Common use of Performance of SUBRECIPIENT Clause in Contracts

Performance of SUBRECIPIENT. SUBRECIPIENT agrees to meet the performance standards listed in Attachment “A.” Administrator or SUBRECIPIENT may transfer units of service from one unit of service to another unit of service in Attachment “A” as long as the basic goals and objectives of the program are not altered, and prior written agreement is obtained by SUBRECIPIENT from Administrator. Administrator in its sole discretion may increase units of service in Attachment “A” as a result of a contingency cost increase. Administrator in its sole discretion may decrease units of service in Attachment “A” as a result of a contingency cost decrease. If, at the end of any third, sixth or ninth month, the reported units of service fall below 95% or above 110% of the contracted levels for Older Americans Act or Older Californians Act programs, COUNTY, in its sole discretion, may do any, or more than one, of the following: i. If Administrator determines that SUBRECIPIENT’s failure to provide the required levels of service poses an immediate risk to the health or safety of the older adult clients who should benefit from services provided by SUBRECIPIENT, and that the most effective method of protecting the interests of the older adults is to obtain the services described herein from another source, COUNTY may terminate this CONTRACT immediately in accordance with Paragraph K hereof and pursue all available legal remedies for breach of this CONTRACT, including, but not limited to, the return by SUBRECIPIENT of all funds paid by COUNTY to SUBRECIPIENT that were not expended in accordance with this CONTRACT. ii. If Administrator determines that SUBRECIPIENT’s failure to provide the required levels of service poses an immediate risk to the health or safety of the older adults who should benefit from services provided by SUBRECIPIENT, and that the most effective method of protecting the interests of the older adults is to require full performance by SUBRECIPIENT of its duties hereunder, COUNTY may seek such injunctive relief against SUBRECIPIENT as is appropriate and pursue all other available legal remedies for breach of this CONTRACT, including, but not limited to, the return by SUBRECIPIENT of all funds paid by COUNTY to SUBRECIPIENT that were not expended in accordance with this CONTRACT. iii. If the level of performance falls below the required levels for the California Department of Aging Standard Contract Terms and Conditions or 95% of the level(s) as specified in Attachment(s) “A” and/or “B”, Administrator may unilaterally reduce the funding available to SUBRECIPIENT under this CONTRACT to reflect the level of service actually provided by SUBRECIPIENT, and may unilaterally make concomitant adjustments in the funding amounts set forth in Paragraph 3 “A”, Maximum obligation of COUNTY and Attachments “A” and/or “B” of this CONTRACT. iv. Administrator may demand, and SUBRECIPIENT shall submit upon demand, a corrective action plan which shall include an analysis of the causes of the problem, specific actions to be taken to correct the problem, and a timetable for each such action. The corrective action plan is to be submitted to Administrator within ten (10) days of the end of October, January and April and is to be implemented during the succeeding three months. If CONTRATOR does not carry out the required corrective action within the time frame, COUNTY shall have the right, in its sole discretion, to take any, or more than one, of the following actions: a. Terminate this CONTRACT pursuant to Paragraph K hereof; b. Discontinue program support until such time as SUBRECIPIENT complies with the corrective action plan; c. Seek appropriate injunctive relief; d. Collect from SUBRECIPIENT all funds paid by COUNTY to SUBRECIPIENT that were not expended in accordance with this CONTRACT; e. Collect from SUBRECIPIENT damages for breach of this CONTRACT; f. Reduce the funding available to or hereunder; or g. Pursue any other available legal or equitable remedy against SUBRECIPIENT. Within five (5) days of demand therefore, SUBRECIPIENT shall repay to COUNTY all funds paid by COUNTY to SUBRECIPIENT that were not expended in accordance with this CONTRACT.

