CERTIFICATIONS & AFFIRMATIONS. As applicable to this Contract, Grantee certifies and affirms that by entering into this Contract that these certifications and affirmations apply to Grantee, and all of Grantee's principals, officers, directors, shareholders, partners, owners, agents, employees, subgrantees, independent contractors, and any other representatives who will provide services under, who have a financial interest in, or otherwise have an interest in this Contract. A. Grantee has not given, offered to give, and does not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract. B. Under Texas Government Code §2155.004 (regarding the prohibition of certain financial participation by persons) and §2155.006 and §2261.053 (both relating to ability to receive this Contract, and convictions or penalties regarding Hurricane Xxxx, Hurricane Xxxxxxx or other disasters), Grantee acknowledges that it is not ineligible to receive this Contract and that this Contract will be terminated and payment withheld if this certification is found to be inaccurate. C. Under Texas Family Code §231.006 (relating to delinquent child support), Grantee acknowledges that it is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract will be terminated and payment will be withheld if this certification is found to be inaccurate. D. Grantee is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency under the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 CFR Part 376, and any relevant regulations promulgated by the department or agency funding this project. Grantee agrees that this provision will be included in its entirety in Grantee’s subcontracts if payment in whole or in part is from federal funds. Furthermore, Grantee acknowledges that it has not been subjected to suspension, debarment, or similar ineligibility determined by any state or local governmental entity. E. Grantee is not listed on the federal government's terrorism watch list described in Executive Order 13224. Entities ineligible for federal procurement are listed at F. Under Texas Government Code §669.003 (relating to contracting with the executive head of a state agency), Xxxxxxx acknowledges that it is not the executive head of DFPS, was not at any time during the past four years the executive head of DFPS and does not employ a current or former executive head of DFPS. G. Xxxxxxx acknowledges that it is not currently delinquent in the payment of any franchise taxes owed to the State of Texas under Texas Tax Code Chapter 171. H. Payments to Grantee and Xxxxxxx's receipt of appropriated or other funds under this Contract are not prohibited by Texas Government Code §556.005, I. If this Contract is for services, the Grantee will comply with Texas Government Code §2155.4441 for the purchase of products and materials produced in the State of Texas. However, this §2155.4441 is not applicable to Contracts or Agreements with federal funding that further prohibits the use of geographic preferences. J. Grantee has not violated state or federal antitrust laws and has not communicated its bid for this Contract directly or indirectly to any competitor or any other person engaged in such line of business. Grantee hereby assigns to DFPS any claims for overcharges associated with this Contract under 15 U.S.C. K. If the Grantee is a “Company” under Texas Government Code §808.001, at the time of executing this Contract, the Grantee is verifying that it is not boycotting Israel and will not boycott Israel during the term of this Contract. L. Under Texas Government Code §2155.0061, Grantee certifies that it is not ineligible to receive this contract and acknowledges that this contract may be terminated and payment withheld if it is found that during the five-year period preceding the date of this Contract, that the Grantee has been convicted of any offense related to the direct support or promotion of human trafficking. M. Under Texas Government Code §2252.152, the Grantee warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization. N. The requirements of Texas Government Code 552, Subchapter J may apply to this Contract and the Grantee agrees that this Contract can be terminated if the Grantee knowingly or intentionally fails to comply with a requirement of this Subchapter. SECTION I SUPPLEMENTAL CONDITIONS A. Section I., B., PROMPT PAYMENT is deleted in its entirety. B. Section I., C., TRAVEL EXPENSES is deleted in its entirety and replaced with the following: Travel must always be billed at the current approved General Service Administration (GSA) rate in effect for the service date on the invoice. Rates may be found at: xxxxx://xxx.xxx.xxx/travel-resources. Mileage rates may be found at: xxxx://xxx.xxx.xxx/mileage. C. Section VII., R., LIMITATION OF DFPS NAME, SEAL OR LOGO is deleted in its entirety and replaced with the following: 1. Grantee will not use the DFPS name, seal or logo in any form or manner. 2. Grantee will not use the DFPS name, seal or logo to imply any endorsement, approval, or sponsorship of Grantee's goods or services by DFPS.
Appears in 36 contracts
Samples: Grant Agreement, Grant Agreement, Grant Agreement
CERTIFICATIONS & AFFIRMATIONS. As applicable to this Contract, Grantee certifies and affirms that by entering into this Contract that these certifications and affirmations apply to Grantee, and all of Grantee's principals, officers, directors, shareholders, partners, owners, agents, employees, subgrantees, independent contractors, and any other representatives who will provide services under, who have a financial interest in, or otherwise have an interest in this Contract.
