SERVICE CONTRACT BETWEEN KIPP, Inc. AND <<Service Provider s Legal Name>>

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1 SERVICE CONTRACT BETWEEN KIPP, Inc. AND <<Service Provider s Legal Name>> This Services Contract ( Contract ) is made and entered into by and between the KIPP, Inc. ( KIPP ), KIPP Way, Houston, Texas 77099, and <<Service Provider s Legal Name and Address>> ( Service Provider ). WHEREAS, KIPP desires to hire <<Service Provider s Legal Name>> to perform services as outlined in <<Make note if scope is included in Section I or an Attachment>> in this Contract; WHEREAS, KIPP has determined that such services are in support of its educational objectives; NOW THEREFORE, in consideration of the mutual promises herein contained, and other good and valuable consideration, the parties hereto agree as follows: I. SERVICES TO BE PROVIDED BY SERVICE PROVIDER: The Service Provider agrees that the following specifications will be conducted at <<specific location>>. KIPP may add to or delete schools at any time in its discretion. Please see <<Make note if scope is included in Section I or an Attachment>> for the detailed scope of work. II. III. IV. SERVICES TO BE PROVIDED BY KIPP: KIPP agrees to perform the services outlined in <<Make note if KIPP scope is outlined in Section II or an Attachment>>. These services are subject to change by KIPP at its sole discretion. TERM OF CONTRACT: The term of this Contract shall be from <<Date through Date; include any auto renewal terms or options; i.e. with two (2) optional one year renewals >>; provided, however, this Contract may be terminated prior to the expiration of the term as provided in the Termination Section of this Contract. TERMINATION: This Contract may be terminated prior to the expiration of the term hereof as follows: By KIPP upon 3 days notice to the Service Provider if the work is not provided in a satisfactory and proper manner as determined by KIPP. By mutual written agreement of the parties; By KIPP without cause, upon thirty (30) days prior written notice to the Service Provider; or By KIPP immediately if the Service Provider commits a material breach of any of the terms of this Contract. 1 P a g e

2 In the event this Contract is terminated because of a violation or breach of the contract terms by the Service Provider, KIPP shall be entitled to all administrative, contractual and legal remedies, including sanctions and penalties as may be appropriate. V. COMPENSATION: For and in consideration of the services to be provided by the Service Provider under this Contract, KIPP will pay the Service Provider upon submission of an original invoice(s) based on the pricing detailed in <<Make note if detailed pricing is included in Section V or as an Attachment>>. Unless earlier terminated, payments shall be made according to the information listed below. The compensation to be paid should be invoiced by district, reflecting the campus and costs allocated by school/area. Original invoices should be sent for processing to the Accounts Payable. After the completion of the work, the invoice will be processed for payment within thirty (30) days of its receipt. <<Make note any payment terms and associated discounts>> In the event the contract is terminated prior to the end of the stated term, payments will only be made to the extent that work has been performed prior to termination. VI. RELATIONSHIP OF THE PARTIES: It is understood and agreed that the Service Provider is a separate legal entity from KIPP and neither it nor any of its employees, volunteers, or agents contracted by it shall be deemed for any purposes to be employees or agents of KIPP. The Service Provider assumes full responsibility for the actions of its personnel and volunteers while performing any services incident to this Contract, and shall remain solely responsible for their supervision, daily direction and control, payment of salary (including withholding of income taxes and social security), workers compensation, disability benefits and like requirements and obligations. Nothing in this Agreement shall be deemed or construed to create any third party beneficiaries or otherwise give any third party any claim or right of action against any party to this Agreement. VII. VIII. IX. NO WAIVER OF IMMUNITY: KIPP does not waive or relinquish any immunity or defense on behalf of itself, its trustees, officers, employees, and agents as a result of its execution of this Contract and performance of the functions or obligations described herein. AUTHORIZATION OF CONTRACT: Each party represents and warrants to the other that the execution of this Contract has been duly authorized, and that this Contract constitutes a valid and enforceable obligation of such party according to its terms. NO WAIVER: 2 P a g e

