Corrective Action. If the County determines that a breach of contract has occurred, that is, the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: A. The County will notify the Contractor in writing of the nature of the breach; The Contractor shall respond in writing within ten working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more 30 days from the date of the Contractor’s response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; B. The County will notify the Contractor in writing of the County’s determination as to the sufficiency of the Contractor’s corrective action plan. The determination of sufficiency of the Contractor’s corrective action plan shall be at the sole discretion of the County; C. In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor’s corrective action plan is determined by the County to be insufficient, the County may commence termination or suspension of this Contract in whole or in part pursuant to Section II.C.; D. In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II., Subsections B, C, D, and E.
Appears in 5 contracts
Sources: Community Services Contract, Community Services Contract, Community Services Contract
Corrective Action. If the County determines that a breach of contract has occurred, that is, the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply:
A. : The County will notify the Contractor in writing of the nature of the breach; The Contractor shall respond in writing within ten working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more 30 days from the date of the Contractor’s response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions;
B. ; The County will notify the Contractor in writing of the County’s determination as to the sufficiency of the Contractor’s corrective action plan. The determination of sufficiency of the Contractor’s corrective action plan shall be at the sole discretion of the County;
C. ; In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor’s corrective action plan is determined by the County to be insufficient, the County may commence termination or suspension of this Contract in whole or in part pursuant to Section II.C.;
D. ; In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and
E. and Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II., Subsections B, C, D, and E.
Appears in 5 contracts
Sources: Community Services Contract, Community Services Contract, Community Services Contract
Corrective Action. If the County determines that a breach of contract Agreement has occurred, that is, the Contractor Recipient has failed to comply with any terms or conditions of this Contract Agreement or the Contractor Recipient has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply:
A. The County will notify the Contractor Recipient in writing of the nature of the breach; The Contractor Recipient shall respond in writing within ten three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract Agreement into compliance, which date shall not be more 30 than ten (10) days from the date of the ContractorRecipient’s response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions;
B. The County will notify the Contractor Recipient in writing of the County’s determination as to the sufficiency of the ContractorRecipient’s corrective action plan. The determination of sufficiency of the ContractorRecipient’s corrective action plan shall be at the sole discretion of the County;
C. In the event that the Contractor Recipient does not respond within the appropriate time with a corrective action plan, or the ContractorRecipient’s corrective action plan is determined by the County to be insufficient, the County may commence termination or suspension of this Contract Agreement in whole or in part pursuant to Section II.C.1.C.;
D. In addition, the County may withhold any payment owed the Contractor Recipient or prohibit the Contractor Recipient from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and
E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II1., Subsections B, C, D, and E.
Appears in 4 contracts
Sources: Community Services Agreement, Terms and Conditions, Terms and Conditions
Corrective Action. If the County determines that a breach of contract has occurred, that is, the Contractor has failed to comply with any material terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein(each a “breach”), and if the County deems said determines that the breach to warrant warrants corrective action, the following sequential procedure will shall apply:
A. . Written Notification The County will shall notify the Contractor in writing of the nature of the breach; . Contractor’s Correction Plan The Contractor shall respond in writing with a written corrective action plan within ten working days of its receipt of such notificationnotification unless the County, which at its sole discretion, extends in writing the response time. The plan shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan breach and shall specify the proposed completion date for bringing curing the Contract into compliance, which breach. This date shall not be more 30 days from the date of the Contractor’s response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions;
B. actions County’s Determination of Corrective Action Plan Sufficiently The County will determine the sufficiency of the Contractor’s proposed corrective action plan, then notify the Contractor in writing of the County’s determination as to the sufficiency of the Contractor’s corrective action planthat determination. The determination of sufficiency of the Contractor’s corrective action plan shall be at the sole discretion of the County;
C. In the event that . Termination or Suspension of Contract If the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor’s corrective action plan is determined by the County to be insufficient, the County may commence termination terminate or suspension of suspend this Contract in whole or in part pursuant to Section II.C.;
D. Subsection 15. Termination Subsection B. County Withholding of Payment In addition, the County may withhold any payment owed to the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and
E. . No Waiver of Other Remedies Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II15. Termination or other remedies authorized by law., Subsections B, C, D, and E.
