25F - AGMT - EMERGENCY TRANSPORTATION SRVS

Home Browse Search

C. Extension. Upon the mutual written agreement of the parties, the contract may be extended for up to two (2) additional one (1) year terms (for a possible total of 5 years), by a writing executed by the City Manager and the City Attorney. Successful past performance during the initial contract period will be a critical factor in the decision to grant an extension. The CITY's decision to either grant or deny a contract extension(s) shall be final. The decision to grant an extension shall be made with the concurrence of OCFA. At the end of the Initial Term, or at the end of contract extension term(s) if granted, this Agreement shall automatically terminate (the Initial Term together with any contract extension(s), if any, shall hereinafter be collectively referred to as the "Term"). 6. Termination This Agreement may be terminated by the parties as hereinafter provided: A. This Agreement may be terminated by either party, with or without cause, upon ninety (90) days prior written notice to the other party. B. The CITY OF SANTA ANA may terminate this Agreement for Cause by providing CONTRACTOR seven (7) days prior written notice of termination for Cause and the factors constituting Cause. C. OCFA on behalf of the CITY OF SANTA ANA may terminate this Agreement immediately if the OCFA Fire Chief or designee (in their reasonable discretion) determine that continued operations by CONTRACTOR following the breach would constitute a danger to the public health, safety or general welfare. 7. Breach of Agreement A. Factors Constituting Breach and Cause. Factors constituting a breach of this Agreement and also warranting Cause for termination include but are not limited to each of the following: 1. A failure by CONTRACTOR to perform the covenants and requirements set forth in the Contract Documents in the time and manner specified, and as required by this Agreement. 2. Failure of CONTRACTOR to perform the 9-1-1 Emergency Transportation Services in a manner which enables the CITY OF SANTA ANA/OCFA or CONTRACTOR to remain in compliance with the requirements of the County of Orange Emergency Medical Services ("OCEMS") ambulance ordinance and related rules and regulations. 3. Supplying the CITY /OCFA with materially false or misleading information during the RFP process or during the course of producing any required reports to the CITY or OCFA. 4. Willful falsification or unreasonable withholding of data supplied to the CITY OF SANTA ANA or OCFA or to OCEMS during the Term of this Agreement, including but not limited to: dispatch data, patient report data, response time data, financial data, or omission of other data required under this Agreement. 5. Failure to meet the minimum vehicle deployment plan for ambulance service as described in the RFP. ETS91712 Page 5 25F-119