1-Vendor Packet - 24-25 (1).pdf

TOMBALL INDEPENDENT SCHOOL DISTRICT

Vendor Application

This application does not guarantee any level of business expenditure or award by the District.

DETAILED information on attached required forms can be found on our District website under Purchasing.

This is a brief explanation of the critical forms requiring completion, signature, and submission to the district by any vendor doing business with the district.

(This explanation is not to be construed to be a complete or exhaustive representation of the language of any of the following forms. Vendors are free to interpret how they choose or to have their counsel review for interpretation.)

In addition, all existing and prospective vendors must register on Bonfire, TISD’s online E-Bidding and procurement software platform for vendor registration, solicitation notification, electronic bid submission and contract management. Vendors not registered in Bonfire will not be notified of any TISD issued solicitations and will not be able to view solicitations located on TISD’s website until registration is complete.

To register and use the Bonfire bidding portal, follow the “Registration” instructions provided on the “Become a Vendor” page of TISD’s website: https://www.tomballisd.net/about-tisd/departments/finance/purchasing/become-a-vendor.

1. Vendor Information Form

a. This is a form that conveys to TISD the relevant information regarding vendor’s company. Name, address, and a description of the goods and/or services that Vendor wishes to provide to the district.

2. Felony Conviction Notification

a. Vendors are required to give advance notice to the district if an owner or operator of the Vendor has been convicted of a felony, including a general description of the conduct resulting in the conviction.

3. Ch. 22 Criminal History Records Contractor Certification: Contractor/Subcontractor Employees Criminal history records must be obtained regarding covered employees of entities that contract with the district to provide services to the district; covered employees with disqualifying criminal histories are prohibited from serving at the district.

4. Conflict of Interest Questionnaire

a. This questionnaire is for vendors or persons doing business or seeking to do business with the district.

All vendors must fill out the questionnaire, whether or not a conflict of interest exists.

5. Tomball Independent School District Proposer/Vendor Certification Forms

6. Required Contract Provisions for Non-Federal Entity / Recipient and Sub-recipient Contracts Under Federal Awards – Appendix II to 2 C.F.R. Part 200

7. IRS W-9 Form

a. This is an official form furnished by the IRS to verify the name, address, and taxpayer identification number (TIN) of a company or individual receiving payment

Date Received Stamp:

Vendor Information Form

Company/Vendor Legal Name:

Trade Name (if different):

Authorized Representative & Contact Phone:

Contact Email Address:

Physical Mailing Address:

City/State/Zip:

Email Address for Sending of PO:

Payment Remittance Address:

City/State/Zip:

Description of Goods/Services Vendor wishes to provide the District:

NO Is Vendor a TRS Retiree? YES

Does Vendor have HUB certification? (if yes, include copy of HUB certificate) YES NO

Does Vendor or Vendor’s ultimate parent company or majority owner: (A) have its principal place of business in this state; or (B) employ at least 500 persons in this state? YES NO

Co‐op Memberships & contract #(s) (check all that apply):

BuyBoard

2013/PACE Co-op

Choice Partners

Omnia Partners

TIPS

EPIC6

1GPA H-GAC TX-DIR

CTPA

TISD INTERNAL USE ONLY

COMMODITY CODE:

COMMODITY CODE:

COMMODITY CODE:

COMMODITY CODE:

FELONY CONVICTION NOTIFICATION

Section 44.034, Texas Education Code, Notification of Criminal History, 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 felony. 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.”

Subsection (c) states “This section does not apply to a publicly held corporation.”

Please complete the information below:

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 following information furnished is true to the best of my knowledge.

Vendor’s Name:

Authorized Company Official’s Name (please print or type):

Authorized Company Official must check one option (A, B, or C) and sign below:

A. The contractor/firm is not owned nor operated by anyone who has been convicted of a felony.

Signature of Company Official: Date:

B. The contractor/firm is owned or operated by the following individual(s) who has/have been convicted of a felony:

Name of Individual(s):

Details of Conviction(s):

Signature of Company Official: Date:

C. My firm is a publicly held corporation, therefore, the above reporting requirement does not apply per Section 44.034, Texas Education Code, Subsection (c).

Signature of Company Official: Date:

CH. 22 CRIMINAL HISTORY RECORDS CONTRACTOR CERTIFICATION: CONTRACTOR/SUBCONTRACTOR EMPLOYEES

Background: Texas Education Code Chapter 22 requires that criminal history records be obtained regarding covered employees of entities that contract with a school district to provide services to the school district (“Contractors”) and entities that contract with school district contractors (“Subcontractors”). Covered employees with disqualifying criminal histories are prohibited from serving at a school district.

