RFQ # REQUEST FOR QUALIFICATIONS FOR REAL ESTATE BROKER SERVICES SERVICES

Transcription

1 RFQ # REQUEST FOR QUALIFICATIONS FOR REAL ESTATE BROKER SERVICES SERVICES DeSoto ISD By: David Scott, Director of Purchasing DeSoto Independent School District 200 West Parkerville Road DeSoto, Texas Page 1 of 22

2 You may hand deliver the RFQ response to the Purchasing Office at the following address: DeSoto ISD Purchasing Department 200 West Parkerville Rd. DeSoto ISD Service Center DeSoto, Texas or have it delivered by a courier type service, such as FedEx or UPS, etc., with a recipient s signature and documented time of delivery. Proposals submitted via the U. S. Postal Service are to be mailed to: DeSoto ISD Purchasing Department 200 West Parkerville Rd. DeSoto ISD Service Center DeSoto, Texas NOTE: Delivery of Proposal envelope to other Departments within the DeSoto Independent School District is not considered as delivery to the Purchasing Department. You may mail the response in time, but it may not be received in the Purchasing Office in a timely fashion, and therefore will be rejected. SUBMIT RESPONSE NO LATER THAN 2:00 P.M. LOCAL TIME ON NOVEMBER 14, Qualification statements are to include the information requested in the Questionnaire below in the sequence and format prescribed. In addition to and separate from the requested information, organizations submitting may provide supplementary materials further describing their capabilities, experience and qualifications. Fees or prices should not be included in the Response to the Request for Qualifications. If fees or prices are included in the Response, the Response will be considered as nonresponsive. Mr. David Scott, Director of Purchasing DeSoto Independent School District 200 West Parkerville Road DeSoto, Texas All Required forms must be submitted. Page 2 of 22

3 1. RFQ SCHEDULE Issuance of RFQ September 25, 2017 Deadline for Questions October 24, 2017 District Responses to Questions Issued October 31, 2017 Proposal Due Dates November 14, 2017 by 2:00pm CST NOTE: THE DATES SHOWN ABOVE ARE APPROXIMATE, ARE NOT BINDING AND MAY BE SUBJECT TO CHANGE. 2. Submit one original and three (3) copies of the qualification statements. Also include one (1) electronic copy. After opening and evaluation of responses, the District will select a firm or firms(s) for additional information, including proposed fees and prices for fulfilling the general conditions. 3. All costs incurred in the preparation and submission of the RFQ response shall be borne solely by the offeror. Where firms may be required to perform a presentation, give demonstrations, and provide samples and/or technical literature, all costs shall be borne by the offeror. 4. Interviews may be conducted with the short-listed firms prior to final selection. The interview will be considered as a part of the Step 2 evaluation process. 5. Upon conclusion of the interviews and submission of the Step 2 Proposals, the firms will be evaluated and ranked in accordance with the criteria contained in the RFQ, and determined to provide the best value for the District. 6. Questions, requests for clarification, additional information, omissions, or corrections should be addressed in writing to: The Purchasing Department by October 24, 2017, 4:00P.M. You may this information to dscott@desotoisd.org. 7. DeSoto ISD is a public entity subject to the provisions of the Texas Public Information Act (Texas Government Code Chapter 552). Responses to this Solicitation may be subject to release as public information unless the response or specific parts of the response are exempted from public disclosure under such Act. Brokers should consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other confidential or proprietary information before responding to this invitation. The District assumes no liability or responsibility for release of any information not properly identified and documented in accordance with the enclosed Confidential Information Declaration & Copyright Authorization Form - See Required Forms. The District assumes no liability or responsibility for release of any information that the Texas Attorney General or a court of law determines to be subject to release. 8. The successful company will be required to furnish copies of Professional Licenses and Certifications, Professional & General Liability (E&O) and Workers Compensation Insurance Certificates. Page 3 of 22

