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Res 2014-153/WIC Contract
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Res 2014-153/WIC Contract
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1/29/2015 12:19:16 PM
Creation date
11/24/2014 11:07:19 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2014-153
Date
11/5/2014
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coverage for third party property. Contractor shall notify, and obtain prior approval from, the DSHS <br />Contract Oversight and Support Section before settling a claim on the fidelity bond or insurance. <br />Section 14.05 Liability Coverage. <br />For the benefit of DSHS, Contractor shall at all times maintain liability insurance coverage, referred <br />to in Tex. Gov. Code § 2261.102, as "director and officer liability coverage" or similar coverage for <br />all persons in management or governing positions within Contractor's organization or with <br />management or governing authority over Contractor's organization (collectively "responsible <br />persons "). Contractor shall maintain copies of liability policies on site for inspection by DSHS and <br />shall submit copies of policies to DSHS upon request. This section applies to entities that are <br />organized as non -profit corporations under the Texas Non -Profit Corporation Act; for - profit <br />corporations organized under the Texas Business Corporations Act; and any other legal entity. <br />Contractor shall maintain liability insurance coverage in an amount not less than the total value of <br />this Contract and that is sufficient to protect the interests of Department in the event an actionable act <br />or omission by a responsible person damages Department's interests. Contractor shall notify, and <br />obtain prior approval from, the DSHS Contract Oversight and Support Section before settling a claim <br />on the insurance. <br />Section 14.06 Overtime Compensation. <br />Except as provided in this section, Contractor shall be responsible for any obligations of premium <br />overtime pay due employees. Premium overtime pay is defined as any compensation paid to an <br />individual in addition to the employee's normal rate of pay for hours worked in excess of normal <br />working hours. Funds provided under this Contract may be used to pay the premium portion of <br />overtime only under the following conditions: 1) with the prior written approval of DSHS; 2) <br />temporarily, in the case of an emergency or an occasional operational bottleneck; 3) when employees <br />are performing indirect functions, such as administration, maintenance, or accounting; 4) in <br />performance of tests, laboratory procedures, or similar operations that are continuous in nature and <br />cannot reasonably be interrupted or otherwise completed; or 5) when lower overall cost to DSHS will <br />result. <br />Section 14.07 Program Site. <br />Contractor shall provide services only in locations that are in compliance with all applicable local, <br />state and federal zoning, building, health, fire, and safety standards. <br />Section 14.08 Cost Allocation Plan. <br />Contractor shall submit a Cost Allocation Plan in the format provided in the Department's <br />Contractor's Financial Procedures Manual to the Department's Contract Oversight and Support <br />Section, at Mail Code 1326, P.O. Box 149347, Austin, Texas 78714 -9347, or by email to <br />Ina ilto:coscap�u dshs. state. tx.us no later than the 601h calendar day after the effective date of the <br />Contract, except when a Contractor has a current Cost Allocation Plan on file with the Department. <br />Contractor shall implement and follow the applicable Cost Allocation Plan. If Contractor's plan is <br />the same as the plan previously submitted to DSHS, by signing this Contract, Contractor certifies that <br />its current Cost Allocation Plan for the current year is the same as the plan previously submitted. If <br />the Cost Allocation Plan changes during the Contract term, Contractor shall submit a new Cost <br />Allocation Plan to the Contract Oversight and Support Section within thirty (30) calendar days after <br />General Provisions (Core Subrecipient) 2015 (July 1, 2014) 28 <br />
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