Contractors/Subcontractors shall (1) complete this form certifying compliance with the requirements of Texas Education Code Chapter 22 to TISD; and (2) require that each of their subcontractors complies with the requirements of Texas Education Code Chapter 22.

Criminal history records will be obtained by either the Contractor/Subcontractor or TISD, as follows:

(1) Contractor/Subcontractor: The only Contractors/Subcontractors who will be granted access to obtain criminal history record information are those “qualified school contractors” that (1) contract or subcontract to provide services to TISD; and (2) are determined eligible by the Texas Department of Public Safety (DPS) to obtain criminal history record information under the National Child Protection Act of 1993 (34 U.S.C. § 40101 et seq.) (NCPA), specifically, those contractors/subcontractors who provide “care or care placement services” and are based in Texas, for an employee, applicant for employment, or volunteer of the “qualified school contractor.” All “qualified school contractors” are required to obtain their covered employees’ criminal histories, certify compliance to TISD, and obtain similar certifications from their subcontractors. Before or immediately after employing or securing the services of a person who is a “covered employee” (as defined below) the Contractor/Subcontractor shall send or ensure that the employee sends to DPS all information that is required by DPS for obtaining the person’s national criminal history record information, which may include (but is not limited to) a complete set of the person’s fingerprints and a recent electronic digital image photograph of the person, as required by DPS. DPS shall obtain the person’s national criminal history record information and report the results through the criminal history clearinghouse as provided by Texas Government Code 411.0845. For more information or to set up an account, Contractor/Subcontractor should contact the Texas Department of Public Safety’s Crime Records Service at 512.424.2474. Contractor/Subcontractor shall obtain all criminal history record information that relates to all covered employees through the criminal history clearinghouse as provided by Texas Government Code 411.0845. In addition, Contractor/Subcontractor shall require that each of its subcontracting entities obtains all criminal history record information that relates to its covered employees, if the subcontracting entity is also a “qualified school contractor.” Contractor/Subcontractor shall: (1) provide TISD with a fitness determination (as set forth below) as to each covered employee, based on all criminal history record information obtained; and (2) certify to TISD that Contractor/Subcontractor has received all criminal history record information relating to a person who is employed by or under a current offer of employment by Contractor/Subcontractor.

(2) TISD: All Contractors/Subcontractors who are not “qualified school contractors” (in other words, all Contractors/Subcontractors who do not provide “care or care placement services” or are not based in Texas) are required to follow the instructions listed below, so that TISD may obtain their covered employees’ criminal history record information, as applicable. Contractor/Subcontractor shall also require that any of its subcontracting entities that are not “qualified school contractors” follow the instructions listed below, so that TISD may obtain their covered employees’ criminal history record information.

Contractor/Subcontractor is responsible for the payment of all fingerprinting costs. Should TISD pay any costs of fingerprinting Contractor/Subcontractor employees, Contractor agrees to reimburse TISD for such costs; in the event Contractor fails to reimburse TISD for the costs of fingerprinting Contractor/Subcontractor employees, Contractor agrees that TISD may deduct such costs from any payment due and owing by TISD to Contractor.

Definitions:

• Covered employees: Employees of a Contractor/Subcontractor who have or will have continuing duties related to the service to be performed at a school district and have or will have direct contact with students. TISD will be the final arbiter of what constitutes continuing duties and direct contact with students.

• Continuing duties related to contracted services: Work duties that are performed pursuant to a contract to provide services to a school entity on a regular, repeated basis rather than infrequently or one-time only. See 19 Tex. Admin. Code §153.1101(2).

• Direct contact with students: The contact that results from activities that provide substantial opportunity for verbal or physical interaction with students that is not supervised by a certified educator or other professional district employee. Contact with students that results from services that do not provide substantial opportunity for unsupervised interaction with a student or students, such as addressing an assembly, officiating a sports contest, or judging an extracurricular event, is not, by itself, direct contact with students. However, direct contact with students does result from any activity that provides substantial opportunity for unsupervised contact with students, which might include, without limitation, the provision of coaching, tutoring, or other services to students. See 19 Tex.

Admin. Code § 153.1101(7).

