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Backup Documents 03/12/2024 Item #16F6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I ► F 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management 66 3//Zig* 2. County Attorney Office County Attorney Office , l yhi7 4. BCC Office Board of County Commissioners Of /113 /5) 4. Minutes and Records Clerk of Court's Office P(1F 3.1 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event. one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Francheska Correa/Procurement Contact Information 239-252-6020 Contact/Depai trnent Agenda Date Item was 03/12/2024 Agenda Item Number 16.F.6 Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 23-8098 Digitech number if document is Digitech Computer, Computer, LLC to be recorded LLC INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) ]. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be FC signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the FC document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's FC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 03/12/2024 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. q11/1142 this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the *i an option for Chairman's signature. this line. 1 6F6 FIXED TERM SERVICE AGREEMENT # 23-8098 for EMS Billing Services II THIS AGREEMENT, made and entered into on this IZ ' day of (1)Arc-in 2024 , by and between Digitech Computer LLC authorized to do business in the State of Florida, whose business address is 480 Bedford Rd. Bldg 600, 2nd Floor, Chappaqua, NY 10514 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing (III upon the date of Board approval; or on — - and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a 0 Purchase Order ❑Notice to Proceed:- 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of n Request for Proposal (RFP) # 23-9098 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. Ii The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Agreement [2023_ver.2] cA0 1 6F 6 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): transferred from thc County to thc contractor; and, as a business practice there are no is authorized. which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practise; of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material-er equipment invoices, and other reimbursable ❑■ Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. Page 2 of 17 Fixed Term Service Agreement [2023_ver.2] 16F6 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 47 I ey-T-cavet--and---Reimbursabl—Expense& Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. • Mileage $ -mile Bfeakfast $6 00 hunch $- 4OO ginner $49700 �e Actual ticket cost limited to tourist or coach class faro Rental-cam Actual rental cost limited to compact or standard size vehicles hedging cap of no more than $150.00 per night Pafking Actual cost of parking • long distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Digitech Computer LLC Address: 7900 NW 154th St., Suite 201 Miami Lakes, FL 33016 Authorized Agent: Mark Schiowitz, CEO / Joyce Kerulo, CFO Attention Name & Title: Mary Del Franco, Director Telephone: (914) 741-1919 E-Mail(s): Mdelfranco@digitechcomputer.com Sales a(�,digitechcomputer.com Page 3of17 Fixed Term Service Agreement v,Q [2023_ver.2] 6F 6 All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Name: Emergency Medical Services Division Director: Michael Choate Address: 8075 Lely Cultural Parkway, Suite 267 Naples, Florida 34113 Administrative Agent/PM: Cherie DuBock, Accounting Supervisor Telephone: (239) 252-3756 E-Mail(s): Cherie.DuBock©colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during Page 4 of 17 Fixed Term Service Agreement [2023_ver.2] 1 6F 6 the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of the non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B, I yid+ty • Employee Non Ownership. C. U■I Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$ 500,000 for each accident. • E. I■I Cyber Liability: Coverage shall have minimum limits of $ 1,000,000 per claim. Page 5 of 17 Fixed Term Service Agreement [2023_ver.2] 1 6F6 F. n Crime : Coverage shall have minimum limits of$ 1,000,000 per Occurrence. G. II Technology Errors & Omissions : Coverage shall have minimum limits of$ 1,000,000 per Occurrence. III • Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page 6of17 Fixed Term Service Agreement [2023_ver.2] 1 6 F 6 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Emergency Medical Services Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), • Exhibit A Scope of Services, Exhibit B Fee Schedule, I■] RFP/ IT-BA l Other #23-8098 , including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes, and ■ Other Exhibit/Attachment: Business Associate Agreement 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Term Service Agreement [2023_ver.2] 1 6F6 located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the requirements set forth in Florida Statute, §448.095; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(c colliercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws Page 8 of 17 Fixed Term Service Agreement [2023_ver.2] 1 6F6 referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 23. ❑ CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. Page 9 of 17 Fixed Term Service Agreement - "1 [2023 ver.2] "�' 16r6 25. n ICI-T-I(- Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for • • • Documents. conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay of such replacement or repair. These warranties arc in addition to those implied warranties to which the County is entitled as a matter of law. 26. 7 TESTS AND—INS requires any portion of the Work to be specifically inspected, tested or approved, acceptable to the County. 27. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such lose or damage until final payment has been made. If Contractor or contractors, Contractor shall be charged with the same, and any monies necessary B—Gent aetor shall not load nor permit any part of any structure to be loaded in any Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom immediately notify the County. The County shall rc establish the benchmarks and Page 10 of 17 Fixed Term Service Agreeme . NO) [2023_ver.2' 1 6F 6 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. anage Page 11 of 17 Fixed Term Service Agreement(!. [2023_ver.2] 1 6F6 assigned shall be available for an amount of time adequate to mcct the required service dates. The Contractor shall not change Key Personnel unless the following conditions are The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement peFsennet: • AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. ■ ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. act Documents and/or the County's Board approved precedence over the Agreement. To the extent any conflict in the terms of the Contract • 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least Page 12 of 17 Fixed Term Service Agreement [2023_ver.2] 1 6F 6 four(4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS cni colliercountyfl.gov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 38. I I SAS er-s--are beoratfac-te-Fs-peffer a eFvice-fof-Gollier--Got ri-ty--are reqtuired-eRd-s,hafl-ceFrmaly-w444 att-Geer oo afety-a 44eat#h ld +o-ictr-a-tion- 19 ; Stat d--Gecttpati e efel #this -ap lieeble siblewfor the sa t y-or r-to e-wete: Collier County Covcrnment has authorized the Occupational Safety and Health ht-of way negetiable-ey-ahy-div-ieiehkiepactment-afidier-Gehtfeeter-7-414-abigeable-Q-84-1A-inepectien ave uffty ere-the-projeet--is-taI4Rg--plaee shall be the only entity allowed to refuse access to the project. However, this-•deeioioa shell-effly-be-fhaile-by-Gellier--Geuhtyls-Risk-ganagecheht-laivieien-Safety-Maffiagefnaildlef Safety-Ehejiheer, 39. This Agreement supersedes and replaces Agreement #17-7133, as amended, which agreement is now null and void. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Agreement [2023 ver.21 1 F 6 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of the Circuit COLLIER COUNTY, FLORIDA Court and Compt oiler By: By: 61".406-ik Dated: 3- 1-9) Chris Hall. Chairman (SEAL) Attest as to Chairman's signature only Digitech Computer LLC Contractor's Witnesses: Contractor By. ----- Contractor's First Witness Signature Walter C. Pickett, II, COO Mark Schiowitz, President and CEO TType/print signature and titleT TType/print witness nameT 1 Contractor's Second Witness 'Ontkitilt,& M IlUZ.6 TType/print witness name Approv cl, s t m and Legality: C nty Attorney ou,) int me Page 14 of 17 Fixed Tenn Service Agreement [2023 ver,2] 1 6F6 Exhibit A Scope of Services ■ following this page (containing 4 pages) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement _ [2023_ver.2] f bF6 Request for Proposal (RFP) 23-8098 "EMS Billing Services" EXHIBIT A SCOPE OF SERVICES DETAILED SCOPE OF WORK Collier County Emergency Medical Services ("CCEMS") is seeking professional service agencies, companies, corporations,partnerships, individual organizations,and/or other legal entities organized under the laws of the State of Florida to provide billing services for EMS transport, including the services listed below. The Contractor must have provided billing services for emergency medical services transport in the last five (5)years and be prepared to assume billing services for Collier County in 2023. A. Provide billing and collection services for EMS transports, as required on a case-by-case basis, using a billing system that conforms to generally accepted accounting principles (GAAP). B. Ensure segregation of duties, whereby the same individual must not be able to enter billing, adjust billing, post payments, nor deposit funds; and maintain the necessary levels of security in their automated billing system to protect the County from loss. C. Propose a fee for their services that will include all expenses of billing and collection including, but not limited to,pick-up and delivery of patient care reports and mail/payments,stationary,fax forms,envelopes, mailing,postage,and communications costs. In accordance with Florida Statutes,provide a flat rate fee for each account paid by Medicaid. D. Ensure that all required documentation and agreements with payers (e.g., Medicare, Medicaid, Tri-Care, etc.) are filed and maintained and that the County is kept up to date on important changes to industry regulations. E. Provide periodic training(minimum annually)to County Emergency Medical Services personnel regarding the gathering of necessary information and proper completion of Patient Care Reports (PCRs). F. Ability to download PCRs from the County's EMS data collection system (ImageTrend),or any EMS data collection system used by the County. The Contractor must accept electronic data from Collier County via a secure network supplied by the Contractor. The secure data transfer will be electronic in XML, ascii or any other acceptable electronic data transfer format. The contractor agrees to bear any cost associated with incompatibility due to future upgrades or changes in the County's ePCR vendor.Must be able to import all data elements from PCR system. Upon receipt of notice of termination or upon request of the County,the Contractor shall: Comply with the County's instructions for the timely transfer of any active files and work product produced by the Contractor under the Contract; Cooperate in good faith with the County and its employees, agents and contractors during the transition period between the notification of termination and the substitution of any replacement contractor(s);and immediately return to the County any payments made by the County for Services that were not delivered or rendered by the Contractor. G. Ability to download payment information from the County electronically. H. Ability to accept credit card/ACH payments (must be PCI Compliant), include any fees and where they will apply. Page 1 of 4 Exhibit A—Scope of Services �'" 16F6 Request for Proposal (RFP) 23-8098 "EMS Billing Services" I. Mail patient invoice and Notice of Privacy in the first mailing (including return envelope) to the patient within seven (7) business days of receipt of transport information from CCEMS. Have the flexibility to change wording on invoices as needed. J. Provide prompt submission of Medicare,Medicaid,and Insurance claims after receiving PCRs,which will be the contractor's notice to commence the billing/collection process, including keeping logs confirming all electronic submissions. Secondary insurance provider claims will be submitted after the primary insurance provider has paid. The County will monitor for probate and bankruptcy cases for CCEMS patients and on receiving Bankruptcy and Probate notice, will submit information with appropriate detail to contractor for filing. The contractor will respond to County requests and post payments/adjustments related to probate and bankruptcy proceedings. K. 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 Debt Collection Practices Law. This also includes all requirements to maintain confidentiality for all medical and patient information as related to insurance and local laws or rules and regulations, such as, but not limited to, the Health Insurance Portability and Accountability Act (HIPAA),Hi Tech Rule and Red Flag Rule. In addition to signing a contract for the services covered under this RFP, the successful bidder will also be required to sign a separate contract titled "Attachment B - Business Associate Addendum"covering provisions on Protected Health Information found under HIPAA laws and regulations. L. Guarantee claim follow-up and re-bill and work with the insurance companies when applicable. Re-bill indicates that all charges applicable to the service be retrievable in billing type format and/or detailed statement. M. Provide a reconciliation of the number of transports (PCRs) collected with those transmitted to the contractor and contact the County to report any discrepancies. N. Provide web access to the County for access to ad hoc reports on billing performance O. Establish a skip-tracing process to validate patient information (correct spelling of name, social security #'s, Date of Birth, and mailing address to also include unit/condo #'s) and keep current with returned mail/bad addresses. If an account comes back with a bad address and the billing company is unable to locate a credible address for a patient, the account is to be immediately turned over to the County's contracted collection agency. P. Provide a designated,responsive,and professional liaison for patient/payer concerns.Accept responsibility for all CCEMS consumer complaints and compliments by providing this information to the CCEMS administration via e-mail no later than the following business day.Provide the County and patients a means to provide billing information, preferably through a secure website. Q. Provide a local phone number or e-mail to respond to inquiries concerning patient account information. R. Provide proper security of confidential information and proper shredding of all disposed materials containing confidential information. Retain appropriate records in accordance with Florida records retention requirements. S. Establish professional relationships with CCEMS serviced hospitals to obtain/verify patient insurance and Page 2 of 4 Exhibit A—Scope of Services '� 1 6F6 Request for Proposal (RFP) 23-8098 "EMS Billing Services" contact information. Must have the capability to receive hospital reports electronically. T. Respond within one (1) business day to the County, patients, and patient representatives on request for information, either written or verbal; and record all contact information in system for tracking purposes and the creation of an audit trail. U. Participate in face-to-face meetings between County personnel and your appropriate personnel on a semi- annual basis (at minimum)to discuss current legislation, trends, hot topics, and better business practices. V. Maintain appropriate accounting procedures and provide for reconciling all payments, bank deposits, receivables, billings, patient accounts, adjustments, and refunds between the contractor's billing system and County records. W. Provide the County with copies of supporting documentation for refunds to be made by the County the month following the payment posting date. X. Provide timely comprehensive reports facilitating all required aspects of monitoring, evaluating, auditing, and managing the services monthly. Reports are to include detailed revenue analysis and forecasts on an as-needed basis. Y. Provide pre-collection activities on accounts to significantly reduce accounts being turned to an outside collection agency. At minimum, this activity should include: three (3) statements sent within nine (9) months with no returned mail; if returned mail—contact"destination facility," one (1)telephone contact, or three (3) attempts for telephone contact. Z. Process Medicare Revalidation and represent CCEMS in Medicare and Medicaid audits. Will be responsible for any fines incurred due to negative audit findings. AA.Provide the County or designated collection agency with all unpaid invoices along with the complete processing history once accounts are past due by 180 days unless County has specified that a particular account not be sent to collection. BB.Be responsible for the filing of any claim for those accounts sent to collections where it has been determined insurance was available and provide inquiry access to those accounts to the collection agency. CC.Negotiate and arrange modified payment schedules for individuals unable to pay full amount when billed in accordance with County procedures. The contractor will not lower any billed amount without the prior approval of the County. DD.Provide the