ESBD_393220_1738100239291_Financial Advisor Services.pdf

REQUEST FOR PROPOSALS

FINANCIAL ADVISORY SERVICES

RFP-0225-FAS

BID ITEM: Financial Advisory Services

BID DESCRIPTION: Financial Advisory Services

BID DEADLINES: Tuesday, February 25, 2025, at 3:00 PM CST

San Benito Consolidated Independent School District (SBCCISD) is interested in the procuring services for the above-mention item. The request for proposals will be received at the John F. Barron Administration Building, Attn: Mr. Orlando Lopez, President of the Board of Trustees, 240 North Crockett Street, San Benito TX 78586.

Interested bidders may obtain specifications and information for bidding by contacting Eddie Cavazos, Purchasing Director, SBCCISD, 2001 UTEX Drive, San Benito, Texas 78586, telephone number (956) 361-6390 or at www.sbcisd.net

Ms. Monica Mata

Chief Financial Officer

San Benito CCI http://www.sbcisd.net/

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RFP-0225-FAS Financial Advisory Services

SAN BENITO INDEPENDENT SCHOOL DISTRICT

Financial Advisory Services

(RFP-0225-FAS)

TABLE OF CONTENTS

THIS SHEET DOES NOT HAVE TO BE RETURNED

DESCRIPTION OF ITEM PAGE

1. STANDARD TERMS & CONDITIONS 4-6

2. SCOPE OF SERVICES & QUALIFICATIONS 7 – 9

3. PROPOSAL RESPONSE FORMAT 10 – 11

(Including Costing, References & List of Previous Clients)

4. FELONY CONVICTION NOTIFICATION 12

5. PROPOSAL SPECIFICATIONS COMPLIANCE SHEET 13

6. EVALUATION CRITERIA & POINTS VALUE 14 - 15

7. NON-COLLUSION STATEMENT & SIGNATURE SHEET 16

8. CONFIDENTIAL DISCLOSURE STATEMENT 17 - 18

9. INTENT TO SUBMIT PROPOSAL PAGE 19

10. OTHER REQUIRED FORMS LIST 20

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SAN BENITO CONSOLIDATED INDEPENDENT SCHOOL DISTRICT

STANDARD TERMS AND CONDITIONS

NOTICE TO OFFERORS

ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF THIS

PROPOSAL UNLESS SUPERSEDED BY ANY ATTACHED TERMS AND SUPPLEMENTAL

CONDITIONS OR SPECIFICATIONS IN WHICH CASE ATTACHED CONDITIONS WILL

PREVAIL. ANY EXCEPTIONS MUST BE IN WRITING.

1. Proposals should be submitted on this form and continued any attached list(s) of items offered. Each proposal shall be placed in a separate envelope, sealed and properly identified with the proposal title, proposal number and date to be opened. Responses sent by overnight mail should have proposal # written on delivery ticket.

2. Proposals must be received at the Office of the Chief Financial Officer before the hour and date specified. Late proposals will not be considered under any circumstances and will be mailed back unopened.

3. Proposals must have original signatures. Faxed responses will not be considered.

4. Proposal prices should be F.O.B. San Benito CISD, San Benito, TEXAS, Freight Prepaid

(inside delivery).

5. Deliveries under terms of this proposal will be in accordance with the dates indicated therein. When the date is not indicated, the vendor will enter the earliest date which can be assured. If delays are foreseen, written notice shall be given to the District. Extensions to complete orders will be considered as failure to meet delivery dates and may result in removal of the vendor from the approved vendors list. All goods are subject to inspection and return, at the expense of the vendor, if found to be inferior to those specified.

6. Delivery shall be made during normal working hours (8am – 5pm, Monday thru Friday) and all deliveries will be received at the San Benito CISD Warehouse 2001 UTex Drive.; San Benito, TX

78586, unless prior approval has been obtained from the district.

7. Unit Price & Extended Cost: The unit cost entered, and the extended cost provided is solely the responsibility of the vendor submitting this proposal. Offer unit price on quantity and if specified extend and show the total. In case of error in extension, the item in question will not be included as part of your proposal. San Benito CISD will not enter or correct extended costs.

8. Proposal prices and/or discounts must be firm for acceptance for ninety (90) days from proposal opening date. No proposals may be withdrawn without written approval after a contract has been signed, or partial performance of the proposal agreement has begun.