Appears in 2 contracts
Sources: Housing and Community Development Contract, Housing and Community Development Contract
Corrective Action. If the County determines that a breach of contract has occurred, that is, in which the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County deems may deem said breach to warrant corrective action, the . The following sequential procedure process will apply:
A. a. The County will notify the Contractor in writing of the nature of the breach; .
b. The Contractor shall respond in writing within ten working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract Contractor into contract compliance, which date shall not be more than 30 days from the date of the Contractor’s response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions;
B. c. The County will notify the Contractor in writing of the County’s determination as to the sufficiency of the Contractor’s corrective action plan. The determination of sufficiency of the Contractor’s corrective action plan shall be at the sole discretion of the County;
C. d. In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor’s corrective action plan is determined by the County to be insufficient, the County may commence termination or suspension of this Contract contract in whole or in part pursuant to Section II.C.14;
D. e. In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and
E. f. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II.Sections 13, Subsections B, C, D14, and E.15. Special Terms and Conditions S-1. Applicable Regulations The Contractor is required to comply with the requirements of the following referenced documents in performing services pursuant to this contract. The terms of each are incorporated by reference as part of this contract as fully as if set forth in full herein.
Appears in 2 contracts
Sources: Professional Services, Professional Services
Corrective Action. If the County determines that a breach of contract has occurred, that is, the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will shall apply:
A. The County will shall notify the Contractor in writing of the nature of the breach; ;
B. The Contractor shall respond in writing within ten no later than 10 working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than 30 days from the date of the Contractor’s response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions;
B. C. The County will shall notify the Contractor in writing of the County’s determination as to the sufficiency of the Contractor’s corrective action plan. The determination of County shall have sole discretion in determining the sufficiency of the Contractor’s corrective action plan shall be at the sole discretion of the Countyplan;
C. D. In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor’s corrective action plan is determined by the County to be insufficient, the County may commence termination or suspension of this Contract in whole or in part pursuant to Section II.C.XI. Termination Subsection A.;
D. E. In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and
E. F. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II.XI. Termination Subsections A, Subsections B, C, D, and E.D.
Appears in 1 contract
Sources: Community Services Contract
Corrective Action. If the County determines that a breach of contract Subaward has occurred, that is, the Contractor Subrecipient has failed to comply with any terms or conditions of this Contract Subaward or the Contractor Subrecipient has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply:
A. The County will notify the Contractor Subrecipient in writing of the nature of the breach; The Contractor Subrecipient shall respond in writing within ten three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract Subaward into compliance, which date shall not be more 30 than ten (10) days from the date of the ContractorSubrecipient’s response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions;
B. The County will notify the Contractor Subrecipient in writing of the County’s determination as to the sufficiency of the ContractorSubrecipient’s corrective action plan. The determination of sufficiency of the ContractorSubrecipient’s corrective action plan shall be at the sole discretion of the County;
C. In the event that the Contractor Subrecipient does not respond within the appropriate time with a corrective action plan, or the ContractorSubrecipient’s corrective action plan is determined by the County to be insufficient, the County may commence termination or suspension of this Contract Subaward in whole or in part pursuant to Section II.C.1.C.;
D. In addition, the County may withhold any payment owed the Contractor Subrecipient or prohibit the Contractor Subrecipient from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and
E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II1., Subsections B, C, D, and E.
Appears in 1 contract
Sources: Subaward Agreement
Corrective Action. If the County determines that a breach of contract has occurred, that is, in which the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County deems may deem said breach to warrant corrective action, the . The following sequential procedure process will apply:
A. a. The County will notify the Contractor in writing of the nature of the breach; .
b. The Contractor shall respond in writing within ten working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract Contractor into contract compliance, which date shall not be more than 30 days from the date of the Contractor’s response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions;
B. c. The County will notify the Contractor in writing of the County’s determination as to the sufficiency of the Contractor’s corrective action plan. The determination of sufficiency of the Contractor’s corrective action plan shall be at the sole discretion of the County;
C. d. In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor’s corrective action plan is determined by the County to be insufficient, the County may commence termination or suspension of this Contract contract in whole or in part pursuant to Section II.C.14;
D. e. In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and
E. f. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II.Sections 13, Subsections B, C, D14, and E.15. Special Terms and Conditions S-1. Applicable Regulations The Contractor is required to comply with the requirements of the following referenced documents in performing services pursuant to this contract. The terms of each are incorporated by reference as part of this contract as fully as if set forth in full herein. RCW 43.185C S-2. Written Policies and Procedures Contractor must have written policies and procedures. S-3. Allowable Costs As allowed in Consolidated Homeless Grant guidelines ▇▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇▇.▇▇▇/s/4d1ilui45uqljmhlseufez4flxqv1q6b Contractor shall be reimbursed on a cost reimbursement basis. See Exhibit A.
