Response Time Exemptions Sample Clauses
The response-time-exemptions clause defines specific situations in which the standard response time requirements do not apply. Typically, this clause outlines exceptions such as force majeure events, scheduled maintenance, or circumstances beyond a party’s reasonable control, meaning that delays caused by these events will not be considered breaches of contract. Its core practical function is to protect parties from penalties or liability when delays are due to factors outside their control, ensuring fairness and clarity in the enforcement of response time obligations.
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Response Time Exemptions. In the monthly calculation of Allegiance's performance to determine compliance with the response time s, every emergency request originating from within Allegiance's assigned Primary Service Area, with the exception of cancelled calls, shall be included except as follows:
Response Time Exemptions. In some cases, late responses will be excused from financial penalties and from response time compliance reports. Examples of current exceptions include:
1. Multiple units to the same scene.
2. Severe inclement weather conditions which impair visibility or create other unsafe driving conditions;
3. Call reduced from Code-3 to Code-2 by on-scene responders or by the dispatcher in accordance with County protocol; and
4. Wrong address provided by the requesting party;
5. Unavoidable delay caused by unreported road construction;
6. Material change in dispatch location after the initial dispatch is recorded as dispatched; Exceptions shall be for good cause only, as determined by the County. The burden of proof that there is good cause for an exception shall rest with the Contractor, and the Contractor must have acted in good faith. The alleged good cause must have been a substantial factor in producing the excessive response time. Exceptions shall be considered on a case-by-case basis. Contractor shall file a request for each response time exception on a monthly basis with the San Joaquin County EMS Agency within fifteen (15) business days of the end of the previous month. Such request shall list the date, the time, and the specific circumstances causing the delayed response. Exceptions may be granted for instances of “move up and cover” or “mutual aid” consistent with EMS policy and procedure. The financial penalties may be waived based on special circumstances.
Response Time Exemptions. Contractor shall maintain sufficient resources to meet all obligations under this Agreement. In rare occasions, unusual events outside Contractor’s control may occur that directly affect Contractor’s ability to meet response time requirements. In such cases, when evaluating Contractor’s response time performance to determine compliance with response time requirements, REMSA shall factor in the unusual circumstances and exempt specific responses. Specific exemptions that may be considered by REMSA include but are not limited to:
5.4.1 Responses that are delayed due to ambulance patient offload delays (APOD) at a hospital or hospitals.
5.4.2 Responses that are delayed due to extended wait times at railroad crossings in the City of Riverside only.
5.4.3 Responses that are delayed due to uncontrollable access problems as a result of extreme weather on a case-by-case basis (e.g. roads are unpassable).
Response Time Exemptions. In some cases late responses will be excused from response time compliance reports. Exemptions shall be considered on a case-by-case basis. CONTRACTOR shall file a request for each response time exemption on a monthly basis with the San Benito County EMS Agency within fifteen (l5) business days of the end of the previous month. Such request shall list the date, the time, and the specific circumstances causing the delayed response. COUNTY shall have ten (10) business days to review and respond after which time the report will be deemed acceptable. Examples of exemptionsinclude failure by the dispatcher to give accurate location information (including address or cross street) to responding unit;
Response Time Exemptions. In the event of unusual circumstances beyond the Franchisee’s control Franchisee may request an exemption from the Response Time requirements from the County as follows:
6.7.1 Franchisee must demonstrate that all ambulances in the affected ASA were available for, or assigned to, 911 calls or mutual aid calls when requesting exemptions to Response Time requirements based solely on demand.
6.7.2 Unusual circumstances shall be limited to:
(1) Unusually severe weather conditions; (2) Disasters; (3) Calls to off-road situations; (4) Calls to private roads; (5) Periods of unusually high demand for ambulance services; (6) Mutual aid as provided under this Agreement; or (7) Other conditions deemed unusual upon written determination by County.