A. Grantee has not given, offered to give, and does not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract.
B. Under Texas Government Code §2155.004 (regarding the prohibition of certain financial participation by persons) and §2155.006 and §2261.053 (both relating to ability to receive this Contract, and convictions or penalties regarding Hurricane Xxxx, Hurricane Xxxxxxx or other disasters), Grantee acknowledges that it is not ineligible to receive this Contract and that this Contract will be terminated and payment withheld if this certification is found to be inaccurate.
C. Under Texas Family Code §231.006 (relating to delinquent child support), Grantee acknowledges that it is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract will be terminated and payment will be withheld if this certification is found to be inaccurate.
D. Grantee is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency under the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 CFR Part 376, and any relevant regulations promulgated by the department or agency funding this project. Grantee agrees that this provision will be included in its entirety in Grantee’s subcontracts if payment in whole or in part is from federal funds. Furthermore, Grantee acknowledges that it has not been subjected to suspension, debarment, or similar ineligibility determined by any state or local governmental entity.
E. Grantee is not listed on the federal government's terrorism watch list described in Executive Order 13224. Entities ineligible for federal procurement are listed at
F. Under Texas Government Code §669.003 (relating to contracting with the executive head of a state agency), Xxxxxxx acknowledges that it is not the executive head of DFPS, was not at any time during the past four years the executive head of DFPS and does not employ a current or former executive head of DFPS.
G. Xxxxxxx acknowledges that it is not currently delinquent in the payment of any franchise taxes owed to the State of Texas under Texas Tax Code Chapter 171.
H. Payments to Grantee and Xxxxxxx's receipt of appropriated or other funds under this Contract are not prohibited by Texas Government Code §556.005,
I. If this Contract is for services, the Grantee will comply with Texas Government Code §2155.4441 for the purchase of products and materials produced in the State of Texas. However, this §2155.4441 is not applicable to Contracts or Agreements with federal funding that further prohibits the use of geographic preferences.
J. Grantee has not violated state or federal antitrust laws and has not communicated its bid for this Contract directly or indirectly to any competitor or any other person engaged in such line of business. Grantee hereby assigns to DFPS any claims for overcharges associated with this Contract under 15 U.S.C.
K. If the Grantee is a “Company” under Texas Government Code §808.001, at the time of executing this Contract, the Grantee is verifying that it is not boycotting Israel and will not boycott Israel during the term of this Contract.
L. Under Texas Government Code §2155.0061, Grantee certifies that it is not ineligible to receive this contract and acknowledges that this contract may be terminated and payment withheld if it is found that during the five-year period preceding the date of this Contract, that the Grantee has been convicted of any offense related to the direct support or promotion of human trafficking.
M. Under Texas Government Code §2252.152, the Grantee warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization.
N. The requirements of Texas Government Code 552, Subchapter J may apply to this Contract and the Grantee agrees that this Contract can be terminated if the Grantee knowingly or intentionally fails to comply with a requirement of this Subchapter. SECTION I SUPPLEMENTAL CONDITIONS
A. Section I., B., PROMPT PAYMENT is deleted in its entirety.
B. Section I., C., TRAVEL EXPENSES is deleted in its entirety and replaced with the following: Travel must always be billed at the current approved General Service Administration (GSA) rate in effect for the service date on the invoice. Rates may be found at: xxxxx://xxx.xxx.xxx/travel-resources. Mileage rates may be found at: xxxx://xxx.xxx.xxx/mileage.
C. Section VII., R., LIMITATION OF DFPS NAME, SEAL OR LOGO is deleted in its entirety and replaced with the following:
1. Grantee will not use the DFPS name, seal or logo in any form or manner.
2. Grantee will not use the DFPS name, seal or logo to imply any endorsement, approval, or sponsorship of Grantee's goods or services by DFPS.
D. Section VI., B.2., TERMINATION FOR CAUSE is deleted in its entirety and replaced with the following: In addition to any other remedy allowed by law, Grantee will be responsible to DFPS for all costs incurred by DFPS and the State of Texas to replace the Grantee. These costs include, but are not limited to, the reasonable and calculable costs of procuring a substitute Grantee, and the cost of any claim or litigation that is reasonably attributable to Grantee’s failure to provide services or goods.
Appears in 1 contract
Samples: Grant Agreement
CERTIFICATIONS & AFFIRMATIONS. As applicable to this Contract, Grantee certifies and affirms that by entering into this Contract that these certifications and affirmations apply to Grantee, and all of Grantee's principals, officers, directors, shareholders, partners, owners, agents, employees, subgrantees, independent contractors, and any other representatives who will provide services under, who have a financial interest in, or otherwise have an interest in this Contract.
