Laserfiche WebLink
<br /> ARTICLE 5. Severability <br /> <br /> If any provision of this contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed <br /> stricken and deleted to the same e~tent and effect as if never incorporated, but all other provisions will continue. <br /> ARTICLE 6. Applicable Laws and Standards <br /> <br /> This contract shall be interpreted under and in accordance with the laws of the State of Texas and enabling state <br /> rules. Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding <br /> sources, will apply to this contract. <br /> The principles in the Uniform Grant Management Standards (DGMS) as amended by revised federal circulars and <br /> incorporated in UGMS by the Governor's Budget and Planning Office shall be used as a guide in the pricing of <br /> fixed price arrangements where costs are used in determining the appropriate price. . <br /> RECEIVING AGENCY must give prior approval for changes to contract Attachment(s) as specified by UGMS in <br /> "Part lIT-State Uniform Requirements for Grants and Cooperative Agreement, Subpart C-Post-Award <br /> Requirements, item _30-Changes" and applicable federal Office of Management and Budget (OMB) circulars. <br /> RECEIVING AGENCY will provide copies of applicable OMB circulars, Code of Federal Regulations, and UGMS <br /> to PERFORMING AGENCY upon request. These documents are incorporated by reference as a condition of this <br /> contract. <br /> PERFORMING AGENCY may not use funds granted under this contract to lobby Congress or any agency in <br /> connection with a specific grant or contract (31 USC § 1352 and UGMS). If at any time this contract exceeds <br /> $100,000, regardless of funding, the PERFORMING AGENCY shall certify to RECEIVING AGENCY within 90 <br /> days of receipt of the executed contract that none of the funds provided by RECEIVING AGENCY have been used <br /> for payment to lobbyists and the names of any and all registered lobbyists with whom PERFORMING AGENCY <br /> has an agreement. RECEIVING AGENCY will supply the certification form to PERFORMING AGENCY upon <br /> request. <br /> PERFORMING AGENCY, if a corporation, certifies by execution of this contract that its payment of tranchise <br /> taxes is currently in "good standing" with the State of Texas or that it is exempt trom payment of tranchise taxes <br /> under Texas law (Tax Code, Chapter 171, VTCA). A false statement regarding tranchise tax status is a material <br /> breach of this contract. If ftanchise tax payments become delinquent during the Attachment term, payments under <br /> this contract will be withheld until PERFORMING AGENCY's delinquent tranchise tax is paid in full. <br /> ARTICLE 7. Debarment and Suspension <br /> <br /> PERFORMING AGENCY certifies by execution of this contract to the following: <br /> .. it is not ineligible for participation in federal or state assistance programs under Executive Order <br /> 12549, Debannent and Suspension; <br /> .. neither it nor its principals are presently debarred, suspended, proposed for debannent, declared <br /> ineligible, or voluntarily excluded trom participation in this transaction by any federal department <br /> or agency; <br /> .. it has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a <br /> federal or state agency; and <br /> (Fee-for-Service) 1999 GENERAL PROVISIONS Page 2 4/98 <br />