REGION 16 EDUCATION SERVICE CENTER€¦ · Web viewRegion 16 Education Service Center reserves the right to accept or reject any or all proposals or any portion thereof, waive any

REGION 16 EDUCATION SERVICE CENTER

PROPERTY AND CASUALTY INSURANCE COVERAGE

REQUEST FOR PROPOSALS

Bid # PC-019-01

June 2019

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REGION 16 EDUCATION SERVICE CENTER5800 BELL STREET

AMARILLO, TX 79109

REQUEST FOR PROPOSALS PROPERTY AND CASUALTY INSURANCE

BID # PC-019-01

Coverage Requested:

Property

Additional Property To Be Covered

Inland Marine

Crime

Equipment Breakdown

General Liability

Employee Benefits Liability

Educator’s Legal Liability

Auto Liability

Auto Physical Damage

Cyber Suite Coverage

Student Accident

Other Services & Products Offered, if any

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TABLE OF CONTENTS

PageNumber

Instructions to Proposers 4

Proposal Form, Part 1 5

Proposal Form, Part 2 6-11

Summary of Insurance Coverage Requested 12

Loss Run Report 13-14

Financial Statements (Past 3 years) 15-20

General Considerations 21

Bidder Qualifications & Key Decision Criteria 22

Region 16 ESC Information 23-24

Building Information 25

Vehicle Information 26

Required Federal and State Documents 27-41

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INSTRUCTIONS TO PROPOSERS

Requests for information, proposal forms, and inquiries about the proposal should be addressed to:

Andrew PickensDirector of Purchasing and OperationsRegion 16 ESC5800 Bell StreetAmarillo, Texas 79109-6230Phone: (806) 677-5040Fax: (806) 677-5059 E-mail: [email protected]

Any and all questions regarding this RFP and the program it represents must be submitted in writing via email to:

Andrew Pickens [email protected]

All questions will be answered and emailed to all bidders .

A total of two (2) copies of each vendor's completed Proposal Form (Part 1 and 2 of the RFP), one (1) flash drive with the completed Proposal Form Part 2, required federal and state documents and any additional materials must be submitted to Andrew Pickens at the address noted above, no later than 2:00 PM, Tuesday, June 11th, 2019, in an opaque envelope, sealed, and clearly marked:

Proposal for Property and Casualty Insurance CoverageProposal opening 2:00 PM, June 11th, 2019

No fax or electronic proposals will be accepted. No late proposals will be accepted; all proposals received after the deadline will be returned unopened. This is not a public opening. Only the names of those companies submitting proposals will be released until a thorough evaluation of all proposals by Region 16 ESC is complete. All timely received proposals will be opened at 2:00 PM., Tuesday, June 11th, 2019 at Region 16 ESC, 5800 Bell Street, Amarillo, TX. Region 16 ESC reserves the right to request post-proposal modifications, including best and final offers. Region 16 ESC reserves the right to accept or reject any and all proposals and waive any formalities.

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REGION 16 EDUCATION SERVICE CENTERPROPOSAL FORM, PART 1

(Must be included in all responses)

Agent:________________________________________________________________________

Proposed Insurance Policy: AM BESTCarrier(s): Rating:

A.___________________________ A._______________________ A._____

B.___________________________ B._______________________ B._____

C.___________________________ C._______________________ C._____

D.___________________________ D._______________________ D._____

Yes No

1. Are exceptions and/or deviations to coverage requested clearly noted andsummarized as required by paragraph 3 of the General Considerations? ____ ____

2. Are all copies of all policy forms and endorsements furnished with ____ ____the proposal?

3. Is a copy of the agent’s current license included with the proposal? ____ ____

4. Is a resume of agent’s agency included with the proposal? ____ ____

5. Is a summary of service available from agent or insurer included ____ ____with proposal?

6. Is a Certificate of Insurance for agent’s errors and omissions insurance ____ ____included with the proposal?

7. Is a coinsurance clause included in the proposal? ____ ____If yes, what is the coinsurance requirement?_______________________________________________________________________________________________

8. Are Proposal Forms Part 1 and 2 included in the proposal? ____ ____

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REGION 16 EDUCATION SERVICE CENTERPROPOSAL FORM, PART 2

(A Separate Spreadsheet is provided and must be included in all responses)

