REQUEST FOR PROPOSALS

FY26008RFP

Turnkey Services – Financing, Redevelopment, and Operator – for Downtown El Paso Childcare Facility

Release Date: Monday, June 1, 2026

Submission Deadline: Tuesday, June 23, 2026

Workforce Solutions Borderplex, Inc.

304 Texas Ave., Suite 1400

El Paso, TX 79901

(915) 887-2200 procurement@borderplexjobs.com

Workforce Solutions Borderplex, Inc. is an Equal Opportunity Employer/Program. Auxiliary aids are available upon request to individuals with disabilities. Relay Texas: Telecommunication Device for the Deaf (TDD) "711" or (800/735-2989), *800/735-2988 (Voice). La ayuda y los servicios están disponibles para las personas con discapacidad. Relay Texas: Sistema de comunicación para personas con problemas auditivos (TDD) "711" o

(800/735-2989), *800/735-2988 (Voz) mailto:procurement@borderplexjobs.com

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Workforce Solutions Borderplex (WSB) plays a central role in supporting the workforce in El Paso and the surrounding region by providing access to employment services, skills training, and affordable, high-quality childcare services, such as childcare assistance programs, childcare provider network support, parent education, and employer engagement. WSB serves the six counties in Far West Texas, including El Paso, Hudspeth, Culberson, Jeff Davis, Presidio, and Brewster Counties, and provides certain governmental functions and services for the benefit of the public, namely Childcare Funding and Administration.

Background Texas Gov't Code Chapter 791 authorizes Texas local governmental entities, including a county and a local workforce development board, to contract with one another to increase the efficiency and effectiveness of local government. El Paso County and WSB anticipate entering into a lease and related interlocal arrangement for a vacant County-owned building. Any resulting award under this RFP is contingent upon WSB first receiving the leasehold interest from El Paso County and then separately negotiating and executing an acceptable sublease and related agreement with the selected respondent.

Purpose In 2024, El Paso County contracted WSB to conduct a feasibility study to identify the demand for childcare services in the downtown area and the available supply of licensed providers. The feasibility study highlighted demand with ~11,000 employees working downtown and strong survey support (85% yes) for a downtown childcare center. After identification and evaluation of several potential sites, the consultant identified a County-owned vacant building at Campbell and First Ave (501 E. 1st Ave) as the preferred site to establish a childcare center. The site at 501 E. 1st Ave. meets downtown location goals and would accommodate over 90 children, filling a critical demand for downtown working parents.

El Paso County has agreed to lease the building to WSB for the purpose of allowing WSB to sublease the building to a third party that will provide turnkey services, including:

Securing all project financing from non-WSB sources, including private financing, philanthropy, tax-credit financing, and any other lawful funding sources needed for design, construction, equipping, and start-up of the childcare facility. WSB is contributing funding towards assessment and feasibility costs of the project (as allowed by the TWC Childcare Quality Plan) only. WSB will not contribute or reimburse funds toward the financing and construction of the building, nor the operations of the childcare center.

• Designing, constructing, and improving the premises as necessary for operation of the childcare facility, subject to all applicable laws, permits, approvals, and the terms of the lease and sublease.

• Owning and operating the facility, after completion of construction, as a properly licensed Texas child-care operation and, if serving children through Child Care Services, participating in the Texas Rising Star program as required by Texas Workforce Commission requirements.

Governing Provisions WSB is issuing this RFP to identify a qualified respondent for potential sublease and related agreements. WSB is under no obligation to award a contract, enter into a sublease, reimburse any costs incurred in proposal preparation, or proceed with the project. Any award or agreement is contingent upon WSB's receipt of the

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County lease and the successful negotiation and execution of mutually acceptable final documents. All proposals become the property of WSB, subject to applicable law, and WSB reserves the right to reject any or all proposals, waive informalities, request clarifications, and negotiate final terms in its best interest.