• Public Works Contractor: An entity that contracts directly or subcontracts with an entity that contracts with a school district to provide construction services to the school district.

• Exception for Certain Public Works Contractors’ Employees and Applicants: The criminal history record information requirements outlined above do not apply to an employee or applicant for employment of a public works contractor (as defined above) if: (1) the public work does not involve the construction, alteration, or repair of an instructional facility as defined by Texas Education Code Section 46.001; (2) the employee’s duties will be completed not later than the seventh (7th) day before a new instructional facility will be used for instruction; or (3) for an existing instructional facility, the work area contains sanitary facilities and is separated from all areas used by students by a secure barrier fence at least six (6) feet high, and the Contractor adopts, informs employees of, and enforces a policy prohibiting employees and any subcontractor’s employees from interacting with students or entering areas used by students.

Disqualifying criminal history:

(1) A conviction or other criminal history information designated by TISD; or (2) a felony or misdemeanor offense that would prevent a person from being employed under Texas Education Code § 22.085(a), that is: (a) conviction of a felony offense under Title 5, Texas Penal Code if at the time of the offense, the victim was under 18; (b) conviction of or placement on deferred adjudication community supervision for an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) conviction of an offense under federal law or the laws of another state that is equivalent to (a) or (b).

Types of Criminal History Record Information:

• National criminal history record information from the Texas Department of Public Safety criminal history clearinghouse. TISD and/or Contractor/Subcontractor may obtain from any law enforcement or criminal justice agency all criminal history record information that relates to a covered employee.

On behalf of _______________________________________ (“Contractor/Subcontractor”), I, the undersigned authorized signatory for Contractor/Subcontractor, certify to Tomball Independent School District (“TISD”) (and, in the case of a Subcontractor, certify to Contractor and TISD) that [check one]:

[ ] OPTION A: Contractor/Subcontractor certifies that none of the employees of Contractor/Subcontractor are covered employees, as defined above. For each covered employee who is employed by or under a current offer of employment by Contractor/Subcontractor, Contractor/ Subcontractor certifies to TISD that it will timely complete the “Contractor Criminal History Background Check Certification” form and submit such to TISD. If this box is checked, I further certify that Contractor/Subcontractor has taken precautions or imposed conditions to ensure that its employees will not become covered employees.

Contractor/Subcontractor will ensure that these precautions or conditions continue to exist throughout the time that the contracted services are provided. If TISD, in its sole discretion, determines that employees of Contractor/Subcontractor are covered employees, as defined above, Contractor/Subcontractor will provide TISD with the name, date of birth, and any other requested information of such covered employees so that TISD may obtain criminal history record information on the covered employees, upon request by TISD.

Or [ ] OPTION B: Contractor/Subcontractor certifies that some or all of the employees of Contractor/Subcontractor are covered employees, but the criminal history record information requirements do not apply to its employees or applicants for employment because:

(1) Contractor/Subcontractor is a public works contractor (an entity that contracts directly or subcontracts with an entity that contracts with a school district to provide construction services to the school district); and

(2) the public work does not involve the construction, alteration, or repair of an instructional facility as defined by Texas Education Code Section 46.001; the employee’s duties will be completed not later than the seventh (7th) day before a new instructional facility will be used for instruction; or for an existing instructional facility, the work area contains sanitary facilities and is separated from all areas used by students by a secure barrier fence at least six (6) feet high, and the Contractor adopts, informs employees of, and enforces a policy prohibiting employees and any subcontractor’s employees from interacting with students or entering areas used by students.

If this option is selected, Contractor/Subcontractor further certifies to TISD that:

(a) Contractor/Subcontractor shall ensure that the conditions or precautions that resulted in the determination that the criminal history record information requirements do not apply to its employees or applicants for employment continue to exist throughout the time that the contracted services are provided;

(b) For each covered employee who is employed by or under a current offer of employment by Contractor/Subcontractor, Contractor/Subcontractor will timely complete the “Contractor Criminal History Background Check Certification” form and submit such to TISD; and

(c) If TISD, in its sole discretion, determines that the conditions in paragraph (1) and/or (2) above are not satisfied as to Contractor/Subcontractor, Contractor/Subcontractor will provide TISD with the name, date of birth, and any other requested information of its covered employees so that TISD may obtain criminal history record information on the covered employees, upon request by TISD.