County with access to all County accounts, data, and information maintained in the automated system of the contractor including any hardware, software, or connection services required, and provide initial and then as-needed on-site training for CCEMS administrative staff on the software utilized. EE. The proposal must provide a summary of the methods that the contractor intends to use for the storage of records and the related security and disaster recovery plans; and how it plans to ensure continuity of operations to operate in the event of a disaster or similar event that results in the interruption of the normal operating conditions of the contractor's primary place of business providing services to the County or any of the support or technical aspects of that office. Include details about how the plan is exercised to assure Page3of4 Exhibit A—Scope of Services i 1 6F6 Request for Proposal (RFP) 23-8098 "EMS Billing Services" the plan produces the intended results. FF. Develop a plan for receiving mail, depositing payments, and providing the County with payment information for accounts prior to the contract period. GG.Provide copies of all user manuals, system overviews, technical manuals, and reports on controls such as internal/external audits or regulatory authority reports when requested to do so by the County. HH.Comply with all applicable federal, state, and local regulations. The proposal should describe recent and planned efforts for compliance with privacy requirements and data transmission. Recent audits by Medicare, Medicaid, or other agencies may be used to document compliance. Possession of the SSAE 18 Audit Standard certification is required. II. The County will have the option to authorize the selected proposer to perform billing services on new collection cases at the proposed rate or for all existing cases at a separately negotiated rate. JJ. For monthly reconciliation and payment of invoice by the County, provide the following: a. Payments and return items are to be posted same date as bank deposit posting date. All postings should be current, and all items reconciled by end of business month. Any irreconcilable items are to be reported timely to the County for direction and resolution. All postings should be reconciled with the County weekly. b. Provide monthly reports specific to County requirements. c. Monthly reports are to be received by the County no later than the 5th business day of the following month. KK.Assist County in preparation of Medicaid Certified Public Expenditure (CPE) reporting and indicate fee for that service. LL. Attachment A is a charge summary breakdown for FY22. MM.Transition of Services 1. Contractor is required to provide a time estimate to complete implementation and begin performing all services. 2. Contractor to provide support during implementation, including technical assistance,user manuals, instructional and/or educational materials, on-site visits and/or other assistance. Page 4 of 4 Exhibit A—Scope of Services 16F6 Exhibit B Fee Schedule following this page (containing 1 page) r C, Page 16 of 17 Fixed Term Service Agreement [2023_ver.2] 1 6F 6 Request for Proposal (RFP) 23-8098 "EMS Billing Services" EXHIBIT B FEE SCHEDULE The prices shown hereon shall include all expenses of billing and collection including, but not limited to email communication, mail payments, stationary, fax forms, envelopes, mailing, postage, and communication costs. Description Fee Medical Claim per each transport account $7.25 processed. All non-Medicaid collections (% of Net 3.65% Collected Revenue. PEMT services 6% MCO services 3% Page 1 of 1 Exhibit B—Fee Schedule 1 6Fb Other Exhibit/Attachment Description: Business Associate Agreement • following this page (containing 8 pages) n this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement [2023_ver.2] 1 6p 6 BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement("Agreement") is entered into between COLLIER COUNTY ("Covered Entity") and Digitech Computer LLC, whose address is: 480 Bedford Rd. Bldg 600, 2"d Floor, Chappaqua,NY 10514, ("Business Associate"), effective as of this day of , 2023 (the"Effective Date"). WHEREAS, Covered Entity and Business Associate have entered into, or plan to enter into, an arrangement pursuant to which Business Associate may provide services for Covered Entity that require Business Associate to access, create and use Protected Health Information ("PHI") that is confidential under state and/or federal law; and WHEREAS, Covered Entity and Business Associate intend to protect the privacy and provide for the security of PHI disclosed by Covered Entity to Business Associate, or collected or created by Business Associate, in compliance with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 ("HIPAA"), and the regulations promulgated there under, including, without limitation, the regulations codified at 45 CFR Parts 160 and 164 ("HIPAA Regulations"); the Health Information Technology for Economic and Clinical Health Act, as incorporated in the American Recovery and Reinvestment Act of 2009, and its implementing regulations and guidance issued by the Secretary of the Department of Health and Human Services (the "Secretary") (the "HITECH Act"); and other applicable state and federal laws, all as amended from time to time, including as amended by the Final Rule issued by the Secretary on January 17, 2013 titled "Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules under the Health Information Technology for Economic and Clinical Health Act and the Genetic Information Nondiscrimination Act; Other Modifications to the HIPAA Rules"; and WHEREAS, the HIPAA Regulations require Covered Entity to enter into an agreement with Business Associate meeting certain requirements with respect to the Use and Disclosure of PHI, which are met by this Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein and the exchange of information pursuant to this Agreement,the parties agree as follows: 1. Definitions. Capitalized terms used herein without definition shall have the meanings ascribed to them in the HIPAA Regulations or the HITECH Act, as applicable unless otherwise defined herein. 2. Obligations and Activities of Business Associate. a. Permitted Uses and Disclosures. Business Associate shall only Use or Disclose PHI for the purposes of (i) performing Business Associate's obligations under Exhibit A of this Agreement("Exhibit A") resulting from Covered Entity's Solicitation#23-8098 "EMS Billing Services" of this Agreement and as permitted by this Agreement; or(ii) as permitted or Required By Law; or(iii) as otherwise permitted by this Agreement. Business Associate shall not Use or further Disclose PHI other than as permitted or required by this Agreement or as Required By Law. Further,Business Associate shall not Use or Disclose PHI in any manner that would constitute a violation of the HIPAA Regulations or the HITECH Act if so used by Covered Entity, except that Business Associate may Use PHI (i) for the proper management and administration of Business Associate; and (ii) to carry out the legal responsibilities of Business Associate. Business Associate may Disclose PHI for the Page 1 of 8 (rev. 10/2023) �._- 1 6F6 proper management and administration of Business Associate, to carry out its legal responsibilities or for payment purposes as specified in 45 CFR § 164.506(c)(1) and (3), including but not limited to Disclosure to a business associate on behalf of a covered entity or health care provider for payment purposes of such covered entity or health care provider, with the expectation that such parties will provide reciprocal assistance to Covered Entity,provided that with respect to any such Disclosure either: (i)the Disclosure is Required By Law; or (ii) for permitted Disclosures when Required By Law, Business Associate shall obtain a written agreement from the person to whom the PHI is to be Disclosed that such person will hold the PHI in confidence and will not use and further disclose such PHI except as Required By Law and for the purpose(s) for which it was Disclosed by Business Associate to such person, and that such person will notify Business Associate of any instances of which it is aware in which the confidentiality of the PHI has been breached. b. Appropriate Safeguards. Business Associate shall implement administrative, physical and technical safeguards that (i) reasonably and appropriately protect the confidentiality, integrity and availability of electronic PHI that it creates, receives, maintains or transmits on behalf of Covered Entity; and (ii) prevent the Use or Disclosure of PHI other than as contemplated by the Master Agreement and this Agreement. c. Compliance with Security Provisions. Business Associate shall: (i) implement and maintain administrative safeguards as required by 45 CFR § 164.308, physical safeguards as required by 45 CFR § 164.3 10 and technical safeguards