Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOR GLO CONTRACT NO. 24-131-000-E457 ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Date of execution: 1/31/2024 Title: CEO Date of execution: 1/30/2024 Attachment A – Scope of Services and Budget Attachment B – General Affirmations Attachment C – Required Insurance
Appears in 1 contract
Sources: Services Agreement
Survival of Terms and Conditions. The terms and conditions of this Contract related relating to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; considerationproject grant; warranties; General Affirmations, Federal Assurances, and Federal Certificationsauthorized uses of GOMESA funds; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, ; general affirmations; recapture; overpayment; intellectual property; ownership and overpayment of state fundsuse; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirementsnon-endorsement; grant acknowledgment; publications; signage; books and records; inspection and audit; records retention; confidentiality; public records; insuranceindemnification; taxesinfringement; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Partiesindependent contractor relationship; compliance with laws; notices; governing choice of law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 2421-131155-000005-E457 C877 GENERAL LAND OFFICE Ducks Unlimited, Inc. ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk NameClerk/ By: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Deputy Land Commissioner Title: Chief Conservation Officer Date of execution: 3/30/2021 3/28/2021 Date of execution: ATTACHMENTS TO THIS CONTRACT: ATTACHMENT A: BUDGET AND WORK PLAN ATTACHMENT B: GENERAL AFFIRMATIONS ATTACHMENTS FOLLOW Project Name: Beneficial Use Master Plan -- Texas GLO Regions 3 and 4 Grantee: Ducks Unlimited, Inc. Contact: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Date Reporting Frequency: Monthly Frequent dredging is needed to develop and maintain Texas ship channels. The dredged material must be deposited in placement areas (PAs), and many of execution: 1/31/2024 Title: CEO Date the existing PAs along the Texas coast are nearing capacity. Resource agencies and stakeholders have long advocated using dredged material beneficially to create and restore wetlands, nourish beaches, and counteract land loss. Historically, Beneficial Use of execution: 1/30/2024 Attachment A – Scope Dredged Material (BU) projects are difficult to manage because they are multi-year, multifaceted undertakings in which different organizations manage dredging schedules, funding, project design, permitting, and construction activities. Ducks Unlimited, Inc. (DU) will use Coastal Management Program Cycle 26 Gulf of Services Mexico Energy Security Act (GOMESA) funds to work with stakeholders in Regions 3 and Budget Attachment B – General Affirmations Attachment C – Required Insurance4 to identify and prioritize potential BU restoration sites. Identified sites will be evaluated for further engineer/design and permitting efforts. DU will partner with TxDOT to provide data and guidance for the Gulf Intracoastal Water Way and associated PAs. Within Region 3, the Port of Corpus Christi Authority will partner with DU to provide the support of their Environmental and Channel Development Teams to facilitate the success of this planning effort. This engineering effort will help tee-up the highest priority sites for subsequent BU implementation via funding from various other funding programs. This effort will allow one entity to coordinate engineering, design, and permitting of the highest priority sites and will complement an ongoing coastwide BU planning effort led by DU. The project will also facilitate BU restoration projects in Regions 3 and 4. With the acceleration of BU projects along the Texas coast, there has never been a better time to strategically plan these projects. Salaries $223,775.00 Fringe $74,098.00 Travel $30,000.00 Supplies $0.00 Equipment $0.00 Contractual $399,350.00 Other $0.00 Indirect $69,433.00
1. This project must be completed as described in this work plan.
2. The GLO must approve any changes in the scope of work or budget requests that change the total project cost.
3. The CMP logo, including appropriate acknowledgment statement, must be printed on education/outreach materials, signs, final reports and/or publications.
4. Data must be shared in the appropriate manner as specified in the contract.
5. The grantee must coordinate with the GLO prior to issuing press releases, conducting media events, or otherwise engaging in media related communications for this project. DU will solicit state and federal agencies, local government entities, non-governmental organizations, port authorities, and other relevant entities to participate in three stakeholder meetings for each of the Regions. In the first meeting, DU will introduce the project, review a list of existing efforts in the Region, present suggested evaluation criteria for sites, facilitate stakeholder involvement to identify an initial list of sites, and solicit data useful in identifying suitable sites. DU will communicate with stakeholders and gather available information about the suitability of the suggested sites, scoring them based on the evaluation criteria. The second stakeholder meeting will involve a selection of up to 16 sites across Regions 3 and 4 for 10% planning and cost estimates, as well as up to 8 of those sites for 30% designs, and 5 sites for up to 60% designs and U.S. Army Corps of Engineers (USACE) permit application packages. Following site selection, DU would work on site evaluation and designs, and would report to the stakeholders on its progress. This will be the subject of the third stakeholder meeting. Finally, DU will present the stakeholders with the final report.
Appears in 1 contract
Sources: Grant Agreement
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination or expiration of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf creation of the State of Texas and/or the GLOdebts, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated Provider claims for payment but not yet paid to Providerdamages; ownershipownership and intellectual property, Intellectual Property, and copyright; records retention methods and time requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property intellectual property rights; assignment and subcontracting; relationship of the Partiesindependent contractor relationship; compliance with laws; notices; governing choice of law and venue; severability; dispute resolutionresolution according to Texas Government Code Chapter 2260; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 24▇▇-131▇▇▇-000-E457 ▇▇▇ GENERAL LAND OFFICE ATHENA CONSULTING, INC. ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇▇▇▇ ▇▇▇ . ▇▇▇▇▇▇ ▇▇▇▇▇ Deputy Land Commissioner Title: Owner/President Date of execution: 1/31/2024 Title: CEO _9/21/2017 Date of execution: 1/30/2024 Attachment 9/21/2017 ATTACHMENTS TO THIS CONTRACT: ATTACHMENT A – Scope of Services and Budget Attachment DESCRIPTION OF APPROVED SERVICES ATTACHMENT B – General Affirmations Attachment FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT C – Required InsuranceGENERAL AFFIRMATIONS ATTACHMENT D – REQUIRED INSURANCE AND FORM INCORPORATED BY REFERENCE, AS IF PHYSICALLY: RFQ X0011266-DF PROVIDER’S RESPONSE TO RFQ X0011266-DF ATTACHMENTS FOLLOW Texas General Land Office Provider shall perform comprehensive A/E services for all phases of a project involving the evaluation of abandoned and unauthorized oil and gas structures, process equipment, and pipelines in Texas waters for possible decommissioning and removal. Provider shall perform onsite analysis, make recommendations, prepare plans, and perform construction administration for removal.
Appears in 1 contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or and/or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOR GLO CONTRACT NO. 2425-131024-000-E457 E781 GOODS AND SERVICES CONTRACT ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇ Chief Clerk Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Date of execution: 1/31/2024 and Deputy Land Commissioner Title: CEO Date of execution: 1/30/2024 _1/31/2025 Date of execution: 1/31/2025 Attachment A – Scope of Services and Budget Attachment B – General Affirmations Attachment C – Required Insurance
Appears in 1 contract
Sources: Goods and Services Contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider Contractor claim for damages to the amount of funds appropriated for payment but not yet paid to ProviderContractor; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; ProviderContractor’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider Contractor or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOR GLO CONTRACT NO. 2422-131060-000-E457 D154 ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Deputy Land Commissioner Title: President Date of execution: 1/31/2024 Title: CEO 3/9/2022 Date of execution: 1/30/2024 Attachment A – Scope execution:3/8/2022 OGC TO THE EXTENT APPLICABLE, Provider affirms and agrees to the following, without exception:
1. Provider represents and warrants that, in accordance with Section 2155.005 of Services the Texas Government Code, neither Provider nor the firm, corporation, partnership, or institution represented by Provider, or anyone acting for such a firm, corporation, partnership, or institution has (1) violated any provision of the Texas Free Enterprise and Budget Attachment B – General Affirmations Attachment C – Required InsuranceAntitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or
Appears in 1 contract
Sources: Construction Services Contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; considerationinterpretation; warranties; General Affirmations, Federal Assurances, and Federal Certificationsaffirmations; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, ; intellectual property; third-party reliance; books and copyright; records retention requirementsrecords; inspection and audit; records retention period; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s 's obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rightsindemnity; assignment and subcontracting; relationship of the Partiesparties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 2422-131053-000-E457 ▇▇▇▇ ▇. ▇▇▇▇▇▇D142 GENERAL LAND OFFICE FOX INDUSTRIES, Chief Clerk NameLLC DBA FOX COMMERCIAL SERVICES Deputy Land Commissioner Title: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Sales Manager Date of execution: 1/31/2024 Title: CEO 8/31/2021 Date of execution: 1/30/2024 Attachment 8/31/2021 OGC ATTACHMENTS TO GLO CONTRACT NO. 22-053-000-D142: ATTACHMENTS FOLLOW To the extent they apply, Contractor affirms and agrees to the following, without exception:
1. Contractor represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Contractor nor the firm, corporation, partnership, or institution represented by Contractor, or anyone acting for such a firm, corporation, partnership, or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or (2) communicated directly or indirectly the contents of this Contract or any solicitation response upon which this Contract is based to any competitor or any other person engaged in the same line of business as Contractor.
2. If the Contract is for services, Contractor shall comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts.
3. Under Section 231.006 of the Family Code, the vendor or applicant [Contractor] certifies that the individual or business entity named in this Contract, bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate.
4. A – Scope bid or an application for a contract, grant, or loan paid from state funds must include the name and social security number of Services the individual or sole proprietor and Budget Attachment B – General Affirmations Attachment C – Required Insuranceeach partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application. Contractor certifies it has submitted this information to the GLO.
5. If the Contract is for the purchase or lease of computer equipment, as defined by Texas Health and Safety Code Section 361.952(2), Contractor certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code, related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in Title 30 Texas Administrative Code Chapter 328.
6. Pursuant to Section 2155.003 of the Texas Government Code, Contractor represents and warrants that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the Contract.
7. Payments due under the Contract shall be directly applied towards eliminating any debt or delinquency Contractor owes to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support, regardless of when the debt or delinquency arises. 072220MB 8. Upon request of the GLO, Contractor shall provide copies of its most recent business continuity and disaster recovery plans.
Appears in 1 contract
Sources: Construction Services Contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOR GLO CONTRACT NO. 2423-131100-000003-E457 D901 ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Deputy Land Commissioner Title: Director Of Operations & Corp Treasure Date of execution: 1/31/2024 Title: CEO _2/22/2023 Date of execution: 1/30/2024 2/22/2023 OGC Attachment A – Scope of Services and Budget Vessel Removal List Attachment B – General Affirmations Attachment C – Required InsuranceInsurance REGION 3: 8 VESSELS PRICE: DVDB # 1412 $26,250.00 DVDB # 1491 $21,700.00 DVDB # 85602 $19,500.00 DVDB # 87165 $30,800.00 DVDB # 89130 $19,400.00 DVDB # 89292 $20,500.00 DVDB # 90895 $28,500.00 DVDB # 90947 $30,800.00 REGION 3 TOTAL COST: $197,450.00 REGION 4: 3 VESSELS PRICE: DVDB #86072 $48,500.00 DVDB #87347 $24,500.00 DVDB #91121 $45,000.00 REGION 4 TOTAL COST: $118,000.00 Base time to complete the work in Region 3: 30 calendar days Base time to complete the work in Region 4: 7 calendar days GENERAL AFFIRMATIONS TO THE EXTENT APPLICABLE, Provider affirms and agrees to the following, without exception:
1. Provider represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Provider nor the firm, corporation, partnership, or institution represented by Provider, or anyone acting for such a firm, corporation, partnership, or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or
Appears in 1 contract
Sources: Services Agreement
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination or expiration of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf creation of the State of Texas and/or the GLOdebts, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated Provider claims for payment but not yet paid to Providerdamages; ownershipownership and intellectual property, Intellectual Property, and copyright; records retention methods and time requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property intellectual property rights; assignment and subcontracting; relationship of the Partiesindependent contractor relationship; compliance with laws; notices; governing choice of law and venue; severability; dispute resolutionresolution according to Texas Government Code Chapter 2260; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 24▇▇-131▇▇▇-000-E457 ▇▇▇ GENERAL LAND OFFICE ▇▇▇▇▇▇▇ ▇▇▇▇▇ INTERNATIONAL, INC. ▇▇▇▇ ▇. ▇▇▇▇▇, Chief Clerk/ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Deputy Land Commissioner Title: Associate Vice President Date of execution: 8/23/2017 Date of execution: 8/23/2017 DEPDIR DEPDIR ATTACHMENTS TO THIS CONTRACT: ATTACHMENT A – DESCRIPTION OF APPROVED SERVICES ATTACHMENT B – FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT C – GENERAL AFFIRMATIONS ATTACHMENT D – SAMPLE WORK ORDER INCORPORATED BY REFERENCE, Chief Clerk NameAS IF PHYSICALLY: RFQ X0011266-DF PROVIDER’S RESPONSE TO RFQ X0011266-DF ATTACHMENTS FOLLOW Texas General Land Office Provider shall perform environmental coordination, permitting, and monitoring services, including those related to:
a) State and federal regulatory issues and permitting;
b) Monitoring and data collection in the beach and nearshore environment, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Date , and wetland;
c) Flora, fauna, and habitats of execution: 1/31/2024 Title: CEO Date of execution: 1/30/2024 Attachment A – Scope of Services beaches, coastal marshes, and Budget Attachment B – General Affirmations Attachment C – Required Insuranceother inter‐tidal and sub‐ tidal environments; and
d) Monitoring, including any required equipment and trained personnel, for endangered or threatened species to satisfy permit conditions (e.g., monitoring for sea turtles and/or Piping Plover, Rufa Red Knot during their designated nesting season) near construction sites.