9. Failure to manually sign proposal will disqualify it. Persons signing proposals should show title or authority to bind their firm to a contract.

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Financial Advisory Services

Standard Terms & Conditions (continued)

10. The district is exempt from Excise and Sales Tax: Federal, State and Local. Do not include tax in the proposal. If it is determined that tax was included in the proposal, it will not be included in the tabulation or any awards. Tax exemption certificates will be furnished upon request.

11. Any catalog, brand name or manufacturer's reference used in the proposal request is descriptive - not restrictive - it is intended to indicate the type and quality desired.

Proposals on brands of like nature and quality will be considered. If proposing on other than reference specifications, proposal must include manufacturer, brand, model, etc. of article offered. If brand other than that specified is offered, complete descriptive information of said article must be included with the proposal. If offeror takes no exception to specifications of reference data, brand names, models, etc., items must be furnished as specified.

12. All items offered should be designated "as specified" or "equal".

13. On items designated "equal", samples must be furnished within five (5) working days after proposal opening at no cost to the district, if requested. If not destroyed in examination they will be returned to the offeror upon request, at their expense.

14. All items offered must be new, in first class condition, including containers suitable for shipment and storage, unless otherwise indicated on the proposal. Failure to submit requested samples (if any) may be terms for not considering the proposed item.

15. The District reserves the right to accept or reject all or any part of any proposal, waive minor technicalities and award the proposal to best serve the interest of the District.

16. The District reserves the right to purchase additional quantities, not to exceed 100 % of quantities listed, throughout the proposal period as listed on this proposal subject to verification of the same or lower prices and same conditions of this proposal. All purchases will be made contingent on the availability of funds.

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

18. No Proposal: All proposal forms should be signed as needed and returned even if the offeror is unable to submit a proposal at this time but wishes to remain on offerors’ list.

19. Awarding of Proposal: This contract may be awarded to only one vendor. Awarding of this proposal will be made to the offerors that presents “the best value to the district” based on the criteria and points listed on pages 14 – 15.

20. Substitutions: Substitutions from the brand (s) offered on the proposal will not be accepted after

Board approval of the proposals unless approved in writing by the Executive for Business and

Finance or the Purchasing Manager. Samples of possible substitution items may be requested at any period.

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Financial Advisory Services

Standard Terms & Conditions (continued)

21. Cash Refunds: Cash refunds should not be given to any individuals for returned items acquired through a purchase order. If cash refunds are necessary, they should be mailed directly to the

District’s Business Office.

22. No Guaranteed Volume Quantities: The Range of Total Estimated Expenditures is based approximately on a twelve (12) month period. No quantity volume is guaranteed.

23. Order: San Benito CCISD will order from the successful vendor by purchase orders as the supplies are needed and based on the availability of funds. Items to be purchased will be listed on the signed purchase orders.

Any items shipped/delivered to any school or department by an awarded vendor(s) without a written/signed SBCISD Purchase Order will not be paid by the district.

24. Installation (if included in specifications) - The successful proposer shall provide the following services and requirements at no additional cost above the initial proposal price on equipment or furniture. Provide transportation of the items to the building, locating the items in the proper location within the building, uncrating, complete assembly and adjustment by a trained installation mechanic and removal of all debris. Equipment is to be complete including operating/owner’s manuals, wiring, and piping, and made ready for electrical and/or fluid service connection by the School District.

After connections, make the machine ready, start up, analyze and correct any malfunctions of the equipment. Provide all materials, equipment and labor to place machinery in top operating conditions or to fully assemble furniture.

25. Venue: Any disputes or litigation that could arise related to this proposal shall have as “Venue,”

Cameron County in the State of Texas.

26. Government Immunity: San Benito CISD does not transfer or convey its governmental immunity to any vendor.

27. Payment Terms: Payment for items acquired under this proposal will be paid “net, 30 days,” after satisfactory receipt of goods ordered, or receipt of invoice, whichever occurs later.

28. Term of Contract: The term of this contract will be for one (1) year effective October 15, 2024, or after board approval, whichever occurs last. The District retains the option to extend this contract for two additional 1-year terms if all parties agree to the renewal in writing. Furthermore, all terms and conditions will remain in effect through the extension year(s). In no instance shall this extension be considered automatic.

