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11.2.1.2 The City's incremental cost associated with monitoring Contractor's <br /> compliance with the Contract; and, <br /> 11.2.1.3 The City's incremental cost associated with medical control and quality <br /> assurance. <br /> 11.2.1.4 This payment amount shall be adjusted annually for inflation. <br /> 11.3 Compensation and Rates <br /> 11.3.1 Compensation: The Contractor's sole financial compensation for services <br /> rendered under the Contract shall be the rates billed and collected from patients and <br /> responsible third parties. The City, local tax support, or subsidy shall not fund any <br /> services provided by Contractor. <br /> 11.3.2 Rates: The Contractor's rates proposed on Fee Proposal form shall be inclusive of <br /> all Contractor's costs. Contractor shall not separately charge, separately invoice, or <br /> separately itemize on invoices disposable supplies, equipment usage, or recoupment of <br /> payments made including liquidated damages to the City pursuant to Sections 11.2 and <br /> 11.4. <br /> Except as required by law,the Contractor shall charge customers resulting from the scope <br /> of this Contract the rates not to exceed those proposed on Fee Proposal Form. Except as <br /> required by law or as approved by the City,the Contractor shall charge all customers for <br /> BLS transports resulting outside the scope of this Contract and occurring within the City <br /> limits rates no less than the rates proposed on Fee Proposal form. Upon request of the <br /> Contractor, EFD may authorize an increase based on CPI of the rates on the Fee Proposal <br /> form. <br /> 11.4 Liquidated Damages <br /> This Contract provides for the payment by the Contractor of liquidated damages in certain <br /> circumstances of nonperformance,breach and default. Each party agrees that the damaged party's <br /> actual damages in each such circumstance would be difficult or impossible to ascertain and that the <br /> liquidated damages provided for herein with respect to each such circumstance are intended to <br /> place the damaged party in the same economic position as it would have been in had the <br /> circumstance not occurred.Nothing in this Section shall be construed to limit any remedies, <br /> including termination,provided for herein with respect to any nonperformance,breach or default by <br /> the Contractor. The Contractor shall pay liquidated damages to the City for failure to meet <br /> patient care standards and response time standards described in Section 2 which details <br /> performance standards for the two operational levels. Every call that does not adhere to the <br /> performance standards shall first be classified as an alleged performance failure. Each alleged <br /> performance failure shall be investigated by the Contractor and evaluated by the City. The City <br /> shall determine whether there were appropriate or acceptable extenuating circumstances that <br /> caused or significantly contributed to the performance failure. The Contractor shall pay <br /> liquidated damages to the City for all performance failures that are determined to be the fault of <br /> 16 of 34 <br /> 16 <br />