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F. This Agreement is subject to annual review based on the criteria specified in <br />the Contract and as outlined herein. The CITY OF SANTA ANA's intent is to contract <br />with and hold accountable those parties working with and on behalf of the CITY OF <br />SANTA ANA of Santa Ana and OCFA in providing 9-1-1 Emergency Transportation <br />Service to the citizens and visitors of Santa Ana. <br />G. CONTRACTOR and the Mutual Aid Provider will provide type III emergency <br />transport (ambulance) vehicles (including all costs related to maintenance, fuel, <br />insurance, repair costs and communication equipment) for all 9-1-1 Emergency <br />Transportation Services provided under the First Tier Service and the Mutual Aid <br />Service. <br />3. Contract Price and Payment <br />A. CITY OF SANTA ANA shall pay CONTRACTOR on a monthly basis the "Not <br />to Exceed" monthly prorata of the annual fiscal year contract price set forth in <br />subsection 3 below (Contract Price Table) for furnishing the material and doing the <br />prescribed work as set forth in CONTRACTOR's Proposal. <br />1. CONTRACTOR's sole compensation for providing all 9-1-1 Emergency <br />Transportation Services, specifically including but not limited to the First Tier <br />Service and Mutual Aid Service will be the Contract Price. CONTRACTOR will <br />not be entitled to bill CITY OF SANTA ANA or any of its customers any additional <br />amount for any services provided under this Contract, unless it is first approved <br />in writing by CITY OF SANTA ANA. <br />2. The payment of the Contract Price includes the provision of the Mutual <br />Aid Service. CONTRACTOR will be solely responsible for compensating the <br />Mutual Aid Provider for any 9-1-1 Emergency Transportation Services it may <br />provide in the CITY OF SANTA ANA under this Contract, which compensation <br />will be at the rate set forth in the Mutual Aid Contract or as otherwise required by <br />law. CONTRACTOR and the Mutual Aid Provider will not have any recourse <br />against the CITY OF SANTA ANA to recover for any 9-1-1 Emergency <br />Transportation Services provided under either the First Tier Service or the Mutual <br />Aid Service, except as specifically authorized in the Contract. CONTRACTOR's <br />sole compensation will be the Contract Price it receives from CITY OF SANTA <br />ANA. In the event of a dispute between the Mutual Aid Provider and <br />CONTRACTOR, the Mutual Aid Provider's sole remedy will be against <br />CONTRACTOR. This fact will be clearly stated in the Mutual Aid Contract, and <br />CONTRACTOR must agree to indemnify and defend CITY OF SANTA ANA <br />against any claims or demands arising out of, or which are in any way related to, <br />any services provided under the Mutual Aid Service. The Mutual Aid Contract will <br />include similar provisions requiring the Mutual Aid Provider to indemnify CITY <br />OF SANTA ANA for any claims or demands made by CONTRACTOR or other <br />parties related to the 9-1-1 Emergency Transportation Services it may provide. <br />4 <br />250-12 <br />