WITTMAN ENTERPRISES, LLC HIPAA BUSINESS ASSOCIATE AGREEMENT -2009

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V . ' g INSURANCE ON Fit' A- 2009 -059 WORK MAY PROCE, ' FXPIQFI UNTIE. '�,'SURANCF CLERK OF CO`USNCU_ CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 1St day of June, 2009 by and between Wittman Enterprises, LLC, a California Limited Liability Company (hereinafter "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 (hereinafter "City "). .S RECITALS rl A. The City desires to retain a consultant having special skill in providing ambulance and N , paramedic billing and collection services for the City's Emergency Medical Services M d Program. ej �- B. Consultant represents that Consultant is able and willing to provide such services to the City. 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 reasonably 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 Consultant shall provide EMS billing and collection services as set forth in Exhibit A, attached to this Agreement and incorporated by reference. 2. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services a fee equal to 6.3% of net collections obtained by Consultant. If at any time during the term of this Agreement, City implements ePCR, Consultant payment will be reduced to 6.0% of net collections obtained. Consultant shall bill for Emergency Medical Services at the rates established by City Council Resolution. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing collections received by City, subject to City accounting procedures. 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.