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Item 10 - Award of Agmt. to Wittman Enterprises, LLC for Emergency Medical Services Billing and Collection ServicesJune 1, 2021, Item #10DATE: TO: FROM: CONTACT: SUBJECT: Summary: June 1, 2021 Honorable Mayor and Members of the City Council Aaron Beanan, Director of Finance M, Nicole Roesler, Revenue and Operations Manage@ 858-668-4409, nroesler@poway.org Award of Agreement to Wittman Enterprises, LLC for Emergency Medical Services Billing and Collection Services through Cooperative Purchase The City's approved operating budget includes funding for medical billing and collection services for its ambulance program in the Paramedics Division (503050) of the Fire Department. The current agreement with Wittman Enterprises, LLC is set to expire September 30, 2021. It is recommended a new professional service agreement be awarded to Wittman Enterprises, LLC for emergency medical services billing and collection services. Recommended Action: It is recommended that the City Council award the agreement for Emergency Medical Services Billing and Collection Services to Wittman Enterprises, LLC, and authorize the City Manager to execute the necessary documents in a form acceptable to the City Attorney. Discussion: The Fire Department provides necessary emergency medical transport services to residents, visitors, and businesses in the City, and responds to emergencies outside of city boundaries under mutual aid and automatic aid agreements with neighboring jurisdictions. As of March 31, 2021, paramedics have transported 1,454 patients and $1.3 million in net ambulance fees (gross revenue less Medicare, Medi-cal, and other contractual write downs) have been billed. Medical billing and revenue collection services were processed by city employees in the Finance Department until 2016 when these functions were contracted to a consultant. This process change was done to increase fee collection, more timely patient billing, and maintain a higher level of technical expertise needed to bill third party insurance and state and federal reimbursement programs. In September 2016, the City Council approved a five-year (three-year with two optional one-year extensions) professional services agreement with Wittman to provide emergency medical services billing and collection services which expires September 30, 2021. 1 of 27 June 1, 2021, Item #10Pursuant to Section 3.28.11 O of the Poway Municipal Code, goods and services can be secured via another agency's competitive process when the administering agency has made their purchase in a competitive manner. Using another agency's competitive process reduces administrative burden and expedites the purchasing process. Staff recommends the City of Poway execute an agreement with Wittman to provide emergency medical services billing and collection services based on Special Provision 5 of Agreement R2021-006 between the City of Chula Vista and Wittman Enterprises, LLC that allows for other public agencies to participate in the award of the contract. On September 18, 2020, the City of Chula issued a Request for Bid (RFB) for EMS Billing and Collection Services (P04-20/1 ). Following a competitive RFP process pursuant to Chula Vista Municipal Code 2.56.080, the City of Chula Vista awarded an agreement to Wittman. A total of one thousand two hundred and forty-two {1,242) companies were notified through PlanetBids. Twenty-one companies downloaded the solicitation, seven companies responded and three were responsive. Upon review of responses and subsequent staff presentation by the two finalists, the contract was awarded to Wittman. In business for 30 years, Wittman is well known for their medical billing and collection services. Most of their clients are government agencies located in California. Wittman's past performance with the City has been highly satisfactory with consistent and reliable patient services, efficient ambulance billing, cost reporting, and timely revenue collection. The proposed agreement is for a three-year term with two one-year options to extend the agreement commencing on October 1, 2021 through September 30, 2024. The compensation to Wittman is $24 per incident for contract year one and two, $25 per incident for contracts year three and four, and $26 per incident for contract year five. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The fiscal impact will be a function of how many emergency medical services transports the Paramedics Division responds to each fiscal year. The estimated cost of the agreement for the first year is approximately $50,600 based on a three-year average of 2,100 transports annually. Funds are included in the Fiscal Year 2021-22 budget (503050-17999) for award of this agreement subject to Council review and approval on June 15, 2021. Funding for subsequent years will be requested in the Paramedics Division operations and maintenance budget as part of the annual budgeting process. No additional funding is requested. Public Notification: None. Attachments: A Standard Agreement with Wittman Enterprises, LLC Reviewed/ Approved By: Assistant City Manager 2 of 27 Reviewed By: Alan Fenstermacher City Attorney e City Manager June 1, 2021, Item #10City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this ___ day of _______ , 20 __ , by and between the CITY OF POWAY (hereinafter referred to as "City") and Wittman Enterprises, LLC (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform emergency medical services billing and collection services for the Municipal Emergency Medical Services (EMS) (Project); WHEREAS, Consultant is a(n) fire and ambulance billing services consultant and has represented that Consultant possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 3 of27 5. Confidential Relationship. 