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<br />contractllicense; provided, that notwithstanding any provision to the contrary in such commercial warranty or <br />warranties, the remedies available to PERFORMING AGENCY or its subrecipient(s) shall include repair or <br />replacement of any supplied product if its noncompliance is discovered and made known to the contractor/licensor in <br />writing within ninety (90) days after final acceptance. Nothing in the warranty shall be considered to limit any rights <br />or remedies PERFORMING AGENCY or its subrecipient(s) may othetwise have under the contractllicense. <br /> <br />RECEIVING AGENCY will not hold PERFORMING AGENCY responsible if the infonnation coming to <br />PERFORMING AGENCY'S product/software from RECEIVING AGENCY is inaccurate or corrupt. <br /> <br />ARTICLE 13. Standards for Financial and Prol!rammatic Manal!ement <br /> <br />PERFORMING AGENCY shall develop, implement, and maintain fmancial management and control systems that <br />meet or exceed the requirements ofUGMS and adhere to procedures detailed in RECEIVING AGENCY'S Financial <br />Administrative Procedures Manual (documents available at http://www.tdh.state.tx.us/grants/forrn_doc.htm). Those <br />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 carry out authorized activities and the adequate determination of costs; <br /> <br />B. Financial management systems including accurate, correct, and complete accounting records, that identifY <br />the source and application of funds provided under each Attachment, and that support the information <br />contained in required financial reports; cost source documentation; effective internal and budgetary <br />controls; determination of reasonableness, allowableness, and allocability of costs; and timely and <br />appropriate 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 shall 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 who <br />has the legal responsibility for paying all or part of the services provided, including commercial health or liability <br />insurance carriers, Medicaid, or other federal, state, local and private funding sources. Third party billing functions <br />shall be provided by PERFORMING AGENCY at no cost to the client. PERFORMING AGENCY or its <br />subrecipient shall become a Medicaid provider if performing approved Texas Medicaid services authorized by the <br />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 14. Bondinl! <br /> <br />PERFORMING AGENCY is required to carry 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 shall provide for indemnification oflosses occasioned by: I) <br /> <br />(LGS) <br /> <br />GENERAL PROVISIONS 6/2004 <br /> <br />Page 9 <br />