|
Fiscal Year 2012 Department of State Health Services Contract
<br />General Provisions
<br />(Core/Subrecipient)
<br />ARTICLE I COMPLIANCE AND REPORTING
<br />Section 1.01 Compliance with Statutes and Rules. Contractor shall comply, and shall require its
<br />subcontractor(s) to comply, with the requirements of the Department's rules of general applicability and other
<br />applicable state and federal statutes, regulations, rules, and executive orders, as such statutes, regulations,
<br />rules, and executive orders currently exist and as they may be lawfully amended. The Department rules are
<br />located in the Texas Administrative Code, Title 25 (Rules). To the extent this Contract imposes a higher
<br />standard, or additional requirements beyond those required by applicable statutes, regulations, rules or
<br />executive orders, the terms of this Contract will control. Contractor further agrees that, upon notification from
<br />DSHS, Contractor shall comply with the terms of any contract provisions DSHS is required to include in its
<br />contracts under legislation effective at the time of the effective date of this Contract or during the term of this
<br />Contract.
<br />Section 1.02 Compliance with Requirements of Solicitation Document. Except as specified in these
<br />General Provisions or the Program Attachment(s), Contractor shall comply with the requirements, eligibility
<br />conditions, assurances, certifications and program requirements of the Solicitation Document, if any,
<br />(including any revised or additional terms agreed to in writing by Contractor and DSHS prior to execution of
<br />this Contract) for the duration of this Contract or any subsequent renewals. The Parties agree that the
<br />Department has relied upon Contractor's response to the Solicitation Document. The Parties agree that any
<br />misrepresentation contained in Contractor's response to the Solicitation Document constitutes a breach of this
<br />Contract.
<br />Section 1.03 Reporting. Contractor shall submit reports in accordance with the reporting requirements
<br />established by the Department and shall provide any other information requested by the Department in the
<br />format required by DSHS. Failure to submit any required report or additional requested information by the due
<br />date specified in the Program Attachment(s) or upon request constitutes a breach of contract, may result in
<br />delayed payment and/or the imposition of sanctions and remedies, and, if appropriate, emergency action; and
<br />may adversely affect evaluation of Contractor's future contracting opportunities with the Department.
<br />Section 1.04 Client Financial Eligibility. Where applicable, Contractor shall use financial eligibility
<br />criteria, financial assessment procedures and standards developed by the Department to determine client
<br />eligibility.
<br />Section 1.05 Applicable Contracts Law and Venue for Disputes. Regarding all issues related to contract
<br />formation, performance, interpretation, and any issues that may arise in any dispute between the Parties, this
<br />Contract will be governed by, and construed in accordance with, the laws of the State of Texas. In the event of
<br />a dispute between the Parties, venue for any suit will be Travis County, Texas.
<br />Section 1.06 Applicable Laws and Regulations Regarding Funding Sources. Where applicable, federal
<br />statutes and regulations, including federal grant requirements applicable to funding sources, will apply to this
<br />Contract. Contractor agrees to comply with applicable laws, executive orders, regulations and policies, as well
<br />as Office of Management and Budget (OMB) Circulars, the Uniform Grant and Contract Management Act of
<br />1981 (UGMA), Tex. Gov. Code Chapter 783, and Uniform Grant Management Standards (UGMS), as revised
<br />by federal circulars and incorporated in UGMS by the Governor's Budget, Planning and Policy Division.
<br />UGMA and UGMS can be located through web links on the DSHS website at
<br />http: / /www.dshs. state .tx.us /contracts /links.shtm. Contractor also shall comply with all applicable federal and
<br />state assurances contained in UGMS, Part III, State Uniform Administrative Requirements for Grants and
<br />Cooperative Agreements §_.14. If applicable, Contractor shall comply with the Federal awarding agency's
<br />Common Rule, and the U.S. Health and Human Services Grants Policy Statement, both of which may be
<br />General Provisions (Core Subrecipient) 2012
<br />
|