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EMERGENCY MEDICAL SERVILE') -I-SI RISPONDER ADVANCED LICE SUPPORT AGREEMENT (REV 217%11) SECTION 14 - PENALTY PROVISIONS 14.1 Response Time Penalty - Penalties shall be withheld by County from FRALS support funds. a. Contractor shall be penalized any time Response Time compliance drops below 90% for any calendar month. Response Times for departments with low call volume (less than 100 calls per month) shall be evaluated when the Contractor has responded to 100 calls. Once the 100 call level is exceeded, the number of calls to achieve the 100 call threshold will start over in the next month. b. Calculating FRALS response time penalties: • Compliance will be calculated based on combining the Echo, Delta, and Charlie levels of responses and all subareas (Metro/urban, Suburban/Rural, Wilderness). If compliance falls below ninety percent (90%) the subsidy will be reduced by 10% for the next month. • Compliance for Contractors with low response volume (less than 100 calls per month) will be determined by accumulating the monthly call volume until a total of 100 calls is exceeded. Failure of the Contractor to meet the 90% compliance level will result in a 10% reduction of the subsidy for a period equal to the number of months required to exceed the 100 call minimum. For example, if it takes a Contractor three months to respond to more than 100 calls, the penalty deduction will be applied to the next three subsidy payments. Once the 100 call level is exceeded, the number of calls to achieve the 100 call threshold will start over for the next calendar month. c. If FRALS calls are not categorized at the Contractor's dispatch center, compliance will be measured as if all calls are within the ECHO Category. d. If Response Time compliance drops below 90%, a performance improvement plan must be submitted to the EMS Director with the monthly compliance report. The performance improvement plan must identify each problem that led to the delayed response and the steps being taken to correct each such problem. 14.2 Failure to Respond - Contractor's subsidy shall be reduced by a penalty of$2,500 for each failure by the Contractor, with the exception of operational necessity, to provide FRALS, to a location within the Primary Service Area where a response has been requested by the Dispatch Center. The imposition of a penalty does not release Contractor of any other liability from its failure to respond. A request for an exemption of this penalty due to Page 12 of 26