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Docusign Envelope ID: 96373C15-E640-4BB3-9961-24079CAD47D6 <br />14.4 Performance Deficiencies. <br />14.4.1 Proposal of a Corrective Action Plan. In addition to the processes set forth in the <br />Term Contract (e.g., service level agreements), if the Customer or the Department <br />determines that there is a performance deficiency that requires correction by the <br />Contractor, then the Customer or the Department will notify the Contractor. The <br />correction must be made within a timeframe specified by the Customer or the <br />Department. The Contractor must provide the Customer or the Department with a <br />corrective action plan describing how the Contractor will address all performance <br />deficiencies identified by the Customer or the Department. <br />14.4.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure. For <br />Customer -requested Corrective Action Plans, if the corrective action plan is <br />unacceptable to the Customer, or implementation of the plan fails to remedy the <br />performance deficiencies, the Customer will retain ten percent (10%) of the total <br />invoice amount. The retainage will be withheld until the Contractor resolves the <br />performance deficiencies. If the performance deficiencies are resolved, the <br />Contractor may invoice the Customer for the retained amount. If the Contractor fails <br />to resolve the performance deficiencies, the retained amount will be forfeited to <br />compensate the Customer for the performance deficiencies. <br />14.5 Inspection. <br />14.5.1 Inspection at Contractor's Site. The Department reserves the right to inspect, or <br />enlist a third -party to perform, at any reasonable time with prior notice, the <br />equipment, product, plant or other facilities of the Contractor to assess conformity <br />with Term Contract requirements and to determine whether they are adequate and <br />suitable for proper and effective Term Contract performance. <br />14.5.2 Statutory Inspection Rights. If services are to be provided pursuant to the Term <br />Contract, in accordance with section 216.1366, F.S., the Department is authorized <br />to inspect the: (i) financial records, papers, and documents of the Contractor that <br />are directly related to the performance of the Term Contract or the expenditure of <br />State funds; and (ii) programmatic records, papers, and documents of the <br />Contractor which the Department determines are necessary to monitor the <br />performance of the Term Contract or to ensure that the terms of the Term Contract <br />are being met. The Contractor shall provide such records, papers, and documents <br />requested by the Department within ten (10) Business Days after the request is <br />made. <br />Further, for any Term Contract for services with a nonprofit organization as defined <br />in section 215.97(2)(m), F.S., the Contractor must provide documentation that <br />indicates the amount of state funds: <br />1. Allocated to be used during the full term of the Term Contract for remuneration <br />to any member of the board of directors or an officer of the contractor; and <br />2. Allocated under each payment by the public agency to be used for remuneration <br />of any member of the board of directors or an officer of the contractor. <br />The documentation must indicate the amounts and recipients of the remuneration. <br />SP approved version 08-28-2024 <br />Page 18 of 20 <br />611 <br />