September 13, 2011
State of Mississippi
Hinds County
MDE Contract No.
CFDA
Number
84.392
84.391
Title of Program
Special Education - Preschool Grants "Recovery Funds"
Special Education - Grants to States "Recovery Act”
Federal Award
Number
H392A090113A
H391A090108A
MISSISSIPPI DEPARTMENT OF EDUCATION
CONTRACT FOR SPECIFIED SERVICES
WITH ARRA FUNDS
STATE CONTRACT FOR BUS PURCHASES WITH ARRA FUNDS
This contract made by and between the Mississippi Department of Education, Jackson, Mississippi, an agency of the State of Mississippi,
(hereinafter referred to as MDE) and ________________ of _____________________, (hereinafter referred to as CONTRACTOR).
This contract involves the use of American Recovery and Reinvestment Act of 2009, Public Law 111-5 (“ARRA”) funds. The following
terms and conditions apply.
1.
STATEMENT OF WORK
The Department, acting under and by virtue of authority rested in it in Section 37-41-101 of the Mississippi Code of 1972, the
Mississippi Department of Education has authority advertise for and receive sealed bids for the sales of school bus bodies and
school buses sold as complete units to the school boards of the school districts in the state of Mississippi. Competitive bids
for this purpose were called for and received on the 23rd day of July 2009; that according to said call for bids (Attachment A),
sealed bids were submitted by vendors; that on the 11th day of September 2009, the State Board of Education approved the
school transportation equipment bids(Attachment B), as required by law; and that all said acts and things done by the
Department preceding the execution of the contract were and are regular, legal, and binding upon the parties hereto.
2.
PERFORMANCE OF CONTRACT BY CONTRACTOR AND CONTRACTOR’S EMPLOYEES
CONTRACTOR hereby agrees to perform the Specified Services herein described in Paragraph 1 above in a proper,
workmanlike, and dignified manner; warrants that he/she is able to and will perform such Specified Services in a manner
acceptable to MDE; and agrees to make all additions, deletions and/or changes that may be required by MDE, as a condition
precedent to the acceptance of such Specified Services by MDE. CONTRACTOR agrees that, at all times, the employees of
CONTRACTOR furnishing or performing any of the services specified under this agreement shall do so in a proper,
workmanlike, and dignified manner.
3.
COMPENSATION
That the said CONTRACTOR has agreed and guaranteed to furnish the said school bus bodies and school buses sold as
complete units to the school boards of the school districts in the state of Mississippi at the prices no greater than the amounts
determined and approved to be the lowest and best bids on the 11 th day of September 2009 by the State Board of Education.
4.
INDEPENDENT CONTRACTOR
Based upon the Internal Revenue Code, the CONTRACTOR has been classified as an independent contractor and assumes all
responsibility for reporting any earnings to Federal and State authorities where required by law and paying such taxes as may be
required thereon. The CONTRACTOR shall perform all services as an independent contractor and shall discharge all of its
liabilities as such. No act performed or representation made, whether oral or written, by the CONTRACTOR with respect to third
parties shall be binding on the MDE.
5.
RELEASE FROM LIABILITY
CONTRACTOR hereby expressly releases MDE, its assigns, agents, licensees, affiliates, clients and principals, representatives,
heirs and successors from any liability from any and all privacy, defamation, and other claims, demands, injuries, damages and
losses of whatsoever nature and character alleged to be caused by or arising out of, directly or indirectly, the matters, acts,
circumstances and participation covered by this Contract.
6.
TERMINATION
The MDE, by written notice, may terminate this contract, in whole or in part, if funds supporting this contract are reduced or
withdrawn. To the extent that this contract is for services, and if so terminated, the MDE shall be liable only for payment in
accordance with payment provisions of this contract for services rendered prior to the effective date of termination. The MDE, in
whole or in part, may terminate this contract for cause by written notification. Furthermore, the MDE and the CONTRACTOR
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may terminate this contract, in whole or in part, upon mutual agreement. The MDE or the CONTRACTOR may terminate this
agreement for any reason after giving thirty (30) days’ written notice specifying the effective date thereof to the other party.
7.
