BLACK TIE TRANSPORTATION (#2026359)

2 | P a g e II. PERFORMANCE STANDARDS AND LIQUIDATED DAMAGES The CONTRACTOR must provide services in a manner that will maximize productivity and customer service while minimizing expense to the CITY. The service standards and liquidated damages are described in the following chart. These are intended to be reasonably attainable by the CONTRACTOR, fair to the customer, and consistent with the CITY's expectations. These shall be applied, and remain in effect, during the full term of the AGREEMENT. Representatives of the CONTRACTOR and the CITY will meet as needed to evaluate the system and performance based on these standards. In addition, the CONTRACTOR will submit monthly performance reports to the CITY, providing information specified in Section VII. G. Should it be found that the CONTRACTOR's performance has contributed to the CONTRACTOR's failure to achieve these standards, the CONTRACTOR will take all reasonable actions necessary to correct deficiencies. Should deficiencies in performance persist, the CITY may take whatever additional action is necessitated by the circumstances, including termination of the AGREEMENT. While it is expected that every effort will be made by the CONTRACTOR to comply with the standards described below at all times, none of the following liquidated damages shall apply during the “start-up” period (i.e., the first 30 days of the AGREEMENT). The CITY’s decision regarding the assessment of liquidated damages, based on the table below, is final and may not be appealed. If the standards and liquidated damages are not fulfilling their intended purpose, the CITY and CONTRACTOR may, by mutual agreement, make adjustments to the standards and liquidated damages. Prior to assessing liquidated damages, CITY shall give CONTRACTOR notice of its 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. Docusign Envelope ID: 2C9A65BB-21B7-4E3B-A5B5-F713B3B31D24