ADVERTISEMENT AND INVITATION FOR BIDS The City of Nocona will receive bids for the purchase of a pick-up truck, including installation and delivery of all truck accessories as described in the following specifications. The bid submission deadline is. July 5, 2024, at 4:00 PM, CST; you may submit a sealed bid in person at 102 Clay Street, Nocona, Texas 76255. The bid willl be posted on the city's website: www.ctyorocona.com Specifications to include the following: 2024 Black-Silverado Crew Cab4WD 15009C1( (CK10543)- short bed with5.3LV-8Eco Tech Engine (355 hp/383 Ib.-ftoftorque) with Police performance calibrations, 10-speed automatic transmission, auto-locking rear differential Marked patrol base package. Driver side LED spotlight Whelen 54' Legacy WeCanX Duo Lightbar with Integrated V2V Sync Traffic Advisor and Full Across Take Down/Alley Lighting Power (R/W, B/W Front and side, R/A, B/A Rear) with strap kit. Core controller, OB11 Carport Harness, Output Expansion Module, 100 Watt Speaker and Bracket, wired and programmed. Progressing Flash Patterns with Slide Switch, Cruise, Photocell Daylight Sensing, Low Push bumper with textured coating and 6 Tri Color Super LED light heads (R/B/W) forward facing and 1 on each side with 45-degree brackets. Take down, alley lighting, progressing flash patterns with slide switch, cruise, and low power capabilities. 2tri color super LED light heads (R/B/W) mounted on rear liçense plate bracket. Reverse/brake lighting, progressing flash patterns with slide switch, cruise, and low power capabilities. Headlight flasher module Ifront cabin dome light Contoured Police console with dual cup holder, arm rest, and 2 magnetic mic clips. Prisoner partition withi full across poly windowand center slider,recessed centerand lower Surfaçe mount dual weapon universal cufflock with 8 second timer, switch-gunlock wire One (I) eight dual color module super LED full function light stick (R/A, B/A) with progressing flash pattems with slide switch, cruise, low power functions mounted in the Rear side window Silverado lighting package-include 2 tri color super LED light heads (R/B/W), mounted in read side glass on rear passenger doors with brackets. Progressing flashj patterns withsides switch, alley, low power, and cruise control functions. (core/carbide Supply wiring harnesses and power distribution book. kick panels-includes shipping and installation. hamess-includes installation. Traffic advisor package rear window and with vehicle specific shroud and brackets. only)-includes installation. Two-way (UHF) radio antenna and coaxial cable-includes installation. Mirror lighting package 1- includes two tri-color super LED light heads mounted under mirror (R/B/W) with 180-degree light spread and integrated alley function-includes installation. Computer mount: console includes installation. Havis Universal laptop mount-instalation of laptop cradle Professional design and installation of graphics for customer All contnctomsubcontnctor who are debarred, suspended, or otherwise excluded from orir ineligible for participation in federal assistance programs may not undertake any activity in part or whole under this] project. Section 3, Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, and Historically Underutilized Business firms are The City of Nocona, TX, reserves the right to reject all bids or waive any informalities in the bidding. The bids may be held by the City ofl Nocona, TX, for a period not exceeding 90 days from the date of the bid opening to review them and investigate the bidder's qualifications before All contnctomsubcontractos whose System for Award Management (SAM.gov) registration is not active or debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs may not undertake any activity inj part or whole under this project. ençouraged to submit bids. the contract award. American Rescue Plan Act(ARPA) Invitation for Bid (IFB) - Pick-up Truck IFB ARPA-2203 June 20, 2024 Re: American Rescue Plan Act (ARPA) Dear Vendors: Attached isac copy ofCity ofNocona's) Invitation for Bid (IFB) fori the purchase of(DPick-UpTruck. These items are being solicited to assist City ofNocona in completing and implementing programs and/or projects funded with its allocation of American Rescue Plan Act (ARPA) funds. The City of Nocona has received an allocation of ARPA and desires to solicit bids for its programs and projects. The submission requirements for this IFB are also included in the scope of work. Please submit the IFB response to: Revell Hardison 102 Clay Street Nocona, TX 76255 Email to: adsom@sinolnoonacon The complete IFB document can be found at: cityofnocona.com. The deadline for submission of a response to this IFB is July 5. 2024, at 4:00 pm. It is the responsibility oft the submitting entity to ensure that the IFB response is received in ai timely manner. IFB responses received after the deadline will not be considered for award, regardless of whether or not the delay was outside the control of the submitting provider. The City of Nocona reserves the City of Nocona is an Affirmative Action/Equal Opportunity Employer. Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, and Labor Surplus Area firms right to negotiate with any and all service providers submitting timely responses. are encouraged to submit bids. Sincerely, Revell Hardison Invitation for Bid (IFB) for Pick-Up Truck The City of Nocona is seeking to enter into a general purchase and supplies contract with a System for Award Management (SAM.gov) registered vendor/supplier. City of Nocona has received an allocation of American Rescue Plan Act(ARPA) funds and desire to solicit bids in order to complete its ARPA programs and projects. The following are the required elements of this invitation for bid. Information regarding this invitation for bid and/orits ARPA Program can be provided by contacting the person listed as the Sole Point ofContact in item 10. 1. Consideration of Award To be considered for award, respondents must adhere to the requirements as set forth by in Part 200 oft the Uniform Administrative Requirements, Cost Principles, and Audit Requirement for Federal Awards contained within this solicitation and provide all other required information and documentation as set forth in this solicitation. 2. Schedule of Events Note: All dates are tentative, and the City of Nocona reserves the right to change these dates at any time. At the sole discretion oft the Entity events listed in the Schedule of] Events are subject to scheduling changes and cancellation. The Entity will make public any changes to the stated schedule. EVENT DATE/TIME JUNE 20, 2024 JUNE 26, 2024, AT4:00PM Solicitation Release Date Deadline for Submitting Questions response to question(s) Deadline to Submit Bid Evaluation & Tabulation Period Anticipated Notice of Award Deadline for City ofl Nocona to provide answers or JULY2,2024, AT4:00PM JULY 5, 2024, AT 4:00PM JULY5,2024 - JULY8 8, 2024 JULY9,2024 3. Specifications to include thei following: The CityofNocona allocated ARPA funds fort the purchase. Black-Silverado Crew Cab 4WD 15009C1 (CK10543)- short bed with 5.3L V-8 Eco Tech Engine (355 hp/383 Ib.-ft C oftorque) with) Police performance calibrations, 10-speed automatic transmission, auto-locking rear differential Marked patrol base package. Driver side LED spotlight Whelen 54' Legacy WeCanX Duo Lightbar with Integrated V2V Sync Traffic Advisor and Full Across Take Down/Alley Lighting B/W Front and side, R/A, B/A Rear) with strap kit. Core controller, OB11 Carport Harness, Output Expansion Module, 100 Watt Speaker and Bracket, wired and programmed. with slide switch, cruise, and low power capabilities. Progressing Flash Patterns with Slide Switch, Cruise, Photocell Daylight Sensing, Lowl Power (R/W, Push bumper with textured coating and 6 Tri Color Super LED light heads (R/B/W) forward facing and 1 on each side with 45-degree brackets. Take down, alley lighting, progressing flash patterns 2 tri color super LED light heads (R/B/W) mounted on rear license plate bracket. Reverse/brake lighting, progressing flash patterns with slide switch, cruise and low power capabilities. Contoured Police console with dual cup holder, arm rest, and 2 magnetic mic clips. Headlight flasher module 1front cabin dome light Supply wiring harnesses and power distribution book. panels-includes shipping and installation. Prisoner partition with full across poly window and center slider, recessed center and lower kick Surface mount dual weapon universal cuffl lock with 8 second timer, switch-gunlock wire harness- One (1) eight dual color module super LED full function light stick (R/A, B/A) with progressing flash patterns with slide switch, cruise, low power functions mounted in the rear window and with Rear side window Silverado lighting package-include 2 tri color super LED light heads (R/B/W), mounted in read side glass on rear passenger doors with brackets. Progressing flash patterns with side switch, alley, low power, and cruise control functions. (core/carbide only)-includes installation. Mirror lighting package 1- includes two tri-color super LED light heads mounted under mirror (R/B/W) with 180-degree light spread and integrated alley function-includes installation. includes installation. Traffic advisor package vehicle specific shroud