Common use of PERFORMANCE REQUIREMENTS SUMMARY Clause in Contracts

PERFORMANCE REQUIREMENTS SUMMARY. All listings of services used in the Performance Requirements Summary (PRS) (Attachment 2) are intended to be completely consistent with the Contract and the SOW, and are not meant in any case to create, extend, revise, or expand any obligation of Contractor beyond that defined in the Contract and the SOW. In any case of apparent inconsistency between services as stated in the Contract and the SOW and this PRS, the meaning apparent in the Contract and the SOW will prevail. If any service seems to be created in this PRS which is not clearly and forthrightly set forth in the Contract and the SOW, that apparent service will be null and void and place no requirement on Contractor. When the Contractor’s performance does not conform to the requirements of this Contract, the County will have the option to apply the following non-performance remedies:  Require Contractor to implement a formal corrective action plan, subject to approval by the County. In the plan, the Contractor must include reasons for the unacceptable performance, specific steps to return performance to an acceptable level, and monitoring methods to prevent recurrence.  Reduce payment to Contractor by a computed amount based on the damage fee(s) in the PRS.  Reduce, suspend or cancel this Contract for systematic, deliberate misrepresentations or unacceptable levels of performance.  Failure of the Contractor to comply with or satisfy the request(s) for improvement of performance or to perform the neglected work specified within five (5) days shall constitute authorization for the County to have the service(s) performed by others. The entire cost of such work performed by others as a consequence of the Contractor’s failure to perform said service(s), as determined by the County, shall be credited to the County on the Contractor’s future invoice. This section does not preclude the County’s right to terminate the contract upon ten (10) days written notice with or without cause, as provided for in Appendix A, Sample Contract, Paragraph 8, Terms and Conditions, Sub-paragraph 8.42, Termination for Convenience. Report Transmitted to Fax #: ( ) - Fax: ( ) - A contract discrepancy(s) is specified below. The contractor will take corrective action and respond back to ISD Custodial Division Contact Person identified above by the date required. Failure to take corrective action or respond to this Contract Discrepancy Report by the date specified may result in the deduction of damages. No. Contract Discrepancy Contractor’s Response County Use Only Date Correction Due Date Completed 1 2 3 4 SOW –Attachment 1 SOW Section: 2.0 Day and Hours of Work Contractor shall provide all services required by County in the shifts and hours specified in the Facility Specification Sheets. Inspection and Observation $100 per occurrence

PERFORMANCE REQUIREMENTS SUMMARY. All listings of services used in the Performance Requirements Summary (PRS) (Attachment 2) are intended to be completely consistent with the Contract and the SOWSOW , and are not meant in any case to create, extend, revise, or expand any obligation of Contractor beyond that defined in the Contract and the SOWSOW . In any case of apparent inconsistency between services as stated in the Contract and the SOW and this the PRS, the meaning apparent in the Contract and the SOW will prevail. If any service seems to be created in this the PRS which is not clearly and forthrightly set forth in the Contract and the SOWSOW , as determined by County, that apparent service will be null and void and place no requirement on Contractor. When W hen the Contractor’s performance does not conform to with the requirements of this any resulting Contract, the County will have the option to apply the following non-performance remedies:  • Require Contractor to implement a formal corrective action plan, subject to approval by the County. In the plan, the Contractor must include reasons for the unacceptable performance, specific steps to return performance to an acceptable level, and monitoring methods to prevent recurrence.  Reduce payment to Contractor by a computed amount based on the damage fee(s) in the PRS.  • Reduce, suspend or cancel this Contract for systematic, deliberate misrepresentations or unacceptable levels of performance.  • Failure of the Contractor to comply with or satisfy the request(s) for improvement of performance or to perform the neglected work specified within five ten (510) days shall constitute authorization for the County to have the service(s) performed by others. The entire cost of such work performed by others as a consequence of the Contractor’s failure to perform said service(s), as determined by the County, shall be credited to the County on the Contractor’s future invoice. • Consumer complaints may be used by County as a monitoring method to measure consumer satisfaction with Contractor's services. This section does not preclude the County’s right to terminate the contract upon ten thirty (1030) days written notice with or without cause, as provided for in Appendix A, Sample Contractthe Agreement, Paragraph 88.0, Standard Terms and Conditions, Sub-paragraph 8.42Paragraph 8.44, Termination for Convenience. Report Transmitted to Fax #: ( ) - Fax: ( ) - A contract discrepancy(s) is specified below. The contractor will take corrective action and respond back to ISD Custodial Division Contact Person identified above by the date required. Failure to take corrective action or respond to this Contract Discrepancy Report by the date specified may result in the deduction of damages. No. Contract Discrepancy Contractor’s Response County Use Only Date Correction Due Date Completed 1 2 3 4 SOW –Attachment 1 SOW Section: 2.0 Day and Hours of Work Contractor shall provide all services required by County in the shifts and hours specified in the Facility Specification Sheets. Inspection and Observation $100 per occurrence.