Common use of General Remedies and Sanctions Clause in Contracts

General Remedies and Sanctions. The remedies and sanctions in this section are available to County against Contractor and any entity that subcontracts with Contractor for provision of services or goods. Additionally, DCHHS OIG may investigate, audit and impose or recommend imposition of remedies or sanctions to County for any breach of this Contract. County may impose one or more remedies or sanctions for each item of noncompliance and shall determine remedies or sanctions on a case-by-case basis if Contractor breaches this Contract by failing to comply with one or more of the terms of this Contract, including but not limited to compliance with applicable statutes, rules or regulations, County may take one or more of the following actions: a) Terminate this Contract by one of the means provided in Article XVI. If applicable, notify Contractor of the opportunity to request a hearing on the termination pursuant to Texas Government Code Chapter 2105 regarding administration of Block Grants. b) Suspend all or part of this Contract by notifying that the Contractor that County is temporarily discontinue performance of all or a part of the Contract as provided for in Article XVI; as of the effective date of the suspension pending County’s determination to terminate, amend the Contract or permit the Contractor to resume performance. Contractor shall not bill County for services performed during suspension, unless expressly authorized by the notice of suspension. c) Use as a basis to deny additional or enter into future contracts with Contractor; d) Temporarily withhold cash payments to Contractor for proper charges or pending resolution of issues of noncompliance with conditions of this Contract or indebtedness to the United States or to the State of Texas; e) Permanently withhold cash payments by retaining funds billed by Contractor. f) Request that Contractor be removed from the centralized Master Bidders List (CMBL) or any other state bid list, and barred from participating in future contracting opportunities with the State of Texas; g) Declare this Contract void upon County’s determination that this Contract was obtained fraudulently, or was illegal or invalid from this Contract’s inception and demand repayment of any funds under this Contract; h) Delay execution of a new contract or renewal with Contractor while other imposed or proposed sanctions are pending resolution; i) Demand repayment from Contractor when it has been verified that Contractor has been overpaid for reasons such as payments are not supported by proper documentation, or failure to comply with Contract terms; j) Pursue a claim for damages as a result of breach of contract; k) Require Contractor to prohibit any employee or volunteer of Contractor from performing under this Contract or having direct contact with County- funded clients or participants, if the employee or volunteer, has been indicted or convicted of the misuse of state or federal funds, fraud or illegal acts that are in contraindication to continued obligations under this Contract, as reasonably determined by County; l) Withhold any payment to Contractor to satisfy any recoupment imposed by County, and take repayment from funds available under this Contract in amounts necessary to fulfill Contractor’s payment or repayment obligations; m) Reduce the Contract term; n) Recoup improper payments when Contractor has been overpaid for reasons such as payments are not supported by proper documentation, improper billing or failure to comply with Contract terms; and o) Impose any other remedies, sanctions or penalties permitted by federal or state statute, law, regulation or rule.

General Remedies and Sanctions. The remedies and sanctions in this section are available to County the Department against Contractor and any entity that subcontracts with Contractor for provision of services or goods. Additionally, DCHHS HHSC OIG may investigate, audit and impose or recommend imposition of remedies or sanctions to County Department for any breach of this Contract. County The Department may impose one or more remedies or sanctions for each item of noncompliance and shall determine remedies or sanctions on a case-by-case basis if basis. If Contractor breaches this Contract by failing to comply with one or more of the terms of this Contract, including but not limited to compliance with applicable statutes, rules or regulations, County the Department may take one or more of the following actions: a) : Terminate this Contract by one informing the Contractor of the means provided termination no less than 30 calendar days before the effective date of the termination in Article XVIa notice of termination, except for circumstances that require immediate termination as described in the Immediate Termination section of this . If The notice of termination shall state the effective date of the termination, the reasons for the termination, and, if applicable, notify alert Contractor of the opportunity to request a hearing on the termination pursuant to Texas Government Code Chapter 2105 regarding administration of Block Grants. b) . Contractor shall not make any claim for payment for services provided from the effective date of termination; Suspend all or part of this Contract by notifying that the Contractor that County DSHS is temporarily discontinue performance of all or a part of the Contract as provided for in Article XVI; Contract, as of the effective date of the suspension pending CountyDSHS’s determination to terminate, amend the Contract or permit the Contractor to resume performance. Contractor shall not bill County DSHS for services performed during suspension, unless expressly authorized by the notice of suspension. c) ; Use as a basis to deny additional or enter into future contracts with Contractor; d) ; Temporarily withhold cash payments to Contractor for proper charges or pending resolution of issues of noncompliance with conditions of this Contract or indebtedness to the United States or to the State of Texas; e) ; Permanently withhold cash payments by retaining funds billed by Contractor. f) Request that Contractor be removed from the centralized Master Bidders List (CMBL) for Undocumented, disputed, inaccurate, improper or any other state bid list, and barred from participating in future contracting opportunities with the State of Texas; g) Declare this Contract void upon County’s determination that this Contract was obtained fraudulently, or was illegal or invalid from this Contract’s inception and demand repayment of any funds under this Contract; h) Delay execution of a new contract or renewal with Contractor while other imposed or proposed sanctions are pending resolution; i) Demand repayment from Contractor when it has been verified that Contractor has been overpaid for reasons such as payments are not supported by proper documentation, or erroneous xxxxxxxx; Material failure to comply with Contract terms; j) Pursue a claim for damages as a result of breach of contract; k) Require Contractor to prohibit any employee or volunteer of Contractor from performing under this Contract or having direct contact with County- funded clients or participants, if the employee or volunteer, has been indicted or convicted of the misuse of state or federal funds, fraud or illegal acts that are in contraindication to continued obligations under this Contract, as reasonably determined by County; l) Withhold any payment to Contractor to satisfy any recoupment imposed by County, and take repayment from funds available under this Contract in amounts necessary to fulfill Contractor’s payment or repayment obligations; m) Reduce the Contract term; n) Recoup improper payments when Contractor has been overpaid for reasons such as payments are not supported by proper documentation, improper billing or failure to comply with Contract termsprovisions; and o) Impose any other remedies, sanctions or penalties permitted by federal or state statute, law, regulation or rule.or

General Remedies and Sanctions. The remedies and sanctions in this section are available to County the Department against Contractor and any entity that subcontracts with Contractor for provision of services or goods. Additionally, DCHHS HHSC OIG may investigate, audit and impose or recommend imposition of remedies or sanctions to County Department for any breach of this Contract. County The Department may impose one or more remedies or sanctions for each item of noncompliance and shall determine remedies or sanctions on a case-by-case basis if Contractor breaches this Contract by failing to comply with one or more of the terms of this Contract, including but not limited to compliance with applicable statutes, rules or regulations, County the Department may take one or more of the following actions: a) a. Terminate this Contract by one of the means provided in Article XVIXVII. If applicable, notify Contractor of the opportunity to request a hearing on the termination pursuant to Texas Government Code Chapter 2105 regarding administration of Block Grants.; b) b. Suspend all or part of this Contract by notifying that the Contractor that County DSHS is temporarily discontinue performance of all or a part of the Contract as provided for in Article XVIXVII; as of the effective date of the suspension pending CountyDSHS’s determination to terminate, amend the Contract or permit the Contractor to resume performance. Contractor shall not bill County DSHS for services performed during suspension, unless expressly authorized by the notice of suspension.; c) c. Use as a basis to deny additional or enter into future contracts with Contractor; d) d. Temporarily withhold cash payments to Contractor for proper charges or pending resolution of issues of noncompliance with conditions of this Contract or indebtedness to the United States or to the State of Texas; e) e. Permanently withhold cash payments by retaining funds billed by Contractor.; f) f. Request that Contractor be removed from the centralized Centralized Master Bidders List (CMBL) or any other state bid list, and barred from participating in future contracting opportunities with the State of Texas; g) g. Declare this Contract void upon Countythe Department’s determination that this Contract was obtained fraudulentlyFraudulently, or was illegal or invalid from this Contract’s inception and demand repayment of any funds under this Contract; h) Delay execution of a new contract or renewal with Contractor while other imposed or proposed sanctions are pending resolution; i) Demand repayment from Contractor when it has been verified that Contractor has been overpaid for reasons such as payments are not supported by proper documentation, or failure to comply with Contract terms; j) Pursue a claim for damages as a result of breach of contract; k) Require Contractor to prohibit any employee or volunteer of Contractor from performing under this Contract or having direct contact with County- funded clients or participants, if the employee or volunteer, has been indicted or convicted of the misuse of state or federal funds, fraud or illegal acts that are in contraindication to continued obligations under this Contract, as reasonably determined by County; l) Withhold any payment to Contractor to satisfy any recoupment imposed by County, and take repayment from funds available under this Contract in amounts necessary to fulfill Contractor’s payment or repayment obligations; m) Reduce the Contract term; n) Recoup improper payments when Contractor has been overpaid for reasons such as payments are not supported by proper documentation, improper billing or failure to comply with Contract terms; and o) Impose any other remedies, sanctions or penalties permitted by federal or state statute, law, regulation or rule.

