REQUEST FOR PROPOSAL NACOGDOCHES ISD

RFP 20.21 – PROFESSIONAL DEVELOPMENT

420 Shawnee

Nacogdoches, Texas 75961 (936) 569-5000 • Fax: (936) 569-5797 www.nacisd.org

We will educate and inspire everyone to achieve excellence. May 20, 2020 INVITATION FOR SEALED COMPETITIVE REQUEST FOR PROPOSAL (RFP) Sealed Competitive Proposals (RFPs) will be received by Nacogdoches Independent School District (hereafter call the District) for Professional Development. Our District has a scoring rubric that will be used to score and award all bids (See Criteria Section). All sealed RFPs will be received until 4 PM, June 10, 2020. Any RFPs received after that time and date will not be considered. Please mail or deliver all sealed proposals to: Lacey Bradshaw, Purchasing & Accounts Payable Specialist Nacogdoches ISD Physical Address: Mailing Address: 420 Shawnee P.O. Box 631521 Nacogdoches, Texas 75961 Nacogdoches, Texas 75963-1521

Faxed proposals will not be accepted. Proposals must be submitted in sufficient time to be received and time-stamped at the above location on or before the published date and time shown on the RFP. NISD will not be responsible for mail delivered from the post office. Vendors: Please be aware of Texas HB 462. Nacogdoches Independent School District will not support/participate and or purchase any resources pertaining to any specific Common Core Initiatives. Please mark your envelope as follows: for RFP 20.21 PROFESSIONAL DEVELOPMENT. Open June 16 at 8am . All sealed RFPs must be submitted on the sheets provided. DO NOT BIND OR STAPLE ANY PAGES. The District reserves the right to reject any and/or all RFPs, to make awards as they may appear to be advantageous to the District and to waive all formalities in awarding. Sealed RFPs received without proper original signature will not be accepted. Your proposal will be appreciated. Sincerely, Lacey Bradshaw Purchasing and Accounts Payable Specialist

NACOGDOCHES INDEPENDENT SCHOOL DISTRICT PROFESSIONAL DEVELOPMENT

SCOPE OF WORK

The Nacogdoches Independent School District (“NISD” and/or the “District”) is soliciting proposals for Professional Development as more fully set out in the Scope of Work and Specific Conditions and Specifications sections of this Request for Proposals (“RFP”) for July 1, 2020-September 30, 2021.

INSTRUCTIONS TO PROPOSERS

The following instructions by the Nacogdoches Independent School District are intended to afford proposers an equal opportunity to participate in the proposal process. Before submitting an offer to this solicitation, proposers shall familiarize themselves with all parts of this solicitation because these parts become a part of any resulting contract.

In order to be in compliance with the State laws regarding purchasing, the Nacogdoches Independent School District is asking for sealed RFPs for the purchase of Professional Development guaranteed beginning July 1, 2020 and ending September 30, 2021. All RFPs must be submitted on the “RFP Sheets” provided. DO NOT BIND OR STAPLE THE PACKET

The Texas Ethics Commission has adopted rules requiring the business entity (vendor) to now file Form 1295 electronically with the Commission. Form 1295 no longer has to be notarized, but the person filing needs to complete an “unsworn declaration” online. A copy of the electronically filed form MUST be included in the packet. See Attachment M

Due to Texas State Law and to comply with Federal (EDGAR) guidelines governing the use of federal funds, Nacogdoches ISD requires vendors to be a member of one of the following cooperatives or to complete the Sole Source Affidavit for consideration unless they are already on file with Region VII’s Purchasing Cooperative. New vendors must complete IRS W-9 Form (Attachment H) and Vendor Request Form (Attachment G)

a. Region IV TCPN b. Region V Food Service Cooperative c. Region VII Purchasing Cooperative d. TIPS-USA e. Region 19 Purchasing Cooperative f. Choice Partners g. HGAC Buy h. Sourcewell i. State of Texas Cooperative j. AmSan- U.S. Commodities Government Purchasing Alliance k. Buy Board Cooperative Purchasing-Texas Association of School Boards

The successful vendor must agree to deliver the service to the Department Director that has purchased the Professional Development.

Submission

1. THE RFPS ARE DUE IN THE BUSINESS OFFICE OF THE NACOGDOCHES INDEPENDENT SCHOOL DISTRICT, 420 SHAWNEE, NACOGDOCHES, TX 75961 ON JUNE 10, 2020 AT 4:00 PM (PER THE CLOCK IN THE EXECUTIVE BOARD ROOM), WHERE THEY WILL BE OPENED. ONLY THE NAMES OF THE COMPANIES SUBMITTING BIDS WILL BE READ ALOUD AT THAT TIME.

2. Multiple awards will be made with this RFP. Each Department Director will make the final

decision on whether the professional development proposed meets the specifications that were requested in the RFP.

3. One (1) hard copy original and two (2) hard copy duplicates with the entire response

submission of the proposal must be submitted in accordance with the instructions set out herein to:

Physical Address: Nacogdoches Independent School District

Lacey Bradshaw, Purchasing and Accounts Payable Specialist 420 Shawnee Nacogdoches, Texas 75961

Mailing Address: Nacogdoches Independent School District

Lacey Bradshaw, Purchasing and Accounts Payable Specialist P.O. Box 631521 Nacogdoches, Texas 75963-1521

4. Faxed proposals will not be accepted. Proposals must be submitted in sufficient time to be received and time- stamped at the above location on or before the published date and time shown on the RFP. NISD will not be responsible for mail delivered from the post office. Vendors must submit sealed proposals in the form of the executed Offer Form and Price Offer Sheets together with any material required by this RFP by the time and date specified.

5. Documents required can be found in the RFP Packet checklist (Attachment B).

Evaluation Factors The evaluations committee will conduct a comprehensive, fair and impartial evaluation of all proposals received in response to this RFP. Each proposal received will be analyzed to determine overall responsiveness and completeness as defined in the scope section and in the instructions on submitting a proposal. Failure to comply with the instructions or to submit a complete proposal may deem a proposal non-responsive and may at the discretion of the Evaluation Committee be eliminated from further evaluation.

If the evaluation committee has reasonable grounds to believe that the proposer with the highest ranking score is unable to perform the required services to the satisfaction of NISD, NISD reserves the right to make an award to another proposer who in the opinion of the evaluation committee would offer NISD the best value. Some indicators (but not a complete list) of probable supplier/proposer performance concerns are: past supplier performance; the proposer’s financial resources and ability to perform; the proposer’s experience or demonstrated capability and responsibility; and the supplier’s ability to provide a reliable on-going business relationship and the maintenance of on- going agreements and support. Criteria

#

Criteria Description

Point Value

1 Purchase Price and total long term cost to the District 25

2 Addressing district needs 25

3 Past relationship with Nacogdoches ISD 10

4 The impact on the ability of the District to comply with laws relating to historically underutilized businesses

5

5 Experience with school districts 5

6 Years in Business 10

7 Vendor response to all required information 10

8 Vendor’s ability to meet the federal and state requirements 5

9 Any other relevant factor that a private business entity would consider in selecting a vendor

5

Total Points 100

Invoices and Payments All invoices shall be mailed to: Nacogdoches ISD Attention: Accounts Payable P. O. Box 631521 Nacogdoches, TX 75963-1521 Vendor invoices shall reflect a purchase order number. Discounts will be taken from the date of receipt of services or of invoice, whichever is later. As pertains to this proposal, date of payment will be considered the date payment is mailed. If no discount is offered or accepted, payment terms will be net 30 days. Invoices shall be itemized. Payment shall not be due until all items on the purchase order have been received by NISD (unless specified in the specifications) or the project has been completed and the above instruments are submitted and the invoice has been accepted by NISD. The district’s obligation is payable only and solely from funds available for the purpose of this purchase. Lack of funds shall render this proposal null and void to the extent funds are not available. Proposer should keep the accounts payable department advised of any changes in their remittance addresses. If the vendor is unable to deliver in the manner specified in the proposal, the district reserves the right to purchase the same or like services on the open market and charge the difference to the vendor. NISD is exempt from federal, state and local sales and use taxes. In the event that taxes are imposed on the goods and/or services purchased, the District will not be responsible for payment of the taxes. The Supplier shall absorb the taxes entirely. The District will supply tax exemption information upon request Conflicts of Interest Any board member which has any substantial interest, either direct or indirect, in any business entity seeking to proposal with the district, shall, before any vote or decision on any matter involving the business entity, file an affidavit stating the nature and extent of interest and shall abstain from any participation in the matter. This is not required if the vote or decision will not have any special effect on the entity other than its effect of the public. However, if a majority of the governing body is also required to abstain from further participation. The attached Conflict of Interest Questionnaire form must also be submitted with the proposal. See Attachment J. Relationship of Parties It is understood and agreed that the Supplier is a separate legal entity from NISD and neither it nor any employees, volunteers, or agents contracted by it shall be deemed for any purposes to be employees or agents of NISD. Nothing herein shall be construed as creating the relationship of employer or employee between the district and the vendor or between the district and the vendor’s employees.

