Common use of Capital Assets Clause in Contracts

Capital Assets. The parties hereby acknowledge that TDCJ and the University Providers are each subject to the provisions of Texas Government Code Chapter 403, Subchapter L. The parties further acknowledge that each entity is responsible for compliance with the rules and procedures for accounting for state property promulgated by the Comptroller of Public Accounts pursuant to that law, including the proper recording of Capital Assets on the State Property Accounting (SPA) System. The parties agree to abide by Capital Asset value limitations and definitions established for the State Property Accounting System and nothing in this Agreement changes the reporting thresholds established by the SPA System. 1. The transfer of Capital Assets used in the delivery of medical care (documented by electronic transfer documents from TDCJ to the University Providers) was effectuated by the Agreement between CMHCC and TDCJ dated August 24, 1995 and which expired August 31, 1997. The Capital Assets originally transferred or subsequently transferred under this prior agreement are for the beneficial use of the State of Texas and shall not be used for any other purpose. Such Capital Assets may be transferred as needed among TDCJ facilities but shall not be removed from TDCJ premises. The University Providers shall notify TDCJ Health Services of the nature of use of such Capital Assets for benefit of any state entity or individual other than TDCJ. Use of such Capital Assets shall not negatively impact on provision of services to TDCJ as provided in this Agreement. 2. Subject to state inventory reporting requirements, annually in September, each University provider shall submit to TDCJ a complete list of Capital Assets on each unit including description and property number. Changes to the most recent inventory, consisting of the lists of purchased or transferred equipment and requests for disposal of equipment shall be submitted to TDCJ monthly. 3. The University Providers retain accountability for Capital Assets and responsibility for maintenance, repair or replacement as may be necessary. Any maintenance and repair issues that may arise relating to Capital Assets covered under terms of the construction warranty documents shall be handled in accordance with procedures of the TDCJ Facilities Division's warranty office. Should the University Provider determine that there is no longer a need for a Capital Assets originally transferred by TDCJ or the item falls below the value limitations set by the State Property Accounting System, the University Provider shall provide TDCJ with a written notice to that effect and request authorization either to dispose of the item in accordance with University Provider procedures, remove the item from active inventory tracking requirements, or to transfer the item back to TDCJ for its use or disposal. 4. In the event that a current contract with one or both of the University Providers is canceled, those Capital Assets originally transferred, subsequently transferred or purchased with proceeds from this Agreement for direct patient care services and located at TDCJ owned units shall be identified through the State Property Accounting System by location code and transferred to TDCJ in accordance with procedures for inter-agency transfer of property. In the event of a dispute over the transfer of one or more items of property, the parties shall refer the matter to the Comptroller of Public Accounts for resolution. 5. It is understood that costs related to the acquisition, maintenance and replacement of Capital Assets referenced in this section are included in the financial reporting required by Article IV of this Agreement including the allocated share of costs for such Capital Assets benefiting programs other than TDCJ. The remaining share of such costs shall be allocated to those programs benefiting from the Capital Assets.