Insurance Requirements Any selected respondent shall provide evidence of insurance in the types and amounts required by the final sublease and related agreements before occupancy or commencement of work at the premises. If required by the final agreement, WSB shall be named as an additional insured. Refer to Attachment A, if applicable, for insurance requirements.

Debrief

Written requests must be submitted within 10 business days of the notification of the procurement decision.

DISCLOSURES AND LEGAL NOTICES

Open Records Proposals submitted in response to this RFP may be subject to disclosure under the Texas Public Information Act, Texas Gov't Code Chapter 552. Respondents seeking protection for proprietary information must clearly identify the specific information claimed to be excepted from disclosure and provide the basis for the claim under applicable law, including Texas Gov't Code Section 552.1101, as applicable. WSB does not guarantee that any information will be withheld from disclosure except as provided by law.

Misrepresentation Any materially false statement or material misrepresentation may result in disqualification, rejection of a proposal, termination of negotiations, or any other remedy available under applicable law.

Outstanding Concerns Respondents shall disclose any material pending litigation, arbitration, governmental investigation, audit finding, suspension, debarment, or other matter that could reasonably affect the respondent's ability to perform the proposed project or enter into the contemplated agreements.

Procurement Standards This solicitation is for the potential award of a sublease and related agreements for a respondent-financed project. Except as expressly stated in a final written agreement, WSB is not providing project financing or construction funding and is not obligating federal, state, or local program funds for the respondent's development costs. The selected respondent shall be solely responsible for complying with all laws, regulations, licensing requirements, and financing conditions applicable to its proposal, project development, and facility operations.

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Anticipated Schedule

Activity Date & Time (MST)

Issuance of RFP Monday, June 1, 2026

Questions Deadline Thursday, June 11, 2026, 11:30 p.m.

Answers to Questions Posted

Tuesday, June 16, 2026, by 4 p.m.

Proposals Due Tuesday, June 23, 2026, 3:00 p.m.

Contract Start Date Anticipated Sublease /Agreement Execution

Submission of Proposals WSB utilizes an all-digital procurement system. All proposals shall be submitted exclusively to the procurement email address, procurement@borderplexjobs.com

• Deadline: 3:00 p.m. MST on the date specified above.

• Official Record: The arrival of the email timestamp shall serve as the only official record of receipt.

• No Exceptions: Late submissions shall not be accepted. No hand-delivered or mailed proposals will be considered responsive.

Solicitation Workforce Solutions Borderplex ("WSB") is soliciting proposals from qualified firms interested in entering into a turnkey sublease and related agreements for the premises. The selected respondent would be expected to secure project financing, including private funding and new market tax credits if proposed, design and construct the childcare facility improvements, and, after completion, operate the facility as a properly licensed Texas child-care operator in compliance with applicable Texas Health and Human Services Commission requirements and Texas Workforce Commission program requirements.

Scope of Services Submitted proposals for this RFP must offer the following skills, qualifications, functional expertise, and deliverables as outlined below.

• The firm shall have the following expertise and/or experience, as applicable to its proposed project:

o Financially structured and developing complex public/private projects, with a detailed understanding of new market tax credits.

o Working within the legal environment and regulations governing the structuring of multi-party agreements involving both public and private entities sharing ownership, investment, risk, liability, and revenues.

o Managing and operating a licensed and regulated childcare facility within Texas Health and Human Services Licensing and Texas Workforce Commission requirements.

o Providing other expertise and/or experience that aligns with the objectives and elements of the Project.

Deliverables mailto:procurement@borderplexjobs.com

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The firm shall secure financing, complete construction, and obtain a certificate of occupancy no later than December 31, 2030. The firm shall begin operating the facility under the licenses and permits required by the Texas Health and Human Services Commission. It shall operate the childcare center in compliance with applicable Texas Health and Human Services Commission child-care regulations and Texas Workforce Commission Child Care Services and Texas Rising Star requirements, as applicable.