Appears in 1 contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 2421-131169-000-E457 C907 SERVICES CONTRACT GENERAL LAND OFFICE CROWDERGULF, LLC ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇-▇▇▇▇▇ Deputy Land Commissioner Title: President Date of execution: _3/3/2021 Date of execution: 3/2/2021 ATTACHED TO THIS CONTRACT: ATTACHMENT A – FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT B – GENERAL AFFIRMATIONS ATTACHMENT C – REQUIRED INSURANCE INCORPORATED BY REFERENCE: SOLICITATION SOLICITATION RESPONSE ATTACHMENTS FOLLOW GSstBB2019 ASSURANCES – NON-CONSTRUCTION PROGRAMS OMB Approval No. 4040-0007 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of the project described in this application.
2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM’s Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.§794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other non-discrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application.
7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases.
8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the ▇▇▇▇▇- ▇▇▇▇▇ Date of execution: 1/31/2024 Title: CEO Date of execution: 1/30/2024 Attachment A – Scope of Services Act (40 U.S.C. §§276a to 276a-7), the ▇▇▇▇▇▇▇▇ Act (40 U.S.C. §276c and Budget Attachment B – General Affirmations Attachment C – Required Insurance18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333) regarding labor standards for federally-assisted construction subagreements.
Appears in 1 contract
Sources: Services Agreement
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination or expiration of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf creation of the State of Texas and/or the GLOdebts, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated Provider claims for payment but not yet paid to Providerdamages; ownershipownership and intellectual property, Intellectual Property, and copyright; records retention methods and time requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property intellectual property rights; assignment and subcontracting; relationship of the Partiesindependent contractor relationship; compliance with laws; notices; governing choice of law and venue; severability; dispute resolutionresolution according to Texas Government Code Chapter 2260; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 2418-131315-000-E457 A990 GENERAL LAND OFFICE DIAMOND COASTAL AND ENVIRONMENTAL SERVICES ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: Deputy Land Commissioner Title: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇ President Date of execution: 1/31/2024 Title: CEO _5/30/2018 Date of execution: 1/30/2024 Attachment 5/29/2018 MGR DIR ATTACHMENTS TO GLO CONTRACT NO. 18-315-000-A990: ATTACHMENT A – Scope of Services and Budget Attachment PROJECT WORK PLAN AND ESTIMATE OF COSTS ATTACHMENT B – General Affirmations Attachment GENERAL AFFIRMATIONS ATTACHMENT C – Required InsuranceREVISED PROJECT SCHEDULE ATTACHMENTS FOLLOW
Appears in 1 contract
Sources: General Services Contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; considerationinterpretation; warranties; General Affirmations, Federal Assurances, and Federal Certificationsaffirmations; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, ; intellectual property; third-party reliance; books and copyright; records retention requirementsrecords; inspection and audit; records retention period; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s 's obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rightsindemnity; assignment and subcontracting; relationship of the Partiesparties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOR GLO CONTRACT NO. 2417-131330-000-E457 A332 GENERAL LAND OFFICE ▇▇▇▇-▇▇▇▇▇▇ ASSOCIATES, INC. ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇Deputy Land Commissioner Title: ▇▇▇▇▇ ▇▇▇▇▇▇ President Date of execution: _2/15/2017 Date of execution: 2/14/2017 OGC DIV DD SDD DGC ATTACHMENTS TO GLO CONTRACT NO. 17-330-000-A332: ATTACHMENT A – FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT B – GENERAL AFFIRMATIONS ATTACHMENT C – SCOPE OF WORK ATTACHMENTS INCORPORATED BY REFERENCE, AS IF PHYSICALLY ATTACHED: ATTACHMENT D – PROJECT MANUAL, INCLUDING GLO’S RFP DATED OCTOBER 12TH, 2016, AND ANY ADDENDA ATTACHMENT E – PROVIDER’S FULL RESPONSE TO THE RFP AND ANY ADDENDA ATTACHMENTS FOLLOW ▇▇▇▇-▇▇▇▇▇▇ Associates, Inc. 2/14/2017 THIS FORM MUST BE EXECUTED GENERAL AFFIRMATIONS Provider agrees without exception to the following affirmations:
1. The Provider has not given, offered to give, nor intends to give at anytime hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract.
2. Pursuant to Title 10, Section 2155.004 of the Texas Government Code, the Provider has not received compensation from the GLO for preparing any part of this Contract.
3. Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. Any Provider subject to this section must include names and Social Security numbers of each person with at least twenty-five percent (25%) ownership in the business entity named in this Contract. This information must be provided prior to execution of any offer.
4. Provider certifies that the individual or business entity named in this Contract: i) has not been subjected to suspension, debarment, or similar ineligibility to receive the specified contract as determined by any federal, state, or local governmental entity; ii) is in compliance with the State of Texas statutes and rules relating to procurement; and iii) is not listed on the federal government's terrorism watch list as described in executive order 13224. Entities ineligible for federal procurement are listed at ▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇. Provider acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.
5. Provider agrees that any payments due under this Contract will be applied towards any debt, including, but not limited to, delinquent taxes and child support that is owed to the State of Texas.
6. Provider certifies that they are in compliance with Texas Government Code, Title 6, Subtitle B, Section 669.003, relating to contracting with the executive head of a state agency. If this section applies, Provider will complete the following information in order for the bid to be evaluated: Name of Former Executive: Name of State Agency: Date of executionSeparation from State Agency: 1/31/2024 TitlePosition with Provider: CEO Date of executionEmployment with Provider: 1/30/2024 Attachment A – Scope 7. Provider agrees to comply with Texas Government Code, Title 10, Subtitle D, Section 2155.4441, relating to the purchase of Services and Budget Attachment B – General Affirmations Attachment C – Required Insuranceproducts produced in the State of Texas under service contracts.
8. Provider understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor’s Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Provider further agrees to cooperate fully with the State Auditor’s Office, or its successor, in conducting the audit or investigation, including providing all records requested. Provider will ensure that this clause is included in any subcontract it awards.
Appears in 1 contract
Sources: Environmental Services Contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination or expiration of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf creation of the State of Texas and/or the GLOdebts, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated Provider claims for payment but not yet paid to Providerdamages; ownershipownership and intellectual property, Intellectual Property, and copyright; records retention methods and time requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property intellectual property rights; assignment and subcontracting; relationship of the Partiesindependent contractor relationship; compliance with laws; notices; governing choice of law and venue; severability; dispute resolutionresolution according to Texas Government Code Chapter 2260; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 24▇▇-131▇▇▇-000-E457 ▇▇▇ GENERAL LAND OFFICE HDR ENGINEERING, INC. ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇▇▇▇ ▇▇▇ . ▇▇▇▇▇▇ ▇▇▇▇▇ Deputy Land Commissioner Title: Vice President Date of execution: 1/31/2024 Title: CEO _9/20/2017 Date of execution: 1/30/2024 Attachment 9/20/2017 ATTACHMENTS TO THIS CONTRACT: ATTACHMENT A – Scope of Services and Budget Attachment DESCRIPTION OF APPROVED SERVICES ATTACHMENT B – General Affirmations Attachment FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT C – Required InsuranceGENERAL AFFIRMATIONS ATTACHMENT D – REQUIRED INSURANCE AND FORM INCORPORATED BY REFERENCE, AS IF PHYSICALLY: RFQ X0011266-DF PROVIDER’S RESPONSE TO RFQ X0011266-DF ATTACHMENTS FOLLOW Texas General Land Office
Appears in 1 contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination or expiration of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf creation of the State of Texas and/or the GLOdebts, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated Provider claims for payment but not yet paid to Providerdamages; ownershipownership and intellectual property, Intellectual Property, and copyright; records retention methods and time requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property intellectual property rights; assignment and subcontracting; relationship of the Partiesindependent contractor relationship; compliance with laws; notices; governing choice of law and venue; severability; dispute resolutionresolution according to Texas Government Code Chapter 2260; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOR GLO CONTRACT NO. 2421-131107-000-E457 C740 TEXAS GENERAL LAND OFFICE ▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇ Deputy Land Commissioner Title: Historical Consultant Date of execution: 10/1/2020 Date of execution: 10/1/2020 ATTACHMENT A – Scope of Work ATTACHMENT B – General Affirmations The General Land Office and ATI the are currently in a multi-year master planning process for the Alamo Complex, to include the development and construction of a state-of-the-art museum and visitor center. The Alamo Complex currently has no master historical narrative of the length required for interpretation and design of exhibits in a full-size museum and visitor center. As such, Provider shall lead the Alamo Scholars Group, and collaborate with historians ▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and ▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇, alongside the GLO’s Deputy Director of Archives and Records, Mr. ▇▇▇▇ ▇▇▇▇▇▇▇, to draft such a narrative to better facilitate museum planning for the Alamo Plan in 2021. Provider shall draft and lead contributions to a master historical narrative (the “Final Narrative”) totaling approximately 10,000 words, to ultimately be utilized in the development of exhibits in a world-class museum and visitor center at the Alamo Complex. Provider’s earlier work “The Long Barrack Exhibit narrative,” completed previously as an ATI employee, shall be utilized and incorporated into the Final Narrative, to be submitted to the GLO and ATI as a complete and final draft by December 31, 2020. The new narrative work shall consist of contributions from ▇▇. ▇▇▇▇▇▇▇, as well as the contributions of the Alamo Scholars Group, as edited by ▇▇. ▇▇▇▇▇▇ Date ▇▇▇▇▇▇, ▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and Mr. ▇▇▇▇ ▇▇▇▇▇▇▇. Alamo history narrative work shall focus on incorporating new historical and archeological work done in the past 15 years since Provider completed the Long Barrack Exhibit narrative was completed in 2005, especially in the areas of execution: 1/31/2024 Title: CEO Date local San Antonio history, African American history, Tejano/Tejana history, Native American history, Rio Grande Borderlands history, and Atlantic World history (the colonizing efforts of execution: 1/30/2024 Attachment A – Scope of Services and Budget Attachment B – General Affirmations Attachment C – Required Insurancethe European colonial powers in the New World, especially Spain, France, England).
