Res 1997-183 - Laserfiche WebLink

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GENERAL PROVISIONS FOR TEXAS DEPARTMENT OF HEALTH CONTRACTS PERFORMING AGENCY and RECEIVING AGENCY (the parties) agree to make and enter into this contract, to faithfully perform the duties prescribed by this contract, and to uphold and abide by the terms and provisions of this contract. PERFORMING AGENCY and RECEIVING AGENCY agree that this contract consists of RECEIVING and PERFORMING AGENCY identifying data, Details of Attachment(s), authorized signatures, general and/or special provisions, Attachment(s) with detailed Scope(s) of Work, budget(s), and exhibit(s) as applicable. This contract represents the complete and entire understanding and agreement of the parties. No prior agreement or understanding, oral or otherwise, of the parties or their agents will be valid or enforceable unless embodied in this contract. The person or persons signing and executing this contract on behalf of PERFORMING AGENCY, or representing themselves as signing and executing this contract on behalf of PERFORMING AGENCY, warrant and guarantee that he, she, or they have been duly authorized by PERFORMING AGENCY to execute this contract on behalf of PERFORMING AGENCY and to validly and legally bind PERFORMING AGENCY to all of its terms, performances, and provisions. PERFORMING AGENCY assures compliance with the following terms and conditions unless otherwise specified in the Attachment(s) hereto: ARTICLE 1. ScQpe of Work PERFORMING AGENCY shall perform the work outlined in the Scope(s) of Work contained in the Attachment(s) hereto (which is/are referenced in the Details of Attachments) and hereby incorporated into this contract for all purposes as though it were set out word-for-word in this document along with any amendments. Satisfactory performance of this contract will be measured in part by: 1) adherence to the contract; 2) results of CPA or State Auditor reports; 3) timeliness, completeness, and accuracy of required reports; and 4) achievement of performance measures. ARTICLE 2. :rmn The time period of this contract shall be governed by the term,(s) of the Attachment(s). No commitment of contract funds is permitted prior to the fIrst day or subsequent to the last day of the term. The term may be extended or shortened by amendment(s). ARTICLE 3. Fundin¡: This contract is contingent upon the availability of funding for the term of the Attachment(s), and PERFORMING AGENCY will have no right of action against the State of Texas or the RECEIVING AGENCY in the event that RECEMNG AGENCY is unable to fulfill its obligations under this contract as a result of the sùspension, termination, withdrawal, or failure of funding to RECEMNG AGENCY or lack of sufficient funding of RECEIVING AGENCY for any Attachment(s) to this contract. If funds become unavailable, provisions of the Termination Article will apply. ARTICLE 4. Amendments or Modifications No different or additional services, work, or products shall be authorized or performed except pursuant to an amendment or modification of this contract that is executed in compliance with this Article. No waiver of any term, (Independent) 1998 GENERAL PROVISIONS Page 1 (8/97)