Or [ ] OPTION C: Contractor /Subcontractor certifies that some or all of the employees of Contractor/Subcontractor are covered employees, and Contractor/ Subcontractor is a “qualified school contractor.” For each covered employee who is employed by or under a current offer of employment by Contractor/Subcontractor, Contractor/Subcontractor certifies to TISD that it will timely complete the “Contractor Criminal History Background Check Certification” form and submit such to TISD. If this option is selected, I further certify that:

(1) Contractor/Subcontractor certifies to TISD that Contractor/Subcontractor has received all criminal history record information relating to a person who is employed by or under a current offer of employment by Contractor/Subcontractor. Contractor/Subcontractor provides TISD with the following fitness determination as to each covered employee, based on all criminal history record information obtained:

None of the covered employees has a disqualifying criminal history.

(2) If Contractor/Subcontractor at any time receives information that a covered employee subsequently has a reported disqualifying criminal history, Contractor/Subcontractor will immediately remove the covered employee from contract duties and notify TISD in writing within 3 business days.

(3) Upon request by TISD, Contractor/Subcontractor will provide TISD with the name, date of birth, and any other requested information of covered employees so that TISD may obtain criminal history record information on the covered employees.

Or [ ] OPTION D: Contractor/Subcontractor certifies that some or all of the employees of Contractor/Subcontractor are covered employees, and Contractor/Subcontractor is not a “qualified school contractor.” If this option is selected, I further certify that:

(1) For each covered employee who is employed by or under a current offer of employment by Contractor/Subcontractor, Contractor/Subcontractor certifies to TISD that will timely complete the “Contractor Criminal History Background Check Certification” form and submit such to TISD, providing the following information regarding each covered employee as required by DPS in order to provide criminal history record information, so that TISD may obtain the covered employees’ criminal history record information: (a) Full name (first, middle, and last); (b) Date of birth; (c) Sex; (d) Social Security number; (e) number assigned to any form of unexpired identification card issued by Texas or another state, the District of Columbia, or a U.S. territory that includes the person’s photograph; (f) if the employee has ever been fingerprinted by a public school district in Texas (and if so, the name of the school district); and (g) the person’s written consent to the release of his or her criminal history record information.

(2) Contractor/ Subcontractor shall provide TISD’s “Texas Fingerprint Service Code Form” document to all covered employees and ensure that they schedule fingerprinting appointments in a timely manner.

Contractor/Subcontractor shall be solely responsible to send or ensure that each covered employee sends to DPS all information that may be required by DPS for obtaining national criminal history record information, which may include, but is not limited to, a complete set of the person’s fingerprints and a recent electronic digital image photograph of the person. Any covered employee whose criminal history record information is not received by TISD at least ten (10) TISD business days prior to the start of the services to be performed by Contractor/Subcontractor at TISD is subject to exclusion from service, in TISD’s sole discretion, until his or her criminal history record information can be obtained and reviewed by TISD. Contractor/Subcontractor is responsible for the payment of all fingerprinting costs.

Because Contractor/Subcontractor is not a “qualified school contractor,” it will not be permitted to view the criminal history record information obtained by TISD.

(3) DPS shall obtain the person’s national criminal history record information and report the results through the criminal history clearinghouse as provided by Texas Government Code 411.0845. Contractor/ Subcontractor agrees that TISD will obtain all criminal history record information that relates to a covered employee through the criminal history clearinghouse as provided by Texas Government Code 411.0845.

Contractor/Subcontractor agrees that TISD will review each covered employee’s criminal history record information, together with the employee’s qualifications, background, and experience, based on information gathered by TISD through the procurement and/or contracting processes, to determine, in TISD’s sole discretion, whether any covered employee(s) should be prohibited from serving at TISD. TISD will notify Contractor/Subcontractor of its determination.

(4) If TISD at any time receives information that a covered employee subsequently has a reported disqualifying criminal history or should be prohibited from serving at TISD, in TISD’s sole discretion, for any other reason, including, but not limited to, the employee’s qualifications, background, and experience, based on information gathered by TISD through the procurement and/or contracting processes, TISD will notify Contractor/Subcontractor of its determination. Contractor/Subcontractor will immediately remove the covered employee from contract duties.

