ESBD_File_339197_General Counsel Services RFQ _10.2023.pdf

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REQUEST FOR QUALIFICATIONS

RFQ#23-RFQ-10-237

GENERAL COUNSEL SERVICES

DATE: October 6, 2023

SUBMIT BIDS TO: Workforce Solutions Cameron Hazel Quintero, Procurement Plaza Escondida

700 Ruben M. Torres Blvd., 3rd Floor Brownsville, TX 78520 Phone : 956-548-6700 Fax : 956-548-6716 Email : hazel.quintero@wfscameron.org

Responses may be submitted via mail, in person, or by email.

SUBMISSION DATE: Quotes must be received in our office by 3:00 PM (CST) on October 27, 2023.

BACKGROUND

Workforce Solutions Cameron (WFSC) is a private, non-profit 501c3 corporation that provides policy planning, oversight, and evaluation of a consolidated workforce development system in the Cameron County Texas Workforce Development Area. The programs services job seekers and employers and are provided through two one stop full services centers operated by a contractor, Southwest Key Workforce Development, LLC. The services offered through the one stop centers include the Workforce Innovation and Opportunity Act (Adult, Dislocated and Youth), Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), Trade Adjustment Act (TAA), Wagner-Peyser Act (ES), Childcare and other smaller state and or federally funded grants.

SERVICES REQUESTED

WFSC seeks to appoint a highly qualified attorney/law firm as Legal Counsel. The successful applicant shall meet or exceed the qualifications stated herein and should be readily accessible to authorized representatives of W F S C , b e exceptionally experienced in the area of contract law, and generally providing legal services and advice to public entities. The ideal candidate shall be committed to rendering sound legal advice with suitable objectivity and professional detachment.

SCOPE OF SERVICES

Basic services for this RFQ shall include legal services generally within the field of "general counsel", including but not limited to the following:

• Act as the confidential legal advisor to the Board of D i r e c t o r s ( B o a r d ) o f W F S C , a n d t o B o a r d s t a f f .

• Advise WFSC Board and staff regarding the conduct of all Board of Director and standing Committee meetings, conflict of interest laws, compliance with other relevant laws, etc.

mailto:hazel.quintero@wfscameron.org

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• Assist in the preparation and review of all general legal documents related to the conduct of WFSC business affairs, as needed.

• Attend WFSC Board and standing committee meetings, special Board and committee meetings, closed session meetings, and other meetings and conference calls as needed and/or requested.

• Review and provide direction on Board meeting agendas as needed.

• Perform legal research and prepare or assist in the preparation and review of legal documents for the B o a r d a n d B o a r d s t a f f , i n c l u d i n g , but not limited to: contracts, agreements, resolutions, forms, compliance documents, audit requirements, policies and procedures related to conflict of interest, notices, certificates, leases, and other related documents.

• Monitor current, new, and pending state and federal legislation, and case law as applicable to 5 0 1 c 3 e n t i t i e s and inform and provide direction to the B o a r d a n d B o a r d s t a f f regarding compliance issues and/or impacts to the Board.

• Perform research and interpret laws, court decisions and other legal authorities in order to render legal opinions, and to advise the Board and staff on legal matters pertaining to WFSC.

• Respond to inquiries from the Board and staff within 24 hours of the initial contact, and maintain reasonable availability to respond to events of an emergent nature.

• Represent the WFSC in Administrative Hearings and court proceedings.

• Advise W F S C on all new laws and regulations with application to governance.

• Coordinate the work of outside legal counsel as needed and as directed by the Board and staff.

• Represent W F S C in civil litigation and criminal law actions in which W F S C is a party, and/or work in collaboration with other attorneys or representatives of the WFSC's liability insurance carrier.

SUMMARY OF DESIRED QUALIFICATIONS

Bar Admissions

The applicant and all those who serve as back-up to the applicant must be a member in good standing of the State Bar

Association.

