Performance Standards. Subrecipient shall comply with and adhere to the performance accountability standards and general program requirements defined in Attachment A and applicable regulations. Should the Performance Requirements defined in the Agreement between the State of California and the County of Orange be changed, County shall have the right to unilaterally modify this Contract to meet such requirements. A. Accepted professional standards. The performance of work and Services pursuant to this Contract by Subrecipient and its subcontractor’s, if any, shall conform to accepted professional standards associated with all Services provided under this Contract. Subrecipient shall resolve all issues regarding the performance of Subrecipient and its subcontractor’s, if any, under this Contract using good administrative practices and sound judgment. Subrecipient shall be accountable to County for the proper use of funds provided to Subrecipient pursuant to this Contract and for the performance of all work and Services pursuant to this Contract. B. Performance of Subrecipient. Subrecipient agrees to meet the performance standards listed in Attachment E. 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 E as a result of a contingency cost increase. Administrator in its sole discretion may decrease units of service in Attachment E 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 E, 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 the Budget Schedule Attachment C of this Contract. iv. Administrator may demand, and Subrecipient shall submit upon demand, a corrective action plan that 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 request from County and implemented in the required time frame. If Subrecipient does not carry out the required corrective action within the designated 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. C. Reporting requirements i. Subrecipient will be required to submit records, statistical information, financial reports, and program information in electronic or paper format as required by the County of Orange OoA. ii. Subrecipient shall retain all collected data for the periods specified in Paragraph 46 of this Contract. County has the right to review this documentation at any time during normal business hours. iii. County reserves the right to withhold payment or to terminate this Contract for nonconformance with data collection and reporting requirements. iv. Subrecipient is required to collect and report program data to OoA, including if applicable, properly registering every client receiving services under this Contract, in compliance with the data reporting system required by the California Department of Aging. v. Data shall be collected by Subrecipient every time a service is delivered to a registered client. Data shall be reported to OoA monthly, or as designated by Administrator. vi. Subrecipient will also be required to submit to OoA other records, statistical information, financial reports, invoices, and program information in electronic or paper format by the 10th of every month unless otherwise authorized by Administrator. vii. If County-provided data collection equipment is provided; Subrecipient must maintain such equipment in a secure office environment. viii. Within 10 days of award of this Contract the Subrecipient must inform the OoA of the designated primary and one back-up staff member who will be responsible for “a” through “e” below. The Subrecipient must inform the OoA within 72 hours of any changes to this designation. New designee(s) will comply with systems training as designated by OoA. a. Supervising the collection of, or collecting data from this program; b. Compiling collected data and reconciling it to data collected; c. Recording collected data in a format required by OoA, using an application required by OoA; d. Distributing forms and reports to the responsible person and collecting completed forms; and e. As required, completing all required OoA/CDA forms. ix. Computer Interface Capability: Subrecipient’s computer must meet the minimum hardware/software requirements specified by the vendor that is contracted with the OoA to provide the required CDA reporting data, if required by Administrator. Subrecipient must also maintain computer hardware/software that is able to send and receive email and attachments from Administrator. x. Failure to comply with any portion of the system requirements as herein described violates the instructions and specifications of the California Department of Aging Terms and Conditions as required by the State and County. County reserves the right to withhold payment or to terminate this Contract for nonconformance with data collection and reporting requirements.
Appears in 10 contracts
Samples: Contract for Services, Legal Assistance Services Agreement, Family Caregiver Support Services Agreement
Performance Standards. Subrecipient Contractor shall comply with and adhere to the performance accountability standards and general program requirements defined in Attachment A and applicable regulations. Should the Performance Requirements defined in the Agreement between the State of California and the County of Orange be changed, County shall have the right to unilaterally modify this Contract to meet such requirements.
A. Accepted professional standards. The performance of work and Services pursuant to this Contract by Subrecipient Contractor and its subcontractor’s, if any, shall conform to accepted professional standards associated with all Services provided under this Contract. Subrecipient Contractor shall resolve all issues regarding the performance of Subrecipient Contractor and its subcontractor’s, if any, under this Contract using good administrative practices and sound judgment. Subrecipient Contractor shall be accountable to County for the proper use of funds provided to Subrecipient Contractor pursuant to this Contract and for the performance of all work and Services pursuant to this Contract.
B. Performance of SubrecipientContractor. Subrecipient Contractor agrees to meet the performance standards listed in Attachment E. Administrator or Subrecipient Contractor 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 Contractor from Administrator. Administrator in its sole discretion may increase units of Service in Attachment E as a result of a contingency cost increase. Administrator in its sole discretion may decrease units of service in Attachment E 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 SubrecipientContractor’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 SubrecipientContractor, 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 Contractor of all funds paid by County to Subrecipient Contractor that were not expended in accordance with this Contract.
ii. If Administrator determines that SubrecipientContractor’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 SubrecipientContractor, and that the most effective method of protecting the interests of the older adults is to require full performance by Subrecipient Contractor of its duties hereunder, County may seek such injunctive relief against Subrecipient Contractor as is appropriate and pursue all other available legal remedies for breach of this Contract, including, but not limited to, the return by Subrecipient Contractor of all funds paid by County to Subrecipient Contractor 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 E, Administrator may unilaterally reduce the funding available to Subrecipient Contractor under this Contract to reflect the level of service actually provided by SubrecipientContractor, and may unilaterally make concomitant adjustments in the funding amounts set forth in the Budget Schedule Attachment C of this Contract.
iv. Administrator may demand, and Subrecipient Contractor shall submit upon demand, a corrective action plan that 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 request from County and implemented in the required time frame. If Subrecipient Contractor does not carry out the required corrective action within the designated 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 Contractor complies with the corrective action plan;
c. Seek appropriate injunctive relief;
d. Collect from Subrecipient Contractor all funds paid by County to Subrecipient Contractor that were not expended in accordance with this Contract;
e. Collect from Subrecipient Contractor 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 SubrecipientContractor. Within five (5) days of demand therefore, Subrecipient Contractor shall repay to County all funds paid by County to Subrecipient Contractor that were not expended in accordance with this Contract.
