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04-D3 Health Services Contract
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04-D3 Health Services Contract
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9/27/2012 12:47:17 PM
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11/8/2007 2:40:33 PM
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CITY CLERK
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<br />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 infonn 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 tennination. The notice of termination will state the effective <br />date of the termination, the reasons for the termination, and, if <br />applicable, alert the Contractor of the opportunity to request a hearing on <br />the termination pursuant to TEX. GOy'T CODE ch. 2105 regarding <br />administration of Block Grants. The Contractor agrees that it shall not <br />make any claim for payment or reimbursement for services provided <br />from the effective date of termination; <br />b) suspend all or part of this Contract. Suspension is, depending on the <br />context, either (1) the temporary withdrawal of Contractor's authority to <br />obligate funds pending corrective action by Contractor or its <br />subcontractor(s) 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 from <br />participating in contract transactions for a period of time, pending <br />completion of an investigation and such legal or debarment proceedings <br />as may ensue. Contractor may not bill DSHS for services performed <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 capital <br />advance, if applicable, or reimbursements or payments to Contractor for <br />proper charges or obligations incurred, pending resolution of issues of <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, improper, or <br />erroneous billings; (2) material failure to comply with Contract <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 Department's <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 /> <br />General Provisions (Core Subrecipient 2008) <br /> <br />6/1212007 <br /> <br />33 <br /> <br />--.---.-..-r----.-.... ...., ; If <br />
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