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HomeMy WebLinkAbout15-Fire Department CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION From: Michael J. Conrad, Fire Chief Subject: Resolution authorizing the execution of an agreement and issuance of an annual purchase order to Intermedix/Advanced Data Processing, Dept: Fire Inc. to provide billing services for first responder, paramedic, and membership program fees. Date: June 8, 2011 MC/C Meeting Date: June 20, 2011 ,ql / l l f 4� C IAI UUNIUHNII-AL Synopsis of Previous Council Action: 09/15/08 Resolution 2008-358 authorization to enter into an agreement with Advance Data Processing Inc. to provide EMS billing services for first responder,paramedic, and membership program fees. 07/07/08 Resolution 2008-275 amending the city's master fee schedule,resolution number 2008-149 adjusting the emergency medical services (EMS)user fees. 07/02/07 Resolution 2007-225 authorization to extend the agreement with Advance Data Processing Inc. to provide EMS billing services from July 1, 2007 through June 30, 2008. 05/15/06 Resolution 2006-147 Second reading of ordinance repealing Chapter 3.72 of the San Bernardino Municipal Code or resolution adopting revised EMS User Fee Program and authorizing execution of amendment to agreement with ADPI. 10/18/04 Resolution 2004-333 approving the billing service agreement with Advanced Data Processing West, Inc. for first responder,paramedic, and membership program fees. RECOMMENDATION: Adopt resolution. Signature Contact Person: Bernard Horak, EMS Coordinator Phone: (909) 384-5286 Supporting data attached: Staff Report Resolution, Agreement, and Proposal Ward: Citywide FUNDING REQUIREMENTS: Amount: $100,000 (Note: net revenues for program after reduciniz for this contract are estimated to be $300,000). Source: (Acct.No.) 001-200-5505-0000-0001 (Acct. Description) Other Professional Services Finance: Council Notes: ,I,SDD��' Agenda Item No. i Y t STAFF REPORT SUBJECT Resolution authorizing the execution of an agreement and issuance of an annual purchase order to Intermedix/Advanced Data Processing, Inc. to provide billing services for first responder, paramedic, and membership program fees. BACKGROUND The San Bernardino City Fire Department has provided Emergency Medical Services (EMS) at the Advanced Life Support (Paramedic) level to our residents and visitors since 1976. These services are over and above the tax-funded functions of the Fire Department. As such, the Fire Department bills for those first responder paramedic services in an attempt to cover the additional equipment, personnel, and training costs involved with providing timely,high quality paramedic service. Currently, the charge for these services is set at $200. We have a subscription program, which gives our residents the ability to pay a lower fee (currently $24) which covers themselves and their household members for paramedic services for the fiscal year. We have an exemption for low-income residents that qualify. Our fee structure is considerably less than other cities in the area that charge for EMS/Paramedic response; with some fees running at $300-350 for residents, $450 for non-residents, and $48 for an annual subscription. Since the initiation of the paramedic first responder program 30 years ago, the Fire Department has significantly increased its commitment and resources to provide our residents timely and high-quality EMS response. We have grown from three paramedic units in 1977, to all 12 of our engine companies operating at the paramedic level of service. Additionally, we have implemented a paramedic squad, and added paramedics to one of our truck(ladder) companies in order to improve our response times in areas of the city most heavily impacted by EMS calls. We are requesting that the contract for billing services be awarded to Intermedix/Advanced Data Processing, Inc. (ADPI). This company has provided billing services for our EMS services under the current contract since 2008 and has demonstrated a commitment to our City with continuous improvement in customer service. The bid proposal was published locally and sent to the Chamber of Commerce and seven EMS billing companies. Two responses were received, one from Intermedix/ADPI and one from an additional vendor. No responses were received from local vendors. Both bidders are qualified with excellent records of providing billing services for fire department first responder paramedic services. Intermedix/ADPI's cost proposal did not increase from the current contract and is an all-inclusive bid, reflecting their knowledge of the City and their confidence in meeting the contract specifications. The other bid was variable and included costs that would require further negotiation. Additionally, Intermedix/ADPI has worked closely with the City assisting us with the implementation of the electronic patient care report data collection program, resulting in increased collections of over 60%. Pursuant to the City's bidding process, it is recommended that Intermedix/ADPI be awarded the agreement under Request for Quote #F-11-15 for EMS billing services. Fire staff recommends that an annual purchase order be issued for two years with the option of renewing the contract annually for up to three years for EMS billing services. The term of the agreement is for two years, from July 1, 2011 through June 30, 2013, with automatic renewals for successive three single-year options unless either party gives the other party notice of cancellation. The agreement provides that either party may terminate this agreement by giving not less than thirty(30) days written notice to the other party of said intent to terminate. FISCAL IMPACT By awarding the bid to ADPI, we anticipate that we will continue to refine our process and ability to collect for our EMS/paramedic first responder program. Compensation to Intermedix/ADPI is a percentage not to exceed twenty-five percent (25%) of amounts collected on behalf of the Fire Department under the billing program. Therefore, it is estimated that approximately $100,000 of the annual gross revenue will be paid to Intermedix/ADPI for billing services. Net projected revenue (after subtracting anticipated contract costs of approx. $100,000 from gross projected revenue of$400,000) is $300,000. Funding for this contract cost is budgeted in the Fire Department's FY 2011-12 proposed budget, account for other professional services (no. 001-200-5505-0000-0001). Since the contractor is paid based on a percentage of revenues collected, should revenues exceed projections there will be a corresponding increase in contract costs. However, the increased revenue will more than offset any possible increases in contract costs. Account Number: 001-200-5505-0000-0001 Budgeted Amount: $157,000 Balance as of May 26, 2011: $157,000 Balance after approval of this item: $57,000 Please note this balance does not indicate available funding. It does not include non- encumbered reoccurring expenses or expenses incurred but not yet processed. RECOMMENDATION Adopt resolution. RESOLUTION NO. C (OPY 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER TO 3 INTERMEDIX/ADVANCED DATA PROCESSING, INC. TO PROVIDE BILLING SERVICES FOR FIRST RESPONDER, PARAMEDIC, AND MEMBERSHIP 4 PROGRAM FEES. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. Intermedix/Advanced Data Processing, Inc., is the best responsible 8 bidder to provide billing services for first responder, paramedic, and membership program 9 fees, in accordance with Bid Specification#F-11-15; 10 SECTION 2. The City Manager is hereby authorized and directed to execute on behalf 11 of City a Services Agreement with Intermedix/Advanced Data Processing, Inc., a copy of 12 which is attached hereto, marked Exhibit "A" and incorporated herein by reference as though 13 fully set forth at length; 14 SECTION 3. Said agreement will be for EMS billing collection services for the period 15 of July 1, 2011 through June 30, 2013, with three one-year renewal options; therefore, any 16 action taken between July 1, 2011 and the date that the agreement is executed is hereby 17 ratified. 18 19 SECTION 4. The Purchasing Manager is authorized to issue an annual purchase order 20 to Intermedix/Advanced Data Processing, Inc. The annual purchase order is for two years with 21 the option of three one-year extensions. All other bids are hereby rejected; 22 SECTION 5. The Intermedix/Advanced Data Processing, Inc. Annual Purchase Order 23 shall incorporate by reference this Resolution and Bid Specification #F-11-15 and shall be in 24 an amount equal to 25% of net revenue collected, as set forth in Exhibit"A." t SECTION 6. The authorization to execute the above referenced Agreement and 26 tY Annual Purchase Order is rescinded if the parties to the Agreement fail to execute it within 27 28 sixty (60) days of the passage of this Resolution. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 1 ISSUANCE OF AN ANNUAL PURCHASE ORDER TO INTERMEDIX/ADVANCED DATA PROCESSING, INC. TO PROVIDE BILLING SERVICES 2 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, held on 5 the day of , 2011, by the following vote,to wit: 6 7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 8 9 MARQUEZ 10 VACANT 11 12 BRINKER 13 SHORETT 14 KELLEY 15 JOHNSON 16 MCCAMMACK 17 18 Rachel G. Clark, City Clerk City of San Bernardino 19 20 The foregoing Resolution is hereby approved this day of , 2011. 21 22 23 Patrick J. Morris, Mayor City of San Bernardino 24 Approved as to form: 25 JAMES F. PENMAN, City Attorney 26 27 By. 28 2 r Exhibit A SERVICES AGREEMENT CITY OF SAN BERNARDINO INTERMEDIX-ADPI THIS AGREEMENT is entered into this 1 st day of July, 2011,between INTERMEDIX - Advanced Data Processing, Inc ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY)". WITNESSETH: A. WHEREAS, CITY has need for billing services for first responder, paramedic, and membership program fees and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR has provided the most advantageous and best responsible proposal for the providing of such services; NOW THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration set forth in Paragraph 2, below, CONTRACTOR shall furnish billing services for first responder, paramedic, and membership program fees in accordance with Proposal Specification#F-11-15, relevant portions of which are attached hereto and incorporated herein as Attachment 1. 2. COMPENSATION AND EXPENSES. a. CITY shall compensate CONTRACTOR for such services an amount equal to twenty-five percent (25%) of CONTRACTOR's net collections, in accordance with and more specifically set forth in Attachement 1 and CONTRACTOR's Cost Proposal, attached hereto and incorporated herein as Attachment 2. b. CONTRACTOR shall provide City of San Bernardino Fire Dept with a monthly invoice in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an invoice. c. No other expenditures made by CONTRACTOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The initial term of this Agreement shall be two (2) years from the date first shown above. This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended for three (3) additional one-year terms with the written consent of both parties. SB Fire/Intermedix-ADPI Agreement FYs 2011/12—2012/13 1 4. INDEMNITY. CONTRACTOR agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of CONTRACTOR, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, CONTRACTOR agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. CONTRACTOR hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives,with respect to third party claims against the CONTRACTOR relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, CONTRACTOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to any change in or termination of the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. CONTRACTOR shall perform work tasks provided by this Agreement, but for all intents and purposes CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for CONTRACTOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. SB Fire/Intermedix-ADPI Agreement FYs 2011/12—2012/13 2 I' 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. CONTRACTOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of CONTRACTOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service,postage prepaid and addressed as follows: TO THE CITY: TO THE CONTRACTOR: Fire Chief Michael J. Conrad and Intermedix Corporation (ADPI) EMS Coordinator Bernard Horak 6451 North Federal Highway, Suite 1002 City of San Bernardino Fire Department Fort Lauderdale,FL 33308 200 E. Third Street San Bernardino CA 92410 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. Attorneys' fees for the City Attorney and members of his office shall be calculated based on the market rate for comparable services. 11. ASSIGNMENT. CONTRACTOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the CONTRACTOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release CONTRACTOR of CONTRACTOR's obligation to perform all other obligations to be performed by CONTRACTOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. SB Fire/Intermedix-ADPI Agreement FYs 2011/12—2012/13 3 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement, including inconsistent provisions contained in Attachment 1. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. Date: Date: INTERMEDIX CORPORATION (ADPI) CITY OF SAN BERNARDINO By: By: Charles McNeely, City Manager Approved as to form: James F. Penman, City Attorney By: SB Fire/Intermedix-ADPI Agreement FYs 2011/12—2012/13 4 SERVICES AGREEMENT CITY OF SAN BERNARDINO INTERMEDIX-ADPI THIS AGREEMENT is entered into this 1st day of July, 2011,between INTERMEDIX - Advanced Data Processing, Inc ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY)". WITNESSETH: A. WHEREAS, CITY has need for billing services for first responder, paramedic, and membership program fees and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR has provided the most advantageous and best responsible proposal for the providing of such services; NOW THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration set forth in Paragraph 2, below, CONTRACTOR shall furnish billing services for first responder, paramedic, and membership program fees in accordance with Proposal Specification #F-11-15, relevant portions of which are attached hereto and incorporated herein as Attachment 1. 2. COMPENSATION AND EXPENSES. a. CITY shall compensate CONTRACTOR for such services an amount equal to twenty-five percent (25%) of CONTRACTOR's net collections, in accordance with and more specifically set forth in Attachement 1 and CONTRACTOR's Cost Proposal, attached hereto and incorporated herein as Attachment 2. b. CONTRACTOR shall provide City of San Bernardino Fire Dept with a monthly invoice in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an invoice. c. No other expenditures made by CONTRACTOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The initial term of this Agreement shall be two (2) years from the date first shown above. This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended for three (3) additional one-year terms with the written consent of both parties. SB Fire/Intermedix-ADPI Agreement FYs 2011/12—2012/13 1 4. INDEMNITY. CONTRACTOR agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of CONTRACTOR, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement,unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, CONTRACTOR agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. CONTRACTOR hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives,with respect to third party claims against the CONTRACTOR relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, CONTRACTOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to any change in or termination of the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. CONTRACTOR shall perform work tasks provided by this Agreement, but for all intents and purposes CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for CONTRACTOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. SB Fire/Intermedix-ADPI Agreement FYs 2011/12—2012/13 2 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. CONTRACTOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of CONTRACTOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: TO THE CONTRACTOR: Fire Chief Michael J. Conrad and Intermedix Corporation(ADPI) EMS Coordinator Bernard Horak 6451 North Federal Highway, Suite 1002 City of San Bernardino Fire Department Fort Lauderdale, FL 33308 200 E. Third Street San Bernardino CA 92410 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. Attorneys' fees for the City Attorney and members of his office shall be calculated based on the market rate for comparable services. 11. ASSIGNMENT. CONTRACTOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the CONTRACTOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release CONTRACTOR of CONTRACTOR's obligation to perform all other obligations to be performed by CONTRACTOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. SB Fire/Intermedix-ADPI Agreement FYs 2011/12—2012/13 3 i 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs,representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement, including inconsistent provisions contained in Attachment 1. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day I and date first above shown. Date: Date: INTERMEDIX CORPORATION (ADPI) CITY OF SAN BERNARDINO By: By: Charles McNeely, City Manager Approved as to form: James F. Penman, City Attorney By: SB Fire/Intermedix-ADPI Agreement FYs 2011/12—2012/13 4 4.ti_achmen.t 1 r tirt t�-i t-t i SAN BERNARDINO CITY FIRE DEPARTMENT jEMERGENCY MEDICAL SERVICES (EMS) BILLING SERVICES REQUEST FOR PROPOSAL RFP F-11-15 OVERVIEW AND BACKGROUND City of San Bernardino has a population of 210,000 and generates approximately 18,000 EMS calls annually. The City anticipates a growth rate of approximately two (2 %) percent per year of EMS calls for service. San Bernardino City Fire Department responds to these EMS calls, providing paramedic first-response, non-transport services. A flat fee charge of$200 is billed to the patient for all medical aid responses. The City does bill for non-transports where the patient is treated and released, at the same flat fee as indicated above. However we do not breakdown the cost or number of treat and release claims that were paid in any given year. "Low-income" residents (as determined by the City Finance Department) are exempted by City Council action from the EMS response fee. The City now allow billing of those patients 65 years and older. However, Medicare does not allow billing for EMS non-transport services, Major receiving hospitals are: St. Bernadine's Medical Center (CH'W); Community Hospital of San Bernardino (CH1W); Loma Linda University Medical Center; and Arrowhead Regional Medical Center (San Bernardino County Hospital.) The City Fire Department also offers a subscription membership program to City of San Bernardino residents. The program is designed to assist our city residents by providing them a. means of capping the cost of Fire Department Paramedic EMS response at a low and predictable amount. Subscribers are not billed for Fire Department EMS response. A subscription membership is sold to a household, covering family members that reside in that household. The City has an annual membership fee of$24.00. There are currently approximately 1000 families enrolled in our subscription program, and it is an annual membership, from July 151—June 30`h, based on the City of San Bernardino's Fiscal Year cycle. The Billing Service contractor notifies the members each year to renew their subscription. The Billing Service Contractor shall also conduct a mailing of the subscription brochure to city residents, annually in the spring of each year to notify residents of the availability and benefits of the subscription program. The billing process is initiated when the Fire Department paramedics provide Emergency Medical Care to include assessment and treatment. Patient information is collected on our EMS Patient Care Report (PCR) either on a paper form, or in an electronic data collection system. This information is reviewed for accuracy and completeness and foRuarded to the Billing Service contractor to generate the EMS response bill and collection. Our current overall collection rate is over 10% with a combination payer mix as listed below: Private Insurance- 13% Self/private pay- 87% 9 RFil F-I1-I5 EMS 13i111ne Customer disputes may be referred to the City Fire Department's EMS Coordinator for final resolution. i SCOPE OF WORK Provide Billing Services to the City of San Bernardino Fire Dept. for Emergency Medical Services (EMS) response, and subscription fees. Contract Transition: Explain how your firm would handle the transition from the existing contract to the new contract if your firm were the successful vendor. Specifically address how your firm would provide, in a timely manner, the contract deliverables listed, Scope of Contract Work. A smooth continuation of billing and collection services must be provided so that the City can deliver uninterrupted, efficient service to its citizens and can maintain its standard of revenue from accounts received. Preliminary Work Plan: Describe the phases into which the contract logically can be divided and performed. This narrative should provide an overview of the tasks for each part of the contract. List the equipment your firm would employ. State how much lead time, if any, your firm would need to adapt to this system once the contract is awarded. Explain what preparations would be undertaken during the lead time. Describe the maintenance support your automated system would have. Proposed Time-Table for Deliverables during the First Year: Provide a proposed timetable for all contract activities addressed in the Preliminary Work Plan which must occur from the date of contract award and throughout the first contract year. Customization of Services for the City of San Bernardino: Explain the factors your firm will consider in tailoring the billing and collection services to the needs of City employees and the City's EMS users. Note any modifications to your standard billing and collection services that will be undertaken to ensure that this contract is customized to the special requirements of the City of San Bernardino. Performance Methods: Address the following- Intake Procedures: Describe the procedures for importing, receiving and processing the Patient Care Report information from the Fire Department Private Insurance Accounts: Describe the procedures for billing private insurance companies. Detail the procedures for handling rejected claims. RF11 F-11-I5 ]:%Is 111 ling Self Pay Accounts: Describe the procedures for billing individual users, including how your firm would produce, print and send bills and notices. As an exhibit to this item, provide samples of correspondence, bills, notices and envelopes your firm would use. Describe the procedures for handling bills returned by the Postal Service as undeliverable, including what efforts will be taken to pursue those accounts. Insufficient Information and Uncollectible Accounts: Describe what actions your firm would take before declaring an account as having insufficient information or being uncollectible. Describe the procedures for obtaining supplemental billing information. Account Services: Describe all controls that would be established to insure an accurate accounting of ambulance fee payments or any other forms of payment, i.e. credit cards and/or internet. Note the location where payments would be mailed and/or delivered in person. Detail the procedure for accepting and processing payments both by mail and in person. In this section, describe all bookkeeping procedures to be used. Also describe all other records your firm must keep, such as files, books and documents. As an exhibit to this item, provide a sample of the monthly invoice to be sent to the Fire Department for services rendered. Customer Service: Describe the procedures and controls that your firm will use to respond to, and to resolve inquiries, complaints and requests for account information from users, insurance companies, lawyers and others. Describe where this function would be performed and by whom. Explain how your firm would keep the City informed of the number and types of complaints received. Describe the timeliness and methods for responding to City requests. Describe service to those customers of the City with particular emphasis on the following: • Ability to provide live telephone support via local and long-distance toll-free numbers • Days and hours that telephone support is available • Availability of a bilingual (English/Spanish) speaking staff • Policies and procedures on handling investigation of errors and discrepancies, patient information updates, and disclosure of policies regarding potential discounts, refunds, payments, etc. • Timeliness of posting of payments. distribution of statements and refunds, and patient notification as to account change of status or resolution of issues. Management Reports: Describe all information your firm would include on monthly management reports, and how it would be derived. Describe the quality controls you would use to ensure accuracy of reporting. Include discussion of preformatted standardized forms; flexible reporting capabilities {including ability for City to create new reports and/or modify existing standardized reports; and report modification and data retrieval. Demonstrated knowledge of and compliance with: it R17p 1'-I I-15 EMS[iillinL • Health Insurance Portability and Accountability Act (HIPAA) = Health Care Financing Administration (HCFA) Regulations • Reports showing clear audit trails in accordance with Generally Accepted Accounting Practices. COST PROPOSAL The vendor shall submit a proposal based on a percentage of monies collected. The cost proposal must contain data to support the proposed charges. The proposed charges must be stated for each of the following accounts` • Private Insurance • Self Pay Accounts • Paramedic Subscription Renewal • Miscellaneous Other Costs • Vendor shall identify and provide the costs for any additional charges that j may become billable to the City, which have not been identified above. Any increase or extra cost for billing services during the term of this contract will require i agreement from both parties. Once agreement has been reached, a new contract with