and brackets. Two-way (UHF) radio antenna and coaxial cable-includes installation. Computer mount: console includes installation. Havis Universal laptop mount-installation of laptop cradle Professional design and installation of graphics for customer All equipment must be delivered to the following address: 102 Clay Street Nocona, TX 76255 Email to: hardison@cityofnocona.com All responsible and responsive offers received prior to the closing date and time of this IFB will be considered. The responding respondent(s) shall submit a written copy ofall warranty information prior to Respondent(s) shall include any descriptive literature such as illustrations, drawings, and/or a clear reference toj previously furnished descriptive data or technical specifications for all items. All components shall be free from defects ini materials and workmanship at the time of final acceptance by the Entity. Asaresult ofthis IFB, The City ofNocona reserves the right to award one Firm Fixed Price Contract. Interested parties may submit the bid by July 5, 2024, at 4:00PM. Questions or Clarifications are due for Respondent(s) must not be debarred at the time of submission and complete the attached Federal Debarment. / Suspension Status Certification Form. Prior to award, the respondent must provide proofof registration, active/good standing, and non-debarment status in the System for Award Management (SAM.gov) will be checked prior to award of the contract. Ifai respondent is not registered with SAM.gov, or the respondent is debarred, then the respondent's proposal will not be evaluated. final acceptance by the Entity. 3. Contract Award this IFB by June 26, 2024, at 4:00PM. 4. Governmental Entities The selected respondent shall be bound to specific terms and conditions found in Part 200 of the Uniform Administrative Requirements, Cost Principles, and Audit Requirement for Federal Awards and Title 10, General Government; Subtitle F, State and Local Contracts and Funds Management; Chapter 2252. 5. Other Applicable Conditions In all contracts, recipients, vendors, contractors, and other applicable sources must specifically refer to the project or provide detailed information regarding the purchase or work being funded. In addition to other Federal and State provisions required, all contracts must address, ifapplicable, any contract provisions provided in Exhibit B. This IFB and subsequent contract will be subject to same ARPA Terms and Conditions the Recipient must comply with and the award bidder understands and agrees that the funds disbursed under this award may only be used in compliance with section 603(c) of the Social Security Act (the Act), Treasury's regulations implementing that section, and guidance issued by Treasury regarding Debarment and Suspension (Executive orders 12549 and 12689) - A contract award must not be made top parties listed on the government wide exclusions list in the System for Award Management For contracts greater than $10,000, provisions for termination by the jurisdiction, including the manner the foregoing. (SAM.gov). by which termination shall be affected and the basis for settlement. Access to Records (formerly 24 CFR 85.36()(10)) Retainage of Records (formerly 24 CFR 85.36(1)(11)) e For contracts greater than $50,000, provisions for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate. 6. Changes, Amendment or Modification to Solicitation The Entity reserves the right to change, amend or modify any provision of this solicitation, or to withdraw this solicitation, at any time prior to award, ifit is in the best interest oft the Entity and make public any changes, amendment, or modification. It is the responsibility of the respondent to periodically check the City/County website to ensure full compliance with the requirements of this solicitation. 7. Irregularities Any irregularities or lack of clarity in this solicitation should be brought to the attention ofthe Point of Contact listed ini this solicitation as soon as possible SO corrective addenda may be furnished to prospective respondents. 8. Informalities The City ofNocona reserves the right to waive minor informalities in a solicitation response ifiti is in the best interest of the Entity. A "minorinformality" is an omission or error that, in the Entity's determination ifwaived or modified when evaluating solicitation responses, would not give a respondent an unfair advantage over other respondents or result in a material change in the solicitation response or solicitation requirements. 9. Sole Point of Contact All requests, questions, or other communication about this solicitation shall be made in writing to the Entity, addressed to the person listed below (Sole Point of Contact). Additionally, a phone number is provided for purposes such as instructing a potential respondent through matters referenced in this Respondents seeking to contact the Sole Point of Contact should do SO via e-mail or telephone to receive solicitation. Communication via telephone is not binding. updated contact information. Name Title Phone Email Revell Hardison City Secretary (940) 825-3282 ardison@alyolinoonacom 10. Prohibited Communication Oni issuance of this solicitation, except for the written and/or telephone inquiries described in the Sole Point of Contact section above, the Entity, its representative(s), or partners will not answer any questions or otherwise discuss the contents oft this solicitation with any potential respondent or their representative(s). This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation. Failure to comply with these requirements may result in disqualification of respondentssalic.tation response. 11. Questions The Entity will allow written questions and requests for clarification oft this solicitation. Questions must be submitted in writing and sent by U.S. First Class mail or email to the Point of Contact listed in the Solicitation above. Respondents' names will be removed from questions in any responses released. Questions shall be submitted in the following format. Submissions that deviate from this format may not be accepted: a. Identifying Solicitation number, ifa applicable b. Section Number, if applicable Paragraph Number, ifapplicable d. Pagel Number Text of passage being questioned I. Question Note: Questions or other written requests for clarification must be received by the Point of Contact by the deadline set forth in the solicitation. However, the Entity, at its sole discretion, may respond to questions or other written requests received after the deadline. Please provide company name, address, phone number; fax number, e-mail address, and name of contact person when submitting questions. 12. Clarifications Respondents must notify the Point of Contact of any ambiguity, conflict, discrepancy, exclusionary specifications, omission, or other error in the solicitation ini the manner and by the deadline for submitting questions. Ifar respondent fails to properly and timely notify the Point of Contact ofsuch issues, the respondent submits its solicitation at its own risk, and if awarded a Contract: (1) shall have waived any claim of error or ambiguity in the solicitation and any resulting Contract, (2) shall not contest the interpretation by any Entity of such provision(s), and (3) shall not be entitled to additional compensation, relief, or time by reason of ambiguity, error, or later correction. 13. Responses Responses to questions or other written requests for clarification may be posted on the Entity website. The Entity reserves the right to amend answers prior to the deadline of solicitation Responses. Amended answers may be posted on the Entity website. Iti is the respondent's responsibility to check the Entity website or contact the Point of Contact for updated responses. The Entity also reserves the right to decline toanswer any question or questions or to provide a single consolidated response to all questions they choose to answer in any manner at the Entity'ssole discretion. 14. Solicitation Response Submission and Delivery Solicitation responses must be received at the address indicated below and be time-stamped or otherwise acknowledged by the Entity no later than the date and time specified in the Schedule of Events. The Entity will not be held responsible for any solicitation response that is mishandled prior to receipt by the Entity. The Entity will not be responsible for any technical issues that result in late delivery, inappropriately identified documents, or other submission error that may lead to disqualification (including substantive or administrative), or nonreceipt oft the respondent's response. 15. Delivery Respondents must deliver solicitation responses by one oft the methods below. Solicitation responses submitted by any other method will NOT be considered. Overnight/Express Mail or Hand U.S. Postal Service City ofNocona % Revell Hardison Delivery City of Nocona % Revell Hardison 102 Clay Street Nocona, TX 76255 102 Clay Street Nocona, TX 76255 NOTE: All solicitation responses become the property of Entity after submission and will not be returned to the respondent. It is the respondent's responsibility to appropriately mark and deliver the solicitation response to the Entity by the specified date. A U.S. Postal Service (USPS) postmark or round validation stamp; a mail receipt with the date of mailing, stamped by the USPS; a dated shipping label, invoice of receipt from a commercial carrier; or any other documentation in lieu oft the on-site time stamp WILL NOT be accepted. 