If a vendor does not respond, the vendor will not appear on the approved vendor list, and will not be allowed to do business with Aldine ISD.

Transcription

1 ALDINE INDEPENDENT SCHOOL DISTRICT Carlotta Nicholas, Director of Purchasing 2520 W.W. Thorne Blvd. Houston, TX Phone Fax NOTICE TO PROPOSERS Aldine Independent School District is accepting Requests for Proposals (hereafter referred to as RFP or proposal) for Student and District Activities and Venues on a continual basis until April 2, 2018 at 4:00 pm. Respond Immediately Although, April 2, 2018 is the latest date to respond, vendors should submit responses to the proposal immediately to be considered for the approved vendor list. Each month prior to April 2, 2018, the purchasing department will on a monthly basis, evaluate and submit vendors for approval by the Board of Trustees. If a vendor does not respond, the vendor will not appear on the approved vendor list, and will not be allowed to do business with Aldine ISD. Method of Delivery Proposals may be delivered in person, ed, faxed, or by certified mail, or via courier to: bids@aldineisd.org or ALDINE INDEPENDENT SCHOOL DISTRICT, ATTN: PURCHASING DEPARTMENT 2520 W.W. Thorne Blvd., M.B. Sonny Donaldson Administration Building, Houston, TX no later than the April 2, 2018 at 4:00 pm. PROPOSAL: Proposal envelopes must be plainly marked as described below: RFP#: PURCH Student and District Activities and Venues COMPANY NAME: RECEIVE UNTIL: April 2, 2018 at 4:00 pm Disqualified Proposals Proposals received later than the specified time, whether delivered in person, ed, faxed or mailed, will be disqualified and returned. Bid Tabulations After the proposal is awarded by the Board of Trustees, a tabulation summary will be posted to the district s website, under Community Vendors, Vendor Bids, Bid Tabulations. Aldine ISD reserves the right to accept or reject any/or all proposals or to make awards as they appear to be advantageous to the district and to waive any and all informalities. Addendums Responding participants should periodically check the district s website for any addendum clarifications that may occur prior to the proposal due date. (See, Community Vendors, then Vendor Bids ). Questions regarding the proposal are to be submitted in writing to bids@aldineisd.org Page 1 of 15

2 SCOPE OF SERVICES Student and District Activities and Venues RFP# PURCH It is the intent of Aldine ISD to identify and establish purchasing contracts with group pricing discounts for a wide array of Student Activity Venues conveniently located in and around the Greater Houston Area. Entities responding should offer family-friendly events, attractions and amusements such as but not limited to video games, go-karts, batting cages, miniature golf, bowling and other student and family-friendly activities and venues. Aldine has over 68,000 students and employs approximately 8,500 individuals. Activities, events, venues and attractions must be appropriate for students in kindergarten through grade 12. The district is requesting pricing structure and group pricing discounts usually applied to non profit organizations. The district prefers billing arrangements without a deposit. This process is a requirement by Texas Education Code and allows Aldine I.S.D. to make purchase contracts on consignment with student event venues. Those responding must provide accurate and complete information required by this solicitation. Contract awards should not be construed to be a guarantee of either minimum or maximum dollar amounts to be spent. Aldine ISD cannot guarantee the number of times that services will be needed. Proposal Response Aldine ISD will be accepting proposal responses on a continual basis until April 2, 2018 at 4:00 pm. Although, April 2, 2018 is the latest date to respond, vendors should submit responses to the proposal immediately to be considered for the approved vendor list. Each month prior to April 2, 2018, the purchasing department will on a monthly basis, evaluate and submit vendors for approval by the Board of Trustees. If a vendor does not respond, the vendor will not appear on the approved vendor list, and will not be allowed to do business with Aldine ISD. Contract Terms Contracts will exist from the date of award until June 30, Renewal Terms There will be no renewal option. Page 2 of 15

