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5 the current Project Area and considering the new regulatory context, WRA recommends that the EIR addendum re-evaluate potential impacts to WPT, focusing specifically on the suitability of McCoy Basin adjacent to the Project Area and upland habitat within the Project Area.
Based on WRA’s analysis, McCoy Basin is unlikely to support WPT due to its high alkalinity, absence of vegetative cover, and lack of suitable habitat features (e.g., algal mats and basking sites). Additionally, upland habitat within the Project Area does not provide dry, friable soils suitable for nesting adjacent to McCoy Basin. WRA biologists have conducted numerous site visits along McCoy Basin and throughout the Project Area during year-round survey efforts for burrowing owl (Athene cunicularia) and have not detected any WPT individuals along the bank, in adjacent drainage features, or within upland habitat. Given that McCoy Basin is unlikely to support this species and upland habitat within the Project Area is unsuitable for nesting, it’s unlikely that individuals would be present in the Project Area, even for dispersal. As such, no impacts to WPT are anticipated as a result of the proposed Project and the inclusion of MM- BIO-1j is not recommended.
CROTCH BUMBLE BEE
Crotch bumble bee (CBB; Bombus crotchii) was reinstated as a state candidate species on September 30, 2022, and is thus afforded protections under the California Endangered Species Act (CESA). As such, impacts to this species will need to be evaluated under CEQA. Impacts to CBB were not evaluated at the time the PDEIR was published in 2014.
Crotch bumble bee occurs in grassland and scrub habitats, and has also been documented in agricultural areas. Like other bumble bee species, CBB is a social species with an annual life cycle. Queens emerge from hibernation in the late winter/early spring to establish a new colony.
The colony produces workers throughout the spring and summer, and reproductives (i.e. drones and queens) in the early fall. Nests are built in pre-existing cavities. They are commonly found underground, in abandoned rodent burrows, or aboveground in grass tufts, rock piles, abandoned bird nests, or tree cavities. CBB feeds on pollen and nectar during all life stages; preferred host species include (but are not limited to) milkweeds (Asclepias spp.), chaenactis (Chaenactis spp.), clarkias (Clarkia spp.), larkspurs (Delphinium spp.), buckwheats (Eriogonum spp.), lupines (Lupinus spp.), medicks (Medicago spp.), bladderpod (Peritoma arborea), phacelias (Phacelia spp.), poppies (Eschscholzia spp.), and sages (Salvia spp.). Queens overwinter in hibernacula; little is known about habitat requirements for hibernacula; bare ground, leaf litter and/or duff, and pre-existing cavities may provide overwintering habitat.
The Project Area is within the current known range of CBB and the nearest documented CNDDB occurrence is approximately 4 miles north of the Project Site. While pre-existing mammal burrows are present along the northeastern boundary of the Project Area, all burrows observed by WRA biologists exhibited fresh sign of ground squirrel occupancy (i.e., droppings, fruit pieces) during burrowing owl surveys in 2023. Additionally, grassland habitat within the Project Area is regularly grazed by cattle and lacks host plants that are known to provide pollen and nectar sources for this species. As such, it in unlikely that the Project Area supports suitable habitat for CBB. No additional avoidance measures for CBB are recommended.
MOUNTAIN LION
Mountain Lion (Puma concolor) was listed as a state candidate species in April 2020, which granted protection under CESA to populations within a proposed evolutionarily significant unit
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6 (ESU) located in Southern California and the central coast of California. While impacts to mountain lions were not evaluated in the 2014 PDEIR, the Project Area is outside of the current designated ESU range. As such, no additional considerations for mountain lions are required at this time.
BURROWING OWL
On October 15, 2024, burrowing owl was listed as a state candidate species by the California Fish and Game Commission. During the listing review process, burrowing owl will be temporarily afforded the same protections as state-listed species throughout the entirety of California. As such, any projects with potential to result in “take” will need to obtain an Incidental Take Permit (ITP) from CDFW. Under CESA, the term “take” is defined as any effort or attempt to hunt, pursue, catch, capture, or kill an individual. It is assumed that passive relocation (i.e. burrow exclusion) efforts will no longer be allowed without an ITP and CDFW-approval.
Impacts to burrowing owl were evaluated at the time the PDEIR was published in 2014. The mitigation measure for burrowing owl (MM-BIO-1f) requires the following: protocol-level wintering and nesting season surveys to be conducted prior to construction; a pre-construction burrowing owl survey will be performed ahead of ground-disturbance within the Project Area; and, if owls are detected, appropriate measures from the 2012 Staff Report on Burrowing Owl Mitigation (CDFG 2012) will be implemented.
Given the new candidate listing, if any burrowing owls are detected during future survey efforts, the Project may be required to obtain an ITP from CDFW to avoid take liability, and a Burrowing Owl Mitigation Plan may be necessary, in accordance with applicable regulations at the time of project construction. If burrowing owl is no longer a candidate or listed species under CESA at the time of project construction, an ITP will not be required for this species but avoidance measures shall be implemented accordingly.
1.2.2 Aquatic Resources
On August 29, 2023, the EPA and the Corps issued a final rule amending the 2023 definition of “Waters of the US” to conform with the recent Supreme Court decision in Sackett v. EPA. The Conforming Rule limits Federal jurisdiction of wetlands to only those that are adjacent to (touching) relatively permanent, standing or continuously flowing bodies of water. Wetlands isolated from these bodies of water do not meet the Federal definition of wetlands and do not require a Federal Corps permit to fill.
Previously identified Corps-jurisdictional wetlands and non-wetland waters within or immediately adjacent to the Project Area may still be considered Corps-jurisdictional if a hydrological surface connection is present to McCoy Basin or connected drainages. If no surface connection exists, then the aquatic features may still be jurisdictional per the Regional Water Quality Control Board (RWQCB).
The Project has been designed to avoid impacts to potentially jurisdictional features. Given that the most substantive wetland study was conducted in 2007 with subsequent ground truthing confirmation as recent as 2020, a full wetland delineation may be recommended to ensure that no Project impacts to jurisdictional features occur.
WRA, Inc. | 2169 G East Francisco Blvd., San Rafael, CA 94901 www.wra-ca.com · ph: 415.454.8868
7 1.3 Summary and Recommendations
In summary, additional surveys for BUOW, SWHA, and nesting birds will be required prior to the initiation of the Project. The Project will need to permanently preserve suitable habitat or purchase credits at an approved off-site mitigation bank for impacts to general raptor foraging habitat, per MM-BIO-1h. In addition, SWHA foraging habitat mitigation is required prior to the start of the Project given that recently active nests are documented within 5 miles of the site.
Since the PDEIR was published, the regulatory status has changed for the following species:
western pond turtle, Crotch bumblebee, burrowing owl, and mountain lion. No potentially significant impacts to CBB or mountain lion are anticipated as a result of the Project. Therefore, no additional measures for these species are deemed necessary. A measure for WPT was included in the original PDEIR but is not recommended in the EIR Addendum given that it may not be implementable in the future and is deemed unnecessary given the location of the Project Area. Implementation of the mitigation measures for burrowing owl from the PDEIR will avoid potentially significant impacts. However, if burrowing owls are observed onsite during future surveys, an ITP from CDFW may be required to avoid take lability, and a Burrowing Owl Mitigation Plan may be necessary, in accordance with applicable regulations at the time of project construction. If burrowing owl is no longer a candidate or listed species under CESA at the time of project construction, an ITP will not be required for this species but avoidance measures shall be implemented accordingly.
Lastly, an updated full wetland delineation in the vicinity of the Project is recommended to confirm jurisdictional feature distribution and subsequent Project impact avoidance.
Please contact me with any questions.
Sincerely,
Leslie Lazarotti
WRA, Inc.
Cc: Tommy Dryer
WRA, Inc.
WRA, Inc. | 2169 G East Francisco Blvd., San Rafael, CA 94901 www.wra-ca.com · ph: 415.454.8868
Agenda Item No: L.1
AGENDA REPORT
DATE: September 16, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Discussion and Direction Regarding Rental Housing Safety Program
Discussion and Direction Regarding Rental Housing Safety Program
Funding Source: N/A
Contact: Jeremy Profitt, (707) 428-7709
RECOMMENDED ACTION
Receive report, open discussion, and provide direction to staff.
STATEMENT OF ISSUE
The City Council requested a follow-up discussion on the potential development of a new Rental Housing Safety Program and is asked to provide direction to staff on whether to move forward with program.
DISCUSSION
The council requested a follow-up discussion item be placed on the agenda for council to discuss the possibility of a new Rental Housing Safety Program. Staff is seeking direction on whether to move forward with the program and implementation.
FINANCIAL IMPACT
The financial impact will depend on the scope of the program. Cost will include staffing, program administration, outreach, inspection services and first year start-up cost. Potential funding options include General funding allocations, cost recovery through rental housing safety program registration and inspection fees.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
N/A/
COORDINATED WITH
Community Development and Economic Department
STAFF CONTACT
Jeremy Profitt, Police Support Manager
(707) 428-7709
[email protected]
ATTACHMENTS
N/A
Agenda Item No: L.2
AGENDA REPORT
DATE: September 16, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2025-191 CM Revised Joint Exercise of Powers Agreement for Emergency Ambulance Services
Authorizing the City Manager to Sign a Revised Joint Exercise of Powers Agreement for the Provision and Management of Emergency Ambulance Services
Funding Source: N/A
Contact: David Gassaway, (707) 428-7400
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
In March 2022, the Cities of Vallejo, Rio Vista, Benicia, Dixon, Suisun City and Fairfield hired AP - Triton to conduct a comprehensive ambulance transportation study in Solano County. Upon the findings of the report, the cities pursued a Joint Exercise of Powers Agreement (JEPA) for the provision of Emergency Ambulance Services. The JEPA was not executed by all of the parties and further negotiations have taken place. A revised JEPA has been negotiated for consideration by the parties.
DISCUSSION
Background
In March 2022, the Cities of Vallejo, Rio Vista, Benicia, Dixon, Suisun City, and Fairfield hired AP Triton to conduct a comprehensive Emergency Ambulance Services Transportation & Optimization Study in Solano County. AP Triton is the leading industry exper t in this field. AP Triton released its findings and recommendations to the cities in November of 2022.
AP Triton recommended exploring an ambulance subcontracting model, which could maintain the existing high level of service and improve sustainability f or ambulance services in the areas being served. The recommended model is referred to as an alliance model, or a public/private provider model, where a managing lead public agency subcontracts with an ambulance service provider to provide ambulance transportation services. The primary benefit to this model is that it allows access to the Public Provider Ground Emergency Medical Transport (PP-GEMT) Program.
PP-GEMT provides an add-on-increase to the fee-for-service for Medi-Cal plans. This is a significant revenue stream available through the State of California that private ambulance providers are not eligible to participate in. The additional revenue, estimated at more than $5 million annually, may fund additional 911 system services to enhance emergency medical service delivery across Solano County.
The intent of negotiations for the alliance model was to include all cities, except for Vacaville (Vacaville manages their own ambulance service area along with the Vacaville Fire Protection District), as well as the Dixon Fire Protection District, East Vallejo Fire District, Montezuma Fire Protection District, and Suisun Fire Protection District on request from the County of Solano. The structure is formalized through a Joint Exercise of Powers Agreement for Emergency Ambulance Services (JEPA) and referred to as “Solano County Fire and EMS” or “SCFE .”
The effort was established to respond to a Request for Proposals (RFP) for Countywide Emergency Ambulance Services for the Exclusive Operation Area within Solano County. The RFP, and oversight of countywide ambulance services, is administered by the Solano Emergency Medical Services Cooperative (SEMSC), a Joint Powers Authority established in 1996, as the recognized emergency medical services agency under Health and Safety Code 1797.50.
In December 2023, City Council authorized a JEPA under Resolution 2023-292. The JEPA specifies various terms of the agreement, including:
Establishes Fairfield as the lead agency responsible for administering SCFE Creation of an Executive Committee consisting of the city managers of the participating jurisdictions to provide financial, operational, and service coordination amongst the participants
Creation of a Technical Advisory Committee comprised of Fire Chiefs of the participat ing jurisdictions to advise on operational requirements
Management responsibilities for the City of Fairfield as SCFE administrator and responsible party under contract with SEMSC
Provisions for withdrawal, termination, and dissolution of SCFE, as well as limitations of liability and legal authority provided under the JEPA
Fairfield, as lead agency, is also responsible for maintaining a subcontract with an ambulance transportation service provider. On December 16, 2024, the council adopted Resolution 2024- 296 approving a Tentative Agreement with Medic Ambulance Services, Inc. to provide medical transport subcontract services.
Current Status
In July 2025, SEMSC released a competitive RFP process to select the next countywide emergency ambulance services provider. Responses to the RFP are due October 10, 2025. Fairfield is currently preparing a response to the SEMSC RFP, and if selected, is responsible for maintaining service in compliance with requirements of the SEMSC Exclusive Operation Area.
Since adoption of the initial JEPA, both the City of Vallejo and the East Vallejo Fire Protection District, represented by the County of Solano (referred to hereon as East Vallejo), are the only agencies to have not ratified the JEPA. They have sought amendments to provisions with which they do not agree.
Through additional negotiations, Vallejo and East Vallejo have requested changes to the management structure of the agreement, the process for identifying expenditure of funds collected by SCFE, administration fees for the City of Fairfield, and other terms generally related to management of the contract with SEMSC. Fairfield has engaged with both agencies to seek terms acceptable to all parties. Vallejo has requested to be included in the current draft form of the JEPA. Unfortunately, East Vallejo has not requested inclusion as of the drafting of this report.
To proceed with the JEPA in a timely manner, and to be responsive to the SEMSC RFP, staff find some amendments to the JEPA acceptable.
The proposed amended JEPA is agreed upon by the cities of Benicia, Dixon, Fairfield, Rio Vista, Suisun City, and Vallejo. The currently proposed version of the JEPA removes all of the Fire Protection Districts (exclusive of Cordelia District which contracts with the City of Fairfield for services), which are now all represented by the County of Solano (the County of Solano has sought to consolidate all Fire Protection Districts for purposes of gaining efficiencies of operation and financing of fire protection in unincorporated areas of the county – a process which is underway with Solano LAFCO). However, discussions with the Fire Districts regarding participation in the JEPA are ongoing.
Staff recommend adopting the version of the JEPA attached to this report. It provides Fairfield with sufficient funding to manage the SCFE on an annual basis, provides for the ability for Fairfield to recoup all costs of responding to the SEMSC RFP, and ensures a structure that benefits all participating agencies. One new provision is a severability clause for parties that do not ratify the JEPA. If any party to the JEPA fails to ratify the JEPA within 60 days of an award of the SEMSC contract for countywide services, then the remaining parties to the JEPA may proceed under the terms of the JEPA.
FINANCIAL IMPACT
The public/private provider model allows access to the Public Provider Ground Emergency Medical Transport (PP-GEMT) Program. The PP-GEMT provides an add-on-increase to the fee- for-service for Medi-Cal plans. This is a significant revenue stream, estimated in excess of $5 million annually, that private ambulance providers do not have access to. This additional revenue will be used to ensure 911 system sustainability and generate more revenue to enhance EMS delivery to the citizens of Fairfield and the rest of Solano County. This will also ensure that the
City of Fairfield will continue to receive the $1.4 million to provide paramedic services that the city is receiving through the current Public Provider Partnership (PPP) agreement with Medic Ambulance.
Provisions of the JEPA require Fairfield to hold in a six-month operating reserve. The operating reserve is intended as a stop-gap reserve should there be any reduction in revenue to the system.
It will also serve to cover costs during any future transitions away from SCFE should the contract be lost in the future. The operating reserve will be funded from revenues beyond expenditure.
To receive PPGEMT funds, SCFE must front-load costs and seek reimbursement from the State of California. This creates a deficit of operating revenue at startup. The City of Fairfield, as the JEPA administrator, may be required to lend SCFE monies. The JEPA provides a provision that allows Fairfield to recoup any startup costs. If Fairfield is successful in obtaining the SEMSC contract, any need to loan money to SCFE will be presented to Council at the time of contract approval. Staff, with assistance from AP-Triton and Medic Ambulance, has developed a conservative financial model to anticipate future revenue. The model anticipates the City of Fairfield recouping any startup costs within 12 to 14 months of operations.
Finally, all costs to pay Medic Ambulance for their fee as the subcontracted emergency ambulance transportation service provider will be paid from proceeds of SCFE operations. A final contract, including costs of service for Medic Ambulance, will require City Council approval prior to commencement of service. The costs associated with Medic Ambulance are withheld from this and other staff reports since the current SEMSC RFP process is open and competitive. Disclosing any specific financial information at this time could imperil Fairfield and SCFE from submitting a competitive bid against any prospective private party competitors.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The prior JEPA, Medic Ambulance contract, and AP -Triton contract have previously been approved by City Council. Stakeholders were also involved in the Emergency Ambulance Services Transportation & Optimization Study conducted by AP-Triton.
ALTERNATIVE ACTION
The council may choose not to authorize the city manager to sign the JEPA. However, doing so at this time would invalidate prior efforts and costs of pursuing the JEPA. Additionally, it may risk the City’s opportunity to maintain funds currently provided through the Public Provider Partnership currently received from Medica Ambulance, the current private Countywide service provider.
COORDINATED WITH
Fire Department, City Attorney’s Office, and Finance Department
STAFF CONTACT
David Gassaway, City Manager
(707) 428-7400
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed JEPA Clean Version
Attachment 4: Proposed JEPA Redline Version
CITY OF FAIRFIELD
RESOLUTION NO. 2025-191
AUTHORIZING THE CITY MANAGER TO SIGN A REVISED JOINT EXERCISE OF POWERS
AGREEMENT FOR THE PROVISION AND MANAGEMENT OF EMERGENCY AMBULANCE
SERVICES
WHEREAS, in March 2022, the Cities of Vallejo, Rio Vista, Benicia, Dixon, Suisun City, and Fairfield hired AP Triton to conduct a comprehensive ambulance transportation study in Solano County ; and
WHEREAS, AP Triton recommended exploring an ambulance subcontracting model, which could maintain a high level of service and improve sustainability for the ambulance provider and the areas being served; and
WHEREAS, the City Council of the City of Fairfield adopted Resolution 2023-292 in December 2023 approving a prior version of a Joint Exercise of Powers Agreement for the provision and management of Emergency Ambulance Services (JEPA) which is herein referred to as Solano County Fire & EMS, or SCFE; and
WHEREAS, the various Fire Protection Districts, represented by the Solano County Board of Supervisors, have chosen to not approve the JEPA and instead sought additional modifications to the agreement, some of which the City of Fairfield finds not in the best interest of Fairfield as the managing agency of SCFE under the JEPA; and
WHEREAS, in July 2025, the Solano Emergency Medical Services Cooperative (SEMSC), a Joint Powers Authority established in 1996, as the recognized emergency medical services agency under Health and Safety Code 1797.50, released a competitive Request for Proposals (RFP) to select the next contractor to provide countywide emergency medical services; and
WHEREAS, proposals for the RFP are due October 10, 2025, thereby necessitating the finalization and approval of a revised JEPA by parties interested in participating in the agreement to provide services through a public/private partnership and gain eligibility to access funding from the State of California Public Provider Ground Emergency Medical Transport (PP-GEMT) Program; and
WHEREAS, the cities of Benicia, Dixon, Fairfield, Rio Vista, Suisun City, and Vallejo have agreed in principal to the terms of a revised JEPA, attached hereto as Exhibit A, and incorporated by reference, whereby the parties desire to maximize use of existing resources, create cost saving opportunities, reduce duplication of services, and provide emergency medical and other associated services at a high level for the communities they serve by contracting with the SEMSC to provide emergency ambulance services through a written subcontract with a private ambulance service provider; and
RES. NO. 2025-191
WHEREAS, the City Council of the City of Fairfield adopted Resolution 2024 -296 in December 2024 approving a Tentative Agreement with Medic Ambulance Services, Inc. to provide subcontracted medical transport services on behalf of SCFE; and
WHEREAS, approval of the JEPA by this Resolution establishes the City of Fairfield as SCFE Manager, responsible for the management, administration, and oversight of day -to-day operations of SCFE and all services, programs, and contracts required under the JEPA; and
WHEREAS, if awarded a contract by the SEMSC, additional actions will require the council authorization, including, but not limited to, a contract with SEMSC, a formal contract with Medic Ambulance Services, Inc. with terms for the provision of services in compliance with the SEMSC contract requirements, a loan to SCFE for startup costs, and any other actions requiring formal council action.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The council hereby authorizes the city manager to execute the Joint Exercise of Powers Agreement for the provision and management of Emergency Ambulance Services.
Section 2. The council hereby authorizes the city manager to do all things necessary and proper to implement this resolution.
PASSED AND ADOPTED this 16th day of September 2025, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
4925-4083-9254.1 013398.020 Page 1 of 15
JOINT EXERCISE OF POWERS AGREEMENT FOR THE PROVISION AND
MANAGEMENT OF EMERGENCY AMBULANCE SERVICES
This Joint Exercise of Powers Agreement (“Agreement”), is entered by and among the City of Fairfield, the City of Vallejo, the City of Benicia, the City of Dixon, the City of Rio Vista, and the City of Suisun City (the “City Parties”), (individually a “Party,” and collectively, the “Parties”).
WITNESSETH:
WHEREAS, pursuant to the Joint Exercise of Powers Act, Title 1, Division 7, Chapter 5 of the California Government Code, two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and
WHEREAS, each of the Parties is a “public agency” as that term is defined in Section 6500 of the California Government Code; and
WHEREAS, pursuant to Sections 54980-54983 of the California Government Code, each of the Parties is empowered to enter agreements with the other Parties for the performance of firefighting and ambulance services and functions within each of the Parties’ territories; and
WHEREAS, pursuant to Section 38794 of the California Government Code, each of the City Parties is empowered to contract for ambulance services to serve their residents as convenience requires; and
WHEREAS, pursuant to the Revenue Bond Law of 1941, Title 5, Division 2, Part 1, Chapter 6 of the California Government Code, each of the Parties is empowered to acquire, construct, improve, lease, operate, maintain, repair, staff, or manage, as an enterprise, all parts of, and appurtenances to, an ambulance service; and
WHEREAS, pursuant to Sections 14105.94, 14105.945, 14129, and 14129.3 of the California Welfare and Institutions Code and the State Plan Amendment 22-015 to the State of California’s Medicaid State Plan Under Title XIX of the Social Security Act Amendments of 1965 (Public Law 89-97), as may be amended from time to time, each of the Parties is eligible to participate in the Public Provider Ground Emergency Medical Transport Intergovernmental Transfer (“PP-GEMT IGT”) Program and receive increased reimbursements for the provision of ground emergency medical transport services to Medi-Cal beneficiaries; and
WHEREAS, pursuant to Sections 1797.230 and 1797.231 of the California Health and Safety Code, each of the Parties is empowered to contract with a county to provide emergency ambulance services, in whole or in part, through a written subcontract with a private ambulance service, provided that such written subcontract is awarded pursuant to a competitive bidding process consistent; and
WHEREAS, the Parties desire to maximize use of the existing resources, create cost saving opportunities, reduce duplication, and provide medical and other emergency services at a high
4925-4083-9254.1 013398.020 Page 2 of 15
level of service for the communities they serve by contracting with the County of Solano (“County”) to provide emergency ambulance services, in whole or in part, through a written subcontract with a private ambulance service; and
WHEREAS, the Parties desire to accomplish the aforesaid purpose by jointly exercising their common powers in the manner set forth in this Agreement.
NOW, THEREFORE, the Parties, for, and in consideration of the mutual benefits, promises, and agreements set forth herein, AGREE as Follows:
I. Purpose.
A. The purpose of this Agreement is for the Parties to jointly exercise their common powers to provide, contract for, manage, equip, maintain, and operate ambulance services and EMS as contractors of County utilizing a private ambulance service and fire agency subcontractors. Such purpose shall be accomplished, and common powers exercised, in the manner set forth in this Agreement.
B. The Parties may use the designation “Solano County Fire & EMS” or “SCFE” to identify the provision of the services provided under this Agreement. The use of such designation shall not be deemed to create a separate legal entity or to change the liability or the contractual obligations of the Parties under this or any other agreements.
C. All pre-existing obligations, rights, and privileges of the Parties shall continue hereunder, subject to the terms and conditions of this Agreement.
II. Administration.
A. The duties set forth in this Section II of the Agreement shall be conducted by an administrative entity to be known as the “Executive Committee.”
1. The members of Executive Committee shall consist of:
i. The City Managers of each of the six (6) City Parties; ii.
iii.
2. The Executive Committee shall be advised by a Technical Advisory Committee on service delivery, recommend changes to the SCFE operation, and recommend allocation of capital reserve funds for the reinvestment of SCFE net revenues, which shall consist of:
i. The Fire Chiefs of each of the Parties;
ii. A representative from County’s local EMS agency; and
4925-4083-9254.1 013398.020 Page 3 of 15
iii. A representative from SCFE’s private ambulance service subcontractor.
3. The Executive Committee shall meet at least once (1) per quarter in a publicly noticed meeting accessible to the general public, and may meet as needed more often.
4. A simple majority of the Executive Committee shall constitute a quorum.
5. Actions related to SCFE services, exclusive of any financial matters, shall require a majority vote. In the event of a tie vote by the Executive Committee, the City of Fairfield City Manager, as the representative of SCFE Manager (as that term is defined in section III.A., below), shall resolve the deadlock by casting an additional determinative vote.