1 ATTACHMENT A June 1, 2021, Item #10City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 4of27 2 June 1, 2021, Item #10"Consultant" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: r8J 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 5 of27 3 June 1, 2021, Item #10years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 6 of27 4 June 1, 2021, Item #10(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 7 of27 5 June 1, 2021, Item #10Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of CalPERS while providing services to City. 8 of27 6 June 1, 2021, Item #10Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 9 of27 7 June 1, 2021, Item #10IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By: __________ _ Chris Hazeltine, City Manager Date: -----------ATTEST: Vaida Pavolas, CMC, City Clerk APPROVED AS TO FORM: By:-------------Alan Fenstermacher, City Attorney 10 of 27 CONSULTANT 8 By:------------Corinne Wittman-Wong, CEO Date: ------------ June 1, 2021, Item #10A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the emergency medical billing services and cost recovery services further described in the Scope of Services in Sections 1-3 submitted with the proposal dated March 25, 2021, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Section 4 Cost Proposal submitted with the proposal dated March 25, 2021, which are included in this document as Attachment 2. Total fee is not to exceed the per incident cost as defined in the proposal as $24.00 per incident for contact year one and two, $25.00 per incident for contracts year three and four, and $26.00 per incident for contract year five. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing October 1, 2021 and ending September 30, 2024 with the option to renew for two one-year periods, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the 11 of 27 June 1, 2021, Item #10following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. ( d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 12 of 27 2 City of Poway P.O. Box 789 Poway, CA 9207 4 Wittman Enterprises, LLC 11093 Sun Center Drive Rancho Cordova, CA 95670 June 1, 2021, Item #10City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this ___ day of _______ , 20 __ , by and between the CITY OF POWAY (hereinafter referred to as "City") and Wittman Enterprises, LLC (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform emergency medical services billing and collection services for the Municipal Emergency Medical Services (EMS) (Project); WHEREAS, Consultant is a(n) fire and ambulance billing services consultant and has represented that Consultant possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 5. Confidential Relationship. 13 of 27 ATTACHMENT A June 1, 2021, Item #10City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. and expense. 7. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 14 of 27 2 June 1, 2021, Item #10"Consultant" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: 1:8] 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 15 of 27 3 June 1, 2021, Item #10years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 16 of 27 4 June 1, 2021, Item #10(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 17 of 27 5 June 1, 2021, Item #10Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of CalPERS while providing services to City. 18 of 27 6 June 1, 2021, Item #10Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 19 of 27 7 June 1, 2021, Item #10IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By: __________ _ Chris Hazeltine, City Manager Date: -----------ATTEST: Vaida Pavolas, CMC, City Clerk APPROVED AS TO FORM: By:-------------Alan Fenstermacher, City Attorney 20 of 27 CONSULTANT 8 By:------------Corinne Wittman-Wong, CEO Date: ------------ June 1, 2021, Item #10A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the emergency medical billing services and cost recovery services further described in the Scope of Services in Sections 1-3 submitted with the proposal dated March 25, 2021, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Section 4 Cost Proposal submitted with the proposal dated March 25, 2021, which are included in this document as Attachment 2. Total fee is not to exceed the per incident cost as defined in the proposal as $24.00 per incident for contact year one and two, $25.00 per incident for contracts year three and four, and $26.00 per incident for contract year five. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing October 1, 2021 and ending September 30, 2024 with the option to renew for two one-year periods, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the 21 of 27 1 June 1, 2021, Item #10following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 22 of 27 2 City of Poway P.O. Box 789 Poway, CA 9207 4 Wittman Enterprises, LLC 11093 Sun Center Drive Rancho Cordova, CA 95670 June 1, 2021, Item #10Setting the Standard for EMS Billing 23 of 27 Wittman Enterprises, LLC 11093 Sun Center Drive Rancho Cordova, California 95670 www.webillems.com RFP Contact: Russ Harms Executive Director of Business Development (916) 669-4628 Direct Line rharms@webillems.com rl-:, (D V1 pJ ::J Cl... e: 0:. --., 0 m ~ V1 m June 1, 2021, Item #10wittmanenurprises TABLE OF CONTENTS SECTION 1: About Wittman Enterprises Message from our CEO ................................................................................................... 2 About Us ........................................................................................................................... 3 Customized Solutions ........................................................................................................ 4 California Strong .................................................................................................................. 4 California EMS/Fire Partners (Proprietary and Confidential) ...................................................... 5 Southern California Footprint (Proprietary and Confidential) .................................................... 6 SECTION 2: Proiect Approach EMS Partner Satisfaction .................................................................................................... 7 Workload Accomplishment ................................................................................................. 7 Multilingual Staff .................................................................................................................. 8 Certified Ambulance Coders ............................................................................................... 8 Dedicated Response Time Commitment ............................................................................ 8 Billing to Payment Cycle ..................................................................................................... 8 Denied or Disallowed Claims ............................................................................................. 8 SECTION 3: Electronic Access to Records Client Portal and Electronic Dashboard ............................................................................... 9 SECTION 4: Cost Proposal Superior Performance ...................................................................................................... 13 EMS Billing Program: Proposed Fees ................................................................................ 13 City of Poway: Profile and Proposal for EMS Billing and Collection Services I 1 24 of 27 June 1, 2021, Item #10wittman enterprises SECTION 1: About Wittman Enterprises Message from our CEO March 25, 2021 Thank you for the opportunity to provide our Company Profile and introduce ourselves and our qualifications to your team. Since 1991 Wittman Enterprises, LLC has provided our clients complete fire and ambulance billing services in accordance with current local, state, and federal laws and statutes. We serve 129 EMS/Fire clients (110 in California, 22 in Los Angeles County)-and are the largest California-based billing company with the client base, patient database, and experience with fire departments and payers: for the most effective EMS billing and cost recovery possible. As an extension of your Fire/EMS program, Wittman Enterprises will maintain a strong customer service accountability platform providing your team with direct contact and real access to all management staff, starting with myself. Specialized staff are assigned to your team so that the Department has access to the person(s) on our team who can most help with whatever situation may arise. Our Client Liaison team is always available to help provide/identify key resources you may use to get the results you need. We use all resources necessary to provide the best in customer service and collect the most for our clients. Our ultimate focus is on, and has always been based on, the best patient and client service, billing results (accurate and legal billing and the highest cost recovery), and transparency (Client Portal, Reporting, Month-End-Reporting, KPls, etc.). I look forward to continue nurturing our longstanding partnership with the City of Poway and your patients. We embrace the philosophy that billing and collection for services must be handled efficiently and effectively, with our history and proven experience in emergency medical billing service. I encourage you to contact any of our numerous references to hear first-hand about the very positive relationships we so value with our EMS/Fire Partners Thank you for the opportunity to introduce our qualifications and commitment to your Unit. My best, WITTMAN ENTERPRISES, LLC (established 1991) Corinne Wittman-Wong, CEO 11093 Sun Center Drive I Rancho Cordova, CA 95670 (916) 669-4608 direct line I (855) 611-0056 toll-free I cwittmanwong@webillems.com City of Poway: Profile and Proposal for EMS Billing and Collection Services I 2 25 of 27 June 1, 2021, Item #10wittman emnprises About Us We provide industry-leading services to our EMS partners to help you continue providing cost-effective programs and responsive services enhancing the quality of life in your region, while balancing the financial accountability needs of your Unit. With a proven commitment to customer and patient service, Wittman Enterprises conducts your business as if your patients were our own. This starts with valuing customer service with everything we have done as a company since 1991 (living up to our Dedicated Response Time Commitment; providing Ongoing and Comprehensive Staff training; maintaining well-qualified Multilingual Staff; meeting regularly with our partners, etc.). Wittman was founded 30 years ago with the promise of providing expert and personal attention to our EMS/Fire partners and their EMS billing programs. This will never change. • Wittman is dedicated exclusively to the EMS/Fire industry and choose to be expert in that industry rather than diversify into other medical billing fields. • Our excellent reputation is gained from professional relationships with providers and third-party payers, as well as for our sensitive yet collection-oriented communications with patients and their representatives • We have a long and successful history of meeting and exceeding client expectations and service deadlines. • From the beginning of your project, we anticipate and manage for you issues such as Medicare compliance and revalidation, reconciliations of payments from legacy billing accounts, responses to legal and other requests, and customization of a reporting program surpassing your specific needs. • Since our only business is EMS/Fire billing, our specialized staff is dedicated and expertly trained in this field. • We are the only California-based billing company with the client base, patient database, and experience with multiple departments (and their payers) necessary for the most effective EMS billing program possible. • The importance of our business model is that any number of claims will be handled with the same quality assurance. • Our products and services are designed to ensure that EMS providers like Poway are reimbursed in a timely manner for services they provide. City of Poway: Profile and Proposal for EMS Billing and Collection Services I 3 26 of 27 June 1, 2021, Item #10wittman ente,prises Customized Solutions From the beginning, Wittman Enterprise has provided products and services specifically designed to assure that EMS Transport, First Responder, and Fire Service providers like you are reimbursed in a timely manner for the services they provide. We get our EMS partners their maximum reimbursement available by custom-fitting your needs with our proven solutions. Solutions include: • Ambulance Transport Billing and Fire Service Fee Recovery • ePCR Integration • First Responder Billing and Collection • Treat-no-Transport Billing and Collections (Assessments} • Membership Program Support • Patient Survey Program Support California Strong We do not believe that any California-based biller will provide as much in actual reimbursement or complete customer service as Wittman Enterprises has historically demonstrated. We have a proven record of collecting 10-20% more than our competitors. Out-of-state billing companies will not be able to arrive at these reimbursements either, due to their lack of billing and collection experience in the State California and inexperience with the multitude of California payers. California Support: GEMT/OAF/IGT/PPIGT (AB 1705) During the complicated design and implementation of the California GEMT program, Wittman Enterprises provided leadership and direct support for our clients throughout the process, working closely with the government ad fire architects of the program, providing multiple training opportunities for our clients and designing reports specifically related to the information needed when applying for GEMT funds. This industry support is part of our hands-on customer service and the resources we provide all of our California clients for IGT; GEMT (2011 ); GEMT OAF (2017); and now PPIGT (AB 1705, 2019). City of Poway: Profile and Proposal for EMS Billing and Collection Services I 4 27 of 27 June 1, 2021, Item #10Wittman enterprises SECTION 2: Project Approach EMS Partner Satisfaction The City of Poway will continue to count on Wittman Enterprises to conduct diligent, regular, and uninterrupted billing and collection services in a professional, businesslike manner. Our personal approach and higher levels of service greatly exceed industry standards. Yours and their expectations and overall satisfaction are attained through ongoing and regular training, continuous improvement, and our comprehensive auditing program. We maintain the industry-leading lowest claims-per-staff-ratio (generally 30% lower than our competitors) based on upholding the standard of practice our clients expect. Our comprehensive and ongoing training program allows us to continuously improve the business activities that we conduct of our clients and ensure that you receive the maximum legal reimbursement available. We do not strive to be the largest EMS billing company but expect to be the best. Workload Accomplishment Our EMS billing and collection success is tied directly to the ratio of PCRs to the number of quality people assigned to your project. We believe that people are the key to our success. Wittman innovates by fully embracing automated and technological advances while wholly recognizing that our quality service is reliant upon our talented people providing you the best level of service. Our approach provides the lowest claims-per-employee-ration, usually resulting in 10-20% higher collection rates than our competitors. 28 of 27 LOWEST CLAIMS-PER-EMPLOYEE RATIO --10-20°/o Higher Collection RatesTha Our Competitors City of Poway: Profile and Proposal for EMS Billing and Collection Services I 7 June 1, 2021, Item #10wittman enterprises Multilingual Staff Wittman Enterprises employs Spanish, Chinese, and Vietnamese-speaking Customer Service Representatives in management and non-management positions. Such valuable resources provide your patients with the highest quality of service possible. On rare occasions, if a patient speaks a language we are not staffed to service, we utilize Language Line Services to assist those customers effectively. Certified Ambulance Coders In addition to our continuous training programs, Wittman employs staff members certified by the National Academy of Ambulance Coding (NAAC), the nationally-recognized leader in Certified Ambulance Coding training. We provide regular training for our Certified Ambulance Coders (CACs), budgeting funds annually to certify additional coders and ensure that we constantly have ample certified individuals available to assist with all accounts. Dedicated Response Time Commitment Our goal is that each client and patient reach a live person when they call into our business office located near Sacramento, CA. If our EMS partners or their patients do not reach a live person during regular business hours, they will be provided the option to leave a voicemail and offered instructions on submitting an email or direct message inquiry. Wittman personnel will respond the same day during normal operating hours or within 24 business hours when that is not possible. Billing to Payment Cycle We believe in our people and our results speak for themselves. In addition to collecting from Medicare, Medicaid/Medi-Cal, and private insurance, we aggressively appeal all denials, research all private pay accounts to find viable insurance, and we work with patients to arrange alternate methods of repayment. Our 30 years of EMS billing success is a result of the ratio of quality people to the percentage of billed dollars collected. Using the right balance of electronic and human resources, Wittman Enterprises bills more than 600,000 claims annually and collections more than $300,000,000 annually for our clients. While technology is enormously helpful, it is only as good as the people managing it. Denied or Disallowed Claims Wittman Enterprises pursues every claim and follows through with every denial so that all legitimate revenue is collected on behalf of our clients. Denials are not accepted; in fact, as a guiding policy, we appeal all claims where the denial has appeal rights and we determine that an appeal is warranted. Additionally, Wittman demands payment with the appropriate interest from non-compliant insurance companies. We actively adhere to a significant number of Standard Operating Procedures covering numerous scenarios for processing denials from Medicare, Medicaid/Medi-Cal, and private insurance payers. City of Poway: Profile and Proposal for EMS Billing and Collection Services I 8 29 of 27 June 1, 2021, Item #10wittman enterprises SECTION 3: Electronic Access to Records Client Portal and Electronic Dashboard Wittman Enterprises secured internet access to our billing system via our Client Portal, 24 hours a day. No additional software is required for you to access the information through our secured website. It is reached through a secured login that is password protected. Information accessed from the Portal is in real time, allowing Unit personnel to view each claim wherever it is in the billing and collection process. Access to the Portal is granted only to pre-authorized Unit personnel with permission to view such information is strictly limited to the client's patient and run information. All patients may be referenced by name, date of service, incident, and run number. Your staff can print invoices for patients and run reports for their own use. Our system is Microsoft Windows-based, enabling data export by authorized