Experience

Applicant should have direct experience as counsel to a 501c3 entity o r other governmental entity. At least 15 years of experience representing public agencies.

Accessibility

The applicant must commit to returning all calls from authorized officials either himself/herself or through a qualified back up within 24 hours of the call. The applicant must also commit, as a general rule, to responding to requests for written opinions within one week unless the circumstances of the opinion warrant a shorter or longer time frame for a response.

Back-up

The applicant must have within his or her firm or through an established “of counsel” relationship at least one other qualified attorney available to render advice and otherwise represent the interests of W F S C when the applicant is unavailable. In this context, “qualified attorney” shall mean another lawyer who substantially meets the minimum qualifications set forth herein for the applicant.

Billing

The applicant must commit to providing statements for services rendered on a monthly basis. Each statement must be based on an hourly rate for services, and must disclose, at a minimum, the date of the service, the identity of the lawyer or staff

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SUBMISSION CRITERIA

Qualifications must include a summary of prior experience in providing these or similar services.

The proposal must be submitted with all the required elements in the following order, in addition to the previously mentioned information in the above paragraph:

• Cover Letter

• Proposer Identification Form (Attachment A)

• Qualifications, Proposed Activities and Costs (Attachment B)

• Three professional references (Attachment C)

• Certification of Legal and Signatory Authority (Attachment D)

• Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters, and Drug-Free Workplace

Requirements (Attachment E)

• Certification Regarding Texas Corporate Franchise Tax (Attachment F)

• Certificate Regarding Conflict of Interest (Attachment G)

• Equal Opportunity and Nondiscrimination (Attachment H)

The Board staff will date, and time stamp each proposal received and will issue verification of receipt if requested.

Under no circumstances shall a WFSC board officer or member, employee, or agent of the Board deliver a proposal on behalf of the proposer.

PROCUREMENT SCHEDULE

ACTION DATE

RFQ Released October 6, 2023

Written Questions Due

October 13, 2023

Questions/Answers Released October 18, 2023

Proposal Due Date October 27, 2023

Evaluation Process November 1, 2023 to November 10, 2023

Executive Committee Interviews of Finalist The week of November 13-16, 2023

(will be contacted with the exact date)

Award of Contract November 16, 2023

Dates are subject to change. Changes will be posted on the Board’s Website.

Responses to all questions received will be posted on the Board’s website at www.wfscameron.org by October 18, 2023, on or before 5:00 p.m. (CST).

http://www.wfscameron.org/

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PROPOSAL EVALUATION CRITERIA

Proposers must achieve an overall score of at least 70 points (70%) to be considered for the award of legal services contract. The review and evaluation of proposals shall be based upon the following criteria:

A. ATTORNEY QUALIFICATIONS, KNOWLEDGE, EXPERIENCE 35 POINTS

Organization, Size, Structure, and Area of Practice.

Discuss experience of the individual attorney(s) likely to be assigned to the representation. Include education, position in firm, years, and types of experience, and continuing professional education.

B. LEGAL EXPERIENCE 35 POINTS

Discuss specific legal experience, advising nonprofit organizations and or advising clients conducting similar programs and government‐funded services.

C. REFERENCES 15 points

Provide names and contact information of at least three clients in the public sector.

D. REASONABLENESS OF COST 15 POINTS

Billing (Per Hour Cost)

E. HISTORICAL UNDERUTILIZED BUSINESS (HUB)/BONUS) VALUE 5 POINTS

To qualify, HUB certificate must accompany proposal.

F. Board Executive Committee Interview of Finalist 20 POINTS

Executive Committee makes recommendation to Board of Directors who make final decision by

Board action in regular meeting session of the Board.

TOTAL POSSIBLE POINTS 125 POINTS

ACCEPTANCE OF EVALUATION METHODOLOGY

By submitting a proposal, the Proposer acknowledges:

• A proposal must receive a minimum average score of 70 points (70%) to be considered for selection and award of a contract.

