Performance Improvement Plan timely and accurate completion of key actions due within the reporting period 100 percent The Supplier will design and develop an improvement plan and agree milestones and deliverables with the Authority
Project/Milestones Taxpayer develops and manufactures various products for use in the defense, aerospace and security industries. In consideration for the Credit, Taxpayer agrees to expand its operations at various locations throughout California, including El Segundo, Redondo Beach, Palmdale, Sunnyvale, Woodland Hills, Azusa and Rancho Xxxxxxxx. As part of its expansion, Taxpayer will invest in manufacturing equipment, computer and electrical equipment and make tenant improvements to the above facilities. Additionally, Taxpayer will hire full-time employees as part of its expansion (collectively, the “Project”). Further, Taxpayer agrees to satisfy the milestones as described in Exhibit “A” (“Milestones”) and must maintain Milestones for a minimum of three (3) taxable years thereafter. In the event Taxpayer employs more than the number of Full- time employees, determined on an annual full-time equivalent basis, than required in Exhibit A, for purposes of satisfying the “Minimum Annual Salary of California Full-time Employees Hired” and the “Cumulative Average Annual Salary of California Full-time Employees Hired,” Taxpayer may use the salaries of any of the Full-time employees hired and retained within the required time period. For purposes of calculating the “Minimum Annual Salary of California Full-time Employees Hired” and the “Cumulative Average Annual Salary of California Full-time Employees Hired,” the salary of any full-time employee that is not employed by the taxpayer for the entire taxable year shall be annualized. In addition, Xxxxxxxx agrees that any full-time employee hired after the effective date of this agreement that is a “qualified full-time employee” (as defined in RTC section 23636) shall be excluded from the calculation of the net increase of full-time employees required by this Agreement if Taxpayer claims the credit allowed by RTC section 23636.
TASK 1 GENERAL PROJECT TASKS PRODUCTS
Subprojects 1. The Borrower shall make Grants to Beneficiaries (Small Farmers, Municipalities and Organizations) for Subprojects (Farmers’ Business Initiatives, Infrastructure Subprojects and Environmental Subprojects) in accordance with eligibility criteria and procedures acceptable to the Bank as further detailed in the Project Operational Manual.
In-Scope Projects Project Based Information Technology (IT) Consulting Services required by an Authorized User must be obtained via a Mini-Bid process under this Contract. The Authorized User shall issue a Mini-Bid with a SOW for the required Project Based IT Consulting Services. A Mini-Bid may include, but will not be limited to, projects requiring: analysis, data classification, design, development, testing, quality assurance, security and associated customized training for IT based applications. Additional examples of in-scope projects include, but are not limited to: Technical architecture advisory services; Business analysis for project development; Proprietary software application development/customization, programming and integration; Data information management (including data migration, data conversion, data manipulation, data integration); Project management project support services - including, but not limited to; project management, project quality assurance and control, and Independent Verification & Validation (IV&V); Disaster recovery/business continuity and testing; Quality assurance; Continuity of operations planning (COOP); Data categorization; and Open-source software implementation. Out-of-Scope Work There are service offerings expressly excluded from the scope of these contracts. In many instances, such services and/or offerings are (or will be) covered by another OGS Centralized Contract. Examples include: Staff augmentation services; Time and material services; Web hosting; Automated network monitoring or any other service provided principally through an automated process; Hardware maintenance and support; Software maintenance and support; Ongoing maintenance and support; Services priced on a per asset basis; Services priced on a contingency basis; Equipment maintenance; Prepackaged training courses; E-Learning; Managed services; Acquisition of equipment (hardware) Acquisition of software, either Commercial off-the-shelf (COTS) software or pre-existing software; Acquisition of non-consulting services, such as network provisioning, voice services (local, long- distance), or video bridging; Cloud based or “As a Service” offerings, including but not limited to SaaS, IaaS, PaaS, and XaaS; Any offering that is a combination of equipment, hardware, software, cloud or “as a service offerings”; and Consulting or other installation work which is considered Public Works is excluded from purchase under the scope of this Contract. Historically, the New York State Bureau of Public Works has maintained that installation, maintenance and repair of equipment attached to any wall, ceiling or floor or affixed by hard wiring or plumbing is public work. In contrast, installation of a piece of equipment which is portable or a “plug-in” free-standing unit would not be considered public work. Thus, this Contract does not authorize installation where the equipment becomes a permanent part of the building structure, or is otherwise incorporated into the fabric of the building (i.e. installation on a wall, ceiling or floor in a fixed location, or affixed by hard- wiring or plumbing). See Appendix A, Clause 6, Wage and Hours Provisions. For questions about whether a proposed work constitutes public work, please contact the New York State Department of Labor’s Bureau of Public Work District Office in a specific area. A listing of district offices and contact information is available at xxxx://xxx.xxxxx.xx.xxx/workerprotection/publicwork/PWContactUs.shtm. Definitions Additional definitions applicable to this Contract can be found in Appendix B. Term Definition Authorized User Agreement The document resulting from the transactional Mini-Bid process, which sets forth the specifics regarding the services to be provided by the Contractor to the Authorized User, under the Project Based Information Technology Consulting Contract. Best Value The basis for awarding all service and technology contracts to the offerer that optimizes