Common use of Response Time Liquidated Damages Clause in Contracts

Response Time Liquidated Damages. A. It is the goal of MVEMSA to deliver the contractual response time standards to all incident’s ninety percent (90%) of the time. An allowance of ten percent (10%) for isolated instances of individual deviations of response times is built into the Response Time measures. B. Contractor is expected to maintain a minimum compliance of 90% per compliance period in each Response Time Area. C. Contractor understands and agrees that the failure to comply with any time, performance or other requirements in this Agreement will result in damage to MVEMSA and the County and that it will be impracticable to determine the actual amount of damage whether in the event of delay, nonperformance, failure to meet standards, or any other deviation. Therefore, the Contractor and MVEMSA agree to the liquidated damages specified in this Agreement. It is expressly understood and agreed that the liquidated damages amounts are not to be considered a penalty, but shall be deemed, taken and treated as reasonable estimate of the damages to the County. D. Contractor shall pay liquidated damages to MVEMSA for each and every compliance period that Contractor fails to attain response time compliance of at least ninety percent (90%) in each Response Time Compliance area. Liquidated damages paid by the Contractor for each Response Time Compliance area in which it fails to maintain the requisite compliance shall be as follows: 89-89.99 % $1,000 88-88.99% $1,500 87-87.99% $2,500 86-86.99% $4,000 85-85.99% $6,000 <85 % $8,000 E. Contractor shall pay liquidated damages to MVEMSA for each and every incident to which it has an Extended Response Time, unless exempted by MVEMSA. An Extended Response Time is defined as failing to meet the required response time associated with an incident by ten (10) or more minutes. Liquidated damages paid by the Contractor for each Extended Response Time shall be as follows: Response time elapsed in excess of requirement 10-15 min $250 >16 min $375 F. Contractor shall pay liquidated damages to MVEMSA of $500 for each and every incident in which a preventable mechanical failure of an ambulance occurs with a patient on-board or responding to an incident if the ambulance is out of compliance with the approved maintenance schedule, exceeds mileage or age limits and/or exhausts its on-board fuel supply. G. Furthermore, Contractor shall pay liquidated damages to MVEMSA of $250 for each incident in which Contractor’s crew fails to report an at-scene time which is not verifiable by verbal radio traffic, CAD timestamp or Geographic Positioning System (GPS) based Automatic Vehicle Location (AVL) technology playback. If another fine is applied to the individual incident this fine will not be applied. H. Phase-In Period (Discovery Period): For the first three (3) months after the agreement is implemented, (beginning January 1, 2020 through March 31, 2020) Response Time requirements specified herein shall be enforced but the penalty assessment will be waived to allow for adjustments in system status management. For the remainder of the Agreement period, Response Time requirements must be met, and penalties will be assessed for non-compliance.

Response Time Liquidated Damages. A. It is the goal of MVEMSA to deliver the contractual response time standards to all incident’s ninety percent (90%) of the time. An allowance of ten percent (10%) for isolated instances of individual deviations of response times is built into the Response Time measures. B. Contractor is expected to maintain a minimum compliance of 90% per compliance period in each Response Time Area. C. Contractor understands and agrees that the failure to comply with any time, performance or other requirements in this Agreement will result in damage to MVEMSA and the County and that it will be impracticable to determine the actual amount of damage whether in the event of delay, nonperformance, failure to meet standards, or any other deviation. Therefore, the Contractor and MVEMSA agree to the liquidated damages specified in this Agreement. It is expressly understood and agreed that the liquidated damages amounts are not to be considered a penalty, but shall be deemed, taken and treated as reasonable estimate of the damages to the County. D. Contractor shall pay liquidated damages to MVEMSA for each and every compliance period that Contractor fails to attain response time compliance of at least ninety percent (90%) in each Response Time Compliance area. Liquidated damages paid by the Contractor for each Response Time Compliance area in which it fails to maintain the requisite compliance shall be as follows: 89-89.99 % $1,000 88-88.99% $1,500 87-87.99% $2,500 86-86.99% $4,000 85-85.99% $6,000 <85 % $8,000 E. Contractor shall pay liquidated damages to MVEMSA for each and every incident to which it has an Extended Response Time, unless exempted by MVEMSA. An Extended Response Time is defined as failing to meet the required response time associated with an incident by ten (10) or more minutes. Liquidated damages paid by the Contractor for each Extended Response Time shall be as follows: Response time elapsed in excess of requirement 10-15 min $250 >16 min $375 F. Contractor shall pay liquidated damages to MVEMSA of $500 for each and every incident in which a preventable mechanical failure due to not following manufacturer’s recommended maintenance schedule of an ambulance occurs with a patient on-board or responding to an incident if the ambulance is out of compliance with the approved maintenance schedule, exceeds mileage or age limits and/or exhausts its on-board fuel supply. G. Furthermore, Contractor shall pay liquidated damages to MVEMSA of $250 for each incident in which Contractor’s crew fails to report an at-scene time which is not verifiable by verbal radio traffic, CAD timestamp or Geographic Positioning System (GPS) based Automatic Vehicle Location (AVL) technology playback. If another fine is applied to the individual incident this fine will not be applied. H. Phase-In Period (Discovery Period): For the first three (3) months after the agreement is implemented, (beginning January 1, 2020 through March 31, 2020) Response Time requirements specified herein shall be enforced but the penalty assessment will be waived to allow for adjustments in system status management. For the remainder of the Agreement period, Response Time requirements must be met, and penalties will be assessed for non-compliance.

