Common use of State Contracting Requirements Clause in Contracts

State Contracting Requirements. CHILD SUPPORT: A child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25 percent is not eligible to receive payments from state funds under an contract to provide property, materials, or services until all arrearages have been paid or the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency. The Texas Family Code requires the following statement: “Under Section 231.006, Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.” DEBTS OR DELINQUENCIES: Pursuant to Section 2252.903, Texas Government Code, Contractor agrees that any payments owing to Contractor under this Contract may be applied directly toward certain debts or delinquencies that Contractor owes the State of Texas or any agency of the State of Texas regardless of when they arise, until such debts or delinquencies are paid in full. FRANCHISE TAX CERTIFICATION: If Contractor is a taxable entity subject to the Texas Franchise Tax (Chapter 171, Texas Tax Code), then Contractor certifies that it is not currently delinquent in the payment of any franchise taxes or that Contractor is exempt from the payment of franchise taxes. COMPENSATION FOR PREPARING BID SPECIFICATIONS: A state agency may not accept a bid or award a contract that includes proposed financial participation by a person who received compensation from the agency to participate in preparing the specifications or request for proposals on which the bid or contract is based. The Texas Government Code requires the following statement: “Under Section 2155.004, Texas Government Code, the vendor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.” BUY TEXAS: With respect to all goods purchased pursuant to this Contract, Contractor represents and warrants that goods produced in Texas will be given preference if the cost and quality are equal to the goods produced outside of Texas.

State Contracting Requirements. CHILD SUPPORT: A Contractor certifies that, upon the effective date of this Contract, either Contractor (1) is not delinquent in payment of State of Texas corporate franchise taxes, or (2) is not subject to the payment of such taxes. Contractor agrees that any false statement with respect to franchise tax status shall be a material breach, and TAMUK may terminate this Contract upon written notice to Contractor. Contractor expressly acknowledges that a child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25 percent is not eligible to receive payments from state funds under an a contract to provide property, materials, or services until all arrearages have been paid or the obligor is in compliance with a written repayment agreement Contract or court order as to any existing delinquency. The Texas Family Code requires the following statement: “Under Section 231.006By executing this Contract, Texas Family Code, the vendor or applicant Contractor certifies that the individual or business entity named in this contract, bid, or application Contract is not ineligible eligible to receive payment from the specified grant, loan, or payment state and acknowledges that this contract Contract may be terminated and payment may be withheld if this certification is inaccurate.” DEBTS OR DELINQUENCIES: . Pursuant to Section 2252.903, Texas Government Code, Contractor agrees that any payments owing to Contractor under this Contract may be applied directly toward certain debts or delinquencies that Contractor owes the State of Texas or any agency of the State of Texas regardless of when they arise, until such debts or delinquencies are paid in full. FRANCHISE TAX CERTIFICATION: If Contractor is a taxable entity subject to the Texas Franchise Tax (Chapter 171, Texas Tax Code), then Contractor certifies that it is not currently delinquent in the payment of any franchise taxes or that Contractor is exempt from the payment of franchise taxes. COMPENSATION FOR PREPARING BID SPECIFICATIONS: A state agency may not accept a bid or award a contract that includes proposed financial participation by a person who received compensation from the agency to participate in preparing the specifications or request for proposals on which the bid or contract is based. The Texas Government Code requires the following statement: “Under Section 2155.004, Texas Government Code, the vendor contractor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.” BUY TEXASAs an agency of the State of Texas, TAMUK is tax exempt. Tax exemption certification will be furnished upon request. Contractor agrees that in accordance with Section 2155.4441, Texas Government Code, in performing its duties and obligations under this Contract, Contractor will purchase products and materials produced in Texas when such products and materials are available at a price and time comparable to products and materials produced outside of Texas. Public Information Act: With respect Contractor acknowledges that Texas A&M University-Kingsville is obligated to all goods purchased pursuant strictly comply with the Public Information Act, Chapter 552, Texas Government Code, in responding to any request for public information pertaining to this Contract, as well as any other disclosure of information required by applicable Texas law. Upon Texas A&M University-Kingsville’s written request, Contractor represents will provide specified public information exchanged or created under this Contract that is not otherwise excepted from disclosure under Chapter 552, Texas Government Code, to Texas A&M University-Kingsville in a non-proprietary format acceptable to Texas A&M University-Kingsville. As used in this provision, “public information” has the meaning assigned Section 552.002, Texas Government Code, but only includes information to which Texas A&M University-Kingsville has a right of access. Contractor acknowledges that Texas A&M University-Kingsville may be required to post a copy of the fully executed Contract on its Internet website in compliance with Section 2261.253(a)(1), Texas Government Code. The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this Agreement and warrants Contractor agrees that goods produced this Agreement can be terminated if Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Performance by TAMUK under this Contract may be dependent upon the appropriation and allotment of funds by the Texas State Legislature (the “Legislature”). If the Legislature fails to appropriate or allot the necessary funds, TAMUK will issue written notice to Contractor and TAMUK may terminate this Contract without further duty or obligation hereunder. Contractor acknowledges that appropriation of funds is beyond the control of TAMUK. Contractor understands that acceptance of funds under this Contract constitutes acceptance of the authority of the Texas State Auditor's Office, or any successor agency (collectively, “Auditor”), to conduct an audit or investigation in connection with those funds pursuant to Section 51.9335(c), Texas Education Code. Contractor agrees to cooperate with the Auditor in the conduct of the audit or investigation, including without limitation, providing all records requested. Contractor will include this provision in all contracts with permitted subcontractors. Contractor expressly acknowledges that TAMUK is an agency of the State of Texas and nothing in this Contract will be given preference if the cost construed as a waiver or relinquishment by TAMUK of its right to claim such exemptions, privileges, and quality are equal to the goods produced outside of Texasimmunities as may be provided by law.

