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<br /> contract execution by delivering written notice to a PERFORMING AGENCY, by any verifiable method, stating <br /> the reason for the emergency action. <br /> An "emergency" is defined as the following: <br /> . PERFORMING AGENCY is noncompliant and the noncompliance has a direct adverse impact on <br /> the public or client health or safety. The direct adverse impact may be programmatic or financial, <br /> impacting health or safety by failing to provide services, providing inadequate services, providing <br /> unnecessary services, or utilizing resources so that the public or clients do not receive the benefits <br /> contemplated by the contract scope of work or performance measures; <br /> . PERFORMING AGENCY fails to achieve a performance measure; <br /> . PERFORMING AGENCY is reimbursed or requesting reimbursement for expenditures which are <br /> not in accordance with applicable federal or state laws and regulations or the provisions of the <br /> contract; or <br /> . PERFORMING AGENCY is expending funds inappropriately. <br /> Whether PERFORMING AGENCY'S conduct or inaction is an emergency shall be determined, by RECEIVING <br /> AGENCY on a case-by-case basis and shall be based upon the egregious nature of the noncompliance or conduct. <br /> ARTICLE 28. Sanction Review <br /> The PERFORMING AGENCY may request a review of the imposition of the following sanctions: termination of <br /> all or part of the contract, suspension of all or part of the contract, permanent withholding of cash payments, and <br /> denial of contract renewal or future contract awards. <br /> PERFORMING AGENCY must make the request for review in writing to RECEIVING AGENCY within fifteen <br /> (15) days from the date of notification by providing written notice of the dispute to the person who signed the <br /> notification. <br /> PERFORMING AGENCY's notice shall contain the following: (i) a copy of the letter from RECEIVING AGENCY <br /> notifying PERFORMING AGENCY of the sanction; (ii) a specific description of each act that is the basis for the <br /> dispute; (iii) the grounds upon which PERFORMING AGENCY bases the complaint; (iv) an identification of the <br /> issue or issues to be resolved; (v) a precise statement of the relevant facts; (vi) any documentation in support of <br /> PERFORMING AGENCY's position; and (vii) a statement and authorities in support of PERFORMING <br /> AGENCY's position. <br /> Evidence that PERFORMING AGENCY properly notified the RECEIVING AGENCY consists of any of the <br /> following documents: (i) signature on delivery card; (ii) confirmation of a facsimile to correct telephone number; <br /> or (iii) signed acknowledgment of delivery. <br /> RECEIVING AGENCY's representative will schedule a meeting or a conference call to attempt to resolve the <br /> issues in dispute. If the dispute is resolved, any resolution will be in writing and will be signed by all parties. If the <br /> dispute is not resolved, RECEIVING AGENCY's representative will notify the PERFORMING AGENCY in <br /> writing. RECEIVING AGENCY will appoint a reviewer(s), who will review the information, who may permit or <br /> require additional information and who may grant, deny, or modify all relief requested in the written notice of <br /> dispute. The reviewer(s)'s decision will be in writing and will contain a discussion of the reason for the decision <br /> and the remedial action, if any. The reviewer(s) will send copies of the decision to all parties by any verifiable <br /> (LGS) 1999 GENERAL PROVISIONS Page 18 4/98 <br />