Common use of Uniform Assurances Clause in Contracts

Uniform Assurances. Performing Party assures compliance with the following uniform assurances from TxGMS, as applicable to this Contract. Other assurances from TxGMS may be included elsewhere in this Contract. 16.1.1. Performing Party represents and warrants its compliance with Texas Government Code Section 2054.5191 relating to the cybersecurity training program for local government employees who have access to a local government computer system or database. 16.1.2. Performing Party certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (▇▇▇) maintained by the General Services Administration. 16.1.3. Performing Party agrees that any payments due under the Contract shall be applied towards any debt or delinquency that is owed to the State of Texas. 16.1.4. Performing Party represents and warrants that it will comply with Texas Government Code Section 2252.906 relating to disclosure protections for certain charitable organizations, charitable trusts, and private foundations. In accordance with Texas Government Code Section 669.003, relating to contracting with the executive head of a state agency, Performing Party certifies that it is not (1) the executive head of the TCEQ, (2) a person who at any time during the four years before the date of the Contract was the executive head of the TCEQ, or (3) a person who employs a current or former executive head of the TCEQ affected by this section. 16.1.5. Performing Party acknowledges and agrees that appropriated funds may not be expended in the form of a grant to, or contract with, a unit of local government unless the terms of the grant or contract require that the funds received under the grant or contract will be expended subject to the limitations and reporting requirements similar to those provided by the following: • Parts 2 and 3 of the Texas General Appropriations Act, Art. IX, except there is no requirement for increased salaries for local government employees; • Sections 556.004, 556.005, and 556.006 of the Texas Government Code; and • Sections 2113.012 and 2113.101 of the Texas Government Code. 16.1.6. Performing Party represents and warrants that TCEQ’s payments to Performing Party and Performing Party’s receipt of appropriated or other funds under the Contract are not prohibited by Texas Government Code Section 556.0055 which restricts lobbying expenditures. 16.1.7. Performing Party represents and warrants that in the administration of the Contract, it will comply with all conflict of interest prohibitions and disclosure requirements required by applicable law, rules, and policies, including Texas Local Government Code Chapter 176. If circumstances change during the course of the contract or grant, Performing Party shall promptly notify TCEQ. 16.1.8. Performing Party represents and warrants its compliance with Chapter 551 of the Texas Government Code which requires all regular, special, or called meetings of a governmental body to be open to the public, except as otherwise provided by law. 16.1.9. Performing Party certifies that it has not received a final judicial determination finding it intentionally adopted or enforced a policy that prohibited or discouraged the enforcement of a public camping ban in an action brought by the Attorney General under Local Government Code §364.003. If Performing Party is currently being sued under the provisions of Local Government Code §364.003 or is sued under this section at any point during the duration of this grant, Performing Party must immediately disclose the lawsuit and its current posture to the TCEQ. 16.1.10. Performing Party represents and warrants that it will comply with Texas Government Code Section 321.022, which requires that suspected fraud and unlawful conduct be reported to the State Auditor’s Office.

Uniform Assurances. Performing Party The PERFORMING PARTY assures compliance with the following uniform assurances from TxGMS, as applicable to this the Contract. Other assurances from TxGMS may be included elsewhere in this Contract. 16.1.1. Performing Party 16.1.1 The PERFORMING PARTY represents and warrants its compliance with Texas Government Code Section 2054.5191 relating to the cybersecurity training program for local government employees who have access to a local government computer system or database. 16.1.2. Performing Party 16.1.2 The PERFORMING PARTY certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (▇▇▇) maintained by the General Services Administration. 16.1.3. Performing Party 16.1.3 The PERFORMING PARTY agrees that any payments due under the Contract shall be applied towards any debt or delinquency that is owed to the State of Texas. 16.1.4. Performing Party 16.1.4 The PERFORMING PARTY represents and warrants that it will comply with Texas Government Code Section 2252.906 relating to disclosure protections for certain charitable organizations, charitable trusts, and private foundations. In accordance with Texas Government Code Section 669.003, relating to contracting with the executive head of a state agency, Performing Party certifies that it is not (1) the executive head of the TCEQ, (2) a person who at any time during the four years before the date of the Contract was the executive head of the TCEQ, or (3) a person who employs a current or former executive head of the TCEQ affected by this section. 16.1.5. Performing Party 16.1.5 The PERFORMING PARTY acknowledges and agrees that appropriated funds may not be expended in the form of a grant to, or contract with, a unit of local government unless the terms of the grant or contract require that the funds received under the grant or contract will be expended subject to the limitations and reporting requirements similar to those provided by the following: • : 16.1.5.1 Parts 2 and 3 of the Texas General Appropriations Act, Art. IX, except there is no requirement for increased salaries for local government employees; • ; 16.1.5.2 Sections 556.004, 556.005, and 556.006 of the Texas Government Code; and • and 16.1.5.3 Sections 2113.012 and 2113.101 of the Texas Government Code. 16.1.6. Performing Party 16.1.6 The PERFORMING PARTY represents and warrants that TCEQ’s payments to Performing Party the PERFORMING PARTY and Performing Partythe PERFORMING PARTY’s receipt of appropriated or other funds under the Contract are not prohibited by Texas Government Code Code, Section 556.0055 which restricts lobbying expenditures. 16.1.7. Performing Party 16.1.7 The PERFORMING PARTY represents and warrants that in the administration of the Contract, it will comply with all conflict of conflict-of-interest prohibitions and disclosure requirements required by applicable law, rules, and policies, including Texas Local Government Code Chapter 176. If circumstances change during the course of the contract or grantContract, Performing Party the PERFORMING PARTY shall promptly notify TCEQ. 16.1.8. Performing Party 16.1.8 The PERFORMING PARTY represents and warrants its compliance with Chapter 551 of the Texas Government Code which requires all regular, special, or called meetings of a governmental body to be open to the public, except as otherwise provided by law. 16.1.9. Performing Party 16.1.9 The PERFORMING PARTY certifies that it has not received a final judicial determination finding it intentionally adopted or enforced a policy that prohibited or discouraged the enforcement of a public camping ban in an action brought by the Attorney General under Local Government Code §364.003. If Performing Party PERFORMING PARTY is currently being sued under the provisions of Local Government Code §364.003 or is sued under this section at any point during the duration of this grantContract, Performing Party the PERFORMING PARTY must immediately disclose the lawsuit and its current posture to the TCEQ. 16.1.10. Performing Party 16.1.10 The PERFORMING PARTY represents and warrants that it will comply with Texas Government Code Code, Section 321.022, which requires that suspected fraud and unlawful conduct be reported to the State Auditor’s Office. 16.1.11 If the PERFORMING PARTY is subject to Texas Government Code Chapter 2, Subchapter C, then it certifies that it has not received a final judicial determination finding it adopted a rule, order, ordinance, or policy under which it enforces, or allows the enforcement of, a federal statute, order, rule, or regulation that purports to regulate a firearm suppressor in violation of Texas Government Code §2.102(a) in an action brought by the Attorney General under Texas Government Code §2.104. If PERFORMING PARTY is currently being sued under Texas Government Code §2.104 or is sued under this section at any point during the duration of this grant, the PERFORMING PARTY agrees to immediately disclose the lawsuit and its posture to TCEQ.