6. Actions related to SCFE financial matters, including but not limited to budgeting and disposition of net revenues, including eligible expenditures of the capital reserve funds as defined in Section III.I.4, and recommendations to the Parties regarding amendments to this Agreement, shall require a two-thirds vote of the Executive Committee.
7. The Parties acknowledge and agree that the Executive Committee is not a “legislative body,” a separate legal entity, or a joint powers agency or authority, partnership, joint venture, or joint enterprise of any kind.
B. The Executive Committee and Technical Advisory Committee shall advise and consult SCFE Manager (as that term is defined in section III.A., below), as necessary, on matters impacting or related to SCFE’s ambulance services or County’s EMS system, including, but not limited to, the following:
1. Ambulance deployments, facilities, unit distribution, staffing levels, subcontracts, equipment, and other operational aspects of SCFE’s ambulance services;
2. Funding for, and reinvestment of net revenues from, SCFE’s ambulance services;
3. Clinical performance issues and quality improvement programs for SCFE’s ambulance services and the Parties’ first responder EMS; and
4. County EMS system integration and SCFE ambulance service delivery innovation.
III. Management.
A. The City of Fairfield shall serve as the “SCFE Manager” and manage, administer, and oversee day-to-day operations of SCFE and all services, programs, and contracts required under this Agreement.
4925-4083-9254.1 013398.020 Page 4 of 15
B. SCFE Manager shall enter all agreements, engage all subcontractors and consultants, as necessary, and take all actions necessary to effectuate the purposes of this Agreement and the SCFE services and programs set forth herein.
C. SCFE Manager shall comply with the requirements and expectations of this Agreement, as well as all applicable federal, state, and local laws, regulations, and rules.
D. SCFE Manager shall coordinate and cooperate with each Party regarding the performance of services within their respective jurisdiction.
E. The Executive Committee shall advise and consult SCFE Manager regarding services for, or special projects performed on behalf of, any Parties.
F. SCFE Manager shall provide financial and general services to the SCFE for the term of the Agreement, including accounts payable, acquisitions, contracting, and procurements, , billing and accounts receivable, general accounting and reporting, budget development and monitoring, and other general services as necessary to effectuate the purposes of this Agreement.
G. SCFE Manager may enter subcontracts to perform the financial and general services in this Section III.E.
H. SCFE Manager shall charge SCFE an annual fee of One Million Dollars ( $1,000,000.00) for administering this Agreement and the SCFE services and programs set forth herein (“Administration Fee”). The Administration Fee shall be adjusted each subsequent year by the percentage increase/decrease in the Consumer Price Index, All Urban Consumers for Medical Care (U.S. city average) (1982- 1984=100) (“Medical CPI”). The Parties acknowledge and agree that the Administration Fee and any subsequent Medical CPI increases or decreases represent the reasonable cost to SCFE Manager providing administrative services to SCFE. Every three (3) years, no later than 30 days after the anniversary of the effective date of this Agreement, the SCFE Manager shall provide a report to the Executive Committee to ensure that the Administration Fee correctly demonstrates the costs of managing, administering, and overseeing day-to-day operations of SCFE and all services, programs, and contracts, required under this Agreement.
I. SCFE Manager shall operate SCFE and account for all payments, revenues, reimbursements, expenditures, disbursements, credits, and debits through an enterprise fund (i.e., a fund established to account for operations financed and operated in a manner similar to private business enterprises, where the intent of the government body is that the costs of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges), which shall include the following subfunds:
1. An operations fund equal to SCFE’s estimated annual operating expenses for the fiscal year.
4925-4083-9254.1 013398.020 Page 5 of 15
2. An operating reserve fund equal to no less than six (6) months of annual operating expenses, to be fully funded within three (3) years of implementation of ambulance services pursuant to Section IV, below, or as mutually amended by the Executive Committee pursuant to requirements of Section II.A.6 herein.
3. A risk management reserve fund equal to no less than 0.1% of SCFE gross revenues.
4. A capital reserve fund for the reinvestment of SCFE net revenues into, among other things, the following:
i. The acquisition, construction, improvement, leasing, operation, maintenance, repair, staffing, and/or management of all parts of, and appurtenances to, SCFE ambulance services;
ii. The acquisition, construction, improvement, leasing, operation, maintenance, repair, staffing, and/or management of all parts of, and appurtenances to, the Parties’ FRALS services and programs, as that term is defined in Section V;
iii. Providing financial support, for a public agency emergency communications center for the purpose of consolidated countywide fire/EMS dispatching services;
iv. The recruitment and retention of prehospital EMS personnel and the provision and expansion of prehospital EMS personnel training and continuing education, including but not limited to coursework, patient simulators, training aids;
v. The acquisition, construction, improvement, leasing, operation, maintenance, and/or repair of EMS durable equipment and disposable medical supplies for the Parties, such as, for example, Automated External Defibrillators (AEDs), naloxone (Narcan), Epinephrine Auto Injectors, and Lund University Cardiopulmonary Assist System (LUCAS) devices;
vi. The acquisition, construction, improvement, leasing, operation, maintenance, and/or repair of EMS-related information technology (IT) software, hardware, and solutions, such as, for example, electronic patient care report (ePCR) systems, apparatus mounted mobile digital computers (MDC), and automatic vehicle location (AVL) systems; vii. The acquisition, construction, improvement, leasing, operation, maintenance, repair, staffing, and/or management of all parts of, and appurtenances to, community paramedicine, triage to alternate destination, and other similar ambulance and EMS programs for the Parties;
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viii. EMS community education programs, hospital interface requirements and innovation, clinical trial participation and support, and other County EMS system requirements; and
ix. Reimbursement to City of Fairfield for all funds incurred, advanced, or otherwise contributed toward the organization, development, and startup costs of SCFE, including but not limited to costs to procure a private ambulance subcontractor, costs to develop a proposal responding to a competitive process administered by County’s local EMS agency, legal costs and expenses, and SCFE’s initial operating expenses. Any costs in excess of $100,000 shall be subject to reimbursable expenses only and requre approval of the Executive Committee before payment to City of Fairfield
J. To the extent that any special projects are performed on behalf of any Parties, such costs shall be borne by the benefiting Parties. This cost shall be offset against any revenue received by the benefiting Parties under this Agreement.
K. The Parties acknowledge and agree that SCFE Manager is not performing services as the agent of the Parties, but rather, as a service provider, and SCFE Manager does not assume any fiduciary duties to the Parties in the performance of these financial and general services.
IV. Ambulance Services.
A. SCFE, through SCFE Manager, shall contract with the County to provide emergency ambulance services (“Ambulance Contract”) and shall provide those services, in whole or in part, through a written subcontract with a private ambulance service (“Ambulance Subcontract”) in accordance with Sections 1797.230 and 1797.231 of the California Health and Safety Code.
B. SCFE, through SCFE Manager, shall award the Ambulance Subcontract pursuant to a competitive bidding process in accordance with Section 1797.231 of the California Health and Safety Code.
C. SCFE, through SCFE Manager, may contract with third parties to provide nonemergency ambulance services.
D. SCFE, through SCFE Manager, shall invoice and collect for all emergency and nonemergency ambulance services rendered by SCFE.
E. SCFE, through SCFE Manager, shall participate in the PP-GEMT IGT Program.
F. The Parties acknowledge and agree that SCFE’s authorized service area under the Ambulance Contract shall consist of all the unincorporated and incorporated areas of County, excluding the Vacaville Fire Protection District (also known as “Zone C”), the City of Vacaville, and Travis Air Force Base.
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G. Except as otherwise provided in this Agreement, the Parties shall not:
1. Provide, furnish, operate, conduct, charge for, advertise, or engage in or profess to be engaged in the business of, emergency and nonemergency ambulance services;
2. Contract, pay, or reimburse for emergency and nonemergency ambulance services; or
3. Grant a permit, license, or franchise for emergency and nonemergency ambulance services.
V. First Responder, Advanced Life Support (FRALS) Services.
A. The Parties shall provide FRALS services within their jurisdictions 24 hours a day, 365 days a year, subject to the terms and conditions of their ALS Non-Transport Agreements with Solano County Emergency Medical Services Cooperative (“SEMSC”). The Parties providing FRALS services shall be known as the “FRALS Parties.”
B. SCFE, through the SCFE Manager, and the FRALS Parties shall enter into a separate agreement (“FRALS Subcontract”), which shall set forth the terms and conditions of the FRALS Parties’ provision of FRALS as subcontractors of SCFE, including but not limited to provisions on the following subjects:
1. FRALS Parties’ compliance with all statutory, regulatory, and contractual requirements for FRALS services and EMT-Paramedic personnel;
2. SCFE’s resupply and restocking of disposable EMS supplies for FRALS Parties; and
3. FRALS Parties’ fees for providing FRALS services to SCFE, which shall not exceed the reasonable costs of providing such services, and all terms and conditions for such payments, such as, for example, the timing of payments by SCFE to the FRALS Parties, the allocation of FRALS payments between and among the FRALS Parties based on each Party’s percentage of call volume, and any modifications to any of the foregoing.
VI. Effective Date.
A. The effective date of this Agreement shall be ____ and shall continue in full force and effect until terminated pursuant to Section VII, below.
B. Condition Precedent. Notwithstanding the foregoing, this Agreement shall become effective if and only upon County awarding the Ambulance Contract to SCFE.
C. Severability of Parties. Should any Party fail to sign and return an executed copy of this Agreement to the other Parties within 60 days of County awarding the
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Ambulance Contract to SCFE Manager, they shall be deemed to not be a Party to this Agreement, and their names and any reference to them shall be stricken from this Agreement, however this Agreement shall continue upon all other terms and conditions with the remaining Parties. Upon written agreement between the Parties, the 60 day deadline may be extended to any other date.
VII. Withdrawal, Termination, and Dissolution.
A. A Party may withdraw as a party to this Agreement by providing at least 18 months’ written notice. Such withdrawal shall be effective on the first day of the new fiscal year commencing 18 months after notice is provided, unless otherwise agreed to by all Parties. Such withdrawing Party shall perform all obligations and other activities and information performed or related to the services provided by the Parties under this Agreement prior to the effective date of withdrawal.
B. The Agreement shall terminate if:
1. The number of parties to this Agreement becomes less than two, or if all the parties unanimously agree to terminate the Agreement;
2. The City of Fairfield withdraws from this Agreement pursuant to Section VII, A. above, and no other Party wishes to assume the roles and responsibilities; or
3. The Ambulance Contract is terminated.
C. If the Parties have accumulated any assets relating to the services provided under this Agreement prior to termination, such assets shall be distributed among the Parties per their respective contributions, unless otherwise agreed to by all Parties.
VIII. Amendments to Agreement.
A. This Agreement may only be amended by approval of all the Parties to this Agreement.
B. The Executive Committee may recommend an amendment to this Agreement. The Executive Committee shall forward the proposed amendment with its recommendation to the legislative body of each Party, which shall be adopted, properly executed, and returned to the Executive Committee if the Party concurs with the amendment. This Section shall not prevent the Parties from adopting an amendment to this agreement that is not recommended by the Executive Committee.
C. Agencies, as defined in the Joint Exercise of Powers Act, which are not parties hereto, may become Parties hereto only by amendment to this Agreement and upon approval of all the Parties to this Agreement.
IX. Miscellaneous.
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A. Notice. Whenever notice or other communication is permitted or required by this Agreement, it shall be in writing and shall be deemed effectively given upon the earlier of actual receipt or (i) personal delivery to the party to be notified; (ii) when sent, if sent by electronic mail or facsimile during the recipient’s normal business hours, and if not sent during normal business hours, then on the recipient’s next business day; (iii) five (5) calendar days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (iv) one (1) business day after the business day of deposit with a nationally recognized overnight courier, freight prepaid, specifying next-day delivery, with written verification of receipt, and addressed as follows:
[Name]
[Title]
City of Fairfield
1000 Webster Street
Fairfield, CA 94533
[email address]
[Name]
[Title]
City of Benicia
250 East L Street
Benicia, CA 94510
[email address]
[Name]
[Title]
City of Dixon
600 East A
Dixon, CA 94520
[email address]
[Name]
[Title]
City of Vallejo
555 Santa Clara Street
Vallejo, CA 94590
[email address]
Kristina Miller
City Manager
City of Rio Vista
One Main Street
Rio Vista, CA 94571
[email protected]
[Name]
[Title]
City of Suisun City
701 Civic Center Blvd.
Suisun City, CA 94585
[email address]
A Party may change the address and email address to which notices shall be sent by giving notice of the change as provided herein.
B. Severability. Should any part, term, portion, or provision of this Agreement or the application thereof of any person or circumstances, be in conflict with any State or Federal law, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms, portions or provisions, or the application thereof to other persons or circumstances, shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to continue to constitute the Agreement that the parties intended to enter into in the first instance.
C. Indemnification
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1. Mutual Indemnity: The Parties agree that the City of Fairfield, shall indemnify, defend and hold all other Parties, including their officers, members, employees, and/or agents from any and all acts, claims, omissions, liabilities, and losses resulting in injuries or damages to persons and/or property which result from the negligent or wrongful acts or omissions of SCFE Manager, or its officers, employees, and/or agents in the performance of its duties under the scope of work set forth by this Agreement and under all applicable federal, state and local laws, rules and regulations. The Parties further agree that each non-SCFE Manager Party shall indemnify, defend and hold the City of Fairfield harmless, including its officers, employees, and/or agents from any and all acts, claims, omissions, liabilities, and losses resulting in injuries or damages to persons and/or property which result from the negligent or wrongful acts or omissions of the such non-SCFE Manager Party or its officers, members, agents and/or employees in the performance of its duties under the scope of work set forth herein and under all applicable state, federal and local laws, rules and regulations.
2. Comparative Negligence: In the event a third party claim or suit alleges concurrent negligence of SCFE Manager, its officers, employees, and/or agents, and all other Parties, their officers, employees, and/or agents, then the liability for any and all claims for injuries and damages to persons and/or property which arise out of this Agreement shall be apportioned under the established California theory of comparative negligence as it may be modified from time to time. The Parties shall each immediately notify the other in writing upon receiving notice of a claim or suit which includes, or reasonably may include, the other party. Prior to the separate settlement of any third-party court action against both SCFE Manager and any or all of the other Parties, the settling Party or Parties shall provide written notice to all Parties and the court pursuant to Code of Civil Procedure section 877.6 of the settlement regardless of whether a confidentiality agreement has been entered into by the settling Party or Parties.
D. Legal Representation and Advice.
1. SCFE, through SCFE Manager, shall retain counsel to provide legal advice and counsel to SCFE and SCFE Manager on legal matters and issues related to this Agreement and the SCFE services and programs set forth herein.
SCFE counsel fees and expenses shall be paid from the risk management reserve fund in section III.I.3., above.
2. The Parties other than the SCFE Manager shall obtain legal advice and counsel from their respective counsel regarding legal matters or issues related to this Agreement and the SCFE services and programs set forth herein. The costs for such legal advice and counsel shall be borne by such other Parties.
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E. Insurance.
1. SCFE shall maintain liability insurance to meet or exceed the insurance requirements set forth by the County of Solano as specified in the Ambulance Contract. The Ambulance Subcontractor, as defined in Section IV.A. of this Agreement, shall supply evidences of coverage required under the Ambulance Contract.
2. Each Party shall be responsible for maintaining a program of insurance that shall cover each Party's indemnification obligations.
F. Additional Document and Agreements. The parties agree to cooperate in the execution of any additional documents or agreements that may be required to carry out the terms of this Agreement.
G. Successors. This Agreement shall bind and inure to the benefit of all successors and assigns of the parties and any associates in interest, and their respective directors, officers, agents, servants, and employees, and the successors, and assigns of each of them, separately and collectively.
H. Warranty of Legal Authority. Each party warrants and covenants that it has the present legal authority to enter into this Agreement and to perform the acts required of it hereunder.
I. Assignment/Delegation. No Party shall assign, sublet, or transfer any interest in this Agreement or any duty hereunder without written consent of the other Parties, which shall not be unreasonably withheld, and no assignment shall be of any force or effect whatsoever unless and until the other parties shall have so consented.
Provided, however, that any Party may employ such consultants as it deems necessary.
J. No Third-Party Beneficiary. This Agreement is only for the benefit of the Parties as municipal or local governmental entities and shall not be construed as or deemed to operate as an agreement for the benefit of any third party or parties, and no third party or party shall have any right of action or obtain any right to benefits or position of any kind for any reason whatsoever.
K. Waiver. The failure of either party to insist upon strict performance of any of the terms, covenants, or conditions of this Agreement in any one or more instances shall not be construed as a waiver or a relinquishment of any such terms, covenants, or conditions and all of the same shall be in full force and effect.
L. Construction of Agreement .
1. The recitals set forth above are adopted as a part of the Agreement, and the Parties acknowledge and agree that the facts set forth therein are true, accurate, and complete.
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2. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
3. The plural shall include the singular and the singular shall include the plural throughout the terms of this Agreement.
4. The Parties acknowledge that for purposes of construing this Agreement, none of the Parties shall be deemed to be the drafter.
5. The headings in this Agreement are for convenience of reference only and are not to be used in construing or interpreting any provision of this Agreement.
M. Dispute Resolution.
1. Mediation. Should any dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within 30 days of a request unless they mutually agree to a longer period.
The mediator shall be agreed to by the Parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by an agreed-upon service or parties themselves. The mediator shall be selected by a mutually agreed random selection. The cost of mediation shall be borne equally by the Parties. No Party shall be deemed the prevailing party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall not last more than 60 days, unless the 60-day period is extended in writing by the Parties.
2. Venue. Venue for all legal actions, suits, or proceedings relative to the formation, interpretation, or performance of this Agreement shall be exclusively vested in the state courts of the County of Solano, notwithstanding the provisions of Code of Civil Procedure section 394.
3. Attorney’s Fees. In any legal action, suit, or proceeding brought to enforce or interpret any provision of this Agreement, or where any provision of this Agreement is validly asserted as a defense, the prevailing party or parties shall be entitled to recover from the other party or parties the reasonable attorney’s fees, costs, and expenses incurred in such action, suit, or proceeding, in addition to any other relief to which the prevailing party or parties may be entitled.
N. Entire Agreement. This document is intended both as the final expression of the Agreement between the parties hereto with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. This Agreement may be transmitted electronically and executed in counterparts, each such executed electronic copy shall be admissible for any purpose and in any judicial or administrative proceeding as evidence of the agreement between the Parties.
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O. Counterparts. This Agreement may be executed in any number of counterparts, all of which shall constitute the agreement between the parties.
IN WITNESS WHEREOF, the parties hereto, acting by and through their duly authorized representatives, have executed this Agreement as of the day and year first above written:
CITY OF FAIRFIELD
_______________________________
[Name]
[Title]
_____________
Date
CITY OF BENICIA
_______________________________
[Name]
[Title]
_____________
Date
CITY OF DIXON
_______________________________
[Name]
[Title]
_____________
Date
CITY OF VALLEJO
_______________________________
[Name]
[Title]
_____________
Date
CITY OF RIO VISTA
_______________________________
Kristina Miller
City Manager
_____________
Date
CITY OF SUISUN CITY
_______________________________
[Name]
[Title]
_____________
Date
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JOINT EXERCISE OF POWERS AGREEMENT FOR THE PROVISION AND
MANAGEMENT OF EMERGENCY AMBULANCE SERVICES
This Joint Exercise of Powers Agreement (“Agreement”), is entered by and among the City of Fairfield, the City of Vallejo, the City of Benicia, the City of Dixon, the City of Rio Vista, and the City of Suisun City (the “City Parties”), the Cordelia Fire Protection District, the Montezuma Fire Protection District, the East Vallejo Fire Protection District, the Dixon Fire Protection District, the Vacaville Fire Protection District, and the Suisun Fire Protection District (the “District Parties”) (individually a “Party,” and collectively, the “Parties”).
WITNESSETH:
WHEREAS, pursuant to the Joint Exercise of Powers Act, Title 1, Division 7, Chapter 5 of the California Government Code, two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and
WHEREAS, each of the Parties is a “public agency” as that term is defined in Section 6500 of the California Government Code; and
WHEREAS, pursuant to Sections 54980-54983 of the California Government Code, each of the Parties is empowered to enter agreements with the other Parties for the performance of firefighting and ambulance services and functions within each of the Parties’ territories; and
WHEREAS, pursuant to Section 38794 of the California Government Code, each of the City Parties is empowered to contract for ambulance services to serve their residents as convenience requires; and
WHEREAS, pursuant to Sections 13862 and 13878 of the California Health and Safety Code and Sections 20811 and 20812 of the California Public Contract Code, each of the District Parties is empowered to provide and contract for ambulance services and emergency medical services (“EMS”) inside and outside of their territories; and
WHEREAS, pursuant to the Revenue Bond Law of 1941, Title 5, Division 2, Part 1, Chapter 6 of the California Government Code, each of the Parties is empowered to acquire, construct, improve, lease, operate, maintain, repair, staff, or manage, as an enterprise, all parts of, and appurtenances to, an ambulance service; and
WHEREAS, pursuant to Sections 14105.94, 14105.945, 14129, and 14129.3 of the California Welfare and Institutions Code and the State Plan Amendment 22-015 to the State of California’s Medicaid State Plan Under Title XIX of the Social Security Act Amendments of 1965 (Public Law 89-97), as may be amended from time to time, each of the Parties is eligible to participate in the Public Provider Ground Emergency Medical Transport Intergovernmental Transfer (“PP-GEMT IGT”) Program and receive increased reimbursements for the provision of ground emergency medical transport services to Medi-Cal beneficiaries; and
WHEREAS, pursuant to Sections 1797.230 and 1797.231 of the California Health and
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Safety Code, each of the Parties is empowered to contract with a county to provide emergency ambulance services, in whole or in part, through a written subcontract with a private ambulance service, provided that such written subcontract is awarded pursuant to a competitive bidding process consistent with Section 20812 of the Public Contract Code; and
WHEREAS, the Parties desire to maximize use of the existing resources, create cost saving opportunities, reduce duplication, and provide medical and other emergency services at a high level of service for the communities they serve by contracting with the County of Solano (“County”) to provide emergency ambulance services, in whole or in part, through a written subcontract with a private ambulance service; and
WHEREAS, the Parties desire to accomplish the aforesaid purpose by jointly exercising their common powers in the manner set forth in this Agreement.
NOW, THEREFORE, the Parties, for, and in consideration of the mutual benefits, promises, and agreements set forth herein, AGREE as Follows:
I. Purpose.
A. The purpose of this Agreement is for the Parties to jointly exercise their common powers to provide, contract for, manage, equip, maintain, and operate ambulance services and EMS as contractors of County utilizing a private ambulance service and fire agency subcontractors. Such purpose shall be accomplished, and common powers exercised, in the manner set forth in this Agreement.
B. The Parties may use the designation “Solano County Fire & EMS” or “SCFE” to identify the provision of the services provided under this Agreement. The use of such designation shall not be deemed to create a separate legal entity or to change the liability or the contractual obligations of the Parties under this or any other agreements.
C. All pre-existing obligations, rights, and privileges of the Parties shall continue hereunder, subject to the terms and conditions of this Agreement.
II. Administration.
A. The duties set forth in this Section II of the Agreement shall be conducted by an administrative entity to be known as the “Executive Committee.”
1. The members of Executive Committee shall consist of:
i. The Fire Chiefs City Managers of each of the six (6) City Parties; provided, however, that for a District Party that contracts out for First Responder, Advanced Life Support (FRALS) from a City Party, the City Manager of that City Party shall also represent the interests of the District Party..
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ii. One (1) Fire Chief of a District Party County Administrator representing the District Parties governed by the County Board of Supervisors.six (6) Districts, who shall represent the District Parties on the Executive Committee. for two years and rotate among District Parties; provided, however, that the District Parties’ Fire Chief representative may not come from a District Party that contracts out services from City Party.
iii. After the Effective Date of this Agreement, a District Party that increases its level of service to Advanced Life Support (“ALS”) shall be entitled to have its Fire Chief serve as a member of the Executive Committee, and shall no longer be represented by the City Manager or District Parties’ Fire Chief representative County Administrator as provided for in sections II.A.1.i and ii, above.
2. The Executive Committee shall be advised by a Technical Advisory Committee on service delivery, recommend changes to the SCFE operation, and recommend allocation of capital reserve funds for the reinvestment of SCFE net revenues, which shall consist of:Each Fire Chief may designate an officer from their own fire service agency to serve in their place on the Executive Committee. A technical advisory committee shall be established and consists of
i. Tthe Fire Chiefs of each of the six (6) City Parties and District Parties; and;
i. one (1) Fire Chief from the District Parties that does not contract their services through one of the City Parties. This committee should advise the Executive Committee on service delivery, recommend changes to the SCFE operation, and recommend
allocation of capital reserve funds for the reinvestment of SCFE net revenues.
ii. At its discretion, the Executive Committee may invite aA representative from County’s local EMS agency; and to serve as a non-voting, advisory member of the Executive Committee. iii. At its discretion, the Executive Committee may invite aA representative from SCFE’s private ambulance service
subcontractor. to serve as a non-voting, advisory member of the Executive Committee.
2.3. The Executive Committee shall meet at least once (1) per quarter in a publicly noticed meeting accessible to the general public, and may meet as needed more often.
3.4. A simple majority of the Executive Committee shall constitute a quorum.
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4.5. Actions related to SCFE operationsservices, exclusive of any financial matters, such as, for example, a change to the posting locations of SCFE ambulances, shall require a majority vote. In the event of a tie vote by the Executive Committee, the City of Fairfield Fire Chief City Manager, as the representative of SCFE Manager (as that term is defined in section III.A., below), shall resolve the deadlock by casting an additional determinative vote.