as required by 45 CFR § 164.3 12; (ii) implement and document reasonable and appropriate policies and procedures as required by 45 CFR § 164.3 16; and (iii) be in compliance with all requirements of the HITECH Act related to security and applicable as if Business Associate were a"covered entity,"as such term is defined in HIPAA. d. Compliance with Privacy Provisions. Business Associate shall only Use and Disclose PHI in compliance with each applicable requirement of 45 CFR § 164.504(e). Business Associate shall comply with all requirements of the HITECH Act related to privacy and applicable as if Business Associate were a "covered entity," as such term is defined in HIPAA. To the extent Business Associate is to carry out one or more of Covered Entity's obligation(s) under Subpart E of 45 CFR Part 164, Business Associate shall comply with the requirements of Subpart E that apply to Covered Entity in the performance of such obligation(s). e. Duty to Mitigate. Business Associate agrees to mitigate, to the extent practicable and mandated by law, any harmful effect that is known to Business Associate of a Use or Disclosure of PHI by Business Associate in violation of the requirements of this Agreement. f. Encryption. To facilitate Business Associate's compliance with this Agreement and to assure adequate data security, Covered Entity agrees that all PHI provided or transmitted to Business Associate pursuant to the Master Agreement shall he provided or transmitted in a manner which renders such PHI unusable, unreadable or indecipherable to unauthorized persons, through the use of a technology or methodology specified by the Secretary in the guidance issued under section 13402(h)(2)of the HITECH Act. Covered Entity acknowledges that failure to do so could contribute to or permit a Breach requiring patient notification under the HITECH Act and further agrees that Business Associate shall have no liability for any Breach caused by such failure. 3. Reporting. a. Security Incidents and/or Unauthorized Use or Disclosure. Business Associate shall report to Covered Entity a successful Security Incident or any Use and/or Disclosure of PHI other than as provided for by this Agreement or permitted by applicable law within a reasonable time of becoming aware of such Security Incident and/or unauthorized Use or Disclosure (but not later than five (5) days Page 2 of 8 (rev. 10/2023) 2 6F 6 thereafter), in accordance with the notice provisions set forth herein. Business Associate shall take (i) prompt action to cure any such deficiencies as reasonably requested by Covered Entity, and(ii)any action pertaining to such Security Incident and/or unauthorized Use or Disclosure required by applicable federal and state laws and regulations. If such successful Security Incident or unauthorized Use or Disclosure results in a Breach as defined in the HITECH Act, then Covered Entity shall comply with the requirements of Section 3.b below. b. Breach of Unsecured PHI. The provisions of this Section 3.b are effective with respect to the Discovery of a Breach of Unsecured PHI occurring on or after September 23, 2009. With respect to any unauthorized acquisition, access, Use or Disclosure of Covered Entity's PHI by Business Associate, its agents or subcontractors,Business Associate shall(i) investigate such unauthorized acquisition, access, Use or Disclosure; (ii) determine whether such unauthorized acquisition, access, Use or Disclosure constitutes a reportable Breach under the HITECH Act; and (iii) document and retain its findings under clauses (i) and (ii). If Business Associate Discovers that a reportable Breach has occurred, Business Associate shall notify Covered Entity of such reportable Breach in writing within five (5) days of the date Business Associate Discovers such Breach. Business Associate shall be deemed to have discovered a Breach as of the first day that the Breach is either known to Business Associate or any of its employees, officers or agents, other than the person who committed the Breach, or by exercising reasonable diligence should have been known to Business Associate or any of its employees, officers or agents, other than the person who committed the Breach. To the extent the information is available to Business Associate, Business Associate's written notice shall include the information required by 45 CFR § 164.410(c). Business Associate shall promptly supplement the written report with additional information regarding the Breach as it obtains such information. Business Associate shall cooperate with Covered Entity in meeting Covered Entity's obligations under the HITECH Act with respect to such Breach. 4. Business Associate's Agents. To the extent that Business Associate uses one or more subcontractors or agents to provide services under Master Agreement, and such subcontractors or agents receive or have access to PHI, Business Associate shall sign an agreement with such subcontractors or agents containing substantially the same provisions as this Agreement. 5. Rights of Individuals. a. Access to PHI. Within ten (10) days of receipt of a request by Covered Entity, Business Associate shall make PHI maintained in a Designated Record Set available to Covered Entity or, as directed by Covered Entity, to an Individual to enable Covered Entity to fulfill its obligations under 45 CFR § 164.524. Subject to Section 5.b below, (i) in the event that any Individual requests access to PHI directly from Business Associate in connection with a routine billing inquiry, Business Associate shall directly respond to such request in compliance with 45 CFR § 164.524; and (ii) in the event such request appears to be for a purpose other than a routine billing inquiry, Business Associate shall forward a copy of such request to Covered Entity and shall fully cooperate with Covered Entity in responding to such request. In either case, a denial of access to requested PHI shall not be made without the prior written consent of Covered Entity. b. Access to Electronic Health Records. If Business Associate is deemed to use or maintain an Electronic Health Record on behalf of Covered Entity with respect to PHI, then,to the extent an Individual has the right to request a copy of the PHI maintained in such Electronic Health Record pursuant to 45 CFR § 164.524 and makes such a request to Business Associate, Business Associate shall provide such individual with a copy of the information contained in such Electronic Health Record in an electronic format and, if the Individual so chooses, transmit such copy directly to an entity or person designated by the Individual. Business Associate may charge a fee to the individual for providing a copy of such information, but such fee may not exceed Business Associate's labor costs in responding to the request for the copy. The provisions of 45 CFR § 164.524, including the exceptions to the requirement to Page 3 of 8 r (rev. 10/2023) 1 bF6 provide a copy of PHI, shall otherwise apply and Business Associate shall comply therewith as if Business Associate were the "covered entity," as such term is defined in HIPAA. At Covered Entity's request, Business Associate shall provide Covered Entity with a copy of an Individual's PHI maintained in an Electronic Health Record in an electronic format and in a time and manner designated by Covered Entity in order for Covered Entity to comply with 45 CFR § 164.524, as amended by the HITECH Act. c. Amendment of PHI. Business Associate agrees to make any amendment(s) to PHI in a Designated Record Set that Covered Entity directs or agrees to pursuant to 45 CFR § 164.526 at the request of Covered Entity or an Individual, and in the time and manner designated by Covered Entity. d. Accounting Rights. This Section 5.d is subject to Section 5.e below. Business Associate shall make available to Covered Entity, in response to a request from an Individual, information required for an accounting of disclosures of PHI with respect to the Individual, in accordance with 45 CFR § 164.528, incorporating exceptions to such accounting designated under such regulation. Such accounting is limited to disclosures that were made in the six (6) years prior to the request and shall not include any disclosures that were made prior to the compliance date of the HIPAA Regulations. Business Associate shall provide such information as is necessary to provide an accounting within ten (10) days of Covered Entity's request. Such accounting must he provided without cost to the Individual or to Covered Entity if it is the first accounting requested by an Individual within any six (6) month period; however, a reasonable, cost-based fee may be charged for subsequent accountings during that period if Business Associate informs Covered Entity and Covered Entity informs the Individual in advance of the fee, the Individual is afforded an opportunity to withdraw or modify the request and charging such fee is not