Appears in 1 contract
Sources: Services Agreement
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOR GLO CONTRACT NO. 2421-131212-000-E457 C979 SERVICES CONTRACT Name: ▇▇▇▇ ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk NameClerk/ Deputy Land Commissioner Title: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ President Date of execution: 1/31/2024 Title: CEO 5/25/2021 Date of execution: 1/30/2024 Attachment A – Scope 5/24/2021 OGC _ GSstBB2019 To the extent they apply, Provider affirms and agrees to the following, without exception:
1. Provider represents and warrants that, in accordance with Section 2155.005 of Services the Texas Government Code, neither Provider nor the firm, corporation, partnership, or institution represented by Provider, or anyone acting for such a firm, corporation, partnership, or institution has (1) violated any provision of the Texas Free Enterprise and Budget Attachment B – General Affirmations Attachment C – Required InsuranceAntitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or
Appears in 1 contract
Sources: Services Agreement
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOR GLO CONTRACT NO. 24-131057-000-E457 E115 ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Date of execution: 3/12/2024 Name: :▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Title: Vice President, Capital Sales Date of execution: 1/31/2024 Title: CEO Date of execution: 1/30/2024 3/12/2024 Attachment A – Scope of Services and Budget Attachment B – General Affirmations Attachment C – Required Insurance
Appears in 1 contract
Sources: Services Agreement
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 2420-131087-000-E457 C013 MARKETING, ADVERTISING, AND MEDIA BUYING SERVICES CONTRACT GENERAL LAND OFFICE KALYPSO MANAGEMENT, INC. ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Deputy Land Commissioner Title: Secretary Date of execution: 1/31/2024 Title: CEO _2/21/2020 Date of execution: 1/30/2024 Attachment 2/19/2020 ATTACHED TO THIS CONTRACT: ATTACHMENT A – Scope of Services and Budget Attachment B – General Affirmations Attachment ATTACHMENT B – GLO/VLB Media Flowchart ATTACHMENT C – Project Budget ATTACHMENT D – Required InsuranceInsurance and Form ATTACHMENT E – GLO Information Security Appendix INCORPORATED BY REFERENCE: SOLICITATION SOLICITATION RESPONSE ATTACHMENTS FOLLOW GSstBB2019 To the extent they apply, Provider affirms and agrees to the following, without exception:
1. Provider represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Provider nor the firm, corporation, partnership, or institution represented by Provider, or anyone acting for such a firm, corporation, partnership, or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or
Appears in 1 contract
Sources: Marketing, Advertising, and Media Buying Services Contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; considerationinterpretation; warranties; General Affirmations, Federal Assurances, and Federal Certificationsaffirmations; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, ; intellectual property; third-party reliance; books and copyright; records retention requirementsrecords; inspection and audit; records retention period; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s 's obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rightsindemnity; assignment and subcontracting; relationship of the Partiesparties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 2419-131142-000-E457 B483 GENERAL LAND OFFICE ▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇-▇▇▇▇ APPRAISAL, LTD. ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: Deputy Land Commissioner Title: ▇▇▇▇▇▇▇ ▇▇. ▇▇▇▇ ▇▇▇▇▇ Partner Date of execution: 1/31/2024 Title: CEO _11/8/2018 Date of execution: 1/30/2024 Attachment 11/7/2018 ATTACHMENTS TO THIS CONTRACT: ATTACHMENT A – Scope of Services and Budget Attachment GENERAL AFFIRMATIONS ATTACHMENT B – General Affirmations Attachment C – Required InsuranceREQUIRED INSURANCE AND FORM ATTACHMENTS FOLLOW
Appears in 1 contract
Sources: Appraisal Services Contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; Work Orders; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. survive SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 24▇▇-131▇▇▇-000-E457 ▇▇▇ SERVICES CONTRACT GENERAL LAND OFFICE ▇▇▇▇ ▇▇▇▇▇▇▇ & COMPANY ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇▇Deputy Land Commissioner Title: ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ President Date of execution: 1/31/2024 Title: CEO _11/18/2019 Date of execution: 1/30/2024 Attachment 11/18/2019 OGC ATTACHED TO THIS CONTRACT: ATTACHMENT A – Scope of Services and Budget Attachment B – General Affirmations Attachment C – Required InsuranceINCORPORATED BY REFERENCE: SOLICITATION SOLICITATION RESPONSE ATTACHMENTS FOLLOW GSstBB2019 Provider affirms and agrees to the following provisions: 1. Provider represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Provider; the firm, corporation, partnership, or institution represented by Provider; nor anyone acting for such a firm, corporation, partnership, or institution has (a) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983—Chapter 15 of the Texas Business and Commerce Code—or the federal antitrust laws or (b) directly or indirectly communicated the contents of the Contract or any solicitation response upon which the Contract is based to any competitor or any other person engaged in the same line of business as Provider.
Appears in 1 contract
Sources: Appraisal Services Contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOR GLO CONTRACT NO. 2425-131061-000-E457 E882 ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk ▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Chief Clerk and Deputy Land Commissioner Title: Co-Managing Partner Date of execution: 1/31/2024 Title: CEO _11/26/2024 Date of execution: 1/30/2024 11/26/2024 Attachment A – Scope Description of Services and Budget Attachment B – General Affirmations Provider’s Hourly Rates Attachment C – Required InsuranceGeneral Affirmations Provider shall perform legal counsel services requested by the GLO concerning the following matters:
1. Advice and counsel on GLO construction projects, including but not limited to matters involving construction project procurement, insurance for construction projects, construction contracts, and construction dispute resolution.
2. Duties related to issues as may be assigned from time-to-time. ---- Law Clerk $220.00 ---- Contracts Administrator (non-attorney) $220.00 GENERAL AFFIRMATIONS TO THE EXTENT APPLICABLE, Provider affirms and agrees to the following, without exception:
1. Provider represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Provider nor the firm, corporation, partnership, or institution represented by Provider, or anyone acting for such a firm, corporation, partnership, or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or
Appears in 1 contract
Sources: Outside Counsel Contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination or expiration of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf creation of the State of Texas and/or the GLOdebts, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated Provider claims for payment but not yet paid to Providerdamages; ownershipownership and intellectual property, Intellectual Property, and copyright; records retention methods and time requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property intellectual property rights; assignment and subcontracting; relationship of the Partiesindependent contractor relationship; compliance with laws; notices; governing choice of law and venue; severability; dispute resolutionresolution according to Texas Government Code Chapter 2260; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 24▇▇-131▇▇▇-000-E457 ▇▇▇ GENERAL LAND OFFICE APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC. ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Lindino Benedet Deputy Land Commissioner Title: Director Date of execution: 1/31/2024 Title: CEO 8/25/2017 Date of execution: 1/30/2024 Attachment 8/25/2017 DEPDIR DEPDIR ATTACHMENTS TO THIS CONTRACT: ATTACHMENT A – Scope of Services and Budget Attachment DESCRIPTION OF APPROVED SERVICES ATTACHMENT B – General Affirmations Attachment FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT C – Required InsuranceGENERAL AFFIRMATIONS ATTACHMENT D – SAMPLE WORK ORDER INCORPORATED BY REFERENCE, AS IF PHYSICALLY: RFQ X0011266-DF PROVIDER’S RESPONSE TO RFQ X0011266-DF ATTACHMENTS FOLLOW Texas General Land Office
Appears in 1 contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; Work Orders; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. survive SIGNATURE PAGE FOR GLO CONTRACT NO. 24▇▇-131▇▇▇-000-E457 ▇▇▇ ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇▇Deputy Land Commissioner Title: ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Managing Director Date of execution: 1/31/2024 Title: CEO 11/19/2019 Date of execution: 1/30/2024 Attachment A – Scope 11/19/2019 GSstBB2019 Provider affirms and agrees to the following provisions: 1. Provider represents and warrants that, in accordance with Section 2155.005 of Services the Texas Government Code, neither Provider; the firm, corporation, partnership, or institution represented by Provider; nor anyone acting for such a firm, corporation, partnership, or institution has (a) violated any provision of the Texas Free Enterprise and Budget Attachment B – General Affirmations Attachment C – Required InsuranceAntitrust Act of 1983—Chapter 15 of the Texas Business and Commerce Code—or the federal antitrust laws or (b) directly or indirectly communicated the contents of the Contract or any solicitation response upon which the Contract is based to any competitor or any other person engaged in the same line of business as Provider.
Appears in 1 contract
Sources: Appraisal Services Contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 2420-131067-000-E457 B948 GENERAL LAND OFFICE ▇▇▇▇▇▇▇ CONSTRUCTION COMPANY, INC. ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Deputy Land Commissioner Title: President Date of execution: 1/31/2024 Title: CEO 8/31/2020 Date of execution: 1/30/2024 Attachment 8/31/2020 ATTACHED TO THIS CONTRACT: ATTACHMENT A – Scope of Services and Budget Attachment B – General Affirmations Attachment C ATTACHMENT B – Required InsuranceInsurance INCORPORATED BY REFERENCE: SOLICITATION SOLICITATION RESPONSE ATTACHMENTS FOLLOW To the extent they apply, Provider affirms and agrees to the following, without exception:
1. Provider represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Provider nor the firm, corporation, partnership, or institution represented by Provider, or anyone acting for such a firm, corporation, partnership, or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or
Appears in 1 contract
Sources: General Services Contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Contract Provisions Required Under 2 CFR 200, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLOBoard, recapture of state funds, and overpayment of state funds; limitation of any Provider Contractor claim for damages to the amount of funds appropriated for payment but not yet paid to ProviderContractor; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; ProviderContractor’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider Contractor or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOR GLO CONTRACT NO. 24-131007-000-E457 D908 ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Chief Clerk Title: president Date of execution: 1/31/2024 Title: CEO _11/3/2023 Date of execution: 1/30/2024 Attachment A – Scope of Services and Budget 11/1/2023 OGC Attachment B – General Affirmations Required Performance and Payment Bonds Attachment C –Federal Contract Provisions Required Under 2 CFR 200 Attachment D – Required InsuranceFederal Assurances and Federal Certifications
Appears in 1 contract
Sources: Construction Services Contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications,; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; Job Orders; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOR GLO CONTRACT NO. 24▇▇-131▇▇▇-000-E457 ▇▇▇ ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇Deputy Land Commissioner Title: ▇▇▇▇▇ ▇▇▇▇▇▇ ▇President Date of execution: 5/4/2020 Date of execution: 5/4/2020 OGC GSstBB2019 Scope of Work for the Alamo Preservation Project Provider shall perform services that may include, but not be limited to:
a. Logistics planning and on-site support of the historic preservation team, including providing access via lift, scaffold and other means as necessary.
b. Cost estimating
c. Site work: Utilities Storm water / drainage systems Paving Landscaping
d. General construction: Protection and fencing Selective removal of materials Concrete repairs Waterproofing / damp-proofing Roofing repairs Miscellaneous repairs
e. Specialty masonry work associated with: Protection Sampling Probing Cleaning Support for Conservation Services
f. Environmental Testing The GLO will issue specific Job Orders for defined scopes of work under the Contract, on an as needed basis. Each Job Order scope will outline specific work to be done including a schedule and budget for each Job Order. Job Orders greater than $25,000.00 and involving subcontractors will require a Payment Bond. Job Orders over $100,000.00 will incorporate the UGCs and all requirements for bonds, insurance, HUB plans and reporting, etc. Payments will be made per Job Order subject to a cumulative amount not to exceed $10,000,000.00 unless amended in accordance with the Contract. The duration of this Contract will be August 31, 2022 unless amended in accordance with the Contract. ▇▇▇▇ Date Constructors will submit a letter of execution: 1/31/2024 Title: CEO Date acceptance of execution: 1/30/2024 Attachment A – Scope this scope along with a list of Services proposed subcontractors and Budget Attachment B – General Affirmations Attachment C – Required Insurancetheir qualifications.
Appears in 1 contract
Sources: Construction Services Contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLOBoard, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 2422-131021-000-E457 D036 OUTSIDE COUNSEL SERVICES CONTRACT GENERAL LAND OFFICE HUSCH ▇▇▇▇▇▇▇▇▇ LLP VETERANS LAND BOARD ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Deputy Land Commissioner Title: Executive Secretary, VLB Partner Date of execution: _7/27/2021 Date of execution: 7/26/2021 OGC ATTACHED TO THIS CONTRACT: ATTACHMENT A – Description of Legal Services to be Rendered ATTACHMENT B – Billing Rate Schedule ATTACHMENT C – General Affirmations ATTACHMENT D – Business Associate Agreement Provider shall provide legal advice to the Board on certain healthcare regulatory matters and shall prepare any and all Deliverables in the time and manner that may be requested by the Board. Partner *Board Certified, Health Law Provider has represented to the Board that its fees are based on the amount of time Provider devotes to the Project. The following attorneys will be providing services for the Project at the following hourly rates:
1) ▇▇▇▇▇▇ Date of execution: 1/31/2024 Title: CEO Date of execution: 1/30/2024 Attachment A – Scope of Services and Budget Attachment B – General Affirmations Attachment C – Required Insurance▇. ▇▇▇▇▇▇, Partner - $635.00 (Responsible Attorney) 2) ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ - $550.00
Appears in 1 contract
Sources: Outside Counsel Services Contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOR GLO CONTRACT NO. 2423-131100-000001-E457 D899 Name: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk NameClerk/ Deputy Land Commissioner Title: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Date of execution: 1/31/2024 Title: CEO 2/24/2023 Date of execution: 1/30/2024 2/24/2023 Attachment A – Scope of Services and Budget Vessel Removal List Attachment B – General Affirmations Attachment C – Required InsuranceInsurance REGION 1: 3 VESSELS PRICE: DVDB # 87875 $41,431.00 DVDB # 85572 $39,079.00 DVDB # 91100 $11,813.00 REGION 1 TOTAL COST: $92,323.00 Base time to complete the work in Region 1: 45 calendar days GENERAL AFFIRMATIONS TO THE EXTENT APPLICABLE, Provider affirms and agrees to the following, without exception:
1. Provider represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Provider nor the firm, corporation, partnership, or institution represented by Provider, or anyone acting for such a firm, corporation, partnership, or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or
Appears in 1 contract
Sources: Services Contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; Work Orders; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. survive SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 24▇▇-131▇▇▇-000-E457 ▇▇▇ SERVICES CONTRACT GENERAL LAND OFFICE NATIONAL VALUATION GROUP, INC. Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk NameClerk/ Deputy Land Commissioner Title: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Partner Date of execution: 1/31/2024 Title: CEO 11/18/2019 Date of executionexecution:11/15/2019 OGC ATTACHED TO THIS CONTRACT: 1/30/2024 Attachment ATTACHMENT A – Scope of Services and Budget Attachment B – General Affirmations Attachment C – Required InsuranceINCORPORATED BY REFERENCE: SOLICITATION SOLICITATION RESPONSE ATTACHMENTS FOLLOW GSstBB2019 Provider affirms and agrees to the following provisions: 1. Provider represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Provider; the firm, corporation, partnership, or institution represented by Provider; nor anyone acting for such a firm, corporation, partnership, or institution has (a) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983—Chapter 15 of the Texas Business and Commerce Code—or the federal antitrust laws or (b) directly or indirectly communicated the contents of the Contract or any solicitation response upon which the Contract is based to any competitor or any other person engaged in the same line of business as Provider.
