1997-120-RES WHEREAS, STATE OF TEXAS IS A FUNDING PARTNER WITH THE COUNTY OF LAMAR AND COP

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1 If the PERFORMING AGENCY is the copyright holder, any publication shall include acknowledgment of the support received from RECEIVING AGENCY. At least six copies of any such publication must be provided to RECEIVING AGENCY. RECEIVING AGENCY reserves the right to require additional copies before or afler the initial review. PERFORMING AGENCY and any subcontractor, as appropriate. must comply with the standard patent rights clauses in 37 Code of Federal Regulations ~401.14 or Federal Acquisition Regulations 52.227.11. ARTICLE 23. Hold Hannless PERFORMING AGENCY. as an independent contractor, agrees to hold RECEIVING AGENCY and/or the federal government harmless and to indemnify them from any and all liability, suits. claims, losses, damages and judgments, and to 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 conlract. PERFORMING AGENCY's agreement to indemnify RECEMNG AGENCY is limited to the extent permitted under Title 5 of the Civil Practice and Remedies Code. VTCA, and to the extent allowed by any other laws. RECEIVING AGENCY. as a state governmental agency. agrees to hold PERFORMING AGENCY harmless and to indemnify it against any and all liability, suits, claims, losses, damages and judgments that arise from the performance or non-perfonnance of RECEIVING AGENCY under this contract to the extent authorized by the governmental liability provisions of Title 5 of the Civil Practice and Remedies Code, VTCA. and to the extent allowed by any other laws. 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 24. Bondine PERFORMING AGENCY is required to carry a fidelity bond, insurance coverage, or self-insurance equal !o the amount of funding provided under the contract Attachment(s) up to $100,000 that covers each employee of the PERFORMING AGENCY handling funds under this contract, including person(s) authorizing payment of such funds. The fidelity bond, insurance, or self-insurance will provide for indemnification of losses occasioned by: I) 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 AGENCY or any of its employees to perform faithfully hislher duties or to account properly for all monies and property received by virtue of hislher position or employment. ARTICLE 25. Historicallv Underutilized Businesses RECEIVING AGENCY shall comply with Texas Government Code, Chapter 2161. VTCA. and 1 Texas Administrative Code (TAC) ~~111.11-111.24. 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. A HUB is defined in the Texas Government Code ~2I61.00I(2), VTCA, as: A. a corporation fonned 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 inlerest and actively participate in the corporation's control. operation, and management; B. a sole proprietorship created for the purpose of making a profit that is completely owned, operated, and controlled by a socially disadvantaged person; (LHS) 1998 GENERAL PROVISIONS - Page 13 (8/97)