Property Coverages

Coverage Property Values Deductible Yes N

o Differences, if any

Wind & Hail $26,722,219 $100,000 per occurrence

All Other Perils $26,722,219 $5,000 per occurrence

Earth Movement $1,000,000 $5,000 per occurrence

Flood - not Zone A or V $1,000,000 $100,000 per occurrence

Additional Property Coverages

Coverage Limits Yes No Differences, if any

Accounts Receivable $250,000 Arson, Theft & Vandalism Rewards $25,000 Back-up of Sewers, Drains or Sumps $25,000 Building Ordinance or Law - Blanket

Demolition Cost & Increased Cost of Construction $5,000,000 Loss to Undamaged Portions of the Building Included

Debris Removal $250,000 Errors & Omissions $500,000 Extra Expense $5,000,000 Fire Department Service Charge $25,000 Fire Extinguishing Equipment Recharge Included Flood - Excluding Zones Prefixed A or V - Annual Aggregate $1,000,000 Foundations and Underground Pipes $100,000 Inventory & Appraisal $25,000 Miscellaneous Unnamed Locations $50,000 Newly Acquired or Constructed Buildings - 180 days $1,000,000 Outdoor Property $2,000,000 Outdoors Trees, Shrubs & Plants $25,000 Personal Effects and Property of Others $100,000 Personal Property at Newly Acquired or Constructed Buildings - 180 days $500,000

Pollution Cleanup and Removal $100,000 Preservation of Property Included Spoilage $100,000 Tenant Glass $10,000

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Theft Damage to Building Included Underground Water Seepage $25,000 Utilities Services - Direct Damage $50,000 Valuable Papers and Records $50,000

Inland Marine Coverages

Coverage Limits Deductible Yes No Differences, if any

Audio Visual Equipment $100,000 $5,000 Band Equipment, Uniforms & Musical Instruments $500,000 $1,000

Electronic Data Processing Equipment $2,000,000 $5,000 Media & Data Included $1,000

Fine Arts $25,000 $1,000 Miscellaneous Equipment $500,000 $1,000 Personal Effects and Property of Others - Off Premises $100,000 $1,000

Personal Property In Transit $50,000 $1,000 Property Off-Premises $100,000 $1,000

Crime


Employee Dishonesty $100,000 $1,000 Money & Securities - Inside the Premises $50,000 $1,000 Money & Securities - Outside the Premises $50,000 $1,000 Fraudulent Instruction $50,000 $1,000 Forgery & Alteration $50,000 $1,000

Equipment BreakdownCoverage Limits Deductible Yes N


Equipment Breakdown Limit $26,772,219 $5,000 Property Damage Included Off Premises Property Damage $25,000 Business Income/Extra Expense/Service

Interruption $1,000,000

Contingent Business Income $25,000 Civil Authority Included Perishable Goods $100,000 Demolition $100,000 Ordinance or Law $100,000 Excavation Costs $25,000 Expediting Expenses $100,000

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Hazardous Substances $100,000 Newly Acquired Locations $1,000,000 Green $25,000 Public Relations $5,000

General LiabilityCoverage Limits Deductible Yes N


General Aggregate Limit $1,000,000 $500 Each Occurrence Limit $1,000,000 $500

Damage to Premises Rented to You Limit $500,000 $500

Law Enforcement Liability Limit $1,000,000 $1,000 Personal and Advertising Injury Limit $1,000,000 $500

Products/Completed Operations Aggregate Limit $1,000,000 $500

Employee Benefits Liability


Claims-Made & Reported Form Retroactive Date: 9/1/2018 Each Employee Aggregate (Included in General Liability General Aggregate) $1,000,000 $500

Educator's Legal LiabilityCoverage Limits Deductible Yes N


Claims-Made & Reported Form Retroactive Date: 9/1/2018 Coverage A: Professional Educational Services $10,000

Each Professional Incident $1,000,000 Professional incident Aggregate $1,000,000

Coverage B: Employment-Practices Liability $10,000 Each Employment Incident Combined with Coverage A Employment Incident Aggregate Combined with Coverage A

Coverage C: Non-Pecuniary Defense $10,000 Defense Reimbursement $100,000 Defense Reimbursement Aggregate $300,000

Auto LiabilityCoverage Limits Deductible Yes N


Combined Single Limit $1,000,000 $500 Non-Owned & Hired Liability BI/PD Limit

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Uninsured/Underinsured Motorist Bodily Injury - per person $30,000 Bodily Injury - per accident $60,000 $500 Property Damage - per accident $25,000