C. Reporting requirements
i. Subrecipient will be required to submit records, statistical information, financial reports, and program information in electronic or paper format as required by the County of Orange OoA.
ii. Subrecipient shall retain all collected data for the periods specified in Paragraph 46 of this Contract. County has the right to review this documentation at any time during normal business hours.
iii. County reserves the right to withhold payment or to terminate this Contract for nonconformance with data collection and reporting requirements.
iv. Subrecipient is required to collect and report program data to OoA, including if applicable, properly registering every client receiving services under this Contract, in compliance with the data reporting system required by the California Department of Aging.
v. Data shall be collected by Subrecipient every time a service is delivered to a registered client. Data shall be reported to OoA monthly, or as designated by Administrator.
vi. Subrecipient will also be required to submit to OoA other records, statistical information, financial reports, invoices, and program information in electronic or paper format by the 10th of every month unless otherwise authorized by Administrator.
vii. If County-provided data collection equipment is provided; Subrecipient must maintain such equipment in a secure office environment.
viii. Within 10 days of award of this Contract the Subrecipient must inform the OoA of the designated primary and one back-up staff member who will be responsible for “a” through “e” below. The Subrecipient must inform the OoA within 72 hours of any changes to this designation. New designee(s) will comply with systems training as designated by OoA.
a. Supervising the collection of, or collecting data from this program;
b. Compiling collected data and reconciling it to data collected;
c. Recording collected data in a format required by OoA, using an application required by OoA;
d. Distributing forms and reports to the responsible person and collecting completed forms; and
e. As required, completing all required OoA/CDA forms.
ix. Computer Interface Capability: Subrecipient’s computer must meet the minimum hardware/software requirements specified by the vendor that is contracted with the OoA to provide the required CDA reporting data, if required by Administrator. Subrecipient must also maintain computer hardware/software that is able to send and receive email and attachments from Administrator.
x. Failure to comply with any portion of the system requirements as herein described violates the instructions and specifications of the California Department of Aging Terms and Conditions as required by the State and County. County reserves the right to withhold payment or to terminate this Contract for nonconformance with data collection and reporting requirements.
Appears in 7 contracts
Samples: Legal Assistance Services Agreement, Contract for Services, Legal Assistance Services Agreement
Performance Standards. Subrecipient shall comply with and adhere to the performance accountability standards and general program requirements defined in Attachment A and applicable regulations. Should the Performance Requirements defined in the Agreement between the State of California and the County of Orange be changed, County shall have the right to unilaterally modify this Contract to meet such requirements.
A. Accepted professional standards. The performance of work and Services pursuant to this Contract by Subrecipient and its subcontractor’s, if any, shall conform to accepted professional standards associated with all Services provided under this Contract. Subrecipient shall resolve all issues regarding the performance of Subrecipient and its subcontractor’s, if any, under this Contract using good administrative practices and sound judgment. Subrecipient shall be accountable to County for the proper use of funds provided to Subrecipient pursuant to this Contract and for the performance of all work and Services pursuant to this Contract.
B. Performance of Subrecipient. Subrecipient agrees to meet the performance standards listed in Attachment E. 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 E as a result of a contingency cost increase. Administrator in its sole discretion may decrease units of service in Attachment E 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 E, 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 the Budget Schedule Attachment C of this Contract.
iv. Administrator may demand, and Subrecipient shall submit upon demand, a corrective action plan that 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 request from County and implemented in the required time frame. If Subrecipient does not carry out the required corrective action within the designated 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.
C. Reporting requirements
i. Subrecipient will be required to submit records, statistical information, financial reports, and program information in electronic or paper format as required by the County of Orange OoA.
ii. Subrecipient shall retain all collected data for the periods specified in Paragraph 46 of this Contract. County has the right to review this documentation at any time during normal business hours.
iii. County reserves the right to withhold payment or to terminate this Contract for nonconformance with data collection and reporting requirements.
iv. Subrecipient is required to collect and report program data to OoA, including if applicable, properly registering every client receiving services under this Contract, in compliance with the data reporting system required by the California Department of Aging.
v. Data shall be collected by Subrecipient every time a service is delivered to a registered client. Data shall be reported to OoA monthly, or as designated by Administrator.
vi. Subrecipient will also be required to submit to OoA other records, statistical information, financial reports, invoices, and program information in electronic or paper format by the 10th of every month unless otherwise authorized by Administrator.
vii. If County-provided data collection equipment is provided; Subrecipient must maintain such equipment in a secure office environment.
viii. Within 10 days of award of this Contract the Subrecipient must inform the OoA of the designated primary and one back-up staff member who will be responsible for “a” through “e” below. The Subrecipient must inform the OoA within 72 hours of any changes to this designation. New designee(s) will comply with systems training as designated by OoA.
a. Supervising the collection of, or collecting data from this program;
b. Compiling collected data and reconciling it to data collected;
c. Recording collected data in a format required by OoA, using an application required by OoA;
d. Distributing forms and reports to the responsible person and collecting completed forms; and
e. As required, completing all required OoA/CDA forms.
ix. Computer Interface Capability: Subrecipient’s computer must meet the minimum hardware/software requirements specified by the vendor that is contracted with the OoA to provide the required CDA reporting data, if required by Administrator. Subrecipient must also maintain computer hardware/software that is able to send and receive email and attachments from Administrator.
x. Failure to comply with any portion of the system requirements as herein described violates the instructions and specifications of the California Department of Aging Terms and Conditions as required by the State and County. County reserves the right to withhold payment or to terminate this Contract for nonconformance with data collection and reporting requirements.
Appears in 4 contracts
Samples: Title v Senior Community Service Employment Program (Scsep) Agreement, Title v Senior Community Service Employment Program (Scsep) Agreement, Title v Senior Community Service Employment Program (Scsep) Agreement
Performance Standards. Subrecipient shall comply with and adhere to the performance accountability standards and general program requirements defined in Attachment A and applicable regulations. Should the Performance Requirements defined in the Agreement between the State of California and the County of Orange be changed, County shall have the right to unilaterally modify this Contract to meet such requirements.
A. Accepted professional standards. The performance of work and Services services pursuant to this Contract by Subrecipient and its subcontractor’s, if any, shall conform to accepted professional standards associated with all Services services provided under this Contract. Subrecipient shall resolve all issues regarding the performance of Subrecipient and its subcontractor’s, if any, under this Contract using good administrative practices and sound judgment. Subrecipient shall be accountable to County for the proper use of funds provided to Subrecipient pursuant to this Contract and for the performance of all work and Services services pursuant to this Contract.
B. Performance of Subrecipient. Subrecipient agrees to meet the performance standards listed in Attachment E. Administrator or Subrecipient may transfer units of Service service from one unit of Service service to another unit of Service service in Attachment “A” E 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 service in Attachment E as a result of a contingency cost increase. Administrator in its sole discretion may decrease units of service in Attachment E 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 service poses an immediate risk to the health or safety of the older adult clients who should benefit from Services services provided by Subrecipient, and that the most effective method of protecting the interests of the older adults is to obtain the Services 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 E, 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 the Budget Schedule Schedule(s) Attachment C of this Contract.
iv. Administrator may demand, and Subrecipient shall submit upon demand, a corrective action plan that 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 request from County end of October, January and April and is to be implemented in during the required time framesucceeding three months. If Subrecipient does not carry out the required corrective action within the designated 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.
