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<br />If federal funds are used to finance activities supported by the contract Attachment(s) that result in the production
<br />of original books, manuals, films, or other original material, the federal awarding agency reserves a roy~lty-free,
<br />nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for
<br />federal government purposes (1) the copyright in any work developed under a grant, subgrant, or contract under
<br />a grant or subgrant; and (2) any rights of copyright to which a PERFORMING AGENCY or its subrecipient
<br />purchases ownership with grant support. PERFORMING AGENCY shall place an acknowledgment of federal
<br />awarding agency grant support and a disclaimer, as appropriate, on any publication written or published with such
<br />support and, if feasible, on any publication reporting the results of or describing a grant-supported activity. An .
<br />acknowledgment shall be to the effect that "This publication was made possible by grant number
<br />from m~oeral awarding aiency)" or "The project described was supported by grant number from
<br />(federal awardin~ a~ency)" and "Its contents are solely the responsibility of the authors and do not necessarily
<br />represent the official views of the (~)."
<br />
<br />In the event the terms of a federal grant award the copyright to the PERFORMING AGENCY, RECEIVING
<br />AGENCY reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use,
<br />and to authorize others to use, for RECEIVING AGENCY and state government purposes (1) the copyright in any
<br />work developed under a grant, subgrant, or contract under a grant or subgrant; and (2) any rights of copyright to
<br />which a grantee, subgrantee or a contractor purchases ownership with grant support.
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<br />PERFORMING AGENCY may publish the results of the contract performance at its expense with prior
<br />RECEIVING AGENCY review and approval. If RECEIVING AGENCY owns the copyright, any publication
<br />should include"~ Texas Department of Health, 1100 West 49th Street, Austin, Texas, (the year of publication),
<br />All Rights Reserved." If the PERFORMING AGENCY is the copyright holder, any publication shall include
<br />acknowledgment of the support received from RECEIVING AGENCY. At least six copies of any such publication
<br />must be provided to RECEIVING AGENCY. RECEIVING AGENCY reserves the right to require additional copies.
<br />before or after the initial review.
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<br />PERFORMING AGENCY and any subrecipient, as appropriate, must comply with the standard patent rights
<br />clauses in 37 Code of Federal Regulations ~401.l4 or Federal Acquisition Regulations 52.227.11.
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<br />ARTICLE 25. Bonding
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<br />PERFORMING AGENCY is required to carry a fidelity bond, insurance coverage or self-insurance equal to the
<br />amount of funding provided under the contract Attachment(s) up to $1 OQ,OOO that covers each employee of the
<br />PERFORMING AGENCY handling funds under this contract, including person(s) authorizing payment of such
<br />funds. The fidelity bond, insurance, or self-insurance will provide for indemnification of losses occasioned by: I)
<br />any fraudulent or dishonest act or acts committed by any of PERFORMING AGENCY's employees, either
<br />individually or in concert with others, and/or 2) failure of PERFORMING AGENCY or any of its employees to
<br />perform faithfully hislher duties or to account properly for all monies and property received by virtue of hislher
<br />position or employment.
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<br />ARTICLE 26. Historically Underutilized Businesses
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<br />RECEIVING AGENCY shall comply with Texas Government Code, Chapter 2161, VTCA, and I TAC ~~111.11-
<br />111.24 whereby state agencies are required to make a good faith effort to assist historically underutilized businesses
<br />(HUBs) in receiving contract awards issued by the state to purchase "goods," which are defined as "supplies,
<br />materials, or equipment," services, or public works.
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<br />(LGS)
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<br />1999 GENERAL PROVISIONS Page 15
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