Workforce Solutions Cameron is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities.

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REQUEST FOR QUALIFICATIONS RFQ#19-RFQ-02-193

REAL ESTATE BROKER SERVICES

DATE: February 25, 2019 SUBMIT BIDS TO: Workforce Solutions Cameron

Hazel Quintero, Procurement 851 Old Alice Rd. Brownsville, TX 78520 Phone: 956-548-6700 Fax: 956-548-6716 Email: hazel.quintero@wfscameron.org

SUBMISSION DATE: Completed written responses must be submitted in a sealed envelope marked and

received no later than 12:00 Noon (CST) on Friday, March 15, 2019 to address above. Responses will not be accepted after this deadline. Faxed or emailed qualifications will not be accepted.

GENERAL INFORMATION Workforce Solutions Cameron, (WFS Cameron) is the Local Workforce Development Board for Cameron County, Texas. WFS Cameron is a non-profit agency funded by grants from the Texas Workforce Commission (TWC) and the U.S. Department of Labor. WFS Cameron is the WIOA program administrative entity and is the program service provider for Cameron County. The WFS Cameron Board of Directors is composed of representatives of business and industry, organized labor, community-based organizations, economic development agencies, educational entities, public employment service, TWC, Texas Department of Human Services rehabilitation agencies, and public interest groups. Representatives of the private sector constitute a majority of WFS Cameron membership. The primary responsibility of the WFS Cameron Board is to provide policy and program guidance, and to exercise independent oversight of WIOA activities. Issuance of this RFQ is coordinated by WFS Cameron located at 851 Old Alice Rd., Brownsville, Texas 78520, under the direction of Mr. Pat Hobbs, Executive Director. CONDITIONS AND LIMITATIONS Solicitation and selection of proposals via this Request for Qualifications (RFQ) shall conform to relevant State and Federal laws and regulations and WFS Cameron policies governing procurement of services under the Texas Workforce Commission. Failure to comply with or violation of any of the following conditions/ limitations regarding this RFQ procurement process may invalidate a proposal or lead to its rejection:

* All proposals considered must be received on time at the address indicated and must be responsive to the RFQ instructions. WFS Cameron is not responsible for lateness or non-delivery of mail, carrier, etc.

* Proposal is not to be construed as a purchase agreement or contract, or as a commitment of any kind, nor does it commit WFS Cameron to pay for costs incurred in the preparation of a response, or any other costs incurred prior to the execution of a formal contract, unless such costs are specifically authorized in writing by WFS Cameron.

* WFS Cameron reserves the right to accept or reject any or all proposals received, to cancel and/or reissue this RFQ

in part or its entirety. WFS Cameron reserves the right to waive any technicalities. The Workforce Development Board will provide oversight for all proposals.

* WFS Cameron reserves the right to award the contract for any item/services or group of items/services or group of

items/services via this RFQ in any quantity WFS Cameron determines is in its best interest. * WFS Cameron reserves the right to correct any error(s) and/or make changes to this solicitation as it deems

necessary. It will provide notifications of such changes to all bidders recorded in the official record (Distribution Log/Receipts Record) as having received or requested an RFQ.

* The Board reserves the right to waive any defects in this procurement process or to make changes to this solicitation

as it deems necessary. The Board will provide notification of such changes to the prospective respondents recorded in the official record (Distribution Log/Receipts Record) as having received or requested an RFQ.

* WFS Cameron reserves the right to negotiate the final terms of any and all contracts or agreements with bidders

selected and any such terms negotiated as a result of this RFQ may be renegotiated and /or amended in order to successfully meet the needs of the Service Delivery Area Plans. WFS Cameron also reserves the right to require the submission of any revision to the proposal, which results from negotiations conducted.

* WFS Cameron reserves the right to contact any individual, agency, employer, or grantees listed in a proposal, and to

contact others who may have experience and/or knowledge of the bidder’s relevant performance and/or qualification; and to request additional information from any and all proposers.

* Misrepresentation of the proposer’s ability to perform as stated in the proposal(s) may result in cancellation of any

contract or agreement awarded. * WFS Cameron reserves the right to withdraw or reduce the amount of an award or to cancel any contract or

agreement resulting from this procurement if adequate funding is not received from the Texas Workforce Commission or if the selected proposer fails to perform as agreed.

