed herein, and signed by all parties. This Agreement shall be binding upon the parties hereto their personal representatives. assigns and successors in interest. COUNTY Representative IJ EXHIBIT B (4 pages) GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND GOODMAN-GABLE-GOULD COMPANY Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: . Premises Operations . Products and Completed Operations . Blanket Contractual Liability . Personal Injury Liability . Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Page 1 of 4 EXHIBIT B (4 pages) VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND GOODMAN-GABLE-GOULD COMPANY Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance, Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: . Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per OcculTence $ 50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements, Page 2 of 4 EXHIBIT B (4 pages) WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND GOODMAN-GABLE-GOULD COMPANY Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440, In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disea~e, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Contractor's status, The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required, In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County c Page 3 of 4 EXHIBIT B (4 pages) PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND GOODMAN-GABLE-GOULD COMPANY Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $500,000 per Occurrence/$l ,000,000 Aggregate Page 4 of 4 ~ ~ (C' '~;\ G0,V --- -y ~ u-- ... ... .... .... ... ... PROPOSAL FOR INSURANCE ... ... ADJUSTING CLAIM SERVICES ... ... ... ... .... ... ... ... ... ... .. .. .. Claim Solvers, LLC .. 7551 Wiles Road, Suite 202 ... Coral Springs, FL 33067 .. Tel. 954-302-8800 .... Fax 954-302-8801 -8 Paul Berger, Managing Adjuster ... Paul@claimsolvers.com .. . Claim Solvers- .. ... .. .. .. .. .. .... ... .. .. 118 1.0 Executive Summary Claim Solvers is Florida's premier public adjusting firm and the fastest growing public adjusting firm in the United States. Our focus is maximizing and expediting our clients' financial recovery from insurance claims. Our team of expert adjusters has recovered tens of millions of dollars in insurance proceeds for all types of disasters, including hurricanes, floods, and tornados. What makes Claim Solvers unique is our highly qualified adjusting team and our approach to claims management. Claim Solvers was founded by Paul Berger, a leader in the field of hurricane law in Florida. Mr. Berger is a staunch advocate for consumer rights and insurance ~ recovery and he has been featured in the Key West Citizen, Miami Herald, Palm Beach Post and on all major television networks. In addition to Mr. Berger, four other Claim Solvers adjusters ,.. are also licensed attorneys, and while we do not practice law, we believe that this knowledge and ... experience greatly assists our clients. In total, Claim Solvers employs more than a dozen ... llCensed Florida Public Adjusters, Including one adjuster who resides in Key West. Claim Solvers also employs a Disaster Response Team, which is a team of first responders who are ... specially equipped to respond to a catastrophic loss. In addition to our team of adjusters, Mr. ... George Haddow serves as a special advisor to the firm. Mr. Haddow was appointed by President ... Clinton to serve as the Deputy Chief of Staff to James Lee Witt during his tenure as Director of the U.S, Federal Emergency Management Agency (FEMA). At FEMA, Mr. Haddow was ... responsible for policy formulation in the areas of disaster response and recovery, public/private .... partnerships, public information, environmental protection and disaster mitigation. Mr. Haddow ... has managed the development of FEMA compliant community hazard mitigation plans for ... Madison, Mitchell and Clay counties in North Carolina, .... Claim Solvers unique approach to claim management will begin with an initial policy analysis ... and review of all structures insured by Monroe County, Claim Solvers will do a pre-claim field ... assessment of every building and create a digital insurance archive using our patent-pending Insurance Vault@ system. This means that Monroe County will have a digital archive of each ... building that includes detailed photos of the interior and exterior of each structure, This archive ... is stored electronically and can be securely accessed via the internet from a remote location. ... After a catastrophic loss, Claim Solvers will deploy its Disaster Response Team (usually within .. 24 hours of the event) to Monroe County to conduct its initial inspection of all buildings and .. document the loss. Following this assessment, a team of Claim Solvers adjusters will deploy to .. further document loss and create a damage estimate. Every Claim Solvers adjuster is equipped .. with a tablet computer and the latest version ofXactimate 25 from Xactware. Xactimate is the industry standard estimating software (Citizens Property Insurance Corporation requires it use in .. Florida) and we will create detailed damage estimates for each loss that are submitted to the .. insurance provider. In addition, each adjuster is equipped with the latest in digital photographic .. and video equipment to document the loss. Claim Solvers also maintains a relationship with Pictometry, to provide us with digital oblique aerial imaging, measuring software and geospatial ..... technologies. -8 ~ All of Claim Solvers services are provided on a contingency fee basis. Our fee for services is four percent (4%) of the amount ofloss adjusted by Claim Solvers. ~ .... .... ... ... .. .. .. .. lit .. 2.0 Relevant Experience . Claim Solvers was formed in March 2007 in response to the overwhelming demand by .- individuals and small businesses for assistance with their 2004/2005 hurricane insurance claims. Since our formation, Claim Solvers adjusters have recovered millions of dollars in underpaid . insurance claims. Our clients range from condominium and homeowners associations to small .. business owners and individual homeowners. I Claim Solvers specialty is hurricane recovery, both windstorm and flood. Our adjusters in .. Florida have successfully handled hundreds of hurricane claims. Claim Solvers represents I several of the largest condominium and homeowners associations in South Florida and we - believe that our adjusters have handled as many Citizens Property Insurance Corp. claims as any .. other firm in the State, Our experience with these clients includes: .. . Reviewing policies to determine coverage and available policy limits It . Investigate and assess insured damage to determine causation (wind v. flood) It . Review contractor estimates and damage evaluations . Documentation of hurricane damage by video /photographic means It . Preparation of concise by coverage damage estimate of insured loss using Xactimate It . Evaluation of the Florida Building Code and its impact on claim, including additional .. coverages that may be available under law and ordinance provisions of policy . . Inspection of insured property with carrier's adjusters . . Negotiation of settlement with carrier . Representation of client at hurricane mediations established by the Florida Department of .. Financial Services . . Appraisal of claims 9 Our Houston, Texas office was formed in response to Hurricane Ike. We are presently adjusting . hundreds of Hurricane Ike claims in Texas for both flood and wind claims. All of our Texas .. adjusters are also licensed public adjusters in the State of Florida. In addition, the manager of " our Texas office is a former FEMA flood adjuster and is NFIP certified. . Claim Solvers is presently working with several of our larger clients to prepare for the 2009 I) hurricane season. This preparation includes creating a digital insurance archives using our t Insurance Vault@ technology and reviewing policy coverage. It In addition to our team of licensed Florida Public Adjusters, the company will also employ the .. services of George Haddow as a special consultant to the firm. Mr. Haddow has managed the . development of FEMA compliant community hazard mitigation plans for Madison, Mitchell and , Clay counties in North Carolina. He has worked on homeland security and emergency . management projects with the Federal Emergency Management Agency (FEMA), the . Corporation for National and Community Service, the Humane Society of the United States, The . World Bank, the Global Partnership for Preparedness, among others. . ~ . . Claim Solvers is a licensed Florida limited liability company and we are qualified as an appointing entity by the Florida Department of Financial Services. ..- .... ... ...- ... .... .... .. ... .... ... ... .... ... .... .... .... .... ... ..- .. ..- ... .. .... .. .... .... .- .,. ",. f1Il!/t ..,. ... ",. f1/IIt fI/IIt f/I1t 3.0 Past Performance on Similar Projects Villas of Las Olas 1701- 172 I E Las Olas Boulevard Ft Lauderdale, FL 3330 I David Fitzer 954-522-0412 December 26, 2007 - Initiated Hurricane Wilma Claim Claim Settled March 12, 2008. Several hundred thousand dollars recovered after denied by ~ Citizens Property Insurance Co. .... ... SE Property Management ... 2433 NW 87 Drive Coral Springs, FL 33065 .... John Chiarenza .... 954-980-6597 ...... June 18, 2008 - Initiated Hurricane Claim July 18, 2008 - Carrier agreed to tender full value for roof replacement after claim deniaL ..... -- .. Royal Flamingo Villas 1225 Hillsboro Mile .. Hillsboro Beach, FL 33062 ...- Janice O'Boyle ~ 954-427-0669 ~ August 25, 2008 - Initiated Hurricane Claim March 5, 2009 - Citizens tendered undisputed amount and presently in appraisal on more than ... $500,000 in damages initial denied by Citizens. II@' rift The Landings at Aberdeen ... 5510-5750 Parkwalk Circle East .- Boynton Beach, FL 33472 .. Bernard T odrin 561-735-4109 .. November 8,2008 - Initiated Claim - Presently in appraisal with State Farm Insurance . Company on more than $2,000,000 in damages initially denied by State Farm. . . . . . . . . .. .. ... ... .. .- - 4.0 Project Approach At Claim Solvers, our job is to represent the interest of Monroe County and help expedite and ;fA maximize insurance recovery. Claim Solvers will navigate the flood of claim papef\Vork and the .. complicated claim recovery process for the County. In order to accelerate the claim process, we .. will approach the Monroe County project in two parts (Pre-loss / Post loss) as described below. ... The Company organizes the claims process into these two parts as we have found that our pre- loss efforts will facilitate the claims process, while maximizing recovery. .. .. All of Claim Solvers services are provided on a contingency fee basis. Our fee for services is .. four percent (4%) of the amount of loss adjusted by Claim Solvers. ... Pre-Loss: .. .. Phase 1: Policy review, assessment & digital storage: The first phase is to request the appropriate certified policies currently in place by Monroe County, review each policy, and scan .. and store them electronically online. The goal of Phase 1 is to provide Claim Solvers with a ... better understanding of the insurance policies currently in place and to expedite claim recovery .. in the event of a loss. Phase 1 review shall be conducted by Paul Berger and/or Debbie Friedman, ... ... Phase 2: Creation of an Insurance Vault@ Archive: The next phase will create a .. digital insurance archive of all insured structures and content items. Using our proprietary !It> Insurance Vault@ digital archiving system (see www.insurancevault.com for more information and working demonstration), we will create a digital record of Monroe County's structures and .. insured contents. In order to create this record, we will measure and photograph all insured .- structures. These measurements and photos are then placed into our Insurance Vault@ system .. and stored in redundant locations online. The State of Florida, the U.S. Government and nearly every disaster recovery organization recommend that both individuals and businesses create .. insurance archives. Claim Solvers will create this archive for Monroe County. Monroe .. County's insurance archive will be created by Cindy Lou Thor. It is estimated that this is a 10- .. 12 week project to create this archive, .. Post Loss: .. .. Phase 1: Initial Assessment. Following a catastrophic loss, Claim Solvers Disaster .. Response Team will deploy to Monroe County to conduct an initial loss assessment. This team, which includes Paul Berger, Michael Virkaitis, David Gidley, Cindy Lou Thor and Greg .. Muehlberger will conduct an initial evaluation of all Monroe County buildings for windstorm / .. flood damages. Claim Solvers maintains two specially equipped GMC Sierra trucks that can be .. deployed in case of an event into Monroe County. These trucks can deploy with portable generators, gas, 28' ladders, and video and photographic equipment. Our team can be in Monroe .. County within 24 hours of a catastrophic event and the vehicles are maintained in BrO\vard III County (est. 75 miles from Monroe County). III . . . . . Phase 2: Opening of Claim. The Claim Solvers team will also notify the appropriate carrier by voice, fax and U.S. Certified Mail of the need to establish a claim. Claim Solvers will obtain the appropriate claim number(s) from the carrier for the loss. Phase 3: Loss Evaluation. After the initial assessment is completed, Claim Solvers will deploy a team of adjusters to prepare a concise loss estimate (both ACV RCV) for each structure that is damaged and for all covered contents (Coverage C). In order to complete this estimate, each building will be inspected, measured and photographed. A line item estimate will be -- prepared in Xactimate that will show both the ACV and RCV loss values. In creating this estimate, the Florida Building Code will be reviewed for its impact on building repair. Any ... increased cost of compliance with the Florida Building Code will be addressed in the Claim ... Solvers estimate. Depending on the scope of damages, up to twelve licensed Florida public ... adjusters will be deployed to Monroe County to create these loss estimates. This estimating process should take between 15-30 days following the loss (estimating time may vary depending ... upon the level of catastrophic event), ... .... Upon completion of the loss estimates, each estimate will be reviewed with the appropriate personnel of Monroe County prior to submission of the estimate. Any changes ..- recommended by the County will be incorporated into the estimate prior to submission to the .. carner. - Phase 4: Carrier Inspection(s): Claim Solvers will coordinate and arrange the ..- inspection of the property with the insurance carrier. This inspection process will be lead by .... Paul Berger or Michael Virkaitis. Each damaged property will be inspected with the carrier and .. Claim Solvers will review our damage estimate with the carrier's adjuster(s). Our goal in the .. inspection process is to reach resolution of the scope of the covered loss with the carrier's adjusters, .. .. Phase 5: Negotiation of Settlement: Claim Solvers will negotiate on behalf of the .. County with the carrier to settle the loss. Negotiations will be lead by Paul Berger and Guy Gilbert, Claim Solvers will not accept any settlement offer on behalf of the County, and all ". settlement offers will need to be specifically approved by the County. ". ~ Phase 6: Appraisal. In the event that the County and the carrier are unable to reach a settlement that is acceptable to Monroe County, Claim Solvers may elect appraisal on behalf of .. the County. Appraisal is a contractual remedy to establish the valuation of the loss. Michael ... Virkaitis, Paul Berger, Cindy Lou Thor or David Gidley will be appointed as appraiser on behalf ~ of the County. .. .. . . . . . . . .. -- .....- ...- 5.0 Staffing and Qualifications of Key Personnel .... Claim Solvers, LLC is a Florida Limited Liability Company (LLC). The Company is owned by ...- Paul Berger, who serves as its Managing ~1ember. Claim Solvers corporate headquarters is in - Coral Springs, FL. Claim Solvers maintains an office in Houston, TX and is presently opening ..