• Acceptance of the Proposal Evaluation Process

• The criteria for selection

• Proposer’s recognition that some subjective judgements must be made by WFSC Board Staff during the RFQ process.

CONTRACT PERIOD OF PERFORMANCE

Based on availability of funds, a contract will be negotiated with the successful bidder based on a cost reimbursement basis. The contract period will be for one (1) year with up to an additional four (4) one-year renewals based on satisfactory performance.

GENERAL CONDITIONS/LIMITATIONS

A. The only purpose of this Request for Qualifications (RFQ) is to ensure uniform information in the solicitation of proposals and procurement of services. This RFQ is not to be construed as a purchase agreement or contract or as a commitment of any kind; nor does it commit the Board to pay for costs incurred prior to the execution of a formal contract unless such costs are specifically authorized in writing by Board.

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B. The Board reserves the right to accept or reject any information received, to cancel or reissue this RFQ in part or its entirety.

C. The Board reserves the right to negotiate the final terms of any and all contracts or agreements that may be initiated from this

RFQ.

D. Misrepresentation of the submitter’s ability to perform as stated in the information provided may result in cancellation of any or agreement awarded.

E. Submitters shall not, under penalty of law, offer or provide any gratuities, favors, or anything of monetary value to any officer, member, employee, or agent of the Board for the purpose of having an influencing effect toward their own proposal or any other proposal submitted hereunder.

F. No employee, officer, member, or agent of the Board shall participate in the selection, award, or administration of a contract if a conflict of interest, or potential conflict, is involved.

G. Submitters shall not engage in any activity that will restrict or eliminate competition. Violation of this provision may cause a submitter’s information to be rejected. This does not preclude joint ventures or subcontracts.

H. Any submitter may withdraw his information either in person or by written request by a duly authorized representative at any time prior to the scheduled closing time for receipt of bids.

I. No contract may be awarded until the submitter has complied with Executive Order 12549, 29CFR, Part 98 by submitting to the Board a signed Certification of Debarment, which states that neither the submitter, nor any of its principals, are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in a procurement by any Federal department or agency.

J. The Board’s Executive Director is the responsible authority for handling complaints or protests regarding the procurement and proposal selection process. No protest shall be accepted by the State until all administrative remedies at the Board level have been exhausted.

K. Submitters not selected by this process may appeal the Board decision by submitting in writing a formal letter of appeal addressed to the Executive Director, Workforce Solutions Cameron, Ruben M. Torres Blvd., 3rd floor, Brownsville, Texas

78520. This appeal must be sent by registered mail and identified on the envelope as an appeal with the grounds of the appeal clearly stated in the letter, within fourteen calendar days of decision notification (the date on the notification letter). The

Executive Director shall review the appeal and review applicable laws, and request determination if appeal is valid and shall make decisions. If people are not satisfied with the decision, they may pursue all other avenues of appeal provided by law.

L. Proposals must be manually signed by a person having the authority to bind the organization in a contract.

M. Any material that is to be considered confidential in nature must be clearly marked as such and will be treated as confidential by the Board to the extent allowable in the Public Information Act.

O. Funding for goods or services requested in this RFQ is contingent upon the Board's actual receipt and availability of funds from the Texas Workforce Commission.

P. Pursuant to 15 U.S.C. 2225a, the proposer, if awarded, must ensure that all spaces for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the

Hotel and Motel Fires Safety Act (P.L. 101-391, as amended). Recipients may search the Hotel Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information about the act.

Q. The Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 4001 et seq. provides that no Federal financial assistance to acquire, modernize, or construct property may be provided in identified flood prone communities in the United States, unless the community participates in the National Flood Insurance Program and flood insurance is purchased within 1 year of the identification. The flood insurance purchase requirement applies to both public and private applicants for DOL support. A list of flood-prone areas that are eligible for flood insurance are published in the Federal Register by FEMA.

