Chula Vista City Council
May 5, 2026

1 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

CITY OF CHULA VISTA

CONTRACTOR SERVICE AGREEMENT

WITH WITTMAN ENTERPRISES, LLC

TO PROVIDE EMS BILLING AND COLLECTION SERVICES

This Contractor Service Agreement (“Agreement”) is entered into effective as of July 1, 2026 by and between the City of Chula Vista, a California chartered municipal corporation (“City”) and WITTMAN ENTERPRISES, LLC, a California limited liability company (“Contractor”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:

RECITALS

WHEREAS, City, through its Fire Department, provides its own emergency medical transport program which requires emergency medical billing and collection services for this program; and

WHEREAS, on October 13, 2025, City initiated Request for Proposal (RFP) P11-2026, EMS Billing and Collection Services, pursuant to Chula Vista Muncipal Code section 2.56.080; and

WHEREAS, City staff have identified Contractor as the most qualified among those submitting; and

WHEREAS, Contractor warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Contractor to City in accordance with the time frames and the terms and conditions of this Agreement.

(End of Recitals. Next Page Starts Obligatory Provisions.) 2 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

OBLIGATORY PROVISIONS

NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Contractor hereby agree as follows:

1. SERVICES

1.1 Required Services. Contractor agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated int o the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.”

1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor, from time to time, reduce the Required Services to be performed by the Contractor under this Agreement. Upon doing so, City and Contractor agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction.

1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Contractor provide additional services related to the Required Services (“Additional Services”). If so, City and Contractor agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement.

1.4 Standard of Care. Contractor expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations.

1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Contractor of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Contractor or its subcontractors.

1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for Contractor to provide additional security for performance of its duties under this Agreement, Contractor shall provide such additional security prior to commencement of its Required Ser vices in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney.

1.7 Compliance with Laws. In its performance of the Required Services, Contractor shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code.

1.8 Business License. Prior to commencement of work, Contractor shall obtain a business license from City.

1.9 Subcontractors. Prior to commencement of any work, Contractor shall submit for City’s information and approval a list of any and all subcontractors to be used by Contractor in the performance of the Required Services. Contractor agrees to take appropriate measures necessary to ensure that all subcontractors and 3 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

personnel utilized by the Contractor to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any respons ibilities of the Contractor under this Agreement, Contractor shall ensure that each and every subcontractor carries out the Contractor’s responsibilities as set forth in this Agreement.

1.10 Term. This Agreement shall commence Effective Date , which is t he date of the latest signature in executing this Agreement, and shall terminate , subject to Sections 6.1 and 6.2 of this Agreement, when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. Required Services shall commence pursuant to section 3 - Term of Exhibit A below.

2. COMPENSATION

2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Contractor in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2.

2.2 Detailed Invoicing. Contractor agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Contractor must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget.

2.3 Payment to Contractor. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Contractor for the invoice amount within thirty (30) days. Payment shall be made in accord ance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced.

2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Contractor.

2.5 Reimbursement of Costs. City may reimburse Contractor’s out-of-pocket costs incurred by Contractor in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor shall be responsible for any and all out-of-pocket costs incurred by Contractor in the performance of the Required Services.

2.6 Exclusions. City shall not be responsible for payment to Contractor for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the error s, omissions, negligence or acts of willful misconduct of Contractor, its agents, employees, or subcontractors.

2.7 Payment Not Final Approval . Contractor understands and agrees that payment to the Contractor or reimbursement for any Contractor costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for 4 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

payment under this Agreement, nor does it constitute a waiver of any violation by Contractor of the terms of this Agreement. If City determines that Contractor is not entitled to receive any amount of compensation already paid, City will notify Contractor in writing and Contractor shall promptly return such amount.

3. INSURANCE

3.1 Required Insurance . Contractor must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.

3.2 Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work.

3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI ) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable.

3.4 Subcontractors. Contractor must include all sub -Contractors/sub-contractors as insure ds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub -Contractors must also comply with the terms of this Agreement.

3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be s pecified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Complet ed Operations coverage.

3.6 General Liability Coverage to be “Primary.” Contractor’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Contractor and in no way relieves Contractor from its responsibility to provide insurance.

3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Contractor must procure and put into effect equivalent coverage(s).

3.8 Waiver of Subrogation. Contractor’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreemen t. In addition, Contractor waives any right it may have or may obtain to subrogation for a claim against City.

3.9 Verification of Coverage . Prior to commencement of any work, Contractor shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that 5 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

Contractor has obtained the Required Insurance in compliance with the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications.

3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply:

a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement.

b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement.

c. If coverage is canceled or non -renewed, and not replac ed with another claims -made policy form with a “Retro Date” prior to the effective date of this Agreement, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.

d. A copy of the claims reporting requirements must be submitted to the City for review.

3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Contractor’s obligations under this Agreement, including Indemnity.

3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained.

4. INDEMNIFICATION

4.1. General. To the maximum extent allowed by law, Contractor shall timely and fully protect, defend, reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Contractor, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liabilit y, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the I ndemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Contractor, its employees, agents or officers, or any third party.

4.2. Modified Indemnity Where Agreement Involves Design Professional Services . Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity 6 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8.

4.3 Costs of Defense and Award. Included in Contractor’s obligations under this Section 4 is Contractor’s obligation to defend, at Contractor’s own cost, expense an d risk, and with counsel approved in writing by City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them.

4.4. Contractor’s Obligations Not Limited or Modified. Contractor’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Contractor. Furthermore, Contractor’s obligations under this Section 4 shall in no way limit, modify or excuse any of Contractor’s other obligations or duties under this Agreement.

4.5. Enforcement Costs . Contractor agrees to pay any and all costs and fees City incurs in enforcing Contractor’s obligations under this Section 4.

4.6 Survival. Contractor’s obligations under this Section 4 shall survive the termination of this Agreement.

5. FINANCIAL INTERESTS OF CONTRACTOR.

5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and Contractors performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700).

In order to assure compliance with these requirements, Contractor shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.

5.2 Disclosures; Prohibited Interests . Independent of whether Contractor is required to file a Form 700, Contractor warrants and represents that it has disclosed to City any economic interests held by Contractor, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Contractor warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor wo rking solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further warrants and represents that no officer or employee of City, has any interest, wheth er contractual, non -contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Contractor or Contractor’s subcontractors. Contractor further agrees to notify City in the event any such interest is discovered wheth er or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability.