C. Reporting requirements
i. Subrecipient will be required to submit records, statistical information, financial reports, and program information in electronic or paper format as required by the County of Orange OoA.County.
ii. Subrecipient shall retain all collected data for the periods specified in Paragraph 46 Attachment A of this Contract. County has the right to review this documentation at any time during normal business hours.
iii. County reserves the right to withhold payment or to terminate this Contract for nonconformance with data collection and reporting requirements.
iv. Subrecipient is required to collect and report program data to OoACounty, including if applicable, applicable properly registering every client receiving services under this Contract, in compliance with the data reporting system required by the California Department of Aging.
v. Data shall be collected by Subrecipient every time a service is delivered to a registered client. Data shall be reported to OoA County monthly, or as designated by Administrator.
vi. Subrecipient will also be required to submit to OoA County other records, statistical information, financial reports, invoices, and program information in electronic or paper format by the 10th of every month unless otherwise authorized by Administrator.
vii. If County-provided data collection equipment is provided; Subrecipient must maintain such equipment in a secure office environment.
viii. Within 10 days of award of this Contract the Subrecipient must inform the OoA County of the designated primary and one back-up staff member who will be responsible for “a” through “e” below. The Subrecipient must inform the OoA County within 72 hours of any changes to this designation. New designee(s) will comply with systems training as designated by OoA.County.
a. Supervising the collection of, or collecting data from this program;
b. Compiling collected data and reconciling it to data collected;
c. Recording collected data in a format required by OoACounty, using an application required by OoACounty;
d. Distributing forms and reports to the responsible person and collecting completed forms; and
e. As required, completing all required OoACounty/CDA forms.
ix. Computer Interface Capability: Subrecipient’s computer must meet the minimum hardware/software requirements specified by the vendor that is contracted with the OoA County to provide the required CDA reporting data, if required by Administrator. Subrecipient must also maintain computer hardware/software that is able to send and receive email and attachments from Administrator.
x. Failure to comply with any portion of the system requirements as herein described violates the instructions and specifications of the California Department of Aging Terms and Conditions as required by the State and County. County reserves the right to withhold payment or to terminate this Contract for nonconformance with data collection and reporting requirements.
Appears in 4 contracts
Samples: Adult Day Care Services Agreement, Elderly Nutrition Program Services Agreement, Adult Day Care Services and Elderly Nutrition Program Services Agreement
Performance Standards. Subrecipient shall comply with and adhere to the performance accountability standards and general program requirements defined in Attachment A and applicable regulations. Should the Performance Requirements defined in the Agreement between the State of California and the County of Orange be changed, County shall have the right to unilaterally modify this Contract to meet such requirements.
A. Accepted professional standards. The performance of work and Services services pursuant to this Contract by Subrecipient and its subcontractor’s, if any, shall conform to accepted professional standards associated with all Services services provided under this Contract. Subrecipient shall resolve all issues regarding the performance of Subrecipient and its subcontractor’s, if any, under this Contract using good administrative practices and sound judgment. Subrecipient shall be accountable to County for the proper use of funds provided to Subrecipient pursuant to this Contract and for the performance of all work and Services services pursuant to this Contract.
B. Performance of Subrecipient. Subrecipient agrees to meet the performance standards listed in Attachment E. Administrator or Subrecipient may transfer units of Service service from one unit of Service service to another unit of Service service in Attachment “A” E 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 E as a result of a contingency cost increase. Administrator in its sole discretion may decrease units of service in Attachment E 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 service poses an immediate risk to the health or safety of the older adult clients who should benefit from Services services provided by Subrecipient, and that the most effective method of protecting the interests of the older adults is to obtain the Services 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 E, 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 the Budget Schedule Schedule(s) Attachment C of this Contract.
iv. Administrator may demand, and Subrecipient shall submit upon demand, a corrective action plan that 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 request from County end of October, January and April and is to be implemented in during the required time framesucceeding three months. If Subrecipient does not carry out the required corrective action within the designated 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.
C. Reporting requirements
i. Subrecipient will be required to submit records, statistical information, financial reports, and program information in electronic or paper format as required by the County of Orange OoA.County.
ii. Subrecipient shall retain all collected data for the periods specified in Paragraph 46 Attachment A of this Contract. County has the right to review this documentation at any time during normal business hours.
iii. County reserves the right to withhold payment or to terminate this Contract for nonconformance with data collection and reporting requirements.
iv. Subrecipient is required to collect and report program data to OoACounty, including if applicable, applicable properly registering every client receiving services under this Contract, in compliance with the data reporting system required by the California Department of Aging.
v. Data shall be collected by Subrecipient every time a service is delivered to a registered client. Data shall be reported to OoA County monthly, or as designated by Administrator.
vi. Subrecipient will also be required to submit to OoA County other records, statistical information, financial reports, invoices, and program information in electronic or paper format by the 10th of every month unless otherwise authorized by Administrator.
vii. If County-provided data collection equipment is provided; Subrecipient must maintain such equipment in a secure office environment.
viii. Within 10 days of award of this Contract the Subrecipient must inform the OoA County of the designated primary and one back-up staff member who will be responsible for “a” through “e” below. The Subrecipient must inform the OoA County within 72 hours of any changes to this designation. New designee(s) will comply with systems training as designated by OoA.County.
a. Supervising the collection of, or collecting data from this program;
b. Compiling collected data and reconciling it to data collected;
c. Recording collected data in a format required by OoACounty, using an application required by OoACounty;
d. Distributing forms and reports to the responsible person and collecting completed forms; and
e. As required, completing all required OoACounty/CDA forms.
ix. Computer Interface Capability: Subrecipient’s computer must meet the minimum hardware/software requirements specified by the vendor that is contracted with the OoA County to provide the required CDA reporting data, if required by Administrator. Subrecipient must also maintain computer hardware/software that is able to send and receive email and attachments from Administrator.
x. Failure to comply with any portion of the system requirements as herein described violates the instructions and specifications of the California Department of Aging Terms and Conditions as required by the State and County. County reserves the right to withhold payment or to terminate this Contract for nonconformance with data collection and reporting requirements.
Appears in 2 contracts
Samples: Elderly Nutrition Program Services Agreement, Elderly Nutrition Program Services Agreement
Performance Standards. Subrecipient shall comply with and adhere to the performance accountability standards and general program requirements defined in Attachment A and applicable regulations. Should the Performance Requirements defined in the Agreement between the State of California and the County of Orange be changed, County shall have the right to unilaterally modify this Contract to meet such requirements.