The district shall not be subject to any obligations or liabilities of the proposer or his/hers employees, incurred in the performance of the proposal unless otherwise herein authorized. The vendor is an independent vendor and nothing contained herein shall constitute or designate the vendor or any of his/hers employees as employees of the district. Neither the vendor nor his/hers employees shall be entitled to any of the benefits established for district employees, nor be covered by the district’s workers’ compensation program. Termination The district may, by written notice to the vendor, cancel this proposal without liability if it is determined by the district that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the vendor, or any agent or representative of the vendor, to any officer or employee of the Nacogdoches ISD with a view toward securing a proposal or securing favorable treatment with respect to the awarding or amending, or the making or any determinations with respect to the performing of such a proposal. In the event this proposal is canceled by the district pursuant to this provision, the district shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the vendor in providing such gratuities. The award of this proposal is dependent on the availability of funding. In the event funds do not become available, the proposal may be terminated, or the scope amended. A 30-day written notice will be given to the vendor, and there shall be no penalty or removal charges incurred by the district. Dispute Resolution Both parties agree that venue for any litigation arising from this proposal shall lie in Nacogdoches, Texas, Nacogdoches County. Third Parties Nothing relating to this project shall be deemed or construed to create any third party beneficiaries or otherwise give any third party any claim or right of action against NISD or the Supplier(s). The district makes no warranty that the services/benefits according to the specification will not give rise to such a claim and in no event shall the district be liable to the vendor for indemnification in the event that vendor is sued on the grounds of infringement or the like. If vendor is of the opinion that an infringement or the like will result, vendor will notify the district to this effect in writing within two weeks after the signing of this proposal. If the district does not receive notice and subsequently held liable for the infringement or the like, the vendor will save the district harmless (if the vendor in good faith ascertains that production of goods/services in accordance with the specifications will result in infringement of the like, this proposal shall be null and void except that the district will pay the vendor the reasonable cost of his search as to infringements). Insurance The selected vendor(s) will be required to supply a Certificate of Liability insurance in the amount of $1,000,000 naming Nacogdoches ISD as an additional insured.

Insurance Requirements: Limits:

A. General Liability General Aggregate $1,000,000

Products - Comp/or Agg $1,000,000

Commercial General Liability Personal & Adv. Injury $1,000,000

Claims Made Occur. Each Occurrence $1,000,000

Owner's Proposer's Prot. (Note A) Fire Damage (Any one Fire) $50,000

Med. Expense (any one person) $5,000

B. Automobile Liability Combined Single Limit $1,000,000

Any Auto Bodily Injury

All Owned Autos (Per Person)

Scheduled Autos Bodily Injury

Hired Autos (Per Accident)

Non-Owned Autos Property Damage

Garage Liability

C. Umbrella form - Excess Liability

State the limits that your Company carries

D. Worker's Compensation and Employer's Liability

Statutory

Each Accident $500,000

Disease - Polity Limit $500,000

Disease - Each Employee $500,000

Note A: - Owner’s Proposer’s Protection shall include: (1) Premises - Operations, (2)

Independent Contractors, (3) Products - Completed Operations, (4) Contractual Liability, and (5) Board Form Property Damage.

Opening Proposals The proposals will not be publicly opened and read. The District will require the vendor to complete a District contract for services which is included in the proposal packet after the list of vendors have been approved by the Nacogdoches ISD Board of Trustees. No faxed or emailed proposals will be accepted. Questions concerning the proposal and services requested are encouraged to be emailed to the contacts listed in this proposal. The Chief Financial Officer may open unlabeled submittals to properly identify them. Proposers are therefore advised to correctly label their submittals in order to protect the integrity of their proposals and to fully avail themselves of the proposal process. Proposer accepts all responsibility for forwarding the proposal to the address above within the specified time or it will be returned unopened. If the envelope does not reflect a return address, it will be opened for the sole purpose of obtaining the return address. No verbal or informal amendment to this solicitation shall be binding on Nacogdoches ISD. Any changes to the solicitation will be made by amendment, delivered to all parties which the district shows as having received a copy of the solicitation. No change to the solicitation will be made except by formal written amendment signed by the Chief Financial Officer. The district reserves the right to accept or reject any or all proposals, to waive all proposals, to waive all technicalities, and to accept the proposal or proposals that are determined to be the most favorable to the district. This solicitation does not commit Nacogdoches ISD to pay any costs incurred in preparing and submitting the proposal or to contract for the services specified. Ongoing documentation by using department(s) regarding a company’s past performance may be used in determining the proposer’s responsibility for award purposes of this and future awards. Once proposals are received, the district will review and rank the vendors. Once this process is complete, administration will make a recommendation of vendor(s) to the Nacogdoches ISD Board of Trustees at the November board meeting but no later than the December board meeting. All questions concerning this proposal should be emailed to Dr. Daya Hill, Chief Academic Officer and copied to Lisa Barbarick, Chief Financial Officer at the following email addresses: dhill@nacisd.org, and lbarbarick@nacisd.org.

Attachment A

RFP RESPONSE FORM RFP 20.21 – Professional Development

Please Submit all the required documents and signature as required in this RFP document along with your quotes on each vehicle that you are submitting for consideration. I understand that the RFP submitted incorporates all of the requirements contained in the RFP and our company is in a position to comply with same. Company: ________________________________________________________________________________________ Address: _________________________________________________________________________________________ City State Zip: _____________________________________________________________________________________ Telephone Number: ________________________________________________________________________________ Fax Number: ______________________________________________________________________________________ Bid Contact Name & Email: __________________________________________________________________________ Sales Contact Name & Email: ________________________________________________________________________ Company Website: _________________________________________________________________________________ Federal Tax Identification Number: _____________________________________________________________________ I, the undersigned, as the owner or legally authorized representative of the above named company, by signing the following statement, agree that I have READ and UNDERSTAND all of the Instructions and Specifications contained herein, and that if accepted by Nacogdoches ISD, all of the provisions are part of a binding contract between NISD and our company. I also certify that this bid is made without previous understanding, agreement, or connections with any person, firm or cooperation making a proposal for the same contract, and is in all ways fair and without collusion or fraud. Printed Authorized Signer’s Name: _____________________________________________________________________ Authorized Signer’s Title: ____________________________________________________________________________ Authorized Signature: _________________________________________________Date: _________________________

Attachment B

RFP PACKET CHECKLIST

To be considered a responsive RFP, all pages requiring signature plus any/all attachments or documents requested, must be completed with all the requested information, SIGNED and RETURNED sealed in an envelope or other appropriate package adequate to conceal and contain the contents prior to the RFP date and time. YOU MUST RETURN THIS CHECKLIST WITH THE RFP PACKET. √ Attachment Description of Document A RFP Response Form

B RFP Packet Checklist

C Purchase Terms and Condition

D Deviation/Compliance Signature Form

E Specification Sheet with price for the vehicle(s) proposed

F Vendor Capabilities

G NISD Vendor Request Form

H W-9 Request for Taxpayer Identification Number and Certification

I Contract Provisions

J Form CIQ Conflict of Interest Questionnaire

K Felony Conviction Disclosure Statement

L Debarment or Suspension Certification

M Copy of Form 1295 Electronically Filed on the Texas Ethics Commissions Website

N SB 252 Verification - Terrorist Organizations

O HB 89 Verification – Does not/Will not Boycott Israel

P Non-Collusion Statement

Q Residency Certification

FAILURE IN DOING ANY OF THE ABOVE ITEMS MAY RESULT IN YOUR PACKET BEING REJECTED.

Attachment C

PURCHASE TERMS AND CONDITIONS 1. GENERAL CONDITIONS:

Vendors are required to submit proposals under the following express conditions; a) Vendors shall thoroughly examine the, specifications, schedules, instructions, and all other contract documents. b) Vendors shall make all investigations necessary to thoroughly inform themselves regarding equipment as

required by the RFP conditions. No plea of ignorance by the vendor of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the vendor to make the necessary examinations and investigations or failure to fulfill in every detail the requirements of the contract documents will be accepted as a basis for varying the requirement of the District or the compensation to the vendor.

c) Vendors are advised that the District contracts are subject to all legal requirements provided for in the Texas Education code 21.901 and/or applicable state and federal statutes. Any RFP after being opened becomes subject to the Open Records Act, Article 6252-17A VTCS.

d) All contracts and agreements between vendor and the District shall strictly adhere to the statutes as set forth in the Uniform Commercial Code as last amended in 1977 by the American Law Institute in the National Conference of Commissioners on Uniform State Laws. Reference: Uniform Commercial Code, 1987 official text.

e) No officer or employee of the District shall have a financial interest, direct or indirect, in any contract with the District, or shall be financially interested directly or indirectly in the sale to the District of any materials supplies or service except on behalf of the District as an officer or employee.

f) Any purchase order resulting from this Sealed Competitive Request for Proposal is subject to cancellation, without penalty, either in whole or in part, if funds are not appropriated by the Texas Legislature or otherwise not made available to the ordering user.

2. PREPARATION OF RFPS: RFPS will be prepared in accordance with the following:

a) All information required by the RFP form shall be furnished. b) Where there is an error in extension of price, the unit price shall govern. c) Alternate RFPS will not be considered unless authorized by the Invitation for Sealed Competitive Request for

Proposal. d) Vendors will not include federal taxes nor State of Texas limited sales excise or use taxes in bid prices since

the District is exempt from payment of such taxes. An exemption certificate will be signed where applicable upon request.

3. DESCRIPTION OF ITEMS: Any catalog or manufacturer’s reference used in describing an item is merely descriptive, and not restrictive, unless otherwise noted, and is used only to indicate type and quality of material. Vendors are required to state exactly what they intend to furnish; otherwise, they shall be required to furnish the items as specified.

4. SUBMISSION OF RFPS: a) Sealed RFPS shall be addressed to Nacogdoches Independent School District, Attn: Lacey Bradshaw,

Purchasing and Accounts Payable Specialist, 420 Shawnee, Nacogdoches, TX 75961. The name and address of vendor, the date and hour of the bid opening, and the type of bid shall be placed on the outside of the envelopes.

b) RFPS must be submitted on the forms furnished. DO NOT BIND OR STAPLE BID PACKET. c) Samples, when required, must be submitted within the time specified, at no expense to the District. If not

destroyed or used up during testing, samples will be returned upon request at the vendor’s expense. d) By submitting a RFP, vendor certifies to the best of his/her knowledge that all information is true and correct. e) All bids will be awarded by our District Department Directors based on the rubric scoring sheet.