Medical Payments Per Person $1,000 Per Accident $10,000 $500

Auto Physical DamageCoverage Limits Deductible Yes N


Comprehensive & Collision coverage ACV $500 Including Flood, except in Zones

PrefixedA or V

Newly Acquired Vehicles ACV $500 Hired Car Physical Damage $100,000 $500

Cyber Suite Coverage

CoverageAnnual

Aggregate Limit

Deductible Yes No Differences, if any

All Coverages Combined $100,000 $1,000 1. Data Compromise Response Expenses Included in Aggregate Limit Notification to Affected Individuals Services to Affected Individuals Per Occurrence Sublimits:

Forensic IT Review 50% of Annual Aggregate Legal Review 50% of Annual Aggregate Public Relations Services $5,000 Regulatory Fines and Penalties 50% of Annual Aggregate PCI Fines and Penalties 50% of Annual Aggregate

1st Party Named Malware $50,000 Includes all Data Compromise

Response Expense coverages if loss is due to a Named Malware-Related Compromise

2. Computer Attack & Cyber Extortion Included in Aggregate Limit Data Restoration Costs Data Recreation Costs System Restoration Costs Per Occurrence Sublimits: Loss of Business 50% of Annual Aggregate Public Relations Services $5,000 Cyber Extortion $10,000

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3. Data Compromise Liability Included in Aggregate Limit Defense & Liability Sublimit 3rd Party Named Malware $50,000 4. Network Security Liability Included in Aggregate Limit Defense & Liability 5. Electronic Media Liability Included in Aggregate Limit Defense & Liability

List other Cyber Services & Products OfferedCoverage Limits Deductible

Student Accident Coverage(1354 Students)


Accident, Accident & Health, or Health Insurance

Basic hospital, medical-surgical and major medical expenses $500,000

Disability or long-term care insurance $300,000 Other types of health insurance $200,000

Life Insurance Net cash surrender value, net cash

withdrawal value (under one or more policies on a single life)

Up to$100,000

Death benefits under one or more policies on a single life

Up to$300,000

Total benefits to any owner of multiple non-group life policies

Up to$5,000,000

Individual Annuities Present value of benefits under one or

more contracts on any one life.Up to

$250,000

Group Annuities Present value of allocated benefits on

any one lifeUp to

$250,000

Present value of unallocated benefits for one contractholder regardless of the number of contracts

Up to$5,000,000

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Aggregate Limit Any one life $300,000 Exception: health insurance limit $500,000 Exception: multiple owner life

insurance limit $5,000,000

Exception: unallocated group annuity limit $5,000,000

Value Added Services OfferedCoverage Limits Deductible

Cost SummaryCoverage Exposures Cost

Property (Including Additional Property, Inland Marine and Crime)

Equipment Breakdown General Liability and Employee Benefits Educator's Legal Liability Auto Liability Auto Physical Damage Cyber Suite Student Accident Coverage

Annual Cost

Does your company offer a multi-year rate guaranty? Yes/No

Agent Name:___________________________________________________________________

Agent Representative:____________________________________________________________

Telephone #: _____________________________ Fax #: ________________________________

Authorized Signature:_______________________________________ Date:________________

Printed Name and Title: __________________________________________________________

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REGION 16 EDUCATION SERVICE CENTERSUMMARY OF INSURANCE COVERAGE REQUESTED

The property insurance (including additional property, inland marine and crime) coverage is to be as follows:

$1,000 deductible per occurrence; all risk coverage, including theft, replacement cost, unlimited glass coverage; $50,000 off premises or in transit coverage; $5,000 tree, shrub and plant coverage

PROPERTY ADDRESS BUILDING VALUE CONTENTS VALUE

Bldg # 1 5800 Bell Street $15,356,250 $1,795,309

Bldg # 21601 S. Cleveland Main Building $6,963,975 $635,676

Bldg # 3 1601 S. Cleveland ECI Building $697,410 $62,375

Bldg # 4 1601 S. Cleveland Garage $122,305 $12,231Bldg # 5 1023 N. Nelson $1,052,460 $68,852

Totals $24,192,400 $2,574,443

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LOSS RUN REPORT

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2015-2016 AUDIT – FINANCIALS

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2016-2017 AUDIT – FINANCIALS

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2017-2018 AUDIT - FINANCIALS

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GENERAL CONSIDERATIONS

1. Region 16 Education Service Center reserves the right to accept or reject any or all proposals or any portion thereof, waive any formalities in the proposal process and award the proposal to best serve the interest of the Region 16.

