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Res 2008-142
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Res 2008-142
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4/15/2009 4:02:51 PM
Creation date
10/29/2008 1:44:37 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
2008-142
Date
10/21/2008
Volume Book
178
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terminated for cause is not eligible for expansion of current contracts, if any, or new contracts or <br />renewals until the Department has determined that Contractor has satisfactorily resolved the issues <br />underlying the suspension or termination. Additionally, if this Contract is found to be void, any <br />amount paid is subject to refund. <br />Section 17.03 Appeals Rights. Pursuant to Tex. Gov. Code § 2105.302, after receiving notice from <br />the Department of termination of a contract with DSHS funded by block grant funds, Contractor may <br />request an administrative hearing under Tex. Gov. Code Chapter 2001. <br />ARTICLE XVIII CLOSEOUT AND CONTRACT RECONCILIATION <br />Section 18.01 Cessation of Services At Closeout. Upon expiration of this Contract or Program <br />Attachment, as applicable, (and any renewals of this Contract or Program Attachment) on its own <br />terms, Contractor shall cease services under this Contract or Program Attachment and shall cooperate <br />with DSHS to the fullest extent possible to ensure the orderly and safe transfer of responsibilities <br />under this Contract to DSHS or other entity designated by DSHS. Upon receiving notice of Contract <br />or Program Attachment termination or non-renewal, the Contractor agrees to immediately begin to <br />transition recipients of services to alternative service providers, as needed. Contractor also agrees to <br />completely cease providing services under this Contract or Program Attachment by the date specified <br />in the termination or non-renewal notice. Contractor shall not bill DSHS for services performed after <br />termination or expiration of this Contract or Program Attachment, or incur any additional expenses <br />once this Contract or Program Attachment is terminated or has expired. Upon termination, expiration <br />or non-renewal of this Contract or a Program Attachment, Contractor shall immediately initiate <br />Closeout activities described in this Article. <br />Section 18.02 Administrative Offset. The Department shall have the right to administratively offset <br />amounts owed by Contractor against billings. <br />Section 18.03 Deadline for Closeout. Contractor shall submit all financial, performance, and other <br />Closeout reports required under this Contract within sixty (60) calendar days after the Contract or <br />Program Attachment end date. Unless otherwise provided under the Final Billing Submission section <br />of the Payment Methods and Restrictions Article, the Department is not liable for any claims that are <br />not received within sixty (60) calendar days after the Contract or Program Attachment end date. <br />Section 18.04 Payment of Refunds. Any funds paid to the Contractor in excess of the amount to <br />which the Contractor is finally determined to be entitled under the terms of this Contract constitute a <br />debt to the Department and will result in a refund due. Contractor shall pay any refund amount due <br />within the time period established by the Department. <br />Section 18.05 Disallowances and Adjustments. The Closeout of this Contract or Program <br />Attachment does not affect the Department's right to disallow costs and recover funds on the basis of <br />a later audit or other review or the Contractor's obligation to return any funds due as a result of later <br />refunds, corrections, or other transactions. <br />Section 18.06 Contract Reconciliation. If Contractor is required to annually reconcile multi-year <br />contracts, Contractor, within sixty (60) calendar days after the end of each year of this Contract, shall <br />General Provisions (Core Subrecipient 2009) 6/5/08 Page 37 of 38
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