- an additional office in Washington, D.C. Claim Solvers maintains one adjuster (Cindy Lou Thor), who resides in Key West and is a Monroe County Resident. Claim Solvers is a qualified .. appointing firm with the Florida Department of Financial Services, .. ... Unlike many public adjusting firms, all Claim Solvers adjusters are employees of the firm, not ... independent contractors. This structure allows us to maintain the highest quality of service for our clients. ... .. Claim Solvers Florida adjusting team is comprised of the adjusters listed below. Each adjuster is ... bonded and licensed by the State of Florida. Unless otherwise noted, the adjuster is based in our Coral Springs headquarters, ... ... Paul Berger, Managing Member, Paul is the founder and owner of Claim Solvers. Prior to ... establishing Claim Solvers, Paul was the Managing Attorney of the Hurricane Law Group, a firm that exclusively represents policyholders in first party hurricane claims (Mr. Berger is presently .... the Managing Attorney at the firm), Mr. Berger is widely recognized as an expert in hurricane .... claims and insurance recovery and he has been featured in most Florida newspapers and all .,. major television networks, Paul's specialties are damage assessments from hurricanes and large loss damage evaluations. Paul has handled hundreds of hurricane claims, and has helped his .... clients receive millions of dollars in additional insurance proceeds. Paul is a graduate of the .- University of Miami School of Law, Member of the Florida Bar and Member of the Florida ... Association of Public Insurance Adjusters and the Windstorm Network. Paul is also on the ..- Board of Director of the U,S. Emergency Operations Center, Inc., a company dedicated to developing the latest in disaster preparation and recovery technology. Paul is a licensed public IIfI' adjuster in Florida, Texas, Georgia and South Carolina. I@I' ~ Guy Gilbert, Esq. - Adjuster. Guy has more than twelve years experience representing policyholders in insurance related matters. As an attorney and an adjuster, he has recovered tens ... of millions of dollars from insurance carriers. Guy is an expert in the Florida Building Code and I@' its impact on insurance claims. Guy is a graduate of Emory University and the Stetson University fA College of Law. He is a member of the Florida Bar and a licensed public adjuster in Florida. . David Gidley, Esq. - Adjuster. David has a diverse experience in law, corporate management, .. and business consulting. David is currently in charge of expanding Claim Solvers operations into l@iI' the Mid-Atlantic region and will be opening a Washington, D.C. office later this year. David is (i' also in charge of government affairs and monitors national insurance legislation for Claim Solvers. David is a licensed public adjuster in Florida and Texas. @' @' Cindy Lou Thor - Adjuster. Cindy Lou is a Monroe County resident and licensed Florida .. Public Adjuster. She has worked Key West residential claims and also served as an emergency adjuster in Texas and Louisiana during Hurricanes Ike and Gustav, where she adjusted more than . 125 \vindstorm claims. She has a background in mechanical engineering and spent four years iI' .. . ... ,. ". ". ... working for the U.S. Navy in the Naval Sea Systems Command Division as a civilian engineer .. and afterwards worked as a mechanical engineer in the private sector working for multiple .. nuclear generating stations. ..- Nicole Freedlander - Adjuster. Nicole has distinguished herselfby devoting 13 years to .- helping Floridians pursue settlements and judgments against insurance companies and their .- policyholders. She has handled a broad array of cases including windstorm and hurricane claims, .- unsafe premises, medical malpractice, defective products, and negligent security. She has tried .. numerous cases throughout Florida with successful results including several settlements in excess of a million dollars, Nicole recently expanded her practice by becoming a licensed Florida .- Public Adjuster. She is a graduate of the University of Miami Law School and is a Member of ... the Florida Bar. ... Michael Virkaitis - Adjuster. Michael has a diverse background in insurance and real estate. A ... long time Coral Springs resident, Michael has helped hundreds of Broward County residents .- resolve their insurance claim problems. Michael's specialty is tile roof damage evaluation and he ~ has recovered millions of dollars in underpaid tile roof claims. Michael is a licensed public .- adjuster in Florida, Georgia and Texas. ... Adam Schild - Adjuster & Sales Manager. Adam joined Claim Solvers to oversee our .. growing client services team. Adam has worked in a variety of industries including ... manufacturing, health sciences and financial service sectors. Prior to joining Claim Solvers he worked at eTrade, American Dermpath and served as Chief Operating Officer of the Cigarette .. Racing Team. Adam is a licensed public adjuster in Florida, Georgia and Texas, .... .. Steve Friedman - Adjuster. Steve has more than 40 years business experience, including more than 25 years in the furniture and interior furnishings sector. Steve brings his unique talents and .. understanding of the home furnishings industry to Claim Solvers to assist our clients in complex ... contents claims, He is a licensed public adjuster in Florida and Texas, ... Jonathan Staenberg - Adjuster & CIO. Jon is responsible for keeping Claim Solvers on the ... cutting edge of technology and developing technology initiatives for the Company. During the ... last eight years, he has been engaged in business planning, business development and fundraising ... for a variety of Silicon Valley and Seattle-based technology startups. Jon began his technology ..,. career at Microsoft, where he worked for six years. Jon serves on the boards of Class.com, U.S. Emergency Operations Center and Micropath, and is on the advisory boards of New Vine ... Logistics, Vista Broadband, Prime Advantage, Time Domain, Atlantes.com, OneName, .. SYl1cronex, and uReach.com. Jon graduated Phi Beta Kappa from Stanford University, where .. he received his B.S., M.A., and M.B.A. He is a licensed public adjuster in Florida and Texas. .. Debbie Friedman - Adjuster. Debbie is in charge of the Claim Solvers Coral Springs office. .. Her goal is to ensure that all of our South Florida clients have an easy transaction and receive the .. best customer care. She is a licensed public adjuster in Florida and Texas. ". Tiffany Welch - Adjuster. Tiffany is in charge of North Florida operations and is based in .. Orlando, FI. Tiffany has more than 15 years of experience handling insurance claims ,- ,- ,. ,. .. .- .. .- administration and has served as a litigation paralegal for numerous law firms in Texas. She acts lilt as an adjuster and appraiser for Claim Solvers claims in the Orlando area and is a licensed public . adj uster. .. .. J. Gregory Muehlberger - Adjuster. Greg has been acting as an adjuster on Catastrophe claims for nearly a decade. Greg worked as independent field adjuster in hale, hurricane, wind, .. and flood catastrophes, residential and commercial losses. He has successfully handled and .- completed 600 claims in four month period. Greg lead the Companies expansion into Texas and .. oversees our Houston office. He is State Farm Certified, LJSAA Certified, Zurich Dedicated .. Adjuster, TWIA Designated Adjuster, NFIP Certified and Xactimate Certified Xpert. He is a licensed Public Adjuster in Florida and Texas and National Flood Insurance Program (N,F.I.P.), .- Licensed Adjuster # 09030027, .- .- George Haddow - Special Consultant. George is a Principal in the Washington, DC-based disaster management consulting firm of Bullock & Haddow LLC and is a special consultant for .- Claim Solvers, George is the former Deputy Chief of Staff to James Lee Witt during his tenure .. as Director of the V,S. Federal Emergency Management Agency (FEMA). At FEMA, Mr. .- Haddow was responsible for policy formulation in the areas of disaster response and recovery, public/private partnerships, public information, environmental protection and disaster mitigation, ..- He was one of the principal architects ofFEMA's national disaster mitigation initiative entitled ..- Project Impact: Building Disaster Resistant Communities, ..- George has managed the development of FEMA compliant community hazard mitigation plans . for Madison, Mitchell and Clay counties in North Carolina. He designed and established a -- domestic emergency response capability for Save the Children that included a community-based -- hazard mitigation component. He has worked on homeland security and emergency ...- management projects with the Federal Emergency Management Agency (FEMA), the Corporation for National and Community Service, the Annie E, Casey Foundation, the Humane ~ Society of the United States, The World Bank, the National Fallen Firefighters Foundation and .. the Global Partnership for Preparedness. He is the co-author of two textbooks on disaster -- management, "Introduction to Emergency Management" and "Introduction to Homeland Security" . .... .. ... ~ IIll!' .... ..,. ",. ",. ",. .. .. ""'" - ~ 6.0 Other Information ... Claim Solvers is of the nation's largest and most respected public adjusting firms, specializing in disaster recovery. Our focus is maximizing and expediting our clients' financial recovery from ..... insurance claims. In the event that a Hurricane should impact Monroe County, Claim Solvers .. public adjusters will be there to guide the County through every phase of the insurance claim process. We will act to ensure that the County's claim is processed in a timely manner and paid .. in full. .... ... Our adjusters have recovered tens of millions of dollars in underpaid claims for all types of disasters including hurricanes, floods, tornados, and fires. Claim Solvers adjusters are here to ... provide help, guidance and hope when it's needed most. Our dedicated adjusters understand the ... recovery process, and we have years of experience in delivering results for our clients. ... Why Claim Solvers? ... We believe that Claim Solvers has an unrivaled success rate for our clients, We have helped .- hundreds of Floridians recover the money that was owed to them by their insurance carrier and ... wrongfully denied. The firm maintains a success rate greater than 98% in claim recovery. ... Being headquartered in South Florida, we are all too familiar with hurricane damage. At Claim ...... Solvers, we understand the effects that a hurricane has on a building and the impact of the .... Florida Building Code on the manner in which a structure can be repaired. .... We believe that we have more licensed Florida public adjusters on staff than any other firm in - the State and that our collective experience is unrivaled. In addition, as many of our adjusters ..... are also licensed attorneys, we feel that we bring a different perspective to claims adjustment and .... management. ... ..... ...- ... ..... .... IIfIIl ..... ~ ~ Ilfl llfI' II@' II@' . ~ .... tJ/IIl 7.0 Litigation Litigation Disclosure: (a) Has the Proposer ever failed to complete work or provide the services for which it has contracted? No. (b) Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the Proposer, or its officers or general partners? No. (c) Has the Proposer, within the last five (5) years, been a party to any lawsuit or arbitration with regard to a contract for services, goods or construction services similar to those requested in the RFP? No. (d) Has the Proposer ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? No, I (e) Whether, within the last five (5) years, an officer, general partner, controlling ... .. shareholder or major creditor of the Proposer was an officer, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish ... goods similar to those sought in the request for proposals. No. "",. ..,. .,.. ~ ~ ... .,. "",. "". -ta .,. ~ ~ rtfIr. .,. rJ1fIj ~ ~ ~ rJif!!t ~ ". ~ "" .. . ,. . . 8.0 County Forms County Forms Attached: .. It Submission Response Form It Lobbying and Conflict of Interest Ethics Clause Non-Collusion Affidavit .. Drug Free Workplace Form .. Public Entity Crime Statement .. .. .. .. . . . ... . . - .. .. .- .. .. .- .. .. .. . 't/A -. ... -. ... ... ... ... ... ... ... ... ~ . . . . RESPONSE FORM .. . RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Purchasing Department .. GATO BUILDING, ROOM 1-213 . 1100 SIMONTON STREET .. KEY WEST, FLORIDA 33040 .. I acknowledge receipt of Addenda No. (s) . . I have included {)/Response Form -- VLobbying and Conflict of Interest Clause -- VNon-Collusion Affidavit " .V' Drug Free Workplace Form " JyPublic Entity Crime Statement ~ Monroe County occupational license and relevant " City occupational licenses are required to be " obtained within ten days of award of the contract " I have included a current copy of the following professional and occupational licenses: -- -- - .. (Check mark items above, as reminder that they are included) -- cJ OJ No.. 5() lJ J f'<:> Telephone: ~..- )0) - 6BD6 .. Mailing Address: LLL .. !}Sl Wdl-<:> ~. SK- ;).01 Fax: q <),-{. ~oJ - ~ I } .. Co IU-. \ SPI'(^{)::;>/ r l ~)()~7 Date: '3 I ~() ( c 9 .. . Signed: ~ - Witness: . . Y<M)\ B~ . (Print Name . ^^ (" " O-.,c:~/-) /\J\ eM ~ . (Ti~. STATE OF: /oA..;,j,;f .. / .. COUNTY OF: A,,'"J~,;: L .. .. . . . . 29 of 44 .. . . . . . Subscribed C!nd sworn to (or affirmed) before me on .. /1 ~L ,..3', "" v<~ (name of affiant). He/She is . (date) by I~v/ ' ,If;.- ~"-- . personally known to me ./ . or has produced (type of .. identification) as identification. jRl!f .. NOTARY PUBLIC My Commission ~Pires: .. t/ .3/' 2-c t3 .. ~mTARY PUBUC-STATE OF FLORlDA ..........." Debra Friedman .. (~)CO~ion IDD864168 .............. ExpU'e$: MAR. 01, 2013 .. l>ONUEJ) 1'BJltJ ATLANTIC IlQNDINCO co.. INe. . .. .. .. .. .. , ~ ,.. ,.. Ii' ~ !II' .. , ~ .. .. , pi' .. .. .. - .. .. .. .. .. .. .. 30 of 44 ... ,. ,. .. . . -- LOBBYING AND CONFLICT OF INTEREST CLAUSE .- SWORN STATEMENT UNDER ORDINANCE NO, 010-1990 .- MONROE COUNTY, FLORIDA .- .. ETHICS CLAUSE . .. C l0--l M ~10~ LLC H " . (Company) . . H...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any . former County officer or employee in violation of Section 2 of Ordinance No, 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No, 010-1990. For breach .. or violation of this provision the County may, in its discretion, terminate this Agreement .. without liability and may also, in its discretion, deduct from the Agreement or purchase price, -- or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." .. .. .. -- (Signature) p 4.J.:, l 8()~ " ~ I~i)! 69 Date: " " STATE OF: /2,i ,ck " '&Gl"JOM. , COUNTY OF: / , Subscribed and sworn to (or affirmed) before me on . ;1lMc '- 3()/ vi< otJ <; . . (date) by t~/ LJ~"Y .'--- (name of affiant). He/She is . . /' . personally known to me or has produced . (type of identification) as identification. ~ ,ii2t e: . NOTARY PUBUC-STATE OF FWRIDA ..'-;n Debra Friedman . IW:CommissionIDD864168 \...~ Expires: MAR. 01. 2013 . NOtARY PUBLIC 3/id , BOKDED tmlU AtLUITlC IlCIfl)DlG co.. INC My Commission Expires: 31 of 44 ... --- ..- .- ... .- NON-COLLUSION AFFIDAVIT .. I, V ~ \SQ.,~ of the city of ~DL'-"-- ?. ~ 'rc 1\ according to law on .. my oath, and under penalty of perjury, depose and say that .- ... I am M v....^ 6--0... ~ I~' ~I'l\ k- of the firm of .... 1. ... C- \,>-1 "" ~lJ l L L the bidder making the Proposal for the project destribed in the Request for Proposals for .... --:fA Sl, r(>J\ <<i'... Ad~f')+-':dd (/u....M ~r'J!~ 'J3nd that I executed the said .... proposal with full auth' rity to d so; ... 2. the prices in this bid have been arrived at independently without collusion, II(IIt consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with ~ any competitor; ... 3. unless otherwise required by law, the prices which have been quoted in this bid ... have not been knowingly disclosed by the bidder and will not knowingly be ... disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and .. 4. no attempt has been made or will be made by the bidder to induce any other ... person, partnership or corporation to submit, or not to submit, a bid for the ... purpose of restricting competition; .. 5. the statements contained in this affidavit are true and correct, and made with full ... knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts f~ ... ... ... (Signature) ~ l ~~ ) /~()/ 61 ... Date: I , ... ... STATE OF: rt~/h ... / .. COUNTY OF: /3~ C' .:J<'.:.../-- / .. .. .. .. .. fill fill ,. .. 