2. Coverage shall be for one year beginning 11:59 P.M. August 31, 2019 and the rates proposed shall be guaranteed for that period. Region 16 ESC shall have the option to extend the coverage of the successful vendor for a period of three additional years in 12-month increments.

3. The coverage requested as outlined by this RFP are to be considered as minimum relative to coverage. For clarity and comparative purposes, any exceptions or deviations to coverage requested by this RFP must be clearly noted in writing and summarized in a distinct and separate section of the vendor’s proposal labeled “Deviations to Coverage Requested”. Failure to comply with this request could result in the elimination of the vendor’s proposal from consideration. Alternate proposals (coverage on a basis different than that requested in the specifications) will receive consideration provided that alternate proposals are clearly defined and the instructions contained in this paragraph are followed. Vendors are required to submit a total of two (2) copies of each vendor's completed Proposal Form (Part 1 and 2 of the RFP), one (1) flash drive with the completed Proposal Form Part 2, required federal and state documents and any additional information the vendor would like Region 16 ESC to consider.

4. Region 16 believes that the data contained in these specifications is sufficient for preparation of proposals. The information is not to be considered in any way as a warranty.

5. Copies of all policy forms, terms and conditions and endorsements must be furnished along with your proposal.

6. The bidders shall be responsible for the delivery of the proposal by the date and time set for the closing of proposal acceptance. Proposals received after the set date and time will not be considered and will therefore be returned to the bidder.

7. Region 16 prefers an annual billing with the premium due 30 days of invoice receipt.

8. The Proposal Form must be signed by a person authorized to bind the vendor in contract. Unsigned proposals will not be considered.

9. The carrier must provide 90 days advance notice of changes in deductibles or coverages or termination of insurance coverage.

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BIDDER QUALIFICATIONS

1. Agents submitting a proposal must be licensed in Texas and have an organization of permanence with adequate personnel and experience. These qualifications should be stated in an addendum to the proposal including:

1. A resume indicating experience of the insurer or representative.2. A summary of services available to the center such as claims and loss

control services, administration, valuation services, etc.

2. Agents submitting a proposal must have an errors and omissions policy with minimum limit of $1,000,000 per occurrence and furnish a Certificate of Insurance with the proposal.

3. Agents must furnish the latest AM Best’s policyholder rating for each separate insurance company with which coverage is proposed. All companies submitting a proposal shall have a minimum AM Best’s rating of B+.

4. A program or plan qualifying under the Texas Interlocal Cooperation Act, Chapter 791, Title 7, Government Code will be acceptable.

KEY DECISION CRITERIA

Pursuant to Section 44.031 of the Texas Education Code, Region 16 ESC may consider the following in determining to whom to award this contract:

1. The purchase price; 50%

2. The reputation of the vendor and of the vendor’s goods or services; 15%

3. The quality of the vendor’s goods or services; 10%

4. The extent to which the goods or services meet Region 16 ESC’s needs; 15%

5. The vendor’s past relationship with Region 16 ESC; 5%

6. The impact on the ability of Region 16 ESC to comply with laws and rules relating to Historically Underutilized Businesses (HUB); 5%

7. The total long-term cost to Region 16 ESC to acquire the vendor’s goods or services.

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REGION 16 EDUCATION SERVICE CENTERINFORMATION

General Information:

1. Any exposure to flammables, explosives, chemicals?Yes, in the print shop, kitchens and miscellaneous cleaning chemicals.

2. Any catastrophe exposure?No.

3. Any policy or coverage declined, canceled or non-renewed during the last 3 years?No.

Property Information:

1. Any owned or leased buildings controlled by the center currently vacant or unoccupied?No.

2. Any owned or leased buildings controlled by the center currently leased to a third party?

No.

3. Does the center have sprinklers throughout the buildings?Building #1 only.

4. Does the Center have a security and/or fire alarm system?Buildings #1, #2, #3 #5 all have security alarm systems. Building #1, #2, 3 and #5 have a fire alarm system.