staff for easy manipulation {Excel, PDF, Crystal, etc.). It also provides a clear and traceable audit train for initial client verification, billing notification, and phone contact. Moreover, our software automatically updates each individual account detailing date, change, or billing function. All history and noted entries become a permanent record and all charges are maintained for a complete payment history. Finally, the Client Portal provides an electronic dashboard accessible 24 hours a day that provides a one screen synopsis of the current state of the EMS billing operation, based on the preferences selected by each Client Portal authorized user. Login 30 of 27 ---Portal Login--------. enter your User ID and assword a d click Secure Login User ID: Password: Secure Login If~-,,., .11~ ..:x11~1 i•,i ·r:i,111 .11 y prd,I r,,,, 11.rr ir, i ir,. p'easo cal r9:;r;1 .,11 C::iG City of Poway: Profile and Proposal for EMS Billing and Collection Services I 9 June 1, 2021, Item #10wittman enterprises Preferences Net,_ tJ mi:. E.1 , ail t1,;i 11 ID: DI I ITab r .,,., ,'"-'(111 -.,_ ~ f.._ , l ('., t " · h lc11 ,c A,I i;I l:rtr '" T,ir,, ,. I fr.rr .inn f, t"' .,,_. ~i .tr"V Ir fer 1inn-~rt,.z 1w,:i,.~I ,: I l::..r1n tH.trL -,ii,-Hi:.tt1•1 Ir lw:r il;rr 31 of 27 I ~-P.,~-.. re: Fl~,;nt: . 27:2 17 • , .. ,~ If €!.l'. f111L 0 1l•r.'11F lfl· ,i; • ·,i ·:.1'Prirt "" Jpr • ;,,.., • ~,ew _, • p,. • c.:..11.,>, ~,., •, • 1 i 'I: b: t;ia1 I >r b: • ,:.; s.>.Jf".1m; I 1..L: • i,.u :o11:1,,1f l1 • 1,-·,th -n ·r•h: [X,,r-.1 ;,, b: • • • • • rim;iry P.,•;or .. 1t tlt"\rti .~11ir~,1 P, v:11 c.,,~~mi~:, -fh 01ri: Rm)£! From ~ir~ B I m City of Poway: Profile and Proposal for EMS Billing and Collection Services I 10 June 1, 2021, Item #10wittman enterprises Dashboard 32 of 27 (l 12-10-t.111,,· ~ A ,.u -~1 . .s~.:.11 + Q !st . .-l·r,q.u l.11 ,.,.. '"AT., I/_ n ,r.,, 1.' ttl)t C. lls (:;,J071 F,lfl ,, I l()" I :f . 4:-t:" r ... 11 City of Poway: Profile and Proposal for EMS Billing and Collection Services I 11 June 1, 2021, Item #10wittman en top rises Statistics P 1 1 rll -·· f ~:1 Pa'.i"'n. ::.h r,e f-'il(l "i.1 Jfj -376 51 "812 In~.:. 1l .10 I 0 t"S'i 1" [lrJfl 10 .. t ?'.)00 . i.:o,:, 4LIUU f. 00 L City of Poway: Profile and Proposal for EMS Billing and Collection Services I 12 33 of 27 June 1, 2021, Item #10wittman entoprises SECTION 4: Cost Proposal Superior Performance ATTACHMENT 2 We are committed to competitive fees for our clients; however, we are not typically the "cheapest". We have chosen as part of our business model to charge a fair market rate that will still allow us to maintain a superior level of service with a staffing level that provides both exceptional collection results and unmatched customer service. Reducing fees to "beat" the competition would mean that we cannot provide the level of customer service and performance on which our company is built. EMS Billing Program: Proposed Fees Wittman Enterprises, LLC is pleased to offer the City of Poway all billing, collections, financial reporting, and accounts receivable management described in this Profile based on the following fee schedule options. Proposals are valid for 180 days following submission. Proposed fees are based on historic Poway payer mix, rates, and payer reimbursement rates. A minimal increase to our charged fees may be applied if any insurance reimbursement rate is reduced at any time during our contract term. Services Proposed Fee Ambulance Billing and Collection Services Contract Years 1 -2 Contract Years 3 -4 Contract Year 5 OPTIONAL SERVICE: Notice of Privacy Practices OPTIONAL SERVICE: Surveys to Patients $24 per incident received $25 per incident received $26 per incident received ~$0.70/mailing* ~$1.00/mailing** * Cost is strictly a pass-through cost to the City and will depend on the length of the NPP * * Cost is strictly a pass-through cost to the City for administration and mailing costs. Note: Wittman Enterprises, LLC provides complementary annual revenue enhancement training for EMS and financial staff upon request. This includes four (4) hours of teleconference, webinar, or ZOOM-facilitated training for Poway general staff, and six (6) hours for EMS/EMS management. Additional and/or onsite training as requested by the City of Poway will be at the contracted rate of $100 per hour (personnel rate) plus associated travel expenses. City of Poway: Profile and Proposal for EMS Billing and Collection Services I 13 34 of 27 June 1, 2021, Item #10EXHIBIT "8" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. ( c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. ( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 35 of 27 (!)Notwithstanding subdivision ( c ), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with June 1, 2021, Item #10Cal Gov Code§ 7522.56 a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 36 of 27 (1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. 2 June 1, 2021, Item #10Cal Gov Code § 7522.56 (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note-Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 37 of 27 3