32 of 44 "" ,. Subscribed and sworn to (or affirmed) before me on .. /1#<:-L 3tJ, ;;{ cro "l , ,. ) / {A,,-~ ~ (date) by Iffa (name of affiant). He/She is i/ ~ / personally known to me or has produced ~ II' (type of ide 'fication) as identification. ,. ) NOTARY PUBUC-STATE OF FLORIDA - 0/'.......... Debra Friedman f_' Commission I DD864168 31 ~Cl3 ~ ~ Ex . MAR. .. '-...n...... ptrell: 01, 2013 My Commission Expires: BONDED TIDU .m..umc BOHDINO co.. INC. .. . .- .- .. ... ... .. .. .. .- .. ... ~ iIt .. ~ .. .. ... -- .. -- .. .. .. 33 of 44 .. ,. .. .. .. .- .- DRUG-FREE WORKPLACE FORM ,. The unde~signed vendor in accordance with Florida Statute 287.087 hereby certifies that: .. ( I 0-.-1""'" S610~~ LLc .- (Name of Business) / .- (II 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace ,. and specifying the actions that will be taken against employees for violations of such t'J prohibition. .. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, .. rehabilitation, and employee assistance programs, and the penalties that may be .. imposed upon employees for drug abuse violations. .. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). f' 4. In the statement specified in subsection (1), notify the employees that, as a condition f' of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction f' of, or plea of guilty or nolo contenderre to, any violation of Chapter 893 (Florida f' Statutes) or of any controlled substance law of the United States or any state, for a tfIt violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse .. assistance or rehabilitation program if such is available in the employee's community, fit or any employee who is so convicted, .. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. ~ ~ As the person authorized to sign the statement, I certify that this firm complies fully with the .. above requirements. -----t/"----- ~ .. (Signature) POJi B~~ .. Date: ) (~6169 .. fA STATE OF: ~~/J,; ~ , .. COUNTY OF: \1J-<c.J;~L ~ .. lfI' e ~ ., ~ 34of44 fA -- ,.. ... .. .. .. Subscribed and sworn to (or affirmed) before me on ./1A;lci 3~1 ,;(tJo9 (date) by .. Au/ >Il A- <;J-^- .. / (name of affiant). He/She is personally l/ .. / (type of identification) as known to me or has produced ... ... identification. NOTARY PUBUC.....ATE.' FLORIDA ;{ 12/ ~7 ... ... ........;'\ Debra Friedman ' {~'CommissionIDD864168 . NmARY PUBLlC4~ ... .............~# Expires: MAR. 01, 2013My Commission Expires: ,-::j I OLoL3 BONDED TRRt1 ATLANTIC BONDING co, INC. ... .. -- ... " ... ., .. ., ., .. ., ., ., ., ~ " , ~ " " " , 1\ , , ~ I I 35 of 44 I . ,. . . . . PUBLIC ENTITY CRIME STATEMENT . "A person or affiliate who has been placed on the convicted vendor list following a conviction . for public entity crime may not submit a bid on a contract to provide any goods or services to . a public entity, may not submit a bid on a contract with a public entity for the construction or . repair of a public building or public work, may not submit bids on leases of real property to . public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with . any public entity in excess of the threshold amount provided in Section 287.017, for . CATEGORY TWO for a period of 36 months fro the date of being placed on the convicted vendor list." . Vcw\ \)Q..; C{ "-"fV'- S01()if> JL L . I have read the above and state that neither (Proposer's name) . nor any Affiliate has been placed on the convicted vendor list withi the last 36 months. . . ~~/ . (Signature) fa...d ( 6~ . 3 Iso /69 . Date: . . ~/ot . STATE OF: . . COUNTY OF: ~()cJ,,~ . . Subscribed and sworn to (or affirmed) before me on . HMeL J (), ci{ do '1 . / ~a/ ~ /t ce-<---- . (date) by (name of affiant). He/She is personally known to u . / (type of me or has produced . . identification) as identification. ~ . NOTARY PUBUC..sTATE OF FLOR1D:~, AJ2L . ..........j\ Debra Friedman MCnARY PUBLIC . (~ : Commission IDD864168 31/xt/3 ........",...,i Expires: MAR. 01, 2013 My Commission Expires: . SONDE!) T1DU ATUPmC BONDI:NG co., INC. . . . . . 36 of 44 a A. GOODMAN-GABLE-GOULDjADJUSTERS INTERNATIONAL PROITSSION AL LOSS CONSULTANTS March 26, 2009 6767 NORTII WICKHAM ROAD SUITE SOl MELBOURNE, FLORIDA 32940 Monroe County Purchasing Office (321) 255-1434 1100 Simonton Street 800-248-2353 Room 1-213 FAX (321) 255-1142 www.gggai.com Key West, Florida 33040 Dear County Purchaser: Goodman-Gable-Gould/Adjusters International (GGG/AI) is pleased to respond to the Monroe County Request for Proposals for Insurance Adjusting Claim Services (RFP-RSK-91-274-2009- PUR/CV). OOG/AI is the leading public adjusting entity in. the United States and currently has thirty-four (34) full time adjusters who are licensed by the State of Florida. GOO/AI has handled numerous complex hurricane claims in Florida, as far back as Hurricane Andrew. During recent hurricane seasons, GGG/AI has performed insurance adjusting services on behalf of Monroe County. Based on that experience GGG/ AI has a unique view into the needs, expectations, operations and personnel of Monroe CoUnty. We are hopeful that the enclosed proposal will suffice to continue that extremely positive relationship. Please note the RFP alluded to "price" as a factor in the awarding of the contract. Although there was not a specific area/tab in the RFP for the presentation of "price", we have taken the liberty of adding a Tab 9, which sets forth the GGG/AI proposal for Professional Fees. That proposal represents a savings to Monroe County from the current contract. Pasq e (pat) Cuccaro, LP A Executive General Adjuster/Principal PC:mmp Enclosure :, f i 4. GOOIJMAN-GABLE-GOVLD/ADJVSTERS INTERNATIONAL j -~-~------~--_.._- "1 PROFESSIONAL LOSs CONSULTANTs 6767 NOR'fH WICkJ'!AM ROAD I SUfTE 501 , i, MELBOURNE, FLoRIDA 32940 (321) 255-1434 800-248-2353 " FA)( (321) 255-1142 i, Www.gggai.com .) I, Cover Page 'I , R.FP-RsKI-91-274-2009_PUR./CV 'I PrOPOsal for Insurance Adjusting Claim Services .1 <, ,; .1 1 if SUbmitted by , GOOdman-Gable_GOUld/ AdjUsters International I, Address: 6767 North Wickham Road ,- SUite 501 ,I Melbourne, Florida 32940 ' " J , Phone: 800-248-2353 321-255-1434 Contact Person: I Pasquale (Pat) Cuccaro I Executive General Adjuster/PrinciPal 321-255-1434 pcUccaro@gggai.com -~~~~- ~ A GOODMAN-GABIE-GULLO / ADJUSTERS INTERNA nO\::\1 I @ ~ Table of Contents I Cover Letter i j Cover Page I I Table of Contents TAB Executive Summary.......................................................................... 1 ;] Relevant Experience......................................................................... 2 I Past Performances on Similar Projects............................................ 3 Project Approach.............................................................................. 4 i' , I Staffing for this Project and Qualifications of Key Personnel......... 5 i ;: , I Other Information........................ ....................................................6 Litigation .......................................................................................... 7 i County Forms........................... ........................................................ 8 Submission Response Form ............................. ....................... A I Lobbying and Conflict of Interest Ethics Clause .................... B Non-Collusion Affidavit.. ... ... ................ ...................... ........ ..... C Drug Free Workplace Form..................................................... D l] Public Entity Crime Statement ............................................... E Professional Fees ..... ........................................................................9 I I I J i , 2 AE GOOD\lt\\;-GAHLE-GOULD/ ADJUSTERS INTER"J:\IIONAL ~ I Executive Summary 11 With numerous regional offices throughout the country Goodman-Gable- I Gould/Adjusters International (GGG/AI) is the recognized leading public adjusting firm , in the nation, Public adjusters represent policyholders in first-party negotiations with their insurance carrier for expeditious recovery after they have suffered a damage incident. As a policyholder advocate we evaluate the policy coverage, measure I damages, prepare claim documentation in appropriate format and then negotiate with the carrier for recovery while our clients tend to their daily business responsibilities, Most of our work centers around our ability to manage a claim, respond immediately to I any site in the country and to effectuate an equitable and advantageous settlement. I" We also provide valued forensic accounting services related to loss of rents, business r ., income, extra expense and other time element insurance claims through our full time i j J Staff Accountants, Often in complex commercial claims these time element components I require the expertise of such accountants, which we provide without resorting to third- party contractors, , , Our clients rely upon us as a "one-telephone call" solution to damage incidents, I . Immediately after a damage incident we, in concert with licensed estimators and I, _: contractors, provide our clients with twenty-four hour emergency services at any of i their locations, Such services include board-up, water extraction, roof tarping, plumbing, electrical work, etc., and allow for the immediate mitigation of damages, Our offices throughout the country allow our professionals to arrive at a property quickly I after a damage incident, and to be able to provide an immediate assessment of the extent of damage, along with digital photographs, to regional or corporate offices that I may be far from the site. We would be remiss in not mentioning that we have, for a number of years, I and more importantly over a number of serious storm events, provided significant adjusting services to Monroe County. As a result of our familiarity with not only the needs and goals of Monroe County, but the inner workings J of the specific departments and personnel that respond to Monroe County's insurance needs after an emergency, we feel uniquely qualified to continue to provide that excellent level of service going forward. I The attached Tabs in response to this RFP sets forth specific engagements where services were provided similar to that sought by Monroe County. In addition relevant J reference letters and details of our scope of services, Florida licenses and background on specific team members are included in greater detail, ) ] 3 ~ " A" GOOD\l:\N-GABLE-GOULD! ADJUSTEI\S INTEI\NATIONAL ~ I Relevant Experience I Goodman-Gable-Gould/Adjusters International's leadership position within the field of public insurance adjusting and loss consulting arises from our company's founding in 1941 as the nation's premier public adjusting organization, guiding clients to maximize I and expedite their property insurance claim settlements. Our reputation for strategic thinking and effective management of the total insurance recovery process has resulted I in our engagement on some of the most challenging and high-profile losses of the past decades. I On this foundation of excellence and client advocacy, we have built our reputation assisting numerous municipalities, non-profits and health care providers, especially in the wake of major storms and declared emergency incidents. We have assisted Monroe '1'1 County, Florida, Queen Anne's County, Maryland, RenofTahoe International Airport, . l I J Elizabethtown Water/New Jersey, and St. Luke's Episcopal Health Center, Houston, I) Texas to mention just a few governmental and non-profit sector insured's as well as I numerous corporations, business entities and real estate concerns. Specific citations, background, references and contact information on representative claims are included herein under Tab 3. I We have assisted with recoveries that required extreme flexibility, technical expertise, , . and the ability to mobilize quickly. With thirty-four (34) licensed public adjusters in the I State of Florida we are ready, willing, and able to respond immediately to any emergency be it an isolated incident or a powerful storm affecting an entire region. No I licensed entity can provide the manpower and breadth of public insurance adjusting services which we are set up to provide. Our business model is based on providing "The Total Solution", from emergency services and policy review to specific damage iJ assessment and claim preparation and submission. Utilizing the latest computer models and programs, we can present claims in a format that your insurer is not only used to reviewing, but which serves as the template for complex claim negotiations. I With the assistance of our in house staff accountants and inventory specialists we can also handle the complex time element claims and time consuming business personal property claims that yield significant recoveries under existing policy coverage's. J In addition to our experience assisting clientele throughout the United States with I disasters of all types and magnitude, Goodman-Gable-Gould/Adjusters International has extensive familiarity with storm operations in Florida. We have been guiding Florida clients through their insurance recoveries from previous disasters including the 2004 J and 2005 hurricanes, storms from the late 1990's and even extensive services during the disaster of Hurricane Andrew. I i 4 ~ A. GooDMAN-GABLE-GOULD / AD) L'STERS INTERN A TIONAL I I Relevant Experience (continued) ... j , . This involvement provides us with a strong understanding of ever-changing insurance policies and the local needs of insured's in Florida as well as the entire Gulf Coast . , region. We are able to bring this up-to-date knowledge with our licensed staff to Monroe County to ensure maximum and expeditious reimbursement. I U I , -, , I iJ , . : , : .j i ! 1 I · ,,~ I J I J I J J 5 ] A. " GOODMAN-GABLE-GOlID/ ADJUSTERS INTERNATIONAL ~ ] Past Performance on Similar Projects ~ Monroe County, Florida I ~ Hurricane GeorQes 1998 Maria Slavik, Risk Manager 1100 Simonton Street ~ Key West, Florida 33040 305-295-3178 Slavik -maria@monroecounty-f1,gov , ! Hurricane Georges damaged over 30 locations throughout the Florida Keys with -, sustained property losses in excess of $5,000,000.00. Goodman-Gable-Gould/Adjusters I International developed and implemented a response program that led to a successful insurance recovery. Working closely with Peter Horton, Director of Airports, and Steve Piazza, Chief Engineer, we were able to initiate the claims process with a clear ~ understanding of the county's goals and immediate needs. GGG/AI's team of experts quickly mobilized and inspected all damaged locations and then prepared, presented and negotiated the insurance claim. The following locations sustained significant damages resulting from wind and water: " Key West International Airport, Airport Annex, Monroe County Administration, Court I House, Jail, Correctional Department, Light House Museum, Marathon Library, Cudjo Sheriffs Sub-Station, and a number of fire stations from Key West to Key Largo. I Monroe County, Florida I Hurricanes Wilma & Katrina 2005 Maria Slavik, Risk Manager 1100 Simonton Street Key West, Florida 33040 305-295-3178 ] Slavik -maria@monroecounty-f1.gov Monroe County has had an emergency standby contract in place with Goodman-Gable- J Gould/Adjusters International since 1998. The most recent work for Monroe County includes Hurricanes Wilma, Katrina, and Gustav as well as smaller projects as a result of Tropical Storm Fay. Hurricanes Wilma and Katrina had the greatest impact with an ] estimated 7.5 million dollars in insurable losses, GGG/AI has been successful in the implementation of a claims strategy that resulted in a favorable recovery from the insurance program in place. ,J "" 1 -'I -~ 6 j j 1 ",:; i A" GooDMAN-GABIE-GoULD/ ADJUSTERS INTER!