Liability Information:

1. Does the center own or lease any water craft?No.

2. Does the center own or lease any aircraft?No.

3. Does the center employ nurses?Yes, 2 registered; 4 LVN

4. Total number of employees?Approximately 300

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5. Does the center have a program for inspection of premises and equipment?Yes.

Automobile Information:

1. Is there a vehicle maintenance program in operation?Yes.

2. Is there a procedure to obtain MVR verifications?Yes.

Crime Information:

A. Is there an annual audit performed by a CPA and rendered to the Board of Directors?Yes.

B. Are bank accounts reconciled by someone not authorized to deposit or withdraw funds?Yes.

Conference Information:

1. Region 16 ESC hosts an annual conference to be held at the Amarillo Civic Center2. Region 16 ESC will host a Title I Parental Involvement Conference in Austin, Texas.

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REGION 16 EDUCATION SERVICE CENTERBUILDING INFORMATION

JUNE 2019

Bldg # 1 Description Region 16 ESCStructure Tilt up concreteRoof Standing seam metal. Routine maintenance

completed 2002General Purpose Offices and Conference FacilitySquare Feet 113,000Construction Date 1987, renovations complete, Feb 2002Location 5800 Bell Street, Amarillo, TX

Bldg # 2 Description Region 16 ESC Head Start & Early Head StartStructure MasonryRoof Tar and gravel re-roof completed August 2005General Purpose Offices and ClassroomsSquare Feet 51,190Construction Date 1947Additions 1976, 1985 and 1988Location 1601 S. Cleveland, Amarillo, TX

Bldg # 3 Description ECI BuildingStructure MasonryRoof Standing seam metalGeneral Purpose Office BuildingSquare Feet 4,998Construction Date 1993Location 1601 S. Cleveland, Amarillo, TX

Bldg # 4 Description Warehouse/Garage BuildingStructure SteelRoof MetalGeneral Purpose StorageSquare Feet 1,500Construction Date 1978Location 1623 S. Cleveland, Amarillo, TX

Bldg # 5 Description Region 16 ESC Head Start - Nelson StreetGeneral Purpose Offices and ClassroomsStructure ModularRoof Rubber membrane, completed 2008Square Feet 7673Construction Date August 1998Location 1023 North Nelson, Amarillo, TX

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REGION 16 EDUCATION SERVICE CENTERVEHICLE INFORMATION

YEAR MAKE/MODEL VEHICLE ID # ORIGINAL COST (NEW)1) 1995 Chevrolet Cube Van 1GBHG31K3SF135915 $23,1082) 2017 Freightliner Box Truck 3ALACWDTXHDJD9381 $79,845

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FELONY CONVICTION DISCLOSURESubsection (a) of Section 44.034 of the Texas Education Code states:

“A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.”

“A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract.”

Please check one of the following:

Offeror is a publicly held corporation. (Advance notice requirement does not apply to publicly held corporations)

Offeror is not owned or operated by anyone who has been convicted of a felony.

Offeror is owned or operated by the following individuals(s) who has/have been convicted of a felony:

Name of felon(s): _______________________________________________________________________

Conviction details: ________________________________________________________________ ______________________________________________________________________________

DEBARMENTNeither the offeror nor an owner or principal of Offeror has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension,” as described in the Federal Register and Rules and Regulations.

No, Offeror is not currently debarred, suspended or otherwise ineligible.

Yes, Offeror is currently debarred, suspended or otherwise ineligible.

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FORM 1295 – CERTIFICATE OF INTERESTED PARTIESOfferor shall comply with all rules and regulations related to submission of a Form 1295 “Certificate of Interested Parties”, if required, to Region 16. Additional information may be located on the Texas Ethics Commission’s website, see https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm for more information.

TEXAS RESIDENT INFORMATIONChapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who are not Texas residents. Under the statute, a “resident” offeror is one whose principal place of business is in Texas, including one whose ultimate parent company or majority owner has its principal place of business in Texas. Please answer as follows:

Offeror is a resident.

Offeror is a non-resident.

Offeror’s principal place of business is located:

Complete Mailing Address:

City, State, Zip:

Does Offeror’s resident state require a proposer whose principal place of business is in Texas to under-price proposers whose resident state is the same as Offerors by a prescribed amount or percentage to receive a comparable contract?