16. Alterations, Modifications, and Withdrawals Prior to the Solicitation submission deadline, ai respondent may: (1) withdraw its solicitation response by submitting a written request to the Point of Contact identified above; or (2) modify its solicitation response by submitting a written amendment to the Point of Contact identified above. The Entity may request solicitation response Modifications at any time. 17. Minimum Qualifications Respondents must meet the minimum qualifications listed below. Furthermore, solicitation responses that appear unrealistic in terms oft technical commitment, that show a lack oftechnical competence, or that indicate a failure to comprehend the risk and complexity ofaj potential contract may be rejected, ini the sole discretion of the Entity. a) Respondent must be authorized to do business in the State ofTexas; and b) Respondent must be registered in SAM.gov 18. Evaluation Criteria Solicitation responses shall be evaluated in accordance with Part 200 oft the Uniform Administrative Requirements, Cost Principles, and Audit Requirement and Chapter 2254 of the Texas Government Code. The Entity will make the selection on the basis of demonstration of fair and reasonable pricing. 19. Initial Compliance Screening The Entity will perform an initial screening of all solicitation responses: received. Unsigned solicitation responses, and solicitation responses that do not meet the minimum qualifications above and/or do not include all required forms and information may be subject to rejection without further evaluation. 20. Additional Evaluation Criteria All solicitations will be evaluated based on Responsiveness. and Price. Responsiveness: means adhering to the Terms and Conditions and specifications of the supplies requested. Ifrespondent(s) who has the lowest price is deemed to be non-responsive, Entity will disqualify the offer and evaluate the response of the next lowest priced responsive respondent. Note: Purchases which exceed $50k threshold must include evaluation criteria. Note: Ifthe respondent is an out-of-state company, a Certificate of Authority from the Secretary of State to do business in Texas must be provided. 21. References Respondent shall provide a minimum of3r references from similar contracts or projects performed, preferably for state and/or local government, within the last Syears. Respondents must verify current contracts. Information provided shall include: a) Client name b) Contrac/Project Description c) Total Dollar amount of contract/project d) Key staff assigned to the referenced contract/project that will be designated for work under this e) Client contract/project. manager name, telephone number, fax number and email address. solicitation; and 22. Litigation and Contract History Respondents must include int their solicitation response a complete disclosure of any alleged or significant contractual failures. In addition, respondents must disclose any civil or criminal litigation or investigation pending over the last five (5): years that involves respondent ori in which respondent has been judged guilty or liable. Failure to comply with the terms oft this provision may disqualify respondents. Solicitation response may be rejected based upon respondent's prior history with the State ofTexas or with any other party that demonstrates, without limitation, unsatisfactory performance, adversarial or contentious demeanor, or significant failure(s) to meet contractual obligations. 23. Conflicts Respondents must certify that it does not have any personal or business interests that present a conflict of interest with respect to the IFB and any resulting contract. Additionally, ifapplicable, the respondent must disclose all potential conflicts ofinterest. The respondent must describe the measures it will take to ensure that there will be no actual conflict ofinterest and that its fairness, independence, and objectivity will be maintained. The Entity will determine to what extent, ifany, aj potential conflict ofi interest can be mitigated and managed during the term of the contract. Failure toi identify actual and potential conflicts of interest may result in disqualification ofas solicitation response or termination of a contract. Please include any activities ofa affiliated or parent organizations and individuals who may be assigned to this Contract, ifany. EXHIBIT A-F Pricing Sheet Pricing Sheet Quantity Description of Products/Services Chevrolet Silverado Crew Cab 4WD with 5.3 V-8 Eco Tec Engine (355 hp/383 Ib.-ft oftorque) with Police performance calibrations, 10-speed automatic transmission, auto-locking rear difterential-driver side LED spotlight-including all installation. Cost per Unit (Ea.) Extended Price 2024 Pick-Up 15009C1 (CK10543)-Short 5'8" bed Truck $ Delivery Charges Ifany, $ $ TOTALALLLINE ITEMS $ EXHIBIT B - Contract Provisions "Language: as of September1 1,2022. 2CFR2 200.3 327 Contract provisions. The non-Federal entity's contracts should contain applicable provisions described inA Appendix lltoF Part: 200- -Contract Provisions for non-Federal Entity Contracts Under Federal Awards. The non-Federal entity's contracts must contain the provisions described in Appendix llto Part: 200--Contract Provisions for non-Federal Entity Contracts Under Federal Awards, as applicable. PROVISION CITATION PROVISION APPLIESTO Contractor RFP/IFB Contractor RFQ Subrecipients Contractor RFP/IFB Contractor RFQ Subrecipients >$250,000 Threshold) Contracts for more than the simplified acquisition threshold, whichi is thei inflation adjusted amount 2CFR200 Council (Councils)as: authorizedl by41U.S.C.1 1908, musta address administrative, contractual, orl legal remedies in instances where contractors violate or breach contract terms, and provide for such (SimplifiedA Acquisition determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations APPENDIXII (A) sanctions and penalties as appropriate. Allo contractsi ine excess ofs $10,0001 must addresst terminationt for cause andf for convenience by ther non- 2CFR: 200 Federale entityi including the manner by whichi it willl be: affected andt the! basis for settlement. >$10,000 APPENDIXII (B) Equal Employment Opportunity. Excepta as otherwise provided under 41CFR Part60, allo contracts that meet thec definition of" federallya assisted construction contract" in41 CFR Part 60-131 musti includet the equal opportunity clause provided undeICER60-14tb. ina accordance with) Executive Order 11246, "Equal Employment Opportunity" (30 FR 12310.12935.3CERI Part. 1964-1965 Comp., P. 339), as amendedi by Executive Order 11375." Amending Executive Order 112461 Relatingt to Equal Employment Opportunity," andi implementing regulations at4ICFRpart60, "Officed ofF FederalContract Compliance (b) Federally assisted construction contracts. (1) Except as otherwise provided, each administering: agency shall require thei inclusion ofthet following language asa ac condition ofa any grant, contract, loan, insurance, or guaranteei involving federally assisted construction whichis The [recipient] hereby: agrees thati it willi incorporate orc causet tob bei incorporated into any contract for construction work, orr modification thereof, as definedi int ther regulations of the Secretaryof! Labor at41 CFRC Chapter 60, whichi is paid fori inwholeoring part with funds obtainedf from thel Federal Government or borrowed ont thec credit ofthe Federal Government pursuantt toa ag grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, genderi identity, or national origin. The contractory will takea affirmative: actiont toe ensure thata applicants are employed, andt thate employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, genderidentity, or national origin. Such action shalli include, butr noth bel limitedtothe Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or 2CFR: 200 termination; rates of pay or other forms of compensation; and selection for training, including APPENDIXIII RFP/IFB apprenticeship. The contractor agrees to post in conspicuous places, available to employees and and4 41 CFR $60- Contractor applicants for employment, notices to be provided setting forth the provisions of this The contractor will, in alls solicitations or advertisements for employees placed by or on behalf oft the contractor, statet thata allq qualified applicants will receive considerationt for employment without regard tor race, color, religion, sex, sexual orientation, genderi identity, or national origin. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation oft the employee or applicant or another employee or applicant. This provision shal! not apply toi instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation ofs such other employees ora applicants toi individuals who do not otherwise have: access tos suchi information, unless such disclosurei isi inr responset toa af formal complaint or charge, inf furtherance ofani investigation, proceeding, hearing, or action, including ani investigation conducted byt thes employer, ori is consistent with thec contractor's legal duty tof furnishi information. Thec contractor wills send toe eachl labor union or representative ofv workers withs which! hel has collective bargaining agreement or other contract or understanding, a notice tol be provided advising thes said labor union or workers' representatives oft the contractor's commitments under this section and shall post copies oft thet notice in conspicuous places availablet toe employees and applicants fore employment. The contractor willo comply with allp provisions of Executive Order 11246ofs September 24, 1965, andof Thecontractory willfurnish: alli information: andr reportsr requiredby Executive Order 112460 ofs September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access tol his books, records, and accounts by the administering agency and the Secretary of Labor for purposes ofi investigation' toa ascertain compliance withs such rules, regulations, and orders. Int the event oft the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole ori inj part and the contractor may be declaredi ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 ofs September: 24, 1965. ands such other sanctions may bei imposed and remedies Programs, EqualE Employment Opportunity, Department ofl Labor." 41CFRE 60-1.41 Equalc opportunity clause. note exempt from the requirements oft thee equal opportunity clause: insurance, org guarantee, thef following equal opportunity clause: During thep performance oft this contract, the contractor: agrees asf follows: following: nondiserimination: clause. Contractor RFQ Subrecipients None 1.4(b) the: rules, regulations, andi relevant orders oft the Secretary ofl Labor. invoked as provided in Executive Order 11246 of September 24, 1965, orb by rule, regulation, or order The contractor will include thep portion oft thes sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8)i in every subcontract or purchase order unless exempted by rules, regulations, or ordersofthes SecretaryofL Labori issued pursuant tos section: 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor willt take such action with respect toa any subcontract or purchase order ast the administering agency may direct as a means of enforcing such provisions, including sanctions for Provided, however, thati in thee event a contractor becomes involved in, ori is threatened with, litigation witha as subcontractor or vendora asar result ofs such direction! by the administering agency, thec contractor may request the United States toe enteri intos suchl litigationt to protect thei interests oft the United! States. The! [recipient) further agrees that itv will be! bound byt thea above equal opportunity clause with respect toitso owne employment; practices wheni it participatesi inf federally assisted construction work: Provided, thati ifthe! [recipient)s sop participating isa a State orl localg government, the: abovee equal opportunity clause is not applicable to any agency, instrumentality ors subdivision of such government which does not The (recipient] agrees thati it will assist and cooperate actively with the administering agency andt the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause andt the rules, regulations, andr relevant orders oft the Secretary ofL Labor, thatitw will furnish the administering agency and the Secretary ofI Labors suchi information: as they may require for thes supervision ofs sucho compliance, andt thati itv willo otherwise assist ther recipient agencyi int thedischarge Ther recipient further agrees thati it willrefrainf frome entering into any contract orc contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or whol has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant tot thel Executive Order and will carry out such sanctions and penalties for violation oft the equalo opportunity clause: as mayl bei imposed upon contractors ands subcontractorsl by thes administering agency ort the Secretary ofLabor pursuant toPart II, Subpart Doft thel Executive Order. Ina addition, the (recipient]: agrees thati ifitf fails orr refuses to comply with these undertakings, thes administering: agency mayt take anyo ora allofthef followinga actions: Cancel, terminate, ors suspend in wholed ori inp part this grant (contract, loan, insurance, guarantee); refrain frome extending any further assistance tot the [recipient) under thep program with respect tov which thef failure or refund occurred until satisfactory: assurance of future compliance has been received from such [recipient); and refer the case tot the Department of Davis-Bacon. Act, as amended (40 US.C 3141:3148). When required by Federal programl legislation, allp primec construction contractsi ine excess of$ $10,000,00 awardedb byr non- Federale entities musti include a provision for compliance with the Davis-Bacon Act (40 US.C.3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29.CER.Part.5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and/ Assisted Construction"). Ina accordance with thes statute, contractors must ber requiredt top pay wages tol laborers andr mechanics atar rate notl less than ofthes Secretary ofL Labor, ora as otherwise provided byl law. noncompliance: participatei iny work ond or under thec contract. oft thea agency's primary responsibility fors securing compliance. Justice for appropriatel legal proceedings. $10,000,000 for the prevailing wagess specifiedi in a wage determination made by the Secretary of Labor. Ina addition, ARPAL but State contractors must ber requiredtor pay wagesr notl less thand onceav week.' Ther non-Federal entity must place Provision Appliesa at a copy of the current prevailing wage determination issued by the Department of Labor in each anya amount and/or solicitation. Thec decision to award a contract ors subcontract must bec conditioned upont thea acceptance CDBG/Braided the Federal awarding agency. The contracts must also include a provision for compliance with the APPENDIXII >$2,000f for Funds[1) ofthe wage determination. The non- Federal entity must report alls suspected or reported violations to 2CFR: 200 Copeland' Anti-Kickback". Act Go U.S.C.3145), ass supplemented by Department ofL Laborr regulations (29CFRPart3," "Contractors ands Subcontractors on! PublicE Building or Public Work Financedi inl 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 publicwork,t tog give upa any partoft the compensation toy which! he ors shei is otherwise entitled. The non-Federal entity must reporta alls suspected or reported violations to Contractor RFP/IFB Subrecipients (D) the Federal awarding: agency. Contract Work Hours and Safety Standards Act( (o US.C.3701-3708). Where applicable, all contracts awarded byt ther non-Federale entityi in excess of $100,0001 thati involvet thee employmento of mechanicsor laborers musti include a provision for compliance with 40 USC.3702 and: 3704, ass supplemented by Department of Labor regulations (29 CFR Parts). Under o1 U.SC.3702 oft the Act, each contractor must ber requiredt toc compute the wages ofe every mechanic andl laborer ont theb basis ofa standard work week of4 40! hours. Work ine excess ofthes standard work week isp permissible providedt that thes workeri is compensated: ata a rateofr notl less than one andah halft times the! basicr rate ofp pay for all! hours workedin excess of 40b hoursi int thev work week. The requirements of40 U.S.C.3704 area applicable to construction 2CFR: 200 work and provide that nol laborer or mechanic must be required to work in surroundings or under APPENDIXIII Subrecipients working conditions whicha are unsanitary, hazardous or dangerous. These requirements dor not apply tothep purchases ofs supplies or materialso ora articles ordinarily available ont thec open market, orc contracts >$100,000 Contractor RFP/IFB fort transportation ort transmission ofi intelligence. Rightst tol Inventions Made Undera a Contract or Agreement. Ifthel Federal awardr meets the definition of" "funding agreement" under. 37CFRS4012fa): and ther recipient ors subrecipient wishes to enteri into 2CFR 200 a contract with as small business firm or nonprofit organization regarding thes substitution ofp parties, APPENDIXII(F) RFP/IFB assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of37_CER Part 401. "Rightstol Inventions Madeby Nonprofit Organizations and SmallE Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the Clean Air Act (42 U.S.C. 7401-7671Q.) and the Federal Water Pollution Control Act (33U.SC 1251: 1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a 2CFR: 200 provision that requires ther non-Federal: awardt toa agree toc comply with all applicable standards, orders APPENDIXII or regulations issued pursuant to the Clean Air Act (42 USC.701-76710) and the Federal Water Pollution Control. Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency: and the Regional Office oft thel Environmental Protection. Agency (EPA). None Contractor Contractor RFQ Subrecipients awarding agency. >$150,000 Contractor RFP/IFB Contractor RFQ Subrecipients Contractor RFP/IFB Contractor RFQ Subrecipients Vendors (G) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see_ 2 CFR 180.220)must: noth ber madet to parties listedo ont the governmentwide. exclusionsi int the System for Award 2CFR: 200 Management (SAM), ina accordance with the OMB guidelines at2 CFR 180t thati implement Executive APPENDIXII Orders 12549( (3 CFR part 1986 Comp..p. 189)a andi 12689(3CFR; part 1989 Comp..p. 235), "Debarment and Suspension.". SAMI Exclusions contains the names of parties debarred, suspended, or otherwise excludedby agencies, asv wella as parties declaredineligiblet unders statutory orr regulatory: authority other >$25,000 (H) than Executive Order 12549. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Contractors that apply or bid for an award exceeding $100,000 must file ther required certification. Each tier certifiest tot the tiera abovet thatitv will 2CFR: 200 not andl has not used Federal appropriated funds top pay any person or organization fori influencing or APPENDIXII(D) RFP/IFB attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee ofa a member of Congress in connection with obtaining any 24CFR$570.303 Federal contract, grant or any other award coveredb by.31 U.S.C.1 1352. Each tier must also disclose: any lobbyingv with non- -Federal fundst that takes placei inc connectiony with obtaining: anyl Federal award. Such >$100,000 Contractor Contractor RFQ Subrecipients and disclosures aref forwardedi fromt tier tot tier upt to ther non-Federal: award. 2CFR200 APPENDIXII@) Contractor Contractor RFP/IFB RFQ Subrecipients Contractor RFP/IFB Contractor RFQ Subrecipients Contractor Contractor RFQ Subrecipients See: 2CFR $200.323- Procurement of Recovered Materials. 2CFR200. (K) 2CFR: 200 APPENDIXI II(L) RFP/IFB See 2 CFR $200.216 Prohibition on certain telecommunications. and video surveillance services or APPENDIXII equipment See: 2CFR $200.322 Domestic Preferences for Procurements. An! NFE(non-Federall Entity)t thati isastatea agency ora ana agencys ofaj political subdivision ofas state, and the NFE's contractors must comply with Section 6002 oft the Solid Wastel Disposal Act. Applicable NFES musti includeac contract provision requiring compliance withi thisr requirement. Thisi includes contracts awarded bya as state agency or political subdivision ofas statea andi its contractors for certaini items, as designated! byt thel EPA, withap purchase price greatert than $10,000. Indian Tribal Governments: andr nonprofit organizations: arer notr required toc comply witht this provision. >$10,000 Contractor RFP/IFB Contractor RFQ Subrecipients Additional requirements arel listed! below. 2CFR200.323 Thel Federal awarding agency must establish conflict ofi interest policies for Federal awards. Ther non- Federale entity must disclosei inv writing: any potential conflict ofi interest tot the Federal awarding: agency 2CFR200.112 orp pass-through entityi ina accordance with applicable Federala awarding agency policy. Contractor RFP/IFB Contractor RFQ Subrecipients None The Federal awarding agency and the non- Federal entity should, whenever practicable, collect, transmit, and store Federal award- relatedi information inc open and machine- readable formats rather thani inc closed formats or onp paperi ina accordance with applicable legislative requirements. A machine- readable format is a format in as standard computer language (not English text) that can be read automatically by a web browser or computer system. The Federal awarding. agency or pass- through entity must always provide or accept paper versions ofF Federal award-r relatedi informationt toa andf from pass-through entityr must not requirer moret than and original andt twocopies. When original records are electronic and cannot be altered, therei is no need to create and retain paper copies. When original records are paper, electronicy versions mayb bes substituted throught the use of duplication or otherf forms of electronic media provided that they are subject to periodic quality control reviews, provide Contracting withl HUB, smalla andr minorityl businesses, women'sbusiness enterprises, andlaborsurplus (a) Thei non-Federale entity must takea all necessary affirmative: stepst toa assuret that minority businesses, women's business enterprises, and! labor surplus area firms are used when possible. (1) Placing qualified small and minority businesses and women's business enterprises on (2) Assuring thats small and: minority businesses, and women's business enterprises ares solicited (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business 2CFR200.321 (4) Establishing delivery schedules, where the requirement permits, which encourage participation bys small: andi minority businesses, and women's! business enterprises; (5) Usingt the services and assistance, asa appropriate, of such organizations: as the Small Business Administration and the Minority Business Development Agency of the Department of (6) Requiringt thep prime contractor, ifsubcontracts: aret tobel let, totaket the affirmative: steps listed Financial records, supporting documents, statistical records, and all other non-Federal entity records pertinent toal Federal award mustl be retained for aj period oft three years from the date of submission ofthef final expenditure report or, for Federal awards thata are renewed quarterlyor: annually, from the date of the submission oft the quarterly or annual financial report, respectively, as reported to the Federal: awarding agency or pass- throughentity int thec casec ofas subrecipient. Federal awardinga agencies and pass-through entities must noti impose any other recordr retention requirements upon non-Federal entities.. Allr records related to ARPA shalll be maintained for 5years per the ARPA terms, (a) Ifa any litigation, claim, or audit is started before the expiration oft the: 3-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. All records related to ARPA shall be maintained for 5 (b) When the non-Federal entity is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency fori indirect costs, or pass-through c) Records for real property and equipment acquired with Federal funds must ber retained for three years after final disposition. All records related to ARPA shall ber maintained for 5! years per the (d) When records aret transferred toc or maintained by the Federal awarding agency or pass-through entity, the 3-year retention requirement is not applicable to the non-Federal entity All records related to ARPA shall be maintained for 5 years per the ARPA terms and conditions and regulations. All records relatedto ARPAS shalll ber maintained for 51 years per the ARPA (e) Recordst forp programi incomet transactions: aftert thep periodofp performance. Ins some cases, recipients must report program income after the periodo ofp performance. Wheret there is such arequirement, ther retention period for the records pertaining tot the earning oft the program income starts from thee end oft ther non-Federal entity's fiscal yeari inv which thep programi incomei is earned. () Indirect costr ratej proposals and costa allocations plans.1 Thisp paragraph appliest tot thef following types of documents and their supporting records: Indirect cost rate computations or proposals, cost allocation plans, and anys similara accounting computations oft the rate at which aj particular group ofcostsi isc chargeable (sucha as computer usage chargeback rateso orc composite fringe! benefit rates). (1) If submitted for negotiation. If the proposal, plan, or other computation is required to be submitted to the Federal Government (or to the pass-through entity) to form the basis for negotiation oft the rate, then the: 3-year retention periodf fori itss supporting records starts from the date of suchs submission.. All records relatedto ARPA shalll be maintainedi fors 51 years per None Contractor Contractor RFQ Subrecipients ther non-Federal entity upon request. Ifp paper copies are submitted, the Federal awarding agency or 2CFR: 200.336 RFP/IFB reasonables safeguards against alteration, andr remain readable. None area firms. (b) Affirmative: stepsi must include: solicitationl lists; whenever they arep potential sources; enterprises; Commerce; and Contractor RFP/IFB Contractor RFQ Subrecipients inp paragraphs (b)()through (5) oft this section. conditions, and regulations. The only exceptions are thef following: years per the ARPA terms, conditions and regulations. entityt toe extend the: retention period. ARPA terms and conditions andi regulations. terms, conditions, and regulations. Contractor RFP/IFB RFQ Subrecipients Vendors None 2CFR200.334 Contractor the ARPA terms, conditions, and regulations. (2) Ifnots submitted for negotiation. Ifthe proposal, plan, or other computation is notr required tob bes submitted tot thel Federal Government (ortot the pass-through entity)f for negotiation purposes, then the: 3-year retention period for the proposal, plan, or computation: andi itss supporting: records starts from thee end oft thet fiscaly year (or other accounting period) covered by the proposal, plan, or other computation. All records related to ARPA shalll bei maintained for5 5years per the ARPAterms, conditions,and regulations. CONTRACTS WITH COMPANIES ENGAGED IN BUSINESS WITH IRAN, SUDAN, OR FOREIGN TERRORIST ORGANIZATION PROHIBITED. A governmental entity may not enter into a governmental contract with a company that is identified on a list prepared and maintained under Government Section 806.051, 807.051, or 2252.153.Thet term" foreign terrorist organization" int this paragraph has Codez 2252.152 thet meaning assigned tos sucha at