1996-112-RES WHEREAS, STATE OF TEXAS IS A FUNDING PARTNER WITH THE COUNTY OF LAMAR AND COP

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damages and judgments, and shall pay all costs, fees and damages to dIe extent d,at such costs, fees and damages arise from performance ,or non-performancc of PERFORMING AGENCY under this contract. PERFORMING AGENCY, by acccplallce of funds provided duough contract Attachmcnt(s), agrces and ensures that personnel paid from dlesc funds are duly licenscd and/or qualificd to pcrform the requircd serviccs. ARTICLE 23. llnnding PERFORMING AGENCY is required to carry a fidelity bond or insurance coverage equal to the amount of funding provided under the contract Attachment(s) up to $100,000 that protects each employee of the PERFORMING AGENCY handling funds under this contract, including person(s) audlOrizing payment of such funds. TIle fidelity bond or 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 widl 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 his/her position or employment. ARTICLE 24. Hidnril"~lty "ncICDlt.il.iz.c.fl nll..in{'C;:~i:f";; RECENlNG AGENCY must comply widl Texas Government Code, Chapter 2161, and I Texas Administrative Code (fAC) ~~1I1.1I-1I1.24, whereby state agencies arc 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 arc 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 defmed in the Texas Government Code ~2161.001(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 arc owned by one or more socially disadvantaged persons who have a proportionate interest and actively participate in the corporation's control, operation, and maru>gement; (B) a sole proprietorship created for dIe purpose of making a profit that is completely owned, operated, and controlled by a socially disadvantaged person; (C) a partnership fonned for dle purpose of making a profit in which 51 percent or more of the assets and interest in the partnership are owned by onc or more socially disadvantaged persons who have a proportionate interest and actively participate in dlC partnership's control, opcration, and management; (D) a joint vcnture in which each entity in the vcnture is a historically underutilized business, as determined under anothcr paragraph of this subdivision; or (E) a supplier contract between a historically undcrutilized busincss as determined under another parag~aph of this subdivision and a prime contractor under which dle historically underutilized business is direcdy involved in the manufacture or distribution of dIe goods or odlerwise warchouscs and ships the goods." "Soeially disadvantaged pcrson" is defined in Texas Govcrnment Code ~2161.00I(3) as "...a pcrson 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 eirculllSlaIlccs over which the person has no control." PERFORMING AGENCY agrecs to: I) make a,good faith cffottto subeontract with HUBs during the performancc of its contract Attachment(s) with thc RECEIVING AGENCY and will report HUB subcontract activity on a quarterly basis for each contract Attachment less than $100,000; and 2) comply with dIe requircments for good faith cfforts found at I TAC ~~ 111.11-111.114 as a condition of rcceiving the contract award and for continuation of each contract Attachment when eithcr exceeds $100,000. In addition, (UlS) 1997 GENERAL PROVISIONS - Page 10 (5/96) '.