\::\!I( )'\,_\1, , I~ u I~ Past Performance on Similar Projects (continued) I I ~ Monroe County, Florida (continued) Hurricane Wilma - October 2005 ~ During the 2005 hurricane season GGG/AI managed to successfully settle insurance claims for over 15 separate locations. The Key West International and Marathon Key Airport both sustained in excess of one million dollars in damages. Working closely with Ms. Maria Slavik, Risk Manager, Mr. Peter Horton, Director of Airports, and Mr. Jamie I "Reggie" Paros, Public Safety Director, we were able to position the county to fully recover their losses and rebuild the damaged locations, all in a time frame well within the County's needs and expectations. I The property damages to the Marathon Airport resulted in the "loss of use" of the primary level that consisted of the ticketing counters, lobby, boarding area and baggage ~ area. A careful review of the relevant policy language by GGG/AI provided the opportunity for the recovery for lost revenue that may have been generated absent the hurricane. Although the airport was unoccupied by an airline at the time of the ~ hurricane, GGG/ AI experts were able to position the claim so that there was a significant recovery for the fair rental value of the affected space despite the lack of occupancy. i The airplane hangars located at the Marathon Airport sustained significant damages as I a result of high winds and the rising water across the Florida Keys. Even though the schedule of locations listed in the policy did not include these hangars, GGG/AI prevailed in recovering for the damages to these hangars as a result of a broad , " interpretation of "Miscellaneous Locations" coverage within the insurance form provided , i by Lexington Insurance Company. As important as the financial recovery, was the result that Monroe County was able to rebuild the hangars in a timely fashion notwithstanding J the devastating storm and what seemed to be severe limitations in the policy. ) 1 1 1 i ,:t, > I .~ 7 ] A.. G(XlIJ\I.\\:.G.\BLE-GOULD/ ADJUSTERS hn'[{\:ATIONAL 11 ~ ~ O,\;!~;,v ~~~E r'~-- BOARD OF COUNTY COMMISSIONERS l ...~- MlryorOwrles"Savly"MctDy, DIstrfct3 ,- MIyOr Pro Tern Marlo Di GemMa, Distrk:t 4 Dixle M. Speller, Distrlct 1 George Neuoent. Olst:r1tt 2 ~ (305) 294-46ol1 SylVia J. M~, District 5 , ~ Monroe County Risk Management 1100 Simonton Street . Key West, FL 33040 I (305)295-317& Voice (305)295-3179 Fax I November 16, 2007 Mr. Pasquale Cuccaro I Goodman-Gable-Gould! Adjusters International 6767 N Wickham Road Suite 501 Melbourne, FL 32940 ~ Dear Mr. Cuccaro: r i On behalf of Monroe County's Risk Management we would like to express our appreciation for all of your support with our claims and recovery resulting from the hurricane seasons of2004 and 2005, I As you are aware, there were several locations effected which include Key West and Marathon Airports inclUding runways, airplane hangars and the surrounding areas. Thanks to your involvement, we managed to recover for aJl of our damages. You and your company have made a tremendous difference and we I would like to thank you for aU of the support during a most difficult time. Please feel free to use Monroe County as a reference towards future clients. Sincerely, ~t~ ] Monroe County Risk Administrator l 7 i{l J 1 ;. ~ 8 (] ~ ~; A. G()( m:vfAN-GABLE-GOULD / AD]L'-iTH\S hTERNA TIONAL ~ ~ Past Performance on Similar Projects (continued) rn ISlamorada, Florida Hurricane Wilma - October 2005 ~ William Wagner Fire Chief ~ Islamorada Fire & Rescue P.O. Box 568 Islamorada, FL I 305-664-4559 William. wagner@islamorada.f1.us I Hurricane Wilma caused significant damage throughout Islamorada. Goodman-Gable- Gould/Adjusters International, upon the recommendation of executives with Monroe County, Florida, and several local businesses owners, was contacted, interviewed and I retained to help Islamorada measure their building, business personal property and loss of income/extra expense damages and to negotiate for recovery on their flood & wind I claims with the insurance carriers. GGG/AI worked extensively with the Islamorada fire & rescue department, to help them secure recovery monies to replace large amounts of damaged fire-fighting equipment. i : I I ) J ] I d3 Ii ~ .l1 9 I j A. GOOD\1AN-GABLE-GOlJll) / AI )1tJ<jTERS INTERNATIONAL ~ ~ Past Performance on Similar Projects (continued) ~ Queen Anne's County, Maryland [) CollaDse Loss - Februarv 2003 Paul Comfort, Esquire County Administrator ~ 107 North Liberty Street Centreville, Maryland 410-758-4098 I pcomfort@qac.org The Metapeake Building suffered a significant collapse loss. Upon the recommendation of several community businesses that had worked with GGGj AI we were retained to represent Queen Anne's County, Maryland, in negotiating with the Local Government ~ Insurance Trust. The adjustment of this unique quasi-public claim necessitated GGGjAI to balance the goals and needs of the County, as well as other stakeholders in formulating a settlement favorable to all. ~ i I I ) ~1 ) J j .~ 1 ..~ 10 11 A. GOODMAN-GABI.E-G( lLID/ ADJUSTERS INTERNATI001~\L ~ J COUNTY ADMINISTRATOR'S OFFICE . QJ1een The liberty Building 107 North Liberty Street ~ 51. nne IS Centrel/ilJe. Maryland 21617 t, County Telephone: (410) 758.4098 Fax: (410) 758.1170 TOO: (410) 758.2126 ~ e-maJJ: pcomfor1@qacorg County Commissioners: County Admin/strator: Paul W. Comfort. Esq. " Ben/amln F. Canelt, Jr. . At Large Joseph F. Cupani . District 1 Admmistrative Ass/stant: Virginia l. Albers A.O "Nemo" Niadomanskl . District 2 Gene Ransom '" . Districl 3 Michael 5 KOIIel . Dlsttlct ~ I October 25,2004 Mr. Randolph H. Goodman. SPPA The Goodman-Guble-Gould Company/ Adjusters International 6 Reservoir Circle, Suite 202 Baltimore, MD 21208 I Re: Metapeake Building Adjustment Dear Randy; I take this OppOIiunity to Ulank you for the thorough, competent, and professional job you did in the adjustment of our collapse claim with Local Govef/uncnt Insurance Trust I (LOIT). h was apparent that you understand the intricacies of loss adjustmcnts and understood what needed to be done to properly mea<;ure and document our loss. You implcmented a clear strategy and direction in mC<lsuring our damages immediately I after you were employed. You chose a highly qualified engineering firm and building consultant to consult with in analyzing the damages. You provided us with coverage analysis and assisted us in effcctively convincing L(J(T to change their position on the application of Our coverage that gave us the ability to collect money LOIT had previously i indicated we were not entitled to receive. 111anks to your eff(1/iS, we werc ahlc to Teach a :. consensus on a reasonahle settlement I It was a pleasure to work with you. r appreciate your competcnt and expcrienced guidance and Sllpport through these often-contentious negotiations. Thank you for your professionalism and expertise in representing the County. ) Sincerely, J c- ....h C ~f" '\ Paul Comfort, Esq. 1 County Administrator i .~ J 11 if 1] (;,," A, GOOD.\f/\0.-G.\ BI.E-GOULD / ADJUSTERS INITR~.\ IIO~ AL ~ ~ t'i ( ~ Past Performance on Similar Projects (continued) St. Luke's Episcopal Hospital, Houston, Texas ~ Flood Loss/Tropical Storm Allison - June 2001 Jack Lynch President and CEO (currently with Main Line Health) .. 610-526-2011 Iynchj@mlhs.org I St. Luke's Episcopal Health Center sustained extensive flood damage in 2001 from Tropical Storm Allison. Goodman-Gable-GouldjAdjusters International was retained to I document and negotiate the multi-million dollar property damage and business interruption claims. Additionally, the Adjuster's International Disaster Recovery Services division assisted St. Luke's with their FEMA submittals. St. Luke's initially retained a multi-national accounting firm to assist them, and then dismissed that firm and retained GGGj AI when it became clear GGGj AI had the requisite hands-on experience and resources to fully manage the claims process. [f i I I [I ] ) ] j I J 12 r) I"~ A, GOOD\I:\N-GABLE-GoULD/ ADJLJSTEI\S IN IH~\iATIONAL ~ f] [J ~ August 17, 2004 i Mr. Harvey Goodman Goodman-Gable-Gould! Adjusters Intemational 133 Rollins Avenue, Suite One I Rockville, Maryland 20852-4004 RE: St. Luke's Episcopal Hospital I While I'm a little tardy in writing this letter, I would like: to express my appreciation for the assIstance that you and both the Richmond and Rockvillc offices gave St. Luke's Episcopal Hospital in quantifying and negotiating our loss as a result of Tropical Stonn Allison in June 2001. As you are aware, this was a large loss, which took over two years to resolve. ~ Both Tony D' Amico and Hayes M. Walker, m worked diligently to quantify our Business Interruption loss. The " insurance company offered only $4.5 million. which was one-half the amount of our claim. Through determined I negotiating, Tony convinced the insurance company to PBY almost 100% of his calculated loss. Tony also worked with our research department to quantify the loss of a particular research project. The Texas Heart Institute received $1.7 million from the insurance company, We were ooncemed about our prospects of recovery in so much that other medical facilities were unable to recoup their research losses. However, as a result of your i understanding of the coverage and guidance through the process. we were able to collect our entire claim in excess of :&1.5 million dollars. Additionally, Orville Curry was an asset in quantifying and organizing the supplies and capital equipment claims, and you of course assisted us tremendously in negotiating the building loss. ~ Incidentally, I believe that it is worth mentioning that we initially retained B big 5 accounting linn to assist us with the /1ood. We soon realized that while they had considerable accounting experience and resources, they did not -/ possess sufficient knowledge about insurance coverage and the claims process to be of any substantive assIstance J to us. Accordingly, we retained Adjusters International whose name may not of have been as recognizable, but ., they brought to the table the knowledge, skills and expertise needed to deal with the insurance company and to .. affect the hest possible settlement. I WhIle I'm now retired and acting as a consultant, I would never think of handling a claim of this magnitude without you be my side. I appreciate your putting up with many questions and demands. You were always gracious. Should any potential clients wish to speak to someone, I will be pleased to sing your praises. ) Sincerely, PciPu~ ~ J Patricia Crossman Risk Management Consultant 1 To St. Luke's Episcopal Hospital cc: Tony D' Amico Hayes M. Walker, ITI J Orville Curry r,"1a~ J.ft'tlI{.'ul Cur'" PO Bu'( M:!6rJ IIrJtffftm. rf!~ff.' 7711.J.fI~6f) W4110 YII"'(!:ff~l'Uf.r'<HH -~ j 13 I] ... GClODMAN-GABLE-GOULD / ADjLSTERS INTERNATIONAL ~ ~~'" t, I] r " ~ Reno/Tahoe International Airport, Nevada Flood Loss - January 1997 Chris Horton ~ Manager of Finance y' 2001 East Plumb Lane l Reno, Nevada ~ 775-328- 6431 chorton@renoairport.com I The RenofTahoe International Airport suffered massive damage after a significant flood. Goodman-Gable-Gould/ Adjusters International was retained to assist in measuring the ~ damages and negotiating with two carriers (Chubb and The Hartford), to advise and consult on FEMA negotiations, and to work alongside Counsel on certain portions of the claim that were litigated. Ms. Krys T. Bart suggested in a testimonial letter, "I would recommend your company to anyone anticipating a complex or large claim with an insurance company. Your staff knows the insurance industry, understands policy language, and will persistently pursue the claim. I want to thank you for your firm's ~) handling of our claim, the resulting strength of our case, and your participation in the b settlement process." The unique public component of this specific loss was an important factor in the insured's decision to retain Goodman-Gable-Gould/ Adjusters International. i , I I ., J J J I ~ ..~ >> 14 ~ t '. i A. GOODMAN-GABLE-GOLLD/ ADJUSTERS INTERNATIONAL g ., ~ ~ Reno/Tahoe International Airport PO Box 12490' Reno, NV 89~10'2490' (775j 328.6400' Fax (77!!) 328.11:110 ~ October 22, 2002 ~ Randolph H. Goodman. SPP A Principal The Greenspan Co./Adjusters Intemational I 400 Oyster Point Blvd. Suite 519 S, San Francisco, C A 94080-1921 I Subject: Adjusters Intemational Perfolmance Dear Mr, Goodman: After the flood of New Year's Day 1997, several local govenlluellt agencies in the Reno, Ne\-'ada area hired Adjusters Intelllational to assist \vith FEMA and flood illSlu'ance claims, The Airport Authority hired your fiml because the staff had no experience processing FEMA claims or a flood claim approaching the $30 million flood policy limit. The initial record keeping system ~ and cOllSultants recommended by your staff, were invaluable in obtaining the initial $6,8 million " in damage payments. The Airp0l1 Authority eventually had to file a 18\vsuit to obtain payment for runway flood damages. i As you know, after more than five years. our IUnway flood damage lawsuit was settled with the Chubb and Hartford insurance companies, The infOlmation, procedures, and record established by your firm provided our legal counsel with the infolluation they needed to build a case. I Because ofyow' film's work. the case was strong enough to result in settlement amounts. in once case, above the flood policy's limit. I I would reconlluend yUW' company to anyone antiCipating a complex or large claim \vith an insurance company. Your staff knows the insurance industry, lUlderstands policy language, and \vill persistently plu'sne the claim. I want to thank you for your finu's handling of our claim, the resulting strength of our case, and your patticipation in the settlement process, I Sincerely. J C-kr'.f g~ Krys T. B81t Executive Director J J ...~ 3 Airport Authority of Wahoe County R Goodmalllal<'r.doc Renorrahoe International Airport. Reno Stead Airport ',~ a ~ 15 ~ l A. GOODMAN-G/\BfF-GOULD/ ADJUSTERS INTERNATIO\:/\L ~ , Elizabethtown Water I New Jersey American Water, Elizabethtown, ~ New Jersey Flood Loss/Hurricane Flovd - SeDtember 1999 ~ Sylvia Hellman Risk Manager (currently with American Water) 989 Lenox Drive #224 ~ Lawrenceville, NJ 856-310-2256 sylvia. hellman@amwater.com I In September 1999, Elizabethtown Water/New Jersey American Water, located in Elizabethtown, New Jersey, suffered extensive flooding damage due to Hurricane Floyd. I The private utility serves a tremendous customer base and had millions of dollars worth of precision equipment inundated with water. Elizabethtown quickly retained the services of Goodman-Gable-Gouldj Adjusters International to measure the damage, present the claim and lead negotiations with the insurance carrier. ~ i I I J J J ] ~ j .:? ~ ~ J 16 !] i; {: A GOOD\IX\-Gr\BLE-GOULDj ADJUSTERS hTER\ir\rrONAL ~ I~ ~ - May 6. 2003 Adjusters Intel11ational ~ 133 Rollins Avenue Suite One Rodeville. l'vID 20852-4004 Attn: Harvey Goodman ,j 1 ; Dear Mr. Goodman: I On September 16, 1999, Elizabethtown Water Company (EWe) suffered an extreme disaster \vhen Tropical Storm Floyd flooded and severely damaged om prinllllY \vater treatment plant that serves over a million customers, I The primary objective ofEWC "vas to get its plant back online as quickly as possible because many of om Cllstomers were without water service. After meeting with our property insurance CalTIer, \ve realized that the copious documentation requirements associated \vith this loss required the assistance of an insmance claims expet1. At that jlUlcture, we engaged the services of Harvey Goodmau fi'om Adjusters International, i Mr. Goodman and his group diligently assisted us in the preparation of our claim and represented our interests in the ongoing three years of negotiations with the insurance can'ier. Without their professional assistance. \',,-e would never have been able to reach an amicable settlement of our c1ainL We highly recommend the set'vices of Adjusters Inte111ational. S~M I W.It"" ~ ,,,oil ~ Oen",1 Co "w~ 1': ~n Risk Manager ) EIt,ab"thto..n W.ler Camp.n, " SH:se 6()1) SOUth A"tnue po, 8<11 18a J W@'tfi.ld, 1\11 0/091.0138 Phon.. 908 &54 12H wWW",el0Wflwater,(om J ~ ~ RWE GROUP j '9 1 J 17 , , A'., G()( )f)MAN-GABLE-GOULD/ ADJLST!.!