termi ins Section: 2252.151(2) of the" Texas Government Code. Contractor RFP/IFB Contractor RFQ Subrecipients None Texas PROVISION REQUIRED! IN CONTRACT. (a) Thiss sectiona applies only toa ac contract that: governmental entity. (1) does not! boycott Israel; and >$100,000 (1) isb between as governmental entitya anda a company with 100 or more full- time employees; and (2) has a value of $100,000 or more that is tol be paid wholly or partly from public funds of the Ag governmental entity may note enter into a contract with a company for goods or services unlesst the Contractor RFP/IFB Contractor RFQ Subrecipients Vendors Texas Government Code: 2271 contracto contains a written verification from thec company thati it: (2) will not boycott! Israel duringt thet term oft the contract. Mandatory standards and policies relatingt to energy efficiency whicha arec containedi int thes state energy conservation plani issuedi inc compliance with the Energy Policy and Conservation. Act. Contractor RFP/IFB Subrecipients 42U.S.C.6201 Thel Firm agreest that no otherwisequalifiedi individual with disabilities shall, solelyb by reason ofhis/her disability, be denied the benefits of, or be subjected to discrimination, including discrimination in Section 5040 of employment, under any program ora activity receiving federalf financial assistance. the Rehabilitation Subrecipients Act of1973,as amended. Use ofE Funds. ARPATerms, a. Recipient understands and agrees that the funds disbursed under this award may only be used in Section 99010 of b. Recipient will determine prior to engaging in any project using this assistance that it has the Pub. LNo. 117-2; institutional, managerial, and financial capability to ensure proper planning, management, and Section 602(b), Subrecipients Conditions, &1 Records compliance with section 603(c) of the Social Security Act (the Act), Treasury's regulations the American implementing thats section, andg guidancei issued! by Treasury regarding thef toregoing. Rescue Plan Act, 603(b) and/or 603(c)as applicable completion ofs such project. Period of Performance." The period of performance for this award begins ont thec datel hereofa ande ends Section 9901 of on December: 31, 2026. Ass setf forthi in' Treasury's implementing regulations, Recipients may use award the American Subrecipients ARPATerms, Conditions, &1 Records funds to cover eligible costs incurred during the period that begins on March 3, 2021 and ends on Rescuel Plan Act, December; 31, 2024. Pub.I LI No. 117-2; Section 602(b), 603(b)a and/or 603( (c)as applicable Section 9901 of the American Subrecipients Rescue Plan Act, Section 602(b), 603(b)a and/or 603 ()as applicable ARPATerms, Conditions, &F Records Reporting.. Recipient agreest to comply with any reporting obligations established by Treasury as they Pub. L.No.1 117-2; relatet tot this award. Maintenance ofa and Access to Records regarding thef foregoing. to conduct audits or otheri investigations. orr returned tol Treasury, whicheveri is) later. ARPATerms, Recipient shall maintain recordsa and! financial documents sufficient toe evidence compliance with section Conditions, &1 Records 603(c) oft the Act, Treasury's regulations implementing that section, and guidance issued by Treasury Section 9901 of the American Contractor Section 602(b), 603 (C)as Subrecipients Vendors applicable Sectiong 99010 of Rescue Plan Act, Pub. LI No. 117-2; Section 602(b), 603(b) and/or 603(c)as applicable Section 9901 of Rescue Plan Act, Pub. L No. 117-2; Section 602(b), 603(b) and/or 603 (c)as applicable Section 99010 of the American Subrecipients Rescue Plan Act, Pub. L.N No. 117-2; Section 602(b), 603(b)a and/or 603 (c)as applicable Section 9901 of Contractor The Treasury Officed of Inspector General: and the Government Accountability Office, ort theira authorized Rescue Plan Act, RFP/IFB representatives, shalll havet thei right ofa access torecords (electronic: ando otherwise) ofR Recipient in order Pub. L. No. 117-2; Contractor Recordss shall! ber maintainedby! Recipient fora aperiod offive( (5) years after allf fundsl havel been expended 603(b) and/or RFQ ARPATerms, Conditions, & Records this award. Pre-award Costs. Pre-awardcosts, as definedin2 2CFR5200-458, may not ber paidv with fundingf from the American Subrecipients ARPATerms, Conditions, & Records indirect costs. Administrative Costs. Recipients may use funds provided under this award toc cover both direct and the American Subrecipients ARPAT Terms, Conditions, & Records Cost Sharing. Costs sharing orr matching funds arer notr requiredt tob be provided! by thel Recipient. Conflicts ofI Interest. $200.112. ARPATerms, Recipient understands anda agreesitr mustr maintaina a conflict ofi interest policy consistent withz C.F.R. the American Contractor RFP/IFB award. Recipients ands subrecipients musto disclosei inv writing tot the Treasury ort thep pass-through entity, Section 602(b), Subrecipients asa appropriate, any potential conflict ofinteresta affectingt thea awardedf fundsi ina accordances with2 CF.R 603(b) and/or Conditions, &F Records $200.318(c): and that such conflict ofi interest policyi is applicable to each activity funded under this Pub. Rescuel L. No. Plan 117-2; Act, RFQ Vendors 603(c)as appliçable Compliance with Applicable Law and Regulations. Recipient agrees to comply with the requirements of section 603 oft the Act, regulations adopted by Section 9901 of Treasury pursuant to section 603() of the Act, and guidance. issued by Treasury regarding the the Ameriçan Contractor foregoing. Recipient also agrees toc comply with all other applicable federal statutes, regulations, and Rescue Plan Act, RFP/IFB executive orders, and Recipient shall providef fors such compliancel by other partiesi ina any agreements Pub. L.I No. 117-2; Contractor b. Federal regulations applicable tot this award include, without limitation, thef following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal 603 (c)as Awards,2C.F.R. Part: 200, other thans such provisions asTreasury: mayo determine, arei inapplicable tot this Awarda ands subject tos suche exceptions asn may bec otherwise provided by7 Treasury. SubpartF ARPA1 Terms, Conditions, &E Records itentersi into with other parties relatingt tothisa award. Section 602(b), 603(b)a and/or Subrecipients applicable RFQ Vendors Audit Requirements oft thel Uniform Guidance, implementing thes Single Audit Act, shall applyt to ii. Universal Identifier ands Systemf for Award Management (SAM),2C.F.R. Part: 25. pursuant tov which thea awardt term setf forthi inA AppendixAt to2C.F.R. Part 25i is! herebyi incorporated byr reference. ii. Reporting Subaward: and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170i is hereby incorporated by iv.OMB Guidelines to Agencies on Governmentwide Debarment: and Suspension (Non-procurement), 2C.F.R. Parti 180, including ther requirement toi includeaterm or conditioni ina alll lower tierc covered transactions (contracts ands subcontracts described in2 2C.F.R. Part 180, subpart B)thatt thea award issubject to2 C.F.R. Part 180 and1 Treasury's implementing regulation at3 31 C.F.R. Part 19. Recipient! Integritya and Performance! Matters, pursuant tow which thea awardt terms setf forthi in2 C.F.R. Part 200, Appendix XII to Part 200 ish herebyi incorporated! by reference. vi. Governmentwidel Requirements for Drug- Free Workplace, 31 C.F.R. Part: 20. (Subrecipient Only) vii. New Restrictions on Lobbying, 31 C.F.R. Partz 21. viii. Uniform Relocation Assistance and Real Property Acquisitions. Act of 1970 (42 U.S.C. SS 4601- 4655) andi implementing regulations. ix. Generally applicable federale environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, thef following: Title) VI oft the Civil Rights Act ofi 1964 (42 U.S.C. S5: 2000d ets seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national originu under programs or activities receiving federalf financial assistance; The Fair Housing Act, Title VIII oft the Civil Rights Act ofi 1968 (42 U.S.C. 55 3601 ets seq,), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. $ 794), which prohibits discrimination ont thel basis ofd disability under any program ora activity receiving federal financial V. The Age Discrimination Act of 1975, as amended (42 U.S.C. SS 6101 et seq.), and Treasury's implementing regulations at; 31 C.F.R. Part: 23, which prohibit discrimination ont thel basis ofa age Titlelloft theA Americans with Disabilities. Act of1 1990, asa amended(42 U.S.C. S51 121016 etseq.), which prohibits discrimination ont theb basis of disability under programs, activities, ands services provided orr made available bys state andl localg governments ori instrumentalities: ora agencies thereto. thisa award. reference. familial status, or disability; assistance; inp programs or activities receiving federalf financial assistance; and Remedial Actions. In the event of Recipient's noncompliance with section 603 of the Act, other Section 99010 of applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program the American Subrecipients future award funds, ifany, ort take other availabler remedies ass set forth in2 C.F.R.2 200.339. Int the Pub. L. No. 117-2; case ofav violation ofs section 603(c) oft the Act regarding the use of funds, previous payments shalll be Section 602(b), ARPATerms, Conditions, &1 