Performance of SUBRECIPIENT. SUBRECIPIENT agrees to meet the performance standards listed in Attachment “A.A-1.” Administrator or SUBRECIPIENT may transfer units of service from one unit of service to another unit of service in Attachment “AA-1” as long as the basic goals and objectives of the program are not altered, and prior written agreement is obtained by SUBRECIPIENT from Administrator. Administrator in its sole discretion may increase units of service in Attachment “AA-1” as a result of a contingency cost increase. Administrator in its sole discretion may decrease units of service in Attachment “AA-1” as a result of a contingency cost decrease. If, at the end of any third, sixth or ninth month, the reported units of service fall below 95% or above 110% of the contracted levels for Older Americans Act or Older Californians Act programs, COUNTY, in its sole discretion, may do any, or more than one, of the following: i. If Administrator determines that SUBRECIPIENT’s failure to provide the required levels of service poses an immediate risk to the health or safety of the older adult clients who should benefit from services provided by SUBRECIPIENT, and that the most effective method of protecting the interests of the older adults is to obtain the services described herein from another source, COUNTY may terminate this CONTRACT immediately in accordance with Paragraph K hereof and pursue all available legal remedies for breach of this CONTRACT, including, but not limited to, the return by SUBRECIPIENT of all funds paid by COUNTY to SUBRECIPIENT that were not expended in accordance with this CONTRACT. ii. If Administrator determines that SUBRECIPIENT’s failure to provide the required levels of service poses an immediate risk to the health or safety of the older adults who should benefit from services provided by SUBRECIPIENT, and that the most effective method of protecting the interests of the older adults is to require full performance by SUBRECIPIENT of its duties hereunder, COUNTY may seek such injunctive relief against SUBRECIPIENT as is appropriate and pursue all other available legal remedies for breach of this CONTRACT, including, but not limited to, the return by SUBRECIPIENT of all funds paid by COUNTY to SUBRECIPIENT that were not expended in accordance with this CONTRACT. iii. If the level of performance falls below the required levels for the California Department of Aging Standard Contract Terms and Conditions or 95% of the level(s) as specified in Attachment(s) “AA-1” and/or “BB-1”, Administrator may unilaterally reduce the funding available to SUBRECIPIENT under this CONTRACT to reflect the level of service actually provided by SUBRECIPIENT, and may unilaterally make concomitant adjustments in the funding amounts set forth in Paragraph 3 “A”, Maximum obligation of COUNTY and Attachments “AA-1” and/or “BB-1” of this CONTRACT. iv. Administrator may demand, and SUBRECIPIENT shall submit upon demand, a corrective action plan which shall include an analysis of the causes of the problem, specific actions to be taken to correct the problem, and a timetable for each such action. The corrective action plan is to be submitted to Administrator within ten (10) days of the end of October, January and April and is to be implemented during the succeeding three months. If CONTRATOR does not carry out the required corrective action within the time frame, COUNTY shall have the right, in its sole discretion, to take any, or more than one, of the following actions: a. Terminate this CONTRACT pursuant to Paragraph K hereof; b. Discontinue program support until such time as SUBRECIPIENT complies with the corrective action plan; c. Seek appropriate injunctive relief; d. Collect from SUBRECIPIENT all funds paid by COUNTY to SUBRECIPIENT that were not expended in accordance with this CONTRACT; e. Collect from SUBRECIPIENT damages for breach of this CONTRACT; f. Reduce the funding available to or hereunder; or g. Pursue any other available legal or equitable remedy against SUBRECIPIENT. Within five (5) days of demand therefore, SUBRECIPIENT shall repay to COUNTY all funds paid by COUNTY to SUBRECIPIENT that were not expended in accordance with this CONTRACT.

Performance of SUBRECIPIENT. SUBRECIPIENT agrees to meet the performance standards listed in Attachment “A.” Administrator or SUBRECIPIENT may transfer units of service from one unit of service to another unit of service in Attachment “A” as long as the basic goals and objectives of the program are not altered, and prior written agreement is obtained by SUBRECIPIENT from Administrator. Administrator in its sole discretion may increase units of service in Attachment “A” as a result of a contingency cost increase. Administrator in its sole discretion may decrease units of service in Attachment “A” as a result of a contingency cost decrease. If, at the end of any third, sixth or ninth month, the reported units of service fall below 95% or above 110% of the contracted levels for Older Americans Act or Older Californians Act programs, COUNTY, in its sole discretion, may do any, or more than one, of the following: i. If Administrator determines that SUBRECIPIENT’s failure to provide the required levels of service poses an immediate risk to the health or safety of the older adult clients who should benefit from services provided by SUBRECIPIENT, and that the most effective method of protecting the interests of the older adults is to obtain the services described herein from another source, COUNTY may terminate this CONTRACT immediately in accordance with Paragraph K hereof and pursue all available legal remedies for breach of this CONTRACT, including, but not limited to, the return by SUBRECIPIENT of all funds paid by COUNTY to SUBRECIPIENT that were not expended in accordance with this CONTRACT. ii. If Administrator determines that SUBRECIPIENT’s failure to provide the required levels of service poses an immediate risk to the health or safety of the older adults who should benefit from services provided by SUBRECIPIENT, and that the most effective method of protecting the interests of the older adults is to require full performance by SUBRECIPIENT of its duties hereunder, COUNTY may seek such injunctive relief against SUBRECIPIENT as is appropriate and pursue all other available legal remedies for breach of this