4 9. PROPOSAL PRESENTATION An authorized representative of the respondent shall sign proposals. Failure to submit all information requested may result in the DeSoto Independent School District Purchasing Department requiring prompt submission of missing information and/or giving a lower evaluation of the proposal. The Purchasing office may reject proposals that are substantially incomplete or lack key information. 10. ORAL PRESENTATION/INTERVIEWS Firms submitting a proposal in response to this RFQ may be required to give an oral presentation of their proposal in an interview session with district representatives. Interviews are at the option of the district and may or may not be conducted. Page 4 of 22

5 DeSoto ISD Terms and Conditions In submitting a Response, Broker understands and agrees to be bound by the following terms and conditions which shall be incorporated into any future contracts, agreements, or purchase orders relating to this RFQ between the firm and the District. Exceptions and additions to the Standard Terms and Conditions must be submitted with the proposal response, including a full explanation on the Deviation/Compliance Form (See Required Forms), or as a separate attachment in the Response. Assignment The successful Broker may not assign its rights and duties under an award without the written consent of the District. Such consent shall not relieve the assignor of liability in the event of default by its assignee. Indemnification The DeSoto ISD is a Texas Political Subdivision and a local governmental entity; therefore, is prohibited from indemnifying third parties pursuant to the Texas Constitution (Article 3, Section 52) except as specifically provided by law or as ordered by a court of competent jurisdiction. Governing Laws and Venue This Agreement and all of the rights and obligations of the parties hereto and all of the terms and conditions hereof shall be construed, interpreted and applied in accordance with and governed by and enforced under the laws of the State of Texas, and the parties hereto agree that venue shall be in Dallas County, Texas.. Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Dallas County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Termination DeSoto ISD shall have the right to terminate for default all or part of a resulting contract if the firm breaches any of the terms hereof or if the firm becomes insolvent or files any petition in bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which DeSoto ISD may have in law or equity, specifically including, but not limited to, the right to collect for damages or demand specific performance. DeSoto ISD has the right to terminate a resulting contract for convenience, without penalty, for nonappropriation or non-availability of funds by delivery to the offeror of a Notice of Termination specifying the extent to which performance hereunder is terminated and the date upon which such termination becomes effective. DeSoto ISD may terminate a resulting contract and debar the firm from future bidding for violations of the federal requirements including, but not limited to, Contract Work Hours and Safety Standards Act, Equal Employment Opportunity Act, and Energy Policy and Conservation Act. Page 5 of 22

6 Funding Out Clause Pursuant to Texas Local Government Code Sec , any Proposal/Offer accepted by DeSoto ISD and all contracts to be approved are subject to the budgeting and appropriation of then currently available funds. See statute for specifics or consult your legal counsel. Ownership and Use of Documents All documents and materials particular to the Work prepared by Broker ("Work Material"), are the property of the District and for its exclusive use and re-use at any time without further compensation and without any restrictions. Except for such Work Material which is intended to be made public as part of the Project, Broker shall treat all such Work Material as confidential, and Broker shall neither use any such Work Material or copies thereof on other work nor disclose such material or information to any other party without District's prior written approval. Conflict of Interest No employee of District shall have any personal interest, direct or indirect, in this Agreement nor shall any such member, official or employee participate in any decision relating to this Agreement which affects his or her interest or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. Felony Conviction Notice: Broker shall certify compliance with Texas Education Code and Education Commissioner s rules regarding criminal history record review for all employees, applicants for employment, or agents of the Broker. Additionally, Broker must give advance notice to the District if the person or an 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. The District may terminate this Agreement if the District determines that the person or business entity failed to give notice as required by this paragraph or misrepresented the conduct resulting in the conviction. This paragraph requiring advance notice does not apply to a publicly held corporation. Page 6 of 22

