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Orange County Outside Agency Performance Agreement Page 2 of 12 <br />Rev.06/24 <br />e.Once Provider has satisfied its obligations as provided in (d) payment will be made 21 days <br />after receipt of the Progress Report and Request for Reimbursement or 21 days after due date <br />of Progress Report whichever is later. <br />f.The County is not obligated to provide any other support to Provider in this or in succeeding <br />fiscal years. <br />4. Agency Reporting. <br />a.Provider will provide Orange County a Progress Report that includes a fiscal report and <br />updates on performance measures as outlined in the Scope of Services. Progress Report dates <br />are: July 1 – December 31; January 1 – March 31 and April 1 - June 30. Reports are due on <br />January 7, April 7 and July 7 of the program fiscal year. <br />b.Provider agrees to allow the County to inspect its financial books and records, which <br />document costs of those services, upon reasonable notice during normal working hours. <br />5. Termination. <br />a.Termination for Cause. In the event of any of the circumstances set forth below (hereinafter <br />referred to as “default”), the County may immediately terminate this Agreement, in whole or <br />in part, and from time to time. Notice of termination must be in writing, state the reason or <br />reasons for the termination, and specify the effective date of the termination: <br />i.In the event that Provider shall cease to exist as an organization or shall enter <br />bankruptcy proceedings, be declared insolvent, or liquidate all or substantially all of <br />its assets, or significantly reduce its services or accessibility to Orange County <br />residents during the term of this Agreement; or <br />ii.In the event that Provider shall fail to render a satisfactory accounting as provided <br />section 4 above, the County may terminate this Agreement and Provider shall return <br />all payments already made to it by the County for services which have not been <br />provided or for which no satisfactory accounting has been rendered; or <br />iii.In the event of any fraudulent representation by the Provider in an invoice or other <br />verification required to obtain payment under this Agreement or other dishonesty on <br />a material matter relating to the performance of services under this Agreement. <br />iv.Nonperformance, incomplete service or performance, or failure to satisfactorily <br />perform any part of the work identified in the Scope of Services or to comply with <br />any provision of this Agreement, as determined by the County in its sole discretion. <br />v.Failure to adhere to the terms of applicable county, state or federal laws, regulations, <br />or stated public policy. <br />b.In the event of default by the Provider, the county may elect to terminate this Agreement, in <br />whole or in part and/or require the Provider to repay the funds within ten (10) business days <br />from written notice of default. The County may (but shall not be required to) grant the <br />Provider an opportunity to cure the default without termination of this Agreement. This <br />clause shall not be interpreted to limit the County’s remedies in law or in equity. <br />c.Notwithstanding the foregoing, either party may terminate the agreement at any time without <br />penalty; provided that written notice of such termination is furnished to the other party at <br />Docusign Envelope ID: 445D3246-51E8-4212-AB07-F1D18E18D7C6