Capital Assets. The parties hereby acknowledge that TDCJ and the CMHCC’s University Providers are each subject to the provisions of Texas Government Code Chapter 403, Subchapter L. The parties further acknowledge that each entity is responsible for compliance with the rules and procedures for accounting for state property promulgated by the Comptroller of Public Accounts pursuant to that law, including the proper recording of Capital Assets on the State Property Accounting (SPA) System. The parties agree to abide by Capital Asset value limitations and definitions established for the State Property Accounting System and nothing in this Agreement changes the reporting thresholds established by the SPA System. 1. The transfer of Capital Assets used in the delivery of medical care (documented by electronic transfer documents from TDCJ to the CMHCC’s University Providers) was effectuated by the Agreement between CMHCC and TDCJ dated August 24, 1995 and which expired August 31, 1997. The Capital Assets originally transferred or subsequently transferred under this prior agreement are for the beneficial use of the State of Texas and shall not be used for any other purpose. Such Capital Assets may be transferred as needed among TDCJ facilities but shall not be removed from TDCJ premises. The CMHCC’s University Providers shall notify TDCJ Health Services of the nature of use of such Capital Assets for benefit of any state entity or individual other than TDCJ. Use of such Capital Assets shall not negatively impact on provision of services to TDCJ as provided in this Agreement. 2. Subject to state inventory reporting requirements, annually in September, each of CMHCC’s University provider providers shall submit to TDCJ a complete list of Capital Assets on each unit including description and property number. Changes to the most recent inventory, consisting of the lists of purchased or transferred equipment and requests for disposal of equipment shall be submitted to TDCJ monthly. 3. The CMHCC’s University Providers retain accountability for Capital Assets and responsibility for maintenance, repair or replacement as may be necessary. Any maintenance and repair issues that may arise relating to Capital Assets covered under terms of the construction warranty documents shall be handled in accordance with procedures of the TDCJ Facilities Division's warranty office. Should the University Provider determine that there is no longer a need for a Capital Assets originally transferred by TDCJ or the item falls below the value limitations set by the State Property Accounting System, the University Provider shall provide TDCJ with a written notice to that effect and request authorization either to dispose of the item in accordance with University Provider procedures, remove the item from active inventory tracking requirements, or to transfer the item back to TDCJ for its use or disposal. 4. In the event that a current contract with one or both of the CMHCC’s University Providers is canceled, those Capital Assets originally transferred, subsequently transferred or purchased with proceeds from this Agreement for direct patient care services and located at TDCJ owned units shall be identified through the State Property Accounting System by location code and transferred to TDCJ in accordance with procedures for inter-inter- agency transfer of property. In the event of a dispute over the transfer of one or more items of property, the parties shall refer the matter to the Comptroller of Public Accounts for resolution. 5. It is understood that costs related to the acquisition, maintenance and replacement of Capital Assets referenced in this section are included in the financial reporting required by Article IV of this Agreement including the allocated share of costs for such Capital Assets benefiting programs other than TDCJ. The remaining share of such costs shall be allocated to those programs benefiting from the Capital Assets.

Capital Assets. The parties hereby acknowledge that TDCJ and the CMHCC’s University Providers are each subject to the provisions of Texas Government Code Chapter 403, Subchapter L. The parties further acknowledge that each entity is responsible for compliance with the rules and procedures for accounting for state property promulgated by the Comptroller of Public Accounts pursuant to that law, including the proper recording of Capital Assets on the State Property Accounting (SPA) System. The parties agree to abide by Capital Asset value limitations and definitions established for the State Property Accounting System and nothing in this Agreement changes the reporting thresholds established by the SPA System. 1. The transfer of Capital Assets used in the delivery of medical care (documented by electronic transfer documents from TDCJ to the CMHCC’s University Providers) was effectuated by the Agreement between CMHCC and TDCJ dated August 24, 1995 and which expired August 31, 1997. The Capital Assets originally transferred or subsequently transferred under this prior agreement are for the beneficial use of the State of Texas and shall not be used for any other purpose. Such Capital Assets may be transferred as needed among TDCJ facilities but shall not be removed from TDCJ premises. The CMHCC’s University Providers shall notify TDCJ Health Services of the nature of use of such Capital Assets for benefit of any state entity or individual other than TDCJ. Use of such Capital Assets shall not negatively impact on provision of services to TDCJ as provided in this Agreement. 2. Subject to state inventory reporting requirements, annually in September, each of CMHCC’s University provider providers shall submit to TDCJ a complete list of Capital Assets on at each unit location including description and property number. Changes to the most recent inventory, consisting of the lists of purchased or transferred equipment and requests for disposal of equipment shall be submitted to TDCJ monthly. 3. The CMHCC’s University Providers retain accountability for Capital Assets and responsibility for maintenance, repair or replacement as may be necessary. Any maintenance and repair issues that may arise relating to Capital Assets covered under terms of the construction warranty documents shall be handled in accordance with procedures of the TDCJ Facilities Division's warranty office. Should the University Provider determine that there is no longer a need for a Capital Assets originally transferred by TDCJ or the item falls below the value limitations set by the State Property Accounting System, the University Provider shall provide TDCJ with a written notice to that effect and request authorization either to dispose of the item in accordance with University Provider procedures, remove the item from active inventory tracking requirements, or to transfer the item back to TDCJ for its use or disposal. 4. In the event that a current contract with one or both of the CMHCC’s University Providers is canceled, those Capital Assets originally transferred, subsequently transferred or purchased with proceeds from this Agreement for direct patient care services and located at TDCJ owned units shall be identified through the State Property Accounting System by location code and transferred to TDCJ in accordance with procedures for inter-inter- agency transfer of property. In the event of a dispute over the transfer of one or more items of property, the parties shall refer the matter to the Comptroller of Public Accounts for resolution. 5. It is understood that costs related to the acquisition, maintenance and replacement of Capital Assets referenced in this section are included in the financial reporting required by Article IV of this Agreement including the allocated share of costs for such Capital Assets benefiting programs other than TDCJ. The remaining share of such costs shall be allocated to those programs benefiting from the Capital Assets.

