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<br />PERFORMING AGENCY is responsible to RECENING AGENCY for the performance of any subrecipient. <br />PERFORMING AGENCY will monitor performance and maintain pertinent records that will be available for <br />inspection by RECEIVING AGENCY. <br /> <br />PERFORMING AGENCY shall ensure that: <br /> <br />· sub recipients are fully aware of the requirements imposed upon them by state/federal statutes and <br />regulations ; <br />· subrecipients comply with all financial management requirements as defined by RECEIVING <br />AGENCY, UGMS and the applicable OMB circulars; <br />· sub recipients complete required audits; and, that <br />· an adequate tracking system is maintained to ensure timely receipt of any subrecipient's required <br />audit reports and the resolution of any findings and questioned costs cited by these reports. <br /> <br />ARTICLE 22. Contracts for Procurement <br /> <br />PERFORMING AGENCY may enter into contracts for procurement unless restricted or otherwise prohibited in <br />specific Attachment(s). PERFORMING AGENCY agrees that it shall be responsible to RECENING AGENCY <br />for the performance of any subcontracted activity. <br /> <br />Contracts for procurement shall be in writing and must contain the following provisions: <br /> <br />· Administrative, contractual, or legal remedies in instances where contractors violate or breach <br />contract terms, and provide for such sanctions and penalties as may be appropriate (contracts <br />other than small purchases). <br />· Termination for cause and for convenience by PERFORMING AGENCY including the manner <br />by which it will be effected and the basis for settlement (all contracts in excess of $10,000). <br />· Compliance with the Copeland "Anti-Kickback" Act (18 USC ~874) as supplemented in <br />Department of Labor regulations (29 CFR Part 3) (all contracts and sub grants for construction <br />or repair). <br />· Compliance with ~~103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC <br />*~327-330) as supplemented by Department of Labor regulations (29 CFR Part 5) (construction <br />contracts awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500 for <br />other contracts which involve the employment of mechanics or laborers). <br />· Notice of RECEIVING AGENCY requirements and regulations pertaining to reporting. <br />· Notice ofRECEMNG AGENCY requirements and regulations pertaining to trademarks, service <br />marks, copyrights, and patent rights with respect to any discovery or invention which arises or <br />is developed in the course of or under such contract. <br />· RECENING AGENCY requirements and regulations pertaining to copyrights and rights in data. <br />· Access by RECEIVING AGENCY, the federal grantor agency, the Comptroller General of the <br />United States, the State of Texas or any of their duly authorized representatives to any books, <br />documents, papers, and records of the contractor which are directly pertinent to that specific <br />contract for the purpose of making audit, examination, excerpts, and transcriptions. <br />· Retention of all required records for the required retention period after RECEIVING AGENCY <br />makes final payments and all other pending matters are closed. <br />· Compliance with all applicable standards, orders, or requirements issued under ~306 of the Clean <br />Air Act (42 USC ~1857(h)), ~508 of the Clean Water Act (33 USC ~1368), Executive Order <br /> <br />(LGS) <br /> <br />2001 GENERAL PROVISIONS Page 15 <br /> <br />4/00 <br />