the amendments will require final approval from City Council. Vendor shall provide the City with a monthly invoice in arrears for compensation. The City will provide payment to vendor within thirty (30) days of receipt of billing from vendor. The City will retain the right to challenge all or any part of an invoice. Vendor understands that if there is a substantial drop in collections, City is requiring a formal communication of the decline, the potential reason for the decline, and recommendations to correct the problem. INNOVATION i Substantial consideration will be given to a vendor that employs innovative methods for increasing revenue collection that reflect advances in technology or collection strategies. Vendor shall outline such strategies or technologies and provide examples of how their use improved revenue collection for specific agencies. ADDITIONAL INFORMATION r Information not specifically requested in the foregoing sections but which is considered essential to the proposal may be presented in this section. Some suggestions of additional information include, but are not limited to, copies of relevant media reprints and f promotional brochures of your firm. i 12 i RITF-II-Ii LNIS 1-111h1q, BILLING SERVICES The successful vendor shall provide billing services as outlined below: Data Collection: The vendor must be capable of interfacing with Healthware Solutions software. Additionally, the { vendor must be able to exchange data with the City's data collection server. The vendor shall be in compliance with all applicable HIPPA regulations and directives. If the City changes software as a result of the regional EMS Agency's mandate or funding, the billing vendor shall make accommodations to accept data from the new software. HIPPA: The vendor must be in compliance with all current applicable HIPPA regulations and directives. Collections: Vendor will prepare all invoices and follow-up mailings. Initial invoicing occurs within five (5) days of receipt of EMS PCR or data. A Toll Free 800 telephone number will be 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 no answer on the call, vendor will send an inquiry letter in addition to the initial invoice. The vendor shall prepare and mail invoices collected from the EMS response data on the following schedule: Initial Invoice Within 5 working days of receipt of PCR data Second Notice 30 days Past Due Notice 45 days Demand for Payment 75 days Collections Notice 90 days Workers' Compensation and Private Insurance: Vendor will bill private insurance, supplemental insurance, secondary insurance and Workers' Compensation billed according to specific requirements. Electronic billing of insurance companies is performed where appropriate. The successful bidder will perform any correspondence for additional information or follow up necessary to secure insurance payments. Follow-up Work: The vendor shall provide all follow-up work required to collect insurance payments, including additional correspondence and telephone calls. The vendor shall establish relationships with the local hospitals in order to obtain "face sheets" that will provide billing information and provide a higher collection rate. The vendor shall log all contact and follow-up work in the { patient's account ledger. EMS Paramedic Subscription Membership Program: The vendor shall be responsible for administering the Paramedic Subscription Membership Program. The vendor will solicit and maintain new membership subscriptions and bill subscribers for annual renewal. I? 1 RIT F-I)-I� ENIS 131161)e Delinquent Accounts: 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. The vendor will utilize installment billing in cases of financial hardship. Vendor must submit a monthly Summary Report of collection methods including, but not limited to: • A variety of bills and statements • Delinquent notices • Telephone follow-up calls • Additional correspondence with the patient • Correspondence with Third Party Payers • Any additional criteria necessary to deem accounts uncollectible The vendor shall note the type of contact. Such as telephone call, or correspondence with the patient or insurance carrier. The vendor shall note on the patient's record the date and information obtained from the contact person. Information such as "mail returned" or"phone disconnected", shall also be notated. The vendor shall indicate "Delinquent Notice" on their statements, and also include a statement that if there is no response that the overdue account will be referred to collections. On a monthly basis, the vendor shall provide an electronic and /or written documentation to the City indicating all delinquent accounts. The report will include the date of the EMS response, name of employer(if applicable), reason the account is uncollected, proof and dates of the vendors attempts to collect on the account, reason for non-collection and final resolution. Accounts over 90 days past due: Vendor will refer to the City all cash accounts that are over 90 days past due. The vendor will also provide the City an electronic and/or copy of all documentation of contact as specified above and a recommendation for collection or write-off. Upon approval and direction by the City, the vendor shall reference in the billing history; the date account is written-off and reference the collection agency assigned to account. The vendor will then return to the City the accounts to be assigned to an outside collection agency Receipt of Funds: The vendor will collect and log into departmental receipt all funds collected as a result of services provided by the City within two (2) days of receipt. These receipts will be logged by the vendor and delivered to the City by mail/courier. A detailed report will be issued to the city monthly showing all payments, refunds, adjustments, and balances. Reports & Reporting Requirements: Monthly, the successful bidder will perform accurate month end close procedures, which will result in the following reports: + Monthly Ticket Survey 14 R1:11 -I1-I5 LNIS 13111in, Monthly Sales Journal • Monthly Cash Receipts Journal = Monthly Receivables Aging • Management A/R Analysis Statistical Reports customized to client needs At startup, system must provide weekly, month-to-date and year-to-date accounts receivable reports. Month-to-date and year-to-date reports must show a full account of month or year's activities. These reports shall include: total transactions billed, total write- offs, total refunds, total payments received, and breakdown of payments by source. Accounts receivable reports must show all payments and adjustments per account. Vendor must provide monthly reports of aging accounts receivable and aging receipts. All reports must show clear audit trails and be in accordance with Generally Accepted Accounting Practices. CITY RESPONSIBILITIES Submit necessary EMS patient information, including pay source information, when available, to the vendor for billing purposes. = Notify the vendor of any accounts that require special attention. = Obtain signature of patient or responsible party/guardian when available. = Provide patient's Social Security Number when available. INDEMNIFICATION The vendor shall indemnify, defend and hold the City, its officers, employees, and agents harmless from any claim, demand, liability, suit,judgement, or expense (including, without limitation, reasonable costs of defense) arising out of or related to the vendor's performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by the City's willful misconduct or sole negligence. The costs, salary, and expenses of the City Attorney and members of his office in enforcing this agreement on behalf of the City shall be considered as "attorney's fees"for the purposes of this paragraph. INSURANCE While not restriction or limiting the foregoing, during the term of this agreement, the vendor shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of $1,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the City's Risk Manager prior to undertaking any work under this Agreement. The policies shall name the City as an additional insured and shall provide for ten (10) days notification to the City if said policies are terminated or materially altered. 