2003-148-RES APPROVING/ACCEPTING EXECUTION OF CONTRACT FOR PUBLIC HEALTH SERVICES

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I. Conduct accelerated monitoring of PERFORMING AGENCY. Accelerated monitoring means more fre<;juent or more extensive monitoring will be performed by RECEIVING AGENCY than would routinely be accomplished; J. Require PERFORMING AGENCY to obtain technical or managerial assistance; K. Disallow requests for reimbursement by disapproving costs or fees submitted for payment or reimbursement by PERFORMING AGENCY; L. Establish additional prior approvals for expenditure of funds by PERFORMING AGENCY; M. Require additional, more detailed, financial and/or programmatic reports to be submitted by PERFORMING AGENCY; N. Demand repayment from PERFORMING AGENCY; O. Reduce the contract funding amount for failure to achieve or maintain the proposed level of service, to expend funds appropriately and at a rate which will make full use of the award, or to provide services as set out in the contract; and, P. Impose other remedies provided by law. RECEIVING AGENCY will formally notify PERFORMING AGENCY in writing when a sanction is imposed (with the exception of accelerated monitoring, which may be unannounced), stating the nature of the sanction(s), the reasons for imposing them, the corrective actions which shall be taken before they will be removed and the time allowed for completing the corrective actions, and the method, if any, of requesting reconsideration of the sanctions imposed. PERFORMING AGENCY is required to file, within fifteen (15) days of receipt of notice, a written response to RECEIVING AGENCY'S program/division that sent the notice, acknowledging receipt of such notice and stating how PERFORMING AGENCY will correct the noncompliance or demonstrating in writing that the findings on which the sanctions are based are either invalid or do not warrant the sanction(s). If RECEIVING AGENCY determines that a sanction is warranted, and unless the sanction is subject to review (see Sanction Review Article), RECEIVING AGENCY'S decision is final and PERFORMING AGENCY shall take corrective action. In an emergency, RECEIVING AGENCY may immediately terminate or suspend all or part of the contract, temporarily or permanently withhold cash payments, deny contract renewal or future contract awards, or delay contract execution. by delivering written notice to PERFORMING AGENCY, by any verifiable method, stating the reason for the emergency action. An "emergency" is defined as the following: . PERFORMING AGENCY is noncompliant and the noncompliance has a direct adverse impact on the public or client health or safety. The direct adverse impact may be programmatic or financial, impacting health or safety by failing to provide services, providing inadequate services, providing unnecessary services, or utilizing resources so that the public or clients do not receive the ben~fits contemplated by the contract scope of work or performance measures; . PERFORMING AGENCY fails to achieve a performance measure; (LGS) GENERAL PROVISIONS Page 20 11/2001