R. As a condition to the award of financial assistance from the Department of Labor under Title I of WIOA, the grant applicant assures that it has the ability to comply with the nondiscrimination and equal opportunity provisions of the following laws and will remain in compliance for the duration of the award of federal financial assistance:

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(A) Section 188 of the Workforce Innovation and Opportunity Act (WIOA), which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex (including pregnancy, childbirth, and related medical conditions, transgender status, and gender identity), national origin (including limited English proficiency), age, disability, or political affiliation or belief, or against beneficiaries on the basis of either citizenship status or participation in any WIOA Title I financially assisted program or activity;

(B) Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the bases of race, color and national origin;

(C) Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities;

(D) The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and

(E) Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs.

Additionally, 29 CFR 28.25 states the following: The grant applicant also assures that, as a recipient of WIOA Title I financial assistance, it will comply with 29 CFR part 38 and all other regulations implementing the laws listed above. This assurance applies to the grant applicant's operation of the WIOA Title I financially assisted program or activity, and to all agreements the grant applicant makes to carry out the WIOA Title I financially assisted program or activity. The grant applicant understands that the United States has the right to seek judicial enforcement of this assurance.

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Attachment A

PROPOSER IDENTIFICATON FORM

IDENTIFICATION OF PROPOSER

LEGAL NAME OF ORGANIZATION

HEAD OF ORGANIZATION

MAILING ADDRESS

PHYSICAL ADDRESS (IF DIFFERENT)

CONTACT PERSON

TITLE

PHONE

AGREEMENT SIGNATORY AUTHORITY

TITLE

PHONE

TAX/LEGAL STATUS

[ ] CORPORATION [ ] SOLE OWNERSHIP

[ ] PARTNERSHIP [ ] OTHER

DATE ESTABLISHED

STATE COMPTROLLER ID NO.

IRS. NO.

SMALL BUSINESS

[ ] YES [ ] NO

IS PROPOSER CERTIFIED AS A HISTORICALLY

UNDER-UTILIZED BUSINESS BY THE TEXAS

WORKFORCE COMMISSION

[ ] YES

[ ] NO

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Attachment B

QUALIFICATIONS AND COSTS

DISCUSSION OF QUALIFICATIONS

Attorney Qualifications, Knowledge, Experience Organization, Size, Structure, and Area of Practice.

Discuss experience of the individual attorney(s) likely to be assigned to the representation. Include education, position in firm, years, and types of experience, and continuing professional education.

Legal Experience Discuss specific legal experience, advising nonprofit organizations and or advising clients conducting similar programs and government‐funded services.

References Provide names and contact information of at least three clients in the public sector.

Price for Services Billing (Per Hour Cost)

HUB (Include Copy of HUB certificate)

I certify that I have the legal authority to enter into and execute a contract with the Board to provide the proposed services.

Name of Individual or Organization submitting application:

Name and Title of Authorized Signatory:

Signature of Authorized Representative:

Date

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Attachment C

REFERENCES

Please list at least 3 references for current or past contracts that are similar in scope or scale and provide Company/City name, contact and additional information. Attach additional pages if necessary.

COMPANY NAME

COMPANY ADDRESS

NAME OF AUTHORIZED REPRESENTATIVE

REPRESENTATIVE E-MAIL

TYPES(S) OF SERVICES PERFORMED

YEARS OF SERVICE TELEPHONE#

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Attachment D

CERTIFICATION OF LEGAL AND SIGNATORY AUTHORITY

I, (typed or printed name) certify that I am the

(typed or printed title) of the eligible entity named as bidder and respondent herein, and I am legally authorized to sign and submit this proposal to Workforce Solutions Cameron (WFSC) on behalf of said organization by authority of its governing body.

I certify that (typed or printed name) who signed the coversheet of this proposal has the legal authority to enter into and execute a contract with WFSC to provide the services and activities authorized and detailed in this proposal. I agree to submit upon request by WFSC such information and documentation as may be necessary to verify the certification contained herein.

