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EMERGENCY MEDICAL SERGI( LS FIRST RESPONDER ADVANCED LIFE SUPPORT AGREEMEN1 (REV 2/17/11) <br /> operational necessity may be submitted to the EMS Director. The request shall be reviewed <br /> by a panel of three, including the EMS Director and two fire chiefs selected by the Alameda <br /> County Fire Chiefs Association who are not involved with the issue <br /> 14.3 Failure to Provide Timely Reports - Contractor shall promptly deliver each required <br /> report to the County. Contractor's subsidy shall be reduced by a penalty of$50 per day for <br /> each day a report is late. <br /> 14.4 Failure to Meet Minimum In-Service Equipment/Supply Requirements - Contractor's <br /> subsidy maybe reduced by a penalty of up to $1000 per failed inspection for any FRALS that <br /> fails to comply with EMS Policies with respect to equipment and supplies. <br /> 14.5 Failure to Provide Arrival at Incident Time <br /> a. Contractor's subsidy shall be reduced by a penalty of$50 penalty each and every time a <br /> FRALS is dispatched and Contractor fails to document the Arrival at Incident time. <br /> b. When the Arrival at Incident time for a call is not obtained, the response to that call shall <br /> be deemed to have exceeded Response Time. <br /> 14.6 Penalty Disputes <br /> a. If Contractor has failed to document an Arrival at Incident Time, an exemption from the <br /> penalty may be granted if Contractor demonstrates, to the satisfaction of the EMS <br /> Director, an accurate Arrival at Incident time. <br /> b. Contractor may appeal a penalty to the EMS Director in writing within fourteen (14) <br /> calendar days of receipt of notification of the imposition of a penalty. <br /> c. The EMS Director shall review all appeals and make the decision to eliminate, modify, or <br /> maintain the penalty. The EMS Director's decision shall be final. <br /> 14.7 Payment of Penalties <br /> a. County shall withhold penalties from the Contractor's quarterly FRALS Support funds <br /> for any penalty under this Agreement based on the Contractor's monthly performance <br /> reports. The parties shall make a good faith effort to resolve any disputes within a 30- <br /> day period. If the parties are unable to mutually resolve the dispute within that 30-day <br /> period, the funds shall be withheld in full and subsequent funds distribution shall be <br /> adjusted to reflect the resolution of the dispute. <br /> b. Failure by the County to assess or impose any penalties at any point, for any reason, does <br /> not impact County's right to do so in the future for the same or other incidents; however, <br /> Page 13 of 26 <br />