The firm shall commit to entering a time length lease that matches the master lease agreement between WSB and El Paso County.

Interviews Selected firms may be invited to make presentations to WSB staff. Representative(s) attending and/or hosting these presentations must be qualified to respond to questions related to any component of the proposal.

Proposal Submittal Instructions This section outlines instructions for proposal submissions. Respondents should follow these instructions to facilitate review and evaluation. WSB reserves the right to determine responsiveness and to reject proposals that materially fail to comply with the requirements of this RFP.

WSB requires detailed responses to every section within this RFP. Concise and clear content is emphasized and encouraged. To facilitate the review of the responses, firms shall follow the following format, meant to expedite review and evaluation:

- No more than 15 numbered pages, including resumes, combined into 1 PDF-formatted document.

- Emailed to Procurement@borderplexjobs.com by 3:00 pm on June 23, 2026.

All proposals should include concise but complete information about the capabilities and experience of your company related to similar projects. All responses must include information as described below:

1. Background and Overview

• Provide a brief history and overview of your firm's background, including the number of years your organization has been in operation.

• The first and last name, title/position, resume, and background of all key individuals, including consultants and contractors, to be associated with the Project.

2. Experience and Qualifications

• Describe your firm's experience and any qualifications that relate to the project.

• Provide examples of completed and operating similar projects, in which the firm played a primary role.

• Provide at least 1 client reference, including first and last name, telephone number, and e-mail address, for whom you have conducted similar services. Each listed reference should include a brief description of that project.

3. Proposed Project Concept, Finance Plan, and Approach

• A comprehensive proposal to provide full turn-key services and/or deliverables, including incurring all fees and costs.

• Outline who would develop, own, manage, operate, capitalize, refresh, renovate, repair, and maintain all facets, features, and components of the project, as needed, to keep the project in a first-class condition during the initial lease of a 20-year term (or term as per the Master Agreement between WSB and El Paso County)

• Describe your experience with managing and operating a licensed and regulated childcare facility.

• Include any additional information specific to the parameters of the RFP that will assist WSB in the overall consideration of your proposal.

mailto:Procurement@borderplexjobs.com

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4. Finance Plan

• Provide a project plan for securing funding from the philanthropy community, including, but not limited to, grants, foundations, and new market tax credits. Disclosure of names of private and anonymous donors or other sources is not required.

• Disclose the financial capability of your firm to finance its proposed project readily.

5. Exceptions

• Disclose any potential conflict of interest that the firm or any of its team members may have with WSB.

• Disclose whether you or any member of your firm has been involved in any transaction in which it defaulted on a government contract, was suspended, or debarred by a government agency.

Evaluation All proposals will be screened by an evaluation committee of WSB management. WSB's evaluation committee will evaluate the RFPs received based on the following criteria:

Criteria Maximum Points

Background and Overview 10

Experience & Qualifications (Including P3 History) 30

Proposed Project Concept and 20-Year Operational Approach 30

Finance Plan (Proven NMTC & Philanthropic Track Record) 30

Total Base Points 100

VetHUB Tiebreaker Rule

Under the Veteran Heroes United in Business (VetHUB) Program, 5 points will be awarded only in the event of a tie between equally scored proposals. Respondents shall provide a valid VetHUB Certification Number and certificate to qualify.

Evaluation ratings will be on a 100-point scale, and those proposers selected for a short list may be invited to attend an interview at the proposer's own expense. Any invitation for an oral presentation will be solely for the purpose of clarifying proposals received from each qualifying proposer and will not represent any decision on the part of the evaluation committee as to the selection of a successful proposer.

Upon review of the proposals, WSB may begin negotiations with the highest-ranked respondent. If a sublease and related agreement cannot be successfully negotiated, WSB is not obligated to enter into any agreement with any respondent on any terms or conditions. If WSB determines that additional information is needed to assess best value, WSB may conduct interviews with one or more respondents without further obligation.