Appears in 1 contract
Sources: Professional Services
Corrective Action. If the County determines that a breach of contract has occurred, that is, the Contractor Subrecipient has failed to comply with any terms or conditions of this Contract Agreement or the Contractor Subrecipient has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will shall apply:
A. The County will shall notify the Contractor Subrecipient in writing of the nature of the breach; ;
B. The Contractor Subrecipient shall respond in writing within no later than ten working days of its following receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract Agreement into compliance, which date shall not be more than 30 days from the date of the ContractorSubrecipient’s response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions;
B. C. The County will shall notify the Contractor Subrecipient in writing of the County’s determination as to the sufficiency of the ContractorSubrecipient’s corrective action plan. The determination of County shall have sole discretion in determining the sufficiency of the ContractorSubrecipient’s corrective action plan shall be at the sole discretion of the Countyplan;
C. D. In the event that the Contractor Subrecipient does not respond within the appropriate time with a corrective action plan, or the ContractorSubrecipient’s corrective action plan is determined by the County to be insufficient, the County may commence termination or suspension of this Contract Agreement in whole or in part pursuant to Section II.C.XXIII.B;
D. E. In addition, the County may withhold any payment owed the Contractor Subrecipient or prohibit the Contractor Subrecipient from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and
E. F. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II.XXIII. Subsections A, Subsections B, C, D, and E.D.
Appears in 1 contract
Sources: Grant Agreement
Corrective Action. Default by Contractor If the County determines that a breach of contract has occurred, that is, occurred because the Contractor has failed to comply with any material terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to hereinin any Project/Program Exhibit attached hereto, and if the County deems said breach to warrant corrective action, the following sequential procedure will shall apply:
A. . The County will shall notify the Contractor in writing of the nature of the breach; . The Contractor shall respond in writing within ten working days of its receipt of such notification, which response shall indicate submit a plan describing the specific steps being taken to correct the specified deficienciesdeficiencies (the "corrective action plan"). The corrective action plan shall be submitted to the County within ten business days from the Contractor's receipt of the County's notice under this section. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which completion date shall not be more than 30 days from the date of the County receives the Contractor’s response's corrective action plan, unless the County, at in its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions;
B. . The County will shall notify the Contractor Contractor, in writing of the County’s determination as to the sufficiency of the Contractor’s corrective action planPlan. The determination of County shall have sole discretion in determining the sufficiency of the Contractor’s corrective action plan shall be at the sole discretion plan. Termination of the County;
C. Contract In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor’s corrective action plan is determined by the County to be insufficient, the County may commence termination or suspension of this Contract in whole or in part pursuant to Section II.C.;
D. Subsection XV. Termination Subsection B. County Withholding of Payment In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and
E. . No Waiver of Other Remedies Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section IIXV. Termination or other remedies authorized by law., Subsections B, C, D, and E.
Appears in 1 contract
Corrective Action. If the County determines that a breach of contract has occurred, that is, the Contractor Recipient has failed to comply with any terms or conditions of this Contract Agreement or the Contractor Recipient has failed to provide in any manner the work or services agreed to herein(each a “breach”), and if the County deems said determines that the breach to warrant warrants corrective action, the following sequential procedure will apply:
A. The County will notify the Contractor Recipient in writing of the nature of the breach; .
B. The Contractor Recipient shall respond in writing with a written corrective action plan within ten working (10) business days of its receipt of such notification, which unless the County, at its sole discretion, extends in writing the response time. The plan shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan breach and shall specify the proposed completion date for bringing curing the Contract into compliancebreach, which date shall not be more 30 than thirty (30) days from the date of the ContractorRecipient’s response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions;.