7 SCOPE OF SERVICES The DeSoto Independent School District (DeSoto ISD) is soliciting proposals from experienced local real estate brokers/firms to provide Real Estate Broker Services in accordance with the instructions, specifications, terms and conditions, contained in this Solicitation. It is the intent of this RFQ to have the successful firm(s) enter into a Professional Services Contract with the District to provide real estate services as outlined herein. The district intends to retain one or more qualified, licensed, commercial real estate broker entities for general real estate services including marketing DeSoto ISD surplus properties and vacant properties as requested by the District. Following submission of qualification statements, evaluation and selection, and upon completion of a fully executed contract, Broker will begin marketing properties on a local as well as national basis. In accordance with applicable law, the school district sells real estate through a sealed-bid process. During the bid period, the school district will expect the property to continue to be marketed on a local as well as a national basis. The selected broker(s) will be expected to provide the services listed below in the Scope of Services section. CURRENT SURPLUS PROPERTY 1. Approximately 26 acres of undeveloped property Located in Glenn Heights, Texas 2. Approximately 15 acres of undeveloped property Located in DeSoto, Texas Throughout the term of the contract, the district may require the broker to bid and negotiate the sale of other district surplus properties. TERM OF CONTRACT The contract period for the successful broker/firm will be from date of award through March 31, The contract may be renewed for four (4) additional one-year terms upon satisfactory performance by the broker/firm(s) prior to January 1 of each renewal year. Any contract awarded between DeSoto ISD and the broker/firm(s) will consist of a Professional Services Contract, this RFQ, the submitted proposal, negotiations, and original certificates of insurance. Services will include consultation with District staff relating to real estate needs of the District. Presentations at executive sessions and public meetings may be required during the course of any resulting contract. Page 7 of 22

8 A. BROKER RESPONSIBILITIES The qualified, licensed, commercial real estate broker s scope of services will include, but not be limited to the following: a. Assist DeSoto ISD in development of marketing materials and brochures describing the sites that are for sale including physical characteristics and other pertinent information. b. Assist DeSoto ISD in preparation of the offerings and related documents. c. Develop and provide a data base of qualified and prospective purchasers of District properties. d. Market sites on a local and national basis, including direct contacts, advertising, and internet website marketing. e. Prepare periodic status reports indicating progress in marketing the properties. f. Meet with DeSoto ISD personnel on a periodic basis to review status reports on marketing efforts. g. Assist in the sealed bid opening process. h. Assist with negotiation of all aspects of the sales contract(s) and other requirements related to the sale(s) of District properties. i. Assist DeSoto ISD and its attorneys in coordinating efforts to achieve a timely and efficient documentation and closing of transactions. j. Assist as requested by DeSoto ISD with various other miscellaneous real estate activities such as assistance in locating future DeSoto ISD sites for lease or purchase, providing general real estate economic information and analysis on real estate issues of interest to DeSoto ISD, assist in negotiating for purchase or lease of properties by DeSoto ISD, and provide general expertise to DeSoto ISD on real estate related matters. Services will include consultation with District staff relating to real estate needs of the District. Presentations at executive sessions and public meetings may be required during the course of any resulting contract. The use of Real Estate Broker Services for the District will be coordinated through the Financial Services Department. The provider will be expected to work directly with representatives of various District departments (Tax Office, Business Office, Purchasing, Legal, Operations) when providing services. All services shall be administered in conformance with Federal and State Laws, and applicable DeSoto ISD policies and procedures. Page 8 of 22

9 B. BROKER'S QUALIFICATIONS Respondents to this RFQ shall have the following qualifications: Must be licensed and in good standing with the Texas Real Estate Commission. Must have an excellent reputation in the real estate community. Must be knowledgeable in the local real estate market and have a minimum of five (5) years experience with small and large commercial properties, and unimproved land acquisition. Knowledge of the DeSoto Independent School District area real estate is desired. Knowledge and experience in the acquisition and sale of school district owned property is desired. C. INSURANCE REQUIREMENTS: The successful company will be required to furnish copies of Professional Licenses and Certifications, Professional & General Liability (E&O) and Workers Compensation Insurance Certificates. D. An internal Evaluation Committee will evaluate all proposals received for completeness and the broker's/firm's ability to meet all specifications as outlined in this RFQ. E. SELECTION CRITERIA The Evaluation Committee will base their selection on the following criteria: Ability of the Broker(s) to meet or exceed the requirements defined in the RFQ including the range of services offered, Experience, qualifications and references, Local real estate market, and school district real estate knowledge, Local reputation, and Completeness of response to RFQ as outlined in this solicitation package (See Section M, RFQ Submittal Requirements ). F. RFQ SUBMITTAL REQUIREMENTS By submitting a proposal, you represent that you have (1) thoroughly examined and become familiar with the scope of services outlined in this RFQ and (2) are capable of performing quality work to achieve the District s objectives. Page 9 of 22

