Contracts Management Guide - Texas Comptroller of Public Accounts

Alternative:
Section [XX}: [Name of agency] represents that it is a government agency or instrumentality
of the State of Texas, and that [name of agency] has, as of the date of [name of agency's]
execution of this Contract, obtained all requisite approvals and authority to enter into and
perform its obligations under this Contract, including, without limitation, the obligation to
make the initial payment or payments required to be made under this Contract on the date
or dates upon which such initial payment or payments may otherwise become due during
[name of agency's] current fiscal year [specify, such as: September 1, 2003 through August
31, 2004]. With respect to any subsequent payment which may be required to be made
under this Contract in any subsequent fiscal year of [name of agency] during the Term of
this Contract, the parties acknowledge that [name of agency's] authority to make such
subsequent payments are contingent upon appropriation to [name of agency] by the Texas
Legislature of funds sufficient for such purpose or may be otherwise be contingent on
availability of funds to [name of agency] sufficient for such purpose. If such additional
sufficient funds are not so appropriated to [name of agency] or are not available to [name of
agency], this Contract shall terminate as of the first day of the applicable subsequent fiscal
year of [name of agency] with respect to which such sufficient funds are either not
appropriated or are not available; in the event of such termination under this Section, [name
of agency] will not be liable to contractor for any damages or any other amounts which are
caused or associated with such termination and [name of agency] will not be required to give
prior notice. As to requests for appropriated funds for such subsequent fiscal years, [name
of agency] (a) will not effect termination of appropriated funds for the purpose of replacing
the Licensed Program(s) with an equivalent product or products supplied by others and (b)
will use its reasonable efforts to request appropriation of such additional sufficient funds.
Upon such termination, [name of agency] shall immediately cease all use of the Licensed
Program and return to contractor all copies of the Licensed Program and all related
documentation and continue to abide by the provisions of the License Agreement relating
to the confidentiality thereof.
And either alternative coupled with:
Section [XX]: Applicable Law and Conforming Amendments: Contractor must comply with
all laws, regulations, requirements and guidelines applicable to a catalogue vendor or other
contractor providing the services and products under this Contract to the State of Texas, as
these laws, regulations, requirements and guidelines currently exist and as amended
throughout the term of this Contract. [State agency] reserves the right, in its sole discretion,
to unilaterally amend this Contract throughout the term of the contract to incorporate any
modifications necessary for the [the agency's compliance, as an agency of the State of Texas,
with all applicable state and federal laws, regulations, requirements and guidelines.
Public Disclosure
Information, documentation and other material in connection with this contract may be subject to public
disclosure pursuant to Chapter 552 of the Texas Government Code (the “Public Information Act”).
Agencies may want to restrict publicity about the contract by the contractor without prior agency consent.
The contract should prohibit any publicity that could be construed as an endorsement by the agency of
the contractor or the products or services provided by the contractor pursuant to the contract.
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