5. REJECTION OF RFPS: a) The District may reject a RFP if

1) the vendor misstates or conceals any material fact in the RFP, or if 2) the RFP does not strictly conform to law or the requirements of the RFP.

b) The District may, however, reject all RFPS whenever it is deemed in the best interest of the District to do so. The District may also waive any minor informalities or irregularities in any RFP to include, failure to sign RFP copies, failure to submit literature or similar attachments, or business affiliation information.

6. WITHDRAWAL OF RFPS: RFPS may not be withdrawn after the time set for the bid opening unless approved by the Administrative Assistant for Chief Financial Officer.

7. LATE BIDS OR MODIFICATIONS: RFPS and modifications received after the time set for the bid opening will not be considered.

8. DISCRIMINATORY PRACTICES:

Attachment C

During the performance of this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of race, color, national origin, age, religion, gender, marital or veteran status, or handicapping condition.

9. CLARIFICATION OF OBJECTION TO RFP SPECIFICATIONS: If any person contemplating submitting a RFP for this contract is in doubt as to the true meaning of the RFP specifications, or other RFP documents or any part thereof, he/she may submit a written request for clarification to the Administrative Assistant for Chief Financial Officer at least five days prior to scheduled opening. Any interpretation of the RFP, if made, will be made by Addendum duly issued and mailed or delivered to each person receiving an Invitation for Sealed Competitive Request for Proposal. The District will not be responsible for any other explanation or interpretation of the proposed RFP made or given prior to the award of the contract. Any objections to the specifications and requirements as set forth in this RFP must be filed in writing with the Administrative Assistant for Chief Financial Officer.

10. SHIPPING, HANDLING, DESTINATION CHARGES, ETC.: RFP prices are to include all shipping, handling, destination charges, etc. for orders.

11. AWARD OF CONTRACT: The contract will be awarded to the vendors whose RFPS, conforming to the Invitation for Sealed Competitive Request for Proposal, is most advantageous to the District; price, quality and suitability to purpose will be the controlling factors and the District reserves the right to arrive at such by whatever means deemed appropriate.

12. PAYMENT BY DISTRICT DIRECTOR, WHICH HAS PLACED AN ORDER: The District or member will pay for the requested goods and/or services as promptly as possible, but in any event, no later than thirty (30) days after a) receipt of the goods, or b) the day the service is complete, or c) the day the District or member receives the invoice for the goods and/or services, whichever is later.

13. SHIPMENT UNDER RESERVATION PROHIBITED: Seller is not authorized to ship goods under reservation and no tender of a bill of lading will operate as a tender of goods.

14. TITLE AND RISK OF LOSS: The title and risk of loss of the goods shall not pass to the Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery.

15. DELIVERY TERMS AND TRANSPORATION CHARGES: Free on Board (F.O.B.) Destination Freight Prepaid unless delivery terms are specified otherwise in bid. Buyer agrees to reimburse Seller for transportation costs in the amount specified in Seller’s RFP or actual costs, whichever is lower, if the quoted delivery terms do not include transportation costs, provided Buyer shall have the right to designate what method of transportation shall be used to ship the goods.

16. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of goods must fully comply with all provisions of this contract as to the time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may seasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward.

17. PLACE OF DELIVERY: The place of delivery shall be that set forth in the block of the purchase order or purchase release entitled “Receiving Agency.” Any change thereto shall be effected by modification as provided for in Clause 20. “Modifications,” hereof. The terms of this agreement are “NO ARRIVAL, NO SALE.”

18. INVOICES AND PAYMENTS: Seller shall submit separate invoices, in duplicate, on each purchase order or purchase release after delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number as applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill when applicable should be attached to the invoice and mailed to accounts payable. Payment shall not be due until the above instruments are submitted after delivery. Suppliers should keep the Finance Department or Purchasing Department advised of any changes in your remittance addresses. Buyer’s obligation is payable only and solely from the funds available for the purpose of this purchase. Lack of funds shall render this contract null and void to the extent funds are not available and any delivered but unpaid for goods will be returned to the Seller by the Buyer. Do not include Federal Excise, State or City sales tax. Entity shall furnish exemption certificate.

19. GRATUITIES: The buyer may by written notice to the Seller, cancel this contract without liability to Seller, if it is determined by the Buyer that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the District or member with a view toward securing

Attachment C

a contract or securing a contract or securing favorable treatment with respect to awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event this contract is cancelled by the Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities.

20. SPECIAL TOOLS AND TEST EQUIPMENT: If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by the Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer, and to the extent feasible shall be identified by the seller as such.

21. WARRANTY – PRICE: a) The price to be paid by the Buyer shall be that contained in the Seller’s bid which Seller warrants to be no higher

than Seller’s current prices on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller’s current prices on orders by others, or in the alternative, Buyer may cancel this contract without liability to Seller for breach or Seller’s actual expense.

b) The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or violation of this warranty the Buyer shall have the right to cancel this contract without liability and to deduct from the contract price, or otherwise recover the full amount of such commission percentage, brokerage or contingent fee.

22. WARRANTY – PRODUCT: Seller shall not limit or exclude any implied warranties and attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specifications, drawings and descriptions listed in the bid invitation, and to the sample(s) furnished by the Seller, if any. In the event of a conflict between specifications, drawings and descriptions, the specification shall govern.

23. SAFETY WARRANTY: Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at the Seller’s expense. In the event Seller fails to make the appropriate correction within a reasonable time (15 working days) correction made by the Buyer will be at the Seller’s expense.

24. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS: As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement or the like. Buyer makes no warranty that the production of goods according to the specifications will not give rise to such a claim, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement of the like. If Seller is of the opinion that an infringement or the like will result, he will notify Buyer to this effect in writing within fourteen (14) days after the signing of this agreement. If Buyer does not receive notice and is subsequently held liable or the infringement or the like, Seller will save Buyer harmless. If Seller in good faith ascertains that production of the goods in accordance with the specifications will result in infringement or the like, this contract shall be null and void except that Buyer will pay Seller the reasonable cost of his search as to infringements.

25. RIGHT OF INSPECTION: Buyer shall have the right to inspect the goods at delivery before accepting them.

26. CANCELLATION: Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of seller or if the seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. The performance of work under the order is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of rights of Buyer set forth in Clause 15 herein.

27. FORCE MAJEURE; If, by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part in carrying out its obligation under this agreement, then such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time fourteen (14 days) after occurrence of the event or cause relied upon, and the obligation of the party giving such notice so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term

Attachment C

Force Majeure as employed herein, shall mean Acts of God, strikes, lockouts or other industrial disturbances, acts of public enemy, orders of any kind of government of the United States or Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement to strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlements is unfavorable in the judgment of the party having the difficulty.

28. ASSIGNMENT – DELEGATION: No right or interest of this contract shall be assigned or delegation of any obligation made by Seller without written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

29. WAIVER: No claim or right arising out of a breach of this contract can be discharged in whole or part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.

30. MODIFICATIONS: This contract can be modified or rescinded only by a writing signed by both of the parties or their duly authorized agents. This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealing between parts of no usage of trade shall be relevant to supplement or explain any term used in this agreement. Acceptance or acquiescence in a course of performance rendered under this agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the code us to control.

31. APPLICABLE LAW: This agreement shall be governed by the Uniform Commercial Code. Whenever the term “Uniform Commercial Code” is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective in force on the date of this agreement.

32. ADVERTISING: Seller shall not advertise or publish, without Buyer’s prior consent, the fact that Buyer has entered into this contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state or local government.

33. RIGHT TO ASSURANCE: Whenever one party to this contract in good faith has reason to question the other party’s intent to perform he may demand that the other party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract.

34. VENUE: Both parties agree that venue for any litigation arising from this contract shall be Nacogdoches, Texas, Nacogdoches County, Texas.

35. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer or district employee shall have a financial interest, direct or indirect, in any contract with the district or districts, or shall be financially interested, directly or indirectly, in the sale to the member or members of any land, materials, supplies or services, except on behalf of the member or members as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any other offer or employee guilty thereof shall be subject to removal from his office or position. Any violation of this section, with the knowledge, expressed or implied of the person or corporation contracting with member or members shall render the contract null and void.

36. TERM OF CONTRACT: It is anticipated the term of the contract will be from July 1, 2020 through September 30, 2021. RFP price must remain firm for acceptance for 90 days from bid opening date. Bid price, if accepted, must then remain firm or decrease until end of contract. The District reserves the right to cancel this contract at any time prior to the ending contract date by written notice.

37. TERM OF SERVICE: The Vendor (Contractor) must provide “Warranty or Extended Warranty” services for purchased systems for at least six (6) months from the District’s acceptance date. An item ordered from the replacement or upgrade equipment section is to include a minimum warranty of ninety (90) days. The vendor shall be required to honor all contract purchase orders that were prepared and dated prior to the date of expiration of the contract, if received by the contractor within a period of

Attachment C

fifteen (15) days following the date of expiration. This provision shall also apply to the contract extension options, if exercised.

38. PRICE DECREASES: In the event of a price decrease to the general trade during the full term of the contract, such decrease must be allowed the District for all configuration and components included in this contract.

39. DELIVERY RESPONSE: Failure of the Vendor (Contractor) to notify the ordering purchaser District or member sufficiently in advance of inability to complete shipment within the designated timeline, and with acceptable reasons, shall give the District the option of canceling the Contract Purchase Order, purchasing from another source, and charging the Vendor (Contractor) the difference between the contract price and the actual purchase price.

40. PURCHASES FROM OTHER SOURCES: The District reserves the exclusive option to purchase through Open Market or from outside independent bids advertisement bulk quantities of all equipment listed herein when determined to be in the purchaser’s best interest. The District shall be the sole judge as to the “Purchaser’s best interest.”

41. SUBSTITUTION OF EQUIPMENT: Following the contract award, alterations in product manufacturing, fabrication or delivery of substitute commodities (models) require prior written approval of the District.

