Res 1992-118 - Laserfiche WebLink

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Except to the extent that Chapter 104 of the Texas Civil Practice and Remedies Code is applicable to this contract, PERFORMING AGENCY agrees to hold RECEIVING AGENCY and/or federal government harmless and to indemnify them from and against any and all claims, demands, and causes of action of every kind and character which may be asserted by any third party occurring or in any way incident to, arising out of, or in connection with the performance of services by PERFORMING AGENCY under this contract to the extent allowed by law, and to the extent of damages permitted under Chapter 101 of the Texas Civil Practice and Remedies Code. PERFORMING AGENCY, by acceptance of funds provided through contract attachment;(s), agrees and ensures that personnel paid from these funds are duly licensed and/or qualified to perform the required services. ARTICLE 23. BondinR Each person employed by PERFORMING AGENCY who handles funds under this contract, including persons authorizing payment of such funds, will be covered by the terms of a fidelity bond providing for indemnification of losses occasioned by: (1) any fraudulent 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 AGE:NCY or any of it s 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. This fidelity bond will be in the amount of not less than Ten Thousand Dollars ($10,000). In the event that PERFORMING AGENCY, being an independent contractor, maintains a self-insurance program that provides for the indemnification of losses as described - in the above paragraph regarding fidelity bonds, then PERFORMING AGENCY will provide the RECEIVING AGENCY a certified statement which summarizes its self-insurance plan. The certified statement will be submitted at the time this contract is submitted for approval. Any changes to said plan, which occur during the term of this contract period, will be reported to RECEIVING AGENCY. The self-insurance program should be based on the determination that the coverage can be provided at a cost no greater than the cost of obtaining equivalent coverage from an insurance company. ARTICLE 24. Suspension/Termination If PERFORMING AGENCY fails to comply with RECEIVING AGENCY's reporting requirements, the program objectives, or the contract award conditions, RECEIVING AGENCY may withhold payments. RECEIVING AGENCY will provide advance written notice to PERFORMING AGENCY which will identify the deficiency and RECEIVING AGENCY's intent to withhold payments if the deficiency is not corrected within a specific number of days. When the deficiency is corrected, RECEIVING AGENCY will release any withheld payments with no further action. If PERFORMING AGENCY fails to comply with the terms, conditions, or standards of this contract, RECEIVING AGENCY may suspend the contract attachment(s) and prohibit PERFORMING AGENCY from incurring additional obligations of funds pending either corrective action or termination. RECEIVING AGENCY will provide written notice to PERFORMING AGENCY at least thirty (30) days in advance of. the suspension date. Such notice will detail the nature of noncompliance and specify a correction date. PERFORMING AGENCY may request a hearing on the proposed suspension if such request is made in writing within ten (10) days from any final notification of suspension. 1993 GENERAL PROVISIONS - Page 10 (5/92)