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<br />discovered and made known to the contractor/licensor in writing within ninety (90) days after fmal acceptance. <br />Nothing in the warranty shall be considered to limit any rights or remedies PERFORMING AGENCY or its <br />subrecipient(s) may otherwise have under the contract/license. <br /> <br />RECEIVING AGENCY will not hold PERFORMING AGENCY responsible if the information coming to <br />PERFORMING AGENCY's product/software from RECEIVING AGENCY is inaccurate or corrupt. <br /> <br />ARTICLE 12. Standards for Financial and Prol:rammatic Mana~ement <br /> <br />PERFORMING AGENCY shall develop, implement, and maintain financial management and control systems that <br />meet or exceed the requirements of UGMS as detailed in RECEIVING AGENCY's Financial Administrative <br />Procedures Manual. Those requirements shall include at a minimum: <br /> <br />A. Financial planning, including the development of budgets that adequately reflect all functions and <br />resources necessary to carty out authorized activities and the adequate determination of costs; <br /> <br />B. Financial management systems including accurate, correct, and complete payroll, accounting, and <br />financial reporting records; cost source documentation; effective internal and budgetary controls; <br />determination of reasonableness, allowableness, and allocability of costs; and timely and appropriate <br />audits and resolution of any findings; and, <br /> <br />C. Billing and collection policies, including a fee schedule, a system for discounting or adjusting charges <br />based on a person's income and family size, and a mechanism capable of billing and making reasonable <br />efforts to collect from patients and third parties. <br /> <br />PERFORMING AGENCY must bill all third party payers for services provided under the Attachment(s) before <br />submitting any request for reimbursement to RECEIVING AGENCY. A third party payer is any person or entity <br />who has the legal responsibility for paying all or part of the services provided, including commercial health or <br />liability insurance carriers, Medicaid, or other federal, state, local and private funding sources. Third party <br />billing functions will be provided by PERFORMING AGENCY at no cost to the client. PERFORMING <br />AGENCY or its subrecipient must become a Medicaid provider if performing approved Texas Medicaid services <br />authorized by the Attachment( s). <br /> <br />PERFORMING AGENCY and its governing body shall bear full responsibility for the integrity of the fiscal and <br />programmatic management. Such responsibility shall include: accountability for all funds and materials received <br />from RECEIVING AGENCY; compliance with RECEIVING AGENCY rules, policies, procedures, and applicable <br />federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self- <br />evaluation and RECEIVING AGENCY's monitoring processes. Ignorance of any contract provisions or other <br />requirements contained or referenced in this contract shall not constitute a defense or basis for waiving or appealing <br />such provisions or requirements. <br /> <br />ARTICLE 13. Bondin~ <br /> <br />PERFORMING AGENCY is required to carty a fidelity bond, insurance coverage or self-insurance equal to the <br />amount of funding provided under the contract Attachment(s) up to $100,000 that covers each employee of <br />PERFORMING AGENCY handling funds under this contract, including person(s) authorizing payment of such <br />funds. The fidelity bond, insurance, or self-insurance will provide for indemnification of losses occasioned by: <br />I) any fraudulent or dishonest act or acts committed by any of PERFORMING AGENCY's employees, either <br /> <br />(LGS) <br /> <br />2001 GENERAL PROVISIONS Page 10 <br /> <br />4/00 <br />