42. NO GUARANTEE ANNUAL VOLUME: This is an RFP for purchases as funds become available, however, there is no commitment to purchase any given number of products.

43. PATENTED OR COPYRIGHT PROTECTED ITEMS: In the event any article to be sold or delivered hereunder is covered by a patent, copyright, trademark, or application thereof, the seller shall indemnity and hold harmless the District or member for any and all loss, cost, expenses and legal fees on account of any claims, legal actions or judgments on account of manufacture, sale or use of such article in violation of infringement or the like of rights under such patent, copyright, trademark or application.

44. MAINTENANCE SERVICE REQUIREMENTS: On-site maintenance service must be available to the District or member. Vendor should submit warranty/maintenance service plan with RFP. Copies of their party maintenance agreements may be required. Plan and agreements must be supplied within ten (10) days if requested.

Questions concerning the terms and conditions will be directed in writing to the District’s Purchasing Department for receipt no later than ten (10) calendar days prior to the “bid opening” date. Inquiries must reference the date of “bid opening.” Having carefully examined the Purchase Terms and Conditions of Invitation for Sealed Competitive Request for Proposal, the undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the specifications and conditions contained in this document. SIGNATURE: _________________________________________________ DATE: ____________________ PRINTED NAME: _______________________________________________ VENDOR NAME: _______________________________________________

Attachment D

DEVIATION/COMPLIANCE SIGNATURE FORM If the undersigned Firm intends to deviate from the Specifications listed in this bid/RFP document, all such deviations must be listed on this page, with complete and detailed conditions and information included or attached. The District will consider any deviations in its bid/RFP award decisions, and the District reserves the right to accept or reject any bid/RFP based upon any deviations indicated below or in any attachments or inclusions. In the absence of any deviation entry on this form, the Firm assures the District of his/her full compliance with the Terms and Conditions, Specifications, and all other information contained in this bid/RFP document.

______ No Deviations

______ Yes Deviations

Firm’s Name: __________________________________________________________________

Name of Authorized Company Official: _____________________________________________ (Typed or Printed)

Title of Authorized Company Official: ______________________________________________ (Typed or Printed) __________________________________________________ ________________________

Signature of Authorized Company Official Date Signed If yes is checked, please list below. Attach additional sheet(s) if needed:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Attachment E

Required information for Professional Development for RFP Nacogdoches ISD

May 2020 Early Childhood Program

● Professional learning for Prekindergarten High Quality Program Components, including Student Progress Monitoring, Family Engagement, Curriculum, Data Reporting, Program Evaluation, Teacher Qualifications, and Teacher to Student Ratio

Web-Based Programs

● Web-based content programs that are utilized for instructional support, targeted, individualized student needs, and initial credit or credit recovery.

English Language Arts/Reading ● Grades PreK-2 Classroom walkthroughs/Fidelity checks focused on implementation of

reader’s and writer’s workshop and guided reading (running records, guided reading, interactive writing tools and techniques, writer’s and reader’s workshop components).

● Grades PreK-2 Classroom walkthroughs/Fidelity checks focused on implementation of reader’s and writer’s workshop.

● Grades 1-2 grades writer’s workshop and 1-4 grades balanced literacy components and research based practices training. Participants will synthesize, adapt, and transfer current and new learning to provide effective reading/writing instruction, practice, and assessment.

● PreK - 4th grades balanced literacy and evidence based practices. Participants will synthesize, adapt, and transfer current and new learning to provide effective reading/writing instruction, practice, and assessment.

● Grades K-2 coaching (teachers, curriculum assistant principals, campus and district administration) focused on implementation of guided reading, interactive writing, and running records.

● ELAR alignment walkthroughs for grades PreK-12. ● Instructional support for the implementation of new TEKS, adoptions, and required

assessment/instruments. ● Writing practices and expectations for PreK-12.

Science

● Grades 5-12 science instruction based on Inquiry Based Learning strategies and notebooking strategies.

● Professional learning sessions focused on evidence based best practices in the PreK-12 Science classrooms.

● Instructional support for the implementation of new TEKS, adoptions, and required assessment/instruments.

Attachment E

Math ● Grades K-5 Content building and instructional strategies focused on building numeracy ● Grades 1-4 Math Workshop focused on Guided Math and stations ● Vertical Alignment of PreK-12 curriculum to ensure alignment of teaching practices and

vocabulary. Identification of essential standards will be the result of the vertical alignment meetings.

● Grades 6-8 Building Numeracy Skills with addition, subtraction, multiplication, division, fractions, percents, and proportional reasoning.

● Professional learning sessions focused on evidence based best practices in the 6-12 Math classrooms.

● Vertical Alignment of PreK-12 curriculum to ensure alignment of teaching practices and vocabulary. Identification of essential standards will be the result of the vertical alignment meetings.

● Instructional support for the implementation of new TEKS, adoptions, and required assessment/instruments.

Social Studies

● Professional learning sessions focused on evidence based best practices in the PreK-12 Social Studies classrooms.

● Instructional support for the implementation of new TEKS, adoptions, and required assessment/instruments.

ESL/Bilingual/Dual Language Program Professional Development ● Professional development sessions that prepare teachers and administrators in dual

language implementation programs to promote culturally and linguistically responsive instruction, curriculum and assessment, but also supports EL families and communities.

● Professional development to increase implementation of dual language environment, bilingual groups, bilingual pairs, project based learning, bilingual research centers strategies, dual language lesson cycles to increase interactive and authentic activities, content and reflective writing across curriculum, and creating specialized academic vocabulary enrichment

● Professional learning sessions that include components and strategies used on the dual Language program and identify the instructional practices that improve learning and plan for re-engagement.

● Professional Development designed to ensure the access to essential grade-level standards for all students and proactively schedule time for supplemental interventions as conceptual refinement.

● The PD must focus on support vocabulary development that will be transfer to English. Training must be designed to provide best practices targeted to ELs and examples of activities that teachers can use to support vocabulary development and rigorous, engaging instruction through the use of dual language model as Interactive Word Walls, bilingual pairs and learning communities.

● Grade PreK-5 Classroom walkthroughs/Dual Language Fidelity checks focused on implementation of the components of district dual Language Model.

Attachment E

● Professional learning sessions that support bilingualism, biliteralism, cross-culturalism for all teachers and administrators.

Administrator Professional Development

● Professional learning for systematic operations that include meeting state requirements for program compliance and federal statutes, including: accountability, high-quality programs, and training for faculty and staff.

● Professional learning sessions to increase instructional leader capacity to include professional learning communities (PLC)/Backwards Design/Response to Intervention (RtI)/Differentiation. These processes are not taught in isolation as individual components. Training will include all district, campus based administrators, and teacher leaders.

● Professional learning sessions focused on instructional coaching. ● Professional learning focused on instructional classroom walkthroughs. ● Professional learning and coaching that focuses on creating a tiered system of support

that includes: ○ Tier 1 core instruction that ensures all students have access to a rigorous,

essential grade-level curriculum, highly effective teaching, and embedded academic and behavioral support.

○ Tier 2 supplemental interventions that support students in a grade-level curriculum, immediate prerequisite skills, and academic and social behavior expectations.

○ Tier 3 intensive interventions that develop foundational prerequisite academic skills (reading, numeracy, writing, and English language) and behaviors without removing students from essential grade-level curriculum; and

○ Focuses on the four essential elements of a successful RTI model: collective responsibility, concentrated instruction, convergent assessment, and certain access.

● RtI Coaching for District and Campus Administrators that focus on question three (How will we respond when some students do not learn it?) and include, but not limited to the monitoring of team activities and successes and mini coaching for leaders and teacher teams regarding PLCs and RtI practices.

● Ongoing coaching/mentoring in the Big Ideas of PLC and creating action plans for utilizing data to change instructional practices for district and campus administrators.

● Professional learning sessions focused on preparing participants to examine and evaluate deep alignment issues in order to improve student achievement.

● Professional learning focused on examining and evaluating deep alignment issues to improve student achievement and the five Curriculum Management Audit™ standards written by Fenwick English to maximize student achievement:

● planning and change; ● curriculum scope; ● staff development; ● assessment scope and trend data; and ● planning and the change intervention process.

Attachment E

Behavior Support Provide professional development to designated campus staff that includes positive behavior support to improve classroom and campus behavior; increase academic engagement resulting in improved student achievement; develop a common language about behaviors among all staff; and create a plan for orienting and supporting new staff. Professional learning sessions will include research based methods for classroom management and campus expectations. During the professional development sessions, staff will:

● Establish a vision for their classrooms ● Organize classrooms for student success ● Prepare for the first month of school ● Specify classroom behavioral expectations ● Motivate even the most uncooperative students ● Monitor and revise classroom behavioral plans ● Correct specific misbehaviors

● Review CPI training certifications for campus crisis teams

Student Support Services and Deaf Education

Provide professional development to designated district and campus staff that include

● Professional learning sessions that include components and strategies used with students served by special education and deaf education programs and identify the instructional practices that improve learning, language, communication, and function.

● Professional development that include components and strategies for district and campus staff related to Admission Review and Dismissal Committees, writing present levels of academic and functional performance, writing goals and objectives, accommodation, services, and modifications.

● Professional learning sessions that include components of state assessment regulations, procedures, administration, and strategies.

● Professional development that includes components and strategies related to special education and deaf education evaluations.

● Professional development that includes legal components, strategies, and ethics related to special education and deaf education

● Professional development that includes components and strategies related to social work, nursing, counseling, transition, and graduation.

● Professional development that includes components and strategies related to paraprofessional responsibilities.

● Professional development that includes components and strategies related to sign language and interpreting.

● Professional development that includes administration of special programs, accountability, funding, and evaluation.

● Professional development that includes nonviolent crisis intervention components, strategies, and techniques.

