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CONSULTANTAGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 17th day of December, 2024 by and between Wittman Enterprises, LLC, a California Limited Liability company, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. On August 22, 2024, the City issued a Request for Proposals No. 24-104 (“RFP”), by which it sought a consultant to provide ambulance and paramedic billing and collection services for the City’s Emergency Medical Services (EMS) and Emergency Medical Trans port Services (EMTS) Programs.
B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that Consultant is able and willing to provide such services to the City described in the scope of work that was included in the RFP.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reason ably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
1. Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference.
2. At the sole discretion of the City (upon a writing to Consultant by City Manager or his/her designee and City Attorney), Consultant shall perform the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Optional Services – EXHIBIT B, attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services as set forth in EXHIBIT A, a percentage fee of 3.75% of net collections obtained by Consultant for each contract year, including any extensions granted by the City.
b. City agrees to pay, and Consultant agrees to accept as total payment for its optional
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services the rates and charges as set forth in EXHIBIT B.
c. Consultant shall bill for Emergency Medical Services at the rates established by City Council Resolution.
d. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments dire ctly into Consultant’s account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on January 1, 2025 for a three (3) year term with the option for the City to grant up to three (3) 1-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create a n employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and simil ar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other doc uments or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the sub contractor prepares under this Agreement.
Consultant represents an d warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in
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any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Consultant shall procure and maintain for the duration of the contract insurance agai nst claims for security breaches, system failures, injuries to persons, damages to software, and damages to property (including computer equipment), theft, or other misuse of City’s data, infringement of intellectual property, invasion of privacy and breach of data, which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, or employees.
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL) : Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 general aggregate.
2. Cyber Liability (CL): Insurance, with limits not less than $2,000,000 per occurrence or claim and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, and release of private information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
3. Professional Liability Insurance (PL) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
4. Workers’ Compensation (WC) as required by the State of California, with statutory limits, and Employer’s Liability insurance w ith limits of no less than $1,000,000 per accident, policy, employee, for bodily injury or disease.
If Consultant maintains broader coverage and/or higher limits than the minimums shown above for any line of coverage, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The above required insu rance policies are to contain or be endorsed to contain the following provisions:
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1. City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Company’s CGL, CL, and PL policies, with respect to any liability arising out of work or operations performed by or on behalf of the Consultant.
2. Consultant’s Insurance companies agree to waive all rights of subrogation against City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of the CGL, CL, PL, WC policies which arise from work performed by Consultant under this Agreement.
3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City of Santa Ana, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Finance and Management Services Agency, Executive Director , 20 Civic Center Plaza M-15, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by City. City may require Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of Californ ia with a current A.M. Best rating of no less than A-:VII, unless otherwise acceptable to City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The retroactive date must be shown and must be before the date of the contract.
2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work.
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3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, Consultant must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.
Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). Failure to obtain the required documents prior to the work beginning shall not waive City’s obligation to provide th em. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Failure to Maintain Insurance Coverage
If Consultant, for any reason, fails to maintain insurance coverage, which is required pursuant to this Agreement, for the entire term of this contract, the same shall be deemed a material breach of Agreement. City, at its sole option, may terminate this Agreement at any time and obtain damages from Company resulting from said breach.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, whic h may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
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to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including cost s, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to pro tect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred or ally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
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12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for wo rk which fails to meet the standard of
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performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Kathryn Downs, CPA, Executive Director
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Finance and Management Services Agency
City of Santa Ana
20 Civic Center Plaza (M-15)
P.O. Box 1988
Santa Ana, California 92702
To Consultant:
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall b e effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreeme nt, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
{Signatures on Following Page}
Corinne Wittman-Wong, CEO
Wittman Enterprises, LLC
11093 Sun Center Drive
Rancho Cordova, California 95670
Kathryn Downs (Dec 2, 2024 13:56 PST)
EXHIBIT A
SCOPE OF SERVICES
General Requirements
1. Consultant shall be responsible for modifying their billing systems to capture all necessary data generated from the ambulance & paramedic billing and collection services program as an electronic file and provide a description of the electronic file needed to receive data transmitted from OCFA.
2. Consultant shall work with OCFA and their electronic Prehospital Care Report (ePCR) vendor to identify data input gaps, errors and other data needs, and describe a means of obtaining solutions to these problems.
3. Consultant must be able to accurately transfer all necessary information from the OCFA ImageTrend database, based on the information provided by the electronic OCFA’s ePCR, and obtain any additional information needed that is not included in the ePCR for proper and correct invoicing.
4. Consultant must have the capability to fully integrate and support OCFA’s selected ePCR application.
5. Consultant shall bill for emergency medical services in a timely manner, including but not limited to the billing of Medicare, Medical/Medic aid, private insurances, supplemental insurances, secondary insurances and workers’ compensation carriers according to specific requirements.