A. Accepted professional standards. The performance of work and Services pursuant to this Contract by Subrecipient and its subcontractor’s, if any, shall conform to accepted professional standards associated with all Services provided under this Contract. Subrecipient shall resolve all issues regarding the performance of Subrecipient and its subcontractor’s, if any, under this Contract using good administrative practices and sound judgment. Subrecipient shall be accountable to County for the proper use of funds provided to Subrecipient pursuant to this Contract and for the performance of all work and Services pursuant to this Contract.
B. Performance of Subrecipient. Subrecipient agrees to meet the performance standards listed in Attachment E. Administrator or Subrecipient may transfer units of Service from one unit of Service to another unit of Service in Attachment “A” E 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 E as a result of a contingency cost increase. Administrator in its sole discretion may decrease units of service in Attachment E 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 E, 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 the Budget Schedule Schedule(s) Attachment C of this Contract.
iv. Administrator may demand, and Subrecipient shall submit upon demand, a corrective action plan that 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 request from County end of October, January and April and is to be implemented in during the required time framesucceeding three months. If Subrecipient does not carry out the required corrective action within the designated 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.
C. Reporting requirements
i. Subrecipient will be required to submit records, statistical information, financial reports, and program information in electronic or paper format as required by the County of Orange OoA.County.
ii. Subrecipient shall retain all collected data for the periods specified in Paragraph 46 Attachment A of this Contract. County has the right to review this documentation at any time during normal business hours.
iii. County reserves the right to withhold payment or to terminate this Contract for nonconformance with data collection and reporting requirements.
iv. Subrecipient is required to collect and report program data to OoACounty, including if applicable, applicable properly registering every client receiving services under this Contract, in compliance with the data reporting system required by the California Department of Aging.
v. Data shall be collected by Subrecipient every time a service is delivered to a registered client. Data shall be reported to OoA County monthly, or as designated by Administrator.
vi. Subrecipient will also be required to submit to OoA County other records, statistical information, financial reports, invoices, and program information in electronic or paper format by the 10th of every month unless otherwise authorized by Administrator.
vii. If County-provided data collection equipment is provided; Subrecipient must maintain such equipment in a secure office environment.
viii. Within 10 days of award of this Contract the Subrecipient must inform the OoA County of the designated primary and one back-up staff member who will be responsible for “a” through “e” below. The Subrecipient must inform the OoA County within 72 hours of any changes to this designation. New designee(s) will comply with systems training as designated by OoA.County.
a. Supervising the collection of, or collecting data from this program;
b. Compiling collected data and reconciling it to data collected;
c. Recording collected data in a format required by OoACounty, using an application required by OoACounty;
d. Distributing forms and reports to the responsible person and collecting completed forms; and
e. As required, completing all required OoACounty/CDA forms.
ix. Computer Interface Capability: Subrecipient’s computer must meet the minimum hardware/software requirements specified by the vendor that is contracted with the OoA County to provide the required CDA reporting data, if required by Administrator. Subrecipient must also maintain computer hardware/software that is able to send and receive email and attachments from Administrator.
x. Failure to comply with any portion of the system requirements as herein described violates the instructions and specifications of the California Department of Aging Terms and Conditions as required by the State and County. County reserves the right to withhold payment or to terminate this Contract for nonconformance with data collection and reporting requirements.
Appears in 2 contracts
Samples: Health Insurance Counseling Advocacy Program Agreement, Elder Abuse Prevention and Ombudsman Services Agreement
Performance Standards. Subrecipient shall comply with and adhere to the performance accountability standards and general program requirements defined in Attachment A and applicable regulations. Should the Performance Requirements defined in the Agreement between the State of California and the County of Orange be changed, County shall have the right to unilaterally modify this Contract to meet such requirements.
A. Accepted professional standards. The performance of work and Services pursuant to this Contract by Subrecipient and its subcontractor’s, if any, shall conform to accepted professional standards associated with all Services provided under this Contract. Subrecipient shall resolve all issues regarding the performance of Subrecipient and its subcontractor’s, if any, under this Contract using good administrative practices and sound judgment. Subrecipient shall be accountable to County for the proper use of funds provided to Subrecipient pursuant to this Contract and for the performance of all work and Services pursuant to this Contract.
B. Performance of Subrecipient. Subrecipient agrees to meet the performance standards listed in Attachment E. 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 E as a result of a contingency cost increase. Administrator in its sole discretion may decrease units of service in Attachment E 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 E, 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 the Budget Schedule Attachment C of this Contract.
iv. Administrator may demand, and Subrecipient shall submit upon demand, a corrective action plan that 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 request from County and implemented in the required time frame. If Subrecipient does not carry out the required corrective action within the designated 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.
C. Reporting requirements
i. Subrecipient will be required to submit records, statistical information, financial reports, and program information in electronic or paper format as required by the County of Orange OoA.
ii. Subrecipient shall retain all collected data for the periods specified in Paragraph 46 of this Contract. County has the right to review this documentation at any time during normal business hours.
iii. County reserves the right to withhold payment or to terminate this Contract for nonconformance with data collection and reporting requirements.
iv. Subrecipient is required to collect and report program data to OoA, including if applicable, properly registering every client receiving services under this Contract, in compliance with the data reporting system required by the California Department of Aging.
v. Data shall be collected by Subrecipient every time a service is delivered to a registered client. Data shall be reported to OoA monthly, or as designated by Administrator.
vi. Subrecipient will also be required to submit to OoA other records, statistical information, financial reports, invoices, and program information in electronic or paper format by the 10th of every month on a monthly basis unless otherwise authorized by Administrator.. Other program reports will be due within ten days of a written request from OoA.
vii. If County-provided data collection equipment is provided; Subrecipient must maintain such equipment in a secure office environment.
viii. Within 10 days of award of this Contract the Subrecipient must inform the OoA of the designated primary and one back-up staff member who will be responsible for “a” through “e” below. The Subrecipient must inform the OoA within 72 hours of any changes to this designation. New designee(s) will comply with systems training as designated by OoA.
a. Supervising the collection of, or collecting data from this program;
b. Compiling collected data and reconciling it to data collected;
c. Recording collected data in a format required by OoA, using an application required by OoA;
d. Distributing forms and reports to the responsible person and collecting completed forms; and
e. As required, completing all required OoA/CDA forms.
ix. Computer Interface Capability: Subrecipient’s computer must meet the minimum hardware/software requirements specified by the vendor that is contracted with the OoA to provide the required CDA reporting data, if required by Administrator. Subrecipient must also maintain computer hardware/software that is able to send and receive email and attachments from Administrator.
x. Failure to comply with any portion of the system requirements as herein described violates the instructions and specifications of the California Department of Aging Terms and Conditions as required by the State and County. County reserves the right to withhold payment or to terminate this Contract for nonconformance with data collection and reporting requirements.