A. Grantee has not given, offered to give, and does not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract.
B. Under Texas Government Code §2155.004 (regarding the prohibition of certain financial participation by persons) and §2155.006 and §2261.053 (both relating to ability to receive this Contract, and convictions or penalties regarding Hurricane Xxxx, Hurricane Xxxxxxx or other disasters), Grantee acknowledges that it is not ineligible to receive this Contract and that this Contract will be terminated and payment withheld if this certification is found to be inaccurate.
C. Under Texas Family Code §231.006 (relating to delinquent child support), Grantee acknowledges that it is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract will be terminated and payment will be withheld if this certification is found to be inaccurate.
D. Grantee is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency under the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 CFR Part 376, and any relevant regulations promulgated by the department or agency funding this project. Grantee agrees that this provision will be included in its entirety in Grantee’s subcontracts if payment in whole or in part is from federal funds. Furthermore, Grantee acknowledges that it has not been subjected to suspension, debarment, or similar ineligibility determined by any state or local governmental entity.
E. Grantee is not listed on the federal government's terrorism watch list described in Executive Order 13224. Entities ineligible for federal procurement are listed at
F. Under Texas Government Code §669.003 (relating to contracting with the executive head of a state agency), Xxxxxxx acknowledges that it is not the executive head of DFPS, was not at any time during the past four years the executive head of DFPS and does not employ a current or former executive head of DFPS.
G. Xxxxxxx acknowledges that it is not currently delinquent in the payment of any franchise taxes owed to the State of Texas under Texas Tax Code Chapter 171.
H. Payments to Grantee and Xxxxxxx's receipt of appropriated or other funds under this Contract are not prohibited by Texas Government Code §556.005,
I. If this Contract is for services, the Grantee will comply with Texas Government Code §2155.4441 for the purchase of products and materials produced in the State of Texas. However, this §2155.4441 is not applicable to Contracts or Agreements with federal funding that further prohibits the use of geographic preferences.
J. Grantee has not violated state or federal antitrust laws and has not communicated its bid for this Contract directly or indirectly to any competitor or any other person engaged in such line of business. Grantee hereby assigns to DFPS any claims for overcharges associated with this Contract under 15 U.S.C.
K. If the Grantee is a “Company” under Texas Government Code §808.001, at the time of executing this Contract, the Grantee is verifying that it is not boycotting Israel and will not boycott Israel during the term of this Contract.
L. Under Texas Government Code §2155.0061, Grantee certifies that it is not ineligible to receive this contract and acknowledges that this contract may be terminated and payment withheld if it is found that during the five-year period preceding the date of this Contract, that the Grantee has been convicted of any offense related to the direct support or promotion of human trafficking.
M. Under Texas Government Code §2252.152, the Grantee warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization.
N. The requirements of Texas Government Code 552, Subchapter J may apply to this Contract and the Grantee agrees that this Contract can be terminated if the Grantee knowingly or intentionally fails to comply with a requirement of this Subchapter. SECTION I SUPPLEMENTAL CONDITIONS
A. Section I., B., PROMPT PAYMENT is deleted in its entirety.
B. Section I., C., TRAVEL EXPENSES is deleted in its entirety and replaced with the following: Travel must always be billed at the current approved General Service Administration (GSA) rate in effect for the service date on the invoice. Rates may be found at: xxxxx://xxx.xxx.xxx/travel-resources. Mileage rates may be found at: xxxx://xxx.xxx.xxx/mileage.
C. Section VII., R., LIMITATION OF DFPS NAME, SEAL OR LOGO is deleted in its entirety and replaced with the following:
1. Grantee will not use the DFPS name, seal or logo in any form or manner.
2. Grantee will not use the DFPS name, seal or logo to imply any endorsement, approval, or sponsorship of Grantee's goods or services by DFPS.
D. Section VI.B.2. TERMINATION FOR CAUSE is deleted in its entirety and replaced with the following: In addition to any other remedy allowed by law, Grantee will be responsible to DFPS for all costs incurred by DFPS and the State of Texas to replace the Grantee. These costs include, but are not limited to, the reasonable and calculable costs of procuring a substitute Grantee, and the cost of any claim or litigation that is reasonably attributable to Grantee’s failure to provide services or goods.
Appears in 1 contract
Samples: Grant Agreement
CERTIFICATIONS & AFFIRMATIONS. As applicable to this Contract, Grantee certifies and affirms that by entering into this Contract that these certifications and affirmations apply to Grantee, and all of Grantee's principals, officers, directors, shareholders, partners, owners, agents, employees, subgrantees, independent contractors, and any other representatives who will provide services under, who have a financial interest in, or otherwise have an interest in this Contract.
A. Grantee has not given, offered to give, and does not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract.
B. Under Texas Government Code §2155.004 (regarding the prohibition of certain financial participation by persons) and §2155.006 and §2261.053 (both relating to ability to receive this Contract, and convictions or penalties regarding Hurricane Xxxx, Hurricane Xxxxxxx or other disasters), Grantee acknowledges that it is not ineligible to receive this Contract and that this Contract will be terminated and payment withheld if this certification is found to be inaccurate.