Until an award is made or the solicitation is canceled, WSB may limit disclosure of proposal contents to the extent permitted by applicable law and reasonably necessary for evaluation and negotiations. After an award or cancellation, proposals may be subject to disclosure in accordance with applicable law. All proposals become the property of WSB.

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WSB reserves the right to negotiate the final fee prior to recommending any firm for a contract. WSB reserves the right to use all pertinent information (also learned from sources other than disclosed in the RFP process) that might affect WSB's judgment as to the appropriateness of an award. WSB reserves the right to waive any irregularities, request additional information from any respondent, reject any respondent, or cancel the entire process, any of which should be deemed in WSB's best interest.

Supplemental Material (optional)

• Provide any supplemental material that may clarify any of the other materials. This material may or may not be included in the evaluation of the proposal, solely at the discretion of the evaluation team.

Forms (Attachment A)

• Conflict of Interest Questionnaire (if applicable) must be signed and returned with the proposal.

• Offeror Certification and Addenda Acknowledgment (if applicable) must be signed and returned with the proposal.

Authority of Workforce Solutions Borderplex:

Workforce Solutions Borderplex ("WSB") is the local workforce development board established under Tex— Gov't Code Section 2308.253. WSB operates as a nonprofit organization pursuant to Tex. Gov't Code Section

2308.266 and administers workforce and childcare programs in the Borderplex region as authorized by applicable state and federal law, including Tex. Gov't Code Chapter 2308. Nothing in this RFP obligates WSB to expend public funds for respondent development costs except as may be expressly provided in a final written agreement.

WSB will engage a selected firm only if and when it has executed a lease agreement with El Paso County.

, 202

Dear Vendor, Chapter 176 of the Texas Local Government Code now requires that the enclosed conflict of interest questionnaire be completed and filed with Workforce Solutions Borderplex. It is respectfully requested that you acquaint yourself with the appropriate code provisions and submit the questionnaire to me along with your proposal response.

You should feel free to contact the Texas Ethics Commission at 201 East 14th Street, 10th Floor, P.O. Box 12070, Austin, TX 78711-2070, (512) 463-5800. This commission promulgated the questionnaire and instructions. Workforce Solutions Borderplex is implementing this statutory requirement.

Thank you for your cooperation, Roxanne Reta Contracts & Procurement Manager

Equal Opportunity Employer/ Program. Auxiliary aids and s ervices are available upon reques t to individuals with dis abilities . Relay Texas : 711 (Voice) or 1-800-735-2989 (TTY).

Igualdad de oportunidades de Empleo/ Programas . Equipo auxilia r y s ervicios de apoyo es tán dis ponibles para pers onas con dis capacidad a l s er requeridos . Relay Texas : 711 (Voz) o 1-800-735-2989 (TTY) Funded by all or in part of, the Department of Labor/ ETA WIOA Formula Grants and Wagner-Peys er; the Department of Health and Human Services TANF and Child Care Development Fund; and the Food and Nutrition Service SNAP Employment & Tra ining.

Workforce Solutions Borderplex Contracts and Procurement Department

About Us The Workforce Solutions Borderplex District’s Contracts and Procurement Department is compromised of the following individuals:

Contracts & Procurement Manager Roxanne Reta Telephone: (915) 887 – 2941 E-mail: roxanne.reta@borderplexjobs.com

Contracts & Procurement Specialist Alexa Chacon Rodriguez Telephone: (915) 887 – 2045 E-mail: alexa.chacon@borderplexjobs.com

Workforce Solutions Borderplex District Board of Trustees

Ruben H. Torres Chairperson – Private Sector

Michelle Fenton Secretary – Private Sector

Bobby Blanco Past Board Chairperson - Private Sector

Dr. Carlos Amaya Adult Basic and Continuing Education

Chrystal Davis Community-Based Organization

Eduardo Garcia Economic Development

Ruben Chavez Vice Chairperson - Private Sector

Chelsie Evaldi Treasurer - Private Sector

Dr. Armando Aguirre Public Education

Nancy Camarena Private Sector

Ernestina Fauntleroy Child Care Workforce

Art Garza Private Sector

Bobby Gear Jr.