Upon contract award and/or initiation of PO/contract from TISD, the winning proposer/Contractor shall complete TISD’s “Contractor Criminal History Background Check Certification” form, providing the following information regarding each covered employee as required by DPS in order to provide criminal history record information, so that TISD may obtain the covered employees’ criminal history record information: (a) Full name (first, middle, and last); (b) Date of birth; (c) Sex; (d) Social Security number; (e) number assigned to any form of unexpired identification card issued by Texas or another state, the District of Columbia, or a U.S. territory that includes the person’s photograph; (f) if the employee has ever been fingerprinted by a public school district in Texas (and if so, the name of the school district); and (g) the person’s written consent to the release of his or her criminal history record information. Contractor/ Subcontractor shall be solely responsible to send or ensure that each covered employee sends to DPS all information that may be required by DPS for obtaining national criminal history record information, which may include, but is not limited to, a complete set of the person’s fingerprints and a recent electronic digital image photograph of the person.

If, during the term of the contract with TISD, Contractor/Subcontractor employs additional covered employees or assigns new covered employees to perform services at TISD, Contractor shall immediately notify TISD and provide TISD with all of the information listed in the preceding paragraph as to each additional covered employee, so that TISD may obtain the additional covered employees’ criminal history record information. If, during the term of the contract with TISD, Contractor/Subcontractor ceases to employ a covered employee in connection with an TISD contract, whose information was previously provided to TISD, Contractor/Subcontractor shall immediately notify TISD of the same and provide TISD with each former covered employee’s (a) Full name (first, middle, and last); (b) Date of birth; (c) Sex; (d) Social Security number;

and (e) number assigned to any form of unexpired identification card issued by Texas or another state, the District of Columbia, or a U.S. territory that includes the person’s photograph, so that TISD may unsubscribe from that individual’s criminal history record.

If TISD, in its sole discretion, objects to the assignment of a covered employee for any reason, including, but not limited to, on the basis of the covered employee’s criminal history record information and/or insufficient qualifications, lack of experience, and the like, based on information gathered by TISD through the procurement and/or contracting processes, Contractor/Subcontractor agrees to discontinue using that covered employee to provide services at TISD.

I also certify to TISD (and, in the case of a Subcontractor, certify to Contractor and TISD) on behalf of Contractor/Subcontractor that Contractor/Subcontractor has required its subcontractors to comply with Texas Education Code, Chapter 22 and obtained certifications from its subcontractors of such compliance.

Noncompliance or misrepresentation regarding this certification may be grounds for contract termination.

Signature Title Date

TISD CONFLICT OF INTEREST DISCLOSURE STATEMENT

Tomball Independent School District (TISD) is required to comply with Texas Local Government Code Chapter 176, Disclosure of Certain Relationships with Local Government Officers. House Bill 23 significantly changed Chapter 176 as well as the required disclosures and the corresponding forms. As of September 1, 2015, any vendor who does business with TISD or who seeks to do business with TISD must fill out the new Conflict of Interest Questionnaire (CIQ) whether or not a conflict of interest exists. A conflict of interest exists in the following situations:

1) If the vendor has an employment or other business relationship with a local government officer of TISD or a family member of the officer, as described by section 176.003(a)(2)(A) of the Texas Local Government Code; or

2) If the vendor has given a local government officer of TISD, or a family member of the officer, one or more gifts with the aggregate value of $100, excluding any gift accepted by the officer or a family member of the officer if the gift is: (a) a political contribution as defined by Title 15 of the Election Code; or (b) a gift of food accepted as a guest; or

3) If the vendor has a family relationship with a local government officer of TISD.

“Vendor” means a person who enters or seeks to enter into a contract with a local governmental entity. The term includes an agent of a vendor. The term includes an officer or employee of a state agency when that individual is acting in a private capacity to enter into a contract. The term does not include a state agency except for Texas Correctional Industries. Texas Local Government Code 176.001(7).

“Business relationship” means a connection between two or more parties based 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 an agency 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 and that is subject to regular examination by, and reporting to, that agency. Texas Local Government Code 176.001(3).

“Family relationship” means a relationship between a person and another person within the third degree by consanguinity or the second degree by affinity, as those terms are defined by Subchapter B, Chapter 573, Government Code. Texas Local Government Code 176.001(2-a).

“Local government officer” means: (A) a member of the governing body of a local governmental entity; (B) a director, superintendent, administrator, president, or other person designated as the executive officer of a local governmental entity; or (C) an agent of a local governmental entity who exercises discretion in the planning, recommending, selecting, or contracting of a vendor. Texas Local Government Code 176.001(4).

