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CONTRACT 6713 One Page Service AgreementAgreement No. 6713 Services Agreement CON I TRACTOR: NBS GOVERNMENT FINANCE GROUP, dba NBS DATE MAILED: Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of El Segundo. Only those items checked -off are MANDATORY, however if your standard policies exceed the minimum requirements please include. Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 20 10 1185 or equivalent. The amount of insurance set forth below will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name the City, its officials„ and employees as "additional Insured"s"under said insurance coverage and to state that such insurance will be deemed "primary" such that any other" insurance* that may be carried by the City will be excess thereto. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Please find additional Terms and Conditions on the reverse side of this Services Agreement. This is not a purchase order or an authorization to begin work. ® �Com rehensive General Uability, including coverage for premises, products and completed operations, independent contractors, personal injury and contractual obligations with combined single limits of coverage of at least $1,000,000 per occurrence. ® Auto Liability, including owned, non -owned and hired vehicles with at least: ® $1,000,000 per occurrence. ❑ jjp2jq00 = 300� per occurrence. ❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company. ® Workers' Com ensation Insurance: as required by State Statutes with Waiver of Subrogation. (Not needed if Self-employed with no employees and CONTRACTOR signs statement to this effect.) ® Business License: The CONTRACTOR shall agree to have a current City of El Segundo license on file at City Hall or purchase said license (at no cost to the City). ❑ Permits> Plans must be approved and permit(s) issued (no fee) by the Planning and Building Safety if appropriate. Call the Planning Manager @ (310) 524-2340 if you have questions. ❑ Go of valid icture I.D. (Drivers license etc.) PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY PURCHASE ORDER BEING SENT TO YOU (VIA FAX OR HARD COPY) BY THE PURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY. SubmitteLd—by1com2lete all blanks COLOR COPY REQUIRED BACK TO THE CITY Company Name: By (Print name & tWe): NBS Government Finance Group, dba NBS Michael Rentner Chief' Executive Officer Company Street Address: Vendor's Avthou edi Signature required: 32505 Temecula Parkwa , Ste. 100 City, State, Zip: Date signed: Temecula, CA. 92592 July 17, 2023 Phone: FAX: 1 800 676-7516 951 296-1998 Vendor's Email address: Vendor's Web site: mrentner@nbsgov.com www.nbsgov.com Mail original agreement and insuran to: City of Segundo — City Clerk 350 Main Street, Room 5, El Segundo, CA 90245-3813 Originator/Department Contact:, Va Zsl rias nio andoementA al sty Date initiated: Jwa1 3, 2023 Department Head Approval: Date Approved: Insytppp a Approval: Date Ap ,rov d: City ttorney City Manager City Clerk i N GOne Page - Services Agreement with check boxes - No Prevailing Wage 6/28/23 Agreement No. 6713 9.GENERALLY. The materials, supplies, or services (collectively, "Purchase") covered by this services agreement and purchase order ("order") must be furnished by Seller subject to all the terms and conditions contained in this order which Seller, in accepting this order, agrees to be bound by and comply with in all particulars. No other terms or conditions are binding upon the parties unless subsequently agreed to in writing. Written acceptance or shipment of all or any portion of the Purchase covered by this order constitutes unqualified acceptance of all terms and conditions in this order. The terms of any proposal referred to in this order are included and made a part of the order only to the extent it specified the Purchase ordered, the price, and the delivery, and then only to the extent that such terms are consistent with the terms and conditions of this order. 2.INSPECTION. The Purchase furnished must be exactly as specified in this order, free from all defects in Seller's performance, design, workmanship, and materials, and, except as otherwise provided, is subject to inspection and test by City at all times and places. If, before final acceptance, any Purchase is found to be incomplete, or not as specified, City may reject it, require Seller to correct it without charge, or require delivery of such Purchase at a reduction in price that is equitable under the circumstances. If seller is unable or refuses to correct such items within a time deemed reasonable by City, City may terminate the order in whole or in part. Seller bears all risks as to rejected Purchases and, in addition to any costs for which Seller may become liable to City under other provisions of this order, must reimburse City for all transportation costs, other related costs incurred, or payments to Seller in accordance with the terms of this order for unaccepted Purchases. Notwithstanding City's acceptance of any Purchase, Seller is liable for latent defects, fraud, or such gross mistakes as constitute fraud. 