1� RHI F-1 1-15 1.1.15 I.f ffinu INDEPENDENT CONTRACTOR The vendor shall perform work tasks as directed by the Fire Chief or designee, but for all intent and purposes, the vendor shall be an independent contractor and not an agent or employee of the City. ! NOTIFICATION OF TERMINATION In the event the City exercises the right to terminate the contract for dissatisfaction, the City will give the vendor five (5) days written notice of such termination. The City of San Bernardino and the Vendor each reserve the right to cancel, for any reason, all or any portion of the services covered by this agreement. To exercise this right, a thirty (30) day written notice must be given. CONTRACT COMPLIANCE Contractors must comply with the provisions of the Equal Employment Opportunity Program of the County of San Bernardino and rules and regulations adopted pursuant thereto. Executive Orders 11246, 11375, 11625, 121380, 12432, 121380, 12432, 12250, Title VII of the Civil Rights Act of 1964, the California Fair Employment Practice Act, and other applicable Federai State, and County laws, regulations, and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted. PARTICIPATION The City desires that Municipalities, School Districts, and other Tax Districts within the County of San Bernardino requiring paramedic billing services may at their option and through the City Purchasing Manager, avail themselves of the contract resulting from this proposal. Upon notice, in writing, the Vendor agrees to the extension of the terms of a resultant contract with such Governmental bodies as though they have been expressly identified in this proposal, with the proviso that: a. Such Government body does not have and will not have in force any other contract for like purchases; b. Such Government body does not have under consideration for award any other proposals or quotations for like purchases; c. Such Governmental body shall make purchases through the Contractor, and make payment directly to the Contractor. TERM OF AGREEMENT The agreement shall be for a period of two (2)years, beginning July 1, 2011 through June 30, 2013, with three (3)one-year renewal options based on satisfactory performance, at the City's 16 EMS BiNiag discretion and/or for City requirements. The City of San Bernardino Fiscal year begins July 1't and ends June 30th of each year. FORMAL AGREEMENT Vendor will be required to enter into a formal agreement with the City. This RFP sets forth some of the general provisions which will be included in the final Agreement. In submitting a response to this RFP. Contractor will be deemed to have agreed to each clause unless the proposal identifies an objection and City agrees to a change of language in writing. 1 i i i 17 4ttachmznt Z inter edix i r 1 Proposal for Emergency Medical Services Billing COST PROPOSAL March 17, 201- 1 - 3:40 p.m. Local Time RFP#: F-11-15 Submitted to The City of San Bernardino Finance Department City of Sati Betl udino Finance Depaament PU.l'Cl acing Diti%1S1()I1 300 N. "M Street, 4"' Floor San Bernardino, CA 92418 Cur..y.,ight x'7.0 2 by Intermedix AU!;;guts ReserVed l'dwvv.i;)Ie.ri -AxI-OX11 RFPN:F-11-15 EMERCENCi MEDICAL SERVICES BILLING Cost Proposed Our coat proposal is an "all inclusive" price for the Intermedix FMS billing, collection and subscription program services for First Responder Services provided by the City of San€ernardino's Fire Department. First Responder Billing, Collection and Subscription Services Fee- 75,nnO/of Npt rollections* 'Net Collections is defined as Total Cash Collections, Less Refunds The price bid herein shall include all expenses of billing and collection including, but not limited to, stationery,forms,envelopes,postage,and phone facilities. Credit card fees(gerneraliy 2.590 of amount charged)far processirng patient payment via credit card occotint are netted wiii poyawnt arnount if the City elects to accept credit card poym ents, it you should have any further questions concerning the contents of this proposal or any other issues we can help clarify, please do riot hesitate to contact Dennis Murry, Director of Business Development at 530-626-7013. Again, thank you, and we look forward to the opportunity to continue our relationship with the City, s:2Cllllntern,c•dix -------_ ____� RESOLUTION NO. 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER TO 3 INTERMEDIX/ADVANCED DATA PROCESSING, INC. TO PROVIDE BILLING SERVICES FOR FIRST RESPONDER, PARAMEDIC, AND MEMBERSHIP 4 PROGRAM FEES. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. Intermedix/Advanced Data Processing, c., is the best responsible 8 bidder to provide billing services for first responder, par a edic, and membership program 9 fees, in accordance with Bid Specification#F-11-15; 10 SECTION 2. The City Manager is hereby a orized and directed to execute on behalf 11 of City a Services Agreement with Intermedi Advanced Data Processing, Inc., a copy of 12 which is attached hereto, marked Exhibit and incorporated herein by reference as though 13 fully set forth at length; 14 SECTION 3. Said agreement ill be for EMS billing collection services for the period 15 of July 1, 2011 through June 30, 013, with three one-year renewal options; therefore, any 16 action taken between July 11 011 and the date that the agreement is executed is hereby 17 ratified. 18 19 SECTION 4. The urchasing Manager is authorized to issue an annual purchase order 20 to Intermedix/Advance Data Processing, -.r is for two years with 21 the option of three o -year extensions. A Q N AL. d; 22 SECTION . The Intermedix/Adv annual Purchase Order 23 shall incorporate y reference this Resolu -11-15 and shall be in 24 an amount equaA to 25% of net revenue collected, as set forth in Exhibit"A." 25 1/ SECTION 6. The authorization to execute the above referenced Agreement and 26 27 Annual Purchase Order is rescinded if the parties to the Agreement fail to execute it within 28 sixty(60) days of the passage of this Resolution. //// 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 1 ISSUANCE OF AN ANNUAL PURCHASE ORDER TO INTERMEDIX/ADVANCED DATA PROCESSING, INC. TO PROVIDE BILLING SERVICES 2 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, held on 5 the day of 2011,by the following vote,to wit: 6 7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 8 9 MARQUEZ 10 VACANT 11 BRINKER 12 13 SHORETT 14 KELLEY 15 JOHNSON 16 MCCAMMACK 17 18 Rachel G. Clark, City Clerk City of San Bernardino 19 20 The forego' g Resolution is hereby approved this day of , 2011. 21 22 Patrick J. Morris, Mayor City of San Bernardino 24 Approved ad to form: 25 7 JAMES F!PENMAN, City Attorney 26 27 By: 28 2 Exhibit A SERVICES AGREEMENT CITY OF SAN BERNARDINO INTERMEDIX-ADPI THIS AGREEMENT is entered into this 1 st day of July, 2011,between INTERMEDIX - Advanced Data Processing, Inc ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY)". WITNESSETH: A. WHEREAS, CITY has need for billing services for first responder, paramedic, and membership program fees and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR has provided the most advantageous and best responsible proposal for the providing of such services; NOW THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration set forth in Paragraph 2, below, CONTRACTOR shall furnish billing services for first responder, paramedic, and membership program fees in accordance with Proposal Specification#F-11-15, relevant portions of which are attached hereto and incorporated herein as Attachment 1. 2. COMPENSATION AND EXPENSES. a. CITY shall compensate CONTRACTOR for such services an amount equal to twenty-five percent (25%) of CONTRACTOR's net collections, in accordance with and more specifically set forth in Attachement 1 and CONTRACTOR's Cost Proposal, attached hereto and incorporated herein as Attachment 2. b. CONTRACTOR shall provide City of San Bernardino Fire Dept with a monthly invoice in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an invoice. c. No other expenditures made by CONTRACTOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The initial term of this Agreement shall be two (2) years from the date first shown above. This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended for three (3) additional one-year terms with the written consent of both parties. SB Fire/Intermedix-ADPI Agreement FYs 2011/12—2012/13 1 4. INDEMNITY. CONTRACTOR agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of CONTRACTOR, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, CONTRACTOR agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. CONTRACTOR hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives,with respect to third party claims against the CONTRACTOR relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, CONTRACTOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to any change in or termination of the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. CONTRACTOR shall perform work tasks provided by this Agreement, but for all intents and purposes CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for CONTRACTOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. SB Fire/Intermedix-ADPI Agreement FYs 2011/12—2012/13 2 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. CONTRACTOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of CONTRACTOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service,postage prepaid and addressed as follows: TO THE CITY: TO THE CONTRACTOR: Fire Chief Michael J. Conrad and Intermedix Corporation (ADPI) EMS Coordinator Bernard Horak 6451 North Federal Highway, Suite 1002 City of San Bernardino Fire Department Fort Lauderdale, FL 33308 200 E. Third Street San Bernardino CA 92410 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. Attorneys' fees for the City Attorney and members of his office shall be calculated based on the market rate for comparable services. 