5.3 Levine Act . California Government Code section 84308, commonly known as the Levine Act, prohibits public agency officers from participating in any action related to a contract if such officer receives political contributions totaling more than $ 500 within the previo us twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. In order to assure compliance with these requirements, Contractor shall comply with the 7 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

disclosure requirements identified in the attached Exhibit D, incorporated into the Agreement by this reference.

6. REMEDIES

6.1 Termination for Cause . If for any reason whatsoever Contractor shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Contractor shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default ”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Contractor. Such notice shall identify the Default and the Agreement termination date. If Contractor notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Contractor up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Contractor shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Contractor as part of the Required Services.

Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Contractor may be entitled to compensation for work satisfactorily performed prior to Contractor’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default.

6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Contractor of such termination or suspension at least fifteen (15) days pr ior to the effective date thereof. Upon receipt of such notice, Contractor shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclu sive property as provided in Section 7 hereof. Contractor shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement.

6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Contractor hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6.

6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Contractor shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement.

6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. Contractor hereby waives any right to remove any action from San Diego County as may otherwise be permitted by California Code of Civil Procedure section 394.

8 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

6.6 Service of Process . Contractor agrees that it is subject to personal jurisdiction in California. If Contractor is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Contractor irrevocably consents to service of process on Contractor by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing.

7. OWNERSHIP AND USE OF WORK PRODUCT

All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Contractor in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Contractor, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Contractor shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

8. GENERAL PROVISIONS

8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.

8.2 Assignment. City would not have entered into this Agreement but for Contractor’s unique qualifications and traits. Contractor shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion.

8.3 Authority. The person(s) executing this Agreement for Contractor warrants and represents that they have the authority to execute same on behalf of Contractor and to bind Contractor to its obligations hereunder without any further action or direction from Contractor or any board, principle or officer thereof.

8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.

8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Pa rties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded.

8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Contractor agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub - contractors/sub-Contractors.

9 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties.

8.8 Independent Contractor. Contractor is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers sha ll have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents (“ Contractor Related Individuals”), except as set forth in this Agreement. No Contractor Related Individuals shall be deemed employees of City, and none o f them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Contractor Related Individuals; instead, Contractor shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Contractor shall not at any time or in any manner represent that it or any of its Contractor Related Individuals are employees or agents of City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner.

8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing.

8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.

(End of page. Next page is signature page.)
10 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

SIGNATURE PAGE

CONTRACTOR SERVICES AGREEMENT

IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Contractor agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date.

WITTMAN ENTERPRISES, LLC CITY OF CHULA VISTA

BY:________________________________ BY: ________________________________

CORINNE WITTMAN-WONG TIFFANY ALLEN

CEO CITY MANAGER

APPROVED AS TO FORM

BY: _______________________________
Marco A. Verdugo
City Attorney

11 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

EXHIBIT A

SCOPE OF WORK AND PAYMENT TERMS

1. Contact People for Contract Administration and Legal Notice

A. City Contract Administration:

Emily Folker
276 Fourth Avenue, Building C, Chula Vista 91910
[email protected]

For Legal Notice Copy to:

City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
[email protected]

B. Contractor Contract Administration:

WITTMAN ENTERPRISES, LLC
11093 Sun Center Drive, Rancho Cordova, CA 95670
916-669-4628
[email protected]

For Legal Notice Copy to:

Corinne Wittman-Wong
11093 Sun Center Drive, Rancho Cordova, CA 95670
916-669-4608
[email protected]

2. Required Services

A. General Description:

The City of Chula Vista, through its Chula Vista Fire Department, is in need of Emergency Medical Services EMS) billing and collection services for its program providing Advanced Life Support ambulance services to Chula Vista, Imperial Beach and the Bonita Sunnyside Fire District, in accordance with the terms, conditions and specifications contained in Request for Proposals (RFP) No.11-2026.

B. Detailed Description:

1. The Contractor shall provide detailed information on how it will handle incomplete patient data. The City will provide electronic patient care records (“ePCR”) by providing access to our ePCR software.

The City currently utilizes Image Trend Elite to capture patient dat a electronically, with a CAD download from TriTech. The City also uses a Fire Department data collection program Image Trend Elite in to which EMS data is entered that references patient records. In the event a record is incomplete upon receipt, please outline your steps to obtain the information. 12 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

2. In the event of any interruption in electronic provision, the Contractor must have the ability to accept patient data via hard copy. Contractor should have the ability to utilize a secure data transfer system such as SFTP for billing transfer or an alternative detailed description of the recommended process.

The Contractor will also be able to receive supplemental patient information (such as FACE sheets, if available), via fax, email, or mail.

3. The software/hardware billing system should ensure complete and uninterrupted backup systems and a data recovery plan/system should a disaster occur. The Contractor is to provide their data recovery plan/system and provide information on data backups.

4. The Contractor will provide all software and hardware associated with the billing and collections process. The software should interface with Image Trend Elite Please provide description of the electronic file needed to transmit data from the City to Contractor and how that electronic file is to be created.

5. The Contractor will work to interface with San Diego Health Connect (HIE) aka “hub” on getting demographic/ billing/ and outcome data as it is available.

6. The Contractor will describe their audit process. The Contractor shall be responsible for reconciling ePCRs compared with CAD and Image Trend Elite data to ensure the following: a) there are no missing ePCRs, including ePCRs for each patient in a multiple patient incident, b) ePCRs meet minimum content criteria nece ssary to generate the appropriate fee schedule, c) fee schedules are accurate, d) billing codes are appropriate, e) reports are reviewed to capture itemized charges.

7. Contractor should screen each document for completeness of data and level of service; ALS1-2, BLS, AMA/ Releases/ DOA, medications and skills administered. Apply the appropriate ICD 10 diagnosis codes and procedure codes for billing purposes and demonstrate their ability to interpret ambulance transport data and provide accurate billing thereo f. This should be inclusive of obtaining receiving hospital face sheets and patient/parent/guardian signature for authorization to bill.

8. The Contractor shall describe their process, if available, for interfacing directly with ePCR vendor Image Trend Elite Contractor shall work with the City’s Fire Department EMS staff to identify data input gaps, errors, or other data needs, and describe a means of obtaining solutions to these problems.

