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5. Performance Measures.
<br />The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the set -vices will be of the
<br />kind and quality described in the Grant Work Plan; (3) the services wilt be pert'bruic(I in a professional and
<br />workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not infringe
<br />Upon file intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees,
<br />subcontractors, and/or subgrantees shall comply with. any security and safety requirements and processes, if provided
<br />by Department, for work done at the Project Location(s), The Department reserves the right to investigate or inspect
<br />at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements.
<br />Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose
<br />Department's rernedics in the event deficienc.ics it) the deliverable cannot be readily measured at the tirne of delivery.
<br />6. Acceptance of Deliverables.
<br />a. Accentance Process. All deliverables most be received and accepted in writing by Department's (;rant:Manager
<br />before payment, The Grantee shall work diligently to correct all deficiencies in the deliverable that remain
<br />outstanding, within a reasonable time at Grantee's expense, If Department's Grant Manager does not accept the
<br />deliverahtes within 30 days, of receipt, they will be o1ceined rejected.
<br />b. R-6ection-of DelilKerab-le"Is.l. The Department reserves the right to reject deliverables, as outlined in the Grant
<br />Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisf4ctory
<br />performance under the terms of this Agreement, The Grantee's efforts to correct the rejected deliverables will
<br />be it Grantee's sole expense. Failure to fbit'ill the applicable technical requirements or complete all tasks or
<br />activities in accordance with the Grant Work Plan wilt result in rejection of the deliverable and the associated
<br />invoice. Payment for the rejected
<br />Jected deliverable will riot be issued unless the rejected deliverable is made
<br />acceptable to Department in accordance with the Agreement requirement,,. The Department, at it.,; option, may
<br />allow additional titne within which Grantee may remedy the objections noted by Department. The Grantee's
<br />failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an
<br />event of default.
<br />7, Financial Consequences for Nonperformance,
<br />a. Withholdim-, Pavinent. In addition to the specific consequences explained in the Grant Work Plan and/or
<br />Special Terins and Conditions, the State of Florida (State) reserves the right to withhold payment when the
<br />Grantee has failed to perforni/comply with provisions of this Agreement. None of the financial consequences
<br />for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered
<br />penalties.
<br />b. Correcti,veAclion.Pian. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified
<br />timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) he
<br />submitted by Grantee to Department. The Department request that Grantee specify the outstanding deficiencies,
<br />in the CAP, All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days.
<br />i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from
<br />Department- The CAP shill be sent to Grant ivIanager for review and approval. Within ten (10) days
<br />of receipt of a (At, Department shall notify Grantee in writing whether the CAP proposed has been
<br />accepted. If die CAP is not accepted, Grantee shall have ten (10) days corn receipt of Department
<br />letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department
<br />approval of'a CAP as specified above may result in Department's termination of this Agreement for
<br />cause as authorized in this Agreement.
<br />J, Upon Department',, notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to
<br />connitence implementation of the accepted plan. Acceptance of the proposed CAP by Department
<br />does not relieve Grantee Of any Of its obligations under the Agreement. In the event the. CAP fails
<br />to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to
<br />require additional or further remedial steps, or to terminate this Agreement for failure to perform -
<br />No action,,, approved by Department or steps taken by Grantee shall preclude Department From
<br />subsequently asserting any deficiencies in performance. The Grantee shall continue to implement
<br />the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to
<br />Department as requested by Department's Grant Manager,
<br />in. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
<br />performance of the Agreement as specified by Department May result in termination of the
<br />Agreement.
<br />Attachment 1
<br />2 of' I I
<br />Rev, 8/281/18
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