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Item C01
C.1 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District I y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting June 15, 2022 Agenda Item Number: C.1 Agenda Item Summary #10687 BULK ITEM: Yes DEPARTMENT: Emergency Services TIME APPROXIMATE: STAFF CONTACT: Steven Hudson (305) 289-6342 NA AGENDA ITEM WORDING: Approval to execute an Agreement with R.T.R. Financial Services, Inc. to provide collection services for unpaid amounts resulting from Fire Rescue emergency medical air and ground transportation services. ITEM BACKGROUND: These collection services are utilized after Fire Rescue billing staff have exhausted in-house efforts to collect on accounts. The collection services required are the same services that Seminole County contracted on July 1, 2019, through a 3-year agreement(with option to extend for an additional 2 years), with R.T.R. Financial Services, Inc. Fire Rescue has previously contracted with Municipal Services Bureau for collection services since October 19, 2010 at a 25% commission rate. Monroe County Fire Rescue now desires to "piggyback" from the contract between Seminole County and R.T.R. Financial Services, Inc. to utilize the same collection services at the 12.75% commission rate in the Seminole County contract. Fire Rescue requested written permission to "piggyback" the aforesaid contract from Seminole County however was advised that Seminole County will neither approve nor deny the right to piggyback in writing (e-mail is attached). The vendor has agreed to allow Monroe County to piggyback off the agreement. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: Agreement for Collection Services STAFF RECOMMENDATION: Approval. DOCUMENTATION: 1-5.24.22 EMS Collection Services Agreement with RTR, and Seminole County Contract 2-SEMINOLE-rfp-603466-19_pk Packet Pg. 25 C.1 3-4.26.22 Email Seminole County - Green, Maria 4-RTR-Permission to Piggyback Seminole 2022 05 COI RTR Financial signed exp 2 212023 FINANCIAL IMPACT: Effective Date: 06/15/2022 Expiration Date: 06/15/2023 and may be renewed after the initial one (1)year term for two (2) incremental one-year extensions. Total Dollar Value of Contract: N/A Total Cost to County: None Current Year Portion: N/A Budgeted: N/A Source of Funds: N/A CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: None Revenue Producing: N/A If yes, amount: Grant: N/A County Match: N/A Insurance Required: Yes Additional Details: None REVIEWED BY: Cynthia Hall Completed 05/27/2022 6:37 PM Steven Hudson Completed 05/27/2022 6:40 PM Purchasing Completed 05/31/2022 8:36 AM Budget and Finance Completed 05/31/2022 8:54 AM Brian Bradley Completed 05/31/2022 4:43 PM Lindsey Ballard Completed 05/31/2022 4:47 PM Board of County Commissioners Pending 06/15/2022 9:00 AM Packet Pg. 26 C.1.a AGREEMENT FOR COLLECTION SERVICES 2 This Collection Services Agreement ("Agreement") is made and entered into this 151 day of June. 2022 ("Effective Date"), by and between Monroe County, a political subdivision of the State of Florida,whose address is 1100 Simonton Street, Key West, Florida 33040,its successors 2 and assigns, through Monroe County Board of County Commissioners ("BOCC'), and Monroe County Fire and Ambulance District 1, by and through its Board of Governors ("District") (hereinafter collectively referred to as"County"), 0 AND > 0 R.T.R. Financial Services, Inc., a New York corporation ("Contractor"), The Contractor and County are referred to herein individually as a"party"and collectively as the"parties." c� WITNESSETH: 0 WHEREAS, the County is seeking collection services with respect to certain outstanding unpaid emergency medical transportation services; and 0 WHEREAS, Contractor is under contract with Seminole County, Florida ("Seminole County") to provide the same or substantially similar services pursuant to a Seminole County 6 Contract (RFP 603466-19/BJC Collection Services) effective July 1, 2019 ("Seminole County Contract"); and WHEREAS, Contractor is willing to provide such services to the County on the same terms, conditions, and fees as it provides them under the Seminole County Contract except as provided herein; NOW, THEREFORE, in consideration of the mutual representations, warranties and covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE 1 ENGAGEMENT 2 1.1. Engagement: County hereby engages Contractor to provide the services described on Schedule A, List of Services, and Contractor hereby accepts such engagement, all on the terms and conditions set forth herein. Contractor will determine the method, detail and means of performing the services as detailed on Schedule A. ARTICLE 2 U REPRESENTATIONS AND WARRANTIES 2.1. Renresentations and Warranties of Company: By executing this Agreement, N Contractor makes the following express representations and warranties to the County. LO 2.1.1 The Contractor shall maintain all necessary licenses, permits or other authorizations necessary to act as Contractor for the Project until the Contractor's duties hereunder have been fully satisfied. c� Page 1 of 19 Packet Pg. 27 C.1.a 2.1.2 The Contractor has become familiar with site(s) and the local conditions under which the Project is to be completed. 2.1.3 The Contractor shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed and shall be in conformity and comply with all applicable law,codes and regulations.The Contractor warrants that the documents prepared as a part of this Agreement will be adequate and U 4- sufficient to document costs in a manner that is acceptable for 0 reimbursement by government agencies, if required, therefore eliminating any additional cost due to missing or incorrect information. 2.1.4 The Contractor assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 2.1.5 The Contractor's services shall be performed as expeditiously as is 0 consistent with professional skill and care and the orderly progress of the Work. In providing all services pursuant to this Agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, 0 or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations 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 the Contractor. 2.1.6 At all times and for all purposes under this Agreement, the Contractor is an independent Contractor, and not an employee of the BOCC for Monroe County. 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 BOCC for Monroe County. 2.1.7 The Contractor shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this Agreement U or with the provision of services or goods under this Agreement 2.2 Use of Employees or Subcontractors: Company may, at Company's own expense, 0 use any employees or subcontractors as Company deems necessary to perform the services required of Company by this Agreement. County may not control,direct, or supervise Company's employees or subcontractors in the performance of those services. U 2.3 Qualifications: Company represents that it is qualified and has the skills necessary to perform the services under this Agreement in a competent and professional manner, without N the advice or direction of County. LO E c� Page 2 of 19 Packet Pg. 28 C.1.a ARTICLE 3 SCOPE OF BASIC SERVICES 3.1 Definition: Contractor's Scope of Basic Services consist of those described in Schedule A, List of Services in conjunction with Exhibit A. The Contractor shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the County. 0 4- 3.2 Notice Requirement: All written correspondence to the County shall be dated and 0 signed by an authorized representative of the Contractor. Any notice required or permitted under this Agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the County by certified mail, return receipt requested, to the following: c� For the County: Steven Hudson, Fire Chief 0 Monroe County Fire Rescue 490 63nd Street, Ocean Marathon, Florida 33050 c0 And: Mr. Roman Gastesi, Jr. 0 Monroe County Administrator Monroe County 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the Contractor: Mr. Robert J. Reilly Vice President/Chief Executive Officer R.T.R. Financial Services, Inc. 2 Teleport Drive, Suite 302 Staten Island, New York 10311 With a copy to: U) Mr. James Molenaar 0 Monroe County Attorney's Office 1100 Simonton Street Key West, Florida 33040 c� 3.3 Attorney-in-Fact: County appoints Company as County's attorney-in-fact for the U following purposes: 3.3.1 Billing and Collections: To bill and collect ("Collections") all receivable N submitted to Company by and due to County, in connection with County's emergency medical ground and air transportation services, and to receive LO all Collections on County's behalf and to sue for and give satisfaction for leg monies due on account and to withdraw any claims, suits, or proceedings pertaining to or arising out of Company's or County's right to collect such amounts. Page 3 of 19 Packet Pg. 29 C.1.a ARTICLE 4 ADDITIONAL PRODUCTS AND SERVICES 4.1 Additional products and services are those products and services not included in the Scope of Basic Services. Should the County require additional products or services they shall 2 be paid for the by the County at pricing, rates or fees negotiated at the time when services are required, but only if approved by the County before commencement. 0 4- 4.2 If additional Services are required, the County shall issue a letter requesting and 0 describing the requested products and services to the Contractor. The Contractor shall respond with a fee proposal, in accordance with the competitive pricing under the Seminole County Contract(RFP 603466-19/BJC Collection Services) effective July 1, 2019 and continue in effect CL for three(3)years with a possible additional term up to a maximum of two (2)years, to provide requested products and/or to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the County, shall the Contractor proceed with the Additional Services. Any additional services must be funded and approved by 0 the BOCC. 0 ARTICLE 5 COUNTY'S RESPONSIBILITIES E 5.1 The COUNTY shall provide complete and accurate information and cooperation regarding requirements for the Project including access to office accommodations, facilities, equipment, county staff assistance and cooperation, and complete and accurate data. 5.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to request for information submitted by the CONTRACTOR in order to avoid unreasonable delay in the orderly and sequential progress of the CONTRACTOR'S services. 5.3 Prompt written notice shall be given by the COUNTY and the CONTRACTOR's representative if either become aware of any fault or defect in the Project or non-conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 3.2. 5.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONTRACTOR'S services. 5.5 The COUNTY's review of any information or documents prepared by the U CONTRACTOR or its subcontractors shall be solely for the purpose of determining whether such information or documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such information or documents shall relieve the CONTRACTOR of N responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. ri LO IV- c� Page 4 of 19 Packet Pg. 30 C.1.a ARTICLE 6 INDEMNIFICATION AND HOLD HARMLESS 6.1 The CONTRACTOR covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys'fees,to the extent caused by the negligence, recklessness, or intentional wrongful 6 conduct of the CONTRACTOR, subcontractor(s)and other persons employed or utilized by the CONTRACTOR in the performance of the contract. 6.2 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. c� 6.3 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 0 required insurance, the CONTRACTOR shall indemnify COUNTY from any and all increased expenses resulting from such delays. 0 6.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. E 6.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE 7 PERSONNEL 7.1 Personnel. The CONTRACTOR shall assign only qualified personnel to perform any service concerning the project. E ARTICLE 8 COMPENSATION AND TERM 8.1 Compensation based on Specified Rates. c� 8.1.1 The COUNTY shall pay the CONTRACTOR for the CONTRACTOR'S performance of this Agreement based on the competitively bid pricing U outlined in Attachment A. 8.2 Payments. N 8.2.1 The Contractor will be paid based on delivered work products included in LO Schedule A, List of Services. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. c� Page 5 of 19 Packet Pg. 31 C.1.a 8.2.1.1 If the CONTRACTOR'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONTRACTOR shall be equitably adjusted, either upward or downward. c� 8.2.1.2 As a condition precedent for any payment due under this Agreement, the CONTRACTOR shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice 0 to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONTRACTOR'S invoice shall describe with reasonable particularity the service rendered. The CONTRACTOR'S invoice shall be accompanied by such supporting documentation or data in support of expenses for which payment is sought that is acceptable to the Clerk based on c0 generally accepted account principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. 0 8.3 Budget and Reimbursable Expenses. U 0 8.3.1 The Contractor may not be entitled to receive, and the County is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year(October 1 -September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 8.3.2 The County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. 8.3.3 It is anticipated that no reimbursable expenses will be incurred by the Contractor. Additionally, it is anticipated that this work will be performed remotely, but in the event that travel becomes necessary, expenses incurred in connection with travel authorized by the County, in writing, will only be reimbursement to the extent and in the amount authorized by Section 112.061, Florida Statutes and/or Monroe County Ordinance. c� 8.4 Term of Agreement. 0 U 8.4.1 The initial term of this Agreement is for a 12-month period.This Agreement may be extended upon mutual agreement of the parties.The N Agreement may be renewed after the initial one (1)year term for two(2) incremental one-year extensions in accordance with the term of theLO �! contract with the Seminole County Contract and an additional term up to a maximum of two (2)years.Any renewal of this Agreement must be in writing and signed by both the County and Contractor. c� Page 6 of 19 Packet Pg. 32 C.1.a ARTICLE 9 INSURANCE 9.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. 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. c- 0 9.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty(60) days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 0 9.3 Contractor shall obtain and maintain the following policies: 9.3.1 Workers' Compensation insurance as required by the State of Florida, 0 sufficient to respond to Sec. 440, Florida Statutes. 0 9.3.2 Employers Liability Insurance with coverage to be maintained throughout the life of the Agreement, and include limits of not less than: 9.3.2.1 $500,000 per Accident, 9.3.2.2 $500,000 Bodily Injury by Disease policy limits, 9.3.2.3 $500,000 Bodily Injury by Disease, each employee, 9.3.2.4 $500,000 Bodily Injury by Disease, policy limits 9.3.2.5 $500,000 Bodily Injury by Disease, each employee 9.3.3 Commercial General Liability Insurance with Coverage to be maintained throughout the life of the Agreement, and include as a minimum: U) 9.3.3.1 Premises Operations 9.3.3.2 Products and Completed Operations 9.3.3.3 Blanket Contractual Liability 9.3.3.4 Personal Injury Liability 9.3.3.5 The minimum limits acceptable shall be $500,000 Combined Single Limit(CSL). 0 U 9.3.3.6 An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should N include coverage for claims filed on or after the effective date of this Agreement. In addition, the period for which LO claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. c� Page 7 of 19 Packet Pg. 33 C.1.a 9.3.4 Commercial Business Automobile and Vehicle Liability Insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles,with $200,00 per person, $300,000 per Occurrence, $200,000 Property Damage or 2 $300,000 combined single limit. 0 9.3.5 Cyber Liability Insurance coverage to be maintained throughout the life of U the Agreement. The minimum limits acceptable is$1,000,000 and 6 coverage shall include the following: 9.3.5.1 Data Breach 9.3.5.2 Network Security Liability 9.3.5.3 Internet Media 9.3.5.4 Network Extortion c� 9.3.5.5 Regulatory Proceedings 9.3.5.6 PCI Fines and Costs 0 U 9.4 County shall be named as an additional insured with respect to Contractor's liabilities hereunder for all insurance coverages identified in Article 9 of this Agreement with the exception 0 of workers' compensation and Employer's Liability. 0 9.5 Contractor shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of Contractor if so required by County during the term of this Agreement. County will not pay for increased limits of insurance for subcontractors. 9.6 CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. CONTRACTOR shall maintain the insurance in force throughout the term of this Agreement and shall provide additional certificates of insurance whenever an existing policy lapses. 9.7 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. U) 0 2 ARTICLE 10 TERMINATION OF AGREEMENT c� 10.1. In the event that the CONTRACTOR shall be found to be negligent in any aspect 0 of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. N 10.2 Either of the parties hereto may cancel this Agreement without cause by giving ri the other party sixty(60) days written notice of its intention to do so. ri LO It- 10.3 Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement.The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of Page 8 of 19 Packet Pg. 34 C.1.a such termination, prior to termination,the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach 2.1 that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the c- spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup c monies paid under this Agreement, including the right to sue for breach of contract and including > the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. CL 10.4 Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum 0 due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY c0 reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's 0 False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 10.5 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of(1)terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 10.6 For Contracts of$1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, 0 or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in 2.1 the Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of(1)terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the c0 conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE 11 N MISCELLANEOUS LO c� 11.1 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. c� Page 9 of 19 Packet Pg. 35 C.1.a 11.2 Successors and Assigns. The CONTRACTOR shall not assignor subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONTRACTOR, 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 2 assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 11.3 No Third-Party Beneficiaries. Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 11.4 Contract Documents. This contract consists of the Request for Proposals(issued by Seminole County);t; the CONTRACTOR'S response to the RFP, the contract formed by the CONTRACTOR with Seminole County, a copy of which is attached as Attachment A, and c0 modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, this Agreement will control or alternatively the one imposing the greater burden on the CONTRACTOR will control. c0 11.5 Public Entity Crimes.A person or affiliate who has been placed on the convicted 0 vendor list following a conviction for public entity crime may not submit a bid on contracts 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 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 11.6 By signing this Agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entity Crimes 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. U) 0 2 11.7 In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit,that it or any Subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a"public entity crime"and that it has not been formally charged with committing an act defined as a"public entity crime" regardless of the amount of money involved or whether CONTRACTOR has been placed on the convicted vendor list. 0 U 11.8 CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or Subcontractor is formally charged with an act defined as a"public entity crime" or has been CN placed on the convicted vendor list. LO 11.9 Maintenance of 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. Records shall be retained for a period of five (5)years from the final payment or termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such Page 10 of 19 Packet Pg. 36 C.1.a records of each other party to this Agreement for public records purposes during the term of the Agreement and for five years following the final payment or 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, or were n wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together 2 with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. c) 4- 11.10 Governing Law, Venue, Interpretation, Costs, and Fees.This Agreement shall be 0 governed by and construed in accordance with the laws of the State of Florida applicable to contracts 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, COUNTY and CONTRACTOR agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and 0 usual and customary procedures required by the circuit court of Monroe County. 11.11 Severability. If any term, covenant, condition or provision of this Agreement (or 0 the application thereof to any circumstance or person)shall be declared invalid or U 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. 11.12 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, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 0 2.1 11.13 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. 11.14 Authority. Each party represents and warrants to the other that the execution, 0 delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. CN 11.15 Claims for Federal or State Aid. CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further theLO �! purpose of this Agreement. Any conditions imposed as a result of funding that effect the Project IV- will be provided to each party. 11.16 Adjudication of Disputes or Disagreements. COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer Page 11 of 19 Packet Pg. 37 C.1.a sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any parry shall have the right to seek such relief be provided b this Agreement or Florida law.This Agreement is not or remedy as may p y g y g subject to arbitration.This provision does not negate or waive the any of the provisions in Article j 10 concerning termination or cancellation. c� 11.17 Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this U 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 parry to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. c� 11.18 Nondiscrimination. CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a 0 court of competent jurisdiction that discrimination has occurred, this Agreement automatically U terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and 0 all local ordinances, as applicable, relating to nondiscrimination. These include but are not c) limited to: 1)Title VII of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination on the basis of race, color or 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 s. 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. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10 ty ) � Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11)Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 2 c� 11.19 Covenant of No Interest. CONTRACTOR and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any U 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. W 11.20 Code of Ethics. COUNTY agrees that officers and employees of the COUNTY LO 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. Page 12 of 19 Packet Pg. 38 C.1.a 11.21 In accordance with Section 5 (b) Monroe County Ordinance No. 010-1990, CONTRACTOR warrants that he/it had not employed, retained or otherwise had act on hislits . 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 contract without liability and may also, in its discretion, deduct from the contract 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." U 4- 0 11.22 No Solicitation/Payment. The CONTRACTOR and COUNTY warrant that, in76 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 0 terminate this Agreement without liability and, at its discretion, to offset from monies owed, or c) otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 0 11.23 Public Access. Public Records Compliance. CONTRACTOR must comply with U Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and CONTRACTOR in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. 11.24 The CONTRACTOR is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONTRACTOR is required to: 11.24.1 Keep and maintain public records that would be required by the County to perform the service. 0 11.24.2 Upon receipt from the County's custodian of records, provide the c) County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not N exceed the cost provided in this chapter or as otherwise provided by ri le law. ri LO IV- c� Page 13 of 19 Packet Pg. 39 C.1.a 11.24.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CONTRACTOR does not transfer the records to the County. c� 11.25 Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the CONTRACTOR or keep and maintain public records that would be c) required by the County to perform the service. If the CONTRACTOR transfers all public records 0 76 to the County upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. c0 11.26 A request to inspector copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the 0 County shall immediately notify the CONTRACTOR of the request, and the CONTRACTOR U must provide the records to the County or allow the records to be inspected or copied within a reasonable time. 11.27 If the CONTRACTOR does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. A CONTRACTOR who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. 11.28 The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470, BRADLEY- 0 BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S U OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. N 11.29 Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida LO Statutes, the participation of the CONTRACTOR and the COUNTY 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 contract entered into by the COUNTY be required to contain any provision for waiver. Page 14 of 19 Packet Pg.40 C.1.a 11.30 Privileges and Immunities. All of the privileges and immunities from liability, .2 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 n any public agents or employees of the COUNTY, when performing their respective functions 2 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. U 4- 0 11.31 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 c0 constitution, state statute, and case law. 11.32 Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon 0 the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party U claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY 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. 11.33 Attestations and Truth-in-Negotiation. CONTRACTOR agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract fee and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 11.34 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 0 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. 11.35 Execution in Counterparts. This Agreement maybe executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shallLO �! constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. c� Page 15 of 19 Packet Pg.41 C.1.a 11.36 E-Verify System. Beginning January 1, 2021, in accordance with F.S.448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise 2 utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, U 4- contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and 0 76 be subject to the provisions of F.S. 448.095. 0 11.37 Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Parry's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a)acts of God; (b)flood, fire, earthquake, explosion,tropical storm, hurricane or c0 other declared emergency in the geographic area of the Project; (c)war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the 0 Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) U action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost extension for such reasonable time as the Owner's Representative may determine. U) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK c� 0 U N c� c� LO E c� Page 16 of 19 Packet Pg.42 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written, WITNESS: R.T,R, FINANCIAL SERVICES, INC, Authorized Officer on behalf of Contractor: 0 U 0 By: 4- Rob;5,J. Reilly, Vice President > C Ch Operating Officer 0- CL CL U ATTEST: KEVIN MADOK, MONROE COUNTY BOARD OF COUNTY 0 MONROE COUNTY CLERK COMMISSIONERS U By: 0 As Deputy Clerk By: L) Mayor .2 0 .S BOARD OF GOVERNORS OF FIRE AND E 0 AMBULANCE DISTRICT 1 OF MONROE en COUNTY, FLORIDA By: Mayor I Chairperson E -approved as to Form and Legal Sufficiency Cynthia L. Hall, Senior and County Attorney hAnnrnp County Attorney's Office U) 5-27-2022 0 U (n 2 W N LO T_ E Page 17 of 19 1 Packet Pg.43 C.1.a SCHEDULE A LIST OF SERVICES U) 0 2 1. Company agrees to provide collection services for outstanding unpaid ground and air emergency medical transportation services to the responsible party on the County's behalf. County will provide Company with its fee schedule and notice in the event of changes to its fee schedule as applicable. 0 2. Except as expressly set forth herein, all work performed by the Company in relation to this Agreement shall be performed in compliance with and subject to the terms and conditions of the Seminole County Contract, a copy of which is attached hereto and 0 incorporated herein by this reference as Exhibit"A",with the County substituting for Seminole County for all purposes. 3. The Company and the County shall have the same rights and obligations with respect to all work performed under this Agreement as similarly stated in Exhibit"A". Accordingly, except as otherwise provided in this Agreement, commencing on the Effective Date, U Company shall provide collection services to the County for those accounts referred to it by the County on the same terms and conditions as set forth in the Seminole County Contract as it exists on the Effective Date. Company shall accept information transfer U from the County in common separated values (.csv)format or as otherwise agreed by the parties. E 4. Notwithstanding any reference in the Seminole County Contract to collections for specific County divisions and departments, the parties understand that the County's unpaid accounts will arise from the Monroe County Fire Rescue department's emergency medical ground ambulance and air ambulance account types, and the County may refer outstanding accounts as deemed appropriate in its sole discretion. 5. Unless otherwise agreed by the County, accounts shall not be referred to Company until after the County has made initial collection attempts and the account is over 120 days outstanding. Company shall not compromise any account for less than its full value E without the prior written approval of the County.The County does not guarantee the referral of all or any of its accounts and may withhold accounts individually or by type of account in its sole discretion. This Agreement is non-exclusive. 2 6. Any account referred to Company shall remain with Company for collection until the account is(i)withdrawn from Company by the County, in the County's sole discretion upon written notice to the Company by County, or(ii)this Agreement terminates or is not g renewed for any reason at which time all accounts shall be returned to the County without the need for request or further action by the County. Company shall have no right to any fee with respect to any account withdrawn or returned to the County prior to U collection for any reason. 