11. ASSIGNMENT. CONTRACTOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the CONTRACTOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release CONTRACTOR of CONTRACTOR's obligation to perform all other obligations to be performed by CONTRACTOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. SB Fire/Intermedix-ADPI Agreement FYs 2011/12—2012/13 3 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement, including inconsistent provisions contained in Attachment 1. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. Date: Date: INTERMEDIX CORPORATION (ADPI) CITY OF SAN BERNARDINO By: By: Charles McNeely, City Manager Approved as to form: James F. Penman, City Attorney By: SB Fire/Intermedix-ADPI Agreement FYs 2011/12—2012/13 4 SERVICES AGREEMENT CITY OF SAN BERNARDINO INTERMEDIX-ADPI THIS AGREEMENT is entered into this 1st day of July, 2011, between INTERMEDIX - Advanced Data Processing, Inc ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY)". i WITNESSETH: A. WHEREAS, CITY has need for billing services for first responder, paramedic, and membership program fees and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR has provided the most advantageous and best responsible proposal for the providing of such services; NOW THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration set forth in Paragraph 2, below, CONTRACTOR shall furnish billing services for first responder, paramedic, and membership program fees in accordance with Proposal Specification#F-11-15, relevant portions of which are attached hereto and incorporated herein as Attachment 1. 2. COMPENSATION AND EXPENSES. a. CITY shall compensate CONTRACTOR for such services an amount equal to twenty-five percent (25%) of CONTRACTOR's net collections, in accordance with and more specifically set forth in Attachement 1 and CONTRACTOR's Cost Proposal, attached hereto and incorporated herein as Attachment 2. b. CONTRACTOR shall provide City of San Bernardino Fire Dept with a monthly invoice in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an invoice. c. No other expenditures made by CONTRACTOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The initial term of this Agreement shall be two (2) years from the date first shown above. This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended for three (3) additional one-year terms with the written consent of both parties. SB Fire/Intermedix-ADPI Agreement FYs 2011/12—2012/13 1 i 4. INDEMNITY. CONTRACTOR agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of CONTRACTOR, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, CONTRACTOR agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. CONTRACTOR hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives,with respect to third party claims against the CONTRACTOR relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, CONTRACTOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to any change in or termination of the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. CONTRACTOR shall perform work tasks provided by this Agreement, but for all intents and purposes CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for CONTRACTOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. SB Fire/Intermedix-ADPI Agreement FYs 2011/12—2012/13 2 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. CONTRACTOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of CONTRACTOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: TO THE CONTRACTOR: Fire Chief Michael J. Conrad and Intermedix Corporation (ADPI) EMS Coordinator Bernard Horak 6451 North Federal Highway, Suite 1002 City of San Bernardino Fire Department Fort Lauderdale, FL 33308 200 E. Third Street San Bernardino CA 92410 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. Attorneys' fees for the City Attorney and members of his office shall be calculated based on the market rate for comparable services. 11. ASSIGNMENT. CONTRACTOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the CONTRACTOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release CONTRACTOR of CONTRACTOR's obligation to perform all other obligations to be performed by CONTRACTOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. SB Fire/Intermedix-ADPI Agreement FYs 2011/12—2012/13 3 i 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs,representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement, including inconsistent provisions contained in Attachment 1. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. Date: Date: INTERMEDIX CORPORATION (ADPI) CITY OF SAN BERNARDINO By: By: Charles McNeely, City Manager Approved as to form: James F. Penman, City Attorney By: SB Fire/Intermedix-ADPI Agreement FYs 2011/12—2012/13 4 i Rttachmea.t � RFP F-11-I5 EMS Billing I SAN BERNARDINO CITY FIRE DEPARTMENT t 1 EMERGENCY MEDICAL SERVICES (EMS) BILLING SERVICES REQUEST FOR PROPOSAL RFP F-11-15 OVERVIEW AND BACKGROUND City of San Bernardino has a population of 210,000 and generates approximately 18,000 EMS calls annually. The City anticipates a growth rate of approximately two (2 %) percent per year of EMS calls for service. San Bernardino City Fire Department responds to these EMS calls, providing paramedic first-response, non-transport services. A flat fee charge of$200 is billed to the patient for all medical aid responses. The City does bill for non-transports where the patient is treated and released, at the same flat fee as indicated above. However we do not breakdown the cost or number of treat and release claims that were paid in any given year. "Low-income" I residents (as determined by the City Finance Department) are exempted by City Council action from the EMS response fee. The City now allow billing of those patients 65 years and older. However, Medicare does not allow billing for EMS non-transport services. Major receiving hospitals are: St. Bernadine's Medical Center (CHW); Community Hospital of San Bernardino (CHW); Loma Linda University Medical Center; and Arrowhead Regional Medical Center(San Bernardino County Hospital.) The City Fire Department also offers a subscription membership program to City of San Bernardino residents. The program is designed to assist our city residents by providing them a means of capping the cost of Fire Department Paramedic EMS response at a low and predictable amount. Subscribers are not billed for Fire Department EMS response. A subscription membership is sold to a household, covering family members that reside in that household. The City has an annual membership fee of$24.00. There are currently approximately 1000 families enrolled in our subscription program, and it is an annual membership, from July 1"—June 30`x', based on the City of San Bernardino's Fiscal Year cycle. The Billing Service contractor notifies the members each year to renew their subscription. The Billing Service Contractor shall also conduct a mailing of the subscription brochure to city residents, annually in the spring of each year to notify residents of the availability and benefits of the subscription program. The billing process is initiated when the Fire Department paramedics provide Emergency Medical Care to include assessment and treatment. Patient information is collected on our EMS Patient Care Report (PCR) either on a paper form, or in an electronic data collection system. This information is reviewed for accuracy and completeness and forwarded to the Billing Service contractor to generate the EMS response bill and collection. Our current overall collection rate is over 10% with a combination payer mix as listed below: Private Insurance- 13% Self/private pay- 87% 9 jRFP F-I 1.15 EMS Billing j I Customer disputes may be referred to the City Fire Department's EMS Coordinator for final resolution. I SCOPE OF WORK I j Provide Billing Services to the City of San Bernardino Fire Dept. for Emergency Medical j Services (EMS) response, and subscription fees. i Contract Transition: Explain how your firm would handle the transition from the existing contract to the new contract if your firm were the successful vendor. Specifically address how your firm would provide, in a timely manner, the contract deliverables listed, Scope of Contract Work. A smooth continuation of billing and collection services must be provided so that the City can deliver uninterrupted, efficient service to its citizens and can maintain its standard of revenue from accounts received. Preliminary Work Plan: Describe the phases into which the contract logically can be divided and performed, This narrative should provide an overview of the tasks for each part of the contract. List the equipment your firm would employ. State how much lead time, if any, your firm would need to adapt to this system once the contract is awarded. Explain what preparations would be undertaken during the lead time. Describe the maintenance support your automated system would have. Proposed Time-Table for Deliverables during the First Year: Provide a proposed timetable for all contract activities addressed in the Preliminary Work Plan which must occur from the date of contract award and throughout the first contract year. Customization of Services for the City of San Bernardino: Explain the factors your firm will consider in tailoring the billing and collection services to the needs of City employees and the City's EMS users. Note any modifications to your standard billing and collection services that will be undertaken to ensure that this contract is customized to the special requirements of the City of San Bernardino. Performance Methods: Address the following- Intake Procedures: Describe the procedures for importing, receiving and processing the Patient Care Report information from the Fire Department Private Insurance Accounts: Describe the procedures for billing private insurance companies. Detail the procedures for handling rejected claims. t�� RFP F-11-15 EMS Billing Self Pay Accounts: Describe the procedures for billing individual users, including how your firm would produce, print and send bills and notices. As an exhibit to this item, provide samples of correspondence, bills, notices and envelopes your firm would use. Describe the procedures for handling bills returned by the Postal Service as undeliverable, including what efforts will be taken to pursue those accounts. Insufficient Information and Uncollectible Accounts: Describe what actions your firm would take before declaring an account as having insufficient information or being uncollectible. Describe the procedures for obtaining supplemental billing information. Account Services: Describe all controls that would be established to insure an accurate accounting of ambulance fee payments or any other forms of payment, i.e. credit cards andlor internet. Note the location where payments would be mailed and/or delivered in person. Detail the procedure for accepting and processing payments both by mail and in person. In this section, describe all bookkeeping procedures to be used. Also describe all other records your firm must keep, such as files, books and documents. As an exhibit to this item, provide a sample of the monthly invoice to be sent to the Fire Department for services rendered. Customer Service: Describe the procedures and controls that your firm will use to respond to, and to resolve inquiries, complaints and requests for account information from users, insurance companies, lawyers and others. Describe where this function would be performed and by whom. Explain how your firm would keep the City informed of the number and types of complaints received. Describe the timeliness and methods for responding to City requests. Describe service to those customers of the City with particular emphasis on the following: • Ability to provide live telephone support via local and long-distance toll-free numbers • Days and hours that telephone support is available • Availability of a bilingual (English/Spanish) speaking staff • Policies and procedures on handling investigation of errors and discrepancies, patient information updates, and disclosure of policies regarding potential discounts, refunds, payments, etc. • Timeliness of posting of payments, distribution of statements and refunds, and patient notification as to account change of status or resolution of issues. Management Reports: Describe all information your firm would include on monthly management reports, and how it would be derived. Describe the quality controls you would use to ensure accuracy of reporting. Include discussion of preformatted standardized forms; flexible reporting capabilities (including ability for City to create new reports and/or modify existing standardized reports; and report modification and data retrieval. Demonstrated knowledge of and compliance with: tl KFN F-i t-i s • Health Insurance Portability and Accountability Act(HIPAA) • Health Care Financing Administration (HCFA) Regulations • Reports showing clear audit trails in accordance with Generally Accepted Accounting Practices. COST PROPOSAL The vendor shall submit a proposal based on a percentage of monies collected. The cost proposal must contain data to support the proposed charges. The proposed charges must be stated for each of the following accounts: • Private Insurance • Self Pay Accounts • Paramedic Subscription Renewal j • Miscellaneous Other Costs • Vendor shall identify and provide the costs for any additional charges that may become billable to the City, which have not been identified above. Any increase or extra cost for billing services during the term of this contract will require agreement from both parties. Once agreement has been reached, a new contract with the amendments will require final approval from City Council. Vendor shall provide the City with a monthly invoice in arrears for compensation. The City will provide payment to vendor within thirty (30)days of receipt of billing from vendor. The City will retain the right to challenge all or any part of an invoice. Vendor understands that if there is a substantial drop in collections, City is requiring a formal communication of the decline, the potential reason for the decline, and recommendations to correct the problem. INNOVATION Substantial consideration will be given to a vendor that employs innovative methods for increasing revenue collection that reflect advances in technology or collection strategies. Vendor shall outline such strategies or technologies and provide examples of how their use improved revenue collection for specific agencies. ADDITIONAL INFORMATION Information not specifically requested in the foregoing sections but which is considered essential to the proposal may be presented in this section. Some suggestions of additional information include, but are not limited to, copies of relevant media reprints and promotional brochures of your firm.. 12 i RFP F-I 1-15 EMS Billing BILLING SERVICES The successful vendor shall provide billing services as outlined below: Data Collection: The vendor must be capable of interfacing with Healthware Solutions software. Additionally, the vendor must be able to exchange data with the City's data collection server. The vendor shall be in compliance with all applicable HIPPA regulations and directives. if the City changes software as a result of the regional EMS Agency's mandate or funding, the billing vendor shall make accommodations to accept data from the new software. HIPPA: The vendor must be in compliance with all current applicable HIPPA regulations and directives, I Collections: Vendor will prepare all invoices and follow-up mailings. Initial invoicing occurs within five (5) days of receipt of EMS PCR or data. A Toll Free 800 telephone number will be 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 no answer on the call, vendor will send an inquiry letter in addition to the initial invoice. The vendor shall prepare and mail invoices collected from the EMS response data on the following schedule: Initial Invoice Within 5 working days of receipt of PCR data Second Notice 30 days Past Due Notice 45 days Demand for Payment 75 days Collections Notice 90 days Workers' Compensation and Private Insurance: Vendor will bill private insurance, supplemental insurance, secondary insurance and Workers' Compensation billed according to specific requirements. Electronic billing of insurance companies is performed where appropriate. The successful bidder will perform any correspondence for additional information or follow up necessary to secure insurance payments. Follow-up Work: The vendor shall provide all follow-up work required to collect insurance payments, including additional correspondence and telephone calls. The vendor shall establish relationships with the local hospitals in order to obtain "face sheets" that will provide billing information and provide a higher collection rate. The vendor shall log all contact and follow-up work in the patient's account ledger. EMS Paramedic Subscription Membership Program: The vendor shall be responsible for administering the Paramedic Subscription Membership Program. The vendor will solicit and maintain new membership subscriptions and bill subscribers for annual renewal. t RFP F-11-I5 EMS Billing Delinquent Accounts: 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. The vendor will