Response Time Liquidated Damages. A. It is the goal of MVEMSA to deliver the contractual response time standards to all incident’s ninety percent (90%) of the time. An allowance of ten percent (10%) for isolated instances of individual deviations of response times is built into the Response Time measures. B. Contractor is expected to maintain a minimum compliance of 90% per compliance period monthly in each Response Time AreaZone. C. Contractor understands and agrees that the failure to comply with any time, performance or other requirements in this Agreement will result in damage to MVEMSA and the County and that it will be impracticable to determine the actual amount of damage whether in the event of delay, nonperformance, failure to meet standards, or any other deviation. Therefore, the Contractor and MVEMSA agree to the liquidated damages specified in this Agreement. It is expressly understood and agreed that the liquidated damages amounts are not to be considered a penalty, but shall be deemed, taken and treated as reasonable estimate of the damages to the County. D. Contractor shall pay liquidated damages to MVEMSA for each and every compliance period month that Contractor fails to attain response time compliance of at least ninety percent (90%) in each Response Time Compliance areaZone. Liquidated damages paid by the Contractor for each Response Time Compliance area Zone in which it fails to maintain the requisite compliance shall be as follows: 89-89.99 % $1,000 88-88.99% $1,500 87-87.99% $2,500 86-86.99% $4,000 85-85.99% $6,000 <85 % $8,000 E. Contractor shall pay liquidated damages to MVEMSA for each and every incident to which it has an Extended Response Time, unless exempted by MVEMSA. An Extended Response Time is defined as failing to meet the required response time associated with an incident by ten (10) or more minutes. Liquidated damages paid by the Contractor for each Extended Response Time shall be as follows: Response time elapsed in excess of requirement 10-15 min $250 500 >16 min $375750 F. Contractor shall pay liquidated damages to MVEMSA of $500 for each and every incident in which a preventable mechanical failure of an ambulance occurs with a patient on-board or responding to an incident if the ambulance is out of compliance with the approved maintenance schedule, exceeds mileage or age limits and/or exhausts its on-board fuel supply. G. Furthermore, Contractor shall pay liquidated damages to MVEMSA of $250 for each incident in which Contractor’s crew fails to report an at-at scene time which is not verifiable by verbal radio traffic, CAD timestamp or Geographic Positioning System (GPS) based Automatic Vehicle Location (AVL) technology playback. .If another fine is applied to the individual incident this fine will not be applied. H. Phase-In Period (Discovery Period): For the first three (3) months after the agreement is implemented, (beginning January 1, 2020 through March 31, 2020) Response Time requirements specified herein shall be enforced but the penalty assessment will be waived to allow for adjustments in system status management. For the remainder of the Agreement period, Response Time requirements must be met, and penalties will be assessed for non-compliance.

Response Time Liquidated Damages. A. It is the goal of MVEMSA to deliver the contractual response time standards to all incident’s ninety percent (90%) of the time. An allowance of ten percent (10%) for isolated instances of individual deviations of response times is built into the Response Time measures. B. Contractor is expected to maintain a minimum compliance of 90% per compliance period in each Response Time Area. C. Contractor understands and agrees that the failure to comply with any time, performance or other requirements in this Agreement will result in damage to MVEMSA and the County and that it will be impracticable to determine the actual amount of damage whether in the event of delay, nonperformance, failure to meet standards, or any other deviation. Therefore, the Contractor and MVEMSA agree to the liquidated damages specified in this Agreement. It is expressly understood and agreed that the liquidated damages amounts are not to be considered a penalty, but shall be deemed, taken and treated as reasonable estimate of the damages to the County. D. Contractor shall pay liquidated damages to MVEMSA for each and every compliance period month that Contractor fails to attain response time compliance of at least ninety percent (90%) in each Response Time Compliance areaZone. Liquidated damages paid by the Contractor for each Response Time Compliance area Zone in which it fails to maintain the requisite compliance shall be as follows: 89-89.99 % $1,000 88-88.99% $1,500 87-87.99% $2,500 86-86.99% $4,000 85-85.99% $6,000 <85 % $8,000 E. Contractor shall pay liquidated damages to MVEMSA for each and every incident to which it has an Extended Response Time, unless exempted by MVEMSA. An Extended Response Time is defined as failing to meet the required response time associated with an incident by ten (10) or more minutes. Liquidated damages paid by the Contractor for each Extended Response Time shall be as follows: Response time elapsed in excess of requirement 10-15 min $250 >16 min $375 F. Contractor shall pay liquidated damages to MVEMSA of $500 for each and every incident in which a preventable mechanical failure of an ambulance occurs with a patient on-board or responding to an incident if the ambulance is out of compliance with the approved maintenance schedule, exceeds mileage or age limits and/or exhausts its on-board fuel supply. G. Furthermore, Contractor shall pay liquidated damages to MVEMSA of $250 for each incident in which Contractor’s crew fails to report an at-scene time which is not verifiable by verbal radio traffic, CAD timestamp or Geographic Positioning System (GPS) based Automatic Vehicle Location (AVL) technology playback. If another fine is other damages are applied to the individual incident this fine section will not be appliedapply. H. Phase-In Period (Discovery Period): For the first three (3) months after the agreement is implemented, (beginning January 1, 2020 through March 31, 2020) Response Time requirements specified herein shall be enforced but the penalty assessment will be waived to allow for adjustments in system status management. For the remainder of the Agreement period, Response Time requirements must be met, and penalties will be assessed for non-compliance.