ESBD_File_346835_[C] Proposer_Certifications_24-101.pdf

Brazos Valley Council of Governments

RFP 24-101 Attachment C

Proposer Certifications

RFP 24-101 Fiber Optic Construction Services Proposer Certifications

By signing below, Proposer makes the following certifications under penalty of perjury and possible contract termination if any of these certifications are found to be false.

Certification 1. LEGAL AUTHORITY Proposer warrants and represents that it has adequate legal counsel and authority to respond to this RFP. The governing bodies, where applicable, have authorized the signatory officials to enter into this Contract and bind the parties to the terms of this Contract and any subsequent amendments thereto.

Proposer agrees.

Proposer does not agree.

Comments:

Certification 2. RELEASE The Proposer releases, relinquishes, and discharges the Brazos Valley Council of Governments (BVCOG), its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, sickness or death of the Proposer or its employees and any loss of or damage to any property of the Proposer or its employees that is caused by or alleged to be caused by, arises out of, or is in connection with the Proposer’s negligent performance of the work. Both the BVCOG and the Proposer expressly intend that this release shall apply regardless of whether said claims, demands, and causes of action are covered, in whole or in part, by insurance.

Proposer agrees.

Certification 3. CIVIL AND CRIMINAL PROVISIONS AND SANCTIONS Proposer agrees that it will perform under this Contract in conformance with safeguards against fraud and abuse as set forth by BVCOG, the State of Texas, Federal regulations and the acts and regulations of any funding entity. Proposer agrees to notify BVCOG of any suspected fraud, abuse or other criminal activity related to this Contract through filing of a written report promptly after it becomes aware of such activity.

Proposer agrees.

Proposer Certifications

Certification 4. COMPUTER EQUIPMENT REYCLING PROGRAM If Proposer is submitting a Response for the purchase or lease of computer equipment, then Proposer certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328.

Proposer agrees.

Certification 5. ANTITRUST AFFIRMATION The Proposer affirms under penalty of perjury of the laws of the State of Texas that (1) in connection with this Response, neither I nor any representative of the Proposer have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (2) in connection with this Response, neither I nor any representative of the Proposer have violated any federal antitrust law; and

(3) neither I nor any representative of the Proposer have directly or indirectly communicated any of the contents of this Response to a competitor of the Proposer or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Proposer.

Proposer agrees.

Certification 6. E-VERIFY PROGRAM The Proposer certifies that for contracts for services, Proposer shall utilize the U.S. Department of Homeland Security’s E-Verify system during the term of the contract to determine the eligibility of:

1. all persons employed by Proposer to perform duties within Texas; and

2. all persons, including subcontractors, assigned by Proposer to perform work pursuant the contract within the United States of America.

Proposer agrees.

Proposer Certifications

Certification 7. FALSE STATEMENTS Proposer represents and warrants that all statements and information prepared and submitted in this document are current, complete, true, and accurate. Submitting a Response with a false statement or material misrepresentations made during the performance of a contract is a material breach of contract and may void the submitted Response and any resulting contract.

Proposer agrees.

Certification 8. NO CONFLICTS OF INTEREST Proposer represents and warrants that the provision of goods and services or other performance under the contract will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety.

Proposer agrees.

Certification 9. AMERICANS WITH DISABILITIES ACT Proposer represents and warrants its compliance with the requirements of the Americans With Disabilities Act (ADA) and its implementing regulations, as each may be amended.

Proposer agrees.

Certification 10. DRUG-FREE WORKPLACE Proposer represents and warrants that it shall comply with the applicable provisions of the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.) and maintain a drug-free work environment.

Proposer agrees.

Proposer Certifications

Certification 11. FEDERAL OCCUPATIONAL SAFETY AND HEALTH LAW Proposer represents and warrants that all articles and services shall meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Act of 1970, as amended (29 U.S.C. Chapter 15).

Proposer agrees.

Certification 12. IMMIGRATION Proposer represents and warrants that it shall comply with the requirements of the Immigration and Nationality Act (8 U.S.C.§ 1101 et seq.) and all subsequent immigration laws and amendments.

Proposer agrees.

Certification 13. LEGAL AND REGULATORY ACTIONS Proposer represents and warrants that it is not aware of and has received no notice of any court or governmental agency actions, proceedings or investigations, etc., pending or threatened against Proposer or any of the individuals or entities included in the Response within the five (5) calendar years immediately preceding the submission of the Response that would or could impair Proposer’s performance under the contract, relate to the solicited or similar goods or services, or otherwise be relevant to BVCOG’s consideration of the Response. If Proposer is unable to make the preceding representation and warranty, then Proposer instead represents and warrants that it has included as a detailed attachment in its Response a complete disclosure of any such court or governmental agency actions, proceedings or investigations, etc. that would or could impair Proposer’s performance under the contract, relate to the solicited or similar goods or services, or otherwise be relevant to BVCOG’s consideration of the Response. In addition, Proposer represents and warrants that it shall notify BVCOG in writing within five (5) business days of any changes to the representations or warranties in this clause and understands that failure to so timely update BVCOG shall constitute breach of contract and may result in immediate termination of the contract.

Proposer agrees.

Proposer Certifications

Certification 14. LIMITATION ON AUTHORITY Proposer shall have no authority to act for or on behalf of BVCOG except as expressly provided for in the contract resulting from this RFP; no other authority, power or use is granted or implied. Proposer may not incur any debt, obligation, expense or liability of any kind on behalf of BVCOG.

Proposer agrees.