Records requirements, Treasury may impose additional conditions on the receipt ofa subsequent tranche of Rescue Plan Act, subject tor recoupment as providedi ins section 603(e)d oftheA Act. 603(b) and/or 603 (c)as applicable Section 9901 of the American Subrecipients 603(b) and/or 603(c)as applicable Section 99010f Contractor the American 603 (C)as applicable Section 9901 of the Ameriçan Section 603(b)a and/or 602(b), 603(c)as applicable ARPATerms, Conditions, &E Records Hatch Act. Recipient agrees to comply, as applicable, with requirements oft thel Hatch Act (5 U.S.C.S5 Rescue Plan Act, 1501-1508 and 7324-7328), which limit certain political activities of State or local government Pub. L.N No. 117-2; employees whose principal employment isi in connection with an: activity financedi in whole ori inp part Section 602(b), byt this federal assistance. ARPATerms, RFP/IFB RFQ Conditions, &1 Records False Statements. Recipient understands thatr making falses statements or claimsi inc connections witht this Rescuel Plan Act, Contractor award is a violation of federal law and may result in criminal, civil, or administrative sanctions, Pub. Section L.I No. 117-2; including fines, imprisonment, civil damages and penalties, debarment from participating in federal 603(b)a 602(b), and/or Subrecipients Vendors awards or contracts, and/or any other remedy availableb by law. ARPATerms, Conditions, &1 Records Publications. Any publications produced with funds from this award must display the following Rescue Plan Act, Subrecipients language: "This project [isb beingl[was)s supported, inv wholeori inp part, by federala awardn number [enter Pub.L.N No. 117-2; project FAIN] awardedt to[ [name ofF Recipient)by the U.S. Department ofthe7 Treasury." Debts Owed thel Federal Government. Section 99010 of 603(b)a and/or ARPAT Terms, Conditions, &1 Records a.A Anyf funds paidt to Recipient (1) ine excess oft the: amount tov which Recipient is finally determined to the American Subrecipients bea authorizedtoretainu under thet terms ofthisa award;(2)that: arec determined! by the7 Treasury Office Rescue Plan Act, ofI Inspector Generalt tol have! been misused; or (3) that ared determined! by Treasury tob bes subjectt to Pub. L.N No. 117-2; arepayment obligation pursuantt tos section 603(e)oft the Acta andk haver notb been repaidi by Recipient Section 602(b), b.A Any debts determined tol be owed the federal government must be paid promptly by Recipient. A 603 (c)as debti is delinquent ifit! has not! been paidk byt the date specifiedi in7 Treasury'sinitial written demand applicable forp payment, unless other satisfactory: arrangements) havel been made ori ifthe Recipient) knowingly ori improperly! retains funds that area a debt as defined inp paragraph 14(a). Treasury will take any shall constitutea debt tot thei federal government. actions availabletoi itt to collect such ac debt. Disclaimer. Section 9901 of the American 603 (c)as ARPATerms, Conditions, & Records a. The United States expressly disclaims any and all responsibility orl liabilityt to Recipient ort third Rescue Plan Act, persons for the actions of Recipient or third persons resulting in death, bodily injury, property Pub. L.N No. 117-2; Subrecipients damages, or any otherl losses resulting ina any way from thep performance oft this awardo or any other Section 602(b), losses resulting in any way from the performance of this award or any contract, or subcontract 603(b)a and/or b. The acceptance of this award by Recipient does not in any way establish an agency relationship applicable undert this award. between the United States andl Recipient. Protections for Whistleblowers. a. Inaccordance with 41 U.S.C. $4712, Recipient may not discharge, demote, or otherwise discriminate: against ane employeei inr reprisalf for disclosingt to any ofthel list ofp persons ore entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating toal federal contract or grant,a as substantial ands specific danger top publich health ors safety, or a violation of! law, rule, or regulation related to a federal contract (including the b. Thel list ofp persons ande entities referenced int thep paragraph abovei includes thet following: Sectiong 9901 of competition for or negotiation ofa contract) or grant. ii. Anl Inspector General; ii. The Government. Accountability Office; vi. Ac courto org grandj jury; or Ar member of Congress orar representative ofac committee of Congress; iv. ATreasury employee responsible for contract org grant oversight or management; hast ther responsibility toi investigate, discover, ora address misconduct. C. Recipient shall inform its employees in writing of the rights and remedies provided under this the American Contractor Rescue Plan Act, RFP/IFB Pub. L.I No. 117-2; Contractor Section 602(b), 603 (c)as ARPATerms, Conditions, &1 Records RFQ Vendors V. Ana authorized official oft thel Department ofJ Justiced or other lawe enforcement: agency; 603(b) and/or Subrecipients vii.Ar management official ord othere employee ofR Recipient, contractor, orsubcontractorwho applicable section, int thep predominant native language oft the workforce. Sectiong 99010 of 602(b), 603(b)a and/or Subrecipients 603 (C)as applicable Increasing Seat Belt Usei int the United States. Pursuant to Executive Order 13043. 62 FR 19217 (Apr. Rescue the American Plan Act, Contractor RFP/IFB 18, 1997), Recipient shoulde encouragei its contractors to adopt ande enforce on-the-job: seat belt policies Pub. L. No. ARPAT Terms, Contractor RFQ Vendors RFP/IFB RFQ Vendors Conditions, & Records and programs for their employees when operating company-owned, rented or personally owned Section 117-2; vehicles. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, Section 99010 of Contractor 2009), Recipient should encourage itse employees, subrecipients, and contractors to adopta and enforce the American ARPATerms, Conditions, &1 Records policies thatb bant textr messaging while driving, and Recipient shoulde establish workplaces safety policies Rescue Plan Act, Contractor tod decrease accidents caused by distracted drivers Pub. LI No. 117-2; Section 602(b), Subrecipients 603(b) and/or 603 (c)as applicable EXHIBIT C-I Insert Certificate ofInsurance (Supplied by Proposal Responder/Bidder ie. Vendor) EXHIBIT D - Insert System for Award Management (SAM) Record Search for Company Name and Company Principal(s) OR Provide Certification Form Below (Actual SAMsrecenlneghatration must be provided prior to award) (Supplied by Proposal Respondetr/Bidderie Vendor;) FEDERAL DEBARMENT/SUSPENSION STATUS CERTIFICATION COMPANY/ENTITY NAME: CONTACT NAME: CONTACT EMAIL & PHONE: Applicable Regulations: As stated in the ARPA/S SLFRF Terms & Conditions: "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension Non-procurement), 2 C.F.R. Part: 180, including the requirement: to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2C.F.R. Part. 180, subpart B) that the award is subject to2 Also, Federal Executive Order (E.0.)12549: "Debarment" requires that contractors, beneficiaries or subrecipient organizations andi their principals - who are receiving awards, using federal funds, are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with thel Federal Government. By signing this document you certify that your organization and its principals are not debarred. Failure to comply or attempts to edit this language may disqualify you from receiving or retaining funds. Be advised that we may pursue available remedies per 2CFR1 180.360 as an ARPA Recipient entity: "fa Federal agency later determines that youj failed to tell the [awarding agency) that you were excluded or disqualified at the time you entered into the covered transaction with that personl/awarding agency), the agency may pursue any available remedies, C.F.R. Part. 180 and Treasury's implementing regulation at. 31 C.F.R. Part. 19." Information on debarment is available at thet following website:y www.sam.gov including suspension and debarment." (Initia!) Certification & Signature funded awards. We hereby certify that we are not excluded, disqualified or debarred from receiving federally- We hereby confirm that ift that status should change within the course of this agreement, we will provide notification immediately. Failure to do so may result in the termination of this agreement and/or the repayment of funds. Your signature certifies that neither you nor your principal(s) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excludedj from participation in this transaction. by any federal department or agency. Signature Date: Printed Name & Title: EXHIBIT E- Conflict ofl Interest Questionnaire-Form CIQ CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg. Regular Session Ths questionnaire is beingt filedi ins acoordance wth Chapter 176. Local Govemment Code, by a vendory who Dato Recorved has al business relationship as defined by Section 176.001(1-a) with a local govemmental entry and the By law this questionnaire musth bef fledwitht the records administrator olt thel local governmental entty not! later than the 7th business day ater thec date the vendor becomes aware of! tacts that require the statement tobe Avendor commts and ofiensei i the vendor knowingly violates Section 176.0 006, Local Governmont Code. An 1 Name ofvendor whol has ab business relationshipt with localg govommental ontity. FORM CIQ OFFICEUSEONLY vendor meets requrements under: Section 176.006(a). filed, See Soction 176.005(a-1). Local Government Code. olienso under ths soctioni is ar misdemeenor, Check this! boxi ifyour aref filing and updaset toap previously filed questionnaire. (Thelawr requires thaty youfleanupdated completed questionnaire with the appropriate fling authonty notl later than the 7th business day after the date onv which you became aware that the originally filed questionnaire was incomplete ori inaccurate.) 