Yes No

What is the specified amount or percentage? ______

VENDOR EMPLOYMENT CERTIFICATIONSection 44.031(b) of the Texas Education Code establishes certain criteria that a school district must consider when determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor’s ultimate parent or majority owner (i) has its principal place of business in Texas; or (ii) employs at least 500 people in Texas.

If neither bidding company nor the ultimate parent company or majority owner has its principal place of business in Texas, does Offeror, ultimate parent company, or majority owner employ at least 500 people in Texas?

Yes No

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MWBE/HUB BUSINESS CERTIFICATIONA proposer that has been certified as a Minority/Women Business Enterprise (also known as a “Historically Underutilized Business” or “HUB” and all referred to in this form as a “MWBE”) is encouraged to indicate its MWBE certification status when responding to this solicitation. Offeror certifies that company has been certified in the following categories: (Please check all that apply)

Minority Owned Business Women Owned Business

My company has NOT been certified as MWBE.

Certificate Number:

Name of Certifying Agency:

Disadvantaged Business Enterprises (DBEs) will be afforded equal opportunities to submit bids and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award.

DEVIATION & COMPLIANCEIf Offeror intends to deviate from the Standard Terms and Conditions, Specifications, or other requirements associated with this solicitation, Offeror must list or reference all such deviations on this form, and provide complete and detailed information regarding the deviations below. Region 16 ESC will consider any deviations in its contract award decision, and reserves the right to accept or reject a bid based upon any submitted deviation.

In the absence of any deviation identified and described in accordance with the above, Offeror asserts that it will fully comply with the Standard Terms and Conditions, Specifications, and all other requirements associated with this solicitation if awarded a contract.

List and fully explain any deviations Offeror is submitting:

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PUBLIC DISCLOSURE LAWSAll Proposals, forms, documentation, or other materials submitted by the Offeror to Region 16 ESC in response to this RFP may be subject to the disclosure requirements of the Texas Public Information Act (Texas Government Code chapter 552.001) or similar disclosure laws. The Offeror must clearly identify on this form any information in its Proposal (including forms, documentation, or other materials submitted with the Proposal) that the Offeror considers proprietary or confidential. If the Offeror fails to properly identify the information, Region 16 ESC shall have no obligation to seek protection of such information from public disclosure should a member of the public or other third party request access to the information under the Texas Public Information Act or similar disclosure law. The Offeror will be notified of any third party request for information that the Offeror has identified in this form as proprietary or confidential.

Please check one of the following:

_____ NO, I certify that none of the information included with this Proposal is considered proprietary or confidential.

_____ YES, I certify that this Proposal contains information considered proprietary or confidential and all such information is identified below.

Proprietary/Confidential Information (attach additional sheets if needed):

COPYRIGHT INFORMATIONDoes your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright information?

_____ NO, Proposal does not contain copyright information.

_____ YES, Proposal does contain copyright information.

If you responded “YES”, please identify the specific documents or pages containing copyright information (attach additional sheets if needed):

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“EDGAR” VENDOR CERTIFICATION (2 CFR Part 200 and Appendix II)

When Region 16 ESC personnel seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (also known as the "Uniform Guidance" or new "EDGAR''). All Vendors submitting Proposals must complete this EDGAR Certification Form regarding the Offeror’s willingness and ability to comply with certain requirements which may be applicable to specific purchases using federal grant funds. This completed form will be made available to Region 16 ESC personnel for their use while considering their purchasing options when using federal grant funds.

For each of the items below, the Offeror should certify the Vendor’s agreement and ability to comply, where applicable, by having the Authorized Company Official check and initial the applicable boxes and sign the acknowledgement at the end of the “EDGAR Vendor Certification” section. If you fail to complete any portion of the following section, Region 16 ESC will consider the Vendor’s response as “NO”, the Vendor is unable or unwilling to comply. A “NO” response to any of the items may, if applicable, impact Region 16 ESC’s ability to purchase from the Vendor using federal funds.

ITEM 1 - VENDOR VIOLATION OR BREACH OF CONTRACT TERMS:Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Provisions regarding Vendor default are included in the Region 16 ESC “Terms of Contract”. Any Contract award will be subject to such “Terms of Contract”, as well as any additional terms and conditions in any Purchase Order or ancillary contract agreed upon by Vendor and Region 16 ESC, which must be consistent with and protect Region 16 ESC at least to the same extent as the “Terms of Contract” located in this RFP.