7. Company understands that Monroe County residents who execute a fee waiver with supporting documentation to make determination as to residency will not pay out of pocket for air transportation services type. Such accounts that subsequently provide the ` fee waiver and supporting documentation will be returned to Monroe County by Company. E Page 18 of 19 Packet Pg.44 C.1.a U) 0 8. Fee; Bank Account. Unless limited to a lesser amount by applicable law now or in the . future, Company will be compensated for its services at the rate and on the terms as set forth in Section 2 of the Seminole County Contract.The fee percentage from each account collected set forth in Section 2 of the Seminole County Contract shall be the sole compensation provided by County to Company and is inclusive of all costs, fees and expenses owed by County to Company under this Agreement. c) 9. No fee shall be paid for accounts not collected. Company's fee shall not be added to 0 principal balance due for the delinquent account unless expressly authorized in writing by the County. As a collection agency for the County, Company may collect the service fee for any dishonored check, authorized by Florida Statute 166.251. 10. Invoices. All invoices received by the County are payable in accordance with Section 5.3 herein, provided that invoice has first been approved by Monroe County Fire Rescue,and attached reporting and documentation is acceptable. The County reserves the right,with 0 justification, to partially pay any invoice submitted by the Company as necessary. All U invoices shall be mailed to Attention: Dina Stitt, EMS Billing Supervisor, Monroe County Fire Rescue, 490 63nd Street Ocean, Marathon, Florida 33050. NOTE: All invoices must 0 clearly indicate the patient's account number as provided by the County. U 0 11. Remittance.All monies due to the County that the Company receives on behalf of the County for emergency medical ground transportation services, shall be remitted to the County not less frequently than monthly, by check payable to: Monroe County EMS, 490 631d Street Ocean, Marathon, FL 33070. All monies due to the County that the Company receives on behalf of the County for emergency medical air transportation services, shall be remitted to the County not less frequently than monthly, by check payable to: Global Sky AirCharter Corporation, 490 631 Street Ocean, FL 33050. 12. Reports. The County shall receive reports on a monthly basis, submitted with the invoice and remittance reports.The report shall include, but not be limited to, a detailed statement and acknowledgement of accounts assigned or withdrawn, date received, amounts collected on individual accounts, including patient account numbers, dates of 2, service, amount dispensed to the County and the Company's fee. A monthly payment analysis report shall also be provided on all accounts assigned to the Company which shall include individual account status information for all accounts by type.Any Collections Reports that contain HIPAA protected information which shall be provided to (or access granted to)only designated employees as assigned by each party, all reports to the County shall be addressed or directed to the County's Billing Supervisor or designee, unless the County otherwise notifies the Company in writing. 0 13. Company will not be responsible for, nor accept any liability for, any erroneous, or invalid U information provided by County. N ri MT ri LO IV- c� Page 19 of 19 Packet Pg.45 C.1.a FDATEMM/DDCERTIFICATE OF LIABILITY INSURANCE 251 022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. U) IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, 0 subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT INTEGRITY FIRST INSURANCE INC/PHS 20266932 PHONE (866)467-8730 FAX (888)443-6112 O (A/C,No,Ext): (A/C,No): The Hartford Business Service Center0) 3600 Wiseman Blvd E-MAIL San Antonio,TX 78251 ADDRESS: U INSURER(S)AFFORDING COVERAGE NAIC# O INSURED INSURERA: Hartford Underwriters Insurance Company 30104 RTR Financial Services Inc > INSURER B: O 2 TELEPORT DR STE 302 CL STATEN ISLAND NY 10311-1004 INSURERC: CL INSURER D INSURER E: U INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 0 O THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD C) INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. O INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS f) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR occurrence) $1,00 a DAMAGE TO RENTED - O,000 PREMISES Ea X General Liability MED EXP(Any one person) $10,000 A X 20 SBA AP9MMU 02/21/2022 02/21/2023 PERSONAL 8,ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X PRO- El PRODUCTS-COMP/OP AGG $2,000,000 POLICY❑ JECT OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 accidentl ANY AUTO BODILY INJURY(Per person) , A AUUTOSS AUTOS AL O SCHEDULED 20 SBA AP9MMU 02/21/2022 02/21/2023 BODILY INJURY(Per accident) HIRED NON-OWNED PROPERTY DAMAGE X AUTOS X AUTOS (Per accident) UMBRELLA LIAB 11 OCCUR EACH OCCURRENCE $5,000,000 AJED EXCESS LIAB CLAIMS- MADE AGGREGATE s- 20 SBA AP9MMU 02/21/2022 02/21/2023 $5,000,000 RETENTION$1 O,000 , U WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY AT I ER ANY YIN E.L.EACH ACCIDENT PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L.DISEASE-EA EMPLOYEE (Mandatory In NH) If yes,describe under E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS below I 1 O f) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Those usual to the Insured's Operations.Certificate holder is an additional insured per the Business Liability Coverage Form SL3032 attached to this N policy. C11 CERTIFICATE HOLDER CANCELLATION C19 Monroe County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED LO Commission BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED 1100 SIMONTON ST IN ACCORDANCE WITH THE POLICY PROVISIONS. KEY WEST FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg.46 F-C.-1.a-] CERTIFICATE OF LIABILITY INSU 05/ RANCE DATE(MMIDDfYYYY) 1 25/2022 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Integrity First Insurance,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 70 Mansell Court Suite 275 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. U) Roswell,GA 30076 0 .2 0:(770)587-4595 F:(770)587-2440 INSURERS AFFORDING COVERAGE NAIL# -INSURED -- INSURER A: Crum&Forster Ins Co 44520 LO RTR Financial Services,Inc INSURER B: 2 Teleport Dr.,Ste 302 INSURER C: Staten Island,NY 10311 INSURER D INSURER E: 0 L) COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING 0 ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR M MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH > 0 POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L- CL I NSIR AWY POLICY NUMBER L POLICY EFFECTIVE POLICY EXPIRATION 1 LIMITS CL L TR INSIRD TYPE OF INSURANCE DATE(MM(DDIYY) DATE(MM/DD[YY)T GENERAL LIABILITY EACH OCCURRENCE $________ —DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES LEa_occurenceL_ $ CLAIMS MADE D OCCUR M Anyone person) $ _PERSONAL 8tADV INJURY $ 0 L) GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/Op AGG $ F—POLICY F, LOC $ PRO- a I I JECT 0 AUTOMOBILE LIABILITY L)U—T COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) 0 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAG E $ (Per accident) GARAGE LIABILITY AUTO ONLY_EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY I EACH OCCURRENCE $ OCCUR CLAIMS MADE I AGGREGATE $ DEDUCTIBLE $ t— LAY RETENTION $ $ WC STATU- I OTH-c U) WORKERS COMPENSATION AND ER EMPLOYERS' LIABILITY i I WC ANY PROPRIETOR/PARTNER/EXECUTIVE j E.L EACH ACCIDENT $ ---—------- OFFICER/MEMBER EXCLUDED? �Et DISEASE-EA $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER 0 A 11/17/2021 11/17/2022 Cyber CYB 103332 i $5,000,000 Security&Privacy Liability DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS 0 U Certificate Holder is additional insured on primary Policy#CYB 103332 W C14 C14 C14 CERTIFICATE HOLDER CANCELLATION 141) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Monroe County Board of County Commission 30 DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL —DAYS WRITTEN 1100 Simonton Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Key West,FL 33040 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE WI-4 ACORD 25 (2001108) O ACORD CORPORATION 1988 Clear All Packet Pg.47 C.1.a U) 0 U IMPORTANT O If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statment on this t0 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). - If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may 0 require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu CL CL of such endorsement(s). DISCLAIMER O The Certificate of Insurance on the reverse side of this form does not constitute a contract between the tea issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. O U 0 6 E U) 0 2 O c� U CN c14 c14 LO E c� ACORD 25(2001/08) Packet Pg.48 ® EXHIBIT A COLLECTION SERVICES AGREEMENT (RFP-603466-19/BJC) THIS AGREEMENT is dated as of the day of 20_l by and between R.T.R. FINANCIAL SERVICES, INC., duly authorized to conduct business in the c� State of Florida,whose address is 2 Teleport Drive, Suite 302, Staten Island,New York 10311,in 0 U this Agreement "CONTRACTOR," and SEMINOLE COUNTY, a charter county and political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East 1 st Street,Sanford,Florida 32771,in this Agreement"COUNTY." c� WITNESSETH: 0 U WHEREAS, COUNTY desires to retain the services of a competent and qualified 0 contractor to provide collection services to COUNTY; and 0 WHEREAS,COUNTY has requested and received expressions of interest for the retention of services of contractors; and WHEREAS, CONTRACTOR is competent and qualified to provide COUNTY with collection services and desires to provide services according to the terms and conditions stated in this Agreement, NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth in this Agreement, COUNTY and CONTRACTOR agree as follows: Section 1. Services. COUNTY hereby retains CONTRACTOR to provide services as c� further described in the Scope of Services attached as Exhibit A and made a part of this Agreement. 0 U CONTRACTOR is also bound by all requirements as contained in the solicitation package, all addenda to this package, and CONTRACTOR's submission in response to this solicitation. LO CERTIFIED COPY-GRANT MALOY CLERK OF TW CIRCUIT COURT , AND COMPTROLLER ; S i OLE^C U ,FtOBOAG ��o Collection Services Agreement (RFP-603466-19/BJC) nEPUTYCLERK Pagel of 20 Packet Pg.49 C.1.a Section 2. Compensation and Payment. (a) COUNTY agrees to compensate CONTRACTOR for the professional services called 2 2.1 for under this Agreement a fee in the amount of 12.75% of the total amount billed and collected. (b) Payments shall be made to CONTRACTOR when requested as work progresses for services furnished, but not more than once monthly. CONTRACTOR may invoice amounts due U based on the total required services actually performed and completed. Upon review and approval of 0 CONTRACTOR's invoice,COUNTY shall pay CONTRACTOR the approved amount in accordance with the terms as set forth in Chapter 218, Part VII, Florida Statutes (2018), as this statute may be 0 amended from time to time. U Section 3. Billing and Payment. 0 U (a) CONTRACTOR shall render to COUNTY at the close of each calendar month a E properly dated and itemized invoice including, but not limited to,the following information: (1) The name and address of CONTRACTOR; (2) Contract Number; (3) A complete and accurate record of services performed by CONTRACTOR for all services performed by CONTRACTOR during that month and for which COUNTY is being billed; 2 2.1 (4) A description of the services rendered in (3) above with sufficient detail to identify the exact nature of the work performed; and (5) Such other information as may be required by this Agreement or requested by U COUNTY from time to time. N ri le ri It- LO c� Collection Services Agreement (RFP-603466-19/B3C) Page 2 of 20 Packet Pg. 50 C.1.a The original invoice and one(1) copy must be sent to: Director of County Comptroller's Office Seminole County Board of County Commissioners Post Office Box 8080 Sanford, Florida 32772 c� Two(2)copies of the invoice must be sent to each of the following: 0 U Seminole County Fire Department 150 Eslinger Way Sanford,Florida 32773 CL CL Seminole County Utilities Operations Division 500 West Lake Mary Boulevard Sanford,Florida 32772 U Seminole County Solid Waste Division 1950 State Road 419 0 Longwood,Florida 32750 0 Seminole County Animal Services Division 232 Eslinger Way Sanford, Florida 32773 Seminole County Parks and Recreation Division 845 Lake Markham Road Sanford, Florida 32771 (b) COUNTY shall make payment to CONTRACTOR after review and approval by COUNTY within thirty(30) days of receipt of a proper invoice from CONTRACTOR. U) 0 Section 4. Audit of Records. (a) COUNTY may perform or have perfbrmed an audit of the records of c� CONTRACTOR at any time during the term of this Agreement and after final payment to support 0 U final payment under this Agreement. Audits may be perfbrmed at a time mutually agreeable to CONTRACTOR and COUNTY. Total compensation to CONTRACTOR may be determined to c� subsequent to an audit as provided for in this Section and the total compensation so determined c� Collection Services Agreement (RFP-603466-19/BJC) Page 3 of 20 Packet Pg. 51 will be used to calculate final payment to CONTRACTOR. Performance of this audit will not delay final payment as provided by subsection (a) of this Section. 2 2.1 (b) CONTRACTOR shall maintain all books, documents, papers, accounting records, and other evidence pertaining to services provided under this Agreement in such a manner as will readily conform to the terms of this Agreement. CONTRACTOR shall make such materials U available at CONTRACTOR's office at all reasonable times during the term of this Agreement > 0 and for five (5) years from the date of final payment under the contract for audit or inspection as provided for in subsection (b) of this Section. 0 (c) In the event any audit or inspection conducted after final payment but within the U period provided in paragraph(c) of this Section reveals any overpayment by COUNTY under the c0 terms of the Agreement, CONTRACTOR shall refund such overpayment to COUNTY within E thirty(30) days of notice by COUNTY. Section 5. Responsibility of CONTRACTOR. (a) CONTRACTOR is responsible for the professional quality of services provided by CONTRACTOR under this Agreement. CONTRACTOR shall correct or revise any errors or deficiencies in its services without additional compensation. (b) COUNTY's review of, approval and acceptance of, or payment for the materials or 2 2.1 services required under this Agreement does not operate as a waiver of any rights under this Agreement, or of any cause of action arising out of the performance of this Agreement. CONTRACTOR is and will always remain liable to COUNTY in accordance with applicable law U for any and all damages to COUNTY caused by CONTRACTOR's negligent or wrongful N ci le provision of any of the materials or services provided under this Agreement. ri LO It- c� Collection Services Agreement (RFP-603466-19/BJC) Page 4 of 20 Packet Pg. 52 Section 6. Term. This Agreement takes effect on the date of its execution by COUNTY and continues in effect for three (3) years. At the option of the parties, this Agreement may be renewed for two(2) additional one(1) year terms. Section 7. Termination. (a) COUNTY may,by written notice to CONTRACTOR, terminate this Agreement or U any Release Order issued under this Agreement, in whole or in part, at any time, either fbr > 0 COUNTY's convenience or because of the failure of CONTRACTOR to fulfill its obligations under this Agreement. Upon receipt of such notice, CONTRACTOR shall immediately 0 discontinue all services affected, unless the notice directs otherwise, and deliver to COUNTY all U data, drawings, specifications, reports, estimates, summaries, and any and all such other c0 information and materials of whatever type or nature as may have been accumulated by E CONTRACTOR in performing this Agreement,whether completed or in process. LO (b) If the termination is for the convenience of COUNTY, CONTRACTOR will be paid compensation for services performed to the date of termination. (c) If the termination is due to the failure of CONTRACTOR to fulfill its obligations under this Agreement, COUNTY may take over the work and carry it to completion by other agreements or otherwise. In such case, CONTRACTOR will be liable to COUNTY for all 2 2.1 reasonable additional costs associated with CONTRACTOR's failure to fulfill its obligations under this Agreement. (d) CONTRACTOR will not be liable for such additional costs if the failure to perform U the Agreement arises without any fault or negligence of CONTRACTOR, but CONTRACTOR N ci will be responsible and liable for the actions by its subcontractors, agents, employees,persons, and ri LO entities of a similar type or nature. Matters beyond the fault or negligence of CONTRACTOR E include acts of God or of the public enemy, acts of COUNTY in its sovereign or contractual Collection Services Agreement (RFP-6 0 346 6-1 9/BJC) Page 5 of 20 Packet Pg. 53 C.1.a capacity, fires,floods,epidemics,quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without 2 any fault or negligence of CONTRACTOR. (e) If after notice of termination for CONTRACTOR's failure to fulfill its obligations under this Agreement it is determined that CONTRACTOR had not so failed, the termination will U 4- 0 be conclusively deemed to have been effected for the convenience of COUNTY. In such event, 0 L- CL adjustment in the Agreement price will be made as provided in subsection (b) of this Section. CL (f) The rights and remedies of COUNTY provided for in this Section are in addition 0 and supplemental to any and all other rights and remedies provided by law or under this U Agreement. 0 U Section 8. HIPAA Business Associate Agreement. Under the Health Information E Portability and Accountability Act of 1996 ("HIPAA") and the Health Information Technology LO for Economic and Clinical Health Act("HITECH"),the United States Department of Health and Human Services promulgated regulations governing the privacy and security of certain health information. Under this Agreement, Contractor may provide services for COUNTY that require CONTRACTOR to access, receive, create, and use such information that is confidential and subject to protection under state or federal law, specifically information related to the collection 2 2.1 of ambulance fees f'or COUNTY's Fire Department. Therefore, in consideration of the foregoing, LO COUNTY and CONTRACTOR agree to and shall comply with the terms of the HIPAA Business Associate Agreement attached to this Agreement as Exhibit B. U LO Section 9. Equal Opportunity Employment. CONTRACTOR shall not discriminate cN c14 against any employee or applicant for employment for work under this Agreement because of race, LO color, religion, sex, age, disability, or national origin. CONTRACTOR shall take steps to ensure E that applicants are employed and employees are treated during employment without regard to race, Collection Services Agreement (RFP-603466-19/BJC) Page 6 of 20 Packet Pg. 54 C.1.a color, religion, sex, age, disability, or national origin. This provision includes, but is not limited to the following: employment,upgrading,demotion or transfer, recruitment advertising, layoff or 2 termination, rates of pay or other forms of compensation and selection for training including apprenticeship. Section 10. No Contingent Fees. CONTRACTOR warrants that it has not employed U or retained any company or person other than a bona fide employee working solely for 0 CONTRACTOR 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 0 for CONTRACTOR,any fee,commission,percentage,gift,or other consideration contingent upon U or resulting from award or making of this Agreement. For the breach or violation of this provision, 0 U COUNTY will have the right to terminate the Agreement at its sole discretion without liability and E to deduct from the Agreement price or otherwise recover the full amount of such fee, commission, en percentage, gift, or consideration. Section 11. Conflict of Interest. (a) CONTRACTOR shall not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with COUNTY or violate or cause others to violate the provisions of Chapter 112,Part III,Florida Statutes,relating to ethics 2 in government. (b) CONTRACTOR hereby certifies that no officer, agent, or employee of COUNTY has any material interest (as defined in Section 112.312(15), Florida Statutes, as over 5%), either U directly or indirectly, in the business of CONTRACTOR to be conducted here and that no such N ci le person will have any such interest at any time during the term of this Agreement. ri LO Section 12. Assignment. Neither this Agreement nor any interest in it may be assigned, E transferred,or otherwise encumbered under any circumstances by either party without prior written Collection Services Agreement (RFP-603466-19/BJC) Page 7 of 20 Packet Pg. 55 C.1.a consent of the other party and in such cases only by a document of equal dignity with this Agreement. 2 2.1 Section 13. Subcontractors. CONTRACTOR shall first secure the prior written approval of COUNTY before engaging or contracting for the services of any subcontractors under this Agreement. CONTRACTOR will remain fully responsible to COUNTY for the services of U any subcontractors under this Agreement. 0 Section 14. Indemnification of COUNTY. To the fullest extent permitted by law, CONTRACTOR shall hold harmless, release, and indemnify COUNTY, its commissioners, officers, employees, and agents from any and all claims, losses, damages, costs, attorney fees, and U lawsuits for damages arising from, allegedly arising from, or related to CONTRACTOR's 0 U provision of materials or services under this Agreement caused by CONTRACTOR's act or E omission in the performance of this Agreement. 0 Section 15. Insurance. (a) General. CONTRACTOR shall procure and maintain insurance required under this Section at CONTRACTOR's own cost. (1) CONTRACTOR shall provide COUNTY with a Certificate of Insurance on a current ACORD Form signed by an authorized representative of the insurer evidencing the 2 insurance required by this Section (Professional Liability, Workers' Compensation/Employer's Liability, Commercial General Liability, and Business Auto). The Certificate must have the Agreement number for this Agreement clearly marked on its face. COUNTY, its officials, U officers, and employees must be named additional insureds under the Commercial General N ci Liability, Umbrella Liability and Business Auto policies. If the policy provides for a blanket ri LO additional insured coverage, CONTRACTOR shall provide a copy of the section of the policy E along with the Certificate of Insurance. If the coverage does not exist,the policy must be endorsed Collection Services Agreement (RFP-603466-19/BJC) Page 8 of 20 Packet Pg. 56 to include the named additional insureds as described in this subsection. The Certificate of Insurance must provide that COUNTY will be provided, by policy endorsement, not less than 2.1 thirty(30) days written notice prior to the cancellation or non-renewal, or by a method acceptable to to COUNTY. Until such time as the insurance is no longer required to be maintained by CONTRACTOR, CONTRACTOR shall provide COUNTY with a renewal or replacement U 0 Certificate of Insurance before expiration or replacement of the insurance for which a previous 0 Certificate of Insurance has been provided. (2) In addition to providing the Certificate of Insurance on a current ACORD 0 Form, upon request as required by COUNTY, CONTRACTOR shall provide COUNTY with a U certified copy of each of the policies of insurance providing the coverage required by this Section c0 within thirty (30) days after receipt of the request. Certified copies of policies may only be E provided by the insurer, not the agent or broker. to (3) Neither approval by COUNTY nor failure to disapprove the insurance provided by CONTRACTOR will relieve CONTRACTOR of its full responsibility for performance of any obligation,including its indemnification of COUNTY,under this Agreement. (b) Insurance Company Requirements. Insurance companies providing the insurance under this Agreement must meet the following requirements: 2.1 (1) Companies issuing policies must be authorized to conduct business in the to State of Florida and prove such authorization by maintaining Certificates of Authority or Letters of Eligibility issued to the companies by the Florida Office of Insurance Regulation.Alternatively, U policies required by this Agreement for Workers' Compensation/Employers' Liability, may be N c� those authorized as a group self-insurer by Section 624.4621, Florida Statutes. �! to It- (2) In addition,such companies must have and maintain,at a minimum,a Best's a� E Rating of"A-"and a minimum Financial Size Category of"VII"according to A.M.Best Company. Collection Services Agreement (UP-603466-19/BJC) Page 9 of 20 Packet Pg. 57 C.1.a (3) If, during the period that an insurance company is providing the insurance coverage required by this Agreement, an insurance company(i) loses its Certificate of Authority, or (ii) fails to maintain the requisite Best's Rating and Financial Size Category, the CONTRACTOR shall immediately notify COUNTY as soon as CONTRACTOR has knowledge of any such circumstance and immediately replace the insurance coverage provided by the U 4- 0 insurance company with a different insurance company meeting the requirements of this > 0 Agreement. Until such time as CONTRACTOR has replaced the unacceptable insurer with an insurer acceptable to COUNTY, CONTRACTOR will be deemed to be in default of this 0 Agreement. U (c) Specifications. Without limiting any of the other obligations or liability of 0 2 CONTRACTOR, CONTRACTOR shall procure, maintain, and keep in force amounts and types E of insurance conforming to the minimum requirements set forth in this subsection, at LO CONTRACTOR's sole expense. Except as otherwise specified in this Agreement, the insurance will become effective upon execution of this Agreement by CONTRACTOR and must be maintained in force until the expiration of this Agreement's term or the expiration of all Orders issued under this Agreement, whichever comes last. Failure by CONTRACTOR to maintain this required insurance coverage within the stated period will constitute a material breach of this U) 2 2.1 Agreement, for which COUNTY may immediately terminate this Agreement. The amounts and 0 types of insurance must conform to the following minimum requirements: a� (1) Workers' Compensation/Employer's Liability. U M (A) CONTRACTOR's insurance must cover it for liability that would N ci be covered by the latest edition of the standard Workers' Compensation policy as filed for use in lri e LO Florida by the National Council on Compensation Insurance without restrictive endorsements. a� E CONTRACTOR is also responsible for procuring proper proof of coverage from its subcontractors Collection Services Agreement (RFP-603466-19/BJC) Page 10 of 20 Packet Pg. 58 C.1.a of every tier for liability that is a result of a Workers' Compensation injury to the subcontractor's employees. The minimum required limits to be provided by both CONTRACTOR and its 2 2.1 subcontractors are outlined in subsection (C) below. In addition to coverage for the Florida Workers' Compensation Act, where appropriate, coverage must be included for the United States Longshoremen and Harbor Workers' Compensation Act, Federal Employees' Liability Act, and U any other applicable Federal or State law. 0 (B) Subject to the restrictions of coverage found in the standard Workers' Compensation policy, there will be no maximum limit on the amount of coverage for 0 liability imposed by the Florida Workers' Compensation Act, the United States Longshoremen's U and Harbor Workers' Compensation Act, or any other coverage customarily insured under Part 0 U One of the standard Workers' Compensation policy. E (C) The minimum amount of coverage under Part Two of the standard Workers' Compensation policy is required to be the following: $500,000.00 (Each Accident) $500,000.00 (Disease-Policy Limit) $500,000.00 (Disease-Each Employee) E (2) Commercial General Liability. 2 (A) CONTRACTOR's insurance must cover it for those sources of 2 liability that would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01), as filed for use in the State of Florida by the Insurance Services Office. Coverage must not contain any endorsements excluding or limiting U Products/Completed Operations, Contractual Liability, or Separation of Insureds. N c� (B) CONTRACTOR shall maintain these minimum insurance limits: LO General Aggregate Two Times (2x)the Each Occurrence Limit Personal & Advertising $1,000,000.00 Injury Limit Each Occurrence Limit $1,000,000.00 Collection Services Agreement (RFP-603466-19/BJC) Page 11 of 20 Packet Pg. 59 C.1.a Pollution Liability $1,000,000.00 (3) Professional Liability Insurance. CONTRACTOR shall carry Professional Liability Insurance with limits of not less than One Million and No/100 Dollars ($1,000,000.00). (4) Business Auto Policy. c� (A) CONTRACTOR's insurance must cover CONTRACTOR for 0 U those sources of liability which would be covered by Section II of the latest edition of the standard Business Auto Policy (ISO Form CA 00 01), as filed for use in the State of Florida by the Insurance Services Office. Coverage must include owned, non-owned, and hired autos or any c� auto used by CONTRACTOR. In the event CONTRACTOR does not own automobiles, U CONTRACTOR shall maintain coverage for hired and non-owned auto liability for autos used by 0 CONTRACTOR, which may be satisfied by way of endorsement to the Commercial General 6 Liability policy or separate Business Auto Liability policy. If the contract involves operations governed by Sections 29 or 30 of the Motor Carrier Act of 1980, endorsement MCS-90 is required. (B) The minimum limits to be maintained by CONTRACTOR must be per-accident combined single limit for bodily injury liability and property damage liability. (C) The minimum amount of coverage under the Business Auto Policy is required to be the following: U) 0 Combined Single Limit $1,000,000.00 (d) Coverage. The insurance provided by CONTRACTOR pursuant to this Agreement c� must apply on a primary and non-contributory basis, and any other insurance or self-insurance 0 U maintained by COUNTY or COUNTY's officials, officers, or employees must be in excess of and not contributing to the insurance provided by or on behalf of CONTRACTOR. LO (e) Occurrence Basis. The Workers' Compensation policy, the Commercial General Liability, and the Umbrella policy required by this Agreement must be provided on an occurrence c� Collection Services Agreement (RFP-603466-19/BJC) Page 12 of 20 Packet Pg. 60 C.1.a rather than a claims-made basis. The Professional Liability insurance policy may be on an occurrence basis or claims-made basis. If a claims-made basis, the coverage must respond to all 2 claims reported within three (3) years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. (f) Obligations. Compliance with the foregoing insurance requirements will not U relieve CONTRACTOR, its employees, or its agents of liability from any obligation under this 0 Section or any other Section of this Agreement. Section 16. Dispute Resolution. (a) In the event of a dispute related to any performance or payment obligation arising U under this Agreement, the parties shall exhaust COUNTY administrative dispute resolution 0 U procedures prior to filing a lawsuit or otherwise pursuing legal remedies. COUNTY administrative E dispute resolution procedures for proper invoice and payment disputes are set forth in Section 22.15, "Prompt Payment Procedures," Seminole County Administrative Code. COUNTY administrative dispute resolution procedures for contract claims related to this Agreement, other than f'or proper invoice and payment disputes, are set forth in Section 3.5540, "Contract Claims," Seminole County Administrative Code. (b) In any lawsuit or legal proceeding arising under this Agreement, CONTRACTOR 2 2.1 hereby waives any claim or defense based on facts or evidentiary materials that were not presented for consideration in COUNTY administrative dispute resolution procedures set forth in subsection (a) above of which CONTRACTOR had knowledge and failed to present during COUNTY U administrative dispute resolution procedures. N ri (c) In the event that COUNTY administrative dispute resolution procedures are ri LO It- exhausted and a lawsuit or legal proceeding is filed,the parties shall exercise best efforts to resolve E c� Collection Services Agreement (RFP-603466-19/BJC) Page 13 of 20 Packet Pg. 61 C.1.a disputes through voluntary mediation and to select a mutually acceptable mediator. The parties participating in the voluntary mediation shall share the costs of mediation equally. 2 Section 17. Representatives of COUNTY and CONTRACTOR. (a) It is recognized that questions in the day to day conduct of performance pursuant to this Agreement may arise. Upon request by CONTRACTOR, COUNTY shall designate and c) advise CONTRACTOR in writing of one or more of its employees to whom to address all 0 communications pertaining to the day-to-day conduct of this Agreement. The designated representative will have the authority to transmit instructions, receive information, and interpret 0 and define COUNTY's policy and decisions pertinent to the work covered by this Agreement. U (b) At all times during the normal work week, CONTRACTOR shall designate or 0 c) appoint one or more representatives who are authorized to act on behalf of CONTRACTOR and E bind CONTRACTOR regarding all matters involving the conduct of the performance pursuant to this Agreement, and who will keep COUNTY continually and effectively advised of such designation. Section 18. All Prior Agreements Superseded. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained in this Agreement and the parties agree that there are no 2 2.1 commitments,agreements, or understandings concerning the subject matter of this Agreement that are not contained or referred to in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement may be predicated upon any prior representations or agreements, U whether oral or written. N ci le Section 19. Modifications, Amendments, or Alterations. No modification, ri LO It- amendment, or alteration in the terms or conditions contained in this Agreement will be effective E c� Collection Services Agreement (RFP-603466-19/BJC) Page 14 of 20 Packet Pg. 62 C.1.a unless contained in a written amendment executed with the same formality and of equal dignity with this Agreement. 2 Section 20. Independent Contractor. Nothing in this Agreement is intended or may be construed as in any manner creating or establishing a relationship of co-partners between the parties, or as constituting CONTRACTOR (including its officers, employees, and agents) as an U agent, representative, or employee of COUNTY for any purpose or in any manner whatsoever. > 0 CL CONTRACTOR is and will remain forever an independent contractor with respect to all services performed under this Agreement. 0 Section 21. Employee Status. Persons employed by CONTRACTOR in the U performance of services and functions pursuant to this Agreement have no claim to pension, 0 U workers' compensation, unemployment compensation, civil service, or other employee rights or E privileges granted to COUNTY's officers and employees, either by operation of law or by LO COUNTY. Section 22. Services Not Provided For. No claim for services provided by CONTRACTOR not specifically provided for in this Agreement will be honored by COUNTY. Section 23. Public Records Law. (a) CONTRACTOR acknowledges COUNTY's obligations under Article 1, Section 2 2.1 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to members of the public upon request. CONTRACTOR acknowledges that COUNTY is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling U of the materials created under this Agreement and this statute controls over the terms of this N ci Agreement. Upon COUNTY's request, CONTRACTOR shall provide COUNTY with all ri LO requested public records in CONTRACTOR's possession, or shall allow COUNTY to inspect or E c� Collection Services Agreement (RFP-603466-19/BJC) Page 15 of 20 Packet Pg. 63 C.1.a copy the requested records within a reasonable time and at a cost that does not exceed costs as provided under Chapter 119, Florida Statutes. 2 2.1 (b) CONTRACTOR specifically acknowledges its obligations to comply with Section 119.0701, Florida Statutes, with regard to public records and shall perform the following: (1) CONTRACTOR shall keep and maintain public records that ordinarily and U 4- 0 necessarily would be required by COUNTY in order to perform the services required under this 0 Agreement, (2) CONTRACTOR shall provide the public with access to public records on the same terms and conditions that COUNTY would provide the records and at a cost that does U not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 0 U (3) CONTRACTOR shall ensure public records that are exempt or confidential E and exempt from public records disclosure requirements are not disclosed, except as authorized by law. (c) Upon termination of this Agreement, CONTRACTOR shall transfer, at no cost to COUNTY, all public records in possession of CONTRACTOR, or keep and maintain public records required by COUNTY under this Agreement. If CONTRACTOR transfers all public records to COUNTY upon completion of this Agreement, CONTRACTOR shall destroy any 2 duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains the public records upon completion of this Agreement, CONTRACTOR shall meet all applicable requirements for retaining public records. U All records stored electronically must be provided to COUNTY, upon request of COUNTY, in a N ci format that is compatible with the information technology systems of COUNTY. ri LO (d) Failure to comply with this Section will be deemed a material breach of this E Agreement for which COUNTY may terminate this Agreement immediately upon written notice Collection Services Agreement (RFP-603466-19/BJC) Page 16 of 20 Packet Pg. 64 C.1.a to CONTRACTOR. CONTRACTOR may also be subject to statutory penalties as set forth in Section 119.10,Florida Statutes. 2 (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO 0 U CONTRACTOR's DUTY TO PROVIDE PUBLIC RECORDS RELATING 8 TO THIS CONTRACT, CONTRACTOR MAY CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE SEMINOLE COUNTY PURCHASING AND CONTRACTS MANAGER, AT 407-665-71169 U RHOOPEW( SEMINOLECOUNTYFL.GOV, PURCHASING AND c0 CONTRACTS DIVISION, 1301 EAST SECOND STREET, SANFORD, FL E 0 32771. Section 24. Governing Law, Jurisdiction, and Venue. The laws of the State of Florida govern the validity, enforcement, and interpretation of this Agreement. The sole jurisdiction and venue for any legal action in connection with this Agreement will be in the courts of Seminole County, Florida. U) 0 Section 25. Compliance with Laws and Regulations. In providing all services pursuant to this Agreement, CONTRACTOR shall abide by all statutes, ordinances, rules, and c� regulations pertaining to or regulating the provision of such services,including those now in effect 0 U and subsequently adopted, including,but not limited to,the federal Fair Debt Collection Practices Act, 15 U.S.C. §§1692-1692p and the Florida Consumer Collection Practices Act, Sections LO c� 559.55-559.785,Florida Statutes(2018), as these statutes maybe amended from time to time. Any violation of these statutes, ordinances,rules, or regulations will constitute a material breach of this c� Collection Services Agreement (F-FP-603466-19/BJC) Page 17 of 20 Packet Pg. 65 C.1.a Agreement and will entitle COUNTY to terminate this Agreement immediately upon delivery of written notice of termination to CONTRACTOR. 2 2.1 Section 26. Patents and Royalties. Unless otherwise provided, CONTRACTOR is solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. CONTRACTOR, without exception, shall indemnify and save U harmless COUNTY and its employees from liability of any nature or kind, including costs and 0 expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by CONTRACTOR. In the event of any claim against COUNTY of copyright or patent infringement, COUNTY shall promptly provide written notification to U CONTRACTOR. If such a claim is made, CONTRACTOR shall use its best efforts to promptly 0 U purchase for COUNTY any infringing products or services or procure a license at no cost to E COUNTY that will allow continued use of the service or product. If none of the alternatives are reasonably available,COUNTY shall return the article on request to CONTRACTOR and receive reimbursement, if any, as may be determined by a court of competent jurisdiction. Section 27. Notices. Whenever either party desires to give notice to the other, it must be given by written notice, sent by registered or certified United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified. The place for 2 2.1 giving of notice will remain such until it has been changed by written notice in compliance with the provisions of this Section. For the present, the parties designate the following as the respective places for giving of notice: U For COUNTY: cN c14 Seminole County Fire Department to 150 Eslinger Way Sanford,Florida 32773 E Seminole County Utilities Operations Division Collection Services Agreement (RFP-603466-19lBJC) Page 18 of 20 Packet Pg. 66 500 West Lake Mary Boulevard Sanford,Florida 32772 U) 0 Seminole County Solid Waste Division 1950 State Road 419 Longwood, Florida 32750 c� Seminole County Animal Services Division 232 Eslinger Way U Sanford, Florida 32773 Seminole County Parks and Recreation Division 845 Lake Markham Road Sanford,Florida 32771 c� For CONTRACTOR: U R.T.R. Financial Services, Inc. 2 Teleport Drive, Suite 302 0 Staten Island, New York 10311 U 0 Section 28. Rights At Law Retained. The rights and remedies of COUNTY provided for under this Agreement are in addition and supplemental to any other rights and remedies provided by law. Section 29. Headings and Captions. All headings and captions contained in this Agreement are provided f'or convenience only,do not constitute a part of this Agreement,and may not be used to define, describe, interpret or construe any provision of this Agreement. U) 0 2 [Balance of this page intentionally blank;signatory page continues on page 211 2 c� 0 U N c� c� LO c� Collection Services Agreement (RFP-603466-19/BJC) Page 19 of 20 Packet Pg. 67 C.1.a IN WITNESS WHEREOF, the parties have made and executed this Agreement for the 2 purposes stated above. ATTEST: R.k.R FINANCIAL SERVICE. C. c� ,✓' f .. �' Q ✓ 0 By: . �`��- c� ROBERT,� RFILLY, Secretary �� R- T lZ U, LLY, President > 0 (CORPORATE SEAL) Date: c� 7SE FLO 3A U Witness OP sing and U 0 Print Name Date: �- jness 1 MwI r Print Name n For the use and reliance of as authorized for execution by,, BBp d of Seminole County only. County Commissioners at its / 2019,regular meeting. t Approved as to form and . I? ILI 0 8 U) legal s ciency. 0 C6-dfity Attorney DGS/dre 06/4/19 0 Attachments: Exhibit A -Scope of Services Exhibit B-HIPAA Business Associate Agreement CN TAUsemkLepl Secretary CSBTurchasmg 2019\RFP-603466 R.T.R.Fiaaneial.docx C°J LO E t;ollcctitn_a ia.�ecA,�zc..�n-Sit (RFP-603466.19WC) Page 20 of 20 Packet Pg. 68 EXHIBIT A U) Scope of Services The Agency shall accept for collection all unpaid accounts for the following County accounts: Environmental Services/Water& Sewer Division; Solid Waste Division, Animal Services and Fire c, Department; and Leisure Services Department. 0 c, GENERAL REQUIREMENTS & SCOPE OF SERVICES: 76 1. The Agency shall implement collection procedures to achieve maximum recovery of debts. Such procedures should include a reasonable number of contacts via telephone and mail efforts. Skip-tracing procedures should be instituted as required to determine if debtor is < still located in the area. Written notification by the Agency of any type,verbiage, or format changes must be approved by the County. 2. The services to be provided will be a complete review of outstanding receivable referred c) to the Agency by the County. The County will turn accounts over to the Agency as specified by the different areas and the Agency will engage in the appropriate activities required to collect the outstanding receivable within twenty-four(24) hours of receipt and L) will apply whatever means have been approved by the County. 0 3. The Agency shall accept initial transactions, additions and/or updates to previously reported transactions electronically, preferably in the County's preferred file format. 4. The Board of County Commissioners is the general administrative body for Seminole County, Florida, a political subdivision of the State of Florida. Florida Statute 27.562 Court ordered repayment of services provided by Court appointed attorney, Public Defender; and sections pursuant to Florida Home Rule give the Board of County Commissioners the authority to contract with a collection agency for purposes of collecting outstanding receivables. (s. 938.29, Florida Statute 257.261); refer also Confidentiality: Interpreting the Amended Law. 5. Unless prohibited by applicable law, the County retains all rights to all data, reports, programs, designs and other results of this contract. The Agency or its agent shall not produce or otherwise use the products of this contract without the written consent of the c� County. The County reserves first publications rights to any products of this contract and the County may place the products in the public domain without permission of the Agency. Nothing herein shall be construed to limit the application of Florida Statutes, Chapter 119, the Public Records Act, by the Agency to the materials produced in connection with the contract. Failure by the Agency to abide by provisions of Public Records Law may result in termination of this contract. c,) 6. Payment will be remitted to the Agency for its services on a monthly basis. The County will reimburse the Agency for its mutually agreed percentage share of collections for all N accounts. c� LO 7. The Agency will adhere to all Federal, State, local laws, and collection regulations which are applicable to collection procedures. The Agency submitting this proposal agrees to maintain and make available its working papers to any Federal, State, and/or local c� Packet Pg. 69 C.1.a governmental agency upon appropriate request, and in accordance with Federal, State, U) and local governmental agency upon appropriate request, and in accordance with Federal, 0 State, and local provisions. LO 8. The Agency will provide the Seminole County Finance Department,Accounts Receivable C Division, monthly statements detailing the collections received and copy each individual department/division involved, i.e. Water and Sewer Division, Solid Waste Division, Animal Services Division, Fire Department, Leisure Services, etc. This information must be t0 received within ten (10)days after the end of each month. The information may be mailed to the Board of County Commissioners, County Finance, P.O. 8080, Sanford, Florida 0 76 32772-8080. 0 9. Payments will be remitted to the Agency only when collections are made. CL 10. Confidentiality: A. Customer information provided by the County to the Agency is of a confidential t0 nature. Agency shall not disclose such information in whole or in part to any governmental body, non-governmental body or private party without the prior written consent of the County, except as required by law, or upon order of a Court t0 or regulatory agency of competent jurisdiction. Agency shall limit access to confidential information to only those of its employees who require the information in the course and scope of their official duties. B. The Agency shall be fully responsible for all work performed under the contract. LO Unless otherwise required by the Florida Sunshine law, all information acquired by the Agency in the course of performing services shall be confidential, and shall not be open to examination by the public for any purpose without prior approval from the County. The Agency shall maintain off-site backup storage of County files and records that is secure from environmental and other hazards. All information provided to the Agency is to be used solely for the purpose of collection of those accounts. The Agency shall be required to assume responsibility for the safety and security of all records provided by the County. All information must be securely stored in a manner to prevent access by unauthorized persons. 11. Reports: Reports to be provided shall include, but not be limited to: U) 0 These reports and all data shall be provided in hard copy and electronically in Microsoft Excel format via email or FTP. A. An Acknowledgement Report verifying that the Agency has received the account. This report shall be sent to the referring Department/Division electronically, hard copy and other acceptable methods within twenty-four (24) 0 hours of transmittal of account. This report shall indicate the number of accounts, LO date received and total amount referred. (Monthly). N B. A Remittance Statement with each check indicating, at a minimum, customer �! name, account number, bill date, amount referred,amount paid, date paid, balance due, the cumulative total for each account, and Payer type. (Monthly). LO C. A detailed Status Report, at the beginning of each month, providing the most recent activity for the previous month on each account shall be provided to the referring Department/Division indicating at a minimum,the name,account number, c� Packet Pg. 70 C.1.a status, original amount and modified amount due, amount paid last month, amount U) paid to date for each case. Status of accounts shall be indicated such as full 0 payments, partial pays, canceled and returned, letters sent on each account. All amounts shall be totaled. (Monthly). D. A Cancellation Report shall be provided by account number, showing the reason for return to the County and outstanding balance. This report shall include legal action recommendations, bankruptcy, deceased, or accounts recalled. If debtor is bankrupt, the bankruptcy case number shall be indicated. If deceased, an t0 indication as to the status of estate. The report shall indicate if collection activity has stopped for any other reason than those outlined above. All original bankruptcy paperwork shall be forwarded to the County within twenty-four (24) hours of receipt. (Monthly). CL E. An Annual Report shall be provided by the Agency which summarizes the activity CL of all assigned accounts during the previous year. The annual report shall cover the period of October 1s'through September 301h and must be submitted no later than October 31 of the following year. (Annual). F. A Performance Report shall be provided with a summary of aged receivables by t0 category of debt and a report that shows the number of accounts assigned, collected, collection rate, and number and percentage returned. Invoices and other material needed for payment must be in written form so they can be sent to t0 the County Finance Department. (Monthly). G. The Agency shall prepare an invoice for the fee. In addition to other information required by the County, monthly invoices must indicate, at a minimum, Contract Number, gross amount collected last month and fee according to the contract. LO Agency will provide one consolidated invoice listing the gross amount collected for each Office by account. (Monthly). 12. Disputes of debt by debtor must be referred to the County. 13. In order to satisfy future requirements, the Agency should attempt asset location in order to satisfy judgments. 14. The Agency shall not settle any account for anything other than for the full amount unless otherwise directed by the County. 15. The Agency shall perform collection services for any account referred by the County without regard to the amount of the debt. LO 16. The Agency shall suspend either temporarily or permanently on any account placed by a the County upon receipt of notification to do so. The County shall have the right to request 2 the return of an account for any reason. 0 17. The Agency shall not refer any account to any attorney for action, file a lawsuit, place a U LO lien on property, refer any account to another Contractor, or take any other legal action against the debtor on behalf of the County without written approval by the County. W c� 18. All copying, faxing, postal costs, etc. of any kind are to be provided by the Agency and reflected in the submitted costs. The sole compensation to the Agency shall be at the LO rates specified in the resultant contract. E c� Packet Pg. 71 C.1.a 19. The Agency shall be responsible for contacting the sender of monies when there is U) insufficient information to identify which case the payment is for. 0 2.1 20. The Agency agrees to not assess or impose "a fee on fee" cost. The Agency shall notLO add a charge of any kind to an assigned account except for the aforementioned bad check C charges. 21. The Agency shall be responsible for collecting on any dishonored items received and t0 processed by the Agency. All checks must clear the bank before the Agency sends - payment to the County. As a collection agency for the County, the Agency may collect the service fee for any dishonored check, authorized by Florida Statute 125.0105. L_ CL CL 22. The Agency shall inform customers to make remittance to be collected by the Agency payable to the Agency. Agency may take credit card payments. There shall be no additional charges to the County for credit card payments accepted by the Agency. 23. The Agency shall adjust official account balances only from receipts of payment and 0 information received from the County. At no time shall the Agency accept information supplied by a debtor or any other source as evidence to support an account balance. In the case of a dispute by the debtor, the Agency shall direct the debtor to the County. The 0 Agency may, however, update information such as addresses and telephone numbers obtained through skip-tracing efforts. 6 E 24. The Agency shall provide the County with a copy of all letters of complaint within ten (10) LO days of receipt, and indicate what action was taken to achieve an acceptable resolution. 25. If partial payment is received by the Agency, follow up will not be done by the County. The Agency must attempt to collect the full balance due. 26. There will be no charge to the County if the Agency is unable to recover monies on accounts assigned. No adjustment to the fee will be made during the term of the contract. 27. All unusual and customary costs incurred as a result of collecting accounts shall be the sole responsibility of the Agency. Any costs of automation equipment, installation of data lines, printing, postage and equipment costs, etc.will be borne by the Agency. 0 c� 28. In the event the Agency receives payments for service which are later disallowed by the County, such as bad checks paid directly to the Clerk, or adjustments, the County may LO offset the amount disallowed from any payment due the Agency. a 29. If the contract is terminated, all accounts will be returned to the referring Department/Division regardless of payments made on account or arrangements made. t0 Any fee due at the time will be paid by the County. 30. Liaison W c� A. Agency's staff will work with County staff to facilitate transmission of pertinent LO information between the County and Agency. The Agency must be able to receive and send data electronically or any agreeable method. E c� Packet Pg. 72 . C.1.a B. The Agency shall designate a Collection/Project Manager who will have responsibility for the Agency's performance and will be directly responsible for coordinating efforts with County staff. 2.1 C. The Agency must provide for immediate telephone contact with the LO Collection/Project Management during County Business hours of 8:00 AM to 5:00 a PM. A maximum of one hour turnaround time for responses to inquires will be 2 required. D. A written response shall be provided to all complaints received by the County of t0 all alleged action taken by the Agency and/or its agents. The response shall be provided by the Collection/Project Manager and shall be received by the County 0 76 within ten (10)days from the date the request is sent to the Agency. The response shall address all questions and statements made by the County concerning the CL alleged actions. CL 31. Personnel shall be competent, qualified and experienced to assure an aggressive, vigorous collection effort with a substantial likelihood of success. Agency shall have bilingual capability in Spanish and English. t0 32. Agency must be fully automated for electronic sending and receiving of files as well as providing, for the County, on-line near real time access to County accounts during normal t0 business hours electronically. When requested by the County, Agency shall provide files of specific customer calls for review. 33. Agency shall have the capability to effect collections in all 50 states, U.S. Territories or LO commonwealths, Caribbean nations and Canada. Agency shall meet interstate collections requirements which may include being certified, insured, licensed, registered and/or bonded in the state where collection is being attempted or having a resident office in that state. 34. County Responsibilities: A. The County shall notify the Agency when collection action is to be canceled and returned or suspended temporarily or permanently. B. The County will inform the Agency of adjustments or corrections made to the amount due by referring Department/Divisions. C. Upon the assignment of accounts to the Agency, the County will not be expected to provide any further assistance in the collection of these accounts. D. The County reserves the right to change any portion of the work, outlined herein if LO there are changes in federal or state law or County ordinance, written rule, a resolution or administrative policy or procedure that make it necessary. 2 c� 0 c, LO ci le ci LO It- c� Packet Pg. 73 DEPARTMENVDIVISIONS: U) 0 2 1. Fire Department: a. All delinquent accounts with an outstanding balance after six(6) invoices or greater than twelve (12) months upon review by the County and referred to the Agency, are to be collected. Anticipated amount to be collected annually greater than $65,000.00 0 b. The Agency shall provide annual report showing employees meet all Federal, 1 State, and Local requirements for HIPPA and any other mandated or required training. 0 CL 2. Environmental Services -Water and Sewer Division: CL a. After review by the County selected accounts that have a balance outstanding greater than sixty (60) days from the due date will be referred to the Agency for collection. U c, b. Agency may enter into payment arrangements with debtor and terms not to exceed ninety (90) days. C. Average bill referred to Agency$70 - $200. 0 d. Average number of bills referred monthly 90— 110. e. Average amount referred monthly $10,000 - $15,000. E 3. Environmental Services -Solid Waste Division: a. Solid Waste annual referral demographic numbers are on average ten (10)checks and totaling approximately $300.00. 4. Public Safety -Animal Services Division: Accounts which have outstanding balance greater than sixty (60) days, upon review by the County and referred to the Agency are to be collected. Delinquent accounts owing E $2,634.50 -46 worthless checks owing $2,119.76. a. The Agency will handle all paper work involved with collection procedures and will maintain records and current status on all accounts. This information will be c� available for view by the Public Safety Department via internet access. b. The Agency's collection rates shall be in compliance with Florida Statute 27.561 LO (Attachment C), and other applicable sections of Florida Home Rule. a 5. Leisure Services — Parks and Recreation: 0 Accounts which have outstanding balances greater than one (1) month and a minimum of $50.00, upon review by the County and referred to the Agency, are to be collected. N NSF payments outstanding for more than 30 days from point of contact and exceeding $50.00 will be turned over to the Agency. �! LO It- c� Packet Pg. 74 C.1.a Exhibit B HIPAA Business Associate Agreement (a) Preamble and Definitions c� (1) Pursuant to the Health Insurance Portability and Accountability Act of 0 U 1996, as amended ("HIPAA"), COUNTY ("Covered Entity") and CONTRACTOR, or any of its corporate affiliates("Business Associate") enter into this Business Associate Agreement ("BAA") that addresses the HIPAA requirements with respect to "business associates,"as defined under the c� privacy, security, breach notification, and enforcement rules at 45 C.F.R. Part 160 and Part 164 U ("HIPAA Rules"). A reference in this BAA to a section in the HIPAA Rules means the section as 0 in effect or as amended. 0 6 (2) This BAA is intended to ensure that Business Associate will establish and implement appropriate safeguards for the Protected Health Information ("PHI") (as defined under the HIPAA Rules) that Business Associate may receive, create, maintain, use, or disclose in connection with the functions, activities, and services that Business Associate performs for Covered Entity. The functions, activities, and services that Business Associate performs for Covered Entity are defined in the Agreement to which this BAA is attached as Exhibit B (the U) 0 "Underlying Agreement"). (3) Pursuant to changes required under the Health Information Technology for c� Economic and Clinical Health Act of 2009(the"HITECH Act")and under the American Recovery 0 U and Reinvestment Act of 2009 ("ARRA"), this BAA also reflects federal breach notification requirements imposed on Business Associate when"Unsecured PHI"(as defined under the HIPAA LO c� Rules) is acquired by an unauthorized party, and the expanded privacy and security provisions imposed on business associates. c� HIPAA Business Associate Agreement Page 1 of 11 Packet Pg. 75 (4) Unless the context clearly indicates otherwise, the following terms in this U) 0 BAA have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, LO Designated Record Set, Disclosure, Electronic Media, Electronic Protected Health Information c� (ePHI), Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, 0 U 4- Required by Law, Secretary, Security Incident, Subcontractor, Unsecured PHI, and Use. 0 (5) A reference in this BAA to the Privacy Rule means the Privacy Rule, in conformity with the regulations at 45 C.F.R. Parts 160-164 (the "Privacy Rule") as interpreted c� under applicable regulations and guidance of general application published by HHS, including all U amendments to such regulations and guidance for which compliance is required, as amended by 0 the HITECH Act,ARRA, and the HIPAA Rules. 6 (b) General Obligations of Business Associate. (1) Business Associate shall not use or disclose PHI,other than as permitted or required by this BAA or as Required By Law, or if such use or disclosure does not otherwise cause a Breach of Unsecured PHI. (2) Business Associate shall use appropriate safeguards, and comply with Subpart C of 45 C.F.R. Part 164 with respect to ePHI, to prevent use or disclosure of PHI other U) 0 than as provided for by the BAA. (3) Business Associate shall mitigate, to the extent practicable, any harmful c� effect that is known to Business Associate as a result of a use or disclosure of PHI by Business 0 U Associate in violation of this BAA's requirements or that would otherwise cause a Breach of N Unsecured PHI. �! c� LO (4) The Business Associate shall comply with the following breach notification requirements: c� HIPAA Business Associate Agreement Page 2 of 11 Packet Pg. 76 (i) Business Associate shall report to Covered Entity any Breach of Unsecured PHI not provided for by the BAA of which it becomes aware within five (5) business days of "discovery" within the meaning of the HITECH Act. Such notice must include the c� identification of each individual whose Unsecured PHI has been, or is reasonably believed by U 4- Business Associate to have been, accessed,acquired,or disclosed in connection with such Breach. 