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<br />PERFORMING AGENCY must expend program income during the Attachment tenn in which it is earned, and may
<br />not carry forward to the succeeding term. Program income not expended in the term in which it is earned shall be
<br />refunded to RECEIVING AGENCY;
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<br />RECEIVING AGENCY may base future funding levels, in part, upon PERFORMING AGENCY's proficiency in
<br />identifying, billing, collecting, and reporting program income, and in utilizing it for the purposes and conditions
<br />of the applicable Attachment(s).
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<br />ARTICLE 20. Overtime Compensation
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<br />PERFORMING AGENCY shall not use any ofthe funds provided by the Attachment(s) hereto to pay the premium
<br />portion of overtime. PERFORMING AGENCY shall be responsible for any obligations of premium overtime pay
<br />due employees. Premium overtime pay is defined as any compensation paid to an individual in addition to the
<br />normal rate of pay for hours worked in excess of normal working hours.
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<br />ARTICLE 21. Equipment and Supplies
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<br />In accordance with Health & Safety Code, 912.053, VTCA, title. to all equipment and supplies. purchased from
<br />funds from this contract will be in the name of PERFORMING AGENCY throughout the Attachment(s) term(s)
<br />or until the Attachment is terminated.
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<br />Equipment is defined as tangible nonexpendable property with an acquisition cost of more than $1,000 and a useful
<br />life of more than one year,. with the following exceptions: fax machines, stereo systems, cameras, video
<br />recorder/players, microcomputers, software, medical equipment, laboratory equipment, and printers. If the unit
<br />cost of these exception items is more than $500, they will still be considered equipment, must be approved for
<br />purchase, and are considered capital assets for inventory purposes. Medical and laboratory equipment in this
<br />category is defined as microscopes, oscilloscopes, centrifuges, balances, and incubators. Medical and laboratory
<br />equipment not included in these five categories is not considered a capital asset unless the. unit value is more than
<br />$1,000. Supplies which may be necessary to carry out the contract include medical supplies, drugs, janitorial
<br />supplies, office supplies, patient educational supplies, software. less than $500, plus any equipment with a purchase
<br />price including freight not to exceed $1,000 per item, except those defined as "equipment."
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<br />Unless initially listed and approved in the Attachment(s), prior written approval from RECEIVING AGENCY is
<br />required for any changes to approved equipment purchases meeting the above equipment definition. To receive
<br />approval to purchase data processing hardware and software or enhancements, PERFORMING AGENCY must
<br />submit a detailed justification and specification which include a description of features, make and model, and cost,
<br />etc.
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<br />PERFORMING AGENCY shall maintain a property inventory and submit an annual cumulative report (TOR Form
<br />GC-Il) to RECEIVING AGENCY no later than October 15th of each year. PERFORMING AGENCY shall
<br />administer a program of maintenance, repair, and protection of assets under this contract so as to assure their full
<br />availability and usefulness. In the event PERFORMING AGENCY is indemnified,. reimbursed,. or otherwise
<br />compensated for any loss of, destruction of, or damage to the assets provided under this contract, it shall use the
<br />proceeds to repair or replace said assets.
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<br />Upon termination or expiration of applicable Attachment(s), title to any remaining equipment and supplies
<br />purchased from funds under this contract reverts to RECEIVING AGENCY. Title may be transferred to any other
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<br />(LGS)
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<br />2000 GENERAL PROVISIONS Page 14
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