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CERTIFICATE OF INTERESTED PARTIES – FORM 1295

Definitions and Instructions for Completing Form 1295 Laredo Independent School District is required to comply with House Bill 1295, which amended the Texas Government Code by adding Section 2252.908, Disclosure of Interested Parties. Section 2252.908 prohibits Laredo Independent School District, or its cooperative members, from entering into a contract resulting from this RFP with a business entity unless the business entity submits a Disclosure of Interested Parties – Form 1295 to Laredo Independent School District at the time the business entity submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Texas Ethics Commission.

As a “business entity,” all vendors must electronically complete, print, sign, and submit Form 1295 with their proposals or contracts even if no interested parties exist.

Proposers must file Certificate of Interested Parties – Form 1295 with the Texas Ethics Commission using the following online application: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

Proposers must use the filing application on the Texas Ethics Commission’s website (see link above) to enter the required information on Form 1295.

Proposers must print a copy of the completed form, which will include a certification of filing containing a unique certification number.

The Form 1295 must be printed and then signed by an authorized agent of the business entity.

The completed Form 1295 with the certification of filing must be filed with Laredo Independent School District by including a copy of the completed form with the proposal response.

Laredo Independent School District must acknowledge the receipt of the filed Form 1295 by notifying the Texas Ethics

Commission of the receipt of the filed Form 1295 no later than the 30th day after the Laredo Independent School District receives the disclosure.

After Laredo Independent School District acknowledges the Form 1295, the Texas Ethics Commission will post the completed Form 1295 to its website within seven (7) business days after receiving notice from Laredo Independent School District.

Instructions to Vendors:

1. Read these instructions,

2. Go to the Ethics Commission Website https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm,

3. Register and complete Form 1295 online – include the proposal number, the contract/RFP name, and a short description of the services, goods, or other property.

4. Print a copy of the submitted Form 1295 - it will have a certification # in the top right corner,

5. Include a copy of the completed, signed Form 1295 with the proposal response.

Definitions:

Contract means a contract between Laredo Independent School District and/or its cooperative members and a business entity at the time it is voted on by the Laredo Independent School District or at the time it binds the Laredo Independent School District, whichever is earlier, and includes an amended, extended, or renewed contract.

Business Entity includes an entity through which business is conducted with Laredo Independent School District and/or its cooperative members, regardless of whether the entity is a for-profit or nonprofit entity. The term does not include a governmental entity or State agency.

Controlling Interest means:

1) an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds ten percent (10%);

2) membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than ten (10) members; or

3) service as an officer of a business entity that has four (4) or fewer officers, or service as one of the four (4) officers most highly compensated by a business entity that has more than four (4) officers. This section does not apply to an officer of a publicly held business entity or its wholly owned subsidiaries.

Interested Party means:

1) a person who has controlling interest in a business entity with whom Laredo Independent School District and/or its cooperative members’ contracts; or

2) an intermediary.

Intermediary: a person who actively participates in the facilitation of the contract or negotiation the contract, including a broker, advisor, attorney, or representative of or agent for the business entity who:

1) receives compensation from the business entity for the person’s participation;

2) communicates directly with the Laredo Independent School District and/or its cooperative members on behalf of the business entity regarding the contract; and

3) is not an employee of the business entity or of an entity with a controlling interest in the business entity.

Signed includes any symbol executed or adopted by a person with present intention to authenticate a writing, including an electronic signature.

Value of a contract is based on the amount of consideration received or to be received by the business entity from the Laredo Independent School District and/or its cooperative members under the contract.

Resources:

Form 1295 Frequently Asked Questions: https://www.ethics.state.tx.us/whatsnew/FAQ_Form1295.html Instructional Video – First Time Business User:

https://www.ethics.state.tx.us/filinginfo/videos/Form1295/FirstLogin-Business/Form1295Login-Business.html Instructional Video – How to Create a Certificate:

https://www.ethics.state.tx.us/filinginfo/videos/Form1295/CreateCertificate/CreateCertificate.html

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