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records that shall be available for inspection by DSHS. Contractor shall ensure that subcontractors aze <br />fully aware of the requirements placed upon them by state/federal statutes, rules, and regulations and <br />under this Contract. Contractor shall not contract with a subcontractor, at any tier, that is debarred or <br />suspended or excluded from or ineligible for participation in federal assistance programs. <br />Section 12.13 Status of Subcontractors. Contractor shall include in all its contracts with <br />subcontractors, the certifications stated in the Assurances and Certifications Article of these General <br />Provisions. Contractor shall also require all subcontractors to certify that they are not delinquent on <br />any repayment agreements; have not had a required license or certification revoked; and have not had <br />a contract terminated by the Department. Contractors shall further require that subcontractors certify <br />that they have not voluntarily surrendered within the past three (3) years any license issued by the <br />Department. <br />Section 12.14 Incorporation of Terms. Contractor shall ensure that all written agreements with <br />subrecipient subcontractors incorporate the terms of this Contract, and provide that tHe subcontractor <br />is subject to audit by DSHS, HHSC and the SAO. <br />Section 12.15 Independent Contractor. Contractor is an independent contractor. Gontractor shall <br />direct and be responsible for the performance of its employees, subcontractors, joint venture <br />participants or agents. Contractor is not an agent or employee of the Department or the State of <br />Texas for any purpose whatsoever. For purposes of this Contract, Contractor acknowledges that its <br />employees, subcontractors, joint venture participants or agents will not be eligible for-unemployment <br />compensation from the Department or the State of Texas. <br />Section 12.16 Authority to Bind. The person or persons signing and executing this Contract on <br />behalf of Contractor, or representing themselves as signing and executing this Contract on behalf of <br />Contractor, warrant and guarantee that they have been duly authorized by Contractor to execute this <br />Contract for Contractor and to validly and legally bind Contractor to all of its terms. <br />Section 12.17 Tax Liability. Contractor shall comply with all state and federal tax laws and is <br />solely responsible for filing all required state and federal tax forms and making all tax payments. In <br />the event that the Department discovers that Contractor has failed to remain current on a liability to <br />the IRS, this Contract will be subject to remedies and sanctions under this Contract, including <br />immediate termination at the Department's discretion. In the event of Contract termination under this <br />section, the Department will not enter into a contract with Contractor for three (3) years from the date <br />of termination. <br />General Provisions (Core Subrecipient 2009) 6/5/08 Page 22 of 38 <br />