2-Exhibit A - General Affirmations and Solicitation Acceptance.pdf

Exhibit A General Affirmations and Solicitation Acceptance

EXHIBIT A

CITY OF HUTTO

GENERAL AFFIRMATIONS AND SOLICITATION ACCEPTANCE

The Respondent hereby verifies its compliance with each of the following provisions, as applicable:

1. Respondent represents and warrants that all statements and information prepared and submitted in its Solicitation Response are current, complete, true, and accurate.

Submittal of false statements or the making of material misrepresentations during the performance of a contract is a material breach of contract and may void the Solicitation Response and any resulting contract.

2. Valid Entity. The Respondent hereby verifies that it is a valid entity authorized to conduct business in the State of Texas in accordance with the requirements presented in Chapter 3 of Texas Business Organizations Code.

3. Israel Boycott. The Respondent hereby verifies that it and its parent company, wholly-or majority-owned subsidiaries, and other affiliates, if any, do not boycott Israel and, to the extent this Agreement is a contract for goods or services, will not boycott Israel during the term of this Agreement. The foregoing verification is made solely to comply with Section 2271.002, Texas Government Code, and to the extent such Section does not contravene applicable State or federal law. As used in the foregoing verification, ‘boycott Israel’ means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli- controlled territory, but does not include an action made for ordinary business purposes. The Respondent understands ‘affiliate’ to mean an entity that controls, is controlled by, or is under common control with the Respondent and exists to make a profit.

4. Sudan and Iran Sanctions. The Vendor represents that neither, if applicable, it nor any of its respective parent companies, wholly- or majority-owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas Government Code, and posted on any of the following pages of such officer’s internet website: https://comptroller.texas.gov/purchasing/publications/divestment.php.

The foregoing representation is made solely to comply with Section 2252.152, Texas Government Code, and to the extent such Section does not contravene applicable Federal law and excludes the Vendor and its respective parent companies, wholly- or majority-owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. The Vendor understands “affiliate” to mean any entity that controls, is controlled by, or is under common control with the Vendor and exists to make a profit.

https://comptroller.texas.gov/purchasing/publications/divestment.php

5. Firearm Entity Boycotts. To the extent this Agreement constitutes a contract for the purchase of goods or services for which a written verification is required under Section 2274.002, Texas Government Code, (as added by Senate Bill 19, 87th Texas Legislature, Regular Session, “SB 19”), as amended, the Respondent hereby verifies that it and its parent company, wholly- or majority- owned subsidiaries, and other affiliates, if any,

(a) do not have a practice, policy, guidance or directive that discriminates against a firearm entity or firearm trade association; and

(b) will not discriminate during the term of this Agreement against a firearm entity or firearm trade association.

The foregoing verification is made solely to comply with Section 2274.002, Texas Government Code, as amended, to the extent Section 2274.002, Texas Government Code does not contravene applicable Texas or federal law. As used in the foregoing verification, “discriminate against a firearm entity or firearm trade association” shall have the meaning assigned to such term in Section 2274.001(3), Texas Government Code (as added by SB 19). The Respondent understands “affiliate” to mean an entity that controls, is controlled by, or is under common control with the Respondent and exists to make a profit.

6. Energy Company Boycotts. To the extent this Agreement constitutes a contract for goods or services for which a written verification is required under Section 2274.002, Texas Government Code, (as added by Senate Bill 13, 87th Texas Legislature, Regular Session) as amended, the Respondent hereby verifies that it and its parent company, wholly- or majority- owned subsidiaries, and other affiliates, if any, do not boycott energy companies and, will not boycott energy companies during the term of this Agreement. The foregoing verification is made solely to comply with Section 2274.002, Texas Government Code, as amended, to the extent Section 2274.002, Texas Government Code does not contravene applicable Texas or federal law. As used in the foregoing verification, “boycott energy companies” shall have the meaning assigned to the term “boycott energy company” in Section 809.001, Texas Government Code. The Respondent understands “affiliate” to mean an entity that controls, is controlled by, or is under common control with the Trustee and exists to make a profit.

7. HB 1295 Compliance. Section 2252.908 of the Texas Government Code requires that for certain types of contracts, you must fill out a conflict-of-interest form (“Disclosure of Interested Parties”) at the time you submit your signed contract to the District. For further information please go to the Texas Ethics Commission website via the following link. www.ethics.state.tx.us. The City has no obligation under this Agreement until such form is accurately completed and properly submitted, and any City obligation is conditioned on such proper completion and submission.

8. Undocumented Workers. The Respondent certifies that it does not and will not knowingly employ an undocumented worker in accordance with Chapter 2264 of the Texas Government Code, as amended. If during the term of this Agreement, the Respondent is convicted of a violation under 8 U.S.C. § 1324a(f), the Respondent shall repay the amount of the public subsidy provided under this Agreement as required by law. Pursuant to Section 2264.101, Texas Government Code, a business is not liable for a violation of http://www.ethics.state.tx.us/

Chapter 2264 by a subsidiary, affiliate, or franchisee of the business, or by a person with whom the business contracts.

9. Prohibition of Contracts with Companies Engaged in Business with Iran, Sudan, or

Foreign Terrorist Organizations. Pursuant to Section 2252.152, Texas Government Code, neither the Respondent nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of the Respondent is a company currently listed by the Texas Comptroller of Public Accounts under Section 806.051, 807.051, or

2252.153 of the Texas Government Code.

10. Sample Form 1295. Pursuant to Section 2252.908 of the Texas Government Code, Respondent must submit, to the Texas Ethics Commission via the website found at www.ethics.state.tx.us, the below-presented Form 1295. A completed version of this form must be provided to the City for incorporation into this Exhibit A to be considered complete.

Authorized Signature:

Printed Name & Title:

Date:

Phone:

Sabrina.Manning Line

Sabrina.Manning Line

Sabrina.Manning Line

Sabrina.Manning Line