B. C. The County will notify the Contractor Recipient in writing of the County’s determination as to the sufficiency of the ContractorRecipient’s corrective action plan. The determination of sufficiency of the ContractorRecipient’s corrective action plan shall be at the sole discretion of the County;.
C. In D. If the event that the Contractor Recipient does not respond within the appropriate time with a corrective action plan, or the ContractorRecipient’s corrective action plan is determined by the County to be insufficient, the County may commence termination terminate or suspension of suspend this Contract Agreement in whole or in part pursuant to Section II.C.;1.
D. E. In addition, the County may withhold any payment owed the Contractor Recipient or prohibit the Contractor Recipient from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and.
E. F. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II1., Subsections B, C, D, and E.
Appears in 1 contract
Sources: Terms and Conditions
Corrective Action. If the City believes that the County determines that a breach of contract has occurred, that is, the Contractor has failed to comply with any terms the obligations in this Agreement or conditions of this Contract or the Contractor has failed to provide the Legal Services in any a manner the work or services agreed to hereinconsistent with this Agreement (a breach), and if the County deems City believes said breach to warrant corrective action, the following sequential procedure will shall apply:
A. : Any dispute or misunderstanding that may arise under this Agreement concerning the County's performance shall first be resolved through negotiations, if possible, between the County Public Defender or delegate and the City Agreement Administrator or delegate, or if necessary shall be referred to the Director of the City Budget Office (or delegated representative). If such officials do not agree upon a decision within a reasonable period of time, the parties may pursue other legal means to resolve such disputes, including but not limited to alternate dispute resolution processes. In absence of an agreed alternative, the following process shall be employed. The County City will notify the Contractor County Public Defender in writing of the nature of the breach; The Contractor County shall respond in writing within ten three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify , and the proposed completion date for bringing achieving compliance with the Contract into complianceAgreement, which date shall not be more 30 than ten (10) working days from the date of the Contractor’s County's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions;
B. ; The County City will notify the Contractor County in writing of the CountyCity’s determination as to the sufficiency of the Contractor’s County's corrective action plan. The determination of the sufficiency of the ContractorCounty's corrective action plan will be at the discretion of the City; however, the City’s determination of the sufficiency of the County's corrective action plan shall be at take into consideration the sole discretion reasonableness of the County;
C. proposed corrective action, in light of the alleged breach. In all cases where corrective action is determined by the City to be appropriate, the City shall work with the County to implement the plan; In the event that the Contractor County does not respond within the appropriate time with a the corrective action plan, or the Contractor’s County's corrective action plan is determined by the County City to be insufficient, the County City may commence termination or suspension of this Contract Agreement in whole or in part pursuant to Section II.C.;
D. 12 (A) Termination if good cause (as defined below) exists; In addition, the County City may withhold any payment owed the Contractor County or prohibit direct the Contractor from County to stop incurring additional obligations of funds until the County City is satisfied that the corrective action has been taken or completed; and
E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II., Subsections B, C, D, and E.
Appears in 1 contract
Corrective Action. If the County Court determines that a breach of contract has occurred, that is, is the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County Court deems said breach to warrant corrective action, the following sequential procedure will apply:
A. The County Court will notify the Contractor in writing of the nature of the breach; .
B. The Contractor shall respond in writing within ten three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more 30 than ten (10) days from the date of the Contractor’s 's response, unless the CountyCourt, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions;.
B. C. The County Court will notify the Contractor in writing of the County’s Court's determination as to the sufficiency of the Contractor’s 's corrective action plan. The determination of sufficiency of the Contractor’s 's corrective action plan shall be at the sole discretion of the County;Court.
C. D. In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor’s 's corrective action plan is determined by the County Court to be insufficient, the County Court may commence termination or suspension of this Contract in whole or in part pursuant to Section II.C.;IV.B.
D. E. In addition, the County Court may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds collecting further payments until the County Court is satisfied that corrective action has been taken or completed; and.