5.6. Actions related to SCFE financial matters, including but not limited to budgeting and disposition of net revenues, including eligible expenditures of the capital reserve funds as defined in Section III.I.4, and recommendations to the Parties regarding amendments to this Agreement, shall require a two-thirds vote of the Executive Committee.
6.7. The Parties acknowledge and agree that the Executive Committee is not a “legislative body,” a separate legal entity, or a joint powers agency or authority, partnership, joint venture, or joint enterprise of any kind.
B. The Executive Committee and Technical Advisory Committee shall advise and consult SCFE Manager (as that term is defined in section III.A., below), as necessary, on matters impacting or related to SCFE’s ambulance services or County’s EMS system, including, but not limited to, the following:
1. Ambulance deployments, facilities, unit distribution, staffing levels, subcontracts, equipment, and other operational aspects of SCFE’s ambulance services;
2. Funding for, and reinvestment of net revenues from, SCFE’s ambulance services;
3. Clinical performance issues and quality improvement programs for SCFE’s ambulance services and the Parties’ first responder EMS; and
4. County EMS system integration and SCFE ambulance service delivery innovation.
III. Management.
A. The City of Fairfield Fire Department shall serve as the “SCFE Manager” and manage, administer, and oversee day-to-day operations of SCFE and all services, programs, and contracts required under this Agreement.
B. SCFE Manager shall enter all agreements, engage all subcontractors and consultants, as necessary, and take all actions necessary to effectuate the purposes of this Agreement and the SCFE services and programs set forth herein.
C. SCFE Manager shall comply with the requirements and expectations of this Agreement, as well as all applicable federal, state, and local laws, regulations, and
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rules.
D. SCFE Manager shall coordinate and cooperate with each Party regarding the performance of services within their respective jurisdiction.
E. The Executive Committee shall advise and consult SCFE Manager regarding services for, or special projects performed on behalf of, any Parties.
F. SCFE Manager shall provide financial and general services to the SCFE for the term of the Agreement, including accounts payable, acquisitions, contracting, and procurements, procurementsd, billing and accounts receivable, general accounting and reporting, budget development and monitoring, and other general services as necessary to effectuate the purposes of this Agreement.
G. SCFE Manager may enter subcontracts to perform the financial and general services in this Section III.E.
H. SCFE Manager shall charge SCFE an annual fee of Six Hundred Fifty Thousand Dollars One Million Dollars ($650,000 $1,000,000.00) for administering this Agreement and the SCFE services and programs set forth herein (“Administration Fee”). The Administration Fee shall be adjusted each subsequent year by the percentage increase/decrease in the Consumer Price Index, All Urban Consumers for Medical Care (U.S. city average) (1982-1984=100) (“Medical CPI”). The Parties acknowledge and agree that the Administration Fee and any subsequent Medical CPI increases or decreases represent the reasonable cost to SCFE Manager providing administrative services to SCFE. Every three (3) years, no later than 30 days after the anniversary of the effective date of this Agreement, the SCFE Manager shall provide a report to the Executive Committee to ensure that the Administration Fee correctly demonstrates the costs of managing, administering, and overseeing day-to-day operations of SCFE and all services, programs, and contracts, required under this Agreement.
I. SCFE Manager shall operate SCFE and account for all payments, revenues, reimbursements, expenditures, disbursements, credits, and debits through an enterprise fund (i.e., a fund established to account for operations financed and operated in a manner similar to private business enterprises, where the intent of the government body is that the costs of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges), which shall include the following subfunds:
1. An operations fund equal to SCFE’s estimated annual operating expenses for the fiscal year.
2. An operating reserve fund equal to no less than $10,000,000 six (6) months of annual operating expenses, to be fully funded within three (3) years of implementation of ambulance services pursuant to Section IV, below, or as mutually amended by the Executive Committee pursuant to requirements of Section II.A.6 herein.
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3. A risk management reserve fund equal to no less than 0.01% of SCFE gross revenues.
4. A capital reserve fund for the reinvestment of SCFE net revenues into, among other things, the following:
i. The acquisition, construction, improvement, leasing, operation, maintenance, repair, staffing, and/or management of all parts of, and appurtenances to, SCFE ambulance services;
ii. The acquisition, construction, improvement, leasing, operation, maintenance, repair, staffing, and/or management of all parts of, and appurtenances to, the Parties’ FRALS services and programs, as that term is defined in Section V;
iii. Providing financial support, for a public agency emergency communications center for the purpose of consolidated countywide, fire/EMS dispatching services;
iv. The recruitment and retention of prehospital EMS personnel and the provision and expansion of prehospital EMS personnel training and continuing education, including but not limited to coursework, patient simulators, training aids;
v. The acquisition, construction, improvement, leasing, operation, maintenance, and/or repair of EMS durable equipment and disposable medical supplies for the Parties, such as, for example, Automated External Defibrillators (AEDs), naloxone (Narcan), Epinephrine Auto Injectors, and Lund University Cardiopulmonary Assist System (LUCAS) devices;
vi. The acquisition, construction, improvement, leasing, operation, maintenance, and/or repair of EMS-related information technology (IT) software, hardware, and solutions, such as, for example, electronic patient care report (ePCR) systems, apparatus mounted mobile digital computers (MDC), and automatic vehicle location (AVL) systems; vii. The acquisition, construction, improvement, leasing, operation, maintenance, repair, staffing, and/or management of all parts of, and appurtenances to, community paramedicine, triage to alternate destination, and other similar ambulance and EMS programs for the Parties;; and
viii. EMS community education programs, hospital interface requirements and innovation, clinical trial participation and support, and other County EMS system requirements; and
viii.ix. Reimbursement to City of Fairfield for all funds incurred, advanced, or
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otherwise contributed toward the organization, development, and startup costs of SCFE, including but not limited to costs to procure a private ambulance subcontractor, costs to develop a proposal responding to a competitive process administered by County’s local EMS agency, legal costs and expenses, and SCFE’s initial operating expenses. Any costs in excess of $100,000 shall receivebe subject to reimbursable expenses only and requre advance approval of the Executive Committee before payment to City of Fairfield.
J. To the extent that any special projects are performed on behalf of any Parties, such costs shall be borne by the benefiting Parties. This cost shall be offset against any revenue received by the benefiting Parties under this Agreement.
K. The Parties acknowledge and agree that SCFE Manager is not performing services as the agent of the Parties, but rather, as a service provider, and SCFE Manager does not assume any fiduciary duties to the Parties in the performance of these financial and general services.
IV. Ambulance Services.
A. SCFE, through SCFE Manager, shall contract with the County to provide emergency ambulance services (“Ambulance Contract”) and shall provide those services, in whole or in part, through a written subcontract with a private ambulance service (“Ambulance Subcontract”) in accordance with Sections 1797.230 and 1797.231 of the California Health and Safety Code.
B. SCFE, through SCFE Manager, shall award the Ambulance Subcontract pursuant to a competitive bidding process in accordance with Section 1797.231 of the California Health and Safety Code.
C. SCFE, through SCFE Manager, may contract with third parties to provide nonemergency ambulance services.
D. SCFE, through SCFE Manager, shall invoice and collect for all emergency and nonemergency ambulance services rendered by SCFE.
E. SCFE, through SCFE Manager, shall participate in the PP-GEMT IGT Program.
F. The Parties acknowledge and agree that SCFE’s authorized service area under the Ambulance Contract shall consist of all the unincorporated and incorporated areas of County, excluding the Vacaville Fire Protection District (also known as “Zone C”), the City of Vacaville, and Travis Air Force Base.
G. Except as otherwise provided in this Agreement, the Parties shall not:
1. Provide, furnish, operate, conduct, charge for, advertise, or engage in or profess to be engaged in the business of, emergency and nonemergency ambulance services;
4925-4083-9254.1 013398.020 Page 8 of 154
2. Contract, pay, or reimburse for emergency and nonemergency ambulance services; or
3. Grant a permit, license, or franchise for emergency and nonemergency ambulance services.
V. First Responder, Advanced Life Support (“FRALS”) Services.
A. The City Parties shall, and the District Parties may, provide FRALS services within their jurisdictions 24 hours a day, 365 days a year, subject to the terms and conditions of their ALS Non-Transport Agreements with Solano County Emergency Medical Services Cooperative (“SEMSC”). The City and District Parties providing FRALS services shall be known as the “FRALS Parties.” B. SCFE, through the SCFE Manager, and the FRALS Parties shall enter into a separate agreement (“FRALS Subcontract”), which shall set forth the terms and conditions of the FRALS Parties’ provision of FRALS as subcontractors of SCFE, including but not limited to provisions on the following subjects:
1. FRALS Parties’ compliance with all statutory, regulatory, and contractual requirements for FRALS services and EMT-Paramedic personnel;
2. SCFE’s resupply and restocking of disposable EMS supplies for FRALS Parties; and
3. FRALS Parties’ fees for providing FRALS services to SCFE, which shall not exceed the reasonable costs of providing such services, and all terms and conditions for such payments, such as, for example, the timing of payments by SCFE to the FRALS Parties, the allocation of FRALS payments between and among the FRALS Parties based on each Party’s percentage of call volume, and any modifications to any of the foregoing.
VI. Effective Date.
A. The effective date of this Agreement shall be ____ and shall continue in full force and effect until terminated pursuant to Section VII, below.
B. Condition Precedent. Notwithstanding the foregoing, this Agreement shall become effective if and only upon County awarding the Ambulance Contract to SCFE.
B.C. Severability of Parties. Should any Party fail to sign and return an executed copy of this Agreement to the other Parties within 60 days of County awarding the Ambulance Contract to SCFE Manager, they shall be deemed to not be a Party to this Agreement, and their names and any reference to them shall be stricken from this Agreement, however this Agreement shall continue upon all other terms and conditions with the remaining Parties. Upon written agreement between the Parties, the 60 day deadline may be extended to any other date.
4925-4083-9254.1 013398.020 Page 9 of 154
VII. Withdrawal, Termination, and Dissolution.
A. A Party may withdraw as a party to this Agreement by providing at least 180 18 months’ days’ written notice. Such withdrawal shall be effective on the first day of the next new fiscal year commencing 18 months after notice is provided, unless otherwise agreed to by all Parties. Such withdrawing Party shall perform all obligations and other activities and information performed or related to the services provided by the Parties under this Agreement prior to the effective date of withdrawal.
B. The Agreement shall terminate if:
1. The number of parties to this Agreement becomes less than two, or if all the parties unanimously agree to terminate the Agreement;
1.2. The City of Fairfield withdraws from this Agreement pursuant to Section VII, A. above, and no other Party wishes to assume the roles and responsibilities, above; or
2.3. The Ambulance Contract is terminated.
C. If the Parties have accumulated any assets relating to the services provided under this Agreement prior to termination, such assets shall be distributed among the Parties per their respective contributions, unless otherwise agreed to by all Parties.
VIII. Amendments to Agreement.
A. This Agreement may only be amended by approval of all the Parties to t his Agreement.
B. The Executive Committee may recommend an amendment to this Agreement. The Executive Committee shall forward the proposed amendment with its recommendation to the legislative body of each Party, which shall be adopted, properly executed, and returned to the Executive Committee if the Party concurs with the amendment. This Section shall not prevent the Parties from adopting an amendment to this agreement that is not recommended by the Executive Committee.
C. Agencies, as defined in the Joint Exercise of Powers Act, which are not parties hereto, may become Parties hereto only by amendment to this Agreement and upon approval of all the Parties to this Agreement.
IX. Miscellaneous.
A. Notice. Whenever notice or other communication is permitted or required by this Agreement, it shall be in writing and shall be deemed effectively given upon the earlier of actual receipt or (i) personal delivery to the party to be notified; (ii) when sent, if sent by electronic mail or facsimile during the recipient’s normal business
4925-4083-9254.1 013398.020 Page 10 of 154
hours, and if not sent during normal business hours, then on the recipient’s next business day; (iii) five (5) calendar days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (iv) one (1) business day after the business day of deposit with a nationally recognized overnight courier, freight prepaid, specifying next-day delivery, with written verification of receipt, and addressed as follows:
[Name]
[Title]
City of Fairfield
1000 Webster Street
Fairfield, CA 94533
[email address]
[Name]
[Title]
City of Benicia
250 East L Street
Benicia, CA 94510
[email address]
[Name]
[Title]
City of Dixon
600 East A
Dixon, CA 94520
[email address]
[Name]
[Title]
City of Vallejo
555 Santa Clara Street
Vallejo, CA 94590
[email address]
[Name]Kristina Miller
[Title]City Manager
City of Rio Vista
One Main Street
Rio Vista, CA 94571
[email address][email protected]
[Name]
[Title]
City of Suisun City
701 Civic Center Blvd.
Suisun City, CA 94585
[email address]
A Party may change the address and email address to which notices shall be sent by giving notice of the change as provided herein.
B. Severability. Should any part, term, portion, or provision of this Agreement or the application thereof of any person or circumstances, be in conflict with any State or Federal law, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms, portions or provisions, or the application thereof to other persons or circumstances, shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to continue to constitute the Agreement that the parties intended to enter into in the first instance.
C. Indemnification
1. Mutual Indemnity: The Parties agree that the City of Fairfield, shall indemnify, defend and hold all other Parties, including their officers, members, employees, and/or agents from any and all acts, claims,
4925-4083-9254.1 013398.020 Page 11 of 154
omissions, liabilities, and losses resulting in injuries or damages to persons and/or property which result from the negligent or wrongful acts or omissions of SCFE Manager, or its officers, employees, and/or agents in the performance of its duties under the scope of work set forth by this Agreement and under all applicable federal, state and local laws, rules and regulations. The Parties further agree that each non-SCFE Manager Party shall indemnify, defend and hold the City of Fairfield harmless, including its officers, employees, and/or agents from any and all acts, claims, omissions, liabilities, and losses resulting in injuries or damages to persons and/or property which result from the negligent or wrongful acts or omissions of the such non-SCFE Manager Party or its officers, members, agents and/or employees in the performance of its duties under the scope of work set forth herein and under all applicable state, federal and local laws, rules and regulations.
2. Comparative Negligence: In the event a third party claim or suit alleges concurrent negligence of SCFE Manager, its officers, employees, and/or agents, and all other Parties, their officers, employees, and/or agents, then the liability for any and all claims for injuries and damages to persons and/or property which arise out of this Agreement shall be apportioned under the established California theory of comparative negligence as it may be modified from time to time. The Parties shall each immediately notify the other in writing upon receiving notice of a claim or suit which includes, or reasonably may include, the other party. Prior to the separate settlement of any third-party court action against both SCFE Manager and any or all of the other Parties, the settling Party or Parties shall provide written notice to all Parties and the court pursuant to Code of Civil Procedure section 877.6 of the settlement regardless of whether a confidentiality agreement has been entered into by the settling Party or Parties.
D. Legal Representation and Advice.
1. SCFE, through SCFE Manager, shall retain counsel to provide legal advice and counsel to SCFE and SCFE Manager on legal matters and issues related to this Agreement and the SCFE services and programs set forth herein.
SCFE counsel fees and expenses shall be paid from the risk management reserve fund in section III.I.3., above.
2. The Parties other than the SCFE Manager shall obtain legal advice and counsel from their respective counsel regarding legal matters or issues related to this Agreement and the SCFE services and programs set forth herein. The costs for such legal advice and counsel shall be bornborne by such other Parties.
E. Insurance.
1. SCFE shall maintain liability insurance to meet or exceed the insurance
4925-4083-9254.1 013398.020 Page 12 of 154
requirements set forth by the County of Solano as specified in the Ambulance Contract. The Ambulance Subcontractor, as defined in Section IV.A. of this Agreement, shall supply evidences of coverage required under the Ambulance Contract.
2. Each Party shall be responsible for maintaining a program of insurance that shall cover each Party's indemnification obligations.
F. Additional Document and Agreements. The parties agree to cooperate in the execution of any additional documents or agreements that may be required to carry out the terms of this Agreement.
G. Successors. This Agreement shall bind and inure to the benefit of all successors and assigns of the parties and any associates in interest, and their respective directors, officers, agents, servants, and employees, and the successors, and assigns of each of them, separately and collectively.
H. Warranty of Legal Authority. Each party warrants and covenants that it has the present legal authority to enter into this Agreement and to perform the acts required of it hereunder.
I. Assignment/Delegation. No Party shall assign, sublet, or transfer any interest in this Agreement or any duty hereunder without written consent of the other Parties, which shall not be unreasonably withheld, and no assignment shall be of any force or effect whatsoever unless and until the other parties shall have so consented.
Provided, however, that any Party may employ such consultants as it deems necessary.
J. No Third-Party Beneficiary. This Agreement is only for the benefit of the Parties as municipal or local governmental entities and shall not be construed as or deemed to operate as an agreement for the benefit of any third party or parties, and no third party or party shall have any right of action or obtain any right to benefits or position of any kind for any reason whatsoever.
K. Waiver. The failure of either party to insist upon strict performance of any of the terms, covenants, or conditions of this Agreement in any one or more instances shall not be construed as a waiver or a relinquishment of any such terms, covenants, or conditions and all of the same shall be in full force and effect.
L. Construction of Agreement .
1. The recitals set forth above are adopted as a part of the Agreement, and the Parties acknowledge and agree that the facts set forth therein are true, accurate, and complete.
2. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
4925-4083-9254.1 013398.020 Page 13 of 154
3. The plural shall include the singular and the singular shall include the plural throughout the terms of this Agreement.
4. The Parties acknowledge that for purposes of construing this Agreement, none of the Parties shall be deemed to be the drafter.
5. The headings in this Agreement are for convenience of reference only and are not to be used in construing or interpreting any provision of this Agreement.
M. Dispute Resolution.
1. Mediation. Should any dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within 30 days of a request unless they mutually agree to a longer period.
The mediator shall be agreed to by the Parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by an agreed-upon service or parties themselves. The mediator shall be selected by a mutually agreed random selection. The cost of mediation shall be borne equally by the Parties. No Party shall be deemed the prevailing party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall not last more than 60 days, unless the 60-day period is extended in writing by the Parties.
2. Venue. Venue for all legal actions, suits, or proceedings relative to the formation, interpretation, or performance of this Agreement shall be exclusively vested in the state courts of the County of Solano, notwithstanding the provisions of Code of Civil Procedure section 394.
3. Attorney’s Fees. In any legal action, suit, or proceeding brought to enforce or interpret any provision of this Agreement, or where any provision of this Agreement is validly asserted as a defense, the prevailing party or parties shall be entitled to recover from the other party or parties the reasonable attorney’s fees, costs, and expenses incurred in such action, suit, or proceeding, in addition to any other relief to which the prevailing party or parties may be entitled.
N. Entire Agreement. This document is intended both as the final expression of the Agreement between the parties hereto with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. This Agreement may be transmitted electronically and executed in counterparts, each such executed electronic copy shall be admissible for any purpose and in any judicial or administrative proceeding as evidence of the agreement between the Parties.
O. Counterparts. This Agreement may be executed in any number of counterparts, all of which shall constitute the agreement between the parties.
4925-4083-9254.1 013398.020 Page 14 of 154
IN WITNESS WHEREOF, the parties hereto, acting by and through their duly authorized representatives, have executed this Agreement as of the day and year first above written:
CITY OF FAIRFIELD
_______________________________
[Name]
[Title]
_____________
Date
CITY OF BENICIA
_______________________________
[Name]
[Title]
_____________
Date
CITY OF DIXON
_______________________________
[Name]
[Title]
_____________
Date
CITY OF VALLEJO
_______________________________
[Name]
[Title]
_____________
Date
CITY OF RIO VISTA
_______________________________
[Name]Kristina Miller
[Title]City Manager
_____________
Date
CITY OF SUISUN CITY
_______________________________
[Name]
[Title]
_____________
Date
CORDELIA FIRE PROTECTION
DISTRICT
_______________________________
[Name]
[Title]
_____________
Date
MONTEZUMA FIRE PROTECTION
DISTRICT
_______________________________
[Name]
[Title]
_____________
Date
4925-4083-9254.1 013398.020 Page 15 of 154
EAST VALLEJO FIRE PROTECTION
DISTRICT
_______________________________
[Name]
[Title]
_____________
Date
DIXON FIRE PROTECTION DISTRICT
_______________________________
[[Name]
[Title]
_____________
Date
SUISUN FIRE PROTECTION DISTRICT
_______________________________
[Name]
[Title]
_____________
Date
VACAVILLE FIRE PROTECTION
DISTRICT
_______________________________
[Name]
[Title]
_____________
Date
Agenda Item No: L.3
AGENDA REPORT
DATE: September 16, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2025-192 FD EMS Billing Services Tentative Agreement
Approving a Tentative Agreement with Wittman Enterprises, LLC to Become the City of Fairfield’s Subcontractor for Ambulance and First Responder Fee Billing Services for the Response to Solano County Request for Proposal for Exclusive Operating Area Rights for Medical Transport Services Funding Source: N/A
Contact: Donny Biro, (707) 436-7222
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The City of Fairfield must have a billing subcontractor in place to improve its chances of being the successful bidder for the Solano County Request for Proposal (RFP) for Exclusive Operating Area Rights for Medical Transport Services.
DISCUSSION
The Solano Emergency Medical Services Cooperative (SEMSC) has released an RFP for a new long- term contract for the exclusive operating rights to provide emergency medical transport services.
Through Resolution 2024-296 the City Council directed the City Manager to proceed with bidding on the SEMSC RFP. To best position the City’s proposal, we must have a billing subcontractor in place prior to submittal on October 10th.
The City, led by Fire Department staff, conducted a publicly available Request for Qualifications (RFQ) to provide Ambulance and First Responder Fee Billing Services and is recommending the proposed agreement with Wittman Enterprises, LLC. The agreement would be contingent upon the City being awarded the SEMSC contract to provide ambulance transport and shall commence on the start of such contract. The term of the agreement is expected to be five years.
Wittman Enterprises, LLC submitted an impressive response to the City’s RFQ and has 34 years of experience as a long-standing California based billing provider, including extensive fire service and public Emergency Medical Services (EMS) experience. They have a proven track record with 130 public EMS clients, including strong PP-GEMT experience and low claims ration per employee to ensure quality.
FINANCIAL IMPACT
Wittman Enterprises, LLC’s proposal for billing services is 2.99% of net collections (estimated at $1.6M in the first year or roughly $8.6M for the five-year term), so they will only be paid for their service when a bill is collected on, versus a fixed fee per bill or a percentage of gross bil lable charges. The City will not pay any upfront or out-of-pocket cost for billing services associated with this agreement.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Via the Fire Department, the City conducted a publicly available RFQ from July 28 through August 8, 2025.
ALTERNATIVE ACTION
The City Council may decline to approve the Tentative Agreement with Wittman Enterprises, LLC.
Not approving the tentative agreement with Wittman Enterprises, LLC may jeopardize the City’s likelihood of success with its SEMSC RFP submission, as the City will not otherwise have the ability to enter into a Tentative Agreement with another vendor prior to the RFP deadline on October
10. COORDINATED WITH
City Attorney’s Office, City Manager’s Office, Finance Department, and Information Technology Department
STAFF CONTACT
Donny Biro, Battalion Chief
(707) 436-7222
[email protected]
Taylor Armour, Administration Division Manager
(707) 428-7593
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Agreement
CITY OF FAIRFIELD
RESOLUTION NO. 2025-192
APPROVING A TENTATIVE AGREEMENT WITH WITTMAN ENTERPRISES, LLC TO BECOME THE CITY OF FAIRFIELD’S SUBCONTRACTOR FOR AMBULANCE AND FIRST RESPONDER FEE BILLING
SERVICES FOR THE RESPONSE TO SOLANO COUNTY REQUEST FOR PROPOSAL FOR EXCLUSIVE
OPERATING AREA RIGHTS FOR MEDICAL TRANSPORT SERVICES
WHEREAS, the Solano Emergency Medical Services Cooperative (SEMSC) oversees the contracting of emergency medical transport services countywide (exclusive of Vacaville) and issued a Request for Proposal (RFP) for a new long-term contract for the exclusive operating rights to provide emergency medical services (EMS); and
WHEREAS, the Cities of Benicia, Dixon, Fairfield, Rio Vista, Suisun City, and Vallejo jointly conducted a comprehensive Emergency Ambulance Services Transportation & Optimization Study; and
WHEREAS, the study recommended pursuing an ambulance subcontracting model to maintain the existing level of service, improve financial sustainability, and increase collaboration amongst the cities; and
WHEREAS, the City of Fairfield has served as the lead agency on this endeavor, including conducting a competitive Request for Proposal process to select a subcontractor to provide the required Advanced Life Support (ALS) Ambulance Transport Services; and
WHEREAS, the RFP resulted in the selection of Medic Ambulance Services, Inc. which resulted in negotiations and ultimately an approved Tentative Agreement through Resolution 2024-296; and
WHEREAS, Resolution 2024-296 also directed the city manager to proceed with bidding on the SEMSC RFP to provide emergency ambulance transport services; and
WHEREAS, to submit the most competitive bid, the City also needs to secure a Tentative Agreement with an EMS billing services provider; and
WHEREAS, the City, led by Fire Department staff, conducted a publicly available Request for Qualifications to provide ambulance and first responder fee billing services and recommends entering into an agreement with Wittman Enterprises, LLC; and
WHEREAS, the residents of Fairfield and Solano County stand to greatly benefit from improved service delivery and greater investment back into the EMS system in Solano County if the City is successful with the SEMSC RFP.