Appears in 2 contracts
Samples: Elderly Nutrition Program Services Agreement, Health Insurance Counseling and Advocacy Program Services Agreement
Performance Standards. Subrecipient shall comply with and adhere to the performance accountability standards and general program requirements defined in Attachment A and applicable regulations. Should the Performance Requirements defined in the Agreement between the State of California and the County of Orange be changed, County shall have the right to unilaterally modify this Contract to meet such requirements.
A. Accepted professional standards. The performance of work and Services pursuant to this Contract by Subrecipient and its subcontractor’s, if any, shall conform to accepted professional standards associated with all Services provided under this Contract. Subrecipient shall resolve all issues regarding the performance of Subrecipient and its subcontractor’s, if any, under this Contract using good administrative practices and sound judgment. Subrecipient shall be accountable to County for the proper use of funds provided to Subrecipient pursuant to this Contract and for the performance of all work and Services pursuant to this Contract.
B. Performance of Subrecipient. Subrecipient agrees to meet the performance standards listed in Attachment E. Attachments E and G. 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 Attachments E and G as a result of a contingency cost increase. Administrator in its sole discretion may decrease units of service in Attachment Attachments E and G 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 E and EG, 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 the Budget Schedule Attachment C of this Contract.
iv. Administrator may demand, and Subrecipient shall submit upon demand, a corrective action plan that 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 request from County and implemented in the required time frame. If Subrecipient does not carry out the required corrective action within the designated 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.
C. Reporting requirements
i. Subrecipient will be required to submit records, statistical information, financial reports, and program information in electronic or paper format as required by the County of Orange OoA.
ii. Subrecipient shall retain all collected data for the periods specified in Paragraph 46 of this Contract. County has the right to review this documentation at any time during normal business hours.
iii. County reserves the right to withhold payment or to terminate this Contract for nonconformance with data collection and reporting requirements.
iv. Subrecipient is required to collect and report program data to OoA, including if applicable, properly registering every client receiving services under this Contract, in compliance with the data reporting system required by the California Department of Aging.
v. Data shall be collected by Subrecipient every time a service is delivered to a registered client. Data shall be reported to OoA monthly, or as designated by Administrator.
vi. Subrecipient will also be required to submit to OoA other records, statistical information, financial reports, invoices, and program information in electronic or paper format by the 10th of every month unless otherwise authorized by Administrator.
vii. If County-provided data collection equipment is provided; Subrecipient must maintain such equipment in a secure office environment.
viii. Within 10 days of award of this Contract the Subrecipient must inform the OoA of the designated primary and one back-up staff member who will be responsible for “a” through “e” below. The Subrecipient must inform the OoA within 72 hours of any changes to this designation. New designee(s) will comply with systems training as designated by OoA.
a. Supervising the collection of, or collecting data from this program;
b. Compiling collected data and reconciling it to data collected;
c. Recording collected data in a format required by OoA, using an application required by OoA;
d. Distributing forms and reports to the responsible person and collecting completed forms; and
e. As required, completing all required OoA/CDA forms.
ix. Computer Interface Capability: Subrecipient’s computer must meet the minimum hardware/software requirements specified by the vendor that is contracted with the OoA to provide the required CDA reporting data, if required by Administrator. Subrecipient must also maintain computer hardware/software that is able to send and receive email and attachments from Administrator.
x. Failure to comply with any portion of the system requirements as herein described violates the instructions and specifications of the California Department of Aging Terms and Conditions as required by the State and County. County reserves the right to withhold payment or to terminate this Contract for nonconformance with data collection and reporting requirements.
Appears in 2 contracts
Samples: Health Insurance Counseling Advocacy Program Agreement, Health Insurance Counseling Advocacy Program Services Agreement
Performance Standards. Subrecipient shall comply with and adhere to the performance accountability standards and general program requirements defined in Attachment A and applicable regulations. Should the Performance Requirements defined in the Agreement between the State of California and the County of Orange be changed, County shall have the right to unilaterally modify this Contract to meet such requirements.
A. Accepted professional standards. The performance of work and Services services pursuant to this Contract by Subrecipient and its subcontractor’s, if any, shall conform to accepted professional standards associated with all Services services provided under this Contract. Subrecipient shall resolve all issues regarding the performance of Subrecipient and its subcontractor’s, if any, under this Contract using good administrative practices and sound judgment. Subrecipient shall be accountable to County for the proper use of funds provided to Subrecipient pursuant to this Contract and for the performance of all work and Services services pursuant to this Contract.
B. Performance of Subrecipient. Subrecipient agrees to meet the performance standards listed in Attachment E. Administrator or Subrecipient may transfer units of Service service from one unit of Service service to another unit of Service service in Attachment “A” E 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 service in Attachment E as a result of a contingency cost increase. Administrator in its sole discretion may decrease units of service in Attachment E 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 service poses an immediate risk to the health or safety of the older adult clients who should benefit from Services services provided by Subrecipient, and that the most effective method of protecting the interests of the older adults is to obtain the Services 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 E, 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 the Budget Schedule Schedule(s) Attachment C of this Contract.
iv. Administrator may demand, and Subrecipient shall submit upon demand, a corrective action plan that 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 request from County end of October, January and April and is to be implemented in during the required time framesucceeding three months. If Subrecipient does not carry out the required corrective action within the designated 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.
C. Reporting requirements
i. Subrecipient will be required to submit records, statistical information, financial reports, and program information in electronic or paper format as required by the County of Orange OoA.County.
ii. Subrecipient shall retain all collected data for the periods specified in Paragraph 46 Attachment A of this Contract. County has the right to review this documentation at any time during normal business hours.
iii. County reserves the right to withhold payment or to terminate this Contract for nonconformance with data collection and reporting requirements.
iv. Subrecipient is required to collect and report program data to OoACounty, including if applicable, applicable properly registering every client receiving services under this Contract, in compliance with the data reporting system required by the California Department of Aging.
v. Data shall be collected by Subrecipient every time a service is delivered to a registered client. Data shall be reported to OoA County monthly, or as designated by Administrator.
vi. Subrecipient will also be required to submit to OoA County other records, statistical information, financial reports, invoices, and program information in electronic or paper format by the 10th of every month unless otherwise authorized by Administrator.
vii. If County-provided data collection equipment is provided; Subrecipient must maintain such equipment in a secure office environment.
