Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Wittman Enterprises, LLC - 2019-10-21
N IT N6jo 2000 Main Street, , ,ko,. Huntington Beach,CA `, 92648 os :q City of Huntington Beach APPROVED 7-0 <:l/NTV CPi4o File #: 23-599 MEETING DATE: 8/1/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Scott M. Haberle, Fire Chief PREPARED BY: Bonnie To, Principal Management Analyst Subject: Approve and authorize execution of Amendment No. 2 to agreement between the City of Huntington Beach and Wittman Enterprises, LLC for additional compensation not to exceed $320,000 to provide billing services for emergency paramedic and ambulance services Statement of Issue: The Fire Department is requesting approval of an amendment with Wittman Enterprises, LLC ("Wittman") for an additional amount not to exceed $320,000 for billing services for emergency paramedic and ambulance services. Financial Impact: There are sufficient funds available in the FY 2023-24 Fire Department operating budget. Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Amendment No. 2 to Agreement Between the City of Huntington Beach and Wittman Enterprises, LLC for Billing Services for Emergency Paramedic and Ambulance Services" for additional compensation not to exceed $320,000. Alternative Action(s): Do not approve the contract amendment, and direct staff accordingly Analysis: The City of Huntington Beach previously entered into a professional services contract with Wittman, which ended in October 2022. An initial amendment was executed to extend the services for one additional year until October 2023 at no additional cost. The previous agreement and first amendment included a 3.90% invoice charge to be paid by the City of Huntington Beach to Wittman for the vendor's services, up to $1,080,000 for a total of four years. Of note, this 3.90% rate is considered a lower rate compared to the City of Newport Beach's rate of 3.99%-4.50%. City of Huntington Beach Page 1 of 2 Printed on 7/26/2023 powered by LegistarT" File #: 23-599 MEETING DATE: 8/1/2023 There has been an increased number Emergency Medical Services (EMS) calls. Therefore, there has similarly been an increased need for billing services for emergency paramedic and ambulance services. In order to account for increased EMS calls and billing services through the end of the contract term of October 20, 2023, staff is requesting to increase the existing agreement by an additional sum not to exceed $320,000. The additional sum shall be added to the original sum of $1,080,000, for a new contract amount not to exceed $1,400,000. The performance period would remain the same, starting in October 2019 and ending in October 2023. Wittman has provided consistent and quality billing services to the City of Huntington Beach. As such, the Huntington Beach Fire Department is requesting approval and authorization by the Mayor and City Clerk to execute an "Amendment Between the City of Huntington Beach and Wittman Enterprises, LLC for Billing Services for Emergency Paramedic and Ambulance Service" for an additional amount not to exceed $320,000. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Financial Sustainability, Public Safety or Other Attachment(s): 1. Amendment No. 2 to agreement between the City of Huntington Beach and Wittman Enterprises, LLC 2. Amendment No. 1 and Original Agreement City of Huntington Beach Page 2 of 2 Printed on 7/26/2023 powered by LegistarTM AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND WITTMAN ENTERPRISES,LLC FOR BILLING SERVICES FOR EMERGENCY PARAMEDIC AND AMBULANCE SERVICE THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and WITTMAN ENTERPRISE, LLC, a Limited Liability Corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated October 21, 2019, entitled"Professional Services Contract Between the City of Huntington Beach and Wittman Enterprises, LLC for Billing Services for Emergency Paramedic and Ambulance Service"which agreement shall hereinafter be referred to as the"Original Agreement"; and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Three Hundred Twenty Thousand Dollars ($320,000.00). The additional sum shall be added to the original sum of One Million Eighty Thousand Dollars ($1,080,000.00), for a new contract amount not to exceed One Million Four Hundred Thousand Dollars ($1,400,000.00). 23-12859/314834 1 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on August 1 ,2023. WITTMAN ENTERPRISES,LLC CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By. n Ai-14AVS4s6cwG /print name ITS: (circle one)Chairman/PresidentNice President Mayor �— City Clerk By: ii}4-/fee`' A.-Aod"— INITIATED AND APPROVED: print name ITS: (circle one)Secretary/Chief Financial Officer/Asst.Secretary-Treasurer Fire Chie REVIEWED AND APPROVED: APPROVED AS TO FORM: CC/( City mGairTNTERPART City Attorney COUNTERPART 23-12859/314834 2 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on August 1 , 2023. WITTMAN ENTERPRISES, LLC CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: � ipi &t.#3 print name ITS: (circle one)Chairman/PresidentNice President Mayor 9-4•44n0#144A)AND /'i`� City Clerk 0123 By: INITIATED AND APPROVED: print name ITS: (circle one) ecretary/Chief Financial Officer/Asst. Sec et. -Treasurer Fire Chie /V ' VIEWER 1ND ' PPROVED: APPROVED . a I' ,„„,,,,,City Mana_ r IV7ttorneyFO COUNTERPART 23-12859/314834 2 ' �.......111 WITTENT-01 AMARTINEZ ' ACC:RO- DATE(MM/DD/YYYY) 4...._--- CERTIFICATE OF LIABILITY INSURANCE ll 6/29/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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 NAME: Vaultari Insurance Services PHONE FAX PO Box 646 (A/c,No,Eltt):(888)524-0798 �INC.No):(866)206-8646 Roseville,CA 95678 ADDR E-MAILESS:certificates@vaultariins.