Page:United States Statutes at Large Volume 108 Part 5.djvu/777

 PUBLIC LAW 103-413—OCT. 25, 1994 108 STAT. 4267 or reduce the trust responsibility of the United States to the tribe(s) or individual Indians. The Secretary shall act in good faith in upholding such trust responsibility. "'(2) GOOD FAITH.—TO the extent that health programs are included in this Contract, and within available funds, the Secretary shall act in good faith in cooperating with the Contractor to achieve the goals set forth in the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.). "'(3) PROGRAMS RETAINED.— AS specified in the annual funding agreement, the United States hereby retains the programs, services, functions, and activities with respect to the tribe(s) that are not specifically assumed by the Contractor in the annual funding agreement under subsection (f)(2). " '(e) OTHER PROVISIONS.— "'(1) DESIGNATED OFFICIALS.—Not later than the effective date of this Contract, the United States shall provide to the Contractor, and the Contractor shall provide to the United States, a written designation of a senior official to serve as a representative for notices, proposed amendments to the Contract, and other purposes for this Contract. " X 2) CONTRACT MODIFICATIONS OR AMENDMENT. — "'(A) IN GENERAL. —Except as provided in subparagraph (B), no modification to this Contract shall take effect unless such modification is made in the form of a written amendment to the Contract, and the Contractor and the Secretary provide written consent for the modification. " *(B) EXCEPTION.—The addition of supplemental funds for programs, functions, and activities (or portions thereof) already included in the annual funding agreement under subsection (f)(2), and the reduction of funds pursuant to section 106(b)(2), shall not be subject to subparagraph (A). "'(3) OFFICIALS NOT TO BENEFIT. —No Member of Congress, or resident commissioner, shall be admitted to any share or part of any contract executed pursuant to this Contract, or to any benefit that may arise from such contract. This paragraph may not be construed to apply to any contract with a third party entered into under this Contract if such contract is made with a corporation for the general benefit of the corporation. "'(4) COVENANT AGAINST CONTINGENT FEES. —The parties warrant that no person or selling agency has been employed or retained to solicit or secure any contract executed pursuant to this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. " ' (f) ATTACHMENTS. — "'(1) APPROVAL OF CONTRACT.— Unless previously furnished to the Secretary, the resolution of the Indian tribe(s) authorizing the contracting of the programs, services, functions, and activities identified in this Contract is attached to this Contract as attachment 1. " '(2) ANNUAL FUNDING AGREEMENT. — " '(A) IN GENERAL.—The annual funding agreement under this Contract shall only contain—.

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