Attachment E

Social Emotional Learning (SEL) Training

Professional development that includes an increased knowledge and understanding of both student and adult SEL strategies. The professional development sessions may include, but limited to the following topics:

● Self-awareness: Know your strengths and limitations, with a well-grounded sense of confidence, optimism, and a “growth mindset.”

● Self-management: Effectively manage stress, control impulses, and motivate yourself to set and achieve goals.

● Social awareness: Understand the perspectives of others and empathize with them, including those from diverse backgrounds and cultures.

● Relationship skills: Communicate clearly, listen well, cooperate with others, resist inappropriate social pressure, negotiate conflict constructively, and seek and offer help when needed.

● Responsible decision-making: Make constructive choices about personal behavior and social interactions based on ethical standards, safety, and social norms.

Restorative Discipline (RD)

Professional development sessions that include information regarding RD. RD is a part of the Multi-tiered Systems of Support (MTSS). Restorative Discipline flips the script on traditional behavior management by focusing on community building and the development of strong and powerful relationships, not just punishment. RD challenges students to understand how their actions affect others and why they might have taken those actions. By doing this, the focus is on repairing social injury and damage, and empowering students to be the best they can possibly be.

Attachment F

VENDOR’S CAPABILITIES ` 1. Company Name: _____________________________________________________________________________

Address: ________________________________________________________________________________

________________________________________________________________________________________ Telephone: ___________________________ Email Address: ______________________________________ 2. List office nearest to Nacogdoches:

Name: __________________________________________________________________________________ Address: ________________________________________________________________________________

_______________________________________________________________________________________ List office nearest to Houston/Dallas: Name: __________________________________________________________________________________ Address: ________________________________________________________________________________

_______________________________________________________________________________________ 3. How long has your company done business in East or Southeast Texas under its existing name? ________years

4. If the company does not have a local office in East or Southeast Texas, how does the company propose to meet

the District needs? ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ 5. Does the company have personnel who can visit the District when information may be needed or problems

resolved? ______Yes ______No 6. Can the company provide one catalog/price list to the administration building of the District?

______Yes ______No If no, what can be provided? ______________________________________________________________________________________________ ______________________________________________________________________________________________

7. Do you have a toll-free telephone number for use by your customers? ______Yes ______No

Attachment F

If “Yes” what is the toll free telephone number? __________________________________________________ 8. Are there limitations in your ability to receive and deliver purchases to the District and participating school districts?

If so, explain below. ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ 9. Does your company have a website? ______Yes ______No

If "Yes" what is the website address ____________________________________________________________

Vendor Request Form 10.24.18

Attention Vendors: Please complete this form in addition to the W-9

Name as shown on the W-9:

Remit to Information:

Payee:

Address: Phone Number(s): ( ) Fax Number: ( )

Order from Info (if different from W-9 or Remit to Information):

Address:

Phone Number: ( ) Fax Number: ( )

Required Cooperative Memberships: (check box or list memberships)

Region IV TCPN _____ Region V Food Service _____ Region VII _____ Region VI TCPN _____

TIPS-USA _____ Region 19 _____ AmSam _____ Buy Board (TASB) _____ Choice Partners _____

HGAC Buy ____ Sourcewell ____ TxSmartBuy ____

NISD USE ONLY 1099 Misc? Yes _ ____No Reason for no 1099

Attachment G

Form W-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service

Request for Taxpayer Identification Number and Certification

Go to www.irs.gov/FormW9 for instructions and the latest information.

Give Form to the requester. Do not send to the IRS.

Prin

t or t

ype.

S

ee S

peci

fic In

stru

ctio

ns o

n pa

ge 3

.

1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.

2 Business name/disregarded entity name, if different from above

3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes.

Individual/sole proprietor or C Corporation S Corporation Partnership Trust/estate single-member LLC

Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.

Other (see instructions)

4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3):

Exempt payee code (if any)

Exemption from FATCA reporting code (if any)

(Applies to accounts maintained outside the U.S.)

5 Address (number, street, and apt. or suite no.) See instructions. Requester’s name and address (optional)

6 City, state, and ZIP code

7 List account number(s) here (optional)

Part I Taxpayer Identification Number (TIN) Social security number

–

–

Employer identification number

–

Part II Certification

Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.

Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue

Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

Sign Here

Signature of U.S. person Date

General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid)

• Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property)

Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.

If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.

Cat. No. 10231X Form W-9 (Rev. 10-2018)

Attachment H

Page 2 Form W-9 (Rev. 10-2018)

By signing the filled-out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a

number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt

payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and

4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting, later, for further information. Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners’ share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income.

In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States. • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a “saving clause.” Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.

If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items.

1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.

2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the

saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption

from tax. 5. Sufficient facts to justify the exemption from tax under the terms of

the treaty article.

Example. Article 20 of the U.S.-China income tax treaty allows an

exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.

If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233.

Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.

You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if:

1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the instructions for

Part II for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding

because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or

5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only).

Certain payees and payments are exempt from backup withholding. See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information.

Also see Special rules for partnerships, earlier.

What is FATCA Reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information.

Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies.

Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty.

Page 3 Form W-9 (Rev. 10-2018)

Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.

Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return.

If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9.

a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note: ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application.

b. Sole proprietor or single-member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or “doing business as” (DBA) name on line 2.

c. Partnership, LLC that is not a single-member LLC, C corporation, or S corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2.

d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2.

e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a “disregarded entity.” See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, “Business name/disregarded entity name.” If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN.

Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2.

Line 3 Check the appropriate box on line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3.

IF the entity/person on line 1 is a(n) . . .

THEN check the box for . . .

• Corporation Corporation • Individual • Sole proprietorship, or • Single-member limited liability company (LLC) owned by an individual and disregarded for U.S. federal tax purposes.

Individual/sole proprietor or single- member LLC

• LLC treated as a partnership for U.S. federal tax purposes, • LLC that has filed Form 8832 or 2553 to be taxed as a corporation, or • LLC that is disregarded as an entity separate from its owner but the owner is another LLC that is not disregarded for U.S. federal tax purposes.

Limited liability company and enter the appropriate tax classification. (P= Partnership; C= C corporation; or S= S corporation)

• Partnership Partnership • Trust/estate Trust/estate

Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you. Exempt payee code. • Generally, individuals (including sole proprietors) are not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys’ fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC.

The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4.

1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2)

2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or

possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies,

or instrumentalities 5—A corporation 6—A dealer in securities or commodities required to register in the

United States, the District of Columbia, or a U.S. commonwealth or possession

7—A futures commission merchant registered with the Commodity Futures Trading Commission

8—A real estate investment trust 9—An entity registered at all times during the tax year under the

Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial institution 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947

Page 4 Form W-9 (Rev. 10-2018)

The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13.

IF the payment is for . . . THEN the payment is exempt for . . .

Interest and dividend payments All exempt payees except for 7

Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012.

Barter exchange transactions and patronage dividends

Exempt payees 1 through 4

Payments over $600 required to be reported and direct sales over $5,0001

Generally, exempt payees 1 through 52

Payments made in settlement of payment card or third party network transactions

Exempt payees 1 through 4

1 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys’ fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency.

Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with “Not Applicable” (or any similar indication) written or printed on the line for a FATCA exemption code.

A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37)

B—The United States or any of its agencies or instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or

possession, or any of their political subdivisions or instrumentalities D—A corporation the stock of which is regularly traded on one or

more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i)

E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i)

F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state

G—A real estate investment trust H—A regulated investment company as defined in section 851 or an

entity registered at all times during the tax year under the Investment Company Act of 1940

I—A common trust fund as defined in section 584(a) J—A bank as defined in section 581 K—A broker L—A trust exempt from tax under section 664 or described in section

4947(a)(1)

M—A tax exempt trust under a section 403(b) plan or section 457(g)

plan Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed.

Line 5 Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, write NEW at the top. If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records.

Line 6 Enter your city, state, and ZIP code.

Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below.

If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN.

If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s SSN (or EIN, if the owner has one). Do not enter the disregarded entity’s EIN. If the LLC is classified as a corporation or partnership, enter the entity’s EIN. Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/Businesses and clicking on Employer Identification Number (EIN) under Starting a Business. Go to www.irs.gov/Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or SS-4 mailed to you within 10 business days.

If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note: Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8.

Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise.

For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier. Signature requirements. Complete the certification as indicated in items 1 through 5 below.

Page 5 Form W-9 (Rev. 10-2018)

For this type of account: Give name and SSN of: 1. Individual 2. Two or more individuals (joint

account) other than an account maintained by an FFI

3. Two or more U.S. persons (joint account maintained by an FFI)

4. Custodial account of a minor

(Uniform Gift to Minors Act) 5. a. The usual revocable savings trust

(grantor is also trustee) b. So-called trust account that is not a legal or valid trust under state law

6. Sole proprietorship or disregarded entity owned by an individual

7. Grantor trust filing under Optional Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(i) (A))

The individual The actual owner of the account or, if combined funds, the first individual on the account1

Each holder of the account

The minor2

The grantor-trustee1

The actual owner1

The owner3

The grantor*

For this type of account: Give name and EIN of: 8. Disregarded entity not owned by an

individual 9. A valid trust, estate, or pension trust

10. Corporation or LLC electing

corporate status on Form 8832 or Form 2553

11. Association, club, religious, charitable, educational, or other tax- exempt organization

12. Partnership or multi-member LLC 13. A broker or registered nominee

The owner

Legal entity4

The corporation

The organization

The partnership The broker or nominee

1. Interest, dividend, and barter exchange accounts opened

before 1984 and broker accounts considered active during 1983.

For this type of account: Give name and EIN of:

You must give your correct TIN, but you do not have to sign the certification.

2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.

3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.

14. Account with the Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments

15. Grantor trust filing under the Form

1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section 1.671-4(b)(2)(i)(B))

The public entity The trust

4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).