0 In addition, Business Associate shall provide any additional information reasonably requested by 0 Covered Entity for purposes of investigating the Breach and any other available information that c� Covered Entity is required to include to the individual under 45 C.F.R. § 164.404(c) at the time of U notification or promptly thereafter as information becomes available. Business Associate's 0 notification of a Breach of Unsecured PHI under this Section must comply in all respects with each 6 applicable provision of Section 13400 of Subtitle D (Privacy) of ARRA, the HIPAA Rules, and related guidance issued by the Secretary or the delegate of the Secretary from time to time. (ii) In the event of Business Associate's use or disclosure of Unsecured PHI in violation of HIPAA, the HITECH Act, or ARRA, Business Associate bears the burden of demonstrating that notice as required under this Section 2.4 was made, including evidence demonstrating the necessity of any delay, or that the use or disclosure did not constitute a Breach U) 0 of Unsecured PHI. (5) In accordance with 45 C.F.R. §§ 164.502(e)(1)(ii) and 164.308(b)(2), if c� applicable, Business Associate shall require any Subcontractors that create, receive, maintain, or U en transmit PHI on behalf of the Business Associate agree to the same restrictions, conditions, and N requirements that apply to the Business Associate with respect to such information. c� LO (6) Business Associate shall make available PHI in a Designated Record Set to the Covered Entity as necessary to satisfy Covered Entity's obligations under 45 C.F.R. § 164.524. c� HIPAA Business Associate Agreement Page 3 of 11 Packet Pg. 77 (i) Business Associate shall comply with an individual's request to c� restrict the disclosure of their personal PHI in a manner consistent with 45 C.F.R. § 164.522,except 2.1 0 LO where such use, disclosure, or request is required or permitted under applicable law. c� (ii) Business Associate agrees that when requesting,using,or disclosing U 4- PHI in accordance with 45 C.F.R. § 164.502(b)(1)that such request,use, or disclosure must be to 0 0 the minimum extent necessary, including the use of a"limited data set" as defined in 45 C.F.R. § CL CL 164.514(e)(2), to accomplish the intended purpose of such request, use, or disclosure, as interpreted under related guidance issued by the Secretary from time to time. 0 U (7) Business Associate shall make any amendments to PHI in a Designated 0 U Record Set as directed or agreed to by the Covered Entity pursuant to 45 C.F.R. § 164.526, or take 6 other measures as necessary to satisfy Covered Entity's obligations under 45 C.F.R. § 164.526. LO (8) Business Associate shall maintain and make available the information required to provide an accounting of disclosures to the Covered Entity as necessary to satisfy Covered Entity's obligations under 45 C.F.R. § 164.528. (9) Business Associate shall make its internal practices, books, and records, including policies and procedures regarding PHI, relating to the use and disclosure of PHI and c� Breach of any Unsecured PHI received from Covered Entity,or created or received by the Business LO Associate on behalf of Covered Entity, available to Covered Entity (or the Secretary) for the a c� purpose of Covered Entity or the Secretary determining compliance with the Privacy Rule (as 0 c) LO defined in Section 8). CN (10) To the extent that Business Associate is to carry out one or more of Covered LO Entity's obligation(s) under Subpart E of 45 C.F.R. Part 164, Business Associate shall comply c� HIPAA Business Associate Agreement Page 4 of 11 Packet Pg. 78 with the requirements of Subpart E that apply to the Covered Entity in the performance of such 2 obligations. (11) Business Associate shall account for the following disclosures: c� (i) Business Associate shall maintain and document disclosures of PHI and U 4- Breaches of Unsecured PHI and any information relating to the disclosure of PHI and Breach of 0 0 Unsecured PHI in a manner as would be required for Covered Entity to respond to a request by an individual or the Secretary for an accounting of PHI disclosures and Breaches of Unsecured PHI. (ii) Business Associate shall provide to Covered Entity, or to an individual c0 at Covered Entity's request, information collected in accordance with this Section (b)(11), to 0 U permit Covered Entity to respond to a request by an individual or the Secretary for an accounting 0 of PHI disclosures and Breaches of Unsecured PHI. E 0 LO (iii) Business Associate shall account for any disclosure of PHI used or maintained as an Electronic Health Record (as defined in Section (e)(1) below) ("EHR") in a manner consistent with 45 C.F.R. § 164.528 and related guidance issued by the Secretary from time to time;provided that an individual will have the right to receive an accounting of disclosures of EHR by the Business Associate made on behalf of the Covered Entity only during the three U) 0 2 years prior to the date on which the accounting is requested from Covered Entity. LO (iv) In the case of an EHR that the Business Associate acquired on behalf c� of the Covered Entity as of January 1, 2009, Section (b)(11)(iii) above will apply to disclosures U LO with respect to PHI made by the Business Associate from such EHR on or after January 1, 2014. N ri In the case of an EHR that the Business Associate acquires on behalf of the Covered Entity after ri LO January 1, 2009, Section (b)(11)(iii) above will apply to disclosures with respect to PHI made by c� HIPAA Business Associate Agreement Page 5ofII Packet Pg. 79 C.1.a the Business Associate from such EHR on or after the later of January 1, 2011, or the date that it 2 acquires the EHR. (12) Business Associate shall comply with the"Prohibition on Sale of Electronic c� Health Records or Protected Health Information," as provided in Section 13405(d) of Subtitle D U 4- (Privacy) of ARRA, and the"Conditions on Certain Contacts as Part of Health Care Operations," 0 as provided in Section 13406 of Subtitle D (Privacy)of ARRA and related guidance issued by the Secretary from time to time. (13) Business Associate acknowledges that, effective on the Effective Date of c0 this BAA,it will be liable under the civil and criminal enforcement provisions set forth at 42 U.S.C. 0 U § 1320d-5 and 1320d-6, as amended, for failure to comply with any of the use and disclosure 0 requirements of this BAA and any guidance issued by the Secretary from time to time with respect to such use and disclosure requirements. (c) Permitted Uses and Disclosures By Business Associate. (1) General Uses and Disclosures. Business Associate shall receive, create, use, or disclose PHI only in a manner that is consistent with this BAA, the Privacy Rule, or Security Rule (as defined in Section 5) and only in connection with providing services to Covered Entity; 0 2 provided that the use or disclosure would not violate the Privacy Rule, including 45 C.F.R. § 2.1 LO 164.504(e), if the use or disclosure would be done by Covered Entity. For example, the use and a c� disclosure of PHI will be permitted for "treatment, payment, and health care operations," in U accordance with the Privacy Rule. N ri (2) Business Associate may use or disclose PHI as required by law. ci LO (3) Business Associate shall make uses and disclosures and requests fbr PHI: consistent with Covered Entity's Minimum Necessary policies and procedures. c� HIPAA Business Associate Agreement Page 6 of 11 Packet Pg. 80 (4) Business Associate may not use or disclose PHI in a manner that would c� violate Subpart E of 45 C.F.R. Part 164 if done by the Covered Entity. LO (5) Specific Other Uses and Disclosures: c� (i) Except as otherwise limited in this BAA, Business Associate may U 4- use or disclose PHI as necessary to perform the services set forth in the Underlying Agreement, 0 0 including Exhibit A. CL (ii) Except as otherwise limited in this BAA, Business Associate may use PHI to provide Data Aggregation Services to Covered Entity as permitted by HIPAA. c0 (iii) Except as otherwise provided in this BAA, Business Associate may 0 U use PHI for its proper management and administration or to carry out its legal responsibilities as 0 permitted under applicable law. (d) Obligations of Covered Entity. (1) Covered Entity shall comply with the following obligations: (i) Covered Entity shall provide Business Associate with the Notice of Privacy Practices that Covered Entity produces in accordance with the Privacy Rule, and any changes or limitations to such notice under 45 C.F.R. § 164.520, to the extent that such changes c� or limitations may affect Business Associate's use or disclosure of PHI. (ii) Covered Entity shall notify Business Associate of any restriction to c� the use or disclosure of PHI that Covered Entity has agreed to or is required to abide by under 45 U C.F.R. § 164.522, to the extent that such restriction may affect Business Associate's use or cN disclosure of PHI under this BAA. le cl LO c� HIPAA Business Associate Agreement Page 7 of 11 Packet Pg. 81 C.1.a (iii) Covered Entity shall notify Business Associate of any changes in or c� revocation of permission by an individual to use or disclose PHI,if such change or revocation may affect Business Associate's permitted or required uses and disclosures of PHI under this BAA. c� (2) Covered Entity shall not request Business Associate to use or disclose PHI U 4- in any manner that would not be permissible under the Privacy and Security Rule if done by 0 Covered Entity, except as provided under Section(c)of this BAA. (e) Compliance with Security Rule. (1) Business Associate shall comply with the HIPAA Security Rule, which 0 U means the Standards for Security of Electronic Protected Health Information at 45 C.F.R. Part 160 0 U and Subparts A and C of Part 164, as amended by ARRA and the HITECH Act. The term 0 "Electronic Health Record"or "EHR" as used in this BAA means an electronic record of health- 0 LO related information on an individual that is created, gathered, managed, and consulted by authorized health care clinicians and staff. (2) In accordance with the Security Rule, Business Associate shall perform the following: (i) Business Associate shall implement the administrative safeguards U) 0 c� set forth at 45 C.F.R. § 164.308, the physical safeguards set forth at 45 C.F.R. § 164.310, the LO technical safeguards set forth at 45 C.F.R. § 164.312, and the policies and procedures set forth at c� 45 C.F.R. § 164.316, to reasonably and appropriately protect the confidentiality, integrity, and 0 U LO availability of the ePHI that it creates,receives,maintains,or transmits on behalf of Covered Entity N as required by the Security Rule.Business Associate acknowledges that,effective on the Effective ri ri LO Date of this BAA, (a)the foregoing safeguards,policies, and procedures requirements shall apply to Business Associate in the same manner that such requirements apply to Covered Entity, and (b) c� HIPAA Business Associate Agreement Page 8of11 Packet Pg. 82 C.1.a Business Associate shall be liable under the civil and criminal enforcement provisions set forth at 0 c� 42 U.S.C. § 1320d-5 and 1320d-6, as amended from time to time, for failure to comply with the LO safeguards, policies, and procedures requirements and any guidance issued by the Secretary from c� time to time with respect to such requirements; c) 4- (ii) Business Associate shall require that any agent, including a 0 0 Subcontractor, to whom it provides such PHI agrees to implement reasonable and appropriate safeguards to protect the PHI; and (iii) Business Associate shall report to the Covered Entity any Security c0 Incident of which it becomes aware. 0 U (f) Indemnification. 0 The parties agree and acknowledge that except as set forth in this BAA,the indemnification E 0 LO obligations contained under the Underlying Agreement govern each party's performance under this BAA. (g) Term and Termination. (1) This BAA has the same Term as provided in Section 6 of the Underlying Agreement and the same provisions for Termination as provided in Section 7 of the Underlying U) 0 2 Agreement. LO (2) Upon termination of this BAA for any reason, the parties agree that c� Business Associate will be required to return to Covered Entity all PHI received from Covered U LO Entity,or created,maintained, or received by Business Associate on behalf of Covered Entity,that N the Business Associate still maintains in any form. The PHI must be returned in a format that is c� LO reasonably expected to preserve its accessibility and usability. Upon termination, Business c� HIPAA Business Associate Agreement Page 9 of 11 Packet Pg. 83 C.1.a Associate shall retain no copies of the PHI and any Business Associate will be required to destroy 0 2 all such copies. (3) The obligations of Business Associate under this Section (g) will survive c� the termination of this BAA. U 4- (h) General Provisions. 0 0 (1) The parties shall take such action as is necessary to amend this BAA to comply with the requirements of the Privacy Rule, the Security Rule, HIPAA, ARRA, the HITECH Act, the HIPAA Rules, and any other applicable law. c0 (2) The respective rights and obligations of Business Associate under Sections 0 U (f) and (g) of this BAA will survive the termination of this BAA. 0 (3) The parties intend for this BAA to be interpreted in the following manner: E (i) Any ambiguity will be resolved in favor of a meaning that permits Covered Entity to comply with the HIPAA Rules. (ii) Any inconsistency between the BAA's provisions and the HIPAA Rules,including all amendments, as interpreted by the HHS, a court, or another regulatory agency with authority over the parties, will be interpreted according to the interpretation of the HHS, the U) 0 2 court, or the regulatory agency. (iii) Any provision of this BAA that differs from those required by the c� HIPAA Rules, but is nonetheless permitted by the HIPAA Rules, will be adhered to as stated in U this BAA. N ri (4) This BAA constitutes the entire agreement between the parties related to the ci LO subject matter of this BAA, except to the extent that the Underlying Agreement imposes more stringent requirements related to the use and protection of PHI upon Business Associate.This BAA c� HIPAA Business Associate Agreement Page 10 of 11 Packet Pg. 84 C.1.a supersedes all prior negotiations,discussions,representations,or proposals,whether oral or written U) 0 c� with respect to its subject matter. This BAA may not be modified unless done so in writing and 2.1 0 LO signed by a duly authorized representative of both parties. If any provision of this BAA, or any c� part of such provision, is found to be invalid, the remaining provisions will remain in effect. U 4- (5) This BAA is binding on the successors and assigns of the Covered Entity 0 0 and the Business Associate. However, this BAA may not be assigned, in whole or in part,without the written consent of the other party. Any attempted assignment in violation of this provision will be null and void. 0 U (6) Except to the extent preempted by federal law, Section 24 of the Underlying 0 Agreement applies the validity, enforcement, and interpretation of this BAA. 6 DGS/dre 6/4/2019 LO T:\Users\Legal Secretary CSB\Purchasing 2019\RFP-603466 R.T.R.Financial Exhibit B.docx �9 U) 0 U U 0 U CN N N LO E U HIPAA Business Associate Agreement Page 11 of 11 Packet Pg. 85 C.1.b 1 SUBMIT PROPOSALS TO: REQUEST FOR Seminole County PROPOSALS (RFP) 1301 East 2nd Street Sanford, Florida 32771 And Attn: PURCHASING & CONTRACTS (PCD) Proposer Acknowledgment c� Contact: Betsy J. Cohen, CPM, CPPO 76 RFP-603466-19/BJC Procurement Administrator Phone: 407-665-7112 COLLECTION SERVICES TO Email: bcohena-seminolecountyfl.aov SEMINOLE COUNTY PROPOSAL DUE DATE — May 1, 2019 Time: 2:00 PM (Eastern Standard Time) Location of Public Opening: Purchasing & Contracts Division, 1301 East 2"d Street, Sanford, FL 32771 0 Proposer Name: Federal Employer ID Number: 0 Mailing Address: If returning as a "No Submittal", state reason � (if so, return only this page): c� City, State, Zip: U 4- 0 Type of Entity (Circle one): Corporation The undersigned Proposer hereby 0. Partnership Proprietorship Joint Venture acknowledges receipt of Addenda Incorporated in the State of: Numbers through List of Principals: Authorized Signature (Manual) Date Email Address: Typed Name: Telephone Number: Title: 0 Fax Number: Date: THIS FORM MUST BE COMPLETED AND RETURNED WITH WRITTEN PROPOSAL N The Proposer is expected to completely analyze the information contained in this Request for Proposals (RFP) as guidance for the preparation of their written proposal. The Proposer's written proposal should be specific, detailed, and complete in order to clearly and fully demonstrate the Proposer's understanding of the proposed work requirements, and it should include a logical plan to accomplish the task(s) under the proposed scope of work. RFP-603466-19/BJC—Collection Services to Seminole County Packet Pg. 86 C.1.b 2 Part - 1 Scope of Services The purpose and intent of this Request for Proposals (RFP) is to solicit sealed proposals to establish a contract with a qualified collection Agency to provide debt collection services to collect outstanding fees and other delinquent charges or accounts. These accounts are at least sixty (60) days in arrears and have received a final bill owed to the County. The Agency shall accept for collection all unpaid accounts for the following County accounts: Environmental Services/Water & Sewer Division; Solid Waste Division, Animal Services and Fire Department; and Leisure Services Department. GENERAL REQUIREMENTS & SCOPE OF SERVICES: 1. The Agency shall implement collection procedures to achieve maximum recovery of debts. Such procedures should include a reasonable number of contacts via telephone and mail efforts. Skip-tracing procedures should be instituted as required to determine if debtor is still located in the area. Written notification by the Agency of any type, verbiage, or format changes must be approved by the County. 2. The services to be provided will be a complete review of outstanding receivable referred to the Agency by the County. The County will turn accounts over to the Agency as specified by the different areas and the Agency will engage in the appropriate activities required to collect the outstanding receivable within twenty-four (24) hours of receipt and will apply whatever means have been approved by the County. 3. The Agency shall accept initial transactions, additions and/or updates to previously t0 reported transactions electronically, preferably in the County's preferred file format. - 4. The Board of County Commissioners is the general administrative body for Seminole County, Florida, a political subdivision of the State of Florida. Florida Statute 27.562 Court ordered repayment of services provided by Court appointed attorney, Public Defender; and sections pursuant to Florida Home Rule give the Board of County Commissioners the authority to contract with a collection agency for purposes of collecting outstanding i receivables. (s. 938.29, Florida Statute 257.261); refer also Confidentiality: Interpreting the Amended Law. 5. Unless prohibited by applicable law, the County retains all rights to all data, reports, programs, designs and other results of this contract. The Agency or its agent shall not produce or otherwise use the products of this contract without the written consent of the W County. The County reserves first publications rights to any products of this contract and the County may place the products in the public domain without permission of the Agency. Nothing herein shall be construed to limit the application of Florida Statutes, Chapter 1197 the Public Records Act, by the Agency to the materials produced in connection with the N contract. Failure by the Agency to abide by provisions of Public Records Law may result in termination of this contract. 6. Payment will be remitted to the Agency for its services on a monthly basis. The County will reimburse the Agency for its mutually agreed percentage share of collections for all accounts. RFP-603466-19/BJC—Collection Services to Seminole County Packet Pg. 87 C.1.b 3 7. The Agency will adhere to all Federal, State, local laws, and collection regulations which are applicable to collection procedures. The Agency submitting this proposal agrees to maintain and make available its working papers to any Federal, State, and/or local governmental agency upon appropriate request, and in accordance with Federal, State, and local governmental agency upon appropriate request, and in accordance with Federal, State, and local provisions. 8. The Agency will provide the Seminole County Finance Department, Accounts Receivable 76 Division, monthly statements detailing the collections received and copy each individual department/division involved, i.e. Water and Sewer Division, Solid Waste Division, Animal Services Division, Fire Department, Leisure Services, etc. This information must be received within ten (10) days after the end of each month. The information may be mailed to the Board of County Commissioners, County Finance, P.O. 8080, Sanford, Florida 32772-8080. 9. Payments will be remitted to the Agency only when collections are made. 0 10. Confidentiality: A. Customer information provided by the County to the Agency is of a confidential nature. Agency shall not disclose such information in whole or in part to any governmental body, non-governmental body or private party without the prior written consent of the County, except as required by law, or upon order of a Court or regulatory agency of competent jurisdiction. Agency shall limit access to g confidential information to only those of its employees who require the information in the course and scope of their official duties. t0 B. The Agency shall be fully responsible for all work performed under the contract. Unless otherwise required by the Florida Sunshine law, all information acquired by the Agency in the course of performing services shall be confidential, and shall not be open to examination by the public for any purpose without prior approval from the County. The Agency shall maintain off-site backup storage of County files and records that is secure from environmental and other hazards. All information provided to the Agency is to be used solely for the purpose of collection of those accounts. The Agency shall be required to assume responsibility for the safety and security of all records provided by the County. All information must be securely stored in a manner to prevent access by unauthorized persons. 11. Reports: Reports to be provided shall include, but not be limited to: These reports and all data shall be provided in hard copy and electronically in Microsoft 0 Excel format via email or FTP. A. An Acknowledgement Report verifying that the Agency has received the 9 account. This report shall be sent to the referring Department/Division electronically, hard copy and other acceptable methods within twenty-four (24) hours of transmittal of account. This report shall indicate the number of accounts, date received and total amount referred. (Monthly). RFP-603466-19/BJC—Collection Services to Seminole County Packet Pg. 88 C.1.b 4 B. A Remittance Statement with each check indicating, at a minimum, customer name, account number, bill date, amount referred, amount paid, date paid, balance due, the cumulative total for each account, and Payer type. (Monthly). C. A detailed Status Report, at the beginning of each month, providing the most recent activity for the previous month on each account shall be provided to the referring Department/Division indicating at a minimum, the name, account number, status, original amount and modified amount due, amount paid last month, amount 2.1 paid to date for each case. Status of accounts shall be indicated such as full payments, partial pays, canceled and returned, letters sent on each account. All amounts shall be totaled. (Monthly). c� D. A Cancellation Report shall be provided by account number, showing the reason for return to the County and outstanding balance. This report shall include legal action recommendations, bankruptcy, deceased, or accounts recalled. If debtor is bankrupt, the bankruptcy case number shall be indicated. If deceased, an indication as to the status of estate. The report shall indicate if collection activity has stopped for any other reason than those outlined above. All original bankruptcy paperwork shall be forwarded to the County within twenty-four (24) hours of receipt. (Monthly). E. An Annual Report shall be provided by the Agency which summarizes the activity of all assigned accounts during the previous year. The annual report shall cover the period of October 1st through September 301h and must be submitted no later than October 31 of the following year. (Annual). F. A Performance Report shall be provided with a summary of aged receivables by category of debt and a report that shows the number of accounts assigned, a collected, collection rate, and number and percentage returned. Invoices and g other material needed for payment must be in written form so they can be sent to the County Finance Department. (Monthly). 0 G. The Agency shall prepare an invoice for the fee. In addition to other information required by the County, monthly invoices must indicate, at a minimum, Contract Number, gross amount collected last month and fee according to the contract. Agency will provide one consolidated invoice listing the gross amount collected for each Office by account. (Monthly). 12. Disputes of debt by debtor must be referred to the County. 13. In order to satisfy future requirements, the Agency should attempt asset location in order to satisfy judgments. 14. The Agency shall not settle any account for anything other than for the full amount unless Lt otherwise directed by the County. 15. The Agency shall perform collection services for any account referred by the County without regard to the amount of the debt. 16. The Agency shall suspend either temporarily or permanently on any account placed by the County upon receipt of notification to do so. The County shall have the right to request the return of an account for any reason. c� 17. The Agency shall not refer any account to any attorney for action, file a lawsuit, place a lien on property, refer any account to another Contractor, or take any other legal action against the debtor on behalf of the County without written approval by the County. RFP-603466-19/BJC—Collection Services to Seminole County Packet Pg. 89 C.1.b 5 18. All copying, faxing, postal costs, etc. of any kind are to be provided by the Agency and reflected in the submitted costs. The sole compensation to the Agency shall be at the rates specified in the resultant contract. 19. The Agency shall be responsible for contacting the sender of monies when there is insufficient information to identify which case the payment is for. 20. The Agency agrees to not assess or impose "a fee on fee" cost. The Agency shall not 76 add a charge of any kind to an assigned account except for the aforementioned bad check charges. 21. The Agency shall be responsible for collecting on any dishonored items received and processed by the Agency. All checks must clear the bank before the Agency sends payment to the County. As a collection agency for the County, the Agency may collect the service fee for any dishonored check, authorized by Florida Statute 125.0105. 22. The Agency shall inform customers to make remittance to be collected by the Agency payable to the Agency. Agency may take credit card payments. There shall be no additional charges to the County for credit card payments accepted by the Agency. U) 0 23. The Agency shall adjust official account balances only from receipts of payment and information received from the County. At no time shall the Agency accept information supplied by a debtor or any other source as evidence to support an account balance. In the case of a dispute by the debtor, the Agency shall direct the debtor to the County. The g Agency may, however, update information such as addresses and telephone numbers obtained through skip-tracing efforts. t0 4- 24. The Agency shall provide the County with a copy of all letters of complaint within ten (10) 0 days of receipt, and indicate what action was taken to achieve an acceptable resolution. 0 25. If partial payment is received by the Agency, follow up will not be done by the County. The Agency must attempt to collect the full balance due. i 26. There will be no charge to the County if the Agency is unable to recover monies on ' accounts assigned. No adjustment to the fee will be made during the term of the contract. 27. All unusual and customary costs incurred as a result of collecting accounts shall be the sole responsibility of the Agency. Any costs of automation equipment, installation of data lines, printing, postage and equipment costs, etc. will be borne by the Agency. 28. In the event the Agency receives payments for service which are later disallowed by the County, such as bad checks paid directly to the Clerk, or adjustments, the County may offset the amount disallowed from any payment due the Agency. 9 29. If the contract is terminated, all accounts will be returned to the referring Department/Division regardless of payments made on account or arrangements made. Any fee due at the time will be paid by the County. RFP-603466-19/BJC—Collection Services to Seminole County Packet Pg. 90 C.1.b 6 30. Liaison A. Agency's staff will work with County staff to facilitate transmission of pertinent information between the County and Agency. The Agency must be able to receive and send data electronically or any agreeable method. B. The Agency shall designate a Collection/Project Manager who will have responsibility for the Agency's performance and will be directly responsible for coordinating efforts with County staff. C. The Agency must provide for immediate telephone contact with the 76 Collection/Project Management during County Business hours of 8:00 AM to 5:00 PM. A maximum of one hour turnaround time for responses to inquires will be required. D. A written response shall be provided to all complaints received by the County of all alleged action taken by the Agency and/or its agents. The response shall be provided by the Collection/Project Manager and shall be received by the County within ten (10) days from the date the request is sent to the Agency. The response shall address all questions and statements made by the County concerning the alleged actions. 31. Personnel shall be competent, qualified and experienced to assure an aggressive, vigorous collection effort with a substantial likelihood of success. Agency shall have bilingual capability in Spanish and English. 32. Agency must be fully automated for electronic sending and receiving of files as well as providing, for the County, on-line near real time access to County accounts during normal g business hours electronically. When requested by the County, Agency shall provide files of specific customer calls for review. t0 4- 33. Agency shall have the capability to effect collections in all 50 states, U.S. Territories or 0 commonwealths, Caribbean nations and Canada. Agency shall meet interstate collections requirements which may include being certified, insured, licensed, registered and/or CL bonded in the state where collection is being attempted or having a resident office in that state. `d CL i 34. County Responsibilities: ' A. The County shall notify the Agency when collection action is to be canceled and returned or suspended temporarily or permanently. B. The County will inform the Agency of adjustments or corrections made to the amount due by referring Department/Divisions. C. Upon the assignment of accounts to the Agency, the County will not be expected 0 to provide any further assistance in the collection of these accounts. D. The County reserves the right to change any portion of the work, outlined herein if there are changes in federal or state law or County ordinance, written rule, 9 resolution or administrative policy or procedure that make it necessary. c� RFP-603466-19/BJC—Collection Services to Seminole County Packet Pg. 91 C.1.b DEPARTMENT/DIVISIONS: 1. Fire Department: ci a. All delinquent accounts with an outstanding balance after six(6) invoices or greater than twelve (12) months upon review by the County and referred to the Agency, are to be collected. Anticipated amount to be collected annually greater than $657000.00 b. The Agency shall provide annual report showing employees meet all Federal, State, and Local requirements for HIPPA and any other mandated or required training. 2. Environmental Services -Water and Sewer Division: a. After review by the County selected accounts that have a balance outstanding greater than sixty (60) days from the due date will be referred to the Agency for collection. b. Agency may enter into payment arrangements with debtor and terms not to exceed ninety (90) days. C. Average bill referred to Agency $70 - $200. d. Average number of bills referred monthly 90 — 110. e. Average amount referred monthly $10,000 - $157000. 