CARE AMBULANCE SERVICES, INC. (2)

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