Common use of Contract Discrepancy Reports Clause in Contracts

Contract Discrepancy Reports. In the event of a more serious discrepancy, where the assessment of infraction penalty points exceeds the 150 point limit allowed in the Performance Requirements Summary, the CCA and/or QAE will issue a Contract Discrepancy Report (CDR) to the Contract Manager. The Contract Manager shall respond in writing to the CDR within ten (10) business days from the date of receipt. (A) If CONTRACTOR agrees with the finding in the CDR, CONTRACTOR shall respond with a Corrective Action Plan, including a statement that CONTRACTOR agrees with the finding, its action to resolve the specific finding, and its future action to monitor its performance to prevent a repetition of the problem. If this Corrective Action Plan is acceptable to COUNTY, or a mutually agreed upon revision is acceptable to COUNTY, the discrepancy shall be considered resolved. (B) If CONTRACTOR does not agree with the finding in the CDR, CONTRACTOR shall respond with a Request for Dispute Resolution, including a statement that CONTRACTOR does not agree with the finding, its reasons for not agreeing with the finding, and any action it proposes that CONTRACTOR and/or COUNTY take to resolve the dispute. (C) In response to a Request for Dispute Resolution, the Contract Manager and CCA will meet within five (5) business days to discuss the problem. Minutes of the meeting shall be prepared by the CCA. The Contract Manager shall either sign the minutes within five (5) business days of presentation of the minutes, or present CONTRACTOR’s version of the minutes to the CCA. The Contract Manager and CCA shall make every effort to resolve the dispute. If they find a resolution, they shall put the resolution down in writing in the minutes and both sign the minutes. (D) If the CCA and Contract Manager do not resolve the dispute, the dispute shall be referred to a higher level. Agency Senior Executive and DPSS Director or designee shall meet within ten (10) business days to resolve the dispute (or later, if by mutual agreement). (E) The decision of the DPSS Director shall be final. (F) Any CONTRACTOR deficiencies which COUNTY determines are severe or continuing and that may place performance of the Contract in jeopardy, if not corrected, shall be reported to the Board of Supervisors. (G) If the dispute is not eventually resolved to the COUNTY’s satisfaction, COUNTY may terminate the Contract or impose other actions as specified in the Contract, in which event CONTRACTOR’s rights and remedies under law are preserved, including a claim of breach of Contract.

Appears in 1 contract

Sources: Child Care Center Operator Services Contract

Contract Discrepancy Reports. In the event of a more serious discrepancy, where the assessment of infraction penalty points exceeds the 150 point limit allowed in the Performance Requirements Summary, the CCA and/or QAE will issue a Contract Discrepancy Report (CDR) to the Contract Manager. The Contract Manager shall respond in writing to the CDR Contract Discrepancy Report within ten (10) business days from the date of receiptreceipt of the Report. (A) A. If CONTRACTOR agrees with the finding in the CDRContract Discrepancy Report, CONTRACTOR shall respond with a Corrective Action Plan, including a statement that CONTRACTOR agrees with the finding, its action to resolve the specific finding, and its future action to monitor its performance to prevent a repetition of the problem. If this Corrective Action Plan is acceptable to COUNTY, or a mutually agreed upon revision is acceptable to COUNTY, the discrepancy shall be considered resolved. (B) B. If CONTRACTOR does not agree with the finding in the CDRContract Discrepancy Report, CONTRACTOR shall respond with a Request for Dispute Resolution, including a statement that CONTRACTOR does not agree with the finding, its reasons for not agreeing with the finding, and any action it proposes that CONTRACTOR and/or COUNTY take to resolve the dispute. (C) C. In response to a Request for Dispute Resolution, the Contract Manager and CCA will meet within five (5) business days to discuss the problem. Minutes of the meeting shall be prepared by the CCA. The Contract Manager shall either sign the minutes within five (5) business days of presentation of the minutes, or present CONTRACTOR’s 's version of the minutes to the CCA. The Contract Manager and CCA shall make every effort to resolve the dispute. If they find a resolution, resolution they shall put the resolution down in writing in the minutes and both sign the minutes. (D) D. If the CCA and Contract Manager do not resolve the dispute, the dispute shall be referred to a higher level. the Agency Senior Executive and DPSS Director or designee designee, who shall meet within ten (10) business days to resolve the dispute (or later, if by mutual agreement). (E) E. The decision of the DPSS Director shall be final. (F) F. Any CONTRACTOR deficiencies which COUNTY determines are severe or continuing and that may place performance of the Contract in jeopardy, if not corrected, shall be reported to the Board of SupervisorsSupervisors with recommended remedial actions. (G) G. If the dispute is not eventually resolved to the COUNTY’s 's satisfaction, COUNTY may terminate the this Contract or impose other actions as specified in the this Contract, in which event CONTRACTOR’s 's rights and remedies under law are preserved, including a claim of breach of Contract.

Appears in 1 contract

Sources: Calworks Stage 1 Child Care Services Contract

Contract Discrepancy Reports. In the event of a more serious discrepancy, where the assessment of infraction penalty points exceeds the 150 point limit allowed in the Performance Requirements Summary, the CCA and/or QAE will issue a Contract Discrepancy Report (CDR) to the Contract Manager. The Contract Manager shall respond in writing to the CDR Contract Discrepancy Report within ten (10) business days from the date of receiptreceipt of the Report at the agency. CONTRACTOR is assumed to have received the Contract Discrepancy Report three (3) business days from the date the Report is dated, or three (3) business days from post ▇▇▇▇ on envelope (if postmark is later than date of report). (A) A. If CONTRACTOR agrees with the finding in the CDRContract Discrepancy Report, CONTRACTOR shall respond with a Corrective Action Plan, including a statement that CONTRACTOR agrees with the finding, its action to resolve the specific finding, and its future action to monitor its performance to prevent a repetition of the problem. If this Corrective Action Plan is acceptable to COUNTY, or a mutually agreed upon revision is acceptable to COUNTY, the discrepancy shall be considered resolved. (B) B. If CONTRACTOR does not agree with the finding in the CDRContract Discrepancy Report, CONTRACTOR shall respond with a Request for Dispute Resolution, including a statement that CONTRACTOR does not agree with the finding, its reasons for not agreeing with the finding, and any action it proposes that CONTRACTOR and/or COUNTY take to resolve the dispute. (C) C. In response to a Request for Dispute Resolution, the Contract Manager and CCA will meet within five (5) business days to discuss the problem. Minutes of the meeting shall be prepared by the CCA. The Contract Manager shall either sign the minutes within five (5) business days of presentation of the minutes, or present CONTRACTOR’s 's version of the minutes to the CCA. The Contract Manager and CCA shall make every effort to resolve the dispute. If they find a resolution, resolution they shall put the resolution down in writing in the minutes and both sign the minutes. (D) D. If the CCA and Contract Manager do not resolve the dispute, the dispute shall be referred to a higher level. the Agency Senior Executive and DPSS Director or designee designee, who shall meet within ten (10) business days to resolve the dispute (or later, if by mutual agreement). (E) E. The decision of the DPSS Director shall be final. (F) F. Any CONTRACTOR deficiencies which COUNTY determines are severe or continuing and that may place performance of the Contract in jeopardy, if not corrected, shall be reported to the Board of SupervisorsSupervisors with recommended remedial actions. (G) G. If the dispute is not eventually resolved to the COUNTY’s 's satisfaction, COUNTY may terminate the this Contract or impose other actions as specified in the this Contract, in which event CONTRACTOR’s 's rights and remedies under law are preserved, including a claim of breach of Contract.

Appears in 1 contract

Sources: Contract for Child Care Services