3 No waiver of a breach of any provision of this Contract shall be construed to be a waiver of any breach of any other provision. No delay in acting with regard to any breach of any provision shall be construed to be a waiver of such breach. X. NOTICE: Any notice required to be given under the provisions of this Contract shall be in writing and shall be duly served when hand-delivered to the addressees set out below, or shall have been deposited, duly registered or certified, return receipt requested, in a United States Post Office addressed to the other party at the following addresses: To: <<Service Provider s Legal Name>> Attn: <<Contact Name>> <<Title>> <<Mailing Address>> <<Phone>> To: KIPP, Inc. Attn: <<Budget Owner s Name>> <<Title>> <<Mailing Address>> <<Phone>> Any party may designate a different address by giving the other party ten (10) days prior written notice in the manner provided above. XI. XII. XIII. NO ASSIGNMENT: No assignment of this Contract or of any duty or obligation or performance hereunder, shall be made in whole or in part by either party without the prior written consent of the other party. SECTION HEADINGS: The headings of sections contained in this Contract are for convenience only, and they shall not, expressly or by implication, limit, define, extend, or construe the terms or provisions of the sections of this Contract. GOVERNING LAW: This Contract is made in Texas and shall be construed, interpreted, and governed by the laws of such state. The parties irrevocably consent to the sole and exclusive jurisdiction and venue of the courts of Harris County, Texas, for any action under this Contract. The Service Provider shall comply with executive order 11246, entitled Equal Employment Opportunity, as amended by executive order 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60). 3 P a g e

4 The Service Provider shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857 (a)), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CRF, Part 15), which prohibit the use under non-exempt federal contracts, grants, or loans or facilities included on the EPA list of violating facilities. Violations shall be reported to the Texas Education Agency and to the USEPA Assistant Administrator for Enforcement (EN- 329). The Service Provider shall recognize 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 (P.L ). The Service Provider agrees to comply with all applicable requirements of all federal laws, executive orders, regulations, applicable guidelines, and policies governing this program, particularly relating to nondiscrimination. These include but are not limited to: (i) Title VI of the Civil Rights Act of 1964, as amended; (ii) Title IX of the Education Amendments of 1972; as amended; (iii) Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; and (iv) the American with Disabilities Act, as amended. This Contract governs KIPP s relationship with <<Service Provider s Legal Name>> as well as KIPP s (and its Authorized Users) use of <<Service Product>>. The Contract is comprised of the Contract Documents (as set forth below) and any additional or different terms that may from time to time be implemented via written agreement between both parties. This Contract shall include the following Contract Documents, which are incorporated herein by reference for all purposes, and in the event of an inconsistency between or among the Contract Documents, the inconsistency shall be resolved by giving precedence in the following order: i. KIPP, Inc. Service Contract ii. Exhibit A <<Insert Exhibit Title Here As Needed>> iii. Exhibit B <<Insert Exhibit Title Here As Needed>> iv. <<Etc.>> v. Any additional schedule(s) or attachment(s) subsequently attached to this Contract (which shall be given precedence as set forth herein, except as otherwise expressly provided in any such schedule or attachment). XIV. XV. ORIGINALS: This Contract may be executed in up to three (3) counterparts, each of which shall have the full force and effect of the original Contract, and each of which shall constitute but one of the same instruments. REPORTS: KIPP and the Service Provider shall furnish operating reports to designated representatives on a schedule to be mutually agreed upon. No written reports of any kind shall be released to any third parties without prior written approval of KIPP. 4 P a g e

