Common use of Liquidated Damages Regarding Unmet Performance Measures Clause in Contracts

Liquidated Damages Regarding Unmet Performance Measures. 1. System Agency will conduct an annual analysis 45 calendar days following the close of each fiscal year for all performance measures in accordance with the Grant Agreement. The fiscal year starts September 1st of each year and ends August 31st of each year. 2. Performance measures documented immediately below in Section 29.E.3. that do not meet at least 70% of the annual goal will result in liquidated damages as set forth in Section 34.E.4. below. 3. System Agency shall apply liquidated damages for substandard performance to the following Performance Measures for each Prevention program ID. The liquidated damages shall be enforced upon annual performance measures not meeting 70% of the fiscal year cumulative performance goal. 1. Number of in-kind hours of volunteer work from community members. 2. Number of adults participating in coalition activities. 3. Number of youth participating in coalition activities. 1. Number of voluntary compliance checks successfully conducted on-site with tobacco retailers. 2. Number of times that local, county, or regional data is shared. 1. Number of unduplicated youth receiving prevention education/skills training per year (approved evidence-based curriculum) 2. Number of unduplicated adults receiving prevention education/skills training per year (approved evidence-based curriculum) 3. Number of youth in positive alternatives conducted per month 4. Number of youth attending prevention/behavioral health promotion presentations 4. The System Agency shall recoup a for the fiscal year. The liquidated damages amounts will be calculated according to the following formula: L=[0.001T(70-P)] (E/T) L: total liquidated damages amount in dollars, T: total program ID HHSC Share amount, P: percentage below 70% multiplied by 100 (to give a whole number rather than percentage) rounded to the nearest whole number, and E: total program ID funds expended over the fiscal year. The calculation result is the liquidated damage amount to be recouped. The liquidated damages amount will increase as the percentage of measures goal goes down [data for P, ref. above] and is mitigated based on percentage of funds expended. Per this formula the absolute maximum liquidated damages in the event of 100% funds expenditure with zero services provided for the designated measures, would be 7% of the total contract value.

Liquidated Damages Regarding Unmet Performance Measures. 1. System Agency will conduct an annual analysis 45 calendar days following the close of each fiscal year for all performance measures in accordance with the Grant Agreement. The fiscal year starts September 1st of each year and ends August 31st of each year. 2. Performance measures documented immediately below in Section 29.E.3. that do not meet at least 70% of the annual goal will result in liquidated damages as set forth in Section 34.E.4. below. 3. System Agency shall apply liquidated damages for substandard performance to the following Performance Measures for each Prevention program ID. The liquidated damages shall be enforced upon annual performance measures not meeting 70% of the fiscal year cumulative performance goal. 1. Number of in-kind hours of volunteer work from community members. 2. Number of adults participating in coalition activities. 3. Number of youth participating in coalition activities. 1. Number of voluntary compliance checks successfully conducted on-site with tobacco retailers. 2. Number of times that local, county, or regional data is shared. 1. Number of unduplicated youth receiving prevention education/skills training per year (approved evidence-based curriculum) 2. Number of unduplicated adults receiving prevention education/skills training per year (approved evidence-based curriculum) 3. Number of youth in positive alternatives conducted per month 4. Number of presentations youth attending prevention/behavioral health promotion presentationspromotion 4. The System Agency shall recoup a for the fiscal year. The liquidated damages amounts will be calculated according to the following formula: L=[0.001T(70-P)] (E/T) L: total liquidated damages amount in dollars, T: total program ID HHSC Share amount, P: percentage below 70% multiplied by 100 (to give a whole number rather than percentage) rounded to the nearest whole number, and E: total program ID funds expended over the fiscal year. The calculation result is the liquidated damage amount to be recouped. The liquidated damages amount will increase as the percentage of measures goal goes down [data for P, ref. above] and is mitigated based on percentage of funds expended. Per this formula the absolute maximum liquidated damages in the event of 100% funds expenditure with zero services provided for the designated measures, would be 7% of the total contract value.