viii. Within 10 days of award of this Contract the Subrecipient must inform the OoA County of the designated primary and one back-up staff member who will be responsible for “a” through “e” below. The Subrecipient must inform the OoA County within 72 hours of any changes to this designation. New designee(s) will comply with systems training as designated by OoA.County.
a. Supervising the collection of, or collecting data from this program;
b. Compiling collected data and reconciling it to data collected;
c. Recording collected data in a format required by OoACounty, using an application required by OoACounty;
d. Distributing forms and reports to the responsible person and collecting completed forms; and
e. As required, completing all required OoACounty/CDA forms.
ix. Computer Interface Capability: Subrecipient’s computer must meet the minimum hardware/software requirements specified by the vendor that is contracted with the OoA County to provide the required CDA reporting data, if required by Administrator. OC Community Resources Contract No.:19-27-0042 Page 30 of 94 Subrecipient must also maintain computer hardware/software that is able to send and receive email and attachments from Administrator.
x. Failure to comply with any portion of the system requirements as herein described violates the instructions and specifications of the California Department of Aging Terms and Conditions as required by the State and County. County reserves the right to withhold payment or to terminate this Contract for nonconformance with data collection and reporting requirements.
Appears in 1 contract
Performance Standards. Subrecipient shall comply with and adhere to the performance accountability standards and general program requirements defined in Attachment A and applicable regulations. Should the Performance Requirements defined in the Agreement between the State of California and the County of Orange be changed, County shall have the right to unilaterally modify this Contract to meet such requirements.
A. Accepted professional standards. The performance of work and Services pursuant to this Contract by Subrecipient and its subcontractor’s, if any, shall conform to accepted professional standards associated with all Services provided under this Contract. Subrecipient shall resolve all issues regarding the performance of Subrecipient and its subcontractor’s, if any, under this Contract using good administrative practices and sound judgment. Subrecipient shall be accountable to County for the proper use of funds provided to Subrecipient pursuant to this Contract and for the performance of all work and Services pursuant to this Contract.
B. Performance of Subrecipient. Subrecipient agrees to meet the performance standards listed in Attachment E. 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 E as a result of a contingency cost increase. Administrator in its sole discretion may decrease units of service in Attachment E 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 E, 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 the Budget Schedule Attachment C of this Contract.
iv. Administrator may demand, and Subrecipient shall submit upon demand, a corrective action plan that 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 request from County and implemented in the required time frame. If Subrecipient does not carry out the required corrective action within the designated 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. .
a. 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.
C. Reporting requirements
i. Subrecipient will be required to submit records, statistical information, financial reports, and program information in electronic or paper format as required by the County of Orange OoA.
ii. Subrecipient shall retain all collected data for the periods specified in Paragraph 46 of this Contract. County has the right to review this documentation at any time during normal business hours.
iii. County reserves the right to withhold payment or to terminate this Contract for nonconformance with data collection and reporting requirements.
iv. Subrecipient is required to collect and report program data to OoA, including if applicable, properly registering every client receiving services under this Contract, in compliance with the data reporting system required by the California Department of Aging.
v. Data shall be collected by Subrecipient every time a service is delivered to a registered client. Data shall be reported to OoA monthly, or as designated by Administrator.
vi. Subrecipient will also be required to submit to OoA other records, statistical information, financial reports, invoices, and program information in electronic or paper format by the 10th of every month on a monthly basis unless otherwise authorized by Administrator.. Other program reports will be due within ten days of a written request from OoA.
vii. If County-provided data collection equipment is provided; Subrecipient must maintain such equipment in a secure office environment.
viii. Within 10 days of award of this Contract the Subrecipient must inform the OoA of the designated primary and one back-up staff member who will be responsible for “a” through “e” below. The Subrecipient must inform the OoA within 72 hours of any changes to this designation. New designee(s) will comply with systems training as designated by OoA.
a. Supervising the collection of, or collecting data from this program;
b. Compiling collected data and reconciling it to data collected;
c. Recording collected data in a format required by OoA, using an application required by OoA;
d. Distributing forms and reports to the responsible person and collecting completed forms; and
e. As required, completing all required OoA/CDA forms.
ix. Computer Interface Capability: Subrecipient’s computer must meet the minimum hardware/software requirements specified by the vendor that is contracted with the OoA to provide the required CDA reporting data, if required by Administrator. Subrecipient must also maintain computer hardware/software that is able to send and receive email and attachments from Administrator.
x. Failure to comply with any portion of the system requirements as herein described violates the instructions and specifications of the California Department of Aging Terms and Conditions as required by the State and County. County reserves the right to withhold payment or to terminate this Contract for nonconformance with data collection and reporting requirements.
Appears in 1 contract
Samples: Ombudsman & Elder Abuse Prevention Services Agreement
Performance Standards. Subrecipient shall comply with and adhere to the performance accountability standards and general program requirements defined in Attachment A and applicable regulations. Should the Performance Requirements defined in the Agreement between the State of California and the County of Orange be changed, County shall have the right to unilaterally modify this Contract to meet such requirements.
A. Accepted professional standards. The performance of work and Services pursuant to this Contract by Subrecipient and its subcontractor’s, if any, shall conform to accepted professional standards associated with all Services provided under this Contract. Subrecipient shall resolve all issues regarding the performance of Subrecipient and its subcontractor’s, if any, under this Contract using good administrative practices and sound judgment. Subrecipient shall be accountable to County for the proper use of funds provided to Subrecipient pursuant to this Contract and for the performance of all work and Services pursuant to this Contract.
B. Performance of Subrecipient. Subrecipient agrees to meet the performance standards listed in Attachment E. Administrator or Subrecipient may transfer units of Service from one unit of Service to another unit of Service in Attachment “AE” 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 E as a result of a contingency cost increase. Administrator in its sole discretion may decrease units of service in Attachment E 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 E, 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 the Budget Schedule Attachment C of this Contract.
iv. Administrator may demand, and Subrecipient shall submit upon demand, a corrective action plan that 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 request from County end of October, January and April and is to be implemented in during the required time framesucceeding three months. If Subrecipient does not carry out the required corrective action within the designated 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.