29 Fingerprinting: Due to Senate Bill 9, you and any member of your company may be asked to submit fingerprinting documentation and have a criminal background check done.

Date Company Name

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SAN BENITO CONSOLIDATED INDEPENDENT SCHOOL DISTRICT

1. INTRODUCTION

The San Benito Consolidated Independent School District (herein after referred to as “SBCISD” or the

“District”) is seeking proposals from firms or individuals qualified and experienced as a Financial Adviser.

A Financial Adviser is being sought to analyze existing financial resources, develop optional financing plans, and guide the District’s Financial Officer through the debt issuance and structuring process. The

District anticipates that it will be necessary to issue additional bonds and/ district tax notes as part of its debt issuance and restructuring plan.

2. OVERVIEW

SBCCISD and its Board of Trustees are seeking proposals from qualified Financial Advisers to provide financial consulting, capital planning and debt management for future debt financing.

SBCCISD serves 9,029 students and has an annual budget of $131,604,798 million. The District is governed by an elected seven (7) member Board of Trustees who hire the District Superintendent to manage the daily operations.

The district intends to award the contract to a single firm. The terms of the agreement shall commence the date of award by the Board of Trustees through October 15, 2025, with the option to extend the contract for two (2) additional one (1) year terms, upon approval by the Board of Trustees.

3. SCOPE OF SERVICE AND PERFORMANCE REQUIREMENTS

The Financial Adviser(s) will be required to perform professional financial advisory services for the

District in connection with pre-sale strategic financial analysis, authorization, on-going quantitative analysis, marketing, preparation of offering documents, issuance, sale, and delivery of debt instruments, as well as provide ongoing service after the successful delivery of a debt issue. Among other things, the

Financial Adviser(s) will be required to provide professional services and perform the duties normally expected of such firms, which are generally described below.

A. Review and analyze debt structures, tax revenue, cash flows and trends, and current and proposed taxing requirements. The analysis will take into account any outstanding obligations which are payable from the net revenues thereof, additional net revenues from any proposed increases and/or additional net revenues as projected by consultant analysis, evaluation, and pro forma cash flows.

Based on such financial findings, the Financial Adviser(s) shall devise and recommend for the district’s approval, a plan of financing under terms and conditions most advantageous to the District, consistent with a minimum effective interest rate.

B. Assist the District in the selection of financial underwriting firms including the preparation of the request for proposal to provide financial underwriting services, in-depth evaluation of proposals submitted, oral presentations, and selection of the financial underwriting pool and financial underwriting syndicates for specific transactions.

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C. Assist the District in all aspects of both competitive and negotiated transactions including (as applicable), but not limited to the following:

1. Assist in the preparation of an Official Statement or Prospectus containing official data and other information ordinarily required in bidding on obligations.

2. Advise the District of current bond market conditions, forthcoming bond issues and other general information and economic data which might normally be expected to influence interest rates or bidding conditions, so that the date for the sale of any obligations in the open market can be set at a time which is viewed to be most favorable.

3. Assist the District with the sale and delivery of bonds and/or certificates, or other debt instruments.

4. Assist the District in securing competitive bids for credit enhancement, paying agent/registrar banks, trustee banks, escrow agents, financial printers, and other services rendered from other parties associated with financial transactions.

5. Consult with the District on the matter of bond ratings for the proposed issue and when so instructed, direct the preparation of such information as is required for submission to the bond rating agencies. In the event it is considered advisable by the District for a personal presentation of information to the bond rating agencies, the Financial Adviser(s) will accompany those representing the District before such bond rating agencies.

6. Assist the District in the compilation and preparation of information, as needed, for submission to the Texas Education Agency/municipal bond insurance companies for consideration to qualify the proposed issue for either the Permanent School Fund Guarantee Program or municipal bond insurance.

7. Assist the District in planning and coordination of other miscellaneous activities in connection with the issuance of debt as necessary.

8. Assist the District with the Commercial Paper Program (including remarketing agent contract renewals.)

D. The District retains Bond Counsel to prepare the proceedings and provide counsel with respect to all actions related, but not limited to, the legal issuance and final delivery of the District’s obligations, issuance of an opinion approving the legality of the District’s obligations, and the preparation of legal proceedings for a bond election if required. The Financial Adviser shall collaborate with Bond Counsel and shall assist in all the financial advisory aspects involved in the preparation of appropriate legal proceedings and documents.

