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Contract No. TJCOG— CBS -004 <br />FISCAL TERMS AND CONDITIONS <br />ARTICLE 22. VARIANCES <br />Variances may be permissible as outlined in ATTACHMENT A. A variance shall not be used to authorize a <br />revision of the amount awarded or a change in the performance period. Such changes must be made by <br />amendment to the Agreement. <br />ARTICLE 23. LIMITATION ON COSTS <br />TJCOG's contribution to the total cost, both direct and indirect, of performing the tasks under this Agreement <br />shall not exceed $84,530 for Eligible Costs (see Budget attached as ATTACHMENT B). Changes to this <br />Agreement, which do not affect the Budget total, may be made by written agreement of both TJCOG and the <br />Contractor. <br />ARTICLE 24. ELIGIBLE COSTS <br />Eligible Costs are those costs which can be audited and which are directly attributable to contracted activities <br />and identified and approved in the Contract Application. <br />1. No Eligible Costs subject to reimbursement by this Agreement may be incurred prior to the start <br />date of this Agreement. <br />2. Costs only as identified in the Budget and described in the Scope of Work are allowed. <br />3. All methods of charging expenses against this Agreement must be submitted for review and <br />approval by TJCOG. <br />ARTICLE 25. REIMBURSEMENT OF FUNDS <br />The Contractor shall return to TJCOG or other appropriate governmental agency or entity any funds paid to the <br />Contractor in excess of the allowable costs under this Agreement. If the Contractor fails to return excess funds, <br />TJCOG may deduct the appropriate amount from subsequent payments due to the Contractor from TJCOG. <br />TJCOG also reserves the right to recover such funds by any other legal means including litigation if necessary. <br />The Contractor shall be responsible for reimbursement to TJCOG for any disbursed funds, which are determined <br />by TJCOG to have been misused or misappropriated. TJCOG may also require reimbursement of funds if <br />TJCOG determines that any provision of this Agreement has been violated. Any reimbursement of funds which <br />is required by TJCOG, with or without termination, shall be due within forty-five (45) days after giving written <br />notice to the Contractor. <br />ARTICLE 26. LIMITED USE OF PROGRAM FUNDS <br />This Agreement is a mutually exclusive Agreement. The Contractor shall not apply funds authorized pursuant <br />to other Program Agreements toward the activities for which funding is authorized by this Agreement nor shall <br />funding authorized by this Agreement be used toward the activities authorized pursuant to other Program <br />Agreements. The word "funds" as used in this Article does not include Program income. <br />ARTICLE 27. FINANCIAL MANAGEMENT <br />The Contractor agrees to maintain a financial management system which complies with the rules and regulations <br />required by the Program funding source described in ATTACHMENT A and with standards established by <br />TJCOG to assure funds are spent in accordance with law and to assure that accounting records for funds <br />received under this Agreement are sufficiently segregated from other Agreements, programs, and/or projects. <br />Page 6 of 34 <br />