Deficient Performance Clause Samples

Deficient Performance. 1. The Inspector shall inspect the performance of the work as to adherence to the Contract Specifications and Scope of Work. The County reserves the right to deduct from the payments due or to become due to Contractor for deficient performance and to perform or contract for the necessary service if, or when, the work under this Contract is incomplete. Contractor shall be notified both verbally and in writing each time its performance is unsatisfactory and corrective action is necessary. 2. Contractor shall complete corrective action within the following time frames subsequent to verbal notification: a. Major irrigation within twelve (12) hours. b. Other irrigation within forty-eight (48) hours. c. Other deficiencies within seven (7) days. 3. Failure to correct the deficiency within the time specified shall result in the deduction of payment as provided on the Payment Deduction Schedule below. 4. Deductions from monthly performance payments shall be divided into four categories: a. Performance on Schedule: 1) Failure of Contractor will result in damages in the additional inspection, administration and complaints by the public being sustained in OCCR Purchasing & Contract Services. 2) The sum of Two-Hundred Fifty Dollars ($250.00) for the first failure and Five Hundred Dollars ($500.00) for thereafter per day will be deducted and forfeit from payments to Contractor for each instance where an item of work is not completed in accordance with the schedule or specifications, except for mowing/mechanical edging which shall be Two-Hundred Fifty Dollars($250.00) per instance.

Deficient Performance a. Performance: County reserves the right to deduct from the payments due or to become due to the Contractor for deficient performance. The amount of such deductions will be based on the extent of the unsatisfactory work. A copy of the inspection record with associated deduction calculation will be furnished to the Contractor.

Deficient Performance. In the event a supervisor concludes that an employee's job performance is at a level, which will result in an evaluation below “Meets Standards”, therefore jeopardizing his/her eligibility to receive a merit increase, the supervisor will notify the employee. The employee will be given a reasonable amount of time to correct the performance deficiencies before a year-end performance evaluation is conducted unless the deficient performance warranting the denial of the merit increase occurs late in the evaluation period.

Deficient Performance. If at any time an employee's performance is considered to be at a level which fails to meet standards, the employee's supervisor shall notify the employee in writing as soon as possible. Unless the deficient performance occurs late in the evaluation period, the notice of deficient performance should be given sufficiently in advance of the employee's annual evaluation so that the employee is afforded the opportunity to attempt to improve performance to a meets standards level.

Deficient Performance. The City shall notify the Contractor both verbally and in writing each time its performance is unsatisfactory and corrective action is necessary.

Deficient Performance. The County will provide the Contractor with written notice of deficient performance. The Contractor shall remedy any such deficiencies on its next scheduled maintenance visit (following receipt of notification by the County either by phone or by fax) to the facility in question. The Schedule of Deductions, as specified in Attachment C, will aid the County in understanding the cost allocation for the different items that the Contractor will be performing under this Contract. Contractor’s associated cost for each service task identified is specified in the Schedule of Deductions. In the event that the County finds, in a scheduled or random inspection, that the Contractor has not completed the services in accordance with the Contract requirements, monetary deductions will be made against monthly invoices in accordance with Schedule of Deductions section, Attachment C, Item B. The amount of the invoice deduction for an individual service shall not exceed the amount listed in the Schedule of Deductions and it will be subject to proration according to the inspection findings. Proration amount shall be determined upon mutual agreement between Facility Manager and Contractor. County reserves the right to deduct from the payments due or to become due to the Contractor for deficient performance. The amount of such deductions will be based on the extent of the unsatisfactory work. A copy of the inspection record with associated deduction calculation will be furnished to the Contractor. The Contractor shall have ten (10) calendar days to dispute a County claim of deficient performance. Contractor’s notification must be in writing and include Contractor’s rationale in disputing the County’s claim of deficient performance. The following performance standards shall be used to evaluate services: DAMP MOPPING Satisfactory when floor is free of dirt, dust soil, streaks and standing water. DUSTING Satisfactory when surface is free of all cobwebs, dirt, dust, lint and streaks. DUST MOPPING Satisfactory when floor is free of cobwebs, debris, dust and lint. GLASS CLEANING Satisfactory when surface is without film smudges or streaks and has a uniformly bright appearance. LIGHT FIXTURE CLEANING Satisfactory when fixture and lenses (covers) are free of dirt, dust, film insects, lint and streaks. POLICING Satisfactory when all random litter, such as candy wrappers, cigarette butts, papers and etc., has been removed. POLISHING Satisfactory when surface is without deposits, oily film...

Deficient Performance. Contractor shall maintain a log at the reception area to record deficiencies and corrections. The janitorial specifications and work schedule shall be maintained in the primary closet in a language understood by the Contractor’s employees. The Building Manager at each location and/or the Contract Coordinator shall inspect and judge the quality of the work. County reserves the right to deduct from payments due or to become due to the Contractor for incomplete or deficient performance. The amount of such deductions will be based on the extent of the unsatisfactory work and the cost factors established in the Contract. A copy of the inspection record with the associated deduction calculation will be furnished to the Contractor. Payment deductions are not an acceptable alternative to performance. Repetitive deductions will be sufficient grounds for remedial action including termination.

Deficient Performance. The Customer, by notice to JVCo, require a plan (“Corrective Action Plan”) to be prepared by JVCo in respect of the Services in accordance with the provisions of this paragraph 1 and each Service Specification depending upon the performance of the Services by JVCo in any monitoring period as measured in accordance with each Service Specification.

Deficient Performance. Liquidated Damages shall be applied to deficient performance and/or late completion. Parties hereto agree that it is impracticable or extremely difficult to determine actual damages the County shall sustain by reason of delay in performance. Therefore, Two Hundred Fifty Dollars ($250.00) will be deducted and withheld from payments due or to become due to Contractor for each calendar day work is incomplete beyond the scheduled day. Contractor shall be granted extension of time and shall not be assessed Liquidated Damages for delays caused by acts of God.