• TISD Board of Trustees and Superintendent include:

Mr. John E. McStravick Mr. Mark Lewandowski Dr. Michael J. Pratt Mrs. Tina Salem

Mr. Coco White Mrs. Amanda Bass Mrs. Jennifer Kratky Dr. Martha Salazar-Zamora, Superintendent

If no conflict of interest exists, you must fill out Box 1 and type N/A on Box 3 of the CIQ form, sign and date it. In the event of changed circumstances, an updated CIQ must be filed within seven (7) business days after the vendor becomes aware that a conflict of interest exists.

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

This 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 who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. 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. An offense under this section is a misdemeanor.

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

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

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

Name of Officer

4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, 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 Form CIQ as necessary.

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 direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an

Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as 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 ownership interest of one percent or more.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021

**PLEASE SIGN, EVEN IF NO CONFLICT EXIST**

Proposer/Vendor Certification Forms

a. Certification Regarding Terrorist Organizations Vendor hereby certifies that it is not a company identified on the Texas Comptroller’s list of companies known to have contracts with, or provide supplies or services to, a foreign organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State.

________ Initials of Authorized Representative of Vendor

b. Certification Regarding Boycotting of Israel If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees;

and (c) this Agreement has a value of $100,000 or more, the following certification shall apply;

otherwise, this certification is not required. Pursuant to Chapter 2271 of the Texas Government Code, the Vendor hereby certifies and verifies that neither the Vendor, nor any affiliate, subsidiary, or parent company of the Vendor, if any (the “Vendor Companies”), boycotts Israel, and the Vendor agrees that the 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 refusing to deal with, terminating business activities with, 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, but does not include an action made for ordinary business purposes.

________ Initials of Authorized Representative of Vendor, if applicable

c. Certification Regarding Contracting Information If Vendor is not a governmental body and (a) this Agreement has a stated expenditure of at least $1 million in public funds for the purchase of goods or services by TISD; or (b) this Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or services by TISD in a fiscal year of TISD, the following certification shall apply; otherwise, this certification is not required. As required by Tex. Gov’t Code § 552.374(b), the following statement is included in the RFP and the Agreement (unless the Agreement is (1) related to the purchase or underwriting of a public security; (2) is or may be used as collateral on a loan; or (3) proceeds from which are used to pay debt service of a public security of loan): “The requirements of Subchapter J, Chapter 552, Government Code, may apply to this RFP and Agreement and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.” Pursuant to Subchapter J, Chapter 552, Texas Government Code, the Vendor hereby certifies and agrees to (1) preserve all contracting information related to this Agreement as provided by the records retention requirements applicable to TISD for the duration of the Agreement; (2) promptly provide to TISD any contracting information related to the Agreement that is in the custody or possession of the Vendor on request of TISD; and (3) on completion of the Agreement, either (a) provide at no cost to TISD all contracting information related to the Agreement that is in the custody or possession of Vendor, or (b) preserve the contracting information related to the Agreement as provided by the records retention requirements applicable to TISD.

________ Initials of Authorized Representative of Vendor, if applicable

d. Certification Regarding Boycotting Certain Energy Companies If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees;

and (c) this Agreement has a value of $100,000 or more that is to be paid wholly or partly from public funds, the following certification shall apply; otherwise, this certification is not required.

Pursuant to TEX. GOV’T CODE Ch. 2276 of SB 13 (87th session), Vendor hereby certifies and verifies that Vendor, or any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of these entities or business associations, if any, does not boycott energy companies and will not boycott energy companies during the term of the Agreement. For purposes of this Agreement, the term “company” shall mean an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, that exists to make a profit. The term “boycott energy company” shall mean “without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (a) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law, or (b) does business with a company described by paragraph (a).” See TEX. GOV’T

CODE § 809.001(1).

e. Certification Prohibiting Discrimination Against Firearm and Ammunition Industries If (a) Vendor is not a sole proprietorship; (b) Vendor has at least ten (10) full-time employees;

(c) this Agreement has a value of at least $100,000 that is paid wholly or partly from public funds; (d) the Agreement is not excepted under Tex. Gov’t Code § 2274.003 of SB 19 (87th leg.); and (e) TISD has determined that Vendor is not a sole-source provider or TISD has not received any bids from a company that is able to provide this written verification, the following certification shall apply; otherwise, this certification is not required. Pursuant to Tex. Gov’t Code Ch. 2274 of SB 19 (87th session), Vendor hereby certifies and verifies that Vendor, or association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary parent company, or affiliate of these entities or associations, that exists to make a profit, does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of this contract against a firearm entity or firearm trade association. For purposes of this Agreement, “discriminate against a firearm entity or firearm trade association” shall mean, with respect to the entity or association, to: “(1) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association;

(2) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (3) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association. See Tex. Gov’t Code § 2274.001(3) of SB 19. “Discrimination against a firearm entity or firearm trade association” does not include: “(1) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (2) a company’s refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency, or for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity’s or association’s status as a firearm entity or firearm trade association.”