5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.

What Name and Number To Give the Requester

1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person’s number must be furnished. 2 Circle the minor’s name and furnish the minor’s SSN. 3 You must show your individual name and you may also enter your business or DBA name on the “Business name/disregarded entity” name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. 4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships, earlier. *Note: The grantor also must provide a Form W-9 to trustee of trust. Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.

Secure Your Tax Records From Identity Theft Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund.

To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer.

If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter.

If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039.

For more information, see Pub. 5027, Identity Theft Information for Taxpayers.

Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft.

Page 6 Form W-9 (Rev. 10-2018)

The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts.

If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at spam@uce.gov or report them at www.ftc.gov/complaint. You can contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT (877-438-4338). If you have been the victim of identity theft, see www.IdentityTheft.gov and Pub. 5027.

Visit www.irs.gov/IdentityTheft to learn more about identity theft and how to reduce your risk.

Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information.

CONTRACT PROVISIONS

With respect to the use of federal funds for the procurement of goods and services, pursuant to § 200.326 of Title 2 to the Code of Federal Regulations (“2 CFR”) and Appendix II to 2 CFR 200, the following contract provisions are hereby made a part of this request for proposals and the resulting contract between NACOGDOCHES ISD and Proposer. The duly authorized representative identified on Attachment A must sign this form. Failure to complete this form pursuant to this and other instruction shall disqualify the proposal.

A. Remedies for Contract Breach or Violations. Contracts for more than the simplified acquisition

threshold currently set at $250,000 must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

B. Termination for Cause and Convenience. All contracts in excess of $10,000 must address

termination for cause and for convenience by NACOGDOCHES ISD including the manner by which it will be effected and the basis for settlement.

C. Equal Employment Opportunity. Except as otherwise provided under 41 CFR 60, all contracts

that meet the definition of ‘‘federally assisted construction contract’’ in 41 CFR 60– 1.3 must include the equal opportunity clause provided under 41 CFR 60–1.4(b), in accordance with Executive Order 11246, ‘‘Equal Employment Opportunity’’ (30 FR 12319, 12935, 3 CFR 1964–1965 Comp., p. 339), as amended by Executive Order 11375, ‘‘Amending Executive Order 11246 Relating to Equal Employment Opportunity,’’ and implementing regulations at 41 CFR 60, ‘‘Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.’’

D. Davis-Bacon Act. When required by Federal program legislation, all prime construction

contracts in excess of $2,000 awarded by School must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141–3144, and 3146–3148) as supplemented by Department of Labor regulations (29 CFR 5, ‘‘Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction’’). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. School must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. School must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland ‘‘Anti-Kickback’’ Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR 3, ‘‘Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States’’). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. School must report all suspected or reported violations to the Federal awarding agency.

E. Contract Work Hours and Safety Standards Act. Where applicable, all contracts awarded by School

in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor

Attachment I.1

regulations (29 CFR 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

F. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the

definition of ‘‘funding agreement’’ under 37 CFR 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that ‘‘funding agreement,’’ the recipient or subrecipient must comply with the requirements of 37 CFR 401, ‘‘Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,’’ and any implementing regulations issued by the awarding agency.

G. Clean Air Act and the Federal Water Pollution Control Act. Contracts and subgrants of

amounts in excess of $150,000 must contain a provision that requires the contractor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

H. Energy Efficiency Standards and Policies. Mandatory standards and policies relating to energy

efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).

I. Debarment and Suspension. A contract award (see 2 CFR 180.220) must not be made to parties

listed on the government-wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), ‘‘Debarment and Suspension.’’ The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

J. Byrd Anti-Lobbying. Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier.

K. Procurement of Recovered Materials. School and its contractors must comply with section 6002

of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.

Attachment I.2

The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

L. Required Affirmative Steps for Small, Minority, and Women-Owned Firms for Contracts Paid

with Federal Funds. 2 CFR § 200.321 – When federal funds are expended by Nacogdoches Independent School District, Vendor is required to take all affirmative steps set forth in 2 CFR 200.321 to solicit and reach out to small, minority and women owned firms for any subcontracting opportunities on the project, including: 1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and 5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

M. Record Retention Requirements for Contracts Paid for with Federal Funds. When federal funds

are expended by Nacogdoches Independent School District for any contract resulting from this procurement process, the vendor certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The vendor certifies that vendor will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I, the undersigned agent for the company named below, represent that the company agrees to the contract provisions set forth on this form. Company Name: ____________________________________________________________________ _________________________________________________________ _______________________ Signature of Authorized Representative Date Signed

Attachment I.3

Revised 11/30/2015Form provided by Texas Ethics Commission www.ethics.state.tx.us

FORM CIQ

OFFICE USE ONLYThis questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor whohas a business relationship as defined by Section 176.001(1-a) with a local governmental entity and thevendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not laterthan the 7th business day after the date the vendor becomes aware of facts that require the statement to befiled. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. Anoffense under this section is a misdemeanor.

CONFLICT OF INTEREST QUESTIONNAIREFor vendor doing business with local governmental entity

Date Received

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the directionof the local government officer or a family member of the officer AND the taxable income is not received from thelocal governmental entity?

Yes No

7

Check this box if the vendor has given the local government officer or a family member of the officer one or more giftsas described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Signature of vendor doing business with the governmental entity Date

Name of vendor who has a business relationship with local governmental entity.1

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updatedcompleted questionnaire with the appropriate filing authority not later than the 7th business day after the date on whichyou became aware that the originally filed questionnaire was incomplete or inaccurate.)

2

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

Describe each employment or other business relationship with the local government officer, or a family member of theofficer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.Complete subparts A and B for each employment or business relationship described. Attach additional pages to this FormCIQ as necessary.

4

6

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation orother business entity with respect to which the local government officer serves as an officer or director, or holds anownership interest of one percent or more.

Attachment J.1

Revised 11/30/2015Form provided by Texas Ethics Commission www.ethics.state.tx.us

CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more partiesbased on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or anagency of a federal, state, or local governmental entity;(B) a transaction conducted at a price and subject to terms available to the public; or(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency andthat is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

***(2) the vendor:

(A) has an employment or other business relationship with the local government officer or afamily member of the officer that results in the officer or family member receiving taxableincome, other than investment income, that exceeds $2,500 during the 12-month periodpreceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed;or(ii) the local governmental entity is considering entering into a contract with thevendor;

(B) has given to the local government officer or a family member of the officer one or more giftsthat have an aggregate value of more than $100 in the 12-month period preceding the date theofficer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1)(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationshipwith a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that localgovernmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);(2) has given a local government officer of that local governmental entity, or a family member of theofficer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding anygift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administratornot later than the seventh business day after the later of: (1) the date that the vendor:

(A) begins discussions or negotiations to enter into a contract with the local governmentalentity; or(B) submits to the local governmental entity an application, response to a request for proposalsor bids, correspondence, or another writing related to a potential contract with the localgovernmental entity; or

(2) the date the vendor becomes aware:(A) of an employment or other business relationship with a local government officer, or afamily member of the officer, described by Subsection (a);(B) that the vendor has given one or more gifts described by Subsection (a); or(C) of a family relationship with a local government officer.

Attachment J.2

Attachment K

Nacogdoches Independent School District NOTICE TO BIDDERS

FELONY CONVICTION NOTICE

Please check off one box and sign the form in the appropriate space(s) I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the information furnished is true and to the best of my knowledge. VENDOR’S NAME________________________________________________________________________ NAME OF AUTHORIZED COMPANY OFFICIAL (print) _______________________________________

A. My firm is a publicly-held corporation; therefore, this reporting requirement is not applicable. Signature of Company Official _______________________________________________________

B. My firm is not owned or operated by anyone who has been convicted of a felony.

Signature of Company Official _______________________________________________________

C. My firm is owned and operated by the following individual(s) who has/have been convicted of a

felony. Name of Felon(s) __________________________________________________________________ Detail of Convictions(s) _____________________________________________________________ _________________________________________________________________________________

Signature of Company Official _______________________________________________________

State of Texas Education Code, Section 44.034, Notification of Criminal History of Contractor, Subsection (a) states “a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felon. The notice must include a general description of the conduct resulting in the conviction of a felony.” Subsection (b) states “a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract.”

THIS NOTICE IS NOT REQUIRED OF A PUBLICLY-HELD CORPORATION

Attachment L

CERTIFICATION - REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS AND GRANTS

Federal Executive Order 12549 requires the Nacogdoches Independent School District to screen each covered potential contractor/grantee to determine whether each has a right to obtain a contract/grant in accordance with federal regulations on debarment, suspension, ineligibility, and voluntary exclusion. Each covered contractor/grantee must also screen each of its covered subcontractors/providers.

In this certification "contractor/grantee" refers to both contractor/grantee and subcontractor/subgrantee; "contract/grant" refers to both contract/grant and subcontract/subgrant.

By signing and submitting this certification the potential contractor/grantee accepts the following terms:

1. The certification herein below is a material representation of fact upon which reliance was placed when this contract/grant was entered into. If it is later determined that the potential contractor/grantee knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the District may pursue available remedies, including suspension and/or debarment.

2. The potential contractor/grantee shall provide immediate written notice to the person to which this certification is submitted if at any time the potential contractor/grantee learns that the certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

3. The words "covered contract," "debarred," "suspended," "ineligible," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this certification have meanings based upon materials in the Definitions and Coverage sections of federal rules implementing Executive Order 12549. Usage is as defined in the attachment.

4. The potential contractor/grantee agrees by submitting this certification that, should the proposed covered contract/grant be entered into, it shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the District, as applicable.

Do you have or do you anticipate having subcontractors/subgrantees under this proposed contract? YES NO

5. The potential contractor/grantee further agrees by submitting this certification that it will include this certification titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion for Covered Contracts and Grants" without modification, in all covered subcontracts and in solicitations for all covered subcontracts.

