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<br />contract execution by delivering written notice to a PERFORMING AGENCY, by any verifiable method, stating " <br />the 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 <br />the public or client health or safety. The direct adverse impact may be programmatic or financial, <br />impacting health or safety by failing to provide services, providing i~adequate services, providing <br />unnecessary services, or utilizing resources so that the public or clients do not receive the benefits <br />contemplated by the contract scope of work or performance measure~; , <br />. PERFORMING AGENCY fails to achieve a performance measure; <br />. PERFORMING AGENCY is reimbursed or requesting reimbursement for expenditures which are <br />not in accordance with applicable federal or state laws and regulations or the provisions of the <br />contract; or <br />. PERFORMING AGENCY is expending funds inappropriately. <br /> <br />Whether PERFORMING AGENCY'S conduct or inaction is an emergency shall be determined by RECEIVING <br />AGENCY on a case-by-case basis and shall be based upon the egregious nature of the noncompliance or conduct. <br /> <br />ARTICLE 28. Sanction Review <br /> <br />The PERFORMING AGENCY may request a review of the imposition of the following sanctions: termination of <br />all or part of the contract, suspension of all or part of the contract, permanent withholding of cash payments, and <br />denial of contract renewal or future contract awards. <br /> <br />PERFORMING AGENCY must make the request for review in writing to RECEIVING AGENCY within fifteen <br />(15) days from the date of notification by providing written notice of the dispute to the person who signed the <br />notification. <br /> <br />PERFORMING AGENCY's notice shall contain the following: (i) a copy ofthe letter from RECEIVING AGENCY <br />notifying PERFORMING AGENCY of the sanction; (ii) a specific description of each act that is the basis for the <br />dispute; (Hi) the grounds upon which PERFORMING AGENCY bases the complaint; (iv) an identification of the <br />issue or issues to be resolved; (v) a precise statement of the relevant facts; (vi) any documentation in support of <br />PERFORMING AGENCY's position; and (vii) a statement and authorities in support of PERFORMING <br />AGENCY's position. <br /> <br />Evidence that PERFORMING AGENCY properly notified the RECEIVING AGENCY consists of any of the <br />following documents: (i) signature on delivery card; (ii) confirmation of a facsimile to correct telephone number; <br />or (iii) signed acknowledgment of delivery. <br /> <br />RECEIVING AGENCY's representative will schedule a meeting or a conference call to attempt to resolve the <br />issues in dispute. If the dispute is resolved, any resolution will be in writing and will be signed by all parties. If the <br />dispute is not resolved, RECEIVING AGENCY's representative will notify the PERFORMING AGENCY in <br />writing. RECEIVING AGENCY will appoint a reviewer(s), who will review the information, who may permit or <br />. require additional information and who may grant, deny, or modify all relief requested in the written notice of <br />dispute. The reviewer( s)' s decision will be in writing and will contain a discussion of the reason for the decision <br />and the remedial action, if any. The reviewer(s) will send copies of the decision to all parties by any verifiable <br /> <br />(LaS) <br /> <br />1999 GENERAL PROVISIONS Page 18 <br /> <br />4/98 <br />