* Proposers shall not, under penalty of law, offer or provide any gratuities, favors, or anything of monetary value to any

board officer, member, staff employee, or agent of WFS Cameron, for the purpose of having an influencing effect toward their own proposal or any other proposal submitted hereunder.

* No staff employee, board officer, member, or agent of WFS Cameron shall participate in the selection, award or

administration of a contract supported by WIOA funds if a conflict of interest, real or apparent, would be involved. * Proposers shall not engage in any activity, which will restrict or eliminate competition. Violation of this provision may

cause a proposer to be disqualified. This does not preclude joint ventures or subcontracts. * All proposals submitted must be an original work product of the proposers. The copying, paraphrasing or otherwise

using of substantial portions of the work product of others and submitted hereunder as original work of the proposer is not permitted. Failure to adhere to this instruction may cause the proposal(s) to be disqualified and rejected.

* The contents of a successful proposal may become a contractual obligation if selected for award of a contract.

Failure of the proposer to accept this obligation may result in cancellation of the award. No plea of error or mistake

shall be available to successful proposer(s) as a basis for release of proposed services at stated price/cost. Any damages accruing to the Board as a result of the proposer’s failure to contract may be recovered from the proposer.

A contract with the selected provider may be withheld, at WFS Cameron’s sole discretion, if issues of contract or

WIOA compliance, or questioned/disallowed costs exist, until such issues are satisfactorily resolved. Award of contract may be withdrawn if resolution is not satisfactory to WFS Cameron.

* WFS Cameron reserves the right to award a contract for the goods or services requested in this RFQ only to

responsible proposer(s) who has demonstrated competence and proven qualifications, a satisfactory record of past performance and a reputation for integrity and business ethics.

* WFS Cameron is the responsible authority for handling complaints or protests regarding the procurement and proposal selection process. No protest shall be accepted by the grantor (State) until all administrative remedies at the local level have been exhausted. This includes, but is not limited to: disputes, claims, protests of award or non-selection for award, source evaluation, or other matters of a contractual or procurement nature. Matters concerning violation of law shall be referred to such authority, as may have proper jurisdiction.

* Proposers not selected by this process may appeal the WFS Cameron decision by submitting in writing a formal

letter of appeal addressed to Mr. Pat Hobbs, Executive Director, WFS Cameron. This appeal must be sent by registered mail and identified on the envelope as an appeal with the grounds of the appeal clearly stated in the letter, within fifteen calendar days of decision notification (the date on the notification letter).

* Proposal must be manually signed by a person having the authority to bind the organization in a contract. * Any material that is to be considered as confidential in nature must be clearly marked as such and will be treated as

confidential by WFS Cameron to the extent allowable in the Open Records Act.

* A proposer must demonstrate the following minimum standards:

• Adequate professional experience and knowledge in the Real Estate Market. Include the number of listing you normally hold for office space and the number of years you have been licensed as a realtor/broker.

• A statement providing that you follow the code of Ethics and Standards of Practice of the National Association of Realtors.

* Positive efforts shall be made to utilize small, minority and female-owned or operated organizations for the goods or

services solicited and to allow such organizations maximum feasible opportunity to compete for funding. * Proposers not complying with Section 504 of the Rehabilitation Act of 1973 and the Federal Drug-Free Workplace

Act of 1988 and those not prepared to be in compliance with the Americans with Disabilities Act, as applicable, may not be awarded a contract.

* The proposer shall defend, indemnify and save harmless WFS Cameron and all its officers, agents and employees

from all suits, actions or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons or property on account of any negligent act or fault of the successful proposer or of any agent, employee, subcontractor or supplier in the execution of, or performance under, any contract which may result from proposal award. Successful proposer shall pay any judgment with cost, which may be obtained against WFS Cameron growing out of such injury or damages.