CHANGES
This agreement may be modified, altered, or changed only by written agreement signed by the parties hereto. The parties
agree to renegotiate the agreement if federal and/or State revisions of any applicable laws or regulations make changes in this
agreement necessary.
8.
ACCESS TO RECORDS
The CONTRACTOR agrees that the MDE, or any of its duly authorized representatives, at any time during the term of this
agreement, shall have access to, and the right to audit and examine any pertinent books, documents, papers, and records of
CONTRACTOR related to CONTRACTOR'S charges and performance under this agreement. Such records shall be kept by
CONTRACTOR for a period of three (3) years after final payment under this agreement, unless the MDE authorizes their earlier
disposition. CONTRACTOR agrees to refund to the MDE any overpayments disclosed by any such audit. However, if any
litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 3-year
period, the records shall be retained until completion of the action and resolution of all issues which arise from it.
9.
EQUAL OPPORTUNITY EMPLOYER
The CONTRACTOR understands that the State is an equal opportunity employer and therefore maintains a policy which
prohibits unlawful discrimination based on race, color, creed, sex, age, national origin, physical handicap, disability, or any other
consideration made unlawful by federal, State, or local laws. All such discrimination is unlawful and the Contractor agrees during
the term of the agreement that the Contractor will strictly adhere to this policy in its employment practices and provision of
services.
10.
NON-DISCRIMINATION
Contractor shall comply with Title VI and Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.), Section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. 16811688), the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107), and other civil rights laws applicable to recipients of
Federal financial assistance.
11.
LAWS
The contract shall be governed by and construed in accordance with the laws of the State of Mississippi, excluding its conflicts of
laws provisions, and any litigation with respect thereto shall be brought in the courts of the State. The Contractor shall comply
with, and all activities under this agreement shall be subject to, all applicable federal, State of Mississippi, and local laws and
regulations, as now existing and as may be amended or modified. In compliance with State law, the Contractor who is employed
by a public entity must make arrangements with his/her employer to take the appropriate leave (annual, professional,
compensation, etc.) during the period of service covered by the contract.
12.
ASSIGNMENT
CONTRACTOR shall not assign or subcontract in whole or in part, its rights or obligations under this agreement without prior
written consent of the MDE. Any attempted assignment without said consent shall be void and of no effect.
13.
AUTHORITY TO CONTRACT
CONTRACTOR warrants (a) that it is a validly organized business with valid authority to enter into this agreement; (b) that it is
qualified to do business and in good standing in the State of Mississippi; (c) that entry into and performance under this agreement
is not restricted or prohibited by any loan, security, financing, contractual, or other agreement of any kind, and (d)
notwithstanding any other provision of this agreement to the contrary, that there are no existing legal proceedings or prospective
legal proceedings, either voluntary or otherwise, which may adversely affect its ability to perform its obligations under this
agreement.
14.
GRATUITIES
The CONTRACTOR represents that it has not violated, is not violating, and promises that it will not violate the prohibition
against gratuities set forth in Section 7-204 (Gratuities) of the Mississippi Personal Services Contract Procurement Regulations.
15.
REPRESENTATION REGARDING CONTINGENT FEES
The CONTRACTOR represents that it has not retained a person to solicit or secure a State contract upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee, except as disclosed in the Contractor’s bid or proposal.
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16.
COMPLIANCE WITH MISSISSIPPI EMPLOYMENT PROTECTION ACT
CONTRACTOR represents and warrants that it will ensure its compliance with the Mississippi Employment Protection Act
(Section 71-11-3, Mississippi Code of 1972 Ann.) and will register and participate in the status verification system for all
newly hired employees. The term "employee" as used herein means any person that is hired to perform work within the State
of Mississippi. As used herein, "status verification system" means the Illegal Immigration Reform and Immigration
Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the EVerify Program, or any other successor electronic verification system replacing the E-Verify Program. CONTRACTOR
agrees to maintain records of such compliance and, upon request of the State, to provide a copy of each such verification to
the State. CONTRACTOR further represents and warrants that any person assigned to perform services hereunder meets the
employment eligibility requirements of all immigration laws of the State of Mississippi. CONTRACTOR understands and
agrees that any breach of these warranties may subject CONTRACTOR to the following: (a) termination of this Agreement
and ineligibility for any state or public contract in Mississippi for up to three (3) years, with notice of such
cancellation/termination being made public, or (b) the loss of any license, permit, certification or other document granted to
CONTRACTOR by an agency, department or governmental entity for the right to do business in Mississippi for up to one (1)
year, or (c) both. In the event of such termination/cancellation, CONTRACTOR would also be liable for any additional costs
incurred by the State due to contract cancellation or loss of license or permit.