3 Vendor Name PROPOSAL FORM Student and District Activities and Venues RFP# PURCH Brochures and price list may be attached. (Please indicate see attached ) 1. List types of events, venues, attractions, amusements and activities offered: 2. List group pricing structure: 3. List price discounts for Aldine ISD group packages: 4. Describe Reservations (Final Changes) / Cancellation Policies: 5. Describe Refund Policies: 6. Are any owners/partners/interested parties an employee of Aldine ISD? Yes No If yes, complete the conflict of interest questionnaire on Aldine ISD website, under Community, Vendors, then CIQ Form for Vendors. Signature Block for Representations: Vendor Name Representative Signature Printed Name, Title Address Office Address Date Phone Number Website Address Page 3 of 15

4 GENERAL TERMS AND CONDITIONS QUESTIONS concerning this proposal package shall be addressed to Carlotta Nicholas, copy PROPOSALS MUST BE SUBMITTED ON THESE FORMS. Proposals must be submitted on the ALDINE ISD proposal form in the space provided for pricing. Pricings may be submitted as price ranges and vendor may refer to attachments. BROCHURES/PRICE SHEETS Brochures and price sheets may be attached and noted on the proposal form. QUANTITIES REQUIRED will be purchased on an as needed basis. REFERENCES may be required during the evaluation process EVALUATION OF PROPOSALS It is not the policy of Aldine Independent School District to purchase on the basis of low prices alone. In evaluating submissions, the following considerations will be taken into account to determine the best value for Aldine Independent School District. Education Code The purchase price; 2. The reputation of the vendor and of the vendor s goods or services; 3. The quality of the vendor s goods or services; 4. The extent to which the goods or services meet the district s needs; 5. The vendor s past relationship with the district; 6. The impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses (HUB). 7. The total long-term cost to the district to acquire the vendor s goods or services; and 8. For a contract for goods and services, other than goods and services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the vendor or the vendor's ultimate parent company or majority owner: (A) has its principal place of business in this state; or (B) employs at least 500 persons in this state; and 9. Other relevant factors specifically listed in any section of the request for bids proposal. As a general rule, Aldine ISD may not apply a geographic preference for procurement involving federal funds See 2. C.F.R However, Aldine ISD may apply an optional geographic preference in the procurement of unprocessed locally grown or locally raised agricultural products for use in a Child Nutrition Program. See 2 C.F.R National School Lunch Program), 215 (Special Milk Program for Children), 220 (School Breakfast Program), 225 (Summer Food Service Program), 226 (Child and Adult Care Food Program). Aldine ISD includes the criteria for local preference, but it does not place a value in the determination of the weighted value in order to meet both state and federal laws. Page 4 of 15

5 DISCLOSURES: BY SIGNING THIS PROPOSAL, a proposer affirms that, to the best of his/her knowledge, the proposal has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would anyway limit competition or give them an unfair advantage over other proposers in the award of this proposal. The conflict of interest questionnaire can be found on Aldine ISD s website under Vendors then Form CIQ for Vendors- Online Conflict of Interest Questionnaire or by using the following link: PURCHASES will be put into effect by means of a purchase order(s) upon authorized request and approval. Any additional agreements/or sample contracts to be signed by ALDINE ISD shall be included with the proposal. Prices for all goods and/or services shall be negotiated to a firm amount for the duration of this contract or as agreed to in terms of time frame. Tax Exemption: ALDINE ISD is exempt from payment of taxes under Chapter 20, Title 122A, Revised Civil Statutes of Texas, for the purpose of tangible personal property. TERMINATION OF CONTRACT: It is understood that the district retains the option to terminate this agreement for any reason at the end of each contract year without pecuniary risk or penalty or at any point during the contract term with evidence of just cause. The district agrees that it will provide written notice of termination no later than thirty (30) days prior to the end of the contract year or for just cause. VENDOR NON-PERFORMANCE: If at any time the vendor fails to fulfill or abide by the terms and conditions or specifications of the contract, ALDINE ISD reserves the right to: 1) Deduct such charges from existing invoice totals currently due, or 2) Cancel within thirty (30) days written notification of intent and remove the vendor from the active proposal file for a period of time not less than one (1) year. SIMILAR CONTRACTS This Proposal will not supersede any other contracts ALDINE ISD either currently is using or may proposal in the future for specific and like kind items. INVOICES: Aldine Independent School District s Purchase Order(s) number must appear on all invoices. TAX EXEMPTION ALDINE ISD is exempt from payment of taxes under Chapter 20, Title 122A, Revised Civil Statutes of Texas, for the purpose of tangible personal property VENUE This contract shall be enforceable in Harris County, Texas, and if legal action is necessary by either party with respect to the enforcement of any and all of its terms and conditions, exclusive venue for any legal action shall lie in Harris County, TX Page 5 of 15