Public Employment Representative

Leonard Tripper Goodman Private Sector

Randall Kinzie Private Sector

Ruby Maldonado Private Sector

Elizabeth Moya Community-Based Organization

Claudia Renteria Public Assistance

Christina Gonzalez Private Sector

Luis Hernandez Education

Alex Lopez Vocational Rehabilitation

Walter Miller Private Sector

Mary Jo Ochoa- Hernandez Literacy Council

Mica Short Community-Based Organization

Adam Valdez Organized Labor

Melissa Zamora Private Sector

Emma Wollschlager Private Sector

CERTIFICATE REGARDING CONFLICT OF INTEREST

By signature of this Certificate, Applicant covenants and affirms that:

1) No manager, employee or paid consultant of the Applicant is a member of the Policy Board, the Executive Director, or an employee of Workforce Solutions Borderplex (WSB);

2) No manager or paid consultant of the Applicant is married to a member of the Policy Board, the Executive Director, or an employee of WSB.

3) No member of the Board of Directors, the Executive Director or an employee of WSB owns or controls more than a 10 percent share in the Applicant’s organization.

4) No spouse of a member of the Board of Directors, Executive Director, or employee of WSB receives compensation from Applicant for lobbying activities as defined in Chapter 305 of the Texas Government Code.

5) Applicant has disclosed within the proposal response any interest, fact or circumstance which does or may present a potential conflict of interest.

6) Should Applicant fail to abide by the foregoing covenants and affirmations regarding conflict of interest, Applicant shall not be entitled to the recovery of any costs or expenses incurred in relations to any contract with the Workforce Board and shall immediately refund to WSB any fees or expenses that may have been paid under the contract and shall further be liable for any other costs incurred or damages sustained by the Workforce Board relating to that contract.

**Important Note**

Applicants with a conflict of interest are required to complete Form CIQ, which can be found next page.

Name of Individual or Organization submitting application:

Name and Title of Authorized Signatory:

Signature of Authorized Representative: Date:

CERTIFICATON REGARDING LOBBYING, DEBARMENT, SUSPENSION

AND OTHER RESPONSIBILITY MATTERS, AND DRUG-•-FREE WORKPLACE REQUIREMENTS

Lobbying: This certification is required by the Federal Regulations, implementing Section 1352 of the Program Fraud and Civil Remedies Acts, Title 31 U.S. Code, for the Department of Agriculture (7 CFR part 3018), Department of Labor (20 CFR Part 93), Department of Education (34 CFR Part 82), Department of Health and Human Services (45 CFR Part 93).

The undersigned contractor states that:

No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement.

If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form--- LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

The undersigned shall require that the language of this certification be included in the award documents for all sub---awards at all tiers (including subcontracts, sub---grants, and contracts under grants, loans, and cooperative agreements) and that all sub---recipients shall certify and disclose accordingly.

Debarment, Suspension and Other Responsibility Matters: This certification is required by the Federal Regulations implementing Executive Order 12549, Government---wide Debarment and Suspension, for the Department of Agriculture (7 CFR Part 3017), Department of Labor (29 CFR Part 98), Department of Education (34 CFR Parts 85, 668 and 682), and Department of Health and Human Services (45 CFR Part 76).

The undersigned contractor certifies that it or its principals:

Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency

Have not within a three-•-year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph 2 of this certification; and

Have not within a three---year period preceding this contract had one or more public transactions (federal, state, or local) terminated for cause or default.

Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Drug---Free Workplace: This certification is required by the Federal Regulations, implementing Sections 5151---

5160 of the Drug---Free Workplace Act, 41 U.S.C. 701; for the Department of Agriculture (7 CFR Part 3017), Department of Labor (29 CFR Part 98), Department of Education (34 CFR parts 85, 668 and 682) and Department of Health and Human Services (45 CFR Part 76).

The undersigned contractor certifies that it shall provide a drug-•-free workplace by:

Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violation of such prohibition.

Establishing an on---going drug---free awareness program to inform employees of the dangers of drugs in the workplace, the Contractor’s policy of maintaining a drug---free workplace, the availability of drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed on employees for drug abuse violations occurring in the workplace.

Providing each employee with a copy of the Contractor’s policy statement.

Notifying the employees in the Contractor’s policy statement that, as a condition of employment under the grant, employees will abide by the terms of the policy statement and notifying the Contractor in writing within five (5) days after any conviction for a violation by the employee of a criminal drug statute in the workplace.

Notifying the grantor agency, Workforce Solutions Alamo in writing, within ten (10) calendar days of the Contractor’s receipt of a notice of conviction of an employee.

Taking appropriate personnel action against an employee convicted of violating a criminal drug statute or requires such employee to participate in a drug abuse assistance or rehabilitation program.

These certifications are a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction.

Name of Applicant/Organization Name and Title of Authorized Representative

Signature of Authorized Representative Date

Assurances and Certifications

The authorized representative agrees to comply with all applicable State and Federal laws and regulations governing the Workforce Innovation and Opportunity Act, Workforce Development Boards, and any other applicable laws and regulations. The authorized representative certifies that the proposing organization possesses legal authority to offer the attached proposal. A resolution, motion or similar action has been duly adopted or passed as an official act of the organization’s governing body authorizing the submission of this proposal.

In addition, the authorized representative assures, certifies and understands that: Workforce Innovation and Opportunity Act (WIOA) recipients are obligated to maintain the following assurance for the period during which WIOA Title I financial assistance is extended. Each request for proposal and application for financial assistance under WIOA Title I shall contain the following assurances.

“As a condition to the award of financial assistance from the Department of Labor under Title I of WIOA, the recipient assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following laws:

Section 188 of the WIOA, which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIOA Title I-financially assisted program or activity; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color or national origin; Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against individuals with disabilities; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs.”

The recipient also assures that it will comply with WIOA implementing regulations and all other regulations implementing the laws listed above. This assurance applies to the recipients operation of the WIOA Title I-financially assisted program or activity, and to all agreements the recipient makes to carry out the WIOA Title I-financially assisted program or activity. The recipient understands that the United States has the right to seek judicial enforcement of this assurance.

Debarment, Suspension, and Other Responsibility Matters: This certification is required by Federal Regulations, implementing Executive Order 12549, Government-wide Debarment and Suspension, for the Department of Agriculture (7 CFR Part 3017), Department of Labor (29 CFR Part 98), Department of Education (34 CFR Part 85), Department of Health and Human Services (45 CFR Part 76).

The undersigned Respondent certifies that neither it nor its principals:

(1) Are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency;

(2) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction, violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity with commission of any of offenses enumerated in Paragraph (2) of this section; and

(4) Have not within a three-year period preceding this application had one or more public transactions terminated for cause or default.

Nondiscrimination: The undersigned respondent certifies that it shall comply with the nondiscrimination provisions outlined in the WI0A of 2014 including Title I, Sec. 188. This certification is required by Federal Regulations, 29 CFR

38.20 through 38.21: 38.54; and WIOA Section 188. The recipient of funds must also adhere to provisions found at

29 CFR 38.25.

Conflict of Interest: The undersigned respondent certifies that:

(1) No manager, employee or paid consultant of the Bidder is a member of the Policy Board, President, or an employee of the Workforce Board;

(2) No manager or paid consultant of the Bidder is married to a member of the Policy Board, the President, or an employee of the Workforce Board;

