Laserfiche WebLink
<br />;?~ <br /> <br />ARTICLE 6. Applicable Laws and Standards <br /> <br />This contract will be governed by the laws of the State of Texas and enabling <br />state/federal regulations, including federal grant requirements applicable to <br />funding sources as set out in Attachment(s) hereto. <br /> <br />PERFORMING AGENCY agrees Chapter 783, Texas Government Code Annotated (Vernon's <br />Pamphlet 1992), (Uniform Grant and Contract Management Act (UGCMA)), as may be <br />amended by revised federal circulars to be incorporated in UGCMA by the <br />Governor's Budget and Planning Office, applies as terms and conditions of this <br />contract, and the standards are adopted by reference in their entirety. If a <br />conflict arises between the provisions of this contract and UGCMA, the provisions <br />of UGCMA will prevail unless expressly stated otherwise. A copy of this manual <br />and its references are provided to PERFORMING AGENCY by RECEIVING AGENCY upon <br />request. <br /> <br />PERFORMING AGENCY" must obtain prior written approval from RECEIVING AGENCY for <br />major project changes which are specified in RECEIVING AGENCY's institutional <br />prior approval policy and the applicable Administrative Requirements and Cost <br />Principles. Copies of these docup1ents are provided to PERFORMING AGENCY by <br />RECEIVING AGENCY and are incorporated by reference as a condition of this <br />contract. <br /> <br />In accordance with Section 1352 of Public Law 101-121, effective December 22, <br />1989, PERFORMING AGENCY is prohibited from using funds granted under this <br />contract for lobbying Congress or any agency in connection with a particular <br />contract. In addition, if at any time a contract exceeds $100,000, the law <br />requires certification that none of the funds provided by RECEIVING AGENCY to <br />PERFORMING AGENCY have been used for payment to lobbyists. Regardless of funding <br />source, and if a contract exceeds $100,000, a disclosure form must be completed <br />if PERFORMING AGENCY has any agreement with a lobbyist. This certification <br />and/or form is available upon request and must be forwarded to RECEIVING AGENCY <br />within 90 days of receipt. <br />~ <br />PERFORMING AGENCY certifies by execution of this contract that its payment of <br />franchise taxes is current or, if PERFORMING AGENCY is exempt from payment of <br />franchise taxes, that it is not subject to the state of Texas franchise tax. A <br />false statement regarding franchise tax status will be treated as a material <br />breach of this contract and may be grounds for termination at the option of <br />RECEIVING AGENCY. If franchise tax payments become delinquent during the <br />Attachment term, payments under this contract will be held until PERFORMING <br />AGENCY's delinquent franchi~e tax is paid in full. <br /> <br />ARTICLE 7. Debarment and Suspension <br /> <br />PERFORMING AGENCY further certifies by execution of this contract that it is not <br />ineligible for participation in federal or state assistance programs under <br />Executive Order 12549, Debarment and Suspension. PERFORMING AGENCY certifies, by <br />submission of this contract, that neither it nor its principals is presently <br />debarred, suspended, proposed for debarment, declared ineligible, or voluntarily <br />excluded from participation in this transaction by any Federal department or <br />agency. Where the PERFORMING AGENCY is unable to certify to any of the <br />statements in this certification, PERFORMING AGENCY shall attach an explanation. <br />PERFORMING,AGENCY specifically asserts that it has not knowingly failed to pay <br />a single substantial debt or a number of outstanding debts to a federal or state <br />agency or it is not subject to an outstanding judgment in a suit against <br />PERFORMING AGENCY for collection of the balance. A false statement regarding <br />PERFORMING AGENCY's status will be treated as a material breach of this contract <br />and may be grounds for termination at the option of RECEIVING AGENCY. <br /> <br />1995 GENERAL PROVISIONS - Page 2 <br /> <br />(5/94) <br />