5 XVI. INDEMNITY: The Service Provider shall hold KIPP and its past and present and future trustees, officers and employees harmless and shall indemnify all such parties against any and all claims, demands, and causes of action of whatever kind or nature asserted by any third party, occurring or in any way incident to, arising out of, or in connection with any acts of the Service Provider and its agents, employees, and subcontractors done in connection with this Contract. Nothing in this Contract shall be construed to create a claim or cause of action against the District for which it is not otherwise liable, nor to waive any immunity or defense to which the District may be entitled nor to create an impermissible deficiency debt of the District. XVII. INSURANCE: Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. The scope of these insurance requirements is outlined in Attachment A. XVIII. CRIMINAL HISTORY BACKGROUND CHECK: Service Provider must certify on forms provided by KIPP, that each employee has, for the purposes of working for or with a Texas school district; passed a criminal history background check within the last calendar year, complying with KIPP s current policy pertaining to criminal histories and been fingerprinted in accordance with state requirements Texas Education Code Section and Texas Administrative Code Section and : (a) national criminal history record information from a law enforcement or criminal justice agency for each employee of Service Provider hired before January 1, 2008; and (b) national criminal history record information from the Texas Department of Public Safety for each employee of Service Provider hired on or after January 2, Service Provider will also be required to obtain from each and every subcontractor or independent contractor the form of certification, relating to the employees of such subcontractors and independent contractors. All Service Provider and subcontractor forms must be submitted prior to the commencement of work by the Service Provider or the applicable subcontractor/independent contractor, who will have direct contact with students, must not have been convicted of an offense identified in Texas Education Code Section , or any higher standard established by KIPP. XVIII. RELEASE OF INFORMATION: 5 P a g e

6 Unless required by law, the existence and terms of this Contract may not be disclosed by the Service Provider to any third party without the prior written consent of KIPP. The Service Provider may not publish or use any publicity materials relating to this Contract or use KIPP s name without the consent of KIPP. XIX. RECORDS RETENTION AND AUDITS: KIPP or its authorized representative, shall be afforded unrestricted access to and permitted to inspect and copy all the Service Provider s records, which shall include but not be limited to accounting records (hard copy as well as computer readable data), correspondence, instructions, drawings, receipts, vouchers, memoranda and similar data relating to this Contract. The Service Provider shall preserve all such records for a period of five (5) years, or for such longer period as may be required by law, after final payment under this Contract. If this Contract is funded from contract/grant funds provided by the U. S. Government or the State of Texas, the Contract, books, and records shall be available for review and audit by the Comptroller General of the U.S. and/or the Inspector General of the federal sponsoring agency, or the State of Texas and its duly authorized representatives. To the extent that the Service Provider will come into possession of student records and information, and to the extent that Provider will be involved in the survey, analysis, or evaluation of students, incidental to this Agreement, Provider agrees to comply with all applicable requirements of the Family Educational Rights and Privacy Act. In the event that KIPP is required to furnish information or records pursuant to the Texas Public Information Act, Provider shall furnish all such information and records to KIPP and KIPP shall have the right to release such information and records. XX. XXI. BUSINESS ETHICS: During the course of pursuing contracts, and the course of contract performance, the Service Provider will maintain business ethics standards aimed at avoiding real or apparent impropriety or conflicts of interest. No substantial gifts, entertainment, payments, loans or other considerations beyond that which would be collectively categorized as incidental shall be made to any employees or officials of KIPP, its authorized agents and representatives, or to family members of any of them. At any time the Service Provider believes there may have been a violation of this obligation, the Service Provider shall notify KIPP of the possible violation. KIPP is entitled to request a representation letter from the Service Provider, its subcontractors or vendors at any time to disclose all things of value passing from the Service Provider, its subcontractors or vendors to KIPP s personnel or its authorized agents and representatives. BUSINESS CERTIFICATES / TAXES: All Service Providers or Professional Services Providers entering into a contract with KIPP must adhere to the following applicable Texas laws as they pertain to their individual type of ownership. Corporations (domestic or foreign*) shall be properly registered with the Texas Secretary of State and the Comptroller of Public Accounts as required by TITLE 6 P a g e