The remedies under the Contract are in addition to any other remedies that may be available under law or in equity.

By submitting a Proposal, you agree to these Vendor violation and breach of contract terms.

Vendor Certification – Item 1

_____ YES, I agree to the above. (Initial: _____ )

_____ NO, I do NOT agree to the above. (Initial: _____ )

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ITEM 2 – TERMINATION FOR CAUSE OR CONVENIENCE:For any Region 16 ESC purchase or contract in excess of $10,000 made using federal funds, you agree that the following term and condition shall apply:

Region 16 ESC may terminate or cancel any purchase order under this contract at any time, with or without cause, by providing seven (7) business days advance written notice to the Vendor. If this Agreement is terminated in accordance with this paragraph, Region 16 shall only be required to pay the vendor for goods or services delivered to Region 16 ESC prior to the termination and not otherwise returned in accordance with the Vendor’s return policy. If the service center has paid the Vendor for goods and services not yet provided as of the date of termination the vendor shall immediately refund such payment(s).

If an alternate provision for termination of a Region 16 ESC purchase for cause and convenience, including the manner by which it will be affected and the basis for settlement, is included in the purchase order or ancillary agreement agreed to by the Vendor, the alternate Region 16 provision shall control.




ITEM 3 – CONTRACT WORK HOURS AND SAFETY STANDARDS ACT:Where applicable, for all contracts or purchases in excess of $100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.




ITEM 4 – RIGHT TO INVENTIONS MADE UNDER A CONTRACT OF AGREEMENT:If Region 16 ESC’s Federal award meets the definition of "funding agreement" under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or

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experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements, " and any implementing regulations issued by the awarding agency.

Vendor agrees to comply with the above requirements when applicable.




ITEM 5 – CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACTClean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act.




ITEM 6 – DEBARMENT AND SUSPENSION:Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify Region 16 ESC if t he Vendor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549.

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ITEM 7 – BYRD ANTI-LOBBYING AMENDMENT:Byrd Anti-Lobbying Amendment (31 USC 1352) -- Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352).




ITEM 8 – PROCUREMENT OF RECOVERED MATERIALS:For purchases utilizing Federal funds, the Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as Region 16 ESC may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.




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ITEM 9 – PROFIT AS A SEPARATE ELEMENT OF PRICEFor purchases using federal funds in excess of $150,000, Region 16 ESC may be required to negotiate profit as a separate element of the price. See 2 CFR 200.323(b). When required, the Vendor agrees to provide information and negotiate with Region 16 regarding profit as a separate element of the price for a particular purchase. However, the Vendor agrees that the total price, including profit, charged by Vendor to Region 16 ESC shall not exceed the awarded pricing, including any applicable discount, under the Vendor's Contract with Region 16 Education Service Center.




ITEM 10 – GENERAL COMPLIANCE AND COOPERATION WITH REGION 16 ESCIn addition to the foregoing specific requirements, the Vendor agrees, in accepting any Purchase Order Region 16 ESC, it shall make a good faith effort to work with Region 16 to provide such information and to satisfy such requirements as may apply to a particular purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements.




ITEM 11 – NON-COLLUSION STATEMENTThe Vendor certifies under penalty of perjury that your response is in all respects bona fide, fair, and made without collusion or fraud with any person, joint venture, partnership, corporation or other business or legal entity.




By signing below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein.

_____________________________________ _______________________________________Company Name Signature of Authorized Company Official

__________________________________ ___________________________________ ____________Title Printed Name Date

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ANTITRUST CERTIFICATION STATEMENT – Texas Government Code 2155.005

I affirm under penalty of perjury of the laws of the State of Texas that:

1. I am duly authorized to execute this contract on my own behalf or on the behalf of the company, corporation, firm, partnership, or individual (Company) listed below;

2. In connection with this bid, neither I nor any representatives of the Company have violated any provision of the Texas Antitrust laws referenced in Texas Business & Commerce Code Chapter 15;

3. In connection with this bid, neither I nor any representative of the Company have violated any federal antitrust law; and

4. Neither I nor any representatives of the Company have directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership, or individual engaged in the same line of business as the Company.

