07-L(1) Health Contract - Laserfiche WebLink

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hisJher duties or to account properly for all monies and property received by virtue of his/her position or employment. PERFORMIlNG AGENCY shall also maintain liability insurance coverage, referred to in Texas Govemment Code, Section 2259.102, as "director and officer liability coverage," where PERFORMING AGENCY is a legal entity that is required to have directors and/or officers. This provision applies to entities that are organized as non-profit corporations under the Texas Non-Profit Corporation Act; for-profit corporations organized under the Texas Business Corporations Act; and any other legal entity that is required under Texas law to have directors and/or officers. PERFORMING AGENCY shall maintain liability insurance coverage in an amount not less than the total value of this contract Attachment and that is sufficient to protect the interests of RECENING AGENCY in the event an actionable act or omission by a director or officer of PERFORMING AGENCY damages RECEIVING AGENCY'S interests. ARTICLE 15. Terms and Conditions of Pavment For services satisfactorily performed pursuant to this contract, RECENING AGENCY will pay PERFORMIING AGENCY for allowable costs. Payments are contingent an a signed contract and will not exceed the total of each Attachment(s). PERFORMING AGENCY is entifled to payment only if the service, work, and/or product has been authorized and satisfactorily performed. If those condirions are met, RECENING AGENCY will make payment in accordance with the Texas prompt payment law (Texas Government Code, Chapter 2251). PERFORMING AGENCY is entitled to exercise remedies for nonpayment in accordance with Texas Government Code, Chapter 2251, Subchapter D. PERFORMING AGENCY shall submit requests for payment on a State of Texas Purchase Voucher ('TDH Form B-13) or any other form designated by RECENING AGENCY. PERFORMING AGENCY shall submit vouchers monthly for payment within thirty (30) days following the end of the month covered by the bill. PERFORMING AGENCY shall submit a payment request as a final close-out bill not later than ninety (90) days following the end of the applicable Attachment term(s) for goods received and services rendered during the Attachment term. Requests received in RECENING AGENCY'S offices more than ninety (90) days following the end of the applicable Attactunent term will not be paid. If necessary to meet this deadline, PERFORMING AGENCY may submit payment request by facsimile transmission. Consideration of requests for an exception will be made on a case-by-case basis and only for an extenuating circumstance such as a catastrophic event, natural disaster, or criminal activity that substantially interferes with normal business operations, or causes damage ar destruction of the place of business and/or records. A written statement describing the extenuating circumstance and the last request for payment must be submitted for review and approval to the RECENING AGENCY Program sponsoring the Attachment. PERFORMING AGENCY shall disburse program income, rebates, refunds, contract settlements, audit recoveries and interest earned on such funds before requesting cash payments including advance payrnents from RECEIVING AGENCY. Funding from this conttact shall not be used to supplant [i.e., use in place of funds dedicated, appropriated or expended for activities funded through the Attachment(s)] state or local funds, but PERFORMING AGENCY shall use the funds from this contract to increase state or local funds currently available for a particular acrivity. PERFORMING AGENCY shall make a good faith effort to maintain its cutrent level of support. PERFORMING AGENCY may be required to submit documentation substantiating that a reduction in local funding, if any, resulted for reasons other than receipt or expected receipt of funding under the Attachment(s). RECENING AGENCY shall determine whether costs submitted by PERFORMING AGENCY are allowable and payable. If RECENING AGENCY has paid funds to PERFORDING AGENCY for unallowable or ineligible costs, PERFORMING AGENCY shall retiun the funds to RECENING AGENCY within thirty (30) days of written notice. . (Fee for-Service) GENERAL PROVISIONS 6/2004 Pege 10