E. If a bond election is required, the Financial Adviser(s) will assemble and transmit to Bond Counsel such data as may be required in the preparation of the necessary petitions, orders, resolutions, notices, and certificates; and will assist the District in the expeditious handling thereof.

F. The Financial Adviser(s) shall advise, inform, and assist the District with performing due diligence investigations with respect to financial underwriting firms that the District may contemplate utilizing in a financing transaction. Such due diligence shall include matters pertaining to the knowledge of, or investigation into, a firm’s alleged or convicted financial misconduct, securities violations, Justice Department investigation(s), or other financial distrust.

G. Advise and assist the District in complying with, and preparing continuing disclosure of financial information and operating data pursuant to Securities and Exchange Commission Rule 15c2-12.

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H. Assist the District with other financial analyses as needed, including reviewing and analyzing debt structures, revenue cash flows and other proposed financings.

4. QUALIFICATIONS

A complete description of your firm’s ability to represent the District as Financial Adviser which should include, but is not limited to, the following:

A. A description of the assigned Financial Adviser’s experience during the last five (5) years as financial adviser of negotiated or competitively bid bond issues of Public-School Districts in

Texas. Include the names of the issuers, the amount of the bonds, the capacity in which the firm served, and the purpose for the issuance.

B. List the successful Public School District bond elections in Texas that the firm’s representatives being assigned to San Benito CCISD have served as financial adviser for the last five (5) years.

C. A description of how the firm is organized and how its resources will be utilized on behalf of the

District. Include discussion of firm’s financial strength in terms of net capital and assets.

D. Describe the firm’s approach and capability in designing and implementing a financial plan for a multi-year capital improvement program for the District. Include the capacity of which the assigned Financial Adviser would be involved in the described approach.

E. Provide resumes of the Financial Adviser and staff to be assigned to work with the District, including their areas of expertise, years of financial adviser experience, and the number and types of bond issues they have been involved with. List the office locations,telephone numbers and email address for these individuals and indicate the day-to-day contact as well as who will be attending any meetings with the District.

F. Describe or include any other information you believe would be helpful in assessing your firm’s ability to perform as financial adviser.

5. WRITTEN INQUIRIES

Proposers may make email inquiries concerning this RFP to obtain clarification of the requirements.

Inquiries must be submitted no later than close of business on Thursday, February 20, 2025 at 03:00 PM

CST. Questions received by this deadline and corresponding answers, will be included in an Addendum and can be found on the district website.

Questions should be emailed to: Director of Puchasing Eddie Cavazos, jecavazos@sbcisd.net mailto:jecavazos@sbcisd.net

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6. RESPONSE FORMAT AND CONTENT

Cover Page

The cover page must reflect the RFP title, Firm name, telephone number, address, contact name, title, telephone number, email address and date of proposal. The information for this

Section 6 must be submitted the exact order listed below (Section I – Section VII) following format and informational sequence:

Section I. Preface

Prefacing the proposal, the offeror should provide an Executive Summary of two (2) pages or less, which gives in brief, concise terms, a summation of the proposal.

Section II. Profile of Proposer

a. Provide a summary of the Firm’s corporate experience and individual experience for personnel who will provide this product or service. Include any license/certificate for each.

b. Provide five (5) references from School Districts in Texas that the Firms assigned

Financial Adviser has provided services to within the past five (5) years. The contact person should be familiar with the day-to-day management of the contract and be willing to respond to questions regarding the type, level, and quality of service provided. Each reference must contain the name, address, email address, and telephone number.

c. Provide information on the professional liability insurance carried out by your firm.

d. List any SEC, MSRB or other regulatory investigations or inquiries your firm is currently involved in or party to.

e. Include a copy of your firm’s standard financial advisory services agreement.

Section III. Services and Capabilities

Describe the services and capabilities as outlined in Item 3 “Scope of Service and

Performance Requirements”, and Item 4 “Qualifications” of this RFP, in the order shown.

