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h) declare this Contract void upon the Department's determination that this Contract was <br />obtained fraudulently or upon the Depar[ment's deternunation that this Contract was illegal or <br />invalid from this Contract's inception and demand repayment of any funds paid under this <br />Contract; <br />i) request that Contractor be removed from the Centralized Master Bidders List (CMBL) or any <br />other state bid list, and barred from participating in future contracting opportunities with the <br />State of Texas; <br />j) delay execution of a new contract or contract renewal with Contractor while other imposed or <br />proposed sanctions aze pending resolution; <br />k) place Contractor on probation. Probation means that Contractor will be placed on accelerated <br />monitoring for a period not to exceed six (6) months at which time items of noncompliance <br />must be resolved or substantial improvement shown by Contractor. Accelerated monitoring <br />means more frequent or more extensive monitoring will be performed by Department than <br />would routinely be accomplished; <br />1) require Contractor to obtain technical or managerial assistance; <br />m) establish additional prior approvals for expenditure of funds by Contractor; <br />n) require additional or more detailed, financial and/or programmatic reports to be submitted by <br />Contractor; <br />o) demand repayment from Contractor when it is verified that the Contractor has been overpaid, <br />e.g., because of disallowed costs, payments not supported by proper documentation, improper <br />billing or accounting practices, or failure to comply with Contract terms; <br />p) reduce the funding amount for failure to achieve or maintain the proposed level of service, to <br />expend funds appropriately and at a rate that will make full use of the award, or to provide <br />services or to achieve local match, if required; <br />q) pursue a claim for damages as a result of breach of contract; <br />r) require removal of any officer, board member 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 reasonably determined by <br />DSHS; <br />s) withhold any.payments to Contractor to satisfy any recoupment, liquidated damages, or any <br />penalty permitted by statute and imposed by DSHS, and take repayment from funds available <br />under this Contract, active or expired, in amounts necessary to fulfill Contractor's repayment <br />obligations; <br />t) reduce the Contract term; <br />u) recoup improper payments when it is verified that the Contractor has been overpaid, e.g., <br />because of disallowed costs, payments not supported by proper documentation, improper <br />billing or accounting practices or failure to comply with Contract terms; <br />v) assess liquidated damages; or <br />w) impose other rernedies or penalties permitted by statute. <br />Section 14.03 Notice of Remedies or Sanctions. Department will formally notify Contractor in <br />writing when a remedy or sanction is imposed (with the exception of accelerated monitoring, which <br />may be unannounced), stating the nature of the remedies and sanction(s), the reasons for imposing <br />them, the corrective actions, if any, that must be taken before the actions will be removed and the <br />time allowed for completing the conective actions, and the method, if any, of requesting <br />Genera] Provisions (Core Subrecipient 2009) 6/5/08 Page 32 of 38 <br />