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Home My WebLink AboutCity of Tamarac Resolution R-2016-083TR12821 August 8, 2016 Page 1 CITY OF TAMARAC, FLORIQD�A RESOLUTION NO. R-2016 - 0 0 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD RFP 16-14R "MEDICAL BILLING SERVICES" AND TO EXECUTE AN AGREEMENT WITH ADVANCED DATA PROCESSING, INC. FOR A PERIOD FROM OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2021, PROVIDING FOR TWO (2) TWO (2) YEAR RENEWALS TO PROVIDE FOR THE ADMINISTRATION, PROCESSING AND RECEIPT OF PAYMENTS ASSOCIATED WITH TRANSPORTING EMERGENCY MEDICAL SERVICE (EMS) PATIENTS ON BEHALF OF THE CITY OF TAMARAC FIRE RESCUE DEPARTMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBSEQUENT TWO (2) TWO (2) YEAR RENEWAL OPTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Tamarac Fire Rescue is required to provide basic and advanced life support services to the citizens and visitors of the City of Tamarac and to properly invoice and collect fees from the patients who utilize these services; and WHEREAS, Tamarac Fire Rescue transports an estimated 8,000 patients per year, which generates an average of approximately $1.9 million in gross revenue annually; and WHEREAS, due to the complexity and accounting requirements of collecting payment from patients, the City has elected to outsource medical billing services to an experienced and dedicated medical billing agency; and WHEREAS, On May 25, 2016, the City published a Request For Proposal (RFP) #16-14R to obtain the services of a qualified firm to process all billing services for EMS patients, a copy is attached hereto as Exhibit 1; and TR12821 August 8, 2016 Page 2 WHEREAS, the RFP process was closed on June 14, 2016 and six (6) proposals were received from six (6) firms; and WHEREAS, an Evaluation Committee was selected to participate in the evaluation of proposals for selection of a Medical Billing Service consisting of the Assistant Fire Chief, Fire Division Chief, Financial Services Director, and Fire Administrative Coordinator; and WHEREAS, on June 23, 2016, the Evaluation Committee discussed the proposals `strengths and weaknesses and evaluated each proposals based on weighted criteria and scored each proposal firm, and WHEREAS, a final evaluation matrix attached hereto as Exhibit 2 was finalized with the Evaluation Committee totals and Advanced Data Processing, Inc. was the highest ranked firm with 393 points of a maximum scoring of 400 points, and WHEREAS, Advanced Data Processing, Inc. will charge the City a 4% flat fee of the net amount collected for non -Medicaid accounts, a flat rate of $1,000 per month for Medicaid accounts; and WHEREAS, Advanced Data Processing, Inc. has agreed to the terms and conditions of RFP #16-14R and the City has executed an Agreement attached hereto as Exhibit 3; and WHEREAS, the Fire Chief, Director of Financial Services and Purchasing and Contracts Manager have determined that it is in the best interest of the City to award RFP #16-14R to Advanced Data Processing, Inc.; for an initial five (5) year term effective October 1, 2016 through September 30, 2021 and two (2) additional two-year renewals upon satisfactory performance and mutual agreement of both parties; and TR 12821 August 8, 2016 Page 3 WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interest of the citizens and residents of the City of Tamarac to award RFP #16- 14R, "Medical Billing Services" and to execute an Agreement with Advanced Data Processing, Inc. to provide administration, processing and collection of the costs of transporting EMS patients on behalf of the City of Tamarac Fire Rescue Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. The Exhibits attached hereto are incorporated herein and made a specific part hereof. SECTION 2: The appropriate City Officials are hereby authorized to award RFP #16-14R "Medical Billing Services" and to execute an Agreement with Advanced Data Processing, Inc., attached hereto as Exhibit 3 with an effective date of October 1, 2016 until September 30, 2021, providing for two (2) additional two (2) year renewal options to provide administration, processing and receipt of payments associated with transporting Emergency Medical Service (EMS) patients on behalf of the City of Tamarac Fire Rescue Department. SECTION 3: The City Manager is hereby authorized to approve and execute subsequent two (2) additional two (2) year renewal options as provided for in the agreement. SECTION 4: Funding has been included in the proposed FY17 budget in the appropriate account for $130,000 based on projected revenues for FY17. SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. TR12821 August 8, 2016 Page 4 SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this a T day of 2016. �v f�A AW HARRY RESSLER, MAYOR ATTEST: RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BUSHNELL DIST 2: COMM. GOMEZ DIST 3. V/M GLASSER DIST 4: COMM. PLACKO J� PAT TEUFFEL, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. l SA UEL S. G N CITY ATTORNEY —7 1J 1 TR#12821 - EXHIBIT 1 REQUEST FOR PROPOSALS Publish Date: 05/25/2016 Pre -Proposal Conference: All Questions Due: Proposal Due and Opening Date: 06/14/2016 at 3:00 PM Where to Deliver Bid City of Tamarac Purchasing and Contracts Division 7525 NW 88th Ave Room 108 Tamarac, FL 33321-2401 City of Tamarac Purchasing & Contracts Division 7525 NW 88th Avenue Room 108 (954) 597-3570 For Fire Rescue Department Date: May 27, 2016 RFP # 16-14 R ALL QUALIFIED PROPOSERS: Sealed Proposals, addressed to the Buyer of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until 3:00 PM local time, Tuesday, June 14, 2016 for: MEDICAL BILLING SERVICES The City is soliciting proposals on behalf of the Tamarac Fire Rescue Department to obtain the services of a qualified firm for the administration, processing and collection of the costs of transporting Emergency Medical Services (EMS) patients. Return One (1) Original and six (6) copies, as well as a Readable PDF copy on a USB Flash Drive or CD in an envelope marked with your firm's name and "RFP No. 16-14 - Medical Billing Services" to the City of Tamarac, Purchasing & Contracts Division, 7525 NW 88th Avenue, Tamarac, Florida 33321, Attention: Andrew J. Rozwadowski, Senior Procurement Specialist Sealed Proposals must be received and time stamped in the Purchasing Office, either by mail or hand delivery, on or before the date and time referenced above. Any Proposals received after 3:00 p.m. on said date shall not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Proposer. Official time will be measured by the time stamp in the Purchasing Office. City reserves the right to reject any or all Proposals, to waive any informalities or irregularities in any Proposals received, to re -advertise for Proposals, to award in whole or in part to one or more Proposers, or take any other such actions that may be deemed to be in the best interests of the City. Proposal documents may be obtained from the Purchasing Office or via the Internet at http://www.tamarac.org/bids.aspx. For all inquiries, contact the Purchasing Office via e- mail at Andrew. RozwadowskiCaD-tamarac.org or (954) 597-3569. Andrew J. Rozwadowski Senior Procurement Specialist Publish Sun -Sentinel: May 27, 2016 City of Tamarac Purchasirvg & Contracts Division I. INSTRUCTIONS TO OFFERORS Proposal in response to a solicitation. The terms "Offeror" and "Proposer" STANDARD TERMS AND CONDITIONS are used interchangeably and have the same meaning. RFP 16-14 R 2.3 "Successful Offeror" - the qualified, responsible and responsive Offeror 1. AUTHORITY AND GENERAL TERMS AND to whom City (on the basis of City's CONDITIONS evaluation as hereinafter provided) 1.1 It is the intent of the City to award the makes an award. proposal to the responsive proposer providing a 2.4 "City" - the City of Tamarac, a response which is most advantageous to the City. municipal corporation of the State of This proposal is issued pursuant to, and governed by Florida. the laws of the State of Florida, Article VII "Financial Procedures", Section 7.11, "Requirements for Public 2.5 "Proposal Documents" - the Bidding, of the City of Tamarac Charter; and Chapter 6 Request for Proposals, Instructions "Finance and Taxation", Article V, the Tamarac to Offerors, Offeror's Qualifications Procurement Code. Statement, Non -Collusive Affidavit, Certified Resolution, Vendor Drug- 1.2 These General Terms and Free Workplace, Offeror's Proposal, Conditions apply to all offers made to the City Proposal Security and Specifications, of Tamarac by all prospective Proposers, if any, and the proposed Contract including but not limited to, Requests for Documents (including all Addenda Quotes, Requests for Proposal and Requests "bid", "proposal" issued prior to opening of Proposals). for Bid. As such the words and "offer" are used interchangeably in 2.6 "Contractor" the individual(s) or reference to all offers submitted by prospective firm(s) to whom the award is made Proposers. The City of Tamarac reserves the right to reject any or all proposals, to waive and who executes the Contract any informalities or irregularities in any Documents. proposals received, to re -advertise for 3. SPECIAL CONDITIONS proposals, to enter into contract negotiations Where there appears to be variances or with the selected Proposer or take any other conflicts between the General Terms and actions that may be deemed to be in the best Conditions and the Special Conditions and/or interest of the City of Tamarac. Any and all Scope of Work outlined in this proposal, the special conditions in this RFP or any sample Special Conditions and/or the Scope of Work agreement document that may be in variance shall prevail. or conflict with these General Terms and Conditions shall have precedence over these 4. EXAMINATION OF CONTRACT General Terms and Conditions. If no changes DOCUMENTS AND SITE or deletions to General Conditions are made in the Special Conditions, then the General 4.1. Before submitting a Proposal, each Terms and Conditions shall prevail in their Offeror must carefully review this entirety. proposal document and any applicable supplemental material and 2. DEFINED TERMS addenda provided by the City, and in Terms used in these Instructions to Offerors consideration of federal, state and are defined as follows: local laws, ordinances, rules and regulations that may in any manner 2.1 "Offeror" - one who submits a affect cost or performance of the