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1996-112-RES WHEREAS, STATE OF TEXAS IS A FUNDING PARTNER WITH THE COUNTY OF LAMAR AND COP
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1996-112-RES WHEREAS, STATE OF TEXAS IS A FUNDING PARTNER WITH THE COUNTY OF LAMAR AND COP
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8/18/2006 4:31:51 PM
Creation date
4/5/2005 7:22:50 AM
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CITY CLERK
Doc Name
1996
Doc Type
Resolution
CITY CLERK - Date
10/14/1996
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<br />This contract may bc modificd unilalcrally undcr dlC Icrms of dlC Sanctions Articlc. Odlcrwisc, dus contract may not <br />be amcndcd or modified unlcss such amendmcnt or modification is in writing and signed by individuals widl authority <br />to bind the parties. <br /> <br />ARTICLE S. Sp.vrr~hilit~ <br /> <br />If any provision of this contract is construed to be illegal or invalid, dus will not affect dIe legality or validity of any of <br />its other provisions. The illegal or invalid provision will be deemed stricken and deleted to the same extent and effect <br />as if never incorporated herein, but all odlcr provisions will continue. <br /> <br />ARTICLE 6. Applir~hlr' .~w'" ~nrl Shmrbrrl~ <br /> <br />This contract will be governed by the l:1ws of dIe Slate of Texas and enabling state/federal regulations, including federal <br />grant requirements applicable to funding sources. If PERFORMING AGENCY is a local governmental public health <br />entity, dus contract will also be govcmed by dIe Local Public Healdl Reorganization Act, Chapter 121, Health and Safety <br />Code. <br /> <br />Pj3RFORMING AGENCY agrees the Uniform Grant and Contract Marulgement Act (UGCMA), .Chapter 783, Texas <br />Government Code, and the Uniform Grant and Contract Management Standards (UGCMS) as amended by revised federal <br />circulars and incorporated in UGCMS by the Governor's Budget and Plarming Office, apply as terms and conditions of <br />this contract, and the Standards arc adopted by reference in their entirety. If a conflict arises between the provisions of <br />this contract, UGCMA and UGCMS, dlC provisions of UGCMA and UGCMS will prevail unless expressly stated <br />otherwise. A copy of the UGCMS manual and its refcrences will be provided to PERFORMING AGENCY by <br />RECEIVING AGENCY upon request. <br /> <br />PERFORMING AGENCY must obtain prior written approval from RECEIVING AGENCY for major project changes <br />which arc specified in the applicable Administrative Requirements and Cost Principles as set out in Article 10, below. <br />Copies of these docwnents will be provided to PERFORMING AGENCY by RECEIVING AGENCY upon request and <br />are incorporated by reference as a condition of this contract. <br /> <br />In accordance with 31 U.S.C. ~ l352 (~1352 of Public Law [P .L.] 101-l2l etTective Decembcr 22, 1989), PERFORMING <br />AGENCY is prohibited from using funds granted under dus contract for lobbying Congress or any agency in connection <br />with a particular contract. In addition, if at any time a contract excecds $100,000, thc law rcquires certification that none <br />of the funds provided by RECEIVING AGENCY to PERFORMING AGENCY have been used for payment to lobbyists. <br />Regardless of funding source, if a contract Attachment exceeds $100,000, PERFORMING AGENCY will provide to <br />RECEIVING AGENCY a certification of the names of any and all registercd lobbyists with whom PERFORMING <br />AGENCY has an agreement. This certification form is available upon request and must be forwarded to RECEIVING <br />AGENCY along with the names of any lobbyists, if applicable, within 90 days of receipt of the executed contract. . <br /> <br />PERFORMING AGENCY certifies by execution of dus contract that its payment of franchise taxes is current or, if <br />PERFORMING AGENCY is exempt from payment of franchise taxes, dlat it is not subject to the State of Texas franchise <br />tax. A false statement rcgarding franchise tax status will be treated as a material breach of this contract and may be <br />grounds for termination at the option of RECEIVING AGENCY. If franchise tax payments become delinquent during <br />the Attaelunent term, payments under dus contract will be held until PERFORMING AGENCY's delinquent franchise <br />tax is paid in full. <br /> <br />PERFORMING AGENCY agrees 10 comply with dIe requirements of dIe Immigration Reform and Control Act of 1986 <br />and Immigration Act of 1990, 8 USC ~!lllOl, et scq., regarding employment verification and retention of verification <br />forms for any individual(s) lured on or after November 6. 1986, who will perform any labor or scrviccs under this <br />contract. <br /> <br />(UIS) <br /> <br />1997 GENERAL PROVISIONS - Page 2 <br /> <br />(5/96) <br /> <br />" <br />
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