10 BROKER QUESTIONNAIRE Please provide the following information in the sequence and format prescribed by this questionnaire. Supplemental materials providing additional information may be attached, but the information requested below is to be provided in this format. This information is to be provided as a part of the Step 1 process. 1. Firm Information: Name of firm: Address of principal office: Phone: Fax: Address: Form of Business Organization (Corporation, Partnership, Individual, Joint Venture, Other?): Year founded: Primary individual to contact: 2. Organization: 2.1 How many years has your organization been in business in Real Estate Brokerage Services? 2.2 How many years has your organization been in business under its present name? Under what other or former names has your organization operated? 2.3 If your organization is a corporation, answer the following: Date of incorporation, State of Incorporation, President s name, Vice-President s name(s), Secretary s name, Treasurer s name. Is it a publicly held corporation? 2.4 If your organization is a partnership, answer the following: Date of organization, type of partnership (if applicable), names of general partner(s). 2.5 If your organization is individually owned, answer the following: Date of organization and Name of Owner. 2.6 If the form of your organization is other than those listed above, describe it and name the principals. 3. Licensing: 3.1 List jurisdictions in which your organization is legally qualified to do business and indicate registration or license numbers, if applicable. 3.2 List jurisdictions in which your organization s partnership or trade name is filed. 3.3 List Certification Agencies if you are a Certified Historically Underutilized Business 4. Experience: 4.1 List the categories of work that your organization normally performs with its own forces. Would you propose to do any work with your own forces or to assign or sub work to third parties? 4.2 List any partnerships in which your organization has some ownership and list the categories of work those partners normally perform. 4.3 Claims and suits. (If the answer to any of the questions below is yes, please attach details.) Has your organization ever failed to complete any work or contracted services awarded to it? Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? Has your organization filed any lawsuits or requested arbitration or mediation with regard to Real Estate Brokerage Services contracts within the last five years? Page 10 of 22

11 4.4 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a Real Estate Brokerage Services contract? (If the answer is yes, please attach details.) 4.5 Current work: List the major Real Estate Brokerage Services projects your organization has in progress. 4.6 Work over last 5 years: List major projects (specifically educational properties or facilities) for which your firm has provided Real Estate Brokerage services over the last 5 years. For each project, provide the name, nature of the project/function of the building, size, location, cost, completion date, and owner, and the manner in which services were carried out. 4.7 Experience with DeSoto ISD. 5. Financial Information: 5.1 Attach a financial statement, preferably audited, including your organization s latest balance sheet and income statement. 5.2 Provide name, address and phone for bank reference. 6. Personnel: Identify and provide a resume and references for each individual whom would be involved in carrying out services to DeSoto ISD should your firm be selected. 7. References: For 3 of the projects listed above, identify a representative of the owner (provide name, phone/fax numbers, addresses) who could be contacted as references regarding your firm s services. 8. Cost, Fee Structure and Rates (to be included only at time of interview): Please provide the fees and rates that the firm will require on both potential sales of District owned property. State any other costs the District may anticipate relating to the real estate services to be provided in the Scope of Services, Section (A). BONDING COMPANY AND AGENT (if ever bonded): NAME: PHONE: (A) CURRENT BONDING RATE: (B) LARGEST INDIVIDUAL PROJECT BOND TO DATE: SURETY REFERENCE FOR LAST FIVE (5) YEARS: IF ADDITIONAL INFORMATION IS PROVIDED ON A SEPARATE SHEET FOR ANY OF THE ABOVE ITEMS, CLEARLY SPECIFY ON THIS FORM WHERE IT CAN BE LOCATED IN YOUR PROPOSAL PACKAGE. Page 11 of 22