\'-, I\.TERNATIONAL ~ ~ MeriStar Hospitality, Various Locations, Florida ~ Hurricane Charlev - AUGust 2004 Paul Whetsell Chairman and Chief Executive Officer (currently with CapStar Hospitality) I ' 703- 387 - 3800 Paul. Whetsell@capstar.com ~ MeriStar was the owner and operator of numerous Florida hotels, including the 400-acre South Seas Resort & Yacht Harbour on Captiva Island. After Hurricane Charley in 2004 I MeriStar considered the options available to them and retained Goodman-Gable- Gould/Adjusters Intemational to assist them in their negotiations with VeriClaim (the independent adjusting firm representing various insurance carriers). Based on the work . '1 product and professional effort in that initial claim, GGG/ AI was again retained by MeriStar to assist with claims arising from the 2005 hurricanes in Florida and the Gulf Coast. I . ' J I J I .; J I ) I w J 18 ~ ! [] A. GooDMAN-GABLE-GOULD / Ar)J liSTERS INTERNATIONAL ~ ~ ~ MERISTARU ~ March 15, 2006 ML Harvey Goodman Goodman-Gable-Gould/AdJusters International ~ 133 Rollins Avenue. Suite One Rockville, Maryland 20852 Dear Harvey: , j , . During a fifteen month period in 2004 and 2005, we had six hurricanes impact our hotels - in Florida and the Gulf Coast The total damage exceeded $300 million and closed ten of our hotels for an extended period. I For a relatively small company with only 50 employees, the task of dealing with this type of catastrophe was overwhelming. Many issues needed immediate attention such as , , protecting our staff and guests, notifying future guests, securing the assets, relocating employees, etc. Your help from the day we retained you was invaluable. And, since, you were already working with us when subsequent storms hit, your team worked in concert with our on-site management to protect life, property, and restore operations as I soon as possible. The issues relative to dealing with insurance claims of the magnitude that MeriStar had were way beyond our experience and capability. The documentation alone was i hundreds of thousands of pages. Your team guided us through the process, handled the cataloging and evaluation of our losses, and led our negotiations with the adjusters and insurance executives. I am convinced that without your help we would still be trying to put together the information to just get the claims filed. The insurance business, as we have . .~ unfortunately discovered, is a maze of processes, procedures, forms, skeptiCisms. and legal interpretations It can be painstakingly sow and frustrating, particularly for an I operating company that just wants to get back to normal operating conditions. You and your team knew how to keep the process mOVing and helped expedite the payments needed to restore operations ~ I have and will continue to recommend Goodman-Gable-Gould!Adjusters International You provide an Invaluable service to firms that find themselves usually in such uncharted territory J I want to personally thank you for the assistance of you and your team Your focus and profeSSionalism certainly proved invaluable to us during a very difficult and tryIng penod I j j MeriSw Hrupitality Corpo~lion . 5430 Rodll'dge Orive . Suile 200 . IWlhesda, MD 20817 . 3011581-5900 . fax 301/581-5995 .1) J 19 ~ A@ GOODMAN-GABLE-GOL/D/ ADJUSTERS INTERNATlO'\.\I ~ ~ ~ New Piper Aircraft, Vero Beach, Florida 2004 Hurricanes Jim Bass ~ Chief Executive Officer 772-299-2555 iim.bass@newpiper.com Mike Kelley Chief Financial Officer 772-299-2361 I mike. kelley@newpiper.com New Piper Aircraft manufacturers a wide range of propeller-driven aircraft for business I and personal flying. After the Florida hurricanes of 2004 New Piper retained Goodman- Gable-Gould/Adjusters International to assist them with their multi-million claim I negotiations with their layered program of insurance carriers, which included Zurich and RSUI (Landmark). Immediately after Hurricane Wilma in October of 2005 New Piper again retained GGG/ AI after suffering additional damage. i I , ~ I :J I ;> ] ] ] ] .S1 .il ~ 20 r" i; fJ A., GOODMA"-i-G:\HI.E-GOULD/ ADJUSTERS INTER'iArlO\l/\L ~ ~ P;p~r' ~ Freedom 11/ /f { g Ii I ..t.....~I't>e'A-:'O'1"": ~ March ]0. 2006 Randolph H. Goodman, SPPA The Goodman.Gable-Gould Company/Adjusters International 6 Reservolf Clrcl!', Suite :!O2 Baltimore. ~'fD ] 1208 I Re: Los~ Consulting Service~ Dear Randy. I It IS with great plea sur!' and deep professional respect that I Wflt!' to you to thank you for your lUany successful effort~ on ~ew Piper' ~ behalf. Though :'ofew Piper had been through challenges in the past we had never experienced Hurrican!'s of thi~ I magnitude. The damage we $Ustained necessitated the relocation of our production line, an enormous task that required our full focus and attention. The added burden of trying to move forward on our claim in. house was mllld boggling to us. We simply did not have the tune or the expertise to know how to properly and effectively measure our los-ses and present them in a meaningful way to our insurance companies. I We wer!' most fortunate to be introduced to you! From the b!'ginning of our association you brought tremendous !'nergy, dei'll!' and commitment to our recovery effort. Within two months you successfully negotiated a settlement with our primary carrier. This was a major achievement, especially considering the ... myriad of coverage issues they raised in the discussions wluch you artfully responded to and defeated. You I likewi~e achieved great success with our excess carrier m bringing the entire claim to its conclusion. You pronded our Company with a very strong and talented group of consultants who individually and I collecriv!'ly expedited our ability to move forward on our claim in a timely manner. This was e.specially inlportant due to th!' many components of our claim including losses to buildings, machinery and equipment, work in process. raw materials, tools and dies. furnlnlr!' and fixtures, supplies, etc. I One of the mort' complicated elements of our claim was our recovery on our business interruption losses. Your full understanding of the coverage and your creanve direcl10n on how to format and measure the business mtemlPtion exposuct' was critical to reaching a ~uccessful settlement. Of special not i~ the remarkable contnbution Jesse Forkner of Rollins Accountiug made in the foren~ic accountmg analysis of I our busllle~s Illterruptlon loss. Randy. I could go on and on singing your accolades. You make col111llitments to our company that proved rdiable and successful. Your talent and ability proved to be extrem!'ly significant and effective in bringmg f our claun to a favorable resolution. The New Piper Aircraft. Inc. Will never be able to adequately thank you for )'OUI' outstandlOg work. If at any tune, you are Ul need of a recommendatlOu. I would consider it a pnnJege and a pleasure If you would allow me to speak on your u!'half. I Best personal regards. S1U! i~ , Suzon W Franzke. J.D. VICe President of Legal Admlllistutlon The New Piper Aircraft, rnc e29U P1P€RORlVE e VERO BEACH, FLORIDA J29t.O . TEl 7n.S67.4J6f. 21 ~ " A G()()/)\l\:'0-GABLE-GOULDj ADJUSTERS hTF!\\1 ATIONAL ~ Ii ~ Prudential Asset Resources, Texas Hurricanes Katrina and Rita. 2005 and Hurricane Ike. 2008 " Nancy Massenburg ~ Director of Insurance ., 214-777-4568 na ncy. massenburg@prudential.com ~ After Hurricanes Katrina and Rita in August and September of 2005 the Asset Resources Division of Prudential needed assistance in evaluating damages at numerous multi- : 1 family and other commercial properties in Texas, Mississippi, and Louisiana. Prudential . j ;1 had served as lender to property ownership at many damaged properties and needed I thorough and efficient evaluation of potential claims. Prudential retained GGGjAI to provide these very comprehensive and time sensitive loss consulting services. Most important was the ability of GGGj AI to visit, assess and report on multiple locations that were potentially affected by the same peril. Again, after Hurricane Ike in September of 2008, Nancy Massenburg of Prudential contacted and engaged GGGj AI to assist them with similar services in Houston and Galveston, Texas. I i I ) ] J ] J " .~ j 22 ~ A. GOODMAN-GABLE-GOULD/ AD]LSTERS INTERNATIONAL ~ ~ Prudential ~ Financial ~ Prudential Asset Resources 2100 Ross Avenue, Suite 2500 Dallas. IX 75201 ~ Tel 214- 777 -4568 I ::-Tovember 18. 2008 Mr. Barry A. Flax I ::>'ir. James R. Harper Goodman-Gable-GouldJ Adjusters IntematlOnal 10110 Molecular Drive Suite #300 I RockviIle. Maryland 20850 Re: Hurricane Heroes , .. Dear Barry and lim: Thank you for allowing me to express my gratitude and to personally recommend your company, I feel as if we have been partners since 2005, when Hurricane Katrina hit the coastal shorelines of Louisiana, Mississippi and parts m of Texas. We contracted your services for not Just a "hied's eye view" but you were on the ground as our eyes and ears in our portfolio evaluation, We were not having to guess was it wind or flood we had pictures. i As 2008 Hurricanes emerged first Dolly. Gustav and Ike approaching, I appreciate the fact Barry reached out to me and we secured and reserved your services pnor to Ike hitting. Your team was on the ground and into places submitting pictures and reports back to me prior to us even getting calls backs from adjusters, I Two short stories I would like to share, Your team was in Galveston "boots on ground" within less than 48 hours with pictures and reports already back to me. By day 4 of Hurricane Ike I received a vOice mail from an adjuster from a company I will not name. "Ms, Massenburg. this is xxx with xxxx. we have your initial claim report on the property. and it will probably be a week or two before we are allowed in to Galveston to even survey the damage, I but please consider this our first response call to you and we will be in touch. On by the way, here's my entail (no phone number left)", It was with such pride that I had caller id and I re-dialed the phone and advised the adjuster my (11ike to refer to you guys) as "my" guys are already at the property and I have pictures if he would like I will be happy to provide via email, Second story. is we were able to provide mfofillation to many of our customers and owuers that did not have a way to get IDto the property to know the condition and in many cases we were like "heroes" to them and we were able to J say "yes it is bad in places, but your property IS standing and looks amazIDg. let me forward you some photos", It is because of this I reference the subject line of my letter as "Hurricane Heroes", Again, thank you for your services and It very nice to know we have such a great extended partner to gUIde us J through difficult times, Smcerely. J Nancy Massenburg Nancy Massenburg 1 Director of Insurance ] j 23 g l~ A. GOODMAN-GABLE~GOLU)/ ADJUSTERS INTERNATIONAL ~ '_I ~ t '> (. ~ The Biltmore Hotel/The Seaway Group, Coral Gables, Florida Hurricanes Katrina and Wilma, 2005 Jim Pelletier ~ Chief Financial Officer, The Seaway Group 305-445-8066 ext. 2021 J pelletier@biltmorehotel.com The Seaway Group operates four boutique hotels in Florida and one in Staten Island, New York. Since 1992 Seaway has been the operator of The Biltmore Hotel under a I long term management lease with the City of Coral Gables, Florida. Opened in 1926, The Biltmore holds an official designation by the Federal Government as a National ,'.... Historic Landmark, an elite title offered to only 3% of all historic structures on the National Register of Historic Places. During Hurricanes Katrina and Wilma in 2005 the hotel was severely damaged. Hundreds of rooms were affected along with extensive I roof tile (which needed to be imported from Spain in order to be replaced correctly) and masonry difficulties. During several months of difficult claim negotiations the carriers argued that the damages were below the deductible. Upon the recommendation of I their insurance broker, Seaway interviewed and engaged Goodman-Gable- Gould/Adjusters International to measure the damage and negotiate with their carrier Liberty Mutual, and with the numerous other carriers (and their army of I experts) in their layered insurance program. GGG/AI successfully navigated the claims process in an expedient manner. The engagement included the need to accurately measure the structure damages as well as the income losses from the downtime ~ suffered by the on-premises restaurants, gift shops and bars. The result was significant recoveries for the insured relating to damages from both Katrina and Wilma. : -1 ,~ . , I ) J J t J 1 24 IS ! L A. GOODMAN-G/\BIE-G()CI.D/ ADJUSTERS INTERNATI():\,\! ~ I !~ . I {iJilbnO,<e ,. ~ CORAL GABLES - >l 1.-\ M f ~ Mr. Keith Hayman, Senior Adjuster Mr, Aaron Parker, ACCQWltant Goodman-Gable-Gouldl Adjusters International lOllO Molecular Drive, Suite 300 ~ Rock:ville, Maryland 20850 Dear Keith and Aaron: I Thank you to Goodman-Gable-Gould/A<ljusters International for your tremendous success assisting us as our advocate with our insurance settlements due to Hurricane Katrlna and Hurricane Wilma, Four months into our claims, we were receiving signilicant resistance from Liberty Mutual, our first layer insurance I company, on the extent of our damages for both Katrioa and Wilma. It appeared that Liberty Mutual was strongly aUelnpting to keep the agreed upon amount of damages below our policy deductible, so that we would receive no claims payments from our first party carner. I We decided to retain Goodman-Gable-GouldlAdjusters International after a strong recommendation from our broker. We were hesitant to engage a public adjusting finn, as we had previously had a very negative experience with a different Hnn on another los8 occurrence, Fortunately, Goodman-Gable-Gouldl Adjusters International has changed our view of how a public a<ljusting firm can really be a great asset. , We had 85 areas of roof surfaces damaged on a historic hotel building. and many of these roof tiles needed to be imported from Spain for the various roof repTacementa and repairs, With your tremendous assistance we were able to meet the i historic registry requirements ofthe City of Coral Gables, and our hotel looks fantastic now that repairs are complete, Your firm was proactive, brought in exceptional expertise and coIJ8ultants who were always informed and professional, and guided the insurance companies to a reasonable and fair settlement. You were conscious of our cash flow needs for u I substantial reconstrnction project, and were always available and immediately respoIJ8ive to every question we had throughout the process. When the representatives for our next layers of insurance coverage were not fully cooperative and were resistant to becoming involved in the loss evaluation you were able to professionally and productively demand meetings and conference calls to move through the red tape and achieve results. J 150 of our rooms were damaged from Hurricane Katrina and 30 were damaged due to Hunicane Wilma, In addition to Ihe 8S roof stlt'faces damaged, trees and masonry throughout our historic property were also in bad shape. Our revenue for our golf course, restaurants, gift shop, bars, and major events were drastically interrupted. Your accountants did a ~ comprehensive job of capturing all aspects of our claim for business interruption and extra expense, After negotiating through multiple layers of insurance, several insurance carriers, adjusters and accountants, we are most pleased with the fmal result of our claims and most appreciative that our insurance broker recommended Goodman-Gable- -J Gould/Adjusters International to The Biltmore Hotel Please feel free 10 use us as a reference and always stop in when you are in town. Hopefully, the hurricanes will stay out of South Florida for a many years! ) ~ 1200 AN"S1'''STA AVF.NUF.. CORALGAIII.F.S, fL331H - J05.H5.19"!b - f\s J()5.~t1'fS9 ~ "TM-lsildifllfHotels of IMW:Jrid j ..7) , ~ ~ 25 '} p (' A Goom.I.\\:-G.\BLE-GOULD/ ADJUSTERS INTEJ\\:\TIO\iAL ~ ~ ~ Brickell Equities, Miami, Florida Hurricane Wilma - October 2005 Sherry Frankel Original Owner (currently with Caran Properties/Brickell Equities Corporation Limited) 212-207-1815 sfrankel@caran properties. com ~ Lisa Jesmer Jones Lang LaSalle Senior Vice President I 305-423-4701 jesmer@am.jll.com ! In October of 2005 Hurricane Wilma blew out 1,000 of the 6,000 windows the office high-rise located at 1221 Brickell Avenue in Miami, Florida, The Greenberg Traurig ~ building. This building is an office tower located in the heart of Miami's international financial community. The owner at the time of the incident, Sherry Frankel, contacted and retained GGG/ AI to coordinate emergency services and begin the claims adjustment process. During the adjustment process 15 swing stages were hung from the roof to repair the windows and protect the curtain wall from further damages. The insurance carrieres) (Lexington, Westchester/ACE, Travelers) ultimately paid more than I twice their initial offer. It should be noted that GGG/ AI was able to invoke the Sue & Labor policy language, which is rarely relied upon during claim adjustment, to secure an agreement from the carriers to pay for the temporary equipment to be left on site to ~ respond to rain as repairs continued. During repairs, Jones Lang LaSalle and Equity Office jointly purchased the building for an amount in excess of $100 Million. GGG/AI assisted in the due diligence with the buyers to help facilitate the sale of the ! ~.1It building. After the sale, Jones Lang laSalle and Equity Office retained GGG/AI to "~I continue the Hurricane Wilma claim process until successful conclusion. ~ ~ " r'~ J } i j 26 ~ A Goum,IA:--i-GABLE-GOULO/ ADJCSTER<.:, I:\TERNATIONAL ~ ~ ((0>> JONES LANG J_ tons USalle AmeriCl1S, r ne. Inl BrideU. Suit\:: M1510. Miami. Florida 1]001 ~ LASALLE. T~III J05-536-1221 Fax If J05-374--1221 ~ Febn.rary 25, 2009 ~ Keith Hayman 1 GGG/Adjusters International I t 1 Broadway j Suite 733 I New York, NY 10004 I Keith: Thank you for a great job in settling our complex and challenging insurance claim. Jones Lang laSalle was awarded the leasing and management of 1221 Brickell A venue in Miami, Florida, along with our N partner, Equity OfficelBlackstone in September of 2006, The building was in the process of major repairs after nearly 1,000 windows were I damaged due to Hurricane Wilma, resulting in a multi-million dollar insurance claim. Not only did you assist in the due diligence to acquire the asset, you brought a ~ consistency and determination to drive the claim to a final and successful resolution after acquisition. . '. Your knowledge of the policy, creative solutions, organization, and initiative led to us to " a very successful settlement with AceIWestcbester and Engle Martin. We are very happy , r ~ c.olI with the final outcome that would not have been achieved without your services. Once again, thank you. Sincerely, ] ~~.