Contractor shall provide in the RFP response common examples of data input problems and corresponding solutions, as well as any past experience with this type of interface. This may include management of ePCR hardware, such as mobile data devices

9. The Contractor should have the ability to bill electronically on the firm’s secure server for the various claim types: Medicare, Medi-Cal, commercial insurances and private payers following all guidelines of CMS. Contractor should also process denials for all insurances including Medicare and Medi -Cal according to defined timelines. Please provide information on your firm’s capabilities in these areas. 13 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

10. The Contractor shall be responsible for obtaining demographic and insurance information from receiving hospitals. The Contractor shall detail the process for obtaining and electronically securing this information.

11. The Contractor shall be responsible for obtaining “Assignment Authorization”, also known as “lifetime signature”, which allows CMS to pay the provider directly.

12. The Contractor shall provide postage for the mailing of all correspondence of the billing operation.

The City will provide the Contractor the customer service instruments (Exhibit E) and the HIPAA Notice of Patient Privacy brochure (Exhibit F). Exhibits E and F are attached and may be modified at any time during the contract.

13. The Contractor will provide a liaison to the City. This individual shall be a full -time employee of the Contractor, have an extensive knowledge of EMS billing practices, as well as a grasp of EMS industry standard practices, and decision -making authority for problem resolution. This liaison shall be available during regular business hours, have an alternate contact av ailable in his/her absence. The liaison shall provide overall management and coordination of the contract on the Contractor’s behalf and have access to technical assistance at all times.

14. The Contractor liaison or their appointee should be available for af terhours in the event an interface issue should require the Contractor’s support to proceed with operations. This is to include technical support of interfaces with ePCR software.

15. The Contractor shall provide a minimum of six (6) hours of operational trai ning and six (6) hours of management/finance training prior to the start of contractual services by the Contractor. The Contractor is to keep the City abreast on changes in the billing process and new requirements for data gathering as they occur. The Contractor shall also provide updates to the City on changes in federal and state laws related to services being provided. The Contractor also agrees to provide ongoing training throughout the contract as deemed necessary due to industry regulation changes, trends noted, product software changes; or to review services and how the Contractor and City can work together to further reduce debt owed, maintain medical protocols and ensure all services are accurately billed.

16. The Contractor will monitor all billing an d regulatory changes impacting reimbursement and adjust its system to ensure regulatory compliance; and update the City of such changes with an explanation of how it will affect the City and its customers.

17. The Contractor will provide the City with policies regarding the following: code of conduct, staff and Contractor acknowledgment form, conflict of interest policy, background check policy, reporting compliance concerns policy.

14 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

18. Additionally, the Contractor will provide the City with the following procedures: General billing, coding and charge entry, credit balances/overpayments, hardship waivers, collections and write offs, patient signatures, denials, patient communications, patient confidentiality, record s management and retention and quality assurance or continuous quality improvement. Quality assurance would ideally include a random 10% chart review by the supervisor for billing discrepancies.

19. Contractor shall provide acknowledgement of account placement within 10 days of submission via the same method that the account was submitted.

20. The Contractor should indicate whether the City will have access to the Contractor’s database via web link or other method(s) in order to determine the progress of the collection efforts. This method must be maintained throughout the life of the contract and the City will retain data ownerships at the end of the contract’s term. The method used to obtain this data needs to be fully explained including a technical overview to ensure compatibility.

21. The Contractor shall indicate in their policy on when delinquent accounts will be reported to the three major credit bureaus. Reporting must be done in accordance with all federal, state and local laws, including but not limited to the Fair Debt Collections Practices Act, the Federal Equal Credit Opportunity Act, and the Consumer Credit Protection Act. The City will retain the right to cancel accounts and/or remove items from credit reporting agencies without being subject to fees.

22. For all accounts that are assigned to the Contractor, all customer contact, including notices, mailing, itemizations, small claims, bankruptcy filings, and miscellaneous requests and inquiries, is the sole responsibility of the Contractor. The Contractor will be fully responsible for maintaining accurate records of all correspondence, documents, accounting records, transactions and other relative evidence. Contractor will also be solely responsible for any and all costs incurred in and associated with the collection of debts referred to it by the City.

23. Contractor shall have the ability to submit as agent of the City to the Franchise Tax Board ("FTB") all qualifying delinquent accounts, and track, monitor and report to the City the results of the submission.

Please provide a statement on your firm’s current capabilities/experience in this program.

24. The Contractor will apply and participate in Section 1011 of the Medicare Modernization Act, which involves reimbursement for care of undocumented aliens. Contractor agrees to submit any claims to Trailblazer, within 180 days of end of federal fiscal quarter in which the service was provided and provide a report with a list of all 1011 claims and reimbursements submitted to Trailblazer to the City of Chula Vista.

25. Contractor shall provide two plans for remitting payment to the City and Contractor being paid for services. The first should be based upon the cumulative daily deposits to the City’s bank account with a detailed electronic notification sent. The second scenario would be a monthly remittance/reconciliation of the prior month’s activities . Please provide benefit/cost/accounting 15 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

analysis of both options as well as time frames for activities. For example, deposit and notification within X days of receipt, monthly reports by X of following month, etc.

26. Contractor shall provide customer service representatives that are available at a minimum from 8:00 AM – 5:00 PM, Pacific Time, Monday through Friday, excluding major holidays. A toll-free number shall be provided, as well as fax and email. The Contractor will provide sufficient Customer Service Representative(s) to assist patients and/or third-party payees in all billing inquiries in a timely manner, not to exceed two (2) business days. The Contractor will agree to employ courteous business procedures throughout the term of the contract with our customers and with City personnel. Spanish- speaking representatives shall be available, as shall a language translation service for other language needs of patients or their representatives.

27. Contractor shall provide in the proposal, detailed process of customer complaint resolution. This process shall include detailed monthly reports to the City of all complaints, as well as a process for unresolved complaints.

28. Contractor shall provide to the City a monthly report on the status of each account including; account number, patient number, call number, customer name, date of service, the amount received, the charges waived, the balance due and date of last payment, and the actions taken on the account. If an account is deemed uncollectible, information regarding this determination must be provided to the City.

29. Contractor shall provide to the City monthly financial detailed and summary reports including totals for receipts, accounts receivable, and total accounts receivable collection percentage, write -offs (mandatory and other), and refund reports (including refunds pending). Additional reports that the City may need, or request will automatically be formatted to their specifications and sent. Repeat caller reports will be provided quarterly. Please provide reports of this nature currently generated by firm.

30. The Contractor will also provide monthly revenue reports that separate monthly income based on Chula Vista Fire call origination/location. These revenue reports should be with and without write offs and include a description of credits, percentage of total quantity and total amounts. Reports should have the capability to be run by any requested date parameters. Please provide reports of this nature currently generated by the firm.