6. Consultant shall provide to the City and the City’s contracted collection agency, listings of accounts, which the company feels are uncollectable, through normal collection processes, for further action by the City and the City’s contracted collection agency.
7. Contactor must be able to forward and work with the City’s contracted collection agency on listings of uncollectable accounts.
8. Consultant shall have the ability to handle third -party payer submission inquiries regarding insurance claims.
9. Consultant must work with County of Orange and perform screening of all medically indigent patients.
10. Consultant shall process all customer payments in accordance with the applicable Payment Card Industry (PCI) security requirements.
11. Consultant shall research and follow -up on all accounts with inadequate billing information.
This shall include the following at minimum:
a. Contact OCFA and/or Falck dba Care Ambulance for missing and/ or incomplete
information, which may be found in their records;
b. Contact receiving hospital for mi ssing and/ or incomplete billing information needed from the admitting/ registration records;
c. Contact patient family members or emergency contacts for information; d. Refer to zip code/ street directories for incomplete/ missing address information; and/or e. Mail inquiries to the patient.
12. Consultant shall have the ability to cross reference patient files in various methods (i.e. Last Name, Social Security Number, Service or Residence Address, Date of Birth, Date of Service, etc.).
13. Consultant shall have the abili ty to receive patient care documentation on paper and electronically.
14. Consultant shall maintain updated and current technology that will continuously provide the highest level of reimbursement and customer service possible.
15. Consultant must meet or exceed mutually agreed upon collection targets.
16. Consultant must instruct customers to submit all payments to Consultant, and not the City of Santa Ana.
17. Consultant shall collect and deposit payments on no less than a weekly basis, within three (3) days following receipt of payment.
Customer Service Requirements
1. Consultant shall designate a single manager for the City’s account, who will be the City’s primary contact with their agency.
2. Consultant shall provide all supplies, equipment, personnel, computer software and hardware, billing forms, insurance forms, lien forms, envelopes, postage and supplies necessary to administer, on a day-to-day basis, the City’s EMS billing and accounts receivable functions.
3. The company shall provide all billing statements in English and Spanish, and maintain a necessary staff of bilingual account representatives.
4. Consultant shall provide excellent customer service to citizens of Santa Ana who have billing questions or problems, by providing a nationwide toll-free phone number and an email address so individuals with questions or requiring assistance with invoices, may contact the company directly at no additional cost to the City.
5. Consultant shall have demonstrated experience and ability to act as the City's authorized agent for liaising on the City's behalf with the Centers for Medicare Services and/or their designated agents as well as associated state agencies.
6. Consultant shall have demonstrated experience and ability to act as the City's authorized agent for liaising with the City's contract EMS provider (OCFA).
Records and Reports
1. Consultant shall maintain complete records of each bill, including all correspondence, documents, account records, transactions and a detailed log of all payments. These records shall be retained for a minimum of three (3) years.
a. Consultant shall provide the City with electronic access to these billing records.
2. Consultant shall maintain records that are in accordance with the Generally Accepted Accounting Principles (GAAP). The Proposer agrees that all account files are the property of the City and will relinquish them to the City at the termination of the contract.
3. Consultant shall provide monthly finance, billing, account receivable aging reports, billing summaries, details for current month invoicing, current write -off, refund reports (including pending refunds), detail of monthly receipts account reconciliation, and any additional reports that the City may need or request, in the specific format requested.
4. Upon request, Consultant shall make all books and records available to both internal and external auditors.
5. Consultant shall provide annual and semi -annual EMS revenue collection projections to City staff upon request.
6. Consultant will conduct ePCR documentation training and/or workshops for personnel associated with the Orange County Fire Authority and the City’s ground emergency transport provider to enhance cost recov ery efficiencies. This includes (4) hours of teleconference, webinar, or Zoom -facilitated training , and (6) hours for Santa Ana EMS Management.
Additional and onsite training as requested by the City of Santa Ana will be at the contracted rate of $125 per hour (personnel rate) plus associated travel expenses.
Compliance
1. Consultant must comply with all applicable provisions and specifications of the Health Insurance Portability and Accountability Act (HIPAA), as well as other federal, state, and local statues and regulations addressing patient privacy issues throughout the term of the contract.
2. Consultant shall maintain proficiency and comply with all statutory, regulatory, and other legal requirements, including amendments to such requirements, which impact billing, reimbursement and/or collections for EMS and release of private medical information.
3. Consultant agrees to cooperate with the City regarding the handling of accounts. These accounts may be included, but are not limited to accounts of the specific a ge classifications, handicapped, and certain dependent situations.