6.7.3 County acknowledges that hospital diversions occur periodically and can cause all ambulances to, resulting in longer transport times and placing a demand on the ambulance system beyond the Franchisee's control. If exemptions to Response Time requirements are requested due to hospital diversions, the Franchisee must provide documentation showing the impact of the diversions on ambulance availability, and the locations of its ambulances during the duration of the hospital diversions.
6.7.4 Equipment failures, traffic congestion, ambulance failures, and other similar causes will not be grounds for granting an exemption to compliance with Response Time standards.
6.7.5 Franchisee must submit a written request with detailed documentation to the Administrator for any Response Time exemption, identifying the specific time period, the circumstances during the time period, and all late responses during the time period. The Administrator will review the request for exemption and issue a decision. In the event that the request for exemption is not granted, Franchisee may make a written appeal within ten (10) days of the decision to the Board of Commissioners. The decision of the Board of Commissioners shall be final and binding.
Response Time Exemptions. A. Contractor shall maintain sufficient resources to achieve the specified Response Time standards. Contractor shall be responsible for prudent and reasonable planning and action related to system deployment. This may include, but is not limited to, deploying additional Unit Hours for holidays, special events, and weather- related emergencies, including periods of excessive heat or cold, or other weather related anomalies, to accommodate related additional workload.
B. In the monthly calculation of Contractor's performance to determine compliance with Response Time Standards, every request for 911 Ambulance Services from WCRCC located within the Contractor's assigned Service Area shall be included except in some cases, late and specified other responses will be excluded from Response Time compliance calculations and financial penalties. These Response Time Exemptions will be for good cause only, as reasonably determined by the Greeley Fire Department in its sole discretion. The burden of proof that there is good cause for a Response Time Exemption shall rest with the Contractor. Contractor may request a Response Time Exemption if that call meets the criteria defined below. Contractor shall file a request for each desired Response Time Exemption on a monthly basis with the Greeley Fire Department within 15 days of the end of the previous month. Such request shall list the date, the time, and the specific circumstances causing the delayed response. The Fire Chief or her/his designee shall grant or deny Response Time Exemptions and shall so advise the Contractor. The Fire Chief or her/his designee will respond to Response Time Exemption requests utilizing written electronic communication. Until such time as the Contractor provides monthly performance data directly to the Greeley Fire Department, the Contractor shall submit these requests in a report to the Greeley Fire Department in a manner specified by the Fire Chief or his/her designee.
C. Examples of Response Time Exemptions include, but are not limited to:
1. Automatic Appeals (to be granted by Greeley Fire Department):
a. Additional Ambulances responding to the same incident; first unit must meet Response Time standard; and
b. Responding Ambulance is involved in a traffic collision, and Contractor is determined to be not at fault by law enforcement.
2. Case-by-Case Appeals (to be considered by Greeley Fire Department):
a. Multi-Casualty Incident (MCI);
b. Verifiable traffic related to the incident imped...
Response Time Exemptions. Operator shall maintain mechanisms for reserve production capacity to increase production should temporary system overload persist. However, it is understood that unusual circumstances and conditions beyond Operator’s reasonable control can produce response times that exceed the standards. If Operator believes that any run or group of runs should be excluded from the response time standards, a written request must be made to the Fire Chief. Any requests for exemption from response time standards shall be made with the Monthly Response Time Reports, as set forth in Section II.6(a) below. If no such request is received by the deadline required herein, no such request will be considered in compliance calculations. The Fire Chief has the sole discretion to exempt any call. Equipment failures, traffic congestion, ambulance failures, Operator dispatch errors, inability to staff units, and units deployed on inter facility transports will not be grounds for granting an exception to compliance with the response time requirements.