(3) No member of the Board of Directors, or an employee of the Workforce Board owns or has any control in the

Bidder’s organization;

(4) No spouse of a member of the Board of Directors or employee of the Workforce Board receives compensation from

Bidder for lobbying activities;

(5) Bidder has disclosed within the proposal response any interest, fact or circumstance which does or may present a potential conflict of interest;

(6) Should Bidder fail to abide by the foregoing covenants and affirmations regarding conflict of interest, Bidder shall not be entitled to the recovery of any costs or expenses incurred in relations to any contract with the Workforce Board and shall immediately refund to the Workforce Board any fees or expenses that may have been paid under the contract and shall further be liable for any other costs incurred or damages sustained by the Workforce Board relating to that contract.

Lobbying: This certification is required by the Federal Regulations, Implementing Section 1352 of the Program Fraud and Civil Remedies Act, Title 31 U.S. Code for the Department of Agriculture (7 CFR Part 3018), Department of Labor (29 CFR Part 93), Department of Education (34 CFR Part 82), Department of Health and Human Services (45 CFR Part 93).

The undersigned respondent certifies that:

(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence any officer or employee of Congress, or an employee of a Member of Congress

(2) In connection with the awarding of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement.

(3) If any funds, other than federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, any officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

(4) The undersigned shall require that the language of this certification be included in the award for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and provide disclosure accordingly.

Drug-Free Workplace: This certification is required by the Federal Regulations, Implementing Section 5150-5160 of the Drug-Free Workplace Act, 41 U.S.C. 701; for the Department of Agriculture (7 CFR Part 3017), Department of Labor (29 CFR Part 98), Department of Education (34 CFR Part 85, 668 and 682), Department of Health and Human Services (45 CFR Part 76).

The undersigned respondent certifies that it shall provide a drug-free workplace by:

(a) Publishing a policy statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the consequences of any such action by an employee;

(b) Establishing an ongoing drug-free awareness program to inform employees of the dangers of drug abuse in the workplace, the Contractor’s policy of maintaining a drug-free workplace, the availability of counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed on employees for drug abuse violations in the workplace;

(c) Providing each employee with a copy of the Contractor’s policy statement;

(d) Notifying the employees in the Contractor’s policy statement that as a condition of employment under this contract, employees shall abide by the terms of the policy statement and notifying the Contractor in writing within five (5) days after any conviction for a violation by the employee of a criminal drug statute in the workplace;

(e) Notifying the Commission within ten (10) days of Contractor’s receipt of a notice of a conviction of an employee;

and,

(f) Taking appropriate personnel action against an employee of violating a criminal drug statue or require such employee to participate in drug abuse assistance or a rehabilitation program.

These certifications are material representations of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction.

WIOA Sec. 184 (f): Discrimination Against Participants: -- If the Secretary determines that any recipient under WIOA Title I has discharged or in any other manner discriminated against a participant or against any individual in connection with the administration of the program involved, or against any individual because such individual has filed any complaint or instituted or caused to be instituted any proceeding under or related to WIOA Title 1, or has testified or is about to testify in any such proceeding or investigation under or related to WIOA Title 1, or otherwise unlawfully denied to any individual a benefit to which that individual is entitled under the provision of WIOA Title I or the Secretary's regulations, the Secretary shall, within 30 days, take such action or order such corrective measures, as necessary, with respect to the recipient or the aggrieved individual, or both.

WIOA Sec. 188 (a):

(1) Federal financial assistance. -- For the purpose of applying the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), on the basis of disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), on the basis of sex under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), or on the basis of race, color, or national origin under title Vl of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), programs and activities funded or otherwise financially assisted in whole or in part under this Act are considered to be programs and activities receiving federal financial assistance.

(2) Prohibition of discrimination regarding participation, benefits, and employment. -- No individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with, any such program or activity because of race, color, religion, sex (except as otherwise permitted under Title IX of the Education Amendments of 1972), national origin, age, disability, or political affiliation or belief.