PROPOSER INQUIRY AND APPEAL PROCESS WFS Cameron is the responsible authority for handling complaints or protests regarding the procurement and proposal selection process. This includes, but is not limited to: disputes, claims, protests of award or non-selection for award, source evaluation, or other matters of a contractual or procurement nature. Matters concerning violation of law shall be referred to such authority, as may have proper jurisdiction. Request for Debriefing Proposers not selected by this procurement process may appeal the decision by submitting, within 10 days of the receipt of Board notification of the procurement decision, a written Request for Debriefing to obtain information on the procurement process and how their proposal or offer was received and ranked. WFS Cameron shall acknowledge receipt of the Request for Debriefing in writing within 10 days of receipt, along with the date and time of scheduled Debriefing. The Debriefing shall be scheduled, as soon as possible, and no later than 10 days from the receipt of the Request for Debriefing. Debriefing (NOTE: WFS Cameron extends the courtesy of offering a Debriefing to any proposer or proposer who is not selected for funding; the 10-day time frame must be adhered to only if a bidder or proposer is considering an appeal.) The purpose of the debriefing is to promote the exchange of information, explain the proposal evaluation system, and help unsuccessful proposers understand why they were not selected. Debriefings serve an important educational function for new proposers, which hopefully, will help them to improve the quality of any future proposals. Materials provided in the debriefing include a blank copy of the proposal scoring sheet used by readers, spread sheet of rankings provided to the Board of Directors, and a summary of proposal scores. A monitor is invited to the debriefing to serve as an independent witness. (Proposers who are selected for contract negotiations are offered similar feedback during contract negotiations). WFS Cameron staff will meet with the appealing party and review (a) the proposal evaluation process and (b) how the appealing party’s proposal or bid was scored or ranked.

Written Notice of Appeal If, after the debriefing the appealing party wishes to continue with the appeals process, they must submit to WFS Cameron a Notice of Appeal. This written notice must clearly state that it is an appeal and identify decision being appealed (i.e. specific date of RFP or IFB, or WFS Board action): (b) the name, address, phone, and fax number (if available) of the appealing party; and (c) the grounds for the appeal. The Notice of Appeal must be received by the Executive Director within 15 days of the date of the appealing party’s debriefing. The Notice of Appeal must be sent by registered mail or hand delivered (a receipt will be issued), clearly identified externally as “Dated Material”, and addressed to:

RFQ #19-RFQ-02-193 Workforce Solutions Cameron

851 Old Alice Rd. Brownsville, Texas 78520

Phone: (956) 548-6700 Fax: (956) 548-6716

Registered mail or hand delivered documents are the only acceptable format of transmission of the Written Notice of Appeal. Written acknowledgment of receipt of the Notice of Appeal will be provided to the appealing party within five (5) working days of receipt of the Notice of Appeal. Such acknowledgment will include specific instructions for completing the appeals process and the date, time and place of the next step, the Informal Hearing.

Informal Hearing An Informal Hearing will be held at the Board offices within 10 days of receipt of the Notice of Appeal. A Hearing Officer selected by the Board will meet with the appealing party to discuss their concerns and the specific grounds of the appeal. The Hearing Officer may recommend to the Board Chairman any appropriate actions, allowable under WIOA rules and regulations and consistent with agency procurement policies, to resolve issues raised at the Informal Hearing. If the appealing party agrees, the appeal may be ended at this point. Request for Formal Hearing The appealing party, if not satisfied with the results of the Informal Hearing, must inform the Hearing Officer, in writing, no later than five (5) working days from the date of the Informal Hearing, of intent to proceed with the appeal. Within ten (10) days of receipt of this written request, the Hearings Officer will respond, in writing, to inform the appealing party of the time, date, and place of the Formal Hearing. Formal Hearing The formal hearing shall be conducted within 15 days of the date of the Request for Formal Hearing. The Formal Hearing of the appeal will be conducted by an ad hoc committee of the Board of Directors, with the Chairman, or another officer, presiding. This Committee will consider the facts presented as grounds for the appeal and remedies requested. Additional information may be requested by the committee from staff of the appealing party. After full review the committee will, at the next Board meeting, make its recommendation to the Board for final determination. The Board Decision The Board will render its decision not later than 60 days from the date of the Written Notice of Appeal. The Board decision shall be the final decision and end the appeals process. SPECIFIC SERVICE TO BE PROVIDED

• To assist in finding lease office space and contracting lease agreements in Cameron County for a Workforce Development Board. Work submitted on this RFQ is for a Workforce Development Board one-stop service center with about 17,200 – 20,000 sq. ft. to be located in Lower Cameron County, and another center of 10,000 – 13,000 sq. ft. to be located in upper Cameron County. The duration of these leases will be for a ten-year term, with up to a possibility of two ten-year renewal options.