C. Reporting requirements
i. Subrecipient will be required to submit records, statistical information, financial reports, and program information in electronic or paper format as required by the County of Orange OoA.County.
ii. Subrecipient shall retain all collected data for the periods specified in Paragraph 46 Attachment A of this Contract. County has the right to review this documentation at any time during normal business hours.
iii. County reserves the right to withhold payment or to terminate this Contract for nonconformance with data collection and reporting requirements.
iv. Subrecipient is required to collect and report program data to OoACounty, including if applicable, applicable properly registering every client receiving services under this Contract, in compliance with the data reporting system required by the California Department of Aging.
v. Data shall be collected by Subrecipient every time a service is delivered to a registered client. Data shall be reported to OoA County monthly, or as designated by Administrator.
vi. Subrecipient will also be required to submit to OoA County other records, statistical information, financial reports, invoices, and program information in electronic or paper format by the 10th of every month unless otherwise authorized by Administrator.
vii. If County-provided data collection equipment is provided; Subrecipient must maintain such equipment in a secure office environment.
viii. Within 10 days of award of this Contract the Subrecipient must inform the OoA County of the designated primary and one back-up staff member who will be responsible for “a” through “e” below. The Subrecipient must inform the OoA County within 72 hours of any changes to this designation. New designee(s) will comply with systems training as designated by OoA.County.
a. Supervising the collection of, or collecting data from this program;
b. Compiling collected data and reconciling it to data collected;
c. Recording collected data in a format required by OoACounty, using an application required by OoACounty;
d. Distributing forms and reports to the responsible person and collecting completed forms; and
e. As required, completing all required OoACounty/CDA forms.
ix. Computer Interface Capability: Subrecipient’s computer must meet the minimum hardware/software requirements specified by the vendor that is contracted with the OoA County to provide the required CDA reporting data, if required by Administrator. County of Orange Page 30 of 39 Legal Aid Society of Orange County OC Community Resources Contract No.:19-27-0045 Page 30 of 76 Subrecipient must also maintain computer hardware/software that is able to send and receive email and attachments from Administrator.
x. Failure to comply with any portion of the system requirements as herein described violates the instructions and specifications of the California Department of Aging Terms and Conditions as required by the State and County. County reserves the right to withhold payment or to terminate this Contract for nonconformance with data collection and reporting requirements.
Appears in 1 contract
Samples: Legal Assistance Services Agreement
Performance Standards. Subrecipient shall comply with and adhere to the performance accountability standards and general program requirements defined in Attachment A and applicable regulations. Should the Performance Requirements defined in the Agreement between the State of California and the County of Orange be changed, County shall have the right to unilaterally modify this Contract to meet such requirements.
A. Accepted professional standards. The performance of work and Services services pursuant to this Contract by Subrecipient and its subcontractor’s, if any, shall conform to accepted professional standards associated with all Services services provided under this Contract. Subrecipient shall resolve all issues regarding the performance of Subrecipient and its subcontractor’s, if any, under this Contract using good administrative practices and sound judgment. Subrecipient shall be accountable to County for the proper use of funds provided to Subrecipient pursuant to this Contract and for the performance of all work and Services services pursuant to this Contract.
B. Performance of Subrecipient. Subrecipient agrees to meet the performance standards listed in Attachment E. Administrator or Subrecipient may transfer units of Service service from one unit of Service service to another unit of Service service in Attachment “A” E 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 service in Attachment E as a result of a contingency cost increase. Administrator in its sole discretion may decrease units of service in Attachment E 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 service poses an immediate risk to the health or safety of the older adult clients who should benefit from Services services provided by Subrecipient, and that the most effective method of protecting the interests of the older adults is to obtain the Services 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 E, 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 the Budget Schedule Attachment C of this Contract.
iv. Administrator may demand, and Subrecipient shall submit upon demand, a corrective action plan that 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 request from County end of October, January and April and is to be implemented in during the required time framesucceeding three months. If Subrecipient does not carry out the required corrective action within the designated 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.
C. Reporting requirements
i. Subrecipient will be required to submit records, statistical information, financial reports, and program information in electronic or paper format as required by the County of Orange OoA.County.
ii. Subrecipient shall retain all collected data for the periods specified in Paragraph 46 Attachment A of this Contract. County has the right to review this documentation at any time during normal business hours.
iii. County reserves the right to withhold payment or to terminate this Contract for nonconformance with data collection and reporting requirements.
iv. Subrecipient is required to collect and report program data to OoACounty, including if applicable, applicable properly registering every client receiving services under this Contract, in compliance with the data reporting system required by the California Department of Aging.
v. Data shall be collected by Subrecipient every time a service is delivered to a registered client. Data shall be reported to OoA County monthly, or as designated by Administrator.
vi. Subrecipient will also be required to submit to OoA County other records, statistical information, financial reports, invoices, and program information in electronic or paper format by the 10th of every month unless otherwise authorized by Administrator.
vii. If County-provided data collection equipment is provided; Subrecipient must maintain such equipment in a secure office environment.
viii. Within 10 days of award of this Contract the Subrecipient must inform the OoA County of the designated primary and one back-up staff member who will be responsible for “a” through “e” below. The Subrecipient must inform the OoA County within 72 hours of any changes to this designation. New designee(s) will comply with systems training as designated by OoA.County.
a. Supervising the collection of, or collecting data from this program;
b. Compiling collected data and reconciling it to data collected;
c. Recording collected data in a format required by OoACounty, using an application required by OoACounty;
d. Distributing forms and reports to the responsible person and collecting completed forms; and
e. As required, completing all required OoACounty/CDA forms.
ix. Computer Interface Capability: Subrecipient’s computer must meet the minimum hardware/software requirements specified by the vendor that is contracted with the OoA County to provide the required CDA reporting data, if required by Administrator. County of Orange Page 30 of 39 Abrazar, Inc. OC Community Resources Contract No.:19-27-0040 Page 30 of 74 Subrecipient must also maintain computer hardware/software that is able to send and receive email and attachments from Administrator.
x. Failure to comply with any portion of the system requirements as herein described violates the instructions and specifications of the California Department of Aging Terms and Conditions as required by the State and County. County reserves the right to withhold payment or to terminate this Contract for nonconformance with data collection and reporting requirements.
Appears in 1 contract
Samples: Community Services Agreement
Performance Standards. Subrecipient shall comply with and adhere to the performance accountability standards and general program requirements defined in Attachment A and applicable regulations. Should the Performance Requirements defined in the Agreement between the State of California and the County of Orange be changed, County shall have the right to unilaterally modify this Contract to meet such requirements.
A. Accepted professional standards. The performance of work and Services services pursuant to this Contract by Subrecipient and its subcontractor’s, if any, shall conform to accepted professional standards associated with all Services services provided under this Contract. Subrecipient shall resolve all issues regarding the performance of Subrecipient and its subcontractor’s, if any, under this Contract using good administrative practices and sound judgment. Subrecipient shall be accountable to County for the proper use of funds provided to Subrecipient pursuant to this Contract and for the performance of all work and Services services pursuant to this Contract.