General Remedies and Sanctions. The remedies and sanctions in this section are available to County the Department against Contractor and any entity that subcontracts with Contractor for provision of services or goods. Additionally, DCHHS HHSC OIG may investigate, audit and impose or recommend imposition of remedies or sanctions to County Department for any breach of this Contract. County The Department may impose one or more remedies or sanctions for each item of noncompliance and shall determine remedies or sanctions on a case-by-case basis if If Contractor breaches this Contract by failing to comply with one or more of the terms of this Contract, including but not limited to compliance with applicable statutes, rules or regulations, County the Department may take one or more of the following actions: a) : Terminate this Contract by one informing the Contractor of the means provided termination no less than thirty calendar days before the effective date of the termination in Article XVIa notice of termination, except for circumstances that require immediate termination as described in the Immediate Termination section of this Article. If The notice of termination shall state the effective date of the termination, the reasons for the termination, and, if applicable, notify alert Contractor of the opportunity to request a hearing on the termination pursuant to Texas Government Code Chapter 2105 regarding administration of Block Grants. b) . Contractor shall not make any claim for payment for services provided from the effective date of termination; Suspend all or part of this Contract by notifying that the Contractor that County DSHS is temporarily discontinue performance of all or a part of the Contract as provided for in Article XVI; Contract, as of the effective date of the suspension pending CountyDSHS’s determination to terminate, amend the Contract or permit the Contractor to resume performance. Contractor shall not bill County DSHS for services performed during suspension, unless expressly authorized by the notice of suspension. c) ; Use as a basis to deny additional or enter into future contracts with Contractor; d) ; Temporarily withhold cash payments to Contractor for proper charges or pending resolution of issues of noncompliance with conditions of this Contract or indebtedness to the United States or to the State of Texas; e) ; Permanently withhold cash payments by retaining funds billed by Contractor. f) Request that Contractor be removed from the centralized Master Bidders List (CMBL) for Undocumented, disputed, inaccurate, improper or any other state bid list, and barred from participating in future contracting opportunities with the State of Texas; g) Declare this Contract void upon County’s determination that this Contract was obtained fraudulently, or was illegal or invalid from this Contract’s inception and demand repayment of any funds under this Contract; h) Delay execution of a new contract or renewal with Contractor while other imposed or proposed sanctions are pending resolution; i) Demand repayment from Contractor when it has been verified that Contractor has been overpaid for reasons such as payments are not supported by proper documentation, or erroneous xxxxxxxx; Material failure to comply with Contract terms; j) Pursue a claim for damages as a result of breach of contract; k) Require Contractor to prohibit any employee or volunteer of Contractor from performing under this Contract or having direct contact with County- funded clients or participants, if the employee or volunteer, has been indicted or convicted of the misuse of state or federal funds, fraud or illegal acts that are in contraindication to continued obligations under this Contract, as reasonably determined by County; l) Withhold any payment to Contractor to satisfy any recoupment imposed by County, and take repayment from funds available under this Contract in amounts necessary to fulfill Contractor’s payment or repayment obligations; m) Reduce the Contract term; n) Recoup improper payments when Contractor has been overpaid for reasons such as payments are not supported by proper documentation, improper billing or failure to comply with Contract termsprovisions; and o) Impose any other remedies, sanctions or penalties permitted by federal or state statute, law, regulation or rule.or