6 INDEMNIFICATION - To the fullest extent permitted by applicable law, the Proposer and its agents, partners, employees, and consultants (collectively Indemnitors ) shall and do agree to indemnify, protect, defend with counsel approved by the District, and hold harmless the District, and their respective officers, directors, members of the board, partners, employees and agents (Collectively Indemnitees ) from and against all claims, damages, losses, liens, causes of action, suits, judgments and expenses, including attorney fees, of any nature, kind, or description (Collectively Liabilities ) of any person or entity whomsoever arising out of, caused by, or resulting from the performance of services, or provision of goods, by contractor pursuant to this contract, or any part thereof, which are caused in whole or in part by any negligent act or omission of the Proposer or, anyone directly or indirectly employed by it or anyone for whose acts it may be liable. REPRESENTATIONS AND CERTIFICATIONS Response to , please complete all portions of this form and submit with your formal quote and supporting documentation. 1.0 TYPE OF BUSINESS (a) The offeror represents as part of its offer that it operates as (Mark with an X ): An individual A partnership A sole proprietorship A corporation Another entity. (b) If incorporated, under the laws of the State of:. 2.0 CONTINGENT FEE (a) Except for full-time bona fide employees working solely for the offeror, the offeror represents as part of its offer that it (Mark one with an X ): Has Has not employed or retained any company or persons to solicit or obtain the contract, and (Mark on with an X ) Has Has not paid or agreed to pay any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract. (b) The offeror agrees to provide information relating to (a) above, as requested by the Assistant Superintendent of Finance and, when any item in subparagraph (a) is answered affirmatively, to promptly submit to the Assistant Superintendent of Finance a completed Statement of Contingent or Other Fees. Page 6 of 15

7 4.0 COVENANTS AGAINST GRATUITIES The offeror represents and certifies as part of its offer that neither it nor any of its employees, representatives or agents have offered or given gratuities valued at $25.00 or more (in the form of entertainment gifts or otherwise) directly or indirectly to any director, officer, employee, or agent/consultant of the District with a view toward securing favorable treatment in the awarding, amending, or the making of any determination with respect to the performing of the contract. 5.0 PARENT COMPANY INFORMATION (a) The offeror represents as part of its offer that is (Mark one with an X ): Is Is not Owned or controlled by a parent company. A parent company, for the purpose of this provision, is one that owns or controls the activities and basic business policies of the offeror. To own the offering company means a parent company must own more that 50 percent of the voting rights in that company. (b) If the offeror is not owned or controlled by a parent company, it shall insert its own Employer s identification Number here: (c) If the offeror is owned or controlled by a parent company, it shall enter in the space below the name and main office address of the parent company and the parent company s Employer Identification Number. (d) Name of Parent Company: Main Office Address: Telephone Number: Address: Parent Company EIN Number: Name of Offering Company: (e) List other company names/ DBA s that are owned, operated and invoiced by your organization. Name Address Phone Number Page 7 of 15