Company Name: ______________________________________________________________________

Address: _____________________________________________________________________________

City, State, Zip: ________________________________________________________________________

Bidder Signature: _________________________________________ Date: _______________________

Printed Name: ________________________________ Title: ____________________________________

Signature of Authorized Company Official: __________________________________________________

Printed Name: __________________________________________ Date: _________________________

Company Official’s Title: _________________________________________________________________

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SB 9 CONTRACTOR CERTIFICATION: CONTRACTOR EMPLOYEES (AS APPLICABLE)Texas Education Code Chapter 22 requires entities that contract with school districts to obtain criminal history records on covered employees. Covered employees with disqualifying criminal histories are prohibited from serving at a school district. Contractors must certify to Region 16 ESC that they have complied and must obtain similar certifications from their subcontractors. The law requires each contractor to obtain the criminal histories of its covered employees. For more information or to set up an account, a contractor should contact the Texas Department of Public Safety's Crime Records Service at 512.424.2474.

Definitions:Covered e mployees: Employees of a contractor who have or will have continuing duties related to the service to be performed at a school district and have or will have direct contact with students. Region 16 ESC will be the final arbiter of what constitutes continuing duties and direct contact with students.

Disqualifying criminal h istory: (1) a conviction or other criminal history information designated by Region 16 ESC; (2) a felony or misdemeanor offense that would prevent a person from being employed under Texas Education Code § 22.085(a), that is: if at the time of the offense, the victim was under 18 or was enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense on conviction for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an offense under federal law or the laws of another state that is equivalent to (a) or (b).

On behalf of ___________________________________ (“Contractor”), I, the undersigned authorized signatory for Contractor, certify to Region 16 Education Service Center that: (check one)

_____ None of Contractor 's employees are covered employees, as defined above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that its employees will not become covered employees . Contractor will maintain these precautions or conditions throughout the time the contracted services are provided.

Or_____ Some or all of Contractor 's employees are covered employees. If this box is checked, I further

certify that:1. Contractor has obtained all required criminal history record information regarding its covered

employees. None of the covered employees has a disqualifying criminal history.2. If Contractor receives information that a covered employee subsequently has a reported criminal

history, Contractor will immediately remove the covered employee from contract duties and notify Region 16 ESC in writing within 3 business days.

3. Upon request, Contractor will provide Region 16 ESC with the name and any other requested information of covered employees so that Region 16 ESC may obtain criminal history record information on the covered employees.

If Region 16 ESC objects to the assignment of a covered employee on the basis of the covered employee's criminal history record information, Contractor agrees to discontinue using that covered employee to provide services at Region 16 Education Service Center.

I also certify to Region 16 ESC on behalf of Contractor that Contractor has obtained certifications from its subcontractors of compliance with Texas Education Code, Chapter 22. Noncompliance or misrepresentation regarding this certification may be grounds for contract termination.

__________________________________ _______________________________ ______________ Signature of Authorized Company Official Title Date

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H.B. 89 VerificationThe 2017 Texas Legislature enacted House Bill 89 (codified in chapter 2270 of the Texas Government Code). As of September 1, 2017, state law requires written verification by a for-profit company before a local government (city, school district, special district, etc.) may enter into a contract with the company for goods or services: STATEMENT: “I verify that the company named below does not boycott Israel and will not boycott Israel during the term of the above referenced contract.”

Definition: “boycott” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

Company Name: ______________________________________________________________________

Signature of Company’s Authorized Official: ________________________________________________

Print Name: __________________________________________________________________________

Title: _______________________________________________ Date: __________________________

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SB 252 CERTIFICATION

The 2017 Texas Legislature enacted Senate Bill 252 (codified in chapter 2252 of the Texas Government Code) relating to prohibiting governmental contracts with a company doing business with Iran, Sudan, or a foreign terrorist organization.

Definitions:

“Foreign Terrorist Organization” means an organization designated as a foreign terrorist organization by the United States Secretary of State as authorized by 8 U.S.C. Section 1189.

“Governmental Contract” means a contract awarded by a governmental entity for general construction, an improvement, a service, or public works project or for purchase of supplies, materials or equipment. This term includes a contract to obtain a professional or consulting service subject to Chapter 2254 of the Texas Government Code.

STATEMENT: I hereby certify that__________________________________________ (Company/business name) is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify TexBuy Purchasing Cooperative.

Company Name: _______________________________________________________________________

Signature of Company’s Authorized Official: ________________________________________________

Print Name: __________________________________________________________________________

Title: _______________________________________________ Date: __________________________

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