4. Consultant shall provide regular and continuous education and training for Consultant’s staff, updating them immediately on all changes in the industry or government regulations that may have an impact on services being provided to the City. Consultant will extend education and
training to City staff to support in the development of policies pertaining to billing and collections, as well as hardship guidelines.
Meetings
1. Consultant must meet with City staff upon execution of contract to discuss goals of the relationship, the services to be provided, and other topics relevant to the ambulance & paramedic billing and collection services program.
2. Consultant agrees to meet with the City routinely and on request to discuss problems, special needs, future changes, and updates in software, technology, statistical data requests, or other relevant issues.
EXHIBIT B
SCOPE OF OPTIONAL SERVICES
A. City Paramedic Subscription Program
City at the sole discretion of the City Manager and City Attorney shall have the option to transfer the promotion and administration of the City’s Paramedic Subscription Program to Consultant under the following terms:
1. As a condition to participation in Consultant’s optional City Paramedic Subscription Program and to ensure that City is compliant with Medicare guidelines on subscription fees, City shall impose a minimum paramedic services subscription fee of not less than $70.00.
2. City shall thereafter i nform Consultant in writing of City’s decision to participate in Consultant’s optional City Paramedic Subscription Program within the time-frame parameters set forth in Section 9, below.
3. Upon receipt of City’s written decision to participate in Optional City Paramedic Subscription Program, Consultant shall assist City in generating and formatting an initial mass mailer to solicit participation by residents of the City of Santa Ana in the paramedic services subscription program, to be mailed by the City. Co nsultant shall assist in generating and formatting a renewal paramedic services subscription program mailer and will assist in formatting that mailer for mass mailing. Basic mailer and renewal mailer shall include a multi -color, double- sided City Paramedic Subscription Program solicitation letter/application, and prepaid return envelope. Use of additional colors, inserts, or enclosures may be added at the direction of the City. Consultant’s cost shall reflect increased service costs, materials, and postage. Consultant shall prepare a statement of additional costs per mailing piece for approval by City prior to incurring additional costs.
4. City shall generate the initial mass mailing list from residential billing accounts listed in the City’s Municipal Utility Billing System database for the most current billing period applicable.
The Mailing List shall be comprised of all residential paramedic billing accounts in the City’s Municipal Utility Billing System. Consultant shall annually, not less than sixty (60) days prior to the expiration of each registered City Paramedic Subscription Program member, send a renewal mailer/renewal application to such subscriber; and collect all Paramedic Subscription Program applications and membership fees remitted. City agrees to pay the cost of mailing materials and the postage charges associated to mailing said renewal mailers/applications including prepaid return envelope.
5. Consultant shall thereafter, on an on-going basis send an initial paramedic services subscription program mailer to any non-subscription paramedic service recipient with hardship requests and/or private pay installment discussions occurring by telephone between the patient and Consultant’s customer service agent. City agrees to pay the cost of mailing materials and the postage charges associated to mailing said mailers/applications including prepaid return envelope.
6. Consultant shall receive and process each subscription application by adding the member to Consultant’s system and posting the payment. This database will be used to identify any subscription member that may be transported upon the input to Consultant’s bi lling system.
City will receive separate monthly reports for the subscription program.
7. Fees. The City agrees to pay the cost of designing and distributing any marketing or outreach materials, mailing materials and the postage charges associated to distri buting the mailers including prepaid return envelope s. Consultant agrees no other fees may be charged to City beyond the 3.75% of net collections from each subscription payment collected.
B. Implementation of EMS Treat-No-Transport Call and First Responder Call Fees
The City, by a Resolution of the City Council, may impose fees associated with EMS Treat -No- Transport calls and First Responder calls at any point during the term of this agreement . If such fees become active during the initial term, the City will notify the Consultant in writing and agrees to pay to Consultant a percentage fee of 3.75% of net collections obtained by Consultant for each initial contract year. The City and Consultant agree to negotiate a revised percentage of net collections for the following extension years but in no event may the revised percentage exceed 8% of net collections.
Wittman Consultant Agreement - CAO signed
12-02-2024(456648.1)
Final Audit Report 2024-12-02
Created: 2024-12-02
By: Kristin Andrade ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAWI8W0uAm-CaSE11yFAe1dDETb5o0tFkl "Wittman Consultant Agreement - CAO signed 12-02-2024(4566
48.1)" History
Document created by Kristin Andrade ([email protected]) 2024-12-02 - 8:54:24 PM GMT
Document emailed to Kathryn Downs ([email protected]) for signature 2024-12-02 - 8:55:04 PM GMT
Email viewed by Kathryn Downs ([email protected])
2024-12-02 - 9:55:53 PM GMT
Document e-signed by Kathryn Downs ([email protected]) Signature Date: 2024-12-02 - 9:56:05 PM GMT - Time Source: server Agreement completed.
2024-12-02 - 9:56:05 PM GMT