12 Required Forms a. Deviation/Compliance Signature Form b. Confidentiality Declaration Form c. Certification for Criminal History Check d. Conflict of Interest Disclosure e. Conflict of Interest Questionnaire f. Family Conflict of Interest Questionnaire g. Vendor Debarment Statement h. HB 1295 Form will need to be submitted if contract awarded by Board ALL REQUIRED FORMS MUST BE COMPLETED, SIGNED, AND RETURNED WITH RESPONSE, OR THE RESPONSE WILL BE DEEMED NONRESPONSIVE. Page 12 of 22

13 DEVIATION/COMPLIANCE SIGNATURE FORM RFQ # Company Name Address City State Zip Phone Number Fax Number If the undersigned bidder intends to deviate from the General Conditions Standard Terms and Conditions or Item Specifications listed in this bid invitation, all such deviations must be listed on this page, with complete and detailed conditions and information included or attached. The District will consider any deviations in its bid award decisions, and the District reserves the right to accept or reject any bid based upon any deviations indicated below or in any attachments or inclusions. In the absence of any deviation entry on this form, the bidder assures the District of their full compliance with the Standard Terms and Conditions, Item Specifications, and all other information contained in this Bid Invitation. No Deviation Yes, deviation. If checked yes, please list details below: THIS PAGE MUST BE COMPLETED AND RETURNED IN YOUR RESPONSE Page 13 of 22

14 CONFIDENTIALITY DECLARATION FORM CONFIDENTIAL INFORMATION SUBMITTED IN RESPONSE TO COMPETITIVE PROCUREMENT REQUEST FOR DESOTO ISD IS GOVERNED BY TEXAS GOVERNMENT CODE, CHAPTER 552 If you consider any portion of your proposal as confidential information and not subject to disclosure pursuant to Chapter 552 Tex. Gov t Code or other laws, you must make a copy of all claimed confidential materials within your proposal and put this COMPLETED form as a coversheet to said materials and place this completed form and the copied materials in a separate envelope and include the confidential materials envelope with your proposal submission. (The envelope will not be opened unless a Public Information Request is made. You must include the confidential information in the submitted proposal as well. The copy in the envelope is to show DeSoto ISD which material in your proposal you deem confidential only in the event of a Public Information Request.) You must place the following wording that is between the dotted lines on the outside of the envelope containing the copies of the confidential materials. You may copy, complete and affix the following to the envelope containing the copies of the confidential materials. DeSoto ISD will follow procedures of controlling statute(s) regarding any claim of confidentiality. Pricing of solicited products or service may be deemed as public information under Chapter 552 Tex. Gov t Code This envelope contains material for our proposal that I classify and deem confidential under Tex. Gov t Code 552 and I invoke my statutory rights to said confidential treatment of the enclosed materials: Name of company claiming confidential status of material Printed Name and Signature of authorized company officer claiming confidential status of material Address City State Zip Phone ENCLOSED ARE COPIES OF PAGES OF CONFIDENTIAL MATERIAL FROM OUR RESPONSE TO RFQ # Express Waiver: I desire to expressly waive our claim of confidentiality of any information contained within our response to the competitive procurement process by completing the following and submitting this sheet with our response DeSoto ISD procurement process (e.g. RFQ, CSP, Bid, etc.). Name of company expressly waiving confidential status of material Printed Name and Signature of authorized company officer expressly waiving confidential status of material Address City State Zip Phone THIS PAGE MUST BE COMPLETED AND RETURNED IN YOUR RESPONSE Page 14 of 22