3.CHANGES. City may make changes within the general scope of this order in drawings and specifications for specially manufactured supplies, place of delivery, method of shipment or packing of the order by giving notice to Seller and subsequently confirming such changes in writing. If such changes affect the cost of or the time required for performance of this order, an equitable adjustment in the price or delivery or both must be made. No change by Seller is allowed without City's written approval. Any claim by Seller for an adjustment under this section must be made in writing within thirty (30) days from the date of receipt by Seller of notification of such change unless City waives this condition in writing. Nothing in this section excuses Seller from proceeding with performance of the order as changed. 4. TERMINATION. City may terminate this order at any time, either verbally or in writing, with or without cause. Should termination occur, City will pay Seller as full performance until such termination the unit or pro rata order price for the performed and accepted portion of the Purchase. City may provide written notice of termination for Seller's default if Seller refuses or fails to comply with this order. If Seller does not cure such failure within a reasonable time period, or fails to perform the Purchase within the time specified (or allowed by extension), Seller will be liable to City for any excess costs incurred by City. 5.TERM / TIME EXTENSION. This Agreement's term will be from July 1, 2023 to June 30, 2024 City may extend the time for completion if, in City's sole determination, Seller was delayed because of causes beyond Seller's control and without Seller's fault or negligence. In the event delay was caused by City, Seller's sole remedy is limited to recovering money actually and necessarily expended by Seller because of the delay; there is no right to recover anticipated profit, &REMEDIES CUMULATIVE. City's rights and remedies under this order are not exclusive and are in addition to any legal rights and remedies. 7.TITLE. Title to materials and supplies purchased under this order pass directly from Seller to City upon City's written acceptance following an actual inspection and City's opportunity to relect. &PAYMENT. City will pay Seller after receiving acceptable invoices for materials and supplies delivered and accepted or services rendered and accepted. City will not pay cartage, shipping, packaging or boxing expenses unless specified in this order. Drafts will not be honored. 9.INDEMNIFICATION. Seller agrees to indemnify and hold City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of the Purchase or the order, or their performance. Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the Purchase or order, or their performance, Seller will defend City (at City's request and with counsel satisfactory to City) and indemnify City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "City" includes City's officers, elected officials, and employees. It is expressly understood and agreed that the foregoing provisions will survive termination of this order. The requirements as to the types and limits of insurance coverage to be maintained by Seller, and any approval of such insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Seller pursuant to this order, including, without limitation, to the provisions concerning indemnification. 10.WARRANTY. Seller agrees that the Purchase is covered by the most favorable commercial warranties the Seller gives to any customer for the same or substantially similar supplies or services, or such other more favorable warranties as is specified in this order. Warranties will be effective notwithstanding any inspection or acceptance of the Purchase by City. 11.ASSIGNMENT. City may assign this order. Except as to any payment due under this order, Seller may not assign or subcontract the order without City's written approval. Should City give consent, it will not relieve Seller from any obligations under this order and any transferee or subcontractor will be considered Seller's agent. 12.INSURANCE. Seller must provide the insurance indicated on the face sheet of this Services Agreement. 13.PERMITS. Seller must procure all necessary permits and licenses, and abide by all federal, state, and local laws, for performing this order. 14.INDEPENDENT CONTRACTOR. City and Seller agree that Seller will act as an independent contractor and will have control of all work and the manner in which is it performed. Seller will be free to contract for similar service to be performed for other employers while under contract with City. Seller is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Any provision in this order that may appear to give City the right to direct Seller as to the details of doing the work or to exercise a measure of control over the work means that Seller will follow the direction of the City as to end results of the work only. 15.WAIVER. City's review or acceptance of, or payment for, work product prepared by Seller under this order will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Seller's performance. A waiver by City of any breach of any term, covenant, or condition contained in this order will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this order, whether of the same or different character. %INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 17.CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, this Agreement takes precedence of any attached exhibit with conflicting provisions. NBS One Page - Services Agreement with check boxes - No Prevailing Wage Revised 3/28/23 Agreement No. 6713 18. CONSIDERATION. As consideration, CITY agrees to pay CONTRACTOR for CONTRACTOR's services not to exceed a total of $7,500.00 for the work. CITY will pay for work as specified in the attached Exhibit 'A" which is incorporated by reference. 19.EXHIBITS. Exhibit "A" — Vendor proposal NBS One Page - Services Agreement with check boxes - No Prevailing Wage Revised 3/28/23 ;rO vdku k,,[br 3 June 1, 2023 Vanessa Arias I Senior Management Analyst City of El Segundo Fire Department 314 Main Street El Segundo, CA 90245 RE: Proposal for Medicare Ground Ambulance Data Collection System (CMS Cost Survey) Reporting Services Dear Ms. Arias: Thank you for the opportunity to discuss the City of El Segundo's needs for the Centers for Medicare and Medicaid (CMS) Cost Survey reporting Services. While the Medicare Ground Ambulance Data Collection System (GADCS) reporting is a new requirement, NBS was one of the first consulting firms to complete Ground Emergency Medical Transportation (GEMT) cost reports for fire departments across California and has worked to generate over $20 million in ambulance services supplemental payments since 2013. This extensive experience with cost structures of fire departments and ambulance services organizations enables us to ensure the GADCS is completed accurately. BACKGROUND The Bipartisan Budget Act of 2018 includes a major Medicare ambulance services provision pertaining to the development of a data collection system for ground ambulance service providers and suppliers. The Centers for Medicare and Medicaid Services is requiring that all providers of ground ambulance services collect and report expenditures, revenues, utilization, and other departmental statistics. The data will be used to evaluate costs related to payment rates under the Medicare Part B Ambulance Fee Schedule (AFS). SCOPE OF SERVICES NBS will complete an analysis of relevant costs, revenues, services provided, and organizational characteristics, on behalf of the City of El Segundo, with these added benefits: Submittal of required GADCS data on behalf of the City of El Segundo, saving City staff time and effort. Avoidance of penalties for insufficient or late submittals. t- Audit support should CMS have questions or issues with City of El Segundo's certified submittal. Below is the detailed task plan for providing these services: helping communities fund tomorrow Agreement No. 6713 TASK 1. DATA REVIEW AND ANALYSIS NBS will initiate the project and establish common understanding by executing the following: Submit a detailed initial data request to the City of El Segundo at project commencement to include items that CMS requires agencies to track, submit, and certify. Review data received for the following areas as required by CMS: Organizational Characteristics, Service Area, Emergency Response Time, Ground Ambulance Service Volume, Service Mix, Labor Costs, Facilities Cost, Vehicle Costs, Equipment and Supply Costs, Other Applicable Costs, and Revenues. Analyze data received and develop customized technical work -papers and data summaries that prepare for efficient and effective submission of information into the GADCS. Perform any cost calculations or data calculations needed to generate outcomes supporting the GADCS submittal. Consult with CMS representatives to discuss submittal requirements and options on the City of El Segundo's behalf, if needed. Completion of data review and analysis by NBS assumes the City of El Segundo has tracked all required service characteristics in accordance with the Medicare Ground Ambulance Data Collection instrument for a continuous 12-month period. TASK 2. PREPARATION OF COST SURVEY FOR SUBMISSION AND APPROVAL NBS will prepare the required submission to CMS via the GADCS for the selected reporting period. Schedule a conference call to kick-off the project. Schedule a conference call to review data analysis, findings, and submittal preparation. Provide opportunity for City of El Segundo to review forms and request revisions. Include one round of revisions if necessary. NBS will become the "Submitter" for the City of El Segundo. NBS will obtain its own log in information from CMS. The City of El Segundo will become the "Certifier." TASK 3. PROVIDE APPROVAL AND AUDIT SUPPORT Should the City of El Segundo require support from NBS during CMS's review and approval process, NBS will provide up to four (4) hours of support at no additional cost to answer auditor questions, clarify supporting documentation, and discuss alternatives, as required. PROJECT TEAM The following provides an overview of professional staff that would be assigned to this project, as well