C. Under Texas Family Code §231.006 (relating to delinquent child support), Grantee acknowledges that it is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract will be terminated and payment will be withheld if this certification is found to be inaccurate.
D. Grantee is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency under the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 CFR Part 376, and any relevant regulations promulgated by the department or agency funding this project. Grantee agrees that this provision will be included in its entirety in Grantee’s subcontracts if payment in whole or in part is from federal funds. Furthermore, Grantee acknowledges that it has not been subjected to suspension, debarment, or similar ineligibility determined by any state or local governmental entity.
E. Grantee is not listed on the federal government's terrorism watch list described in Executive Order 13224. Entities ineligible for federal procurement are listed at
F. Under Texas Government Code §669.003 (relating to contracting with the executive head of a state agency), Xxxxxxx acknowledges that it is not the executive head of DFPS, was not at any time during the past four years the executive head of DFPS and does not employ a current or former executive head of DFPS.
G. Xxxxxxx acknowledges that it is not currently delinquent in the payment of any franchise taxes owed to the State of Texas under Texas Tax Code Chapter 171.
H. Payments to Grantee and Xxxxxxx's receipt of appropriated or other funds under this Contract are not prohibited by Texas Government Code §556.005,
I. If this Contract is for services, the Grantee will comply with Texas Government Code §2155.4441 for the purchase of products and materials produced in the State of Texas. However, this §2155.4441 is not applicable to Contracts or Agreements with federal funding that further prohibits the use of geographic preferences.
J. Grantee has not violated state or federal antitrust laws and has not communicated its bid for this Contract directly or indirectly to any competitor or any other person engaged in such line of business. Grantee hereby assigns to DFPS any claims for overcharges associated with this Contract under 15 U.S.C.
K. If the Grantee is a “Company” under Texas Government Code §808.001, at the time of executing this Contract, the Grantee is verifying that it is not boycotting Israel and will not boycott Israel during the term of this Contract.
L. Under Texas Government Code §2155.0061, Grantee certifies that it is not ineligible to receive this contract and acknowledges that this contract may be terminated and payment withheld if it is found that during the five-year period preceding the date of this Contract, that the Grantee has been convicted of any offense related to the direct support or promotion of human trafficking.
M. Under Texas Government Code §2252.152, the Grantee warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization.
N. The requirements of Texas Government Code 552, Subchapter J may apply to this Contract and the Grantee agrees that this Contract can be terminated if the Grantee knowingly or intentionally fails to comply with a requirement of this Subchapter. SECTION I SUPPLEMENTAL CONDITIONS
A. Section I., B., PROMPT PAYMENT is deleted in its entirety.
B. Section I., C., TRAVEL EXPENSES is deleted in its entirety and replaced with the following: Travel must always be billed at the current approved General Service Administration (GSA) rate in effect for the service date on the invoice. Rates may be found at: xxxxx://xxx.xxx.xxx/travel-resources. Mileage rates may be found at: xxxx://xxx.xxx.xxx/mileage.
C. Section VI., A. TERMINATION FOR CONVENIENCE is deleted in its entirety and replaced with the following: Either Party may terminate the Contract, in whole or in part, by giving written notice specifying a termination date at least 30-calendar days subsequent to the date of the notice after which the Contract will terminate at the end of the 30-calendar day notice period. Upon sending or receipt of any such notice, Grantee shall cease work, undertake to terminate any relevant subawards, and incur no further expense related to this Contract.
D. Section VII., R., LIMITATION OF DFPS NAME, SEAL OR LOGO is deleted in its entirety and replaced with the following:
1. Grantee will not use the DFPS name, seal or logo in any form or manner.
2. Grantee will not use the DFPS name, seal or logo to imply any endorsement, approval, or sponsorship of Grantee's goods or services by DFPS.
Appears in 1 contract
Samples: Grant Agreement
CERTIFICATIONS & AFFIRMATIONS. As applicable to this Contract, Grantee certifies and affirms that by entering into this Contract that these certifications and affirmations apply to Grantee, and all of Grantee's principals, officers, directors, shareholders, partners, owners, agents, employees, subgrantees, independent contractors, and any other representatives who will provide services under, who have a financial interest in, or otherwise have an interest in this Contract.
A. Grantee has not given, offered to give, and does not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract.
B. Under Texas Government Code §2155.004 (regarding the prohibition of certain financial participation by persons) and §2155.006 and §2261.053 (both relating to ability to receive this Contract, and convictions or penalties regarding Hurricane Xxxx, Hurricane Xxxxxxx or other disasters), Grantee acknowledges that it is not ineligible to receive this Contract and that this Contract will be terminated and payment withheld if this certification is found to be inaccurate.
