1996-112-RES WHEREAS, STATE OF TEXAS IS A FUNDING PARTNER WITH THE COUNTY OF LAMAR AND COP

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PERFORMING AGENCY will refund to RECEIVING AGENCY any funds PERFORMING AGENCY claims and receives from RECEIVING AGENCY for the reimbursement of costs which arc determined by RECEIVING AGENCY to be ineligible for reimbursement. RECEMNG AGENCY will have the right to widlhold all or part of any futurc 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 contract Attachments with the same funding source between the panics in amounts necessary to fulfill PERFORMING AGENCY repayment obligations. Payment may be denied for noncompliance if rcquired financial reports arc not on file for prcvious quarters or for the Cmal 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 arc not met as specified in the Scope(s) of Work. ARTICLE 13, ~ 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 tenn of the applicable Attachment(s). For each twelve (12) month Attaclunent, the amount of dle advance will not exceed one-sixth (l/6th) of the total reimbursable amount. Advance will be requested on a State of Texas Purchase Voucher at the beginning of the applicable Attachment period or at a single later time in the applicable Attachment period if circumstances so warrant and the request is approved. Advance funds will be liquidated during thc applicable Attaclunent tenn so that, after final monthly billing, PERFORMING AGENCY will not have advance funds on hand. Advance funds may be drawn only to meet immediate cash needs for disbursement. Amendments to applicable Attachment(s) may require upward or downward adjusbnent to the allowable advance until it equates 1I6th of a twelve-month Attachment. In dle case of a downward adjusbnent, PERFORMING AGENCY and RECEIVING AGENCY will agree on the amount of adjusbnent to dle advance. RECEIVING AGENCY retains the option to reduce future claims by the required amount. In dle case of an upward adjusbnent and if PERFORMING AGENCY needs additional funds to meet immediate operating expenses, PERFORMING AGENCY may submit to RECENlNG AGENCY a written justification and State of Texas Purchase Voucher in the amount necessary to'eorrect the ratio. ARTICLE 14. ~gr"m Incnm. PERFORMING AGENCY will develop a fce for service system and a schedule of fees for personal health services in accordance with the provisions of Chapter 12, Sub-<:hapter D, Health and Safety Code, and the Texas Board of He,alth rules covering Fees for Clinical Health Services, 25 TAC Section 1.91, and other applicable laws provided, however, that a patient may not be denied a service due to inability to pay. Bolh parties agree all revenues direcdy generated by an Attachment(s) supported activity or earned only as a result of the Attacluncnt(s) during the tenn of dle Attachment(s) arc considered progranl income. 1bis income will be identified and reponed quanerly and annually utilizing the report forms identified in the Financial Reports Article of these provisions. PERFORMING AGENCY will retain dle 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 dle additive method, PERFORMING AGENCY will add the program income to dle funds already committed to the project by both the RECENlNG AGENCY and PERFORMING AGENCY. PERFORMING AGENCY agrees program income will be used to further the program objectives of the State/Federal statute under which the Scope of Work for the Attachmcnt(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 (UIS) 1997 GENERAL PROVISIONS. Page 6 (5/96) '.