quality, cost and efficiency, among responsive and responsible offerers. Such basis shall be, wherever possible, quantifiable (State Finance Law §163 (1) (j)). Billing Contact The name, phone number, e-mail, and billing address a customer uses on a xxxx for contact information. Consultant Disclosure Legislation Chapter 10 of the Laws of 2006 amends State Finance Law § 8 and § 163 by requiring: that the Office of the State Comptroller (OSC) include in the Consulting Services Report it compiles annually on contracts issued by state agencies for consulting services during the previous fiscal year. xxxx://xxx.xxx.xxxxx.xx.xx/agencies/guide/MyWebHelp/Content/XI/18/C.htm Deliverables All services or products created during the performance or provision of Services hereunder or identified as a “Deliverable” in an applicable Mini-Bid. A Deliverable is a building block of an overall project. For the purposes of this Solicitation and the resulting Contract, a deliverable shall not be set forth as a status report, meeting attendance, a block of staff hours, or an invoice submission. Fixed Price Authorized User Agreement An agreement pursuant to the Centralized Contract that provides for a fix cost for a defined project. Government Contract A contract let by a Federal, State, or Local governmental body within the continental United States. Government Entity An entity at the federal, state, county, city or provincial level. Joint Venture A contractual agreement joining together two or more business enterprises for the purpose of performing on a State Contract. Knowledge Transfer The transfer of knowledge from the Contractor to the Authorized User. Knowledge Transfer can include full written system documentation including all system changes, training classes, manuals and other items. Depending on the scope of the transaction, there may or may not be a deliverable cost associated. All materials will be the property of the Authorized User unless specifically negotiated during the award process. May Denotes the permissive in a contract clause or specification. Refers to items or information that the State has deemed are worthy of obtaining, but not required or obligatory. Also see “Should”. Mini-Bid A type of Bid Document used by the Authorized User to obtain Services under the Project Based IT Consulting Services Contracts. Not To Exceed Rates (NTE) Refers to the New York State contract price set forth in Appendix D. Amounts proposed by the Contractor at the transactional level shall not exceed the hourly rates provided under this Contract (which will be defined values in US Dollars). Prime Contractor For the purposes of Technical qualifications, the business entity with whom a government entity directly has a contract. Project Based IT Consulting Services An OGS Centralized Contract which will provide a set of standardized terms and conditions, guidelines, processes, and templates for the development, distribution and award of specific deliverable-based and fixed-price Information Technology projects. Project Plan A formal, approved document used to guide both project execution and project control. The primary uses of the project plan are to document planning assumptions and decisions, facilitate communication among stakeholders, and document approved scope, cost, and schedule baselines. Retainage A portion of the Authorized User and Contractor fixed-price agreement amount that is held back by the Authorized User until the deliverable or project is satisfactorily finished. Should Denotes the permissive in a contract clause or specification. Refers to items or information that the State has deemed are worthy of obtaining, but not required or obligatory. Also see “May”. Term Definition Solicitation A non-competitive periodic recruitment solicitation (“Solicitation”) for vendors that provide Project Based Information Technology Consulting Services. Vendor An enterprise that sells goods or services. Vendor Submission The complete response to this Solicitation submitted by a Vendor to provide, as applicable , the Product and services described in the Solicitation
Project Goals The schedule, budget, physical, technical and other objectives for the Project shall be defined.
Performance Testing 7.2.1 The Design-Builder shall direct and supervise the tests and, if necessary, the retests of the Plant using Design-Builder’s supervisory personnel and the Air Emissions Tester shall conduct the air emissions test, in each case, in accordance with the testing procedures set forth in Exhibit A (the “Performance Tests”), to demonstrate, at a minimum, compliance with the Performance Guarantee Criteria. Owner is responsible for obtaining Air Emissions Tester and for ensuring Air Emissions Tester’s timely performance. Design-Builder shall cooperate with the Air Emissions Tester to facilitate performance of all air emissions tests. Design-Builder shall not be held responsible for the actions of Owner’s employees and third parties involved in the Performance Testing, including but not limited to Air Emissions Tester.
PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT A. The Board agrees to implement the following:
Project Implementation Manual The Recipient, through the PCU, shall: (i) take all action required to carry out Parts 1.1, 1.3, 1.4, 2, 3.1(b), 3.2, 3.3 and 4 (ii) of the Project in accordance with the provisions and requirements set forth or referred to in the Project Implementation Manual; (ii) submit recommendations to the Association for its consideration for changes and updates of the Project Implementation Manual as they may become necessary or advisable during Project implementation in order to achieve the objective of Parts 1.1, 1.3, 1.4, 2, 3.1(b), 3.2, 3.3 and 4(ii) of the Project; and (iii) not assign, amend, abrogate or waive the Project Implementation Manual or any of its provisions without the Association’s prior agreement. Notwithstanding the foregoing, if any of the provisions of the Project Implementation Manual is inconsistent with the provisions of this Agreement, the provisions of this Agreement shall prevail and govern.
School Improvement Plan As permitted under IC § 20-10.2-3-1.5, the Charter shall serve as the Charter School's strategic and continuous school improvement and achievement plan (hereafter, the "School Improvement Plan"). To the extent that IC § 20-10.2 applies to the Charter in its function as the School Improvement Plan, the Organizer shall comply with the requirements under IC § 20-10.2.
