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<br />PERFORMING AGENCY is responsible to RECEIVING AGENCY for the performance of any subrecipient. <br />PERFORMING AGENCY shall monitor both financial and programmatic performance and maintain pertinent <br />records that will be available for inspection by RECEIVING AGENCY. <br /> <br />PERFORMING AGENCY shall ensure that: <br /> <br />. Subrecipients are fully aware of the requirements imposed upon them by state/federal statutes and <br />regulations including prompt payment of any subcontractors pursuant to Texas Government Code, <br />Chapter 2251, Subchapter D; <br />. Subrecipients comply with all financial management requirements as defined by RECEIVING <br />AGENCY, UGMS and the applicable OMB circulars; <br />. Subrecipients complete required audits; <br />. An adequate tracking system is maintained to ensure timely receipt of any subrecipient's required audit <br />reports and the resolution of any findings and questioned costs cited by these reports; and, that <br />. RECEIVING AGENCY is immediately notified in writing of alleged. or actual misuse or <br />misappropriation of contract funds by subrecipients. <br /> <br />ARTICLE 18. Contracts for Procurement <br /> <br />PERFORMING AGENCY may enter into contracts for procurement of goods and services unless restricted or <br />otherwise prohibited in specific Attachment(s). PERFORMING AGENCY agrees that it shall be responsible to <br />RECEIVING AGENCY for the performance of any subcontracted activity. <br /> <br />Contracts for procurement of goods and services shall be in writing and contain the following provisions: <br /> <br />. Adminis1rative, contractual, or legal remedies in instances where contractors violate or breach contract <br />terms, and provide for such sanctions and penalties as may be appropriate (c~1racts other than small <br />purchases). <br />. Remedies for prompt payment of any subcontractor pursuant to Texas Government Code, Chapter 2251, <br />Subchapter D. <br />. Termination for cause and for convenience by PERFORMING AGENCY including the manner by <br />which it will be effected and the basis for settlement (all contracts in excess of $10,000). <br />. Compliance with the Copeland "Anti-Kickback" Act (18 USC ~874) as supplemented in Department of <br />Labor regulations (29 CPR Part 3) (all contracts and subgrants for construction or repair). <br />. Compliance with ~~103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC ~~327- <br />330) as supplemented by Department of Labor regulations (29 CFR Part 5) (construction contracts <br />awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500 for other contracts <br />which involve the employment of mechanics or laborers). <br />. Notice of RECEIVING AGENCY requirements and regulations pertaining to reporting. <br />. Notice of RECEIVING AGENCY requirements and regulations pertaining to trademarks, service <br />marks, copyrights, and patent rights with respect to any discovery or invention which arises or is <br />developed in the course of or under such contract. <br />. RECEIVING AGENCY requirements and regulations pertaining to copyrights and rights in data. <br />. Access by RECEIVING AGENCY, the federal grantor agency, the Comptroller General of the United <br />States, the State of Texas or any of their duly authorized representatives to any books, documents, <br />papers, and records of the contractor which are directly pertinent to that specific contract for the pmpose <br />of making audit, examination, excerpts, and transcriptions. <br />. Retention of all required records for the required retention period after RECEIVING AGENCY makes <br />final payments and all other pending matters are closed. <br /> <br />(Fee-for-Service) <br /> <br />GENERAL PROVISIONS 612004 <br /> <br />Page 12 <br />