7 34, Part 1, Chapter 3, Subchapter V, Rule of the Texas Administrative Code. A current "Certificate of Good Standing" from the Texas Comptroller of Public Accounts shall be made available upon request stating that the corporation charter is current and all Texas Franchise Reports and Taxes are paid. Partnerships and Joint Stock Companies, and Limited Liability Partnerships (domestic or foreign*) shall be properly registered with the Texas Secretary of State in accordance with TITLE 105--PARTNERSHIPS AND JOINT STOCK COMPANIES, CHAPTER ONE --- PARTNERSHIPS, LIMITED PARTNERSHIPS, TEXAS REVISED LIMITED PARTNERSHIP ACT, Article 6132a-1. "Texas Revised Limited Partnership Act." All partners in a partnership must file a "Certificate of Limited Partnership" with the secretary of state, which shall be made available for inspection upon request. *Note: Foreign means formed under laws of another state; Domestic means formed under Texas laws. XXII. CONFIDENTIAL & PROPRIETARY INFORMATION: The parties may provide technical information, documentation and expertise to each other that is either (1) marked as being confidential or, (2) if delivered in oral form is summarized in writing within 10 working days and identified as being confidential ( Confidential Information ). The receiving party shall for a period of five (5) years from the date of disclosure (i) hold the disclosing party s Confidential Information in strict confidence, and (ii), except as previously authorized in writing by the disclosing party, not publish or disclose the disclosing party s Confidential Information to anyone other than the receiving party s employees on a need-toknow basis, and (iii) use the disclosing party s Confidential Information solely for performance of this Contract. The foregoing requirement shall not apply to any portion of a party s Confidential Information which (a) becomes publicly known through no wrongful act or omission on the part of the receiving party; (b) is already known to the receiving party at the time of the disclosure without similar nondisclosure obligations; (c) is rightfully received by the receiving party from a third party without similar nondisclosure obligations; (d) is approved for release by written authorization of the disclosing party; (e) is clearly demonstrated by the receiving party to have been independently developed by the receiving party without access to the disclosing party s Confidential Information; or (f) is required to be disclosed by order of a court or governmental body or by applicable law, provided that the party intending to make such required disclosure shall promptly notify the other party of such intended disclosure in order to allow such party to seek a protective order or other remedy. XXIII. DATA AND PROPRIETARY RIGHTS: All work, as defined under this contract, shall be deemed Work Made For Hire as defined by the United States Copyright Law, and KIPP retains for itself sole ownership of all proprietary rights in and to all designs, engineering details and other data pertaining to any discoveries, inventions, patent rights, software, improvements and the like made by Provider personnel in the course of performing the work. 7 P a g e

8 XXIV. DEBARMENT AND SUSPENSIONS: The Service Provider certifies, to the best of its knowledge and belief, that it is not presently debarred, suspended for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency. XXV. COMPLETE UNDERSTANDING: This Contract shall constitute the complete understanding of the Service Provider and KIPP, and may not be modified in any manner without the express written consent of both parties. By signing the Contract, the Service Provider affirms that there is no personal or financial conflict of interest between the Service Provider or the Service Provider s family and the District. This agreement may be executed in three (3) counterparts, each of which shall have the full force and effect of an original Agreement, and each of which shall constitute but one and the same instrument. XXVI. SIGNATURES: IN WITNESS THEREOF, KIPP and the Service Provider have executed this Contract effective on this the day of. <<Provider s Name>> KIPP, Inc. <<Contact Name>> Date <<Budget Owner s Name>> Date <<Title>> << Title>> Taxpayer Identification # 8 P a g e