otherwise contrary to law. Such accounting obligations shall survive termination of this Agreement and shall continue as long as Business Associate maintains PHI. e. Accounting of Disclosures of Electronic Health Records. The provisions of this Section 5.e shall be effective on the date specified in the HITECH Act. If Business Associate is deemed to use or maintain an Electronic Health Record on behalf of Covered Entity, then, in addition to complying with the requirements set forth in Section 5.d above, Business Associate shall maintain an accounting of any Disclosures made through such Electronic Health Record for Treatment, Payment and Health Care Operations, as applicable. Such accounting shall comply with the requirements of the HITECH Act. Upon request by Covered Entity, Business Associate shall provide such accounting to Covered Entity in the time and manner specified by Covered Entity and in compliance with the HITECH Act. Alternatively, if Covered Entity responds to an Individual's request for an accounting of Disclosures made through an Electronic Health Record by providing the requesting Individual with a list of all business associates acting on behalf of Covered Entity, then Business Associate shall provide such accounting directly to the requesting Individual in the time and manner specified by the HITECH. Act. f. Agreement to Restrict Disclosure. If Covered Entity is required to comply with a restriction on the Disclosure of PHI pursuant to Section 13405 of the HITECH Act, then Covered Entity shall,to the extent necessary to comply with such restriction, provide written notice to Business Associate of the name of the Individual requesting the restriction and the PHI affected thereby. Business Associate shall, upon receipt of such notification, not Disclose the identified PHI to any health plan for the purposes of carrying out Payment or Health Care Operations, except as otherwise required by law. Covered Entity shall also notify Business Associate of any other restriction to the Use or Disclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR § 164.522. 6. Remuneration and Marketing. a. Remuneration for PHI. This Section 6.a shall be effective with respect to exchanges of PHI occurring six (6) months after the date of the promulgation of final regulations implementing the provisions of Section 13405(d) of the HITECH Act. On and after such date, Business Page 4 of 8 .� (rev. 10/2023) 1 6F6 Associate agrees that it shall not, directly or indirectly, receive remuneration in exchange for any PHI of Covered Entity except as otherwise permitted by the HITECH Act. b. Limitations on Use of PHI for Marketing Purposes. Business Associate shall not Use or Disclose PHI for the purpose of making a communication about a product or service that encourages recipients of the communication to purchase or use the product or service, unless such communication: (I) complies with the requirements of subparagraph (i), (ii) or(iii) of paragraph (1) of the definition of marketing contained in 45 CFR § 164.501, and (2) complies with the requirements of subparagraphs (A), (B) or(C) of Section 13406(a)(2) of the HITECH Act, and implementing regulations or guidance that may be issued or amended from time to time. Covered Entity agrees to assist Business Associate in determining if the foregoing requirements are met with respect to any such marketing communication. 7. Governmental Access to Records. Business Associate shall make its internal practices, books and records relating to the Use and Disclosure of PHI available to the Secretary for purposes of determining Covered Entity's compliance with the HIPAA Regulations and the HITECH Act. Except to the extent prohibited by law, Business Associate agrees to notify Covered Entity of all requests served upon Business Associate for information or documentation by or on behalf of the Secretary. Business Associate shall provide to Covered Entity a copy of any PHI that Business Associate provides to the Secretary concurrently with providing such PHI to the Secretary. 8. Minimum Necessary. To the extent required by the HITECH Act, Business Associate shall limit its Use, Disclosure or request of PHI to the Limited Data Set or, if needed, to the minimum necessary to accomplish the intended Use, Disclosure or request, respectively. Effective on the date the Secretary issues guidance on what constitutes "minimum necessary" for purposes of the HIPAA Regulations, Business Associate shall limit its Use, Disclosure or request of PHI to only the minimum necessary as set forth in such guidance. 9. State Privacy Laws. Business Associate shall comply with state laws to extent that such state privacy laws are not preempted by HIPAA or the HITECH Act. 10. Termination. a. Breach by Business Associate. If Covered Entity knows of a pattern of activity or practice of Business Associate that constitutes a material breach or violation of Business Associate's obligations under this Agreement, then Covered Entity shall promptly notify Business Associate. With respect to such breach or violation, Business Associate shall take reasonable steps to cure such breach or end such violation, if possible. If such steps are either not possible or are unsuccessful, upon written notice to Business Associate, Covered Entity may terminate its relationship with Business Associate. b. Breach by Covered Entity. If Business Associate knows of a pattern of activity or practice of Covered Entity that constitutes a material breach or violation of Covered Entity's obligations under this Agreement, then Business Associate shall promptly notify Covered Entity. With respect to such breach or violation, Covered Entity shall take reasonable steps to cure such breach or end such violation, if possible. If such steps are either not possible or are unsuccessful, upon written notice to Covered Entity, Business Entity may terminate its relationship with Covered Entity. c. Automatic Termination. This Agreement will automatically terminate, without any further action by the parties hereto, at such time as there are no longer any Service Agreements by and between the parties hereto. d. Effect of Termination. Upon termination of this Agreement for any reason, Page 5 of 8 cc±(31) (rev. 10/2023) 1 6F Business Associate shall either return or destroy all PHI, as requested by Covered Entity, that Business Associate or its agents or subcontractors still maintain in any form and shall retain no copies of such PHI. If Covered Entity requests that Business Associate return PHI, such PHI shall be returned in a mutually agreed upon format and timeframe. If Business Associate reasonably determines that return or destruction is not feasible, Business Associate shall continue to extend the protections of this Agreement to such PHI, and limit further uses and disclosures of such PHI to those purposes that make the return or destruction of such PHI not feasible. If Business Associate is asked to destroy the PHI, Business Associate shall destroy PHI in a manner that renders the PHI unusable, unreadable or indecipherable to unauthorized persons as specified in the HITECH Act. 11. Amendment. The parties acknowledge that state and federal laws relating to data security and privacy are rapidly evolving and that amendment of this Agreement may be required to ensure compliance with such developments. The parties specifically agree to take such action as is necessary to implement any new or modified standards or requirements of HIPAA, the HIPAA Regulations, the HITECH Act and other applicable laws relating to the security or confidentiality of PHI. Upon the request of Covered Entity, Business Associate agrees to promptly enter into negotiation concerning the terms of an amendment to this Agreement incorporating any such changes. 12. No Third-Party Beneficiaries. Nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than Covered Entity, Business Associate and their respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever. 13. Effect on Underlying Arrangement. In the event of any conflict between this Agreement and any underlying arrangement between Covered Entity and Business Associate, the terms of this Agreement shall control. 14. Survival. The provisions of this Agreement shall survive the termination or expiration of any underlying arrangement between Covered Entity and Business Associate. 15. Interpretation. This Agreement shall he interpreted as broadly as necessary to implement and comply with HIPAA, the HIPAA Regulations and the HITECH Act. The parties agree that any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is consistent with such laws. 16. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Florida. 