E. F. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II.IV, Subsections A, B, C, D, and E.D.
Appears in 1 contract
Sources: Vendor Contract
Corrective Action. If the County determines that a breach of contract Contract has occurred, that is, the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply:
A. : The County will notify the Contractor in writing of the nature of the breach; The Contractor shall respond in writing within ten three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more 30 than ten (10) days from the date of the Contractor’s response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions;
B. ; The County will notify the Contractor in writing of the County’s determination as to the sufficiency of the Contractor’s corrective action plan. The determination of sufficiency of the Contractor’s corrective action plan shall be at the sole discretion of the County;
C. ; In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor’s corrective action plan is determined by the County to be insufficient, the County may commence termination or suspension of this Contract in whole or in part pursuant to Section II.C.;
D. 1.C.; In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and
E. and Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II1., Subsections B, C, D, and E.
Appears in 1 contract
Sources: Community Services Contract
Corrective Action. If the County determines that a breach of contract has occurred, that is, in which the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County deems may deem said breach to warrant corrective action, the . The following sequential procedure process will apply:
A. a. The County will notify the Contractor in writing of the nature of the breach; .
b. The Contractor shall respond in writing within ten working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract Contractor into contract compliance, which date shall not be more than 30 days from the date of the Contractor’s response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions;
B. c. The County will notify the Contractor in writing of the County’s determination as to the sufficiency of the Contractor’s corrective action plan. The determination of sufficiency of the Contractor’s corrective action plan shall be at the sole discretion of the County;
C. d. In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor’s corrective action plan is determined by the County to be insufficient, the County may commence termination or suspension of this Contract contract in whole or in part pursuant to Section II.C.14;
D. e. In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and
E. f. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II.Sections 13, Subsections B, C, D14, and E.15. Exhibit A: Statement of Work and Reporting Requirements The purpose of this Statement of Work is to detail the work to be performed by the Contractor and the methods and content for reporting progress by the Contractor in fulfilling all duties encompassed in this contract.
Appears in 1 contract
Sources: Professional Services Contract
Corrective Action. If the City believes that the County determines that a breach of contract has occurred, that is, the Contractor has failed to comply with any terms the obligations in this Agreement or conditions of this Contract or the Contractor has failed to provide the Legal Services in any a manner the work or services agreed to hereinconsistent with this Agreement (a breach), and if the County deems City believes said breach to warrant corrective action, the following sequential procedure will shall apply:
A. Any dispute or misunderstanding that may arise under this Agreement concerning the County's performance shall first be resolved through negotiations, if possible, between the County Public Defender or delegate and the City Agreement Administrator or delegate, or if necessary shall be referred to the Director of the City Budget Office (or delegated representative). If such officials do not agree upon a decision within a reasonable period of time, the parties may pursue other legal means to resolve such disputes, including but not limited to alternate dispute resolution processes. In absence of an agreed alternative, the following process shall be employed.
1. The County City will notify the Contractor County Public Defender in writing of the nature of the breach; ;
2. The Contractor County shall respond in writing within ten three (3) working days daysWorking Days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify , and the proposed completion date for bringing achieving compliance with the Contract into complianceAgreement, which date shall not be more 30 days than ten (10) working daysWorking Days from the date of the Contractor’s County's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions;
B. 3. The County City will notify the Contractor County in writing of the CountyCity’s determination as to the sufficiency of the Contractor’s County's corrective action plan. The determination of the sufficiency of the ContractorCounty's corrective action plan will be at the discretion of the City; however, the City’s determination of the sufficiency of the County's corrective action plan shall be at take into consideration the sole discretion reasonableness of the Countyproposed corrective action, in light of the alleged breach. In all casesCases where corrective action is determined by the City to be appropriate, the City shall work with the County to implement the plan;
C. 4. In the event that the Contractor County does not respond within the appropriate time with a the corrective action plan, or the Contractor’s County's corrective action plan is determined by the County City to be insufficient, the County City may commence termination or suspension of this Contract Agreement in whole or in part pursuant to Section II.C.subsectionSection 12.A if good cause (as defined below) exists;
D. 5. In addition, the County City may withhold any payment owed the Contractor County or prohibit direct the Contractor from County to stop incurring additional obligations of funds until the County City is satisfied that the corrective action has been taken or completed; and
E. 6. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II12 Termination., Subsections B, C, D
B. Pending final decision of a dispute hereunder, and E.except where the City has directed the County to stop incurring obligations as provided in subsection 5Section 11.A.5, the County shall proceed diligently with the performance of the Agreement and in accordance with the direction of the City.
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