9 Attachment A: Insurance Requirements for Service Providers Service Provider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Service Provider, his agents, representatives, employees or subcontractors. Minimum Limits of Insurance Service Provider shall maintain limits no less than: 1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. 2. Automobile Liability: $1,000,000 per accident for bodily injury and Property damage. 3. Workers Compensation: As required by the State of Texas. 4. Employers Liability: $1,000,000 each accident, $1,000,000 policy limit bodily injury by disease, $1,000,000 each employee bodily injury by disease. If the Service Provider maintains higher limits than the minimums shown above, KIPP shall be entitled to coverage for the higher limits maintained by the Service Provider. Other Insurance Provisions The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions: 1. The KIPP, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Service Provider; and with respect to liability arising out of work or operations performed by or on behalf of the Service Provider including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage shall be provided in the form of an Additional Insured endorsement to the Service Provider s insurance policy, or as a separate owner s policy. 2. For any claims related to this project, the Service Provider s insurance coverage shall be primary insurance as respects the KIPP, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the KIPP, its officers, 9 P a g e

10 officials, employees, or volunteers shall be excess of the Service Provider s insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice has been provided to the Entity. Waiver of Subrogation Service Provider hereby agrees to waive subrogation which any insurer of Service Provider may acquire from Service Provider by virtue of the payment of any loss. Service Provider agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. The Workers Compensation policy shall be endorsed with a waiver of subrogation in favor of the KIPP for all work performed by the Service Provider, its employees, agents and subcontractors. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII unless otherwise acceptable to the KIPP. Exception may be made for the State Compensation Insurance Fund when not specifically rated. Verification of Coverage Service Provider shall furnish the KIPP with endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that Insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the KIPP, unless the insurance company will not use the KIPP s forms. All endorsements are to be received and approved by the KIPP before work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. As an alternative to the KIPP s forms, the Service Provider s insurer may provide complete copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Subcontractors Service Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. 10 P a g e

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13 Byrd Anti-Lobbying Certificate Certification for Contracts, Grants, Loans, and Cooperative Agreements (submitted with each contract or offer exceeding $100,000) The undersigned Contractor certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an 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 any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to 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 contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, Disclosure Form to Report Lobbying, in accordance with its instructions as amended by Government wide Guidance for New Restrictions on Lobbying, 61 Fed. Reg (1/19/96). (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Pursuant to 31 U.S.C. 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure. The Contractor,, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure. Date Signature Company Name Title 13 P a g e

14 NAME Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form Doing business as (DBA) ADDRESS Applicable Procurement or Solicitation #, if any: Federal Employer Tax Identification #: This certification is submitted as part of a request to contract. Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions XIX. READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and abide by the terms of this certification, without modification, in order to participate in certain transactions directly or indirectly involving federal funds. 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled ``Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,'' without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this form. Bidder or Contractor Signature: Date: Print Name and Title: 14 P a g e

15 Compliance with Clean Air and Water Act The federal government requires districts to comply with the Clean Air and Water Act in contracts that exceed $100,000. I, an authorized representative of my company, do agree that we are in compliance with the following: a) applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C et seq.) and of the Federal Water Pollution Control Act (33 U.S.C et seq.). b) Ensure that no portion of the work under this award will be performed in a facility listed on the Environmental Protection Agency (EPA) List of Violating Facilities on the date that this award was effective unless and until the EPA eliminates the name of such facility or facilities from such listings. c) Use its best efforts to comply with clean air standards and clean water standards at the facility in which the award is being performed. d) Insert the substance of the provisions of this clause into any nonexempt subaward or contract under the award. e) Report violations to KIPP Houston or to EPA Company Name Signature Title Date 15 P a g e

16 KIPP HOUSTON Felony Conviction Notification State of Texas Legislative Senate Bill No. 1, Section , Notification of Criminal History, Subsection (a), states a person or business entity that enters into a contract with a school district must give advance notice to KIPP if the person or owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. Subsection (b) states 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. This notice is not required of a publicly held corporation. I, the undersigned for the firm named below, certify that the information concerning notification of felony convictions has been by me and the following information furnished is true to the best of my knowledge. Company: Company Official: A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable. Signature of authorized agent: B. My firm is not owned or operated by anyone who has been convicted of a felony. Signature of authorized agent: C. My firm is owned or operated by the following individuals who has/have been convicted of a felony. Name of individual (s): Details of conviction (s): Signature of authorized agent: 16 P a g e

