| (a) DFPS is responsible for identifying and investigating
contract deficiencies and violations. DFPS reserves the right to implement
those contract remedies which are necessary to rectify contract deficiencies
and violations.
(1) If DFPS finds that performance issues, problems,
or deficiencies exist with a contract provider of services, DFPS may
investigate to determine whether there is a contract violation, including
violations that have already occurred, violations that currently exist,
or imminent violations.
(2) If DFPS determines that there is a contract violation,
then DFPS will decide on the appropriate contract remedy to be imposed.
(3) As required by the contract, DFPS will give written
notice to the contracted provider, describing the contract violation,
the contract remedy to be imposed, the method by which reimbursement
(if applicable) to DFPS will be made, and the time frame for resolution
of the issue.
(b) DFPS reserves the right to use the following remedies,
including, but not limited to:
(1) assessment of liquidated damages;
(2) assessment of consequential damages;
(3) imposition of a corrective action plan;
(4) suspension or debarment;
(5) involuntary suspension of a contract or portion
of a contract;
(6) involuntary termination of a contract or portion
of a contract;
(7) a vendor hold or similar temporary delay in payment;
or
(8) any agreed temporary remedial measure intended
to facilitate contract compliance.
(c) When a licensed residential child-care provider
contracts with DFPS to provide substitute care to children in DFPS's
managing conservatorship, the provider must ensure that each child-care
facility operating under the contract secures and protects the health,
safety, and welfare of each child in placement there. If at any time
DFPS discovers that conditions exist in a contracted or subcontracted
residential child-care facility which constitute an immediate threat
to the health, safety, or welfare of any child currently or prospectively
in placement there, DFPS has the authority to take any actions necessary
to protect that child. The actions that DFPS may take in such circumstances
include, but are not limited to:
(1) the immediate removal from the facility of any
or all of the children whom DFPS has placed there; and/or
(2) the cessation of any or all new DFPS placements
in the facility.
(d) In addition to taking the actions specified in
this section, DFPS has the authority to impose any lesser remedies
available to remove conditions constituting a threat to the health,
safety, or welfare of clients under a contract or to monitor and protect
public funds.
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