Res 1996-183 - Laserfiche WebLink

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. )7,vl 1) make a good faith effon to subcontract with HUBs during the performance of its contract Attachments with the RECEIVING AGENCY and will repon HUB subcontract activity on a quarterly basis for each contract Attachment less than $100,000; and 2) comply with the requirements for good faith efforts found at 1 T AC §§ 111.11-111.114 as a condition of receiving the contract award and for continuation of each contract Attachment when either exceeds $100,000. In addition, PERFORMING AGENCY will repon HUB subcontract activity on a quarterly basis for each contract Attachment. If PERFORMING AGENCY complied with this requirement during the competitive procurement process for the contract Attachment, no further action is necessary prior to the execution of this contract/amendment. If PERFOR.J.\1ING AGENCY has not complied with this requirement because there was no competitive procurement process, PERFORMING AGENCY must comply with the good faith effon process found at 1 TAC §§111. 11-111. 114 prior to contract execution. PERFORMING AGENCY is responsible for being familiar with the TAC requirements and noncompliance with these requirements will be grounds for termination. Copies of the applicable section of TAC are available upon request. ARTICLE 25. S~nctions PERFORMING AGENCY agrees and understands that sanctions may be imposed by RECEIVING AGENCY both for programmatic and fiDancial noncompliance. RECEIVING AGENCY at its own discretion may impose one or more sanctions for each item of noncompliance and will determine sanctions on a case-by-case basis. Both parties agree that a state or federal statUte, rule, regulation, or federal guideline will prevail over the provisions of this ARTICLE unless the statUte, rule, regulation, or guideline can be read together with the provision(s) of this ARTICLE to give effect to both. RECEIVING AGENCY may: 1) terminate all or a part of the contract. Termination is the permanent withdrawal of the PERFORMING AGENCY's authority to obligate previously awarded funds before that authority would otherwise expire, or the voluntary relinquishment by the PERFORMING AGE:&CY to obligate previously awarded funds. PERFORMING AGENCY costs resulting from obligations incurred by the PERFORMIN"G AGENCY after termination of an award are not allowable unless expressly authorized by the notice of termination. 2) suspend all or pan of the contract. Suspension is the temporary withdrawal of the PERFORMING AGENCY's authority to obligate funds pending compliance by the PERFORMING AGENCY or its subcontractor(s) or pending a decision to terminate or modify the contract. PERFORMING AGENCY costs resulting from obligations incurred by the PERFORMING AGENCY during a suspension are not allowable unless expressly authorized by the notice of suspension. 3) temporarily or permanently withhold cash payments. Withholding of dish payment means that the RECEIVING AGENCY retains funds claimed by the PERFORMING AGENCY in order to recover payments already made for undocumented, disputed, inaccurate, or erroneous claims; obtain refunds for overpayment for any reason; or obtain compliance. 4) deny contract renewal or future contract awards to a PERFORMING AGENCY for a certain period of time not to exceed five years. 5) delay contract execution with the PERFORMING AGENCY while other proposed sanctions are pending resolution. 6) amend all or a pan of the contract as a result of the noncompliance. 7) place the PERFORMING AGENCY on probation. Probation means that the PERFORMING AGENCY will be placed on accelerated monitoring for a period not to exceed six months at which time items of noncompliance must be resolved or substantial improvement shown by the PERFORMING AGENCY. 8) conduct accelerated monitoring of the PERFORMING AGENCY. Accelerated monitoring means more frequent or more extensive monitoring will be performed by RECEIVING AGENCY than would routinely be accomplished. 9) require the PERFORMING AGENCY to obtain technical or management assistance. (Independent) 1997 GENERAL PROVISIONS - Page 11 (5/96)