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<br />PERFORMlNG AGENCY is entitled to exercise remedies for nonpayment in accordance with Texas Government <br />Code, Chapter 2251, SubchapterD. <br /> <br />PERFORMlNG AGENCY shall have incurred a cost within the applicable Attachment term to be eligible for <br />reimbursement under this contract and prior to claiming reimbursement. PERFORMING AGENCY shall submit <br />requests forreimbursement on a State of Texas Purchase Voucher (TDH Fonn B-I3) or any other fonn designated by <br />RECENING AGENCY monthly within thirty (30) days following the end of the month covered by the bill. <br />PERFORMING AGENCY shall submit a reimbursement request as a final close-out bill not later than ninety (90) <br />days following the end of the applicable Attachment tenn(s) for goods received and services rendered during the <br />Attachment tenn. Reimbursement requests received in RECENING AGENCY'S offices more than ninety (90) days <br />following the end of the applicable Attachment tenn will not be paid. If necessary to meet this deadline, <br />PERFORMlNG AGENCY may submit reimbursement request by facsimile transmission. Consideration of requests <br />for an exception will be made on a case-by-case basis and only for an extenuating circumstance such as a catastrophic <br />event, natural disaster, or criminal activity that substantially interferes with nonnal business operations, or causes <br />damage or destruction of the place of business and/or records. A written statement describing the extenuating <br />circumstance and the last request for reimbursement must be submitted for review and approval to the RECENING <br />AGENCY Program sponsoring the Attachment. <br /> <br />PERFORMING AGENCY shall disburse program income, rebates, refunds, contract settlements, audit recoveries, <br />and interest earned on such funds before requesting cash payments including advance payments from RECENING <br />AGENCY. <br /> <br />Funding from this contract may not be used to supplant [i.e., use in place of funds dedicated, appropriated or <br />expended for activities funded through the Attachment(s)) state or local funds, but PERFORMING AGENCY shall <br />use the funds from this contract to increase state or local funds currently available for a particular activity. <br />PERFORMING AGENCY shall make a good faith effort to maintain its current level of support. PERFORMING <br />AGENCY may be required to submit documentation substantiating that a reduction in local funding, if any, resulted <br />for reasons other than receipt or expected receipt of funding under the Attachment(s). <br /> <br />RECENING AGENCY shall detennine whether costs submitted by PERFORMING AGENCY are allowable and <br />reimbursable. IfRECENING AGENCY has paid funds to PERFORMING AGENCY for unallowable or ineligible <br />costs, PERFORMING AGENCY shall return the funds to RECENING AGENCY within thirty (30) days of written <br />notice. <br /> <br />RECENING AGENCY may withhold all or part of any payments to PERFORMING AGENCY to offset <br />reimbursement for any ineligible expenditures that PERFORMING AGENCY has not refunded to RECENING <br />AGENCY, or if financial status report(s) required under the Reports Article are not submitted by the date(s) due. <br />RECENING AGENCY may take repayment from funds available under any Attachment, active or expired, in <br />amounts necessary to fulfill PERFORMING AGENCY repayment obligations. <br /> <br />ARTICLE 18. Advance Payments <br /> <br />PERFORMING AGENCY may request a one-time advance for each Attachment only to meet immediate need for <br />cash disbursement. PERFORMING AGENCY shall make the request on a State of Texas Purchase Voucher, <br />accompanied by written justification and supporting documentation as specified in RECENING AGENCY'S <br />Financial Administrative Procedures Manual. The advance shall be requested at the beginning of the applicable <br />Attachment period or at a later time in the applicable Attachment period if circumstances so warrant. Approval of the <br />request for advance will be at the discretion ofRECENING AGENCY. If the request is approved, the voucher will <br />be processed; if disapproved, RECENING AGENCY will provide written notification to PERFORMING AGENCY. <br /> <br />(LOS) <br /> <br />GENERAL PROVISIONS 6/2004 <br /> <br />Page II <br />