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1997-120-RES WHEREAS, STATE OF TEXAS IS A FUNDING PARTNER WITH THE COUNTY OF LAMAR AND COP
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1997-120-RES WHEREAS, STATE OF TEXAS IS A FUNDING PARTNER WITH THE COUNTY OF LAMAR AND COP
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8/18/2006 4:31:22 PM
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4/4/2005 4:28:58 AM
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CITY CLERK
Doc Name
1997
Doc Type
Resolution
CITY CLERK - Date
10/9/1997
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<br />",.," <br /> <br />covenant, or condition of this contract shall be valid unless executed in compliance with this Article. The <br />PERFORMING AGENCY shall not be entitled to payment for any services, work, or products which are not <br />authorized by a properly executed contract amendment or modification. <br /> <br />.' <br /> <br />This contract may be modified unilaterally under the terms of the Sanctions and Terminations Articles. Otherwise, <br />this contract may not be amended or modified unless such amendment or modification is in writing and signed by <br />individuals with authority to bind the parties. <br /> <br />ARTICLE 5. Severabilitv <br /> <br />If any provision of this contract is construed to be illegal or invalid, this will not affect the legality or validity of any <br />of its other provisions. The illegal or invalid provision will be deemed stricken and deleted to the same extent and <br />effect as if never incorporated herein, but all other provisions will continue. <br /> <br />ARTICLE 6. Apnlicable Laws and Standards <br /> <br />This contract will be governed by the laws of the State of Texas and enabling state and federal regulations, including <br />federal grant requirements applicable to funding sources. If PERFORMING AGENCY is a local govenunentaI public <br />health entity, this contract will also be governed by the Local Public Health Reorganization Act, Chapter 121, Health <br />and Safety Code. <br /> <br />PERFORMING AGENCY agrees the Uniform Grant and Contract Management Act (UGCMA), Texas Government <br />Code, Chapter 783, VTCA, and the Uniform Grant and Contract Management Standards (UGCMS) as amended by <br />revised federal circulars and incorporated in UGCMS by the Governor's Budget and Planning Office, apply as terms <br />and conditions of this contract, and are adopted by reference in their entirety. If a conflict arises between the <br />provisions of this contract and the provisions of UGCMA and UGCMS, the provisions of UGCMA and UGCMS will <br />prevail unless expressly stated otherwise. A copy of the UGCMS manual and its references will be provided to <br />PERFORMING AGENCY by RECEIVING AGENCY upon request. <br /> <br />PERFORMING AGENCY must obtain prior approval from RECEIVING AGENCY for major project changes which <br />are specified in the applicable Administrative Requirements and Costs Principles. A listing of the Administrative <br />Requirements and Cost Principles is contained in tllis contract in the Allowable Costs and Audit Requirements Article. <br />Copies of these documents will be provided to PERFORMING AGENCY by RECEIVING AGENCY upon request <br />and are incorporated by reference as a condition of this contract. <br /> <br />In accordance with 31 USC ~ 1352, PERFORMING AGENCY may not use funds granted under this contract to lobby <br />Congress or any agency in connection with a specific grant or contract. If at any time a contract exceeds $100,000, <br />the PERFORMING AGENCY shall certify that none of tlle funds provided by RECEIVING AGENCY to <br />PERFORMING AGENCY have been used for payment to lobbyists. Regardless of funding source. if a contract <br />Attachment exceeds $100.000, PERFORMING AGENCY shall provide to RECEIVING AGENCY a certification <br />of the names of any and all registered lobbyists with whom PERFORMING AGENCY has an agreement. <br />PERFORMING AGENCY shall forward to RECEIVING AGENCY the executed certification form along with the <br />names of any lobbyists, if applicable, within 90 days of receipt of the executed contract. The certification form is <br />available from RECEIVING AGENCY upon request. <br /> <br />In accordance with the Tax Code, Chapter 171, VTCA, PERFORMING AGENCY, if a corporation, certifies by <br />execution of this contract that its payment of franchise taxes is currently in "good standing" with the State of Texas. <br />If PERFORMING AGENCY is exempt from payment of franchise taxes, PERFORMING AGENCY certifies by <br />execution of this contract that it is not subject to the State of Texas franchise tax. A false statement regarding franchise <br />tax status will be treated as a material breach of this contract and may be grounds for termination at the option of <br /> <br />(LHS) <br /> <br />1998 GENERAL PROVISIONS - Page 2 <br /> <br />(8/97) <br />
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