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Item 4S MemoCITY OF SOUTHLAKE MEMORANDUM February 5, 2013 To: Shana K. Yelverton, City Manager From: Michael Starr, Fire Chief Subject: Item 4S: Approve an agreement with Emergicon, LLC for Emergency Medical Services billing services Action Requested: Approve an agreement with Emergicon, LLC for Emergency Medical Services billing services. Background Information: The purpose of this item is to approve an agreement with Emergicon, LLC for Emergency Medical Services (EMS) billing services. Emergicon will help to enhance the City's provision of EMS services through their local scope and other service enhancements. Emergicon is based in Dallas and provides ambulance billing services only to Texas cities. Emergicon's narrow scope allows the company to not only be compliant with Federal HIPPA laws, but HIPPA laws specific to Texas. Emergicon is NEMSIS gold compliant, meaning that they meet or exceed requirements for the submission of electronic personal medical information. As part of the agreement, Emergicon will provide Panasonic Toughbooks and software for the completion of electronic Patient Care Reports at no cost to the City. Other area cities using Emergicon include Grapevine, Coppell, Little Elm, Flower Mound, Lewisville, Highland Park, Lake Cities, Corinth, Krum, Allen, Bedford, Celina, Denton, Carrollton, Justin, Mansfield, Murphy, Sachse, Sanger, The Colony and others. All cities report satisfaction with Emergicon's services. Financial Consideration: The City's current contractor, Intermedix, takes 12% from all EMS billing collections. Emergicon will take 9.5% of all collections, which will increase EMS billing revenues for the City. There will be no changes in the current billing rate to our patients. Strategic Link: Performance Management and Service Delivery; B1, Achieve Best in Class Status in all City Disciplines; B4, 4S- i City Council Meeting Meeting Date — February 5, 2013 Page 2 of 2 Provide High Quality Customer Service; B5, Improve Performance of Delivery and Operational Processes; B6, Optimize Use of Technology. Citizen Input/ Board Review: N/A Legal Review: This agreement has been reviewed by the City Attorney. Alternatives: Council may approve, modify or deny this item. Supporting Documents: Service agreement between City of Southlake and Emergicon, LLC for Ambulance Billing Services Staff Recommendation: Staff recommends the approval of an agreement with Emergicon, LLC for Emergency Medical Services billing services. 4S - 2 AGREEMENT BETWEEN CITY OF SOUTHLAKE FIRE DEPARTMENT AND EMERGICON, LLC FOR AMBULANCE BILLING SERVICES This Service Agreement (this "Agreement") is entered into by and between Emergicon, LLC, a Texas corporation ("Emergicon"), and the City of Southlake, Texas (the "Provider") with an Effective Date of , 2013. RECITALS WHEREAS, Emergicon provides billing and collections services, and other support services (the "Services") to local government agencies, municipalities, fire departments, ambulance providers, and medical emergency services; WHEREAS, Provider, as part of its overall activities, provides emergency and ambulance services, including emergency medical responses, and other patient encounters and/or patient ambulance transportation (the "Ambulatory Services"); and WHEREAS, Provider is desirous of obtaining the Services of Emergicon and seek to enter into an agreement, pursuant to which Emergicon will render Services as provided herein. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: ARTICLE ONE TERM AND TERMINATION 1.01 Engagement, Term and Scope of Services. (a) Engagement. During the Term of this Agreement, except for accounts referred to a third party collection agency, Emergicon shall be responsible for the billing and collection of all charges and fees resulting from the delivery of Ambulatory Services by Provider, including but not limited to all charges and fees to private insurers, Medicare, Medicaid, other governmental programs, individual patients and their responsible parties. (b) Term. Subject to the terms and conditions set forth herein and except as provided in Section 1.02, the initial term of this Agreement shall be for a period of three (3) years from the date of this Agreement (such initial term, together with all extensions thereof, shall be referred to herein as the "Term"). This Agreement may be renewed at the end of the current Term for two additional one (1) year periods. EMERGICON SERVICE AGREEMENT Page 1 \\slksv1017\ktaylor$\Desktop\Service Agreement (Emergicon) - FN (1).docx (c) Scope of Services. Emergicon shall perform and carry out the Services described herein. Provider reserves the right to request changes in the Services provided by Emergicon within its capabilities, which changes shall be implemented upon mutual written agreement of the parties and any change in compensation. 