31. Contractor will provide monthly insurance payer mix report. This should include the description of insurance, percentage of total for Medicare, Medi -Cal, Private Insurance, and Self pays with total amounts. Please provide reports of this nature currently generated by firm.

32. The Contractor will provide monthly billing reports with the total base charges ALS1-2, BLS, AMA/ Releases/ DOA, First Responder Fee, for resident/ non-resident, District/ City and the add on of a first responder fee billed for the month. Along wi th the quantity of medications, skills and bundling type per billing category. In addition to the charged amounts the amount collected per base charged in the specific category should be provided in the monthly report. 16 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

33. The City’s accounting methodology is a modified accrual system. Contractor shall provide to the City an annual financial summary report as of June 30 (City’s fiscal year end) including totals for receipts, net accounts receivable, total accounts receivable, write -offs and collection percent age. This report should be submitted to the City no later than July 30th of each year, for the previous fiscal year.

34. Reports may need to be modified periodically on specific issues or needs that arise, specify the process to add/change or delete specific reports.

35. Contractor is to provide reports not specifically identified in this RFP that would be useful to the City EMS/Service and or accounts receivable process. For example, revenue trend analysis, future outlook, etc.

36. Contractor shall guarantee the c onfidentiality, security and safety of all files, documents, and information provided by the City, except as to disclosure required by federal and state laws and regulations. The Contractor will comply with all federal, state, and local statues and regulat ions regarding protected health information, including the Health Insurance and Portability and Accountability Act of 1996 (HIPAA).

37. Contractor will exercise its best ethical, prudent, lawful and professional efforts to secure collections on all accounts referred by the City. Collections activities shall comply with all federal, state and local laws, including but not limited to the Federal Fair Debt Collection Practices Act.

38. Contractor will process all customer payments in accordance with applicable Payment Card Industry (PCI) security requirements. Please provide PCI certification or statement as to PCI compliance.

39. In accordance with the Fair and Accurate Credit Transaction (FACT) Act of 2003 (Red Flag Rules), the vendor must have an identity theft prevention program in place. Please provide a copy of your company’s policy. Contractor will be responsible for all “Breach” notifications concerning the loss of unprotected PHI in their pos session in accordance with the Health Information Technology for Economic and Clinical Health Act (HITECH).

40. The Contractor will comply with all Centers for Medicare & Medicaid (CMS) regulations and applicable State Medi -Cal regulations regarding claim sub mittal and processing in its entirety.

Contractor will remain current in CMS regulations and inform the City if its current practices need to be modified to adhere to all regulatory compliance matters. Any reductions in Medicare or Medi -Cal reimbursement that are the result of failures on the part of Contractor to submit claims in accordance with established timelines (where the delay is solely the fault of the Contractor) will not be transferred to the City. Contractor will be responsible, in these situati ons, to reimburse the City as if the reimbursement was not reduced for the late submission. Please provide an authorization to bill.

17 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

41. Contractor shall be HIPAA compliant, enter into a HIPAA business associate agreement with the City (if selected), and main tain HIPAA compliance throughout the term of the contract. Please provide a HIPAA certification or a statement on compliance as well as a draft business associate agreement.

Any violations of HIPAA by the Agency will be grounds for contract termination.

42. The Contractor shall meet with City staff upon execution of contract to discuss all the goals of the relationship, the services to be provided and other topics relevant to performing emergency medical services billing on behalf of the City.

43. At any time, all records of the Contractor pertaining to the City shall be subject to inspection, review, or audit by City, state or federal officials, during the contract period and for seven (7) years after the termination of the contract. Contractor shall retain records according to an agreed upon retention plan.

Thereafter the Contractor will release them to the City of Chula Vista for permanent storage, or at the City request, be properly destroyed. The shredding must be done on Contractor’s site.

44. Contractor shall not assign or subcontract any portion of this agreement or transfer or assign any claim, pursuant to this contract, without the written consent of the City. (This includes the outsourcing or offshoring of data.)

45. Contractor shall make contacts with delinquent accounts under the name of the Contractor and not the City of Chula Vista.

46. Any settlement of principal or charges shall be agreed upon in writing between the Contractor and the City, prior to acceptance.

47. The City reserves the right to terminate this Agreement pursuant to section 6 “Remedies” above. In the event of contract termination or the bankruptcy/dissolution of the Contractor, all accounts, payments, and documentation made on behalf of the City accounts shall be returned to the City, regardless of status or payment arrangements made with consumers.

48. Contractor will not enter into any Third -Party Agreements (TPA) with clearinghouses, insurance companies or any other arrangement that results in a reduction of reimbursement without the written approval of the City. Absent of such written approval, Contractor will consider any reduced reimbursement from such arrangements to be solely at their expense and will reimburse City as if the reimbursement was provided in full.

49. Contractor will assist the City in applying for MediCal healthcare provider status once transport operations have commenced.

50. The Contractor will assist in providing the necessary data needed to apply for additional governmental cost recovery programs such as Public Provider Intergovernmental Transfer (PPIGT). The Contractor shall provide examples of how they provide these services to other governmental agencies, and 18 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

describe their experience in processing claims for federal supplemental reimbursement programs. The Contractor shall provide the necessary reporting on the reimbursement of these funds and transfer these funds to the City during the month they were received.

51. To the extent possibl e, the Contractor will provide electronic claims processing and paper filings to all insurance companies. The first invoice will be dated no later than two (2) business days after the ePCR is available to the Contractor on the secured website. The second n otice will be sent to the patient or responsible party thirty (30) days after the original invoice. The third notice (final notice) will be sent to the patient or responsible party thirty (30) days after the second notice has been mailed.

Exceptions can be made for extenuating circumstances (i.e., pending litigation)

52. All payments received by the Contractor on behalf of City of Chula Vista will be deposited to the City of Chula Vista-designated bank account within three (3) business days. On a daily basis, records of deposits will be correlated with database reports.

53. The Contractor agrees to negotiate and arrange a modified payment schedule for those individuals who are unable to pay the full amount when invoiced. The Contractor is authorized to establish a monthly payment of no less than $25.00 per month and is to ensure those individuals continue to pay at least that amount for the duration of the invoice

54. The Contractor will collect from the patient any remaining amount after patient’s insurance or other third-party payments are made, when permitted by law and provider agreement.

55. The Contractor also agrees to provide:

a. All invoices and related insurance forms with remittance advice.

b. Return envelope with the address to be designated and approved by the City of Chula Vista.

