Compliance and Enforcement. 1. These compliance and enforcement provisions address the additional contractual remedies available to Board as a result of Concessionaire’s failure, if any, to comply with the obligations set forth in the ACDBE Program requirements. The contractual remedies set forth in the ACDBE Program are also applicable to any failure to comply with the Program requirements, as well as any remedies available at law or in equity. These remedies are not intended to apply to any failure by Concessionaire to comply with other obligations under this Agreement unrelated to the Program requirements or preclude Board’s recovery of its actual damages for such unrelated breaches.
2. The Concessionaire and its ACDBE business partners must attend and participate in onboarding, progress, or non-compliance meetings and site visits upon request. The Concessionaire must forward all necessary documents and information during the course of performance under this Agreement and to close out the agreement and must cooperate with BDDD in providing any information, including the final accounting for ACDBE participation on this Agreement.
3. BDDD is empowered to receive and investigate complaints and allegations by ACDBEs, third parties or Board Staff, or to initiate its own investigations, regarding Concessionaire’s compliance with the ACDBE Program requirements. If BDDD determines that an investigation is warranted, Concessionaire must fully cooperate with the investigation and provide complete, truthful information to the Board concerning the investigation and Concessionaire’s compliance with the ACDBE Program requirements.
4. The failure of Concessionaire to meet the ACDBE contractual commitment or comply with any other aspect of the ACDBE Program requirements may constitute a material breach of this Agreement, entitling the Board to exercise any remedy available in this agreement/contract, the Program requirements or applicable law.
5. The Board may report any suspected false, fraudulent or dishonest conduct relating to the Concessionaire’s performance of the Program requirements to the Board’s Department of Audit Services or to any applicable enforcement agency, including the State Attorney General's Office and appropriate federal law enforcement authorities.
6. If Concessionaire/contractor is in breach of any of the Program requirements/ACDBE contract provisions, including non-payment of a contractor/subcontractor, the Board may exercise any of following remedies, in addition to any ...
Compliance and Enforcement. If Contractor willfully fails to comply with any of the provisions of the LBE Ordinance, the rules and regulations implementing the LBE Ordinance, or the provisions of this Agreement pertaining to LBE participation, Contractor shall be liable for liquidated damages in an amount equal to Contractor’s net profit on this Agreement, or 10% of the total amount of this Agreement, or $1,000, whichever is greatest. The Director of the City’s Human Rights Commission or any other public official authorized to enforce the LBE Ordinance (separately and collectively, the “Director of HRC”) may also impose other sanctions against Contractor authorized in the LBE Ordinance, including declaring the Contractor to be irresponsible and ineligible to contract with the City for a period of up to five years or revocation of the Contractor’s LBE certification. The Director of HRC will determine the sanctions to be imposed, including the amount of liquidated damages, after investigation pursuant to Administrative Code §14B.17. By entering into this Agreement, Contractor acknowledges and agrees that any liquidated damages assessed by the Director of the HRC shall be payable to City upon demand. Contractor further acknowledges and agrees that any liquidated damages assessed may be withheld from any monies due to Contractor on any contract with City. Contractor agrees to maintain records necessary for monitoring its compliance with the LBE Ordinance for a period of three years following termination or expiration of this Agreement, and shall make such records available for audit and inspection by the Director of HRC or the Controller upon request.
Compliance and Enforcement a. The Contractor shall be subject to the COMPLIANCE AND ENFORCEMENT section of the M/WBE Program Policy and Administrative Procedures and Contract Provisions. If upon approval, the Contractor acknowledges and accepts that any failure to comply with any material term or condition of an approved compliance plan or applicable provision of the M/WBE Program Policy and Administrative Procedures, and Contract Provisions, including failure to satisfactorily address the project goal, maintain participation commitments or otherwise comply with any applicable requirements.
Compliance and Enforcement. 109 Information, Confidentiality, Cooperation and Intimidation or Retaliation ATTACHMENTS
Compliance and Enforcement. Nutrition
Compliance and Enforcement. The plan commission may waive or modify any design requirement contained in this section to allow alternative or innovative practices that implement the intent of the original design requirement and provide equivalent public benefits without significant adverse impacts on nearby properties.
Compliance and Enforcement. A. CMS may revoke its approval of a Next Generation Participant or Preferred Provider to participate as an Eligible SNF under the 3-Day SNF Rule Waiver Benefit Enhancement at any time if the Next Generation Participant or Preferred Provider’s continued participation in this 3-Day SNF Rule Waiver Benefit Enhancement might compromise the integrity of the Next Generation ACO Model.
B. The ACO must have appropriate procedures in place to ensure that Next Generation Participants and Preferred Providers have access to the most up-to-date information regarding Next Generation Beneficiary alignment to the ACO.
C. The ACO shall submit quarterly reports to CMS, in a manner to be determined by CMS, regarding its use of the 3-Day SNF Rule Waiver Benefit Enhancement. The ACO shall provide CMS with supplemental information upon request regarding its use of the 3-Day SNF Rule Waiver Benefit Enhancement.
D. CMS will monitor the ACO’s use of the 3-Day SNF Rule Waiver Benefit Enhancement to ensure that services furnished under the Benefit Enhancement are medically appropriate and consistent with the terms of this Benefit Enhancement.
E. In accordance with Section XIX of the Agreement, CMS may terminate or suspend the 3- Day SNF Rule Waiver under Section II of this Appendix or take other remedial action, as appropriate, if the ACO or any of its Next Generation Participants or Preferred Providers fails to comply with the terms and conditions of the 3-Day SNF Rule Waiver Benefit Enhancement.
I. Election of the Telehealth Expansion Benefit Enhancement
A. Submitted to CMS an Implementation Plan in accordance with Section XI of this Agreement; and
B. Submitted in accordance with Section IV of this Agreement a true, accurate, and complete list of Next Generation Participants that have agreed to participate in the Telehealth Expansion Benefit Enhancement and a true, accurate, and complete list of Preferred Providers that have agreed to participate in the Telehealth Expansion Benefit Enhancement.
Compliance and Enforcement. Contractor is subject to the compliance, enforcement and civil monetary penalties provisions at 45 C.F.R., Part 160, Subparts C and D.
Compliance and Enforcement. 21.1 Where a project proceeds under an EA Certificate, the EAO will assign a primary contact for Lake Xxxxxx in relation to the project, and who is responsible for:
a. engaging with Lake Xxxxxx to identify any compliance concerns;
b. communicating with Lake Xxxxxx, in a timely way, about compliance and enforcement activities and any accidents or malfunctions within the Territory, including by sharing reports;
c. identifying and facilitating training and mentorship opportunities to support Lake Xxxxxx’x involvement in compliance and enforcement; and
d. facilitating field participation by Lake Xxxxxx on EA Act (2018) inspections.
21.2 EAO and Lake Xxxxxx will discuss how to strengthen their collaboration on compliance and enforcement for projects that may affect Lake Xxxxxx, including identifying and facilitating training and mentorship opportunities to support Lake Xxxxxx involvement in compliance and enforcement.
21.3 Nothing in this Agreement is intended to affect Lake Xxxxxx eligibility for provincial programs related to compliance and enforcement that may exist from time to time. For greater certainty, funding under any provincial programs will be provided in accordance with those programs’ funding criteria. The EAO and Lake Xxxxxx will seek to align Lake Xxxxxx’x participation in such programs with Lake Xxxxxx’x ongoing involvement in compliance monitoring of projects being regulated under the EA Act (2018).
Compliance and Enforcement. All corporate officers, members of the Supply and Trading groups, marketers involved with futures / forward transactions, Middle Office staff and managerial personnel in Back Office functions involved with risk management activities are required to sign the Risk Management Policy. Signing the Employee Confirmation form for this Risk Management Policy confirms that the employee has read and understands the risk controls and standards as they relate to Xxxxxxx’x Supply / Trading and Marketing business. Signing of new Employee Confirmations will be required whenever a significant update of the Risk Management Policy is completed. The CRO will work with the various applicable managers to ensure that all pertinent staff members meet this requirement. Compliance with these standards is an employment requirement and will be considered in each individual’s overall performance evaluation. This includes the execution of day-to-day responsibilities by all personnel discussed as having energy risk management duties, as well as compliance with the Risk Management and Control Documents in their entirety. Any incidence of non-compliance with this Policy may be considered a violation, and subject to possible sanctions as outlined in Section 3.2.