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Continental Casualty Company 20443 INSURED INSURER B:National Fire Insurance Company of Hartford Wittman Enterprises LLC INSURER c:Employers Preferred Insurance Company 11093 Sun Center Drive INSURER D:Travelers Casualty Insurance Co of Amer 25658 Rancho Cordova,CA 95670 INSURERS:Palomar Excess and Surplus Insurance Company INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR - INSP.WVD IMMIDDIYYI(y] (MM/DD/YYYYJ A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR B6020067350 7/1/2023 7/1/2024 PREMa sORENTEO 1,000,000 X PREMISES IEa occurrence! $ MED EXP(Any one person) S 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER EPLI FIDUCIARY $ 10,000 B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 fFa accident! $ X ANY AUTO 6020067395 7/112023 7/1/2024 BODILY INJURY(Per person) $ - OWNED SCHEDULED AUTOS ONLY AUTOS BODILY p BODILY INJURY(Per accident) $ HIREDTS ONLY AUTOS ONLY PROPERTY acEciident DAMAGE 3 3 A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE B6020067431 7/1/2023 7/1/2024 AGGREGATE $ 2,000,000 DED X RETENTIONS 10,000 $ C WORKERS COMPENSATION PER 0TH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N EIG453316403 7/1/2023 7/112024 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT 3 ��FFICER/MEMBgER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 It yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT $ D E&O 1 Professional L 107741202 7/1/2023 7/1/2024 Agg/Occ 2,000,000 E Cyber Liability PLMCBSWDZE2F6M 11/7/2022 11/7/2023 Aggregate/Limit 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) The City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers will be named as Additional Insured with respects to General Liability per attached endorsement form number SB146932F. APPROVED AS TO FORM By: __ coy MICHAEL E. GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH___ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE t1- I ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA (Ed.10-19) BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS TABLE OF CONTENTS I. Blanket Additional Insured Provisions A. Additional Insured—Blanket Vendors B. Miscellaneous Additional Insureds C. Additional Provisions Pertinent to Additional Insured Coverage 1.a. Primary—Noncontributory provision 1.b. Definition of"written contract" 2. Additional Insured—Extended Coverage II. Liability Extension Coverages A. Bodily Injury—Expanded Definition B. Broad Knowledge of Occurrence C. Estates, Legal Representatives and Spouses D. Fellow Employee First Aid E. Legal Liability—Damage to Premises F. Personal and Advertising Injury—Discrimination or Humiliation G. Personal and Advertising Injury—Broadened Eviction H. Waiver of Subrogation—Blanket 1. BLANKET ADDITIONAL INSURED PROVISIONS A. ADDITIONAL INSURED—BLANKET VENDORS Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed under a "written contract" to provide insurance, but only with respect to "bodily injury"or"property damage"arising out of"your products"which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original sazi container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to mpke or normally undertakes to make in the usual course of business,in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor;or SB146932G(10-19) Page 1 of 7 Copyright,CNA All Rights Reserved. SB146932G (Ed. 10-19) h. "Bodily injury"or"property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d.or f.;or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into,accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products- completed operations hazard"is excluded either by the provisions of the Policy or by endorsement. B. MISCELLANEOUS ADDITIONAL INSUREDS 1. Who Is An Insured is amended to include as an insured any person or organization (called additional insured) described in paragraphs 3.a. through 3.j. below whom you are required to add as an additional insured on this policy under a"written contract." 2. However, subject always to the terms and conditions of this policy, including the limits of insurance, we will not provide the additional insured with: a. A higher limit of insurance than required by such"written contract;" b. Coverage broader than required by such"written contract"and in no event greater than that described by the applicable paragraph a. through k. below; or c. Coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard." But this paragraph c. does not apply to the extent coverage for such liability is provided by paragraph 3.j.below. Any coverage granted by this endorsement shall apply only to the extent permitted by law. 3. Only the following persons or organizations can qualify as additional insureds under this endorsement: a. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) such person or organization's financial control of you;or (2) Premises such person or organization owns, maintains or controls while you lease or occupy these premises; provided that the coverage granted to such additional insureds does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. b. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability for"bodily injury," "property damage" or "personal and advertising injury" as co- owner of such premises. c. Grantor of Franchise Any person or organization that has granted a franchise to you, but only with respect to such person or organization's liability for"bodily injury,""property damage," or "personal and advertising injury" as grantor of a franchise to you. SB146932G(10-19) Page 2 of 7 Copyright,CNA AU Rights Reserved. SB146932G (Ed. 10-19) d. Lessor of Equipment Any person or organization from whom you lease equipment, but only with respect to liability for"bodily Injury," "property damage" or "personal and advertising injury" caused in whole or in part by your maintenance, operation or use of such equipment, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury"takes place prior to the termination of such lease. e. Lessor of Land Any person or organization from whom you lease land,but only with respect to liability for"bodily injury," "property damage"or"personal and advertising Injury"arising out of the ownership, maintenance or use of that specific part of the land leased to you, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury,"takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. f. Lessor of Premises An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of such part of the premises leased to you, and provided that the "occurrence" giving rise to such "bodily injury" or"property damage" or the offense giving rise to such"personal and advertising injury,"takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. g. Mortgagee,Assignee or Receiver A mortgagee,assignee or receiver of premises but only with respect to such mortgagee, assignee, or receiver's liability for"bodily injury," "property damage" or "personal and advertising injury" arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. h. State or Political Subdivisions A state or government agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such government agency or subdivision or political subdivision's liability for"bodily injury,""property damage"or"personal and advertising injury"arising out of: (1) The following hazards in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults,street banners,or decorations and similar exposures; or (b) The construction,erection, or removal of elevators; or (c) The ownership, maintenance or use of any elevators covered by this insurance;or (2) The permitted or authorized operations performed by you or on your behalf. But the coverage granted by this paragraph does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or government agency or subdivision or political subdivision; or (b) "Bodily injury" or "property damage" included within the "products-completed operations hazard." With respect to this provision's requirement that additional insured status must be requested under a 'Written contract,"we will treat as a"written contract"any governmental permit that requires you to add the governmental entity as an additional insured. SB146932G(10-19) Page 3 of 7 Copyright,CNA At Rights Reserved. SB146932G (Ed. 10-19) i. Trade Show Event Lessor With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom you are required to include as an additional insured, but only with respect to such person or organization's liability for "bodily injury," "property damage," or "personal and advertising injury"caused by: a. Your acts or omissions;or b. Acts or omissions of those acting on your behalf; in the performance of your ongoing operations at the trade show premises during the trade show event. j. Other Person or Organization Any person or organization who is not an additional insured under paragraphs a, through i. above. Such additional insured is an insured solely for "bodily injury," "property damage" or "personal and advertising injury"for which such additional insured is liable because of your acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: (1) For "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services; (2) For "bodily injury" or "property damage" included in the "products-completed operations hazard."But this provision(2)does not apply to such"bodily injury"or"property damage"if: (a) It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the"written contract";and (b) The"written contract"requires you to make the person or organization an additional insured for such"bodily injury"or"property damage";or (3) Who is afforded additional insured coverage under another endorsement attached to this policy. C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE 1. With respect only to additional insured coverage provided under paragraphs A.and B.above: a. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitled Other Insurance: This insurance is excess of all other insurance available to an additional insured whether primary, excess, contingent or on any other basis. However, if a"written contract"requires that this insurance be either primary or primary and noncontributing, then this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. b. Under Liability and Medical Expense Definitions,the following definition is added: 'Written contract" means a written contract or agreement that requires you to make a person or organization an additional insured on this policy, provided the contract or agreement: (1) Is currently in effect or becomes effective during the term of this policy; and (2) Was executed prior to: (a) The"bodily injury"or"property damage;"or (b) The offense that caused the"personal and advertising injury"; for which the additional insured seeks coverage. 2. With respect to any additional insured added by this endorsement or by any other endorsement attached to this Coverage Part,the section entitled Who Is An Insured is amended to make the following natural persons insureds. If the additional insured is: a. An individual,then his or her spouse is an insured; SB146932G(10-19) Page 4 of 7 Copyright,CNA All Rights Reserved. SB146932G (Ed. 10-19) b. A partnership or joint venture, then its partners, members and their spouses are insureds; c. A limited liability company,then its members and managers are insureds; d. An organization other than a partnership, joint venture or limited liability company, then its executive officers,directors and shareholders are insureds;or e. Any type of entity, then its employees are insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Furthermore, employees of additional insureds are not insureds with respect to liability arising out of: (1) "Bodily injury" or "personal and advertising injury" to any fellow employee or to any natural person listed in paragraphs a.through d.above; (2) "Property damage"to property owned, occupied or used by their employer or by any fellow employee;or (3) Providing or failing to provide professional health care services. II. LIABILITY EXTENSION COVERAGES It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement to such provision do not apply. A. Bodily injury—Expanded Definition Under Liability and