RES. NO. 2025-192
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The Tentative Agreement with Wittman Enterprises, LLC is hereby approved, and the city manager is authorized to execute the Tentative Agreement between the City of Fairfield and Wittman Enterprises, LLC.
Section 2. The City of Fairfield City Council directs the city manager to proceed with bidding on the SEMSC RFP to provide emergency ambulance transport services with Wittman Enterprises, LLC as the City’s EMS billing services provider.
Section 3. The city manager is hereby authorized to do all things necessary and proper to implement this resolution.
PASSED AND ADOPTED this 16th day of September 2025, by the following vote:
AYES: MEMBERS: MOY / BERTANI / CARR /PANDURO / TONNESEN/ SANDHU / WILLIAMS
NOES: MEMBERS:
ABSENT: MEMBERS:
ABSTAIN: MEMBERS:
______________________________________________________
MAYOR
ATTEST:
____________________________
CITY CLERK
1 Revised 1/09/2025
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made at Fairfield, California, as of ________________, 20____, by and between the City of Fairfield, a municipal corporation (the “CITY") and Wittman Enterprises, LLC ("CONSULTANT"), who agree as follows:
1)SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit “A,” which consists of the proposal submitted by CONSULTANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit “A.” CONSULTANT shall agree to conform to any and all reporting needs, audit requests, or inspections as the LEMSA may require. CONSULTANT agrees to obtain, if required, any licensure or permits required by the County to provide such services for contract term. This Agreement is condition precedent of CITY being awarded the contract for ambulance transport services in response to the County RFP. 2)PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at in the manner set forth in Exhibit “B.” The payments specified in Exhibit “B” shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement. CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit “B.” 3)FACILITIES AND EQUIPMENT. CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4)GENERAL PROVISIONS. The general provisions set forth in Exhibit “C” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control. 5)INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit “D” shall control. 6)BUSINESS LICENSE. The CONSULTANT shall obtain and keep current a business license for work within the City of Fairfield pursuant to Chapter 10B of the Fairfield City Code, with respect to the gross receipts received pursuant to this Agreement. No payments shall be made to any SERVICE PROVIDER until such business license has been obtained, and all fees paid therefore, by the CONSULTANT. Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, (707-428- 7509) and online at www.fairfield.ca.gov/biz .
7)EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
8)TERM. The term of this agreement will be five years from the date of the exclusive operator agreement with a five (5) year automatic extension, so long as the CITY is re-awarded the exclusive 911/ALS provider contract, maintains contract, given an extension or by any other means still maintains ambulance operations in Solano EOA. This Agreement is condition precedent of CITY being awarded the contract for ambulance transport services in response to the County RFP.
2 Revised 1/09/2025
9) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court. 10) Where applicable, vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets
11) ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT.
This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 12) COUNTERPARTS. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
3 Revised 1/09/2025
13) NOTICES. This Agreement is managed and administered on the CITY’s behalf by the individual named below. All invoices must be submitted and approved by this individual and all notices shall be given to the CITY using the following contact information:
CITY Contact: Donny Biro, EMS Battalion Chief
E-mail: [email protected]
Address: Fire Administration 1200 Kentucky Street Fairfield CA 94533 Telephone: (707) 428-7375
Notices must be given to CONSULTANT at the following:
CONSULTANT Contact: Russ Harms
E-mail: [email protected]
Address: 11093 Sun Center Drive Rancho Cordova, CA 95670 Telephone: (916) 798-8140
EXECUTED as of the day first above-stated.
City of Fairfield, a municipal corporation
By:__________________________________
CONSULTANT
By:___________________________________
George Abatjoglou, President
August 6, 2025
Request for Qualifications: Ambulance and First Responder Fee Billing Services DUE: Due: Friday, August 8th
(via Email to Chief Donald Biro [email protected]) Wittman Enterprises, LLC
11093 Sun Center Drive
Rancho Cordova, California 95670
www.emsmc.com
RFP Contact: Russ Harms
Director of Client Success
(916) 669-4628 Direct Line
[email protected]
City of Fairfield
1Exhibit "A"
2 Table of Contents
A.Cover Letter ...................................................................................................................................................................... 4 Letter from our CEO ....................................................................................................................................................................... 4 B.Company Profile ................................................................................................................................................................ 5 C.Experience and References ............................................................................................................................................... 7 Qualifications Statement ............................................................................................................................................................... 7 34 Years EMS Billing Experience ..................................................................................................................................................... 7 California Strong ............................................................................................................................................................................ 7 California Experience: Public-Private Partnerships in EMS (Proprietary and Confidential) .................................................................. 8 Maintaining our Dynamic Workforce .............................................................................................................................................. 8 Staff Allocation .............................................................................................................................................................................. 8 Select Client References ................................................................................................................................................................ 9 D.Technical Plan .................................................................................................................................................................. 10 Billing System ............................................................................................................................................................................... 10 Billing to Payment Cycle ............................................................................................................................................................... 10 ePCR Import Data Scrubber .......................................................................................................................................................... 10 Records Confirmed and Screened for Completeness ..................................................................................................................... 11 Identification of Payment Sources ................................................................................................................................................ 11 Locating and Verifying Insurance ................................................................................................................................................... 11 Follow-Up Protocols ..................................................................................................................................................................... 11 Assignment Authorization ............................................................................................................................................................. 11 Patient Database .......................................................................................................................................................................... 12 Medicare Billing ............................................................................................................................................................................ 12 Medi-Cal Billing ............................................................................................................................................................................ 12 Private Insurance Billing ................................................................................................................................................................ 12 Denied or Disallowed Claims ........................................................................................................................................................ 13 Hospital Patient Records .............................................................................................................................................................. 14 Self-Pay Bill Schedule ................................................................................................................................................................... 14 Mail Returns ................................................................................................................................................................................. 15 Patient Payment Options ............................................................................................................................................................... 15 Hardships, Discounts, and Reductions .......................................................................................................................................... 16 Fairfield/Fire Staff and Provider Scope of Work .............................................................................................................................. 16 Request for Changes to Fairfield-Provided Data ............................................................................................................................. 16 Insurance Information Verification ................................................................................................................................................ 16 Claim Submissions ....................................................................................................................................................................... 17 General Collections Evaluation SOP .............................................................................................................................................. 17 Final Review: Delinquent Accounts ................................................................................................................................................ 18 E.Reporting and Analytical (Quality Control) ...................................................................................................................... 19 Auditing ........................................................................................................................................................................................ 19 Key Performance Indicators .......................................................................................................................................................... 19 (Current) Wittman: Electronic Access to Records and Analytics ...................................................................................................... 21
3 (Current) Wittman: Client Portal and Electronic Dashboard ............................................................................................................ 22 (Scheduled for Upgrade) EMS|MC: Electronic Access to Records and Analytics ............................................................................... 28 Reporting ...................................................................................................................................................................................... 37 Clear and Concise Reporting ......................................................................................................................................................... 37 Reporting Library .......................................................................................................................................................................... 37 Monthly Reporting Requirements ................................................................................................................................................... 37 Custom Reporting ......................................................................................................................................................................... 38 Sample Reporting ......................................................................................................................................................................... 39 Sample PPGEMT Reporting ........................................................................................................................................................... 56 F.Implementation and Timeline .......................................................................................................................................... 57 Project Plan .................................................................................................................................................................................. 57 Industry Compliance Training ........................................................................................................................................................ 57 G.Customer Service Standards ........................................................................................................................................... 62 Customer Service Availability ........................................................................................................................................................ 62 EMS Partner Satisfaction .............................................................................................................................................................. 62 Alternative Language Capabilities ................................................................................................................................................. 62 Workload Accomplishment ........................................................................................................................................................... 62 Training and Continuous Education: KPI Directed .......................................................................................................................... 63 Continuous Improvement ............................................................................................................................................................ ..63 Wittman Enterprises Training Program: New Hires .......................................................................................................................... 63 Wittman Enterprises Training program: Continuous Improvement .................................................................................................. 63 H. Fees ................................................................................................................................................................................ 65 Cost Statement ............................................................................................................................................................................ 65 Fee Proposal ........................................................................................................................................................................... .... 65 I.Compliance and Certifications ........................................................................................................................................ 66 Compliance and Certification Statement ...................................................................................................................................... 66 Availability of Records ................................................................................................................................................................... 66 HIPAA and Privacy Statement ....................................................................................................................................................... 67 Data Security ................................................................................................................................................................................ 67 Business Continuity Plan............................................................................................................................................................... 67 Access to Records ........................................................................................................................................................................ 67 J.California Expertise and AB 716 Compliance ................................................................................................................... 69 California EMS and Fire Partners (Proprietary and Confidential) ...................................................................................................... 69 AB 716 Compliance Statement ...................................................................................................................................................... 70 K.California EMS Reimbursement Programs ....................................................................................................................... 71 Historical Support: EMS Funding and Legislative Programs ............................................................................................................ 71 EMS Reimbursement Programs .................................................................................................................................................... 71
A.Cover Letter
Letter from our CEO
August 8, 2025
We are pleased to present our qualifications and our team to you, providing our response for Ambulance and First Responder Billing Services. Since 1991, Wittman Enterprises has provided our clients complete ambulance billing services in compliance with current local, state, and federal laws and statutes. We follow and exceed currently accepted standards for accurate, consistent, and best EMS billing practices while maximizing revenue recovery, honoring your collection philosophy, and treating each of your patients, citizens, and visitors as our own. We serve more than 150 public EMS programs (130 in California) and are the largest California-based billing company: with the client base, patient database, and experience with California departments (and the multitude of California insurance payers) for the most effective billing and cost recovery.
Wittman has extensive firsthand experience partnering with California public agencies in the mixed Public-Private Model for Emergency Medical Services: through RFP content consultation and EMS billing and collections for California-specific clients. Proprietary information regarding some of these partnerships will be further discussed in “Section C: Experience and References (Proprietary and Confidential).”
We are the most qualified and experienced EMS biller in California and our ultimate focus is on, and has always been based on, the best patient and client services, billing results (accurate and legal billing and the most in reimbursable revenue), and transparency (Client Portal, Reporting, Month-End Reporting, KPIs, etc.). We use all the resources necessary to provide the best in customer service and collect for our clients: (on average) 10-20% more in net revenue than our competitors. Wittman has unmatched experience with California Fire Department ambulance billing programs.
As a new part of the EMS|MC Group, our same Wittman Team now has direct access to a huge suite of new human and technology resources to supplement the quality product our clients have come to expect from us, including: enhanced billing and reporting software; more comprehensive client business intelligence portal (EMSight) and patient portal systems; regular in-person visits from their Client Success Executive; and direct access to our new consulting division, PWW Advisory Group (PWW|AG).
Wittman Enterprises could not be prouder of the tremendous working relationship we have enjoyed with all our EMS and Fire Billing partners over the last 34 years. We worked together on multiple changes to our industry: on the GEMT and GEMT/QAF rollouts and implementations; on ICD-10 conversions; on the new PPGEMT-IGT; ET3; CMS Ambulance Cost Data Collection; and AB 716. We anxiously look forward to beginning and nourishing our long-term partnership together. I am authorized to bind Wittman Enterprises, LLC to the provisions of this RFQ.
Sincerely,
Corinne Wittman-Wong, CEO
Wittman Enterprises LLC (established 1991)
11093 Sun Center Drive | Rancho Cordova, CA 95670
916.669.4608 direct | 855.611.0056 toll-free | [email protected] 4
B.Company Profile
a.Bidder’s legal name and corporate structure.
Wittman Enterprises, LLC: a wholly owned subsidiary of EMS|MC, Incorporated b.Bidder’s primary contact information, including name, address, phone, website, and email.
Wittman Enterprises, LLC
11093 Sun Center Drive, Rancho Cordova, CA 95670
(855) 611-0056 toll-free | www.webillems.com www.emsmc.com c.Bidder’s years in business and EMS billing experience Wittman Enterprises has been providing complete EMS billing services since 1991. Our products and services are specifically designed to ensure that EMS transport providers like the City of Fairfield are reimbursed in a timely manner for the services they provide. •Ambulance Transport Billing and Fire
Service Fee Recovery
•Treat-no-Transport Billing and Collection
(Assessments)
•ePCR and RMS Integration •Subscription Program Support •First Responder Billing and Collection •Patient Survey Program Support d.Number of EMS Billing Clients
We serve more than 150 public EMS and Fire Department clients in the West (130 in California) e.Fairfield: Main Wittman Contact
Jennifer Gentry (CAC, CADS), Client Success Executive
11093 Sun Center Drive, Rancho Cordova, CA 95670
(916)669-4607 (direct) | [email protected]
f.Fairfield: Project Management Team
Contract Management Team
Corinne Wittman-Wong, CEO [email protected] Walter Imboden, President/CFO [email protected]
Kathryn Garcia, Vice President [email protected] Russ Harms, Director of Client Success [email protected] Joe Balkema, Director of IT [email protected]
Management Team
Jennifer Bump, Division Manager Stephanie Cooper-Noe (CMC, CACO, CAPO Insurance Services CADS), Client Success Executive
(916)669-4612 (916)669-4607
[email protected] [email protected]
Heather Montano, Division Manager Jennifer Gentry (CAC, CADS) Patient Services Client Success Executive
(916)669-4627 (916)669-4621
[email protected] [email protected]
Nicole Powers, Division Manager Judy Vang (CAC, CADS)
Electronic Billing/Cash Receipts Client Success Executive (916)669-4624 (916)669-4613
[email protected] [email protected]
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Operations Team/Experience
Jessica Ceccato, Division Supervisor: Insurance/Auditing 14 years Elayne Huff, Senior Lead: Insurance 24 years
Angelas Thao (CAC), Senior Lead: Billing 20 years
Karen Cotton, Lead: Insurance 7 years
Mayra Ruiz, Lead: Billing 14 years
Rachel Troche, Division Supervisor: Patient Services 19 years Savannah Cotton, Division Supervisor: Incoming Calls 6 years Edgar Aguilar, Lead: Patient Services 6 years
Stephanie Canas, Lead: Incoming Calls 10 years
Sheng Cha, Division Supervisor: Administration/Electronic Billing 18 years Rene Wittman, Senior Lead: Cash Receipts 30 years
Maria Delgado, Lead: Electronic Billing 4 years
Por Vue, Lead: Cash Receipts 3 years
California-Specific: Insurance Team Specialists
•La Dona Finister: California commercial and government accounts specialist (VA, Department of Corrections, Blue Shield/Blue Cross of California, Secure Horizons, Pacificare of California, Kaiser, Etc.
•Christine Marshall: Medi-Cal and Medi-Cal HMO accounts specialist •Kristine Martinez: California Medicare and Medicare HMO accounts specialist 6
C.Experience and References
Qualifications Statement
Wittman Enterprises has customized service innovations to our partners in the EMS transport industry since 1991. We have years of experience and specialize in invoicing, categorizing, recording, monitoring, supervising, and managing of ambulance billing and EMS cost recovery systems and services. From our Western Region office in Rancho Cordova, CA, we bill approximately 937,000 claims annually and collect more than $721,000,000 each year for our clients. Wittman brings our 34 years of EMS billing experience to you and to your neighboring communities, helping each of our individual partners reach and exceed their customized billing program objectives. Now, as part of the EMS|MC group, collectively we billed 5.5 million claims and collected over $2.2 Billion in 2024 for our clients across the nation. 34 Years EMS Billing Experience
We were founded 34 years ago with the promise of providing expert and personal attention to our EMS partners and their EMS billing programs. This will never change. Wittman provides industry- leading services to our EMS partners to help them continue providing cost-effective programs and responsive services; specifically for your program, enhancing the quality of life in Fairfield while balancing the financial accountability needs of your citizens. This starts with valuing customer service with everything we have done as a company since our beginning. We have:
•Continued Wittman’s exclusive dedication to the EMS/Fire industry, choosing to be expert in that industry only rather than diversify into other medical billing fields. •Maintained our excellent reputation gained from professional relationships with providers and third-party payers, as well as from our sensitive yet collection-oriented communications with patients and their representatives.
•Demonstrated a long and successful history of meeting and exceeding client expectations and service deadlines.
•From the beginning of our client projects, anticipated and managed issues such as Medicare/Medi-Cal/VA/private insurance compliance and revalidations, guiding for and partnering with our California clients on special industry programs such as GEMT, GEMT QAF, and PPGEMT-IGT, responding to legal and other requests, and customization of reporting programs that surpass specific client analytic needs.
California Strong
No California based biller will provide as much in actual reimbursement or complete customer services as Wittman Enterprises has historically demonstrated. We have a proven record of accomplishment of collecting 10-20% more than our competitors collect. Out-of-state billing companies will not be able to arrive at these reimbursements either, due to their lack of billing and collection experience in the State of California and inexperience with the multitude of California payers.
California Experience: Public-Private Partnerships in EMS (Proprietary and Confidential) In many cases these partnerships can increase EMS program efficiency, access to specialized resources, enhanced response capabilities, and quicker patient care. Several cities and fire authorities have combined resources with private ambulance companies following this model. For years, Wittman Enterprises has partnered on similar arrangements with Cities, JPAs, EMS 7
Authorities, etc. along with private transportation agencies. Below are a couple of client and partner examples:
•City of San Diego (Falck)•Sonoma County FPD (Medic)
•Sac Metro (AMR)•City of Santa Ana (OCFA)
•City of Westminster (Emergency)•City of Fullerton (CARE) •City of San Clemente (CARE)•City of Hermosa Beach (AMR) Maintaining our Dynamic Workforce
Wittman Enterprises maintains the lowest claims-per-employee ratio in the industry. Our competitors work with nearly 30% less qualified staff than we do per claim (effectively assigning 30% more work to each of their employees) and collect less for their billing clients. By maintaining 4,000 to 5,000 claims-per-staff ratio, we can take on significant new growth without necessarily hiring and training new staff. Should that ratio approach and/or exceed our standard range, we hire and train staff proactively to ensure that we never fall outside of our expected customer satisfaction standards and collected revenue expectations.
Staff Allocation
We are an LLC with approximately 150 employees including 4 board officers and 12 managers.
Staff are divided among specialized departments: Customer Service Representatives; Data Input/Billing; Insurance Specialists; and Cash Receipts/Administrative.
Our Board is:
Corinne Wittman-Wong, CEO
Walter Imboden, President/CFO
Kathryn Garcia, Vice President
David Wittman, COO
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Select Client References (Proprietary and Confidential) We encourage you to contact any of our references including any that have not been listed for this proposal. We know that hearing about their experiences with Wittman Enterprises will differentiate us from our competition. Wittman is eager to continue providing top-notch services to the City of Fairfield and nurture that strong working partnership. Please contact any of our references directly to hear about their performance satisfaction with Wittman Enterprises. A recent email from the EMS Director at Rialto spells out the differences in what we bring our EMS Partners: “It is a pleasure working with everyone over at Wittman. We have used the revenue you fine folks have worked very hard to get for us to save lives in this city. We have one of the highest ROSC rates in the world and it takes money to make that happen. Everyone over there should be proud of what you do.” City of San Diego (with Falck)* Sonoma County Fire District (with Medic)* (EMS Billing Partners since 2023) (EMS Billing Partners since 2020) Becky Newell, Deputy Chief Matt Windrem, Deputy Chief
858.987.2711 707.892.2446
[email protected] [email protected]
Sac Metro (with AMR)* City of Vacaville
(EMS Billing Partners since 2001) (EMS Billing Partners since 1999) Jon Rudnicki, Assistant Chief Kris Concepcion, Fire Chief 916.859.4135 707.449.5462
[email protected] [email protected] Cosumnes CSD City of Berkeley
(EMS Billing Partners since 2008) (EMS Billing Partners since 2019) Felipe Rodriguez, Fire Chief David Sprague, Fire Chief 916.405.7100 510.517.5934
[email protected] [email protected] City of Sacramento City of Pasadena
(EMS Billing Partners since 2018) (EMS Billing Partners since 2011) Tilden Biliter, Assistant Chief Chad Augustin, Fire Chief 916.767.2208 626.744.4655
[email protected] [email protected] *Public-Private EMS Partnership Model
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D.Technical Plan
Billing System
ZOLL’s RescueNet software has long been recognized as one of the industry’s powerful and comprehensive electronic patient care billing and reporting solutions. Wittman has used RescueNet as our billing software since 2003.
Billing to Payment Cycle
Using our proprietary pre-billing program, we automatically scrub every PCR sent to us. Through that process we are often able to fill in missing demographic information such as address, insurance coverage and social security information, missing phone numbers, name spelling, changes of address, and mileage checker.
ePCR Import Data Scrubber
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Records Confirmed and Screened for Completeness
All PCRS are thoroughly reviewed for medical necessity, treatments and treatment codes, ICD-10 codes, appropriateness of charges for services based on service rendered, and overall completeness. Coding with the appropriate payer, patient condition, and charges normally occur with 48-72 hours of receipt. PCRs with incomplete information may be referred back to the transport agency for missing or incomplete information when hospital face sheets are not available.
Patient accounts with private insurance, Medicare, and Medi-Cal information are billed immediately. If insurance information is not available on the initial call report, additional research is conducted to locate available payer information. Only when no payer is identified will the patient’s account be converted for private billing.
Identification of Payment Sources
When insurance information is incorrect or incomplete, our Customer Service Representatives work with hospitals and the patients to obtain current and accurate information. After initial patient contact is made, insurance eligibility is verified with the patient still on the phone. This prevents billing delays and allows customer service reps to inform patients when there are any problems with provided insurance information. Wittman electronically bills all Medicare, Medi-Cal, qualified primary and secondary insurance sources, workers compensation, health maintenance organizations, third-party liability, benefit programs, and self-insurance programs. Those who do not accept electronic claims are billed via generated paper statements mailed directly to them.
Locating and Verifying Insurance
All insurance and third-party payer information provided is verified online or by phone. By identifying the correct payer for a patient’s claim before it is ever billed, we consistently keep our percentage of incorrect billings extremely low. If the incorrect insurance is billed, our customer service team contacts the patient or receiving hospitals for the correct insurance information.
Follow-Up Protocols
Our comprehensive collection services include working with your receiving hospitals to obtain patient demographics to ensure the highest level of collection possible. We also gather information via secure email, VPN, fax, and phone calls to the financial offices of the hospitals. We engage in a variety of other processes while following up on accounts with inadequate billing information including:
•Use of Zip Code/Street Directories for obtaining missing/incomplete addresses in addition to our own proprietary address checker program and MelissaData.com. •Use of Accurint for tracing mail returns
•Contacting the EMS Division to locate missing information from PCRs •Contacting the patient or family members for billing or insurance information •Mailing inquiry forms to the patient
Assignment Authorization
Based on our extensive EMS billing experience, we find that the most efficient billing and collection programs are a direct result of a strong partnership between us and our client. That concept is particularly important when discussing patient signature authorizations. Agencies are not permitted to file claims to Medicare without the signature of the patient, designated guardian, or witnessed declaration that the patient is not able to sign. Recognizing that there are times when 11
obtaining these signatures is not feasible, Wittman partners with you to address missing and invalid signatures. This includes education and direct patient contact to obtain required information.
Patient signature authorizations can significantly impact revenue when not diligently pursued in a timely manner.
Patient Database
For 34 years we have compiled our extensive Patient Database containing thousands of patient records and demographics with patient historical data. Our California-based database was built piece by piece during our substantial work since 1991. This comprehensive Patient Database allows us to cross-reference accounts and streamline the billing process in a more efficient and thorough manner. We do this under the strictest HIPAA compliance regulations to ensure proper patient confidentiality.
Medicare Billing
For incidents where no Medicare insurance information was noted by the paramedic, Wittman Enterprises requests insurance information and an authorization signature from the patient. Once a patient responds to our request(s) for Medicare information, and/or if our electronic scrubber identifies patient Medicare insurance, we complete the following steps:
Step 1: Our billing team determines the level of service on every PCR and then adds any applicable charges and evaluates the incident for medical necessity per Medicare guidelines.
Step 2: Our billing team electronically confirms Medicare eligibility and updates all newly provided information to our billing system. We always check eligibility when the patient is over the age of 65 and we have been provided with a Social Security Number or Medicare ID. We also check for eligibility information on the PCR or hospital face sheet when the patient has been identified as a Medicare patient.
Step 3: Patient signatures are added to their account once we have received it from them or if it is provided with the initial incident report.
Step 4: All available transport information is either uploaded automatically to the billing system or the biller manually enters/verifies transport information from the PCR.
Step 5: The primary Payer is updated in our billing system and Medicare is billed electronically.
Medi-Cal Billing
The detailed steps for billing Medi-Cal are mostly the same as those for billing Medicare. There is an additional step taken: We check eligibility whenever we are provided with the patient’s Social Security Number or Medi-Cal ID. Our billers determine the level of service and add any applicable charges. Once we have received eligibility, we clarify whether it is a straight Medi-Cal Plan, or a Medi-Cal HMO plan, and update the payer in our billing system to submit the claim to the proper Medi-Cal payer.
Private Insurance Billing
After a patient responds to our request(s) for insurance information, and/or if our electronic scrubber identifies patient private insurance information, we complete the following steps:
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Step 1:
•The billing team updates all newly provided information into our billing system. •Billing team electronically reconfirms eligibility of insurance. •The billing team calls insurance directly when necessary to verify patient eligibility.
Step 2: If a patient is confirmed eligible, we add the payer to the patient’s account along with their coverage and insurance identification information.
Step 3: The billing department notates the account and changes the primary payer from self-pay to insurance.
Step 4: After double-checking the primary payer, the billing team submits claim via keystroke to the correct paying insurance (electronically for those companies providing that method submission, or through mail for others).
