HomeMy WebLinkAboutWittman Enterprises, LLC - 2012-10-15Council/Agency Meeting Held:
Deferred/Continued to:
Appr ved ❑ Conditionally Approved ❑ Denied
C' C erk's Agnatu
Council Meeting Date: October 15, 2012
Departmen Number: FD 12-010
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Patrick McIntosh, Fire Chief
SUBJECT: Approve and Authorize Execution of a Professional Services Contract
with Wittman Enterprises, LLC, to Provide Emergency Paramedic and
Ambulance Billing Services
Statement of Issue: The Fire Department is requesting approval of a contract with Wittman
Enterprises, LLC for emergency paramedic and ambulance billing services.
Financial Impact: The FY 2012/13 Budget contains sufficient funding in account number
10065401.69300 (Professional Services) to provide the City with emergency paramedic and
ambulance billing services.
Recommended Action: Motion to:
A) Approve and authorize the Mayor and City Clerk to execute "Service Agreement Between
the City of Huntington Beach and Wittman Enterprises, LLC, for Emergency Paramedic and
Ambulance Billing Services" in an amount not to exceed $995,000 for a three year term; and,
B) Authorize the City Manager to execute all documents in furtherance of this Agreement.
Alternative Action(s):
Do not accept the recommendation and direct staff accordingly.
Analysis: The City of Huntington Beach currently contracts with Wittman Enterprises, LLC
to provide emergency paramedic and ambulance billing services and has done so on a
month -to -month basis since May 2012. Their charge is 5.5% of net revenue collected. A
Request for Proposal (RFP) was recently issued for this service.
A total of two proposals were received from Intermedix Holdings, Inc.. and Wittman
Enterprises. A three person review committee, consisting of employees from the City Clerk's
Office, Fire and Police Departments, evaluated the proposals and considered the following
criteria:
Compliance with Bid Instructions
Understanding the Project
Demonstrated Experience
HB -89- Item 8. - I
REQUEST FOR COUNCIL ACTION
MEETING DATE: 10/15/2012 DEPARTMENT ID NUMBER: FD12 010
• Proposed Methodology_
• Cost of Providing the Service
• Customer Service References
The staff reviews were conducted independently of each other, compiled and summarized by
the Fiscal Services Manager, and results were discussed as a group.
The company considered to be the most responsible bidder was Wittman Enterprises.
Although Intermedix Holdings submitted a lower charge for these services (4% of gross
revenues versus 4.95% for Wittman Enterprises), the overall amount of revenue projected to
be collected by Wittman Enterprises exceeds that of Intermedix Holdings. Based on the
performance of Wittman Enterprises with other public entities, including six agencies who
had experience with both vendors, Wittman Enterprises will provide a 10% higher revenue
stream. Choosing Witttman Enterprises instead of Intermedix Holdings would result in the
City annually receiving $565,000 more revenue.
The review committee was not obligated to recommend the lowest priced proposal, but make
a recommendation in the best interests of the City. In addition, the City is mid -way through
implementation of an electronic paramedic pre -hospital care reporting system and once
complete, the Wittman Enterprises rate will be reduced from 4.95% to 4.75%.
As experienced by City staff over the past 19 years, and confirmed by a thorough reference
check, Wittman Enterprises maintains outstanding customer service credentials in this
industry. They have also demonstrated the ability to maximize revenue collections while
remaining abreast of changes in revenue collection practices and regulations governing
emergency medical services billing. Their proven track record instills much confidence.
Authorization is requested to approve this new contract for a total three-year term not to
exceed $995,000, which correlates to the total estimated net revenue collection of
approximately $24 million.
Environmental Status: N/A.
Strategic Plan Goal: Maintain public safety.
Attachment(s):
1 I Professional Services Contract Between the City of Huntington Beach and Wittman
Enterprises, LLC for Billing Services for Emergency Paramedic and Ambulance
Service
Item 8. - 2 HB -90-
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
WITTMAN ENTERPRISES, LLC
FOR
BILLING SERVICES FOR EMERGENCY PARAMEDIC AND AMBULANCE SERVICE
THIS AGREEMENT ("Agreement") is made and entered into by and between the
City of Huntington Beach, a municipal corporation of the State of California, hereinafter
referred to as "CITY, and WITTMAN ENTERPRISES, LLC, a Limited Liability Corporation
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide billing
services for emergency paramedic and ambulance services; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional
service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
I. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which
is attached hereto and incorporated into this Agreement by this reference. These services
shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Corinne Wittman -Wong who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in
the performance of this Agreement.