Section IV. Financial Condition

Provide documentation, which reflects the financial condition of the Firm. Such documentation must include income statements and balance sheets for the past two (2) fiscal years immediately preceding the date of this RFP.

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Section V. Conflict of Interest Statement

Provide a statement certifying that the firm has no current or anticipated conflict of interest with the representation of the District as financial adviser.

Section VI. Costing Methodology

Provide your firm’s pricing method. Please be detailed as to how you would be billing your services. Also include any other deliverables that may be included in addition to the standard charges, if any.

Section VII. References

Provide a list of at least four (4) school district or other public entity references and include reference letters (if available). Must include the following in each reference:

• Entity Name, City and State

• Contact Name, Phone number & email

• Year of service

• Describe the financial service provided.

Section VIII. List of Clients

Provide a list of school districts or other public entities where you have been hired to provide financial advisory services in the last five (5) years. Please incude:

• Entity Name, City and State

• Contact Name, Phone number & email

• Year(s) of service

• Describe the financial service provided

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FELONY CONVICTION NOTIFICATION

State of Texas Legislative Senate Bill No. 1, Section 44.034, NotLFication 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, 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.”

THIS NOTICE IS NOT REQUIRED OF A PUBLICLY-HELD CORPORATION, BUT THE COMPANY

REPRESENTATIVE MUST CHECK OFF A SELECTION BELOW (A, B, OR C)

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 (PRINTED): ________________________________________________

SIGNATURE: _____________________________________________________________________________________

DATE: ___________________________

***** PLEASE CHECK OFF A SELECTION BELOW *****

( ) A. My firm is a publicly-held corporation, therefore, this reporting requirement is not applicable.

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

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

Name of Felon(s):_____________________________________________________________________________

Details of Conviction(s):_________________________________________________________________________

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PROPOSAL SPECIFICATIONS COMPLIANCE SHEET

TO BE FILLED IN BY OFFEROR AND SUBMITTED WITH PROPOSAL

Is this proposal in conformance with the enclosed specifications?

Yes _____ No _____

If the answer is no, offeror must identify and explain each exception taken, with reference to each page and paragraph to which the exception will apply.

It should be understood that if no exception is taken the vendor shall supply all items as specified at the time of sale. Failure to indicate any difference in products offered proposed in this proposal may be deemed sufficient grounds for rejection of a vendor's proposal.

Comments: ___________________________________________________________________

Date Company Name

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It is the intent of these specifications to secure proposals for:

For further information, please contact:

Mr. Eddie Cavazos

Purchasing Director jecavazos@sbcisd.net

San Benito Consolidated Independent School District

2001 UTEX Drive

San Benito, Texas 78586

(956) 361-6390

According to the Texas Education Code, Subchapter B, Section 44.031 (b), in determining to whom to award a contract, the district shall consider the following:

(1) the purchase price;

(2) the reputation of the vendor and of the vendor’s goods or services;

(3) the quality of the vendor’s goods or services;

(4) the extent to which the goods or services meet the district’s needs;

(5) the vendor’s past relationship with the district;

(6) the impact on the ability of the district to comply with the laws and rules relating to historically underutilized business;

(7) the total long-term cost to the district to acquire the vendor’s goods or services;

(8) whether the vendor or the vendor’s ultimate parent company or majority owner: A) has its principal place of business in this state; or B) employs at least 500 person in this state; and,

(9) any other relevant factor specifically stated in the request for bids or proposals

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PROPOSAL PRICE SHEET

Points Valuation

Criteria

Points

Costing methodology of services

2 The reputation of the vendor and of the vendor’s goods or services - references the quality of the vendor’s goods or services; - are the listed firm members licensed/certified and experienced the extent to which the goods or services meet the district’s needs – can the

Financial Advisory Firm service all of the district’s needs related to new bond/maintenance tax notes issuance and debt restructuring and/or refinancing the vendor’s past relationship with the district;

the impact on the ability of the district to comply with the laws and rules relating to historically underutilized business;

n/a the total long-term cost to the district to acquire the vendor’s goods or services;

the vendor or the vendor’s ultimate parent company or majority owner has its principal place of business in this state: (a) has its principal place of business in this state; or (b.) employs at least 500 persons in this state; and

9 any other relevant factor specifically stated in the request for bids or proposals. 5

Total Points 100

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SAN BENITO CONSOLIDATED INDEPENDENT SCHOOL

DISTRICT

NON-COLLUSION STATEMENT

& SIGNATURE SHEET

The undersigned affirms that he/she is duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this proposal in collusion with any other

Offeror, and that the contents of this proposal as to prices, terms or conditions of said proposal have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this proposal.