~ ) , Senior Vice President, Regional Manager 1 Leasing and Management ] ] 27 ! r] I !: ; ;;: ~ GooDMAN-GABLE-GOULD/ A[)jUSTERS INTERNATIONAL ~ NT'. .~ ~ Poydras Properties LLC, New Orleans, Louisiana Hurricane Katrina - August 2005 Chris W. Robertson of Compass Financial ~ Poydras Partner 501-664-7396 cwrobertson@prodigy.net, Peter E. Strauss of Mandalay Pictures Poydras Partner 323-549-4335 I peters@mandalay.com John W. Moss of Elman Investors, Inc. Poydras Partner I 212-838-2700 jwm@elmaninvestors.com ~ During Hurricane Katrina, in August of 2005, Poydras Properties LLC sustained significant damage to their 960,000 square foot Office Tower complex (The Entergy ~ Building and an adjacent building) next to the Louisiana Superdome and the Hyatt New Orleans. The Poydras Partners consulted with their long-time attorney, Rich Levin at Grossberg, Yochelson, Fox & Beyda in Washington, D.C., interviewed and then engaged i Goodman-Gable-Gould/Adjusters International to assist them with their emergency mitigating measures, and their ensuing claim negotiations with their layered insurance program (Lloyd's, first layer, RSUI, second layer). This large claim was settled in a ~ minimal time frame even given the various limitations and constraints of documenting and finalizing claims in downtown New Orleans immediately after Hurricane Katrina. I ) ) j u ~ ~ J 28 1 l A. GOODMAN-GABLE-GOL:l,D/ ADJUSTERS INTERNATIONJ\I_ ~ 'm POYDRAS PROPERTIES, LLC 1250 Poydras Street - Suite 2460 ~ New Orleans, LA 70113 ~ January 30, 2007 ~ Randolph H, Goodman, SPPA Goodman-Gablc,-Gould! Adjusters Associates 6 Reservoir Circle ~ "!II Suite 202 , , , Baltimore; MD 21208 I Ro: Hurricane Katrifl!l Claim - Poydras Properties. LLC Dear Randy: I Apologies for being so tardy In pro....idin. you with a letter that recogntzei the exemplary work YOll did on our behalf in respect to our claim agaJnst LJoyds and RSUI resulting trom damages incurred ~ during Hutricanc Katrina. Vour perfonnan<:e was !lleUar and tho result!! you helped us achieve was instrumental in our ability to return to financial health after suffering what could have bean devastating losses, i The All encompassing respolUc you coordinated within hours ofbcing telephonically introduced to U!J by Rkh Le\lln and your willingness to immediately meet in Little Rock. en route to lnsP"ting tlte properties with the emergency respoDse team in tow, was indicative of your professionalism and left us with a sense of confidence despite the terrible circumstances we faced, V ou calmly guided us through the initial response, corralled the insurallCc adjusters to approve our immediate response and simultaneously - laid the groundwork for the entire claim and our ability to move ahead (almost unhindered) with our immediate and long term objectives, :1 Throughout the entire claim, regardless of the irrational responses we received ITom your insurer counterparts. you kept us In advantageous positions thereby enabling the flow of necessary funds and facilitating our ability 10 return the buildings into service, without losing tenants under the typical 180 day I cancellation clauses, Given the chaos in the market. the difficulty getting materials lUId the chaUen&~ in souteing competent professionals to band Ie the myriad iss~s involved witb emergency and kmg term repairs your involvement in and gUidance of the claim process was invalwrble, ) Not only was the claim complicated by the Katrina wrought city issues. it also involved two separate thouah inter-twined buildings and was c1CACcrbated by the disjointed nltture of dealing with two actiustcrs representing separate clients with divergent in~ Each adjuster, in his own right, presented J problematic issues and would have creattd serious claims issues had you not been honchoing our claim. Your record keeping. flle documentation, claim presentation and overall grasp of the entire process (in a/l phases) was the key to hemming in the adjusters and driving home the ultimate settlement figures accepted by the Insurers. J I am confident that without your involvement from the outset, the ultimate success of our claim would have been severely damaged, Vour ability to immediately grasp the nuances of our situation, work '!'t j Continued "....... .~ i~ '!lI :J 29 f] I' j,.;, A@ GOODMAN-G.\ BII'-GOULD / ADJUSTERS INTERN AIION AL ~ ~ Randolph H, Goodman, SPPA ~ Goodman-Gable.-Gouldl Adjusters Associates January 30, 2007 Page 2 ~ the nirpicking issues without losing sight of the goal, bridge the gap between volatile entrepreneurial owners and corporate institutions (while keeping both panics at the table), quietly lay the foundations of our future settlement through mMiculous writien documentation and then, when needed, present the entire claim rational in irrefutably eloquent clarity certainly won the hal1le tor us. On more than one occasi{)O Peter Strauss, an accomplished wordsmith, comrr1<<ltl'ld that the letters you wrote OIl our behalf were better I than any even he could have written, John assures me thaI, coming from him, statements to that effect represem the highest praise possible and the utmost esteem for your professionalism and ability to lllm a phrase and should be Accepted as such. Although we do not wish to bave any future need for your professional services, we all have your contact informatioD close at band. just in case, It was 8 pleasure working with you, despite the circumstances. The results of your exceptional work exceeded our hopes for the final claim outcome and ~ for that we are immensely grateful Thank you again for helping us through such a challenging new experience. Rest assured that we will be pJeased to recommend you and your rum to anyone faced with workin& through a major propeI1y ~ claim, To a won<lerfuI2007. may it be!tonn free for us and profitable for you in other regions. I Very truly yours, ~ Cf)~R:~Rr:t~ ; ~:;. I Christopher W, Robertson Managing Member Cc: Peter Strauss John Moss ~ r' I:" J J i .~ j 30 [] A GOOD\I..\ :\-G ABLE-GOULD / ADJUSTERS hll.l\:\ r\ 1I0NAL ~ The Wyndham Bonaventure Resort & Spa/Ireland Companies, Weston, Florida ~ Hurricane Wilma - October 2005 R. Scott Ireland, 305-891-6806, ext 306 ~ ireland@gate.net The Ireland Companies is a multi-faceted real estate and development company which, ~ since its founding in 1960, has completed more than 100 commercial, industrial, resort and recreational projects in 10 states exceeding 5,000,000 square feet. In 2004 The Ireland Companies contracted to purchase and redevelop the former 23 acre Wyndham I Bonaventure Resort & Spa in Weston, Florida. Led by Thomas K. Ireland, The Ireland Companies redeveloped the resort (since re-named the Hyatt Regency Bonaventure). The 500-room hotel/resort now contains a 48,000-square-foot Red Door Lifestyle Spa, ~ Elizabeth Arden; 100,000 square feet of meeting space; four pools; multiple restaurants; and a nature trail. Hurricane Wilma caused substantial damage to several II buildings during the $100 million dollar renovation. Upon the recommendation of a large national shopping center developer, GGG/ AI was contacted by Ireland and retained to serve as their claims advocate. GGG/AI assessed the damage under ~ the relevant policy provisions and negotiated with the carrier, Zurich. Several phases of the renovation were disrupted and the complicated claim involved business interruption and extra expense losses, as well as a difficult determination of an i appropriate period of restoration. ~ /' .'t I ) j 1 ~ 1 ~ J i .:J 31 I' <- 11 ~ GOODHAN_GABLE G . . OULD; A 01(;'1/'''' [NTERNATlO., @ .. r7 !- C'" '7 k.. 1 " 1 , 1 . . \.\ /) Cf J',I P \ ' , '. " L ", "-..""'! J ~ -. .t.-~ : ~ll April 11. 2008 ' . / ';- I Mr. Keith W, Hayman ifJ GOodm."-Gabl&-G Id I . / ,~ 420 lexIIIgto" AVen::"U AdJUa"'raln"'rnauonal Suite 312 New YOrk. Ny 10170 /1I RE: HOl'rIcane Wilma Cla;m j II Dear Keith: IWantOd 10 take a moment to thank ! :~ GOOdman-Gable-GOUIdJAdiUste':O~~~o;:;arker. afld lhe reat 01 the 'earn j ill n""'tDly SeMcea. Inc. for Your ha a at _ ROllins ACCoun'ing comPlex 'IlSu"''''''' C/alm. rd - efld great suCCess in resolving OUr I J In ZOOs.... ""'re in the middle f . , ill a'1:: ':'::OSOrt in Weston. Florida. 0 "::"~:'fu~:m at the Hyon B""aventure ' ,,,," Cholleng/' 10 OUr PfOj"cJ CaP'Uring tho sPecifIcs Of"'"" ,,/,U_ -re damage . afld OUr carne,. ZUrich Inau . OUr asse. Was certainly a Iff c7.:";,r:"';:' they ChangBd adius",;:n:; ~~,:::::., "':;,e Ihlngs easy As a . es throughoul 'he ThrOUgh Your "n_ afld the . , ,artj""lete relaUng 10 OUr """'fldOd ~:-.::': ,argumenl that VOu IYere able to .. OUr /'even"" '/reem. 10 OUr CoVer Ildernnity. a. ..... aA Your ability to presentatIOn. the GGGlAI & ROllins tea age. afld Your AIlCcesRfUI global ctaim , mOmes that ZUrich Originally offered ~ able to ."""re more Ihan twice Ihe you afld Your team afld IYere aquitabl ....re mon... e"'ntually SecUfe(I by I"""" afld Cofldilions Of OUr POlicies ei afld ...... nghlfl#1y dUe Us Under lhe sUCcessful In Ilecurtng Same. . Ve. "'" neeqBd Your help In Order 10 be We are Iortunalo Ihal GGG-AII R . not hesitate to you Use U. as a rere:.,;: 7,s rf!commafldOd '0 Us Pleasa do PleaSed WIth the "nal OUICome Of OUr C/aim th t;;e fulure, as "'" Wera a"'ramely ..~. an s 10 VOUr organ;,ali"" (.~ ) . ~ QJZ./ R. SCOtt Ire/afld Pt......OVllt a,o ''''000 . .,.c::....."'t .otJ~t'v...~o . ........,. ..~O."O... 33181 i'7~<,. 't: ( , l .)05. eal'6eoe. ~"')( (.lOll) a95'I:'l"CI IJ ~ A. i GOODMAN-G ABLE-Goe 1.1) / AI)J eSTERS INTERNA nON AL j I ! ] ~ Belleview Biltmore Hotel Golf Beach & Spa Resort, Clearwater, I. Florida L Hurricane Jeanne - September 2004 ~ Mark B. Greco ! Managing Director - Asset Management 610-818-4699 ~ mgreco@urdang.com Vincent Sanfilippo Chief Investment Officer I 610-818-4646, vsanfilippo@urdang.com , - Urdang Capital Management, of Plymouth Meeting, Pennsylvania is an investment management firm that focuses exclusively on real estate and manages both private ~ equity investments and portfolios of real estate securities, primarily publicly traded real estate investment trusts. Hurricane Jeanne significantly damaged the, approximately 100 year old, 244 rooms, 1 million square foot Belleview Biltmore Hotel Golf Beach & Spa Resort. Urdang, owner and manager of the Belleview Biltmore retained GGG/AI to be their advocate in connection with the damage measurement, claim preparation & claim negotiations with their carrier, Zurich, and Zurich's hired Independent Adjusting . firm, McLarens Young International. The multi-gabled Victorian Resort Hotel is reputedly the world's largest occupied wooden structure and overlooks an intracoastal waterway. GGG/AI was able to secure a favorable insurance settlement while working ~ within the constraints of such a unique property. I ~ ] J j ~ i .~ .~ fJ j 33 ~ .~ A. GooOMAN-GABLE-GOLLO/ ADJUSTERS INTERNA TlO\;,\[. rI 11# fJ mS URDANG ~ ~ ~ Mr. Harvey M. Goodman. President Mr. Karl L. Denison, Executive Vice President Goodman-Gable-GouldJ Adjusters International 10110 Molecular Drive, Suite 300 I Rockville, Maryland 20850 Re: loss Consulting Services, Belleview Biltmore Golf & Spa Resort, Clearwaler, Flolida, Damages from Hurricane Jeanne, September 2004 Dear Harvey and Karl, ~ We wanted to take a moment to thank you for your guidance and persistence in helping secure appropriate insurance recovery arising from our claims at the above-referenced property after Hurricane Jeanne. The BelJeview Biltmore Golf & Spa Resort, a one-hundred year old, 244 room luxury resort and conterence facility, was heavily damaged by this major stann. For five months we attempted to negotiate with our insurance carrier, IRJ, without professional representation, It became re<ldily apparent that we were fighting HlI uphill ball Ie, and we deemed it to be in the best interest of our Principal, for whom we were managing the i propelty to engage a professional advocate. Our insurance broker advised us of the excellent reputation of Goodman-Gable-GouldJAdjusters International, and fortunately we interviewed and engaged you a.<; our representative. Our only regret is that we did not retain GOG/AI immediately after the storm. ~ While securing recovery in such a complex claim was a long, arduous process, GOG/AI's involvement Wi our advocate gave us complete confidence that we would fully recover. It was immediately obvious to us that the experienced veterans from within your organization that were assigned to each a'ipect of our claim (building, " business personal property and loss of income/extra expense) were professionals. It was clear they had handled I many losses as large and as complex as ours. Your team quickly brought themselves up-to-speed on the details , of our policy, the specifics of our damage, and the status of claim negotialions to date. GCIGIAI brought cohesiveness and focus to this process. Your professional representation allowed our executives and ,) management personnello tend to their everyday business duties instead of gelling overwhelmed by the ; ~,~ insurance claims process, j The claim documentation prepared by GGG/ AI was always accUrdte and thorough, and you were able to layout "~ to IRI in great detail the extent of our damages. Each of your team members engaged in productive dialogue with the relevant experts retained by JRI and indeed leveled the playing field for Urdang. When we needed to invoke the Appraisal provision in our policy, GGG/AI was able to <>eamlessly appoint a GGG/AI Principal as i our Appraiser, no delay, nunp up time or learning curve. We truly felt the resources of your entire organization " were at our disposal. 1 UHtl^NC CAPI"\[ MANM;t "fN I ! J R "!\ 'i i; .i f ( "I' I r' f\ M" N !\ C UH. NI ~ : ,. ~i:l ,j ;~ >;' :-:) ~ .d 34 j~ I ,<~ A GOODMJ\\:-Gt\BIE-GoCLDj ADJUSTERS INTFR\:t\ JIONAL ~ ~ tJ . . '''1M fl With GGG/AI as oLlr advocate we were able to secure approximately seven times the originlllloss II1c:.\SUfl: offered by the C31Tier' It took significant effort, tenacity. creativity. skill and persistence on your pan. but. you got it done. and fl.)]" that we ~u'e most grateful, Urdang will certainly call upon GOO/AI should we suffer dama~ ~ in the future. Feel free to share this with any similarly situated policyholders or have them call us directly. I Very truly yours. '-jJ / // ~i I ?1/t ...t.p)' ,/ u-<.