17.
E-PAYMENT and E-INVOICING
The State requires the Contractor to submit invoices electronically throughout the term of the agreement. Vendor invoices
shall be submitted to the state agency using the processes and procedures identified by the State. Payments by state agencies
using the Statewide Automated Accounting System (SAAS) shall be made and remittance information provided electronically
as directed by the State. These payments shall be deposited into the bank account of the Contractor’s choice. Contractor
understands and agrees that the State is exempt from the payment of taxes. All payments shall be in United States currency.
18.
PERSONNEL BOARD APPROVAL
The contract shall be governed by the applicable provisions of the Personal Services Contract Review Board Regulations, a copy
of which is available at 210 E Capitol Street, Suite 800, Jackson, MS, 39201 for inspection.
19.
AVAILABILITY OF FUNDS AND USE OF FUNDS
It is expressly understood and agreed that the obligation of the MDE to proceed under this agreement is conditioned upon the
appropriation of funds by the federal government and or the appropriation of funds by the Mississippi State Legislature and
the receipt of state and/or federal funds. If the funds anticipated for the continuing fulfillment of the agreement are, at
anytime, not forthcoming or insufficient, either through the failure of the federal government to provide funds or of the State
of Mississippi to appropriate funds or the discontinuance or material alteration of the program under which funds were
provided or if funds are not otherwise available to the MDE, the MDE shall have the right upon ten (10) working days written
notice to the Contractor, to terminate this agreement without damage, penalty, cost or expenses to the state of any kind
whatsoever. The effective date of termination shall be as specified in the notice of termination.
20.
SUSPENSION/DEBARMENT
CONTRACTOR certifies that neither it nor its principals: (a) are presently debarred, suspended, proposed for debarment,
declared ineligible or voluntarily excluded from covered transaction by any federal department or agency; (b) have, within a
three (3) year period preceding this Contract been convicted of or had a civil judgment rendered against them for commission
of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or
local) transaction or contract under a public transaction; violation of federal or state anti-trust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen
property; (c) are presently indicted or otherwise criminally or civilly charged by a governmental entity with the commission of
fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local)
transaction or contract under a public transaction; violation of federal or state anti-trust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements of receiving stolen
property, and (d) have, within a three (3) year period preceding this Contract, had one or more public transactions (federal,
state or local) terminated for cause or default. See Excluded Parties List System at www.epls.gov.
21.
PROHIBITION ON USE OF ARRA FUNDS
CONTRACTOR agrees to comply with Section 1604 American Recovery and Reinvestment Act of 2009 (ARRA), that
provides that none of the funds made available under this contract may be used for any casino or other gambling
establishment, aquarium, zoo, golf course, or swimming pool. CONTRACTOR agrees not to undertake any activities
specifically prohibited by the American Recovery and Reinvestment Act of 2009 (ARRA) and related regulations, if paid for
with ARRA funds.
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22.
REQUIRED CONTRACT PROVISION TO IMPLEMENT ARRA SECTION 902
CONTRACTOR agrees to comply with Section 902 of the American Recovery and Reinvestment Act of 2009 (ARRA).
CONTRACTOR agrees that each contract awarded using American Recovery and Reinvestment Act of 2009 funds shall
provide that the Comptroller General and his representatives are authorized—
(1) to examine any records of the contractor or any of its subcontractors, or any State or local agency administering such
contract, that directly pertain to, and involve transactions relating to, the contract or subcontract; and
(2) to interview any officer or employee of the contractor or any of its subcontractors, or of any State or local government
agency administering the contract, regarding such transactions.
CONTRACTOR agrees that nothing in Section 902 of the American Recovery and Reinvestment Act of 2009 (ARRA) shall
be interpreted to limit or restrict in any way any existing authority of the Comptroller General.
23.