Window envelopes are acceptable for satisfying this requirement. Invoice envelopes will indicate “Address Service Correction.”

c. Postage for the mailing of all said invoices and forms for the billing operation.

d. Patient statement with a message stating, “all checks must be made payable to the City of Chula Vista.” Sample of invoice to be provided to the City of Chula Vista and approved prior to implementation.

e. Reasonable effort to locate and correct any incorrect billing address for billable patients.

f. A working arrangement with all City of Chula Vista-serviced hospitals.

19 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

56. The Contractor will work with the City of Chula Vista staff to maximize collections as all owed and serve as a consultant in the area of fee schedules (e.g. bundling vs. unbundling) or other matters as applicable. The universal base rate for all transports will remain at the level approved by the city council, but the Contractor will evaluate all other service fees such as mileage, oxygen, procedures, medications, etc. initially and periodically thereafter to optimize the net revenue collected by the city for services. The Contractor will utilize their existing data for regional provider agencies and payors to provide city with service fee recommendations.

3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall be for five (5) years beginning July 1, 2026 through June 30, 2031 with two (2) two-year option terms and a final one (1) year option term as further described in section 5 below for a total of 120 months expiring June 30, 2036.

4. Compensation:

A. Form of Compensation

☒ Single Fixed Fee. For performance of all of the Required Services by Contractor as herein required, City shall pay a single fixed fee to be calculated and determined to be 2.95% of net collections, with an anticipated amount set not to exceed $1,000,000 annually with a upon completion of all Required Services to City’s satisfaction. The maximum amount to be paid to Contractor for Required Services performed through June 30, 2036 shal l not exceed $10,000,000.

B. Reimbursement of Costs

☒ None, the compensation includes all costs

5. Special Provisions:

☐ Permitted Sub-Contractors: List Permitted Sub-Contractors or Indicate “None”

☐ Security for Performance: See City Attorney or Indicate “None” if Not Applicable

☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for three (3) additional terms, defined as two (2) two-year increments and a final one (1) year increment, or June 30, 2036. The City Manager o r Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. The City shall give written notice to Contractor of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. Such notice shall be provided at least thirty (30) days prior to the expiration of the term.

☒ Other: Public Agency Participation: Other public agencies (e.g. city, county, public corporation, political subdivision, school district, or water authority) may want to participate in this award of this contract based on RFP P11-2026. The City of Chula Vista shall incur no financial responsibility in connection with any contract by another public agency. The public agency shall accept sole responsibility for contracting and making payments to the successful respondent.)
20 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

EXHIBIT B

INSURANCE REQUIREMENTS

Contractor shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).

Type of Insurance Minimum Amount Form
☒ General Liability:

Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit

Additional Insured Endorsement
or Blanket AI Endorsement for
City*

Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01

*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement

Other Negotiated Insurance Terms: NONE

21 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

EXHIBIT C

CONTRACTOR CONFLICT OF INTEREST DESIGNATION

The Political Reform Act 1 and the Chula Vista Conflict of Interest Code 2 (“Code”) require designated state and local government officials, including some Contractors, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, Contractors designated to file the Form 700 are also required to comply with certain ethics training requirements.3

☒ A. Contractor will not exert influence over the official or contracting decisions of City and is therefore EXCLUDED4 from disclosure.
☐ B. Contractor WILL exert influence over the official or contracting decisions of City and their disclosure designation is as follows:

APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)

Name Email Address Applicable Designation
Enter Name of Each
Individual Who Will Be
Providing Service Under the
Contract – If individuals
have different disclosure
requirements, duplicate this
row and complete separately
for each individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more
of the categories under which the
Contractor shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.

Justification:

☒ C. Excluded from Disclosure

1. Required Filers

Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Contractor,” pursuant to FPPC Regulation 18700.3, must file a Form 700.

2. Required Filing Deadlines

Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within thirty (30) days of the termination of the Agreement.

3. Filing Designation

The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Contractor will provide. Notwithstanding this designation or anything in the

1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “in dividual” does not include corporation or limited liability company).
22 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

Agreement, the Contractor is ultimately responsible for complying with FPPC regulations and filing requirements. If you h ave any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619) 691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.

Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code.

Completed by: Emily Folker

23 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

EXHIBIT D

CONSULTANT LEVINE ACT DISCLOSURE

California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula Vista Officer 5 (“Officer”) from taking part in decisions related to a contract if the Officer received a political contribution totaling more than $ 500 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract.

The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. The Levine Act does not apply to competitively bid, labor , or personal employment contracts; contracts valued at under $50,000; contracts where no party receives financial compensation; or contracts between two or more agencies.

☒ A. The Levine Act (Govt. Code §84308) DOES NOT apply to this Agreement. ☐ B. The Levine Act (Govt. Code §84308) does apply to this Agreement and the required disclosure is as follows:

Current Officers can be located on the City of Chula Vista’s websites below:
 Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council  City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us  Planning Commissioners – www.chulavistaca.gov/pc
 Candidate for Elected Office – www.chulavistaca.gov/elections

1. Have you or your company, or any agent on behalf of you or your company, made political contributions totaling more than $500 to any Officer in the 12 months preceding the date you submitted your proposal, the date you completed this form, or the anticipated date of any Council action related to this Agreement?

YES: ☐ If yes, which Officer(s): Click or tap here to enter text.

NO: ☐

2. Do you or your company, or any agent on behalf of you or your company, anticipate or plan to make political contributions totaling more than $500 to any Officer in the 12 months following the finalization of this Agreement or any Council action related to this Agreement?

YES: ☐ If yes, which Officer(s): Click or tap here to enter text.

NO: ☐

Answering yes to either question above may not preclude the City of Chula Vista from entering into or taking any subsequent action related to the Agreement. However, it may preclude the identified Officer(s) from participating in any actions related to the Agreement.

5 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. GC § 84308
24 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

EXHIBIT E

BUSINESS ASSOCIATE ADDENDUM

This Business Associate Addendum (the “Addendum”) is made effective the ____ day of _____, 2026, by and between the City of Chula Vista, hereinafter referred to as “Covered Entity,” and Wittman Enterprises, LLC a subsidiary of EMS Management & Consultants, Inc., hereinafter referred to as “Business Associate” (individually, a “Party” and collectively, the “Parties”).

