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<br />I. conduct accelerated monitoring of PERFORMING AGENCY. Accelerated monitoring means more <br />frequent or more extensive monitoring will be performed by RECEIVING AGENCY than would <br />routinely be accomplished; <br /> <br />J. require PERFORMING AGENCY to obtain technical or managerial assistance; <br /> <br />K. disallow requests for reimbursement by disapproving costs or fees submitted for payment or <br />reimbursement by PERFORMING AGENCY; <br /> <br />L. establish additional prior approvals for expenditure offunds by PERFORMING AGENCY; <br /> <br />M. require additional, more detailed, financial and/or programmatic reports to be submitted by <br />PERFORMING AGENCY; <br /> <br />N. demand repayment from PERFORMING AGENCY; <br /> <br />O. reduce the contract funding amount for failure to achieve or maintain the proposed level of service, to <br />expend funds appropriately and at a rate which will make full use of the award, or to provide services as <br />set out in the contract; and, <br /> <br />p, impose other remedies provided by law. <br /> <br />RECEIVING AGENCY will formally notify PERFORMING AGENCY in writing when a sanction is imposed <br />(with the exception of accelerated monitoring, which may be unannounced), stating the nature of the sanction( s), the <br />reasons for imposing them, the corrective actions which must be taken before they will be removed and the time <br />allowed for completing the corrective actions, and the method, if any, of requesting reconsideration of the sanctions <br />imposed. PERFORMING AGENCY is required to file, within 15 days of receipt of notice, a written response to <br />RECEIVING AGENCY'S program/division that sent the notice, acknowledging receipt of such notice and stating <br />how PERFORMING AGENCY will correct the noncompliance or demonstrating in writing that the findings on <br />which the sanctions are based are either invalid or do not warrant the sanction(s). If RECEIVING AGENCY <br />determines that a sanction is warranted, and unless the sanction is subject to review (see Sanction Review Article), <br />RECEIVING AGENCY'S decision is final and PERFORMING AGENCY must take corrective action, <br /> <br />In an emergency, RECEIVING AGENCY may immediately terminate or suspend all or part of the contract, <br />temporarily or permanently withhold cash payments, deny contract renewal or future contract awards, or delay <br />contract execution by delivering written notice to PERFORMING AGENCY, by any verifiable method, stating the <br />reason for the emergency action. <br /> <br />An "emergency" is defined as the following: <br /> <br />· PERFORMING AGENCY is noncompliant and the noncompliance has a direct adverse impact on the <br />public or client health or safety. The direct adverse impact may be programmatic or financial, impacting <br />health or safety by failing to provide services, providing inadequate services, providing unnecessary <br />services, or utilizing resources so that the public or clients do not receive the benefits contemplated by <br />the contract scope of work or performance measures; <br />· PERFORMING AGENCY fails to achieve a performance measure; <br /> <br />(LGS) <br /> <br />2002 GENERAL PROVISIONS Page 20 <br /> <br />04/01 <br />