3. Environmental Services - Solid Waste Division: n a. Solid Waste annual referral demographic numbers are on average ten (10) checks and totaling approximately $300.00. t0 4- 4. Public Safety -Animal Services Division: 0 0 Accounts which have outstanding balance greater than sixty (60) days, upon review by the County and referred to the Agency are to be collected. Delinquent accounts owing $27634.50 - 46 worthless checks owing $2,119.76. i a. The Agency will handle all paper work involved with collection procedures and will maintain records and current status on all accounts. This information will be available for view by the Public Safety Department via internet access. b. The Agency's collection rates shall be in compliance with Florida Statute 27.561 (Attachment C), and other applicable sections of Florida Home Rule. 5. Leisure Services — Parks and Recreation: Accounts which have outstanding balances greater than one (1) month and a minimum of $50.00, upon review by the County and referred to the Agency, are to be collected. N NSF payments outstanding for more than 30 days from point of contact and exceeding $50.00 will be turned over to the Agency. c� RFP-603466-19/BJC—Collection Services to Seminole County Packet Pg. 92 C.1.b s Part 2 INSTRUCTIONS TO PROPOSERS Section 1 - Contact: All prospective Proposers are hereby instructed not to contact any member of the Seminole County Board of County Commissioners, the County Manager or Deputy Manager, or any Seminole County Staff members other than the noted Purchasing & Contracts Division (herein referred to as 'PCD') Contact Person regarding this RFP or their written proposal at any time prior to the posting on the COUNTY's Website of the recommendation and intent to award by County staff for this project. Any such contact shall be cause for rejection of your 76 proposal. Interpretation of this clause will be solely at the discretion of the County. Section 2 - Public Closing: Written proposals shall be received at PCD in the specified location, date and time (considered to be the deadline for submission) as referenced in the Formal Notice for this RFP, unless otherwise revised via posted Addenda. As soon as possible thereafter, the names of the Proposers that submitted written proposals for this RFP shall be read aloud at the specified location. Persons with disabilities needing assistance to participate in the Public Closing should call the noted PCD Contact Person at least forty-eight (48) hours in advance of the Public Closing at (407) 665-7112. Section 3 - Delays: The COUNTY, at its sole discretion, may delay the scheduled due date and time for submission, if it is to the advantage of the COUNTY to do so. The COUNTY will post all changes in the scheduled due date and time for submission by written addendum posted to the COUNTY's Website: (www.seminolecountyfl.gov/purchasinq) Section 4—Proposal Submission and Withdrawal: The COUNTY will receive written proposals g in hard copy form as stated in the Formal Notice. The outside of the envelope/container must be identified with this RFP Number and Title referenced within the Formal Notice for this RFP. The 0 envelope/container must also include the Proposer's name and return business address. No electronic proposal submissions by email or other electronic method will be accepted. Proposals received after the scheduled due date and time for submission shall be returned unopened. The scheduled due date and time for submission will be scrupulously observed. The COUNTY will not be responsible for late deliveries or delayed mail. The time/date stamp clock located in PCD shall serve as the official authority to determine lateness of any proposal. The COUNTY cautions all Proposers to ensure actual delivery of mailed or hand-delivered proposals prior to the scheduled due date and time for submission that has been set for receiving proposals. Telephone ' confirmation of timely receipt of any proposal should be made by calling (407) 665-7116, before the 2:00 PM deadline. The Proposer is required to submit FIVE (5) COMPLETE SETS in hard copy (one [1] original and four (4) copies), plus ONE (1) copy in a flash-drive, of their complete written proposal. The ' Proposer should submit their written proposal in person or by mail in hard copy form. The 0 electronic copy shall not include information in addition to that being provided in the original hard copy submittal. If additional information is received, PCD will serve notice to the Proposer that the additional information will not be considered under this RFP solicitation. Proposers may 9 withdraw their proposals by notifying the COUNTY in writing at any time prior to the scheduled due date and time for submission. Proposers may withdraw their proposals in person or through an authorized representative. Proposers and authorized representatives must disclose their identity, display proper identification and provide a signed receipt for the proposal. Proposals, once opened, become the property of the COUNTY and will not be returned to the Proposer. At its sole discretion, the COUNTY may request additional information should the COUNTY deem it necessary. RFP-603466-19/BJC—Collection Services to Seminole County Packet Pg. 93 C.1.b 9 Section 5 - Inquiries: All Proposers should carefully examine the RFP documents. Any ambiguities or inconsistencies shall be brought to the attention of PCD Contact Person in writing prior to the scheduled due date and time for submission. Failure to do so, on the part of the Proposer, shall constitute an acceptance by the Proposer of any subsequent decision made by the COUNTY. Any questions concerning the intent, meaning and interpretations of the RFP documents including the attached Draft Agreement, shall be requested in writing, and received by PCD Contact Person no later than ten (10) days prior to the due date. Written requests can be submitted via e-mail: bcohen(a-seminolecountyfl.gov. The COUNTY will not be responsible for oral instructions made by employees of the COUNTY or its authorized representatives in regard to this RFP. Section 6 -Addenda: Should revisions to the RFP documents become necessary, the COUNTY will post Addenda information on the COUNTY's Website. All Proposers should check the COUNTY's Website or notify PCD Contact Person to verify information regarding Addenda. Failure to do so may result in rejection of the Proposer's submitted proposal and a determination as "Non-Responsive". By execution of the Formal Notice for this RFP, the Proposer acknowledges receipt of all Addenda issued under this solicitation. Addenda information will be posted on the COUNTY's Website (www.seminolecountyfl.gov/purchasing). It is the sole responsibility of the Proposer to ensure that they obtain information related to any Addenda. Section 7 - Selection Process and Award: All proposals will be reviewed by personnel as designated by the COUNTY staff in accordance with the qualification/evaluation criteria set forth in the RFP documents. The COUNTY reserves the right to conduct interviews and/or require presentations of any or all Proposers prior to selection. The COUNTY will not be liable for any costs incurred by the Proposer in connection with such presentations. Should oral presentations g for this RFP be required by the COUNTY, the qualification/evaluation criteria and weights shall be used to short-list an adequate number of firms. The County will award a contract based on t0 the proposal that bests meets the County's requirements, that would provide the best service to - the public, and would provide a high return to the County. The Proposer understands that this RFP does not constitute an agreement or a contract with the Proposer. The COUNTY reserves the right to reject all bids/proposals, make multiple awards (award to more than one vendor), make a partial award, to waive formalities, to re-solicit and advertise for new bids/proposals, or to cancel the project in its entirety. CL i Section 8 - Proposal Preparation Costs: Neither the COUNTY nor its representatives shall be ' liable for any expenses incurred in connection with preparation of a response to this RFP. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of this RFP. CL Lt Section 9 - Accuracy of Proposal Information: By submission of a proposal, Proposer ' acknowledges that they have carefully examined the Request for Proposal documents and agrees 0 to furnish the services specified in the solicitation at the prices, rates or discounts as proposed. Proposers agree that their proposal will remain firm for a period of up to one hundred twenty(120) days in order to allow the County adequate time to evaluate the submittals. 9 By submission of a proposal, Proposer agrees to abide by all conditions of this proposal and understands that a background investigation may be conducted by the Seminole County Sheriff's Department prior to award. Proposer certifies that all information contained in their proposal is truthful to the best of their knowledge and belief. Proposer further certifies that they are duly authorized to submit this proposal on behalf of the vendor/Proposer as its act and deed and that the vendor/Proposer is ready, willing and able to perform if selected. RFP-603466-19/BJC—Collection Services to Seminole County Packet Pg. 94 C.1.b 10 Section 10 - Insurance: A misstatement or omission of a material fact, whether intentional or not, regarding the Proposer's insurance coverage, policies or capabilities may be grounds for rejection of the Proposer's submitted proposal and rescission of any ensuing Award Agreement. ci The COUNTY recommends that all Proposers review the insurance requirements listed within the Draft Agreement with their insurance carriers. A copy of the insurance certificate shall be furnished to the COUNTY prior to the final execution of the COUNTY's Award Agreement. The COUNTY reserves the right to reject the award to any Proposer that fails to provide the insurance as required within the COUNTY's Award Agreement. Section 11 - Licenses: Proposers, both corporate and individual, must be fully licensed and certified for the type of work to be performed in the State of Florida at the time of submittal under this RFP. Failure of the Proposer to be fully licensed and certified, may result in rejection of the Proposer's submitted proposal and a determination as "Non-Responsive". Any permits, licenses, or fees required shall be the responsibility of the Proposer. No separate or additional payment will be made for these costs. Adherence to all applicable code regulations, Federal, State, County, City, etc., is the responsibility of the Proposer. 0 Section 12 - Posting of the RFP's Recommendation and Intent to Award: The recommendation and intent to award for this RFP will be posted on the COUNTY's Website 0 (www.seminolecountyfl.gov/purchasing) prior to submission to the Seminole County Board of County Commissioners for final approval of award. Failure to file a protest with the COUNTY's Purchasing & Contracts Manager within the time prescribed in the COUNTY's Purchasing Code, Policies and Procedures shall constitute a waiver of proceedings. Section 13 - Public Records: Upon recommendation and intent to award this RFP as posted to the COUNTY's website or within thirty (30) calendar days after closing, proposals are considered 0 public records and shall be subject to the public disclosure regulations consistent with Chapter 119, Florida Statutes. Proposers must invoke the exemptions to disclosure provided by law in their response to the solicitation and must identify the data or other materials to be protected separate envelope, and must state the reasons why such exclusion from public disclosure is necessary pursuant to the COUNTY's, "Compliance With Public Records Law" Form, which is required as part of the RFP documents. Ownership of all data, material, and documentation originated and prepared for the County pursuant to the RFP shall belong exclusively to the County and be subject to public inspection in accordance with the Public Records Law. Trade secrets or ' proprietary information submitted by a Proposer shall not be subject to public disclosure under the Public Records Law; however, the Proposer must invoke the protection of this section prior to or upon submission of the data or other materials, and must identify the data or other materials to be protected and state the reasons why protection is necessary. Section 14 - Prohibition Against Contingent Fees: It shall be unethical for any person to be retained, or to retain any company or person, other than a bonafide employee working solely for the Proposer to solicit or secure the Award Agreement for this RFP, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bonafide 9 employee working solely for the Proposer, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from award or making of this Award Agreement. For the breach or violation of this provision, the COUNTY shall have the right to terminate the Award Agreement at its sole discretion, without liability and to deduct from the Award Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. RFP-603466-19/BJC—Collection Services to Seminole County Packet Pg. 95 C.1.b 11 Section 15-Acceptance/Resection/Disqualification: The COUNTY reserves the right to accept and make award to those Proposers,who in the opinion of the COUNTY,will be in the best interest of and/or the most advantageous to the COUNTY. The COUNTY reserves the right to reject all bids/proposals, make multiple awards (award to more than one vendor), make a partial award, to re-solicit and advertise for new bids/proposals, or to cancel the project in its entirety. The COUNTY reserves the right to reject the proposal of any Proposer who has previously failed in the proper performance of an award or to deliver on time agreements of a similar nature or who, in the COUNTY's opinion, is not in a position to perform properly under this award. The COUNTY reserves the right to inspect all facilities of Proposers in order to make a determination as to the available resources to perform properly under this award. The COUNTY reserves the right to waive any irregularities, informalities, and technicalities and may, at its discretion, issue a re- procurement. More than one (1) proposal from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that a Proposer is involved in more than one proposal submittal will be cause for rejection of all proposals in which such Proposers are believed to be involved. Any or all proposals will be rejected if there is reason to believe that collusion exists between Proposers. Proposals in which the prices obviously are unbalanced will be subject to rejection. 0 Section 16 - Purchasing Code: Seminole County Code Chapter 220 (Purchasing Code), Administrative Code Section 3.55 (Purchasing Policy), and County Manager Policies apply to this RFP in their entirety. 2 2.1 Section 17 - Affirmation: By submission of a proposal, the Proposer affirms that their proposal is made without prior understanding, agreement or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment or services, and is in g all respects fair and without collusion or fraud. The Proposer agrees to abide by all conditions of this RFP and the resulting Award Agreement. t0 4- Section 18 - Governmental Restrictions: In the event that any governmental restrictions are 0 imposed which would necessitate alteration of the material quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the Proposer to notify the Purchasing and Contracts Division at once, indicating in his/her letter the specific regulation which required an alteration, including any price adjustments occasioned thereby. The County reserves the right to accept such alteration or to cancel the contract or purchase order at no further expense to the County. Section 19 — Advertising: In submitting a proposal, Proposer agrees not to use the results therefrom as a part of any commercial advertising, without the express written approval of the County Manager's Office. Section 20 — Patents and Royalties: Unless otherwise provided, the Proposer shall be solely 0 responsible for obtaining the right to use any patented or copyrighted materials in the performance of the contract resulting from this RFP. The Proposer, without exception, shall indemnify and save harmless the County and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by the Proposer. In the event of any claim against the County of copyright or patent infringement, the County shall promptly provide written notification to the Proposer. If such a claim is made, the Proposer shall use its best efforts to promptly purchase for the County any infringing products or services or procure a license, at no cost to the County, which will allow continued use of the service or product. If none of the alternatives are reasonably RFP-603466-19/BJC—Collection Services to Seminole County Packet Pg. 96 C.1.b 12 available, the County agrees to return the article on request to the Proposer and receive reimbursement, if any, as may be determined by a court of competent jurisdiction. Section 21 - Drug-Free Workplace Compliance: Proposer shall comply with Section 287.087, Florida Statutes, and failure to comply shall result in rejection/disqualification of the proposal and all agreements as a result of this solicitation. 2.1 Section 22 - Public Entity Crime: Any Person or affiliate, as defined in Section 287.133, Florida Statutes, shall not be allowed to contract with the COUNTY, nor be allowed to enter into a 76 subcontract for Work on this Project, if such a person or affiliate has been convicted of a public entity crime within three (3) years from the date this Project was advertised for Proposal, or if such person or affiliate was listed on the State's convicted vendor list, within three (3) years of the date this Project was advertised, whichever time period is greater. A public entity crime means a violation of any state or federal law with respect to and directly related to the transaction of business with any public entity or agency (federal, state or local), including but not limited to, any contract for the construction or repair of a public building or public work involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, forgery, falsification of records, receiving stolen property or material misrepresentation. Any Agreement with the COUNTY obtained in violation of this Section shall be subject to termination for cause. A sub-contractor who obtains a subcontract in violation of this Section shall be removed from the Project and promptly replaced by a sub-contractor acceptable to the COUNTY. 2.1 Section 23 - Proprietary/Restrictive Specifications: Proposers who feel the specifications LO contained herein are proprietary or restrictive in nature, thus potentially resulting in reduced a competition, must notify the Purchasing and Contracts Division of their rejection upon receipt of g this Request for Proposals and prior to the due date. 0 Section 24 - Payment Terms/Discounts: The County's payment terms are in accordance with c- 0 Section 218, Part VI I, Florida Statutes, Florida Prompt Payment Act. Cash discounts for prompt payment shall not be considered in determining the lowest net cost for evaluation purposes. 0 Section 25—Additional Terms and Conditions: Unless expressly accepted by the County, only the terms and conditions in this document and Award Agreement shall apply. Any and all additional terms and conditions shall have no force and effect, and are inapplicable to this proposal if submitted either purposely through intent or design, or inadvertently appearing ' separately in transmittal letters, specifications, literature, price lists or warranties. It is understood and agreed that the general and/or special conditions in these RFP documents and any Addenda issued under this solicitation are the only conditions applicable to this proposal and the Proposer's authorized signature on the Proposal Response Form attests to this. Section 26 - Price Redeterminations: 0 1. During the Renewal Term: Petitions for price redeterminations must be made at the time of County's notification to the Contractor of the renewal period. Any such petition 9 must be made pursuant to the provisions of this Section and only for those price redetermination categories specified herein. Unless otherwise expressly set forth in this document, no other price redeterminations will be allowed. All price redeterminations will be approved by a duly executed amendment to the Contract to reflect the new prices for the renewal term. RFP-603466-19/BJC—Collection Services to Seminole County Packet Pg. 97 C.1.b 13 2, Outside the Renewal Term: Petitions for price redeterminations must be made within thirty (30) days of the anniversary date of the Contract. Any such petition must be made pursuant to the provisions of this Section and only for those price redetermination categories specified herein. Unless otherwise expressly set forth in this document, no other price redeterminations will be allowed. All price redeterminations will be approved by a duly executed amendment to the Contract. 2.1 BASIS FOR PRICE REDETERMINATION& The Contractor may petition the Purchasing and Contracts Division for price redetermination based on the increased costs of wages, fuel, or 76 materials. Price redeterminations will be based solely upon changes in pricing or costs documented by either the Employment Cost Index(ECI) or Producer Price Index(PPI),whichever is applicable, as published by the Bureau of Labor Statistics. The base index number for the ECI will be for the quarter in which the solicitation opens. The base index number for the PPI will be for the month the solicitation opens. Any subsequent price redeterminations will use the last price redetermination approved for that price redetermination category as the"base index number." The County shall have the right to audit the Contractor's records, including, but not limited to, payroll, materials, and fuel cost records, to verify or otherwise investigate the validity of any price redetermination request. WAGE PRICE REDETERMINATION. When requesting a price redetermination based upon an increase in wage costs, the Contractor shall refer to and utilize the Pay & Benefits, Employment Cost Index, Private Industry, Compensation as prepared by the Bureau of Labor Statistics in the U.S. Department of Labor available at www.bls.gov. MINIMUM WAGE PRICE REDETERMINATION. If the minimum wage increases during the term of the Contract, including any renewal or extension period thereunder, the Contractor may petition the Purchasing and Contracts Division for price redetermination for those job categories where t0 the pay to the Contractor's employee(s) is the current minimum wage. Upon verification of the - information provided, the County will grant an increase of exactly the amount of the minimum wage increase (not the percentage increase). The Contractor must increase the pay to the employee(s) by the amount the Contractor has requested, which shall not exceed the amount of the minimum wage increase. The amount paid to the Contractor will be the increase plus any written and documented increase in FICA, Medicare, and Workers'Compensation insurance. The Contractor must supply written documentation of any other increase that is beyond the scope and control of the Contractor. All written documentation must satisfy the reasonable expectations of the Purchasing and Contracts Division. • Example: Minimum wage increases from $7.31 to $7.56 per hour. The Contractor may petition for an increase of$0.25 per hour to be paid to the affected employee(s) and shall provide written and documented cost increases for FICA, Medicare and Workers' W Compensation. The resulting increase in costs shall be incorporated into fees/rates billed to the County. If the Contractor bills the County at a higher price according to any price redetermination I granted by the County, and the Contractor fails to increase the hourly rate paid to the employee for the same period, the Contractor will be considered in Contract default and the Contract will be immediately terminated. c� FUEL PRICE REDETERMINATION. If and when the price of fuel increases by a minimum of ten (10%) percent, the Contractor may petition the Purchasing and Contracts Division for a fuel price redetermination. As a condition of petitioning for a fuel price increase, the Contractor shall be RFP-603466-19/BJC—Collection Services to Seminole County Packet Pg. 98 C.1.b 14 required to petition for a fuel price redetermination decrease if and when the price of fuel decreases by a minimum often (10%) percent. Failure to make such petition may be grounds for Contract termination and shall entitle the County to a refund of the cumulative increase in pay to the Contractor due to any prior fuel price redetermination increase(s). Fuel price redetermination must be based solely upon changes as documented by the Producer Price Index (PPI) for the commodity "Gasoline - WPU057. 2.1 MATERIALS PRICE REDETERMINATION. At the anniversary date of the Agreement, the Contractor may petition the Purchasing and Contracts Division for a materials price 76 redetermination. As a condition of petitioning for a materials price increase, the Contractor shall be required to petition for a materials price redetermination decrease if/when the price of materials used by the Contractor in connection with the Contract decreases. Failure to make such petition may be grounds for Contract termination and shall entitle the County to a refund of the cumulative increase in pay to the Contractor due to any prior materials price redetermination increase(s). Materials price redetermination must be based solely upon changes as documented by the Producer Price Index (PPI) under Inflation & Prices, Industry Data, Construction Machinery Mfg. PCU 333120333120, as published by the Bureau of Labor Statistics. 0 PRICE REDETERMINATION CALCULATION. All Price Redeterminations shall be calculated as follows: U) 0 Example: Contractor indicated on the Submittal Form that fourteen percent (14%) of the cost to provide the product/service is directly attributed to the redetermination category (wages, fuel, or materials). PPI in the month the solicitation closed was $158.73 264.52 Current PPI is $264.52 -158.73 0 105.79 0 $105.79 divided by $158.73 = .666% The unit cost of the service is $100.00 14% of$100.00 = $14.00 $14.00 x .666 = $9.32 i The New Unit Price for the service is $109.32 (105.79 + 9.32) V' EXPIRATION UPON FAILURE TO AGREE TO PRICE REDETERMINATION. If the County and the Contractor cannot agree to a price redetermination pursuant to the terms and conditions of this Section,then the Contract will automatically expire without penalty or further expense to either party after a period of six (6) months following the Contractor's initial request for such price ' redetermination. 0 Requests for price redeterminations not made in accordance with the provisions of this Section shall be deemed null and void and shall not be a valid reason or pretext for expiration or 9 termination of the Contract. If the contract expires pursuant to the terms and conditions of this Section, the County reserves the right, at no expense, penalty, or consequence to the County, to award any remaining tasks thereunder to the next available most responsive and responsible Contractor. RFP-603466-19/BJC—Collection Services to Seminole County Packet Pg. 99 C.1.b 15 Part - 3 Instructions for the preparation of Submittals The Proposer(s) warrants its response to this Request for Proposals to be fully disclosed and correct. The firm must submit a proposal complying with this request for proposals, and the information, documents and material submitted in the proposal must be complete and accurate in all material aspects. The proposals shall include all of the information solicited in this RFP and any additional data that the Proposer deems pertinent to the understanding and evaluation of the proposal. Proposals must be organized and sections tabbed in the order noted below. The 76 Proposer shall not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration since oral presentations or demonstrations are at the option of the County. Marketing materials shall not be included as documentation of Proposer's ability to provide services required. Compliance with all requirements will be solely the responsibility of the Proposer and failure to provide requested information may result in disqualification of response. 1. REQUIRED SUBMITTALS: A. Formal Notice: Page #1 of the RFP Package. If a Proposer is a corporation, it must be certified with the Florida Secretary of State and have a corporate status in good standing, and in the case of out-of-state corporation, they must present 0 evidence of authority to do business in the State of Florida. B. Letter of Transmittal: This letter will summarize in a brief and concise manner, the Proposer's understanding of the scope of work and make a positive commitment to perform the work in a timely manner. The letter should name all of the persons authorized to make representations for the Proposer, including the titles, addresses and telephone numbers of such persons. An authorized agent of the c) Proposer must sign the Letter of Transmittal indicating the agent's title or authority. 0 This letter should also serve as acknowledgement by the Proposer that the contents of the submittal are true and accurate, and that the requirements of this 0 RFP can be met, including but not limited to, insurance, bonding and licensing requirements. Further, the Proposer acknowledges their intent to execute an Agreement with the COUNTY C. License Sanctions: Regulatory/license agency sanctions within the past 5 years. i D. Attachment A- Conflict of Interest Statement (Rev. 9/3/2014) E. Attachment B - Compliance with the Public Records Law (Rev. 3/27/14) F. Attachment C -Worker's Compensation Form (Rev. 3/22/12) G. Attachment D - Taxpayer ID Number and Certification W-9 Form (Rev. 12-2014) H. Attachment E — Drug Free Work Place (Rev. 2/13/06) I. Attachment F - Americans with Disabilities Act Affidavit (Rev. 6/15/01) (If applicable) J. Attachment G — Draft Agreement 2. COMPANY/ STAFF CREDENTIALS: N A. The proposal shall include a description of the Proposer's business history, including any former name(s) of the Proposer, number of years of operation and number of years Proposer has provided collection management services. RFP-603466-19/BJC—Collection Services to Seminole County Packet Pg. 100 C.1.b 16 B. The proposal shall include a description of the proposer's credentials in the field of providing collection management services, which shall include documents pertaining to successful and reliable experience in past performance, especially those performances related to the requirements of this RFP. C. Proposer must provide a summary of the administration, organization and staffing of your firm, including multiple offices, if applicable. Provide an organizational chart indicating the positions and names of the core management team which will LO undertake this engagement. 76 .5 C D. The proposal shall include an acknowledgement of any controversy Proposer has had with regard to Proposer's billing practices. E. The proposal shall include the name and title of the Proposer's primary contact person and secondary contact person who will be assigned to perform services under their proposal, including a brief job description and experience level of the individual(s). 0 F. The proposal shall include an organizational chart that demonstrates the responsibility of the persons who will manage and/or be assigned to perform services under the proposal. 2.1 G. The proposal shall identify the project manager and each individual who will work LO as part of this engagement. Include resumes for each person to be assigned. a Include any professional designations and affiliations, certifications and licenses, etc. as related to the services described in this RFP. 0 U H. The proposal shall describe the experience of the firm in the last thirty six (36) - months in performing collection services in similar size and scope. 0 4. REFERENCES: A. The proposal shall include a list of at least five (5) customers to which the Proposer has provided collection services. The list shall include, for each reference, at least the 01 following: 1. Client Name 2. Contact person name, telephone number, fax number and e-mail. 3. A brief written description of the service provided to the Client. 5. APPROACH / METHODOLOGY/ MANAGEMENT: W A. The Proposer shall describe in detail the specific plans for maximizing the collection of accounts receivables. N B. The Proposer shall describe in detail the collection cycle that the Agency propose for providing services for the County. C. The proposal shall include, in detail, a description of the system, software and electronic methods to meet the requirements of this RFP. The Proposer shall describe the degree RFP-603466-19/BJC—Collection Services to Seminole County Packet Pg. 101 C.1.b 17 of automation, including documentation of the ability of the system utilized, to accept electronic referrals, and to access billing agencies on-line. D. The Proposer shall provide samples of standard reports for review. E. The Proposer shall provide samples of communication tools the Agency will use to correspond with debtors. F. The proposal shall also address each of the following: 76 .5 1. The collection rate the County may reasonably expect pursuant to the Proposer's proposal. 