1.02 Termination. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by either party, without cause and without liability (except for continuing obligations during such period), upon thirty (30) days advance written notice to the other party. 1.03 Obligations During Notice Period. During the 30-day notice period specified in Section 1.02, Emergicon shall be entitled to receive compensation for all Accounts (as defined in Section 2.01) billed and collected with respect to the Services and for all other activities performed pursuant to this Agreement, and shall be entitled, after the end of the termination period to receive compensation for all amounts billed during the termination period but not collected until after the end of the termination period. Emergicon shall continue to provide services as prescribed in the Agreement during the 30 day notice period and fully comply with all terms of the Agreement. 1.04 Obligations on Termination. Upon termination of the Agreement, for whatever cause, Emergicon will immediately return all original medical records to Provider and shall provide to Provider a digital copy all records related to Provider. Emergicon shall retain copies of all patient care reports, invoices/claim records, remittance advice documents and all other PHI of Provider's patients (as the term "PHI" is defined in Section 6.01 of this Agreement) for a period of 10 years, as described in Section 5.01 of this Agreement and in compliance with Section 6.01 of this Agreement. 1.05 Mailing of Notices. Any notice required or permitted pursuant to this Agreement shall be in writing and shall be deemed sufficient when delivered personally or sent by U.S. mail, as certified or registered mail, with postage prepaid, addressed as follows: If to the Provider: The City of Southlake 600 State Street Southlake, TX 76092 Attention: Chief Mike Starr Fax: EMERGICON SERVICE AGREEMENT Page 2 \\slksv1017\ktaylor$\Desktop\Service Agreement (Emergicon) - FN (1).docx If to Emergicon: Emergicon, LLC PO Box 180446 Dallas, Texas 75218 Attention: Christopher Turner Fax: Each party shall be entitled to specify a different address by giving five (5) days' written notice to the other party. All such notices and communications shall be deemed to be received the same day if by fax (provided the sender has a fax machine/fax database generated proof of receipt) and in three (3) business days if by mail. ARTICLE TWO BILLING & COLLECTIONS 2.01 Billing. During the Term, Emergicon shall be responsible for the billing of charges and fees relating to the Services as directed by and provided by Provider, including, but not limited to, private insurance, Medicare, Medicaid, and other governmental programs relating to: (a) patient encounters that occur during the Term; and (b) other patient encounters forwarded to Emergicon for billing. (Note: each set of such charges and fees for the Services related to an individual patient encounter may be referred to herein as an "Account" or, collectively, the "Accounts"). 2.02 Compensation. See Addendum A. 2.03 Collection Efforts. If Provider instructs Emergicon to collect on an Account(s) initially billed by another Contractor, Emergicon shall be compensated and paid for the collection efforts on said Account in accordance with the following schedule: twenty two percent (22%) of the total amount collected on the Account. If Provider instructs Emergicon to place Accounts with a third party collection service, Emergicon shall be compensated and paid for the collection efforts on said Account in accordance with the following schedule: three percent (3%) of the total amount collected on the Account. EMERGICON SERVICE AGREEMENT Page 3 \\slksv1017\ktaylor$\Desktop\Service Agreement (Emergicon) - FN (1).docx All fees shall be payable monthly within thirty (30) days of receipt of invoice. 2.04 Records of Patient Encounters. (a) Emergicon shall use its reasonable best efforts to bill all Accounts within three (3) business days of such patient encounter. Such records shall be deemed to be the property of Provider, but Emergicon shall have the right to duplicate and retain paper or electronic copies of the records as further described in Section 1.04 and 5.01 of this Agreement. If the records exist only in electronic form, each electronic copy shall be deemed to be an original for the purposes of this Agreement. Provider shall have no obligation to forward original medical records during the 30-day notice period regarding termination as set forth in Paragraph 1.02. (b) Provider acknowledges that Emergicon has no responsibility for complying with all provisions of Title 42 C.F.R. Section 410.40 which states, in part, that an ambulance service bears the responsibility for obtaining Physician Certification Statements ("PCS's"). Provider further understands and concurs that Emergicon is neither an ambulance service nor an ambulance provider within the definitions as set forth by the Centers for Medicare and Medicaid Services. 