|
4 ~ •
<br />Appendix A
<br />this Contract. If Reseller is found to be not in compliance
<br />with these requirements during the tens of this Contract,
<br />Reseller agrees to take appropriate steps to correct these
<br />deficieacies. Upon request, Reseller will furnish
<br />information regarding its nondiscriminatory hiring and
<br />promotion policies, as well as specific infomurtion on the
<br />corrrposition of its principals and staff, includutg the
<br />identification of minorities and women in management or
<br />other 'positions with discretionary or decision-making
<br />authority.
<br />7. TECHNOLOGY ACCESS CLAUSE. AS
<br />REQUIRED BY $2157.005. TEXAS GOVERNMENT
<br />CODE. (Aaalicable to Stttte A¢enev Purchases Only)
<br />Reseller expressly acknowledges and agrees that State
<br />funds may not be expended in connection with the purchase
<br />of an automated infom~ation system unless that system
<br />meets certain statutory requirements relating to
<br />accessibility by persons with visual impairments.
<br />Accordingly, the Reseller represents and warrants to DIR
<br />and each Customer purchasing products under this Contract
<br />that the technology provided hereunder is capable, either by
<br />virtue of features included within the technology or because
<br />it is readily adaptable by use with other technology of (i)
<br />providing equivalent access for effective use by both visual
<br />and non-visual means; (ii) presenting infomuttion,
<br />including prompts used for interactive communications, in
<br />fom~ats intended for both visual and non-visual use; and
<br />(iii) being integrated into networks for obtaining,
<br />retrieving, and disseminating infom~ation . used by
<br />individuals who are not blind or visually impaired. For the
<br />purposes of this section, the phrase "equivalent access
<br />means a substantially similar ability to communicate with
<br />or make use of the technology, either directly by features
<br />incorporated within the technology or by other reasonable
<br />means such as assistive devices or services that would
<br />constitute reasonable accommodations under the
<br />Americans with Disabilities Act or similar state or federal
<br />laws. Examples, of methods by which equivalent access
<br />may be provided include, but are not limited to, keyboard
<br />alternatives to mouse commands and other means of
<br />navigating graphical display and customizable display
<br />appearance.
<br />until the later of a period of four years after termination of
<br />this Contract or until full, final and unappealable resolution
<br />of all audits or litigation issues that arise under this
<br />Contract Such records shall include identification of the
<br />procuring Customer, documentation of the Customer's
<br />ordering date, Customer Purchase Order number, order date
<br />of product or service, ship date or service delivery date, full
<br />invoice address, unit price, extended price, ;invoice number,
<br />record of procuring Customer payment and/or balance due,
<br />the calculations supporting each administrative fee owed
<br />DIR under this Contract, Historically', Underutilized
<br />Businesses Subcontracting reports, and such other
<br />documentation as DIR may request.
<br />Reseller shall grant access to all paper' and electronic
<br />records, books, documents, accounting procedures,
<br />practices and any other items relevant to the performance
<br />of this Contract to D1R, the auditors designated by D1R,
<br />including auditors of the State Auditor' Office and of the
<br />United States, and such other persons or entities designated
<br />by DIR for the purposes of inspecting, auditing and/or
<br />copying such books and records. Copies and printouts
<br />requested by DIR shall be provided by Reseller without
<br />charge. DIR shall provide Reseller ten (10) business days'
<br />notice prior to inspecting, auditing, and/or copying
<br />Reseller's records. Reseller's records, whether paper or
<br />electronic, shall be made available during regular office
<br />hours. Reseller's personnel familiar with the Reseller's
<br />books and recot+ds shall be available to .DIR staff and
<br />designees as needed. Reseller shall provide'adequate office
<br />space to DIR staff during the performance of a compliance
<br />check or audit.
<br />If any inspection or compliance check performed hereunder
<br />reveals an aggregate overcharge to a Customer of .5% or
<br />greater, or an aggregate underpayment to DIR of its
<br />administrative fee of .5% or greater, then the cost of such
<br />compliance check or inspection, including, but not limited
<br />to, the salary and associated overhead of DIR staff
<br />performing the compliance check or inspection, shall be
<br />reimbursed to DIR within thirty (30) days from receipt of
<br />an invoice from DIR reflecting the cost of the compliance
<br />check or inspection.
<br />8. COMMODITY SOFTWARE. Texas Government
<br />Code, §2157.068 requires State agencies to buy commodity
<br />software in accordance with contracts developed by DIR,
<br />unless the agency obtains a waiver from DIR. Reseller
<br />shall agree to wordinate all agency commodity software
<br />sali;s made pursuant to this Contract through existing DIR
<br />contracts, .if available. Reseller represents it will not
<br />license through a signed or unsigned license agreement,
<br />volume licensing agreement or an order confirmation, the
<br />commodity software to state agencies unless the agency is
<br />able to provide a DIR granted waiver that the agency is
<br />able to purchase the commodity software outside the DIR
<br />Coannodity Software wntracts. The operating system
<br />software and institutions of higher education are not bound
<br />to this Code.
<br />9. RECORDS AND AUDTT. The Reseller shall maintain
<br />adequate records to establish compliance with this Contract
<br />For procuring State Agencies whose payments are
<br />processed by the Texas Comptroller of Public Accounts,
<br />the volume of payments made to the Reseller through the
<br />Texas Comptroller of Public Accounts and the
<br />adminisU~ative fee based thereon shall be presumed correct
<br />unless Reseller can demonstrate to D1R's satisfaction that
<br />Reseller's calculation of D1R's administrative fee is
<br />correct.
<br />Reseller understands that acceptance of'ds under this
<br />Contract acts as acceptance of the authority of the State
<br />Auditor's Office, or any successor agency, • to conduct an
<br />audit or investigation in connection with those funds.
<br />Reseller further agrces to cooperate fully with the State
<br />Auditor's Office or its successor in the conduct of the audit
<br />or investigation, including providing all records requested.
<br />Reseller will ensure that this clause concerning the
<br />authority to audit funds received indirectly by
<br />
|