Proposal in response to a solicitation, work, must carefully compare the as distinct from a Sub -Offeror, who Offeror's observations in review of submits a Proposal to the Offeror. applicable laws with the Proposal 2.2 "Proposer" — one who submits a Documents; and must promptly notify the Purchasing and Contracts RFP No. 16-14 - Medical Billing Services For Fire Rescue 9 City of Tarnarac Purchasing & Contracts Division 0 Manager of all conflicts, errors and (10) calendar days prior to the Proposal discrepancies, if any, in the Proposal opening date, or prior to the deadline specified Documents. in the "Schedule of Events" provided herein. Questions received less than ten (10) calendar 4.2. The Offeror, by and through the days prior to the Proposal opening, or the submission of a Proposal, agrees deadline specified by the "Schedule of Events" that Offeror shall be held responsible herein, whichever is sooner, may not be for having examined the contract answered. Interpretations or clarifications in documents and supplemental response to such questions will be issued in materials; is familiar with the nature the form of a written addendum transmitted via and extent of the work. either fax or email to all parties recorded by 5. OMISSION OF DETAILS / VARIANCES AND the Purchasing Office as having received the EXCEPTIONS Proposal Documents. The issuance of a written addendum shall be the only official 5.1 The apparent silence of the method whereby such an interpretation or requirements as to any detail, or the clarification will be made. apparent omission of a detailed description concerning any point, shall be regarded as meaning that 7. COSTS AND COMPENSATION only the best commercial and professional practice is to prevail 7.1. Costs and compensation shall be All interpretations of the shown in both unit prices and specifications shall be made on the extensions whenever applicable, and basis of this statement. Omission of expressed in U.S. Dollars. In the any essential details from these event of discrepancies existing is specifications will not relieve the between unit prices and extensions Proposer of supplying such or totals, the unit prices shall govern. services or product(s) as specified. 7.2. All costs and compensation shall 5.2 For the purpose of evaluation, the remain firm and fixed for acceptance Offeror must indicate any variance or for 90 calendar days after the day of exceptions to the stated the Proposal opening. requirements, no matter how slight. 7.3. The price proposal shall include all Deviations should be explained in franchise fees, royalties, license fees, detail. Absence of variations and/or corrections will be interpreted to etc., as well as all costs for mean that the Offeror meets all the transportation or delivery as applicable within the scope of the requirements in every respect. solicitation. 6. INTERPRETATIONS AND ADDENDA If the Offeror is in doubt as to the meaning of g. PRICES, PAYMENTS, DISCOUNTS & any of the Proposal Documents, believes that ELECTRONIC PAYMENTS the General Conditions, Special Conditions and/or Technical Specifications contain errors, 8.1 Firm Pricing: Prices shall be fixed contradictions or obvious omissions, or has and firm to the extent required under Special any questions concerning the information Conditions. In the absence of a reference in contained in the RFP documents, the Offeror the Special Conditions, prices shall be fixed shall submit a written request to the City and firm for a period of ninety (90) calendar days. Payment will be made only after receipt through the Purchasing Office for interpretation and acceptance of services. Cash discounts or clarification. Such request must reference may be offered for prompt payment; however, RFP name and number, and should be such discounts shall not be considered in • received by the Purchasing Office at least ten determining the lowest net cost for bid evaluation. RFP No. 96-14 - Medical Billing Services For Fire Rescue 2 City of Tamarac Purchasing & Contracts Division submit bids on leases of real property to public entity, may not be awarded or perform 8.2 Prompt Payment Discounts: work as a contractor, supplier, subcontractor, Where applicable, offeror is or consultant under a contract with any encouraged to provide prompt public entity, and may not transact business payment. If no payment discount is with any public entity in excess of the offered, the discount shall assume threshold amount provided in Florida net 30 days. Payment is deemed Statutes §287.017 for Category Two, for a made on the date of the mailing of period of 36 months from the date of being the check. All payments shall be placed on the convicted vendor list. governed by the Local Government Prompt Payment Act, F.S. Chapter 11. CONFLICT OF INTEREST 218. The award of any contract hereunder is *********IMPORTANTNOTE******** subject to the provisions of Chapter 112, Florida Statutes. Offerors must disclose with 8.3 Payments by Electronic Funds their Proposal the name of any officer, director, Transfer: ALL payments by the partner, proprietor, associate or agent who is City will be made by Direct also an officer or employee of City of Tamarac Deposit (ACH) via electronic or any of its agencies. Further, all Offerors funds transfer. No paper checks must disclose the name of any officer or will be issued after that date. Vendors must register for direct employee of City who owns, directly or deposit with the City prior to indirectly, an interest of five percent (5%) or receiving any payments by more in the Offeror's firm or any of its providing a "City of Tamarac branches or affiliate companies. Consent for Direct Deposit" form (ACH Form) to the City's 12. SUMMARY OF DOCUMENTS TO BE Financial Services Accounting SUBMITTED WITH PROPOSALS Division. The form may be accessed on the City of Tamarac The following is a summary of documents web-site web -site at required to be submitted for this proposal. .t Failure to include a technical proposal, cost pxp://ww Please contact the proposal, bid surety (if required below), or Purchasing &Contracts Division any other document that, by its omission, at the number shown on this may prejudice the rights of other solicitation document herein as respondents, may result in immediate the first point of contact for more rejection of your proposal. Other forms or information. documents which, by their nature do not impact price or the Offeror's cost of doing business should accompany the Proposal; 9. NON -COLLUSIVE AFFIDAVIT but must be provided within three (3) business days of the City's request to be Each Offeror shall complete the Non -Collusive considered responsive. Affidavit form and shall submit the form with 12.1 Technical Proposal & Work Plan their Proposal. City considers the failure of the Offeror to submit this document may be cause 12.2 Cost Proposal (See "Proposal Form" for rejection of the Proposal. herein) 10. PUBLIC ENTITY CRIMES 12.3 Proposal price including % to administer billing and collections In accordance with Florida Statutes and flat rate per month for §287.133 (2)(a): A person or affiliate who Medicaid. has been placed on the convicted vendor list 12.4 Certification Forms following a conviction for public entity crime may not submit a bid on a contract to provide 12.5 Offeror's Qualifications Statement any goods or services to a public entity, may Form & References not submit a bid on a contract with a public entity for the construction or repair of a 12.6 Vendor Drug Free Workplace Form public building or public work, may not 12.7 Non -Collusive Affidavit Form RFP No. 16-14 - Medical Billing Services For Fire Rescue 3 City of Tamarac Purchasiritg & Contracts Division 12.8 Proof of applicable insurance. include all documents as specified in 12.9 Listing of any Sub -Contractors or the Request for Proposals. Subcontractors to be utilized. Purchasing and Contracts Division staff is not responsible for the 13. SUBMISSION OF PROPOSALS premature opening of a Proposal that 13.1 Proposals must be typed or printed in is not properly addressed and ink. Use of erasable ink is not identified. permitted. All corrections to prices 13.8 In accordance with Florida Statutes, made by the Offeror should be Chapter §119.07(1) (a) and except initialed. as may be provided by other 13.2 All proposals shall be submitted in applicable state and federal law, the the English language, and pricing Request for Proposals and the expressed in U.S. Dollars. responses thereto are in the public domain. However, Proposers are 13.3 Proposals must contain a manual requested to specifically identify in signature of a corporate officer or the submitted Proposal any financial designee with the proven authority to information considered confidential bind the firm in matters of this nature. and/or proprietary which may be The address and telephone number considered exempt under Florida for any communications regarding Statute §119.07(t). the Proposal must be included. 13.9 All Proposals received from Offerors 13.4 Proposals shall contain an in response to the Request for acknowledgment of receipt of all Proposals will become the property addenda. of City and will not be returned. In 13.5 Proposals by corporations must be the event of Contract award, all executed in the corporation's legal documentation produced as part of name by the President or other the Contract shall become the corporate officer, accompanied by exclusive property of City. evidence of authority to sign. 13.10 The Proposer preparing a submittal Evidence of authority shall be in response to this RFP shall bear provided on the enclosed Certified all expenses associated with its Resolution form, or by the company's preparation. The Proposer shall own Corporate Resolution. prepare a submittal with the 13.6 Proposals by partnerships must be understanding that no claim for executed in the partnership name reimbursement shall be submitted and signed by a partner, whose title to the City for the expense of must appear under the signature. proposal preparation and/or presentation. 