2.05 Requests for Copies. Requests for copies of medical records should be submitted directly to Provider. Provider may authorize Emergicon to release of the records such that the release is in accordance with the standards and time requirements established by State and Federal law, including but not limited to the requirements of Section 773.091 Texas Health and Safety Code, Chapter 181 of the Texas Health and Safety Code (the "Texas Medical Records Privacy Act"), the Health Insurance Portability and Accountability Act (HIPAA), and the Health Information Technology and Clinical Health Act (HITECH Act). Upon Provider's authorization, Emergicon shall, within ten (10) business days, release copies of medical records to an individual that received medical services from Provider in electronic form unless the individual agrees to accept the record in another form. 2.06 Activity Reports. Emergicon shall provide to Provider summary and detail monthly reports of all billing activities that occurred during the preceding month as requested by the Provider by the fifth (51h) business day of the month. 2.07 Information Received by Provider. To the extent that Provider receives payments or original copies of documentation directly, Provider shall forward to Emergicon copies of checks, Explanations of Benefits and/or other documentation within five (5) business days of the date of receipt of payment by Provider. EMERGICON SERVICE AGREEMENT Page 4 \\slksv1017\ktaylor$\Desktop\Service Agreement (Emergicon) - FN (1).docx 2.08 Support Services. Emergicon will provide patients and personnel of Provider with telephone support services during normal business hours (Monday - Friday from 9:00 a.m. to 5:00 p.m.) except on public holidays or other holidays as established by Emergicon. 2.09 Obligation for Pam. Payment in accordance with this Article Two shall be due and owed to Emergicon by Provider for all Accounts collected during the Term and collected after the Term but billed during the Term by Emergicon regardless of whether payment was made to Emergicon or to Provider. ARTICLE THREE INDEMNIFICATION AND FIDELITY BOND 3.01 Emergicon's Indemnification. Emergicon shall indemnify and hold harmless Provider from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from Emergicon's performance of activities pursuant to this Agreement, but only to the extent caused by the willful misconduct or the negligent acts or omissions of Emergicon or any other breach of contract. The indemnification provided for herein shall not be applicable to any claim of adjustment or request for reimbursement made by an insurance company or any servicing agency for Medicare or Medicaid that may be made as the result of an audit of claims made or governmental regulations or laws, including Emergicon's fees charged, except for any adjustments or claims for reimbursement made as a direct result of Emergicon's error. Emergicon shall at all times observe and comply with all Federal, State and local laws, and ordinances and regulations including all amendments and revisions thereto, which in any manner affect Emergicon's work, and shall SHALL INDEMNIFY AND HOLD HARMLESS THE CLIENT AGAINST ANY AND ALL CLAIMS RELATED TO OR ARISING FROM THE VIOLATION OF ANY SUCH LAWS, OFFICERS, AGENTS, SUBCONTRACTORS, OR REPRESENTATIVES. THE INDEMNIFICATION HEREIN SURVIVES THE TERMINATION OF THE AGREEMENT AND/OR DISSOLUTION OF THIS AGREEMENT. 3.02 Fidelity Bond. Emergicon shall keep and maintain during the term of this Agreement a fidelity bond with a qualified insurer of no less than $10,000.00. 3.03 Insurance. Emergicon shall keep and maintain during the term of this Agreement Errors & Omissions Liability insurance with a qualified insurer of no less than $1,000,000.00. ARTICLE FOUR CONFIDENTIALITY EMERGICON SERVICE AGREEMENT Page 5 \\slksv1017\ktaylor$\Desktop\Service Agreement (Emergicon) - FN (1).docx 4.01 Property of Emergicon. Provider agrees that Emergicon's equipment, computer hardware and software, billing and collection processing, and other related systems and equipment are the property and trade secrets of Emergicon, and that Provider will not release any information regarding such trade secrets to any third party without the prior written consent of Emergicon, unless required by law. 4.02 Fact of Contractual Relationship May Be Disclosed. Notwithstanding the foregoing, either party may, without the prior written consent of the other party, disclose the existence of a contractual relationship between the parties. ARTICLE FIVE AUDITS 5.01 Accurate Books and Records. During the Term and for a period of ten (10) years thereafter, each party agrees to maintain accurate books and records associated with the billing and collections made the subject of this Agreement. 