Res 1996-183 - Laserfiche WebLink

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Ç?# PERFORMING AGENCY will refund to RECEIVING AGENCY any funds PERFORMING AGENCY claims and receives from RECEIVING AGENCY for the reimbursement of costs which are determined by RECEIVING AGENCY to be ineligible for reimbursement. RECEIVING AGENCY will have the right to withhold all or part of any future payments to PERFORMING AGENCY to offset any reimbursement made to PERFORMING AGENCY for any ineligible expenditures not refunded to RECEIVING AGENCY by PERFORMING AGENCY. Repayment may be taken from this contract Attachment or other active or expired contract Attachments with the same funding source between the parties in amounts necessary to fulfill PERFORMING AGENCY repayment obligations. Payment may be denied for noncompliance if required financial reports are not on file for previous quarters or for the .--- final period, for failure to respond to financial compliance monitoring reports, for failure to submit independent audit reports as required by applicable OMB Circulars, or if program requirements are not met as specified in the Scope(s) of Work. ARTICLE 13. Advance Payment<; PERFORMING AGENCY may request, in writing, a one time advance per Attachment with written justification and the concurrence of RECEIVING AGENCY. Amount of advance will be determined by the amount and term of the applicable Attachment(s). For each twelve (12) month Attachment, the amount of the advance will not exceed one-sixth (1/6th) of the total reimbursable amount. Advance will be requested on a State of Texas Purchase Voucher at the begimJing of the applicable Attachment period or at a single later rime in the applicable Attachment period if circumstances so warrant and the request is approved. Advance funds will be liquidated during the applicable Attachment term so that, after final monthly billing, PERFORMING AGENCY will not have advance funds on band. Advance funds may be drawn only to meet immediate cash needs for disbursement. ~ Amendments to applicable Attachment(s) may require upward or downward adjustment to the allowable advance until it equates 1I6th of a twelve-month Attachment. In the case of a downward adjustment, PERFORMING AGENCY and RECEIVING AGENCY will agree on the amount of adjustment to the advance. RECEIVING AGENCY retains the option to reduce future claims by the required amount. In the case of an upward adjustment and if PERFORMING AGENCY needs additional funds to meet immediate operating expenses, PERFORMING AGENCY may submit to RECEIVING AGENCY a written justification and State of Texas Purchase Voucher in the amount necessary to correct the ratio. ARTICLE 14. Proeram Tncome PERFORMING AGENCY may develop a fee for service system and a schedule of fees for personal health services in accordance with the provisions of Chapter 12, Sub-chapter D, Health and Safety Code, the Texas Board of Health rules covering Fees for Clinical Health Services, 25 TAC § 1.91, and other applicable laws provided, however, that a patient may not be denied a service due to inability to pay. Both parties agree all reveDlles directly generated by an Attachment(s) supported activity or earned only as a result of the Attachment(s) during the term of the Attachment(s) are considered program income. This income will be identified and reported quarterly and annually utilizing the report forms identified in the Financial Reports Article of these provisions. PERFORMING AGENCY will retain the program income and use one of the following alternatives: 1. Where the PERFORMING AGENCY is reimbursed by RECEIVING AGENCY under a cost reimbursement method, the additive or deductive alternatives for program income may be used. Under the additive method, PERFORMING AGENCY will add the program income to the funds already committed to the project by both the RECEIVING AGENCY and PERFORMING AGENCY. PERFORMING AGENCY agrees program income will be used to further the program objectives of the StatelFederal statute under which the Scope of Work for the Attachment(s) was made and must be spent in the same project where it was generated. Program income earned in a current budget period and not expended in that budget period may be carried forward to the next (1 ndependent) 1997 GENERAL PROVISIONS - Page 6 (5/96)