WITTMAN ENTERPRISES, LLC 7 -2014

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3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services a percentage fee of net collections obtained by Consultant per contract year as follows: i, Agreement Year 1 - equal to 6.0 % of net collections obtained by Consultant. ii. Agreement Year 2 - equal to 6.15 % of net collections obtained by Consultant. iii. Agreement Year 3 - equal to 6.3% of net collections obtained by Consultant. b. Consultant shall bill for Emergency_ Medical Services at the rates established by City Council Resolution, c. 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 perfonnance set forth in the Recitals which may reasonably be expected by City. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an 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; employers social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below; a. Due to the nature of services provided, Commercial General Liability insurance is not required. b. Worker's Compensation Insurance„ In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident.