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HomeMy WebLinkAboutWITTMAN ENTERPRISES, LLC.-2017F-75TURP-T' FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT, made and entered into this 161x' day of May, 2017 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"). RECITALS: A. The parties entered into an ambulance and paramedic billing and collection services agreement for the City's Emergency Medical Services (EMS) and Emergency Medical Transport Services (EMTS) Programs (Agreement #A-2014-145) dated June 17, ,2014 (hereinafter "said Agreement") by which Consultant has provided ambulance and paramedic billing and collection services to the City. B. The Tenn of said Agreement was three (3) years effective as of July 1, 2014 and ending June 30, 2017. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Term to provide for an additional two (2) year period beginning July 1, 2017 and ending June 30, 2019. D. The parties also wish to amend Compensation for the extended Term. E. The parties also wish to amend the Scope of Services with respect to City's option to elect that Consultant provide paramedic membership subscription services to City to include: outreach, solicitation, collection, and administration services as set forth in Exhibit B to this Amendment and incorporated herein by reference. 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: I. Section 1 of said Agreement, "SCOPE OF SERVICES" shall be amended to include the services set forth in Exhibit A to said Agreement as well as the updated optional services set forth in Exhibit B, attached to this Amendment and incorporated herein. 2. Section 2 of said Agreement, "TERM" shall be amended as follows: This First Amendment to Agreement shall commence on July, l 2017 and terminate on June 30, 2019, unless extended by subsequent amendment of this Agreement or terminated earlier in accordance with Section 12 of said Agreement. Section 3 of said Agreement, "COMPENSATION" shall be amended as follows: 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. First Amended Agreement Year I - equal to 6.15 % of net collections obtained by Consultant. ii. First Amended Agreement Year 2 - equal to 6.3 % of net collections obtained by Consultant. 4. This First Amendment to said Agreement must be signed below and may be signed in counterpart and delivered by fax, emailed as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:f��rL ,lam'(-�Y�-tai LISA STORCK Assistant City Attorney RECOMMENDED FOR APPROVAL Francisco Gutierrez, Executive Director Finance & Management Services Agency CITY OF SANTA ANA: 141 CYN HIA J. { Interim City Manager WITTMAN ENTERPRISES, LLC CORRINE WITTMAN-WONG Chief -Executive Officer Tax ID # 68-0456021 EXHIBIT B SCOPE OF SERVICES OPTIONAL CITY PARAMEDIC SUBSCRIPTION MEMBERSHIP PROGRAM Adoption, promotion, and administration of City's Annual Paramedic Subscription Membership Program: 1. As a condition to participation in Optional City Paramedic Subscription Membership Program and to ensure that City is compliant with Medicare guidelines on subscription membership fees, City shall impose a minimum paramedic services subscription fee of not less than $65. 2. City shall inform Consultant in writing of City's decision to participate in Optional City Subscription Membership Program. 3. Upon receipt of City's written decision to participate in Optional City Paramedic Subscription Membership 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 membership program. Consultant shall assist City in generating and formatting a renewal paramedic services subscription membership program mailer and will format that mailer for mass mailing. Basic mailer and renewal mailer shall include a multi -color, double -sided City Paramedic Subscription Membership 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 the City prior to incurring additional costs. 4. Consultant shall generate the City's initial mass mailing list from paramedic billing accounts listed in Consultant's database for fiscal years 2012-13 through 2016-17. Mailing list shall be comprised of all residential paramedic billing accounts in Consultant's billing system. Consultant warrants that initial mass mailing list shall total 20,000 accounts, plus or minus 10%. Consultant shall annually send a renewal mailer to all registered City Paramedic Subscription Membership Program members based on all registered City of Santa Ana subscribers in Consultant's database. 5. Consultant shall thereafter, on an on-going basis, generate and send an initial paramedic services subscription membership program mailer to all non -subscription paramedic service recipients upon payment or write-off of service recipient's paramedic services billing. 6. Consultant will receive and process each subscription application by adding the member to Consultant's system (profit center) and posting the payment. This database will be used to identify any subscription member that may be transported upon the input to 3 Consultant's billing system. The City will receive separate monthly reports for the subscription program. 7. Cost — The cost for Consultant's subscription membership program service is as follows: a. Initial and subsequent renewal mailings - $1.10 per account, plus a first class United States mail prepaid return envelope charge equal to the United States Postal Service's published postal rate for a standard one ounce first class letter, effective as at the time of mailing (to be applied as an offset to Consultant's Paramedic Subscription Program billing collection remittances to CITY). b. Administration of the City's subscription program: i. (Year 1) - 12% of subscription membership fees collected. ii. (Year 2) - 11 % of subscription membership fees collected. 