Medical Expenses Definitions, the definition of"Bodily injury" is deleted and replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the physical injury, sickness or disease. B. Broad Knowledge of Occurrence Under Businessowners Liability Conditions, the Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: Paragraphs a. and b. above apply to you or to any additional insured only when such "occurrence," offense, claim or"suit"is known to: (1) You or any additional insured that is an individual; 5 (2) Any partner,if you or an additional insured is a partnership; (3) Any manager,if you or an additional insured is a limited liability company; (4) Any"executive officer"or insurance manager, if you or an additional insured is a corporation; (5) Any trustee,if you or an additional insured is a trust;or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. ® This paragraph applies separately to you and any additional insured. C. Estates, Legal Representatives and Spouses The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives and spouses only for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferred from such natural,person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal MEI representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses'acts, errors or omissions in the conduct of the Named Insured's business. SB146932G(10-19) Page 5 of 7 Copyright,CNA All Rights Reserved. SB146932G (Ed. 10-19) D. Fellow Employee First Aid Coverage In the section entitled Who Is An Insured, paragraph 2.a.1. is amended to add the following: The limitations described in subparagraphs 2.a.1.(a), (b) and (c) do not apply to your "employees" for "bodily injury"that results from providing cardiopulmonary resuscitation or other first aid services to a co-"employee"or "volunteer worker"that becomes necessary while your"employee" is performing duties in the conduct of your business. Your "employees" are hereby insureds for such services. But the insured status conferred by this provision does not apply to "employees" whose duties in your business are to provide professional health care services or health examinations. E. Legal Liability—Damage To Premises 1. Under B. Exclusions, 1.Applicable to Business Liability Coverage, Exclusion k. Damage To Property, is replaced by the following: k. Damage To Property "Property damage"to: 1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or abandon, if the "property damage"arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care,custody or control of the insured; 5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the"property damage"arises out of those operations; or 6. That particular part of any property that must be restored, repaired or replaced because"your work" was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are "your work"and were never occupied, rented or held for rental by you. Paragraphs 1, 3, and 4, of this exclusion do not apply to"property damage"(other than damage by fire or explosion)to premises: (1) rented to you: (2) temporarily occupied by you with the permission of the owner, or (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D— Liability and Medical Expenses Limits of Insurance. Paragraphs 3,4,5,and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage" included in the "products- completed operations hazard." 2. Under B. Exclusions, 1.Applicable to Business Liability Coverage,the following paragraph is added, and replaces the similar paragraph, if any, beneath paragraph (14) of the exclusion entitled Personal and Advertising Injury: Exclusions c, d, e,f,g, h, i, k, I,m, n, and o,do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. SB146932G(10-19) Page 6 of 7 Copyright,CNA All Rights Reserved. SB146932G (Ed. 10-19) 3. The first Paragraph under item 5. Damage To Premises Rented To You Limit of the section entitled Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You Limit. The Damage to Premises Rented to You Limit is the greater of: a. $1,000,000; or b. The Damage to Premises Rented to You Limit shown in the Declarations, F. Personal and Advertising Injury—Discrimination or Humiliation 1. Under Liability and Medical Expenses Definitions, the definition of"personal and advertising injury" is amended to add the following: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured;or (b) Any"executive officer,"director, stockholder, partner, member or manager(if you are a limited liability company)of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the exclusion entitled Personal and Advertising Injury is amended to add the following additional exclusions: (15)Discrimination Relating to Room,Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room,dwelling or premises by or at the direction of any insured. (16)Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. (17)Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. 3. This provision (Personal and Advertising Injury — Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. G. Personal and Advertising Injury-Broadened Eviction Under Liability and Medical Expenses Definitions, the definition of "Personal and advertising Injury" is amended to delete Paragraph c.and replace it with the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord or lessor. H. Waiver of Subrogation—Blanket i We waive any right of recovery we may have against: a. Any person or organization with whom you have a written contract that requires such a waiver. i= All other terms and conditions of the Policy remain unchanged. SB146932G(10-19) Page 7 of 7 Copyright,CNA AU Rights Reserved. , ING7 °4 City of Huntington Beach r O��=•'~yGORPORTp�'••••�F '-� 2000 Main Street ♦ Huntington Beach, CA 92648 o _ _ _ __ • . (4 (714) 536-5227 ♦ www.huntingtonbeachca.gov ‘®mac''• ....