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<br />any fraudulent or dishonest act or acts committed by any of PERFORMING AGENCY'S employees, either <br />individually or in concert with others, and/or 2) failure of PERFORMING AGENCY or any of its employees to <br />perfonn faithfully his/her duties or to account properly for all monies and property received by virtue of his/her <br />position or employment. <br /> <br />ARTICLE 15. Fundioe Participation Requirement <br /> <br />PERFORMING AGENCY agrees funds provided through this contract shall not be used for matching purposes in <br />securing other funding unless directed or approved by RECEIVING AGENCY. <br /> <br />ARTICLE 16. Allowable Costs and Audit Requirements <br /> <br />Only those costs allowable under UGMS and any revisions thereto plus any applicable federal cost principles are <br />eligible for reimbursement under this contract. Applicable cost principles, audit requirements, and administrative <br />requirements are as follows: <br /> <br />Applicable Cost Principles* <br /> <br />OMB Circular A-87, State, <br />Local and Tribal Governments <br /> <br />Audit Requirements* <br /> <br />Administrative Requirements* <br /> <br />OMB Circular A-133 and DGMS <br /> <br />DGMS <br /> <br />The OMB circulars cited above shall be applied with the modifications prescribed by DGMS. <br /> <br />PERFORMING AGENCY or the AUTHORIZED CONTRACTING ENTITY shall arrange for a financial and <br />compliance audit (Single Audit) if required by OMB Circular A-133 and/or DGMS, Part IV, "State of Texas Single <br />Audit Circular." The audit shall be of PERFORMING AGENCY'S or the AUTHORIZED CONTRACTING <br />ENTITY's fiscal year. The audit shall be conducted by an independent certified public accountant and in accordance <br />with applicable OMB Circulars, Government Auditing Standards, and DGMS. PERFORMING AGENCY shall <br />procure audit services in compliance with state procurement procedures, as well as with the provisions ofUGMS. <br /> <br />If PERFORMING AGENCY is not required to have a Single Audit, a limited scope audit may be required. <br />RECEIVING AGENCY will provide PERFORMING AGENCY with written audit requirements if a limited scope <br />audit is required. <br /> <br />Within thirty (30) days of receipt of the audit reports required by this section, PERFORMING AGENCY! <br />AUTHORIZED CONTRACTING ENTITY shall submit a copy to Health and Human Services Commission <br />(HHSC), OIG Single Audit at the following address: <br /> <br />Health and Human Services Commission <br />Attention: Single Audit OIG <br />Mailcode H-954 <br />1100 West 47th Street <br />Austin, Texas 78756-3199 <br /> <br />ARTICLE 17. Terms and Conditions of Payment <br /> <br />For services satisfactorily perfonned pursuant to this contract, RECENING AGENCY will reimburse <br />PERFORMING AGENCY for allowable costs. Reimbursements are contingent on a signed contract and will not <br />exceed the total of each Attachrnent(s). PERFORMING AGENCY is entitled to payment only if the service, work, <br />andlorproduct has been authorized and satisfactorilyperfonned. If those conditions are met, RECEIVING AGENCY <br />will make payment in accordance with the Texas prompt payment law (Texas Government Code, Chapter 2251). <br /> <br />(LGS) <br /> <br />GENERAL PROVISIONS 6/2004 <br /> <br />Page 10 <br /> <br />1 <br /> <br />I <br />