8. Change Order Contingency — from time -to -time, at CITY's option, CITY may request optional services of CONSULTANT at mutually agreed upon scope and fees (to be applied as an offset to Consultant's Paramedic Subscription Program billing collection remittances to CITY). Participation in theoptionalCity Paramedic Subscription Membership Program proposal shall be elective on the part of the City, exercisable by the City Manager or his designee, and can be exercised for the first amended agreement year upon 120 days written notice given prior to January 1, 2018, and thereafter upon 120 days written notice given prior to July 1' for any subsequent amended agreement year. 4 WITTENT-01 MDURAN A4cG?RI3" CERTIFICATE OF LIABILITY INSURANCE 007/03ATE 120117 Y) 07/03/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement On this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Western Elite Insurance Solutions 140 Diamond Creek Place Roseville, CA 95747 OONTACT AMP PHONE FAX (A/C, No EXI : (916) 259.6900 (A/C Nol:(866) 206-6646 E-MAa ADR s _ INSURERISI AFFORDING COVERAGE NAtCp NSURERA:Nationa) Fire & Marine Insurance Company 0710112017 07/0112018 INSURED INSURERS: Continental Insurance Company DAMAGE TG RENTED 300,000 PREMISES (EA mcwffcnral $ INSURER C: Continental CasualbLCompany MED EXP (Anv oneperson 16'060 Wittman Enterprises LLC INSURER o: State Compensation Insurance Fund PERSONAL &ADV INJURY $ 2,000,000 11093 Sun Center Drive Rancho Cordova, CA 95670 INSURER E: INSURER F: GENERALAGGREGATE $ 4,000,000 COVERAGES CFRTIFICATF MIIMRFP- 0Far141n1U MI MARCO: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR JJJL TypE pF INSURANCE ADDLSUBp POLICY NUMBER POLICY EFF POD LIC EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS-MACEFX OCCUR 66020067350 0710112017 07/0112018 FACHOCCURRENCE $ 2,000,000 DAMAGE TG RENTED 300,000 PREMISES (EA mcwffcnral $ MED EXP (Anv oneperson 16'060 PERSONAL &ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY ❑ j T F-1 LOC GENERALAGGREGATE $ 4,000,000 PRODUCTS -COMPIOP AGG $ 4,000,000 EPLI FIDUCIARY $ 10,000 OTHER: B AUTOMOBILE LIABILITY COMB`NdEEDtSINGLELIMIT $ 1,000,000 SOD7$ L X ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOSWryEp 196020067395 07/01/2017 07101/2018 BODILY INJURY per accidem $ VERB TO ONLY AUONLY PeOacaEentDAMAGE C X UMBRELLA LIAR X OCCUR EACH OCCURRENCE S 2'000'000 AGGREGATE $ EXCESS UAB CLAIMS -MADE 86020067431 07101/2017 0710112018 DED I X I RETENTIONS 10,000 Agg $ 2,000,000 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNEWEXECUTIVE �FFICERIMEMBER EXCLUDED? � {Mandatoey ar NH) If yas, descdbe untler DESCRIPTION OFOPERATIONS below NIA 9161868.2017 07/01/2017 07/01/2018 PER OTH- T EL EACH ACCIDENT $ 1,000,000 _ H.L DISEASE - EA EMPLOYE 1,000,000 E. L. DISEASE -POLICY LIMB 1,000,660 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remadcs Schedule, may be attached if more space is required) vl�/ 6 Z,01-7�j� pi�t-Ap RIO eo-z The City of Santa Ana 1439 S. Braodway Santa Ana, CA 92707 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE n1 Umu zo t;EuTofus) O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WITTENT-01 VFIGUERS . ka O CERTIFICATE OF LIABILITY INSURANCE �� DATE 06/28/2018 l 0612812018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Western Elite Insurance Solutions 140 Diamond Creek Place Roseville, CA 95747 CONTA E:CT PHONE FAX ANC,, Est): (916) 259-6900 ANc, H.,.(866) 206-8646 �No, ADDRE S S : INSURERS AFFORDING COVERAGE NAIC N INSURER A: National Fire Insurance Company of Hartford B6020067350 INSURED INSURERS: Continental Insurance Company INSURER C: Continental Casualty Company Wittman Enterprises LLC INSURER D:State Compensation Insurance Fund 11093 Sun Center Drive Rancho Cordova, CA 95670 INSURER E:AXIS Surplus Insurance Company INSURER F: Federal Insurance Company COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF ADOLSUBR INSD MID POLICY NUMBER POLICY EFF MMIDD/YYYY POLICYEXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX OCCUR B6020067350 0710112018 07/01/2019 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED 300,000 PREMISES Ea occurrence $ MED EXP (Any oneperson) $ 10,000 PERSONAL &ADV INJURY $ 2,000,000 GEN -L AGGREGATE LIMIT APPLIES PER: X POLICY [::] jE& [:] LOC GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 EPLI FIDUCIARY $ 10,000 OTHER. B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 fEa see dent)X BODILY INJURY Per erson $ ANY AUTO 86020067395 07101/2018 07101/2019 BODILY INJURY Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOESSUL PPQOa�. eyI AMADE $ AUTOS ONLY AUOTOS ONLY S C X UMBRELLA LIARX OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 EXCESS LIAB CLAIMS -MADE B6020067431 07/01/2018 0710112019 DED X I RETENTION$ 10,000 $ D WORKERS COMPENSATION AND EMPLOYERS'LIABIUTY YIN OFFICERIM�MB�R EXCLUDED? ECUTIVE ❑ (Mantlatory in NH) NIA 9161868-2017 07/0112018 07101/2019 STATUTE ERH E.L. EACH ACCIDENT $ 1,000,000 E. L. DISEASE EA EMPLOYE S 1,000,000 If yes, descdbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 E Cyber Liability EKN798168012017 1110712017 11107/2018 Aggregate/Limit 1,000,000 F E&O/Crime/Fiduciary 8247-8286 07/01/2018 07101/2019 Each Claim/Agg1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORO 101, Adtlitlanal Remarks Schedule, may be attached if more space is required) 7 —e!9,4—Z-01Z 70/Z ®OVED The City of Santa Ana 1439 S. Broadway Santa Ana, CA 92707 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD