Exhibit H-Key_Contracting_Persons_Disclosure_Statement 6.11.2024.docx

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Attached to
Re-Solicitation Hoist and Trolley Replacement
Solicitation number
5510001145
Issued by
Texas

About this file

This is a Key Contracting Persons Disclosure Statement form issued by the Texas Department of Agriculture (TDA) for use in state procurement solicitations. The document establishes the framework for identifying and disclosing relationships between vendors responding to TDA solicitations and key TDA personnel who have authority in the solicitation, preparation, management, oversight, or enforcement of contracts. The form requires vendors to disclose any business relationships conducted within the 24-month period immediately prior to the solicitation deadline, or any familial relationships within the second degree of blood or marital relationship with identified key persons. The statement lists TDA's key contracting personnel across multiple divisions, including executive leadership (Commissioner, Deputy Commissioner, and Assistant Commissioners), legal and financial staff, information technology personnel, and procurement and contracting office staff.

The disclosure statement defines "doing business" as transactions exceeding $500 in the aggregate within a calendar year, including payment for personal services, property purchases, or loans, with the exception of retail transactions at publicly posted prices. The form explicitly prohibits contracting with vendors in which specified TDA officials—including the Commissioner, Deputy Commissioner, Assistant Commissioners, General Counsel, Chief Financial Officer, Procurement Director, and their family members within the second degree—have a financial interest, defined as ownership of at least one percent of the business or reasonable foresight of personal financial benefit. Vendors must attest under signature that all disclosed information is complete and accurate and commit to submitting amended disclosures should circumstances change during the solicitation or contract performance period.

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Exhibit H – Key Contracting Persons Disclosure Statement Exhibit H

KEY CONTRACTING PERSONS DISCLOSURE STATEMENT

Identification of a Key Persons relationship does not prohibit contracting but allows the Texas Department of Agriculture (TDA) to manage the contracting process with greater transparency. *

Purchase Order
Contract Number

Vendor:

KEY CONTRACTING PERSONS:

Texas Department of Agriculture policy defines “Key Persons” as those who have a reasonable expectation of participating in the solicitation, preparation, management, oversight, or enforcement of a contract. Participation is defined as having authority to make recommendations and decisions of serious import to the contracting process, whether or not that authority is exercised.

DISCLOSABLE RELATIONSHIP:

Texas Department of Agriculture defines a disclosable relationship as having done business with a Key Person within 2 calendar years prior to the deadline for responding to the agency’s solicitation, or as having a familial relationship with a Key Person.

DOING BUSINESS WITH:

For purposes of the Key Persons Disclosure a person or company responding to a formal solicitation has done business with a Key Person if within 2 years prior to the contract solicitation date, the person or company responding to the solicitation:

· Paid or received in money or valuable thing worth more than $500 in the aggregate in a calendar year, in exchange for personal services or the purchase of any property or property interest, either real or personal, either legal or equitable, or

· Loaned or received a loan of money or goods or otherwise created any legal obligation or debt with a value of more than $500 in the aggregate in a calendar year.

Any retail transaction for goods or services sold or provided to a Key Person at a posted, published, or marked price available to the public is not required to be disclosed under this Key Persons Disclosure policy.

*The agency cannot contract with a vendor if any of the following persons have a financial interest in the vendor’s business:

· Commissioner
· Deputy Commissioner
· Assistant Commissioners
· General Counsel
· Chief Financial Officer
· Procurement Director
· Procurement Staff
· A family member related to a person listed above within the second degree of blood or marital relationship.

Financial interest means a state agency employee or official who:

· owns or controls, directly or indirectly, at least 1% in the business, including the right to share in profits, proceeds, capital gains, or

· could reasonably foresee that a contract could result in a personal financial benefit.

TDA Key Persons

Position Held
Person Holding Position
Commissioner
Sid Miller
Deputy Commissioner
Terry Keel
Assistant Commissioner, Policy & External Relations
Walt Roberts
Assistant Commissioner, Trade & Business Development
Dan Hunter
Assistant Commissioner, Food & Nutrition
Lena Wilson
General Counsel
Susan Maldonado
Chief Financial Officer
Marios Parpounas
Deputy Chief Financial Officer
Patricia Molina
Chief Information Officer
Chris Bunton
Deputy Chief Information Officer
Dustin Johnson
Lead Internal Auditor
Anthony Tegbe
Lead Deputy General Counsel
Vacant
Deputy General Counsel / Ethics Officer
Susan Maldonado
Deputy General Counsel for Enforcement
David Castillo
Lead Assistant General Counsel
Susana Esparza
Assistant General Counsel
Danielle Mitchell
Assistant General Counsel
Tanya Vermeeren
Assistant General Counsel
Vacant
Assistant General Counsel
Vacant
Assistant General Counsel
Vacant
Procurement & Contracting Office Director
Lisa Maldonado
Contract Administration Manager
Tyler Rayner
Contract Administration Manager
Alfredo Aguirre
Contract Administration Manager
Vacant
Purchaser
Joselene Mora
Purchaser
Manuel Lona
Purchaser
James Kopchak
Contract Specialist
Ellen Westmoreland
HUB Marketing and Outreach Specialist
Jack Hammond
Accounting Director
Vacant

TDA Key Contracting Persons: Program Area Participants/ Procurement and Contracting

Name
Participant Role
Division

Select the response below that most accurately describes the relationship of the proposing company/team to TDA employees listed above.

☐Vendor is not doing business and has not done business during the 24-month period immediately prior to the date on which this proposal is due with any key person.
☐Vendor is doing business or has done business during the 24-month period immediately prior to the date on which this proposal is due with the following key persons and attests that these listed below are the only such key persons.
1.

2.

3.

4.

5.

These named persons will not create a conflict of interest in the solicitation or contracting processes because:

SIGNATURE AND DATE

I hereby attest that all information provided is complete and accurate to the best of my knowledge. I acknowledge my responsibility to submit promptly a new or amended disclosure statement if any of the above information changes during the course of the solicitation or contract if awarded to me or the company I represent.

Vendor Signature
Date
Printed Name
Company Represented

Exhibit H – 06/11/2024 Page 1 of 2

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