8 INTERLOCAL AGREEMENTS WITH OTHER SCHOOL DISTRICTS THROUGH THE CENTRAL TEXAS PURCHASING ALLIANCE A. Membership. Aldine ISD is a member in good standing of the Central Texas Purchasing Alliance (CTPA / txctpa.org), an alliance of over 40 school districts in Texas representing over a million students, sharing information, services and contractual opportunities. CTPA is an alliance created in accordance with Section of the Texas Government Code through interlocal agreements. B. Adoption of Awarded Contracts. In support of this collaborative effort, all awards made by Aldine ISD may be adopted by other active CTPA member districts. By adopting a contract from another CTPA member district, the adopting district has met the competitive bidding requirements established by the Texas Education Code, Section (a)(4) and as required by the adopting district s policies. There is no obligation on either party to participate unless both parties agree. The goods and services provided under the contract will be at the same or better contract pricing and purchasing terms established by the originating district. C. Adopted Contract Management. The adopting district shall be responsible for the management of the new contract and all payments to the contracted vendor. The originating district shall have no responsibilities under the new contract agreement. EDGAR CERTIFICATIONS ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT TO WHOM IT MAY CONCERN: Aldine ISD is in the process of ensuring that all policies and procedures involving the expenditure of federal funds are compliant with the new Education Department General Administrative Guidelines ( EDGAR ). Part of this process involves ensuring that all current vendors agree to comply with EDGAR. You must complete this form and return to Aldine ISD along with you proposal. The following certifications and provisions are required and apply when Aldine ISD expends federal funds for any contract resulting from this procurement process. Pursuant to 2 C.F.R , all contracts, including small purchases, awarded by the District and the District s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable. Page 8 of 15

9 REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS APPENDIX II TO 2 CFR PART 200 (A) 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 U.S.C. 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. Pursuant to Federal Rule (A) above, when Aldine ISD expends federal funds, Aldine ISD reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party. (B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to Federal Rule (B) above, when Aldine ISD expends federal funds, Aldine ISD reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Vendor in the event Vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. Aldine ISD also reserves the right to terminate the contract immediately, with written notice to vendor, for convenience, if Aldine ISD believes, in its sole discretion that it is in the best interest of Aldine ISD to do so. Vendor will be compensated for work performed and accepted and goods accepted by Aldine ISD as of the termination date if the contract is terminated for convenience of Aldine ISD. Any award under this procurement process is not exclusive and Aldine ISD reserves the right to purchase goods and services from other vendors when it is in Aldine ISD s best interest. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of federally assisted construction contract in 41 CFR Part must include the equal opportunity clause provided under 41 CFR (b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 FR 12319, 12935, 3 CFR Part, Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order Relating to Equal Employment Opportunity, and implementing regulations at 41 CFR part 60, Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. Pursuant to Federal Rule (C) above, when Aldine ISD expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein. (D) Davis-Bacon Act, as amended (40 U.S.C ). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C , and ) as supplemented by Department of Labor regulations (29 CFR Part 5, Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction ). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than Page 9 of 15

10 the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland Anti-Kickback Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States ). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the Federal awarding agency. Pursuant to Federal Rule (D) above, when Aldine ISD expends federal funds during the term of an award for all contracts and subgrants for construction or repair, Vendor will be in compliance with all applicable Davis-Bacon Act provisions. (E) Contract Work Hours and Safety Standards Act (40 U.S.C ). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C of the Act, each contractor must be 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 U.S.C 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. Pursuant to Federal Rule (E) above, when Aldine ISD expends federal funds, Vendor certifies that Vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Aldine ISD resulting from this procurement process. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of funding agreement under 37 CFR (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 of 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. Pursuant to Federal Rule (F) above, when federal funds are expended by Aldine ISD, the vendor certifies that during the term of an award for all contracts by Aldine ISD resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (F) above. (G) Clean Air Act (42 U.S.C q.) and the Federal Water Pollution Control Act (33 U.S.C ), 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 U.S.C q) and the Federal Water Pollution Control Act as amended (33 U.S.C ). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Page 10 of 15