C. Under Texas Family Code §231.006 (relating to delinquent child support), Grantee acknowledges that it is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract will be terminated and payment will be withheld if this certification is found to be inaccurate.
D. Grantee is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency under the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 CFR Part 376, and any relevant regulations promulgated by the department or agency funding this project. Grantee agrees that this provision will be included in its entirety in Grantee’s subcontracts if payment in whole or in part is from federal funds. Furthermore, Grantee acknowledges that it has not been subjected to suspension, debarment, or similar ineligibility determined by any state or local governmental entity.
E. Grantee is not listed on the federal government's terrorism watch list described in Executive Order 13224. Entities ineligible for federal procurement are listed at
F. Under Texas Government Code §669.003 (relating to contracting with the executive head of a state agency), Xxxxxxx acknowledges that it is not the executive head of DFPS, was not at any time during the past four years the executive head of DFPS and does not employ a current or former executive head of DFPS.
G. Xxxxxxx acknowledges that it is not currently delinquent in the payment of any franchise taxes owed to the State of Texas under Texas Tax Code Chapter 171.
H. Payments to Grantee and Xxxxxxx's receipt of appropriated or other funds under this Contract are not prohibited by Texas Government Code §556.005,
I. If this Contract is for services, the Grantee will comply with Texas Government Code §2155.4441 for the purchase of products and materials produced in the State of Texas. However, this §2155.4441 is not applicable to Contracts or Agreements with federal funding that further prohibits the use of geographic preferences.
J. Grantee has not violated state or federal antitrust laws and has not communicated its bid for this Contract directly or indirectly to any competitor or any other person engaged in such line of business. Grantee hereby assigns to DFPS any claims for overcharges associated with this Contract under 15 U.S.C.
K. If the Grantee is a “Company” under Texas Government Code §808.001, at the time of executing this Contract, the Grantee is verifying that it is not boycotting Israel and will not boycott Israel during the term of this Contract.
L. Under Texas Government Code §2155.0061, Grantee certifies that it is not ineligible to receive this contract and acknowledges that this contract may be terminated and payment withheld if it is found that during the five-year period preceding the date of this Contract, that the Grantee has been convicted of any offense related to the direct support or promotion of human trafficking.
M. Under Texas Government Code §2252.152, the Grantee warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization.
N. The requirements of Texas Government Code 552, Subchapter J may apply to this Contract and the Grantee agrees that this Contract can be terminated if the Grantee knowingly or intentionally fails to comply with a requirement of this Subchapter. SECTION I SUPPLEMENTAL CONDITIONS
A. Section I., B., PROMPT PAYMENT is deleted in its entirety.
B. Section I., C., TRAVEL EXPENSES is deleted in its entirety and replaced with the following: Travel must always be billed at the current approved General Service Administration (GSA) rate in effect for the service date on the invoice. Rates may be found at: xxxxx://xxx.xxx.xxx/travel-resources. Mileage rates may be found at: xxxx://xxx.xxx.xxx/mileage.
C. Section VIIII., R.D., LIMITATION OF CONFIDENTIAL INFORMATION, 2., is deleted in its entirety and replaced with the following: Grantee will notify DFPS NAMEimmediately, SEAL OR LOGO in compliance with time limits established by federal HIPAA law, and Texas House Bill 300, after Xxxxxxx discovers any possible or actual unauthorized disclosure or breach of DFPS confidential information.
D. Section III., OWNERSHIP & INTELLECTUAL PROPERTY is deleted in its entirety.
E. Section VI., TERMINATION is deleted in its entirety and replaced with the following:
1. Grantee will not use the DFPS name, seal or logo in any form or manner.
2. Grantee will not use the DFPS name, seal or logo to imply any endorsement, approval, or sponsorship of Grantee's goods or services by DFPS.
Appears in 1 contract
Samples: Grant Agreement
CERTIFICATIONS & AFFIRMATIONS. As applicable to this Contract, Grantee certifies and affirms that by entering into this Contract that these certifications and affirmations apply to Grantee, and all of Grantee's principals, officers, directors, shareholders, partners, owners, agents, employees, subgrantees, independent contractors, and any other representatives who will provide services under, who have a financial interest in, or otherwise have an interest in this Contract.
A. Grantee has not given, offered to give, and does not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract.
B. Under Texas Government Code §2155.004 (regarding the prohibition of certain financial participation by persons) and §2155.006 and §2261.053 (both relating to ability to receive this Contract, and convictions or penalties regarding Hurricane Xxxx, Hurricane Xxxxxxx or other disasters), Grantee acknowledges that it is not ineligible to receive this Contract and that this Contract will be terminated and payment withheld if this certification is found to be inaccurate.