Denied or Disallowed Claims
Wittman Enterprises pursues every claim and follows through with every denial so that all legitimate revenue is collected on behalf of our clients. Denials are not accepted; in fact, as a policy we appeal all claims where the denial has appeals rights and we determine that an appeal is warranted. Additionally, Wittman demands payment with appropriate interest from non-compliant insurance companies. We have a sizable number of SOPs covering multiple scenarios for processing denials for Medicare, Medi-Cal, and Private Insurance. Our SOPs are available for your review upon request.
Medicare Denials: Medicare may deny claims for any number of reasons such as a patient without Part B coverage on the date of service, incorrect patient information on claim, Medicare is a secondary payer, the patient has a Medicare Advantage plan, and many others. Wittman Enterprises actively appeals and processes all denials, making sure our clients get their maximum legal reimbursements. Our thorough process starts with reviewing the denial code and includes:
•Identifying the course of action based on the denial code. •Further researching Medicare eligibility
•Verifying payer primacy between patient insurance and Medicare coverage •Reviewing modifiers and codes for accuracy
•Checking EOBs for reported non-covered services or for no Part B coverage •Billing secondary payers such as insurance and Medi-Cal as necessary •Correcting information requested on denial and resubmission to Medicare, supplemental insurance, Medi-Cal, and the patient to reflect all necessary changes. •Scheduling a call-back date to follow up on resubmission •Notating the account so that it reflects the up -to-the-minute status of every claim.
Medi-Cal Denials: Not all Medi-Cal denials are provided to us in the same way. Most ae received in traditional EOB format, where codes are given, and definitions are provided. Others are returned in letter format without code or any apparent reason for the denial. Our procedures for processing Medi-Cal denials include:
•Reviewing EOB/letter to verify if payment was issued, and to identify the explanation for the listed code. This primary step is key for determining the type of denial received and what course of action to take for ultimate payment.
•Further investigating patient’s Medi-Cal eligibility and modify claim data if necessary. 13
•Identifying the hierarchy of payers. Assuming Medi-Cal is the primary: add appropriate denial code along with any other necessary changes.
•Resubmitting claim to Medi-Cal
•Scheduling a call-back date to follow up on resubmission •Notating the account so that it reflects the up-to-the-minute status of every claim.
Insurance Denials: Health Plans and Medical Groups issue denials when all or parts of a claim are not paid. There are several types of denials. Some are issued correctly according to the patient’s insurance policy and/or billing guidelines, while others are incorrect due to an error by the health plan when processing the claim. Our standard operating procedures include:
•Verifying whether the denial is based on “not a covered benefit”, “not eligible”, “unable to identify as a Member”, or “primary insurance paid more than allowed”, for example. •If there is another billable insurance on file, sending a claim to that insurance and attach the denial received.
•If there is no other billable insurance on file, contacting the patient to inform them of the denial and request any other insurance information.
•When corrected information is received from the patient, updating the payer information and sending a claim and a copy of the PCR to that insurance with the denial received attached. •When there is no viable insurance policy to bill, no Member or Resident program, converting the claim to private pay and billing directly to the patient.
Hospital Patient Records
Creating a mutually beneficial partnership with your destination hospitals will be a key part of any transition schedule with you when we start our work together. We establish reliable relationships with each of them to ensure the timeliest and most accurate face sheet batching possible. We pledge to continue working with your top receiving hospitals to implement the most effective and streamlined process. Wittman’s team will connect with hospital Health Information Management (HIM) personnel to upgrade as needed to the most efficient option: direct VPN database access or scheduled FTP “data dumps.”
Self-Pay Bill Schedule
Wittman Enterprises customizes your private bill schedule to reflect your program needs. These schedules work with our billing program, tracking accounts receivable and assigning them to customer service representatives for making follow-up calls. The following are two examples of customized bill schedules:
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Mail Returns
Correspondence from us to your patients may be returned for various indicated reasons including:
no such street; no such number; undeliverable as addressed; attempted not known (address is valid, but the patient doesn’t live there); insufficient address (possibly missing apartment number, suite number, etc.). We complete the following steps to ensure every account is being worked appropriately: Step 1: Compare Address
•Double check the address on the correspondence against the current address listed in the modify customer screen of the billing system.
Step 2: Review the Account
•Review the account for other possible dates of service. •Review notes to verify where in the billing process the account sits. •Re-check Medicare/Medi-Cal for additional demographic information Step 3: Call patient to verify contact information.
Step 4: White Pages reversal of phone number
Step 5: Review practical alternative addresses.
Step 6: Accurint Check
Step 7: Review PCR for Pick-up Address/Patient Address
Step 8: Cross-check hospital face sheet
Step 9: Final patient contact
Patient Payment Options
Wittman effects positive collections for the City’s financial requirements while providing compassionate service to your patients—doing everything possible to attain reimbursement from your claims. With that goal we try to provide as many payment options as possible, so patients have choices of how best to make payments to their account: whether they mail their check, pay by credit card, or set up a limited installment payment plan.
Credit Card Portal: Based on our preferences, we provide credit card payment options for your patients. They are informed through our correspondence and our customer service staff how to make credit card payments. Our Patient Portal can redirect patients to the City’s Virtual Merchant Terminals where they complete their payments. Like all our services this can be customized to fit the needs of your City and program.
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Installment Payments: For patients unable to pay their full balance, Wittman follows your policies regarding self-pay accounts. This could include minimum payments accepted and the duration of the private pay contract. Based on our experience, we have found that limiting payback duration to one year usually provides the best results for our clients. Patients have the option of making their monthly payments by check or credit card. They may also set up an AutoPay agreement with a signed authorization where payment is automatically withdrawn from their credit card each month.
Hardships, Discounts, and Reductions
While providing our services we follow all City-directed policies. For example, you might waive the ambulance fee if the patient does not have the financial resources to pay. We notify your department in case of any situation requiring modification of account balances, pay schedule, referral to collections, or account write off. No adjustment is ever made without prior authorization from you. All adjustments are clearly documented and identified in our regular reporting and documentation. We customize policies at your direction regarding discounts and reductions. Some of these may include hardships, attorney requests, City employees, or small balance write offs. In all cases, no discount decisions or write-offs are made without your advance approval.
Fairfield/Fire Staff and Provider Scope of Work
Wittman Enterprises will enjoy regular contact with Fairfield and Fire staff for direction on specific accounts, balance adjustments, QA/QI, and other procedures requiring your authorization. When we have exhausted our resources and need help completing missing information, clarifying unclear or incomplete narratives, we may request assistance from our regular Fairfield/EMS/Fire contacts who are normally able to acquire the missing information from their own resources. However, as your billing partner, Wittman generally does not require additional tasks from your team as it is our job to support your billing and reimbursement program.
We are a full-service billing agency that effectively conducts the full range of tasks associated with your ambulance billing. As part of creating and maintaining the most efficient and effective billing system partnership between you and Wittman Enterprises, the following are the basic provider responsibilities generally accepted as current standards of best practices possible. •Submit necessary transport information, including pay source information and patient condition, to Wittman Enterprises for clean billing purposes.
•Forward to Wittman all necessary information relating to patient transport services, payments, and patient eligibility.
•Provide clarification when questions arise regarding paramedic documentation.
Request for Changes to Fairfield-Provided Data
We do not anticipate requesting any changes in data collection by the Fairfield/Fire/EMS departments, provided we receive Fairfield’s PCRs with appropriate and complete documentation meeting industry, Medicare, Medi-Cal, HIPAA, and other billing standards and requirements. Over the course of our partnership together we will collaborate with your teams closely, developing and maintaining a collaborative process to obtain any missing data needed for proper billing as needed.
Insurance Information Verification
In order to create and maintain the most efficient and effective billing system Partnership between the City of Fairfield and Wittman Enterprises, current standards of best practice for ambulance transport provider include: submitting necessary transport information, including pay source 16
information and patient condition, to Wittman Enterprises for billing purposes; forwarding to Wittman Enterprises all necessary information relating to patient transport services, payments and patient eligibility; obtaining signature of patient or guarding; and, providing the patient’s Social Security Number. However, we recognize the urgent nature of EMS responses and realize that this standard is not always possible in emergency situations and therefore strive to provide the highest level of service possible and minimize your time commitments in the process.
As part of our support of your billing program, we use proprietary upfront automated scrubbers that search for and verify discoverable patient insurance information based on demographic information gleaned from the PCR. Next, our billing department reviews each PCR and/or hospital face sheet for insurance eligibility information or for demographic details that will allow them to conduct an additional search for insurance coverage. When there is not enough information available or insurance coverage information provided, we send out a Request for Information Letter to the patient asking for policy information we use to submit claims to their insurer. Finally, as part of our front-end and back-end automated and manual scrubbing and staff research:
•Patients will have been cross-referenced by name, Social Security Number, incident pickup or residence address, and date(s) of service through a variety of resources including our extensive Patient Database.
•We will have conducted all appropriate calls and mailers. •We have identified all available alternative patient contacts. •We will have completed and redone our skip-tracing processes to locate the correct address and telephone information with tools such as Accurint.com, The Haines Directory, MelissaData.com, etc.
•Receiving hospitals will have been contacted for most accurate and current patient demographic information.
•A second verification of Medicare, Medi-Cal, and Private Insurance eligibility will have been performed.
•In short, all efforts will have been exhausted to try and insure we have the most current, correct, and complete insurance information for the patient.
Claims Submission
Wittman Enterprises electronically submits all Medicare, Medi-Cal, VA, qualified primary and secondary insurance sources, workers compensation, health maintenance organizations, third- party liability, benefit programs, and self-insurance programs. All payers who do not accept electronic claims are billed via generated paper statements mailed directly to them per their accepted requirements.
General Collections Evaluation SOP
On average, we send less than 12% of all accounts billed for additional collection efforts. Wittman provides current reports identifying any non-collectable accounts to be released to your collection agency. As part of our process, we work with your agency and provide them with necessary documentation regarding each account. However, before an account is even considered for referral to collections the following exhaustive procedures will have been performed:
•Patients will have been cross-referenced by name, Social Security Number, incident pickup or resident address, and date(s) of service through a variety of resources including our extensive Patient Database.
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•The entire regular invoicing cycle will have been completed. •We will have conducted all appropriate follow-up calls and letters. •We will have identified all available alternate patient contacts. •We will have completed our skip-tracing process to locate the correct address and telephone information with tools such as Accurint.com, The Haines Directory, MelissaData.com, etc. •Receiving hospitals will have been contacted for most accurate and current patient demographic information.
•A second verification of Medicare, Medi-Cal, and Private Insurance eligibility will be performed.
Final Review: Delinquent Accounts
Once an account has gone through the billing cycle, an account representative will review the account one final time before placing on collection review. At that point, a customer service Lead will perform a final review of the entire account to ensure all SOPs are followed throughout the billing cycle. If all efforts have been made and process followed correctly, a write-off report will be submitted to the client contact and, if approved, electronically submitted to the City’s contracted collection agency.
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E.Reporting and Analytics (Quality Control)
Auditing and KPIs
Auditing
In addition to continuous training and quality control protocols, we perform audits continuously with seven independent auditors and a supervisor located in our office. They perform various audits including pre-billed claims, submitted claims, denied claims, etc. Wittman’s internal auditing program scrutinizes all our work to ensure records are not missing, minimum content criteria is preset, fee schedules are accurate and applied correctly, billing codes are appropriate and itemized charges are captured. Our auditing team reviews thoroughly a minimum 10% of the work that each employee completes during the week. Auditors randomly select accounts for audit based on production reports from the previous week. Our meticulous efforts are designed to ensure compliance (whether we are billing Medicare, Medic-Cal, private insurance, or patients) focusing on every step from initial billing, account follow up, and the posting of payments.
Additionally, we audit charges, credits, level of service, schedules, payers, customer service quality and thoroughness, and provide key feedback to customer service representatives and management staff. Each Wittman Enterprises department is evaluated from their own specific auditing SOP about job functions and their effectiveness at meeting quality, compliance, and productivity standards. If any anomalies are identified through our auditing efforts, we devote the necessary resources to pinpoint areas for improvement and revise protocols, retrain staff, and test solutions to avoid future refrains. Finally, all new hire staff are continually audited until their audits regularly reach a consistent 95% success rate. Positive audit results are linked directly to our strong procedures and processes, training, and form our rigorous internal auditing program.
In our 34 years in business Wittman Enterprises, LLC has never received a negative external audit.
We keep accurate and up-to-date records of all bills, payments, and correspondence related to billing functions to ensure a positive outcome to any audit and encourage the City, Fire Department, and its authorized agents to inspect and audit all data and records relating to our performance under the contract. Wittman Enterprises is always at your disposal during any audit procedure, ensuring immediate compliance with request for information.
Key Performance Indicators
Tracking and examining accounts receivable, and Payment Average (revenue) are useful tools helping us judge how “quickly” and efficiently we are getting our clients their maximum and legal reimbursements. This does not work as well as a snapshot in time but rather as a comparison tool from period to period. Additionally, A/R Days are monitored regularly to ensure the most consistent and effective results possible, analyzing how long it takes from the billing date to when we receive payment on your behalf. In this example, the account’s A/R Days are calculated by:
•Getting the Average Charge per Day: last 3 months charges divided by the number of days in those 3 months;
19
February March April Total Charges
for the 3
Months
# of Days in
this 3 Month
Period
$486,938 $529,350 $490,601 $1,506,889 92
•and Dividing the A/R Balance by the Average Daily Charge, giving us how many days of charges are outstanding.
When the work is being managed appropriately your outstanding A/R should not usually be more than three months of charges. Much of this key information will be provided in your Year-to-Date Revenue Report along with several other Key Performance Indicators (KPIs). Additionally, our operations directors use department KPIs to analyze trends, performance, and to address any anomalies before they become issues:
Training and Continuous Education: KPI Directed
Team Training: Each of our teams meet weekly to go over and document training topics, industry and job-specific updates, staff questions, and SOP reviews. Agenda items typically include: Case Studies/Best Practices; Industry/Job Training and Updates; CMS Updates Coding/ICD-10 Training; Medical Necessity; Errors and Exception Reporting.
Continuing Education: Wittman employees are required to not only stay current on industry and individual job requirements, but to push their learning curve through continuing education and to bring our clients the best qualified staff in the industry. In-House Program includes topics like:
Telephone Doctor: Continuous Customer Service Training; Business Communications; The 7 Habits of Highly Effective Mangers; NAAC certification programs.
Average Charge per Day A/R Balance A/R Days
$16,379.23 $1,022,531 62
20
Electronic Access to Records and Analytics
(Current) Wittman: Electronic Access to Records and Analytics CLIENT
PORTAL
PATIENT
PORTAL
COLLECTIONS
PORTAL
$
$
CREDIT CARD PAYMENT
PORTAL
Complete Portal Solutions
Wittman offers secured Internet access to our billing system via our Complete Service Portal System, 24 hours a day. Our system includes:
Client Portal/Electronic Dashboard
•No additional software is required for the City to access Portal/ Dashboard information through our secured server.
•A password protected, secure login is required to access. •Information is in near-real time, allowing authorized City personnel to view each claim wherever it is in the billing and collection process.
Patient Portal
•Provides patients with Patient Portal Access.
•Each invoice, statement, and letter to patients provide a website link for them to access, login, provide insurance information, leave an email and/or simply inquire about their bill.
Credit Card Payment Portal
•We provide credit card payment options for your patients who wish to process their bills this way.
•Patients are informed through our correspondences and our customer service staff how to make credit card payments (if accepted by client).
•We can provide seamless links to virtual merchant terminals that can be followed from our Portal and from client websites, allowing patients to pay their invoices in one location, using approved credit cards.
•Like all of our services, this is customizable to fit the needs of your City and your program.
Collections Portal
•This Portal provides the most commonly requested items from third-party collection agencies, based on client approval.
•It provides: reviewing accounts electronically, printing invoices, printing patient care reports, and printing 1500 billing forms.
21
(Current) Wittman: Client Portal and Electronic Dashboard Wittman Enterprises offers secured Internet access to our billing system via our Client Portal, 24 hours a day. No additional software is required for Fairfield to access the information through our secured server. It is accessed with a secured login that is password protected. Information accessed from the Portal is in near-real time, allowing authorized Fire personnel to view each claim wherever it is in the billing and collection process.
Access to the Client Portal is granted only to pre-authorized Fire personnel with permission to view such information and is strictly limited to the Fairfield information. All patients may be referenced by name, date of service, incident, and run number. Your staff can print invoices for patients and run reports for their own use. Additionally, Fairfield’s specialized reports can be made available through this site. Our billing software system is Microsoft Windows-based which enables data export by authorized staff for easy manipulation (Excel, PDF, Crystal, etc.). It also allows for a clear and traceable audit trail for initial client verification, billing notification, and phone contact.
Moreover, our software automatically updates each individual account detailing date, change, or billing function. All history and noted entries become a permanent record and all charges are maintained for a complete payment history. Finally, the Portal provides an “electronic dashboard,” accessible 24 hours a day that provides a one-screen synopsis of the current state of the EMS billing operation, based on the preferences selected by each Client Portal authorized user. 22
Please enter your User ID and Password and
click Secure Login
User ID:
Password:
Secure Login
If you are experiencing any problems logging in,
please call (855) 611-0056
Po rtal Login
CLIENT
PORTAL
Client Portal
23
TransportsReportingPreferencesStatistics
portal.webillems.com
Main
Log Off
Preferred Company: Witmman Enterprises, LLC
Instructions
The Chart Choices below have been provided to you to see a live snapshot of your data.
Chart Type and Size
Single Panel Quad Panels
Chart Size: Large
Search Criteria
Start Date: 04/01/2017
Start Date: 04/30/2017
Display Options
Update Reset
Primary Payor Categories
- By Date Range
Current Payor Categories
- By Date Range
Mail Returns
- Grouped by Month
Aging - Total Outstanding
Dollars As Of Today
Level Of Service – By Date Range
Total # Of Billable Calls (5507)
Le
v
e
l
s
Instructions
Drag Chart Choice from the left to the panel below. Drag it back to replace it.
Calls
ALS1
ALS2
ALSD Deceased Patient
Assessment Non Tr ansp.
BLS
0 500 1000 1500 2000 2500 3000
BLSE
First Responder
2487
41 6
435
1 2211
326
Drop Off Facilities – By Date Range
Total # Of Billable Calls (5507)
Fa
c
i
l
i
t
i
e
s
Calls
Mercy San Juan Medical Center
Kaiser Hospital- North Sacramento
UC Davis Medical CenterSutter Medical Center-SacramentoAssessment at SceneKaiser Hospital-Roseville First Responder Only
Kaiser Hospital-South Sacramento
Sutter Roseville Medical Center
Mercy General Hospital-SacramentoMercy Hospital-FolsomMethodist Hospital-Sacramento VA Hospital-Sacramento/Mather
Pronounced at Scene
Sutter Amador Hospital
Sutter Memorial Hospital-Sacramento
NoneDry Run
Aging – Total Outstanding Dollars As Of Today
Total Aging Dollars ($15,850,183.67)
Over 180
121-180
91-120
61-90
31-60
Current
$
0 .
0 0
$
6 ,
0 0
0 ,
0 0
0 .
0 0
$
5 ,
0 0
0 ,
0 0
0 .
0 0
$
4 ,
0 0
0 ,
0 0
0 .
0 0
$
3 ,
0 0
0 ,
0 0
0 .
0 0
$
2 ,
0 0
0 ,
0 0
0 .
0 0
$
1 ,
0 0
0 ,
0 0
0 .
0 0
Da
ys
Dollars
1230
817495449433391326
312286
250
216212
7665
0 200 400 600 800 1000 1200 1400
11 1
$3,172,339.87
$1,434,161.33
$1,434.411.66
$1,694,877.73
$2,893,598.23
$5,220,803.85
Primary Payor Categories – By Date Range
Total # Of Billable Calls (5507)
1 None
Auto Insurance
Custody
Insurance
Insurance Elelctronic
Kaiser
Kaiser Medical
Kaiser-Medicare
MCal/MCaid
MCal/MCaid HMO
Medicare
Medicare HMO
Other
Private Pay
Workers Compensation
5 241
213263391
176 606
268
1151
423
701
0 200 400 600 800 1000 1200 1400
1272
12 Pay
o
r
Calls
Main - Dashboard
Client Portal – Main Dashboard
Client Portal – Statistics
TransportsReportingPreferencesStatistics
portal.webillems.com
Main
Log Off
Preferred Company: Witmman Enterprises, LLC
Search Criteria
Start Date: 04/01/2017
Start Date: 04/30/2017
Display Options
Update Reset
Instructions
The chart below represents the missing information from the e-PCR for all of the different billing elements.
Main - Dashboard
Total # of ePCRs (5834)
Mi
s
s
i
n
g
# Of Calls
Last Name
First Name
Signature
Insurance Name
Insurance ID
Patient Address
Patient City
Patient State
Patient Zip Code
Patient Gender
Patient SSN
Patient DOB
Patient Phone
Mileage
Incident Location
Destination
0 1000 2000 3000 4000 5000 6000
335
332
2068
338
516
0 386
382
376
0 1812
356
5654
11 50
0 1030
24
Client Portal – Preferences
Instructions
Click the Change Button, then enter your changes and then click on the “SAVE” button. To cancel your changes, click the “CANCEL” button.
portal.webillems.com
Preferences
Log Off
Preferred Company: Witmman Enterprises, LLC
Instructions
If you have more than one company,
click on the name that you want as
your preferred company.
Instructions
Please select up to 10 charts to
display on the Main – Dashboard and
click the update button.
Customer Information
Note Name:
Email-Login ID:
Password
Default Tab:
Default Tick et Search
Change
ShowChange
UpdateMain – Dashboard
UpdateDate Of Service
Assigned Companies
Wittman Enterprises, LLC
System Information
Wittman Go Live:
Last Login:
Users Guide:
5/12/2017
6/27/2017
Click Here...
Account Created:
Last Password
Reset:
5/12/2017
6/27/2017
Contact Names/Email Links
Account Representative: Heather Montano
Cash Representative: Pakou Vang
Billing Representative: Sharon Haney
Access Levels
Customer Information:
Billing Information:
Tr ip Notes Information:
Customer History Information:
Services Information:
Diagnosis & Alerts Information:
Tr ip History Information:
View/Print Statement:
View/Print Invoice:
View/Print Receipt:
View PCR:
View PCR Only:
Collection Agency
Profit Centers Only:
Main Tab:
Statistics Tab:
Reporting Ta b:
Tr ansport Ta b:
Month End Tab:
Download Tab:
Ye s
Ye s
Ye s
Ye s
Ye s
Ye s
Ye s
Ye s
Ye s
Ye s
Ye s
Ye s
Ye s
Ye s
Ye s
No
No
No
No
No
Chart Choices
Primary Payor Categories – By Date
Range
Tick et Status – By Date Range
Current Payor Categories – By Date
Range
Level Of Service – By Date Range
Drop Off Facilities – By Date Range
Mail Returns – Grouped By Type
Aging – Total Outstanding Dollars
As Of Today
Payment Average – From First Bill
To First Payment By Date Range For
All Payors
Tr ansportsReportingPreferencesStatisticsMain - Dashboard 25
Client Portal – Reporting
Tr ansportsReportingPreferencesStatistics
portal.webillems.com
Main
Log Off
Preferred Company: Witmman Enterprises, LLC
Main - Dashboard
Instructions
Select a report to viewbelow and then
choose your options and then click
Display Report.
Start Date: 04/01/2017 *Required
Start Date: 04/30/2017 *Required
Report Selector
Activity Summary by Payor Category
Activity Summary by Vehicle
Activity Summary Grouped by Vehicle
Aging Detail by Current Payor
Call Type Count by Patient Age
Cash Receipts Journal by Date Posted
Cash Receipts Journal SubReport
Charge List
Charge Type Detail
Chief Complaint Count by Client Age
Closing Balance Summary
Credit Type Detail
Dry Run Report
Month End Sales Journal Detail
Patients under 18
Ticket Survey by Payor Category
Ticket Survey Detail by Trip Date
Ticket Survey Summary by Trip Date
Cash Receipts Journal SubReport
Call Type Count by Patient Age
Charge Type Detail
Closing Balance Summary
Dry Run Report
Patients under 18
Ticket Survey Detail by Trip Date
Report Description
This trip date-based accoounting report,
which is grouped by primary payor,
displays all charges and credits, as well
as balance and average totals.
Search Criteria
Display Options
Display Report Start Over
Report Viewer
Report Run On: 6/29/17 at 3:17:05 PM
Sample Company Name
Activity Summary Payor Category: (Date From: 04/01/2017–04/30/2017) Profit Center: [none]
Payor Category # of Tr ips Gross Charge Contr. Allow Net Charges Rev. Adj. Payments Write-Offs Refunds Balance Average Insurance 903 1,621,707.06 30,122.52 1,591,584.54 0.00 996,686.20 275.58 5,008.92 599,631.68 1,762.55 Medicare 2,180 4,430,100.50 3,481,092.99 949,007.51 1,002.97 846,496.07 1,102.32 415.43 100,821.58 435.32 Medi-Cal/Medicaid 1,716 3,064,905.84 2,805,268.64 259,637.20 -0.89 178,183.58 23,009.93 145.67 58,590.25 151.30 Private 707 845,906.94 0.00 845,906.94 2,161.53 27,640.02 46,531.35 0.00 769,,574.04 1,196.47 Custody 1 1,735.91 1,337.77 398.14 0.00 398.14 0.00 0.00 0.00 398.14 Sub-Totals for: [none] 5,507 $9,964,356.25 $6,317,821.92 $3,646,534.33 $3,163.61 $2,049,404.01 $70,919.18 $5,570.02 $0.00 $398.14 Report Courtesy of Wittman Enterprises, LLC Page 1 of 3 26
Client Portal – Transports
Client Portal – Transport Detail
Call Type: ALS1 Advanced Life Support
Priority: Emergency
Tr ansport: Emergency
Dispatch Comments:
ReportingPreferencesStatistics
portal.webillems.com
Main
Log Off
Preferred Company: Witmman Enterprises, LLC
Main - Dashboard Tr ansport DetailTransports
Customer Information
Company Name: Wittman Enterprises, LLC
Customer Name: Powers, Nicole
Address: 123 Jump St.