State Contracting Requirements. CHILD SUPPORT: A A/E certifies that, upon the effective date of this Agreement, either Contractor (1) is not delinquent in payment of State of Texas corporate franchise taxes, or (2) is not subject to the payment of such taxes. Contractor agrees that any false statement with respect to franchise tax status shall be a material breach, and TAMUK may terminate this Agreement upon written notice to Contractor. A/E expressly acknowledges that a child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25 percent is not eligible to receive payments from state funds under an a contract to provide property, materials, or services until all arrearages have been paid or the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency. The Texas Family Code requires the following statement: “Under Section 231.006By executing this Agreement, Texas Family Code, the vendor or applicant Contractor certifies that the individual or business entity named in this contract, bid, or application Agreement is not ineligible eligible to receive payment from the specified grant, loan, or payment state and acknowledges that this contract Agreement may be terminated and payment may be withheld if this certification is inaccurate.” DEBTS OR DELINQUENCIES: . Pursuant to Section 2252.903, Texas Government Code, Contractor A/E agrees that any payments owing to Contractor A/E under this Contract Agreement may be applied directly toward certain debts or delinquencies that Contractor A/E owes the State of Texas or any agency of the State of Texas regardless of when they arise, until such debts or delinquencies are paid in full. FRANCHISE TAX CERTIFICATION: If Contractor is a taxable entity subject to the Texas Franchise Tax (Chapter 171, Texas Tax Code), then Contractor certifies that it is not currently delinquent in the payment of any franchise taxes or that Contractor is exempt from the payment of franchise taxes. COMPENSATION FOR PREPARING BID SPECIFICATIONS: A state agency may not accept a bid or award a contract that includes proposed financial participation by a person who received compensation from the agency to participate in preparing the specifications or request for proposals on which the bid or contract is based. The Texas Government Code requires the following statement: “Under Section 2155.004, Texas Government Code, the vendor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.” BUY TEXAS: With respect to all goods purchased pursuant to As an agency of the State of Texas, TAMUK is tax exempt. Tax exemption certification will be furnished upon request. A/E agrees that in accordance with Section 2155.4441, Texas Government Code, in performing its duties and obligations under this ContractAgreement, Contractor represents A/E will purchase products and warrants that goods materials produced in Texas will be given preference if the cost when such products and quality materials are equal available at a price and time comparable to the goods products and materials produced outside of Texas. A/E acknowledges that TAMUK is obligated to strictly comply with the Public Information Act, Chapter 552, Texas Government Code, in responding to any request for public information pertaining to this Agreement. Performance by TAMUK under this Agreement may be dependent upon the appropriation and allotment of funds by the Texas State Legislature (the “Legislature”). If the Legislature fails to appropriate or allot the necessary funds, TAMUK will issue written notice to A/E and TAMUK may terminate this Agreement without further duty or obligation hereunder. A/E acknowledges that appropriation of funds is beyond the control of TAMUK. A/ E understands that acceptance of funds under this Agreement constitutes acceptance of the authority of the Texas State Auditor's Office, or any successor agency (collectively, “Auditor”), to conduct an audit or investigation in connection with those funds pursuant to Section 51.9335(c), Texas Education Code. A/E agrees to cooperate with the Auditor in the conduct of the audit or investigation, including without limitation, providing all records requested. A/E will include this provision in all contracts with permitted subA/Es. A/E expressly acknowledges that TAMUK is an agency of the State of Texas and nothing in this Agreement will be construed as a waiver or relinquishment by TAMUK of its right to claim such exemptions, privileges, and immunities as may be provided by law.

State Contracting Requirements. CHILD SUPPORT: Delinquent Child Support Obligations. A child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25 percent is not eligible to receive payments from state funds under an contract agreement to provide property, materials, or services until all arrearages have been paid or the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency. The Texas Family Code requires the following statement: “Under Section 231.006, Texas Family Code, the vendor Sprout Social or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.” DEBTS OR DELINQUENCIES: Payment of Debt or Delinquency to the State. Pursuant to Section Sections 2107.008 and 2252.903, Texas Government Code, Contractor Sprout Social agrees that any payments owing to Contractor Sprout Social under this Contract Agreement may be applied directly toward certain debts or delinquencies that Contractor Sprout Social owes the State of Texas or any agency of the State of Texas regardless of when they arise, until such debts or delinquencies are paid in full. FRANCHISE TAX CERTIFICATION: If Contractor is a taxable entity subject to the Texas Franchise Tax (Chapter 171, Texas Tax Code), then Contractor certifies that it is not currently delinquent in the payment of any franchise taxes or that Contractor is exempt from the payment of franchise taxesProhibited Bids and Agreements. COMPENSATION FOR PREPARING BID SPECIFICATIONS: A state agency may not accept a bid or award a contract that includes proposed financial participation by a person who received compensation from the agency to participate in preparing the specifications or request for proposals on which the bid or contract is based. The Texas Government Code requires the following statement: “Under Section 2155.004, Texas Government Code, the vendor Sprout Social certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.” BUY TEXAS: With respect to all goods purchased Dispute Resolution. The dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by A&M System and Sprout Social to attempt to resolve any claim for breach of contract made by Sprout Social that cannot be resolved in the ordinary course of business. Sprout Social shall submit written notice of a claim of breach of contract under this Contract, Contractor represents and warrants that goods produced in Texas will be given preference if the cost and quality are equal Chapter to the goods produced outside University Contracts Officer of TexasTexas A&M University, who shall examine Sprout Social’s claim and any counterclaim and negotiate with Sprout Social in an effort to resolve the claim.