- Mark B. Greco Managing Director - Asset Management ~ I ~ i , I J .J/i j i 1 J ~ 1 j ~ '1 t " 35 A. GOOD\lAN-GABLE-GOULD/ ADJUSTERS INTERNATIONAL I " I' Project Approach I Our Project Approach is tailored from our specific experience with Monroe County over the past decade. '-' ~ ; .:j Phase One ,.." j . Review and analyze relevant insurance pOlicies to determine all available coverages, favorable policy points, and any potential gray areas for purposes of I formulating strategies for a full recovery . Identify all areas of potential recovery and exclusions applicable ] . Inspect all exposed risks in an effort to determine the extent of losses ''11 Photograph damaged locations -J . : ~ . Evaluate necessary emergency services (EMS) I . Implement EMS where necessary i . Assemble the Goodman-Gable-Gould/Adjusters International team, which would consist of adjusters, inventory specialists and building estimators , II . Assemble the required accounting personnel in connection with extra expense, _4 loss of rents and any other policy covered time element claims 11 . Coordinate efforts between Monroe County Department heads and Goodman- Gable-Gould/Adjusters International I . Coordinate efforts between Goodman-Gable-Gould/ Adjusters International and J Adjusters International's FEMA specialists to the extent necessary with a view to maximize and expedite recovery from all possible sources of funding . Coordinate efforts with Risk Management, including the collection of individual I department summary of damages J I I 36 . .. A. GooDMAN-GABLE-GOULD / AD] L;STERS INTERNATIONAL I , ., I I J Project Approach (continued) I Phase Two . Schedule joint inspections of all damaged locations with insurance company , , adjusters, including all experts for Flood, Wind & Multi-Peril loss, to discuss mutual goals and address any coverage issues I . Secure advance funding I . Open discussion over the scope of repairs . Address temporary repairs as opposed to permanent repairs ''1 i 1 . Separate damaged business personal property from undamaged property where ... necessary r 1 ! i Perform all site inspections for purposes of obtaining necessary data in order to . .I . I establish the measurement of the.damages to both building and contents Meet with the Building Plans Department . o- J . Coordinate with Risk Management - . Meet with department heads in an effort to track incurred and increased ! expenses ' -~ I . Interface with internal accounting personnel and adjusting teams Phase Three I . Draft the preliminary claim separating flood from wind damages for both I building and business personal property including equipment and portable equipment I . Review preliminary claims values with risk management and department heads Edit claims value at replacement cost value (RCV) and actual cash value (ACV) . f . Coordinate with GGG/AI team of experts f 37 I) l A~ GOODMAN-GABLE-GOUD/ ADJUSTERS INTERNATIONAL ~ , . Project Approach (continued) II Phase Three (continued) . Finalize a concise line item inventory of all damaged business personal property : "I I and submit claims for all such damages to the insurance company(s) , I . Finalize a concise estimate of all building damage for affected locations and submit claims for all damages to the insurance company(s) I . Schedule re-inspection of all damaged locations . Coordinate with Adjusters International's FEMA specialists, as needed I Phase Four ! 1 ~.1 . Perform a deficiency/variance analysis between the claim submitted on behalf of ! 1 Monroe County and the insurer(s) response to same .l I ! , J Develop a concise schedule of differences between claims . i . Submit differences to the insurer(s) for additional consideration along with underlying substantive basis ; ~ .~ . Organize a settlement conference between all parties ~] . Attend settlement conference(s) with insurer(s) . Coordinate with Risk Management-recommendation for settlement J . Prepare Sworn Statements in Proof of Loss in support of settlement I . Provide a statement of loss for all locations including itemization of all damages to risk management I . Submit settlement statements to risk management for execution r . Submit Sworn Statements in Proof of Loss to insurer(s) . Forward settlement checks to risk management I i 38 I ~ A. GOODMAN-G ABlE-GOULD / ADJUSTERS INTERN A TlO;\! AI. I ~ ! Project Approach (continued) I Phase Rve . File replacement cost claims for building and business personal property where II applicable holdback/retainage is available to be paid in a timely manner ", i J ~ .~ , ~ I I f .1 : 1 L . , -J I j : 1 i I [J I I I I f 39 ~ A, GOODM:\i\i.GABLE-GOULD/ ADJUSTERS INTEr~:\ATlONAL I Staffing for this Project and Qualifications of Key Personnel I The Goodman-Gable-Gould Company (GGG) is a Maryland corporation incorporated in 1941. It is in good standing in Maryland and has been active and qualified in Florida as I a foreign corporation since 1999. In addition, the name "Adjusters International" is properly registered as a fictitious name (DBA) with The Secretary of State of Florida. I The principal shareholders and directors of GGG are: William Goodman, Florida Public Adjusters License Number: A 100644 .-, 6 Reservoir Circle, Suite 202 U Baltimore, Maryland 21208 (410) 602-0800 I Harvey Goodman, Florida Public Adjusters License Number: A 100570 Lawrence Goodman, Florida Public Adjusters License Number: A 100587 10110 Molecular Drive, Suite 300 I Rockville, Maryland 20850 (301) 881-9230 + Each is licensed as a public adjuster in multiple sates including Florida (see attached 'J licensing) and has been actively engaged in the business of public adjusting for over 30 years. Both William Goodman and Harvey Goodman are past presidents of the National I Association of Public Insurance Adjusters (NAPIA) and speak regularly at industry and trade conferences. Each is a recognized leader in the industry of public insurance I adjusting. There are two Florida resident offices, located at: I 6767 North Wickham Road, Suite 501 Melbourne, Florida 32940 , , (321) 255-1434 3300 North Federal Highway, Suite 275 I Ft. Lauderdale, Florida 33306 (954) 563-3074 I While there are thirty-four (34) licensed GGG public adjusters in the State of Florida, as well as a full staff of inventory specialists and forensic accountants, the project team would be led by our resident Florida licensed adjusters under the direction of Pat J Cuccaro. Mr. Cuccaro, a GGG/AI Principal, who is situated in the Melbourne, Florida office of GGG/AI, also supervises the GGG/AI adjusters and staff in the GGG/AI Ft. Lauderdale office. r I I 40 ~ A@ GOODMAN-GABLE-GOULD/ ADJU5TEf~S INTERNATIONAL -, I Staffing for this Project and Qualifications of Key Personnel (cont.) ! Pertinent biographies follow: I Pasquale (Pat) Cuccaro, LPA, Principal, Senior General Adjuster, Regional Manager, has worked on behalf of policyholders since 1982. Pat is active in NAPIA I (National Association of Public Insurance Adjusters), is an officer in FAPIA (Florida Association of Public Insurance Adjusters) and has served on various committees in each organization. Mr. Cuccaro is a licensed public adjuster in numerous states, :] oversees all of the GGGj AI Florida offices, and has been the lead engagement partner on numerous multi-million dollar claims to include Monroe County (the entire Keys area of Florida), Orlando Family Resort, J.G, Financial, Investment Equities of Miami, Drucker I & Falk, and Cunningham Capital. He has also worked with several law firms in providing consulting advice and litigation and trial support. (Melbourne, Florida office). I David Pearce, CPCU, brings 24 years of experience as an adjuster to GGGj AI. Mr. Pearce has a BA in Accounting from Rollins College. Lastly with Travelers Insurance, he , .~ worked his way up from Claim Manager of the Mid-Atlantic region, with experience in the adjustment and settlement of fidelity and boiler-machinery losses, to the position of ' I Commercial Regional General Adjuster, where he was responsible for the adjustment i and settlement of large commercial property losses in the southeastern states, handling many national accounts. Mr. Pearce typically maintained an inventory of active claim files with an aggregate reserve total of about $20,000,000. As the exclusive general I adjuster for all fidelity claims in the southeastern states, he accumulated extensive experience in the adjustment of business interruption losses for mercantile and industrial risks. Throughout the years David has taken numerous insurance and claim tJ training seminars and classes with the American Insurance Institute. Mr. Pearce is a current or prior member of the Loss Executives Association, the Society of Charter Property Casualty Underwriters, Blue Goose International, the Washington Claims I Association, the Virginia Claims Association, and the Mariner's Claims Association of Baltimore. (Ft. Lauderdale, Florida office). J Larry Sherman, Professional Loss Consultant. Larry is a licensed public adjuster in numerous states who has an extensive background in insurance and business I management. He is a current member of Florida Association of Public Adjusters and SAHMA. He is also an active member of Central Florida's Ohio State Alumni Association. Mr. Sherman has been the lead engagement partner on many multi-million f dollar claims, such as Riverside National Bank, REH Capital, Castle Carpet One, Sea quay Condominiums, West Jacksonville Church of God, Chipley Motel Apartments and Lake Ferry Motel. (Melbourne, Florida office). J 41 I , A. GooDMAN-GABLE-GOULD/ ADJUSTERS INTERNATIONAL I I I Staffing for this Project and Qualifications of Key Personnel (cont.) I Paul Ferraro, Professional Loss Consultant. Paul is a licensed public adjuster in Florida (as well as multiple other states) and has an extensive background in construction and storm restoration work. He is an active member of the Florida I Association of Public Adjusters. Mr. Ferraro is particularly skilled at not only the field work, but the intricacies of the computer programs that are used by adjusters and insurance companies to prepare and negotiate complex insurance claims. He has I worked extensively on large commercial insurance claims arising from the various hurricanes that struck Florida in the 2004 and 2005 hurricane seasons. (Melbourne, Florida office). I I I I I I I I I < fl A. GOODMAN-GABLE-GOL:ID/ ADJUSTERS INTERNATIONAL ~ ~ Staffing for this Project and Qualifications of Key Personnel (cant.) GGGI AI Licensed Adjusters in the State of Florida I i Name License Number State Black, Jamie E144101 Florida :1 Brucker, Joseph P122302 I Florida Charkatz, Neal P026882 Florida I Coles, Randy P104463 Florida Cuccaro, Pat A058880 Florida D'Amico, Tony A060873 Florida I Davidson, Phil A307598 Florida Denison, Karl A066039 Florida I Ferraro, Paul P095332 Florida Flax, Barry P026057 Florida Gerke, Eileen P150402 Florida . , Goodman, Billy A 100644 Florida I '. , I I Goodman, Harvey A100570 Florida I ; Goodman, Lawrence A 100587 Florida I Goodman, Randolph A100618 Florida Gorelick, Andy A 101150 Florida ; Grady, Mike A 101841 Florida Greenspan, William P116544 Florida Greenwald, Scott P038070 Florida I Harper, Jim A 111435 Florida Hayman, Keith E130224 Florida Henderson, Barry Keith E049653 Florida rf Henkel, John E149348 Florida l..i Katzenstein, JoAnn A318806 Florida I Keyser, Allyn Buddy P104034 Florida Lombardo, Carl A157701 Florida MacLeay, Andrew E149350 Florida I Pearce, David A202649 Florida Peqelow, Tim E135384 Florida I Roof, Jim A22541 0 Florida Sherman, Larry E045724 Florida Suter, Steven P156835 Florida f Tracey, Robert A259791 Florida Twaddell, Jim E130222 Florida West, Richard 0021241 Florida , 43 I ' " I ~ --,~-- --, -->- - Tlli'SUIIS/flu,' ";.'1, -" I A UCENSE NUWIlER 8420-421-75-094-0 ..". ...."'f JAMIBALEC BlACK I .. "j 1040 WILD CHERRY LANE !"",",.' W&1JJNGTON, FL 334147'904 I.... IIRTIt DAlII SEX HGT. REST. EHDORSl!. 03-14-15 M 5-08 " .r -- EXPIRES DI..'.UC/(m I 1'1-1843 03-14-10 ()().0040 I ~ -- , POlO3111-r 0paraII0n of alllDlotv.hlcle con&lIIl1..~ to onysobrlety lest.-.qUred bylaw. I I ~ -~ '.-. ; " 1 -~.:;. '- l. :. \ ,;:-~ ~ . , . ,j' <.~ 1 t.. D ;", e ,:>1 >"tnflda - ~. JAMIE ALEC QLACK ..... .~ Numbet' E1....101 , .......10-........ f'<lU.OMta .......... _ I hbUa ~...te:r - All Li-.. 02/01/2005 .:..'~s;nE.~-r - , I I I I I I , . I -.-.------ I I P122302 I JOSEPH BRUCKER I 6 RESERVOIR CIRCLE SUITE 202 8Al TIMORE, MD, 21208 I I 0 I C I Attached is your Fl Department of Ananclal Services Ucense. Please remember to sign the back of your card. I If you have anyquestfons please contact the Fl Department of Ananclal Servfces at (850) 413-3137. I I ~ ~ I D . 19 I I I P026882 n NEAL MARC CHARKA T THE GOODMAN-GAB 6 RESERVOIR CIR S BAL TIMORE, MD, 2 I I r - I I D I Attached is your FL Department of Financial Servfces license. Please remember to sign the back of your card. ~ If you have any questions please contact the FL Department of Financial Services at (850) 413-3137. I I D ~. --------.------ TOM GALLAGHER Chief Fin. .. r"'" I I State ....Si,. o -!,:h.' r/> NEAl Z : ..IJ . ~. '~ fl I r - I P104463 I RANDALL BLAIR COLE 6 RESERVOIR CIRCL SUITE 202 I BALTIMORE. MD, 2 e I I jJ:, I I I Attached Is your FL Department of Financial Services Ucense. Please remember to sign the back of your card. If ~ have any questions please contact the FL Department of Anancial Services at (850) 413-3137. I E ----. - I ~~~-..~---~-~--~~ - -~~------.. ---~..--~. I I L "-------- ",- I D I I , I A. y. j:~> C->jF"'; :'~''W4~'>' ~}.,.-. . 'Y,o~ '~~';~-'~':{\"~j~i'i~:~::..~ . I D I 1 - I " " .- I . ,. -5.' ~. " . . ,I I .." -I f~t tl . 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'1~ .,'.r...... .,,' , l)" 'i'" ). .~: ..ll .'. _~'. .,' ,~ i r ~'c~"'.r"~ ",', """ ' .~,. ,.' .: ,", ',' "'~ ',' I -,_z, '''? ~ -, '... f" _ _" ^ ": -" &' ;: v.. " 'Ii ..J ",..\- I I Attached is your FL Department of Financial Services license, Please remember to sign the back of your card. If you have any questions please contact the FL Department of Financial Services at (850) 413-3137, I I C ~ ,,( c:( SIf.K ".! ~''''lIIGlaj Qtfker I ;!it~ 0( Flbrj41 EILEEN R GERKE UcenS4i N~;'81~04G2"<~o "I~....._I~_..-.... . J I - I I FLORIDA DEPARTMENT Of INSURANCE HARVEY M. GQODMAN Uc.n"""~"7. IS lq:Ns1iD -ro T FOl~.<,(. _.E_ I N~r.!.sfiu~ Adl-1>roperty_& C~lIlty - ~ W I -- ~- ~,~\.;t.., ;;;____ - :;-~ ~::;, . ..:~ - - ._~:. ~-a. n - ~~ ~ j OIlS ~ InUIt "- lIIlllCtioe apPojntni~~-itwI ~.{JI""p..,y., kK NlliUl PIOductI or -~. ... belng marketed. See _ lot add";",.a' I ff -t'JHementa. I , \ I \ \ I . I ---. " -~. D I I I I I I. ",... , >~. ~-.' :. - ;-'.'. . ~.., "-'. J I . I FLORIDA DEP,'\RTI\1ENT OF lNSl1R.~NCE LAWRENCE H GoooMAN license ~ I IS LlCS<SED TO FOlLOWING : Nonris Publk AdJ!. Property & Casualty - I - ,...J ~ - ,. . . I ( ~ " 10......4> U ..-..~ -' This Ilcen.e. ""'" have an ~ .~ "'*h ... "-w or 8nlpIoyw lot I wIlic:fI JlrI>ducts 0( ~ .t" being matlteled. See --lor addIIlon.I ~. U ..------- ---, 1 1-- ------.-..~ _. - - .-------..,- "'-- . ----..------...- --.--..... D ~. '- 1 IMPORTANT PLEASE READ CAREFuu. y I t. u....-.., """ __......... _.. __.............,......... __.. .....,.". "...._10 -.... ___.... _ _..... ~ ~ -! ............"..., --........... ......................... --......---........... ~ """''''-at,* ~..... "'" ---... ~ o..-....:t at........~. ~ 1IIa"'-........"_.....1. _...............~ ...__. at......1olN -...... ""'" ....-. -. ... """"*-......... 1 ....... Ie.......", os . ..... -. J. "'*",- -.........,. -..... '-ow" __-....,....,..... ~at.....-........... '" ~fo~....~......... ~~.......t5.__. ..~._.......~ .. na~fS >>.- fllIOtoetrY Of' TJ1E FlotlttM ~Of'~ ~f<<>>IFv1f1!'~ ~Ta...., LOST Oft IlOlet. T2037741j 1 / 1.-.' .,If ()f~4~/~--<._ ~~~ t <'/.0 v~ .~_ m 1 J I r ~ ~per~ . I .-- n I I RANDOLPH HARRIS GOODMAN I THE GOODMAN GABLE GOULD CO 6 RESERVOIR CIRCLE STE 202 BALTIMORE, MD 21208 I United States of America I ------- . .. .,.- I I NON-RESIDENT (JeENSE I I ~.=:::;:.-:::::. .. -~::1:'- == -~ ~PAllTMENT_~_--- -.--. , ...... --.~ .-. I --,-~. ....... /' I ',,, I NON-RESIDENT UCENSE I .o:.~~==~~' ~-::,,~--~.;.j~. '-"'.1 "' ~."._".__'~~/IIIi"""'l J ---~--- ~ < ~---- ------- -._-----------~, "--..-. ~ ---- f" .... . . ~. . - .~--. I i.. ~ -- . -' "'" ..~, - ..~.._~ '-"'- I . FLORIDA DEPA~~,;~~~NCE ~ .~~c I IS~Tln "~_ -'.... . ~.C1 .'" _": Nosir~s Pu . .... ef .: AII!tD'!-: ': ::: \\'~~"" ~-; ==' -... - ",-, ..:--. :: . -~" - n .:. - ~.~ ~ - . - .-. " ;t."- . "... .' ") ~.:. ;;;~>.../::" . .~: .:, .~~. TN. IO.._InUIl'-an...... ~~tl.d4~fot I whIdl........ or....... _ being __ SM ~ lot . . ~~ . - ~ . ~ "--------------.--.- ---.-- - -......~:--._-.._-- S . -, ~ "-'", , , ~. '" ::\:. :~:.:. ", ~l.: . ~-. .~...... . - ,. ... . '., . I . . -, ""' .. .">~. ~. "' ". . -'. I ,~ .'. .... . I I ". ~ I ~ '." I , .,i < I , - I ., .~ ~ I - r I I I ANDREW NEAL GORELICK 133 ROLLINS AVE STE 1 ROCKVILLE, MD 20852-4040 :1 I I I I Please Read Carefully Your new Florida insurance wallet license is enclosed. Please sign your license on the signature strip on the I back of the license caret This license has been produced by Assessment Systems, Inc. (AS I) under authority of the Florida Department of Insurance. I If you have questions about the production of this license, contact ASI at 888-274-2020. I We wish you success in your insurance career. I FLORIDA DEPARTMENT OF I!