17. Notices. All notices required or permitted under this Agreement shall be in writing and sent to the other party as directed below or as otherwise directed by either party, from time to time, by written notice to the other. All such notices shall be deemed validly given upon receipt of such notice by certified mail, postage prepaid, facsimile transmission, e-mail or personal or courier delivery: If to Covered Entity: Collier County Government Center 3311 Tamiami Trail E. Naples,FL 34112 Attn: Risk Management Director Telephone no: 239-252-8406 If to Business Associate: Digitech Computer LLC 480 Bedford Rd., Bldg 600 Page 6 of 8 r1 (rev. 10/2023) 0, 0) 1 6F6 Chappaqua,NY 10514 Attn: Mark Schiowitz, President & CEO Telephone: (914) 741-1919 Email: Sales@digitechcomputer.com 18. Indemnification. The Business Associate shall indemnify and hold harmless Covered Entity and any of Covered Entity's affiliates, directors, officers, employees and agents from and against any claim, cause of action, liability, damage, cost or expense (including reasonable attorney's fees) arising out of or directly relating to any non-permitted disclosure of Protected Health Information or other breach of this Agreement by Business Associate or any affiliate, director, officer, employee, agent or subcontractor of Business Associate. 19. Miscellaneous. a. Severability. In the event that any provision of this Agreement is adjudged by any court of competent jurisdiction to be void or unenforceable, all remaining provisions hereof shall continue to be binding on the parties hereto with the same force and effect as though such void or unenforceable provision had been deleted. b. Waiver. No failure or delay in exercising any right, power or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or remedy hereunder preclude any other further exercise thereof or the exercise of any other right, power or remedy. The rights provided hereunder are cumulative and not exclusive of any rights provided by law. c. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof, and supercedes any prior or contemporaneous verbal or written agreements, communications and representations relating to the subject matter hereof. d. Counterparts, Facsimile. This agreement may be signed in two or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument. A copy of this Agreement bearing a facsimile signature shall be deemed to be an original. Page 7 of 8 (rev. 10/2023) I 6F 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the date first set forth above, COVERED ENTITY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Michael Quigley, Director of Risk Management First Witness: BUSINESS ASSOCIATE: DIGITECH CO TE C 41-- / I-SIOature Walter C. Pickett II, COO By: Print Name: Print Name: Mark Schiowitz Second Wit ass: IAA Title: President and CEO /1/W61/ Signature .ANvibNiK kALI' Print Name: As to Form and Legality: Scott R. Teach Deputy County Attorney Page 8 of 8 (rev. 10/2023) DocuSgn Envelope ID: 94D764E7-4D4F-41C1-B3A4-DF066640CCDA F Collier County Procurement Services Division Notice of Recommended Award Solicitation: 23-8098 Title: EMS Billing Services Due Date and Time: April 20, 2023, at 3:00 PM EST Respondents: Company Name City County State Final Responsive/Responsible Ranking Digitech Computer LLC Chappaqua Westchester NY 1 Y/Y EMS Management& Consultants, Inc Winston- Forsyth NC 2 Y/Y Salem Change Healthcare Technology Nashville Davidson TN 3 Y/Y Enabled Services, LLC Quick Med Claims, LLC Pittsburgh Allentown PA 4 Y/Y Utilized Local Vendor Preference: Yes No Recommended Vendor(s) For Award: On March 21, 2023,the Procurement Services Division issued Request For Proposals (RFP) No. 23-8098 EMS Billing Services, to seven thousand one hundred and eighty-four(7184) vendors. Thirty-six (36)firms viewed the proposal package, and four(4) proposals was received by the April 20, 2023, deadline. The Selection Committee convened on August 8, 2023, scored the proposals, and established a final ranking as shown above. Staff is recommending award to the top-ranked firm, Digitech Computer, LLC. Contract Driven I. Purchase Order Driven Required Signatures 9/28/2023 Project Manager: rauAL Nbeck Procurement Strategist: ° 9/28/2023 g ���... caaod Procurement Services Director: 9/28/2023 Sandra Herrera Date 16F6 Co der County Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSAL (RFP) FOR EMS Billing Services SOLICITATION NO.: 23-8098 MATTHEW CATOE, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-6098 matthew.catoe@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format (Rev 8/7/2017). Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. I bF6 SOLICITATION PUBLIC NOTICE REQUEST FOR PROPOSAL(RFP) 23-8098 NUMBER: PROJECT TITLE: EMS Billing Services PRE-PROPOSAL CONFERENCE: N/A LOCATION: N/A DUE DATE: April 20,2023 at 3:00 PM EST. PROCUREMENT SERVICES DIVISION PLACE OF RFP OPENING: 3295 TAMIAMI TRAIL EAST,BLDG C-2 NAPLES,FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync-cas/ INTRODUCTION As requested by the Emergency Medical Services Division(hereinafter,the"Division or Department"),the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP")with the intent of obtaining proposals from interested and qualified vendors in accordance with the terms, conditions, and specifications stated or attached. The vendor,at a minimum,must achieve the requirements of the Specifications or Scope of Work stated. Collier County EMS (CCEMS) is seeking proposals to provide for the billing and debt collection of ground and air ambulance transportation. Historically,County departments have spent approximately$500,000 annually;however,this may not be indicative of future buying patterns. BACKGROUND CCEMS provides emergency ambulance services exclusively in Collier County,Florida.A high volume of moderate dollar amounts characterizes the billing and collection operations. In 2022, the County billed for 34,626 transports and 242 were treated with no transports with total revenue collections of approximately$15.5 million. Our current provider rate is 3.95%of net revenue. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three(3)years with two(2)one(1)year renewal options. Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract,and such charges should be incorporated into the pricing structure. The County Manager, or designee,may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty(180)days. The County Manager,or designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. DETAILED SCOPE OF WORK CCEMS is seeking professional service agencies,companies,corporations,partnerships, individual organizations,and/or other legal entities organized under the laws of the State of Florida to provide billing services for EMS transport, including the services listed below. The prospect must have provided billing services for emergency medical services transport in the last five(5)years and be prepared to assume billing services for Collier County in 2023. A. Provide billing and collection services for EMS transports,as required on a case-by-case basis, using a billing system that conforms to generally accepted accounting principles(GAAP). B. Ensure segregation of duties,whereby the same individual must not be able to enter billing,adjust billing,post payments, nor deposit funds; and maintain the necessary levels of security in their automated billing system to protect the County from loss. r.. Y pr 2 1 6F6 C. Propose a fee for their services that will include all expenses of billing and collection including,but not limited to, pick- up and delivery of patient care reports and mail/payments, stationary, fax forms, envelopes, mailing, postage, and communications costs. In accordance with Florida Statutes,provide a flat rate fee for each account paid by Medicaid. D. Ensure that all required documentation and agreements with payers(e.g.,Medicare,Medicaid,Tri-Care,etc.)are filed and maintained and that the County is kept up to date on important changes to industry regulations. E. Provide periodic training(minimum annually)to County Emergency Medical Services personnel regarding the gathering of necessary information and proper completion of Patient Care Reports(PCRs). F. Ability to download PCRs from the County's EMS data collection system (ImageTrend), or any EMS data collection system used by the County. Firm must accept electronic data from Collier County via a secure network supplied by the firm. The secure data transfer will be electronic in XML, ascii or any other acceptable electronic data transfer format. The contractor agrees to bear any cost associated with incompatibility due to future upgrades or changes in the County's ePCR vendor.Must be able to import all data elements from PCR system. Upon receipt of notice of termination or upon request of the County,the Contractor shall: Comply with the County's instructions for the timely transfer of any active files and work product produced by the Contractor under the Contract;Cooperate in good faith with the County and its employees, agents and contractors during the transition period between the notification of termination and the substitution of any replacement contractor(s);and immediately return to the County any payments made by the County for Services that were not delivered or rendered by the Contractor. G. Ability to download payment information from the County electronically. H. Ability to accept credit card/ACH payments(must be PCI Compliant), include any fees and where they will apply. I. Mail patient invoice and Notice of Privacy in the first mailing(including return envelope)to the patient within seven(7) business days of receipt of transport information from CCEMS. Have the flexibility to change wording on invoices as needed. J. Provide prompt submission of Medicare, Medicaid, and Insurance claims after receiving PCRs, which will be the contractor's notice to commence the billing/collection process, including keeping logs confirming all electronic submissions. Secondary insurance provider claims will be submitted after the primary insurance provider has paid. The County will monitor for probate and bankruptcy cases for CCEMS patients and on receiving Bankruptcy and Probate notice, will submit information with appropriate detail to contractor for filing. The contractor will respond to County requests and post payments/adjustments related to probate and bankruptcy proceedings. K. 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 Debt Collection Practices Law. This also includes all requirements to maintain confidentiality for all medical and patient information as related to insurance and local laws or rules and regulations,such as,but not limited to, the Health Insurance Portability and Accountability Act (HIPAA), Hi Tech Rule and Red Flag Rule. In addition to signing a contract for the services covered under this RFP, the successful bidder will also be required to sign a separate contract titled"Attachment B-Business Associate Addendum"covering provisions on Protected Health Information found under HIPAA laws and regulations. L. Guarantee claim follow-up and re-bill and work with the insurance companies when applicable. Re-bill indicates that all charges applicable to the service be retrievable in billing type format and/or detailed statement. M. Provide a reconciliation of the number of transports(PCRs)collected with those transmitted to the contractor and contact the County to report any discrepancies. N. Provide web access to the County for access to ad hoc reports on billing performance O. Establish a skip-tracing process to validate patient information(correct spelling of name,social security#'s,Date of Birth, and mailing address to also include unit/condo#'s)and keep current with returned mail/bad addresses.If an account comes back with a bad address and the billing company is unable to locate a credible address for a patient, the account is to be immediately turned over to the County's contracted collection agency. P. Provide a designated,responsive,and professional liaison for patient/payer concerns.Accept responsibility for all CCEMS consumer complaints and compliments by providing this information to the CCEMS administration via e-mail no later than the following business day. Provide the County and patients a means to provide billing information,preferably through a secure website. 3 �___ 1 6F6 Q. Provide a local phone number or e-mail to respond to inquiries concerning patient account information. R. Provide proper security of confidential information and proper shredding of all disposed materials containing confidential information. Retain appropriate records in accordance with Florida records retention requirements. S. Establish professional relationships with CCEMS serviced hospitals to obtain/verify patient insurance and contact information.Must have the capability to receive hospital reports electronically. T. Respond within one(1)business day to the County,patients,and patient representatives on request for information,either written or verbal;and record all contact information in system for tracking purposes and the creation of an audit trail. U. Participate in face-to-face meetings between County personnel and your appropriate personnel on a semi-annual basis(at minimum)to discuss current legislation,trends,hot topics,and better business practices. V. Maintain appropriate accounting procedures and provide for reconciling all payments,bank deposits,receivables,billings, patient accounts,adjustments, and refunds between the contractor's billing system and County records. W. Provide the County with copies of supporting documentation for refunds to be made by the County the month following the payment posting date. X. Provide timely comprehensive reports facilitating all required aspects of monitoring, evaluating, auditing, and managing the services monthly.Reports are to include detailed revenue analysis and forecasts on an as-needed basis. Y. Provide pre-collection activities on accounts to significantly reduce accounts being turned to an outside collection agency. At minimum,this activity should include:three(3)statements sent within nine(9)months with no returned mail;if returned mail—contact"destination facility,"one(1)telephone contact,or three(3)attempts for telephone contact. Z. Process Medicare Revalidation and represent CCEMS in Medicare and Medicaid audits.Will be responsible for any fines incurred due to negative audit findings. AA.Provide the County or designated collection agency with all unpaid invoices along with the complete processing history once accounts are past due by 180 days unless County has specified that a particular account not be sent to collection. BB.Be responsible for the filing of any claim for those accounts sent to collections where it has been determined insurance was available and provide inquiry access to those accounts to the collection agency. CC.Negotiate and arrange modified payment schedules for individuals unable to pay full amount when billed in accordance with County procedures.The contractor will not lower any billed amount without the prior approval of the County. DD.Provide the County with access to all County accounts, data, and information maintained in the automated system of the contractor including any hardware, software, or connection services required, and provide initial and then as-needed on- site training for CCEMS administrative staff on the software utilized. EE. The proposal must provide a summary of the methods that the contractor intends to use for the storage of records and the related security and disaster recovery plans; and how it plans to ensure continuity of operations to operate in the event of a disaster or similar event that results in the interruption of the normal operating conditions of the contractor's primary place of business providing services to the County or any of the support or technical aspects of that office.Include details about how the plan is exercised to assure the plan produces the intended results. FF. Develop a plan for receiving mail,depositing payments,and providing the County with payment information for accounts prior to the contract period. GG.Provide copies of all user manuals, system overviews,technical manuals, and reports on controls such as internal/external audits or regulatory authority reports when requested to do so by the County. HH.Comply with all applicable federal, state, and local regulations. The proposal should describe recent and planned efforts for compliance with privacy requirements and data transmission.Recent audits by Medicare,Medicaid,or other agencies may be used to document compliance.Possession of the SSAE 18 Audit Standard certification is required. II. The County will have the option to authorize the selected proposer to perform billing services on new collection cases at the proposed rate or for all existing cases at a separately negotiated rate. 4 I 6F6 JJ. For monthly reconciliation and payment of invoice by the County,provide the following: a. Payments and return items are to be posted same date as bank deposit posting date.All postings should be current, and all items reconciled by end of business month.Any irreconcilable items are to be reported timely to the County for direction and resolution.All postings should be reconciled with the County weekly. b. Provide monthly reports specific to County requirements. c. Monthly reports are to be received by the County no later than the 5th business day of the following month. KK.Assist County in preparation of Medicaid Certified Public Expenditure(CPE)reporting and indicate fee for that service. LL. Attachment A is a charge summary breakdown for FY22. MM.Transition of Services 1. Contractor is required to provide a time estimate to complete implementation and begin performing all services. 2. Contractor to provide support during implementation, including technical assistance,user manuals, instructional and/or educational materials,on-site visits and/or other assistance. REQUEST FOR PROPOSAL(RFP)PROCESS 1.1 The Proposers will submit a qualifications proposal which will be scored based on the criteria in Evaluation Criteria for Development of Shortlist,which will be the basis for short-listing firms. The Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then score and rank the firms and enter into negotiations with the top ranked firm to establish cost for the services needed. The COUNTY reserves the right to issue an invitation for oral presentations to obtain additional information after scoring and before the final ranking. With successful negotiations, a contract will be developed with the selected firm, based on the negotiated price and scope of services and submitted for approval by the Board of County Commissioners. 1.2 The COUNTY will use a Selection Committee in the Request for Proposal selection process. 1.3 The intent of the scoring of the proposal is for respondents to indicate their interest,relevant experience,financial capability, staffing and organizational structure. 1.4 The intent of the oral presentations, if deemed necessary, is to provide the vendors with a venue where they can conduct discussions with the Selection Committee to clarify questions and concerns before providing a final rank. 1.5 Based upon a review of these proposals, the COUNTY will rank the Proposers based on the discussion and clarifying questions on their approach and related criteria,and then negotiate in good faith an Agreement with the top ranked Proposer. 1.6 If,in the sole judgment of the COUNTY,a contract cannot be successfully negotiated with the top-ranked firm,negotiations with that firm will be formally terminated and negotiations shall begin with the firm ranked second. If a contract cannot be successfully negotiated with the firm ranked second,negotiations with that firm will be formally terminated and negotiations shall begin with the third ranked firm,and so on. The COUNTY reserves the right to negotiate any element of the proposals in the best interest of the COUNTY. RESPONSE FORMAT AND EVALUATION CRITERIA FOR DEVELOPMENT OF SHORTLIST: 1.7 For the development of a shortlist,this evaluation criterion will be utilized by the COUNTY'S Selection Committee to score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Criteria Maximum Points 1. Cover Letter/Management Summary 5 Points 2. Certified Woman and/or Minority Business Enterprise 5 Points 3. Business Plan 20 Points 4. Cost of Services to the County 20 Points 5. Experience and Capacity of the Firm 20 Points 6. Specialized Expertise of Team Members 20 Points 7. Local Vendor Preference 10 Points TOTAL POSSIBLE POINTS 100 Points 5 �._- 1 6F6 Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four (24)months prior to the RFP submittal deadline. Payment information will be retrieved from the County's financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process and is invoked by the Procurement Services Division Director or designee. In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three(3)witnesses. Each criterion and methodology for scoring is further described below. ***Proposals must be assembled,at minimum,in the order of the Evaluation Criteria listed or your proposal may be deemed non-responsive*** EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (5 Total Points Available) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. EVALUATION CRITERIA NO. 2: CERTIFIED WOMAN AND/OR MINORITY BUSINESS ENTERPRISE (5 Total Points Available) Submit certification with the Florida Department of Management Service,Office of Supplier Diversity as a Certified Woman and/or Minority Business Enterprise. EVALUATION CRITERIA NO.3: BUSINESS PLAN(20 Total Points Available) In this criteria, include but not limited to: • Detailed explanation of how your firm will provide the required Billing Services for Emergency Medical Services Transport.Discussion should include specific abilities related to skills and technical expertise.EMS billing service procedures and policy for account management. • Describe your proposed automated system and operational software. • Detail any training that will be provided by your firm. • Timeline needed for transition of billing services to a new vendor. • Provide samples of any reports that your firm shall provide in response to the County's requirements. • Detail the recovery process,finding defaulted clients,and how long will services be provided for a defaulted client. • Explain procedures established for patient payment arrangements. • Discuss your knowledge as it relates to regulations regarding claims,reviews,and hearings as applied in the Medicare and Medicaid programs in performing the required services. • Describe the support provided during implementation,including technical assistance,user manuals, instructional and/or educational materials,on-site visits and/or other assistance. • Provide standard operating procedures to demonstrate how your firm will manage the County's accounts. Include the following: o Skip-tracing(verification and/or correction of patient demographics including but not limited to full name, dob, SSN,and valid mailing address) o Quality assurance o Accuracy o Dispute resolution o Processing and collection timelines o Recent and Planned compliance with privacy requirements and data transmission o Timely placements of collection accounts • Provide a summary of the methods that the contractor intends to use for the storage of records and the related security and disaster recovery plans; and how it plans to ensure continuity of operations to operate in the event of a disaster or similar event that results in the interruption of the normal operating conditions of the contractor's primary place of business providing services to the County or any of the support or technical aspects of that office. Include details about how the plan is exercised to assure the plan produces the intended results. EVALUATION CRITERIA NO.4: COST OF SERVICES TO THE COUNTY (20 Total Points Available) In this criteria,include but not limited to: • Provide a total proposed fee as a percent of revenues collected related to the performance of these services,except for Medicaid. 1 6F6 • In accordance with Florida Statutes,provide a flat rate fee for each account paid by Medicaid. • Provide a fee for service to assist County in preparation of Medicaid Certified Public Expenditure(CPE) reporting. • Submit a narrative explaining the direct economic benefit to Collier County to be realized by selecting your firm. During the term of this engagement detail the employment, subcontracting, and support services contracting as economic stimulus that your entity may generate that would directly benefit Collier County. EVALUATION CRITERIA NO. 5: EXPERIENCE AND CAPACITY OF THE FIRM(20 Total Points Available) In this criteria, include but not limited to: • Provide information that documents your firm's and subcontractors' qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. • Describe experience with other clients utilizing ImageTrend or similar EMS data collection system. • Provide information regarding certification through the National Academy of Ambulance Coders(NAAC). • Describe what your average amount of days to send the initial bill and get a response from the client. • Describe how many customer(s)of similar size and scope to Collier County that you currently provide services to. • Provide proof of SSAE 18 Audit Standard certification. The County requests that the vendor submits no fewer than three(3)and no more than ten(10)completed reference forms from clients during a period of the last 5 years whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the Proposer that best represent projects of similar size, scope and complexity of this project using form provided in Form 5. Proposers may include two(2)additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work. EVALUATION CRITERIA NO. 6: SPECIALIZED EXPERTISE OF TEAM MEMBERS (20 Total Points Available) In this criteria,include but not limited to: • Attach brief resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services which identify the qualification, training, and experience of each person(s). • Describe how project team individuals time will be spent to achieve the goals and billing for Collier County. • Attach resumes of any sub-vendors and attach letters of intent from stated sub-vendors must be included with proposal submission. EVALUATION CRITERIA NO.7: LOCAL VENDOR PREFERENCE(10 Total Points Available) Local business is defined as the vendor having a current Business Tax Receipt issued by the Collier or Lee County Tax Collector prior to proposal submission to do business within Collier County,and that identifies the business with a permanent physical business address located within the limits of Collier or Lee County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. VENDOR CHECKLIST ***Vendor should check off each of the following items as the necessary action is completed (please see,Vendor Check List)*** 7