Further, I affirm that prior to or after the opening of this proposal, I (or any representative of my company) will not discuss the contents of this proposal with any person affiliated with San Benito CISD, other than the Chief Financial Officer or his San Benito CISD Designee prior to the awarding of this proposal. I understand that failure to observe this procedure may cause my proposal to be rejected.

I also affirm that no officer, or stockholder of the offeror (bidder) is a member of the staff, or related to any employee of the San Benito CISD except as noted herein________________________

By signing this proposal, vendor makes the assurance that vendor has not been debarred or suspended from conducting business with the U. S. Government according to Executive Order 12549 entitled “Debarment and Suspension.”

I _____________________________________ have read the standard terms and conditions

Name of Company Representative (page 4-6), I fully understand them, and will fully execute them if I am awarded this Proposal.

I have represented the truth concerning the felony conviction notification. I have checked off one of the three statements on page 12, and have signed the form.

I fully understand the proposal specifications (pages 8-11).

COMPANY _____________________________________________ EMPLOYER I. D. No.___________________

ADDRESS ______________________________________________

CITY, STATE, ZIP CODE _________________________________

AREA CODE/TELEPHONE/FAX___________________________ EMAIL_____________________________________

SIGNATURE TITLE DATE

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CONFIDENTIAL DISCLOSURE STATEMENT

For purposes of complying with the Texas Public Information Act (the “Act”), we are asking that

VENDORS interested in submitting a response to a district’s request for bids, proposals or qualifications statements INCLUDE A STATEMENT (THIS FORM) STATING WHETHER

NONE, ALL, OR SOME OF THE INFORMATION SUBMITTED WITH THEIR RESPONSES IS

CONSIDERED BY THE COMPANY AS CONFIDENTIAL BECAUSE IT MEETS ONE OR

MORE OF THE EXCEPTIONS LISTED IN THE ACT.

Failure by the company(s) to fill out and sign this form, will release San Benito CISD of any liabilities in the event San Benito CISD releases information included in their bids, proposals or qualifications statements responses as a result of complying with a request for public records under the Act.

If the Confidential Disclosure Statement is properly filed, and San Benito CISD receives a request for public records under the Act related to such vendor’s response, San Benito CISD will seek an opinion from the Texas Attorney General’s Office as required.

This Confidential Disclosure Statement is being made by:

__________________________________________________________ to San Benito CISD for the (Vendor Name) purpose of non-disclosure of various materials included in this package.

The rights and obligations of the parties with respect to such information are as follows:

1. “Disclosing Party” means a party that discloses Confidential Information under this Request. “Receiving Party” means a party that receives Confidential

Information under this Request.

2. “Confidential Information” means information of any kind which is obtained by

Receiving Party from Disclosing Party relating to this Request and which, by appropriate marking, is identified as confidential and proprietary at the time of disclosure.

3. Notwithstanding the foregoing, Confidential Information shall not include any information that:

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a) is publicly available prior to the Effective Date, or becomes publicly available thereafter through no breach of this Request by the Receiving

Party;

b) was known to the Receiving Party prior to the date of disclosure or becomes known to the Receiving Party thereafter from a third party that has no obligation to Disclosing Party to keep such information confidential;

c) is independently developed by the Receiving Party without the benefit of

Confidential Information of the Disclosing Party, as evidenced by written records; or

d) must be produced by the Receiving Party pursuant to an order of a court of competent jurCISDiction or a valid subpoena, provided that the

Receiving Party promptly notLFies the Disclosing Party and cooperates reasonably with the Disclosing Party’s efforts to contest or limit the scope of such order.

4. The Receiving Party agrees that it will maintain the Confidential Information in confidence using a reasonable standard of care, and no less than the standard of care taken to protect its or his/her own confidential information, and will use such

Confidential Information solely for the purposes of evaluating its or his/her interest in participating in a future Requests.

5. As stated above, in the event San Benito CISD receives a request for public records under the Act related to the vendor’s response, San Benito CISD will seek an opinion from the Texas Attorney General’s Office as required.