Capital Assets. The parties hereby acknowledge that TDCJ and the CMHCC’s University Providers are each subject to the provisions of Texas Government Code Chapter 403, Subchapter L. The parties further acknowledge that each entity is responsible for compliance with the rules and procedures for accounting for state property promulgated by the Comptroller of Public Accounts pursuant to that law, including the proper recording of Capital Assets on the State Property Accounting (SPA) System. The parties agree to abide by Capital Asset value limitations and definitions established for the State Property Accounting System and nothing in this Agreement changes the reporting thresholds established by the SPA System. 1. The transfer of Capital Assets used in the delivery of medical care (documented by electronic transfer documents from TDCJ to the CMHCC’s University Providers) was effectuated by the Agreement between CMHCC and TDCJ dated August 24, 1995 and which expired August 31, 1997. The Capital Assets originally transferred or subsequently transferred under this prior agreement are for the beneficial use of the State of Texas and shall not be used for any other purpose. Such Capital Assets may be transferred as needed among TDCJ facilities but shall not be removed from TDCJ premises. The CMHCC’s University Providers shall notify TDCJ Health Services of the nature of use of such Capital Assets for benefit of any state entity or individual other than TDCJ. Use of such Capital Assets shall not negatively impact on provision of services to TDCJ as provided in this Agreement. 2. Subject to state inventory reporting requirements, annually in September, each of CMHCC’s University provider Providers shall submit to TDCJ a complete list of Capital Assets on at each unit location including description description, and property number. Changes to the most recent inventory, consisting of the lists of purchased or transferred equipment and requests for disposal of equipment shall be submitted to TDCJ monthly. 3. The CMHCC’s University Providers retain accountability for Capital Assets and responsibility for maintenance, repair or replacement as may be necessary. Any maintenance and repair issues that may arise relating to Capital Assets covered under terms of the construction warranty documents shall be handled in accordance with procedures of the TDCJ Facilities Division's warranty office. Should the University Provider determine that there is no longer a need for a Capital Assets originally transferred by TDCJ or the item falls below the value limitations set by the State Property Accounting System, the University Provider shall provide TDCJ with a written notice to that effect and request authorization either to dispose of the item in accordance with University Provider procedures, remove the item from active inventory tracking requirements, or to transfer the item back to TDCJ for its use or disposal. 4. In the event that a current contract with one or both of the CMHCC’s University Providers is canceled, those Capital Assets originally transferred, subsequently transferred or purchased with proceeds from this Agreement for direct patient care services and located at TDCJ owned units shall be identified through the State Property Accounting System by location code and transferred to TDCJ in accordance with procedures for inter-inter- agency transfer of property. In the event of a dispute over the transfer of one or more items of property, the parties shall refer the matter to the Comptroller of Public Accounts for resolution. 5. It is understood that costs related to the acquisition, maintenance and replacement of Capital Assets referenced in this section are included in the financial reporting required by Article IV of this Agreement including the allocated share of costs for such Capital Assets benefiting programs other than TDCJ. The remaining share of such costs shall be allocated to those programs benefiting from the Capital Assets.