3 Namo ofk local govornment officera aboutwhom the information is being disclosed. Name of Olficer Doscribe oach omployment or other businoss rolationshipi with tho local government officer, ora a family mombor oft the officer, as described by Section 176.003(aX2)A). Also describe any family rlationship with the local government officer. Complos subparts Aand Bi foreache yAaNRaNp described. Artach additional pagestothis Form CIQ asr necessary. A Is the local government officer or a family member of the officer recemng or kkely to receve taxablei incomo. other than investment income, from the vendor? Yes No B. ist thevendor recenving orl likely tor receivet taxablo income. other thani investment income. from or att the direction oft thel local govemment officer or al lamiy member of the officer ANDI thet taxablei income is nol reçeived from the local govemmental entiy? Yes No Describooach omployment or business olationship that thevendor namodi in Soction1 1 maintains with a corporation or other businoss ontity with rospoct to which the local government officer sorves as and officer or director, or holds an ownership intorost of ono porcont or moro. 6J 7 Check this box d thev vendor has given thei local government officer or at family member oft the officer one or more gifts as descnbed in Section 176 003(a)(2/(B). excluding gifts described in Section 176.003(a-1). Signaturo of vendor doing business waht the govemmental enty Date Form provided by Texas Ethics Commission www. ethics. state. tx.us Revised 1/1/2021 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Ac complete copy of Chapter 176 oftheLocal Government Coder may! be! found ath pR. DoylGhimlG176hm. Fore oasy reference. below ares some oft the sections cited on this form. Local Government Code 6176.001(1-a): Business relationship" means a connection betweent two orr morep parties based on commercial activity ofc one oft thep parties. Thet term does noti include a connection based on: (A) atransaction thati iss subjectt tor rate ori feer regulationb by af federal, state,o orlocaig governmentalentivy ora an agency ofal foderal, state, or localg govemmental entity; (B) atransaction çonducted: at ap price and subject tot torms available to the public: or (C) apurchase orl lease ofg goods or services fromag persont thatis charteredby: a state orf federal agency and thatis subject to regular examination by, and reporting to, that agency. (a) Alocal govemment offiçer shallf file a conflicts disclosure statement with respect toa avendori i: Local Government Code $176003012XAJandl (B): (2) thevendor: (A) has and employment or other businessrohatonshpwih thel local govemment officerora family member of the officer that resuits in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period () acontracth betweent thelocalgovermental. entity andy vendor has beon executed: () the local governmental entity is considering entering into a contract with the (B) hasg ohontotiakalponammants officer oraf family member oft the officer one orr more gifts that! have ana aggregatevalued ofmoret than$100 int tho 12-month periodp precedingt the datet the () acontract between the local governmental entity and vendor! has beon executed: or (i) thel local governmental ontity is considering enteringi into ac contractwith the vendor. precedingt the date thatt the officert becomes awarethat or vendor: officeri becomes awaret that: Local Government Code $1 176.006(a) and(a-1) with ak localg govemmental entity and: (a) Avendor shall file a completed conflict oli interest quesionnareifhevendo: has abusinessrelationshp (1) has an employment or other business relationship with al local govemment officer of that local govemmental entity, ora ai family member oft the officer, describedby Section 176.003(a2)A): (2) has givon al local government officer oft thatl local governmental entity. or at family member oft the officer, one or more giftswith the aggregatevalues specifiedby Section 176.003(a)12)B), excluding any (3) has a family relationship with al local goverment officer oft thatl local governmental entity. (a-1) The completod conflict ofi interest questionnairo musth bet filedv with thea appropriatorocords. administrator gift described! by Section1 176.003la-1):or notlater thant thes seventhl business day after thel later of: (1) the date thatt the vendor: entity:or govemmental entity:or (2) the date they vendor becomes aware: (A) begins discussions or negotiations to entori into a contract with the local governmental (B) submits tot thelocal govemmontal entity an: application. response toa request for proposals orb bids. correspondence. or another wnting related to a potontial contract with the local (A) of an employment or other business relationship with al local government officer, ora family member oft the officer, describedby Subsection (a); (B) thatt they vendork has given one orr more gifts describedby Subsection(a):or (C) ofafamily anap-thatapsemant officer. Form; providedt by Texas Ethics Commission www. ethics. state.t tk.us Revised 1/1/2021 EXHIBIT F- Certification Regarding Lobbying (To be submitted with each bid or offer exceeding $100,000) The undersigned certifies, to the best of his or her knowledge and belief, that: (a) 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 al 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 (b) 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 contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form (c) The undersigned shall require that the language paragraph 1 and 2 of this anti-lobbying 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 contract, grant, loan, or cooperative agreement. toF Report Lobbying," in accordance with its instructions. imposed by 31, U.S.C. $ 1352 (as amended by the Lobbying Disclosure Act of 1995). 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. $3801 et seq., apply to this certification and disclosure, ifany. Signature of Contractor's Authorized Official Printed Name and Title of Contractor's Authorized Official Date EXHIBITG-I Disclosure ofLobbying Activities Instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding thel burden estimate or any other aspect of this collection ofi information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503 Approved by OMB 0348-0046 Disclosure of Lobbying Activities (See reverse for public burden disclosure) Status of Federal Action: a.bidlofer'apication b.initial award C. post-award Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 Type of Federal Action: a. contract b.grant C. cooperative agreement d. loan e. loan guarantee floan insurance Prime Report Type: change a. initial filing b.r material Name and Address of Reporting Entity: IfR Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known: 7. Federal Program Name/Description: CFDA Number, ifapplicable: Sub awardee Tier_ IfKnown: Congressional District, if known: Federal DepartmentAgency: Federal Action Number, if known: 9. - Award Amount, if known: $ 10. a. Name and Address of Lobbying Registrant (ifi individual, last name, first name, MI): b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, MI): 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 Title: U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject Telephone No.: toa civil penalty of not less than $10,000 and not more than Signature: Print Name: Date: $100,000 for each such failure. Federal Use Only Authorized for Local Reproduction Standard Form LLL (Rev. 7-97) EXHIBITI H-Certificate ofInterested Parties (To be Completed by Awarded Vendor) CERTIFICATE OF INTERESTED PARTIES Complete Nos. 1- 4 and 6if there are interested parties. Complete Nos. 1,2,3, 5, and 61 it there are no interested parties. Name of business entity filing form, and the city, state and country oft the business Name otgovernmentale entity or: state agency thati is a party to the contracti for FORM 1295 OFFICEUBEONLY entity's place ofb business. which the form is being filed. - s Provide thei identification number used by the governmental entity or state agency to Bprdentiye thec contract, and provide a0 description ofthes services, goods, or other property to be provided Cucontraet City, State, Country (place oft Interest (check applicable) Intermediary Name of! Interested Party Coneroting 7 Checko only My My Execurdin. A andr my dae dbirhis (city) day ot. (street) thatt thet foregongis tue and correct. County. Suave ot. (state) (zip code) (country) on 20 (month) (year) (Dedaran) NN Signarure of authorized sgent of oontracung busness entty ADD ADDITIONAL PAGES. AS NECESSARY Formp provided by7 Texas Ehics Commission wwwe ethics. state.t.us Revised 12/22/2017 EXHIBITI- Other Locally Required Forms (Insert any other locally required forms)