6. A contractor/grantee may rely upon a certification of a potential subcontractor/subgrantee that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract/grant, unless it knows that the certification is erroneous. A contractor/grantee must, at a minimum, obtain certifications from its covered subcontractors/subgrantees upon each subcontract's/subgrant's initiation and upon each renewal.

7. Nothing contained in all the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this certification document. The knowledge and information of a contractor/grantee is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

8. Except for contracts/grants authorized under paragraph 4 of these terms, if a contractor/grantee in a covered contract/grant knowingly enters into a covered subcontract/subgrant with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in the transaction, in addition to other remedies available to the federal government or District may pursue available remedies, including suspension and/or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS AND GRANTS

Indicate which statement applies to the covered potential contractor/grantee:

The potential contractor/grantee certifies, by submission of this certification, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this contract/grant by any federal department or agency or by the State of Texas.

The potential contractor/grantee is unable to certify to one or more of the terms in this certification. In this instance, the potential contractor/grantee must attach an explanation for each of the above terms to which he is unable to make certification. Attach the explanation(s) to this certification.

NAME OF POTENTIAL CONTRACTOR/GRANTEE

Federal ID# DUNS # CAGE Code:

Signature of Authorized Representative Printed/Typed Name of Authorized Representative Date

THIS CERTIFICATION IS FOR FY 2021, PERIOD BEGINNING July 1, 2020 and ENDING September 30, 2021.

Attachment L

INSTRUCTIONS FOR CERTIFICATION - 2 -

1. By signing and submitting this proposal, the prospective contractor/grantee is providing the certification set out below.

2. The inability of a contractor/grantee to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective contractor/grantee shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective contractor/grantee to furnish a certification or an explanation shall disqualify such contractor/grantee from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If is later determined that the prospective contractor/grantee knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the District may terminate this transaction for cause or default.

4. The prospective contractor/grantee shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective contractor/grantee learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations (13 CFR Part 145).

6. The prospective contractor/grantee agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective contractor/grantee further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions, "provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may, but is not required to, check the Non-Procurement List.

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the District may terminate this transaction for cause or default.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 4/8/2016

FORM 1295CERTIFICATE OF INTERESTED PARTIES

6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.

AFFIX NOTARY STAMP / SEAL ABOVE

Title of officer administering oathPrinted name of officer administering oathSignature of officer administering oath

Sworn to and subscribed before me, by the said _______________________________________________, this the ______________ day

of ________________, 20 _______ , to certify which, witness my hand and seal of office.

Signature of authorized agent of contracting business entity

ADD ADDITIONAL PAGES AS NECESSARY

Name of Interested PartyNature of Interest (check applicable)City, State, Country

(place of business)Controlling Intermediary

4

Name of governmental entity or state agency that is a party to the contract forwhich the form is being filed.

2

3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services, goods, or other property to be provided under the contract.

Complete Nos. 1 - 4 and 6 if there are interested parties.Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.

1 Name of business entity filing form, and the city, state and country of the businessentity's place of business.

5 Check only if there is NO Interested Party.

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Attachment M.1

Frequently Asked Questions For Disclosure of Interested Parties (Form 1295) From the following webpage https://www.ethics.state.tx.us/whatsnew/FAQ_Form1295.html

1. Changes to Form 1295 since December 2017 2. Why do I need to include my date of birth and address when I sign Form 1295? Was this always the

case? 3. Will my date of birth and address appear on the TEC's website when I file the form? 4. Who is considered an "interested party"? 5. Who is required to file Form 1295? 6. To what contracts does Form 1295 apply? 7. Are there certain contracts that do not require Form 1295? 8. What if there is a change to an existing contract? 9. What if the contract is renewed? 10. Can I file Form 1295 with the Commission on paper? 11. How do I log in to the filing application? 12. Is there a mobile version? 13. Help! I can't log in! 14. Help! I forgot my password! 15. What is my "ID" when I click "Forgot Password" on the login page? 16. Can I have multiple accounts? 17. Do I send a copy of the signed Form 1295 to the Texas Ethics Commission? 18. Why is my Form 1295 certificate status "Pending" in my "Completed Certificates" table? 19. I still am not sure if anyone in my company qualifies as a controlling interest or intermediary. Can

you give me some examples? 20. I submitted a Form 1295 and realized there is an error. Can I edit it? 21. How do I correct an error in a 1295 certificate after it has been acknowledged? 22. What if the contract associated with the Form 1295 is never fulfilled? 23. I represent a state agency or governmental agency. How much time do I have to acknowledge a

Form 1295? 24. What if I accidentally acknowledge the wrong Form 1295? 25. The filing application says this Form 1295 has already been acknowledged. What do I do now? 26. Why am I not receiving email messages from the Texas Ethics Commission?

1. Changes to Form 1295 since December 2017 Changes to the law requiring certain businesses to file a Form 1295 are in effect for contracts entered into or amended on or after January 1, 2018. The changes exempt businesses from filing a Form 1295 for certain types of contracts and replace the need for a completed Form 1295 to be notarized. Instead, the person filing a 1295 needs to complete an "unsworn declaration."

2. Why do I need to include my date of birth and address when I sign Form 1295? Was this always the case?

In 2017, the legislature amended the law to require Form 1295 to include an "unsworn declaration" which includes, among other things, the date of birth and address of the authorized representative signing the form. The change in the law applies to contracts entered into, renewed, or amended on or after January 1, 2018. The unsworn declaration, including the date of birth and address of the signatory, replaces the notary requirement that applied to contracts entered into before January 1, 2018.

3. Will my date of birth and address appear on the TEC's website when I file the form? No. The TEC filing application does not capture the date of birth or street address of the signatory and it will not appear on forms that are filed using the TEC filing application.

Attachment M.2

Although the TEC does not capture the date of birth and street address of the signatory, the contracting state agency or governmental agency will have a physical copy of the form that includes the date of birth and address of the signatory. The TEC cannot answer whether the contracting state agency or governmental agency may release such information. Questions regarding the Texas Public Information Act may be directed to the Office of the Attorney General. See also Paxton v. City of Dall., No. 03-13-00546-CV, 2015 Tex. App. LEXIS 5228, at *10-11 (App.-Austin May 22, 2015) (mem. op.) (pet. denied).

4. Who is considered an "interested party"? An interested party is: (1) a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts; or (2) an intermediary.

1. (1) Controlling Interest: An interested party has a controlling interest in the business entity if the interested party meets one or more of the following conditions:

1. (a) has an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent;

2. (b) is a member of the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or

3. (c) serves as an officer of a business entity that has four or fewer officers, or serves as one of the four officers most highly compensated by a business entity that has more than four officers. Subsection (c) of this section does not apply to an officer of a publicly held business entity or its wholly owned subsidiaries.

2. (2) Intermediary Interest: An interested party has an intermediary interest in a contract if the person actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, advisor, attorney, or representative of or agent for the business entity who meets all of the following conditions:

1. (a) receives compensation from the business entity for the person’s participation; 2. (b) communicates directly with the governmental entity or state agency on behalf of the

business entity regarding the contract; and 3. (c) is not an employee of the business entity or of an entity with a controlling interest in

the business entity. The definitions are located at https://www.ethics.state.tx.us/legal/ch46.html.

5. Who is required to file Form 1295? In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties (Form 1295) to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. The state agency or governmental entity must use the filing application to acknowledge the receipt of Form 1295.

6. To what contracts does Form 1295 apply? The law applies only to a contract between a governmental entity or state agency and a business entity at the time it is voted on by the governing body or at the time it binds the governmental entity or state agency, or whichever is earlier, including an amended, extended, or renewed contract, of a governmental entity or state agency that either:

1. (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed; or

2. (2) has a value of at least $1 million.

Attachment M.3

Gov’t Code § 2252.908; Texas Ethics Commission Rules §§ 46.1(b), 46.3(a). The disclosure requirement applies to a contract entered into on or after January 1, 2016. A contract does not require an action or vote by the governing body of a governmental entity or state agency if:

3. (1) the governing body has legal authority to delegate to its staff the authority to execute the contract;

4. (2) the governing body has delegated to its staff the authority to execute the contract; and 5. (3) the governing body does not participate in the selection of the business entity with which

the contract is entered into. Texas Ethics Commission Rules § 46.1(c).

7. Are there certain contracts that do not require Form 1295?

Yes. Form 1295 is not required for the following contracts if entered into or amended on or after January 1, 2018:

o (1) a sponsored research contract of an institution of higher education; o (2) an interagency contract of a state agency or an institution of higher education; o (3) a contract related to health and human services if:

1. (a) the value of the contract cannot be determined at the time the contract is executed; and

2. (b) any qualified vendor is eligible for the contract; o (4) a contract with a publicly traded business entity, including a wholly owned subsidiary of the

business entity;* o (5) a contract with an electric utility, as that term is defined by Section 31.002, Utilities Code;*

or o (6) a contract with a gas utility, as that term is defined by Section 121.001, Utilities Code.*

8. What if there is a change to an existing contract? The law also applies to a change made to an existing contract, which includes an amendment, change order, or extension of a contract. If the business entity has not submitted a disclosure of interested parties form for the existing contract, a new disclosure is required if: (1) the changed contract requires an action or vote by the governing body of the entity, or (2) agency or the value of the changed contract is at least $1 million. If the business entity submitted a disclosure of interested parties form for the existing contract, a new disclosure is required if either: (1) there is a change to the disclosure of interested parties; (2) the changed contract requires an action or vote by the governing body of the entity or agency; or (3) the value of the changed contract is at least $1 million greater than the value of the existing contract. Texas Ethics Commission Rules § 46.4.

9. What if the contract is renewed? See "What if there is a change to an existing contract?" for information about a renewed contract.

