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frequent or more extensive monitoring will be performed by Department than would routinely be
<br />conducted;
<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 Contractor has been overpaid, e.g., because
<br />of disallowed costs, payments not supported by proper documentation, improper billing or accounting
<br />practices, or failure to comply with Contract terms;
<br />p) pursue a claim for damages as a result of breach of contract;
<br />q) require Contractor to prohibit any employee or volunteer of Contractor from performing under this
<br />Contract or having direct contact with DSHS- funded clients or participants, or require removal of any
<br />employee, volunteer, officer or governing body member, if the employee, volunteer, officer or
<br />member of the governing body has been indicted or convicted of the misuse of state or federal funds,
<br />fraud or illegal acts that are in contraindication to continued obligations under this Contract, as
<br />reasonably determined by DSHS;
<br />r) withhold any payments to Contractor to satisfy any recoupment, liquidated damages, match
<br />insufficiency, or any penalty (if the penalty is permitted by statute) imposed by DSHS, and take
<br />repayment from funds available under this Contract in amounts necessary to fulfill Contractor's
<br />payment or repayment obligations;
<br />s) reduce the Contract term;
<br />t) recoup improper payments when it is verified that Contractor has been overpaid, e.g., because of
<br />disallowed costs, payments not supported by proper documentation, improper billing or accounting
<br />practices or failure to comply with Contract terms;
<br />u) assess liquidated damages;
<br />v) demand repayment of an amount equal to the amount of any match Contractor failed to provide, as
<br />determined by DSHS;
<br />w) impose other remedies, sanctions or penalties permitted by statute.
<br />Section 14.03 Notice of Remedies or Sanctions. Department will formally notify Contractor in writing
<br />when a remedy or sanction is imposed (with the exception of accelerated monitoring, which may be
<br />unannounced), stating the nature of the remedies and sanction(s), the reasons for imposing them, the corrective
<br />actions, if any, that must be taken before the actions will be removed and the time allowed for completing the
<br />corrective actions, and the method, if any, of requesting reconsideration of the remedies and sanctions
<br />imposed. Other than in the case of repayment or recoupment, Contractor is required to file, within fifteen (15)
<br />calendar days of receipt of notice, a written response to Department acknowledging receipt of such notice. If
<br />requested by the Department, the written response must state how Contractor shall correct the noncompliance
<br />(corrective action plan) or demonstrate in writing that the findings on which the remedies or sanction(s) are
<br />based are either invalid or do not warrant the remedies or sanction(s). If Department determines that a remedy
<br />or sanction is warranted, unless the remedy or sanction is subject to review under a federal or state statute,
<br />regulation, rule, or guideline, Department's decision is final. Department will provide written notice to
<br />Contractor of Department's decision. If required by the Department, Contractor shall submit a corrective
<br />action plan for DSHS approval and take corrective action as stated in the approved corrective action plan. If
<br />DSHS determines that repayment is warranted, DSHS will issue a demand letter to Contractor for repayment.
<br />If full repayment is not received within the time limit stated in the demand letter, and if recoupment is
<br />available, DSHS will recoup the amount due to DSHS from funds otherwise due to Contractor under this
<br />Contract.
<br />Section 14.04 Emergency Action. In an emergency, Department may immediately terminate or suspend all
<br />or part of this Contract, temporarily or permanently withhold cash payments, deny future contract awards, or
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