2023-114 Resolution - Laserfiche WebLink

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implementation, the Agency shall so inform the Contractor in writing and specify a time by which corrective action acceptable to the Agency shall be proposed and/or implemented. If such corrective action is not proposed and/or implemented by the Contractor timely the Agency may suspend or deny payment to Contractor or may terminate this Agreement. 12.4 If this Agreement has not been terminated pursuant to the foregoing provision, and payments are merely suspended, reimbursement may resume when the Contractor has taken all required corrective action and the Agency receives and approves a written report documenting the corrective action. ARTICLE XIII: CONDITIONAL CONTRACTOR STATUS 13.1 The Agency may designate Contractor as an OAA service provider with problematic programs, in accordance with Agency Policy, due to performance failures; as a Conditional Contractor, the Contractor may be placed into a probationary status. In event of said designation, the terms of the probation shall become an addendum to this Agreement. ARTICLE XIV: RECOVERY OF FUNDS 14.1 The Contractor must return any funds received from the Agency if the Agency determines that the Contractor was paid for any unit or units of service k did not actually provide, for units provided to ineligible Consumers, or for units that it provided that did not comply with the Ohio Administrative Code, the Ohio Revised Code, or any other law that regulates the Contractor or the services provided; a Contractor shall also return any funds received from the Agency for services that did not comply with the requirements set forth in the Agency's Request for Proposal, or the Contractor's approved Proposal, or which were not properly documented as required by this Agreement. 14.2 The Agency may recover its payment made for any such service unit or units from the Contractor by withholding funds due to the Contractor under this Agreement or under any other agreement the Contractor has entered into with the Agency, or at any time after the termination of this Agreement. Recovery may also be sought by legal action. The maximum amount of funds to be paid under this Agreement may, in the discretion of the Agency, be reduced by the amount of the funds recovered or to be recovered by the Agency. ARTICLE XV: CONTRACTOR AUDITS 15.1 If the Contractor is subject to OMB circular A-133 requirements the Contractor shall obtain POS 15 of 28 Final