15 Texas Education Code Chapter 22 Certification for Criminal History Check Introduction: Texas Education Code Chapter 22 requires entities that contract with school districts to provide services to obtain criminal history record information regarding covered employees. Brokers must certify to the district that they have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school district. Definitions: Covered employees: Employees of a Broker or sub-broker who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state. On behalf of ("Broker"), I certify that [Check one]: [ ] None of the employees of Broker and any sub-brokers are covered employees, as defined above. If this box is checked, I further certify that Broker has taken precautions or imposed conditions to ensure that the employees of Broker and any sub-broker will not become covered employees. Broker will maintain these precautions or conditions throughout the time the contracted services are provided. Or [ ] Some or all of the employees of Broker and any sub-broker are covered employees. If this box is checked, I further certify that: (1) Broker has obtained all required criminal history record information regarding its covered employees. None of the covered employees has a disqualifying criminal history. (2) If Broker receives information that a covered employee subsequently has a reported criminal history, Broker will immediately remove the covered employee from contract duties and notify the District in writing within 3 business days. (3) Upon request, Broker will provide the District with the name and any other requested information of covered employees so that the District may obtain criminal history record information on the covered employees. (4) If the District objects to the assignment of a covered employee on the basis of the covered employee's criminal history record information, Broker agrees to discontinue using that covered employee to provide services at the District. Noncompliance or misrepresentation regarding this certification may be grounds for contract termination. Company Name Printed Name of Company Representative Signature Date For additional information on how to comply with this statute, please contact the DeSoto ISD Purchasing Department, , 200 W. Parkerville Rd., DeSoto, Texas THIS PAGE MUST BE COMPLETED AND RETURNED IN YOUR RESPONSE Page 15 of224

16 Notice to Vendors Conflict of Interest Disclosure Statements Texas Local Government Code, Chapter 176 Vendors are required to file a Conflict of Interest Questionnaire with the District if a relationship exists between the vendor s company and an officer of the District. Vendors are encouraged to review and become familiar with all disclosure requirements of Texas Local Government Code, Chapter 176. Conflicts of interest exist if: 1. the person has employment or other business relationship with the local government officer or a family member resulting in the officer or family member receiving taxable income; or 2. the person has given the local government officer or family member one or more gifts (excluding food, lodging, transportation, and entertainment) that have an aggregate value of more than $250 in the twelve month period preceding the date the officer becomes aware of an executed contract or consideration of the person for a contract to do business with the District. Disclosure is required from vendors regarding each affiliation or business relationship between the vendor and: 1. an officer of the District; 2. an officer of the District that results in the officer or family member receiving taxable income; 3. an officer of the District that results in the vendor receiving taxable income that does not come from the District; 4. a corporation or other business entity in which an officer of the District serves as an officer or director, or holds an ownership interest of 10% or more; 5. an employee or Broker of the District who makes recommendations to an officer of the District regarding the expenditure of money; 6. an officer of the District who appoints or employs an officer of the District that is the subject of the questionnaire; and 7. any person or entity that might cause a conflict of interest with the District. Forms must be filed: 1. No later than the seventh business day after the date that the person begins contract discussions or negotiations with the government entity, or submits to the entity an application, response to a request for proposal or bid, correspondence, or other writing related to a potential agreement with the entity. 2. The Vendor also shall file an updated questionnaire: a. not later than September 1 of each year in which a covered transaction is pending, and b. the seventh business day after the date of an event that would make a statement in the questionnaire incomplete or inaccurate. 3. A vendor is not required to file an updated questionnaire if the person had filed an updated statement on or after June 1, but before September 1 of the year. Officers of the DeSoto Independent School District are: Carl Sherman, Jr., Board President, (Place 1) Karen Daniel, Vice President (Place 3) Tiffany Clark, Secretary (Place 4) Kathy Goad (Place 2) Aubrey C. Hooper (District 5) Donald Gant, (Place 6) Sandre Moncriffe (Place 7) David C. Harris, Ed. D., Superintendent of Schools If you are required to file, send the completed form to DeSoto Independent School District, Purchasing Department, 200 W. Parkerville Rd., DeSoto, Texas THIS PAGE MUST BE COMPLETED AND RETURNED IN YOUR RESPONSE