13.7 Proposals shall be submitted to the City's Purchasing Office on or before 13.11 Electronic Media Submission: The the time indicated in the Request for City may require that machine Proposals. Proposals shall be readable information and data be submitted in a sealed envelope provided by the proposing firm as a (faxed proposals will not be accepted part of its submittal. The proposing under any circumstances). The firm shall not be liable for claims or envelope should be clearly marked losses arising out of, or connected on the exterior with the applicable with, modification by the City, or solicitation name and number. The anyone authorized by the City, envelope should state the name and decline of accuracy or readability of address of the Offeror and should be data due to storage or obsolescence RFP No. 16-14 - Medical Billing Services For Fire fescue 4 City of Tamarac 111 Purchasing & Contracts Division of equipment or software, any use by price, time or changes in the work the City or anyone authorized by the with the Successful Offeror, and to City of such data for additions to disregard all nonconforming, non - projects except as authorized in responsive, unbalanced or writing by the proposing firm. conditional Proposals. Proposals will 14. MODIFICATION AND WITHDRAWAL OF be considered irregular and may be PROPOSALS rejected if they show serious omissions, alterations in form, 14.1 Proposals may be modified or additions not called for, conditions or withdrawn by a duly executed unauthorized alterations, or document signed by a corporate irregularities of any kind. officer or other employee with designated signature authority. 15.2 The Tamarac City Commission Evidence of such authority must reserves the right to reject the accompany the request for Proposal of any Offeror if it believes withdrawal or modification. The that it would not be in its best interest request must be delivered to the of to make an award to that Offeror, Purchasing Office at any time prior whether because the Proposal is not to the deadline for submitting responsive, the Offeror is unqualified, Proposals. Withdrawal of a Proposal of doubtful financial ability, or fails to will not prejudice the rights of an meet any other pertinent criteria Offeror to submit a new Proposal established by City within the scope prior to the Proposal opening date of the solicitation. and time. • 14.2 If, within twenty-four (24) hours after 16. QUALIFICATIONS OF PROPOSERS Proposals are opened, any Offeror files a duly signed, written notice with 16.1 Proposals will be considered from the City's Purchasing Office, and firms normally engaged in providing within five (5) calendar days the service requested. The proposing thereafter demonstrates to the Firm must demonstrate adequate reasonable satisfaction of City, by experience, organization, facilities, clear and convincing evidence, that equipment and personnel to ensure there was a material and substantial prompt and efficient service to the mistake in the preparation of its City of Tamarac. The City of the City Proposal, or that the mistake is of Tamarac will determine whether clearly evident on the face of the the evidence of ability to perform is Proposal, but the intended correct satisfactory and reserves the right to Proposal is not similarly evident, reject proposals where evidencesubmitted, Offeror may withdraw its Proposal or investigation and and any bid security will be returned. evaluation, indicates inability of a firm Thereafter, the Offeror will be to perform. disqualified from further bidding on 16.2 Each Offeror shall complete the the subject Contract. Offeror's Qualifications Statement 15. REJECTION OF PROPOSALS and submit the form with the Proposal. Failure to submit the 15.1 To the extent permitted by applicable Offeror's Qualifications Statement state and federal laws and and the documents required regulations, the Tamarac City thereunder may constitute grounds . Commission reserves the right to for rejection of the Proposal. reject any and all Proposals, to waive any and all informalities not involving 16.3 As a part of the evaluation process, RFP No. 16-14 - Medical Billing Services For Fire Rescue 5 Cjfy of Tamarac Purchasing & Contracts Division the City may conduct a background investigation including a criminal record check of Proposer's officers and/or employees, by the Broward County Sheriffs Office. Proposer's submission of a proposal constitutes acknowledgement of and consent to such investigation. City shall be the sole judge in determining Proposer's qualifications. 16.4 No proposal shall be accepted from, nor will any contract be awarded to, any person who is in arrears to City for any debt or contract, who is a defaulter, as surety or otherwise, of any obligation to City, or who is deemed irresponsible for unreliable by City. City will be the sole judge of said determination. 16.5 The City reserves the right, before recommending any award, to inspect the facilities, and organization or to take any other action necessary to determine ability to perform in accordance with the specifications, terms and conditions. 16.6 Employees of the Proposer shall at all times be under its sole direction and not an employee or agent of the City. The Proposer shall supply competent and physically and professionally capable employees. The City may require the Proposer to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Proposer shall be responsible to the City for the acts and omissions of all employees working under its directions. 17. INSURANCE 17.1 Offeror agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Offeror, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. 17.2 Offeror shall obtain at Offeror's expense all necessary insurance in such form and amount as required by this proposal or by the City's Risk Manager before beginning work under this Agreement. Offeror shall maintain such insurance in full force and effect during the life of this Agreement. Offeror shall provide to the City's Risk Manager current certificates of all insurance required under this section prior to beginning any work under this Agreement. 17.3 Offeror shall indemnify and save the City harmless from any damage resulting to it for failure of either Offeror or any Sub -Offeror to obtain or maintain such insurance. 17.4 The following are required types and minimum limits of insurance coverage, which the Offeror agrees to maintain during the term of this contract: 17.5 Offeror must provide the City with evidence of Pro"MIAWf J "Claims -Made" forms are acceptable only for Professional Liability. 17.6 The City reserves the right to require higher limits depending upon the scope of work under this Agreement. 17.7 Neither Offeror nor any Sub -Offeror shall commence work under this • • 0 RFP No. 16-14 - Medical Billing Setvices For Fire Rescue 6 0 City of Tamarac Purchasing & Contracts Division contract until they have obtained all (including economic losses), costs insurance required under this arising out of any actual or alleged: section and have supplied the City a). Bodily injury, sickness, disease with evidence of such coverage in or death, or injury to or destruction the form of an insurance certificate of tangible property including the and endorsement. The Offeror will loss of use resulting therefrom, or ensure that all Sub -Offerors will any other damage or loss arising comply with the above guidelines out of or resulting, or claimed to and will maintain the necessary have resulted in whole or in part coverages throughout the term of from any actual or alleged act or this Agreement. omission of the Contractor, any 17.8 All insurance carriers shall be rated sub -Contractor, anyone directly or at least A-VII per Best's Key Rating indirectly employed by any of them, Guide and shall be licensed to do or anyone for whose acts any of business in Florida. Policies shall them may be liable in the be "Occurrence" form. Each carrier performance of the Work; or will give the City a sixty (60) day violation of law, statute, ordinance, notice prior to cancellation. governmental administration order, rule, regulation, or infringement of 17.9 The Offeror's liability insurance patent rights by the Contractor in policies shall be endorsed to add the performance of the Work; or c). the City of Tamarac as an liens, claims or actions made by the "additional insured". The Offeror's Contractor or any sub -Contractor Workers' Compensation carrier will under workers compensation acts, - provide a Waiver of Subrogation to disability benefit acts, other the City. employee benefit acts or any statutory bar. Any cost of expenses,including 17.10 The Offeror shall be responsible for attorney's fees, incurred the payment of all deductibles and by the City to enforce this self -insured retentions. The City agreement shall be borne by the may require that the Offeror Contractor. purchase a bond to cover the full amount of the deductible or self- 18.2 Upon completion of all Services, insured retention. obligations and duties provided for 17.11 Offeror must provide the City with in this Agreement, or in the event of evidence of Professional Liability termination of this Agreement for insurance with, at a minimum, a any reason, the terms and limit of $1,000,000 per occurrence conditions of this Article shall and in the aggregate. "Claims- survive indefinitely. Made" forms are acceptable only for Professional Liability. 18.3 The Contractor shall pay all claims, 17.12 The Successful Offeror agrees to losses, liens, settlements or perform the work under the judgments of any nature whatsoever Contract as an independent in connection with the foregoing contractor, and not as a indemnifications including, but not subcontractor, agent or employee limited to, reasonable attorney's fees of City. (including appellate attorney's fees) 18. INDEMNIFICATION and costs. 18.1 GENERAL INDEMNIFICATION: 18.4 City reserves the right to select its Contractor shall, in addition to any own legal counsel to conduct any other obligation to indemnify the defense in any such proceeding and City and to the fullest extent all costs and fees associated permitted by law, protect, defend, therewith shall be the responsibility of indemnify and hold harmless the City, their agents, elected officials the Contractor under the and employees from and against all indemnification agreement. Nothing claims, actions, liabilities, losses contained herein is intended nor shall RFP No, 16-14 - Medical Billing Services For Fire Rescue 7 City of Tamarac Purchasing & Contracts Division 19. 