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EMERGENCY MEDICAL SERVIcEti FIrsl RLSPON ,ER ADVANCED I_UFE SUPPORT AGREEMEN1 (11/1/2011) by a panel of three, including the EMS Director and two fire chiefs selected by the Alameda County Fire Chiefs Association who are not involved with the issue 14.4 Failure to Provide Timely Reports - Contractor shall promptly deliver each required report to the County. Contractor's subsidy shall be reduced by a penalty of$50 per day for each day a report is late. 14.5 Failure to Meet Minimum In-Service Equipment/Supply Requirements - Contractor's subsidy may be reduced by a penalty of up to $1000 per failed inspection for any FRALS that fails to comply with EMS Policies with respect to equipment and supplies. Penalties shall be proportionate with the potential for impact on patient care. 14.6 Failure to Provide Arrival at Incident Time a. Contractor's subsidy shall be reduced by a penalty of$50 penalty each and every time a FRALS is dispatched arid Contractor fails to document the Arrival at Incident time. b. When the Arrival at Incident time for a call is not obtained, the response to that call shall be deemed to have exceeded Response Time. c. If Contractor has failed to document an Arrival at Incident Time, an exemption from the penalty maybe granted if Contractor demonstrates, to the satisfaction of the EMS Director, an accurate Arrival at Incident time. 14.7 Penalty Disputes a. Contractor may appeal any penalty to the EMS Director in writing within fourteen (14) calendar days of receipt of notification of the imposition of a penalty. b. The EMS Director shall review all appeals and make the decision to eliminate, modify, or maintain the penalty. The EMS Director's decision shall be final. 14.8 Payment of Penalties a. County shall withhold penalties from the Contractor's quarterly FRALS Support funds for any penalty under this Agreement based on the Contractor's monthly performance reports. The parties shall make a good faith effort to resolve any disputes within a 30- day period. If the parties are unable to mutually resolve the dispute within that 30-day period, the funds shall be withheld in full and subsequent funds distribution shall be adjusted to reflect the resolution of the dispute. b. Failure by the County to assess or impose any penalties at any point, for any reason, does not impact County's right to do so in the future for the same or other incidents; however, Page 13 of 26