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09-09-22
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09-09-22
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9/23/2022 1:21:53 AM
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City Meetings
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City Council
Meeting Doc Type
Agenda Packet
Date
9/12/2022
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DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 <br />Attachment C <br />GLO Contract No. 22-119-004-D374 <br />Page 1 of 9 <br />GENERAL AFFIRMATIONS <br />TO THE EXTENT APPLICABLE, Subrecipient affirms and agrees to the following, without exception: <br />1. Subrecipient represents and warrants that, in accordance with Section 2155.005 of the Texas <br />Government Code, neither Subrecipient nor the firm, corporation, partnership, or institution <br />represented by Subrecipient, or anyone acting for such a firm, corporation, partnership, or <br />institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of <br />1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or <br />(2) communicated directly or indirectly the contents of this Contract or any solicitation <br />response upon which this Contract is based to any competitor or any other person engaged in <br />the same line of business as Subrecipient.* <br />2. Subrecipient shall not assign its rights under the Contract or delegate the performance of its <br />duties under the Contract without prior written approval from the GLO. Any attempted <br />assignment or delegation in violation of this provision is void and without effect. This <br />provision does not apply to subcontracting. <br />3. If the Contract is for services, Subrecipient shall comply with Section 2155.4441 of the <br />Texas Government Code, requiring the purchase of products and materials produced in the <br />State of Texas in performing service contracts, but for contracts subject to 2 CFR 200, only <br />to the extent such compliance is consistent with 2 CFR 200.319. <br />4. Under Section 231.006 of the Family Code, the vendor or applicant [Subrecipient] certifies <br />that the individual or business entity named in this Contract, bid or application is not <br />ineligible to receive the specified grant, loan, or payment and acknowledges that this <br />Contract may be terminated and payment may be withheld if this certification is inaccurate.* <br />5. A bid or an application for a contract, grant, or loan paid from state funds must include the <br />name and social security number of the individual or sole proprietor and each partner, <br />shareholder, or owner with an ownership interest of at least 25 percent of the business entity <br />submitting the bid or application. Subrecipient certifies it has submitted this information to <br />the GLO.* <br />6. If the Contract is for a "cloud computing service" as defined by Texas Government Code <br />Section 2157.007, then pursuant to Section 2054.0593(d)-(f) of the Texas Government Code, <br />relating to cloud computing state risk and authorization management program, Subrecipient <br />represents and warrants that it complies with the requirements of the state risk and <br />authorization management program and Subrecipient agrees that throughout the term of the <br />Contract it shall maintain its certifications and comply with the program requirements in the <br />performance of the Contract. <br />7. If the Contract is for the purchase or lease of computer equipment, as defined by Texas <br />Health and Safety Code Section 361.952(2), Subrecipient certifies that it is in compliance <br />with Subchapter Y, Chapter 361 of the Texas Health and Safety Code, related to the <br />Computer Equipment Recycling Program and the Texas Commission on Environmental <br />Quality rules in Title 30 Texas Administrative Code Chapter 328. <br />8. If the Contract authorizes Subrecipient to access, transmit, use, or store data for the GLO, <br />then in accordance with Section 2054.138 of the Texas Government Code, Subrecipient <br />certifies that it will comply with the security controls required under this Contract and will <br />* This section does not apply to a contract with a "governmental entity" as defined in Texas Government Code Chapter 2251. <br />Rev. 12/9/2021 <br />
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