I further certify that the information contained in this proposal and all attachments is true and correct. I certify that no officer, employee, board member, or authorized agent of WFSC has assisted in the preparation of this proposal. I acknowledge that I have read and understand the requirement and provisions of this RFQ, and that this organization will comply with all applicable federal, state, and local laws, rules, regulations, polices and directives in the implementation of this proposal. I certify that I have read and understand the governing provisions, limitations, and administrative requirements of this RFQ and will comply with all terms and conditions.

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Attachment E

CERTIFICATONS 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 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:

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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 Cameron 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.

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Attachment F

CERTIFICATION REGARDING TEXAS CORPORATE FRANCHISE TAX

Pursuant to Article 2.45, Texas Business Corporation Act, state agencies may not contract with for profit corporations that are delinquent in making state franchise tax payments. The following certification that the entity entering into this subcontract is current in its franchise taxes or is not subject to the payment of franchise taxes to the State of Texas must be signed by the individual authorized to sign the subcontract for the subcontract for the subcontracting entity.

The undersigned authorized representative of the entity subcontracting herein certifies that the following indicated statement is true and correct and that the undersigned understands making a false statement is a material breach of subcontract and is grounds for subcontract cancellation.

Indicate the certification that applies to your subcontracting entity:

The subcontracting entity is a for-profit corporation and certifies that is not delinquent in its franchise tax payments to the State of Texas.

The subcontracting entity is a non-profit corporation or is otherwise not subject to payment of franchise tax to the State of Texas.

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Attachment G

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 Cameron (WFSC);

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 WFSC;

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

4. No spouse of a member of the Policy Board, Executive Director, or employee of WFSC 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 WFSC and shall immediately refund to WFSC any fees or expenses that may have been paid under the contract and shall further be liable for any others costs incurred or damages sustained by WFSC relating to that contract.

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Attachment H

EQUAL OPPORTUNITY AND NONDISCRIMIANTION

The ( ) promotes employment opportunity through a progressive program designed to provide equal opportunity without regard to race, color, sex, religion, national origin, age, disability, or political affiliation or belief.

Additionally, discrimination is prohibited against any beneficiary of programs funded under the Workforce Innovation Opportunity Act, on the basis of the beneficiary’s citizenship/status as a lawfully admitted immigrant authorized to work in the United States, or his/her participation in any Workforce Innovation Opportunity Act financially assisted program or activity. (

) conforms to all applicable federal and state laws, rules, guidelines, regulations, and provides equal employment opportunity in all employment and employee relations.

EEO Laws, Rules, Guidelines, Regulations

(Typed or printed name) provides equal opportunities consistent with applicable federal and state laws, rules, guidelines, regulations, and executive orders (29 CFR 38.25). Such regulations include:

• Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination under any program or activity receiving federal financial assistance.

• Title VII of the Civil Rights Act of 1964, as amended, and its implementing regulations at 29 CFR Part 38 which prohibit discrimination based on race, color, religion, sex, or national origin in any term, condition, or privilege of employment.

• Section 504 of the Rehabilitation Act of 1973, as amended, prohibits discrimination against qualified individuals because of disability.

• Age Discrimination in Employment Act of 1967, as amended, which prohibits discrimination against individuals 40 years of age and older.

• Americans with Disabilities Act of 1990, which prohibits discrimination against qualified individuals with disabilities.

• Age Discrimination Act of 1975, as amended, prohibits discrimination based on age in programs receiving federal financial assistance.

• Texas Commission on Human Rights Act, as amended, which prohibits discrimination in employment based on race, color, handicap, religion, sex, national origin, or age (40-70).

• Equal Pay Act of 1963, as amended, which requires equal pay for men and women performing equal work.

• Pregnancy Discrimination Act of 1978, which prohibits discrimination against pregnant women.

