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Attachment of its plan to seek bankruptcy protection within three (3) working days of such action by
<br />Contractor's governing body.
<br />Section 10.06 Misuse of Funds and Performance Malfeasance. Contractor shall report to the contract
<br />manager assigned to the Program Attachment, any knowledge of debarment, suspected fraud, program abuse,
<br />possible illegal expenditures, unlawful activity, or violation of financial laws, rules, policies, and procedures
<br />related to performance under this Contract. Contractor shall make such report no later than three (3) working
<br />days from the date that Contractor has knowledge or reason to believe such activity has taken place.
<br />Additionally, if this Contract is federally funded by the Department of Health and Human Services (HHS),
<br />Contractor shall report any credible evidence that a principal, employee, subcontractor or agent of Contractor,
<br />or any other person, has submitted a false claim under the False Claims Act or has committed a criminal or
<br />civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct
<br />involving those funds. Contractor shall make this report to the SAO at http: / /sao.fraud.state.tx.us, and to the
<br />HHS Office of Inspector General at http:/ /www.oig.hhs.gov /fraud/hotline/ no later than three (3) working days
<br />from the date that Contractor has knowledge or reason to believe such activity has taken place.
<br />Section 10.07 Criminal Activity and Disciplinary Action. Contractor affirms that no person who has an
<br />ownership or controlling interest in the organization or who is an agent or managing employee of the
<br />organization has been placed on community supervision, received deferred adjudication, is presently indicted
<br />for or has been convicted of a criminal offense related to any financial matter, federal or state program or
<br />felony sex crime. Contractor shall notify in writing the contract manager assigned to the Program Attachment
<br />if it has reason to believe Contractor, or a person with ownership or controlling interest in the organization or
<br />who is an agent or managing employee of the organization, an employee or volunteer of Contractor, or a
<br />subcontractor providing services under this Contract has engaged in any activity that would constitute a
<br />criminal offense equal to or greater than a Class A misdemeanor or if such activity would reasonably
<br />constitute grounds for disciplinary action by a state or federal regulatory authority, or has been placed on
<br />community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense
<br />relating to involvement in any financial matter, federal or state program or felony sex crime. Contractor shall
<br />make the reports required by this section no later than three (3) working days from the date that Contractor has
<br />knowledge or reason to believe such activity has taken place. Contractor shall not permit any person who
<br />engaged, or was alleged to have engaged, in an activity subject to reporting under this section to perform direct
<br />client services or have direct contact with clients, unless otherwise directed by DSHS.
<br />Section 10.08 Retaliation Prohibited. Contractor shall not retaliate against any person who reports a
<br />violation of, or cooperates with an investigation regarding, any applicable law, rule, regulation or standard to
<br />the Department, another state agency, or any federal, state or local law enforcement official.
<br />Section 10.09 Documentation. Contractor shall maintain appropriate documentation of all notices required
<br />under these General Provisions.
<br />ARTICLE XI ASSURANCES AND CERTIFICATIONS
<br />Section 11.01 Certification. Contractor certifies by execution of this Contract to the following:
<br />a) it is not disqualified under 2 CFR §376.935 or ineligible for participation in federal or state assistance
<br />programs;
<br />b) neither it, nor its principals, are presently debarred, suspended, proposed for debarment, declared
<br />ineligible, or voluntarily excluded from participation in this transaction by any federal or state
<br />department or agency in accordance with 2 CFR Parts 376 and 180 (parts A -I), 45 CFR Part 76 (or
<br />comparable federal regulations);
<br />c) it has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a
<br />federal or state agency;
<br />General Provisions (Core Subrecipient) 2013 Rev. 7/12 18
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