3. TERM. TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are
to commence on e� , 20A (the "Commencement Date"). This
Agreement shall automatically terminate three (3) years from the Commencement Date,
unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A"
shall be completed no later than three (3) years from the Commencement Date. The time for
performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A."
This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by
CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date,
CONSULTANT shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit
"B," which is attached hereto and incorporated by reference into this Agreement, a fee,
including all costs and expenses, not to exceed Nine hundred and ninety-five thousand Dollars
($995,000).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or
changes in the scope of services described in Exhibit "A," CONSULTANT will undertake
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such work only after receiving written authorization from CITY. Additional compensation
for such extra work shall be allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including,
without limitation, all original drawings, designs, reports, both field and office notices,
calculations, computer code, language, data or programs, maps, memoranda, letters and other
documents, shall belong to CITY, and CONSULTANT shall turn these materials over to
CITY upon expiration or termination of this Agreement or upon PROJECT completion,
whichever shall occur first. These materials may be used by CITY as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers
from and against any and all claims, damages, losses, expenses, judgments, demands and
defense costs (including, without limitation, costs and fees of litigation of every nature or
liability of any kind or nature) arising out of or in connection with CONSULTANT's (or
CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this
Agreement or its failure to comply with any of its obligations contained in this Agreement by
CONSULTANT, its officers, agents or employees except such loss or damage which was
caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct
all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's
counsel. This indemnity shall apply to all claims and liability regardless of whether any
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insurance policies are applicable. The policy limits do not act as limitation upon the amount
of indemnification to be provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One Million
Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance
shall not contain a self -insured retention without the express written consent of CITY;
however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is
permitted. A claims -made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation of
the scope of work (including subsequent policies purchased as renewals
or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents that
might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in connection
with this Agreement.
If CONSULTANT fails or refuses to produce or maintain the insurance
required by this section or fails or refuses to furnish the CITY with required proof that
insurance has been procured and is in force and paid for, the CITY shall have the right, at the
CITY's election, to forthwith terminate this Agreement. Such termination shall not effect
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Consultant's right to be paid for its time and materials expended prior to notification of
termination. CONSULTANT waives the right to receive compensation and agrees to
indemnify the CITY for any work performed prior to approval of insurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except after
thirty (30) days' prior written notice; however, ten (10) days' prior
written notice in the event of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until
the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY.
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CONSULTANT shall secure at its own cost and expense, and be responsible for any and all
payment of all taxes, social security, state disability insurance compensation, unemployment
compensation and other payroll deductions for CONSULTANT and its officers, agents and
employees and all business licenses, if any, in connection with the PROJECT and/or the
services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all finished and unfinished
documents, exhibits, report, and evidence shall, at the option of CITY, become its property
and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not
be assigned, delegated or subcontracted by CONSULTANT to any other person or entity
without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the
insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
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15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to the
addresses specified below. CITY and CONSULTANT may designate different addresses to
which subsequent notices, certificates or other communications will be sent by notifying the
other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return
receipt requested:
TO CITY:
City of Huntington Beach
ATTN: Fire Chief
2000 Main Street
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
Wittman Enterprises, LLC
ATTN: Corinne Wittman -Wong, CEO
21 Blue Sky Court, Ste A
Sacramento, CA 95828
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval to
any subsequent occurrence of the same or any other transaction or event.
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18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive and
are included solely for convenience of reference only and are not representative of matters
included or excluded from such provisions, and do not interpret, define, limit or describe, or
construe the intent of the parties or affect the construction or interpretation of any provision of
this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the
remaining covenants and provisions of this Agreement. No covenant or provision shall be
deemed dependent upon any other unless so expressly provided here. As used in this
Agreement, the masculine or neuter gender and singular or plural number shall be deemed to
include the other whenever the context so indicates or requires. Nothing contained herein
shall be construed so as to require the commission of any act contrary to law, and wherever
there is any conflict between any provision contained herein and any present or future statute,
law, ordinance or regulation contrary to which the parties have no right to contract, then the
latter shall prevail, and the provision of this Agreement which is hereby affected shall be
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curtailed and limited only to the extent necessary to bring it within the requirements of the
law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each duplicate
original shall be deemed an original instrument as against any party who has signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the
provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel
for CITY; and CITY shall not be liable for payment of any legal services expenses incurred
by CONSULTANT.
24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce
the terms and/or provisions of this Agreement or to secure the performance hereof, each party
shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover
its attorney's fees from the nonprevailing party.