• Title IX of the Education Amendments Act of 1972 which prohibits discrimination on the basis of sex under any education program or activity receiving Federal financial assistance.

• Section 188 of the Workforce Innovation and Opportunity Act (WIOA), which prohibits discrimination against all individuals in the

United States on the basis of race, color, religion, sex (including pregnancy, childbirth, and related medical condition, transgender status, and gender identity), national origin (including limited English proficiency), age, disability, or political affiliation or belief or against beneficiaries on the basis of either citizenship status or participation in any WIOA Title I-financially assisted program or activity.

(Typed or printed name) is committed to promoting equal employment opportunity through a progressive program designed to provide equal opportunity without regard to race, color, sex, religion, national origin, age, disability, or political affiliation or belief. (Typed or printed name) takes positive steps to eliminate any systematic discrimination from personnel practices.

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(Typed or printed name) recruits, hires, trains, and promotes into all job levels the most qualified persons without regard to race, color, religion, sex, national origin, age, or disability status.

Staff at all levels are responsible for active program support and personal leadership in establishing, maintaining, and carrying out an effective equal employment opportunity program.

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Attachment G

ASSURANCES AND CERTIFICATIONS

Each organization or individual that submits a proposal in response to a Request for Qualifications warrants and assures:

1. The information contained in this proposal is true and correct.

2. The costs described in the proposal budget accurately reflect the proposer’s cost of providing services or goods.

3. No employee, member of a government board or board of directors, or any other individual associated with an organization or individual person offering a proposal under this Request for Qualifications has offered or will offer any gratuities, favors, or anything of monetary value to any Board of Director or staff of Workforce Solutions Cameron for the purpose of or having the effect of influencing the decisions of Workforce Solutions Cameron with respect to the organization or individual’s proposal or any other proposal.

4. No employee, member of a governing board or board of directors, or any other individual associated with an organization or individual person offering a proposal under this Request for Qualifications has engaged or will engage in any activity which may be construed in restricting or eliminating competition for funds available under this Request for Qualifications.

5. The organization or individual possesses the legal authority to offer this proposal.

6. If the proposer is an organization, a resolution, motion, or similar action has been duly adopted or passed as an official act of the proposer’s governing body authorizing the submission of this proposal.

7. No person will be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in the administration of or in connection with any program operated with funds from this Request for Proposals because of race, color, religion, sex, national origin, age, disability, sexual orientation, or political affiliation or belief.

Each organization or individual that submits a proposal also warrants and assures that they will abide by the rules of the following laws, acts, codes, etc. and all applicable rules and regulations promulgated thereunder, as a condition to award of financial assistance from Workforce Solutions Cameron with respect to operation of WFSC funded programs or activities and all agreements or arrangements to carry out WFSC funded programs or activities:

• WIOA § 188; 29 U.S.C. § 3248;

• The Personal Responsibility and Work Opportunity Act of 1996 (PRWORA) 42 U.S.C§ 601 et seq.

• Civil Rights Act of 1964

• The American with Disabilities Act, 42 U.S.C. § 12001 et seq., as amended.

• Rehabilitation Act of 1973

• 40 TAC § Texas Administrative Code, Article 40, Part I

• Assurances required for the Child Care program, Chapter 809 Texas Workforce Commission Administrative Code

• The Age Discrimination Act of 1975, 42 U.S.C. § 6101 et seq., as amended.

• Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-1688, as amended.

By signing I acknowledge that I have read these assurances and certifications and that I am authorized to bind the organization I represent to these requirements should this proposal be accepted for funding by Workforce Solutions Cameron.

Workforce Solutions Cameron is an Equal Employment Opportunity Employer/Program. Auxiliary Aids and services are available, upon request, to individuals with disabilities. Relay

Texas: 1-800-735-2989 (TDD) or 1-800-735-2988 (Voice/Voz). Page 18