Res 1996-183 - Laserfiche WebLink

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5"7L ARTICLE 22. Holn H::¡rmless - To the extent authorized by law, PERFORMING AGENCY, as an independent contractor, agrees to hold RECEIVING AGENCY and/or federal government harmless and to indemnify them from any and all liability, suits, claims, losses, damages and judgments, and shall pay all costs, fees and damages to the extent that such costs, fees and damages arise from performance or non-performance of PERFORMING AGENCY under this contract. PERFORMING AGENCY. by acceptance of funds provided tbxough contract Attacbment(s), agrees and ensures that personnel paid from these funds are dilly licensed and/or qualified to perform the required services. ARTICLE 23. RonninG ~ PERFORMING AGENCY is required to carry a fidelity bond or insurance coverage equal to the amount of funding provided under the contract Anacbment(s) up to $100,000 that protects each employee of the PERFORMING AGENCY h~mr11ing funds under this contract, iDcluding person(s) authorizing payment of such funds. The fidelity bond or insurance will provide for indemnification of losses occasioned by: (1) any fraudillent or dishonest act or acts committed by any of PERFORMING AGENCY's employees either individually or in concert with others, and/or, (2) failure of PERFORMING AGENCY or any of its employees to perform faithfully his/her duties or to account properly for all monies and property received by virtue of his/her position or employment. ARTICLE 24. Historic::¡l1y TTnnPMmlizen Rl1sinp.ssps RECEIVING AGENCY must comply with Texas Government Code, Chapter 2161, and 1 Texas Administrative Code (fAC) §§111.l1-111.24, whereby state agencies are required to make a good faith effort to assist historically underutilized businesses (HUBs) in receiving contract awards issued by the state to purchase "goods," which are defined as "supplies, materials, or equipment," services, or public works. PERFORMING AGENCY agrees to assist RECEIVING AGENCY by complying with the same requirements. A HUB is defined in the Texas Government Code §2161.oo1(2) as "... (A) a corporation formed for the purpose of making a profit in which 51 percent or more of all classes of the shares of stock or other equitable securities are owned by one or more socially disadvantaged persons who have a proportionate interest and actively participate in the corporation's control, operation, and management; (B) a sole proprietorship created for the purpose of makIDg a profit that is completely owned, operated, and controlled by a socially disadvantaged person; (C) a partnership formed for the purpose of making a profit in which 51 percent or more of the assets and interest in the partnership are owned by one'or more socially disadvantaged persons who have a proportionate interest and actively participate in the partnership's control, operation, and management; (D) a joint venture in which each entity m the veIl!Ure is a historically underutilized business, as determined under another paragraph of this subdivision; or (E) a supplier contract betWeen a historically underutilized business as determined under another paragraph of this subdivision and a prime contractor under which the historically underutilized business is directly mvolved m the manufacture or distribution of the goods or otherwise warehouses and ships the goods." "Socially disadvantaged person" is defined in Texas Government Code §2161.oo1(3) as "...a person who is socially disadvantaged because of the person's identification as a member of a certain group, including Black Americans, Hispanic Americans, women, Asian Pacific Americans and Native Americans, and who has suffered the effects of discriminatory practices or other similar insidious circumstances over which the person has no control." PERFORMING AGENCY agrees to: (Independent) 1997 GENERAL PROVISIONS - Page 10 (5/96)