5.02 Right to Audit. Upon reasonable written notice of at least five (5) business days, either party may audit the books and records of the other party insofar and only insofar as such books and records relate or pertain directly to this Agreement. Such audit shall be conducted at the office of the party being audited, shall be during normal business hours, and shall be at the sole cost and expense of the party conducting the audit. Any audit results will be made available to the other party. 5.03 Penalty for Underpay. If an audit reveals that a party has failed to pay any amount or portion of any amount due or payable under this Agreement and such amount is in excess of Twenty Thousand Dollars ($20,000.00), the party being audited shall pay to the auditing party the full cost of the audit and the full amount due or payable plus interest at the rate of ten percent (10%) per annum from the date(s) of non-payment. ARTICLE SIX PROTECTED HEALTH INFORMATION 6.01 HIPAA Compliance. Emergicon shall carry out obligations to protect the privacy and security of protected health information ("PHI") under this Agreement and Addendum B "Business Associate Agreement" in compliance with the applicable provisions of Public Law 104-191 of August 21, 1996, known as the Health Insurance Portability and Accountability Act of 1996, Subtitle F — Administrative Simplification, Sections 261, et seq., as amended ("HIPAA"), and with Public Law 111-5 of February 17, 2009, known as the American Recovery and Reinvestment Act of 2009, Title XII, Subtitle D — Privacy, Sections 13400, et seq., the EMERGICON SERVICE AGREEMENT Page 6 \\slksv1017\ktaylor$\Desktop\Service Agreement (Emergicon) - FN (1).docx Health Information Technology and Clinical Health Act, as amended ("the HITECH Act"). In conformity therewith, Emergicon shall use or disclose PHI only if such use or disclosure is in compliance with each applicable requirement of the HIPAA privacy regulations found at 45 CFR § 164.504(e) and shall comply with the HIPAA security regulations made directly applicable to business associates under the HITECH Act. Emergicon will protect the privacy and security of any personally identifiable PHI that is collected, processed or learned as a result of the services provided to the Provider and Emergicon agrees that it will: (a) Not use or further disclose PHI except as permitted under this Agreement or required by law; (b) Use appropriate safeguards to prevent use or disclosure of PHI except as permitted by this Agreement. (c) Mitigate, to the extent practicable, any harmful effect that is known to Emergicon of a use or disclosure of PHI by Emergicon in violation of this Agreement; (d) Report to Provider any use or disclosure of PHI not provided for by this Agreement of which Emergicon becomes aware; (e) Ensure that agents or subcontractors to whom Emergicon provides PHI, or who have access to PHI created or received by Emergicon on behalf of the Provider, agree to the same restrictions and conditions that apply to Emergicon with respect to such PHI; (f) Make PHI available to Provider and to the individual who has a right of access as required under HIPAA within ten (10) business days of the request by Provider on behalf of the individual. To the extent PHI is maintained in an electronic health record, Emergicon shall provide the individual with a copy of such information in electronic format, as required by the Texas Medical Records Privacy Act; (g) Incorporate any amendments to PHI when notified to do so by Provider; (h) Provide an accounting of all uses or disclosures of PHI made by Emergicon as required under the HIPAA privacy rule and the HITECH Act within twenty (20) calendar days; and (i) Make its internal practices, books and records relating to the use and disclosure of PHI received from, or created or received by Emergicon on behalf of the Provider available to the Secretary of the Department of Health and Human Services for purposes of determining Emergicon's and Provider's compliance with HIPAA and the HITECH Act. EMERGICON SERVICE AGREEMENT Page 7 \\slksv1017\ktaylor$\Desktop\Service Agreement (Emergicon) - FN (1).docx 0) At the termination of this Agreement, return or destroy all PHI received from, or created or received by Emergicon, and if return is infeasible, the protections of this Section will extend to such PHI; (k) Restrict the disclosure of PHI to a health plan for purposes of carrying out payment or healthcare operations if the Provider authorizes or requests Business Associate to do so; (1) Implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of e-PHI that it creates, receives, maintains or transmits on behalf of the Provider; (m) Implement reasonable and appropriate policies and procedures to comply with the standards, implementation specifications, or other requirements of the HIPAA Security Rule; (n) Report to Covered Entity any security incident (as defined by the HIPAA Security Rule) of which Emergicon becomes aware, and the steps it has taken to mitigate any potential security compromise that may have occurred, and provide a report to the Provider of any loss of data or other information system compromise as a result of the incident; (o) Notify the Provider of a breach of unsecured PHI following Emergicon's discovery of a breach without unreasonable delay and in no case later than 60 calendar days after discovery, and provide to the Provider: (a) the identification of each individual whose unsecured PHI has been, or is reasonably believed by Emergicon to have been, accessed, acquired, used, or disclosed during the breach; and (b) any other available information that Emergicon is required to include in notification to affected individuals; (p) Secure all PHI in accordance with the technologies and methodologies specified by guidance from the Secretary of HHS, issued pursuant to the HITECH Act; and (q) Assist the Provider in complying with its Red Flag Rule obligations by: (i) implementing policies and procedures to detect relevant Red Flags (as defined under 16 C.F.R. § 6812); (ii) taking all steps necessary to comply with the policies and procedures of the Provider's Identity Theft Prevention Program; (ii) ensuring that any agent or third party who performs services on its behalf in connection with covered accounts of the Provider agrees to implement reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft; and (iv) alerting the Provider of any red flag incident (as defined by the Red Flag Rules) of which it becomes aware, the steps it has taken to mitigate any potential harm that EMERGICON SERVICE AGREEMENT Page 8 \\slksv1017\ktaylor$\Desktop\Service Agreement (Emergicon) - FN (1).docx may have occurred, and provide a report to the Provider of any threat of identity theft as a result of the incident. 6.02 HIPAA Disclosures. The specific uses and disclosures of PHI that may be made by Emergicon on behalf of Provider include: (a) The preparation of invoices to patients, carriers, insurers and others responsible for payment or reimbursement of the services provided by Provider to its patients; (b) Preparation of reminder notices and documents pertaining to collections of overdue Accounts; (c) The submission of supporting documentation to carriers, insurers and other payers to substantiate the health care services provided by Provider to its patients or to appeal denials of payments for same; (d) The preparation and release of medical records to patients or their legal representatives as permitted by HIPPA privacy and security rules and the HITECH Act; (e) Uses required for the proper management of Emergicon as a business associate; and (f) Other uses or disclosures of PHI as permitted by HIPAA privacy and security rules. 6.03 HIPAA Breach Provisions. Notwithstanding any other provisions of this Agreement, if either party knows of a pattern of activity or practice of the other party that constitutes a material breach or violation of the other party's obligations under this Agreement, that party shall take reasonable steps to cure the breach or end the violation, as applicable, and, if such steps were unsuccessful, either terminate the Agreement (if feasible), or if termination is infeasible, report the problem to the Secretary of the Department of Health and Human Services. ARTICLE SEVEN MISCELLANEOUS 7.01 No Waiver. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any subsequent breach of the same or similar nature. EMERGICON SERVICE AGREEMENT Page 9 \\slksv1017\ktaylor$\Desktop\Service Agreement (Emergicon) - FN (1).docx 7.02 Provisions Construed Separately. The parties agree that each provision of this Agreement shall be construed as separable and divisible from every other provision and that the enforceability of any one provision shall not limit the enforceability, in whole or in part, of any other provision hereof. In the event that a court of competent jurisdiction determines that any term or provision herein shall be invalid or unenforceable, the remaining terms and provisions of this Agreement shall not be affected thereby, and shall be interpreted as if the invalid term or provision were not a part hereof. 7.03 Final Agreement. This Agreement sets forth the entire, final and complete understanding between the parties hereto relevant to the subject matter of this Agreement. No waiver or modification of any of the terms or conditions of this Agreement shall be effective unless in writing and signed on behalf of both parties. 7.04 Performance of Agreement, Venue; Choice of Law. The exclusive venue for any disputes or causes of action that may arise out of this Agreement is Tarrant County, Texas. The provisions of this Agreement shall be determined in accordance with the laws of the State of Texas. 