• To assist in the preparation of any lease agreement contracts to include tenant representation fees if applicable.

• To assist in any future WFS Cameron facility needs which occur during the contract period. SUBMISSION OF PROPOSAL I. Period of Performance

The period of performance for any and all contract(s) resulting from this solicitation is anticipated to be from date of acceptance through March 31, 2020. WFS Cameron reserves the right to renew contract for one additional year if it is decided to be in the best interest of WFS Cameron.

II. Performance Standards

Performance will be judged for the best interest of WFS Cameron. This RFQ will be procured competitively based on responsiveness to the RFQ and reasonableness of costs, if any.

III. Deadline for Proposal Submission

The deadline for submission in response to this Request for Qualification (RFQ) is 12:00 noon local time, Friday, March 15, 2019. All responses must be received by that date, regardless of date of postmark in order to be considered. Please mark the outside of the envelope with the number of this RFQ (RFQ #19-RFQ-02-193). Proposal and all attachments must be included and signed. Telecopy, facsimile, or e-mail will not be accepted.

One original and two clear copies, 8 ½ x 11, one sided, stapled in the upper left-hand corner, completed proposal must be submitted by mail or delivered in person to:

Workforce Solutions Cameron Ms. Hazel Quintero, Procurement

851 Old Alice Rd. Brownsville, Texas 78520

Unless requested by WFS Cameron, no additional information will be accepted from a proposer after the deadline for submission of bids. EVALUATION AND SELECTION

The activities requested in this RFQ will be procured competitively based on responsiveness to the RFQ and reasonableness of costs, if applicable, in the best interest of WFS Cameron. This will include review and evaluation of proposals. Proposals should address the following criteria:

Demonstrated Performance/References

• Include Resume and three Professional References.

• Include sites requested in this RFQ (17,200 – 20,000 sq. ft. to be located in Lower Cameron County and 10,000 – 13,000 sq. ft. to be located in upper Cameron County).

• Additional sites may be added.

• Visits to the sites by selected WFS Cameron staff and/or Board Members may be requested.

60 Points

Cost to WFS Cameron (and or any fees for Tenant Representation)

20 Points

Narrative Description of Services to be Performed/Responsiveness to Proposal

20 Points

Workforce Solutions Cameron Real Estate Broker Services

RFQ#19-RFQ-02-193

Cover Sheet

IDENTIFICATION OF PROPOSER

LEGAL NAME OF ORGANIZATION

HEAD OF ORGANIZATION

MAILING ADDRESS

PHYSICAL ADDRESS (IF DIFFERENT)

CONTACT PERSON

TITLE

PHONE

AGREEMENT SIGNATORY AUTHORITY

TITLE

PHONE

TAX/LEGAL STATUS

[ ] CORPORATION [ ] SOLE OWNERSHIP

[ ] PARTNERSHIP [ ] OTHER

DATE ESTABLISHED

STATE COMPTROLLER ID NO.

IRS. NO.

SMALL BUSINESS

[ ] YES [ ] NO

IS PROPOSER CERTIFIED AS A HISTORICALLY UNDER-UTILIZED BUSINESS BY THE TEXAS WORKFORCE COMMISSION

[ ] YES

[ ] NO

EXECUTIVE SUMMARY

Organization: Contact Person: Program Title: Budget Requested Per Proposal: Provide an abstract summary of your approach in performing the activities solicited in this RFQ and expected outcomes.

EVIDENCE OF DEMONSTRATED PERFORMANCE Provide a listing of agencies, with a brief description of services which are similar to those being solicited in this RFQ that you (your organization) has provided services to.

ATTACHMENT A CERTIFICATION OF BIDDER

I hereby certify that the information contained in this proposal and any attachments is true and correct and may be viewed as an accurate representation of proposed services to be provided by this organization. I certify that no employee, board member, or agent of Workforce Solutions Cameron has assisted in the preparation of this proposal. I acknowledge that I have read and understood the requirements and provisions of the RFP and that this organization will comply with the procurement standards applicable under this RFP, and any other applicable local, state, and federal regulations and policies. I also certify that I have read and understand the A Governing Provisions and Limitations@ and AAssurance and Certifications@ sections presented in the RFP and will comply with the terms, thereof, and that Workforce Solutions Cameron is authorized to verify references and stated performance data and to conduct credit and criminal background check if needed, and furthermore that: I, ______________________________________am the _________________________ (Type Name of Signatory Authority) of the corporation, partnership, association, public agency or other entity named as Bidder and Respondent herein and that I am legally authorized to sign this proposal and submit it to Workforce Solutions Cameron on behalf of said organization by authority of its governing body. ATTEST: ____________________________________ ___________________________________ (Respondent Signature) (Collateral Signature) ____________________________________ ___________________________________ (Typed Name) ____________________________________ ___________________________________ (Typed Title) (Typed Title) ____________________________________ ___________________________________ (Date) (Date) Subscribe and sworn to before me this ________ day of ___________________, 20_____, in _______________________County, State of_________________________________________ SEAL