WITNESSETH:

WHEREAS, the Parties wish to enter into a Business Associate Addendum to ensure compliance with the Privacy and Security Rules of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA Privacy and Security Rules”) (45 C.F.R. Parts 160 and 164); and

WHEREAS, the Health Inform ation Technology for Economic and Clinical Health (“HITECH”) Act of the American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, modified the HIPAA Privacy and Security Rules (hereinafter, all references to the “HIPAA Privacy and Security Rules” incl ude all amendments thereto set forth in the HITECH Act and any accompanying regulations); and

WHEREAS, the Parties have entered into a Billing Services Agreement (the “Agreement”) whereby Business Associate will provide certain services to Covered Entit y and, pursuant to such Agreement, Business Associate may be considered a “business associate” of Covered Entity as defined in the HIPAA Privacy and Security Rules; and

WHEREAS, Business Associate may have access to Protected Health Information or Elect ronic Protected Health Information (as defined below) in fulfilling its responsibilities under the Agreement; and

WHEREAS, Covered Entity wishes to comply with the HIPAA Privacy and Security Rules, and Business Associate wishes to honor its obligations as a Business Associate to Covered Entity.

THEREFORE, in consideration of the Parties’ continuing obligations under the Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agr ee to the provisions of this Addendum.

I. DEFINITIONS

Except as otherwise defined herein, any and all capitalized terms in this Addendum shall have the definitions set forth in the HIPAA Privacy and Security Rules. In the event of an inconsistency bet ween the provisions of this Addendum and mandatory provisions of the HIPAA Privacy and Security Rules, as amended, the HIPAA Privacy and Security Rules in effect at the time shall control. Where provisions of this Addendum are different than those mandated by the HIPAA Privacy and Security Rules, but are nonetheless permitted by the HIPAA Privacy and Security Rules, the provisions of this Addendum shall control.

The term “Breach” means the unauthorized acquisition, access, use, or disclosure of protected health information which compromises the security or privacy of such information, except where an unauthorized person to whom such information is disclosed would not reasonably have been able to retain such information. The term “Breach” does not include: (1) any unintentional acquisition, access, or use of protected health information by any employee or individual acting under the authority of a covered entity or business associate if (a) such acquisition, access, or use was made in good faith and within the course and scope of the employment or other professional relationship of such employee or individual, respectively, with the covered entity or business associate, and (b) such information is not further acquired, accessed, used, or disclosed by any person; or (2) any inadvertent disclosure from an individual who is otherwise authorized to access protected health information at a facility operated by a covered entity or business associate to another similarly situated individual at same 25 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

facility; and (3) any such information received as a result of such disclosure is not further acquired, accessed, used, or disclosed without authorization by any person.

The term “Electronic Health Record” means an electronic record of health -related information on an ind ividual that is created, gathered, managed, and consulted by authorized health care clinicians and staff.

The term “HIPAA Privacy and Security Rules” refers to 45 C.F.R. Parts 160 and 164 as currently in effect or hereafter amended.

The term “Protected Health Information” means individually identifiable health information as defined in 45 C.F.R § 160.103, limited to the information Business Associate receives from, or creates, maintains, transmits, or receives on behalf of, Covered Entity.

The term “E lectronic Protected Health Information” means Protected Health Information which is transmitted by or maintained in Electronic Media (as now or hereafter defined in the HIPAA Privacy and Security Rules).

The term “Secretary” means the Secretary of the Department of Health and Human Services.

The term “Unsecured Protected Health Information” means Protected Health Information that is not rendered unusable, unreadable, or indecipherable to unauthorized individuals through the use of a technology or methodology specified by the Secretary in guidance published in the Federal Register at 74 Fed. Reg. 19006 on April 27, 2009 and in annual guidance published thereafter.

II. PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE

a. Business Associate may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Agreement or this Addendum, provided that such use or disclosure would not violate the HIPAA Privacy and Security Rules if done by Covered Entity. Until such time as the Secretary issues regulations pursuant to the HITECH Act specifying what constitutes “minimum necessary” for purposes of the HIPAA Privacy and Security Rules, Business Associate shall, to the extent practicable, disclose only Protected Health Information that is contained in a limited data set (as defined in Section 164.514(e)(2) of the HIPAA Privacy and Security Rules), unless the person or entity to whom Business Associate is making the disclosure requires certain direct identifiers in or der to accomplish the intended purpose of the disclosure, in which event Business Associate may disclose only the minimum necessary amount of Protected Health Information to accomplish the intended purpose of the disclosure.

b. Business Associate may us e Protected Health Information in its possession for its proper management and administration and to fulfill any present or future legal responsibilities of Business Associate, provided that such uses are permitted under state and federal confidentiality laws.

c. Business Associate may disclose Protected Health Information in its possession to third parties for the purposes of its proper management and administration or to fulfill any present or future legal responsibilities of Business Associate, provided that:

1. the disclosures are required by law; or

2. Business Associate obtains reasonable assurances from the third parties to whom the Protected Health Information is disclosed that the information will remain confidential and be used or furthe r disclosed only as required by law or for the purpose for which it was disclosed to the third party, and that such third parties will notify Business Associate of any instances of which they are aware in which the confidentiality of the information has been breached.

d. Until such time as the Secretary issues regulations pursuant to the HITECH Act specifying what constitutes “minimum necessary” for purposes of the HIPAA Privacy and Security Rules, Business Associate shall, to the extent practicable, access, use, and request only Protected Health Information that is contained in a limited data set (as defined in 26 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

Section 164.514(e)(2) of the HIPAA Privacy and Security Rules), unless Business Associate requires certain direct identifiers in order to accompl ish the intended purpose of the access, use, or request, in which event Business Associate may access, use, or request only the minimum necessary amount of Protected Health Information to accomplish the intended purpose of the access, use, or request. Cove red Entity shall determine what quantum of information constitutes the “minimum necessary” amount for Business Associate to accomplish its intended purposes.

e. Business Associate may use Protected Health Information to de-identify such information in accordance with 45 C.F.R. § 164.514(b) for Business Associate’s own business purposes or in connection with the services provided pursuant to the Agreement or to provide Data Aggregation services to Customer as permitted by 45 C.F.R. 164.504(e)(2)(i)(b). Once the Protected Health Information has been de -identified or aggregated, it is no longer considered Protected Health Information governed by this Addendum.

III. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE

a. Business Associate acknowledges and agrees that all Protected Health Information that is created or received by Covered Entity and disclosed or made available in any form, including paper record, oral communication, audio recording, and electronic display by Covered Entity or its operating units to Business Associate or is created or received by Business Associate on Covered Entity’s behalf shall be subject to this Addendum.

b. Business Associate agrees to not use or further disclose Protected Health Information other than as permitted or required by the Agreement, this Addendum or as required by law.

c. Business Associate agrees to use appropriate safeguards to prevent use or disclosure of Protected Health Information other than as provided for by this Addendum. Specifically, Business Associate will:

1. implement the administrative, physical, and technical safeguards set forth in Sections 164.308, 164.310, and 164.312 of the HIPAA Privacy and Security Rules that reasonably and appropriately protect the confidentiality, integrity, and availability of any Protected Health Information that it creates, receives, maintains, or transmits on behalf of Covered Entity, and, in accordance with Section 164.316 of the HIPAA Privacy and Security Rules, implement and maintain reasonable and appropr iate policies and procedures to enable it to comply with the requirements outlined in Sections 164.308, 164.310, and 164.312; and

2. report to Covered Entity any use or disclosure of Protected Health Information not provided for by this Addendum of which Business Associate becomes aware. Business Associate shall report to Covered Entity any Security Incident of which it becomes aware. Notice is deemed to have been given for unsuccessful Security Incidents, such as (i) “pings” on an information system firewall; (ii) port scans; (iii) attempts to log on to an information system or enter a database with an invalid password or user name; (iv) denial-of-service attacks that do not result in a server being taken offline; or (v) malware (e.g., a worms or a virus) that does not result in unauthorized access, use, disclosure, modification or destruction of Protected Health Information.

d. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by Business Associate on behalf of Covered Entity, agrees to the same restrictions and conditions that apply through this Addendum to Business Associate with respect to such information.

e. Business Associate agrees to comply with any requests for restrictions on certain disclosures of Protected Health Information to which Covered Entity has agreed in accordance with Se ction 164.522 of the HIPAA Privacy and Security Rules and of which Business Associate has been notified by Covered Entity. In addition, and notwithstanding the provisions of Section 164.522 (a)(1)(ii), Business Associate agrees to comply with an individual ’s request to restrict disclosure of Protected Health Information to a health plan for purposes of carrying out payment or health care operations if the Protected Health Information pertains solely to a health care item or service for which Covered Entity has been paid by in full by the individual or the individual’s representative.

27 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

f. At the request of the Covered Entity and in a reasonable time and manner, not to extend ten (10) business days, Business Associate agrees to make available Protected Healt h Information required for Covered Entity to respond to an individual’s request for access to his or her Protected Health Information in accordance with Section 164.524 of the HIPAA Privacy and Security Rules. If Business Associate maintains Protected Health Information electronically, it agrees to make such Protected Health Information available electronically to the applicable individual or to a person or entity specifically designated by such individual, upon such individual’s request.

g. At the reque st of Covered Entity and in a reasonable time and manner, Business Associate agrees to make available Protected Health Information required for amendment by Covered Entity in accordance with the requirements of Section 164.526 of the HIPAA Privacy and Security Rules.

h. Business Associate agrees to document any disclosures of and make Protected Health Information available for purposes of accounting of disclosures, as required by Section 164.528 of the HIPAA Privacy and Security Rules.

i. Business Ass ociate agrees that it will make its internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of, Covered Entity, available to the Secreta ry for the purpose of determining Covered Entity’s compliance with the HIPAA Privacy and Security Rules, in a time and manner designated by the Secretary, subject to attorney-client and other applicable privileges.

j. Business Associate agrees that, whi le present at any Covered Entity facility and/or when accessing Covered Entity’s computer network(s), it and all of its employees, agents, representatives and subcontractors will at all times comply with any network access and other security practices, pro cedures and/or policies established by Covered Entity including, without limitation, those established pursuant to the HIPAA Privacy and Security Rules.

k. Business Associate agrees that it will not directly or indirectly receive remuneration in exchange for any Protected Health Information of an individual without the written authorization of the individual or the individual’s representative, except where the purpose of the exchange is:

1. for public health activities as described in Section 164.512(b) of the Privacy and Security Rules;

2. for research as described in Sections 164.501 and 164.512(i) of the Privacy and Security Rules, and the price charged reflects the costs of preparation and transmittal of the data for such purpose;

3. for treatment of the individual, subject to any further regulation promulgated by the Secretary to prevent inappropriate access, use, or disclosure of Protected Health Information;

4. for the sale, transfer, merger, or consolidation of all or part of Business Associate and due diligence related to that activity;

5. for an activity that Business Associate undertakes on behalf of and at the specific request of Covered Entity;

6. to provide an individual with a copy of the individual’s Protected Health Information pursuant to Section 164.524 of the Privacy and Security Rules; or

7. other exchanges that the Secretary determines in regulations to be similarly necessary and appropriate as those described in this Section III.k.

l. Business Associate agrees that it will not directly or indirectly receive remuneration for any written communication that encourages an individual to purchase or use a product or service without firs t obtaining the written authorization of the individual or the individual’s representative, unless:

28 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

1. such payment is for a communication regarding a drug or biologic currently prescribed for the individual and is reasonable in amount (as defined by the Secretary); or

2. the communication is made on behalf of Covered Entity and is consistent with the terms of this Addendum.

m. Business Associate agrees that if it uses or discloses patients’ Protected Health Information for marketing purposes, it will obtain such patients’ authorization before making any such use or disclosure.

n. Business Associate agrees to implement a reasonable system for discovery of breaches and method of risk analysis of breaches to meet the requirements of HIPAA, The HITECH Act, and the HIPAA Regulations, and shall be solely responsible for the methodology, policies, and procedures implemented by Business Associate.

o. State Privacy Laws. Business Associate shall understand and comply with state privacy laws to the exte nt that state privacy laws are not preempted by HIPAA or The HITECH Act.

IV. BUSINESS ASSOCIATE’S MITIGATION AND BREACH NOTIFICATION OBLIGATIONS

a. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Addendum.

b. Following the discovery of a Breach of Unsecured Protected Health Information, Business Associate shall notify Covered Entity of such Breach without unreasonable delay and in no case later than forty -five (45) calendar days after discovery of the Breach. A Breach shall be treated as discovered by Business Associate as of the first day on which such Breach is known to Business Associate or, through the exercise of reasonable diligence, would have been known to Business Associate.

c. Notwithstanding the provisions of Section IV.b., above, if a law enforcement official states to Business Associate that notification of a Breach would impede a criminal investigation or cause damage to national security, then:

1. if the statement is in writing and specifies the time for which a delay is required, Business Associate shall delay such notification for the time period specified by the official; or

2. if the statement is made orally, Business Associate shall document the statement, including the identity of the official making it, and delay such notification for no longer than thirty (30) days from the date of the oral statement unless the official submits a written statement during that time.