7.05 Headings. The headings of this Agreement are for ease of reference only and are not intended to limit or restrict the terms hereof. 7.06 Binding Nature of Agreement. This Agreement is binding upon the heirs, legal representatives, successors and assigns of the parties hereto. 7.07 Compliance with Laws Generally. Emergicon shall comply with all applicable laws, orders, rules, or regulations of all governmental agencies bearing on its performance hereunder. If so requested by Provider, Emergicon shall submit appropriate evidence of such compliance. 7.08 Independent Contractor. It is understood and agreed that Emergicon is an independent contractor. Nothing herein contained shall be construed to create any partnership, joint venture, or joint enterprise between the parties. 7.09 Non -Profit Status Determination Letter. If Provider is a not -for -profit entity, Provider shall provide a duplicate of its letter determining its not -for -profit status with the Internal Revenue Service. In providing such letter, Provider further represents and warrants to Emergicon that it has done every act necessary to maintain its not -for -profit status with the Internal Revenue Service and is not aware of any pending, threatened or actual revocation of its not -for -profit status. EMERGICON SERVICE AGREEMENT Page 10 \\slksv1017\ktaylor$\Desktop\Service Agreement (Emergicon) - FN (1).docx 7.10 Appendices. Emergicon and Provider may enter into various appendices to this Agreement from time to time and at any time regarding additional services. Such appendices shall be considered part of this Agreement as if set forth herein at length unless such appendix provides otherwise. 7.11 Assignment. Neither party shall assign or otherwise transfer this Agreement, any interest in this Agreement, or any right or obligation hereunder to any other party without the written consent of the other party. 7.12 Attorneys' Fees. Should either party institute any action or procedure to enforce this Agreement or any provision hereof, or for damages by reason of any alleged breach of this Agreement or of any provision hereof, or for a declaration of rights hereunder (including, without limitation, arbitration), the prevailing party in any such action or proceeding shall be entitled to receive from the other party all costs and expenses, including necessary and reasonable attorneys' fees, incurred by the prevailing party in connection with such action or proceeding. IN WITNESS WHEREOF, Emergicon and the Provider have executed this Agreement on the day of 2013. EMERGICON, L.L.C. By: Name: Christopher Turner Title: President & CEO The City of Southlake By: Name: Shana K. Yelverton Title: City Manager EMERGICON SERVICE AGREEMENT Page 11 \\slksv1017\ktaylor$\Desktop\Service Agreement (Emergicon) - FN (1).docx ADDENDUM A This document is an addendum to the Service Agreement between Emergicon, L.L.C. and the City of Southlake. It is understood that the following software is being purchased from ESO Solutions by the City of Southlake through a Service Agreement with Emergicon, L.L.C. QUOTE LINE ITEMS ePCR Suite w/Quality Management 600 -1,250 Incidents ePCR Mobile Interface - Vonitor Services - Training Services - Training Travel Costs 1.001 $4,495.00 1 $449.501 $4,045.50 I Annual Recurring Cost 3.00 $695.00 $208.50 $1,876.5D One -Time Cost 1.00 $3,995.00 $399.50 $3,595.50 One -Time Cost 1.00 $995.00 $0.00 $995.00 One -Time Cost 1.00 $750.00 $0.00 $750.00 One -Time Cost Full Price $12,320.00 Sum of Discounts $0.00 Grand Total $12,320.00 Emergicon agrees to pay the above mentioned software fees to ESO Solutions as well as provide three (3) fully rugged mobile computers acceptable to the City of Southlake. The contract between ESO Solutions and the City of Southlake will automatically renew annually according to the ESO Solutions Software License Agreement. Emergicon will pay ESO Solutions on the contract renewal date for the full annual subscription fee. Cancellation fees Should the City of Southlake terminate Emergicon's Service Agreement or ESO's Subscription Agreement within twelve (12) months of the date of this Addendum, the City of Southlake will be responsible for full payment to Emergicon of a cancellation fee equal to the total cost ($12,320.00), plus the actual cost of hardware provided. Emergicon will invoice the City of Southlake upon written notice of cancellation and payment will be due 30 days from cancellation date. Compensation In consideration for providing the agreed upon billing services in the Service Agreement and ESO Pro Suite detailed above, the City of Southlake will amend Section 2.02 of the Service Agreement to pay Emergicon nine and one half percent (9.5%) of the total amount collected on the Account. EMERGICON, L.L.C. By: Name: Christopher Turner Title: President & CEO Date: City of Southlake By: Name: Mike Starr Title: Administrator Date: EMERGICON SERVICE AGREEMENT— ADDENDUM A Page 1