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25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws
of the State of California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has
the power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event
that such authority or power is not, in fact, held by the signatory or is withdrawn.
C®NSITI,')[ ANT's initials
28. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement
freely and voluntarily following extensive arm's length negotiation, and that each has had the
opportunity to consult with legal counsel prior to executing this Agreement. The parties also
acknowledge and agree that no representations, inducements, promises, agreements or
warranties, oral or otherwise, have been made by that party or anyone acting on that party's
behalf, which are not embodied in this Agreement, and that that party has not executed this
Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact
or circumstance not expressly set forth in this Agreement. This Agreement, and the attached
exhibits, contain the entire agreement between the parties respecting the subject matter of this
Agreement, and supersede all prior understandings and agreements whether oral or in writing
between the parties respecting the subject matter hereof
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29. EFFECTIVE DATE
This Agreement shall be effective on the date of its approval by the City
Council. This Agreement shall expire when terminated as provided herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers.
CONSULTANT,
WITTMAN ENTERPRISES, LLC
COMPANY NAME
By:���"—''/—
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ITS: (circle one) Chairman/Pre is den ce President
AND
By: G�.✓ iJi
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ITS: (circle one Secre�;)Chief Financial Officer/Asst.
Secretary - Treasurer
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Mayor
Fire Nief
REI�, APPROVED:
104 Manager
APPROVED AS TO FORM:
ci City Attorney
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September 10, 2012
Exhibit A: Contract's Scope of Work for Billing Services for Emergency
Paramedic and Ambulance Service with Wittman Enterprises
Contractor shall provide all software and hardware associated with the billing and receivables process.
City will provide patient data via a hard copy pre -hospital care report (PCR), and Contractor shall abstract
data from the City's paper PCRs and convert the data into an electronic format, providing a thorough
review of every PCR for content, accuracy and validity for billing purposes.
It shall be the responsibility of Contractor to provide interface capability to receive and review electronic
run reports collected via ImageTrend ePCR software at no cost to City; and to ensure that invoicing
standards meet or exceed City standards.
Contractor shall have a secure FTP platform to receive account data and must be able to interpret
accurately the patient information and accept supplemental information (such as hospital face sheets,
copies of insurance cards, etc.) if necessary. Contractor shall maintain the FTP platform during the entire
term of the contract.
Contractor shall provide and maintain a disaster recovery system that ensures complete and uninterrupted
data back-up and recovery services.
Contractor shall provide acknowledgement of PCRs within 24 hours of submission and on a business day
via an email to City staff in the Fire Department as directed.
Contractor shall ensure a comprehensive revenue recovery process which includes appealing all denials,
researching viable insurance coverage and utilizing various methods to address incorrect or incomplete
billing information and alternate forms of payment.
Contractor shall implement bill schedules for City's paramedic subscription (membership) program and
ensure that the Contractor's employees who speak with the City's patients are knowledgeable about the
program. Contractor shall ensure that the billing process is handled appropriately for members within the
membership program policies and provide membership write -down information on a monthly basis.
Contractor shall evaluate individual PCRs due to the variance of information and with specific direction
provided by City, and which may be unpredictable and cannot be automated for routine handling.
Contractor shall provide electronic claims processing and filings whenever possible for the various claim
types including Medicare, Medi-Cal, commercial insurances, workers' compensation and private
insurance. Contractor shall process filings, appeals and denials for all insurances in a timely manner that
will not compromise successful revenue collection.
Contractor shall prepare all initial invoices within three (3) business days of receipt of accounts. Initial
invoicing must include instructions in both English and Spanish, placed in sealed envelopes and mailed,
postage prepaid.
Contractor shall utilize the following private bill schedule:
Initial Invoice: Within three (3) business days of receipt of a PCR
Statement: 30 days of receipt of PCR
Past Due Statement: 20 days after Statement
Final Demand: 10 days after Statement
Delinquent Claim: 45 days after Final Demand
Contractor shall be responsible for mailing City's Customer Satisfaction Survey, provided by the City, in
the manner prescribed by City. The survey contents may be modified at any time during the contract at
the discretion of City.
For all accounts assigned to Contractor, all customer contact, including notices, mailing, itemizations,
small claims, bankruptcy filings and miscellaneous requests and inquiries, is the sole responsibility of
Contractor. Contractor will be fully responsible for maintaining accurate records of all correspondence,
documents, accounting records, transactions and other relative evidence. Contractor will also be solely
responsible for any and all costs incurred in and associated with the accounts referred to them by City.