Appears in 1 contract
Sources: Appraisal Services Contract
Survival of Terms and Conditions. The terms and conditions of this Contract related relating to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; considerationproject grant; warranties; General Affirmations, Federal Assurances, and Federal Certificationsauthorized uses of GOMESA funds; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, ; general affirmations; recapture; overpayment; intellectual property; ownership and overpayment of state fundsuse; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirementsnon-endorsement; grant acknowledgment; publications; signage; books and records; inspection and audit; records retention; confidentiality; public records; insuranceindemnification; taxesinfringement; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Partiesindependent contractor relationship; compliance with laws; notices; governing choice of law and venue; severability; dispute resolution; merger and integration; invoice entire contract and fee verification; property rights; default; and amendmentmodifications. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOR GLO CONTRACT NO. 2423-131078-000005-E457 D852 GENERAL LAND OFFICE DUCKS UNLIMITED, INC. ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk NameClerk/ By: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Deputy Land Commissioner Title: Chief Conservation Officer Date of execution: 7/20/2023 Date of execution: 7/19/2023 Subrecipient: Ducks Unlimited, Inc. Reporting Frequency: Monthly Contact: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Date Frequent dredging is needed to develop and maintain Texas ship channels. Dredging, particularly in Corpus Christi Bay and along the Gulf Intracoastal Waterway (GIWW), can supply sediment for beneficial placement that will provide for coastal resiliency projects including to restore wetlands, nourish beaches, and counteract land loss. Ducks Unlimited, Inc. (“DU” or “Grantee”) had a Cycle 26 Project of executionSpecial Merit (PSM) awarded by the Texas General Land Office (GLO) that was Phase 1 of this Beneficial Dredge Use Master Plan project. DU worked closely with state, federal, and local government entities as well as non-governmental organizations and other stakeholders to identify priority sites for beneficial use of dredged material (BUDM). Priority sites included waterbird rookery islands, coastal emergent ▇▇▇▇▇, and beach nourishment. DU developed 30% designs for eight priority sites (plus an additional three sites through financial support from the Port of Corpus Christi Authority (PCCA)) and developed 60% designs for five priority sites (plus an additional two sites through financial support from PPCA). DU has also completed USACE permit application packages for the five priority sites (and two PCCA-funded sites) as part of the Phase 1 PSM. DU will use Cycle 28 Coastal Management Program Gulf of Mexico Energy Security Act (GOMESA) funds awarded as this Project of Special Merit to directly build upon the Phase I effort and advance two priority sites—Causeway Bird Island (rookery island construction) and PA9-S (▇▇▇▇▇ creation)—from 60% to 90% project designs. DU will oversee a subgrantee as they complete geotechnical analysis, magnetometer surveys (if necessary), revisions to engineering and permit packages, and permit application submittal for both sites. DU will submit permit applications to USACE with the intent to complete the USACE regulatory process for full permit approval, contingent upon regulatory feedback and approval from USACE during the grant period. DU will also oversee completion of coastal boundary survey(s) and GLO submerged lands lease(s) as necessary for both sites. DU will engage with appropriate stakeholders (PCCA, GLO, Coastal Bend Bays and Estuaries Program etc.) to provide input and review of the 90% project designs. With the ongoing acceleration of dredging projects as well as restoration needs along the coast, there has never been a better time to strategically plan and provide for implementation of BUDM projects. This engineering effort will help prepare the highest priority BUDM sites for subsequent, expeditious implementation via funding from other programs in the future. The project will directly build on DU’s Cycle 26 Project of Special Merit and complement the ongoing coastwide BU planning effort led by DU. Salaries $75,000.00 Fringe 0.00 Travel 0.00 Supplies 0.00 Equipment 0.00 Contractual $769,303.00 Other 0.00 Subtotal: 1/31/2024 Title$844,303.00 Indirect 16,950.00 Total: CEO Date $861,253.00
1. Grantee must complete this project as described in this Work Plan.
2. Grantee will perform, or cause its Subcontractors or Sub-grantees to perform, the tasks described herein. Grantee is solely responsible for the performance of execution: 1/30/2024 Attachment A – Scope the Contract and must ensure all tasks described herein and, in the Contract, including those completed by or attributed to a Subcontractor or a Sub-grantee, are completed in accordance with all applicable specifications, standards, and requirements set out in the Contract and this Work Plan.
3. The GLO must approve any changes in the scope of Services work or budget requests that change the total Project cost.
4. Grantee must ensure the CMP and Budget Attachment B – General Affirmations Attachment C – Required InsuranceGLO logos, including appropriate acknowledgment statement, are printed on education/outreach materials, signs, final reports and/or publications, and other applicable materials.
5. Grantee must share data in the appropriate manner as specified in the Contract.
6. Grantee must coordinate and obtain approvals from the GLO prior to issuing press releases, conducting media events, or otherwise engaging in media-related communications for this Project.
7. ▇▇▇▇▇▇▇ will work to resolve any questions or concerns from the GLO project manager throughout this Project.
Appears in 1 contract
Sources: Gomesa Grant Agreement
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider Contractor claim for damages to the amount of funds appropriated for payment but not yet paid to ProviderContractor; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; ProviderContractor’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider Contractor or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOR GLO CONTRACT NO. 2425-131014-000-E457 E621 ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk ▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Chief Clerk and Deputy Land Commissioner Title: Vice President Date of execution: 1/31/2024 Title: CEO 1/12/2025 Date of execution: 1/30/2024 Attachment A – Scope of Services and Budget Attachment B – General Affirmations Attachment C – Required Insurance1/12/2025 OGC PM MGR DIR DD SDD DGC GC DCC
Appears in 1 contract
Sources: Construction Services Contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination or expiration of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf creation of the State of Texas and/or the GLOdebts, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated Provider claims for payment but not yet paid to Providerdamages; ownershipownership and intellectual property, Intellectual Property, and copyright; records retention methods and time requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property intellectual property rights; assignment and subcontracting; relationship of the Partiesindependent contractor relationship; compliance with laws; notices; governing choice of law and venue; severability; dispute resolutionresolution according to Texas Government Code Chapter 2260; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 24▇▇-131▇▇▇-000-E457 ▇▇▇ GENERAL LAND OFFICE FORD, ▇▇▇▇▇▇ & ▇▇▇▇▇▇ ARCHITECTS AND PLANNERS, INC. ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Deputy Land Commissioner Title: Vice President, Secretary Date of execution: 1/31/2024 Title: CEO 8/28/2017 Date of execution: 1/30/2024 Attachment 8/28/2017 DEPDIR DEPDIR ATTACHMENTS TO THIS CONTRACT: ATTACHMENT A – Scope of Services and Budget Attachment DESCRIPTION OF APPROVED SERVICES ATTACHMENT B – General Affirmations Attachment FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT C – Required InsuranceGENERAL AFFIRMATIONS ATTACHMENT D – SAMPLE WORK ORDER INCORPORATED BY REFERENCE, AS IF PHYSICALLY: RFQ X0011266-DF PROVIDER’S RESPONSE TO RFQ X0011266-DF ATTACHMENTS FOLLOW Texas General Land Office Provider shall perform code analysis and make recommendations during any phases of a project involving a historic building. Provider shall perform on-site analysis including testing, make recommendations, prepare plans, and perform construction administration.
Appears in 1 contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOR GLO CONTRACT NO. 24-131189-000-E457 E720 ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk ▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Chief Clerk Title: Owner Date of execution: 6/28/2024 Date of execution: 6/28/2024 Attachment A – Description of Services Attachment B – Provider’s Hourly Rates Attachment C – General Affirmations ATTORNEYS AND COUNSELORS AT LAW Office of General Counsel Texas General Land Office ▇▇▇▇ ▇▇▇▇▇▇▇▇ Date ▇▇▇. Austin, Texas 78701-1495 Attention: ▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇ Dear ▇▇. ▇▇▇▇▇▇: Re: Legal Services Agreement ▇▇▇▇▇▇▇▇ Ranch Acquisition Brewster County, Texas Our File No. 1694-01100 Pursuant to your email dated June 18, 2024, enclosed find a copy of executiona completed W-9, IRS Form SS-4 assigning the EIN to ▇▇▇▇▇▇ Law Group PLLC (the “firm”), and a rate schedule for attorneys and paralegals of the firm. The legal services agreement will be signed by ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, President of ▇▇▇▇▇▇ Law Firm PLLC. This letter shall serve as confirmation that the estimated cost of services, for the surface estate title review and the related title opinions, will likely fall between $600,000-$750,000, subject to any decrease or increase in costs due to the complexity of the record title to the 353,000 acres of land, more or less (“▇▇▇▇▇▇▇▇ Ranch”). The firm has been advised that the contract for sale of the ▇▇▇▇▇▇▇▇ Ranch will include a 60 day due diligence period and a 30 day closing period. Based on this information, the title process and preparation of the title opinions will generally follow summary set forth below:
A. The initial period of the project will be a collection of any and all data the Texas General Land Office (“GLO”) may have regarding the lands comprising the ▇▇▇▇▇▇▇▇ Ranch, including, but not limited to, GLO records regarding the awards of land by the state, reviewing copies of all sales contracts determine the level of due diligence, and the assignment of research activities required to collect the necessary record title necessary to prepare title opinions.
B. The firm will use a contract landmen group, ▇▇▇▇▇ ▇. ▇▇▇▇▇, Inc., to conduct a review of the Official Public Records of Brewster County, Texas, regarding record title to the lands comprising ▇▇▇▇▇▇▇▇ Ranch, and a review of the records of the GLO regarding the mineral classification of the various tracts of land comprising the ▇▇▇▇▇▇▇▇ Ranch regarding current ownership, liens, and other encumbrances. The land group will prepare title runsheets of the record title to the lands comprising ▇▇▇▇▇▇▇▇ Ranch and will provided a surface ownership report. In addition, the land group will review the ▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇, ▇▇▇▇▇ ▇▇▇ Telephone: 1/31/2024 Title▇▇▇-▇▇▇-▇▇▇▇ Houston, Texas 77027-9761 Facsimile: CEO Date 713-877-8255 June 19, 2024 records of executionthe County Tax Assessor-Collector of Brewster County, Texas, to determine the status of ad valorem taxes, and prepare the necessary plats of the ▇▇▇▇▇▇▇▇ Ranch to assist in the preparation of the title opinions. In conjunction with the surface estate title review, all mineral severances will be noted for further examination at the request of the GLO.
C. At such time as the firm receives the record title runsheets and accompanying materials and documents (“Materials Examined”), a title examination will be conducted of the Materials Examined as to each tract of land comprising ▇▇▇▇▇▇▇▇ Ranch, subject to other instructions of the GLO with respect to quantifying the tracts of land to be examined. The examination will be conducted of record title as the Materials Examined become available.
D. Following the review of the Materials Examined, the firm will prepare surface title opinions covering all tracts comprising ▇▇▇▇▇▇▇▇ Ranch, subject to instructions of the GLO, and if necessary, provide a schedule of title defects the firm recommends to be cured prior to closing.
E. Subject to the form of the contract of sale entered into by the seller and the GLO, additional activities may be required to satisfy the terms of such agreement. Should you have any questions regarding the revisions discussed above, do not hesitate to contact the undersigned. Very truly yours, ▇▇▇▇▇▇ LAW GROUP PLLC ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, for the Firm 1680-0703 Spitfire, et al., Assignments PRIVILEGED AND CONFIDENTIAL ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ $300 Senior Attorneys: 1/30/2024 Attachment A – Scope $250 - $275 Junior Attorneys: $165 - $180 Associate Attorneys: $150 - $160 Paralegals: $75 - $100 Law Clerks: $50 ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ $400 Senior Attorneys: $300 - $325 Junior Attorneys: $175 - $190 Associate Attorneys: $150 - $160 ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ $500 Senior Attorney: $350 - $375 Junior Attorneys: $210 - $230 Associate Attorneys: $190 - $200 GENERAL AFFIRMATIONS TO THE EXTENT APPLICABLE, Provider affirms and agrees to the following, without exception:
1. Provider represents and warrants that, in accordance with Section 2155.005 of Services the Texas Government Code, neither Provider nor the firm, corporation, partnership, or institution represented by Provider, or anyone acting for such a firm, corporation, partnership, or institution has (1) violated any provision of the Texas Free Enterprise and Budget Attachment B – General Affirmations Attachment C – Required InsuranceAntitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or
Appears in 1 contract
Sources: Outside Counsel Contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination or expiration of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf creation of the State of Texas and/or the GLOdebts, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated Provider claims for payment but not yet paid to Providerdamages; ownershipownership and intellectual property, Intellectual Property, and copyright; records retention methods and time requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property intellectual property rights; assignment and subcontracting; relationship of the Partiesindependent contractor relationship; compliance with laws; notices; governing choice of law and venue; severability; dispute resolutionresolution according to Texas Government Code Chapter 2260; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 24▇▇-131▇▇▇-000-E457 ▇▇▇ GENERAL LAND OFFICE SWCA, INC. ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇ Deputy Land Commissioner Title: Vice President Date of execution: 8/24/2017 Date of execution: 8/24/2017 DEPDIR DEPDIR ATTACHMENTS TO THIS CONTRACT: ATTACHMENT A – DESCRIPTION OF APPROVED SERVICES ATTACHMENT B – FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT C – GENERAL AFFIRMATIONS ATTACHMENT D – SAMPLE WORK ORDER INCORPORATED BY REFERENCE, AS IF PHYSICALLY: RFQ X0011266-DF PROVIDER’S RESPONSE TO RFQ X0011266-DF ATTACHMENTS FOLLOW Texas General Land Office Provider shall perform environmental coordination, permitting, and monitoring services, including those related to:
a) State and federal regulatory issues and permitting;
b) Monitoring and data collection in the beach and nearshore environment, ▇▇▇▇▇ Date ▇, and wetland;
c) Flora, fauna, and habitats of execution: 1/31/2024 Title: CEO Date of execution: 1/30/2024 Attachment A – Scope of Services beaches, coastal marshes, and Budget Attachment B – General Affirmations Attachment C – Required Insuranceother inter‐tidal and sub‐ tidal environments; and
d) Monitoring, including any required equipment and trained personnel, for endangered or threatened species to satisfy permit conditions (e.g., monitoring for sea turtles and/or Piping Plover, Rufa Red Knot during their designated nesting season) near construction sites.
