Res 1996-183 - Laserfiche WebLink

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:J7¡V' 10) disallow claims by rejecting costs or fees claimed for payment or reimbursement by PERFORMING AGENCY. 11) establish additional prior approvals for expenditure of funds by the PERFORMING AGENCY. 12) require additional, more detailed, financial andlor programmatic reports to be submitted by PERFORMING AGENCY. 13) demand repayment from the PERFORMING AGENCY. 14) 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. 15) take any other action which is deemed appropriate. ..~-- RECEIVING AGENCY will formally notify the PERFORMING AGENCY in writing when a sanction is imposed with the exception of accelerated monitoring, which may be unaxm.ounced. PERFORMING AGENCY is required to file, within 15 days of receipt of notice, a written response to the RECEIVING AGENCY's program/division that sent the notice, acknowledging receipt of such notice and how the PERFORMING AGENCY will correct the noncompliance. RECENING 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, delay contract execution, or amend all or a part of the contract in an emergency by delivering a written notice to a PERFORMING AGENCY by any method stating the reason for the emergency action. The emergency may be a result of the PERFORMING AGENCY's noncompliance haviDg a direct adverse impact on the public or client health or safety, failure to achieve a performance measure, being reimbursed for expenditures which are not in accordance with applicable federal or state laws and regulations or the provisions of the contract, or expending funds inappropriately. PERFOR.\1ING AGENCY may request a review of the imposition of the following sanctions: termination of all or part of the contract, suspension of all or part of the contract, permanent withholding of cash ¡¡ayments, denial of contract renewal or future contract awards, and contract amendment as a result of the noncompliance. PERFORMING AGENCY must make the request for review in writing to RECEIVING AGENCY within fifteen (15) days from the date of notification. ARTICLE 26. Tt"rrnin~tion In addition to other provisions herein allowing termination, this contract shall terminate upon full performance of all requirements contained herein, unless extended in writing, or, prior to completion of the contract term, all or a part of this contract may be terminated for any of the following reasons: 1) Termination in the Best Interest of the State. This contract may be terminated by RECEIVING AGENCY at any rime when, in the sole determination of RECEIVING AGENCY, termination is in f the best interests of the State of Texas. ¡ 2) Termmation by Agreement. This contract may be terminated, in whole or in part, when both parties mutually agree that continuation of the contract would not achieve the objectives and goals of the contract and that continuation would not be mutually beneficial. 3) Termmation for Cause. RECEIVING AGENCY reserves the right to terminate this contract, in whole or in part, upon the following conditions: (a) The PERFORMING AGENCY ma1œs an assignment for the benefit of its creditors, or admits in writing its inability to pay its debts generally as they become due, or consents to the appointment of a receiver, trustee, or liquidator of the PERFORMING AGENCY or of all or any part of its property; if judgment for the payment of money in excess of $50,000.00 (which is not covered by insurance) is rendered by any court or governmental body against the PERFORMING AGENCY, and the PERFORMING AGENCY does not discharge the judgment or provide for its discharge in accordance with its terms, or procure a stay of execution thereof within. 30 days from the date of entry thereof, and within the 30-day period (Independent) 1997 GENERAL PROVISIONS - Page 12 (5/96)