20. it be construed to waive City's rights provided for in the Contract and immunities under the common documents will not result in the law or Florida Statute 768.28 as breach of any term or provision of, or amended from time to time. constitute a default under any indenture, mortgage, contract, or INDEPENDENT CONTRACTOR agreement to which Successful An Agreement resulting from this solicitation Offeror is a party. does not create an employee/employer 20.2 Successful Offeror warrants to the relationship between the Parties. It is the City that it is not insolvent, it is not in intent of the Parties that the Contractor is an bankruptcy proceedings or independent contractor under this receivership, nor is it engaged in or Agreement and not the City's employee for threatened with any litigation, any purposes, including but not limited to, arbitration or other legal or the application of the Fair Labor Standards administrative proceedings or Act minimum wage and overtime payments, investigations of any kind which Federal Insurance Contribution Act, the would have an adverse effect on its Social Security Act, the Federal ability to perform its obligations under Unemployment Tax Act, the provisions of the the Contract. Internal Revenue Code, the State Worker's Compensation Act, and the State 20.3 Successful Offeror warrants to the Unemployment. Insurance law. The City that it will comply with all Contractor shall retain sole and absolute applicable federal, state and local discretion in the judgment of the manner and laws, regulations and orders in means of carrying out Contractor's activities carrying out its obligations under the and responsibilities hereunder provided, Contract. further that administrative procedures 20.4 All warranties made by Successful applicable to services rendered under any Offeror together with service potential Agreement shall be those of warranties and guarantees shall run Contractor, which policies of Contractor shall to City and the successors and not conflict with City, State, or United States assigns of City. policies, rules or regulations relating to the use of Contractor's funds provided for 21. SAFETY STANDARDS herein. The Contractor agrees that it is a separate and independent enterprise from s The Proposer warrants that the product(s) supplied to the City shall conform in all the City, that it had full opportunity to find respects to the standards set forth in the other business, that it has made its own Occupational Safety and Health Act of 1970 as investment in its business, and that it will amended, and shall be in compliance with utilize a high level of skill necessary to Chapter 442, Florida Statutes as well as any perform the work. Any potential Agreement industry standards, if applicable. shall not be construed as creating any joint 22 NON-DISCRIMINATION AND EQUAL employment relationship between the OPPORTUNITY EMPLOYMENT Contractor and the City and the City will not be liable for any obligation incurred by the During the performance of the Contract, the Contractor, including but not limited to Contractor and its sub -Contractors shall not unpaid minimum wages and/or overtime discriminate against any employee or applicant for employment because of race, premiums. color, sex including pregnancy, religion, age, national origin, marital status, political WARRANTIES affiliation, familial status, sexual orientation, gender identity and expression, or disability if 20.1 Successful Offeror warrants to City qualified. The Contractor will take affirmative that the consummation of the work action to ensure that employees and those of its sub -Contractors are treated during RFP No. 16-14 - Medical Billing Services For Fire Rescue 8 0 City of Tamarac Purchasing & Contracts Division employment, without regard to their race, document from the City's web -site, or color, sex including pregnancy, religion, age, register as a plan holder. All bidders / national origin, marital status, political proposers must visit affiliation, familial status, sexual orientation, http://www.tamarac.org/bids.aspx, and gender identity or expression, or disability if select the "NOTIFY ME" icon. This action qualified. Such actions must include, but not will take the bidder/proposer to the be limited to, the following: employment, "Notify Me" page. Once on the "Notify promotion; demotion or transfer; recruitment Me" page, enter the appropriate e-mail or recruitment advertising, layoff or address to which notifications of termination; rates of pay or other forms of solicitations and addendums should be compensation; and selection for training, sent. Bidders and proposers may also including apprenticeship. The Contractor request notification by text message at and its sub -Contractors shall agree to post in this time. Upon completion of this conspicuous places, available to its process, a confirming e-mail will be sent employees and applicants for employment, to the individual who registered. You notices to be provided by the contracting must click on the link provided to confirm officer setting forth the provisions of this registration for solicitation documents nondiscrimination clause. The Contractor and addendums. Regardless of the further agrees that he/she will ensure that all means of transmission of an Addendum it sub -Contractors, if any, will be made aware is the responsibility of the bidder or of and will comply with this nondiscrimination proposer to insure that they have clause. received all addendums issued for a solicitation prior to submitting a 23. CLARIFICATION & ADDENDA response. Where there appears to be variances or 24. TAXES conflicts between the General Terms and Conditions and the Special Conditions Successful Offeror shall pay all applicable and/or Scope of Work/Detailed sales, consumer use and other similar taxes Specifications outlined in this bid, the Special required by law. Conditions and/or the Scope of Work/Detailed Specifications shall prevail. 25. PERFORMANCE The Proposer shall examine all proposal Failure on the part of the Offeror to comply documents and shall judge all matters with the conditions, terms, specifications and relating to the adequacy and accuracy of requirements of the proposal shall be just such documents. If, upon review, any cause for cancellation of the proposal award. material errors in specifications are found, The City may, by written notice to the the Proposer shall contact the Purchasing Proposal, terminate the contract for failure to Office immediately. Any inquires, perform. The date of termination shall be suggestions, requests concerning stated in the notice. The City shall be the sole clarification, or requests for additional judge of nonperformance. information shall be submitted in writing to the Purchasing and Contracts Manager. 26. TERMINATION FOR CAUSE AND DEFAULT The City of Tamarac reserves the right to In addition to all other remedies available to amend this proposal prior to the Proposal the City, this Agreement shall be subject to due date indicated by written addenda. cancellation by the City for cause, should the Written addenda shall serve as the sole Successful Offeror neglect or fail to perform means of clarification. The City shall not be or observe any of the terms, provisions, responsible for oral interpretations given by conditions, or requirements herein any City employee or its representative. contained, if such neglect or failure shall continue for a period of thirty (30) days after SPECIAL NOTE -- Addendums receipt by of written notice of such neglect or will only be issued electronically through failure. the City's web -site. Vendors will be notified of the availability of new solicitations and addendums via e-mail or 27. TERMINATION FOR CONVENIENCE OF CITY text message (per the vendor's choice). It is essential that all vendors receiving a This Agreement may be terminated by the bid or proposal either download the City for convenience, upon seven (7) days of RFP No. 16-14 - Medical Billing Services For Fire Rescue 9 City of Tarnarac Purchasing & Contracts Division written notice by the City to the Successful service. If the Contractor transfers all public Offeror for such termination in which event records to the City upon completion of the the Successful Offeror shall be paid its contract, the Contractor shall destroy any compensation for services performed to duplicate public records that are exempt or termination date, including services confidential and exempt from public records reasonably related to termination. In the disclosure requirements. If the Contractor event that the Successful Offeror abandons keeps and maintains public records upon this Agreement or causes it to be terminated, completion of the contract, the Contractor the Successful Offeror shall indemnify the shall meet all applicable requirements for city against loss pertaining to this retaining public records. All records stored termination. electronically must be provided to the City, upon request from the City's custodian of 28. FUNDING OUT public records in a format that is compatible This agreement shall remain in full force and with the information technology systems of the City. effect only as long as the expenditures provided for in the Agreement have been 29.2 During the term of the contract, the appropriated by the City Commission of the Contractor shall maintain all books, reports City of Tamarac in the annual budget for and records in accordance with generally each fiscal year of this Agreement, and is accepted accounting practices and standards subject to termination based on lack of for records directly related to this contract. funding. The Contractor agrees to make such records available to appropriate City staff for contract 29. RECORDS / AUDITS administration responsibility in regards to, this agreement. Contract records shall be made 29.1 The City of Tamarac is a public available during normal business hours and in agency subject to Chapter 119, Florida Broward, Dade or Palm Beach Counties, and Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, shall include all books of account, reports and the Contractor shall: records relating to this contract. 30. ASSIGNMENT 29.1.1 Keep and maintain public records required by the City in order to 30.1 Successful Offeror shall not assign, perform the service; transfer or subject the Contract or its rights, title, interests or obligations 29.1.2 Upon request from the therein without City's prior written City's custodian of public records, provide approval. the public agency with a copy of the requested records or allow the records to be 30.2 Violation of the terms of this inspected or copied within a reasonable time paragraph shall constitute a breach at a cost that does not exceed the cost provided in this chapter or as otherwise of the Contract by Successful provided by law. Offeror and City may, at its discretion, cancel the Contract. All 29.1.3 Ensure that public records rights, title, interest and obligations that are exempt or confidential and exempt of Successful Offeror shall from public records disclosure requirements thereupon cease and terminate. are not disclosed except as authorized by law for the duration of the contract term and 31. EMPLOYEES following completion of the contract if the contractor does not transfer the records to 31.1 Employees of the Contractor shall at the City. all times be under its sole direction and not an employee or agent of the 29.1.4 Upon completion of the City. The Contractor shall supply contract, transfer, at no cost to the City, all competent and physically capable public records in possession of the employees. The City may require the Contractor, or keep and maintain public Contractor to remove an employee it records required by the City to perform the deems careless, incompetent, RFP No. 16-14 - Medical Billing Services For -Fire Rescue 10 0 City of Tamarac Purchasing & Contrasts Division insubordinate or otherwise shows evidence of unbalanced proposal objectionable. Proposer shall be pricing, such proposal may be rejected. responsible to the City for the acts and omissions of all employees 37. INFORMATION REQUESTS AFTER DUE working under its directions. DATE 31.2 Unauthorized Aliens: The Pursuant to Florida Statute Chapter 119, employment of unauthorized aliens Section 071 (1), sealed bids or proposals by any Contractor is considered a received by an agency pursuant to invitations violation of Section 274A (e) of the to bid or requests for proposals are exempt Immigration and Nationality Act. If from the provisions of subsection (1) and s. the Contractor knowingly employs 24(a), Art. I of the State Constitution until such unauthorized aliens, such violation time as the agency provides notice of a shall be cause for unilateral decision or intended decision pursuant to F.S. cancellation of any contract §119.071(1) (b) (2), or within 30 days after resulting from this RFP. This bid/proposal opening, whichever is earlier. applies to any sub -contractors used by the Contractor as well 38. OWNERSHIP OF PRELIMINARY AND FINAL RECORDS 32. TAXES All preliminary and final documentation and The City of Tamarac is exempt from all records shall become and remain the sole Federal, State, and Local taxes. An property of the City. The awarded firm shall exemption certificate will be provided where maintain original documents thereof for its applicable upon request. records and for its future professional 33. GOVERNING LAW: endeavors and provide reproducible copies to the City. In the event of termination of the The laws of the State of Florida shall govern agreement the proposing firm shall cease this Agreement. Venue shall be Broward work and deliver to the City all documents County, Florida. (including reports and all other data and material prepared or obtained by the 34. FORM ENGAGEMENT LETTER awarded firm in connection with the project), including all documents bearing the The City may attach as a part of this professional seal of the firm. The City shall, solicitation, a Form Engagement Letter upon delivery of the aforesaid documents, document. Proposers shall be responsible for pay the firm and the firm shall accept as full complying with all of the terms and conditions payment for its services thereunder, a sum of the Form Agreement document if included of money equal to the percentage of the herein, except where variant or conflicting work done by the firm and accepted as language may be included in any Special satisfactory to the City. Conditions contained herein. Proposers shall note any deviation or variance with the Form 39. BUDGETARY CONSTRAINTS Agreement document at the time of bid submission. In the event the City is required to reduce contract costs due to budgetary constraints, 35. OTHER GOVERNMENTAL ENTITIES all services specified in this document may be subject to a permanent or temporary If a Proposer is awarded a contract as a result reduction in budget. In such an event, the of this RFP, Proposer will, if Proposer has total cost for the affected service shall be sufficient capacity or quantities available, reduced as required. The Contractor shall provide to other governmental agencies, so also be provided with a minimum 30-day requesting, the products or services awarded notice prior to any such reduction in budget. in accordance with the terms and conditions of the Invitation for Bid and resulting contract. 40. CONTINGENT FEES PROHIBITED Prices shall be F.O.B. Destination to the requesting agency. The proposing firm must warrant that it has not employed or retained a company or 36. UNBALANCED PROPOSAL PRICING person, other than a bona fide employee, When a unit price proposed has variable or contractor or subcontractor, working in its estimated quantities, and the proposal RFP No. 16-14 - Medical Billing Services For Fire Rescue 19 of Tamarac Purchasing & Contracts Division 4) employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub -Contractor, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 41. PROHIBITION AGAINST LOBBYING During the solicitation of any bid or proposal, any firm and its agents, officers or employees who intend to submit, or who have submitted, bids or proposals shall not lobby, either individually or collectively, any City Commission members, candidates for City Commission or any employee of the City. Contact should only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing and Contracts Division for purposes of obtaining additional or clarifying information. Any action, including meals, invitations, gifts or gratuities by a submitting firm, its officers, agents, or employees shall be within the purview of this prohibition and shall result in the immediate disqualification of that firm from further consideration. During a formal solicitation process, contact with personnel of any City of Tamarac employee, officer or elected official other than the Purchasing and Contracts Manager or designated representative regarding any such solicitation may be grounds for elimination from the selection process. (Reference: Tamarac Procurement Code Section 6-156.) 42. PUBLIC RECORDS CUSTODIAN IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERKATAMARAC.ORG Remainder of Page Intentionally Blank • • RFP No. 16-14 - Medical Billing Services For Fire Rescue 12 0 City of Tamarac Purchasing & Contracts Division REQUEST FOR PROPOSALS RFP # 16-14 R Medical Billing Services for Fire Rescue Definition: A Request for Proposal (RFP) is a method of procurement permitting discussions with responsible offerors and revisions to proposals prior to award of a contract. Proposals will be opened in private. Award will be based on the criteria set forth herein. II. INTRODUCTION The City is soliciting proposals on behalf of the Tamarac Fire Rescue Department to obtain the services of a qualified firm to administer process and collect the costs of transporting Emergency Medical Services (EMS) patients. Ill. INFORMATION For information pertaining to this Request for Proposals (RFP), contact Purchasing (954) 597- 3569. Such contact shall be for clarification purposes only. Material changes, if any, to the scope of services or proposal procedures will be transmitted only by written addendum. It is preferred that all questions be submitted in writing and submitted via e-mail to Is Andrew. Rozwadowski(ci)-tamarac.org IV. SCHEDULE OF EVENTS • The schedule of events related to this Request for Proposals shall be as follows: RFP Document issued Vendor Questions Due Deadline for Receipt of Proposals Evaluation of Proposals Notification of Short-listed Proposers (if applicable) Presentations by Short-listed Proposers (if applicable) Final Ranking of Firms Anticipated Award by the Appropriate City Authority May 25, 2016 June 06, 2016 June 14, 2016 June 15-20, 2016 June 21, 2016 June 23, 2016 June 27, 2016 August 24, 2016 All dates are tentative. City reserves the right to change scheduled dates. RFP No, 16-1 4 - Medical Billing Services For Fire Rescue 13 City of Tamarac Purchasing & Contracts Division V. STATEMENT OF WORK A. SCOPE OF PROPOSAL The purpose of this Invitation to Bid Request for Proposals is to obtain the services of a qualified firm to administer the task of processing, invoicing and collecting the costs for transporting Emergency Medical Service (EMS) patients on behalf of the City of Tamarac Fire Rescue Department, in conformity with the requirements contained herein. The City is seeking a contract for an initial term of five (5) years, with two (2) additional two-year renewal terms based upon satisfactory performance and mutual agreement of both parties. The City of Tamarac provides Basic Life Support (BLS) and Advanced Life Support (ALS) services to the citizens and visitors of Tamarac, and bills for emergency treatment rendered by the Fire Rescue Department. Annual transports are estimated to exceed 7,300 per year. Below you will find the current figures: 2013 — 5881 2014 — 6592 2015 — 7211 Charges have been established for Advanced Life Support Transport, Basic Life Support . Transport, mileage and civil assists. The Fire Rescue Department is projecting this fee structure to result in greater than $2 million in annual gross billings. During the past three years, collections from Medicaid have been approximately 2% of total collections. B. SERVICES TO BE PROVIDED 1. Invoice patient and/or other third party responsible for payment of services rendered in accordance with time frames as stated herein. 2. Collection and generation of any and all insurance forms, filings and record maintenance. 3. Provide HIPAA privacy practices requirements to all patients transported. 4. Provide and administer a compliance program to ensure compliance with all State and Federal regulations. 5. Provide the City's Finance Department with all monthly finance, billing and receivable reports as stated herein. 6. Provide a Customer Service Representative to assist patients and/or other third party payers in all billing inquiries in a timely fashion as specified herein. 7. Conduct any follow up required to obtain the necessary insurance information to process invoices for payment. 