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in the event an actionable act or omission by a responsible person damages Department's interests. Contractor <br />shall notify, and obtain prior approval from, the DSHS Contract Oversight and Support Section before settling <br />a claim on the insurance. <br />Section 12.06 Overtime Compensation. Except as provided in this section, Contractor shall not use any of <br />the funds provided by this Contract to pay the premium portion of overtime. Contractor shall be responsible <br />for any obligations of premium overtime pay due employees. Premium overtime pay is defined as any <br />compensation paid to an individual in addition to the employee's normal rate of pay for hours worked in <br />excess of normal working hours. Funds provided under this Contract may be used to pay the premium portion <br />of overtime only under the following conditions: 1) with the prior written approval of DSHS; 2) temporarily, <br />in the case of an emergency or an occasional operational bottleneck; 3) when employees are performing <br />indirect functions, such as administration, maintenance, or accounting; 4) in performance of tests, laboratory <br />procedures, or similar operations that are continuous in nature and cannot reasonably be interrupted or <br />otherwise completed; or 5) when lower overall cost to DSHS will result. <br />Section 12.07 Program Site. Contractor shall provide services only in locations that are in compliance with <br />all applicable local, state and federal zoning, building, health, fire, and safety standards. <br />Section 12.08 Cost Allocation Plan. Contractor shall submit a Cost Allocation Plan in the format provided <br />in the Department's Contractor's Financial Procedures Manual to the Department's Contract Oversight and <br />Support Section, at Mail Code 1326, P.O. Box 149347, Austin, Texas 78714 -9347, or by email to <br />mailto:coscap @dshs.state.tx.us no later than the 601h calendar day after the effective date of the Contract, <br />except when a Contractor has a current Cost Allocation Plan on file with the Department. Contractor shall <br />implement and follow the applicable Cost Allocation Plan. If Contractor's plan is the same as the plan <br />previously submitted to DSHS, by signing this Contract, Contractor certifies that its current Cost Allocation <br />Plan for the current year is the same as the plan previously submitted. If the Cost Allocation Plan changes <br />during the Contract term, Contractor shall submit a new Cost Allocation Plan to the Contract Oversight and <br />Support Section within thirty (30) calendar days after the effective date of the change. Cost Allocation Plans <br />must comply with the guidelines provided in the Department's Contractor's Financial Procedures Manual <br />located at http: / /www.dshs.state.tx.us /contracts /cfpm.shtm. <br />Section 12.09 No Endorsement. Other than stating the fact that Contractor has a contract with DSHS, <br />Contractor and its subcontractors are prohibited from publicizing the contractual relationship between <br />Contractor and DSHS, and from using the Department's name, logo or website link in any manner that is <br />intended, or that could be perceived, as an endorsement or sponsorship by DSHS or the State of Texas of <br />Contractor's organization, program, services or product, without the express written consent of DSHS. <br />Section 12.10 Historically Underutilized Businesses (HUBS). If Contractor was not required to submit a <br />HUB subcontracting plan and if subcontracting is permitted under this Program Attachment, Contractor is <br />encouraged to make a good faith effort to consider subcontracting with HUBs in accordance with Tex. Gov. <br />Code Chapter 2161 and 34 Tex. Admin. Code § 20. 10 et seq. Contractors may obtain a list of HUBs at <br />http://www.window.state.tx.us/procurement/pro�/hub. If Contractor has filed a HUB subcontracting plan, the <br />plan is incorporated by reference in this Contract. If Contractor desires to make a change in the plan, <br />Contractor must obtain prior approval from the Department's HUB Coordinator of the revised plan before <br />proposed changes will be effective under this Contract. Contractor shall make a good faith effort to <br />subcontract with HUBs during the performance of this Contract and shall report HUB subcontract activity to <br />the Department's HUB Coordinator by the 15th day of each month for the prior month's activity, if there was <br />any such activity, in accordance with 34 Tex. Admin. Code § 20.16(b). <br />General Provisions (Core Subrecipient) 2013 Rev. 7/12 22 <br />