Appears in 1 contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; Work Orders; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. survive SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 24▇▇-131▇▇▇-000-E457 ▇▇▇ SERVICES CONTRACT GENERAL LAND OFFICE ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, INC. DBA VALBRIDGE PROPERTY ADVISORS ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇▇Deputy Land Commissioner Title: ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Managing Director Date of execution: 1/31/2024 Title: CEO 11/19/2019 Date of execution: 1/30/2024 Attachment 11/19/2019 ATTACHED TO THIS CONTRACT: ATTACHMENT A – Scope of Services and Budget Attachment B – General Affirmations Attachment C – Required InsuranceINCORPORATED BY REFERENCE: SOLICITATION SOLICITATION RESPONSE ATTACHMENTS FOLLOW GSstBB2019 Provider affirms and agrees to the following provisions: 1. Provider represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Provider; the firm, corporation, partnership, or institution represented by Provider; nor anyone acting for such a firm, corporation, partnership, or institution has (a) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983—Chapter 15 of the Texas Business and Commerce Code—or the federal antitrust laws or (b) directly or indirectly communicated the contents of the Contract or any solicitation response upon which the Contract is based to any competitor or any other person engaged in the same line of business as Provider.
Appears in 1 contract
Sources: Appraisal Services Contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; considerationinterpretation; warranties; General Affirmations, Federal Assurances, and Federal Certificationsaffirmations; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, ; intellectual property; third-party reliance; books and copyright; records retention requirementsrecords; inspection and audit; records retention period; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s 's obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rightsindemnity; assignment and subcontracting; relationship of the Partiesparties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOR GLO CONTRACT NO. 2418-131100-000-E457 A635 GENERAL LAND OFFICE MPACT STRATEGIC CONSULTING LLC ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Name: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Deputy Land Commissioner Title: President Date of execution: 4/17/2018 Date of execution: 4/16/2018 ATTACHMENTS TO THIS CONTRACT: ATTACHMENT A – FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT B – GENERAL AFFIRMATIONS ATTACHMENT C – SCOPE OF SERVICES ATTACHMENT D – NONEXCLUSIVE LIST OF APPLICABLE LAWS, RULES, AND REGULATIONS INCORPORATED BY REFERENCE ▇▇▇▇▇▇’S PROPOSAL DATED AUGUST 18, 2017 ATTACHMENTS FOLLOW ASSURANCES - CONSTRUCTION PROGRAMS OMB Approval No. 0348-0042 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of the project described in this application.
2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives.
3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property aquired in whole or in part with Federal assistance funds to assure non- discrimination during the useful life of the project.
4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications.
5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the assistance awarding agency or State.
6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM’s Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).
9. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
10. Will comply with all Federal statutes relating to non- discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. Standard Form 424D (Rev. 7-97) Previous Edition Usable Authorized for Local Reproduction Prescribed by OMB Circular A-102
11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases.
12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
13. Will comply, as applicable, with the provisions of the ▇▇▇▇▇- ▇▇▇▇▇ Act (40 U.S.C. §§276a to 276a-7), the ▇▇▇▇▇▇▇▇ Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards for federally-assisted construction subagreements.
14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more.
15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205).
16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.).
18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations."
19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE President APPLICANT ORGANIZATION MPACT Strategic Consulting LLC DATE SUBMITTED 4/16/2018 THIS FORM MUST BE EXECUTED FORM CD-512 U.S. DEPARTMENT OF COMMERCE (REV 12-04) CERTIFICATION REGARDING LOBBYING LOWER TIER COVERED TRANSACTIONS Applicants should review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 15 CFR Part 28, “New Restrictions on Lobbying.” LOBBYING Statement for Loan Guarantees and Loan Insurance As required by Section 1352, Title 31 of the U.S. Code, and The undersigned states, to the best of his or her knowledge implemented at 15 CFR Part 28, for persons entering into a grant, and belief, that: cooperative agreement or contract over $100,000 or a loan or loanguarantee over $150,000 as defined at 15 CFR Part 28, Sections In any funds have been paid or will be paid to any person 28.105 and 28.110, the applicant certifies that to the best of his or for influencing or attempting to influence an officer or her knowledge and belief, that: employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for (1) No Federal appropriated funds have been paid or will be paid by or the United States to insure or guarantee a loan, the on behalf of the undersigned, to any person for influencing or attempting undersigned shall complete and submit Standard Form- to influence an officer or employee of any agency, a Member of LLL, ‘‘Disclosure Form to Report Lobbying,’’ in accordance Congress in connection with the awarding of any Federal contract, the with its instructions. making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, Submission of this statement is a prerequisite for making or continuation, renewal, amendment, or modification of any Federal entering into this transaction imposed by section 1352, title contract, grant, loan, or cooperative agreement. 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than (2) If any funds other than Federal appropriated funds have been paid $10,000 and not more than $100,000 for each such failure or will be paid to any person for influencing or attempting to influence an occurring on or before October 23, 1996, and of not less officer or employee of any agency, a Member of Congress, an officer or than $11,000 and not more than $110,000 for each such employee of Congress, or an employee of a member of Congress in failure occurring after October 23, 1996. connection with this Federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, ‘‘Disclosure Form to Report Lobbying in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure occurring after October 23, 1996. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above applicable certification. NAME OF APPLICANT AWARD NUMBER AND/OR PROJECT NAME MPACT Strategic Consulting LLC 18-100-000-A635 PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Date of execution: 1/31/2024 Title: CEO Date of execution: 1/30/2024 Attachment A – Scope of Services and Budget Attachment B – General Affirmations Attachment C – Required InsurancePresident SIGNATURE DATE 4/16/2018 Approved by OMB
Appears in 1 contract
Sources: Consulting Services Contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination or expiration of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf creation of the State of Texas and/or the GLOdebts, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated Provider claims for payment but not yet paid to Providerdamages; ownershipownership and intellectual property, Intellectual Property, and copyright; records retention methods and time requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property intellectual property rights; assignment and subcontracting; relationship of the Partiesindependent contractor relationship; compliance with laws; notices; governing choice of law and venue; severability; dispute resolutionresolution according to Texas Government Code Chapter 2260; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 2418-131483-000-E457 B204 GENERAL LAND OFFICE ▇▇▇▇▇▇▇ CONSTRUCTION COMPANY, INC. ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇▇Deputy Land Commissioner Title: ▇▇▇▇ ▇▇▇▇▇▇▇ President Date of execution: _6/5/2018 Date of execution: 6/5/2018 DIV DEPDIR ATTACHMENTS TO GLO CONTRACT NO. 18-483-000-B204: ATTACHMENT A – GENERAL AFFIRMATIONS ATTACHMENT B – PROVIDER’S PROPOSAL ATTACHMENT C – REQUIRED INSURANCE ATTACHMENT D – BOND REQUIREMENTS AND FORM ATTACHMENTS FOLLOW GENERAL AFFIRMATIONS Provider agrees without exception to the following affirmations:
1. Provider certifies that he/she/it has not given, offered to give, nor intends to give at anytime hereafter, any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor, or service to a public servant in connection with the Contract.
2. Provider certifies that neither Provider nor any firm, corporation, partnership, or institution represented by Provider or anyone acting for such firm, corporation, partnership, or institution has (1) violated the antitrust laws of the State of Texas under Texas Business & Commerce Code, Chapter 15, or federal antitrust laws; or (2) communicated the contents of the Contract or proposal either directly or indirectly to any competitor or any other person engaged in the same line of business during the procurement process for the Contract or proposal.
3. Provider certifies that if its business address shown on the Contract is a Texas address, that address is the legal business address of Provider and Provider qualifies as a Texas Resident Bidder under Texas Administrative Code, Title 34, Part 1, Chapter 20.
4. Section 2155.004 of the Texas Government Code prohibits the GLO from awarding a contract that includes proposed financial participation by a person who received compensation from the GLO to participate in preparing the specifications or request for proposals on which the Contract is based. Under Section 2155.004, Government Code, the vendor [Provider] certifies that the individual or business entity named in this bid or Contract is not ineligible to receive the specified Contract and acknowledges that the Contract may be terminated and payment withheld if this certification is inaccurate.
5. Under Texas Family Code section 231.006, a child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25 percent is not eligible to receive payments from state funds under a contract to provide property, materials, or services. Under Section 231.006, Texas Family Code, the vendor or applicant [Provider] certifies that the individual or business entity named in this Contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate.
6. In accordance with Texas Government Code Section 669.003 (relating to contracting with executive head of a state agency), by entering into the Contract, Provider either certifies that either: (1) it is not the executive head of the GLO, was not at any time during the past four years the executive head of the GLO, and does not employ a current or former executive head of a state agency; or (2) Provider and the GLO have complied with the requirements of the above referenced statute concerning board approval and notice to the Legislative Budget Board. Provider acknowledges that this Contract may be terminated at any time, and payments withheld, if this certification is false.
7. Provider agrees that any payments due under the Contract will be applied towards any debt, including but not limited to delinquent taxes and child support, Provider owes to the State of Texas.
8. The GLO is federally mandated to adhere to the directions provided in the President’s Executive Order (EO) 13224, blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism and any subsequent changes made to it. The GLO will cross-reference Providers/vendors with the federal System for Award Management (▇▇▇▇▇ Date ▇://▇▇▇.▇▇▇.gov/), which includes the United States Treasury’s Office of executionForeign Assets Control (OFAC) Specially Designated National (SDN) list. 9. Provider certifies: 1/31/2024 Title: CEO Date 1) that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity; 2) that Provider is in compliance with the State of execution: 1/30/2024 Attachment A – Scope of Services Texas statutes and Budget Attachment B – General Affirmations Attachment C – Required Insurancerules relating to procurement; and 3) that Provider is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at ▇▇▇▇▇://▇▇▇.▇▇▇.gov/.
Appears in 1 contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; security; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; NTP; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOR GLO CONTRACT NO. 2422-131010-000-E457 C950 ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Deputy Land Commissioner Title: VP of Government Resources Date of execution: 1/31/2024 Title: CEO 10/15/2021 Date of execution: 1/30/2024 10/14/2021 Attachment A – Scope of Services and Budget Attachment B – General Affirmations Attachment C – Sample Notice to Proceed Attachment D – Required InsuranceInsurance and Form Attachment E – Security Appendix At the issuance of a Notice To Proceed, Provider shall provide comprehensive online auction and sealed bid services for state mineral leases including, without limitation, the following:
a) Conduct online sealed bid auctions for state mineral leases in compliance with Chapter 32 of the Texas Natural Resources Code;
b) Electronically and/or directly market the GLO’s lease tracts to accredited oil and gas bidders, listing all properties online at least thirty (30) days prior to the date of each lease sale;
Appears in 1 contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 2422-131122-000-E457 D392 SERVICES CONTRACT ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇▇▇ ▇▇▇ GENERAL LAND OFFICE THE ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ LAW FIRM, LLC Deputy Land Commissioner Title: Partner Date of execution: 1/31/2024 Title: CEO _12/7/2021 Date of execution: 1/30/2024 Attachment 12/6/2021 OGC ATTACHED TO THIS CONTRACT: ATTACHMENT A – Scope of Services and Budget Attachment B – General Affirmations Attachment ATTACHMENT B – Description of Services to be Rendered ATTACHMENT C – Required InsuranceProvider’s Hourly Rates ATTACHMENTS FOLLOW Provider affirms and agrees to the following provisions: 1. Provider represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Provider; the firm, corporation, partnership, or institution represented by Provider; nor anyone acting for such a firm, corporation, partnership, or institution has (a) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983—Chapter 15 of the Texas Business and Commerce Code—or the federal antitrust laws or (b) directly or indirectly communicated the contents of the Contract or any solicitation response upon which the Contract is based to any competitor or any other person engaged in the same line of business as Provider.