Notary Public in and for _______________________ County, _______________ State, _________ Date Commission Expires: ____________________________

ATTACHMENT B CERTIFICATION REGARDING

DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS

This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 20 CFR Part 98. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). (Before completing certification, read attached instructions which are an integral part of the certification) (1) The prospective recipients of Federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ____________________________________________________________________________ (Name and Title of Authorized Representative ____________________________________________________________________________ (Signature) Date Federal Register/Vol.53, No.102/Thursday, May 26, 1988/Rules and Regulations 19211 Appendix B-Certification Regarding Debarment, Suspension, Ineligibility and Voluntarily Exclusion-Lower Tier Covered Transaction Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out

below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this

transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is

submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms A covered transaction, Adebarred@, suspended,@ Aineligible@,lower tier covered transaction,: A primary

covered transaction,@ Aprincipal@, Aproposal@, and Avoluntarily excluded,@ as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted to assistance in obtaining a copy of these regulations.

5. The prospective lower tier participant 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 with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled

ACertification Regarding debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction,@ without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. 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 eligibility of its principals. Each participant may, but is not required to, check the nonprocurements List (To#).

8. 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.

9. Except for transactions authorized under paragraph 5 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 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

Certification Regarding Debarment, Suspension Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions.

(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is

presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such

prospective participant shall attach an explanation to this proposal. [FR Doc.88-11581 Filed 5-25-88; 8:45 a.m.]

ATTACHMENT C CERTIFICATION REGARDING

DRUG-FREE WORKPLACE REQUIREMENTS

A. The grantee certifies that it will or will continue to provide a drug-free workplace by: (A) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a

controlled substance is prohibited in the work place and specifying the actions that will be taken against employees for violation of such prohibition.

(B) Establishing an ongoing drug-free awareness program to inform employees about:

(1) The dangers of drug abuse in the workplace; (2) The grantee’s policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

(C) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (s).

(D) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant,

the employee will: (1) Abide by the terms of this statement; (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the

workplace no later than five calendar days after such conviction.

(E) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number (s) of each affected grant;

(F) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect

to any employee who is so convicted. (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent

with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program

approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;

(G) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs

(a),(b),(c),(d),(e), and (f).

B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant:

Place of Performance:

Check [ ] if there are workplaces on file that are not identified here. Not applicable.

Name of Applicant Organization: _____________________________________________

Name and Title of Authorized Signatory: _______________________________________

Signature: ______________________________________________Date______________

ATTACHMENT D CERTIFICATION REGARDING

LOBBY CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENT

The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, or an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any Federal loan, the entering into of any Federal loan, the entering into of any cooperative agreements, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant local, or cooperative agreement. (2) If any funds other than Federal appropriated funds have paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with Federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL. ADisclosure Form to Report Lobbying@ in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Name of Applicant Organization: _________________________________________________ Name and Title of Authorized Signatory: ___________________________________________ Signature: _______________________________________________Date: _________________

ATTACHMENT E CERTIFICATION REGARDING

CONFLICT OF INTEREST

By signature of this proposal, Proposer covenants and affirms that: (1) no manager, employee or paid consultant of the Proposer is a member of the Policy board, or a manager of the

Board; (2) no manager or paid consultant of the Proposer is a spouse to a member of the Policy Board, or a manager of the

Board; (3) no member of the Policy Board, or an employee of the board owns or controls more than a 10 percent interest in

the Proposer; (4) no spouse of a member of the Policy Board, or manager of the Board is a manager, employee or paid consultant of

the Proposer; (5) no member of the Policy Board, or employee of the Board receives compensation from Proposer for lobbying

activities as defined in federal laws or Chapter 305 of the Texas Government Code; (6) Proposer has disclosed within the Proposal any interest, fact or circumstance which does or may present a potential

conflict of interest; (7) should proposer fail to abide by the foregoing covenants and affirmations regarding conflict of interest, Proposer

shall not be entitled to the recovery of any costs or expenses incurred in relation to any contract with the Board and shall immediately refund to the Board any fees or expenses that may have been paid under the contract and shall further be liable for any other costs incurred or damages sustained by the Board relating to that contract.