Certification 15. MEDIA RELEASES Proposer shall not use BVCOG’s name, logo, or other likeness in any press release, marketing material, or other announcement without BVCOG’s prior written approval. BVCOG does not endorse any vendor, commodity, or service. Proposer is not authorized to make or participate in any media releases or public announcements pertaining to this procurement, the Response or the services to which they relate without BVCOG’s prior written consent, and then only in accordance with explicit written instructions from BVCOG.

Proposer agrees.

Certification 16. NO IMPLIED WAIVER No provision of the contract shall constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to BVCOG as a political subdivision of the State of Texas or otherwise available to BVCOG. The failure to enforce or any delay in the enforcement of any privileges, rights, defenses, remedies, or immunities detailed in the contract or otherwise available to BVCOG by law will not constitute a waiver of said privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel.

Proposer agrees.

Certification 17. DISASTER RECOVERY PLAN Upon request of BVCOG, Proposer shall provide copies of its most recent business continuity and disaster recovery plans.

Proposer agrees.

Proposer Certifications

Certification 18. NO THIRD-PARTY BENEFICIARIES This agreement is made solely and specifically among and for the benefit of the parties named herein and their respective successors and assigns, and no other person shall have any right, interest, or claims hereunder or be entitled to any benefits pursuant to or on account of the contract as a third-party beneficiary or otherwise.

Proposer agrees.

Certification 19. PERMITS, CERTIFICATIONS, AND LICENSES Proposer represents and warrants that it has determined what licenses, certifications and permits are required under the contract and has acquired all applicable licenses, certifications, and permits.

Proposer agrees.

Certification 20. PROMPT PAYMENT All payments by Proposer to any subcontractor, and any payments by a subcontractor to any other person or entity that provides goods or services under this contract shall be made in compliance with Chapter 2251 of the Texas Government Code.

Proposer agrees.

Certification 21. REFUND Proposer will promptly refund or credit within thirty (30) calendar days any funds erroneously paid by a BVCOG member which are not expressly authorized under the contract.

Proposer agrees.

Certification 22. SURVIVAL Expiration or termination of the contract for any reason does not release Proposer from any liability or obligation set forth in the contract that is expressly stated to survive any such expiration or termination, that by its nature would be intended to be applicable following any such expiration or termination, or

Proposer Certifications that is necessary to fulfill the essential purpose of the contract, including without limitation the provisions regarding warranty, indemnification, confidentiality, and rights and remedies upon termination.

Proposer agrees.

Certification 23. UNFAIR BUSINESS PRACTICES Proposer represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that Proposer has not been found to be liable for such practices in such proceedings. Proposer certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit and that such officers have not been found to be liable for such practices in such proceedings.

Proposer agrees.

Certification 24. WAIVER OF CONSEQUENTIAL DAMAGES Notwithstanding any other provision to the contrary herein, neither party shall be liable to the other for any indirect, incidental, special or consequential damages or loss of profits, anticipated or otherwise, or loss of revenues in connection with or arising out of, or in connection with, the subject matter of this contract.

Proposer agrees.

Certification 25. NO FINANCIAL INTEREST OR OTHER CONFLICT No BVOCG/BVCOG officer, employee, Board of Directors member or member of any BVCOG/BVCOG board or commission, nor family member of any such person, has a financial interest, direct or indirect, in Offeror or in any contract Offeror might enter into with BVCOG/BVCOG.

Proposer agrees.

Proposer Certifications

Certification 26. NON-COLLUSIVE RESPONSE The prices in the Response have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Offeror or potential competitor. The prices which have been quoted in the Response (unless otherwise required by law), have not been knowingly disclosed by Offeror and will not be knowingly disclosed by Offeror prior to the public response opening, either directly or indirectly, to any other Offeror or competitor. No attempt has been made or will be made by Offeror to induce any other person, partnership or corporation to submit or not to submit a response for the purpose of restricting competition.

Proposer agrees.

Certification 27. NON-BIASED SPECIFICATIONS This RFP contains no requirements considered to be unduly biased in favor of Offeror or any other Offerors that may be competing for this procurement.

Proposer agrees.

Certification 28. FRANCHISE TAX Proposer hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes.

Proposer agrees.

Certification 29. CRITICAL INFRASTRUCTURE AFFIRMATION Contractor certifies (i) that Contractor, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of Contractor, is not owned by or the majority of stock or other ownership interest of Contractor is not held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or a country designated by the Governor as a threat to critical infrastructure; (ii) that Contractor including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of Contractor, is not owned by or the majority of stock or other ownership interest of Contractor is not held or controlled by a company or other entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a country designated by the Governor as a threat to critical infrastructure; and (iii) that Contractor

Proposer Certifications including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of Contractor, is not headquartered in China, Iran, North Korea, Russia, or a country designated by the Governor as a threat to critical infrastructure.

Proposer agrees.

Certification 30. DISPUTE RESOLUTION Disputes arising under the contract between the Vendor and End User shall be resolved in accordance with the dispute resolution process provided in Chapter 2260 of the Texas Government Code, as applicable.

Proposer agrees.

Certification 31. EXCESS OBLIGATIONS PROHIBITED Any agreement between the Proposer and BVCOG End User resulting from this procurement is subject to termination or cancellation, without penalty to End User, either in whole or in part, subject to the availability of state funds, as applicable.

Proposer agrees.

Certification 32. PUBLIC INFORMATION ACT

Information, documentation, and other material in connection with this Solicitation or any resulting contract may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the “Public Information Act”). In accordance with Section 2252.907 of the Texas Government Code, Proposer is required to make any information created or exchanged with the State pursuant to the contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to BVCOG.

Proposer agrees.

Proposer Certifications

By signing below, Proposer hereby confirms all certifications above, and furthermore that he/she is legally authorized to sign this certification on behalf of said organization by authority of its governing body.

Organization

Name Authorized Representative

Title

Signature Date