CONTRACT, including, but not limited to, the return by SUBRECIPIENT of all funds paid by COUNTY to SUBRECIPIENT that were not expended in accordance with this CONTRACT. iii. If the level of performance falls below the required levels for the California Department of Aging Standard Contract Terms and Conditions or 95% of the level(s) as specified in Attachment(s) “A” and/or “BB-1”, Administrator may unilaterally reduce the funding available to SUBRECIPIENT under this CONTRACT to reflect the level of service actually provided by SUBRECIPIENT, and may unilaterally make concomitant adjustments in the funding amounts set forth in Paragraph 3 “A”, Maximum obligation of COUNTY and Attachments “A” and/or “BB-1” of this CONTRACT. iv. Administrator may demand, and SUBRECIPIENT shall submit upon demand, a corrective action plan which shall include an analysis of the causes of the problem, specific actions to be taken to correct the problem, and a timetable for each such action. The corrective action plan is to be submitted to Administrator within ten (10) days of the end of October, January and April and is to be implemented during the succeeding three months. If CONTRATOR does not carry out the required corrective action within the time frame, COUNTY shall have the right, in its sole discretion, to take any, or more than one, of the following actions: a. Terminate this CONTRACT pursuant to Paragraph K hereof; b. Discontinue program support until such time as SUBRECIPIENT complies with the corrective action plan; c. Seek appropriate injunctive relief; d. Collect from SUBRECIPIENT all funds paid by COUNTY to SUBRECIPIENT that were not expended in accordance with this CONTRACT; e. Collect from SUBRECIPIENT damages for breach of this CONTRACT; f. Reduce the funding available to or hereunder; or g. Pursue any other available legal or equitable remedy against SUBRECIPIENT. Within five (5) days of demand therefore, SUBRECIPIENT shall repay to COUNTY all funds paid by COUNTY to SUBRECIPIENT that were not expended in accordance with this CONTRACT.

Performance of SUBRECIPIENT. SUBRECIPIENT agrees to meet the performance standards listed in Attachment “A.E.” Administrator COUNTY or SUBRECIPIENT may transfer units of service from one unit of service to another unit of service in Attachment “A” as long as the basic goals and objectives of the program are not altered, and prior written agreement is obtained by SUBRECIPIENT from AdministratorCONTRACT ADMINISTRATOR. Administrator COUNTY in its sole discretion may increase units of service in Attachment “A” as a result of a contingency cost increase. Administrator COUNTY in its sole discretion may decrease units of service in Attachment “A” as a result of a contingency cost decrease. If, at the end of any third, sixth or ninth month, the reported units of service fall below 95% or above 110% of the contracted levels for Older Americans Act or Older Californians Act programs, COUNTY, in its sole discretion, may do any, or more than one, of the following: i. If Administrator COUNTY determines that SUBRECIPIENT’s failure to provide the required levels of service poses an immediate risk to the health or safety of the older adult clients who should benefit from services provided by SUBRECIPIENT, and that the most effective method of protecting the interests of the older adults is to obtain the services described herein from another source, COUNTY may terminate this CONTRACT immediately in accordance with Paragraph K hereof and pursue all available legal remedies for breach of this CONTRACT, including, but not limited to, the return by SUBRECIPIENT of all funds paid by COUNTY to SUBRECIPIENT that were not expended in accordance with this CONTRACT. ii. If Administrator COUNTY determines that SUBRECIPIENT’s failure to provide the required levels of service poses an immediate risk to the health or safety of the older adults who should benefit from services provided by SUBRECIPIENT, and that the most effective method of protecting the interests of the older adults is to require full performance by SUBRECIPIENT of its duties hereunder, COUNTY may seek such injunctive relief against SUBRECIPIENT as is appropriate and pursue all other available legal remedies for breach of this CONTRACT, including, but not limited to, the return by SUBRECIPIENT of all funds paid by COUNTY to SUBRECIPIENT that were not expended in accordance with this CONTRACT. iii. If the level of performance falls below the required levels for the California Department of Aging Standard Contract Terms and Conditions or 95% of the level(s) as specified in Attachment(s) “A” and/or “BC”, Administrator COUNTY may unilaterally reduce the funding available to SUBRECIPIENT under this CONTRACT to reflect the level of service actually provided by SUBRECIPIENT, and may unilaterally make concomitant adjustments in the funding amounts set forth in Paragraph 3 “A”, 4 Maximum obligation of COUNTY and Attachments “A” and/or “BC” of this CONTRACT. iv. Administrator COUNTY may demand, and SUBRECIPIENT shall submit upon demand, a corrective action plan which shall include an analysis of the causes of the problem, specific actions to be taken to correct the problem, and a timetable for each such action. The corrective action plan is to be submitted to Administrator COUNTY within ten (10) days of the end of OctoberSeptember, January December and April March and is to be implemented during the succeeding three months. If CONTRATOR does not carry out the required corrective action within the time frame, COUNTY shall have the right, in its sole discretion, to take any, or more than one, of the following actions: a. Terminate this CONTRACT pursuant to Paragraph K hereof; b. Discontinue program support until such time as SUBRECIPIENT complies with the corrective action plan; c. Seek appropriate injunctive relief; d. Collect from SUBRECIPIENT all funds paid by COUNTY to SUBRECIPIENT that were not expended in accordance with this CONTRACT; e. Collect from SUBRECIPIENT damages for breach of this CONTRACT; f. Reduce the funding available to or hereunder; or g. Pursue any other available legal or equitable remedy against SUBRECIPIENT. Within five (5) days of demand therefore, SUBRECIPIENT shall repay to COUNTY all funds paid by COUNTY to SUBRECIPIENT that were not expended in accordance with this CONTRACT.

