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Attachment 2 intention to do so. The written notice will include a brief description of the incident(s)/non- performance. CITY may review (and make copies at its own expense) all information in the possession of the CONTRACTOR relating to the incident(s)/non-conformance. CITY may, within ten(10)calendar days after issuing the notice,request a meeting with the CONTRACTOR. CITY may present evidence of non-performance in writing and through testimony of its employees and others relevant to the incident(s)/non-performance. CITY will provide CONTRACTOR with a written explanation of its determination on each incident(s)/non- performance prior to authorizing the assessment of liquidated damages. The decisions of the CITY are at the discretion of the CITY's contract manager for this AGREEMENT and shall be final. The amount of liquidated damages is described in the following Performance Standards table. CONTRACTOR shall pay any liquidated damages assessed by the CITY within ten (10) calendar days after they are assessed. PERFORMANCE STANDARDS AND LIQUIDATED DAMAGES CATEGORY STANDARD LIQUIDATED DAMAGES 1. Performance for A. Achieve 95% "On-time" Liquidated damages for 1A: individual trips performance over the course of a month(passenger is picked up - $500 penalty assessed to between the scheduled pick-up CONTRACTOR each month on- time and 20 minutes after the time performance is below 90%. scheduled pick-up time). • B. No more than 0.5% of the trips Liquidated Damages for 1B: will fall into the very late trip category (passenger is picked - $100 penalty assessed to the up 41-60 minutes after the CONTRACTOR per incident, scheduled pick-up time). each month when"very late C. "60+Minute Late Trips"will be trips" account for more than investigated to determine cause. 0.5% of trips. CONTRACTOR will notify CITY within 24 hours of a"60+ Liquidated Damages for 1C: Minute Late Trip" incident that occurred as a result of traffic, - $100 penalty assessed to rider error, or any event that CONTRACTOR for each occurs outside the control of the incident where a passenger was CONTRACTOR(passenger is picked up 60 minutes or more picked up more than 60 minutes after the scheduled pick-up time. after the scheduled pick-up CITY will not assess penalty on time). "60+ Late Trips"that are outside D. Annual one way rides of the control of the expectations are 4,000 for year CONTRACTOR. one, 8,000 for year two and 12,000 for year three 31 Page