C. Under Texas Family Code §231.006 (relating to delinquent child support), Grantee acknowledges that it is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract will be terminated and payment will be withheld if this certification is found to be inaccurate.
D. Grantee is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency under the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 CFR Part 376, and any relevant regulations promulgated by the department or agency funding this project. Grantee agrees that this provision will be included in its entirety in Grantee’s subcontracts if payment in whole or in part is from federal funds. Furthermore, Grantee acknowledges that it has not been subjected to suspension, debarment, or similar ineligibility determined by any state or local governmental entity.
E. Grantee is not listed on the federal government's terrorism watch list described in Executive Order 13224. Entities ineligible for federal procurement are listed at
F. Under Texas Government Code §669.003 (relating to contracting with the executive head of a state agency), Xxxxxxx acknowledges that it is not the executive head of DFPS, was not at any time during the past four years the executive head of DFPS and does not employ a current or former executive head of DFPS.
G. Xxxxxxx acknowledges that it is not currently delinquent in the payment of any franchise taxes owed to the State of Texas under Texas Tax Code Chapter 171.
H. Payments to Grantee and Xxxxxxx's receipt of appropriated or other funds under this Contract are not prohibited by Texas Government Code §556.005,
I. If this Contract is for services, the Grantee will comply with Texas Government Code §2155.4441 for the purchase of products and materials produced in the State of Texas. However, this §2155.4441 is not applicable to Contracts or Agreements with federal funding that further prohibits the use of geographic preferences.
J. Grantee has not violated state or federal antitrust laws and has not communicated its bid for this Contract directly or indirectly to any competitor or any other person engaged in such line of business. Grantee hereby assigns to DFPS any claims for overcharges associated with this Contract under 15 U.S.C.
K. If the Grantee is a “Company” under Texas Government Code §808.001, at the time of executing this Contract, the Grantee is verifying that it is not boycotting Israel and will not boycott Israel during the term of this Contract.
L. Under Texas Government Code §2155.0061, Grantee certifies that it is not ineligible to receive this contract and acknowledges that this contract may be terminated and payment withheld if it is found that during the five-year period preceding the date of this Contract, that the Grantee has been convicted of any offense related to the direct support or promotion of human trafficking.
M. Under Texas Government Code §2252.152, the Grantee warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization.
N. The requirements of Texas Government Code 552, Subchapter J may apply to this Contract and the Grantee agrees that this Contract can be terminated if the Grantee knowingly or intentionally fails to comply with a requirement of this Subchapter. SECTION I SUPPLEMENTAL CONDITIONS
A. Section I., B., PROMPT PAYMENT is deleted in its entirety.
B. Section I., C., TRAVEL EXPENSES is deleted in its entirety and replaced with the following: Travel must always be billed at the current approved General Service Administration (GSA) rate in effect for the service date on the invoice. Rates may be found at: xxxxx://xxx.xxx.xxx/travel-resources. Mileage rates may be found at: xxxx://xxx.xxx.xxx/mileage.
C. Section VII.III, R., LIMITATION OF DFPS NAME, SEAL OR LOGO OWNERSHIP & INTELLECTUAL PROPERTY is deleted in its entirety and replaced with the following:
1. Grantee will not use the DFPS name, seal or logo in any form or manner.
2. Grantee will not use the DFPS name, seal or logo to imply any endorsement, approval, or sponsorship of Grantee's goods or services by DFPS.
Appears in 1 contract
Samples: Grant Agreement
CERTIFICATIONS & AFFIRMATIONS. As applicable to this Contract, Grantee certifies and affirms that by entering into this Contract that these certifications and affirmations apply to Grantee, and all of Grantee's principals, officers, directors, shareholders, partners, owners, agents, employees, subgrantees, independent contractors, and any other representatives who will provide services under, who have a financial interest in, or otherwise have an interest in this Contract.
A. Grantee has not given, offered to give, and does not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract.
B. Under Texas Government Code §2155.004 (regarding the prohibition of certain financial participation by persons) and §2155.006 and §2261.053 (both relating to ability to receive this Contract, and convictions or penalties regarding Hurricane Xxxx, Hurricane Xxxxxxx or other disasters), Grantee acknowledges that it is not ineligible to receive this Contract and that this Contract will be terminated and payment withheld if this certification is found to be inaccurate.
C. Under Texas Family Code §231.006 (relating to delinquent child support), Grantee acknowledges that it is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract will be terminated and payment will be withheld if this certification is found to be inaccurate.
D. Grantee is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency under the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 CFR Part 376, and any relevant regulations promulgated by the department or agency funding this project. Grantee agrees that this provision will be included in its entirety in Grantee’s subcontracts if payment in whole or in part is from federal funds. Furthermore, Grantee acknowledges that it has not been subjected to suspension, debarment, or similar ineligibility determined by any state or local governmental entity.
E. Grantee is not listed on the federal government's terrorism watch list described in Executive Order 13224. Entities ineligible for federal procurement are listed at
F. Under Texas Government Code §669.003 (relating to contracting with the executive head of a state agency), Xxxxxxx acknowledges that it is not the executive head of DFPS, was not at any time during the past four years the executive head of DFPS and does not employ a current or former executive head of DFPS.
G. Xxxxxxx acknowledges that it is not currently delinquent in the payment of any franchise taxes owed to the State of Texas under Texas Tax Code Chapter 171.
H. Payments to Grantee and Xxxxxxx's receipt of appropriated or other funds under this Contract are not prohibited by Texas Government Code §556.005,
I. If this Contract is for services, the Grantee will comply with Texas Government Code §2155.4441 for the purchase of products and materials produced in the State of Texas. However, this §2155.4441 is not applicable to Contracts or Agreements with federal funding that further prohibits the use of geographic preferences.
J. Grantee has not violated state or federal antitrust laws and has not communicated its bid for this Contract directly or indirectly to any competitor or any other person engaged in such line of business. Grantee hereby assigns to DFPS any claims for overcharges associated with this Contract under 15 U.S.C.
K. If the Grantee is a “Company” under Texas Government Code §808.001, at the time of executing this Contract, the Grantee is verifying that it is not boycotting Israel and will not boycott Israel during the term of this Contract.
L. Under Texas Government Code §2155.0061, Grantee certifies that it is not ineligible to receive this contract and acknowledges that this contract may be terminated and payment withheld if it is found that during the five-year period preceding the date of this Contract, that the Grantee has been convicted of any offense related to the direct support or promotion of human trafficking.
M. Under Texas Government Code §2252.152, the Grantee warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization.
N. The requirements of Texas Government Code 552, Subchapter J may apply to this Contract and the Grantee agrees that this Contract can be terminated if the Grantee knowingly or intentionally fails to comply with a requirement of this Subchapter. SECTION I SUPPLEMENTAL CONDITIONS
A. Section I., B., PROMPT PAYMENT is deleted in its entirety.
B. Section I., C., TRAVEL EXPENSES is deleted in its entirety and replaced with the following: Travel must always be billed at the current approved General Service Administration (GSA) rate in effect for the service date on the invoice. Rates may be found at: xxxxx://xxx.xxx.xxx/travel-resources. Mileage rates may be found at: xxxx://xxx.xxx.xxx/mileage.
C. Section I., K., INSURANCE is supplemented to include the following: Grantee may comply with the insurance requirements by submitting a Self-Insurance Plan or an Equivalent Insurance Documentation. If there is missing information that is needed to establish that the submitted document meets DFPS minimum insurance requirements, then the document’s issuing representative will provide the information to the DFPS contract manager to satisfy this requirement. To the extent that Grantee does not have or maintain sufficient funding for its Self- Insurance Plan, Grantee acknowledges and agrees that Grantee will be solely responsible for any losses or damages related to or caused by the Grantee performing its duties and obligations under this Grant Agreement. DFPS will have no obligation to reimburse or otherwise pay Grantee for any costs incurred related to any such losses or damages.
D. Section III., B., INTELLECTUAL PROPERTY is supplemented to include the following: DFPS and Grantee will retain ownership, all rights, title, and interest in and to, their respective pre-existing Intellectual Property. A license to either Party's pre-existing Intellectual Property must be agreed to under this or another contract.
E. SECTION VII., G., FORCE MAJEURE is deleted in its entirety and replaced with the following: Except with respect to the obligation of payments under this Contract, if either of the Parties, after a good faith effort, is prevented from complying with any express or implied covenant of this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of God; any valid order, rule, or regulation of any governmental authority; pandemic; cyber security threat and/or attack; or similar events that are beyond the control of the affected Party (collectively referred to as a “Force Majeure”), then, while so prevented, the affected Party’s obligation to comply with such covenant will be suspended, and the affected Party will not be liable for damages for failure to comply with such covenant. In any such event, the Party claiming Force Majeure will promptly notify the other Party of the Force Majeure event in writing of the reason for such delay, estimated duration of the delay, and the steps taken to minimize the delay.
F. Section VII., R., LIMITATION OF DFPS NAME, SEAL OR LOGO is deleted in its entirety and replaced with the following:
1. Grantee will not use the DFPS name, seal seal, or logo in any form or manner.
2. Grantee will not use the DFPS name, seal seal, or logo to imply any endorsement, approval, or sponsorship of Grantee's goods or services by DFPS.