►.............. �0 0o Office of the City Clerk — � c°UNTAi A�// Robin Estanislau, City Clerk August 8, 2023 Wittman Enterprises, LLC Attn: Corinne Wittman-Wong, CEO 11093 Sun Center Drive Rancho Cordova, CA 95670 Dear Ms. Wittman-Wong: Enclosed is a fully executed copy of Amendment No. 2 to Agreement between the City of Huntington Beach and Wittman Enterprises, LLC for Billing Services for Emergency Paramedic and Ambulance Service, approved by City Council on August 1-, 2023. Sincerely, AA0t, 9AS44, Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND WITTMAN ENTERPRISES, LLC FOR BILLING SERVICES FOR EMERGENCY PARAMEDIC AND AMBULANCE SERVICE THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and WITTMAN ENTERPRISE, LLC, a Limited Liability Corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated October 21, 2019, entitled "Professional Services Contract Between the City of Huntington Beach and Wittman Enterprises, LLC for Billing Services for Emergency Paramedic and Ambulance Service" which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. TERM The term of the Agreement is extended for one additional year until October 20, 2023. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on October 20 , 2022. 22-11930/292844 1 WITTMAN ENTERPRISES, LLC CITY OF HUNTINGTON BEACH, a municipal corporation of the State of -jieeig,„„ California By -/-r <--, Z -f---- Ci,er,,:-1.0 e /t)9 wr Gal print name ITS: (circle one)Chairman/PresidentNice President Mayor ) AND ...--t—^ City Clerk By: At.9.ad /h^-40 d INITIATED AND APPROVED: print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Fire Chief ;. IE •ND r .ROVED: AS TO FORM: lo ii,. . ,1.- Ai City Man:, • City Attorney lay COUNTERPART 22-11930/292844 2 WITTMAN ENTERPRISES, LLC CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: i print name , ITS: (circle one)Chairman/President/Vice President Mayor AND 204111, 9,4714,7444) City Clerk i0/.2;?/24 By: INITIATED AND APPROVED: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Fire Chief ' .VIEWS\ AN" APP' :VED: APPROVED A FORM: Kid City M. g> it ttorney COUNTERPART 22-11930/292844 2 ,',—...v WITTENT-01 JROTH .ACORO" CERTIFICATE OF LIABILITY INSURANCE DATEiMMIDDrrrrvl �� 6/24/2022 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 1NSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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 fineCT Vaultarl insurance Services PHONE Fax PO Box 646 iArc No,Ext1:(888)624-0798 IAlc,No):(866)206-8646 Roseville,CA 96678 tass:certificates@vaultarlins.com INSURERIS)AFFORDING COVERAGE NAIC li INSURER A:Continental Casualty Company INSURED INSURER B:National Fire Insurance Company of Hartford Wittman Enterprises LLC INSURERC:Employers Preferred Insurance Company 11093 Sun Center Drive iNSURERD;Travelers Casualty Insurance Co of Amer 25658 Rancho Cordova,CA 96670 INSURER E:Obsidian Specialty Insurance Company INSURER F COVERAGES CERTIFICATE NUMBER; REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADOL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,INSD MD POLICY NUMBER IMMJDDIYYYY)4MMIDDIYYYYI LIMITS A X COMMERCIAL GENERAL UABIUTY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE a OCCUR X B6020067360 7/1/2022 7/1/2023 PDA AGETT(ERENTED I $ 1,000,000 MED EXP IArn one person) $ 10,000 — PERSONAL a ADV INJURY $ 2,000,000 GEN'LAGGREEU AP ALES GENERAL AGGREGATE $ 4,000,000 X POLICY I i JR LOC PRODUCTS-COMP/OPADO $ 4,000,000 OTHER: A OVED AS TO FOQM EPLI FIDUCIARY $ 10,000 B AUTOMOBILE LIABIUTY Me a&Iden SINGLE LIMIT $ 1,000,000 X ANY AUTO 6020d1V396 7/1/2022 7/1/2023 BODILY INJURY(Per person) $ OWNED — SCHEDULED AUTOS ONLY _ AUTOS MIC GATES BODILY INJURY[Per acddenit $ - AIRE pp�N.p��Dp CITY ATTORNEY P OPERTY AMAGE UTOS ONLY _ AUTOS ONLY CITY OF HUNTINGTON BEACI-- (�er aaldent4 $ $ A X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS UAB CLAIMS-MADE B6020067431 7/1/2022 7/1/2023 AGGREGATE $ 2,000,000 DED X RETENTIONS 10,000 $ C WORKERS COMPENSATION X MIRE ERH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE 'WI EIGa63316a02 711/2022 7/1/2023 E.L.EACH ACCIDENT $ 1,000,000 OF�ICEeR/MEMBER EXCLUDED? NIA 1,000,000 lm d lory lD NN) E.L.DISEASE-EA EMPLOYEE $ lives descdoetrlder 1,000,000 DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ D E&O 1 Professional L 107019103 111/2022 1/1/2023 Agg/Occ 2,000,000 E Cyber Liability PLM-CB-SLKAHXFUM 11/7/2021 11/7/2022 Aggregate/Limit 2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS i VEHICLES IACORD 101,Additional RemaHm Schedule,may be attached If more space Is required) City of Huntington Beach,Its officers,elected or appointed officials,employees,agents and volunteers will be named as Additional Insured with respects to General Liability per attached endorsement form number 58146932F. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CI of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City 9 ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE I ACORD 25(2016103) ©1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD } City of Huntington Beach File #: 19-1008 MEETING DATE: 10/21/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: David A. Segura, Fire Chief Subject: Approve and authorize execution of a three-year Professional Services Contract between the City of Huntington Beach and Wittman Enterprises, LLC in the amount of $1,080,000 to provide billing services for emergency paramedic and ambulance services; and, increase the Fire Department's Professional Services authority accordingly Statement of Issue: The Fire Department is requesting approval of a three-year professional services contract with Wittman Enterprises, LLC in the amount of$1,080,000 for billing services for emergency paramedic and ambulance service. The professional services authority for Wittman Enterprise, LLC is also requested to be increased by a commensurate amount. Financial Impact: Sufficient funds are included in FY 2019/20 budget (10065401). Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract Between the City of Huntington Beach and Wittman Enterprises, LLC for Billing Services for Emergency Paramedic and Ambulance Service" in an amount not to exceed $1,080,000 over a three- year period; and, B) Increase the Fire Department's professional services authority accordingly by the commensurate amount to ensure compliance with Administrative Regulation No. 228. Alternative Action(s): Do not approve the contract and direct staff accordingly. Analysis: The City of Huntington Beach Fire Department requires a professional and competent billing service related to emergency paramedic and ambulance services. These services are currently provided under an October 4, 2015, professional services agreement with Wittman Enterprises, LLC, which is City of Huntington Beach Page 1 of 2 Printed on 10/16/2019 powerellA LegistarT` File #: 19-1008 MEETING DATE: 10/21/2019 now on a month-to-month agreement. Wittman Enterprises, LLC currently charges 4.75% of collected revenues. On July 26, 2019, a request for proposals (RFP) was issued to solicit proposals from qualified vendors. The following three vendors responded to the RFP: • Wittman Enterprises, LLC • R1-Advanced Data Processing • EMS Management & Consultants Each proposal was reviewed and scored by a panel comprised of staff from Finance, Accounting Services, and Public Works based on the criteria outlined in the RFP. Consideration in the evaluation of submittals included the ability to best provide services, meeting the components of the RFP, and comparable experience with customers similar to Huntington Beach in Orange County. After evaluating the proposals, one vendor was disqualified for not meeting the minimum RFP requirements. Of the two that met requirements, the panel concluded that Wittman Enterprises, LLC best demonstrated the ability to provide the services specified in the RFP. Additionally, Wittman Enterprises, LLC has provided consistent and quality billing services to the City, and they reduced their fee from 4.75% to 3.9% of collected revenues. Wittman Enterprises, LLC has over 28 years experience in emergency paramedic and ambulance billing and serves more than 90 public agencies in California. They have a depth of experience with the Orange County EMS System and a strong knowledge of local insurance payers and California regulations in this area. The contractual billing fee is based on all revenue for billing services. Environmental Status: None. Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1. Professional Services Contract between the City of Huntington Beach and Wittman Enterprises, LLC City of Huntington Beach Page 2 of 2 Printed on 10/16/2019 powerA,17Y Leastar-" 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. t9-80 1 1/21 5 1 14 agree/surfnedprofessional Svcs mayor I of 12 5/19-204082 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 October 21, 2019 (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 One Million Eighty Thousand Dollars ($1,080,000). 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 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. 19-801 1/2 1 5 1 1 4 agree/surfnedprofessional svcs mayor 2 of 12 5/19-204082 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 A. 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 insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 19-8011/215114 agree/surfnet/professional svcs mayor 3 of 12 5/19-204082 B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a 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 9-80 1 1/21 5 1 1 4 agree/surfnet/professional svcs mayor 4 of 12 5/19-204082 ($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 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: 19-9011/215114 agree/surfnet/professional svcs mayor 5 of 12 5/19-204082 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. 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 19-8011/215114 agree/surfnet/professional sves mayor 6 of 12 5/19-204082 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. 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 1 9-80 1 1/21 5 1 1 4 agree/surfnet/professional svcs mayor 7 of 12 5/19-204082 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: TO CONSULTANT: City of Huntington Beach Wittman Enterprises, LLC ATTN: Fire Chief ATTN: Corinne Wittman-Wong, CEO 2000 Main Street 11093 Sun Center Drive Huntington Beach, CA 92648 Rancho Cordova, CA 95670 17. CONSENT 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. 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 1 9-80 1 1/21 5 1 14 agree/surfneUprofessional svcs mayor 8 of 12 5/19-204082 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 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 19-8011/215114 agree/surfnet/professional Svcs mayor 9 of 12 5/19-204082 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. 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. 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 19-8011/215114 agree/surfnet/professional sves mayor 10 of 12 5/19-204082 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. 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. 19-8011/215114 agree/surfnet/professional sves mayor 11 of 12 5/19-204082 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of WITTMAN ENTERPRISES,LLC California By: Ma /f ✓ /�� h od �i61 print name ITS: (circle one)Chairm resident/Yice President City Clerk ro/--ss1j,1 AND INI TED AND APPR r � By: L�--- S' Fire Chief priiaww,ne ITS: (circle one ecretar hief Financial Officer/Asst. Secretary-Treasurer REVIEWED � AP OVED: City Manager APPROVED City Attorney fw 19-8011M 5114 agrcel surfmt/PTOfMicnal sves mayor 12 of 12 5/19-204082 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Wittman Enterprises, LLC will conduct emergency paramedic and ambulance billing services for the City of Huntington Beach. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Private Billing Wittman Enterprises, LLC to prepare all invoices and follow-up mailings. Initial invoicing with both English and Spanish instructions will be on 8 X 11 billings and will be placed in envelopes, sealed and mailed, postage prepaid. Initial invoicing occurs within three (4) days of receipt of transport tickets. Toll Free 800 telephone number provided to patients. An initial telephone call will also be made at this time to elicit any insurance information from the patient or patient's family. If we receive no answer on this call, Wittman's will send an inquiry letter in addition to the initial invoice. The standard bill schedule is as follows: Private Bill Schedule 1. Invoice Immediately 2. Statement 30 days 3. Past Due 20 days 4. Final Demand 10 days Medicare, Medicaid, Medi-Medi Wittman Enterprises, LLC to prepare all invoices and electronically convey to Medicare and Medicaid/Medi-Cal fiscal intermediaries. All secondary and coinsurance billing transferred to the appropriate secondary pay source and promptly billed to that source. III. Workers' Compensation and Private Insurance Wittman Enterprises, LLC to bill private insurance, supplemental insurance, secondary insurance and Workers' Compensation billed according to specific requirements. Electronic billing of insurance companies is performed where appropriate. Any correspondence for additional information or follow up necessary to secure insurance payments will be performed by Wittman Enterprises, LLC. Delinquent Claim Handling Patients with claims aging over 45 days will be contacted by telephone for payment arrangements. Telephone follow up will continue until payment in full is received or account is dismissed by the City to an outside collection agency. Wittman Enterprises, LLC will utilize installment billing as allowed by the City in cases of financial hardship. EXHIBIT A Receipts Processing Wittman Enterprises, LLC will receive direct payment, posting and depositing cash receipts within one (1) day of receipt. Bank deposit receipt will be emailed to the City. Wittman Enterprises, LLC shall have no access to the proceeds of the receipts. All funds are under the exclusive control of the City of Huntington Beach. Reports Monthly, Wittman Enterprises, LLC will perform accurate month end close procedures that will result in the following reports: Monthly Ticket Survey Monthly Sales Journal Monthly Cash Receipts Journal Monthly Receivables Aging Management A/R Analysis Statistical Reports customized to client needs Provider Responsibilities • Submit necessary transport information, including pay source information and patient condition, to Wittman Enterprises, LLC for billing purposes. • Forward to Wittman Enterprises, LLC all necessary information relating to patient transports services, payments and patient eligibility. •Notify Wittman Enterprises, LLC of any accounts that require special attention. • Obtain signature of patient or guardian. • Provide patient's Social Security Number Source Documents Wittman Enterprises, LLC will retain all source documents including attachments for six (6) years. When service contracted is terminated, all source documents are returned to Provider at the Provider's expense. C. CITY'S DUTIES AND RESPONSIBILITIES: In a timely manner, the City will provide accurate documentation to the vendor so that they can conduct emergency paramedic and ambulance billing services. The City will provide vendor with supplemental documents as required from various sources to assist in completing billing services. D. WORK PROGRAM/PROJECT SCHEDULE: To be determined. EXHIBIT A 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 EXHIBIT B PAYMENT SCHEDULE CITY OF HUNTINGTON BEACH PROFESSIONAL SERVICES AGREEMENT WITH WITTMAN ENTERPRISES, LLC FOR EMS BILLING SERVICES I. Fees A. Percentage of Net Collections 3.90% of net collected revenue B. Monthly Reports Included Net Collections are the dollars eligible for collection after adjusting for Medicare and Medi-Cal write downs. "Collected Revenue" is the net dollars collected minus any refunds or payor adjustments. Billing services are offered for a percentage of collected revenue as agreed upon by the two parties and indicated above. 1 Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND WITTMAN ENTERPRISES, LLC FOR BILLING SERVICES FOR EMERGENCY PARAMEDIC AND AMBULANCE SERVICE Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.....o...................................................................................7 17 Consent ....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety .................................................10 29 Effective Date.................................................................................11 WITTENT-01 JMAHNCK ,4COR0" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 9il 812019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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 Western Elite Insurance Solutions PHONE FAX 130 Diamond Creek Place,Suite 2 (A/C,No,Ext):(916)259-6900 (AIC,Nol:(866)206-8646 Roseville,CA 15747 Ea1tAl INSURERS AFFORDING COVERAGE NAIC# INSURER A:National Fire Insurance Company of Hartford INSURED INSURER B:Continental Insurance Company Wittman Enterprises LLC INSURER C:Continental Casualty Company 11093 Sun Center Drive INSURER D:State Compensation Insurance Fund Rancho Cordova,CA 95670 INSURER E:AXIS Surplus Insurance Company INSURER F:Travelers Casualty Insurance Co of Amer COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LiA81L.rrY EACH OCCURRENCE S 2,000,000 CLAIMS-MADE a OCCUR X B6020067350 711/2019 7/1/2020 DAMAGETO RE CTEO 5 $00,000 jMED EXP(Any one on 10,000 I PERSONALSADVINJURY $ 2.000,000 GEWL AGGREGATE LIMIT APPLIES PER I I GENERAL AGGREGATE $ 4,000,000 X POLICY❑T& LOD PRODUCTS-COMP/OP AGG S 4,000,000 OTHER: EPLI FIDUCIARY $ 10,000 B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 d.ntlX ANY AUTO 86020067395 71111119 7MI2020 BODILY INJURY Perperson) S OWNED SCHEDULED AURRTEEO��S ONLY AUTOS � EE y AS TO FORM BODILY INJURY Per accident S HIF 0.