Response Time Exemptions. In some cases late responses will be excused from response time compliance reports. Exemptions shall be considered on a case-by-case basis. CONTRACTOR shall file a request for each response time exemption on a monthly basis with the San Benito County EMS Agency within fifteen(15) business days of the end of the previous month. Such request shall list the date, the time, and the specific circumstances causing the delayed response. COUNTY shall have ten (10) business days to review and respond after which time the report will be deemed acceptable. Examples of exemptions include:
1. Failure by the dispatcher to give accurate location information (including address or cross street) to responding unit;
2. Extreme inclement weather conditions which impair visibility or create other unsafe driving conditions;
3. Wrong address or unrecognizable location description provided by the requesting party;
4. Disrupted voice or radio transmission beyond the control of CONTRACTOR or COUNTY’s designated communications center;
5. Material change in dispatch location after the initial dispatch is recorded as dispatched;
6. COUNTY’s communications center failure to follow the CONTRACTOR’s written automated System Status Management plan that directly affects the response time of the call;
7. Call in which ▇▇▇▇▇▇▇▇▇▇’s responding crew believe the delay in their timely arrival to the call was outside their control documented by the crew;
8. Unavoidable delays caused by road construction and/or closure;
9. Absence of units from CONTRACTOR’s San Benito County system deployment during time of declared disaster in contiguous county, as approved by the Contract Administrator; and,
10. Periods in which the COUNTY’s designated communications center computer aided dispatch (CAD) system is not operable and/or dispatch equipment failure disrupts the transmission recording of an incident.
Response Time Exemptions. 1. In some cases, late responses will be excused from financial penalties and from response time compliance reports. Examples of such exemptions include:
a. Inclement weather conditions which impair visibility or create other unsafe driving conditions.
b. Wrong address provided by the requesting party.
c. Unavoidable delay caused by road construction.
d. Restricted roadway access.
e. Delays in transferring care to a hospital emergency department.
f. Authorized mutual aid.
g. Unusual system overload: defined as 150 percent of the average demand for the day of the week and hour of day. The average demand for each day and hour is to be calculated on an annual basis using the prior calendar year’s actual run volume.
2. All other exemption requests shall be for good cause only, as determined by the Contract Administration or his/her designee. The burden of proof that there is good cause for an exemption shall rest with the Contractor, and the Contractor must have acted in good faith. The alleged good cause must have been a substantial factor in producing the excessive response time.
3. Contractor shall submit exemption requests to the Contract Administrator or his/her designee no later than 12 pm on the 15th calendar day of each month for the previous month responses. Any exception requests submitted past this required timeframe will be automatically denied.
4. The Contract Administrator or his/her designee shall review each exemption request individually, and determine whether to accept or reject each response time exemption request submitted by Contractor. The decision of the Contract Administrator or his/her designee to accept or reject any or all response time exemption requests shall be final.
Response Time Exemptions. In some cases, late responses will be excused from financial damages and from response time compliance reports. Approved response time exemptions include:
1. Failure by CCCDC dispatcher to give accurate location information (including address or cross street) to responding units;
2. Weather conditions which impair visibility or create unsafe driving conditions;
3. Call in which the response code is reduced from code III by CCCDC or first responder during the time the ambulance unit is en route to the dispatched location;
a. If the first responders or CCCDC orders the response slowed to Code I (no lights and sirens then a 50% increase in response times are allowed.
b. The same damages apply if Code I response times are not met.
c. Non-emergent responses less than 18:00 minutes will not result in damages. All other non-emergent calls above 18:00 will be assessed damages pursuant to Exhibit F, Non-Emergent Response Damages.
4. Wrong address provided by the requesting party;
5. Unavoidable delay caused by unreported road construction;
6. Material change in dispatch location after the initial dispatch is recorded as dispatched.
7. No time recorded by dispatch.
8. When three (3) calls have already been dispatched within the city jurisdiction in any given rolling 20 minute interval, then subsequent calls are exempt. Contractor shall file a request for each response time exception on a monthly basis with the City by the 20th of each month after receiving the City’s Response Time Performance Report for the previous month. Such request shall list the date, the time, and the specific circumstances causing the delayed response.
