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Res 2002-192
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Res 2002-192
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6/29/2006 3:35:36 PM
Creation date
6/29/2006 3:34:32 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2002-192
Date
10/14/2002
Volume Book
149
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<br />1. Conduct accelerated monitoring of PERFORMING AGENCY. Accelerated monitoring means more <br />frequent or more extensive monitoring will be performed by RECEIVING AGENCY than would <br />routinely be accomplished; <br />J. Require PERFORMING AGENCY to obtain technical or managerial assistance; <br /> <br />K. Disallow requests for reimbursement by disapproving costs or fees submitted for payment or <br />reimbursement by PERFORMING AGENCY; <br /> <br />L. Establish additional prior approvals for expenditure of funds by PERFORMING AGENCY; <br /> <br />M. Require additional, more detailed, financial and/or programmatic reports to be submitted by <br />PERFORMING AGENCY; <br /> <br />N. Demand repayment from PERFORMING AGENCY; <br /> <br />O. Reduce the contract funding amount for failure to achieve or maintain the proposed level of service, to <br />expend funds appropriately and at a rate which will make full use of the award, or to provide services as <br />set out in the contract; and, <br /> <br />P. Impose other remedies provided by law. <br /> <br />RECEIVING AGENCY will formally notify PERFORMING AGENCY in writing when a sanction is imposed <br />(with the exception of accelerated monitoring, which may be unannounced), stating the nature of the sanction(s), the <br />reasons for imposing them, the corrective actions which shall be taken before they will be removed and the time <br />allowed for completing the corrective actions, and the method, if any, of requesting reconsideration of the sanctions <br />imposed. PERFORMING AGENCY is required to file, within fifteen (15) days of receipt of notice, a written <br />response to RECEIVING AGENCY'S program/division that sent the notice, acknowledging receipt of such notice <br />and stating how PERFORMING AGENCY will correct the noncompliance or demonstrating in writing that the <br />findings on which the sanctions are based are either invalid or do not warrant the sanction(s). If RECEIVING <br />AGENCY determines that a sanction is warranted, and unless the sanction is subject to review (see Sanction <br />Review Article), RECEIVING AGENCY'S decision is final and PERFORMING AGENCY shall take corrective <br />action. <br /> <br />In an emergency, RECEIVING AGENCY may immediately terminate or suspend all or part of the contract, <br />temporarily or permanently withhold cash payments, deny contract renewal or future contract awards, or delay <br />contract execution-by delivering written notice to PERFORMING AGENCY, by any verifiable method, stating the <br />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 the public or <br />client health or safety. The direct adverse impact may be programmatic or financial, impacting health or safety <br />by failing to provide services, providing inadequate services, providing unnecessary services, or utilizing <br />resources so that the public or clients do not receive the benefits contemplated by the contract scope of work or <br />performance measures; <br />. PERFORMING AGENCY fails to achieve a performance measure; <br /> <br />(LGS) <br /> <br />GENERAL PROVISIONS Page 20 <br /> <br />I 1/2001 <br />
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