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<br /> currently available to PERFORMING AGENCY for a particular activity. <br /> PERFORMING AGENCY further agrees to maintain to the best of its ability its <br /> current level of support, if any. <br /> PERFORMING AGENCY will refund to RECEIVING AGENCY any funds PERFORMING AGENCY <br /> claims and receives from RECEIVING AGENCY for the reimbursement of costs which <br /> are determined by RECEIVING AGENCY to be ineligible for reimbursement. <br /> RECEIVING AGENCY will have the right to withhold all or part of any future <br /> payments to PERFORMING AGENCY to offset any reimbursement made to PERFORMING <br /> AGENCY for any ineligible expenditures not refunded to RECEIVING AGENCY by <br /> PERFORMING AGENCY. <br /> Payment may be denied for noncompliance if required financial reports are not <br /> on file for previous quarters or for the final period. or for failure to <br /> respond to financial compliance monitoring reports, or if program requirements <br /> are not met as specified in the Scope(s) of Work. <br /> ARTICLE 12. Advance Payments <br /> <br /> PERFORMING AGENCY may request, in writing, a one time advance with proper <br /> justification and the concurrence of RECEIVING AGENCY. Amount of advance will <br /> be determined by the amount and term of the attachment(s); however. for each <br /> attachment, the amount of the advance will not exceed one-sixth (1/6th) of a <br /> twelve-month attachment. Advance will be requested on a State of Texas <br /> Purchase Voucher at the beginning of attachment period or at a single later <br /> time in the attachment period if circumstances so warrant and the request is <br /> approved. Advance funds will be liquidated during the attachment term so <br /> that, after final monthly billing, PERFORMING AGENCY will not have advance <br /> funds on hand. Advance funds may be drawn only to meet immediate cash needs <br /> for disbursement (UGCMS and federal circulars). <br /> Amendments to this contract may require upward or downward adjustment to the <br /> allowable advance until it equates 1/6th of a twelve-month attachment or <br /> approximates two months operating costs. In the case of a downward <br /> adjustment, PERFORMING AGENCY and RECEIVING AGENCY will agree on the amount of <br /> adjustment to the advance. RECEIVING AGENCY retains the option to reduce <br /> future claims by the required amount. In the case of an upward adjustment and <br /> PERFORMING AGENCY needs additional funds to meet immediate operating expenses, <br /> PERFORMING AGENCY may submit to RECEIVING AGENCY a written justification and <br /> State of Texas Purchase Voucher in the amount necessary to correct the ratio. <br /> ARTICLE 13. ProS!ram Income <br /> <br /> PERFORMING AGENCY will develop a fee for service system and a schedule of fees <br /> for personal health services in accordance with the provisions of Article <br /> 4414c, V.T.C.S., and the Texas Board of Health rules covering Fees for <br /> Clinical Health Services (25 TAC, Sec. 1. 91) and other applicable laws <br /> provided, however, that a patient may not be denied a service due to inability <br /> to pay. <br /> All revenues received from the delivery of contract services will be <br /> identified, reported, and utilized as provided in this article. Such program <br /> income will be retained by PERFORMING AGENCY and: (1) be used by PERFORMING <br /> AGENCY for any purposes which further the objectives of the program and the <br /> 1991 GENERAL PROVISIONS - Page 5 (rev.5/90) <br />