All records shall be made available to City upon request.
Contractor shall provide customer service representatives that are available at a minimum from 8:00 am to
4:30 pm, Pacific Time, Monday through Friday, excluding major holidays. Contractor shall provide a toll
free 800 telephone number for billing inquiries. Spanish speaking representatives shall be available, as
shall a language translation service for other language needs of patients or their representatives.
Contractor shall make outgoing contacts with City accounts identifying themselves as "Ambulance
Billing Services for the City of Huntington Beach Paramedic Services" and shall identify themselves
when receiving incoming calls as "Ambulance Billing Services."
Contractor shall provide City with 24-hour on-line read-only access to Contractor's database to review
City's active and closed billing records for billing information and account notes, and with the capability
to print invoices and receipts on demand.
Contractor shall be responsible for obtaining "Assignment Authorization," also called "Lifetime
Signature" which allows CMS to pay the City directly. City will work cooperatively with Contractor to
collect signatures at the time of the patient contact but the final responsibility to obtain signatures will rest
with Contractor.
Contractor shall post payments to the correct patient account within one (1) day of receiving payment
information from City.
Contractor shall provide a weekly report of all recommended accounts, with detailed notes on the
servicing of each account. Contractor shall reconcile any account upon City's request and prior to that
month's closing. Contractor shall reconcile accounts from the bad debt collection agency upon City's
request.
Contractor shall forward all unresolved complaints and billing disputes to City for review and
determination. Contractor shall adhere to City's policy for handling account hardship issues, liens and
attorney settlement requests, including but not limited to minimal monthly payment plans, credit card
transactions, write -downs and write-offs.
Contractor shall be responsible for ensuring that records are not missing, minimum content criteria is
present, fee schedules are accurate and applied correctly, billing codes are appropriate and itemized
charges are captured. Contractor shall allow City to inspect, review and audit all City records by City,
State or Federal Officials or their authorized representative during the contract period and for seven (7)
years after the termination of that contract.
Contractor shall provide all monthly finance, billing, receivables and aging reports including monthly
ticket survey, daily cash receipts journal, monthly receivables aging report by payor mix, monthly status
of all accounts by payor mix, revenue report by payor mix, charge summary by type of service provided
and general supply category used. Contractor shall modify existing reports or provide new reports upon
request by City.
Contractor shall provide a liaison to City who shall be available during regular business hours and have an
alternate contact available in his/her absence. The liaison shall provide overall management and
coordination of the contract on the Contractor's behalf and have access to technical assistance at all times.
Contractor shall comply with all federal and state CMS regulations and applicable State Medi-Cal
regulations regarding claim submittal and processing in its entirety. Contractor will remain current in
CMS regulations and inform City if its current practices need to be modified to adhere to all regulatory
matters.
Contractor shall exercise its best ethical, prudent, lawful and professional efforts to secure payments on
all accounts referred by City. Collection activities shall comply with all federal, state and local laws,
including but not limited to the Federal Fair Debt Collection Practices Act.
Contractor shall guarantee the confidentiality, security and safety of all files, documents and information
provided by City, except as to disclosure required by federal and state laws and regulations. Contract will
comply with all federal, state and local statutes and regulations regarding protected health information,
including the Health Insurance and Portability and Accountability Act of 1996 (HIPAA), and shall enter
into a HIPAA Business Associate Agreement with City. Contractor shall maintain HIPAA compliance
throughout the term of the contract.
Contractor shall not assign or subcontract any portion of this agreement or transfer, assign or outsource
any claim, pursuant to this contract, without the written consent of City. Contractor shall not enter into
any third party agreements with clearinghouses, insurance companies or any other arrangement that
results in a reduction of reimbursement without the written approval of City.
City reserves the right to terminate the contract at any time by providing a thirty day written notice for
convenience or cause. In the event of contract termination or the bankruptcy/dissolution of Contractor, all
accounts and documentation relating to City accounts shall be returned to City, regardless of status or
payment arrangements made with consumers.
September 10, 2012
Exhibit B: Payment 'Terms of the Contract for Billing Services for Emergency
Paramedic and Ambulance Service with Wittman Enterprises
Contractor shall provide a monthly invoice to City based upon the revenue collected and reported by City
to Contractor, and after City has reviewed and approved the delinquent accounts, for a fee of 4.95% of net
collected dollars, adjusted to 4.75% when the ePCR system interface is fully operational.