City, State & Zip: Rocklin, CA 95765
Phone: (916) 232-1234
Date of Birth: 01 /22/1982
Service Date: 10/09/15
Incident Number: 11 34567
Run Number: 293237
Last 4 of SSN: 6789
Tr ansporting Age: 33
Statement
Invoice
Receipt
Patient Care Report
Print Page
Diagnosis & Alerts Tr ip Notes Trip History Customer HistoryServicesBilling Facility: Mercy Medical Center - Merced
Address: 301 E 13th St.
City, State & Zip: Merced, CA 95341
Phone: (209) 385-7000
Pick-Up Facility
Facility: Mercy Hospital - Bakersfield
Address: 2215 Truxton Ave.
City, State & Zip: Bakersfield, CA 93301
Phone: (661) 632-5000
Drop-Off Facility
Response Zone: None
Dispatch Zone: None
Zones
Profit Center: None
Profit Center
Run Information
This is a test.
Tr ansportsReportingPreferencesStatistics
portal.webillems.com
Main
Log Off
Preferred Company: Witmman Enterprises, LLC
Main - Dashboard
Search Options
Date Of Service
Customer Name
Incident Number
Run Number
Social Security Number
Date Of Birth
Search Criteria
Partial (Slower Result Time)
Exact (Faster Result Time)
First Name
Last Name
Display Options
Show Zero Balance Calls
Cancelled Calls Only
Show Tickets Continuously
Display Calls Reset
Search Results
Powers
Job Profit Center Date of Service Run Number Incident Number Customer Name (Last, First) Date of Birth Balance Due 0001-A 2015-10-26 293236 12314567 POWERS, NICOLE 1982-01-22 $0.00 0001-A 2015-10-16 293236 12314566 POWERS, NICOLE 1982-01-22 $0.00 0001-A 2015-10-09 293236 12314565 POWERS, NICOLE 1982-01-22 $0.00 0001-A 2015-10-13 293236 12314564 POWERS, NICOLE 1982-01-22 $0.00 0001-A 2015-10-23 303236 12314563 POWERS, NICOLE 1982-01-22 $0.00 0001-A 2015-10-16 303236 12314562 POWERS, NICOLE 1982-01-22 $0.00 0001-A 2015-10-30 313236 12314561 POWERS, NICOLE 1982-01-22 $0.00 0001-A 2015-10-12 313236 12314560 POWERS, NICOLE 1982-01-22 $0.00 0001-A 2015-10-04 323236 12314569 POWERS, NICOLE 1982-01-22 $0.00 0001-A 2015-10-11 323236 12314568 POWERS, NICOLE 1982-01-22 $0.00 0001-A 2015-10-29 323236 12314576 POWERS, NICOLE 1982-01-22 $0.00 0001-A 2015-10-19 333236 12314588 POWERS, NICOLE 19 82-01-22 $0.00 0001-A 2015-10-16 293236 12314566 POWERS, NICOLE 1982-01-22 $0.00 0001-A 2015-10-13 293236 12314564 POWERS, NICOLE 1982-01-22 $0.00 0001-A 2015-10-16 303236 12314562 POWERS, NICOLE 1982-01-22 $0.00 0001-A 2015-10-12 313236 12314560 POWERS, NICOLE 1982-01-22 $0.00 0001-A 2015-10-11 323236 12314568 POWERS, NICOLE 1982-01-22 $0.00 0001-A 2015-10-19 333236 12314588 POWERS, NICOLE 1982-01-22 $0.00
27
(Scheduled for Upgrade) EMS|MC: Electronic Access to Records and Analytics EMSmart™ is EMS|MC’s proprietary intelligent billing/workflow platform. It is a rules-based processing engine that allows EMS|MC to analyze multiple ePCR data points to aid in the determination of claim level of service & priority.
EMSmart™ brings the best of human judgement & automation together to ensure the highest clean-claim rate & cash-per-trip results in the industry. Once a claim is imported into EMSmart™, a rules-based engine completes automated assessment of the claim & then a Billing Specialist reviews 100% of imported claims to accuracy. After the review, the claim then moves to the appropriate workflow.
From there, Billing Specialists update patient demographic information & insurance as necessary, coding suggestions are reviewed, & then all trips are reviewed for signatures.
EMSmart™ is the backbone of our billing process. During the EMStart onboarding process we create a client specification document that is based on your responses to our detailed questionnaire, and then we input your rules into our pre-processor.
EMSight Portal System Later in 2025, Fairfield’s CSD’s interface experience with Wittman Enterprises will be upgraded with a variety of platforms including a new Portal System and Billing System. After conversion from the current ImageTrend RescueNet billing program to the EMSmart billing program, Fairfield’s CSD will have access to a new Portal System (EMSight) that will track more Crew Analysis and significantly detailed performance than ever before. For example, the EMSight Portal System has more secured correspondence built in (ACR RTP workflow and client notes and document uploading), resulting in fewer need for a separate secure email appliance. As with Wittman’s current processes, clients will have secure FTP access to enhance protected health information.
EMSight Demo and Screen Shots (Proprietary and Confidential) To share our new Portal System, we will send you a demo link and login so that you can test- drive the new system at your convenience. For us to protect this proprietary system, please request demo access (and/or request an in-person or online demo) and we will provide that information to you and your team separately and immediately. 28
EMSight™ & Reporting
EMSight™ is EMS|MC’s secure online business intelligence dashboard & reporting solution with real-time patient search functionality, collaboration/workflow tools, & robust payment posting module. EMSight™ offers daily, weekly & monthly reports with detailed accounting of billing & collections, including both summary & detail-level data in an easy-to- interpret format. EMSight™ was built around client feedback & was made to make your life easier. As an attentive partner, we attest to being dedicated to continuous process
improvement & transparency for our client partners.
Fairfield’s designated personnel will have their own login ID & password for our secure client online portal website. Individual access is granted to a particular feature/portal and is based on Fairfield’s preferences and job function. There is no limit on the number of licenses or client employees accessing EMSight™. After logging in to the portal, clients are presented with a detailed dashboard divided into four subject areas:
Billable Trips, Gross Charges, Net Collections, & Account Receivables. Each icon or number displayed on the dashboard is drillable (can be selected for additional details) & will promptly display second or third level reports. Reports can be filtered by various criteria & exported to an Excel or PDF format.
29
EMS|MC knows that business happens during non-traditional business hours, and we built EMSight™ for real-time availability. Beyond the standard EMS|MC month-end reporting package that Fairfield will receive, EMSight™ provides reliable ad-hoc reporting that will help keep your billing data readily available 24 hours a day, 7 days a week.
This includes but is not limited to:
•Account Analysis By Month and Payor By Trip Date • Client Import Report •Account Analysis By Month By Trip Date •Credit As Type Summary Report (Deposit Date) •Aging Report By Current Payor (Aging Date Based) • Credit As Type Summary Report (Post Date) •Charge Detail Report (Post Date)•Credit As Type Summary Report (Trip Date) •Charge Detail Report (Trip Date)•Payment Credit By Payor (Deposit Date) •Charge Type Detail Report (Post Date)•Payment Credit By Payor (Post Date) •Charge Type Detail Report (Trip Date)•Payor Mix By Gross Charges by Trip Date •Client Demographics – Mileage •Trip Detail By Primary Payor EMS|MC realizes that unique reports often need to be created to offer invaluable organizational insight. EMS|MC has consistently been able to develop & provide these reports at no additional cost. Ad-Hoc reporting requests will be reviewed with your Customer Success Executive & our Project Management/IT teams to determine & develop the most effective reports.
There is no additional charge for customized reporting. 30
Besides drillable dashboards allowing multiple levels of detail, Fairfield will have access to an array of modules using the left navigational menu. The following is the list of the most frequently used functionalities:
Patient Records – This area allows searching of our billing system records in real time using various search criteria: First Name, Last Name, DOB, SSN, Incident Number, Run Number, & Date of Service. Search results can be drilled down to a detailed report that can be printed.
Patient Notes – Patient Notes encourages users to add notes to specific patient accounts to drive transports to a new billing schedule. Users will be able to immediately note individual patient accounts, & specific transports, of any updates that might be related to that account. 31
ACR -RTP is workflow functionality that allows EMS|MC billing staff to return the trip back to the Fairfield as the trip is being worked in our billing system in real time. Some of the reasons for returning trips are missing PCS form, incorrect information listed on the PCS form, missing patient address, etc.
Fairfield can access all the information under their fingertips, upload a missing file, or correct the information on the portal. This interactive tool will allow us to collaborate with Fairfield in real time, identify trends & eliminate any disruption in cash flow. Below is an example of one of the ways EMS|MC utilizes the ACR-RTP to maximize reimbursement opportunities:
•EMS|MC obtains the patient care record, which includes a narrative indicating that an EKG was conducted during the transport. However, the absence of the EKG interpretation limits billing to the Basic Life Support (BLS) level, despite the provision of an Advanced Life Support (ALS) intervention. To bill at the maximally appropriate level, it is essential to secure this missing information. Consequently, EMS|MC will classify this service in the ACR-RTP, which gives Fairfield the opportunity to supply either the EKG interpretation or the qualifications of the attending paramedic.
32
Payment Summary provides access to financial dashboards & reports. Drillable dashboards show several financial metrics for any given month - the number of posted payments, prior period adjustments, refunds, & net collections.
The Payments Received section shows daily amounts for Bank Deposits, Credit Card payments, Direct to Client payments, EFT payments & Patient ACH payments. Each daily amount is drillable & will show detailed report of all payments. Like Payments Received, the Payment Posted section is broken down into 14 subcategories with daily totals, followed by Reconciliation & Refunds sections.
33
Crew Analysis® provides the ability to quantify how often crew members are documenting specific data points on their PCRs: Patient signature, Phone number, Insurance with policy number, Social Security Number & whether the trip was returned on the ACR-RTP report. This unique tool will allow Fairfield to review your crew documentation scores & averages in comparison to the EMS|MC National Average. Fairfield can utilize the “Crew Member Trend Chart” to depict documentation trends for crew members over the last 12 months, or within a specific date range if desired. Trips can be viewed by ordering facility in Crew Analysis®.
Capturing these in-depth data analytics can be used both to incentivize & to drive training:
•Provides internal feedback.
•Qualifies for improvement of the variables within your control. •Increases compliant collections.
•Showcases clean claims produced by crew members.
•Reveals organizational trends contributing to production/regression.
This information is available in a report form that can be downloaded & printed. Fairfield will have the ability to print multiple crew member scorecards at one time from the Crew Analysis Metrics Crew List. This report is to aid in crew level performance review & training resulting in providing information needed to maximize revenue collection.
Quality documentation is key to achieving the highest levels of reimbursement in the most efficient manner.
34
Initial & On-Going Training - EMScholar™ - EMS|MC’s Online Documentation Platform EMStart anticipates your agency & training needs of your staff and crew. While our team proactively addresses technical matters, we focus heavily on training & education during the EMStart deployment process and throughout our partnership. In-depth training will be provided on all of our interactive applications, EMSight™, & our secure FTP. This training comes at no additional cost to Fairfield.
EMScholar™ powered by VAIRKKO is an interactive education portal that provides up-to-date content vetted by industry experts at PWW|AG. EMScholar™ offers onsite & online training with 24/7 mobile app access to courses anywhere an Internet connection is available. Our micro- learning courses are taught by knowledgeable instructors who average 20 years of experience &/or education. Once our six-module course is completed, a certificate of completion is provided. Below are some screenshots taken from the training courses.
Chief Compliance Officer, Ryan Stark, & our Learning &
Development team annually audit & update EMS|MC’s PCR
documentation course. Ryan and his team provide additional compliance training & updates on an as-needed basis, as new compliance regulations are put into place. EMS|MC’s Customer Success Department is solely tasked with building long-term partnerships with our clients through dedicated account management processes. The Customer Success Executive and/or our Training Team will provide onsite training during the deployment phase of our partnership & at increments deemed necessary by Fairfield.
35
Narrative Writing
Medical Necessity
Patient Signatures
Physician Certification Statements
EMScholar™ & Crew Analysis®
Client training is a critical milestone of the EMS|MC onboarding process & once the engagement begins, EMS|MC will connect your team to EMScholar™, our education platform.
EMS|MC understands flexibility is vital in the world of EMS - our online format gives you the opportunity to further your knowledge while fulfilling your other responsibilities by allowing you to choose when & where you learn.
During the onboarding process, Fairfield will send “test trips” to EMS|MC. This allows our data management team to ensure all data points are being imported appropriately, offering assurance that Fairfield experiences a smooth transition. After reviewing these trips, we will provide Fairfield with directional feedback for compliant billing, providing the resources to achieve it through EMScholar™, our educational portal.
Designed to create consistency & operational efficiencies, EMScholar™ is comprehensive, all- encompassing, & convenient for all users. EMScholar™ creates an audit trail that directly correlates to crew member performance, giving administrators data analytics to improve continuum of care. These courses specifically focus & educate staff on.
The EMScholar™ platform is included in your management fee and allows flexibility for your agency as you determine how to roll-out the training—all at once or in individual modules.
EMScholar™ dovetails nicely with Crew Analysis®, our performance management tool built for your medics. This platform is designed to capture the areas we can control & that play a key role in maximizing revenue.
Using Crew Analysis® for training purposes allows Fairfield to identify crew member deficiencies & in-turn enroll that crew member in the appropriate EMScholar™ module for re- training. Once completed, staff will receive a certificate of completion. 36
Reporting
Clear and Concise Reporting
Our robust reporting system is customized to meet your reporting needs and provides complete accountability and transparency for the work we do on your behalf. We have hundreds of reports available for your metric and reporting needs. There is no extra cost for reporting or for Ad Hoc reports designed for your exclusive use. Reports are available from your Client Support Executive at any time AND many of them can be hard coded to your Client Portal for live and electronic access based on pre-populated fields. the City of Fairfield will access our Client Portal and client reporting system, allowing authorized City and EMS personnel to obtain invoices, account balances, billing reports, and other hands-on account management tools. Daily, monthly, quarterly, annual, and special reporting can be provided in PDF and Excel format. Our reporting system allows interface with Crystal reporting software. For example, the City of Fairfield customized reporting program might include specific details such as:
Number of Reports Received Number Billed and Bill Type Calls Not Billed Gross Charges
Contributions Allowed or Write Down Net Charges
Adjustments Payments
Refunds Balance Owed
Number of Bills/Amounts to
Collections
Pending Claims at Collections Status
Write-Offs Aging Reports
Reporting Library
This is a small sample of our extensive reporting library. In fact, we have hundreds of system- generated reports and several hundred customized reports meeting your reporting needs. Utilizing our in-house programmers, we design reporting to fit all our clients’ needs:
Management Summary Ticket Survey Summary by Payer
Incident Survey Summary by Trip Date Year-to -Date Revenue Aging Current Payer (aging data)Cash Receipts Summary Credit Summary Activity Summary by Vehicle
Activity Summary by Payer Refund Report
Monthly Reporting Requirements
Our month-end correspondence with you includes Cash Receipt Reports that reconcile deposits, receivables, billings, patient accounts, adjustments, dishonest checks, and refunds. Financial and performance reports are detailed and easy to read. These reports provide detailed accounting for account adjustments of any type, and track revenue by period. Our reports are Accurate and Easy to Read. Robust and Individualized. Accessible. Your monthly reports can be emailed, dropped to an FTP mailbox, or sent to you via U.S. Mail, depending on your preferences. •A/R Aging Report: Detail or Summary based on trip date, patient, or payer. It can be customized to track a specific payer or payers, and date ranges and lists how many ambulance transport claims are still outstanding for any given period.
•Ticket Survey Report: Detail or Summary can be run by date of service, payer, or patient (or combination). This report provides the number of accounts imported into our billing system in each month and under the payer mix category.
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•Year -to-Date Revenue Report: Provides a snapshot of the last twelve months and offers totals in all categories including Medicare and Medi-Cal write-downs, monthly number of delinquent accounts and refund amounts.
•Management Summary Report: This report run by fiscal year provides an accounting by financial class of total trips and dollars billed each month, with a cumulative year-to-date tracking. •Ad Hoc Reports: Our billing software collects and tracts numerous data elements whether input manually or downloaded electronically.
Custom Reporting
On-demand reports are our specialty and provided to you at no additional charge. Our billing software tracks numerous data elements from PCRs we receive from you. From the large data field our ad hoc reports are available and online for City of Fairfield review and can contain month-end and real-time information as needed.
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Sample Reporting
Ticket Survey Summary Report by Payor
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Ticket Survey Detail Report by Trip Date
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Activity Summary by Payor Category
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Activity Summary by Vehicle and Call Type
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Charge Type by Billing Zone
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Monthly Cash Receipts Journal Detail
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Cash Receipts Journal Sub Report
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54 Year-to-Date Report
55 Management Summary Report
Sample PPGEMT Reporting
PPGEMT Monthly Waterfall Report
12/06/24 Mcal HMO IEHP Inland Empire Health Plan/4349 11/01/24 850,684 Payment-Check Mcal HMO IEHP Inland Empire Health Plan/4349 201.37$ 201.37$ 12/12/24 Mcal HMO Health Plan of San Joaquin/211395 07/13/24 525,885 Payment-Check QAF/PPGEMT Mcal HMO Health Plan of San Joaquin/211395 220.80$ 220.80$ 12/16/24 Mcal HMO Monarch Healthcare/7 Technology Dr 10/02/24 764,695 Payment-Check QAF/PPGEMT Mcal HMO Monarch Healthcare/7 Technology Dr 220.80$ 220.80$ 12/16/24 Mcal HMO Monarch Healthcare/7 Technology Dr 09/12/24 709,205 Payment-Check QAF/PPGEMT Mcal HMO Monarch Healthcare/7 Technology Dr 220.80$ 220.80$ 12/16/24 Mcal HMO Monarch Healthcare/7 Technology Dr 06/23/24 468,605 Payment-Check QAF/PPGEMT Mcal HMO Monarch Healthcare/7 Technology Dr 220.80$ 220.80$ 12/16/24 Mcal HMO Monarch Healthcare/7 Technology Dr 05/25/24 388,289 Payment-Check QAF/PPGEMT Mcal HMO Monarch Healthcare/7 Technology Dr 220.80$ 220.80$ 12/16/24 Mcal HMO Monarch Healthcare/7 Technology Dr 09/03/24 679,883 Payment-Check QAF/PPGEMT Mcal HMO Monarch Healthcare/7 Technology Dr 220.80$ 220.80$ 12/16/24 Mcal HMO Monarch Healthcare/7 Technology Dr 10/10/24 791,843 Payment-Check QAF/PPGEMT Mcal HMO Monarch Healthcare/7 Technology Dr 220.80$ 220.80$ 12/16/24 Mcal HMO Monarch Healthcare/7 Technology Dr 09/21/24 733,186 Payment-Check QAF/PPGEMT Mcal HMO Monarch Healthcare/7 Technology Dr 220.80$ 220.80$ 12/05/24 Mcal HMO Molina Healthcare/22702 01/05/24 6,600 Payment/Elect QAF/PPGEMT Suppl Mcal HMO Molina Healthcare/22702 245.00$ 220.80$ 12/03/24 Mcal HMO Molina Healthcare/22702 10/03/24 771,998 Payment/Elect QAF/PPGEMT Suppl Mcal HMO Molina Healthcare/22702 286.01$ 220.80$ 12/26/24 Mcal HMO BS Promise Health Plan /272660 11/29/24 924,445 Payment/Elect QAF/PPGEMT Mcal HMO BS Promise Health Plan /272660 344.85$ 220.80$ 56
PPGEMT Activity Detail
2024
Dollars
Collected # of Trips
Dollars
Collected # of Trips
Dollars
Collected # of Trips
Dollars
Collected # of Trips
Medi-Cal $199,161.60 902 $84,787.20 384 $21,859.20 99 $77,942.40 353 Mcal HMO $2,053,407.24 3046 $3,334,892.04 3883 $3,712,890.72 4570 $2,817,644.40 3849 Dual Bene $271,321.73 842 $454,086.29 1158 $565,916.18 1473 $283,212.34 1142 Total $2,523,890.57 4790 $3,873,765.53 5425 $4,300,666.10 6142 $3,178,799.14 5344 AprilJanuaryFebruaryMarch
Dollars
Collected # of Trips
Dollars
Collected # of Trips
Dollars
Collected # of Trips
Dollars
Collected # of Trips
Dollars
Collected # of Trips
$397,706.40 420 $2,309,482.56 3048 $215,897.80 228 $249,986.88 264 $354,148.08 374 $2,759,138.28 3390 $4,497,923.10 5636 $3,072,670.84 3319 $2,300,237.64 2535 $2,986,468.60 3189 $787,087.34 1702 $942,154.56 2449 $1,588,651.72 3470 $567,647.95 1232 $686,456.10 1464 $3,943,932.02 5512 $7,749,560.22 11133 $4,877,220.36 7017 $3,117,872.47 4031 $4,027,072.78 5027 November DecemberAugustSeptemberOctober
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F.Implementation and Timeline
Project Plan
Implementation Timeline
Wittman Enterprises is prepared and qualified to effectively meet all elements described within this RFP detailed in the Scope of Services section in accordance with all applicable local, state, and federal laws and within the policies of the City of Fairfield.
If we are fortunate enough to earn your EMS partnership, your transition plan will be customized to meet and exceed your needs and expectations as our experience has shown that no two transitions are the same. Our transition process is built around five key steps that will be facilitated by your Customer Success Executive, Jennifer Gentry, and the entire Wittman Project Management Team. It is designed to systematically address all required deliverables for a timely and orderly transition:
from Medicare, Medi-Cal, and insurance transfer requirements to the interfacing of all software systems-all leading to the successful go-live date estimated in the timeline and schedule created with you. As your future EMS billing and collections partner, Wittman will collaborate closely with you during the operational implementation process, ensuring a smooth transition. Regular meetings throughout the transition period focus on the items and tasks necessary for our transition partnership. Ongoing communications include conference calls and regular correspondence ensuring we meet required deadlines from your customized schedule so that your EMS program deadlines are met.
As a result of our business model, you will find that most of our processes are customizable to the needs of the Fairfield. Through our 34 years of experience, we have learned that each EMS organization functions differently and has unique expectations and needs. We have elected to not advise you how you must change to meet our needs; instead, we have chosen to embrace that uniqueness and develop your billing program to meet and exceed your requirements and expectations.
Transition Timeline Estimate
Our billing system is easily customized, and we can complete set procedures within 48 hours of award of contract. As part of our regular processes, we maintain complete account receivables, payment collection, and balance records on each patient. The countdown to “flipping on the billing switch” is completed in the few milestone steps shown on the following page. 58
STEP 3
15 Days
Ramping Up
•Complete overlapping and remaining tasks from Step 1 and Step 2 •Gather banking information and materials and make necessary transfers of information
•Set up the Agency's personnel on Client Portal, FTP site, etc. •City and vendor ramp-up meetings (as needed)
STEP 4
Go-Live
Go-Live
•Accept live data via ePCR interface
• Transmit electronic claims to Medicare, Medi-Cal, etc. •Agency and vendor ramp-up meetings (as needed)
STEP 5
6 Months
Analysis
•Conduct comprehensive process, compliance, and documentation analyses
•As needed, provide the Agency’s EMS personnel comprehensive billing compliance and documentation training
STEP 2
15 Days
Reporting Program
•Customizing the County's Reporting Program
Award of Contract U
Welcome, Introductions, Gather Information
•Fully-executed Contract and Business Associates Agreement (BAA) Gather Information
•Gathering of company specifics, demographic information, pay-to address requirements, etc.
Begin Transition Billing Immediately
•Completion of transfer documents with Medicare, Medi-Cal, and other insurance
•Assembling of the Agency's policies: Add to Wittman department procedures
•Wittman department manager and customer service briefings on the Agency's policies and procedures
•Ramp-up meetings (as needed)
ePCR Interface
•Mapping and Interfacing between the Agency's current ePCR (Imagetrend) and Wittman’s billing system.
•Attaining necessary logins, passwords, credentials, permissions • Testing ePCR interfaces for the System’s EMS Billing Program •Agency, vendor, and ePCR ramp-up meetings (as needed)
STEP 1
30 Days
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Sample Project Punch List
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Sample Billing Start-Up Billing Program Deliverables
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G.Customer Service Standards
Customer Services Availability
Wittman provides customer service representatives from 8:00 am to 4:30 pm, Pacific Time, Monday through Friday, excluding major holidays. Our toll-free number has multiple lines available for patients, clients, insurance companies, attorneys, and third parties to call for information or to discuss account status. Our system accepts voice mail messages and routes calls to appropriate people and/or voicemail boxes 24 hours per day. It was recently upgraded and our Verizon router replaced, and the system updated, ensuring the most effective solution and intuitive routing of calls both for Fairfield and your patients. All our calls are handled from our Rancho Cordova, CA office:
none of our internal or external calls are offshored.