17 KIPP HOUSTON Certificate of Residency The State of Texas has passed a law concerning non-resident contractors. This law can be found in Texas Education Code under Chapter 2252, Subchapter A. This law makes it necessary for KIPP to determine the residency of its bidders/proposers for construction related services. In part, this law reads as follows: Section: (3) Non-resident bidder refers to a person who is not a resident. (4) Resident bidder refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Section: A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident s principal place of business is located. I certify that (Name of Company Bidding/Proposing) is, under Section: (3) and (4), a Resident Bidder/Proposer Non-resident Bidder/Proposer My or Our principal place of business under Section: (3) and (4), is in the city of in the state of. Signature of Authorized Company Representative Print Name Title Date 17 P a g e

18 Certification of Criminal History Record Information Review by Service Certifying Affidavit submitted to: Contractor Name of School District: Mailing Address: Project: KIPP INC., DBA KIPP HOUSTON PUBLIC SCHOOLS KIPP WAY HOUSTON, TX STATE OF TEXAS COUNTY OF HARRIS (1) The undersigned representative, on behalf of the contracting firm identified below, swears and affirms to KIPP Houston Public Schools (the District ) that such firm has obtained, reviewed and verified, from a law enforcement or criminal justice agency, the criminal history record information of all employees of the contracting firm hired before January 1, 2008, who (i) have or will have continuing duties related to the contracted services, and (ii) have or will have direct contact with students (substantial opportunity for verbal or physical interaction with students that is not supervised by a certified educator or other professional District employee). The undersigned further certifies that no employees of the contracting firm who meet the requirements of (i) and (ii) herein have been convicted of any offense identified in Section of the Texas Education Code or prohibited by District policy. (2) The undersigned representative, on behalf of the contracting firm identified below, swears and affirms to the District, that such firm has obtained, reviewed and verified, from the Texas Department of Public Safety criminal clearinghouse, the national criminal history record information of all employees of the contracting firm hired on or after January 1, 2008, who (i) have or will have continuing duties related to the contracted services, and (ii) have or will have direct contact with students. The undersigned further certifies that no employees of the contracting firm, who meet the requirements of (i) and (ii) herein have been convicted of any offense identified in Section of the Texas Education Code or prohibited by District policy. (3) The undersigned firm swears and covenants that no present or future employee of the contracting firm, no present or future independent contractor, and no present or future employee or independent contractor of any subcontractor of the contracting firm, will provide services to the Project on a continuing basis that involve direct contact with students unless and until such employee s or independent contractor s national criminal history record information has been reviewed, cleared and certified, as required herein. In the event of an emergency, an employee or independent contractor who has not been previously certified may only provide services that involve direct contact with students if such employee is escorted by a District employee. (4) The undersigned firm swears and covenants that, upon receipt of information, directly or indirectly, that any employee or independent contractor of the contracting 18 P a g e

19 firm has been convicted of an offense identified in Section of the Texas Education Code or prohibited by District policy, the contracting firm will immediately remove or cause the removal of such employee from the Project and notify the District. (5) Furthermore, if requested by the District, the name, driver s license number, and any other national criminal history information of any person on the Project will be submitted to, and subject to periodic review by, the District., being duly sworn, affirms and certifies that he/she is the (position) of (contracting firm), and that all statements and acknowledgements contained herein are true and correct, and that he/she has the authority to bind such firm to the covenants set out above. SUBSCRIBED AND SWORN TO BEFORE ME this day of, 20. Notary Public My Commission expires 19 P a g e