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<br />Except to the extent that Chapter 104 of the Texas Civil Practice and Remedies <br />Code is applicable to this contract, PERFORMING AGENCY agrees to hold <br />RECEIVING AGENCY and/or federal government harmless and to inde~~ify them from <br />and against any and all clai~s, demands, and causes of action of every kind <br />and character which may be asserted by any third party occurring or in any way <br />incident to, arising out of, or in connection with the performance of services <br />by PERFORMING AGENCY under this contract to the extent allowed by law, and to <br />the extent of damages permitted under Chapter 101 of the Texas Civil Practice <br />and Remedies Code. <br /> <br />PERFORMING AGENCY. by acceptance of funds provided through contract <br />attachment(s), agrees and ensures that pErsonnel paid from these funds are <br />duly licensed and/or qualified to perform the required services. <br /> <br />ARTICLE 23. Bonding <br /> <br />Each person employed by PERFO~~ING AGENCY who handles funds under this <br />contract, including persons authorizing payment of such funds, will be covered <br />by 'the terms of a fidelity bond providing for indemnification of losses <br />occasioned by: (1) any fraudulent or dishonest act or acts committed by any of <br />PERFORMING AGENCY's employees either individually or in concert with others, <br />and/or, (2) failure of PERFORMING AGENCY or any of its employees to perform <br />faithfully his/her duties or to account properly for all monies and property <br />received by virtue of his /her position or employment. This fidelity bond <br />will be in the amount of not less than Ten Thousand Dollars ($10,000). <br /> <br />In the event that PERFORMING AGENCY, being an independent contractor, <br />maintains a self-insurance program that provides for the indemnification of <br />losses as described in the above paragraph regarding fidelity bonds, then <br />PERFORMING AGENCY will provide the RECEIVING AGENCY a certified statement <br />which summarizes its self-insurance plan. The certified statement will be <br />submitted at the time this contract is submitted for approval. Any changes to <br />said plan, which occur during the term of this contract period, will be <br />reported to RECEIVING AGENCY. The self-insurance program should be based on <br />the determination that the coverage can be provided at a cost no greater than <br />the cost of obtaining equivalent coverage from an insurance company. <br /> <br />ARTICLE 24. Suspension/Termination <br /> <br />If PERFORMING AGENCY fails to comply with RECEIVING AGENCY's reporting <br />requirements, the program objectives, or the contract award conditions, <br />RECEIVING AGENCY may withhold payments. RECEIVING AGENCY will provide advance <br />written notice to PERFORMING AGENCY which will identify the deficiency and <br />RECEIVING AGENCY's intent to withhold payments if the deficiency is not <br />corrected within a specific number of days. When the deficiency is corrected, <br />RECEIVING AGENCY will release any withheld payments with no further action. <br />If PERFORMING AGENCY fails to comply with the terms, conditions, or standards <br />of this contract, RECEIVING AGENCY may suspend the contract attachment(s) and <br />prohibit PERFORMING AGENCY from incurring additional obligations of funds <br />pending either corrective action or termination. RECEIVING AGENCY will <br />provide written notice to PERFORMING AGENCY at least thirty (30) days in <br />advance of the suspension date. Such notice will detail the nature of <br />noncompliance and specify a correction date. PERFORMING AGENCY may request a <br />hearing on the proposed suspension if such request is made in writing within <br />ten (10) days from any final notification of suspension. <br /> <br />1993 GENERAL PROVISIONS - Page 10 <br /> <br />(5/92\ <br />