EMS Partner Satisfaction
The City of Fairfield will count on Wittman to conduct diligent, regular, and uninterrupted billing and collection services in a professional, businesslike manner. Our personal approach and higher levels of service greatly exceed industry standards. Your expectations and overall satisfaction are attained through ongoing and regular training, continuous improvement, and our comprehensive auditing program. Our comprehensive and ongoing training program allows us to continuously improve the business activities that we conduct on behalf of the City and ensure that you continue to receive the maximum legal reimbursement available. The secret to our clients’ successful reimbursement is ultimately the personal attention we give to each of their accounts. Simply put, it is the dedication to our process that combines the best in technology with the commitment of people to perform the demanding work necessary to pursue elusive insurance Payers, successfully appeal Medicare and insurance denials, and work effectively through difficult reimbursement issues such as Medicaid cutbacks. The significant efforts we undertake as commitment to our EMS partners allow us to meet and exceed client expectations (and requirements as set forth in your RFP) and achieve high client/customer satisfaction. We stand behind the work we conduct on behalf of our clients and work closely with each of them to make sure they are completely satisfied with our performance.
Alternative Language Capabilities
We employ several Spanish, Chinese, and Vietnamese-speaking Customer Service representatives in management and non-management positions. Such valuable resources provide your patients with the highest quality of service possible. On rare occasions, if a patient speaks a language we are not staffed to service, we utilize Language Line Services to assist those customers effectively.
Workload Accomplishment
Our EMS billing and collection success is tied directly to the ratio of PCRs to the number of people assigned to your project. This is the key to your (and our) success. Wittman innovates by fully embracing automated and technological advances while recognizing that our quality service is reliant upon our talented people providing you the best of services. Through training, forecasting, hiring, and expansion of our EMS partner base, we constantly maintain our ideal staffing ratio of approximately 4,000 claims-per-staff (compared to 8,000-12,000 or more claims-per-staff from our competitors).
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Industry Compliance Training
We participate in a training partnership with the State of California (ET17-0248) that mandates significant training hours and topics to improve skills, accuracy, and customer service. Approved topics include Class/Lab/E-Learning hours including Business Skills (Business Communication, Customer Service, Data Entry); Commercial Skills (Anatomy, Medical Terminology, ICD-10, Errors and Exceptions, HIPAA, Billing, Medicare/Medi-Cal); Computer Skills (ZOLL, DocuWare, Noridian, Novitas); Management Skills (Team Building, Leadership, Decision Making).
Wittman Enterprises Training Program: New Hires
Our comprehensive and ongoing training program allows us to continuously improve the way we conduct our clients’ business and get them the maximum in legal reimbursement available.
Initial Training: Employees begin with a minimum of four weeks’ training on general concepts required of their position including: our billing software system, office and position procedures, ambulance billing rules and regulations, identifying key payers, ambulance billing best practices, HIPAA, industry standards, customer service, billing, Medicare, Medi-Cal, and Private Insurances.
Trainees are not advanced in the program until they have demonstrated competence in all required areas. If they are unable to show the required competence, employees are provided with extra training opportunities and/or dismissed if necessary.
Secondary Training: The next phase of training runs for another four weeks, emphasizing the practical portion of the employees’ job and preparing them to conduct their position under direct supervision. At this point, the employees “shadow” senior staff, applying what they have learned so far. More specialized concepts such as “ALS” and “BLS” are introduced and mastered along with workflow management (organizing and prioritizing), ambulance coding, data entry, and common industry abbreviations. There is significantly more hands-on training in this section than in the initial period.
100% Auditing and Training: After successfully completing the first eight weeks of training, staff operate independently under direct supervision. During this time, new employees and their work product are 100% audited until the employee exceeds a minimum of 90% error-free performance consistently. Regular one-on-ones and training sessions are conducted to ensure the minimum amount of human error. Later, our auditing team routinely and randomly audits between 10% and 20% of staff and their work each week.
Certified Ambulance Coders: As part of the EMS|MC family of companies, including Paige, Wolf- berg, and Worth (PWW) and NAAC Ambulance Coding, all Wittman Enterprises and EMS|MC billing and coding staff are NAAC-certified professionals, maintaining their competency by completing their annual continuing education requirements. We demand all our staff observe in practice all the requirements to comply with applicable federal, state, and local laws/regulations as they apply to the services we provide, including maintaining confidentiality for all medical and patient information in accordance with HIPAA rules.
Wittman Enterprises Training Program: Continuous Improvement Team Training: Each of our teams meet weekly to go over and document training topics, industry and job-specific updates, staff questions, and SOP reviews. Agenda items typically include Case Studies/Best Practices; Industry/Job Training and Updates; CMS Updates Coding/ICD-10 Training; Medical Necessity; Errors and Exception Reporting.
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Continuing Education: Wittman employees are required to not only stay current on industry and in-dividual job requirements, but to push their learning curve through continuing education and to bring our clients the best qualified staff in the industry. In-House Program includes topics like: Tele- phone Doctor: Continuous Customer Service Training; Business Communications; The 7 Habits of Highly Effective Mangers; NAAC certification programs.
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H.Fee Structure
Cost Statement
Please keep in mind that we are committed to competitive fees for our clients; however, we are not always going to be the cheapest. As part of our business model, we have chosen to charge our clients a fair market rate that allows us to maintain a superior level of service with staffing levels that provide both exceptional collection results and unmatched customer service. Reducing fees to “beat” the competition would mean that we could not provide the level of customer service and performance on which our company is built. We will collect more for you than our competitors, using our 34-year commitment to putting the right people to the task, doing the job thoroughly and doing it the right way and (at the same time), providing the best in client AND patient services.
Fee Proposal
Wittman Enterprises LLC is pleased to offer The City of Fairfield all billing, collections, financial reporting, and accounts receivable management described in our proposal based on the following schedule. Proposals are valid for 120 days following submission. The proposed fees are based on City-provided payer mix estimates, rates, payer reimbursement rates at the time of this RFP, and our many years of local experience as California billing Partners.
Services Fee
EMS Billing and Collection Services 2.99% of net collections Note: The Proposed Fee Rates are dependent upon the City’s participation in the Public Provider Ground Emergency Medical Transport Intergovernmental Transfer Program (PPGEMT-IGT).
Note: Wittman Enterprises LLC provides complementary annual revenue enhancement training for EMS and financial staff as requested. This includes four (4) hours of teleconference, online seminar, or TEAMS- facilitated training for Fairfield general staff, and six (6) hours for EMS/EMS Management. Additional and/or onsite training as requested by Fairfield will be at the contracted rate of $150 per hour (personnel rate) plus associated travel expenses.
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I.Compliance and Certifications
Compliance and Certification Statement
As part of the EMS|MC group, Wittman Enterprises has direct access to our consulting division, PWW Advisory Group (PWW|AG) and their NAAC program, which assesses and drives transformational change and adopts best practices to serve patients better and their communities.
Our entire team brings a deep understanding of the industry and its complexities because we have been in it for decades. With our insight and the expertise of our advisory and compliance group, we help you navigate compliance and operational challenges.
Through PWW|AG, our clients gain access to industry-leading national academy of Ambulance Compliance (NAAC), accredited education and training on topics affecting the EMS and mobile healthcare industries. All Wittman Enterprises/EMS|MC billing and coding staff are NAAC-certified professionals and maintain their competency through annual continuing education requirements.
NAAC provides and accredits a wide range of continuing education programs throughout the year, both in the classroom and via online offerings. Wittman and the entire EMS|MC group comply with all applicable federal, state, and local laws/regulations as they apply to the services we provide including maintaining confidentiality for all medical and patient information in accordance with HIPAA rules. Finally, we maintain current auditing certifications for SSAE18 Soc 2, Type 2 with annual renewals.
Availability of Records
As part of our services, Wittman Enterprises fulfills multiple types of record requests with complete adherence to HIPAA and other privacy laws.
•Customer contact notices: All customer contacts via our bill schedule of events, and via phone call and other correspondence, are tracked automatically by our billing system in the various history and activity sections. These are permanent records and cannot be removed from the billing system.
•Customer mailing: Copies of mailed correspondence to and from patients are logged automatically into our billing system and/or in our records management system (DocuWare). •Small claims/bankruptcy filings: All our efforts on accident-related accounts, bankruptcies, small claims, etc., are logged automatically into our billing system and/or in our records management system. It takes many hours of correspondence and re-billing to the bankruptcy courts to get our clients’ payments that otherwise would be written off by our competitors. •Subpoena and records requests: We manage patient records requests following all HIPAA regulations. Attorney subpoena requests are managed according to each clients’ preferences. If we are managing these requests on your behalf, we employ ChartSwap as the standard platform where attorneys and other approved client representatives may attain subpoenas for records requests. •Incident history: Our billing program logs and keeps forever all incident billing activity and records as part of its programming.
•Client Portal Access: Our clients each have access to our Client Portal, which is a direct view into our billing system. All the history and activity of accounts are available to authorized client users of our Portal System.
•Client Requests: In addition to your Client Portal access, Fairfield will work directly with your assigned Customer Service Executive (Jennifer Gentry) to allow us to fulfill any requests you may have for records on trip-level incident information.
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HIPAA and Privacy Statement
With recent news that a competitor experienced a breach of their security protocols, resulting in the unauthorized attainment and alleged disclosure of HIPAA-protected personal patient information, Wittman Enterprises assures you that, as a matter of practice, we exceed current HIPAA regulation requirements and take every possible precaution to maintain the integrity of private health information. We comply with all CMS regulations and applicable Federal Medicare and State Medi-Cal regulations regarding claim submission and processing.
Data Security
Wittman Enterprises adheres to a defense in depth strategy to protect the confidentiality, integrity, and availability of information across our networks. This includes both policy and technical controls to mitigate the risks of unauthorized access and allowing access only to the minimum necessary for a particular role. We employ the following types of controls: availability, physical security, data security, backups, disaster recovery, and monitoring. Wittman utilizes quarterly PCI- DSS scans to attest to compliance, an annual SSAE-18 audit around business processes, and an annual HIPAA compliance validation from a third-party auditor.
Business Continuity Plan
Our Business Continuity Plan is designed to allow Wittman to continue conducting our clients’ business until recovery from an unforeseen disaster or emergency is accomplished. It defines how we would stay in touch with our clients and with each other, continuing to do our work. The plan 1) documents key personnel and backups, 2) identifies those who can telecommute, 3) documents critical equipment and appropriate off-site backups, 4) identifies critical documents, and 5) identifies contingency equipment options and locations.
Utilizing Veritas Backup Exec software, our electronic computing and storage capabilities are backed up redundantly by a Dell Power Vault 124T with twenty-four terabytes of storage capacity.
Wittman’s network consists of a redundant Raid Ten Array Network Attached Storage, running on two Dell R720 Dual Processor eight core servers on Windows Server in an active/passive cluster mode. Wittman uses RescueNet Billing by ZOLL Data Systems. In the event of a catastrophic event, the software is readily available for us to replace. As an added precaution, all backup and system programs are kept offsite. To minimize any potential down time Wittman contracts with Dell Computers for a maximum of 4-hour service response time on all our billing servers. In case of an interruption in Fairfield’s (or Wittman’s) ability to transmit or receive ePCRs electronically we maintain the ability to receive information through our secured FTP site. Our IpSwitch Secure FTP Server is the industry-leader in FTP security.
Access to Records
Wittman Enterprises ensures that its use, disclosure of and requests for PHI are in accordance with the Minimum Necessary requirements under HIPAA. We make every reasonable effort to limit the amount of PHI we use, disclose, or request to the Minimum Necessary to accomplish the intended purpose of the use, disclosure, or request.
Internal Use
Wittman’s Privacy Officer is responsible for identifying those persons or categories of people in our workforce who need access to PHI to carry out their duties, and shall for each such person or class:
•Identify the category or categories of PHI to which access is needed for the person or class to carry out their duties
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•Identify any conditions that should apply to each person’s or class’s access to PHI •Ensure that approved personnel shall only have access to PHI when they are on duty. Each department is responsible for overseeing and making reasonable efforts to ensure that personnel under its supervision only obtain access to the limited type of PHI that is required to perform their duties. All requests from any department for changes in access to PHI by its personnel shall be directed to the Privacy Officer for approval.
Routine Disclosure to Third Parties
For disclosures that Wittman Enterprises makes on a routine, recurring basis, we may use protocols that limit the PHI disclosed to the Minimum Necessary to achieve the purpose of the disclosure. The Privacy Officer is responsible for ensuring that all departments and functions within the Organization identify disclosures of PHI that they make on a routine, recurring basis. The Privacy Officer is responsible for assisting each applicable department to create standard protocols to be applied to ensure that routine disclosures only include the Minimum Necessary PHI. Protocols under this section must address the following:
•The protocol must set forth the type of PHI that can be disclosed •The protocol must identify the types or categories of people to whom the PHI identified in the protocol can be disclosed
•The protocol must identify any applicable conditions to provide the disclosure Non-Routine Disclosure to Third Parties
All disclosures that are not routine and recurring must be reviewed on an individual basis in accordance with this section. The Privacy Officer, together with the compliance committee, shall be responsible for developing criteria to be applied to analyze non-routine disclosures to determine the Minimum Necessary PHI that can appropriately be disclosed. All non-routine disclosures must be forward to the Privacy Officer for review and approval prior to making the disclosure. The Privacy Officer shall be responsible for reviewing each such non-routine disclosure and determining the Minimum Necessary PHI that can be included in the disclosure. Finally, the PHYI requested for disclosure by the following entities shall be deemed to be the Minimum Necessary for the stated purpose and do not require individual review by the Privacy Office:
•Disclosures to a public official in accordance with applicable law, if the public official represents that the information requested is the Minimum Necessary •The information is requested by another Health Care Provider, Health Plan, or Health Care Clearinghouse
•The information is requested by a professional who is a member of Wittman’s workforce or is a Business Associate of Wittman Enterprises for the purpose of providing professional services to the Organization, if the professional represents that the information requested is the Minimum Necessary for the stated purpose(s); or
•A person is requesting PHI for research purposes and he or she has complied with the Organization’s policy on research and provides documentation to that effect.
In the event a workforce member believes that a request for a disclosure involving PHI from a person or entity is not the Minimum Necessary, such workforce member must raise his or her concerns with the Privacy Officer. The Officer is responsible for evaluating such requests for disclosure and determining whether it is reasonable for Wittman Enterprises to rely on such request.
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J.California Expertise and AB 716 Compliance
California Experience: Public-Private Partnerships in EMS (Proprietary and Confidential) In many cases these partnerships can increase EMS program efficiency, access to specialized resources, enhanced response capabilities, and quicker patient care. Several cities and fire authorities have combined resources with private ambulance companies following this model. For years Wittman Enterprises has partnered on similar arrangements with Cities, JPAs, EMS Authorities, etc. along with private transporting agencies. Below are a couple of client and partner examples:
•City of San Diego (Falck)•Sonoma County FPD (Medic)
•Sac Metro (AMR)•City of Santa Ana (OCFA)
•City of Westminster (Emergency)•City of Fullerton (CARE) •City of San Clemente (CARE)•City of Hermosa Beach (AMR) California EMS and Fire Partners (Proprietary and Confidential) 69
AB 716 Compliance Statement
California’s balance billing statute AB 716 became effective for all EMS transports on January 1, 2024. Since then, and continuously, Wittman Enterprises has spent countless hours updating and educating our EMS billing partners, designing SOPs around the new requirements, working with California third-party collection agencies on compliance, and updating our billing software to reflect these requirements. Our procedures and our clients’ billing programs have been complying from the beginning of the program.
Specifically (from California Legislative Counsel’s Digest): The new law requires a health care service plan contract or a health insurance policy issued, amended, or renewed on or after January 1, 2024, to require an enrollee or insured who receives covered services from a noncontracting ground ambulance provider to pay no more than the same cost-sharing amount that the enrollee or insured would pay for the same covered services received from a contracting ground ambulance provider. The law prohibits a noncontracting ground ambulance provider from sending to collections a higher amount, limiting the amount an enrollee or insured owes a noncontracting ground ambulance provider to no more than the in-network cost-sharing amount.
As part of our rollout with existing clients and with new clients just starting their billing we recommended and helped implement the following considerations:
•A ground ambulance provider shall not require an uninsured patient or self-pay patient to pay an amount more than the established payment by Medi-Cal or Medicare fee-for-service amount, whichever is greater.
•A ground ambulance provider shall only advance to collections the Medicare or Medi-Cal payment amount, that the uninsured or self-pay patient failed to pay. •The ground ambulance provider, or an entity acting on its behalf, including a debt buyer or assignee of the debt, shall not report adverse information to a consumer credit reporting agency or commence civil action against the individual for a minimum of 12 months after the initial billing regarding amounts owed by the individual.
•With respect to an uninsured patient or self-pay patient, the ground ambulance provider, or an entity acting on its behalf, including an assignee of the debt, shall not use wage garnishments or liens on primary residences as a means of collecting unpaid bills pursuant to this section. •Ground ambulance service providers remain subject to balance billing protection for Medi-Cal beneficiaries under Section 14019.4 of the Welfare and Institutions Code.
Wittman’s billing team of experts works regularly with each client to ensure they have posted their local government-approved EMS Fees on their website; Wittman keeps a current version of each client’s rates and, following AB 716 rules directly, we immediately appeal short-paying insurances (on each and every claim) for the full posted government rate and not according to any usual and customary designation assigned by the payer.
Finally, we have worked with each of our client’s third-party collection agencies ensuring bilateral understanding of the regulations and providing direct contact for any case where further clarification becomes necessary. In short, we collaborated with all shareholders in these sweeping rules changes and have direct and practical knowledge and understanding of AB 716 as a law and in practice for 130 California clients who have complied from the beginning of the program. 70
K.California EMS Reimbursement Programs
California Support: GEMT/QAF/IGT/PPGEMT/AB 716
During the complicated design and implementation of the first California GEMT program, Wittman Enterprises provided leadership and support for our clients throughout the process, working closely with the architects of the program, providing multiple training opportunities for our clients, and designing reports specifically required for applying for these GEMT-type funds. Our continuing industry support is part of the hands-on customer service and resources/support we provide all our California clients for IGT; GEMT (2011); GEMT QAF (2017); PPGEMT-IGT (2019); and currently the new AB 716 (Balance Billing Legislation, 2024).
EMS Reimbursement Programs
With PPGEMT being the primary cost recovery revenue program, priority should always be given to your participation in this program over any others. For example, VRRP is a voluntary IGT that uses a rate range for reimbursement. Like other IGT programs it is capped, so participation is subject to acceptance by the state and not guaranteed. Other IGT programs are similar with the same limitations and overlapping rules and regulations. Keep in mind that if a provider is part of PP- GEMT, and staffs units and/or services with personnel that are included as part of the VRRP program, it will impact your “cap” and reduce the amount of supplemental revenue received through the VRRP program (as it would be construed as double dipping). Because of this distinction, most California agencies do not go down to the VRRP granular level. Wittman Enterprises is well versed in and has helped our California clients evaluate such programs and support any enrollment or participation needs should the go-ahead program decisions be made.
We look forward to evaluating each of these programs with you as part of our work together, as we maximize EMS reimbursement for the City of Fairfield.
Voluntary Rate Range Program (VRRP) - An important distinction of the VRRP is that the program is specifically for “providers” of service not “suppliers” of service. Providers of service would be nurse practitioners, physician assistants, etc.: essentially, other services besides ambulance transportation. Suppliers of service are the first responders and transporters of patients.
Intergovernmental Transfer (IGT) - IGT programs are essentially a mechanism for transferring available government funds. They often require participants to pay a percentage up front, to be received back later if and when there is sufficient headroom to reimburse participants in the approved IGT area. Again, similar IGT programs are capped so that participation is contingent upon state approval, not guaranteed, and subject to available IGT funds.
Public Provider Ground Emergency Medical Transport (PP-GEMT) - Currently this is the best available source of gap funding for lower paying Medi-Cal allowances. It too is an IGT-like program, requiring up front revenue investments from participants to properly fund the program. All versions of these programs in California have been of great importance to Wittman Enterprises as the programs are complicated, requirements are ever changing, compliance is important, auditing support is imperative, and the revenue relies heavily on our ability as billers to properly manage the steps, customized reporting, paperwork, follow-up, and appeals necessary to ensure the maximum legal reimbursement for our California clients. Because we have partnered with all our California partners throughout these processes, each of the providers has been provided with the tools and resources necessary to realize maximum reimbursement to help EMS transport reimbursement.
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EXHIBIT “B”
PAYMENT
1) The total contract price for services rendered by CONSULTANT under this Agreement shall be as specified below:
Services Fee
EMS Billing and Collections Services* 2.99% of net collections *inclusive of First Responder Fee
2) Any additional meetings or work required beyond that set forth in Exhibit “A” shall be mutually agreed to in writing by the CITY and CONSULTANT, and shall be billed on a time and materials basis to the CITY.
3) CONSULTANT shall invoice CITY (percentage of the month’s net collected dollar amount) monthly after the month-end close has been completed.
PROCESSING OF FUNDS
4) Deposits are made directly into CITY’s accounts Monday, Wednesday, and Friday of each week, with deposit slip reconciliations emailed usually the same day, but no later than the day after each deposit to the CITY’s bank account. CONSULTANT maintains deposit-only rights to client bank accounts.
Monthly closes (and subsequent monthly reporting) occur at a predetermined time determined in writing by the CITY prior to agreement implementation (whether from a hard close or a soft close, to reflect as many payments as possible prior to closing). All month-end procedures will be customized to meet the CITY’s accounting needs.
5) Payments made by check are scanned and deposited remotely to the CITY’s bank account (or directly at the bank by designated personnel if remote banking is not a service provided by CITY’s bank).
Cash payments will either be deposited in-person by CONSULTANT at the CITY’s bank or CONSULTANT will write a check to the CITY for the applicable amount and deposit to the CITY’s bank account. For Electronic Funds Transfers required by federal insurance payers such as Medicare, CONSULTANT posts Electronic Remittance Advices to patient accounts immediately upon receipt. Since requirements vary greatly from agency to agency regarding payments and funds received, CONSULTANT works closely with appropriate CITY personnel to optimize this function during the lifetime of the agreement.
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EXHIBIT “C”
GENERAL PROVISIONS
1) INDEPENDENT CONSULTANT. At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONSULTANT only insofar as the results of CONSULTANT's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement. 2) LICENSES; PERMITS; ETC. CONSULTANT represents and warrants to CITY that CONSULTANT has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONSULTANT to practice CONSULTANT's profession. CONSULTANT represents and warrants to CITY that CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONSULTANT to practice his profession.
3) TIME. CONSULTANT shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONSULTANT's obligations pursuant to this Agreement. CONSULTANT shall adhere to the Schedule of Activities as described in their Executive Summary.
4) CONSULTANT NOT AN AGENT. Except as CITY may specify in writing, CONSULTANT shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent.
CONSULTANT shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever.
5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
6) PERSONNEL. CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. 7) STANDARD OF PERFORMANCE. CONSULTANT shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices his profession. All products which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession. CITY shall be the sole judge as to whether the product of the CONSULTANT is satisfactory.
8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONSULTANT. CONSULTANT is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice
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to cease work on the project. CONSULTANT shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY. 9) PRODUCTS OF CONSULTING. All products of the CONSULTANT provided under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS.
a) If AGREEMENT is an agreement for design professional services subject to California Civil Code § 2782.8(a) and CONSULTANT is a design professional, as defined in California Civil Code § 2782.8(c)(2), to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY and its elected officials, officers, agents, employees and designated volunteers (collectively “CITY Indemnitees”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT’s proportionate percentage of fault. CONSULTANT’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT’s percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
b) If AGREEMENT is not an agreement for design professional services subject to California Civil Code § 2782.8(a) or CONSULTANT is not a design professional as defined in California Civil Code § 2782.8(c)(2), to the fullest extent allowed by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY Indemnitees from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONSULTANT or any person directly or indirectly employed by or acting as agent for CONSULTANT in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY Indemnitees.
It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
CONSULTANT’S responsibility for such defense and indemnity shall survive termination or completion of this agreement for the full period of time allowed by law. 11) PROHIBITED INTERESTS. No employee of the CITY shall have any direct financial interest in this agreement. This agreement shall be voidable at the option of the CITY if this provision is violated.
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12) LOCAL EMPLOYMENT POLICY. The CITY desires wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County.
The CITY encourages an active affirmative action program on the part of its contractors, consultants, and developers. When local projects require, subcontractors, contractors, consultants and developers will solicit proposals from qualified local firms where possible.
As a way of responding to the provisions of the Davis-Bacon Act and this program, contractor, consultants, and developers will be asked, to provide no more frequently than monthly, a report which lists the employee's name, job class, hours worked, salary paid, city of residence, and ethnic origin. 13) CONSULTANT NOT A PUBLIC OFFICIAL. CONSULTANT is not a "public official" for purposes of Government Code §§ 87200 et seq. CONSULTANT conducts research and arrives at his or her conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONSULTANT possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel. 14) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONSULTANT in the amount of $600 (six hundred dollars) or more in any one calendar year, CONSULTANT shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONSULTANT is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non-profit corporation or other form of organization.
b) If CONSULTANT is doing business as a sole proprietorship, CONSULTANT shall provide the full name, address and social security number of the sole proprietor. c) If CONSULTANT is doing business as other than a sole proprietorship, CONSULTANT shall provide CONSULTANT’S federal tax identification number.