11 Pursuant to Federal Rule (G) above, when federal funds are expended by Aldine ISD, the vendor certifies that during the term of an award for all contracts by Aldine ISD member resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (G) above. (H) Debarment and Suspension (Executive Orders and 12689) A contract award (see 2 CFR ) 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 (3 CFR part 1986 Comp., p. 189) and (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 Pursuant to Federal Rule (H) above, when federal funds are expended by Aldine ISD, the vendor certifies that during the term of an award for all contracts by Aldine ISD resulting from this procurement process, the vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Contractors 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 U.S.C 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. Pursuant to Federal Rule (I) above, when federal funds are expended by Aldine ISD, the vendor certifies that during the term and after the awarded term of an award for all contracts by Aldine ISD resulting from this procurement process, the vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that: (1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. (2) 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, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly. Page 11 of 15

12 RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by Aldine ISD for any contract resulting from this procurement process, Vendor certifies that it will comply with the record retention requirements detailed in 2 CFR The Vendor further certifies that Vendor will retain all records as required by 2 CFR for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Aldine ISD expends federal funds for any contract resulting from this procurement process, Vendor certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C et seq.; 49 C.F.R. Part 18). CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS Vendor certifies that Vendor is in compliance with all applicable provisions of the Buy America Act. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition. CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS Vendor agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions. CERTIFICATE OF INTERESTED PARTIES (FORM 1295) In 2015, the Texas Legislature adopted House Bill 1295, which added section of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. A contract does not require an action or vote by the governing body of a governmental entity or state agency if (1) the governing body has legal authority to delegate to its staff the Page 12 of 15

13 authority to execute the contract; (2) the governing body has delegate to its staff the authority to execute the contract; and (3) the governing body does not participate in the selection of the business entity with which the contract is entered into. Aldine ISD must file a copy of the all disclosure forms with the Texas Ethics Commission not later than 30 days after receiving the form. The bill applies only to a contract entered into on or after January 1, Definitions: To assist you with this process, definitions pertaining to Interested Parties have been added below: (a) Contract includes an amended, extended, or renewed contract. (b) Business entity includes an entity through which business is conducted with a governmental entity or state agency, regardless of whether the entity is a for-profit or nonprofit entity. The term does not include a governmental entity or state agency. (c) Controlling interest means: (1) an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent; (2) membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or (3) service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (d) Interested party means: (1) a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser, or attorney for the business entity. (e) Intermediary, for purposes of this rule, means, a person who actively participates in the facilitation of the contract or negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the business entity who: (1) receives compensation from the business entity for the person s participation; (2) communicates directly with the governmental entity or state agency on behalf of the business entity regarding the contract; and (3) is not an employee of the business entity. Form 1295 Disclosure of Interested Parties: Before a contract can be executed with Aldine ISD, laws adopted by the Texas Ethics Commission require you to make known all interested parties. Page 13 of 15

14 1) As required by law, please complete the Texas Ethics Commission, Form Certificate of Interested Parties electronically on the Texas Ethics Commission website: a. Click the LOG IN button b. Click on the words Click here if you don t have a user ID to establish a Business Entity account 2) After your account is confirmed and verified by Texas Ethics Commission a. Log in to your account, Click Manage My 1295 Forms to start a certificate b. If applicable in the Contract ID Number field, reference the Aldine ISD Contract/Bid ID number or Project ID number and a contract/bid description. c. Add all interested parties for your business entity. 3) Print the Form 1295 and review the form for accuracy (The form should include a filing certification number and date) 4) Include a notarized Form 1295 with your bid/rfp submission Thank You. Carlotta Nicholas, RTSBA Director of Purchasing Page 14 of 15

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