Contracts Management Guide - Texas Comptroller of Public Accounts

Contractor Responsibilities
Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations
and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the
performance of this agreement, including, if applicable, workers, compensation laws, compensation
statutes and regulations, and licensing laws and regulations. When required, contractor shall furnish agency
name with satisfactory proof of its compliance.
The contractor shall be responsible for damage to agency name’s equipment, and/or the workplace and its
contents, by its, or its contractors’ work, negligence in work, personnel, and equipment. The contractor
shall be responsible and liable for the safety, injury and health of its employees and contractors while they
are performing work for agency name under this Contract.
The contractor shall provide all labor and equipment necessary to furnish the goods or perform the
service. All employees of the vendor shall be a minimum of 17 years of age and experienced in the type
of work to be performed. No visitors or relatives of the contractor’s employees and contractors will be
allowed on state property unless they are bona fide employees or contractors of the contractor performing
work under this Contract.
Assignment
The contractor shall not assign or subcontract the whole or any part of the contact without agency name’s
prior written consent. The Contractor may assign its right to receive payment to such third parties as the
contractor may desire without the prior written consent of the state, provided that contractor gives
written notice (including evidence of such assignment) to the state thirty (30) days in advance of any
payment so assigned. The assignment shall cover all unpaid amounts under this contract and shall not be
made to more than one party.
Indemnification
CONTRACTOR SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS, ITS
OFFICERS, AND EMPLOYEES, AND [NAME OF AGENCY], ITS OFFICERS, AND EMPLOYEES AND
CONTRACTORS, FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS, DEMANDS,
PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING WITHOUT LIMITATION
ATTORNEYS’ FEES AND COURT COSTS, ARISING OUT OF, CONNECTED WITH, OR RESULTING
FROM ANY ACTS OR OMISSIONS OF CONTRACTOR OR ANY AGENT, EMPLOYEE,
SUBCONTRACTOR, OR SUPPLIER OF CONTRACTOR IN THE EXECUTION OR PERFORMANCE
OF THIS CONTRACT. CONTRACTOR SHALL COORDINATE ITS DEFENSE WITH THE TEXAS
ATTORNEY GENERAL AS REQUESTED BY [NAME OF AGENCY].
THIS PARAGRAPH IS NOT INTENDED TO AND SHALL NOT BE CONSTRUED TO REQUIRE
CONTRACTOR TO INDEMNIFY OR HOLD HARMLESS THE STATE OR [NAME OF AGENCY] FOR ANY
CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF [NAME OF
AGENCY] OR ITS EMPLOYEES.
Insurance
The Contractor shall procure and maintain at its expense during the term of the contract or any
extensions thereof, insurance as listed below. Insurance shall be written by companies acceptable to (name
of agency) and authorized to do business in the State of Texas. Policies shall include terms and provisions
indicated below. The Contractor shall provide and furnish evidence of the following insurance:
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