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<br />and materials received from Department. The responsibility of Contractor's governing board shall <br />also include accountability for compliance with Department Rules, policies, procedures, and <br />applicable federal and state laws and regulations; and correction of fiscal and program deficiencies <br />identified through self-evaluation and Department's monitoring processes. Further, Contractor's <br />governing board shall ensure separation of powers, duties, and functions of board members and staff. <br />Staff members, including the executive director, shall not serve as voting members of the <br />Contractor's governing board. No member of Contractor's governing board, or officer or employee of <br />Contractor shall vote for, confirm or act to influence the employment, compensation or change in <br />status of any person related within the second degree of affinity or the third degree of consanguinity <br />(as defined in Tex.Gov. Code Chapter 573) to the member of the governing body or the officer or any <br />employee authorized to employ or supervise such person. This prohibition does not prohibit the <br />continued employment of a person who has been continuously employed for a period of two (2) years <br />prior to the election, appointment or employment of the officer, employee, or governing body <br />member related to such person in the prohibited degree. These restrictions shall also apply to the <br />governing board, officers and employees of Contractor's subcontractors. Ignorance of any Contract <br />provisions or other requirements contained or referenced in this Contract shall not constitute a <br />defense or basis for waiving or appealing such provisions or requirements. <br />Section 12.02 Management and Control Systems. Contractor shall comply with all the <br />requirements of the Department's Contractor's Financial Procedures Manual, and any of its <br />subsequent amendments, which is available at the Department's web site: <br />http•//www.dshs.state.tx.us/contracts. Contractor shall maintain an appropriate contract <br />administration system to insure that all terms, conditions, and specifications are met. Contractor shall <br />develop, implement, and maintain financial management and control systems that meet or exceed the <br />requirements of UGMS and adhere to procedures detailed in Department's Contractor's Financial <br />Procedures Manual. Those requirements shall include at a minimum: <br />a) financial planning, including the development of budgets that adequately reflect all functions <br />and resources necessary to carry out authorized activities and the adequate determination of <br />costs; <br />b) financial management systems that include accurate accounting records that are accessible <br />and identify the source and application of funds provided under each Program Attachment of <br />this Contract, original source documentation substantiating that costs are specifically and <br />solely allocable to the Program Attachment and are traceable from the transaction to the <br />general ledger; and <br />c) effective internal and budgetary controls; comparison of actual costs to budget; determination <br />of reasonableness, allowableness, and allocability of costs; timely and appropriate audits and <br />resolution of any findings; billing and collection policies; and a mechanism capable of billing <br />and making reasonable efforts to collect from clients and third parties. <br />General Provisions (Core Subrecipient 2009) 9/10/08 Page 19 of 38