2. Recommendations regarding changes in billing that may increase the County's collection rate and an estimate of the resulting rate increase (taking into account the County's billing policies which are not expected to change). 3. Proposer's average collection rate achieved for other users over the past five (5) years. 4. Proposer shall indicate how it transitions accounts when a staff member terminates employment with the Proposer. The Proposer must also indicate how the County . is notified of the transition, and the County is assured of no interruption of service during the process. 5. What type of information and reporting the County may expect to receive from Proposer? This would include a listing of reports that the billing software is capable tq of producing including sample reports. - 6. Examples of significant changes Proposer has proposed to other users that were implemented and the result of the implementation of those changes. 7. Proposer's customer relations policy and operation, including but not limited to, its complaint resolution process and its process of handling overpayments. 8. Proposer's commitment of resources and personnel to the setup, and initial phase of this project, including the schedule of meetings to insure a smooth transition and that the County's policies are implemented properly. 9. How Proposer will implement the transition to Proposer's system so there is minimal interruption in the billing, accounting and management information processing. LU 10. The Proposer will state its normal business hours they are available to the County and the methods of contact that are available. 11. The Proposer must demonstrate that the company possesses nationwide collection capabilities; RFP-603466-19/BJC—Collection Services to Seminole County Packet Pg. 102 C.1.b 18 12. The Proposer must demonstrate that Agency has a trained staff with experience working with collections for delinquent accounts in areas such as those described in this RFP. 6. FEES: Explain your payment structure as a percentage of collections or flat fee on delinquent accounts. Contractor agrees to invoice the County each month for the previous month's collections. All expenses in the collection process, including labor, postage, telephone, skip tracing, etc. shall be paid by the Contractor. The Contractor will not be paid on an account if the individual pays the charges prior to being contacted by the Contractor or the individual is declared indigent. U) 0 2 c� 0 U 4- 0 0 CL CL CL 0) i CL Lt N E c� RFP-603466-19/BJC—Collection Services to Seminole County Packet Pg. 103 C.1.b 19 Part - 4 Price Proposal RFP-603466-19/BJC —COLLECTION SERVICES TO SEMINOLE COUNTY �i c� Name of Proposer: Mailing Address: City/State/Zip: Phone Number: ( ) FAX Number: ( ) E-Mail Address: Pursuant to and in compliance with the Request for Proposals, the undersigned Proposer agrees to perform the Work in strict conformity with Contract Documents, including Addenda Nos. through , on file for the rates hereinafter set forth. The undersigned Proposer declares that the only persons/parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any person, firm or corporation; and proposes and agrees that, if the proposal is accepted, Proposer will execute an Agreement with the COUNTY and will furnish Insurance Certificates. Proposer shall include all costs including, but not limited to general administrative overhead;fringe and benefits; profit; transportation of material to the project site; tools, equipment and related 0 c, items; and all incidental necessary for the performance of the work. - Proposer must include all proposed fees and charges associated with the provision of the services 0 outlined in this RFP. • of Gross Collection of Delinquent Accounts for Animal Services Delinquencies i • of Gross Collection of Delinquent Accounts for Water&Wastewater Delinquencies • of Gross Collection of Delinquent Accounts for Solid Waste Services Delinquencies • of Gross Collection of Delinquent Accounts for Parks & Recreation Delinquencies • of Gross Collection of Delinquent Accounts for Fire Department Delinquencies N c� RFP-603466-19/BJC—Collection Services to Seminole County Packet Pg. 104 C.1.b 20 Part - 5 Evaluation of Submittals EVALUATION PROCESS: Each proposal will be reviewed, evaluated, and scored as part of the formal selection process. The Proposer's proposal will be substantial part of the decision process to select a Provider. Each proposal will be reviewed independently based solely on the merits of the proposal. The proposals will then be scored and a short list of Proposers will be selected for additional evaluation, Proposer presentations and reference checks. The COUNTY shall be the sole judge of its own best interests, the proposals, and the resulting agreement. The COUNTY's 76 decisions will be final. Award will be made to the proposal which presents the best value to the COUNTY based on the evaluation process and all the information gathered. EVALUATION METHOD AND CRITERIA: Proposals will be evaluated using the criteria listed below to ascertain which proposal best meets the requirements of the County. The items to be considered during the evaluation and associated point values are as follows: • Work Approach, methodology and quality — general understanding of the scope of services, the firm's corresponding adaptability to the work, the project approach and demonstrated solutions to providing complete, comprehensive and accurate services and reports. (0— 15 Points) • Fees and costs set forth by the Proposer (0—20 Points) • Experience and References (0—20 Points) • Ability to meet all collection requirements, revenue processing, invoicing and accounting requirements (0— 15 Points) • Capability, resources and skills — qualifications and prior job experience of staff members in customer service, and their professional competence to perform collection services. (0 — 15 Points) t) • Compliance, audit process and overall collection system program and suitability. (0— 15 0 Points) 0 The County reserves the right to evaluate, prior to making an award, current financial statements and data from the Proposers,the ability to comply with required schedule, past record of integrity and past record of performance. i ASSESSMENT: The team will evaluate each proposal against the requirements of the solicitation. Results of the assessment will be portrayed as follows: Highly Acceptable: Proposal exceeds the requirements in a way that benefits the County or meets the requirements and has enhancing features benefit the County. Acceptable: Proposal meets the County requirements. Any weakness is minor. Marginal: Proposal contains weaknesses or minor deficiencies which could have an impact, if accepted. Unsatisfactory: Proposal does not comply substantially with the requirements. N The submittals will be evaluated on: Strengths: Those areas in which the proposal exceeds the County's requirements. Weaknesses: Those areas where the proposal lacks soundness or effectiveness which could prevent fully successful performance of the contract. Deficiencies: Those areas where the proposal fails to meet the County's requirements. Packet Pg. 105 C.1.b 21 ATTACHMENT A Conflict of Interest Statement STATE OF FLORIDA ) ) SS COUNTY OF ) c2 Before me, the undersigned authority, personally appeared who was duly sworn, 2.1 deposes, and states: 1. 1 am the of with a local office in and principal office in 2. The above named entity is submitting an Expression of Interest for the Seminole County project described as RFP-603466-19/BJC. 3. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon LL his/her own knowledge. 4. The Affiant states that only one submittal for the above project is being submitted and that the above named entity has no financial interest in other entities submitting proposals for the same project. 5. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion,or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project.This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project. 6. Neither the entity nor its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from participating in contract lettings by any local,state, or federal agency. 7. Neither the entity, nor its affiliates, nor anyone associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 0 8. 1 certify that no member of the entity's ownership, management,or staff has a vested interest in any aspect of . or Department of Seminole County. 9. 1 certify that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with Seminole County. 0 10. 1 certify that no member of the entity's ownership or management is currently serving as a member of any y Seminole County advisory board(s)or committee(s), or alternatively state that (insert the individual's name) , who is a member of the above-named entity's ownership or management, is 0 currently serving as a member of the following Seminole County advisory board(s) or committee(s): U 4- 0 11. In the event that a conflict of interest is identified in the provision of services, 1, on behalf of the above named entity,will immediately notify Seminole County in writing. 0 CL DATED this day of ,20 C' 119 Signature � Typed Name of Affiant TitleCL Sworn to and subscribed before me this day of ,20 Personally known 0 z OR Produced identification Notary Public-State of 9 My commission expires C14 (Type of identification) a� (Printed typed or stamped commissioned name of notary public) THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL 9/3/2014 Packet Pg. 106 C.1.b 22 ATTACHMENT B COMPLIANCE WITH THE PUBLIC RECORDS LAW Seminole County shall comply with the Public Records Law as provided by Chapter 119, Florida Statutes, and all applicable amendments. Applicants must invoke the exemptions to disclosure provided by law in the response to the solicitation and must identify the data or other materials to be protected by separate envelope, and must state the reasons why such exclusion from public disclosure is necessary. The 2.1 submission of a response authorizes release of your firm's credit data to Seminole County. If the company submits information exempt from public disclosure, the company must identify with specificity which pages/paragraphs of their submittal/proposal package are exempt from the Public Records Act, identifying the specific exemption section that applies to each. The protected information must be submitted to the County in a separate envelope marked "EXEMPT FROM PUBLIC RECORDS LAW". Failure to identify protected material via a separately marked envelopment will cause the County to release this information in accordance with the Public records Law despite any markings on individual pages of your submittal/proposal. (a) CONTRACTOR acknowledges COUNTY's obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statues, to release public records to members of the public upon request. CONTRACTOR acknowledges that COUNTY is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and that said statute controls over the terms of this Agreement. (b) CONTRACTOR specifically acknowledges its obligations to comply with Section 119.0701, Florida Statutes, with regard to public records, and shall: (1) keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the services required under this Agreement, (2) provide the public with access to public records on the same terms and conditions that COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law, 0 U (3) ensure that public records that are exempt or confidential and exempt from public records - disclosure requirements are not disclosed, except as authorized by law,and, (4) meet all requirements forretaining public records and transfer, at no cost to the COUNTY, all public > 0 records in possession of CONTRACTOR upon termination of this Agreement and destroy any duplicate CL public records that are exempt or confidential and exempt from public records disclosure requirements. All CL records stored electronically must be provided to COUNTY in a format that is compatible with the information technology system of COUNTY. CL (c) Failure to comply with this Section shall be deemed a material breach of this Agreement for which COUNTY may terminate this Agreement immediately upon written notice to CONTRACTOR. By submitting a response to this solicitation, the company agrees to defend the County in the event it is forced to litigate the public records status of the company's documents. CL Lt Company Name: 0 Authorized representative (printed): Authorized representative (signature): cN Date: c� Project Number: RFP-603466-19/BJC THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL Packet Pg. 107 23 ATTACHMENT C WORKERS' COMPENSATION FORM .2 E U) 0 .2 0 u 4- 0 0 CL CL CL 0) cn Q w i CL Lt w -i 0 z 9 w 9 CN E .a u Packet Pg. 108 C.1.b 24 WORKERS' COMPENSATION COMPLIANCE CERTIFICATION Chapter 440 of the Florida Statutes establishes a workers' ci compensation system designed to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker' s return to gainful employment at a reasonable cost to the employer. It is the policy of Seminole County to do business only with those entities which are fully compliant with Chapter 440, including all reporting and premium payment requirements. To meet this compliance requirement, the undersigned hereby certifies LL that (name of business entity) ❑ has fully complied with all the requirements of Chapter 440, Florida Statutes, including provisions regarding reporting and premium payments; or ❑ 0 is exempt from the provisions of Chapter 440, Florida Statutes, for the following reason: c� 0 U 4- 0 0 By: Title: I STATE OF FLORIDA ) COUNTY OF SEMINOLE ) I HEREBY CERTIFY that, on this day of 20 before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared as of a corporation duly authorized to conduct business in the State of Florida, who is Li personally known to me or L , who has produced as identification. N He/she acknowledged before me that the foregoing instrument was executed by such officer in the name and on behalf of the corporation, and that the official seal of the corporation has been affixed hereto. [NOTARY SEAL] Notary Public in and for the County and State Aforementioned P:\Users\Legal Secretary CSB\Forms-Purchasing\workers' comp certification2.docx Packet Pg. 109 25 ATTACHMENT D W-9 FORM .2 U) 0 .2 0 u 4- 0 0 CL CL CL 0) cn Q w i CL Lt w -i 0 z 9 w 9 CN E .a u Packet Pg. 110 C.1.b �A� 26 Form _9 Request for Taxpayer Give Form to the (Rev.December 20 Identification Number and Certification requester. Do not Departmentnt of the Treasury send to the IRS. Internal Revenue Service 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. 2 Business name/disregarded entity name,if different from above N U N 3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to o ❑ p ❑ ❑ ❑ ❑ certain entities,not individuals;see U w Individual/sole proprietor or C Corporation S Corporation PartnershipTrust/estate instructions on page 3): , 4) c single-member LLC a p Exempt payee code(if any) >,.„ ❑Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)► LO p ? Note.For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the line above for Exemption from FATCA reporting N the tax classification of the single-member owner. code(if any) a ❑Other(see instructions)► (Applies to accounts maintained outside the U.S.) 5 Address(number,street,and apt.or suite no.) Requester's name and address(optional) U N a 6 City,state,and ZIP code U) 7 List account number(s)here(optional) RiMM Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals,this is generally your social security number(Sag). However,fora —m — resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3. For other entities,it is your employer identification number(EIN). If you do not have a number,see How to get a TIN on page 3. or U) Note. If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for Employer identification number c5 guidelines on whose number to enter. M d LO Certification 0 Under penalties of perjury,I certify that: j 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 0 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue U Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am 0 no longer subject to backup withholding;and 3. I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. I I Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding S because you have failed to report all interest and dividends on your tax return. For real estate transactions,item 2 does not apply.For mortgage 119 interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and I generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the I instructions on page 3. Sign Signature of Here U.S.person► Date► General Instructions •Form 1098(home mortgage interest),1098-E(student loan interest),1098-T (tuition) It Section references are to the Internal Revenue Code unless otherwise noted. •Form 1099-C(canceled debt) Future developments.Information about developments affecting Form W-9(such •Form 1099-A(acquisition or abandonment of secured property) W as legislation enacted after we release it)is at www.irs.gov/fw9. Use Form W-9 only if you are a U.S.person(including a resident alien),to Purpose of Form provide your correct TIN. An individual or entity(Form W-9 requester)who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be subject return with the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding.See What is backup withholding?on page 2. which may be your social security number(SSN),individual taxpayer identification By signing the filled-out form,you: CN number(ITIN),adoption taxpayer identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a number identification number(EIN),to report on an information return the amount paid to � you,or other amount reportable on an information return.Examples of information to be issued), returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding,or •Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If •Form 1099-DIV(dividends,including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of any partnership income from a U.S.trade or business is not subject to the •Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and •Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are brokers) exempt from the FATCA reporting,is correct.See What is FATCA reporting?on •Form 1099-S(proceeds from real estate transactions) page 2 for further information. •Form 1099-K(merchant card and third party network transactions) Cat.No.10231X Form W-9(Rev.12-2014) Packet Pg. 111 C.1.b 27 Form W-9(Rev.12-2014) Page 2 Note.If you are a U.S.person and a requester gives you a form other than Form 3.The IRS tells the requester that you furnished an incorrect TIN, W-9 to request your TIN,you must use the requester's form if it is substantially 4.The IRS tells you that you are subject to backup withholding because you did similar to this Form W-9. not report all your interest and dividends on your tax return(for reportable interest Definition of a U.S.person.For federal tax purposes,you are considered a U.S. and dividends only),or person if you are: 5.You do not certify to the requester that you are not subject to backup •An individual who is a U.S.citizen or U.S.resident alien; withholding under 4 above(for reportable interest and dividend accounts opened •A partnership,corporation,company,or association created or organized in the after 1983 only). United States or under the laws of the United States; Certain payees and payments are exempt from backup withholding.See Exempt •An estate(other than a foreign estate);or payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information. •A domestic trust(as defined in Regulations section 301.7701-7). cy Special rules for partnerships.Partnerships that conduct a trade or business in Also see Special rules for partnerships above. the United States are generally required to pay a withholding tax under section What is FATCA reporting? 1446 on any foreign partners'share of effectively connected taxable income from such business.Further,in certain cases where a Form W-9 has not been received, The Foreign Account Tax Compliance Act(FATCA)requires a participating foreign the rules under section 1446 require a partnership to presume that a partner is a financial institution to report all United States account holders that are specified foreign person,and pay the section 1446 withholding tax.Therefore,if you are a United States persons.Certain payees are exempt from FATCA reporting.See cj U.S.person that is a partner in a partnership conducting a trade or business in the Exemption from FATCA reporting code on page 3 and the Instructions for the United States,provide Form W-9 to the partnership to establish your U.S.status Requester of Form W-9 for more information. and avoid section 1446 withholding on your share of partnership income. In the cases below,the following person must give Form W-9 to the partnership Updating Your Information for purposes of establishing its U.S.status and avoiding withholding on its You must provide updated information to any person to whom you claimed to be allocable share of net income from the partnership conducting a trade or business an exempt payee if you are no longer an exempt payee and anticipate receiving in the United States: reportable payments in the future from this person.For example,you may need to •In the case of a disregarded entity with a U.S.owner,the U.S.owner of the provide updated information if you are a C corporation that elects to be an S •° disregarded entity and not the entity; corporation,or if you no longer are tax exempt.In addition,you must furnish a new Form W-9 if the name or TIN changes for the account;for example,if the grantor •In the case of a grantor trust with a U.S.grantor or other U.S.owner,generally, of a grantor trust dies. the U.S.grantor or other U.S.owner of the grantor trust and not the trust;and •In the case of a U.S.trust(other than a grantor trust),the U.S.trust(other than a Penalties grantor trust)and not the beneficiaries of the trust. Failure to furnish TIN.If you fail to furnish your correct TIN to a requester,you are Foreign person.If you are a foreign person or the U.S.branch of a foreign bank subject to a penalty of$50 for each such failure unless your failure is due to that has elected to be treated as a U.S.person,do not use Form W-9.Instead,use reasonable cause and not to willful neglect. the appropriate Form W-8 or Form 8233(see Publication 515,Withholding of Tax Civil penalty for false information with respect to withholding.If you make a on Nonresident Aliens and Foreign Entities). false statement with no reasonable basis that results in no backup withholding, 2 Nonresident alien who becomes a resident alien.Generally,only a nonresident you are subject to a$500 penalty. alien individual may use the terms of a tax treaty to reduce or eliminate U.S.tax on Criminal penalty for falsifying information.Willfully falsifying certifications or certain types of income.However,most tax treaties contain a provision known as affirmations may subject you to criminal penalties including fines and/or a"saving clause."Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee imprisonment. O has otherwise become a U.S.resident alien for tax purposes. Misuse of TINS.If the requester discloses or uses TINS in violation of federal law, If you are a U.S.resident alien who is relying on an exception contained in the the requester may be subject to civil and criminal penalties. saving clause of a tax treaty to claim an exemption from U.S.tax on certain types 6 of income,you must attach a statement to Form W-9 that specifies the following Specific Instructions U five items: 4- 1.The treaty country.Generally,this must be the same treaty under which you Line 1 claimed exemption from tax as a nonresident alien. You must enter one of the following on this line;do not leave this line blank.The M 2.The treaty article addressing the income. name should match the name on your tax return. 0- 3.The article number(or location)in the tax treaty that contains the saving If this Form W-9 is for a joint account,list first,and then circle,the name of the I clause and its exceptions. person or entity whose number you entered in Part I of Form W-9. I 4.The type and amount of income that qualifies for the exemption from tax. a. Individual.Generally,enter the name shown on your tax return.If you have changed your last name without informing the Social Security Administration(SSA) 5.Sufficient facts to justify the exemption from tax under the terms of the treaty of the name change,enter your first name,the last name as shown on your social I article. security card,and your new last name. Example.Article 20 of the U.S.-China income tax treaty allows an exemption Note.ITIN applicant:Enter your individual name as it was entered on your Form from tax for scholarship income received by a Chinese student temporarily present W-7 application,line 1 a.This should also be the same as the name you entered on in the United States.Under U.S.law,this student will become a resident alien for the Form 1040/1040A/1040EZ you filed with your application. tax purposes if his or her stay in the United States exceeds 5 calendar years. However,paragraph 2 of the first Protocol to the U.S.-China treaty(dated April 30, b. Sole proprietor or single-member LLC.Enter your individual name as 1984)allows the provisions of Article 20 to continue to apply even after the shown on your 1040/1040A/1040EZ on line 1.You may enter your business,trade, Chinese student becomes a resident alien of the United States.A Chinese student or"doing business as"(DBA)name on line 2. I who qualifies for this exception(under paragraph 2 of the first protocol)and is c. Partnership,LLC that is not a single-member LLC,C Corporation,or S It relying on this exception to claim an exemption from tax on his or her scholarship Corporation.Enter the entity's name as shown on the entity's tax return on line 1 or fellowship income would attach to Form W-9 a statement that includes the and any business,trade,or DBA name on line 2. ®! information described above to support that exemption. d. Other entities.Enter your name as shown on required U.S.federal tax If you are a nonresident alien or a foreign entity,give the requester the documents on line 1.This name should match the name shown on the charter or appropriate completed Form W-8 or Form 8233. other legal document creating the entity.You may enter any business,trade,or DBA name on line 2. Backup Withholding LO e. Disregarded entity.For U.S.federal tax purposes,an entity that is CN What is backupwithholding?Persons making certain payments to you must disregarded as an entity separate from its owner is treated as a"disregarded 9� 9 P Y Y g Y P .. under certain conditions withhold and pay to the IRS 28%of such payments.This entity." See Regulations section 301.7701-2(c)(2)(iii).Enter the owner's name on is called"backup withholding." Payments that may be subject to backup line 1.The name of the entity entered on line 1 should never be a disregarded withholding include interest,tax-exempt interest,dividends,broker and barter entity.The name on line 1 should be the name shown on the income tax return on exchange transactions,rents,royalties,nonemployee pay,payments made in which the income should be reported.For example,if a foreign LLC that is treated settlement of payment card and third party network transactions,and certain as a disregarded entity for U.S.federal tax purposes has a single owner that is a payments from fishing boat operators.Real estate transactions are not subject to U.S.person,the U.S.owner's name is required to be provided on line 1.If the backup withholding. direct owner of the entity is also a disregarded entity,enter the first owner that is You will not be subject to backup withholding on payments you receive if you not disregarded for federal tax purposes.Enter the disregarded entity's name on give the requester your correct TIN,make the proper certifications,and report all line 2,"Business name/disregarded entity name."If the owner of the disregarded your taxable interest and dividends on your tax return. entity is a foreign person,the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S.TIN. Payments you receive will be subject to backup withholding if: 1.You do not furnish your TIN to the requester, 2.You do not certify your TIN when required(see the Part II instructions on page 3 for details), Packet Pg. 112 C.1.b 28 Form W-9(Rev.12-2014) Page 3 Line 2 2 However,the following payments made to a corporation and reportable on Form If you have a business name,trade name,DBA name,or disregarded entity name, 1099-MISC are not exempt from backup withholding:medical and health care you may enter it on line 2. payments,attorneys'fees,gross proceeds paid to an attorney reportable under section 6045(f),and payments for services paid by a federal executive agency. Line 3 Exemption from FATCA reporting code.The following codes identify payees Check the appropriate box in line 3 for the U.S.federal tax classification of the that are exempt from reporting under FATCA.These codes apply to persons person whose name is entered on line 1.Check only one box in line 3. submitting this form for accounts maintained outside of the United States by Limited Liability Company(LLC).If the name on line 1 is an LLC treated as a certain foreign financial institutions.Therefore,if you are only submitting this form for an account you hold in the United States,you may leave this field blank. partnership for U.S.federal tax purposes,check the"Limited Liability Company" Consult with the person requesting this form if you are uncertain if the financial box and enter"P"in the space provided.If the LLC has filed Form 8832 or 2553 to institution is subject to these requirements.A requester may indicate that a code is U) be taxed as a corporation,check the"Limited Liability Company"box and in the not required by providing you with a Form W-9 with"Not Applicable"(or any 2 space provided enter"C"for C corporation or"S"for S corporation.If it is a similar indication)written or printed on the line for a FATCA exemption code. single-member LLC that is a disregarded entity,do not check the"Limited Liability Company"box;instead check the first box in line 3"Individual/sole proprietor or A—An organization exempt from tax under section 501(a)or any individual single-member LLC." retirement plan as defined in section 7701(a)(37) LO B—The United States or any of its agencies or instrumentalities Line 4, Exemptions cy C—A state,the District of Columbia,a U.S.commonwealth or possession,or 9= If you are exempt from backup withholding and/or FATCA reporting,enter in the any of their political subdivisions or instrumentalities M appropriate space in line 4 any code(s)that may apply to you. A= Exempt payee code. D—A corporation the stock of which is regularly traded on one or more U_ established securities markets,as described in Regulations section • Generally,individuals(including sole proprietors)are not exempt from backup 1.1472-1(c)(1)(i) withholding. E—A corporation that is a member of the same expanded affiliated group as a • Except as provided below,corporations are exempt from backup withholding corporation described in Regulations section 1.1472-1(c)(1)(i) for certain payments,including interest and dividends. F—A dealer in securities,commodities,or derivative financial instruments • Corporations are not exempt from backup withholding for payments made in (including notional principal contracts,futures,forwards,and options)that is settlement of payment card or third party network transactions. registered as such under the laws of the United States or any state • Corporations are not exempt from backup withholding with respect to attorneys' G—A real estate investment trust fees or gross proceeds paid to attorneys,and corporations that provide medical or H—A regulated investment company as defined in section 851 or an entity health care services are not exempt with respect to payments reportable on Form registered at all times during the tax year under the Investment Company Act of 1099-MISC. 1940 The following codes identify payees that are exempt from backup withholding. I—A common trust fund as defined in section 584(a) Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a),any IRA,or a J—A bank as defined in section 581 custodial account under section 403(b)(7)if the account satisfies the requirements K—A broker of section 401(f)(2) L—A trust exempt from tax under section 664 or described in section 4947(a)(1) 2—The United States or any of its agencies or instrumentalities M—A tax exempt trust under a section 403(b)plan or section 457(g)plan LO a 3—A state,the District of Columbia,a U.S.commonwealth or possession,or Note.You may wish to consult with the financial institution requesting this form to 0 any of their political subdivisions or instrumentalities determine whether the FATCA code and/or exempt payee code should be 4—A foreign government or any of its political subdivisions,agencies,or completed. instrumentalities Line 5 -6� 5—A corporation U 6—A dealer in securities or commodities required to register in the United Enter your address(number,street,and apartment or suite number).This is where ,- States,the District of Columbia,or a U.S.commonwealth or possession the requester of this Form W-9 will mail your information returns. 