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2006-108-RES-DSHS Document NO. 2007-020428, Regional and Local Medical Services
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2006-108-RES-DSHS Document NO. 2007-020428, Regional and Local Medical Services
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8/18/2006 4:26:40 PM
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8/18/2006 11:21:44 AM
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CITY CLERK
Doc Name
2006
Doc Type
Resolution
CITY CLERK - Date
8/14/2006
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<br />but not limited to compliance with applicable statutes, rules or regulations, the Department <br />may take one or more of the actions listed below: <br /> <br />a) terminate the Contract or a Program Attachment of the Contract as it relates to <br />a specific program type. In the case of termination, the Department will inform <br />Contractor of the termination no less than thirty-one (31) calendar days before the <br />effective date of the termination in a notice of termination. The notice of <br />termination will state the effective date of the termination, the reasons for the <br />termination, and, if applicable, alert the Contractor of the opportunity to request a <br />hearing on the termination pursuant to TEX. GOV'T CODE ch. 2105 regarding <br />administration of Block Grants. The Contractor agrees that it shall not make any <br />claim for payment or reimbursement for services provided from the effective date <br />of termination; <br />b) suspend all or part of this Contract. Suspension is, depending on the context, <br />either (1) the temporary withdrawal of Contractor's authority to obligate funds <br />pending corrective action by Contractor or its subcontractor(s) or pending a <br />decision to terminate or amend the Contract, or (2) an action taken by a <br />suspending official in accordance with Department rules to immediately exclude a <br />person from participating in contract transactions for a period of time, pending <br />completion of an investigation and such legal or debarment proceedings as may <br />ensue. Contractor costs resulting from obligations incurred by Contractor during a <br />suspension are not allowable unless expressly authorized by the notice of <br />suspenSIon; <br />c) deny additional or future contracts or renewals with Contractor; <br /> <br />d) reduce funding if the Contractor fails to provide services or goods consistent <br />with performance expectations described in the Contract; <br /> <br />e) disallow (deny both use of funds and matching credit for) all or part of the <br />activities or action not in compliance; <br /> <br />n temporarily withhold cash payments. Temporarily withholding cash payments <br />means the temporary withholding of a working capital advance, if applicable, or <br />reimbursements or payments to Contractor for proper charges or obligations <br />incurred, pending resolution of issues of noncompliance with conditions of this <br />Contract or indebtedness to the United States or to the State of Texas; <br /> <br />g) permanently withhold cash payments. Permanent withholding of cash <br />payment means that Department retains funds billed by Contractor for (1) <br />unallowable, undocumented, disputed, inaccurate, improper, or erroneous billings; <br />(2) material failure to comply with Contract provisions; or (3) indebtedness to the <br />United States or to the State of Texas; <br /> <br />h) declare the Contract void upon the Department's determination that the <br />Contract was obtained fraudulently or upon the Department's determination that <br />the Contract was illegal or invalid from the Contract's inception; <br /> <br />i) designate the Contractor as high risk; <br /> <br />j) request that Contractor be removed from the centralized Master Bidders List <br />(CMBL) or any other state bid list, and bar it from participating in future <br />contracting opportunities with the State of Texas; <br /> <br />k) delay contract execution with Contractor while other imposed or proposed <br /> <br />EF29-12425 General Provisions (Core Subrecipient 2007) <br /> <br />Rev. 07/20/2006 Page 28 <br />
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