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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the written response shall state how Contractor shall correct the noncompliance or demonstrate in writing that the findings on which the remedies or sanction(s) If based are either invalid or do not warrant the remedies or sanction(sed or Department determines that a remedy or sanction is warranted, unless the re~ el e sanction is subject to review under a federal or state statute, regulation or g , Department's decision is final. Department shall provide written n ntracto~ Contractor of Department's decision. If required by the Department, Co shall take corrective action. De artment may Section 14.04 Emergency Action. ~ an of thi g Contract, temporarily or immediately terminate or suspend tsl denp ontract renewal or future contract permanently withhold cash paymen , y awards, or delay contract execution by delivering written notice to Contractor, any verifiable method, stating the reason for the emergency action. "emergency" is defined as the following: a) Contractor is noncompliant and the noncompliance has a dire adverse impact on the public or client health, welfare or safet d ma direct adverse impact may be programmatic or financial an y include failing to provide services, providing inadequate se~ubl c providing unnecessary services, or utilizing resources so that e of work or clients do not receive the benefits contemplated by the scop or performance measures; or b) Contractor is expending funds inappropriately. Whether Contractor's conduct or noncompliance is an emergency ~n the determined by Department on a case-by-case ..basis and will be based upo nature of the noncompliance or conduct. ARTICLE XV CLAIMS AGAINST THE DEPARTMENT. Section 15.01 Breach of Contract Claim. The process for a breach of comment claim against the Department provided far in Chapter 2260 of Texas be used b 1431-1.447 shall y Code and implemented in the rules at 2S TAC breach of contract claim against DSHS and Contractor to attempt to resolve any DSHS. Section 15.02 Notice. Contractor's claims for breach of this Contract that the parties cannot resolve in the ordinary course of business shall be submitted ntTOnent negotiation process provided in Chapter 2260, subchapter B, Texas Gove Code. To initiate the process, Contractor shall submit written notice, as required by subcha ter B, to DSHS's Office of General Counsel. The notice shall specifical y p state that the provisions of Chapter 2260, subchapter B, are being invoked. A coanpyd of the notice shall also be given to all other representatives of DSHS case Contractor. Subchapter B is a condition precedent to the filing of a contested proceeding under Chapter 2260, subchapter C, Texas Government Code. 6/12/2007 3 S General Provisions (Core Subrecipient 2008)