1-ATTACHMENT NO. 1.pdf
PDF 84 KB Posted
- Solicitation number
- RFQuote 25-13
- Issued by
- Harris County, Texas
About this file
This document is Attachment No. 1 from an educational institution (likely Houston Community College or HCC) detailing a policy on Prohibited Contracts/Purchases. The policy establishes strict guidelines preventing the college from contracting with business entities that have direct or indirect financial connections to Board Members, Senior Staff Members, or their relatives within the first degree of consanguinity or affinity.
The document comprehensively defines key terms such as "business entity," "director," "officer," and "Senior Staff Member" to provide clear parameters for contract restrictions. Specific prohibitions include preventing contracts with entities that employ Board Members or Senior Staff Members in any capacity, including as subcontractors, employees, consultants, advisors, or independent contractors. The policy notably excludes publicly traded corporations, non-profit organizations, and most educational and governmental institutions from these restrictions, with the exception of private, for-profit educational institutions. Any contracts entered into in violation of this policy are subject to being voided within 30 days of notice of the violation.
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Text version
ATTACHMENT NO. 1
PROHIBITED CONTRACTS/PURCHASES
The College shall not contract with a business entity in which a Board Member, Senior Staff Member, or a relative of a Board member or Senior Staff Member within the first degree of consanguinity or affinity, has any pecuniary interest. All such contracts executed prior to June 21, 2012 shall continue to be in full force and effect.
Further, the College shall not contract with a business entity that employs, hires, or contracts with, in any capacity, including but not limited to, a subcontractor, employee, consultant, advisor, or independent contractor, a Board Member or a Senior Staff Member.
Further, the College shall not contract with a business entity that employs an officer or director who is a relative of a Board member or a Senior Staff Member within the first degree of consanguinity or affinity.
Definitions:
“Business entity” shall not include a corporation or a subsidiary or division of a corporation whose shares are listed on a national or regional stock exchange or traded in the over-the-counter market.
“Business entity” shall not include non-profit corporations or religious, educational, and governmental institutions, except that private, for-profit educational institutions are included in the definition of Business entity.
“Director” is defined as an appointed or elected member of the board of directors of a company who, with other directors, has the responsibility for determining and implementing the company’s policy, and as the company’s agent, can bind the company with valid contracts.
“Officer” is defined as a person appointed by the board of directors of a company to manage the day-to-day business of the company and carry out the policies set by the board. An officer includes, but is not limited to, a chief executive officer (CEO), president, chief operating officer (COO), chief financial officer (CFO), vice-president, or other senior company official, as determined by the Board.
“Senior Staff Member” shall have the meaning as defined in Article A, Section 3 of the Board Bylaws, which includes:
a. Any member of the Chancellor's Advisory Council;
b. HCC employees classified as E-10 and above;
c. All procurement and purchasing personnel;
d. Any employee who participates on an evaluation or selection committee for any HCC solicitation for goods or services; and
e. Any employee who participates in the evaluation of goods or services provided by a vendor or contractor.
Absent other legal requirements, all contracts entered into by the College in violation of this policy shall be voided within 30 days of notice of the violation.
I attest that I have answered the questions truthfully and to the best of my knowledge.
Signature
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