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EXHIBIT “D”
INSURANCE REQUIREMENTS
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. 1) MINIMUM SCOPE AND LIMITS OF INSURANCE
a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $1,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability coverage (Form CA 00 01 with Code 1 – any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage. c) Workers’ Compensation insurance as required by the State of California and Employers’ Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease. 2) INDUSTRY SPECIFIC COVERAGES
If checked below, the following insurance is also required.
Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.
Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence Fidelity / Crime / Dishonesty Bond in the minimum amount of $____________ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
Builder’s Risk / Course of Construction Insurance in the minimum amount of $__________.
3) INSURANCE PROVISIONS
a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers
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liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. ii) For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be in excess of the CONSULTANT’S insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
iv) The CONSULTANT’S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the CITY.
vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT’S policy limits of coverage.
Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. c) ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.
VERIFICATION OF COVERAGE. CONSULTANT shall furnish the CITY with original endorsements effecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to CITY approval; and submitted electronically via email at [email protected]. All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. d) SUB-CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANT to verify existence of sub- contractor’s insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.
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Exhibit "E "
PCI COMPLIANCE for THIRD PARTY SERVICE PROVIDER (TPSP)
Wittman Enterprises, LLC, (“Vendor”) agrees to the following with the City of Fairfield (“City”)
1.Demonstrate PCI Compliance
PCI DSS Compliance. In the event any Vendor engages in payment card transactions as a part of the services provided to the City, Vendor shall comply with the Payment Card Industry Data Security Standards (“PCI DSS”) and any amendments or restatements of the PCI DSS during the Term of this Agreement. Vendor accepts responsibility for the security of the City’s and/or any customer’s credit card data in its possession, even if all or a portion of the services to City are subcontracted to third parties.
Vendor covenants and agrees to comply with Visa’s Cardholder Information Security Program/CISP, MasterCard’s Security Data Program and SDP Rules, and with all other credit card association or National Automated Clearing House Association (NACHA) rules or rules of member organizations (generally “Association”), and further covenants and agrees to maintain compliance with the Payment Card Industry Data Security Standards (PCI DSS), MasterCard Site Data Protection (SDP), and (where applicable) the VISA Payment Application Best Practices (PABP) (collectively, the “Security Guidelines”).
Vendor shall provide documentation to the City on the following:
a)Level 1 or 2 Compliant: Vendor shall prove the ability to be PCI DSS Service Level 1 or 2 compliant, and that Vendor has proven the ability to not only process credit cards in large volume, but also maintain the highest level of security. b)Statement on Standards for Attestation Engagements (SSAE) 18 Compliant: Vendor shall prove they are SSAE 18 compliant.
c)Cybersecurity Insurance Policy as listed in Insurance Section of the Agreement d)Within 10 days of execution of the contract, Vendor shall provide an Attestation of Compliance (AOC). Vendor shall annually attest to their PCI DSS security compliance by providing the AOC on the anniversary date of this addendum each year or on the AOC renewal date.
e)Vendor shall provide a written acknowledgement of responsibilities for PCI controls. The acknowledgement shall provide that Vendor will maintain, on an on-going basis, all applicable PCI DSS requirements to the extent Vendor handles, has access to, or otherwise stores, processes, or transmits City customers’ cardholder data or sensitive authentication data or manages the City’s cardholder data environment on behalf of the City.
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f) Within 30 days of any new Payment Card Industry Data Security Standards (PCI DSS) requirements, as issued by the PCI Security Standards Council, Vendor shall provide an updated written acknowledgement of responsibilities to include the new PCI DSS requirements.
g) Within 30 days of contract execution, Vendor shall provide a copy of the Vendor’s Incident Response Plan (“IRP”) that will be implemented in the event of system and/or data breach/compromise. The IRP must be tested and updated at least annually. The IRP shall include but not be limited to:
i. Roles, responsibilities, contact names and communication strategies in the event of a data breach/compromise, including notification to the City and the payment card brands (such as Visa and MasterCard).
ii. Specific incident response procedures.
iii. Business recovery and continuity procedures.
iv. Data back-up processes.
v. Analysis of legal requirements for reporting compromises
vi. Coverage and responses of all critical system components.
vii. Reference or inclusion of incident response procedures from the payment card brands (such as Visa and MasterCard)
h) Vendor shall maintain an inventory of its system components, including, but not limited to:
hardware, software, payment devices and locations which are part of its Cardholder Data Environment. Within 30 business days, upon request by the City, Provider shall provide inventory documentation for all its systems components.
i) The City will review and verify Vendor’s written acknowledgment of responsibilities for PCI controls, as stated above, at least once a year. Failure of the City to review and verify the written acknowledgment of responsibilities for PCI controls shall not invalidate this Appendix, nor shall it relieve Vendor of their duties under this Appendix.
2. Security Incident
Vendor shall inform the City of any security incident or data breach.
a) Incident Response: Vendor may need to communicate with outside parties regarding a security incident, which may include contacting law enforcement, fielding media inquiries and seeking external expertise as mutually agreed upon, defined by law or contained in the contract. Discussing security incidents which the City should be handled on an urgent as- needed basis, as part of Vendor’s communication and mitigation processes as mutually agreed upon, defined by law or contained in the contract.
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b) Security Incident Reporting Requirements: Vendor shall report a security incident to the appropriate City contact immediately as defined in the Service Level Agreement (SLA.)
c) Within 3 business days after the initial incident report: Provide City with a written updated report that summarizes the results of the investigative action and corrective/remedial action taken.
3. Breach Responsibilities
This section only applies when a data breach occurs with respect to personal data within the possession or control of the Vendor.
i. Vendor shall immediately notify the appropriate City contact person by telephone and email in accordance with the agreed upon security plan or security procedures if it reasonably believes there has been a security incident.
ii. Data Breach Reporting Requirements: If Vendor has actual knowledge of a confirmed data breach of the security of the system of the City, Vendor shall (1) promptly notify the City as soon as the breach is discovered by email and telephone but in no cases longer than 24 hours after discovering the breach. Vendor shall take reasonable measures to address the data breach immediately. “Breach of the security of the system” shall have the same meaning as the term is described in California Civil Code section 1798.29(f)
iii. Vendor shall promptly notify the appropriate City contact within 24 hours or sooner by telephone, unless shorter time is required by applicable law, if it confirms that there is, or reasonably believe that there has been a data breach. Vendor shall (1) cooperate with the City as reasonably requested by the City to investigate and resolve the data breach, (2) promptly implement necessary remedial measures, if necessary, and (3) document responsive actions taken related to the data breach, including any post-incident review of events and actions taken to make changes in business practices in providing the services, if necessary.
iv. Unless otherwise stipulated, if a data breach is a direct result of Vendor’s breach of its contract obligation to encrypt personal data or otherwise prevent its release, Vendor shall bear the costs associated with (1) the investigation and resolution of the data breach (2) notification to individuals, regulators or others as required by state or federal law; (3) a credit monitoring service as required by state or federal law; and (4) a website or a toll-free number and call center for affected individuals as required by state or federal law;
v. Assistance in Litigation or Administrative Proceedings. Vendor shall make itself, and any subcontractors, employees, or agents assisting Vendors in the performance of its obligations under the Contract or Addendum, available to City of Fairfield, at no cost to City of Fairfield, to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings being commenced against City of Fairfield, its directors, officers, or employees based upon a claimed violation of applicable privacy and security laws and regulations except where Vendor or its subcontractor, employee or agent is a named adverse party.
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PCI COMPLIANCE for THIRD PARTY SERVICE PROVIDER (TPSP)
END OF EXHIBIT
EXHIBIT "F"
SOC 2 Reporting Requirements
This Exhibit F (the "Exhibit") forms an integral part of the Agreement between Wittman Enterprises, LLC (the "Vendor") and the City of Fairfield (the "City"), effective as of the signing of the agreement.
1. Purpose
The purpose of this Exhibit is to establish the Vendor ’s obligation to provide the City with a Service Organization Control 2 (SOC 2) Type II Report (the "Report") to demonstrate the Vendor ’s compliance with industry standards for security, availability, processing integrity, confidentiality, and/or privacy.
2.SOC 2 Reporting Requirements
2.1 Frequency of Report Delivery
The Vendor shall provide the City with a SOC 2 Type II Report every two (2) years, measured from the effective date of this Agreement or the date of the last delivered Report, whichever is later.
2.2 Scope of the SOC 2 Report
The SOC 2 Report shall:
•Be prepared by an independent, licensed Certified Public Accountant (CPA) or firm qualified to perform SOC 2 audits.
•Cover the technology services provided under this Agreement, as agreed upon by both parties. •Include details regarding any identified deficiencies or areas for improvement, along with the corrective actions implemented.
2.3 Timely Submission
The Vendor shall ensure that each SOC 2 Report is delivered to the City no later than sixty (60) calendar days after the end of the reporting period.
3.Cost and Responsibilities
3.1 Vendor Responsibility
The Vendor shall bear all costs associated with the preparation and submission of the SOC 2 Report.
3.2 Cooperation
The Vendor shall provide the necessary access, documentation, and support to the auditors to ensure the timely and accurate preparation of the SOC 2 Report.
4. Review and Remediation
4.1 Review of the SOC 2 Report
Upon receipt of the SOC 2 Report, the City shall review the findings. If the Report identifies any material deficiencies, the Vendor shall provide a detailed remediation plan within thirty (30) calendar days of the City’s request.
4.2 Failure to Comply
Failure to deliver a SOC 2 Report, remediate deficiencies, or otherwise comply with the terms of this Exhibit may be considered a material breach of the Agreement, subject to the remedies set forth in the Agreement.
5. Confidentiality
The SOC 2 Report shall be treated as confidential information under the terms of the Agreement and used solely for the purpose of verifying the Vendor’s compliance.
Agenda Item No: L.4
AGENDA REPORT
DATE: September 16, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2025-193 CM Potential Ballot Measures for the Transaction and Use Tax (Sales Tax) Rate Increase
Approving an Agreement with Probolsky Research and William Berry Campaigns for Consulting Services to Assist with Public Engagement, Community Outreach and Messaging for Potential Ballot Measures for the Transaction and Use Tax (Sales Tax) Rate Increase
Funding Source: $167,500; General Fund
Contact: Farbod Pirouzmand, (707) 428-7397
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
It is recommended that the City Council authorize the city manager to enter into an agreement with Probolsky Research and William Berry Campaigns for public engagement, community outreach and messaging services pertaining to potential ballot measures for e lections in November 2026.
DISCUSSION
The most recently adopted budget requires spending reserve funds to maintain minimal levels of service. Continuing declines in City revenues have caused the council to consider hybrid options for budget reductions such as cost reductions and exploring revenue options. Staff have explored ways to improve the City’s fiscal condition and have determined reductions in training and travel budgets, reductions in operational budgets, freezing vacant positions, and executive team to receive reduced cost of living adjustments.
Staff presented an update to the council on May 6, 2025, council meeting, and a copy of the staff presentation is included as Attachment 5. At that meeting, the council directed staff to proceed with public outreach and ballot measure preparation. To ensure the electorate is well-informed
about the implications of the potential tax measures and to gather community feedback on support for such a measure, the City seeks professional public outreach services. The mayor appointed Councilmembers Panduro, Tonnesen and Williams to work with staff on selecting the public outreach consultant.
After the May 6 council meeting, staff issues a Request for Proposal (RFP) to research potential firms specializing in public outreach and ballot measure preparation. The City received five qualified responses in response to the RFP. Of the five firms, staff and participating council members recommend proceeding with Probolsky Research and William Berry Campaigns.
Probolsky Research and William Berry Campgains are a strategy and communications consulting firm specializing in gathering statistically valid polling data, implementing informational communication strategies and developing revenue measures for the ballot. Their work has resulted in additional revenue for quality public services, programs, facilities, and infrastructure in communities throughout California. Their partners and consultants have experience with successful public finance ballot measures and a success rate of over 90% of revenue measures for cities. Their previous clients include the cities of Benicia, Dixon and Suisun City.
Probolsky Research and William Berry Campaigns would assist the City in assessing the basic viability of the tax measure, developing and implementing a public information and outreach program to educate the community, and building the ballot measure language as well as other documents required for the ballot for a fee not to exceed $167,500 plus any reimbursable business expenses, such as travel, postage, and printing. All expenses can be absorbed into the current year’s budget.
The communication materials produced by the consultant will be for educational purposes only and are not allowed to include any advocacy. The materials will only be used to supply voters with information in a neutral and non-biased manner to aid the public in becoming educated about the measure. All materials will be approved by City staff before distribution.
FINANCIAL IMPACT
There is currently $167,500 available in the General Fund for this project.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve this contract.
COORDINATED WITH
City Attorney’s Office and the Finance Department
STAFF CONTACT
David Gassaway, City Manager
(707) 428-7400
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Agreement
Attachment 4: Staff Presentation Slides from May 6, 2025
CITY OF FAIRFIELD
RESOLUTION NO. 2025-193
APPROVING AN AGREEMENT WITH PROBOLSKY RESEARCH AND WILLIAM BERRY CAMPAIGNS
FOR CONSULTING SERVICES TO ASSIST WITH PUBLIC ENGAGEMENT, COMMUNITY OUTREACH
AND MESSAGING FOR POTENTIAL BALLOT MEASURES FOR THE TRANSACTION AND USE TAX (SALES TAX) RATE INCREASE
WHEREAS, on May 6, 2025, City Council meeting, the council directed staff to engage a consulting firm to lead and assist with the public engagement, community outreach and messaging for development of educational materials; and
WHEREAS, on May 27, 2025, staff issued a Request for Proposal (RFP) and received five qualified responses; and
WHEREAS, it is estimated that a consultant will cost up to $167,500 depending on the public engagement and education materials and efforts required. This will be funded from unallocated fund balance.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The city manage is hereby authorized and directed to execute on behalf of the City of Fairfield the agreement for consulting services to assist with public engagement, community outreach and messaging materials for a potential Transaction and Use Tax (Sales Tax) Rate increase measures to be placed on the June 2026 or November 2026 ballot with Probolsky Research and William Berry Campaigns for.
Section 2. The city manager or authorized designee is hereby authorized to execute contract for an amount not to exceed $167,500.
Section 3. The city manager or authorized designee is hereby authorized to do all things necessary to implement the above-mentioned contract.
RES. NO. 2025-193
PASSED AND ADOPTED this 16th day of September 2025, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/TONNESEN/SANDHU/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made at Fairfield, California, as of ________________, 2025, by and between the City of Fairfield, a municipal corporation (the “CITY") and Probolsky Research and William Berry Campaigns ("CONSULTANT"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit “A,” which consists of the proposal submitted by CONSULTANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit “A.”
2) PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit “B.” The payments specified in Exhibit “B” shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement.
CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit “B.” 3) FACILITIES AND EQUIPMENT. CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4) GENERAL PROVISIONS. The general provisions set forth in Exhibit “C” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit “D” shall control. 6) BUSINESS LICENSE. The CONSULTANT shall obtain and keep current a business license for work within the City of Fairfield pursuant to Chapter 10B of the Fairfield City Code, with respect to the gross receipts received pursuant to this Agreement. No payments shall be made to any SERVICE PROVIDER until such business license has been obtained, and all fees paid therefore, by the CONSULTANT. Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, (707-428- 7509) and online at www.fairfield.ca.gov/biz .
7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
8) TERM. This agreement shall be in effect through December 31, 2026. 9) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court. 10) Where applicable, vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of Docusign Envelope ID: 4FEAFA59-DF0E-4E11-95F7-F5112B833918
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air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets
11) ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT.
This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 12) COUNTERPARTS. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 13) NOTICES. This Agreement is managed and administered on the CITY’s behalf by the individual named below. All invoices must be submitted and approved by this individual and all notices shall be given to the CITY using the following contact information:
CITY Contact: David Gassaway
E-mail: [email protected]
Address: 1000 Webster Street, Fairfield CA, 94533
Telephone: (707) 428-7398
Notices must be given to CONSULTANT at the following:
CONSULTANT Contact: Adam Probolsky
E-mail: [email protected]
Address: 100 Pine Street Suite 1250 San Francisco, CA 94111 Telephone: (415) 870-8150
CONSULTANT Contact: William Berry
E-mail: [email protected]
Address: 5026 Sudbury Way Sacramento, CA 95608
Telephone: (916) 508-8215
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EXECUTED as of the day first above-stated.
City of Fairfield, a municipal corporation
By:__________________________________
David Gassaway, City Manager
CONSULTANT
By:___________________________________
Adam Probolsky, Probolsky Research
By:___________________________________
William Berry, William Berry Campaigns
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EXHIBIT “A”
Exhibit “A”
July 7, 2025
David Gassaway
City of Fairfield
1000 Webster Street, 4th Floor
Fairfield CA 94533
Subject: Ballot Measure Public Outreach
Consultant Services
David:
Thank you for the opportunity to offer our research and strategy services to the City of Fairfield. We look forward to conducting two voter surveys. First survey to assess voter propensity for a sales tax measure to the June or November 2026 ballot, and a second survey to identify the impact of education and outreach should the decision be to bring the measure to the November 2026 ballot.
Bill Berry Campaigns has deep knowledge of Fairfield’s voters and values, we are uniquely qualified to support the City’s 2026 sales tax measure effort with the data, strategy, and creativity required to succeed. No other firm has our track record in Solano County.
In 2024, Probolsky Research collaborated with Bill Berry Campaigns for the City of Benicia to achieving the highest percentage of "yes" votes for a local tax measure in the state.
We ran the campaign, conducted the polling, or both for the each of the following successful projects: Fairfield- Suisun Unified School District bond measure, Solano Community College District bond, City of Benicia, City of Dixon, and Suisun City taxes and a successful bond measure for the Dixon Unified School District We don't just run ballot measure public outreach campaign — we run engaging, creative and ethical public education efforts grounded in behavioral science, tested messaging, and data-driven strategies.
We apply principles such as loss aversion, readability, and social proof to help voters make informed decisions — and to help cities establish lasting trust.
We are ready to partner with Fairfield to:
Conduct statistically valid surveys of registered voters Design and implement a multi-phase public information campaign Create compelling, multilingual content across print, digital, and live formats Provide ballot measure language guidance, FAQs, messaging, and outreach materials Track and report outcomes, adapt strategies, and help ensure voter understanding Probolsky Research is a national firm, based in California. We have acted as a pollster and strategic advisor on thousands of city and county voter research projects. We specialize in identifying community priorities, testing funding measures, and analyzing voter sentiment to inform successful revenue strategies. Our methodological approach will achieve an inclusive representation of the City’s voters who are likely to vote in upcoming elections.
Our team includes communication, data analytics, economics, organizational leadership, political campaign, and public policy experts. Having these talents in one team means that we can take a 360-degree approach to our work for local government. We achieved 100% accuracy and a win rate for local ballot measures in 2024. We do not rely solely on our academic credentials, our differentiator is that we have run and won campaigns. We know the City will not advocate for a ballot measure, but having a clear understanding of voter behavior in the early stages of the research process cannot be compensated for later.
Our disability and diversity advisor will help ensure the research process is sensitive to those with physical disabilities and fully inclusive. Dr. Adam Probolsky will serve as the project manager for Probolsky Research, Bill Berry will serves as project manager for William Berry Campaigns.
William Berry
William Berry Campaigns
5026 Sudbury Way
Sacramento, CA 95608
[email protected]
916-508-8215
Adam Probolsky, President
Probolsky Research
100 Pine Street Suite 1250
San Francisco, CA 94111
[email protected]
415-870-8150
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IMPORTANT: Probolsky Research is the only non-partisan polling firm in California. We do not approach local ballot measures with a specific political philosophy because we know success can only be achieved with a coalition among all Fairfield voters.
You can count on us to be available, as much as requested, for meetings and to make presentations – in- person or virtually to staff and the City Council. We will comply with all agreement and insurance requirements.
We look forward to working together on this important project and helping build the roadmap to your strategic goals and priorities.
Probolsky Research Federal Taxpayer Identification Number: 208136277 Conflict of interest: We do not have any direct or indirect financial interest in any Consultants who may subsequently submit Proposals to the City for related work.
Probolsky Research and William Berry Campaigns confirm that we have reviewed the Professional Services Agreement attached as Appendix A and agree to all terms and conditions therein. We take no exceptions. We acknowledge receipt of the Responses to RFP Questions.
On a personal note [from Bill Berry], my history with the City of Fairfield runs deep. My late father was president of the Chamber of Commerce in the late 1960s and 1970s and ran a local banking institution.
I've witnessed firsthand the growth and changes in Fairfield, and I am uniquely qualified to work with you to secure and support Fairfield’s future.
Sincerely,
Desiree Probolsky
CEO of Probolsky Research
William Berry
William Berry Campaigns
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EXHIBIT “B”
PAYMENT
1) The total contract price for services rendered by CONSULTANT under this Agreement is not to exceed $167,500:
2) Payment shall be made to CONSULTANT on a time and materials basis, and CONSULTANT shall submit monthly invoices to the Human Resources Department for the same to:
[email protected]
3) Any additional meetings or work required beyond that set forth in Exhibit “A” shall be mutually agreed to in writing by the CITY and CONSULTANT, and shall be billed on a time and materials basis to the CITY.
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EXHIBIT “C”
GENERAL PROVISIONS
1) INDEPENDENT CONSULTANT. At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONSULTANT only insofar as the results of CONSULTANT's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement. 2) LICENSES; PERMITS; ETC. CONSULTANT represents and warrants to CITY that CONSULTANT has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONSULTANT to practice CONSULTANT's profession. CONSULTANT represents and warrants to CITY that CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONSULTANT to practice his profession.
3) TIME. CONSULTANT shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONSULTANT's obligations pursuant to this Agreement. CONSULTANT shall adhere to the Schedule of Activities as described in their Executive Summary.
4) CONSULTANT NOT AN AGENT. Except as CITY may specify in writing, CONSULTANT shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent.
CONSULTANT shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever.
5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
6) PERSONNEL. CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. 7) STANDARD OF PERFORMANCE. CONSULTANT shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices his profession. All products which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession. CITY shall be the sole judge as to whether the product of the CONSULTANT is satisfactory.
8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONSULTANT. CONSULTANT is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice Docusign Envelope ID: 4FEAFA59-DF0E-4E11-95F7-F5112B833918
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to cease work on the project. CONSULTANT shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY. 9) PRODUCTS OF CONSULTING. All products of the CONSULTANT provided under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS.
a) If AGREEMENT is an agreement for design professional services subject to California Civil Code § 2782.8(a) and CONSULTANT is a design professional, as defined in California Civil Code § 2782.8(c)(2), to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY and its elected officials, officers, agents, employees and designated volunteers (collectively “CITY Indemnitees”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT’s proportionate percentage of fault. CONSULTANT’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT’s percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
b) If AGREEMENT is not an agreement for design professional services subject to California Civil Code § 2782.8(a) or CONSULTANT is not a design professional as defined in California Civil Code § 2782.8(c)(2), to the fullest extent allowed by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY Indemnitees from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONSULTANT or any person directly or indirectly employed by or acting as agent for CONSULTANT in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY Indemnitees.
It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
CONSULTANT’S responsibility for such defense and indemnity shall survive termination or completion of this agreement for the full period of time allowed by law. 11) PROHIBITED INTERESTS. No employee of the CITY shall have any direct financial interest in this agreement. This agreement shall be voidable at the option of the CITY if this provision is violated.
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12) LOCAL EMPLOYMENT POLICY. The CITY desires wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County.
The CITY encourages an active affirmative action program on the part of its contractors, consultants, and developers. When local projects require, subcontractors, contractors, consultants and developers will solicit proposals from qualified local firms where possible.
As a way of responding to the provisions of the Davis-Bacon Act and this program, contractor, consultants, and developers will be asked, to provide no more frequently than monthly, a report which lists the employee's name, job class, hours worked, salary paid, city of residence, and ethnic origin. 13) CONSULTANT NOT A PUBLIC OFFICIAL. CONSULTANT is not a "public official" for purposes of Government Code §§ 87200 et seq. CONSULTANT conducts research and arrives at his or her conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONSULTANT possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel. 14) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONSULTANT in the amount of $600 (six hundred dollars) or more in any one calendar year, CONSULTANT shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONSULTANT is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non-profit corporation or other form of organization.
b) If CONSULTANT is doing business as a sole proprietorship, CONSULTANT shall provide the full name, address and social security number of the sole proprietor. c) If CONSULTANT is doing business as other than a sole proprietorship, CONSULTANT shall provide CONSULTANT’S federal tax identification number.
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EXHIBIT “D”
INSURANCE REQUIREMENTS
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. 1) MINIMUM SCOPE AND LIMITS OF INSURANCE
a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $1,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability coverage (Form CA 00 01 with Code 1 – any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage. c) Workers’ Compensation insurance as required by the State of California and Employers’ Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease. 2) INDUSTRY SPECIFIC COVERAGES
If checked below, the following insurance is also required.
Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.
Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence Fidelity / Crime / Dishonesty Bond in the minimum amount of $____________ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
Builder’s Risk / Course of Construction Insurance in the minimum amount of $__________.
3) INSURANCE PROVISIONS
a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers X
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liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. ii) For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be in excess of the CONSULTANT’S insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
iv) The CONSULTANT’S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the CITY.
vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT’S policy limits of coverage.
Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. c) ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.
VERIFICATION OF COVERAGE. CONSULTANT shall furnish the CITY with original endorsements effecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to CITY approval; and submitted electronically via email at [email protected]. All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. d) SUB-CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANT to verify existence of sub- contractor’s insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.
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