AUTHORITY OF THE INSPECTOR GENERAL PROVISION
CONTRACTOR agrees to comply with Section 1515 of the American Recovery and Reinvestment Act of 2009 (ARRA),
which provides that any representative of the Inspector General has the authority: (1) to examine any records of the contractor
or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract, that pertain to,
and involve transactions relating to the contract, subcontract, grant, or subgrant; and (2) to interview any officer or employee
of the contractor, grantee, subgrantee or agency regarding such transactions. CONTRACTOR agrees that nothing set forth in
Section 1515 of the ARRA shall be interpreted to limit or restrict in any way any existing authority of an Inspector General.
24.
WHISTLEBLOWER PROTECTION
CONTRACTOR agrees to comply with Section 1553 of the American Recovery and Reinvestment Act of 2009 (ARRA),
which states: An employee of any non-Federal employer receiving covered funds may not be discharged, demoted, or
otherwise discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary course of an
employee’s duties, to the Board, an inspector general, the Comptroller General, a member of Congress, a State or Federal
regulatory or law enforcement agency, a person with supervisory authority over the employee (or such other person working
for the employer who has the authority to investigate, discover, or terminate misconduct), a court or grand jury, the head of a
Federal agency, or their representatives, information that the employee reasonably believes is evidence of— (1) gross
mismanagement of a contract or grant relating to ARRA funds; (2) a gross waste of ARRA funds; (3) a substantial and
specific danger to public health or safety related to the implementation or use of ARRA funds; (4) an abuse of authority
related to implementation or use of ARRA funds; or (5) a violation of law, rule, or regulation related to an agency contract
(including the competition for or negotiation of a contract) or grant, awarded or issued relating to ARRA funds.
CONTRACTOR agrees that it and its subcontractors shall post notice of the rights and remedies available to employees under
Section 1553 of the ARRA.
25.
REPRESENTATION REGARDING ANY CONFLICT OF INTEREST
CONTRACTOR agrees to comply with Section 25-4-101, et seq. of the Mississippi Code 1972 Annotated.
26.
NATIONAL ENVIRONMENTAL POLICY ACT
CONTRACTOR agrees to comply with Section 1609 of the American Recovery and Reinvestment Act of 2009 (ARRA). All
recipients must comply with any applicable environmental impact requirements of the National Environmental Policy Act of
1970 (NEPA), as amended, (42 U.S.C. 4371 et seq.), 40 CFR parts 1500 through 1508 and any State government
requirements that implement NEPA. The recipient must follow the reporting instructions that will be provided online at
www.FederalReporting.gov with respect to compliance with NEPA requirements and documentation for affected projects.
27.
ACCESS TO RECORDS AND OTHER ISSUES
CONTRACTOR agrees that the Mississippi Office of the State Auditor (pursuant to Section 7-7-81, Mississippi Code 1972
Annotated) shall have access to ARRA records and employee information as necessary to conduct audits related to ARRA
oversight.
28.
ADDITIONAL ARRA REQUIREMENTS
The CONTRACTOR agrees to comply with all applicable requirements of the American Recovery and Reinvestment Act
(ARRA) of 2009 and related regulations including, but not limited to, those outlined in Exhibit 1 that are attached hereto and
incorporated herewith.
Exhibit 1 includes, but is not limited to, the following ARRA requirements:
 Reporting and Registration Requirements Under Section 1512 of the ARRA of 2009;
 Required Use of American Iron, Steel, and Manufactured Goods Not Covered Under International Agreements
Under Section 1605 of the ARRA of 2009 (Buy American Provisions);
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

29.
Wage Rate Requirements Under Section 1606 of the ARRA of 2009; and
Recipient Responsibilities Regarding Tracking and Documenting Expenditures.
EFFECTIVE DATE OF CONTRACT
This agreement will become effective on the date it is signed by all parties and will end on or before September 30, 2010.
CONTRACTOR shall undertake and complete performance of the Specified Services referred to in Paragraph 1 hereof, within
the period of this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Contract, on the day and year documented by each signature.
MISSISSIPPI DEPARTMENT OF EDUCATION
CONTRACTOR
Signature
Name:
Title:
Date
Signature
Name:
Title:
Signature
Name:
Title:
Date
Signature
Date
Name: Donna Hales
Title: Director, Office of Procurement
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Date