Performance of SUBRECIPIENT. SUBRECIPIENT agrees to meet the performance standards listed in Attachment “A.E.” Administrator COUNTY or SUBRECIPIENT may transfer units of service from one unit of service to another unit of service in Attachment “AA-32” as long as the basic goals and objectives of the program are not altered, and prior written agreement is obtained by SUBRECIPIENT from AdministratorCONTRACT ADMINISTRATOR. Administrator COUNTY in its sole discretion may increase units of service in Attachment “AA32” as a result of a contingency cost increase. Administrator COUNTY in its sole discretion may decrease units of service in Attachment “AA-32” as a result of a contingency cost decrease. If, at the end of any third, sixth or ninth month, the reported units of service fall below 95% or above 110% of the contracted levels for Older Americans Act or Older Californians Act programs, COUNTY, in its sole discretion, may do any, or more than one, of the following: i. If Administrator COUNTY determines that SUBRECIPIENT’s failure to provide the required levels of service poses an immediate risk to the health or safety of the older adult clients who should benefit from services provided by SUBRECIPIENT, and that the most effective method of protecting the interests of the older adults is to obtain the services described herein from another source, COUNTY may terminate this CONTRACT immediately in accordance with Paragraph K hereof and pursue all available legal remedies for breach of this CONTRACT, including, but not limited to, the return by SUBRECIPIENT of all funds paid by COUNTY to SUBRECIPIENT that were not expended in accordance with this CONTRACT. ii. If Administrator COUNTY determines that SUBRECIPIENT’s failure to provide the required levels of service poses an immediate risk to the health or safety of the older adults who should benefit from services provided by SUBRECIPIENT, and that the most effective method of protecting the interests of the older adults is to require full performance by SUBRECIPIENT of its duties hereunder, COUNTY may seek such injunctive relief against SUBRECIPIENT as is appropriate and pursue all other available legal remedies for breach of this CONTRACT, including, but not limited to, the return by SUBRECIPIENT of all funds paid by COUNTY to SUBRECIPIENT that were not expended in accordance with this CONTRACT. iii. If the level of performance falls below the required levels for the California Department of Aging Standard Contract Terms and Conditions or 95% of the level(s) as specified in Attachment(s) “AA-32” and/or “BC32”, Administrator COUNTY may unilaterally reduce the funding available to SUBRECIPIENT under this CONTRACT to reflect the level of service actually provided by SUBRECIPIENT, and may unilaterally make concomitant adjustments in the funding amounts set forth in Paragraph 3 “A”, 4 Maximum obligation of COUNTY and Attachments “AA-32” and/or “BC-32” of this CONTRACT. iv. Administrator COUNTY may demand, and SUBRECIPIENT shall submit upon demand, a corrective action plan which shall include an analysis of the causes of the problem, specific actions to be taken to correct the problem, and a timetable for each such action. The corrective action plan is to be submitted to Administrator COUNTY within ten (10) days of the end of OctoberSeptember, January December and April March and is to be implemented during the succeeding three months. If CONTRATOR does not carry out the required corrective action within the time frame, COUNTY shall have the right, in its sole discretion, to take any, or more than one, of the following actions: a. Terminate this CONTRACT pursuant to Paragraph K hereof; b. Discontinue program support until such time as SUBRECIPIENT complies with the corrective action plan; c. Seek appropriate injunctive relief; d. Collect from SUBRECIPIENT all funds paid by COUNTY to SUBRECIPIENT that were not expended in accordance with this CONTRACT; e. Collect from SUBRECIPIENT damages for breach of this CONTRACT; f. Reduce the funding available to or hereunder; or g. Pursue any other available legal or equitable remedy against SUBRECIPIENT. Within five (5) days of demand therefore, SUBRECIPIENT shall repay to COUNTY all funds paid by COUNTY to SUBRECIPIENT that were not expended in accordance with this CONTRACT.