Common use of Suspension, Disallowance and Recovery of Funds Clause in Contracts

Suspension, Disallowance and Recovery of Funds. The Board shall not make payment for pupils who are not placed in the Program in accordance with this Contract, nor for any costs not specifically authorized by this Contract. Specifically, the Board shall: 1. Disallow payment for any pupil claimed under this Contract by Contractor who is also claimed by Contractor under another tuition reimbursement program, including, but not limited to, the Milwaukee Parental School Choice Program; and 2. Disallow any costs the Board determines are unauthorized or inappropriate under this Contract. The Board shall have the right to recover any payments made for costs the Board determines are unauthorized or inappropriate under this Contract; and 3. Suspend any payments otherwise due under this Contract if the Board determines that Contractor is in violation of any of the provisions of this Contract or the regulations governing this Contract until such time as the Board determines Contractor has remedied said violation(s); and 4. Recover any funds paid by the Board to Contractor which are not expended in a manner consistent with this Contract and the Contractor Annual Budget set forth in Appendix E; and 5. Recover a portion of funds paid to Contractor in the event Contractor fails to achieve an average daily pupil attendance rate of at least 65%. Such funds shall be recovered from Contractor during the following school year through the invoicing process. The amount invoiced to Contractor shall be determined by the percentage that is the difference between the benchmark attendance rate and the actual attendance rate of Contractor. (For example, the benchmark annual daily pupil attendance rate under this Contract is 65%, an actual annual daily pupil attendance rate of 64% shall result in 1% of the same year’s total contract payment being invoiced. An actual annual daily pupil attendance rate of 50% would result in an invoiced amount that reflects 15% of the same year’s total contract payment.) The Board reserves its right to recover these funds by any other legal means if a subsequent contract is not entered into with Contractor. The Board may, at its option, terminate this Contract for failure to achieve the required average daily pupil attendance rate.

Suspension, Disallowance and Recovery of Funds. The Board shall not make payment for pupils who are not placed in the Program in accordance with this Contract, nor for any costs not specifically authorized by this Contract. Specifically, the Board shall: 1. Disallow payment for any pupil claimed under this Contract by Contractor who is also claimed by Contractor under another tuition reimbursement program, including, but not limited to, the Milwaukee Parental School Choice Program; and 2. Disallow any costs the Board determines are unauthorized or inappropriate under this Contract. The Board shall have the right to recover any payments made for costs the Board determines are unauthorized or inappropriate under this Contract; and 3. Suspend any payments otherwise due under this Contract if the Board determines that Contractor is in violation of any of the provisions of this Contract or the regulations governing this Contract until such time as the Board determines Contractor has remedied said violation(s); and 4. Recover any funds paid by the Board to Contractor which are not expended in a manner consistent with this Contract and the Contractor Annual Budget set forth in Appendix EFE; and 5. Recover a portion of funds paid to Contractor in the event Contractor fails to achieve an average daily pupil attendance rate of at least 6570%. Such funds shall be recovered from Contractor during the following school year through the invoicing process. The amount invoiced to Contractor shall be determined by the percentage that is the difference between the benchmark attendance rate and the actual attendance rate of Contractor. (For example, the benchmark annual daily pupil attendance rate under this Contract is 6570%, an actual annual daily pupil attendance rate of 6469% shall result in 1% of the same year’s total contract payment being invoiced. An actual annual daily pupil attendance rate of 50% would result in an invoiced amount that reflects 1520% of the same year’s total contract payment.) The Board reserves its right to recover these funds by any other legal means if a subsequent contract is not entered into with Contractor. The Board may, at its option, terminate this Contract for failure to achieve the required average daily pupil attendance rate.