Appears in 1 contract
Samples: Grant Agreement
CERTIFICATIONS & AFFIRMATIONS. As applicable to this Contract, Grantee certifies and affirms that by entering into this Contract that these certifications and affirmations apply to Grantee, and all of Grantee's principals, officers, directors, shareholders, partners, owners, agents, employees, subgrantees, independent contractors, and any other representatives who will provide services under, who have a financial interest in, or otherwise have an interest in this Contract.
A. Grantee has not given, offered to give, and does not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract.
B. Under Texas Government Code §2155.004 (regarding the prohibition of certain financial participation by persons) and §2155.006 and §2261.053 (both relating to ability to receive this Contract, and convictions or penalties regarding Hurricane Xxxx, Hurricane Xxxxxxx or other disasters), Grantee acknowledges that it is not ineligible to receive this Contract and that this Contract will be terminated and payment withheld if this certification is found to be inaccurate.
C. Under Texas Family Code §231.006 (relating to delinquent child support), Grantee acknowledges that it is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract will be terminated and payment will be withheld if this certification is found to be inaccurate.
D. Grantee is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency under the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 CFR Part 376, and any relevant regulations promulgated by the department or agency funding this project. Grantee agrees that this provision will be included in its entirety in Grantee’s subcontracts if payment in whole or in part is from federal funds. Furthermore, Grantee acknowledges that it has not been subjected to suspension, debarment, or similar ineligibility determined by any state or local governmental entity.
E. Grantee is not listed on the federal government's terrorism watch list described in Executive Order 13224. Entities ineligible for federal procurement are listed atlisted
F. Under Texas Government Code §669.003 (relating to contracting with the executive head of a state agency), Xxxxxxx acknowledges that it is not the executive head of DFPS, was not at any time during the past four years the executive head of DFPS and does not employ a current or former executive head of DFPS.
G. Xxxxxxx acknowledges that it is not currently delinquent in the payment of any franchise taxes owed to the State of Texas under Texas Tax Code Chapter 171.
H. Payments to Grantee and Xxxxxxx's receipt of appropriated or other funds under this Contract are not prohibited by Texas Government Code §556.005,
I. If this Contract is for services, the Grantee will comply with Texas Government Code §2155.4441 for the purchase of products and materials produced in the State of Texas. However, this §2155.4441 is not applicable to Contracts or Agreements with federal funding that further prohibits the use of geographic preferences.
J. Grantee has not violated state or federal antitrust laws and has not communicated its bid for this Contract directly or indirectly to any competitor or any other person engaged in such line of business. Grantee hereby assigns to DFPS any claims for overcharges associated with this Contract under 15 U.S.C.
K. If the Grantee is a “Company” under Texas Government Code §808.001, at the time of executing this Contract, the Grantee is verifying that it is not boycotting Israel and will not boycott Israel during the term of this Contract.
L. Under Texas Government Code §2155.0061, Grantee certifies that it is not ineligible to receive this contract and acknowledges that this contract may be terminated and payment withheld if it is found that during the five-year period preceding the date of this Contract, that the Grantee has been convicted of any offense related to the direct support or promotion of human trafficking.
M. Under Texas Government Code §2252.152, the Grantee warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization.
N. The requirements of Texas Government Code 552, Subchapter J may apply to this Contract and the Grantee agrees that this Contract can be terminated if the Grantee knowingly or intentionally fails to comply with a requirement of this Subchapter. SECTION I SUPPLEMENTAL CONDITIONS
A. Section I.PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, B.please contact the awarding agency. Further, PROMPT PAYMENT certain Federal awarding agencies may require applicants to certify to additional assurances. If such is deleted in its entiretythe case, you will be notified.
B. Section I., C., TRAVEL EXPENSES is deleted in its entirety and replaced with the following: Travel must always be billed at the current approved General Service Administration (GSA) rate in effect for the service date on the invoice. Rates may be found at: xxxxx://xxx.xxx.xxx/travel-resources. Mileage rates may be found at: xxxx://xxx.xxx.xxx/mileage.
C. Section VII., R., LIMITATION OF DFPS NAME, SEAL OR LOGO is deleted in its entirety and replaced with the following:
1. Grantee will not use Has the DFPS namelegal authority to apply for Federal assistance and the institutional, seal or logo managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in any form or mannerthis application.
2. Grantee will not use Will give the DFPS nameawarding agency, seal or logo the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to imply any endorsementand the right to examine all records, approvalbooks, papers, or sponsorship documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of Granteepersonal or organizational conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's goods Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or services by DFPSnational origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.§§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U. S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application.
7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases.
8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
9. Will comply, as applicable, with the provisions of the Xxxxx- Xxxxx Act (40 U.S.C. §§276a to 276a-7), the Xxxxxxxx Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333), regarding labor standards for federally-assisted construction subagreements.
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the
Appears in 1 contract
Samples: Grant Contract