17 Name of local government officer with whom filer

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19 FAMILY CONFLICT OF INTEREST QUESTIONNAIRE RFQ # This Questionnaire must be completed by every individual or entity that contracts or seeks to contract with the District for the sale or purchase of property, goods, or services. The questionnaire(s) required by this policy shall be filed with the Purchasing Director not later than the seventh (7th) business day after the date that the individual or entity begins contract discussions or negotiations with the District or submits to the District an application, response to a request for proposals or bids, correspondence, or other writing related to a potential agreement with the District. If the individual or entity becomes aware of new facts or change of facts that would make the completed questionnaire(s) inaccurate, the individual or entity shall file an amended questionnaire(s) within seven (7) days of the date the individual or entity first learned of the new facts or changes in facts. Family or family relationship means a member of an individual s immediate family, including spouse, parents, and children (whether natural or adopted), aunts, uncles, and siblings. For individuals who contract or seek to contract with the District for the sale or purchase of any property, goods, or services: Identify each and every family relationship between yourself (and any member of your family) and any full-time District Employee (and any member of such employee s family) (please include name and sufficient information that will allow proper identification of any named individual): For entities that contract or seek to contract with the District for the sale or purchase of property, goods, or services: Identify each and every full-time District employee (and any member of the employee s family) who serves as an officer or director of the entity, or holds an ownership interest of 10 per cent or more in the entity (please include name and sufficient information that will allow proper identification of any named individual): If more space is required please attach a second page. If the answer to any question is none, or not applicable, please write None or Not Applicable in the space reserved for that answer. I certify that the answers contained in this questionnaire are true and correct. Individual: Date: Entity: By: Date: Signature: Title: Certified this day of, 20, by Notary Public Notary Seal THIS PAGE MUST BE COMPLETED AND RETURNED IN YOUR RESPONSE

20 VENDOR DEBARMENT STATEMENT I have read the conditions and specifications provided in the bid/proposal document attached. I affirm, to the best of my knowledge, that I nor the company I represent have not been debarred or suspended from conducting business with school districts in the State of Texas or from receiving a federally funded contract under the Federal OMB, A-102, common rules. This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section , Participants responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages ). Copies of the regulation may be obtained by contacting the Department of Agriculture Agency from which this transaction originated. NAME OF COMPANY/FIRM: MAILING ADDRESS: CITY/STATE/ZIP: PREPARED BY: COMPANY OFFICIAL S NAME: Printed COMPANY OFFICIAL S AUTHORIZED SIGNATURE: TITLE: TELEPHONE NO.: ( ) - FAX NO. : ( ) - DATE: THIS PAGE MUST BE COMPLETED AND RETURNED IN YOUR RESPONSE

21 Instructions - Form 1295 Effective January 1, 2016, a governmental entity may not enter into a contract requiring board approval, unless the business entity submits a Disclosure of Interested Parties (Form 1295) at the time the business entity submits the signed contract. The following definitions apple: 1. Interested Party means a person: a. Who has a controlling interest in a business entity with whom a governmental entity contracts: or b. Who actively participates in facilitating the contract or negotiating the terms of the contract, including a broker, intermediary, adviser, or attorney for the business entity. 2. Intermediary means a person who actively participates in the facilitation of the contract or negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the business entity who: a. Receives compensation from the business entity for the person s participation; b. Communicates directly with the governmental entity or state agency on behalf of the business entity regarding the contract; and c. Is not an employee of the business entity 3. Business Entity means any entity recognized by law through which business is conducted, including a sole proprietorship, partnership, or corporation. Business entity includes a for profit or nonprofit entity. He term does not include a governmental entity or state agency. 4. Contract includes an amended, extended, or renewed contract. 5. Controlling Interest means: a. An ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent; b. Membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. Service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. A business entity must file Form 1295 electronically with the Texas Ethics Commission using the Commission s online filing application, which can be found at: The business entity must print a copy of the completed form, which will include a certification of filing containing a unique certification number. The Form 1295 must be signed by an authorized agent of the business entity, and the form must be notarized. The business entity must then submit the completed, signed, notarized Form 1295 to the contracting school district. Again, inter local contracts DO NOT REQUIRE a Form 1295 because governmental entities do not fall within the definition of business entity. Notably, though, compliance with HB 1295 is required for contracts with nonprofit agencies, such as the DeSoto Independent School District.

22 CERTIFICATE OF INTERESTED PARTIES FORM 1295 Complete Nos. 1-4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. 4 Name of Interested Party City, State, Country (place of business) Nature of Interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. AFFIX NOTARY STAMP / SEAL ABOVE Signature of authorized agent of contracting business entity Sworn to and subscribed before me, by the said, this the day of, 20, to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath ADD ADDITIONAL PAGES AS NECESSARY Form provided by Texas Ethics Commission Adopted 10/5/2015