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<br />ARTICLE 3. Fundinl! <br /> <br />This contract is contingent upon the continued availability of funding. If funds become unavailable through lack of <br />appropriations, budget cuts, transfer of funds between programs or agencies, amendment of the appropriations act, <br />health and human services agency consolidations, or any other disruption of current appropriations, provisions of the <br />TCm1ination Article shall apply. <br /> <br />ARTICLE 4. Amendments <br /> <br />Amendments to this contract must be in writing and signed by individuals with authority to bind the parties. <br /> <br />Uniform Grants Management Standards and RECEIVING AGENCY procedures authorize limited changes to a <br />contract attachment with prior written approval from RECEIVING AGENCY. PERFORMING AGENCY must <br />submit request in format prescribed by RECEIVING AGENCY Program. RECEIVING AGENCY will consider the <br />request and document approval or disapproval in writing. PERFORMING AGENCY is responsible for ensuring that <br />any modification to a contract Attachment becomes a part of the contract file. <br /> <br />RECEIVING AGENCY may not waive any term, covenant, or condition of this contract unless by amendment <br />executed in compliance with this Article. PERFORMING AGENCY shall not perform and RECEIVING <br />AGENCY will not pay for the performance of different or additional services, work, or products except pursuant <br />to an amendment that is executed in compliance with this Article. <br /> <br />PERFORMING AGENCY shall plan expenditures so that any necessary budget revisions or amendments are <br />executed no later than ninety (90) days prior to the expiration of the Attachment term. PERFORMING AGENCY <br />shall provide a written justification for any budget revisions and/or amendments. If a budget revision or amendment <br />is requested during the last quarter of the Attachment term, the written justification shall include a reason for the <br />delay. Revision or amendment requests may be granted at the discretion of RECEIVING AGENCY. <br /> <br />ARTICLE 5. 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 rules. <br />Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding <br />sources, shall apply to this contract. PERFORMING AGENCY agrees to comply with the Uniform Grant <br />Management Act (UGMA), Texas Government Code, Chapter 783, as amended, and the Uniform Grant Management <br />Standards (UGMS) as amended by revised federal circulars and incorporated in UGMS by the Govemor's Budget and <br />Planning Office. UGMA is located on the Internet at htto://www.canito1.state.tx.uslstatuteslstatutes.html;theUGMS <br />are located on the Intemet at htto://www.govemor.state.tx.us/statelITllnts/. <br /> <br />PERFORMING AGENCY shall not use funds granted under this contract to pay any person for influencing or <br />attempting to influence an officer or employee of any agency, federal or state, a Member of Congress, an officer or <br />employee of Congress, or an employee of a Member of Congress in connection with the awarding of any contract or <br />grant or the extension, continuation, renewal, amendment, or modification of any contract or grant (31 USC ~ 1352, as <br />amended, and UGMS). If at any time this contract exceeds $100,000 of federal funds, PERFORMING AGENCY <br />shall file with RECEIVING AGENCY a declaration containing the name of any registrant under the Lobbying <br />Disclosure Act of 1995 who has made lobbying contacts on behalf of PERFORMING AGENCY in connection with <br />that contract or grant, a certification that none of the funds provided by RECEIVING AGENCY have been or will be <br />used for payment to lobbyists, and disclosure of the names of any and all registered lobbyists with whom <br />PERFORMING AGENCY has an agreement. PERFORMING AGENCY shall require any person who requests or <br />receives a sub grant or subcontract to file the same declaration, certification and disclosure with RECEIVING <br />AGENCY. PERFORMING AGENCY shall file the declaration, certification, and disclosure at the time of <br />application for the contract or grant; upon execution of a contract or grant unless PERFORMING AGENCY <br /> <br />(LGS) <br /> <br />GENERAL PROVISIONS 6/2004 <br /> <br />Page 2 <br />