Certificate of Interested Parties Clause Samples

Certificate of Interested Parties. FORM 1295 1 of 1

Certificate of Interested Parties. (Form 1295)

Certificate of Interested Parties. In connection with an amendment to this CMA, including any Change Order or Deviation, DB Contractor shall either (a) provide a certification to TxDOT certifying that there has been no change to the Interested Parties (as that term is defined in § 2252.908 of the Texas Government Code and in 1 T.A.C. § 46.3) disclosed in the most recent Form 1295, Certificate of Interested Parties (“Form 1295”) filed by DB Contractor with the Texas Ethics Commission in connection with this CMA, as required by Section 2252.908 of the Texas Government Code and Chapter 46 of Title 1 of the Texas Administrative Code (collectively, the “Form 1295 Laws”), or (b) if there has been a change to the disclosure of Interested Parties or if the value of the amendment is $1,000,000 (as such threshold may be adjusted from time to time) or greater, file a new Form 1295 with the Texas Ethics Commission as required by the Form 1295 Laws. DB Contractor shall indicate the CSJ for this CMA and the applicable Change Order, Deviation or amendment number in the fields provided on Form 1295. If DB Contractor is required to file a Form 1295 pursuant to this Section 10.4.7 in connection with any amendment, including a Change Order or Deviation, DB Contractor must submit to TxDOT an executed and notarized Form 1295 complying with the requirements of the Form 1295 Laws at the same time it submits the executed amendment, including any Change Order or Deviation, for TxDOT’s execution. TxDOT will not execute any Change Order or other amendment to this CMA until it has received either the certification or the Form 1295 as required by this Section 10.4.7, provided that DB Contractor’s filing of such certification or Form 1295 does not obligate TxDOT to execute a Change Order or any other amendment to this CMA. TxDOT will acknowledge receipt of each Form 1295 submitted by DB Contractor in relation to each amendment to the CMA Documents, including each Change Order and Deviation; however, TxDOT’s receipt of a Form 1295 shall not be construed as TxDOT’s review, approval, consent or certification as to the contents of such Form 1295, for which DB Contractor is solely responsible. Additional information regarding Form 1295 may be found at the Texas Ethics Commission website at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇▇▇.▇▇.▇▇/tec/1295-Info.htm.

Certificate of Interested Parties. Effective January 1, 2016, pursuant to House ▇▇▇▇ 1295 passed by the 84th Texas Legislature (Section 2252.908, Texas Government Code, as amended) and formal rules released by the Texas Ethics Commission (TEC), all contracts with private business entities requiring approval by the Schertz City Council will require the on-line completion of Form 1295 "Certificate of Interested Parties." Form 1295 is also required for any and all contract amendments, extensions or renewals. Contractors are required to complete and file electronically with the Texas Ethics Commission using the online filing application. Please visit the State of Texas Ethics Commission website, ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇▇▇.▇▇.▇▇/whatsnew/elf_info_form1295.htm and ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇▇▇.▇▇.▇▇/tec/1295-Info.htm for more information. IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR. EXECUTED on this the day of , 20 .

Certificate of Interested Parties. Engineer will comply with the provisions of Section 2252.908 of the Texas Government Code and Chapter 46 of the Texas Ethics Commission Rules by preparing a Texas Form 1295, “Certificate of Interested Parties” and submitting the signed and notarized form to PCCA at the time Engineer submits the signed Agreement to PCCA. A separate Form 1295 may be required for subsequent Service Orders, as required by the referenced code and rules issued thereunder.

Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, and attach the Form 1295 as Exhibit E. Form 1295 requires disclosure of “interested parties” with respect to entities that enter into contracts with cities that exceed $50,000. These interested parties include: (1) persons with a “controlling interest” in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. 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 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇▇▇.▇▇.▇▇/whatsnew/elf_info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇▇▇.▇▇.▇▇/legal/ch46.html.

Certificate of Interested Parties. House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Section 2252.908 requires the disclosure form to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity or state agency before the contract may be signed or has a value of at least $1 million. Instructions for completing Form 1295 are available at: ▇▇▇▇▇://▇▇.▇▇▇▇▇▇▇.▇▇.▇▇/departments/purchasing/vendor-information

Certificate of Interested Parties. (Form 1295) must be provided by the Selected Contractor per the Texas Legislature adoption of House ▇▇▇▇ 1295 which added section 2252.908 of the Government Code. Selected Contractor must submit the completed form prior to the City Council Meeting to award the project.

Certificate of Interested Parties. Section 2252.908 of the Texas Government Code requires the successful offeror to complete a Form 1295 “Certificate of Interested Parties” that is signed for a contract award requiring council authorization. The “Certificate of Interested Parties” form must be completed on the Texas Ethics Commission website, printed, signed, and submitted to the City by the authorized agent of the Business Entity with acknowledgment that disclosure is made under oath and under penalty of perjury prior to final contract execution. Link to Texas Ethics Commission Webpage: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇▇▇.▇▇.▇▇/whatsnew/elf_info_form1295.htm