\SlRA\CE ANDREW NEAL GORElICK ~. Ucense~A101150 I IS UCl!tCIED 10 TlIIHIfim n<< I'Ot.I.Oll\IHa QASIIS Off' IGJlWlCE Nonres PubHc Adl . 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";~ I SUITE 202 ,~, , i~' t};';;F..., \ BAL T1MORE, MD, 21fPt:~tl". ". " . ' ,,,;;' \. t". 't<~;'.~ . : I ,;::"~'{, '~r . W;;~i'i::; . .J '. '''0 ~I', r~ "".6 -,~ iL f..,;, _~~j -..' . ~ t . .....~ ;~" .\. ....~_ ". .0;.;.' 1l'~'"~,,,, :. "-~,.." .'J.,- ';';~;-.r ~.~.. . " :,:1::' ;. ;':c" \Iif,.' ,,t1:...:; . P:.~! : . . ","';'tf' I 'c,!".,; .,~,; .lJ.1 "f;" ..\V-". ",' \ -, '...,. :""""",. . ' , l.t ~ .. .$" ~ ". " . i ;"~'':< ~ ,. ~ l 'L~;1" ~. ,'J., ;0'''' '..:If , . .. ,,*,' " J.. "', '" " . ' .. ~.j;:;.r. ~ . .'~~,: \' ~.' ....'1. <' '"!i'li~ ' j~ r,< ,,:..,,;(.:;<'3-.,, ,..... ;: . "'~", If...."...". ~.~. "..IM, '.,. . ,,,:: .~.'t.::~i:I';"~~~,,", ~.:"~'\Yt- -' .. ~':i;\ . " '" ,..~. ,. ......'.~...Y lJ,,~;~.. . I, -;",;,~ '~'~;~V"i.,.' " ,,'':'(\, ,'l'f.,'~- rJ . 1o..lbllil . I ,/ ""t.,:':' ~ ; ~ ,.f .... -; I .- ~ ~--"-'--'_'N<. I . I~-~~ ~ . .,. '.';i."");.'<y;p.'Y..'.i.~' .". .",.,~i:\,,~ I (~',;IT.i::~~~i;~\%*{'iN(,'~l;i~1ii:2'...';:'. 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Chief FlOa\lC , sta~e. ,*F " SCOlT-P:6 - - I Uc. ~ ~f",- t f ~-C_r)O -: '- . k~--~ - .r ,~ ESIOENT ~. NON.R _ ",' 'I'C ... I LICENSE ~ ~_;At. .~\'!. 'f."4-::':'";~; ;9'~" ,"'1<"" ~. ~~ .._ l1li[...0\. ~..,...! __ 'WI&./;)" .... ~ 1 ! PAGE OliO::' AGal.J--ITIG ';iUJTH SEAS. _ 03/02/2005 1j,1: ,): /.3'34727545 I -~!~di- '- /fJ: I I I I D ,. . I . I f I ( I , .. -.. I . I I . lMPolO:A.NT PU:4s8'.Q.w ~LY- I I, u..n...i ""-'........... ~...IlIl.....~.......""'-or ~"..'*-..-..... .~........... ~ "'" .., "....~Cll'. "'-_...~ """'-....-.... ........1. -ot.--.,......._ '*"....... ~~-.... ,,__......<< .... "--e.;....... _...... ""'*"'.,. ".,... . ~___ ~ . It ""*..... WII-.., -.. CIIeft q -.......... "'~"r_ I .. Of ......... ....., an ... .....1'..... ....... ~ Il1o ........,.... ... 1Ie~_~_._....~ ~ :::::.::- -.........,..,.....,. -...,.,.,. ~.........,. """- .....~-==::."::i~'::::.::.oa:::. . I 4.~.nc~~~lOfl'~. ~ HOnPy lHIl . LOn- Oft Slot.s4. " i .. -, . , .".lIIV · HAl fIMORE ~ 002/00~' I 08/28/2005 1;J .':, FAX 2124908555 -- I [] I I I I I I I I i~~ : I I I I ..-. I ..- / . . ---".. D DE'AAnlE.'iT OF' Ff~.~~ SERvtCE$ I . I IMPoRTANT PLEASE READ CA.RDvu.v 1, U--1IIlW_.....,,~........ ~.;~:-'.-.cr ~ t.............. II....... ....1lQIIIf. jllMI ___ ~'llIIf lJ ~ ......- ..=.tIllMf...... . -................ '~---rt I ..~....,. ....,....,. I'bMa ~Ol,..,.,.,__ ........... I. ,.,. ............ '1IDrw flM... ~ ...... ---III ~ lor lNItIl .. ".........,........1Idl ~ -.... ~ W hi "" 1M ............... ... ............... 1.1l"___~......,. -... -..r1f...!'Ior* I ~fI",*,*, ..__~ 1la00lllpr"'~ ....... ......... GaIIIIIlM M tauI1l, . 01'''' ""'-' ....... ...".....,... 'ntIl'flONfnyM1ltr JI\OflD\ ~OI' ~ ! '%-..--............ I I ~~~~. I I i I ~.. -- r 0 1/ 0 B I 200 .1 1 2 : 44 F AI , ROCKVILLE I4J 003 B I I I D I D \ -~- - "-- - -- - -----" I D I I I I I I IS .. I r I "f. I NON-RESIDENT UCENSE ; I ~:...~=.. ~....:...-c: I ' =-~ _.DBP~()FFJ. '. , I I I ~ ,'- . , I I IMPORTANr p~ READ CAREFULLY I " u..- ........,...... __ --=8II"'1ppCloIr*'-I by WI ~ Num or ~....-- IIllCllng - a-.J*a.......... N*......" ~ InIInnecIory ~ .. allMlh _ rtoI< 1I'llIrMIger, ".,.,.. should '- WI """""**' ~ III.... - - Oft..... ... Oepamw,t. . ~ _ ....... 0( I .. bo-.'e -.. ~.............. FIDrlda ~ of FirwlcW SeMcee IrIinedIeW, 2. me .............. _lien "'-'" ................ WI ~ lOr _ ..... of ~ ....., Oft ........ . .... ........ --. ... hIrIdu.I '" Irm ... . be ........ ......., _ a ...... ........ I 3. ......... - otaNcI by...... a..... -.... ""-<I by ... FIorkII ~ of ""*"*' ....... ... .... II ...,..., 10 ......... .... C<ll"IlInutlg ........ '*"*-* 0llIllIIned III eaat!,12lUI58, or &II.3IIIS Fblde Slab-.. 4, 11ilS UCEH8E laTHE PIlOPIlnY Of'lHE ~ DEI'lUITNEHT OF FlfWIcw. SEfMCE8. PlEASE HC/rW'Y lHE IlEPNmEHr lIolMEDIArElY F lOST OR S'TOlEH. D -- -- '---- -- , ~ 1 .., II r; I I ~ I rOM GALLAGHER .. Ctller F,"'IIJ<;~~t" Stall! qfF ti.'.! I JOAN~n~ ~. I Uc~,$~ ~~~ - UDlt.'-_ 1.- .1"'~~)Q-.......e1~ ~b1~ H~t~,';~' . i; Affl3/m~ RESIDENT L~~ ~...' . . '1.; t~ t' - o~ll.la" LICENSE r.ti'.'! ~ l!.:.f'~ - ~. """"'4}'.2lf/un n P11bl~,,~idf..~'i.... ~ ":E 07%P/2oo~ " "'~"" . fI:: '~ ~~-"~~~ . - I ".'>f "-#1. ..~ ......... I I D I D I ~ I I D I j j . I ----.- ..---....- . ----.-- '-. ...-.------ i I ___ I I I I P104034 (.' I 4 ALLYN BUDDY KEYSER . j. . i:' .... ..' ,JIf'1. I 6 RESERVOIR CIRCLE.'.:: 'e,'" . ;:~^'.~,' ...:..;....,......,;..'-' . """':"".'" .., .< . ,. "J,., ~ ".,"'., ,''1; """ SUITE 202 ; ), ~""f ',!li".:l4\' ..~,"~~".:" ~,l ' ; \:~,~:T' q."". \."~'.. BALTIMORE, MD, 212Q,~? ;; " ';Y:'~; . '.' .. I .!'~'.~"\;;:,~,\ ... ;. ~:,." ;\t '.'.':1." I :st".L ,,'J;" ..,', . ~,. ,. . . '. j.'."""." " .~"". . ; ,"."". .~~-.:..::.:4~_.....~~.~. j '. '.:.' - - ". .... -'-::?~:,k~ f. .. :.' '1#..' .'. ::1-...1,. ' .; ". .l.'~"'.".. '.. '.?'} 'f;,., 'j;.'. .,~ ....'...'. '~".' --.t',...! .1~.: --..: -'~--'--~:.j :';. ';;\>;.-~- ~<'>-- - "':-, .:~i>--~"~.~'-;;~.; :t'f:' ~-- , I ( 'f 1 t.. . " . ',-,' :...A.} 1~'f("'" .' 'l~",. fl';C {, ; ..,.., ~ '." #:~....- ; ~ ,,;..;c;.,.:), b.._ ' ~'1 ' ...,- .~.."," ,.-, '~. " '1' "..~ t,.\' , .., t~,,:_~' ... .,i":l I .... ....,~~.. "'~- 1/" 't. . '1:',''C.~i ; ".h;J '~'* k."o~~""~" I /"""'~' ':f~ ~ }', ! ..,., "" -'f ~' . _ -,' _. ',,-'.: .,i '~~ ',' ~ 1___ \._ - , . ",0 ftrl Z \. 11"6. 'l"'1" f ,.;;1/ ~ I I Attached is your FL Department of Flnanclal SllfVlce. license. Plea.e remembllf to sign the back of your ealt!. If you have any questions please contact the FL Department of Financial Services at (850) 413-3137, I I - , ~LEX SINK ChIef Flnal1clj!J Otfjcer I .S.. tate.. otF.lo.n.:..d...,.'.... ALL ~~tJDOY KEY$~ ~~NUmbeip1~,;_ .t I I C .. A 157701 I CARL S LOMBARDO I GOODMAN-GABlE_G 6 RESERVOIR erR S BALTIMORE. MD. 2 I I - I I . I I Attached is your FL Department of Financial Services license. Please remember to sign the back of your card. I If you have any qtJestions please contact the Fl Department of Financial Services at (850) 413-3137. ~ . I I C - .-:-1 _____ ---- ---- TOM GALLAGHER , Ch"f.~i),"., I Stat~.. --. *-"'..IF--. 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I I I I I ---, r I .&..... TOM GAllAGHER '. CI"'lFm'A'i~ .,. , Slale ?F Wl . '-'J~' ": I " DAVIOE;4l}E~E;-;<..., Uceq~N~~ .." 2.4f"'-'.....,j.. .~JO~rtJ. ,-,!!",-..~ ~~io ~jU8te~ ~ p~ 5 ~. d3i2J/2006 D RESIDENT = LICENSE :i," I ~ llC........ """It 11",. Ml '''::',... "0<- ""."'~:;t J..'fWtJ(-~-"'. , tn1Uc:,,... -~r ,,-Hen ~~,. ',>,'1 .,. ~ m~"j D I D I ~---- --~--_._-..- --. ~"-----""""----~'''-- - --,,~--~- -. '- - I; j I I DEPARTMENT OF FINANCIAL SERVICES IMPORTANT IHFORMATIOH PlEASe ReAD CAREFUU. y 1. A.........,..., "- -- -....... """'*- .,.............. Of~. W --........"""*" - -,........... .--~ -.-...., you "--...~_.._---.........~, .--_of I ---- -. ,.., "- --... fbIdo ~ of "'- SaMaeo...........,. 2.1hIa--........w__.._....._..~ ....-_of --.... .-.......- -." "-- ....Ioa~lo......,...__ --- 3. ...--.---.,,....... __.-._.,.. fbIdo ~ of "'-- ---...........................,.... -... -- --..-. --_In Q~tS......,. fbIdo __ A....... __... -...__ '""'*- D .........__..:?l!Il.t~..:. I (t)~.? 'J--::>~ l ._~--~ -"- -~--- -------.-------------- .. -- . ----------- I Ee~~ '----/ I I I [I TIMOTHY J PEGELOW -.-, THE GOODMAN-GABLE_GOULD COMPANY 6 RESERVOIR CIRCLE STE 202 I BALTIMORE, MD 21208 United States of America D I I I I I I '-----.. ----. I I D I :1 ., _..~. ~ ~ --~~ I ,~ .-/" I I I I I I '~;:;":.,..>'i'~ ~ilI '" n o '" ,. . ~" . I m- ,. 2 Pn .. (I) 'Y m "'~ .'. . -i ":i,32:~~~ I ''''-to. If~ f] i . . m "'~ I fI:I Ai':;;p &fZCI) it5r I II 2.~ ~ ~ i f I ~Q~ ~ I, ?~Z 'f~ gOT. . ;;!! " : II g I ., "i~ e Ii I ~l ~ Co> ~ 0 0 .... I I I D ; ; I I n I D - I 0 .. '.'.... . , ....... --',". I' :::.~.'~?/~:'::,;:'.::" -.;. .... i'_ '-"'., ..,....--.. " '.' ;- '" <.' ;...;. .;.- ~'~', . ......... . -~. ",". ", :.-:"?::..::':-:':,,:,~::,:_-,,'--_. .- " ;">.:':..' ..... .'-',"'. .... .. . : . :'.:' . ~.. . . ,. .. .'. ...... ',. '. - . '. ','. -. .. .. . . . " . I . . " ", .. . . . _.,."'t .. .".,,'.. . .~ .'a;:." ~ . ~ ,"" I ....... " . . '. " " I ._ 'J, " ,". '. f I f : '!;" " 1 .. I .,' ! ~. ,; . . .... ,'h" . ...:~, .\:-i.~/:t~~~~.': ~~'...:~".:.- ',' ; I I.~~-;:.,~'-' ~... '., . .' ,~. :_~~....:..~~~.."i--:,'~=.::."$::~. :: .. .~:J.':;r:>1;;c1 :..::",,<,,<' .;::.. -:.~;'\~\,;,i,:-y(::':'::'):':'~'<' :r:- ' .... ~;o)__.. I,; . '" :~ ,'3~E J..~ -~,'.=-.;::_-~=-->....... .r4' . v..~:~~~!.;}~:;:~~.~.~~... ~.,..:.: . , ::-:,-. . : ',' :! :'-::.:.:...t,;.,':': ',.". D" .._~.- ,... .. . . "'. .~'_. . ..:--r.... ,1. :- ,'-l':-; <. ,* ~~.>.:t::~..::}.. :. . .. ',.'-.".., '. '. ~... .',- ..' ''', .'. ':~.:;.-: . '::-:.' ;'.':-.r:',: I';::::";"::"::"":" ;'.;--.,....:..... - '," '.....'0....'.. . '..:',.' .-.:';: 'J,.'"-::'. - > '''~~--)/:~ . ",: .~..:.'" _: -. .~;;);~-,~::~_.~~\:,.. :_.: 1 J ,.~';~\~.i.,~.~:r:~.:~:~<;~:~1~~~,~~:0~7t.0.'/,<:~~;:. '.~,; .-c. ... -. "",' , I -- ..- --. ~ I I I II I I I ~. FLORIDA DEP.ART:M.e,NTO~ INSl1RA.NCE LARRY ,,!1g,(A'~~I~t~ I ~~.. .~c"~" ....."'_ eua.~-.... . Public AdJ"u.... . .~-&' Cas . I RESIDENT UCENSE I J ~~-:::"''-;.~r''''''''''l''~'''-''''''''''''-'ft..... . ". 'c, .' '.__ p... "--I''',.,..-t,.';-.., I I I I I .1 l I g c_.__~ I I I P156835. .,~ :~).\: ~." ,.. .:;~':~' ~~'<--;~-': - I STEVEN G SUTER '. /.~"~:: '-"~~!;',~ .'.' .,. rt l .' 6 RESERVOIR CIRCL/7, '..:::!t"-l/o.;r'<:3.~ "., '"Ij,,,-,, SUITE 202 /) ; X,-:c,', '~}.;!.i, <...:.' 'N..~ ;,' r ;i.- - ,t.'......". . ~-'...e1l ~ _:... BALTIMORE, MD 21'~P~'i ~. .~:",":.;,' , I '1." .' ..,' , . . .. . -~ 'i ... .';' 1'~' '" i> ~'~ r,:' ~ . :"rb, : ~ ::;''''~~ iI' ,~~ / t I'~ ;: ,,, ';' ~ .-7~~?"'l J." ~^" ""~, ~ ~ :\,0;: - ~, ~ d.,fll '..!$. 'r.'~ -'~ ~ '". '. ,J..,.. A A /L \ . , H'" \ '.;!~~ - ~ '", 1:0';--.. ;-:r'r'~.' l~ '" ~,,~I D . . ..,.1),. '\i'~-'JI~ '>J.,..,_~k...,J:;~ ". <i,ii':,:;:~,"..; ..',;i{f!': : ~. 1.' ",f,{) 1'"" c .-,+~. .~-, ")~' "-A\' . . 1). ..,:11 ,.. -=: -,'~ ,1-1', - _ ~ F ~__' ;'I;~"~', ;~<~ f.~~~ ~ "\~; 1- "U~.......;!~~..~"-.. ~ "\" t. I' q~_.." ;. !# _..t.oll ~~",,~,. l ' ... "'_ + i"-I.~"~J - - --cj # 1& '. '. J ,;, ',{: ;i.. 4' ~ ,I' ~ I . "', '. i., " "....... ,.! h I t ~ I 4 ~ .. . ". ~ . '--.' '.I""'..'.... '.' '."'filf"" ""'~' -'~_"_.L.-:~':tjJi.~-ri-'!1~~} (, ~~-~:~. ":~.'~.'. . "J;~'Ij~":"*'" 'J . . ~. L ^ ;""~'" ' I ?'r':'~' :J~~~' f .' -1>~ ".<z "ii<.. i' > '"",,i'ff;SI"" , ,,~~; _, -7r' -t,\f?c/:: I ; :/ :t ~ ;;t"~' . , I Attached is your Fl Department of Financial Services license. Please remember to sign the back of your card, I If you have any questions please contact the Fl Department of Financial Services at (850) 413-3137. I I E ::.. ALEX SINK "- Chief Flnarlc e~, SI~I.qE:F : ,.it/; I STEVEU~S4 ".... ~r ~'t_. ~.__ ._? Uc'tiN 613._. ~,~'" ' _..~,~~~. 'I -~-- ~ I I A259791 [ I ROBERT STEPHEN TAC~ GOODMAN-GABLE-G pi, 7~ , 133 ROLlINS AVENif~ ,,1 . .. .. ./.' . ROCKVILLE, MD, 20 ",.i ,', "ir"., I ,t ';l~ !'. ;c}.,.: '., -.', " '~,,->- ~:r\' " '-, .'L~.@,.~~:: ' .:. I . :::f . -'~~~'f" co,- ,,,"''' ~ '....'"' iJ . ~ 1- ::-....~ .~ ~ ~. :,,-, ,y, ,\' - '1; -f7 ' t-< -:. I "tt I' ..",.", ,:.,,'......;, ".;, "11 ,.( ~ 'r ~ ".;. t-. -..' ~' ,'.-" ;" ~ _ . -t " ~~ "~;., '. ".;g:~ ;"''; ',* ,,' '.,< J. ~' I : S');;;~~V4,') .'f)f~,:(,4;~> ,l~i I >'~., <i "~ . .,' ~c l,,, ~" ;r/(,:,:~'{'>); :"+'~~ ,f. I I I Attached is your FL Department of Financial Services license. Please remember to sign the back of your card, I If you have any questions please contact the FL Department of Financial Services at (850) 413-3137. I I I I "'"---------...-- I ~~ I I ... I I JAMES S TWADDELL - " THE GOODMAN-GABLE-GOULD COMPANY I 6 RESER VOIR CIRCLE STE 202 BAL TIMORE, MD 21208 United States of America I I - . ... _.,,"----- -"- ,- I NON-RESlDENT lICENSE I. I '-- G I I ~ I I A. GOODMAN-GABLE-GOL'LDj ADJUSTERS II\.'TERNATIONAL I f Other Information I Goodman-Gable-Gould/ Adjusters International has presented the details of various public entity and commercial insurance engagements in our response to this RFP. I These include claims in Florida as well as other storm prone jurisdictions. In addition, engagements from both the public and private sectors are included along with I reference letters from the subject clients. However, there is one engagement that stands out as particularly responsive t to the RFP. That is our continued services contract directly with Monroe County. The details of that prior work are set forth in Tab 3. What is also very important to focus upon is the experience and steep learning curve that f has already been established in this very positive relationship. Pat Cuccaro, our Florida Regional Manager, has worked closely with personnel from I multiple departments and agencies in Monroe County for over a decade. That experience has led to a qualitative understanding of the needs and goals of the County with respect to the insurance claims process. Just as important is the mutual trust that f has evolved between Mr. Cuccaro, his staff, and the various personnel of the County involved in the claims process. As one can readily determine from the detailed scope of , services set forth in Tab 4, this experience will result in a continuation of the excellent service, results and overall relationship that Monroe County has come to rely upon. That relationship has evolved beyond the claims process. Based on that mutual trust and f respect, Goodman-Gable-Gould/ Adjusters International has also been able to be a valuable resource for various insurance and related restoration and risk issues outside the claims process that arise periodically for Monroe County. I We respectfully submit that Monroe County will be well served to continue that relationship with a renewal of the services agreement with Goodman-Gable- f Gould/Adjusters International. I t I I , I 44 A. GOODMAN-GAHIFGOUD/ ADJUSTERS INTERN/\!l( )\:\1 Litigation (a) Has the Proposer ever failed to complete work or provide the services for which it has contracted? (If yes, provide details.) ANSWER: NO (b) Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the Proposer, or its officers or general partners? (if yes, provide details.) ANSWER: NO (c) Has the Proposer, within the last five (5) years, been a party to any lawsuit or arbitration with regard to a contract for services, goods or construction services similar to those requested in the RFP? (If yes, the Proposer shall provide a history of any past or pending claims in litigation in which the Proposer is involved as a result of the provision of the same or similar services which are requested or described herein.) ANSWER: YES The Proposer was retained by the Tiara Condominium in Palm Beach County to assist in Tiara's insurance claim following damage in the 2004 hurricane season. Despite effectuating a very favorable settlement expressly agreed to by the insured, the insured refused to pay the full contractual fee due the Proposer. After protracted overtures to settle, with no reply from the insured, Proposer was left with no choice but to file suit to collect the fee due for services rendered. That action was captioned: the Goodman-Gable-Gould Company v. Tiara Condominium Association, In&u US DC for the Southern District of Florida, Case No. 06-80441. In May 2007, a federal jury, following a full trial on all issues, ruled that Goodman-Gable-Gould had performed all services as required under its contract and awarded Goodman-Gable-Gould the full fee due under the terms of the contract with Tiara. 45 j . Ace GooDMAN-GABLE-GOULD/ ADJUSTERS INTERNATIONAL I I I I Litigation (continued) I (d) Has the Proposer ever initiated litigation against the county or been sued by the I county in connection with a contract to provide services, goods or construction services? (if yes, provide details.) I ANSWER: NO I (e) Whether, within the last five (5) years, an officer, general partner, controlling shareholder or major creditor of Proposer was an officer, general partner, controlling shareholder or major creditor of any other entity that failed to perform f services or furnish goods similar to those sought in the request for proposals. f ANSWER: NO I I I I I I I I I I 46 A. GO()l)\1AN-GABLE-GOULD/ ADJUSTERS INTERNATIONAL County Forms Please see the following . ..