B. Performance of Subrecipient. Subrecipient agrees to meet the performance standards listed in Attachment E. Administrator or Subrecipient may transfer units of Service service from one unit of Service service to another unit of Service service in Attachment “A” E 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 service in Attachment E as a result of a contingency cost increase. Administrator in its sole discretion may decrease units of service in Attachment E 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 service poses an immediate risk to the health or safety of the older adult clients who should benefit from Services services provided by Subrecipient, and that the most effective method of protecting the interests of the older adults is to obtain the Services 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 E, 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 the Budget Schedule Schedule(s) Attachment C of this Contract.
iv. Administrator may demand, and Subrecipient shall submit upon demand, a corrective action plan that 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 request from County end of October, January and April and is to be implemented in during the required time framesucceeding three months. If Subrecipient does not carry out the required corrective action within the designated 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.
C. Reporting requirements
i. Subrecipient will be required to submit records, statistical information, financial reports, and program information in electronic or paper format as required by the County of Orange OoA.County.
ii. Subrecipient shall retain all collected data for the periods specified in Paragraph 46 Attachment A of this Contract. County has the right to review this documentation at any time during normal business hours.
iii. County reserves the right to withhold payment or to terminate this Contract for nonconformance with data collection and reporting requirements.
iv. Subrecipient is required to collect and report program data to OoACounty, including if applicable, applicable properly registering every client receiving services under this Contract, in compliance with the data reporting system required by the California Department of Aging.
v. Data shall be collected by Subrecipient every time a service is delivered to a registered client. Data shall be reported to OoA County monthly, or as designated by Administrator.
vi. Subrecipient will also be required to submit to OoA County other records, statistical information, financial reports, invoices, and program information in electronic or paper format by the 10th of every month unless otherwise authorized by Administrator.
vii. If County-provided data collection equipment is provided; Subrecipient must maintain such equipment in a secure office environment.
viii. Within 10 days of award of this Contract the Subrecipient must inform the OoA County of the designated primary and one back-up staff member who will be responsible for “a” through “e” below. The Subrecipient must inform the OoA County within 72 hours of any changes to this designation. New designee(s) will comply with systems training as designated by OoA.County.
a. Supervising the collection of, or collecting data from this program;
b. Compiling collected data and reconciling it to data collected;
c. Recording collected data in a format required by OoACounty, using an application required by OoACounty;
d. Distributing forms and reports to the responsible person and collecting completed forms; and
e. As required, completing all required OoACounty/CDA forms.
ix. Computer Interface Capability: Subrecipient’s computer must meet the minimum hardware/software requirements specified by the vendor that is contracted with the OoA County to provide the required CDA reporting data, if required by Administrator. County of Orange Page 30 of 39 Alzheimer’s Orange County - SCADS Subrecipient must also maintain computer hardware/software that is able to send and receive email and attachments from Administrator.
x. Failure to comply with any portion of the system requirements as herein described violates the instructions and specifications of the California Department of Aging Terms and Conditions as required by the State and County. County reserves the right to withhold payment or to terminate this Contract for nonconformance with data collection and reporting requirements.
Appears in 1 contract
Samples: Adult Day Care Services Agreement
Performance Standards. Subrecipient shall comply with and adhere to the performance accountability standards and general program requirements defined in Attachment A A-2 and applicable regulations. Should the Performance Requirements defined in the Agreement between the State of California and the County of Orange be changed, County shall have the right to unilaterally modify this Contract to meet such requirements.
A. Accepted professional standards. The performance of work and Services pursuant to this Contract by Subrecipient and its subcontractor’s, if any, shall conform to accepted professional standards associated with all Services provided under this Contract. Subrecipient shall resolve all issues regarding the performance of Subrecipient and its subcontractor’s, if any, under this Contract using good administrative practices and sound judgment. Subrecipient shall be accountable to County for the proper use of funds provided to Subrecipient pursuant to this Contract and for the performance of all work and Services pursuant to this Contract.
B. Performance of Subrecipient. Subrecipient agrees to meet the performance standards listed in Attachment E. E-2. Administrator or Subrecipient may transfer units of Service from one unit of Service to another unit of Service in Attachment “A” E-2 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 E E-2 as a result of a contingency cost increase. Administrator in its sole discretion may decrease units of service in Attachment E E-2 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 A-2 and EE-2, 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 the Budget Schedule Schedule(s) Attachment C C-2 of this Contract.
iv. Administrator may demand, and Subrecipient shall submit upon demand, a corrective action plan that 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 request from County end of October, January and April and is to be implemented in during the required time framesucceeding three months. If Subrecipient does not carry out the required corrective action within the designated 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.
C. Reporting requirements
i. Subrecipient will be required to submit records, statistical information, financial reports, and program information in electronic or paper format as required by the County of Orange OoA.County.
ii. Subrecipient shall retain all collected data for the periods specified in Paragraph 46 Attachment X- 0 of this Contract. County has the right to review this documentation at any time during normal business hours.
iii. County reserves the right to withhold payment or to terminate this Contract for nonconformance with data collection and reporting requirements.
iv. Subrecipient is required to collect and report program data to OoACounty, including if applicable, applicable properly registering every client receiving services under this Contract, in compliance with the data reporting system required by the California Department of Aging.
v. Data shall be collected by Subrecipient every time a service is delivered to a registered client. Data shall be reported to OoA County monthly, or as designated by Administrator.
vi. Subrecipient will also be required to submit to OoA County other records, statistical information, financial reports, invoices, and program information in electronic or paper format by the 10th of every month unless otherwise authorized by Administrator.
vii. If County-provided data collection equipment is provided; Subrecipient must maintain such equipment in a secure office environment.
viii. Within 10 days of award of this Contract the Subrecipient must inform the OoA County of the designated primary and one back-up staff member who will be responsible for “a” through “e” below. The Subrecipient must inform the OoA County within 72 hours of any changes to this designation. New designee(s) will comply with systems training as designated by OoA.County.
a. Supervising the collection of, or collecting data from this program;
b. Compiling collected data and reconciling it to data collected;
c. Recording collected data in a format required by OoACounty, using an application required by OoACounty;
d. Distributing forms and reports to the responsible person and collecting completed forms; and
e. As required, completing all required OoACounty/CDA forms.
ix. Computer Interface Capability: Subrecipient’s computer must meet the minimum hardware/software requirements specified by the vendor that is contracted with the OoA County to provide the required CDA reporting data, if required by Administrator. Subrecipient must also maintain computer hardware/software that is able to send and receive email and attachments from Administrator.
x. Failure to comply with any portion of the system requirements as herein described violates the instructions and specifications of the California Department of Aging Terms and Conditions as required by the State and County. County reserves the right to withhold payment or to terminate this Contract for nonconformance with data collection and reporting requirements.
Appears in 1 contract
Samples: Elder Abuse Prevention and Ombudsman Services Agreement