Following the period of time specified by the official, Busine ss Associate shall promptly deliver a copy of the official’s statement to Covered Entity.

d. The Breach notification provided shall include, to the extent possible:

1. the identification of each individual whose Unsecured Protected Health Informatio n has been, or is reasonably believed by Business Associate to have been, accessed, acquired, used, or disclosed during the Breach;

2. a brief description of what happened, including the date of the Breach and the date of discovery of the Breach, if known;

3. a description of the types of Unsecured Protected Health Information that were involved in the Breach, if known (such as whether full name, social security number, date of birth, home address, account number, diagnosis, disability code, or other types of information were involved); 29 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

4. any steps individuals should take to protect themselves from potential harm resulting from the Breach; and

5. a brief description of what Business Associate is doing to investigate the Breach, to mitigate h arm to individuals, and to protect against any further Breaches.

e. Business Associate shall provide the information specified in Section IV.d., above, to Covered Entity at the time of the Breach notification if possible or promptly thereafter as information becomes available. Business Associate shall not delay notification to Covered Entity that a Breach has occurred in order to collect the information described in Section IV.d. and shall provide such information to Covered Entity even if the information becomes available after the forty -five (45)- day period provided for initial Breach notification.

V. OBLIGATIONS OF COVERED ENTITY

a. Upon request of Business Associate, Covered Entity shall provide Business Associate with the notice of privacy practices that Covered Entity produces in accordance with Section 164.520 of the HIPAA Privacy and Security Rules.

b. Covered Entity shall provide Business Associate with any changes in, or revocation of, permission by an individual to use or disclose Protected Health Information, if such changes affect Business Associate’s permitted or required uses and disclosures.

c. Covered Entity shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information to which Covered Entity has agreed in accordance with Section 164.522 of the HIPAA Privacy and Security Rules, and Covered Entit y shall inform Business Associate of the termination of any such restriction, and the effect that such termination shall have, if any, upon Business Associate’s use and disclosure of such Protected Health Information.

VI. TERM AND TERMINATION

a. Term. The Term of this Addendum shall be effective as of the date first written above, and shall terminate upon the later of the following events: (i) in accordance with Section VII.c., when all of the Protected Health Information provided by Covered Entity to Business Associate or created or received by Business Associate on behalf of Covered Entity is destroyed or returned to Covered Entity or, if such return or destruction is infeasible, when protections are extended to such information; or (ii) upon the expiration or termination of the Agreement.

b. Termination for Cause. Upon Covered Entity’s knowledge of a material breach of this Addendum by Business Associate and Business Associate’s failure to cure such breach within thirty (30) days of receiving noti ce of same from Covered Entity, Covered Entity shall have the right to terminate this Addendum and the Agreement.

c. Effect of Termination.

1. Except as provided in paragraph 2. of this subsection, upon termination of this Addendum, the Agreement or upon request of Covered Entity, whichever occurs first, Business Associate shall return or destroy all Protected Health Information received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Neither Business Associate nor its subcontractors or agents shall retain copies of the Protected Health Information.

2. In the event t hat Business Associate determines that returning or destroying the Protected Health Information is infeasible, Business Associate shall provide to Covered Entity notification of the conditions that make return or destruction infeasible and shall extend the protections of this Addendum to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protected Health Information. 30 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

VII. MISCELLANEOUS

a. No Rights in Third Parties . Except as expressly stated herein, the Parties to this Addendum do not intend to create any rights in any third parties.

b. Survival. The obligations of Business A ssociate under Section VII(c) of this Addendum shall survive the expiration, termination, or cancellation of this Addendum, the Agreement, and/or the business relationship of the parties, and shall continue to bind Business Associate, its agents, employees, contractors, successors, and assigns as set forth herein.

c. Amendment. This Addendum may be amended or modified only in a writing signed by the Parties. The Parties agree that they will negotiate amendments to this Addendum to conform to any changes in the HIPAA Privacy and Security Rules as are necessary for Covered Entity to comply with the current requirements of the HIPAA Privacy and Security Rules. In addition, in the event that either Party believes in good faith that any provision of this Addendum fails to comply with the then-current requirements of the HIPAA Privacy and Security Rules or any other applicable legislation, then such Party shall notify the other Party of its belief in writing. For a period of up to thirty (30) days, the Parties s hall address in good faith such concern and amend the terms of this Addendum, if necessary to bring it into compliance. If, after such thirty (30)-day period, the Addendum fails to comply with the HIPAA Privacy and Security Rules or any other applicable legislation, then either Party has the right to terminate this Addendum and the Agreement upon written notice to the other party.

d. Independent Contractor. None of the provisions of this Addendum are intended to create, nor will they be deemed to create, any relationship between the Parties other than that of independent parties contracting with each other solely for the purposes of effecting the provisions of this Addendum and any other agreements between the Parties evidencing their business relationship.

e. Interpretation. Any ambiguity in this Addendum shall be resolved in favor of a meaning that permits Covered Entity to comply with the HIPAA Privacy and Security Rules.

f. Certain Provisions Not Effective in Certain Circumstances. The provisions of this Addendum relating to the HIPAA Security Rule shall not apply to Business Associate if Business Associate does not receive any Electronic Protected Health Information from or on behalf of Covered Entity.

g. Ownership of Information. Covered Entity holds all right, title, and interest in and to the PHI and Business Associate does not hold and will not acquire by virtue of this Addendum or by virtue of providing goods or services to Covered Entity, any right, title, or interest in or to the PHI or any portion thereof.

h. Entire Agreement. This Addendum is incorporated into the Agreement, inclusive of all other prior amendments or modifications, if any, to such Agreement. The terms and provisions of the Agreement shall control to the extent they are contrary, contradictory, or inconsistent with the terms of this Addendum.

31 City of Chula Vista Agreement No.: Obtain from City Clerk HERE Service Provider Name: WITTMAN ENTERPRISES, LLC Rev. 1.13.2025

IN WITNESS WHEREOF, the Parties have executed this Addendum as of the day and year written above.

Each person whose signature appears hereon represents, warrants and guarantees that he/she has been duly authorized and has full authority to execute this Agreement on behalf of the Party on whose behalf this Agreement is executed.

Business Associate: Covered Entity:

Wittman Enterprises, LLC a subsidiary of City of Chula Vista EMS Management & Consultants, Inc

By: _________________________________ By:

Print: ________________________________ Print: Tiffany Allen

Title: ________________________________ Title: City Manager

Date: _____________________________ Date:

Approved as to form:

By: _________________________________

(For): Marco Verdugo, City Attorney