10. Can I file Form 1295 with the Commission on paper? No. A business entity must file Form 1295 electronically with the Texas Ethics Commission using the online filing application. The business entity must print the copy of the form filed with the Commission and submit the signed copy to the contracting state agency or governmental entity. See "How do I log in to the filing application?" for information about logging in to the online filing application.

11. How do I log in to the filing application? If this is your first time logging in, you will need to create an account in order to register and receive a password. Once you have registered, you will receive an email containing a password setup link. Click on the link to set your password. After you have established an account, you will use your email address, password, and user type (either "Business Entity" or "Governmental Entity/State Agency") to log in to the Form 1295 filing application. Watch our short videos on "Logging In The First Time" on the Form 1295 File Reports Electronically web page.

12. Is there a mobile version?

Attachment M.4

Yes. You can submit and acknowledge certificates using mobile devices. 13. Help! I can't log in!

The Email (User ID) is case sensitive. If you cannot remember the correct case of your email, you will need to call the Texas Ethics Commission at 512-463-5800. If you forgot your password, see "Help! I forgot my password!".

14. Help! I forgot my password! If you forgot your password, you can reset your password by clicking the "Forgot Password?" link on the Form 1295 filing application login screen. Once you enter your email address (case sensitive) and filer type and successfully answer the security questions, you will receive an email containing a password reset link. If you cannot successfully answer your security questions, you will need to call the Texas Ethics Commission at 512-463-5800.

15. What is my "ID" when I click "Forgot Password" on the login page?

"ID" is the email address that you used to create your account. Your ID is case sensitive. When you enter your email address in the "ID" field, you must enter the exact upper and lower case letters, numbers, and special characters that you used when you created your account. For example, if you created your account as MyEmail@doesnotexist.com, you must enter the "M" in "My" and the "E" in "Email" as upper case and all other letters as lower case.

16. Can I have multiple accounts? You can have a separate account associated with each unique email address. However, once an account is established, there is no way to combine it with another account. You can only view those certificates created under your own unique email address. If you want to view all your certificates together in one account, we highly encourage you to setup a specific email address to register your account and use that email address each time you log in to the filing application.

17. Do I send a copy of the signed Form 1295 to the Texas Ethics Commission? No. Do not send a paper copy of the signed Form 1295 to the Texas Ethics Commission. If you are with a state agency or other governmental entity, you will log in to the filing application and acknowledge receipt of Form 1295 electronically. See "How do I log in to the filing application?" for more information about logging into the filing application.

18. Why is my Form 1295 certificate status "Pending" in my "Completed Certificates" table? Any submitted 1295 certificate that has been signed must be sent to the governmental entity/state agency for acknowledgment. The certificate status will remain pending until the governmental entity/state agency acknowledges the certificate online. Once the 1295 certificate is acknowledged by the governmental entity/state agency, the status will change to "Acknowledged".

19. I still am not sure if anyone in my company qualifies as a controlling interest or intermediary. Can you give me some examples?

For example, Joe is filling out a Form 1295 for his company’s contract with a governmental entity. Joe owns 50% of the company and his wife, Jane, owns 50% of the company. They have no officers or board members. Joe would list both his name and his wife’s name as controlling interests because they each have an ownership interest of greater than 10 percent. Joe also hired a lawyer to help facilitate his company’s contract with the governmental entity. Joe paid the lawyer a fee, the lawyer contacted the governmental entity, and the lawyer is not Joe’s employee. Joe would list the lawyer as an intermediary because the lawyer is a non-employee paid by the company to make a direct communication with the governmental entity to negotiate or facilitate the contract.

20. I submitted a Form 1295 and realized there is an error. Can I edit it?

Attachment M.5

No. Once a Form 1295 has been submitted by the business entity, it can no longer be edited. If you found an error, you will need to start a new certificate and re-enter all the required information.

21. How do I correct an error in a 1295 certificate after it has been acknowledged? It is not possible to correct a submitted and acknowledged 1295 certificate. If you find that the acknowledged 1295 certificate has an error, you need to create a new certificate. This new certificate must include all of the required information from the original certificate plus the changes to correct the error. In Box 3, enter this string at the very beginning of the description field: "This supercedes certificate 2016-####." where 2016-#### is the certificate number in the "OFFICE USE ONLY" box on the certificate that contains the error. When you have completed the data entry for the replacement certificate, submit the certificate. Print the new certificate and sign it -- completing the unsworn declaration -- and provide the signed certificate to your governmental entity or state agency to acknowledge using the 1295 filing application. Both the original certificate and the replacement certificate will be available on the TEC website.

22. What if the contract associated with the Form 1295 is never fulfilled? All certificates that are filed with the Texas Ethics Commission and acknowledged by a governmental entity will be posted to the Commission’s website regardless of the eventual outcome of the contract associated with the certificate.

23. I represent a state agency or governmental agency. How much time do I have to acknowledge a Form 1295?

A state agency or other governmental entity must acknowledge the receipt of the filed Form 1295 not later than the 30th day after the date the governing body or state agency receives the Form 1295. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission’s website within seven business days.

24. What if I accidentally acknowledge the wrong Form 1295? Before you acknowledge a Form 1295, you should double check that you are acknowledging the correct one. If you acknowledge a Form 1295 in error, you cannot undo the certification. Contact the Texas Ethics Commission at 512-463-5800 and ask to speak with Technical Support.

25. The filing application says this Form 1295 has already been acknowledged. What do I do now? First, you should double check that you are entering the correct certification number. If you still receive an error, contact the Texas Ethics Commission at 512-463-5800 and ask to speak to technical support.

26. Why am I not receiving email messages from the Texas Ethics Commission? All password reset links will be sent to the email address you provided when you registered. This should be an email address that is current and that you check often. You can verify and update your email address right after you log in. Also, be sure to "whitelist" or mark as "safe" emails that come from "do-not-reply@ethics.state.tx.us" and be sure to check your Spam or Junk folder for any missing messages. Last Revision: January 3, 2018

Attachment M.6

Attachment N SB 252 VERIFICATION - TERRORIST ORGANIZATIONS

Pursuant to Senate Bill 252 of the 85th Texas Legislature (Regular Session), Nacogdoches ISD is prohibited from contracting with a company that is identified on a list prepared, maintained and made available by the Texas Comptroller of Public Accounts because the company is known to have contracts with or provide supplies or services to a foreign terrorist organization. Accordingly, the District shall not contract with companies engaged in active business operations with Sudan, Iran, or a foreign terrorist organization, as designated by the United States secretary of state pursuant to Section 1189 of Title 8 of the United States Code. I, the undersigned agent for ___________________________________________________ (Proposer), certify that Proposer is not identified on the list published by the Texas Comptroller of Public Accounts of companies with scrutinized business operations with Sudan, Iran or a foreign terrorist organization(s).

Vendor’s Name/Company Name: _____________

Address: ____________________________________________________________________________

City, State, and Zip Code: ______________________________________________________________

Phone Number: _____________________________ Fax Number: _____________________________

Printed Name of Authorized Representative: _______________________________________________

Title of Authorized Representative: _______________________________________________________

Email Address: _______________________________________________________________________

Signature of Authorized Representative: ___________________________________________________

Date: ________________________________ Federal Tax ID # ______________________________

NISD Internal Review:Comptroller List was reviewed and the Vendor is is not on the list Verified by :_____________________________________ Date: __________________

Attachment O HB 89 VERIFICATION - VENDOR DOES NOT/WILL NOT BOYCOTT ISRAEL

Vendor hereby certifies that and verifies that neither Vendor, nor any affiliate, subsidiary, or parent company of Vendor, if any (the “Vendor Companies”), boycotts Israel, and Vendor agrees that Vendor and Vendor Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the term “boycott” shall mean and include terminating business activities or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory.

Vendor’s Name/Company Name: ________________________________________________________

Address, City, State, and Zip Code: _______________________________________________________

Phone Number: ____________________________ Fax Number: _____________________________

Printed Name & Title of Authorized Representative: _________________________________________

Email Address: ______________________________________________________________________

Signature of Authorized Representative: ___________________________________________________

Date: _________________________ Federal Tax ID #

Attachment P

NON-COLLUSION STATEMENT “The undersigned affirms that he/she is duly authorized to execute this bid/RFP, that this company, corporation, firm, partnership or individual has not prepared this bid/RFP in collusion with any other bidder/proposer, and that the contents of this bid/RFP as to prices, terms or conditions of said bid/RFP have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid/RFP.” Firm’s Name: ________________________________________________________________________________________________ Name of Authorized Company Official: ___________________________________________________________________ (Typed or printed) Title of Authorized Company Official: _____________________________________________________________________

(Typed or printed) ________________________________________________________________________ ___________________________________ Signature of Authorized Company Official Date Signed

Attachment Q

RESIDENCY CERTIFICATION

Texas Government Code Chapter 2252 relates to bids by nonresident contractors. The pertinent portions of the Act are as follows:

Section 2252.001(3) - “Nonresident bidder” means a bidder who is not a resident. Section 2252.001(4) - “Resident bidder” means a bidder whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Section 2252.002 - A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located. I certify that _______________________________________________________________________is a Resident Bidder of Texas as defined in Texas Government Code Section 2252.001(4)

Signature of Authorized Company Official: ___________________________________________________

Name of Authorized Company Official: ______________________________________________________

I certify that _______________________________________________________________________ is a Nonresident Bidder of Texas as defined in Texas Government Code Section 2252.001(3) and our principal place of business is:

City, State & Zip: ________________________________________________________________________

Signature of Authorized Company Official: ___________________________________________________

Name of Authorized Company Official: ______________________________________________________

If the Bidder is a Nonresident Bidder of Texas, please answer the following: Does the vendor or the vendor’s ultimate parent company or majority owner employ at least 500 persons in Texas? Yes _______ No _______