04-B Health Contract A-2006 - Laserfiche WebLink

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. , G) '~roduct" or "products" shall ~_be defined to include, but is not limited to, any supplied 'or supported hardware, software, firmware and/or micro code; ~ H) "valid date" shall contain a two-digit month, a two-digit day and a four-digit year. PERFORMING AGENCY and its subrecipient(s) shall obtain a warranty from any vendor/licensor from which it obtains product(s) that product(s) delivered and installed under the contractllicense shall accurately process valid date data when used in accordance with the product documentation provided by the contractorllicensor and require no extraordinary actions on the part of PERFORMING AGENCY, its personnel, or its subrecipient(s). Products \D1der the contract/license shall possess general integrity, date integrity, explicit and implicit century capabilities. If the contract/license requires that specific products shaH perform as a system in accordance with the foregoing warranty, then the warranty shall apply to those listed products as a system. The duration of this warranty and the remedies available to PERFORMING AGENCY or its subrecipient(s) for breach of the warranty shall be defined in, and subject to, the terms and conditions of the contractor's standard commercial warranty or warranties contained in the contract/license; provided, that notwithstanding any provision to the contrary in such commercial warranty or warranties, the remedies available to PERFORMING AGENCY or its subrecipient(s) shall include repair or replacement of any supplied product if its noncompliance is discovered and made known to the contractor/licensor in writing within ninety (90) days after final acceptance. Nothing in the warranty shaH be considered to limit any rights or remedies PERFORMING AGENCY or its subrecipient(s) may otherwise have under the contract/license. RECEIVING AGENCY will not hold PERFORMING AGENCY responsible if the information coming to PERFORMING AGENCY'S product/software from RECEIVING AGENCY is inaccurate or COITUpt. ARTICLE 13. Standards for Financial and Pro2rammaticMana2ement PERFORMING AGENCY shall bill all third party payers for services provided under the Attachment(s) before submitting any request for payment to RECENING AGENCY. A third party payer is any person or entity who has the legal responsibility for paying all or part of the services provided, including, commercial health or liability insurance carriers, Medicaid, or other federal, state, local and private ftmding sources. Third party billing functions shall be provided by PERFORMING AGENCY at no cost to the client. PERFORMING AGENCY or its subrecipient shall become a Medicaid provider if performing approved Texas Medicaid services authorized by the Attachment(s). PERFORMING AGENCY, if designated a 501 (c )(3) organization as derIDed in the Internal Revenue Service Code or a for-profit organi7.ation, and its governing board, shall bear .full responsibility for the integrity of the fiscal and programmatic management of the organization. Such responsibility shall include: accountability for all funds and materials received from RECEIVING AGENCY; compliance with RECEIVING AGENCY rules, policies, procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self-evaluation and RECEIVING AGENCY'S monitoring processes. Further, PERFORMING AGENCY'S governing board shall ensme separation of powers, duties, and ftmctions of board members and staff. Ignorance of any contract provisions or other requirements contained or referenced in this contract shall not constitute a defense or basis for waiving or appealing such provisions or requirements. ARTICLE 14. Bondin and Liablli Insurance PERFORMING AGENCY is required to carry a fidelity bond or insurance coverage equal to the amount of funding provided under the Attachment(s) up to $100,000 that covers each employee of PERFORMING AGENCY handling funds under this contract, including person(s) authorizing payment of such ftmds. The fidelity bond or insurance shall provide for indemnification of losses occasioned by: 1) any fraudulent or dishonest act or acts committed by any of PERFORMING AGENCY'S employees, either individually or in concert with others, and/or 2) failure of PERFORMING AGENCY or any of its employees to perform faithfully (F ee-for-Service) GENERAL PROVISIONS 6/2004 Page 9 T