See Tex. Gov’t Code § 2274.001(3) of SB 19.

f. Certification Regarding Certain Foreign-Owned Companies in Connection with Critical Infrastructure TISD is prohibited from entering into a contract or other agreement relating to critical infrastructure that would grant to Vendor direct or remote access to or control of critical infrastructure in this state, excluding access specifically allowed by TISD for product warranty and support purposes. Vendor certifies that neither it nor its parent company nor any affiliate of Vendor or its parent company, is (1) owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or a designated country; (2) a company or other entity, including governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or (3) headquartered in China, Iran, North Korea, Russia, or a designated country. For purposes of this Agreement, “critical infrastructure” means “a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.” See TEX. GOV’T CODE § 2275.0101(2) of SB 1226 (87th leg.). Vendor verifies and certifies that Vendor will not grant direct or remote access to or control of critical infrastructure, except for product warranty and support purposes, to prohibited individuals, companies, or entities, including governmental entities, owned, controlled, or headquartered in China, Iran, North Korea, Russia, or a designated country, as determined by the Governor.

REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY / RECIPIENT AND

SUBRECIPIENT CONTRACTS UNDER FEDERAL AWARDS – APPENDIX II TO 2 C.F.R. PART 200

The following provisions are required and apply when federal funds are expended by Tomball ISD for any contract resulting from this procurement process. Tomball ISD is the subgrantee or subrecipient by definition. In the event of a conflict or inconsistency between the following terms and conditions and any provision of any contract, agreement, or Purchase Order, the following terms and conditions shall control.

In addition to other provisions required by the federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. Accordingly, the parties agree that the following terms and conditions apply to the Contract/PO between TISD and Vendor in all situations where Vendor has been paid or will be paid with federal funds:

(A) Contracts for more than the simplified acquisition threshold currently set at $250,000 (2 CFR § 200.320), which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, 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.

Pursuant to Federal Rule (A) above, when federal funds are expended by Tomball ISD, Tomball ISD reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.

Does vendor agree? YES NO

Initials of Authorized Representative of Vendor

(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000)

Pursuant to Federal Rule (B) above, when federal funds are expended by Tomball ISD, Tomball ISD reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Vendor, in the event vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation; (4) to the greatest extent authorized by law, if an award no longer effectuates the program goals or priorities of the Federal awarding agency or Tomball ISD. Tomball ISD also reserves the right to terminate the contract immediately, for convenience, if Tomball ISD believes, in its sole discretion that it is in the best interest of Tomball ISD to do so. The vendor will be compensated for work performed and accepted and goods accepted by Tomball ISD as of the termination date if the contract is terminated for convenience of Tomball ISD. If Tomball ISD terminates the contract for any reason, written notice of termination will be provided to vendor. Any award under this procurement process is not exclusive and Tomball ISD reserves the right to purchase goods and services from other vendors when it is in the best interest of Tomball ISD.

Does vendor agree? YES NO

Initials of Authorized Representative of Vendor

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 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 Part, 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 part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

Pursuant to Federal Rule (C) above, when federal funds are expended by Tomball ISD on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.

Does vendor agree to abide by the above? YES NO

________Initials of Authorized Representative of Vendor

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by recipients or subrecipients 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 Part 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. The recipients or subrecipients 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. The recipient or subrecipient 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 Part 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. The recipient or subrecipient must report all suspected or reported violations to the Federal awarding agency.

Pursuant to Federal Rule (D) above, when federal funds are expended by Tomball ISD, during the term of an award for all contracts and subgrants for construction or repair, the vendor will be in compliance with all applicable Davis-Bacon Act provisions.

(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the recipient or subrecipient 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 regulations (29 CFR Part 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.

Pursuant to Federal Rule (E) above, when federal funds are expended by Tomball ISD, the vendor certifies that during the term of an award for all contracts by Tomball ISD resulting from this procurement process, the vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act.

Does vendor agree? YES NO

Initials of Authorized Representative of Vendor

(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding…