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Contractor shall pay liquidated damages to the City for failure to meet patient care <br /> 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 <br /> to the performance standards shall first be classified as an alleged performance failure. <br /> Each alleged performance failure shall be investigated by the Contractor and evaluated <br /> by the City. The City shall determine whether there were appropriate or acceptable <br /> extenuating circumstances that caused or significantly contributed to the performance <br /> failure. The Contractor shall pay liquidated damages to the City for all performance <br /> failures that are determined to be the fault of the Contractor and not the result of an <br /> extenuating circumstance. All payments for liquidated damages shall be payable to <br /> "City of Everett". <br /> 11.4.1 For each Normal Operations "Non-Code" request that exceeds 14:59 <br /> minutes, the Contractor shall be assessed liquidated damages at a rate of <br /> fifty dollars ($50) per minute or fraction thereof for each minute late up to <br /> five minutes. For any response greater than 5 minutes late, the Contractor <br /> shall be deemed to have failed to respond to the request and a total of five <br /> hundred dollars ($500) in liquidated damages will be assessed for a failed <br /> response. <br /> 11.4.2 For each Normal Operations "Code" request that exceeds 9:59 <br /> minutes, the Contractor shall be assessed liquidated damages at a rate of <br /> fifty dollars ($50) per minute or fraction thereof for each minute late up to <br /> five minutes. For any response greater than 5 minutes late, the Contractor <br /> shall be deemed to have failed to respond to the request and a total of five <br /> hundred dollars ($500) in liquidated damages will be assessed for a failed <br /> response. <br /> 11.4.3 For each Modified Operations "Non-Code" request that exceeds <br /> 19:59 minutes the Contractor shall be assessed liquidated damages at a <br /> rate of fifty dollars ($50) per minute or fraction thereof for each minute up <br /> to five minutes. For any response greater than 5 minutes late, the <br /> Contractor shall be deemed to have failed to respond to the request and a <br /> total of five hundred dollars ($500) in liquidated damages will be assessed <br /> for a failed response. <br /> 11.4.4 For each Modified Operation "Code" request that exceeds 14:59 <br /> minutes, the Contractor shall be assessed liquidated damages at a rate of <br /> fifty dollars ($50) per minute or fraction thereof for each minute up to five <br /> minutes. For any response greater than 5 minutes late, the Contractor <br /> shall be deemed to have failed to respond to the request and a total of five <br /> hundred dollars ($500) in liquidated damages will be assessed for a failed <br /> response. <br /> 11.4.5 Liquidated Damages for Dropping Below 125% of Peak Coverage: <br /> For any day that the Contractor fails to have adequate vehicle inventory to <br /> 16 of 34 <br />