Laserfiche WebLink
<br />payment to such employee of a so-called "flat rate" car allowance or travel allowance. Any travel or per diem <br />allowance to these employees shall be on a reimbursement basis, supported by appropriate records, and shall not <br />exceed the reimbursement for mileage and/or per diem allowed under the Appropriations Act and current state travel <br />regulations. TIris restriction shall apply whether travel funds are provided in Attachment(s) under this contract or <br />from any other source. <br /> <br />PERFORMING AGENCY shall utilize RECENING AGENCY'S policies and procedures for hiring and promoting <br />individuals into state-budgeted positions funded by this contract. Qualifications of any individuals filling these <br />positions will be subject to approval ofRECENING AGENCY'S Bureau of Human Resources. The purpose of the <br />approval is to ensure that individuals occupying these positions meet minimum educational and experience <br />requirements. <br /> <br />PERFORMING AGENCY shall maintain required records and submit docmnents necessary to process personnel, <br />payroll, leave and time records, and travel costs on state-budgeted positions. RECEIVING AGENCY will furnish <br />documentation regarding salary compensation or travel reimbursement for employees on state-budgeted positions. <br /> <br />An independent audit is not required as a condition of this contract if the contract Attachment provides assistance <br />through assignment of state-budgeted positions and no funds are budgeted for local costs. <br /> <br />PERFORMING AGENCY may be reimbursed for local personnel costs or other categories of expense used to fulfill <br />the scope of work of applicable Attachment(s) in lieu of being furnished state payroll warrants after a state- budgeted <br />position becomes vacant. Reimbursement will not exceed the balance of funds on the state-budgeted position after all <br />benefits, obligations, and/or other entitlements are met. PERFORMING AGENCY'S Director, or otherperson(s) <br />authorized elsewhere in this contract, may submit a request for conversion. RECEIVING AGENCY will transmit <br />fonnal approval and a revised budget to PERFORMING AGENCY to complete the conversion if the request is <br />granted. <br /> <br />ARTICLE 35. Survival of Terms <br /> <br />Termination or expiration of this contract for any reason shan not release either party from any liabilities or <br />obligations set forth in this contract that (a) the parties have expressly agreed shall survive any such tennination or <br />expiration, or (b) remain to be performed or by their nature would be intended to be applicable following any such <br />termination or expiration. <br /> <br />ARTICLE 36. Construction of Ambi2Uities <br /> <br />The parties expressly agree that they have each independently read and understood this contract. Any ambiguities in <br />this contract shall not be construed against the drafters. <br /> <br />ARTICLE 37. No Waiver of Soveremn Immunitv <br /> <br />THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY <br />INTENDED TO CONSTITUTE A WAIVER OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY <br />THAT THE PARTIES OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. <br /> <br />ARTICLE 38. Certification <br /> <br />The governing body of each party has authorized this contract. RECEIVING AGENCY is paying for the <br />performance of governmental ftmctions and services from current revenues available to RECEIVING AGENCY. The <br />payment is in an amount that fairly compensates PERFORMING AGENCY for the services or functions performed <br />under this contract. <br /> <br />(LGS) <br /> <br />GENERAL PROVISIONS 6/2004 <br /> <br />Page 22 <br />