HomeMy WebLinkAboutReso 60-2019 (19-123)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 60-2019
File Number: 19-123 Enactment Number: RES 60-2019
RESOLUTION APPROVING THE SECOND AMENDMENT TO THE
CONSULTING SERVICES AGREEMENT WITH WITTMAN
ENTERPRISES, LLC TO EXTEND THE TERM FOR SEVEN YEARS
AND AMEND THE COMPENSATION RATE TO NOT TO EXCEED
FOUR PERCENT OF RECOVERED REVENUE.
WHEREAS, the South San Francisco Fire Department has a current agreement with Wittman
Entersprises, LLC (Wittman); and,
WHEREAS, the South San Francisco Fire Department recommends extending existing fee for service
contract with Wittman for an additional seven year term; and
WHEREAS, City Council previously authorized a two-year fee for services contract with Wittman on
May 25, 2017; and
WHEREAS, over the past two years, Wittman's billing performance has increased transport revenue;
and
WHEREAS, Wittman provided the City with three different renewal options, and the third option is
recommended as the best value for the City in that it is anticipated to save the City approximately
$15,000 per year, based on recent collection activity; and
WHEREAS, the cost of ambulance billing as proposed by Wittman is a percentage -based rate of four
percent of collected revenue per year and funding has been requested in the FY 19-20 and 20-21 budget
for ongoing ambulance billing services.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of South San Francisco does
hereby approve the Second Amendment to the Consulting Services Agreement with Wittman
Enterprises, LLC.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Second Amendment
to the Consulting Services Agreement with Wittman Enterprises, LLC.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take any other action
consistent with the intent of this resolution.
City of South San Francisco Page 1
File Number: 19-123
Enactment Number: RES 60-2019
At a meeting of the City Council on 5/22/2019, a motion was made by Mark Nagales, seconded by Buenaflor
Nicolas, that this Resolution be approved. The motion passed.
Yes: 4 Vice Mayor Garbarino, Councilmember Addiego, Councilmember Nagales, and
Councilmember Nicolas
Absent: 1 Mayor Matsumoto
4 Attest by a A'�V�
sa Govea Acosta
City of South San Francisco Page 2
SECOND AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND WITTMAN ENTERPRISES,
LLC
This Second Amendment to the Consulting Services Agreement (“Second Amendment”) dated May 15,
2019, is made and entered into by and between the City of South San Francisco, a municipal corporation
(“City”) and Wittman Enterprises, LLC (“Consultant”) who agree as follows:
RECITALS
WHEREAS, City and Consultant entered into that certain Consulting Services Agreement dated
June 15, 2017 (the “Agreement”) whereby Consultant agreed to provide City with ambulance billing
services.
WHEREAS, on July 25, 2018, the City and Consultant amended the Agreement, and a true and
correct copy of the Agreement and the First Amendment is attached hereto as Exhibit A.
WHEREAS, City and Consultant wish to further amend the Agreement to extend the term and
modify the compensation rate.
NOW, THEREFORE, in consideration of the promises and other good and valuable
consideration, the City and Consultant hereby agree as follows:
1. All terms which are defined in the Agreement shall have the same meaning when used in
this Second Amendment, unless specifically provided herein to the contrary.
2. Section 1.1 of the Agreement shall be amended such that term of the Agreement shall end
on June 30, 2026.
3. Section 2 of the Agreement shall be deleted and replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant at a rate of
4.00% of net revenue collected for the City by Consultant, for services performed under
this Agreement. In the event of a conflict between this Agreement and Consultant’s
proposal, attached as Exhibit C, regarding the amount of compensation, the Agreement
shall prevail. City shall only pay Consultant the 4.00% of net revenue collected in
exchange for services rendered pursuant to this Agreement at the time and in the manner
set forth herein. The payments specified below shall be the only payments from City to
Consultant for services rendered pursuant to this Agreement. Consultant shall submit all
invoices to City in the manner specified herein. Except as specifically authorized by
City, Consultant shall not bill City for duplicate services performed.
Consultant and City acknowledge and agree that compensation paid by City to Consultant
under this Agreement is based upon Consultant’s estimated costs of providing the
services required hereunder, including salaries and benefits of employees and
subcontractors of Consultant. Consequently, the parties further agree that compensation
hereunder is intended to include the costs of contributions to any pensions and/or
annuities to which Consultant and its employees, agents, and subcontractors may be
eligible. City therefore has no responsibility for such contributions beyond compensation
required under this Agreement.
Except as amended by this Second Amendment, all other terms and conditions of the Agreement
shall remain in full force and effect. If there is a conflict between the terms of this Second Amendment
and the Agreement and First Amendment, the terms of the Second Agreement will control unless
specifically modified by this Amendment.
IN WITNESS WHEREOF, the parties have caused this Second Amendment to be executed by
their duly authorized representatives,
CITY OF SOUTH SAN FRANCISCO WITTMAN ENTERPRISES, LLC
By:______________________________ By: _______________________________
Date:____________________________ Date:______________________________