as their roles and responsibilities. NICOLE KISSAM, DIRECTOR Role and Responsibilities: Nicole Kissam will direct the ongoing administration of the project, including contracting, quality control of deliverables, and management support to the project team. Ms. Kissam is also interchangeable with Ms. Huerta as a consulting expert and will provide senior -level technical analysis as warranted throughout the project. ,r Page 2 r �i i i rv�,i i , � �r °,�° 1,, N BS Agreement No. 6713 NICOLE HLIERTA, PROJECT MANAGER Nicole Huerta will direct the work efforts of our project team, serving as the primary point of contact for City of El Segundo staff throughout the project. She will be fully conversant in all findings and will support the City of El Segundo in any onsite meetings, audit support, or requested presentation of results. Ms. Huerta will work closely with the City of El Segundo's designated project manager to monitor schedule and delivery of work products to the City of El Segundo's satisfaction. Ms. Huerta will lead data acquisition and validation efforts with City of El Segundo staff, direct specific areas of model design, and prepare technical analysis supporting the determination and justification of cost allocations. She will also work actively with departmental staff members who oversee and perform services under review in this effort. CONSULTANT/ANALYST NBS Consultants/Analysts will perform large-scale data analysis and prepare cost allocation models and technical outcomes under the direction of our Project Manager. Furthermore, Ms. Huerta and supporting staff will tap, as needed to meet State deadlines, the NBS staff of financial analysts to parse large data sets and perform supporting tasks to the primary modeling in this project if needed. Tim SEUFERT, CLIENT SERVICES DIRECTOR Tim Seufert will ensure NBS' study team delivers the high -quality work products and service standards that differentiate NBS from other firms. Tim is Managing Director of NBS, with 20 years of experience in public finance working for cities, counties, and special districts. PROJECTTIMELINE The timeline provided by CMS to submit the completed responses through the data collection instrument is five months from the last day of the data reporting period. Upon project commencement, NBS will provide a more detailed timeline for the City of El Segundo's review and mutual acceptance. PROFESSIONAL FEES Our professional fees reflect the effort we believe is necessary to complete the scope of services described. We express this honestly and transparently through our price proposal. NBS applies the following hourly rates for staff time recorded directly to this project: Project Director: $225 Project Manager: $190 Consultant: $155 Analyst: $130 Based on our best understanding of the scope of services for the GADCS reporting services, we propose a fixed price contract in the amount of $7,500. We will complete an analysis of City relevant costs, revenues, Page 3 �,'_"047) Agreement No. 6713 services provided, and organizational characteristics, and act as Submitter of the responses in the GADCS on the City of El Segundo's behalf. Should the City require additional audit services or other professional services in addition to the services listed in Scope of Services, NBS would charge per hour as listed above. INVOICING NBS will invoice the City of El Segundo directly for services rendered per the fees listed above upon GADCS certified submission. At no time will we invoice for charges in excess of the fee to which the City and NBS mutually agree. Should the City specifically request additional services beyond those described in this document, we will discuss those requests and associated costs at that later time and only invoice for additional fees upon separate written authorization from the City. CITY RESPONSIBILITIES NBS plans to work closely with City staff in producing time sensitive deliverables. To that end, we assume the City will provide the following: Designated Project Manager — Identification of a single City Project Manager will ensure an efficient and timely process for the study. Data as Requested —This includes any pertinent information that is available to and applicable to the services as described in the work plan for the project. Coordination and Attendance of Meetings — While NBS will work with City staff to schedule meetings and presentations, we would expect City staff to coordinate internal schedules to ensure that appropriate staff members will attend meetings as needed. Provide Direction and Guidance — As we develop and propose drafts of deliverables, we will expect City staff to provide review and direction on deliverables. NBS will rely on all information, data and documents supplied by the City as being accurate and correct. Thank you again for considering NBS' qualifications to submit the Medicare Ground Ambulance Data Collection System reporting for the City of El Segundo. Please feel free to reach out to me at any time with questions about our proposal or about preparation of a professional services agreement. Sincerely, A7, Nicole Huerta Project Manager l Page 4