Appears in 1 contract
Sources: Services Agreement
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 2422-131047-000-E457 D087 SERVICES CONTRACT GENERAL LAND OFFICE ▇▇▇▇▇▇ ▇▇▇▇▇▇ PLLC ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇▇▇▇ ▇▇▇▇▇▇ Deputy Land Commissioner Title: Member of the Firm Date of execution: _8/11/2021 Date of execution: 8/11/2021 ATTACHED TO THIS CONTRACT: ATTACHMENT A – Scope of Services and Rate Schedule ATTACHMENT B – General Affirmations ATTACHMENTS FOLLOW SCOPE OF SERVICES Provider shall perform, or cause to be performed: legal counsel and advisory services for the GLO concerning intellectual property matters, including trademark and copyright matters related to the Alamo, San Antonio, Bexar County, Texas; and other services for the GLO as may be assigned from time to time. REMAINDER OF ▇▇▇▇ INTENTIONALLY LEFT BLANK ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ $586.50 ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ $361.25 ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ $280.50 Paralegals Hourly Rate ▇▇▇▇ ▇▇▇▇▇ $246.50 ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Date of execution: 1/31/2024 Title: CEO Date of execution: 1/30/2024 Attachment A – Scope of Services and Budget Attachment B – General Affirmations Attachment C – Required Insurance$212.50
Appears in 1 contract
Sources: Services Agreement
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination or expiration of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf creation of the State of Texas and/or the GLOdebts, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated Provider claims for payment but not yet paid to Providerdamages; ownershipownership and intellectual property, Intellectual Property, and copyright; records retention methods and time requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property intellectual property rights; assignment and subcontracting; relationship of the Partiesindependent contractor relationship; compliance with laws; notices; governing choice of law and venue; severability; dispute resolutionresolution according to Texas Government Code Chapter 2260; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 24▇▇-131▇▇▇-000-E457 ▇▇▇ GENERAL PROGRAM SERVICES FOR DISASTER RECOVERY AND RESPONSE GENERAL LAND OFFICE ▇▇▇▇▇, LLP ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: Deputy Land Commissioner Title: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Partner Date of execution: _10/30/2017 Date of execution: 10/30/2017 DEPDIR ATTACHED TO THIS CONTRACT: ATTACHMENT A - FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT B – GENERAL AFFIRMATIONS ATTACHMENT C - SCOPE OF APPROVED SERVICES ATTACHMENT D - NONEXCLUSIVE LIST OF APPLICABLE LAWS, RULES, AND REGULATIONS ATTACHMENT E - SAMPLE WORK ORDER ATTACHMENT F - ADDITIONAL TERMS AND CONDITIONS FOR FEMA - RELATED CONTRACTS ATTACHMENT G - REQUIRED INSURANCE INCORPORATED BY REFERENCE: - SOLICITATION RFQ X0013721-SK - PROVIDER’S RESPONSE TO SOLICITATION RFQ X0013721-SK - INTER-GOVERNMENTAL SERVICE AGREEMENT AND ALL PLANS REQUIRED THEREUNDER ATTACHMENTS FOLLOW DocuSign Envelope ID: C462C888-F883-47C7-B8A7-49BD7B80876E ▇▇▇▇▇ LLP Partner 10/30/2017 DocuSign Envelope ID: C462C888-F883-47C7-B8A7-49BD7B80876E ▇▇▇▇▇ LLP ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Date Partner 10/30/2017 THIS FORM MUST BE EXECUTED THIS FORM SHOULD BE EXECUTED ONLY WHEN REPORTING LOBBYING ACTIVITIES UNDERTAKEN WITH GRANT FUNDS GENERAL AFFIRMATIONS Provider agrees without exception to the following affirmations:
1. Provider certifies that he/she/it has not given, offered to give, nor intends to give at anytime hereafter, any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor, or service to a public servant in connection with the Contract.
2. Provider certifies that neither Provider nor any firm, corporation, partnership, or institution represented by Provider or anyone acting for such firm, corporation, partnership, or institution has
(1) violated the antitrust laws of executionthe State of Texas under Texas Business & Commerce Code, Chapter 15, or federal antitrust laws; or (2) communicated the contents of the Contract or proposal either directly or indirectly to any competitor or any other person engaged in the same line of business during the procurement process for the Contract or proposal.
3. Provider certifies that if its business address shown on the Contract is a Texas address, that address is the legal business address of Provider and Provider qualifies as a Texas Resident Bidder under Texas Administrative Code, Title 34, Part 1, Chapter 20.
4. Section 2155.004 of the Texas Government Code prohibits the GLO from awarding a contract that includes proposed financial participation by a person who received compensation from the GLO to participate in preparing the specifications or request for proposals on which the Contract is based. Under Section 2155.004, Government Code, the vendor [Provider] certifies that the individual or business entity named in this bid or Contract is not ineligible to receive the specified Contract and acknowledges that the Contract may be terminated and payment withheld if this certification is inaccurate.
5. Under Texas Family Code section 231.006, a child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25 percent is not eligible to receive payments from state funds under a contract to provide property, materials, or services. Under Section 231.006, Texas Family Code, the vendor or applicant [Provider] certifies that the individual or business entity named in this Contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate.
6. In accordance with Texas Government Code Section 669.003 (relating to contracting with executive head of a state agency), by entering into the Contract, Provider either certifies that either: 1/31/2024 Title(1) it is not the executive head of the GLO, was not at any time during the past four years the executive head of the GLO, and does not employ a current or former executive head of a state agency; or (2) Provider and the GLO have complied with the requirements of the above referenced statute concerning board approval and notice to the Legislative Budget Board. Provider acknowledges that this Contract may be terminated at any time, and payments withheld, if this certification is false.
7. Provider agrees that any payments due under the Contract will be applied towards any debt, including but not limited to delinquent taxes and child support, Provider owes to the State of Texas.
8. The GLO is federally mandated to adhere to the directions provided in the President’s Executive Order (EO) 13224, blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism and any subsequent changes made to it. The GLO will cross-reference Providers/vendors with the federal System for Award Management (▇▇▇▇▇://▇▇▇.▇▇▇.gov/), which includes the United States Treasury’s Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list.
9. Provider certifies: CEO Date 1) that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity; 2) that Provider is in compliance with the State of executionTexas statutes and rules relating to procurement; and 3) that Provider is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at ▇▇▇▇▇://▇▇▇.▇▇▇.gov/.
10. Under Section 2155.006(b) of the Texas Government Code, the GLO may not enter into a contract that includes proposed financial participation by a person who, during the five year period preceding the date of the bid or award, has been: 1/30/2024 Attachment A – Scope (1) convicted of Services violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane ▇▇▇▇, as defined by Section 39.459, Utilities Code, Hurricane ▇▇▇▇▇▇▇, or any other disaster occurring after September 24, 2005; or (2) assessed a penalty in a federal civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane ▇▇▇▇, as defined by Section 39.459, Utilities Code, Hurricane ▇▇▇▇▇▇▇, or any other disaster occurring after September 24, 2005. Under Section 2155.006 of the Texas Government Code, Provider certifies that the individual or business entity named in the Contract is not ineligible to receive the specified Contract and Budget Attachment B – General Affirmations Attachment C – Required Insuranceacknowledges that the Contract may be terminated and payment withheld if this certification is inaccurate.
11. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. Acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Provider shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Provider and the requirement to cooperate is included in any subcontract it awards.
12. Provider understands that the GLO does not tolerate any type of fraud. The GLO’s policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Providers are expected to report any possible fraudulent or dishonest acts, waste, or abuse affecting any transaction with the GLO to the GLO's Internal Audit Director at 512.463.5338 or to ▇▇▇▇▇▇.▇▇▇▇@▇▇▇.▇▇▇▇▇.▇▇▇.
13. In accordance with Texas Government Code chapter 2270, by signing the Contract, Provider verifies that it does not boycott Israel and will not boycott Israel during the term of the Contract.
Appears in 1 contract
Sources: General Program Services Contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications,; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; Job Orders; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 24▇▇-131▇▇▇-000-E457 ▇▇▇ CONSTRUCTION SERVICES CONTRACT GENERAL LAND OFFICE ▇▇▇▇ CONSTRUCTORS INC. ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇Deputy Land Commissioner Title: ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ President Date of execution: 1/31/2024 Title: CEO 5/4/2020 Date of execution: 1/30/2024 Attachment 5/4/2020 OGC ATTACHED TO THIS CONTRACT: ATTACHMENT A – Scope of Services and Budget Attachment ATTACHMENT B – General Affirmations Attachment ATTACHMENTS FOLLOW GSstBB2019 Scope of Work for the Alamo Preservation Project C – Required Insuranceonstruction and Logistics Support Provider shall perform services that may include, but not be limited to:
a. Logistics planning and on-site support of the historic preservation team, including providing access via lift, scaffold and other means as necessary.
b. Cost estimating
c. Site work: Utilities Storm water / drainage systems Paving Landscaping
d. General construction: Protection and fencing Selective removal of materials Concrete repairs Waterproofing / damp-proofing Roofing repairs Miscellaneous repairs
e. Specialty masonry work associated with: Protection Sampling Probing Cleaning Support for Conservation Services
f. Environmental Testing The GLO will issue specific Job Orders for defined scopes of work under the Contract, on an as needed basis. Each Job Order scope will outline specific work to be done including a schedule and budget for each Job Order. Job Orders greater than $25,000.00 and involving subcontractors will require a Payment Bond. Job Orders over $100,000.00 will incorporate the UGCs and all requirements for bonds, insurance, HUB plans and reporting, etc. Payments will be made per Job Order subject to a cumulative amount not to exceed $10,000,000.00 unless amended in accordance with the Contract. The duration of this Contract will be August 31, 2022 unless amended in accordance with the Contract. ▇▇▇▇ Constructors will submit a letter of acceptance of this scope along with a list of proposed subcontractors and their qualifications.
Appears in 1 contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; considerationinterpretation; warranties; General Affirmations, Federal Assurances, and Federal Certificationsaffirmations; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, ; intellectual property; third-party reliance; books and copyright; records retention requirementsrecords; inspection and audit; records retention period; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s 's obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rightsindemnity; assignment and subcontracting; relationship of the Partiesparties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 2418-131378-000-E457 B064 GENERAL LAND OFFICE ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Deputy Land Commissioner Title: Independent Artist/Developer Date of execution: _3/27/2018 Date of execution: 3/27/2018 ATTACHMENTS TO GLO CONTRACT NO. 18-378-000-B064: ATTACHMENT A – GENERAL AFFIRMATIONS ATTACHMENT B – PROVIDER’S STATEMENT OF WORK ATTACHMENTS FOLLOW GENERAL AFFIRMATIONS Provider agrees without exception to the following affirmations:
1. Provider certifies that he/she/it has not given, offered to give, nor intends to give at anytime hereafter, any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor, or service to a public servant in connection with the Contract.
2. Provider certifies that neither Provider nor any firm, corporation, partnership, or institution represented by Provider or anyone acting for such firm, corporation, partnership, or institution has
(1) violated the antitrust laws of the State of Texas under Texas Business & Commerce Code, Chapter 15, or federal antitrust laws; or (2) communicated the contents of the Contract or proposal either directly or indirectly to any competitor or any other person engaged in the same line of business during the procurement process for the Contract or proposal.
3. Provider certifies that if its business address shown on the Contract is a Texas address, that address is the legal business address of Provider and Provider qualifies as a Texas Resident Bidder under Texas Administrative Code, Title 34, Part 1, Chapter 20.
4. Section 2155.004 of the Texas Government Code prohibits the GLO from awarding a contract that includes proposed financial participation by a person who received compensation from the GLO to participate in preparing the specifications or request for proposals on which the Contract is based. Under Section 2155.004, Government Code, the vendor [Provider] certifies that the individual or business entity named in this bid or Contract is not ineligible to receive the specified Contract and acknowledges that the Contract may be terminated and payment withheld if this certification is inaccurate.
5. Under Texas Family Code section 231.006, a child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25 percent is not eligible to receive payments from state funds under a contract to provide property, materials, or services. Under Section 231.006, Texas Family Code, the vendor or applicant [Provider] certifies that the individual or business entity named in this Contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate.
6. In accordance with Texas Government Code Section 669.003 (relating to contracting with executive head of a state agency), by entering into the Contract, Provider either certifies that either: (1) it is not the executive head of the GLO, was not at any time during the past four years the executive head of the GLO, and does not employ a current or former executive head of a state agency; or (2) Provider and the GLO have complied with the requirements of the above referenced statute concerning board approval and notice to the Legislative Budget Board. Provider acknowledges that this Contract may be terminated at any time, and payments withheld, if this certification is false.
