Applicability of General Provisions to Interagency and Interlocal Contracts Sample Clauses

Applicability of General Provisions to Interagency and Interlocal Contracts. ‌ a. The following sections or portions of sections of these General Provisions shall not apply to Interagency Cooperation Contracts (Texas Government Code 771) or Interlocal Cooperation Contracts (Texas Government Code Chapter 791): 1. Hold Harmless and Indemnification, Section 14.17; 2. Independent Contractor, Section 13.05; 3. Historically Underutilized Businesses (HUBs), Section 13.02 (Contractor, however, shall comply with HUB requirements of other statutes and rules specifically applicable to that entity; 4. Debt to State and Corporate Status, Section 4.01; 5. Application of Payment Due, Section 4.02; and
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Applicability of General Provisions to Interagency and Interlocal Contracts. DSHS has the authority to enter into: Interagency Cooperation Contracts (Texas Government Code Chapter 771) with state agencies and institutions of higher education; and Interlocal Cooperation Contracts (Texas Government Code Chapter 79) with local governmental entities. The following sections or portions of sections of these General Provisions shall not apply to interagency or interlocal contracts: Hold Harmless and Indemnification, Section 12.18; Independent Contractor, Section 11.05 , Historically Underutilized Businesses (HUBs), Section 11.02 (Contractor, however, shall comply with HUB requirements of other statutes and rules specifically applicable to that entity; Debt to State and Corporate Status, Section 3.01; Application of Payment Due, Section 3.02; and
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Applicability of General Provisions to Interagency and Interlocal Contracts. Certain sections or portions of sections of these General Provisions will not apply to Contractors that are State agencies or units of local government; and certain additional provisions will apply to such Contractors. a) The following sections or portions of sections of these General Provisions will not apply to interagency or interlocal contracts: 1) Hold Harmless and Indemnification, Section 13.19; 2) Independent Contractor, Section 12.15 (delete the third sentence in its entirety; delete the word “employees” in the fourth sentence; the remainder of the section applies); 3) Insurance, Section 12.03; 4) Liability Coverage, Section 12.05; 5) Fidelity Bond, Section 12.04;
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Applicability of General Provisions to Interagency and Interlocal Contracts. SYSTEM AGENCY has the authority to enter into: a. Interagency Cooperation Contracts (Texas Government Code Chapter 771) with state agencies and institutions of higher education; and b. Interlocal Cooperation Contracts (Texas Government Code Chapter 79) with local governmental entities. The following sections or portions of sections of these General Provisions shall not apply to interagency or interlocal contracts: Hold Harmless and Indemnification, Section 12.18; Independent Contractor, Section 11.05, Historically Underutilized Businesses (HUBs), Section 11.02 (Contractor, however, shall comply with HUB requirements of other statutes and rules specifically applicable to that entity; Debt to State and Corporate Status, Section 3.01; Application of Payment Due, Section 3.02; and Article XIV, Claims against the Department. The following additional provisions shall apply to Interlocal Cooperation Contracts: a. Payments made by SYSTEM AGENCY to Contractor shall be from current revenues available to SYSTEM AGENCY; and b. Each Party represents that it has been authorized to enter into this Contract.
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Related to Applicability of General Provisions to Interagency and Interlocal Contracts

  • GENERAL PROVISIONS AND RECITALS 12 1. The parties agree that the terms used, but not otherwise defined below in Paragraph B, shall 13 have the same meaning given to such terms under the Health Insurance Portability and Accountability Act 14 of 1996, Public Law 104-191 (“HIPAA”), the Health Information Technology for Economic and Clinical 15 Health Act, Public Law 111-005 (“the HITECH Act”), and their implementing regulations at 45 CFR Parts 16 160 and 164 (“the HIPAA regulations”) as they may exist now or be hereafter amended. 17 2. The parties agree that a business associate relationship under HIPAA, the HITECH Act, and 18 the HIPAA regulations between CONTRACTOR and COUNTY arises to the extent that CONTRACTOR 19 performs, or delegates to subcontractors to perform, functionsor activities on behalf of COUNTY pursuant 20 to, and as set forth in, the Contract that are described in the definition of “Business Associate” in 45 CFR 21 § 160.103. 22 3. COUNTY wishes to disclose to CONTRACTOR certain information pursuant to the terms of 23 the Contract, some of which may constitute Protected Health Information (“PHI”), as defined below in 24 Subparagraph B.10, to be used or disclosed in the course of providing services and activities pursuant to, 25 and as set forth, in the Contract. 26 4. The parties intend to protect the privacy and provide for the security of PHI that may be 27 created, received, maintained, transmitted, used, or disclosed pursuant to the Contract in compliance with 28 the applicable standards, implementation specifications, and requirements of HIPAA, the HITECH Act, 29 and the HIPAA regulations as they may exist now or be hereafter amended. 30 5. The parties understand and acknowledge that HIPAA, the HITECH Act, and the HIPAA 31 regulations do not pre-empt any state statutes, rules, or regulations that are not otherwise pre-empted by 32 other Federal law(s) and impose more stringent requirements with respect to privacy of PHI. 33 6. The parties understand that the HIPAA Privacy and Security rules, as defined below in 34 Subparagraphs B.9. and B.14., apply to CONTRACTOR in the same manner as they apply to a covered 35 entity (COUNTY). XXXXXXXXXX agrees therefore to be in compliance at all times with the terms of 36 this Business Associate Contract, as it exists now or be hereafter updated with notice to CONTRACTOR, 37 and the applicable standards, implementation specifications, and requirements of the Privacy and the 1 Security rules, as they may exist now or be hereafter amended, with respect to PHI and electronic PHI 2 created, received, maintained, transmitted, used, or disclosed pursuant to the Contract.

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