utilize installment billing in cases of financial hardship. Vendor must submit a monthly Summary Report of collection methods including, but not limited to: • A variety of bills and statements • Delinquent notices • Telephone follow-up calls • Additional correspondence with the patient • Correspondence with Third Party Payers • Any additional criteria necessary to deem accounts uncollectible The vendor shall note the type of contact. Such as telephone call, or correspondence with the patient or insurance carrier. The vendor shall note on the patient's record the date and information obtained from the contact person. Information such as "mail returned"or"phone disconnected", shall also be notated. The vendor shall indicate "Delinquent Notice" on their statements, and also include a statement that if there is no response that the overdue account will be referred to collections. On a monthly basis, the vendor shall provide an electronic and /or written documentation to the City indicating all delinquent accounts. The report will include the date of the FMS response, name of employer(if applicable), reason the account is uncollected, proof and dates of the vendors attempts to collect on the account, reason for non-collection and final resolution. Accounts over 90 days past due: Vendor will refer to the City all cash accounts that are over 90 days past due. The vendor will also provide the City an electronic and/or copy of all documentation of contact as specified above and a recommendation for collection or write-off. Upon approval and direction by the City, the vendor shall reference in the billing history; the date account is written-off and reference the collection agency assigned to account. The vendor will then return to the City the accounts to be assigned to an outside collection agency Receipt of Funds: The vendor will collect and log into departmental receipt all funds collected as a result of services provided by the City within two (2) days of receipt. These receipts will be logged by the vendor and delivered to the City by mail/courier. A detailed report will be issued to the city monthly showing all payments, refunds, adjustments, and balances. Reports & Reporting Requirements: Monthly, the successful bidder will perform accurate month end close procedures, which will result in the following reports: • Monthly Ticket Survey 14 RFP F-I 1-15 EMS Billing • Monthly Sales Journal • Monthly Cash Receipts Journal • Monthly Receivables Aging • Management A/R Analysis • Statistical Reports customized to client needs At startup, system must provide weekly, month-to-date and year-to-date accounts receivable reports. Month-to-date and year-to-date reports must show a full account of month or year's activities. These reports shall include: total transactions billed, total write- offs, total refunds, total payments received, and breakdown of payments by source. Accounts receivable reports must show all payments and adjustments per account. Vendor must provide monthly reports of aging accounts receivable and aging receipts. All reports must show clear audit trails and be in accordance with Generally Accepted Accounting Practices. CITY RESPONSIBILITIES • Submit necessary EMS patient information, including pay source information, when available, to the vendor for billing purposes. • Notify the vendor of any accounts that require special attention. • Obtain signature of patient or responsible party/guardian when available. • Provide patient's Social Security Number when available. INDEMNIFICATION The vendor shall indemnify, defend and hold the City, its officers, employees, and agents harmless from any claim, demand, liability, suit, judgement, or expense (including, without limitation, reasonable costs of defense) arising out of or related to the vendor's performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by the City's willful misconduct or sole negligence. The costs, salary, and expenses of the City Attorney and members of his office in enforcing this agreement on behalf of the City shall be considered as "attorney's fees"for the purposes of this paragraph. INSURANCE While not restriction or limiting the foregoing, during the term of this agreement, the vendor shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of$1,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the City's Risk Manager prior to undertaking any work under this Agreement. The policies shall name the City as an additional insured and shall provide for ten (10)days notification to the City if said policies are terminated or materially altered. 1� RFP F-11-15 EMS Billing INDEPENDENT CONTRACTOR The vendor shall perform work tasks as directed by the Fire Chief or designee, but for all intent and purposes, the vendor shall be an independent contractor and not an agent or employee of the City. NOTIFICATION OF TERMINATION In the event the City exercises the right to terminate the contract for dissatisfaction, the City will give the vendor five (5) days written notice of such termination. The City of San Bernardino and the Vendor each reserve the right to cancel, for any reason, all or any portion of the services covered by this agreement. To exercise this right, a thirty (30) day written notice must be given. CONTRACT COMPLIANCE Contractors must comply with the provisions of the Equal Employment Opportunity Program of the County of San Bernardino and rules and regulations adopted pursuant thereto. Executive Orders 11246, 11375, 11625, 121380, 12432, 121380, 12432, 12250, Title VII of the Civil Rights Act of 1964, the California Fair Employment Practice Act, and other applicable Federal State, and County laws, regulations, and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted. PARTICIPATION The City desires that Municipalities, School Districts, and other Tax Districts within the County of San Bernardino requiring paramedic billing services may at their option and through the City Purchasing Manager, avail themselves of the contract resulting from this proposal. Upon notice, in writing, the Vendor agrees to the extension of the terms of a resultant contract with such Governmental bodies as though they have been expressly identified in this proposal, with the proviso that: a. Such Government body does not have and will not have in force any other contract for like purchases; b. Such Government body does not have under consideration for award any other proposals or quotations for like purchases; c. Such Governmental body shall make purchases through the Contractor, and make payment directly to the Contractor. TERM OF AGREEMENT The agreement shall be for a period of two (2) years, beginning July 1, 2011 through June 30, 2013, with three (3)one-year renewal options based on satisfactory performance, at the City's 16 RFP F-11-1$ EMS[filling discretion and/or for City requirements. The City of San Bernardino Fiscal year begins July 1st and ends June 30th of each year. FORMAL AGREEMENT Vendor will be required to enter into a formal agreement with the City. This RFP sets forth some of the general provisions which will be included in the final Agreement. In submitting a response to this RFP. Contractor will be deemed to have agreed to each clause unless the proposal identifies an objection and City agrees to a change of language in writing. t t { 1 f 1 z 17 i Ai-tachment 2 intermedix • i r Proposal for Emergency Medical Services Billing COST PROPOSAL March 17, 2011 — 3:00 p.m. Local Time RFP#: F-11-15 Submitted to The City of San Bernardino Finance Department City of San Bernardino Finance Department Purchasing Division 300 N. "D" Street, 4`r' Floor San Bernardino, CA 92418 Copyright CO 2011 by fntermedix All Rights Reserved www.in termed ix.ront RFPii:F-11-15 EMERGENCY MEDICAL SERVICES BILLING Cost Proposal Our cost proposal is an "all-inclusive" price for the Intermedix FMS billing, collection and subscription program services for First Responder Services provided by the City of San Bernardino's Fire Department. First Responder Billing, Collection and Subscription Services feet 25 nnO/.of Net rnllections` "Net Collections is defined as Total Cash Collections, Less Refunds The price bid herein shall include all expenses of billing and collection including, but not limited to, stationery,fortes,envelopes, postage,and phone facilities. Credit card fees(generally 2.5%of amount charged)for processing patient payment via credit card account are netted with payment amount if the City elects to accept credit curd payments. If you should have any further questions concerning the contents of this proposal or any other issues we can help clarify, please do not hesitate to contact Dennis Murry, Director of Business Development at 530-626-7013. Again, thank you, and we look forward to the opportunity to continue our relationship with the City. 0 2011 Intermedix 2