7. Provider agrees that any payments due under the Contract will be applied towards any debt, including but not limited to delinquent taxes and child support, Provider owes to the State of Texas.
8. The GLO is federally mandated to adhere to the directions provided in the President’s Executive Order (EO) 13224, blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism and any subsequent changes made to it. The GLO will cross-reference Providers/vendors with the federal System for Award Management (▇▇▇▇▇ Date ▇://▇▇▇.▇▇▇.gov/), which includes the United States Treasury’s Office of executionForeign Assets Control (OFAC) Specially Designated National (SDN) list.
9. Provider certifies: 1/31/2024 Title1) that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity; 2) that Provider is in compliance with the State of Texas statutes and rules relating to procurement; and 3) that Provider is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at ▇▇▇▇▇://▇▇▇.▇▇▇.gov/.
10. Under Section 2155.006(b) of the Texas Government Code, the GLO may not enter into a contract that includes proposed financial participation by a person who, during the five year period preceding the date of the bid or award, has been: CEO Date (1) convicted of execution: 1/30/2024 Attachment A – Scope violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Services Hurricane ▇▇▇▇, as defined by Section 39.459, Utilities Code, Hurricane ▇▇▇▇▇▇▇, or any other disaster occurring after September 24, 2005; or (2) assessed a penalty in a federal civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane ▇▇▇▇, as defined by Section 39.459, Utilities Code, Hurricane ▇▇▇▇▇▇▇, or any other disaster occurring after September 24, 2005. Under Section 2155.006 of the Texas Government Code, Provider certifies that the individual or business entity named in the Contract is not ineligible to receive the specified Contract and Budget Attachment B – General Affirmations Attachment C – Required Insuranceacknowledges that the Contract may be terminated and payment withheld if this certification is inaccurate.
11. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. Acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Provider shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Provider and the requirement to cooperate is included in any subcontract it awards.
12. Provider understands that the GLO does not tolerate any type of fraud. The GLO’s policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Providers are expected to report any possible fraudulent or dishonest acts, waste, or abuse affecting any transaction with the GLO to the GLO's Internal Audit Director at 512.463.5338 or to ▇▇▇▇▇▇.▇▇▇▇@▇▇▇.▇▇▇▇▇.▇▇▇.
13. In accordance with Texas Government Code chapter 2270, by signing the Contract, Provider verifies that it does not boycott Israel and will not boycott Israel during the term of the Contract.
Appears in 1 contract
Sources: 3d Rendering Services Contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 2420-131239-000001-E457 C434 SERVICES CONTRACT GENERAL LAND OFFICE LAND & SEA SERVICES 1, INC. ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇Deputy Land Commissioner Title: ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ President Date of execution: 1/31/2024 Title: CEO 9/14/2020 Date of execution: 1/30/2024 Attachment 9/14/2020 ATTACHED TO THIS CONTRACT: ATTACHMENT A – Scope of Services and Budget Attachment B – General Affirmations Attachment ATTACHMENT B – Required Bonds ATTACHMENT C – Required InsuranceInsurance and Certificates INCORPORATED BY REFERENCE: SOLICITATION SOLICITATION RESPONSE ATTACHMENTS FOLLOW GSstBB2019 Provider affirms and agrees to the following provisions: 1. Provider represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Provider; the firm, corporation, partnership, or institution represented by Provider; nor anyone acting for such a firm, corporation, partnership, or institution has (a) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983—Chapter 15 of the Texas Business and Commerce Code—or the federal antitrust laws or (b) directly or indirectly communicated the contents of the Contract or any solicitation response upon which the Contract is based to any competitor or any other person engaged in the same line of business as Provider.
Appears in 1 contract
Sources: Services Agreement
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination or expiration of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf creation of the State of Texas and/or the GLOdebts, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated Provider claims for payment but not yet paid to Providerdamages; ownershipownership and intellectual property, Intellectual Property, and copyright; records retention methods and time requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property intellectual property rights; assignment and subcontracting; relationship of the Partiesindependent contractor relationship; compliance with laws; notices; governing choice of law and venue; severability; dispute resolutionresolution according to Texas Government Code Chapter 2260; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 24▇▇-131▇▇▇-000-E457 ▇▇▇ GENERAL LAND OFFICE AECOM TECHNICAL SERVICES INC. ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇ Deputy Land Commissioner Title: Senior VP, Regional Business Line Leader Date of execution: 1/31/2024 Title: CEO _9/24/2017 Date of execution: 1/30/2024 Attachment 9/24/2017 ATTACHMENTS TO THIS CONTRACT: ATTACHMENT A – Scope of Services and Budget Attachment DESCRIPTION OF APPROVED SERVICES ATTACHMENT B – General Affirmations Attachment FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT C – Required InsuranceGENERAL AFFIRMATIONS ATTACHMENT D – REQUIRED INSURANCE AND FORM INCORPORATED BY REFERENCE, AS IF PHYSICALLY: RFQ X0011266-DF PROVIDER’S RESPONSE TO RFQ X0011266-DF ATTACHMENTS FOLLOW Texas General Land Office
Appears in 1 contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination or expiration of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf creation of the State of Texas and/or the GLOdebts, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated Provider claims for payment but not yet paid to Providerdamages; ownershipownership and intellectual property, Intellectual Property, and copyright; records retention methods and time requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property intellectual property rights; assignment and subcontracting; relationship of the Partiesindependent contractor relationship; compliance with laws; notices; governing choice of law and venue; severability; dispute resolutionresolution according to Texas Government Code Chapter 2260; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 2421-131107-000-E457 C740 TEXAS GENERAL LAND OFFICE ▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇ Deputy Land Commissioner Title: Historical Consultant Date of execution: 10/1/2020 Date of execution: 10/1/2020 ATTACHMENTS TO THIS CONTRACT: ATTACHMENT A – Scope of Work ATTACHMENT B – General Affirmations ATTACHMENTS FOLLOW The General Land Office and ATI the are currently in a multi-year master planning process for the Alamo Complex, to include the development and construction of a state-of-the-art museum and visitor center. The Alamo Complex currently has no master historical narrative of the length required for interpretation and design of exhibits in a full-size museum and visitor center. As such, Provider shall lead the Alamo Scholars Group, and collaborate with historians ▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and ▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇, alongside the GLO’s Deputy Director of Archives and Records, Mr. ▇▇▇▇ ▇▇▇▇▇▇▇, to draft such a narrative to better facilitate museum planning for the Alamo Plan in 2021. P rovider’s Role Provider shall draft and lead contributions to a master historical narrative (the “Final Narrative”) totaling approximately 10,000 words, to ultimately be utilized in the development of exhibits in a world-class museum and visitor center at the Alamo Complex. Provider’s earlier work “The Long Barrack Exhibit narrative,” completed previously as an ATI employee, shall be utilized and incorporated into the Final Narrative, to be submitted to the GLO and ATI as a complete and final draft by December 31, 2020. The new narrative work shall consist of contributions from ▇▇. ▇▇▇▇▇▇▇, as well as the contributions of the Alamo Scholars Group, as edited by ▇▇. ▇▇▇▇▇▇ Date ▇▇▇▇▇▇, ▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and Mr. ▇▇▇▇ ▇▇▇▇▇▇▇. Alamo history narrative work shall focus on incorporating new historical and archeological work done in the past 15 years since Provider completed the Long Barrack Exhibit narrative was completed in 2005, especially in the areas of execution: 1/31/2024 Title: CEO Date local San Antonio history, African American history, Tejano/Tejana history, Native American history, Rio Grande Borderlands history, and Atlantic World history (the colonizing efforts of execution: 1/30/2024 Attachment A – Scope of Services and Budget Attachment B – General Affirmations Attachment C – Required Insurancethe European colonial powers in the New World, especially Spain, France, England).
Appears in 1 contract
Sources: Services Agreement
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOR GLO CONTRACT NO. 2425-131045-000-E457 E862 ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk ▇ Name: ▇▇:▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Chief Clerk and Deputy Land Commissioner Title: Managing Director Date of execution: 1/31/2024 Title: CEO 10/2/2024 Date of execution: 1/30/2024 10/2/2024 Attachment A – Scope of Services and Budget Attachment B – General Affirmations Attachment C – Required InsuranceInsurance ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ Austin, TX 78701 Email: ▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇.▇▇▇▇▇.▇▇▇ RE: Assignment Agreement | CB24US086954 5 Retail Properties – Multiple Adjacent Locations • 228 ▇▇▇▇▇▇ and ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ • ▇▇▇ ▇▇▇▇▇▇, San Antonio, TX 78205 • ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ • ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇ ▇. ▇▇▇▇▇▇ ▇▇. ▇▇▇. ▇▇▇▇ Proposal and Contract for Services September 27, 2024 CBRE, Inc. Austin, TX 78701 VAS - Managing Director • ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇ ½ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Dear ▇▇. ▇▇▇▇▇▇: We are pleased to submit this proposal for this assignment. Purpose: To estimate the Market Value of the referenced real estate - A single appraisal report will be provided. Individual retail values for each address identified above as well as a total/bulk value will be provided Premise: Rights Appraised: Intended Use: Intended User: Reliance: As Is Leased Fee Acquisition/Disposition/Exchange Due Diligence The intended user is General Land Office of the State of Texas (“Client”), and such other parties and entities (if any) expressly recognized by CBRE as intended users (each an “Intended Users” and collectively the “Intended Users”). Reliance on any reports produced by CBRE under this Agreement is extended solely to parties and entities expressly acknowledged in a signed writing by CBRE as Intended Users of the respective reports, provided that any conditions to such acknowledgement required by CBRE or hereunder have been satisfied. Parties or entities other than Intended Users who obtain a copy of the report or any portion thereof (including Client if it is not named as an Intended User), whether as a result of its direct dissemination or by any other means, may not use or rely upon any opinions or conclusions contained in the report or such portions thereof, and CBRE will not be responsible for any unpermitted use of the report, its conclusions or contents or have any liability in connection therewith. Unless otherwise expressly identified in this Agreement, there are no third-party beneficiaries of this Agreement pertaining to this appraisal assignment or any reports produced by CBRE under this Agreement, and no other person or entity shall have any right, benefit or interest under this Agreement or with respect to any reports produced by CBRE under this Agreement. Scope of Inspection: A full interior and exterior inspection of the property will be conducted and arranged with the property contact and performed by CBRE Valuations. If this expected property inspection is not possible due to unforeseen issues (such as lack of on-site personnel cooperation, physical obstructions, or appraiser/property contact health and safety concerns), the client will be promptly advised. The client may continue this assignment based on other inspection options agreed upon by CBRE and client or provide CBRE with a written notice to cancel. If CBRE determines that a credible appraisal result cannot be achieved due to inspection limitations, it will promptly provide the client with a written cancellation of this assignment. Valuation Approaches: The Sales Comparison and Income Capitalization Approaches to value will be utilized. A Cost Approach will not be developed based on the age of the improvements. A land value will not be included. Report Type: Restricted Appraisal Report Appraisal Standards: USPAP Appraisal Fee: $9,000.00. If cancelled by either party before a completion, the fee will be based on CBRE's hourly rates for the time expended; plus actual expenses. Expenses: Retainer: Payment Terms: Fee includes all associated expenses. A retainer is not required for this assignment. Final payment is due upon delivery of the final report or within thirty
Appears in 1 contract
Sources: Appraisal Services Contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; considerationinterpretation; warranties; General Affirmations, Federal Assurances, affirmations; federal and Federal Certifications; state funding, ; recapture; overpayment; prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, ; intellectual property; third-party reliance; books and copyright; records retention requirementsrecords; inspection and audit; records retention period; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all necessary government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contractqualifications; indemnification and liability; infringement of Intellectual Property rightsindemnity; assignment and subcontracting; relationship of the Partiesparties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 2416-131413-000-E457 A037 GENERAL LAND OFFICE ATC GROUP SERVICES LLC ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇ Deputy Land Commissioner Title: Project Manager Date of execution: _8/17/2016 Date of execution: 8/17/2016 OGC PM DD SDD DGC ATTACHMENTS TO GLO CONTRACT NO. 16-413-000-A037: ATTACHMENT A – BEACH WATCH WORK PLAN ATTACHMENT B – FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT C –GENERAL AFFIRMATIONS ATTACHMENT D – PROVIDER’S SOLICITATION RESPONSE ATTACHMENT E – PROJECT MANAGER’S SIGNATURE PAGE FOR QAPP ATTACHMENT F – REQUIRED INSURANCE AND FORM INCORPORATED BY REFERENCE, AS IF PHYSICALLY ATTACHED: SOLICITATION – GLO’S IFB-X0009490-SG ATTACHMENTS FOLLOW As the lead state agency charged with implementing the Beaches Environmental Assessment and Coastal Health Act of 2000 (BEACH Act), the Texas General Land Office (GLO) will contract with ATC Group Services, LLC (Provider) to collect and analyze water samples, notify the public of beach water quality and to recommend and/or issue, water quality advisories when warranted. Texas General Land Office P. O. Box 12873 Austin, Texas 78711-2873 (▇▇ ▇▇) ▇▇▇-▇▇▇▇▇ Date of execution: 1/31/2024 Title: CEO Date of execution: 1/30/2024 Attachment A – Scope of Services and Budget Attachment B – General Affirmations Attachment C – Required Insurance
I. QUALITY ASSURANCE PROJECT PLAN
II. SAMPLING STATIONS AND SCHEDULE
Appears in 1 contract