8. Create yearly revenue projections for budget reporting. 9. Generate quality assurance reports for record completion. RFP No. 1 &-14 - Medical Billing Services For Fire Rescue 14 0 City of Tamarac � Purchasing & Contracts {division 10. Provide reports and inquires upon request of the city. C. MINIMUM REQUIREMENTS 1. Successful Proposer shall accept hard copy or electronically transmitted information. 2. Successful Proposer shall be responsible for invoicing, collection, and generation of any and all insurance forms, insurance filings, records maintenance, and preparation of standard and/or custom reports, as requested or required by City. D. CONTRACTOR RESPONSIBILITIES 1. When preparing invoices, the Successful Proposer shall include the following information on every invoice: a. Account number. b. Invoice number and date. c. Name of transported patient. d. Name of responsible party, if different from patient. e. Complete patient address. f. Date of transport. g. Location of transport (address or location patient was transported from). h. Destination of transport (hospital or other facility). i. Detailed cost of transport by line item. j. Incident number ("Run" number provided by Tamarac Fire Rescue) 2. The invoice will also contain a message stating "This is an invoice for services provided by the City of Tamarac". Sample invoices should be included with proposals. 3. All invoicing and reporting systems shall be computerized. Provide computer operating system information, hardware configuration and software used. 4. Mail invoices to patients within five (5) business days of receipt of patient information from Tamarac Fire Rescue. This mailing shall include a pre-printed return payment envelope, with the payment address specified by the City of Tamarac, however Contractor shall provide multiple platforms for payments, such as online, IVR, via mail, etc. 5. Second notices shall be sent to patient, in the event of non -response to initial invoice, at thirty-five day intervals. Third notices shall be sent at sixty-five day intervals. Provide samples of second and third notices. 6. Provide Electronic Claims Processing for Medicare and Medicaid. 7. Mail or electronically process applicable insurance forms to third party payers as required or requested by the patient. Either method shall include information on RFP No. 16-14 - Medical Billing Services For Fire Rescue 15 City of Tamarac Purchasing & Contracts Division where to send payments to City of Tamarac. 8. Post all payments as received by the City's bank through the lock box. 9. Invoice the City on a monthly basis for services rendered based on flat fee for Medicaid and percentage of other fees collected, as indicated on Price Proposal page included herein. 10. Respond promptly to all patient requests and inquiries, whether written or verbal. 11. Comply with all applicable Federal, state and local laws as they apply to the services being provided, such as, but not limited to, the Federal Debit Collection Practices Law. This further includes all requirements to maintain confidentiality for all medical and patient information as referenced in state and local laws, ordinances and/or regulations. 12. Negotiate and arrange modified payment schedules for those individuals unable to pay the full amount at time of initial billing. 13. Maintain any and all documentation, records and patient information in a safe and secure manner that will allow inspection and audit by the City of Tamarac or its agents upon proper notification and within the scope of the awarded Contract. 14. Provide the City with a report of all accounts past due more than 180 days (except where a modified payment schedule has been arranged), including all pertinent facts regarding said accounts. 15. Verify, correct and maintain accurate billing address information for all transported patients 16. Maintain a working arrangement with all of the Tamarac Fire Rescue -serviced hospitals wherein said hospitals provide copies of patient run sheets for each transport to their respective facilities. 17. Support our current citizen's transaction survey process by providing the necessary monthly data for transport report. E. RESPONSIBILITIES OF THE CITY OF TAMARAC 1. The City of Tamarac will provide the necessary patient information to the Successful Proposer on a monthly basis, for all transported patients within the specified time frame. 2. The City of Tamarac will comply with all Federal, State and local laws, rules and regulations as applicable to the contracted services. 3. The City of Tamarac will agree to use the Successful Proposer exclusively for the services specified herein as long as the contract term is current and in force. 4. The City of Tamarac will make every effort to obtain the proper billing address for all billable patients prior to forwarding said information to the Successful Proposer. RFP No. 16-14 -Medical Billing Services For Fire Rescue 16 City of Tarnarac Purchasing & Contracts Division F. DELIVERABLES 1. Distribution of Charges and Collections — This report will track the charges, payments and financial class mix of all patients for a given month. Provide sample. 2. Aged Receivable Report — This report will have outstanding invoices sorted by date with amounts for thirty days, sixty days and ninety days. This report will provide totals for these categories. 3. New Charges Alpha Listing — This report lists all invoices alphabetically by patient name or responsible payer. Provide sample. 4. Monthly Payment Listing - This report lists payment, bad checks, charge offs, write offs and refunds posted to each patient's account. Provide sample 5. Check Edit Listing - This report lists all patients due refunds as a result of overpayment of account. Provide sample. 6. Additional reports as required or requested by City. G. PERFORMANCE SCHEDULE 1. Pricing should reflect costs for services during the initial five (5) year contract term, from October 1, 2016 to September 30, 2021. The Price Proposal should reflect the total costs for all services and should detail the different fees for each service. 2. The Proposer shall include sample invoices and the messages that will be used on 35- and 65-day notices as part of the submittal. All invoice and notice text, layout, color of ink and paper stock is subject to approval by City. VI. PROPOSAL SELECTION The City Manager will appoint an Evaluation and Selection Committee to review Proposals. The City reserves the right to select the Proposer who represents the best value, and to accept or reject any proposal submitted in response to this solicitation. The City's Evaluation and Selection Committee will act in what they consider to be the best interest of the City and its residents. Price shall not be the sole determining factor for selection, as indicated in the following section VII. EVALUATION OF PROPOSALS A. Evaluation Method and Criteria The Evaluation and Selection Committee will evaluate proposals and, if necessary, any presentations by short-listed Proposers, and will select the Proposer that best meets the requirements and criteria of the RFP documents. The City's evaluation criteria may include, but shall not be limited to, the following: 1. Qualifications a. Verification of availability of qualified personnel. RFP No. 16-14 - Medical Billing Services For Fire Rescue 17 City of Tamarac Purchasing & Contracts DivisiorP b. Verification of availability of equipment. c. Ability to meet set standards. d. Expertise of staff. e. Qualifications of the firm. f. Experience. g. References from other municipalities providing similar services. 2. Technical a. Understanding of the requirements. b. Approach. c. Technical soundness of the proposal. d. Proposed scope of work. 3. Financial a. Cost Effectiveness. b. Reasonableness of proposed price. c. Evidence of insurance and/or bonding. 4. Other a. Location of firm (within Tri-County area of Miami -Dade, Broward and Palm Beach Counties). b. Previous contracting experience with the City, if any. c. Performance under past contracts with the City, if any. C. Weighted Criteria Points will be assigned to each proposal based on the following weighted criteria: # Criteria Maximum Points 1 Expertise/Qualifications 20 points 2 Experience in Stated Criteria/Medical Billing 20 points 3 Governmental/Municipal Experience 25 points 4 Technology and Equipment Availability 10 points 5 Collection Philosophy 10 points 6 Price 10 points 7 Location — Office within the Tri-County Area 5 points These weighted criteria are provided to assist Proposers in the allocation of their time and efforts during the proposal preparation process. The criteria also guide the Evaluation Committee during the short -listing and final ranking of proposers f,RFP No. 1 &-14 -{Medical Billing Services For Fire Rescue 18 rise Carp F,*� aaur ��City of Tamarac Purchasing & Contracts Division by establishing a general framework for those deliberations. Once the Proposals are evaluated, a "short-list" may be selected to make presentations to the Evaluation and Selection Committee, prior to a recommendation for award. D. PRESENTATIONS The short-listed Proposers may be requested to make presentations to the Committee. The City may require additional information after evaluation of the submittals, and Proposers agree to furnish such information upon the City's request. E. RIGHT TO REJECT PROPOSALS To the extent permitted by applicable state and federal laws and regulations, City reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time or changes in the work, and to disregard all nonconforming, non -responsive, unbalanced or conditional Proposals. Proposals will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions, unauthorized alterations, or irregularities of any kind. City reserves the right to reject any Proposal if City believes that it would not be in its best interest to make an award to a particular Proposer, either because the Proposal is not responsive, the Proposer is unqualified, of doubtful financial ability, or fails to meet any other pertinent criteria established by City within the scope of this solicitation. CONTACT WITH PERSONNEL OF THE CITY OF TAMARAC OTHER THAN THE PURCHASING AND CONTRACTS MANAGER OR DESIGNATED REPRESENTATIVE REGARDING THEIR REQUEST FOR PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS. Vill. PROPOSAL COPIES Return One (1) Original and six (6) copies, as well as a Readable PDF copy on a USB Flash Drive or CD. in an