1996-112-RES WHEREAS, STATE OF TEXAS IS A FUNDING PARTNER WITH THE COUNTY OF LAMAR AND COP

Home Browse Search

PERFORMING AGENCY will report HUB subcontract activity on a quarterly basis for each contract Attachment. If PERFORMING AGENCY complied with this requirement during the competitive procurement process for the contract Attachment, no further action is necessary prior to the execution of this contract/amendment. If PERFORMING AGENCY has not complied with this requirement because there was no competitive procurcment process, PERFORMING AGENCY must comply with the good faith effort process found at 1 TAC ~~111.1I-111.114 prior to contract execution. PERFORMING AGENCY is responsible for being familiar with the T AC requirements and noncompliance with these requirements will be grounds for termination. Copies of the applicable section of T AC are available upon request. ARTICLE 25. S!lnrfinnc: PERFORMING AGENCY agrees and understands that sanctions may be imposed by RECEIVING AGENCY both for programmatic and fmancial noncompliance. RECEIVING AGENCY at its own discretion may impose one or more sanctions for each item of noncompliance and will determine sanctions on a case-by-case basis. Both parties agree that a stale or federal starote, rule, regulation, or federal guideline will prevail over the provisions of this ARTICLE unless the starote, rule, regulation, or guideline can be read together with the provision(s) of this ARTICLE to give effect to both. RECEIVING AGENCY may: 1) terminate all or a part of the contract. Termination is the permanent withdrawal of the PERFORMING AGENCY's authority to obligate previously awarded funds before that authority would otherwise expire, or the voluntary relinquishment by the PERFORMING AGENCY to obligate previously awarded funds. PERFORMING AGENCY costs resulting from obligations incurred by the PERFORMING AGENCY after termination of an award are not allowable unless expressly authorized by the notice of termination. 2) suspend all or part of the contract. Suspension is the temporary withdrawal of the PERFORMING AGENCY's authority to obligate funds pending compliance by the PERFORMING AGENCY or its subcontractor(s) or pending a decision to terminate or modify the contract. PERFORMING AGENCY costs resulting from obligations incurred by the PERFORMING AGENCY during a suspension are not allowable unless expressly authorized by the notice of suspension. 3) temporarily or permanently withhold cash payments, Withholding of cash payment means that the RECEIVING AGENCY retains funds claimed by the PERFORMING AGENCY in order to recover payments already made for undocumented, disputed. inaccurate, or erroneous claims; obtain refunds for overpayment for any reason; or obtain compliance, 4) deny contract renewal or furore contract awards to a PERFORMING AGENCY for a certain period of time not to exceed five years. 5) delay contract execution, with the PERFORMING AGENCY while other proposed sanctions are pending resolution. 6) amend all or a part of the contract as a result of the noncompliance. 7) place the PERFORMING AGENCY on probation. Probation means that the PERFORMING AGENCY will be placed on accelerated monitoring for a period not to exceed six months at which time items of noncompliance must be resolved or substantial improvement shown by the PERFORMING AGENCY. 8) conduct accelerated monitoring of the PERFORMING AGENCY. Accelerated monitoring means more frequent or more extensive monitoring will be performed by RECEIVING AGENCY than would routinely be accomplished. 9) require the PERFORMING AGENCY to obtain technical or management assistance. 10) disallow claims by rejecting costs or fees claimed for payment or reimbursement by PERFORMING AGENCY, 11) establish additional prior approvals for expendirore of funds by the PERFORMING AGENCY. 12) require additional, more detailed, tinancial and/or programmatic reports to be submitted by PERFORMING AGENCY, 13) demand repayment from the PERFORMING AGENCY. (UlS) 1997 GENERAL PROVISIONS - Page 11 (5/96)