Sources: Water Sampling Services Contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLOBoard, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOR GLO CONTRACT NO. 24-131010-000-E457 D924 ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk ▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Chief Clerk Title: Managing Director Date of execution: 1/31/2024 Title: CEO _12/5/2023 Date of execution: 1/30/2024 Attachment A – 12/4/2023 The Scope of Services for financial advisory services related to the Texas General Land Office and Budget Attachment B – General Affirmations Attachment C – Required InsuranceVeterans Land Board (collectively, “the Board”) debt issuance, debt management, derivatives management, and loan portfolio management shall include, but is not limited to: • Develop recommendations on the size, timing, and structure of all Board bond and derivative transactions, in conjunction with staff and bond counsel. • Make recommendations on bond underwriting syndicates, underwriters' counsel, and underwriter fees. • Make recommendations on derivative counterparties and counterparty fees. • Advise on all Board bond and derivative pricing issues. • Participate in the development and review of all preliminary and final offering documents and any other documentation related to the sale and closing of all Board bond issues. • Assist with the preparation of any documents related to all Board bond, derivative, or loan programs, as required, or requested by the Bond Review Board or any other legislative regulatory entities. • Assist with obtaining the approval of the Bond Review Board or any other legislative or regulatory entities with regard to Board bond transactions. • Serve as an information liaison between the Board and the bond rating agencies. • Attend meetings, as requested by staff, with the Board, staff, bond counsel, underwriters, derivative counterparties, rating agencies, existing and potential Board bond investors, credit enhancers, and any other entities that may be required or necessary. • Review all bond and derivative proposals and present staff with recommendations. • Advise staff of current market conditions/trends and proposed legislative changes and their estimated impact on Board bond, derivative, and loan programs. • Provide assistance to staff and/or Board arbitrage/rebate consultant in maintaining compliance with federal arbitrage/rebate regulations. • Assistance identifying refunding, defeasance, exercise of options or other opportunities for existing debt. • Proactive cashflow and structuring services, provides all consolidated and stand-alone cashflows. • Assistance in management of interest rate swap portfolios. o Assistance identifying opportunities for swap termination and restructuring. o Active monitoring of options held by counterparties or by the Board. o Provide monthly interest rate swap portfolio monitoring reports. • Assistance in monitoring of remarketing agent performance and variable rate debt. • Advise and review calculations related to the determination of mortgage rates where appropriate. • Support Board as needed and appropriate in negotiations with master servicers/program administrator and/or describing reporting needs. • Assist Board with analyzing potential future initiatives to increase homeownership including down payment and closing cost assistance programs. • Work with client, bond counsel and tax counsel to review and enhance computation methodologies and tax representations for acceptable efficiencies. • MBS reporting/tracking and updates. • MBS bidding agent. • TBA program monitoring, reporting, advising. • Evaluate/implement a loan warehousing program. • Board staff training: 1-on-1 and periodic group calls. • Periodically review indentures and ISDAs to provide flexibility to client and security to investors. • Assist staff as necessary with hedge identification/restructuring. • Assist staff as necessary/requested with GASB 53 and GASB 72 reports. • Providing other financial advisory services as requested by staff and/or the Board. • Provide any and all other assistance related to all Board bond, derivative, or loan programs, as requested by the Board and staff. If the Board enlarges the scope of its programs to include services not described above, the Board and Provider shall negotiate additional fees as necessary. The Board and Provider agree that this Contract does not intend and is not under any circumstances to be construed as requiring Provider to perform services which may constitute the practice of law. Provider shall perform services under this Contract in an expert financial advisory capacity only. The Board and Provider further agree that, under this Contract, Provider is acting as an advisor or fiduciary to the Board; and Provider retains the right to be engaged by the Board on other transactions in a capacity other than as an advisor. For all services related to the issuance of bonds under this contract, Provider's fee shall be: Financial Advisory Fee - Bonds Issued Between $0.50 - $1.50 per bond issued Structuring Fee* - Bonds Issued Between $0.50 - $1.50 per bond issued • Payment is not contingent upon the actual issuance of the bonds proposed to be issued. The Board in its discretion may elect to negotiate a flat fee, or other type of fee, prior to the issuance of bonds based upon the size, structure, complexity, or degree of difficulty of the sale of the proposed bond issue. The terms can be confirmed with a fee letter. For all services related to the execution of derivative transactions under this contract, Provider's fee shall be: • Derivative Originations: 2.00 basis points of the annual notional amount, calculated on a present value basis over the term of the proposed derivative transaction. Minimum Fee: $10,000; Maximum Fee: $95,000. • Derivative Amendments, Terminations or Novations: 1.00 basis point of the annual notional amount, calculated on a present value basis over the term of the proposed derivative transaction. Minimum Fee: $7,500; Maximum Fee: $75,000. • Payment is contingent upon the actual execution of any proposed derivative transaction. • Annual GASB 72 Valuations: $500 per each swap valuation, paid upon completion. • Swap Monitoring Reports (monthly): $50,000, paid annually each January 31 of each calendar year in arrears. • Annual GASB 53 $500 per each swap, paid upon completion. The Board in its discretion may elect to negotiate a flat fee, or other type of fee, prior to the execution of any proposed derivative transaction based upon the size, structure, complexity, or degree of difficulty of the execution of the proposed derivative transaction. • Annual Cash Flows: Not to exceed $150,000, paid upon completion. Director of Board’s Bond Funds Management may request additional related services and fees can be determined by mutual agreement and confirmed with a fee letter, if requested or based on the hourly rate table below. The project and fee schedule (detail) can be provided separately and updated from time to time. Provider’s hourly rates for financial advisory services and services associated with financial advisory to be rendered: Classification Rate Managing Director $650.00 Director $500.00 Asst Vice President/Vice President $400.00 Analyst/Associate $300.00 Administrative Assistant $175.00 *Structuring Fees will be determined prior to each issuance and may not apply to all issuances.
Appears in 1 contract
Sources: Services Agreement
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 2421-131130-000-E457 C784 SERVICE CONTRACT GENERAL LAND OFFICE ▇▇▇▇▇▇▇ CONSTRUCTION COMPANY, INC. ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇▇Deputy Land Commissioner Title: ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ President Date of execution: 1/31/2024 Title: CEO 5/10/2021 Date of execution: 1/30/2024 Attachment 5/7/2021 PM DD SDD DGC GC ATTACHED TO THIS CONTRACT: ATTACHMENT A – Scope of Services and Budget Attachment B – General Affirmations Attachment ATTACHMENT B – Required Payment Bonds ATTACHMENT C – Required InsuranceInsurance(s) and Certificate INCORPORATED BY REFERENCE: SOLICITATION SOLICITATION RESPONSE ATTACHMENTS FOLLOW To the extent they apply, Provider affirms and agrees to the following, without exception:
1. Provider represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Provider nor the firm, corporation, partnership, or institution represented by Provider, or anyone acting for such a firm, corporation, partnership, or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or (2) communicated directly or indirectly the contents of this Contract or any solicitation response upon which this Contract is based to any competitor or any other person engaged in the same line of business as Provider.
2. If the Contract is for services, Provider shall comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts.
3. Under Section 231.006 of the Family Code, the vendor or applicant [Provider] certifies that the individual or business entity named in this Contract, bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate.
4. A bid or an application for a contract, grant, or loan paid from state funds must include the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application. Provider certifies it has submitted this information to the GLO.
5. If the Contract is for the purchase or lease of computer equipment, as defined by Texas Health and Safety Code Section 361.952(2), Provider certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code, related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in Title 30 Texas Administrative Code Chapter 328.
6. Pursuant to Section 2155.003 of the Texas Government Code, Provider represents and warrants that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the Contract.
7. Payments due under the Contract shall be directly applied towards eliminating any debt or delinquency Provider owes to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support, regardless of when the debt or delinquency arises. 72220MB
8. Upon request of the GLO, Provider shall provide copies of its most recent business continuity and disaster recovery plans.
9. If the Contract is not for architecture, engineering, or construction services, except as otherwise provided by statute, rule, or regulation, Provider must use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve any dispute arising under the Contract. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO.
10. If Chapter 2271 of the Texas Government Code applies to this Contract, Provider verifies that it does not boycott Israel and will not boycott Israel during the term of the Contract.
11. This Contract is contingent upon the continued availability of lawful appropriations by the Texas Legislature. Provider understands that all obligations of the GLO under this Contract are subject to the availability of state funds. If such funds are not appropriated or become unavailable, the GLO may terminate the Contract. The Contract shall not be construed as creating a debt on behalf of the GLO in violation of Article III, Section 49a of the Texas Constitution.
12. Provider certifies that it is not listed on the federal government's terrorism watch list as described in Executive Order 13224.
13. In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Provider certifies that it is not (1) the executive head of the GLO, (2) a person who at any time during the four years before the effective date of the Contract was the executive head of the GLO, or (3) a person who employs a current or former executive head of the GLO.
14. Provider represents and warrants that all statements and information prepared and submitted in connection with this Contract are current, complete, true, and accurate. Submitting a false statement or making a material misrepresentation during the performance of this Contract is a material breach of contract and may void the Contract or be grounds for its termination.
Appears in 1 contract
Sources: Service Contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; Work Orders; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. survive SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 24▇▇-131▇▇▇-000-E457 ▇▇▇ SERVICES CONTRACT GENERAL LAND OFFICE JLL VALUATION AND ADVISORY SERVICES, LLC ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇▇▇Deputy Land Commissioner Title: ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Executive Vice President Date of execution: 1/31/2024 Title: CEO _11/18/2019 Date of execution: 1/30/2024 Attachment 11/15/2019 OGC ATTACHED TO THIS CONTRACT: ATTACHMENT A – Scope of Services and Budget Attachment B – General Affirmations Attachment C – Required InsuranceINCORPORATED BY REFERENCE: SOLICITATION SOLICITATION RESPONSE ATTACHMENTS FOLLOW GSstBB2019 Provider affirms and agrees to the following provisions: 1. Provider represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Provider; the firm, corporation, partnership, or institution represented by Provider; nor anyone acting for such a firm, corporation, partnership, or institution has (a) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983—Chapter 15 of the Texas Business and Commerce Code—or the federal antitrust laws or (b) directly or indirectly communicated the contents of the Contract or any solicitation response upon which the Contract is based to any competitor or any other person engaged in the same line of business as Provider.
Appears in 1 contract
Sources: Appraisal Services Contract
Survival of Terms and Conditions. The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretive provisions; consideration; warranties; General Affirmations, Federal Assurances, and Federal Certifications; state funding, prohibition on debts created on behalf of the State of Texas and/or the GLO, recapture of state funds, and overpayment of state funds; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership, Intellectual Property, and copyright; records retention requirements; inspection and audit; confidentiality; public records; insurance; taxes; workers’ compensation; unemployment insurance; Provider’s obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any Subcontractors to provide the goods or services described in this Contract; indemnification and liability; infringement of Intellectual Property rights; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. Terms and conditions that, explicitly or by their nature, evidence the Parties’ intent that they should survive the termination or expiration of this Contract shall so survive. SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR GLO CONTRACT NO. 2421-131168-000-E457 C906 SERVICES CONTRACT GENERAL LAND OFFICE METRIC ENGINEERING, INC. ▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Clerk Clerk/ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Deputy Land Commissioner Title: Executive Vice President Date of execution: _3/1/2021 Date of execution: 3/1/2021 ATTACHED TO THIS CONTRACT: ATTACHMENT A – FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT B – GENERAL AFFIRMATIONS ATTACHMENT C – REQUIRED INSURANCE INCORPORATED BY REFERENCE: SOLICITATION SOLICITATION RESPONSE ATTACHMENTS FOLLOW GSstBB2019 ASSURANCES – NON-CONSTRUCTION PROGRAMS OMB Approval No. 4040-0007 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of the project described in this application.
2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM’s Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.§794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other non-discrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application.
7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases.
8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the ▇▇▇▇▇- ▇▇▇▇▇ Date of execution: 1/31/2024 Title: CEO Date of execution: 1/30/2024 Attachment A – Scope of Services Act (40 U.S.C. §§276a to 276a-7), the ▇▇▇▇▇▇▇▇ Act (40 U.S.C. §276c and Budget Attachment B – General Affirmations Attachment C – Required Insurance18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333) regarding labor standards for federally-assisted construction subagreements.
Appears in 1 contract
Sources: Services Agreement