7—A futures commission merchant registered with the Commodity Futures Line 6 y Trading Commission Enter your city,state,and ZIP code. 0- 8—A real estate investment trust I 9—An entity registered at all times during the tax year under the Investment Part I. Taxpayer Identification Number IN I Company Act of 1940 Enter your TIN in the appropriate box.If you are a resident alien and you do not 10—A common trust fund operated by a bank under section 584(a) have and are not eligible to get an SSN,your TIN is your IRS individual taxpayer identification number(ITIN).Enter it in the social security number box.If you do not 11—A financial institution have an ITIN,see How to get a TIN below. 12—A middleman known in the investment community as a nominee or If you are a sole proprietor and you have an EIN,you may enter either your SSN custodian or EIN.However,the IRS prefers that you use your SSN. 13—A trust exempt from tax under section 664 or described in section 4947 If you are a single-member LLC that is disregarded as an entity separate from its The following chart shows types of payments that may be exempt from backup owner(see Limited Liability Company(LLC)on this page),enter the owner's SSN withholding.The chart applies to the exempt payees listed above,1 through 13. (or EIN,if the owner has one).Do not enter the disregarded entity's EIN.If the LLC is classified as a corporation or partnership,enter the entity's EIN. I IF the payment is for... THEN the payment is exempt for... Note.See the chart on page 4 for further clarification of name and TIN combinations. >J Interest and dividend payments All exempt payees except How to get a TIN.If you do not have a TIN,apply for one immediately.To apply for 7 for an SSN,get Form SS-5,Application for a Social Security Card,from your local SSA office or get this form online at www.ssa.gov.You may also get this form by Broker transactions Exempt payees 1 through 4 and 6 calling 1-800-772-1213.Use Form W-7,Application for IRS Individual Taxpayer through 11 and all C corporations.S Identification Number,to apply for an ITIN,or Form SS-4,Application for Employer corporations must not enter an exempt Identification Number,to apply for an EIN.You can apply for an EIN online by payee code because they are exempt accessing the IRS website at www.irs.gov/businesses and clicking on Employer CN only for sales of noncovered securities Identification Number(EIN)under Starting a Business.You can get Forms W-7 and ° acquired prior to 2012. SS-4 from the IRS by visiting IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676). Barter exchange transactions and Exempt payees 1 through 4 If you are asked to complete Form W-9 but do not have a TIN,apply for a TIN patronage dividends and write"Applied For"in the space for the TIN,sign and date the form,and give it to the requester.For interest and dividend payments,and certain payments made Payments over$600 required to be Generally,exempt payees with respect to readily tradable instruments,generally you will have 60 days to get reported and direct sales over$5,000 1 through 5 a TIN and give it to the requester before you are subject to backup withholding on payments.The 60-day rule does not apply to other types of payments.You will be Payments made in settlement of Exempt payees 1 through 4 subject to backup withholding on all such payments until you provide your TIN to payment card or third party network the requester. transactions Note.Entering"Applied For"means that you have already applied for a TIN or that 1 See Form 1099-MISC,Miscellaneous Income,and its instructions. you intend to apply for one soon. Caution:A disregarded U.S.entity that has a foreign owner must use the appropriate Form W-8. Packet Pg. 113 C.1.b 29 Form W-9(Rev.12-2014) Page 4 Part II. Certification 3You must show your individual name and you may also enter your business or DBA name on the"Business name/disregarded entity'name line.You may use either your SSN or EIN(if you To establish to the withholding agent that you are a U.S.person,or resident alien, have one),but the IRS encourages you to use your SSN. sign Form W-9.You may be requested to sign by the withholding agent even if °List first and circle the name of the trust,estate,or pension trust.(Do not furnish the TIN of the items 1,4,or 5 below indicate otherwise. personal representative or trustee unless the legal entity itself is not designated in the account For a joint account,only the person whose TIN is shown in Part I should sign title.)Also see Special rules for partnerships on page 2. (when required).In the case of a disregarded entity,the person identified on line 1 `Note.Grantor also must provide a Form W-9 to trustee of trust. must sign.Exempt payees,see Exempt payee code earlier. Note.If no name is circled when more than one name is listed,the number will be cj Signature requirements.Complete the certification as indicated in items 1 considered to be that of the first name listed. through 5 below. 1.Interest,dividend,and barter exchange accounts opened before 1984 Secure Your Tax Records from Identity Theft and broker accounts considered active during 1983.You must give your Identity theft occurs when someone uses your personal information such as your correct TIN,but you do not have to sign the certification. name,SSN,or other identifying information,without your permission,to commit 2.Interest,dividend,broker,and barter exchange accounts opened after fraud or other crimes.An identity thief may use your SSN to get a job or may file a 1983 and broker accounts considered inactive during 1983.You must sign the tax return using your SSN to receive a refund. LO certification or backup withholding will apply.If you are subject to backup To reduce your risk: (� withholdingand you are mere) providing our correct TIN to the requester,you U y y p g y q y •Protect your SSN, � must cross out item 2 in the certification before signing the form. •Ensure your employer is protecting your SSN,and 3.Real estate transactions.You must sign the certification.You may cross out item 2 of the certification. •Be careful when choosing a tax preparer. 4.Other payments.You must give your correct TIN,but you do not have to sign If your tax records are affected by identity theft and you receive a notice from the certification unless you have been notified that you have previously given an the IRS,respond right away to the name and phone number printed on the IRS incorrect TIN."Other payments"include payments made in the course of the notice or letter. requester's trade or business for rents,royalties,goods(other than bills for If your tax records are not currently affected by identity theft but you think you merchandise),medical and health care services(including payments to are at risk due to a lost or stolen purse or wallet,questionable credit card activity corporations),payments to a nonemployee for services,payments made in or credit report,contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit , settlement of payment card and third party network transactions,payments to Form 14039. certain fishing boat crew members and fishermen,and gross proceeds paid to For more information,see Publication 4535,Identity Theft Prevention and Victim attorneys(including payments to corporations). Assistance. 5.Mortgage interest paid by you,acquisition or abandonment of secured property,cancellation of debt,qualified tuition program payments(under Victims of identity theft who are experiencing economic harm or a system section 529),IRA,Coverdell ESA,Archer MSA or HSA contributions or problem,or are seeking help in resolving tax problems that have not been resolved distributions,and pension distributions.You must give your correct TIN,but you through normal channels,may be eligible for Taxpayer Advocate Service(TAS) do not have to sign the certification. assistance.You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 orTTY/TDD 1-800-829-4059. cy What Name and Number To Give the Requester Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business For this type of account: Give name and SSN of: emails and websites.The most common act is sending an email to a user falsely LO claiming to be an established legitimate enterprise in an attempt to scam the user a 1.Individual The individual into surrendering private information that will be used for identity theft. O 2.Two or more individuals(joint The actual owner of the account or, The IRS does not initiate contacts with taxpayers via emails.Also,the IRS does account) f combined funds,the first not request personal detailed information through email or ask taxpayers for the individual on the account' PIN numbers,passwords,or similar secret access information for their credit card, 6 3.Custodian account of a minor The minor" bank,or other financial accounts. U (Uniform Gift to Minors Act) If you receive an unsolicited email claiming to be from the IRS,forward this - 4.a.The usual revocable savings The grantor-trustee' message to phishing@irs.gov.You may also report misuse of the IRS name,logo, trust(grantor is also trustee) or other IRS property to the Treasury Inspector General for Tax Administration b.So-called trust account that is The actual owner' (TIGTA)at 1-800-366-4484.You can forward suspicious emails to the Federal O not a legal or valid trust under Trade Commission at:spam@uce.gov or contact them at www.ftc.gov/idtheft or CL state law 1-877-IDTHEFT(1-877-438-4338). I 5.Sole proprietorship or disregarded The owner' Visit IRS.gov to learn more about identity theft and how to reduce your risk. entity owned by an individual 6.Grantor trust filing under Optional The grantor' Privacy Act Notice I Form 1099 Filing Method 1 (see I Regulations section 1.671-4(b)(2)(i) Section 6109 of the Internal Revenue Code requires you to provide your correct (A)) TIN to persons(including federal agencies)who are required to file information returns with the IRS to report interest,dividends,or certain other income paid to For this type of account: Give name and EIN of: you;mortgage interest you paid;the acquisition or abandonment of secured 7.Disregarded entity not owned by an The owner property;the cancellation of debt;or contributions you made to an IRA,Archer tY3 individual MSA,or HSA.The person collecting this form uses the information on the form to file information returns with the IRS,reporting the above information.Routine uses 8.A valid trust,estate,or pension trust Legal entity' I of this information include giving it to the Department of Justice for civil and 9.Corporation or LLC electing The corporation criminal litigation and to cities,states,the District of Columbia,and U.S. corporate status on Form 8832 or commonwealths and possessions for use in administering their laws.The Form 2553 information also may be disclosed to other countries under a treaty,to federal and 10.Association,club,religious, The organization state agencies to enforce civil and criminal laws,or to federal law enforcement and charitable,educational,or other tax- intelligence agencies to combat terrorism.You must provide your TIN whether or exempt organization not you are required to file a tax return.Under section 3406,payers must generally 11.Partnership or multi-member LLC The partnership withhold a percentage of taxable interest,dividend,and certain other payments to a payee who does not give a TIN to the payer.Certain penalties may also apply for 12.A broker or registered nominee The broker or nominee providing false or fraudulent information. N 13.Account with the Department of The public entity Agriculture in the name of a public entity(such as a state or local government,school district,or prison)that receives agricultural U program payments 14.Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2(see Regulations section 1.671-4(b)(2)(i) (B)) List first and circle the name of the person whose number you furnish.If only one person on a joint account has an SSN,that person's number must be furnished. 2 Circle the minor's name and furnish the minor's SSN. Packet Pg. 114 C.1.b 30 ATTACHMENT E DRUG-FREE WORKPLACE FORM ci The undersigned vendor in accordance with Section 287.087, Florida Statutes, hereby certifies that 2 does: (Name of Business) 76 .5 a 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's 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 proposed 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 proposal, the employee will propose by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 893 or of any controlled t0 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. 0 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, by any employee who is so convicted. i 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. Proposer's Signature cN Firm Date c� Rev. 2/13/06 Packet Pg. 115 C.1.b 31 ATTACHMENT F AMERICANS WITH DISABILITIES ACT AFFIDAVIT ci The undersigned CONTRACTOR swears that the information herein contained is true and correct and that none of the information supplied was for the purpose of defrauding COUNTY. 2.1 The CONTRACTOR will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or 76 applicant for employment is qualified. The CONTRACTOR agrees to comply with the rules, regulations and relevant orders issued pursuant to the Americans with Disabilities Act (ADA), 42 USC s. 12101 et seq. It is understood that in no event shall the COUNTY be held liable for the actions or omissions of the CONTRACTOR or any other party or parties to the Agreement for failure to comply with the ADA. The CONTRACTOR agrees to hold harmless and indemnify the COUNTY, its agents, officers or employees from any and all claims, demands, debts, liabilities or causes of action of every kind or character, whether in law or equity, resulting from the CONTRACTOR's acts or omissions in connection with the ADA. 0 CONTRACTOR: Signature: Printed Name: Title: c� Date: t0 4- Affix Corporate Seal 0 0 CL STATE OF ) )ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20 by _ of firm), on behalf of the firm. He/She is personally known to me or has produced identification. CL Lt Print Name Notary Public in and for the County and State Aforementioned , N My commission expires: E c� Rev. 6/15/01 Packet Pg. 116 32 ATTACHMENT G DRAFT AGREEMENT .2 U) 0 .2 0 u 4- 0 0 CL CL CL 0) cn Q w i CL Lt w -i 0 z 9 w 9 CN E .a u Packet Pg. 117 33 COLLECTION SERVICES AGREEMENT (RFP-603466-19/BJC) THIS AGREEMENT is dated as of the ---------- day of—-—----- 20_______._JP by and between duly .2 authorized to conduct business in the State of Florida, whose address is W in this U_ Agreement "CONTRACTOR," and SEMINOLE COUNTY, a charter county and political subdivision of the State of Florida, whose address is Seminole County Services Building, I 10 1 as 1 st Street, Sanford, Florida 3277 1, in this Agreement"COUNTY." E WITNESSETH: U) WHEREAS, COUNTY desires to retain the services of a competent and qualified 0 contractor to provide collection services to COUNTY; and WHEREAS,COUNTY ha's requested and received expressions of interest for the retention 0 U of services of contractors; and 4- 0 WHEREAS, CONTRACTOR is competent and qualified to provide COUNTY with 0 collection services and desires to provide services according to the terms and conditions stated in this Agreement, NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth in this Agreement, COUNTY and CONTRACTOR agree as follows: CL W Section 1. Services. COUNTY hereby retains CONTRACTOR to provide services as 00 Z 9 further described in the Scope of Services attached as Exhibit A and made a part oft is Agreement. W CONTRACTOR is also bound by all requirements as contained in the solicitation package, all E addenda to this package, and CONTRACTOR's submission in response to this solicitation. ................................................................................................................................................................................................................................................................................. Cokctioin.Services Agreeinent (RFP-603466-19/BJC) Page I of 20 Packet Pg. 118 34 Section 2. Compensation and Payment. (a) COUNTY agrees to compensate CONTRACT'OR for the professional services called ci for under this Agreement a fee ® the amount of, percent( �/o)of the total amount billed .2 and collected, and as indicated on Exhibit B, attached to this Agreement and incorporated by reference. (b) Payments shall be made to CONTRACTOR when requested as work progresses for U- services furnished, but not more than once monthly. CONTRACTOR may invoice amounts due based on the total required services actually performed and completed. Upon review and approval of E CONTRACTOR's invoice,COUNTY shall pay CONTRACTOR the approved amount in accordance with the terms as set forth in Chapter 218, Part `I I, Florida Statutes (2018), as this statute may be U) 0 .2 amended from time to time. to Section 3® Billing and Payment. (a) CONTRACTOR shall render to COUNTY at the close of each calendar month a 0U 4- 0 properly dated and itemized invoice including,but not limited to,the following information: 0 (1) The name and address of CONTRACTOR; (2) Contract Number; (3) A complete and accurate record of services performed by CONTRACTOR for all services performed by CONTRACTOR during that on and for which COUNTY is being CL Lt billed; W -j 0 Z (4) A description of the services rendered in (3) above with sufficient detail to 9 W to identify the exact nature of the work performed; and N (5) Such other information as may be required by this Agreement or requested by E COUNTY fforn time to time. Collection Services Agreement OU?-603466-19/BJC) Page 2 of 20 Packet Pg. 119 35 NOT 1EXECII-7"TION' The original invoice and one(1) copy must be sent to: Director of County Comptroller's Office Seminole County Board of County Commissioners E Post Office Box 8080 Sanford, Florida 32772 Two (2) copies of the invoice must be sent to each of the following: W Seminole County EMS/Fire/Rescue Division 150 Bush Boulevard U- Sanford,Florida 32773 Seminole County Utilities Operations Division 500 West Lake Mary Boulevard Sanford,Florida 32772 E Seminole County Solid Waste Division 1950 State Road 419 Longwood,Florida 32750 Seminole County Animal Services Division 232 Eslinger Way Sanford,Florida 32773 0 U 4- Seminole County Parks and Recreation Division 0 845 Lake Markham Road Sanford,Florida 32771 0 (b) COUNTY shall make payment to CONTRACTOR after review and approval by COUNTY within thirty(30)days of receipt of a proper invoice from CONTRACTOR. Section 4. Audit of Reords. (a) COUNTY may perform or have performed an audit of the records of W -j CONTRACTOR at any time during the term of this Agreement and after final payment to support 0 z 9 W Trial payment under this Agreement. Audits may be performed at a time mutually agreeable to CONTRACTOR and COUNTY. Total compensation to CONTRACTOR may be determined E subsequent to an audit as provided for in this Section and the total compensation so determined .................................................. Collection Services.A.greement (RFP 603466 1.9/BJQ Page 3 of 20 Packet Pg. 120 36 NO"IF11)J14', Section 6. Term. This Agreement takes effect on the date of its execution by COUNTY and continues in effect for three (3) years. At the option of the parties, this Agreement may be ci renewed for two(2)additional one(1)year terms. .2 Section 7. Termination. (a) COUNTY may,by written notice to CONTRACTOR,terminate this Agreement or any Release Order issued under this Agreement, in whole or in part, at any time, either for U- COUNTY's convenience or because of the failure of CONTRACTOR to fulfill its obligations under this Agreement. Upon receipt of such notice, CONTRACTOR shall immediately E discontinue all services affected, unless the notice directs otherwise, and deliver to COUNTY all data, drawings, specifications, reports, estimates, summaries, and any and all such other .2 information and materials of whatever type or nature as may have been accumulated by CONTRACTOR in performing this Agreement, whether completed or in process. 0 (b) If the termination is for the convenience of COUNTY, CONTRACTOR will be U 4- 0 paid compensation for services performed to the date of termination. 0 (c) If the termination is due to the failure of CONTRACTOR to fulfill its obligations under this Agreement, COUNTY may take over the work and carry it to completion by other agreements or otherwise. In such case, CONTRACTOR will be liable to COUNTY for all reasonable additional costs associated with CONTRACTOR's failure to fulfill its obligations CL Lt under this Agreement. W -j 0 z (d) CONTRACTOR will not be liable for such additional costs if the failure to perform 9 W the Agreement arises without any fault or negligence of CONTRACTOR, but CONTRACTOR will be responsible and liable for the actions by its subcontractors, agents,employees,persons,and E entities of a similar type or nature. Matters beyond the fault or negligence of CONTRACTOR ..........................................................................------------------------------I.................. Cofle,ction Services Ap geement (RFP-603466-19/BJC) Page 5 of 20 1 Packet Pg. 121 37 'X E C LJ"FIGI'44'NUTFUR E will be used to calculate final payment to CONTRACTOR. Performance of this audit will not delay final payment as provided by subsection(a) of this Section. ci (b) CONTRACTOR shall maintain all books, documents, papers, accounting records, .2 2.1 and of evidence pertaining to services provided under this Agreement in such a manner as will readily conform to the terms of this Agreement. CONTRACTOR shall make such materials available at CONTRACTOR's office at all reasonable times during the to of this Agreement U. and for five (5) years from the date of final payment under the contract for audit or inspection as provided for in subsection(b) of this Section. E (c) In the event any audit or inspection conducted after final payment but within the period provided in paragraph(c) of this Section reveals any overpayment by COUNTY under the U) 0 .2 2.1 terms of the Agreement, CONTRACTOR shall refund such overpayment to COUNTY within 0 thirty(30) days of notice by COUNTY. 0 Section 5. Responsibility of CONTRACTOR. U 4- 0 (a) CONTRACTOR is responsible for the professional quality of services provided by 0 CONTRACTOR under this Agreement. CONTRACTOR shall correct or revise any errors or deficiencies in its services without additional compensation. (b) COUNTY's review of, approval and acceptance of, or payment for the materials or services required under this Agreement does not operate as a waiver of any rights under this Agreement, or of any cause of action arisin out of the performance of this Agreement. W 9 -j 0 z CONTRACTOR is and will always remain liable to COUNTY in accordance with applicable law 9 W for any and all damages to COUNTY caused by CONTRACTOR's negligent or wrongful N provision of any of the materials or services provided under this Agreement. E ............................................................................................. Collec6on Semices.A.greement (R,FP-(503466-19/BJQ Page 4 of 20 Packet Pg. 122 38 f"Q011FDR, include acts of God or of the public enemy, acts of COUNTY in its sovereign or contractual capacity,fires,floods,epidemics,quarantine restrictions,strikes,freight embargoes,and unusually ci severe weather, but in every case the failure to perform must be beyond the control and without .2 any fault or negligence of CONTRACTOR. (e) If after notice of termination for CONTRACTOR's failure to fulfill its obligations under this Agreement it is determined that CONTRACTOR had not so failed,the termination will U- be conclusively deemed to have been effected for the convenience of COUNTY. In such event, adjustment in the Agreement price will be made as provided in subsection(b)oft °s Section. E (f) The rights and remedies of COUNTY provided for in this Section are in addition and supplemental to any and all other rights and remedies provided by law or under this U) 0 .2 Agreement. Section 8. Agreement and Release Order in Conffict. Wherever the terms of this 0 Agreement conflict with any Release Order issued pursuant to it, this Agreement will prevail. U 4- 0 Section 9. Equal Opportunity Employment. CONTRACTOR shall not discriminate 0 against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, disability, or national origin. CONTRACTOR shall take steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, disability, or national origin. This provision includes, but is not limited to the following: employment,upgrading, demotion or transfer,recraitment advertising, layoff or W -j 0 z termination, rates of pay or other forms of compensation and selection for training including 9 W apprenticeship. N Section 10. No Contingent Fees. CONTRACTOR warrants that it has not employed E or retained any company or person other than a bona fide employee working solely for Collection Services Agreement (RFP-603466-19/BJC) Page 6 of 20 1 Packet Pg. 123 39 1"Q,0T 11'01[4, EXE(I"(J"FIX)JS� CONTRACTOR 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 ci for CONTRACTOR,any fee,commission,percentage,gift,or other consideration contingent upon .2 2.1 or resulting from award or making oft is Agreement. For the breach or violation of this provision, 0) LO -ra COUNTY will have the right to terminate the Agreement at its sole discretion without liability and to deduct from the Agreement price or otherwise recover the full amount of such fee, commission, U- percentage, gift, or consideration. Section ® Conflict of Interest. E (a) CONTRACTOR shall not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with COUNTY or violate U) 0 .2 2.1 or cause others to violate the provisions of Chapter 112,Part III,Florida Statutes,relating to ethics 0 in government. 0 (b) CONTRACTOR hereby certifies that no officer, agent, or employee of COUNTY U 4- 0 has any material interest (as defined in Section 112.312(15), Florida Statutes, as over 5%), either 0 directly or indirectly, in the business of CONTRACTOR to be conducted here and that no such person will have any such interest at any time during the term of this Agreement. Section 12. Assignment. Neither this Agreement nor any interest in it may be assigned, transferred,or otherwise encumbered under any circumstances by either party without prior written consent of the other party and in such cases only by a document of equal dignity with this W -j 0 z Agreement. 9 W Section 13. Subcontractors. CONTRACTOR shall first secure the prior written CN approval of COUNTY before engaging or contracting for the services of any subcontractors under E ......................................................................... ................................. Collection Sery ices.A.gregiment (RFP 603466 19/BJQ Pagre 7 of 20 Packet Pg. 124 40 DDR, this Agreement. CONTRACTOR will remain fully responsible to COUNTY for the services of any subcontractors under this Agreement. ci Section 14. Indemnification of COUNTY. Tote fullest extent permitted by law, .2 2.1 CONTRACTOR shall of harmless, release, and indemnify COUNTY, its commissioners, 0 LO -ra officers, employees, and agents from any and all claims, losses, damages, costs, attorney fees, and lawsuits for damages arising from, allegedly arising from, or related to CONTRACTOR's U_ provision of materials or services under this Agreement caused by CONTRACTOR's act or omission in the performance of this Agreement. E Section 15. Insurance. (a) General. CONTRACTOR shall procure and maintain insurance required under this U) 0 .2 Section at CONTRACTOR's own cost. (1) CONTRACTOR shall provide COUNTY with a Certificate of Insurance on 0 a current AC ORD Form signed by an authorized representative of the insurer evidencing the U 4- 0 insurance required by this Section (Professional Liability, Workers' Compensation/Employer's 0 Liability, Commercial General Liability, and Business Auto). The Certificate must have the Agreement number for this Agreement clearly marked on its face. COUNTY, its officials, officers, and employees must benamed additional insureds under the Commercial General Liability, Umbrella Liability and Business Auto policies. If the policy provides for a blanket additional insured coverage, CONTRACTOR shall provide a copy of the section of the policy W _j 0 Z along with the Certificate of Insurance. If the coverage does not exist,the policy must be endorsed 9 W M I to include the named additional insureds as described in this subsection. The Certificate of N Insurance must provide that COUNTY will be provided, by policy endorsement, not less than E thirty(30)days written notice prior to the cancellation or non-renewal, or by a method acceptable ...................................................................................................................................................................................................... (.'1o11e(:Aio:n Services Agreement (R..FP.-603466 19/BJQ Page 8 of 20 1 Packet Pg. 125 41 N01" 1[h'O 1,?", Vh'N D",�.)Tll 01S� to COUNTY. Until such time as the insurance is no longer required to be maintained by CONTRACTOR, CONTRACTOR shall provide COUNTY with a renewal or replacement ci Certificate of Insurance before expiration or replacement of the insurance for which a previous .2 Certificate of Insurance has been provided. (2) In addition to providing the Certificate of Insurance on a current ACORD Form, upon request as required by COUNTY, CONTRACTOR shall provide COUNTY with a U- certified copy of each of the policies of insurance providing the coverage required by this Section within thirty (30) days after receipt of the request. Certified copies of policies may only be E provided by the insurer, not the agent or broker. (3) Neither approval by COUNTY nor failure to disapprove the insurance U) 0 .2 2.1 provided by CONTRACTOR will relieve CONTRACTOR of its full responsibility for 0 performance of any obligation, including its indemnification of COUNTY,under this Agreement. 0 (b) Insurancp Com, an Requirements. Insurance companies providing the insurance U 4- 0 under this Agreement must meet the following requirements: 0 (1) Companies issuing policies must be authorized to conduct business in the State of Florida and prove such authorization by maintaining Certificates of Authority or Letters of Eligibility issued to the companies by the Florida Office of Insurance Regulation.Alternatively, policies required by this Agreement for Workers' Compensation/Employers' Liability, may be those authorized as a group self-insurer by Section 624.462 1, Florida Statutes. W -j 0 Z (2) In addition,such companies must have and maintain,at a minimum,a Best's 9 W Rating of"A®"and a minimum Financial Size Category of"VI I"according to A.M.Best Company. N (3) If, during the period that an insurance company is providing the insurance E coverage required by this Agreement, an insurance company(i) loses its Certificate of Authority, ..............................................................................................-1............................................................................................. Colleefion.Services Agreement (tUT 603466-19/BJC) Page 9 of 20 1 Packet Pg. 126 42 J.N),0'1' 1?0R EXEC(J"1110N or (ii) fails to maintain the requisite Best's Rating and Financial Size Category, the CONTRACTOR shall immediately notify COUNTY as soon as CONTRACTOR has knowledge ci of any such circumstance and immediately replace the insurance coverage provided by the .2 insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as CONTRACTOR has replaced the unacceptable insurer with an insurer acceptable to COUNTY, CONTRACTOR will be deemed to be in default of this Agree exit. (c) 5M&ations. Without limiting any of the of obligations or liability of E CONTRACTOR, CONTRACTOR shall procure, maintain, and keep in force amounts and types of insurance conforming to the minimum requirements set forth in this subsection, at U) 0 .2 2.1 CONTRACTOR's sole expense. Except as otherwise specified in this Agreement, the insurance 0 will become effective upon execution of this Agreement by CONTRACTOR and must be maintained in force until the expiration of this Agreement's to or the expira 0tion of all Orders U 4- 0 issued under this Agreement, whichever comes last. Failure by CONTRACTOR to maintain this 0 required insurance coverage within the stated period will constitute a material breach of this Agreement, for which COUNTY may immediately terminate this Agreement. 