envelope marked with your firm's name and "RFP No. 16-14 - Medical Billing Services" to the City of Tamarac, Purchasing & Contracts Division, 7525 NW 88th Avenue, Tamarac, Florida 33321, Attention: Andrew J. Rozwadowski, Senior Procurement Specialist Any addenda shall become part of this Request of Proposal and the resulting agreement. The Proposal Form included herein should be signed by an authorized company representative, dated and returned with the Proposal. No negotiations, decisions or actions shall be initiated or executed by the Proposer as a result of any discussions with any City employee. Only those communications that are issued in writing from the Purchasing & Contracts Division may be considered as a duly authorized expression. RFP No. 16-14 - Medical Billing Services For Fie Rescue 19 City of Tamarac Purchasing & Contracts Division Also, only communications from Proposers that are signed in and in writing will be recognized by the City as duly authorized expressions on behalf of the Proposer. CONTACT WITH PERSONNEL OF THE CITY OF TAMARAC OTHER THAN THE PURCHASING AND CONTRACTS MANAGER OR DESIGNATED REPRESENTATIVE REGARDING THEIR REQUEST FOR PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS. Remainder of Page Intentionally Blank • • RFP No, 16-14 - Medical Billing Services For Fire Rescue 20 0 City of Tamarac • & Contracts Division PROPOSALFORM RFP 16-14R MEDICAL BILLING SERVICES 1. Flat Fee Percentage of 2. Flat Rate of $ SUBMITTED BY: Company Name: Address: PROPOSAL PRICE % to administer billing and collections per month for Medicaid. City: Telephone: FAX: Email: State: Zip: NOTE: To be considered eligible for award, one (1) original copy of this proposal form must be submitted with the Proposal. NO BID INDICATION (IF "NO BID" IS OFFERED): Please indicate reason(s) why a Proposal is not being submitted at this time. RFP No. 16-14 - Medical Billir7g Services For Fire Rescue 21 City of Tamarac Purchasing & Contracts Division is COMPANY NAME: (Please Print): Phone: Fax: BEFORE SUBMITTING YOUR PROPOSAL, MAKE SURE YOU... ❑ 1. Carefully read the General Terms & Conditions, Special Conditions and the General Requirements. ❑ 2. Provide representative samples of past work/publications printed by your firm. ❑ 3 Include a Schedule of Prices as requested on the Proposal Form included herein. ❑ 4 References as requested herein. ❑ 5. Fill out and sign the Non -Collusive Affidavit and have it properly notarized. ❑ 6. Sign the Certification page. Failure to do so will result in your Bid being deemed non- responsive. ❑ 7. Fill out the Offeror's Qualification Statement and Reference Form. ❑ 8 Sign the Vendor Drug Free Workplace Form. ❑ 9 Fill out the List of Sub -Contractors or Subcontractors, if applicable. ❑ 10 Fill out and sign the Certified Resolution. ❑ 11 Include all necessary Financial Statements requested. ❑ 12 Include proof of insurance. ❑ 13 Provide any additional documentation requested within the Proposal Document. ❑ 14 Submit ONE (1) Original AND six (6) copies as well as a READABLE PDF copy on a USB Flash Drive or CD as requested in the Proposal Instructions. Clearly mark the sealed container with the PROPOSAL NUMBER AND PROPOSAL NAME on the outside of the package. Make sure your Proposal is submitted PRIOR to the deadline. Late Proposals will not be accepted. Failure to provide the requested attachments may result in your proposal being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR PROPOSAL. • RFP No. 18-14 - Medical Billing Services For Fire Rescue 22 City of Tamarac Purchasing & Confracts Division REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name Address City State Zip Phone/Fax E-mail Agency/Firm Name: Address City State Zip Phone/Fax Contact Name E-mail Agency/Firm Name: Address City State Zip Phone/Fax Contact Name E-mail Agency/Firm Name: Address City State Zip Phone/Fax Contact Name E-mail Agency/Firm Name: Address City State Zip Phone/Fax Contact Name E-mail Agency/Firm Name: Address City State Zip Phone/Fax Contact Name E-mail RFP No. 16-14 - Medical Billing Services For Fire Rescue 23 City of Tamarac Purchasing & Contracts 'Division 0 CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE PROPOSAL We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Scope of Work, Additional Requirements, Supplemental Attachments, Instructions to Proposers, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Request for Proposals. SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 88th Avenue Tamarac, Florida 33321 Indicate which type of organization below: INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION ❑ OTHER ❑ If "Other", Explain: Authorized Signature Typed/Printed Name Telephone Fax Email address for above signer (if any) Company Name Address City, State, ZIP Federal Tax ID Number • • RFP No. 16-14 - Medical Billing Services For Fire Rescue 24 Y�yp CFI; Faa 3'r6ti LCity of Tamarac Purchasing & Contracts Division CERTIFIED RESOLUTION I, (Name), the duly elected Secretary of (Corporate Title), a corporation organized and existing under the laws of the State of , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT (Name)", the duly elected (Title of Officer) of (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. 1 further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE Given under my hand and the Seal of the said corporation this day of , 20_ (SEAL) Secretary Corporate Title NOTE: 0 The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. RFP No. 96-14 - Medical Billing Services For Fire Rescue 25 City of Tamarac Purchasing & Contracts Division PROPOSER'S QUALIFICATION STATEMENT The Proposer, under oath certifies to the truth and correctness of all statements and of all answers to questions made hereinafter: If Proposer is a corporation, answer the following: a) Date of Incorporation: State of Incorporation: 2. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 3. How many years has your organization been in business under its present business name? a) Under what other former names has your organization operated? 4. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 5. State the name of the individual who will serve as the primary contact for the City: 6. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Proposer's business and indicate the percentage owned of each such business and/or individual: 7. Has your company ever declared bankruptcy? Yes ❑ No ❑ If yes, explain: 8. Have you ever received a contract or a purchase order from the City of Tamarac or other governmental entity? Yes ❑ No ❑ If yes, explain: (date, service/project, bid title etc.) 9. Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes ❑ No ❑ If yes, explains: 10. Have you ever been debarred or suspended from doing business with any governmental entity? Yes ❑ No ❑ If yes, explains: RFP No. 16-14 - Medical Billing Services For Fire Rescue 26 • • • City of Tamarac Purchasing & Contracts Division The Offeror acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Offeror to be true. The discovery of any omission or misstatement that materially affects the Offeror's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. Signature RFP No. 16-14 - Medical Billing Senfices For Fire Rescue 27 Gift cif Ta a arac Purchasina & Contracts Division 9 ACKNOWLEDGEMENT OFFEROR'S QUALIFICATION STATEMENT State of County of On this the day of , 20_, before me, the undersigned Notary Public of the State of Florida, personally appeared And (Name(s) of individual(s) who appeared before notary) Whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: (Name of Notary Public: Print, Stamp or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath • RFP No. 16-14 - Medical Billing Services For Fire Rescue 28 • • City of Tamarac � Purchasing & CQ17ttacts Diwsr'or7 NON -COLLUSIVE AFFIDAVIT State of )ss. County of ) says that: being first duly sworn deposes and He/she is the (Owner, Partner, Officer, Representative or Agent) of the Offeror that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: By Witness Witness Printed Name Title RPP No. 16-14 - Medical Billing Services For Fite Rescue _W _gLty o f Ta Ln a ra c Purchasing & Cof7tracts Division ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of On this the _ day of 1 20-, before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) Whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: • (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath RFP No. 16-14 - Medical Billing Services For Fire Rescue 30 • City of Tamarac Purchasing & ContractS Division Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug - free workplace program. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 2. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 3. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after each conviction. 4. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 5. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Authorized Signature Company Name RFP No. 16-14 - Medical Billing Services For Fire Rescue 31 City of Timarac PurchaSir?g & Contracts Division SAMPLE FORM AGREEMENT BETWEEN THE CITY OF TAMARAC AND THIS AGREEMENT is made and entered into this _ day of , 20_ by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and , a corporation with principal offices located at for Medical Billing Services For Fire Rescue. (the "Contractor") to provide Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1. The Contract Documents The contract documents consist of this Agreement, conditions of Request for Proposals (RFP) 16-14 R entitled "Medical Billing Services", (General Terms and Conditions, Instructions to Offerors, and Statement of Work), all addenda issued prior to, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. 2. The Work The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1 Contractor shall furnish all labor, materials, and equipment necessary to administer, process and collect the costs associated with transporting EMS patients. 2.2 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.3 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any RFP No, 16-14 -Medical Billing Services For Fire Rescue 32 i ofof Tarnarac Parchasinq & Contracts Division schedule change with the exception of changes caused by inclement weather. 2.4 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3. Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, Automobile Liability and all other insurance as required by the City, including Medical Malpractice (Errors and Omission Liability). The Contractor will ensure that all sub -Contractors comply with the above guidelines and will retain all necessary insurance in force throughout the terms of this Agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4. Term The work to be performed under this Agreement shall be commenced after City execution of this Agreement. This contract shall be in effect for an initial period of five (5) years, with two (2) additional two-year renewal terms based upon satisfactory performance and mutual agreement of both parties 5. Contract Sum The Contract Sum for the above work is Dollars and cents ( ) 6. Payments The City shall pay in full the Contract Sum to the Contractor upon completion of the work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. The City shall pay the Contractor for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. All payments shall be governed by the Florida Prompt Payment Act, F.S., Part VII, Chapter 218. 7. Indemnification RFP No. 16-14 - Medical Billing Services For Fire Rescue M pity oP Tamarac Parchasin & Contracts C?ivision 7.1 GENERAL INDEMNIFICATION: Contractor shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, any sub -Contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Contractor in the performance of the Work; or c). liens, claims or actions made by the Contractor or any sub -Contractor under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by the Contractor. 7.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 7.3 The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. 7.4 City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 8. Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The RFP No. 16-14 - Medical Billing Services For Fire Rescue 34 City of Tamarac PUE asin & ��on Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 9. Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent Contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 10. Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 11. Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. RFP No. 16-14 - Medical Bitting Services For Fire Rescue 35 ifY of ian arc Purchasir& Contracts Division 10 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR 12. Termination 12.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 12.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 13. Uncontrollable Forces 13.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 13.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from • performance by an uncontrollable force, give written notice to the other party RFP No. 16-14 - Medical Billing Services For Fire Rescue 36 Cit of Tarnarae Purchasing & Contracts Division describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 14. Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 15. Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 16. Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 17. Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 18. Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 19. No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 20. PUBLIC RECORDS CUSTODIAN RFP No. 16-14 - Medical Billing Setvices For Fire Rescue 37 City of Zarnarac PIJEia�Contracts Divisi©n IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 C I TYC L E R K@TA M A RA C. O RG Remainder of Page Intentionally Blank (9 RFP No. 16-14 - Medical Billing Services For Fire Rescue 38 0 City of Tamarac _ Purchasing & Contracts Division • IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through by duly authorized to execute same. CITY OF TAMARAC Harry Dressler, Mayor Date ATTEST: Michael C. Cernech, City Manager Patricia A. Teufel, CIVIC Date: City Clerk Approved as to form and legal sufficiency: Date Samuel S. Goren ATTEST: Company Name (Corporate Secretary) Signature of President/Owner Type/Print Name of Corporate Secy. Type/Print Name of President/Owner (CORPORATE SEAL) Date RFP No. 16-14 - Medical Billing Services For Fire Rescue 39 City of Tamarac Purchasina & Contracts Dhvision CORPORATE ACKNOWLEDGEMENT STATE OF SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknoxvedgments, personally appeared . of a Cmrpormbon, to me known to be the peroon(s)desorbed in and who executed the foregoing instrument and acknowledged before me that he/she executed the WITNESS my hand and official seal this — day of 1 20_ Signature of Notary Public State of Florida at Large Print, Type orStamp Name of Notary Public F� Personally known tomeor El Produced Identification Type mfiD.Produced DID take anoath, or F� DID NOT take an oath. Rf9PNo Y6-f4-Medical Billing Services For Fire Rescue 40 0 9 • • City of Tamarac Purch�asing l Contracts division APPENDIX A PRICING SCHEDULE RFP No, 16-14 - Medical Billing Services For Fire Rescue 41 O (0 N W N U w � d W N E • a z o U N fO J H m x CO = U W p c N W W � m O (0 N > W F c LL C� MEDICAL BILLING SERVICES AGREEMENT BETWEEN THE CITY OF TAMARAC AND ADVANCED DATA PROCESSING, INC. (ADPI) A SUBSIDIARY OF INTERMEDIX CORPORATION THIS AGREEMENT is made and entered into this day of 2016 by and between the City of Tamarac, a municipal corporation with principd9l offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and _ADVANCED DATA PROCESSING, INC. (ADPI), a Delaware corporation, duly registered as a Florida Foreign Corporation, with principal offices located at 6451 N. FEDERAL HIGHWAY SUITE 1000 FORT LAUDERDALE, FL 33308 (the "Contractor") to provide for Medical Billing Services For Fire Rescue. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1. The Contract Documents The contract documents consist of this Agreement, conditions of Request for Proposals (RFP) 16-14 R entitled "Medical Billing Services", (General Terms and Conditions, Instructions to Offerors, and Statement of Work), all addenda issued prior to, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. 2. The Work The Contractor shall perform all work for the City required by the contract documents as set forth below and in RFP # 16-14 R: 2.1 Contractor shall furnish all labor, materials, and equipment necessary to administer, process and collect the costs associated with transporting EMS patients. 2.2 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.3 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. 2.4 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3. Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, Automobile Liability and all other insurance as required by the City, including Medical Malpractice (Errors and Omission Liability). The Contractor will ensure that all sub -Contractors comply with the above guidelines and will retain all necessary insurance in force throughout the terms of this Agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4. Term The work to be performed under this Agreement shall be commenced after City execution of this Agreement. This contract shall be in effect for an initial period of five (5) years, with two (2) additional two-year renewal terms based upon satisfactory performance and mutual agreement of both parties. 5. Contract Sum The Contract Sum for the above work is outlined in Attachment A. 6. Payments The City shall pay in full the Contract Sum to the Contractor upon completion of the work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. The City shall pay the Contractor for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. All payments shall be governed by the Florida Prompt Payment Act, F.S., Part VII, Chapter 218. 7. Indemnification 7.1 GENERAL INDEMNIFICATION: Contractor shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, any sub -Contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Contractor in the performance of the Work; or c). liens, claims or actions made by the Contractor or any sub -Contractor under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by the Contractor. 7.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 7.3 The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. 7.4 City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 8. Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 9. Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent Contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 10. Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 11. Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7526 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR ADVANCED DATA PROCESSING, INC. (ADPI) A SUBSIDIARY OF INTERMEDIX 6451 N. FEDERAL HIGHWAY SUITE 1000 FORT LAUDERDALE, FL 33308 joel.portice@intermedix.com 12. Termination 12.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 12.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 13. Uncontrollable Forces 13.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 13.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 14. Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 15. Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 16. Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 17. Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 18. Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 19. No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 20. PUBLIC RECORDS CUSTODIAN IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK@TAMARAC.ORG Remainder of Page Intentionally Blank IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through by gr"A - hwp-�h Ifs C % duly authorized to execute same. EST: e. Patricia A. Teufel, CI� City Clerk \\(\/�\ / 'TA1V1,q��,° 9C) Date . e ST PB�~�SH�D • � - �03:E 3 : [�- ��•'• SEAS O ATTEST: -Q,q ;�A ,\.. Coo (Corporate Secretary) f 1 Leigh, Melissa, itle Secretary (CORPORA; E SEAL) CnY OF TAMARAC Harry bressler, Mayor // -1 fJ` //" A-�4- Date: Approved as to form and legal sufficiency: A xt4 /J- 917-144 Sam el S. Goren Advanced Data Processing, Inc. Company Name ig tdiel r Sid neF Kenneth L. Cooke J el Portice, ItEO July 26, 2016 Date CORPORATE ACKNOWLEDGEMENT STATE OF TENNESSEE DAVIDSON :SS COUNTY OF HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared JOEL PORTICE AND KEN COOKE , of INTERMEDIX CORPORATION , a DELAWARE Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this 26thday of JULY , 20 .16 '1 f / t W�,Myry,,�, Signature of Notary Public State of Tennessee at Large ...........``�: cog. • LINDA W. SMITH Print, Type or Stamp Name of Notary Public ® Personally known to me or ❑ Produced Identification NONE Type of I.D. Produced ❑ DID take an oath, or ® DID NOT take an oath.