Laserfiche WebLink
<br />hislher duties or to account properly for all monies and property received by virtue of hislher position or <br />employment. <br /> <br />PERFORMING AGENCY shall also maintain liability insurance coverage, referred to in Texas Government <br />Code, Section 2259.102, as "director and officer liability coverage," where PERFORMING AGENCY is a legal <br />entity that is required to have directors and/or officers. This provision applies to entities that are organized as <br />non-profit corporations under the Texas Non-Profit Corporation Act; for-profit corporations organized under the <br />Texas Business Corporations Act; and any other legal entity that is required under Texas law to have directors <br />and/or officers. PERFORMING AGENCY shall maintain liability insurance coverage in an amount not less <br />than the total value of this contract Attachment and that is sufficient to protect the interests of RECEIVING <br />AGENCY in the event an actionable act or omission by a director or officer of PERFORMING AGENCY <br />damages RECEIVING AGENCY'S interests. <br /> <br />ARTICLE 15. Terms and Conditions ofPavment <br /> <br />For services satisfactorily performed pursuant to this contract, RECEIVING AGENCY will pay PERFORMING <br />AGENCY for allowable costs. Payments are contingent on a signed contract and will not exceed the total of <br />each Attachrnent(s). PERFORMING AGENCY is entitled to payment only if the service, work, and/or product <br />has been authorized and satisfactorily performed. If those conditions are met, RECEIVING AGENCY will <br />make payment in accordance with the Texas prompt payment law (Texas Government Code, Chapter 225 I). <br />PERFORMING AGENCY is entitled to exercise remedies for nonpayment in accordance with Texas <br />Government Code, Chapter 2251, Subchapter D. <br /> <br />PERFORMING AGENCY shall submit requests for payment on a State of Texas Purchase Voucher (fDH Form <br />B-13) or any other form designated by RECEIVING AGENCY. PERFORMING AGENCY shall submit <br />vouchers monthly for payment within thirty (30) days following the end of the month covered by the bill. <br />PERFORMING AGENCY shall submit a payment request as a final close-out bill not later than ninety (90) days <br />following the end of the applicable Attachment term(s) for goods received and services rendered during the <br />Attachment term. Requests received in RECEIVING AGENCY'S offices more than ninety (90) days following <br />the end of the applicable Attachment term will not be paid. If necessary to meet this deadline, PERFORMING <br />AGENCY may submit payment request by facsimile transmission. Consideration of requests for an exception <br />will be made on a case-by-case basis and only for an extenuating circumstance such as a catastrophic event, <br />natural disaster, or criminal activity that substantially interferes with normal 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 payment must be submitted for review and approval to the RECEIVING <br />AGENCY Program sponsoring the Attachment. <br /> <br />PERFORMING AGENCY shall disburse program income, rebates, refunds, contract settlements, audit <br />recoveries and interest earned on such funds before requesting cash payments including advance payments from <br />RECEIVING AGENCY. <br /> <br />Funding from this contract shall 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 ftmds, but PERFORMING AGENCY <br />shall 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. <br />PERFORMING AGENCY may be required to submit documentation substantiating that a reduction in local <br />funding, if any, resulted for reasons other than receipt or expected receipt of funding under the Attachment(s). <br /> <br />RECEIVING AGENCY shall determine whether costs submitted by PERFORMING AGENCY are allowable <br />and payable. If RECEIVING AGENCY has paid funds to PERFORMING AGENCY for unallowable or <br />ineligible costs, PERFORMING AGENCY shall return the funds to RECEIVING AGENCY within thirty (30) <br />days of written notice. <br /> <br />{Fee-for-Service} <br /> <br />GENERAL PROVISIONS 6/2004 <br /> <br />Page 10 <br />