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Res 2010-152
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Res 2010-152
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Last modified
12/28/2010 11:09:27 AM
Creation date
10/22/2010 3:16:30 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
152
Date
10/22/2010
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Contractor has satisfactorily resolved the issues underlying the suspension or termination. <br />Additionally, if this Contract is found to be void, any amount paid is subject to repayment. <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 <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 <br />cooperate with DSHS to the fullest extent possible upon expiration or prior to expiration, as <br />necessary, to ensure the orderly and safe transfer of responsibilities under this Contract to DSHS or <br />another entity designated by DSHS. Upon receiving notice of Contract or Program Attachment <br />termination or non - renewal, Contractor shall immediately begin to effect an orderly and safe <br />transition of recipients of services to alternative service providers, as needed. Contractor also shall <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 />(with no renewal) or non - renewal of this Contract or a Program Attachment, Contractor shall <br />immediately initiate Closeout activities described in this Article. <br />Section 18.02 Administrative Offset. The Department has 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 Contractor in excess of the amount to which <br />Contractor is finally determined to be entitled under the terms of this Contract constitute a debt to the <br />Department and will result in a refund due, which Contractor shall pay within the time period <br />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 Contractor's obligation to return any funds due as a result of later <br />refunds, corrections, or other transactions. <br />General Provisions (Core Subrecipient) 2011 38 <br />
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