EXHIBIT "B"
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost
schedule:
B. Travel Charges for time during travel are not reimbursable.
C. Billing
All billing shall be done monthly in fifteen (15) minute increments and matched to an
appropriate breakdown of the time that was taken to perform that work and who
performed it.
2. Each month's bill should include a total to date. That total should provide, at a glance,
the total fees and costs incurred to date for the project.
3. A copy of memoranda, letters, reports, calculations and other documentation prepared
by CONSULTANT may be required to be submitted to CITY to demonstrate progress
toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each monthly payment due.
Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this
Agreement, CITY shall approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non -approval and the schedule of
performance set forth in Exhibit "A" may at the option of CITY be suspended until
the parties agree that past performance by CONSULTANT is in, or has been brought
into compliance, or until this Agreement has expired or is terminated as provided
herein.
Exhibit B
Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly
rate charged for such time. Such invoices shall be approved by CITY if the work
performed is in accordance with the extra work or additional services requested, and if
CITY is satisfied that the statement of hours worked and costs incurred is accurate.
Such approval shall not be unreasonably withheld. Any dispute between the parties
concerning payment of such an invoice shall be treated as separate and apart from the
ongoing performance of the remainder of this Agreement.
2
Exhibit B
EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set
forth herein in accordance with the following progress and payment schedules.
2. Delivery of work product: A copy of every memorandum, letter, report, calculation and
other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress
toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY
shall identify specific requirements for satisfactory completion.
3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment
due. Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that the
work has been performed in accordance with the provisions of this Agreement;
and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall
approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the
invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an
invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule
of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree
that past performance by CONSULTANT is in, or has been brought into compliance, or until this
Agreement has expired or is terminated as provided herein.
4. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information
required above, and in addition shall list the hours expended and hourly rate charged for such time.
Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or
additional services requested, and if CITY is satisfied that the statement of hours worked and costs
incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the
parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing
performance of the remainder of this Agreement.
Exhibit B
PROFESSIONAL SERVICES CONTRACT BETWEEN
TBECITY WF HUNTINGTON BEACH AND
WlTTMANENTERPRISES, LLC
FOR
BILLING SERVICES FOR EMERGENCY PARAMEDIC AND AMBULANCE SERVICE
\
2
3
4
5
6
7
@
0
\O
\\
\2
\3
\4
|5
|6
\7
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|4
20
2|
22
23
24
25
26
27
2@
29
Table nfContents
ScopenfServices .....................................................................................................
CityStaff Assistance ................................................................................................ Z
Compensation ___._.____.,...____.__..__-.--.-..—..--.--...—_—..—.. Z
ExtraWork ............................................................................................................... 2
MethodnfPayment .................................................................................................. 3
Disposition of Plans, Estimates and Other Documents ...........................................
3
HoldHarmless .........................................................................................................
3
Professional Liability Insurance .........----..--.-.---..--...--.—......-..--..'4
CertdfivatenfInsurance ............................................................................................
5
Independent Contractor ............................................................................................
h
Termination of Agreement .—......-..-_.—.---.--.---_.------.-....—..---'/0
Assignment and Delegation ----....—.—.--.----.----.--..--..----.—./h
__._..____~._____.___._._—.-.--.---...--.----..--'.7
City Employees and Officials ..................................................................................
7
Notices.........................................................................................
Consent....................................................................................................................
@
Modification.............................................................................................................
0
Section Headings ---_.----.--..-.---....—...----'---..''''-'-.----''--'@
Interpretation of this Agreement .-...-_-------...—..----.------.—.—....--0
Duplicate Original ._______._.________....._._._'_-,-----,......-----.
A
Immigration ...._.-_.____..______________,__---.—_._--.-..---.--..
A
Legal Services Subcontracting Prohibited ................................................................
4
Fees..........................................................................................................
\U
Survivm1---.----.------..-.---.--.—.--.--..--.—..-------..--........]O
GoverningLaw .........................................................................................................
|U
S'''--'''—'''-------'--'----''''--.--...-.------.--------.'\O
Entirety____^___________.._____._______._.__'__._____-._--..--_..'lO
7E,(MMIDDIYYYY)
ICC\PCERTIFICATE OF LIABILITY INSURANCE 625/2012 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(les) must be endorsed. If SUBROGATION IS 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).
PRODUCER CONTACT TFBC Dolan
Y
Wets Fargo Insurance Services USA, Inc;. PHONF_ 916 231-1757 FAX 916 231-1SG8
WC, N9,.Fxt); -- - - IAlC, Nq): .
CA DOI Lic. 1,10D08408 (916) 231-1741 L--AIAIL tr?c dolanCDwc-Ilsfar o o.cn?
ADDRESS: Y _ 9 _
11017 Cobblercck Drive, Suite 100 INSURERIS) AFFORDING COVERAGE 1 NAiC r!
Rancho Cordova, CA 95670-6049 -
INSURER A: National Fire Insurance
INSURED INSURER B : National hire Insurance Company of Hartford 20478
P Hartford Casualt Insurance Compan 29424
Wittman Enterprises, LLC �, y y
INSURER C
PO Box 269110 INSURER 0 Evanston insurance Company 35378
INSURER E
Sacramento, CA 95826 INSURER r
COVERAGES CERTIFICATE NUMBER: 4514690 REVISION NUMBER: Rao hPinw
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTIVlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VvHICI-i THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL l'HE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR-- - - --- -- - - - - - --- ---- - - --. - . -
ADDLISUBR
LTR TYPE OF INSURANCE POLICY EEF POLICY EXP LIMITS
! i POLtCY NUMBER � MMIDDIYYYY MM1DDfYYYY
A
LIABILITYGENERAL
403At 5403
'
07101r20121
1
07/01/2013
- EACH OCCURRENCE
X CCMMFRC'IAI. Gr.P4ER_A_ L LIAQI L!TY
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i7AMAGE'1'O RENTED �.......
3oo,coo
PREMISES {�aoc��rrl:ncy} ...;
_ X OCCUR
EXP Anyxiur n/ ... 10.000
,PERSONAL & ADV INJURY $ 200QOOC
�.
GENOI-RALIA@GRL-"..
- CATG
I GEN' AGGREGATE LIMIT APPLIES PER:
I
�
PRODUCTS COMPIOP AGO $ 4,000,000
--- PRO- -I
X POLICY iJEC OC
B
AUTOMOBILE LIABILITY
B4012487490
07/01/2012
07/01l2013 CO aIBINIF
mdeD SINGLE LIMP}'000,000-
_
i
X ANYAUTO �
BOi71LY INJURY 1Pel poison}
R
ALL OWNED � SCI;EDUi
i AUTOS AU_LD
TOS
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BODILY INJURY (Por ar;ctdalatl
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NON -OWNED
X HVEDAuIDs x AUTOS
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?
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C
X UMBRELLA LIAR X I C.COUR
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40346�4083
07/01l2012
07l0112013
- EACI i OCCURRENCE
�_, - -- -
$ 2,000,000
"--
-,�-EXCESS L€AB 4 CLAIMS -MADE
AGGREGATE
$ 21000,000
DED X I RETENTION$ i0,000
$
WORKERS COMPENSATION
STATU" O' H
AND EMPLOYERS' LIABILITY Y 1 N
TQR]'- ITS - ft . _... _ . .
ANY PIQOPRIE'I*GRIPAR'rNERIE-XE{:UTIVE k
OFFICER'MEVISER EXCLUDED?
NIA
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i r.i-. EACH ACCIDENT !$
I
(Mandatory in NH)
i E L. DISEASE - EA EMPLOYES $
t
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if you, dc::cl Ibc widor
LI=SCRI Pl'iON OF OPERATIONS beEow
- - - - -- - j -- _
E.L. DISEASE - POLICY Lifol- $
D Prof Liability
i
E0850756
07101/2012 07/01/2013 ! $,.000,000f$2,000.coo
I
DESCRIPTION OF OPERATIONS 1 LOCATIONS ! VEHICLES Attach ACORD 101, Addiiior 4 Ramarks SchedUle, if mores ace is ro wred 1
Certificate holder named additional insured per attached form.
'10 day no€ice applies if cancelled for non -Payment of prerrium.
E�NN1.F1"..{Z Ivl��t � ';":7 ; �z'n, :.;,,.,;x�,f•.:
i
u ism Iiri,—AI C riu L.L)rm (,ANA, CLLFI I IVN
Huntington Beach Fire Department
2000 Main Street
Huntington Beach, CA 92648
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE I'll Af
00024e The ACORD name and logo are registered marks of ACORD 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010105) 111111111111111111111111 IN 111 1111H I I11111111111111111111 cvlso11vs1a12al nlrnnrmorcinl
CITY OF HUNTINGTON BEACH
Professional Service Approval Form
PART I
Date: 9/19/2012 Project Manager Name: Jane Cameron
Requested by Name if different from Project Manager:
Department: Fire
PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE
COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER,
FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT
PROCESS. PART / MUST BE FILED WITH ALL APPROVED CONTRACTS.
1) Briefly provide the purpose for the agreement:
To enter into an agreement for Emergency Medical Service billing
2) Estimated cost of the services being sought: $ 995,000 for 3-year term
3) Are sufficient funds available to fund this contract? ® Yes ❑ No
If no, please explain:
4) Check below how the services will be obtained:
❑ A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted
❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized.
❑ MC 3.03.08 — Contract Limits of $30,000 or less exempt procedure will be utilized.
5) Is this contract generally described on the list of professional service contracts approved by the
City Council? If the answer to this question is "No," the contract will require approval from the
City Council.) -----------, ❑ Yes , ❑ No
Fi
Hager Signature
- z'2 - 1 7
Date
6) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted
(Please note that a budget check will occur at the object code level):
10065401.69300 $ 278,000 rq CPOG/ 0
'% I
-�. -.• • -
W, AF - 1A T
AFRI
r of Finance's Signature
Deputy City Manager's Signature
APPROVED ❑ DENIED ❑
City Manager's Signature
/ D;Jte
q/0
Date
2 -? vt 2 -
Dat
Date
Date
CITY OF HUNTINGTON BEACH
Professional Service Approval Form
L PART 11
Date: 8/30/2012 Project Manager: Jane Cameron
Requested by Name if different from Project Manager- n/a
Department: Fire
PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE
COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I
& 11 MUST BE FILED WITH ALL APPROVED CONTRACTS.
1) Name of consultant: Wittman Enterprises, LLC
2) Contract Number- FIR 012-018-00
(Contract numbers are obtained through Finance Administration x 5630)
3) Amount of this contract: $ 995,000 for 3-year contract term
4) Is this contract less than $50,000? ❑ Yes ❑ No
5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No
6) Is this contract over $100,000? ® Yes ❑ No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and
City Clerk. Make sure the appropriate signature page is attached to the contract.)
7) Were formal written proposals requested from at least three available qualified
consultants? ❑ Yes ❑ No
8) Attach a list of consultants from whom proposals were requested (including a contact
telephone number.)
9). Attach Exhibit A, which describes the proposed scope of work.
10) Attach Exhibit B, which describes the payment terms of the contract.
3
Budget App vaI Sign ure Date
2-7l2
Director of Finance (or designee) ignature bate
Object
Account
10065401 - Fire Med Administration
nistration
51110 - Base Salaries
-
51100 - Salaries - Permanent
52000 - Salaries - Temporary
55110 - CaIPERS Employer Cost
55120 - CaIPERS Employee Cost
55100 - CaIPERS Payable
55150 - Retirement Supplement
55175 -Workers' Compensation
55200 - Health Insurance
55200 - Health Insurance
55350 - Vision Care
55375 - Disability
55400 - Dental Insurance
55425 - Retiree Medical
55450 - Life Insurance
55300 - Other Insurances
56010 - Deferred Compensation
56020 - FICA Medicare
55000 - Benefits
51000 - PERSONAL SERVICES
61450 - Telephone/Communications
61000 - Utilities
63100 - General Supplies
63125 - Office Supplies
63230 - Software
63225 - Computer Supplies
63345 - USPS Charges
63295 - Postage Deliveries
64165 - Clothing/Uniforms
64405 - Books/ Subscriptions
63000 - Equipment and Supplies
64870 - Computer Maintenance
64520 - Repairs and Maintenance
69300 - Professional Services
69300 - Professional Services
69455 - Cont SvcsPrinting Reproduction
69505 - Cont Svcs - Other
69530 - Cont Svcs - Other Advertising
69520 - Cont Svcs - Advertising
69450 - Other Contract Services
60000 - OPERATING EXPENSES
50000 - EXPENDITURES
City of Huntington Beach
Funds Available Report
2012
Cumulative 14
Subsidiary Budget
2012
266,156.80
266,156.80
4,120.00
44, 327.08
11, 948.98
56,276.06
12,785.03
8,109.48
19, 568.90
19,568.90
1,001.78
2,284.88
2,955.68
5,140.44
546.00
11,928.78
429.00
3,868.55
112,965.80
383,242.60
500.00
1,500.00
19, 500.00
19,500.00
750.00
750.00
300.00
0.00
22,550.00
0.00
278,000.00
278,000.00
3,000.00
27, 325.00
15,000.00
15,000.00
45,325.00
345,875.00
729,117.60
Cumulative 14 Cumulative 14 Cumulative 14
Actual Encumbrance Funds Avalllable
2012 2012 2012
0.00
266,156.80
0.00
266,156.80
0.00
4,120.00
0.00
44,327.08
0.00
11,948.98
0.00
56,276.06
0.00
12, 785.03
0.00
8,109.48
19,568.90
0.00
19,568.90
0.00
1,001.78
0.00
2,284.88
0.00
2,955.68
0.00
5,140.44
0.00
546.00
0.00
11,928.78
0.00
429.00
0.00
3,868.55
0.00
112,965.80
0.00
383, 242.60
0.00
0.00
0.00
0.00
0.00
500.00
0.00
0.00
1,500.00
0.00
19,500.00
0.00
19,500.00
750.00
750.00
0.00
300.00
0.00
0.00
0.00
0.00
22,550.00
0.00
0.00
0.00
0.00
278,000.00 (/
278,000.00
0.00
3,000.00
0.00
0.00
27,325.00
0.00
0.00
15,000.00
0.00
0.00
15,000.00
0.00
0.00
45,325.00
0.00
0.00
345,875.00
0.00
0.00
729,117.60
9/25/2012 7:48:03 AM Page 1 of 1
No inquiry description
Object YTD Adopted
Account Budget Budget
2012 2012
00100 - General Fund
10065401 - Fire Med Administration
51100 - Salaries - Permanent
266,157
266,157
52000 - Salaries - Temporary
4,120
4,120
55000 - Benefits
112,966
112,966
51000 - PERSONAL SERVICES
383,243
383,243
61000 - Utilities
63000 - Equipment and Supplies
22,550
22,550
64520 - Repairs and Maintenance
0
0
69300 - Professional Services
278,000
278,000
69300 - Professional Services
278,000
278,000
69450 - Other Contract Services
45,325
45,325
60000 - OPERATING EXPENSES
345,875
345,875
50000 - EXPENDITURES
729,118
729,118
9/25/2012 8:38:27 AM Page 1 of 1
Bid Results for Project Emergency Paramedic and Ambulance Billing Services (2012-0518)
Issued on 05/18/2012
Bid Due on June 13, 2012 4:00 PM (Pacific)
Exported on 10/04/2012
Bidder Info
Vendor Name Address City State ZipCode Respondee Respondee Title Respondee Phone Respondee Email Bid Submit Date
Wittman Enterprises, LLC 21 Blue Sky Court Sacramento CA 95828 Stephanie Cooper -Noe Client Liasion 916-669-4607 Ext. scooper-noe@webillems.com 6/13/201213:32
Advanced Data Processing, Inc. 6451 N. Federal Highway Suite 1000 Fort Lauderdale FL 33308 Nneka Nnolim -on behalf of Intermedix Marketing Communications Specialist 954-308-8733 Ext. nneka.nnolim@intermedix.com 6/13/2012 14:36
Bid Results for Project Emergency Paramedic and Ambulance Billing Services (2012-0518)
Issued on 05/18/2012
Bid Due on June 13, 2012 4:00 PM (Pacific)
Exported on 10/04/2012
Bidder Info
Vendor Name Address City State ZipCode Respondee Respondee Title Respondee Phone Respondee Email Bid Submit Date
Wittman Enterprises, LLC 21 Blue Sky Court Sacramento CA 95828 Stephanie Cooper -Noe Client Liasion 916-669-4607 Ext. scooper-noe@webillems.com 6/13/201213:32
Advanced Data Processing, Inc. 6451 N. Federal Highway Suite 1000 Fort Lauderdale FL 33308 Nneka Nnolim -an behalf of Intermedix Marketing Communications Specialist 954-308-8733 Ext. nneka.nnolim@intermedix.com 6/13/2012 14:36
City of Huntington Beach
2000 Main Street ® Huntington Beach, CA 92648
(714) 536-5227 e www.huntingtonbeachca.gov
Office of the City Cleric
Joan L. Flynn, City Clerk
October 17, 2012
Wittman Enterprises, LLC
Attn: Corinne Wittman -Wong, CEO
21 Blue Sky Court, Ste. A
Sacramento, CA 95828
Dear Ms. Wittman -Wong:
Enclosed for your records is a duplicate original of the "Professional Services Contract
Between the City of Huntington Beach and Wittman Enterprises, LLC for Billing Services
for Emergency Paramedic and Ambulance Service."
Sincerely,
Joa Flynn, CIVIC4V W
City Clerk
JF:pe
Enclosure
&followup:agrmthr
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