'Me amounts and V- types of insurance must conform to the following minimum requirements- (1) Workers' Con:.iinensatiw1/FM-1-ygLs Liability. CL Lt (A) CONTRACTOR's insurance must cover it for liability that would W -J 0 Z be covered by the latest edition of the standard Workers' Compensation policy as filed for use in 9 W Florida by the National Council on Compensation Insurance without restrictive endorsements. CONTRACTOR is also responsible for procuring proper proof of coverage from its subcontractors E of every tier for liability that is a result of a Workers' Compensation injury to the subcontractor's Collection Services Agreement (RFP-603466-19/BJC) Page 10 of 20 1 Packet Pg. 127 43 employees. The minimum required limits to be provided by both CONTRACTOR and its subcontractors are outlined in subsection (C) below. In addition to coverage for the Florida ci Workers' Compensation Act, where appropriate, coverage must be included for the United States .2 Longshoremen and Harbor Workers' Compensation Act, Federal Employees' Liability Act, and any other applicable Federal or State law. (B) Subject to the restrictions of coverage found in the standard U_ Workers' Compensation policy, there will be no maximum limit on the amount of coverage for liability imposed by the Florida Workers' Compensation Act, the United States Longshoremen's E and Harbor Workers' Compensation Act, or any other coverage customarily insured under Part One of the standard Workers' Compensation policy. U) 0 .2 (C) The minimum amount of coverage under Part Two of the standard Workers' Compensation policy is required to be the following: $500,000.00 (Each Accident) 0 U $500,000.00 (Disease-Policy Limit) 4- 0 $500,000.00 (Disease-Each Employee) 0 (2) Commercial General Liability. (A) CONTRACTOR's insurance must cover it for those sources of liability that would be covered by the latest edition of the standard Commercial General Liability Coverage Forin (ISO Fonn CG 00 01), as filed for use in the State of Florida by the Insurance Services Office. Coverage must not contain any endorsements excluding or limiting W _J 0 z Products/Completed Operations, Contractual Liability, or Separation of Insureds. 9 W M I (B) CONRA MITT shall maintain these minimum insurance limits: N General Aggregate Two Times (2x)the Each Occurrence Limit E Personal &Advertising $1,000,000.00 Injury Limit Each Occurrence Limit $1,000,000.00 ......................................................-------------------------------------1 Coflectl'011 11,3(ffvices Agreement (RFP-603466-19/BJC) Page 11 of 20 Packet Pg. 128 44 N0']' f`0.R 1E'XE(.,1LJ`['1()]'1i Pollution Liability $1,000,000.00 (3) Professional Liabilily Insurance. CONTRACTOR shall carry:Professional E Liability Insurance with limits of not less than One Million and No/I 00 Dollars ($1,000,000.00). .2 (4) Business Auto Policy. (A) CONTRACTOR's insurance must cover CONTRACTOR for those sources of liability which would be covered by Section 11 of the latest edition of the standard LL Business Auto Policy (ISO Form CA 00 01), as filed for use in the State of Florida by the Insurance Services Office. Coverage must include owned, non-owned, and hired autos or any E auto used by CONTRACTOR. In the event CONTRACTOR does not own automobiles, CONTRACTOR shall maintain coverage for hired and non-owned auto liability for autos used by U) 0 .2 2.1 CONTRACTOR, which may be satisfied by way of endorsement to the Commercial General 0 Liability policy orseparate Business Auto Liability policy. If the contract involves operations governed by Sections 29 or 30 of the Motor Carrier Act of 1980, endorsement MCS-90 is required. 0 U 4- 0 (B) The minimum limits to be maintained by CONTRACTOR must be 0 per-accident combined single limit for bodily injury liability and property damage liability. (C) The minimum amount of coverage-under the Business Auto Policy is required to be the following: Combined Single Limit $1,000,000.00 (d) Covera2e. The insurance provided by CONTRACTOR pursuant to this Agreement W _J 0 z must apply on a primary and non-contributory basis, and any other insurance or self-insurance 9 W maintained by COUNTY or COUNTY's officials, officers, or employees must be in excess of and not contributing to the insurance provided by or on behalf of CONTRACTOR. E .........................................................---------"I'll......................... ............ ................................................. Collection Services Agreement (RFP-603466-19/BJC) Page 12 of 20 Packet Pg. 129 45 EXEC",U`1107�4 (e) Occurrence Basis. The Workers' Compensation policy, the Commercial General Liability, and the Umbrella policy required by this Agreement must be provided on an occurrence ci rather than a claims-made basis. 'Me Professional Liability insurance policy may be on an .2 occurrence basis or claims-made basis. If a claims-made basis, the coverage must respond to all claims reported within three (3) years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. U_ (f) Obligations. Compliance with the foregoing insurance requirements will not relieve CONTRACTOR, its employees, or its agents of liability from any obligation under this E Section or any other Section oft °s Agreement. Section 16. Dispute Resolution. U) 0 .2 (a) In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties shall exhaust COUNTY administrative dispute resolution procedures prior to filing a lawsuit or otherwise pursuing le 0gal remedies. COUNTY administrative U 4- 0 dispute resolution procedures for proper invoice and payment disputes are set forth in Section 0 22.15, "Prompt Payment Procedures," Seminole County Administrative Code. COUNTY administrative dispute resolution procedures for contract claims related to this Agreement, other than for proper invoice and payment disputes, are set forth in Section 3.5540, "Contract Claims," Seminole County Administrative Code. (b) In any lawsuit or legal proceeding arising under this Agreement, CONTRACTOR W _j 0 z hereby waives any claim or defense based on facts or evidentiary materials that were not presented 9 W 9 for consideration in COUNTY administrative dispute resolution procedures set forth in subsection N (a) above of which CONTRACTOR had knowledge and failed to present during COUNTY E administrative dispute resolution procedures. ..................................... (.'.Idlection Services. Agreement (RFP-603466-.1.9/BJ Page 13 of 20 Packet Pg. 130 46 (c) In the event that COUNTY administrative dispute resolution procedures are exhausted and a lawsuit or legal proceeding is filed,the parties shall exercise best efforts to resolve ci disputes through voluntary mediation and to select a mutually acceptable mediator. The parties .2 participating in the voluntary mediation shall share the costs of mediation equally. Section 17. Representatives of COUNTY and CONTRACTOR. (a) It is recognized that questions in the day to day conduct of performance pursuant U. to this Agreement may arise. Upon request by CONTRACTOR, COUNTY shall designate and advise CONTRACTOR in writing of one or more of its employees to whom to address all E communications pertaining to the day-to-day conduct of this Agreement. The designated representative will have the authority to transmit instructions, receive information, and interpret U) 0 .2 2.1 and define COUNTY's policy and decisions pertinent tothe work covered by this Agreement. 0 (b) At all times during the normal work week, CONTRACTOR shall designate or 0 appoint one or more representatives who are authorized to act on behalf of CONTRACTOR and U 4- 0 bind CONTRACTOR regarding all matters involving the conduct of the performance pursuant to 0 this Agreement, and who will keep COUNTY continually and effectively advised of such designation. Section 18. AH Prior Agreements Superseded. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable tote matters contained in this Agreement and the parties agree that there are no W _J 0 Z commitments,agreements,or understandings concerning the subject matter of this Agreement that 9 W M are not contained or referred to in this document. Accordingly, it is agreed that no deviation from N the terms of this Agreement may be predicated upon any prior representations or agreements, E whether oral or written. ................................................................................................................................................................. Collection Services Agr(.ememet (RFP-603466-19/BJC) Page 14 of 20 Packet Pg. 131 47 IN,0'1 FOR E'XE(','[J`1"]10.N Section 19. Modifications, Amendments, or Alterations. No modification, amendment, or alteration in the terms or conditions contained in this Agreement will be effective ci unless contained in a written amendment executed with the same formality and of equal dignity .2 with this Agreement. Section 20. Independent Contractor. Nothing in this Agreement is intended or may be construed as in any manner creating or establishing a relationship of co-partners between the U- parties, or as constituting CONTRACTOR (including its officers, employees, and agents) as an agent, representative, or employee of COUNTY for any purpose or in any manner whatsoever. E CONTRACTOR is and will remain forever an independent contractor with respect to all services performed under this Agreement. U) 0 .2 Section 21. Employee Status. Persons employed by CONTRACTOR in the performance of services and functions pursuant to this Agreement have no claim to pension, 0 workers' compensation, unemployment compensation, civil service, or other employee rights or U 4- 0 privileges granted to COUNTY's officers and employees, either by operation of law or by 0 COUNTY. Section 22. Services Not Provided For. No claim for services provided by CONTRACTOR not specifically provided for in this Agreement will be honored by COUNTY. Section 23. Public Records Law. W (a) CONTRACTOR acknowledges COUNTY's obligations under Article 1, Section W -j 0 z 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to members 9 W W of the public upon request. CONTRACTOR acknowledges that COUNTY is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling E of the materials created under this Agreement and this statute controls over the terms of this ................................................................................................ Collection Services Agreement (RFP-603466-19/BJC) Page 15 of 20 1 Packet Pg. 132 48 Agreement. Upon COUNTY's request, CONTRACTOR shall provide COUNTY with all requested public records in CONTRACTOR's possession, or shall allow COUNTY to inspect or ci copy the requested records within a reasonable time and at a cost that does not exceed costs as .2 provided under Chapter 119, Florida Statutes. (b) CONTRACTOR specifically acknowledges its obligations to comply with Section 119.070 1, Florida Statutes, with regard to public records ads all perform the following: U- (1) CONTRACTOR shall keep and maintain public records that ordinarily and necessarily would be required by COLJNTY in order to perform the services required under this E .Agreement, (2) CONTRACTOR shall provide the public with access topublic records on U) 0 .2 2.1 the same terms and conditions that COUNTY would provide the records and at a cost that does 0 not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. ( 03) CONTRACTOR shall ensure public records that are exempt or confidential U 4- 0 and exempt from public records disclosure requirements are not disclosed,except as authorized by 0 law. (c) Upon termination of this Agreement, CONTRACTOR shall transfer, at no cost to COUNTY, all public records in possession of CONTRACTOR, or keep and maintain public records required by COUNTY under this Agreement. If CONTRACTOR transfers all public records to COUNTY upon completion of this Agreement, CONTRACTOR shall destroy any W -j 0 Z duplicate public records that are exempt or confidential and exempt from public records disclosure 9 W requirements. If CONTRACTOR keeps and maintains the public records upon completion of this Agreement, CONTRACTOR shall meet all applicable requirements for retaining public records. E ..................................................................................................................................................................................................................................................... Coflection ServicesAgreement (R.FP 603466- 19/BJC) Page 16 of 20 Packet Pg. 133 49 All records stored electronically must be provided to COUNTY, upon request of COUNTY, in a format that is compatible with the information technology systems of COUNTY. ci (d) Failure to comply with this Section will be deemed a material breach of this .2 2.1 Agreement for which COUNTY may to ate this Agreement immediately upon written notice 0 LO -ra to CONTRACTOR. CONTRACTOR may also be subject to statutory penalties as set forth in Section 119.10,Florida Statutes. U. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO E CONTRACTOR's DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR MAY CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE SEMINOLE COUNTY PURCHASING AND CONTRACTS MANAGER, AT 407-665-71161, 0 U 4- 0 0lJN'1`Y1R,,,(`()V PURCHASING AND '@ ............................................. ............................................ ............................... > 0 CONTRACTS DIVISION, 1301 EAST SECOND STREET, SANFORD, FL 32771. Section 24. Governing Law, Jurisdiction, and Venue. The laws of the State of Florida govern the validity, enforcement, and interpretation of this Agreement. The sole W -J jurisdiction and venue for any legal action in connection with this Agreement will be in the courts 0 z 9 W of Seminole County, Florida. W CN 4i Section 25. Compliance with Laws and Regulations. In providing all services E pursuant to this Agreement, CONTRACTOR shall abide by all statutes, ordinances, rules, and regulations pertaining to or regulating the provision of such services,including those now in effect ................................................................................................................................................................................................................................................................................ Collectim Se . rvices Agiverneint (RFP-603466-19/BJC) Page 17 of 20 1 Packet Pg. 134 50 EX (13M['101"IQ and subsequently adopted, including,but not limited to,the federal Fair Debt Collection Practices Act, 15 U.S.C. §§1692-1692p and the Florida Consumer Collection Practices Act, Sections ci 559.55-559.785,Florida Statutes(2018),as these statutes may be amended from time to time. Any .2 violation of these statutes,ordinances,rules, or regulations will constitute a material breach oft is Agreement and will entitle COUNTY to terminate this Agreement immediately upon delivery of written notice of termination to CONTRACTOR. U- Section 26. Patents and Royalties. Unless otherwise provided, CONTRACTOR is solely responsible for obtaining the right to use any patented or copyrighted materials in the E performance of this Agreement. CONTRACTOR, without exception, shall indemnify and save harmless COUNTY and its employees from liability of any nature or kind, including costs and U) 0 .2 2.1 expenses for or on account of any copyrighted, patented, or npatented invention, process, or 0 article manufactured or supplied by CONTRACTOR. hi the event of any claim against COUNTY 0 of copyright or patent infringement, COUNTY shall promptly provide written notification to U 4- 0 CONTRACTOR. If such a claim is made, CONTRACTOR shall use its best efforts to promptly 0 purchase for COUNTY any infringing products or services or procure a license at no cost to COUNTY that will allow continued use of the service or product. If none of the alternatives are reasonably available, COUNTY shall return the article on request to CONTRACTOR and receive reimbursement, if any, as may be determined by a court of competent jurisdiction. Section 27. Notices. Whenever either party desires to give notice to the other, it must W -J 0 z be given by written notice, sent by registered or certified United States mail, return receipt 9 W M I requested, addressed to the party for who it is intended at the place last specified. The place for N ng of notice will remain such until it has been changed by written notice in compliance with E ....................................................................................... ...... .............................................. Collection.Services Agreem.-nt (RFP-603466-19/13JC) Page 18 of 20 Packet Pg. 135 51 MJ the provisions of this Section. For the present,the parties designate the following as the respective places for giving of notice: ci For ® .2 Seminole County EMS/Fire/Rescue Division 150 Bush Boulevard Sanford,Florida 32773 Sen-finole County Utilities Operations Division u- 500 West Lake Mary Boulevard Sanford,Florida 32772 Seminole County Solid Waste Division 1950 State Road 419 E Longwood,Florida 32750 Seminole County Animal Services Division U) 0) 232 Eslinger WAY Sanford,Florida 32773 Seminole County Parks and Recreation Division 845 Lake Markham Road 0 Sanford,Florida 32771 U 4- 0 For CONTRACTOR: Section 28. Rights At Law Retained. The rights and remedies of COUNTY provided for under this Agreement are in addition and supplemental to any other rights and remedies provided by law. W -j 0 z Section 29. Headings and Captions. All headings and captions contained in this 9 W Agreement are provided for convenience only,do not constitute a part oft is Agreement, and may N not be used to define, describe, interpret or construe any provision of this Agreement. E [Signature page follows on Page 201] .................................... .............--- ........................................................................I........................................................................................................- Collection Services Ag,reetnent (RFP-603466-19/BJC) Page 19 of 20 1 Packet Pg. 136 52 TN''0'11' 11TO"[,Z, EXECIJTJQ.S� IN WITNESS WHEREOF, the parties have made and executed this Agreement for the purposes stated above. ci ATTEST- .2 ...................................- .................................................................................... By:......................................_............................................................. ................................................. Secretary President E U. (CO RPORATESEAL) Date: -------------------------------------------------------------- SEMINOLE COUNTY, FLORIDA E By- ...................................................................................... ........ ........................................................................................................................................................ Witness RAY HOOPER, Purchasing and U) 0 Contracts Manager Print Name Date: ----------------------------------------------------------- Witness 0 U 4- 0 Print Name 0 For the use and reliance of as authorized for execution by the Board of Seminole County only. County Commissioners at its ------ ------------ 2019,regular meeting. V- Approved as to form and legal sufficiency. w ---------------------- -j County Attorney 0 Z 9 w DGS/dre w 3/27/19 Attachments: Exhibit A® Scope of Services E Exhibit B - Sample Release Order TAUsers\Legal Secretary CSBTurchasing 2019\RFP-603466.doex Collection Services Agreement (RFP-603466-19/13JC) Page 20 of 20 Packet Pg. 137 C.1.c Hemeyer-Zully From: Green, Maria <mgreen02@seminolecountyfl.gov> Sent: Tuesday, April 26, 2022 11:19 AM To: Hemeyer-Zully �? Cc: stitt-dina Subject: RE: Collection Services Agreement Attachments: rfp-603466-19_pk.pdf CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or open attachments you were not expecting. Hello Zully, I was able to get the information you requested regarding RFP-603466-18/BJC. Please refer to the original solicitation attached. We do not authorize or forbid "piggybacks" on any of our contracts. This is something that you would need to speak with your legal department about. Also, we do not , provide written acceptance of any piggybacks. 0 Please let us know if there is anything else you may need. 0 u 4- Thank you® 0 Maria Green Procurement Analyst 1 Resource Management Purchasing & Contracts Division 0- (407) 665-7116 1301 E. 2nd Street Seaford, FL 32771 r�rn„g,lrcaca„! , earrnlinollea Dui t fll.g, y, w ,eurn li„Irk, Ilecou1�,;,y ll,,,,,,,g, y 0 u 0 E From: Hemeyer-Zully [mailto:Hemeyer-Zully@MonroeCounty-FL.Gov] Sent:Tuesday, April 26, 2022 10:26 AM To: Green, Maria <mgreen02@seminolecountyfl.gov> E Cc: stitt-dina <stitt-dins@MonroeCounty-FL.Gov> cv Subject: Collection Services Agreement c� l l 1 «����ll�l J JJrJJ fill , J111111J J1111111111111111111 11 1 ll, l JJ JJ , II 111 , JJ JJJl1 11111 11 11 11 J llllll I ll,, �l JJ J JJ JJI fill �J 1 J„JJ JJJJJ JJ JJJJJJJJJ J l.JJJl,1l JJ1J11 1 J 111.111111111111111 Jl,,J JJ 11 1111 , 1!!!!!,,JJJ l J 11JJJJ J JJJJJJJ � J lllJlJJJllll„JlllllJl J.J JJJJ J JJJIIJJJJJJJJr1 llllll J J l ,J lJ� J l,„ 111.11,1 11J1111111 , J1111 J, 1,J 1 J llllll L. 1J, l JIJJ J,J�JJ � J l JJ m mil iii ifl a li », l dr «r «r t� rr��I I rl f >r��>�>������il fill lull 11��1»1�1111III�I Il i 11�1U J�� I ii�Il D» ��� �Ji» fill l lJ»l�r l »Jl»� 111111 >>1�1111� 1 y�. 11llll 11111J1J1�,1111 111J111�l10�11�llJJl f J�JlrrrrJJJ rill rr�lr/� , Jaiaf E l I , rr rr « rr l ii m l m mil lilt ii r r «r r r r r'r «rr «rrlrrlr rr rrr 1 rt' rr� , �� ,,,li i i rr r 1111.111111IJ1 ,I„111111 1rJ11JJJJ,rrlI1111111J11111JJ11Jllllll/JJJ1J�11fJ11111111� .,10100 �lllll��l �lll �Jll1f l�;ll� (.�l l llllll �ll/llllll 111 �l�llflllr�„1J 1J1 �111 III 11�11111 11,! J i i r� r „ irrrarrr rl�i r�i r f I li i 1 r r 1 11 . l J ll ll 1 Jl 1 III Ir1llJ1 , I1II l llrrr�rrl Jo r !�� Jl 111�r i i i li Il Jii r � J 1JJ J »> 11»»»��ii III 1 JJJJJIJlll�1�J „ �N111I!!lN1IlJlIIJJJ �r �i 1rr111111iiiillrl�lllil Illllliililoiill�liil�iil� lJ1011l��Jl���IrrrlllllJl111J11 .�1 midrauilrirnilllliffffuiauraura((((�aoifrorrorrooiiaulluuir✓///�rrr)�/iJ,,,,,,,rr�JGJ�,i,Jrr„Jo/m�,o�if�nilor,;.u;lr.rdaiildui(ui�6olai� %,m;lml�)�,v„Iv,Gvi„/m,/,vJ„m�a„w„��//����������������������������������������� 1 Packet Pg. 138 Hi IMerie, As Jiscussed, Monroe County Fire Rescue wanted to piggyback the Collection Services Agreement that Seminole County has with RTR Financial Services Inc. J� The contract we received from RTR references RFP-603466-I9/BJCend was executed on July I, 20I9. Our purchasing policy requires that vve obtain permission from your organization to piggyback the agreement. Thenk YOU for yourassistance. ZuUyK. Herneyer mc ExecutiveAdrninisLreLor Fire Safety Inspector Fire Marshal's Office Monroe County Fire Rescue � � 49063 Street Ocean Marathon, FL 33050 Office:305-289-6020 = Fax:305-289-63,36 CL CL ****Florida has a very broad Public Records Law.Virtually all written communications to or from State and Local Officials and employees are public records available to the public and media upon request. Seminole County policy does M not differentiate between personal and business emails. E-mail sent on the County system will be considered public and 2 will only be withheld from disclosure if deemed confidential pursuant to State Law.**** CN Packet Pg. 139 C.1.d He From: RJ Reilly < Reilly rtrfs.corn> Sent: Friday, May 27, 2022 4. 1 PM He eyer Zully; Louie Kass;Tom Reilly; 'Andrea Tovar' is olaDavidson;Angela Tooze �? Subject: Re: EMS Collection Services Monroe County Fire Rescue 1( CAUTION - i, allows Monroe County to piggyback off the Seminole county contract. Get OlLltlllq,u,6ll fbr i0 S From: eyer- ll <H eyer- lly onroeoty- L. ov> Sent: Friday, May 27, 23:25:09 PM Louie Kass<Lass rt s.co >;Tom Reilly<T eill rt s.c >; RJ Reilly<RJeilly rtrfs.c >; 'Andrea Tovr' < rea corcorap ers.co > c: Nichola Davidson < avidson rfs.co >; Angela Tooze< Tooze rfs.co > : EMS Collection Services- Monroe County Fire Rescue 0 l� I Il i,nanc." U '�;uir�gw;°7i�� a:�ft�;.rtlflll�;°qlq�III"nl '"G, an dy�;:�II"'�'IIId.q:.".� �:��""rqn�`; 0 I" iu 1`tvf I ' Iflf ii_���.,� I.� i,l IICe', t I e 1, I I�!'i,�3�11"1 : 0 CL ll'il I v II'IJI" I �r ii �'%l� i( i I t_ I fIJII', r`!fl 1 ri hh;yll 1111U11 i11%;( II r,Iu I. r.,G'V '6.' L.I(.lb''I11v`r f„DPI"1CL 0 /r l) fOlVi if'' U �v L59 L59 �qfiy ° I!I e II q 11 e y ,.,V ,L IIu::: II a rsl..u-q 's0ffic CL 4910, E 3 reet Ociea IIgi W Vl ra d i olin III 33101130 p il:me: 205...28.2...2020 Rix: 205...28:2...2322 c� Packet Pg. 140 C.1.e FDATEMM/DDCERTIFICATE OF LIABILITY INSURANCE 251 022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, Ui subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not (D �s confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT qy INTEGRITY FIRST INSURANCE INC/PHS 20266932 PHONE (866)467-8730 FAX (888)443-6112 The Hartford Business Service Center (a/c,No,Ext): (ac,No): 3600 Wiseman Blvd E-MAIL San Antonio,TX 78251 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# UL INSURED INSURERA: Hartford Underwriters Insurance Company 30104 RTR Financial Services Inc INSURER B: 2 TELEPORT DR STE 302 STATEN ISLAND NY 10311-1004 INSURERC: INSURER D INSURER E: (D E INSURER F: (D COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS (D CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS _..._.--._..--.0'000 COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,00 CLAIMS-MADE OCCUR DAMAGE TO RENTED $1,0 0,000 PREMISES Ea occurrence 0 X General Liability MED EXP(Any one person) $10,000 A X 20 SBA AP9MMU 02/21/2022 02/21/2023 PERSONAL&ADV INJURY $1 000 000 O GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY❑PRO- ❑LOC APPROVED BY RISK MANAGEMENT PRODUCTS-COMP/OP AGG $2,000,000 JECT � OTHER: eY._ .,..- DATe �31 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY WAVER NA YEs $1,000,000 CL accidentl CL ANY AUTO BODILY INJURY(Per person) A ALL OWNED SCHEDULED 20 SBA AP9MMU 02/21/2022 02/21/2023 BODILY INJURY(Per accident) AUTOS AUTOS HIRED NON-OWNED PROPERTY DAMAGE CD X AUTOS X AUTOS (Per accident) UMBRELLA LIAB 11 OCCUR EACH OCCURRENCE $5,000,000 EXCESS LIAB MADECL 20 SBA AP9MMU 02/21/2022 02/21/2023 AGGREGATE $5,000,000 x EDT RETENTION$10,000 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY AT ANY YIN E.L.EACH ACCIDENT °Uy PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L.DISEASE-EA EMPLOYEE (Mandatory In NH) ° If yes,describe under E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Those usual to the Insured's Operations.Certificate holder is an additional insured per the Business Liability Coverage Form SL3032 attached to this 70 policy. CERTIFICATE HOLDER CANCELLATION Monroe County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED CD Commission BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED 1100 SIMONTON ST IN ACCORDANCE WITH THE POLICY PROVISIONS. CD KEY WEST FL 33040 AUTHORIZED REPRESENTATIVE °° �'il�a.,v3`' Cf?�11Qi1 eGr��L E ©1988-2015 ACORD CORPORATION.All rights reserved. 0 ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 141 F-C.-1.e-1 CERTIFICATE OF LIABILITY INSU 05/ RANCE DATE(MMIDDfYYYY) 1 25/2022 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Integrity First Insurance,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 0 70 Mansell Court Suite 275 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Roswell,GA 30076 U) (D 0:(770)587-4595 F:(770)587-2440 INSURERS AFFORDING COVERAGE NAIL# 0 INSURED INSURER A: Crum&Forster Ins Co 44520 (D RTR Financial Services,Inc INSURER B: 2 Teleport Dr.,Ste 302 INSURER C Staten Island,NY 10311 INSURER D INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD'L POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION 1 LIMITS LTR INSIRD TYPE OF INSURANCE DATE(MMIDDIYY) DATE(MM/DD[YY) GENERAL LIABILITY EACH OCCURRENCE $ _DAMAGE T6RENTED ____ (D COMMERCIAL GENERAL LIABILITY PREMISES_LEa_occurenceL_ $ E CLAIMS MADE [--]OCCUR MED EXP(Any one person) $ (D 2 _PERSONAL&ADV INJURY $ CD GENERAL AGGREGATE $ < U) GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/Op AGG $ (D JECT POLICY PRO- L OC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (D ANY AUTO (Ea accident) 0 ALL OWNED AUTOS APPROVED BY RISK MANAGEMENT BODILY INJURY s (Per person) 0 SCHEDULED AUTOS (D HIRED AUTOS DATE _513VIU2--' BODILY INJURY $ 0 NON-OWNED AUTOS WAVER N (Per accident)A YES L) 4— PROPERTY DAMAGE 0 $ (Per accident) > GARAGE LIABILITY AUTO ONLY_EA ACCIDENT $ 0 CL ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ CL < EXCESSIUMBRELLA LIABILITY i EACH OCCURRENCE OCCUR CLAIMS MADE I AGGREGATE $ 04 CD i $ 04 DEDUCTIBLE $ 04 04 RETENTION $ WC ST OTH-1 $ CL WORKERS COMPENSATION AND �L_LTORY x EMPLOYERS' LIABILITY (D E.L.EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE ---—— -- OFFICER/MEMBER EXCLUDED? (D Et_ DISEASE-EA $ If yes,describe under SPECIAL PROVISIONS below ~E.L.DISEASE-POLICY LIMIT $ P OTHER A 11/17/2021 11/17/2022 332 $5,000,000 Security&Privacy Liability Cyber CYB 103 20 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS Certificate Holder is additional insured on primary Policy#CYB 103332 U_ 70 U Ul) CERTIFICATE HOLDER CANCELLATION CD 04 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 04 Monroe County Board of County Commission DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL —30--DAYS WRITTEN 04 1100 Simonton Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Key West,FL 33040 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR (D E REPRESENTATIVES. 0 AUTHORIZED REPRESENTATIVE < ACORD 25 (2001108) O ACORD CORPORATION 1988 Clear All Packet Pg. 142 C.1.e ci THE HARTFORD BUSINESS SERVICE CENTER THE 3600 WISEMAN BLVD HARTFORD SAN ANTONIO TX 78251 March 8, 2022 76 For Informational Purposes 2 TELEPORT DR STE 302 STATEN ISLAND NY 10311-1004 E U) 0 2 LO c5 Account Information: Contact Us U Policy Holder Details : R T R Financial Services Inc 0 Business Service Center Business Hours: Monday- Friday 0 (7AM -7PM Central Standard Time) CL CL Phone: (877)287-1316 Fax: (888)443-6112 Email: age ncy.servicesa-thehartford.com Q Website: https:Hbusiness.thehartford.com N N Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, U) Your Hartford Service Team 76 U LO N N N c� WLTRO05 Packet Pg. 143 DATE(MM/D C.1.e CERTIFICATE OF LIABILITY INSURANCE 03i0$i2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). (y PRODUCER CONTACT NAME: AUTOMATIC DATA PROCESSING INS AGCY (D PHONE (800)524-7024 FAX (800)524-4013 76250717 (A/c,No,Ext): (A/c,No): 71 HANOVER ROAD E-MAIL ADDRESS: 2 0 FLORHAM PARK NJ 07932 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Hartford Fire and Its P&C Affiliates 00914 INSURED INSURER B: R T R FINANCIAL SERVICES INC INSURERC: 2 TELEPORT DR STE 302 STATEN ISLAND NY 10311-1004 INSURER D: INSURER E: ° INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: (D 2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD CD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 0 INSIR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MM/DD/YYYY MM/DD/Y qy COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE❑OCCUR DAMAGE TO RENTED APPROVED BY RISK MANAGEMENT PREMISES Ea occurrence VIED EXP(Any one person) 0 DATE 5131/9,09,7 PERSONAL&ADV INJURY (D O GEN'L AGGREGATE LIMIT APPLIES PER: WAVER NA_YES— GENERAL AGGREGATE POLICY❑PRO ❑LOC PRODUCTS-COMP/OPAGG JECT OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY(Per person) CL ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) HIRED NON-OWNED PROPERTY DAMAGE 04 AUTOS AUTOS (Per accident) CD 04 T_ UMBRELLA LAB OCCUR EACH OCCURRENCE 04 EXCESS LAB CLAIMS- AGGREGATE CL MADE DED I RETENTION$ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY Y/N E.L.EACH ACCIDENT $1,000,000 °fig A PROPRIETOR/PARTNER/EXECUTIVE N/A 76 WBG AR6AXG 03/07/2022 03/07/2023 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,000,000 _ (Mandatory in NH) ° If yes,describe under E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION For Informational Purposes SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED CD 2 TELEPORT DR STE 302 BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED 04 STATEN ISLAND NY 1 031 1-1 004 IN ACCORDANCE WITH THE POLICY PROVISIONS. 04 CD AUTHORIZED REPRESENTATIVE 04 ©1988-2015 ACORD CORPORATION.All rights reserved. 0 ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 144