2007-114-RES-Approving and Authorizing the execution of a contract with the Department of State Health Services (DSHS) Document No. 2008-024494

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nse shall state how Contractor shall correct the noncompliance~oe the wntten respo 'tin that the findings on which the remedies or sanctions If demonstrate in wn g are either invalid or do not warrant the remedies or s die°riemedy or based e artment determines that a remedy or sanction is warranted, ation or guideline, Dp sanction is subject to review under a federal or state ~~rovide written notice to ent shat p Department's decision is~ final. Departm the De artinent, Contractor Contractor of Department s decision. If required by P shall take corrective action. emer enc , Department may Section 14.04 Emergency Action. ~ an of ~ g Contract, temporarily or immediately terminate or suspend all oenp ontract renewal or future contract permanently withhold cash payments, d y ontract execution by delivering written notice to Contractor, by awards, or delay c erifiable method, stating the reason for the emergency action. any v "emergency" is defined as the following: ntractor is noncompliant and the noncompliance has a dine a) Co dverse im act on the public or client health, welfare or safety ., ma a p ro ammatic or financial Y direct adverse impact may be p ~' inade uate services, include failing to provide services, providin urces so that the public providing unnecessary services, or utilizang r .the sco a of work or clients do not receive the benefits contemplated by P or performance measures; or b) Contractor is expending funds inappropriately. ctor's conduct or noncompliance is an emergency will the Whether Contra ' ed b Department on a case-by-case basis and will be base upon determin y nature of the noncompliance or conduct. R'I'ICLE XV CLAIMS AGAINST THE DEPARTMENT. A .Breach of Contract Claim. The process for a breach of eornment Section 15.01 aim a ainst the Department provided for in Chapter 2260 04~ shall be used by cl g 1431 1.4 Code and implemented in the rules at 25 TAC breach of contract claim against DSHS and Contractor to attempt to resolve any DSHS. otice. Contractor's claims for breach of this Contract that the Section 15.02 N t resolve in the ordinary course of business shall be submitteernment parties canno Texas Gov ne otiation process provided in Chapter 2260, subchapter Bnotice as required by g Contractor shall submit wntten , Code. To initiate the process, SHS's Office of General Counsel. The notice shall specifically subchapter B, to D rovisions of Chapter 2260, subchapter B, are being invoked. S c ~pyd state that the p ' e shall also be given to all other representatives of DS ed case of the notic tractor. Subchapter B is a condition precedent to the filing of a de tes Con roceeding under Chapter 2260, subchapter C, Texas Government o P 611212007 35 General Provisions (Core Subrecipient 2008)