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<br />. <br /> <br />A-2005-217 <br /> <br />STANDARD CONSULTANT AGREEMENT <br /> <br />THIS AGREEMENT, made and entered into this day of September, 2005 by and <br />between Wittman Enterprises, LLC, a California Limited Liability Company (hereinafter <br />"Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California (hereinafter "City"). <br /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill in providing ambulance and <br />paramedic billing and collection services for the City's Emergency Medical Services <br />Program. <br /> <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br /> <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firm in the field. <br /> <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br /> <br />1. SCOPE OF SERVICES <br /> <br />Consultant shall perform those services as set forth in Exhibit A-I to this Agreement. <br /> <br />2. COMPENSATION <br /> <br />City agrees to pay, and Consultant agrees to accept as total payment for its services a fee <br />equal to 6.8% of net collections obtained by Consultant. Consultant shall bill for Emergency <br />Medical Services at the rates established by City Council Resolution. Total compensation under <br />this Agreement shall not exceed $210,000.00, annually, during the term of this Agreement. <br /> <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br /> <br />3. TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on June 30, <br />2008, unless terminated earlier in accordance with Section 12, below. In an effort to provide <br />uninterrupted services, the parties agree that billing services provided from July 1,2005 shall be <br />