6. This Agreement shall not be construed as an obligation to enter into a Purchasing

Agreement or any other subsequent relationship or agreement.

_________________________________________________ (vendor) wishes to have the following pages protected under this agreement and not be released to a third party. The following pages are not to be disclosed unless San Benito CISD receives authorization via an opinion from the Texas Attorney General’s Office:

NONE of the Pages in this Request for Proposals (RFP-0225-FAS) is Confidential

ALL Pages in this Request for Proposals (RFP-0225-FAS) are Confidential

ONLY Pages ___________________are labeled as Confidential in this proposal (RFP-0225-FAS)

Name of Company or Firm:_______________________________________________________

By:__________________________________________ Title:_________________________________

Signature:_____________________________________ Date:_________________________________

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FINANCIAL ADVISORY SERVICES

Please fill out this form and email immediately to jecavazos@sbcisd.net if you intend to submit a proposal.

Will Submit a proposal Will NOT Submit a proposal

Company Name ______________________________________________

Address ____________________________________________________

City ___________________________ State ________ Zip ____________

Telephone Number ____________________________________________

Contact Name ________________________________________________

Email Address ________________________________________________

Please return this page to ensure that you receive any addenda issued, if any.

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OTHER REQUIRED FORMS

The forms listed below are attached as part of this proposal and are required to be completed and submitted as part of your bid package. Your bid package may not be evaluated or awarded if any of these forms are omitted.

None of the attached forms need to be notarized but are required to be signed by a person over the age of 18 and legally authorized to sign on the vendor’s behalf.

o Conflict of Interest Questioniare (Form CIQ) o Senate Bill 252 Certification Form o House Bill 89 Verification Form o Form 1295 Certificate of Interested Parties o W-9

SAN BENITO CONSOLIDATED INDEPENDENT SCHOOL

DISTRICT

ACKNOWLEDGEMENT FORM

PLEASE MAKE SURE THAT YOU HAVE DONE THE FOLLOWING:

1. YOU MUST COMPLETE AND RETURN THE FELONY CONVICTION NOTICE, NON-

COLLUSIVE AFFIDAVIT, 1295 FORM, CONFLICT OF INTEREST FORM, CRIMINAL

HISTORY RECORD INFORMATION REQUEST, CCH VERFICATION FORM, VENDOR

CERTIFICATION FORM, AND CERTIFICATION REGARDING TERRORIST

ORGANIZATIONS & BOYCOTTING OF ISRAEL. _____ YES ___ NO

_____YES ___ NO

_____YES ___ NO

_____YES ___ NO

_____YES ___ NO

____ YES ___ NO

____ YES ___ NO

_____YES ___ NO

2. YOU MUST INCLUDE INSURANCE WITH THE BID (IF REQUIRED)

3. YOU MUST INCLUDE ANY SAMPLES THAT ARE REQUIRED

4. YOU MUST INCLUDE ANY STATE CERTIFICATE OR LICENSE

WITH THE BID (IF REQUIRED)

5. YOU MUST VERIFY UNIT PRICE TO TOTAL PRICE

6. YOU MUST INCLUDE A W-9 IRS FORM

(Downloadable at www.sbcisd.net)

7. You must complete and return the HUB Certification Form and Reference Sheet

8. Have the addendum(s) been acknowledged, if applicable.

9. IF YOUR COMPANY IS NOT BIDDING ON THIS BID/PROPOSAL, PLEASE

STATE REASON.

Deviations from specifications if any: _______________________________________________________________________

I have read all the specifications and general bid requirements and do hereby certify that all items submitted meet all specifications, conditions, and instructions of said bid. The signature below confirms that our company will enter into a binding contract with San Benito C.I.S.D. for item(s) awarded to our company.

Company Name: Agent Name:

Print Name: Authorized Signature: ________________________

Address: City: ST: Zip Code: ___________

Telephone: ( ) Fax: ( ) E-mail: ______________________

Federal Id#: and/or Social Security #: _____________________________

Address for Purchasing Order Address for Payment:

Note: Please complete and submit this form with your bid or company will be disqualified.

http://www.sbcisd.net/

SAN BENITO CONSOLIDATED INDENDENT SCHOOL DISTRICT

REFERENCES:

Contractors must complete and submit three (3) references preferably school districts that your company has done work for in the past. This attachment is part of the evaluation criteria and will be weighted accordingly.

1. Contact Person__________________________________________

Company Name__________________________________________

Address__________________________________________

Phone No.__________________________________________

2. Contact Person__________________________________________

3. Contact Person__________________________________________

HUB CERTIFICATION

San Benito CISD would like to know if your company is a State of Texas registered HUB (Historically Underutilized Business).

Company Name Texas certified

HUB

VID Number (required if Texas HUB)

Yes No

(Attach copy of HUB certificate if applicable)

SAN BENITO CONSOLIDATED INDEPENDENT

SCHOOL DISTRICT

TO BE SUBMITTED WITH BID/PROPOSAL/QUOTE

FELONY CONVICTION NOTICE

State of Texas legislative Senate Bill No. 1, Section 44.034, Notification of Criminal History, Subscretioin (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.”

THIS NOTICE IS NOT REQUIRED OF A PUBLICY-HELD COROPORATION

Please check off one box and sign the form in the appropriate space(s)

I, the undersigned agent for the firm named below, certify that the information concerning notification of felony conviction has been reviewed by me and the information furnished is true to the best of my knowledge.

VENDOR’S NAME: ___________________________________________________________________

AUTHORIZED COMPANY OFFICIAL’S NAME (Printed): _________________________________

A. My firm is a publicly-held corporation, therefore, this reporting requirements is not applicable.

Signature of Company Official: _________________________________________________

B. My firm is not owned nor operated by anyone who has been convicted of a felony:

Signature of Company Official: _________________________________________________

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

Name of Felon(s): _____________________________________________________________

Details of Conviction(s): ________________________________________________________

Signature of Company Official: __________________________________________________

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 12/22/2017

FORM 1295CERTIFICATE OF INTERESTED PARTIES

OFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLYYYYY

6 UNSWORN DECLARATION

My name is _______________________________________________________, and my date of birth is _______________________________.

My address is ________________________________________________, ___________________, _______, __________, ______________.

(street) (city) (state) (zip code) (country)

I declare under penalty of perjury that the foregoing is true and correct.

Executed in ___________________ County, State of ______________ , on the _______ day of _______________, 20______.

(month) (year)

Signature of authorized agent of contracting business entity

(Declarant)

ADD ADDITIONAL PAGES AS NECESSARY

Name of Interested Party

Nature of Interest (check applicable) City, State, Country

(place of business) Controlling Intermediary

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

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

Complete Nos. 1 - 4 and 6 if there are interested parties.

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

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

Check only if there is NO Interested Party.

Mus t fi le on lin e a t w ww.et hic s.s tat e.t x.u s/F ile

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

Request for Taxpayer Identification Number and Certification

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

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

P ri nt o r ty p e.

S ee S p ec ifi c

In st ru ct io ns o n p ag e 3.

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

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

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

Individual/sole proprietor or single-member LLC

C Corporation S Corporation Partnership Trust/estate

Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ▶

Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.

Other (see instructions) ▶

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

Exempt payee code (if any)

Exemption from FATCA reporting code (if any)

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

5 Address (number, street, and apt. or suite no.) See instructions.

6 City, state, and ZIP code

Requester’s name and address (optional)

7 List account number(s) here (optional)

Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.

Social security number or Employer identification number

Part II Certification Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue

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

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

Sign Here

Signature of U.S. person ▶ Date ▶

General Instructions Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

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

• Form 1099-INT (interest earned or paid)

• Form 1099-DIV (dividends, including those from stocks or mutual funds)

• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)

• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)

• Form 1099-S (proceeds from real estate transactions)

• Form 1099-K (merchant card and third party network transactions)

• Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)

• Form 1099-C (canceled debt)

• Form 1099-A (acquisition or abandonment of secured property)

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

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

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

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

By signing the filled-out form, you:

1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued),

2. Certify that you are not subject to backup withholding, or

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

4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting, later, for further information.

Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9.

Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:

• An individual who is a U.S. citizen or U.S. resident alien;

• A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States;

• An estate (other than a foreign estate); or

• A domestic trust (as defined in Regulations section 301.7701-7).

Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners’ share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S.