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07-F DSHS Contract No. 2007-020428
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07-F DSHS Contract No. 2007-020428
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8/9/2006 11:43:39 AM
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8/7/2006 2:53:47 PM
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AGENDA
Item Number
07-F
AGENDA - Type
RESOLUTION
Description
Public Health Services Contract DSHS Document No. 2007-020428
AGENDA - Date
8/14/2006
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<br />sanctions are pending resolution; <br />1) place Contractor on probation. Probation means that Contractor will be placed <br />on accelerated monitoring for a period not to exceed six (6) months at which time <br />items of noncompliance must be resolved or substantial improvement shown by <br />Contractor. Accelerated monitoring means more frequent or more extensive <br />monitoring will be performed by Department than would routinely be <br />accomplished; <br /> <br />m) require Contractor to obtain technical or managerial assistance; <br /> <br />n) establish additional prior approvals for expenditure of funds by Contractor; <br /> <br />0) require additional, more detailed, financial and/or programmatic reports to be <br />submitted by Contractor; <br /> <br />p) demand repayment from Contractor; <br /> <br />q) reduce the funding amount for failure to achieve or maintain the proposed <br />level of service, to expend funds appropriately and at a rate which will make full <br />use of the award, or to provide services or to achieve local match, if required; <br /> <br />r) pursue a claim for damages as a result of breach of contract; <br /> <br />s) require removal of any officer or employee of the Contractor who has been <br />convicted of the misuse of state or federal funds, fraud or illegal acts that are in <br />contraindication to continued obligations under this Contract, as determined by <br />DSHS; <br />t) withhold any payments to Contractor to satisfy any recoupment or penalty <br />imposed by DSHS, and take repayment from funds available under this Contract, <br />active or expired, in amounts necessary to fulfill Contractor's repayment <br />obligations; <br />u) reduce the Contract term; <br />v) recoup improper payments when it is verified that the Contractor has been <br />overpaid because of improper billing or accounting practices or failure to comply <br />with Contract terms; or <br />w) impose other remedies provided by law. <br /> <br />Section 14.03 Notice of Sanctions. Department will formally notify Contractor in writing <br />when a sanction is imposed (with the exception of accelerated monitoring, which may be <br />unannounced), stating the nature of the sanction(s), the reasons for imposing them, the <br />corrective actions, if any, that must be taken before the actions will be removed and the time <br />allowed for completing the corrective actions, and the method, if any, of requesting <br />reconsideration of the sanctions imposed. Contractor is required to file, within fifteen (15) <br />calendar days of receipt of notice, a written response to Department acknowledging receipt of <br />such notice. If requested by the Department, the written response shall state how Contractor <br />shall correct the noncompliance or demonstrate in writing that the findings on which the <br />sanctions are based are either invalid or do not warrant the sanction(s). If Department <br />determines that a sanction is warranted, unless the sanction is subj ect to review under a <br />federal or state statute, regulation or guideline, Department's decision is final. Department <br />shall provide written notice to Contractor of Department's decision. If required by the <br />Department, Contractor shall take corrective action. <br /> <br />Section 14.04 Emergency Action. <br /> <br />In an emergency, Department may immediately <br /> <br />EF29-l2425 General Provisions (Core Subrecipient 2007) <br /> <br />Rev. 07/20/2006 Page 29 <br /> <br />,-- <br />
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