(3) Prohibition on assistance for facilities for sectarian instruction or religious worship. -- Participants shall not be employed under WIOA title I to carry out the construction, operation, or maintenance of any part of any facility that is used or to be used for sectarian instruction or as a place for religious worship (except with respect to the maintenance of a facility that is not primarily or inherently devoted to sectarian instruction or religious worship, in a case in which the organization operating the facility is part of a program or activity providing service to participants).

(4) Prohibition on discrimination on basis of participant status. -- No person may discriminate against an individual who is a participant in a program or activity that receives funds under WIOA title 1, with respect to the terms and conditions affecting, or rights provided to, the individual, solely because of the status of the individual as a participant.

(5) Prohibition on discrimination against certain non-citizens. -- Participation in programs and activities or receiving funds under WIOA Title I shall be available to citizens and nationals of the United States, lawfully admitted permanent resident aliens, refugees, asylum seekers, and parolees, and other immigrants authorized by the Attorney General to work in the United States.

20 CFR §667.266 (a): WIOA Title I funds may not be spent on the employment or training of participants in sectarian activities.

Further, the undersigned respondent certifies that it shall comply with the provisions outlined by the U.S. Department of Health and Human Services (45 CFR 80 and 84).

With regard to section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the provider agrees to comply with the implementing regulations that require that each program of training services, when funded in all or in part with federal funds, shall be accessible to qualified individuals with disabilities. The provider further agrees to meet all applicable requirements regarding facility access.

By signing, the respondent certifies that it will comply with all other regulations implementing the laws cited above. This assurance applies to the respondent's operation of the WIOA Title I - financially assisted program or activity, and to all agreements the respondent makes to carry out the WIOA Title I-financially assisted program or activity. The respondent understands that the United States, the Texas Workforce Commission and/or the Local Workforce Development Board(s) have the right to seek judicial enforcement of this assurance.

Education Standards and Procedures: The undersigned respondent certifies that it shall comply with the provision outlined in the Workforce Innovation and Opportunity Act of 2014 [Sec. 194]: Except as otherwise provided in this title [WIOA Title 1], the following conditions are applicable to all programs under this title: Standards and procedures with respect to awarding academic credit and certifying educational attainment in programs conducted under such chapter shall be consistent with the requirements of applicable state and local law, including regulation.

Documentation of Financial Stability: The undersigned respondent certifies that it shall comply with the Texas Workforce Commission rules including Subchapter C, Chapter 841 of 40 TAC with regard to providing documentation of financial stability. As part of their local application requirements, Local Workforce Development Boards are to specify their local protocol for documentation and submission requirements.

Reporting Requirements: The undersigned respondent certifies that it shall comply with the provisions of Sec. 122 of the Workforce Innovation and Opportunity Act of 2014, the Texas Workforce Commission rules including Subchapter C, Chapter 841 of 40 TAC, and the reporting and procedural requirements issued by the Texas Workforce Commission.

Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective recipient shall attach an explanation to this certification.

The undersigned authorized representative of the respondent herein certifies that the statements above pertaining to Debarment, Suspension and Other Responsibility Matters; Nondiscrimination; Conflict of Interest; Education Standards and Procedures; Documentation of Financial Stability and Reporting Requirements are true and correct as of the date of submission. This does not preclude a given Workforce Board from requiring additional assurances as part of their local application requirements.

Further, the authorized representative acknowledges that any information submitted will be attributed to the respondent and the respondent will be responsible and liable for any action taken by the Agency, Local Workforce Development Board(s) or training participants in reliance on that information.

Respondent must notify Workforce Board in writing if the authorized signatory changes.

Certified by:

Signature of Authorized Official

Typed/Printed Name of Signatory

Signatory’s Official Title

Business Name

Date: (mm/dd/yyyy)