%ONLY N&N-) IP PRaOraTC Eer dent AMAGE S S r+ X UNCLE. AUAB X OCCUR 2,000,000 • MI ABL E.GATES EACH OCCURRENCE S EXCESSua6 CLAIMS-MADE plr'I T431 7/1/2019 7/1/2020 AGGREGATE f 2,000,000 DEO X RETENTIONS lO OF UN'1nNG'1'ON®EACH D WORKERS COMPENSATION X I PER OTH- AND EMPLOYERS'LIABILITY Y f N 91 61 868-201 9 7/112019 7/1/2020 1,000,000 ANY PROPRIETOR/PXCLUDE/EXECUTIVE E.L.EACH ACCIDENT _ M nciatoryEMBER EXCLUDED? NIA 1,000,000 (Mandatory m NH) E.L.DISEASE-EA EMPLOYE If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.1—DISEASE-POLICY LIMIT E Cyber Liability POOIO0004271101 1117/2018 11/7/2019 Aggregate/Limit 1,000,000 F Professional Liab 107019103 1/112019 1/112020 Each Claim/Agg 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) The City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers will be named as Additional Insured with respects tc General Liability per attached endorsement form number SB146932F. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty 9 ACCORDANCE WITH THE POLICY PROVISIONS, 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) III ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: Billing Services for Emergency Paramedic and Ambulance Service SERVICE DESCRIPTION: Provide the tasks and activities associated with preparing, invoicing, categorizing, recording, monitoring, supervising and managing the billing program for those emergency medical services operated by the City of Huntington Beach Fire Department. VENDOR: Wittman Enterprises, LLC OVERALL RANKING: 1 of 3 SUBJECT MATTER EXPERTS/RATERS: 1.Project Manager, Finance 2. Senior Civil Engineer, Public Works 3.Administrative Analyst, Finance I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Wittman Enterprises,LLC—Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Compliance with RFP 135 150 Technical Approach 325 375 Qualifications 350 375 Clarity 135 150 Cost 225 375 References and Background 75 75 Total F 1245 1500 II. DUE DILIGENCE REVIEW • Wittman Enterprises currently provides billing services for the City of Huntington Beach and other comparable agencies in Orange County including Newport Beach, Costa Mesa, Anaheim and Fullerton. Vendor meets project requirements and City's needs. Wittman Enterprises, LLC—Summary of Review • Vendor scored highest in five out of six categories and met all requirements of the RFP. They have provided consistent& quality billing services to the City. Witttrnan Enterprises,LLC—Pricing • 3.9% of net collections, lower rate from current contract PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: Billing Services for Emergency Paramedic and Ambulance Service SERVICE DESCRIPTION: Provide the tasks and activities associated with preparing, invoicing, categorizing, recording, monitoring, supervising and managing the billing program for those emergency medical services operated by the City of Huntington Beach Fire Department. VENDOR: Vendor#2 OVERALL RANKING: 2 out of 3 SUBJECT MATTER EXPERTS/RATERS: 1.Project Manager, Finance 2. Senior Civil Engineer, Public Works 3.Administrative Analyst, Finance I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: VEKDOR#2—Minimum Qualifications Review' Total Weighted Maximum Criteria Score Score Compliance with RFP 130 150 Technical Approach 250 375 Qualifications 287.50 375 Clarity 120 150 Cost 350 375 References and Background 55 75 Total 1,,102=50 1500 II. DUE DILIGENCE REVIEW • Vendor provides billing services to City of Los Angeles, City and County of San Francisco, and cities in Northern California. VENDOR#2—Summary of Review • Vendor met the requirements in the RFP. fEN©OR.#2-.Pricing • 2.75% of net collections CITY OF HUNTINGTON BEACH 1rCF.Wp ) Professional Service Approval Form jUL 16 2019 PART I Finance Department Date: 7/2/2019 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 I MUST,BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: Provide emergency paramedic and ambulance billing services. 2) Estimated cost of the services being sought: $945,000 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 71 /g Fiscal Services Manager Signature (Purchasing Approval) 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): Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2019/20 2020/21 2021/22 10065401.69365 $310,000 $315000 $320,000 $ $ $ $ $ �lak Bu A p a � Date art ent Hea Signature(s) I D to :? /ak9 Chie ' ancial Officer ignature Date Assistant City an er's Signature at APPROVED] DENIED ❑ c. City Manager' Signature Date professional service approval form-part i for ems billing svcs rfp.doc REV: February 2015 v f �. of mg m` N e x Yr g .: u, Air 0 04 Is Jr YRe4ia � �� a�iccv � � ,sl p� �W t!I 9 OL Q W G O.m @ O. =fs > � Ec�jsY � EEY Cl)c W x o `'go uj Y W C 9 3 L Ct �W�yy 'n NO U7U G M c, Q cn s :...: O rk r CITY OF HUNTINGTON BEACH RECEIVED Professional Service Approval Form SEP 25 2019 PART II Finance Department Date: 9/23/2019 Project Manager: Jane Cameron Requested by Name if different from Project Manager: 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 & II MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Wittman Enterprises, LLC 2) Contract Number: FIR 3) Amount of this contract: $1,080,000 Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2019/20 2020/21 2021/22 10065401.69365 $350,000 $360,000 $370,000 $ 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. Department Head Date �2"I/t' `2Fiscal Services Manager(Purchasing) Date78 Budget ag pproval Signature Date Vw Chief Financial Officer(or designee) Signature Dat wittman professional service approval form - part ii.doc City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk October 25, 2019 Wittman Enterprises, LLC Attn: Corrine Wittman-Wong, CEO 11093 Sun Center Drive Rancho Cordova, CA 95670 Dear Ms. Wittman: Enclosed is a fully executed copy of the "Professional Services Contract between the City of Huntington Beach and Wittman Enterprises, LLC for Billing Services for Emergency Paramedic and Ambulance Service" approved by the Huntington Beach City Council on October 21, 2019. Sincerely, ' ��444d� Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand