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2007-116-RES-Approving and Authorizing the Execution of a Contract with the Department of State Health Services (DSHS) Document No. 2008-024100
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2007-116-RES-Approving and Authorizing the Execution of a Contract with the Department of State Health Services (DSHS) Document No. 2008-024100
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2/15/2008 1:57:13 PM
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CITY CLERK
Doc Name
2007-116-RES
Doc Type
Resolution
CITY CLERK - Date
9/24/2007
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a) terminate the Contract or a Program Attachment of the Contract as it <br />relates to a specific program type. In the case of termination, the <br />Department will inform Contractor of the termination no less than thirty- <br />one (31) calendar days before the effective date of the termination in a <br />notice of termination. The notice of termination will state the effecti if <br />date of the termination, the reasons for the termination, and, <br />applicable, alert the Contractor of the opportunity to request a h eanardin <br />the termination pursuant to TEx. Gov'T CODE ch. 2105 g g <br />administration of Block Grants. The Contractor agrees that it shall not <br />make any claim for payment ar reimbursement for services provided <br />from the effective date of termination; <br />b} suspend all or part of this Contract. Suspension is, depending on thoe <br />context, either (1) the temporary withdrawal of Contractor s authority <br />obligate funds pending corrective action by Contractor or its <br />subcontractors} or pending a decision to terminate or amend the <br />Contract, or (2) an action taken by a suspending official in accordance <br />with Department rules to immediately exclude a person n onm <br />participating in contract transactions for a penod of time, pe g <br />completion of an investigation and such legal or debarment proceedi ed <br />as may ensue. Contractor may not bill DSHS for services perform <br />during suspension, and Contractor costs resulting from obligations <br />incurred by Contractor during a suspension are not allowable unless <br />expressly authorized by the notice of suspension; <br />c) deny additional or future contracts or renewals with Contractor; <br />d) reduce funding if the Contractor fails to provide services or goods <br />consistent with performance expectations described in the Contract; <br />e) disallow (deny both use of funds and matching credit for) all or part <br />of the activities or action not in compliance; <br />f) temporarily withhold cash payments. Temporarily withholding cash <br />payments means the temporary withholding of a working cap <br />advance, if applicable, or reimbursements or payments to Contractor fof <br />proper charges or obligations incurred, pending resolution of issues <br />noncompliance with conditions of this Contract or indebtedness to the <br />United States or to the State of Texas; <br />g) permanently withhold cash payments. Permanent withholding of <br />cash payment means that Department retains funds billed by Contractor <br />for (1) unallowable, undocumented, disputed, inaccurate~~p Contract <br />erroneous billings; (2) material failure to comply <br />provisions; or (3) indebtedness to the United States or to the State of <br />Texas; <br />h) declare the Contract void upon the Department's determination that <br />the Contract was obtained fraudulently or upon the Departments <br />determination that the Contract was illegal or invalid from the Contract s <br />inception and demand repayment of any funds paid under the Contract; <br />General Provisions (Core Subrecipient 2008) 6/12/2007 33 <br />
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