Platinum Nine Holdings LLC dba NW Ambulance 7/19/2016

to five minutes after which liquidated damages for a non-response will be assessed. 3.3 Modified Operations Modified Operation includes times of severe weather, other natural conditions or circumstance that impede routine delivery of service that are beyond the control of the Contractor and are typically effecting the entire City. The Fire Chief shall determine when Modified Operations commence and when Modified Operations return to Normal Operations. 3.3.1 "Code" Response Performance Standard — The Contractor shall respond to ninety percent (90%) of all "Code" requests which have not been exempted from such time performance standards within 14:59 minutes. Liquidated damages for late arrival on scene will be assessed per minute for up to five minutes at which time the request is considered non-responsive and liquidated damages for a non-response will be assessed. 3.3.2 "Non-Code" Response Performance Standard. The Contractor shall respond to ninety percent (90%) of all "Non-Code" requests which have not been exempted from such time performance standards within 19:59. Liquidated damages for late arrival on scene will be assessed per minute for up to five minutes at which time the request is considered non-responsive and liquidated damages for a non-response will be assessed. 3.4 Natural or Man-made Disasters During periods of time determined to be natural or man-made disasters as declared by the State of Washington all liquidated damages are waived until such time as Normal Operations can continue. 3.5 Performance Incentive For any calendar month, EFD will waive liquidated damages for late arrivals that are not considered non-responsive, if the Contractor meets or exceeds the response time standards for ninety five percent (95%) of requests which have not been exempted from such time performance standards Citywide. 3.6 Response Time Performance Monitoring Performance reports created by the Contractor are to be based on verifiable data from the SNOPAC CAD system. The Contractor shall provide to EFD by the 10th day of each calendar month a draft report detailing its response time performance citywide. Along with this report, the Contractor is to submit any requests for exemptions from the imposition of liquidated damages. The Contractor shall document each instance wherein a response was in excess of the response performance standard and for which a liquidated damage exemption is being sought and shall detail the reasons for such an exemption request based on the guidelines for exemptions in Section 11 (Finance). EFD will respond to requests for exemption within five business days of receipt of the 5 of 34