Name of Organization Submitting Proposal: ______________________________________ Name and Title of Authorized Signatory: _________________________________________ Signature: _______________________________________________ Date: ____________

ATTACHMENT F TEXAS CORPORATE FRANCHISE TAX CERTIFICATION

Pursuant to Article 2.45, Texas Business Corporation Act, state agencies may not contract with for-profit corporations that are delinquent in making state franchise tax payments. The following certification that the corporation entering into this contract is current in its franchise taxes must be signed by the individual authorized on Form 2031, Corporate Board of Directors Resolution to sign the contract for the corporation. The contractor executing this contract herein certifies that the following indicated statement is true and correct and that the contractor understands that the undersigned understands making a false statement is a material breach on contract and is grounds for contract cancellation.

__ Not applicable. Contractor is not a corporation.

Indicate the certification that applies to your corporation:

__ The Corporation is a for-profit corporation and certifies that it is not delinquent in its franchise tax payments to the State of Texas

__ The Corporation is a non-profit corporation or is otherwise not subject to payments of franchise tax payments to the

State of Texas. STATE ASSISSMENT CERTIFICATION The authorized representative of the corporation contracting herein by executing this contract certifies that the following indicated statement is true and correct and that the undersigned understands making a false statement is a material breach of contract and is grounds for contract cancellation. The corporation certifies that:

__ The Corporation is current in Unemployment Insurance Taxes, Payday and Child Labor Law monetary obligations, and Proprietary School fees and assessments payable to the State of Texas.

__ The Corporation has no outstanding Unemployment Insurance overpayment balance payable to the State of Texas.

Name of Organization

Printed Name and Title of Authorized Representative

Signature of Authorized Representative

ATTACHMENT G TEXAS CERTIFICATION OF

PUBLIC SUBSIDY RESTRICTION

The applicant certifies that its business or any branch, division or department of the business does not and will not knowingly employ an undocumented worker.

A business convicted of a violation under 8 U.S.C. §1324a(f) (unlawful employment of undocumented workers), shall repay the amount of the public subsidy with interest not later than the 120th day after the business is notified of the violation. If a business is convicted of such a violation, the interest rate to be applied to the public subsidy is 15%. , Boards are permitted to bring a civil action to recover any amounts owed, as well as court costs and reasonable attorney’s fees. 1

Public subsidy is broadly defined Texas Government Code §2264.001(3)) as a public program or public benefit or assistance of any type that is designed to stimulate the economic development of a corporation, industry, or sector of the state’s economy or to create or retain jobs in Texas. The term includes, among other things, bonds, grants, loans, loan guarantees, benefits relating to an enterprise or empowerment zone, infrastructure development and improvements designed to principally benefit a single business or defined group of businesses, and matching funds. The Commission’s Office of General Counsel has found that HB 1196 does not apply to the acquisition of goods and services. 2

Undocumented worker is defined as an individual who, at the time of employment, is not lawfully admitted for permanent residence in the United States, or is not authorized under law to be employed in that manner in the United States. “The undersigned authorized representative of the entity making the offer or application herein understands and certifies that:

The following indicated statement is true and correct; making a false statement is a material breach of contract and grounds for contract cancellation; and if, after receiving a public subsidy, the entity is convicted of a violation under 8 United States Code §1324a(f) (relating to the unlawful employment of undocumented workers) the entity shall repay the amount of the public subsidy with interest, 15% within 120 days of receiving the notice of violation.”

Name of Applicant Organization: _______________________________________________ Name and Title of Authorized Signatory: _________________________________________ Signature: _________________________________________ Date: ____________________

ATTACHMENT H HUB CERTICATION

HUB Certification – Historically Underutilized Business (HUB’S) shall attach a notice of certification here as Attachment H if applicable.