3-08 - Required Document - Additional Terms.pdf
PDF 1 MB Posted
- Solicitation number
- 26-87-A
- Issued by
- Denton County, Little Cypress CDP, Texas
About this file
This is an Additional Terms document issued by the City of Lewisville Purchasing Division for an Annual Contract for Water & Wastewater Chemical - Anhydrous Ammonia. The document establishes mandatory compliance requirements and conduct standards for all bidders and contractors participating in the competitive sealed bid process. The contract is governed by Local Government Code Chapter 252, and all goods and services must comply with Americans with Disabilities Act (ADA) regulations and requirements.
The document outlines four critical provisions that bidders and awarded contractors must observe. First, an anti-lobbying provision prohibits proposers and their representatives from directly discussing or promoting their proposals with City Council members or staff between the proposal submission date and contract award, except during City-sponsored inquiries or presentations, with violations potentially resulting in proposal rejection. Second, contractors must comply with all applicable Federal, State, and local laws and ordinances affecting the contract and indemnify the City against claims arising from regulatory violations. Third, under the Immigration and Nationality Act, contractors and subcontractors must establish procedures ensuring that only workers legally eligible to work in the United States perform services or manufacture products, with the City retaining audit rights to verify completed Employment Eligibility Verification Forms (I-9). Fourth, contractors must submit a signed declaration under penalty of perjury stating they have not been found in violation of the Immigration Reform and Control Act (IRCA) within the preceding five years, ensure subcontractors provide the same declaration, maintain IRCA compliance throughout the contract term, and notify the City within fifteen working days of receiving notice of any IRCA violations. The City reserves the right to terminate the contract if the contractor or subcontractors are found untruthful regarding IRCA violations, fail to obtain required subcontractor declarations, or fail to timely notify the City of violations.
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Text version
CITY OF LEWISVILLE
PURCHASING DIVISION
ADDITIONAL TERMS
ANTI- LOBBYING PROVISION
During the period between proposal / sealed bid submission date and the contract award, proposers, including their agents and representatives, shall not directly discuss or promote their proposal with any member of the City of Lewisville City Council or City staff except during
City- Sponsored inquiries, briefings, interviews, or presentations, unless requested by the City.
This provision is not meant to preclude offerors from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential offerors, assure that contract decisions are made in public, and to protect the integrity of the RFP
Bid Evaluation process. Violation of this provision may result in rejection of the offeror’ s proposal.
LAWS AND ORDINANCES
Laws and Ordinances: The Contractor shall always observe and comply with all Federal, State and local laws, ordinances and regulations which in any manner affect the Contract or the work and shall indemnify and save harmless the City against any claim arising from the violation of any such laws, ordinances and regulations whether by the Contractor or his employees.
PROTECTION OF RESIDENT WORKERS
Protection of Resident Workers: The City of Lewisville actively supports the Immigration and
Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form ( I-9). The
Contractor and its Subcontractors shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. The City reserves the right to audit Contractor’ s or Subcontractor’ s employment records to verify the existence of a completed Employment Eligibility Verification Form ( I-9) for every worker performing services or manufacturing products under the Contract Documents. The audit will be at the City’ s expense.
IMMIGRATION REFORM AND CONTROL ACT
Immigration Reform and Control Act ( 8 U.S.C. §1324a): The City of Lewisville supports the
Immigration Reform and Control Act ( IRCA) which is a comprehensive scheme prohibiting the employment of unauthorized aliens in the United States. The Contractor shall submit a declaration signed under penalty of perjury of the laws of the State of Texas stating that it has not been found in violation of IRCA by the United States Attorney General or Secretary of
Homeland Security in the preceding five (5) years. The Contractor shall ensure that its
Subcontractors submit a declaration signed under penalty of perjury of the laws of the State of
Texas stating that they have not been found in violation of IRCA by the United States Attorney
General or Secretary of Homeland Security in the preceding five ( 5) years. The Contractor and its Subcontractors shall at all times during the term of the contract with the City comply with the requirements of IRCA and shall notify the City within fifteen ( 15) working days of receiving notice of a violation of IRCA. The City may terminate a contract with the Contractor if the City determines that ( a) the Contractor or its Subcontractors have been untruthful regarding IRCA violations in the preceding five ( 5) years; ( b) if the Contractor fails to ensure that its
Subcontractors submit the aforementioned declaration; or ( c) the Contractor or its Subcontractors fail to timely notify the City of an IRCA violation.
Contractor Name Authorized Signature
Date
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