TIPS Vendor Agreement 021522_sr Page 1
TIPS VENDOR AGREEMENT
Between_____________ and
(Company Name)
THE INTERLOCAL PURCHASING SYSTEM (TIPS),
a Department of Texas Education Service Center Region 8 for TIPS RFP 220304 Transportation Vehicles
General Information
The Vendor Agreement (“Agreement”) made and entered into by and between The Interlocal Purchasing System (hereinafter “TIPS”) a government cooperative purchasing program authorized by the Region 8 Education Service Center, having its principal place of busines s at 4845 US Hwy 271 North, Pittsburg, Texas 75686 and the TIPS Vendor. This Agreement consists of the provi sions set forth below, including provisions of all attachments referenced herein. In the event of a conflic t between the provisions set forth below and those contained in any attachment, the provisions set forth sha ll control unless otherwise agreed by the parties in writing and by signature and date on the attachment.
A Purchase Order (“PO”), Agreement or Contract is the TIPS Memb er’s approval providing the authority to proceed with the negotiated delivery order under the Agreement. Special terms and conditions as agreed between the Vendor and TIPS Member should be added as addendums to the Purchase Order, Agreement or Contract. Items such as certificate of insurance, bonding re quirements, small or disadvantaged business goals are some, but not all, of the possible addendums.
Terms and Conditions
Freight
All quotes to Members shall provide a line item for cost for freight or shipping regardless if there is a charge or not. If no charge for freight or shipping, indicate by stating “No Charge”, “$0”, “included in price” or other similar indication. Otherwise, all shipping, freight or deliver y changes shall be passed through to the TIPS Member at cost with no markup and said charges shall be agreed by the TIPS Member unless alternative shipping terms are agreed by TIPS as a result of the proposal award. Shipping method is determined by the vendor and the Member/Customer at the time of the quote/purchas e by the Member/Customer and satisfactory shipping methods and costs are agreed upon at that time.
Warranty Conditions
All new supplies equipment and services shall include manufacturer's minimum standard warranty unless otherwise agreed to in writing. Vendor shall be legally permitt ed to sell all products offered for sale to TIPS Members if the offering is included in the Request for Proposal (“RFP”) category. All goods proposed and sold shall be new unless clearly stated in writing.
Phil Long Dealership, Inc.
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Customer Support
The Vendor shall provide timely and accurate customer support f or orders to TIPS Members as agreed by the Parties. Vendors shall respond to such requests within a co mmercially reasonable time after receipt of the request. If support and/or training is a line item sold or packaged with a sale, support shall be as agreed with the TIPS Member.
Agreements
Agreements for purchase will normally be put into effect by means of a contract, agreem ent, or purchase order(s) executed by authorized agents of the TIPS Member parti cipating government entities, but other means of placing an order may be used at the Member’s discretio n. Vendor accepts and understands that when a purchase order or similar purchase document is sent from a customer through TIPS to the Vendor, TIPS is recording the purchase and verifying whether the purcha se is within the parameters of the TIPS Contract only. Vendor agrees that TIPS is not a legal party to the purchase order or similar purchase document and TIPS is not responsible for identifying fraud, mis takes, or misrepresentations for the specific order. Vendor agrees that any purchase order or similar purcha se document issued from a customer to Vendor, even when processed through TIPS, constitutes a legal contract between the customer and Vendor only. A Vendor that accepts a purchase order or similar purchase document and fulfills an order, even when processed through TIPS, is representing that the vendor has carefully reviewed the purchase order or similar purchase document for legality, authenticity, and accuracy.
Tax exempt status
Most TIPS Members are tax exempt and the related laws and/or regulations of the controlling jurisdiction(s) of the TIPS Member shall apply.
Assignments of Agreements
No assignment of this Agreement may be made without the prior n otification of TIPS. Written approval of TIPS shall not be unreasonably withheld. Payment for delivered goods and services can only be made to the awarded Vendor, Vendor designated reseller or vendor assigned company, where permitted by TIPS.
Disclosures
x Vendor and TIPS affirm that they, or any authorized employees o r agents, have not given, offered to give, nor intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this Agreement.
x Vendor shall attach, in writing, a complete description of any and all relationships that might be considered a conflict of interes t in doing business with the TI PS program.
x The Vendor affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone t o obtain information or gain any favoritism that would in any way limit competition or give an u nfair advantage over other vendors in the award of this Agreement.
Term of Agreement and Renewals
Regardless of the Award Date, the term of this Agreement shall end November 30, 2024 with an option for renewal for an additional one consecutive year. If TIPS offers the renewal extension year, the Vendor will be notified by email to the primary contact of the awarded Vendor and shall be deemed accepted by the Vendor unless the awarded Vendor notifies TIPS of its objection to the additional term in writing. TIPS may or may not
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e x e r c i s e s o m e o r a l l o f t h e a v a i l a b l e e x t e n s i o n ( s ) p r o v i d e d i n the original solicitation beyond the base term.
Whether or not to offer some or all of the extension is at the sole discretion of TIPS.
Extensions: Any extensions of the original term shall begin on the next day after the day the original term expires unless otherwise specified.
Example: In this example, if the termination date of the contract is Nov ember 30, 2024, if TIPS offers a one-year extension, the expiration of the extended term shall be Novembe r 30, 2025 unless otherwise specified.
TIPS may offer to extend Vendor Agreements to the fullest exten t the original Solicitation permits.
Automatic Renewal Clauses Incorporated in Awarded Vendor Agreem ents with TIPS Members Resulting from the Solicitation and with the Vendor Named in this Agreement.
No Agreement for goods or services with a TIPS Member by the aw arded vendor named in this Agreement that results from the solicitation award named in this Agreemen t, may incorporate an automatic renewal clause that exceeds month to month terms with which the TIPS Me mber must comply. All renewal terms incorporated in an Agreement by the vendor with the TIPS Member shall only be valid and enforceable when the vendor receives written confirmation by purchase order, exe cuted Agreement or other written instruction issued by the TIPS Member for any renewal period. The purpose of this clause is to avoid a TIPS Member inadvertently renewing an Agreement during a period in w hich the governing body of the TIPS Member has not properly appropriated and budgeted the funds to satisfy the Agreement renewal. This term is not negotiable and any Agreement between a TIPS Member and a TIPS awarded vendor with an automatic renewal clause that conflicts with these terms is rendered void and unenforceable.
Shipments
The Vendor shall ship, deliver or provide ordered products or services within a commercially reasonable time after the receipt of the order from the TIPS Member. If a delay in said delivery is anticipated, the Vendor shall notify TIPS Member as to why delivery is delayed and shal l provide an estimated time for completion of the order. TIPS or the requesting entity may cancel the order if estimated delivery time is not acceptable or not as agreed by the parties.
Invoices
Each invoice or pay request shall include the Vendor’s TIPS Con tract number, the TIPS Member’s purchase order number or other identifying designation as provided in the order by the TIPS Member. If applicable, the shipment tracking number or pertinent information for verificat ion of TIPS Member receipt shall be made available upon request.
Payments
The TIPS Member will make payments directly to the Vendor, the Vendor Assigned Dealer or as agreed by the Vendor and the TIPS Member after receiving invoice and in c ompliance with applicable payment statute(s), whichever is the greater time or as otherwise provided by an agreement of the parties.
Pricing
Price increases will be honored according to the terms of the s olicitation and vendor proposal. All pricing submitted to TIPS shall include the participation fee, as provided in the solicitation, to be remitted to TIPS by the Vendor. Vendor will not show adding the fee to the invoice presented to TIPS Member customer.
Participation Fees and Reporting of Sales to TIPS by Vendor
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The Participation Fee that was published as part of the Solicitation and the fee published is the legally effective fee, along with any fee conditions stated in the Solicitation. Collection of the fees by TIPS is required under Texas Government Code §791.011 Et seq. Fees are due on all TIPS purchases reported by either Vendor or Member. Fees are due to TIPS upon payment by the Member to the Vendor, Reseller or Vendor Assigned Dealer. Vendor, Reseller, or Vendor Assigned Dealer agrees tha t the participation fee is due to TIPS for all Agreement sales immediately upon receipt of payment including p artial payment, from the Member Entity and must be paid to TIPS at least on a monthly basis, specifically within 31 calendar days of receipt of payment, if not more frequently, or as otherwise agreed by TIPS in writing and signed by an authorized signatory of TIPS.
Thus, when an awarded Vendor, Reseller or Vendor Assigned Deale r receives any amount of payment, even partial payment, for a TIPS sale , the legally effective fee for that amount is immediately due to TIPS from the Vendor and fees due to TIPS should be paid at least on a monthly basis, specifically within 31 calendar days of receipt of payment, if not more frequently.
Reporting of Sales to TIPS by Vendor
Vendor is required to report all sales under the TIPS contract to TIPS. When a public entity initiates a purchase with a TIPS Awarded Vendor, if the Member inquires verbally or in writing whether the Vendor holds a TIPS Contract, it is the duty of the Vendor to verify whether or not the Member is seeking a TIPS purchase. Once verified, the Vendor must include the TIPS Contract number on a ny communications and related sales documents exchanged with the TIPS Member entity. To report sales, the Vendor must login to the TIPS Vendor Portal online at https://www.tips-usa.com/vendors_form.cfm and click on the PO’s and Payments tab. Pages 3-7 of the Vendor Portal User Guide will walk you through the process of reporting sales to TIPS. Please refer to the TIPS Accounting FAQ’s for more information about reporting sales and if you have fur ther questions, contact the Accounting Team at [email protected]. The Vendor or vendor assigned dealers are responsible for keeping record of all sales that go through the TIPS Agreement and submitting same to TIPS.
Failure to properly report or render the participation fee to T IPS shall constitute a breach of this agreement with our parent governmental entity, Texas Education Service Ce nter Region 8, as established by the Texas legislature and shall be grounds for termination of this agreem ent and any other agreement held with TIPS and possible legal action. Any overpayment of participation fee s to TIPS by a Vendor will be refunded to the Vendor within ninety (90) days of receipt of notification if TIPS receives written notification of the overpayment not later than the expiration of six (6) months from the date o f overpayment and TIPS determines that the amount was not legally due to TIPS pursuant to this agreement a n d a p p l i c a b l e l a w . I t i s t h e V e n d o r ’ s responsibility to identify which sales are TIPS Agreement sales and pay the correct participation fee due for TIPS Agreement sales. Any notification of overpayment received by TIPS after the expiration of six (6) months from the date of overpayment will be non-refundable. Region 8 ESC and TIPS reserve the right to extend the six (6) month deadline to notify if approved by the Region 8 ES C Board of Directors. TIPS reserves all rights under the law to collect the fees due. Please contact TIPS at t [email protected] or call (866) 839-8477 if you have questions about paying fees.
Indemnity
The Vendor agrees to indemnify and hold harmless and defend TIPS, TIPS Member(s), officers and employees from a nd against all claims an d suits by thir d parties for damages, injuries to persons (including death), property damages, losses, and expenses including court costs and reasonable attorney’s fees, arising out of, or resulting from, Vendor’s performance under this Agreement, i ncluding all such causes of action based upon common, constitutional, or statutory law, or based in whol e or in part, upon allegations of negligent or intentional acts on the part of the Vendor, its officers, em ployees, agents, subcontractors, licensees, or invitees. Parties found liable shall pay their proportionate sh are of damages as agreed by the parties or as ordered by a court of competent jurisdiction over the case. NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE PERMITTED OR AGREED BY TIPS/ESC REGION 8. Per
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Texas Education Code §44.032(f), and pursuant to its requiremen ts only, reasonable Attorney’s fees are recoverable by the prevailing party in any dispute resulting in litigation.
State of Texas Franchise Tax
By signature hereon, the Vendor hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code.
Miscellaneous
The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in th e Program at any time with or without cause. Nothing in the Agreement or in any other communication b etween TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.
Purchase Order Pricing/Product Deviation
If a deviation of pricing/product on a Purchase Order or contra ct modification occurs between the Vendor and the TIPS Member, TIPS must be notified within five (5) business days of receipt of change order.
Termination for Convenience of TIPS Agreement Only
TIPS reserves the right to terminate this agreement for cause or no cause for convenience with a thirty (30) days prior written notice. Termination for convenience is conditionally required under Federal Regulations 2 CFR part 200 if the customer is using federal f unds for the pro curement. All purchase orders presented to the Vendor, but not fulfilled by the Vendor, by a TIPS Member p rior to the actual termination of this agreement shall be honored at the option of the TIPS Member. Th e awarded Vendor may terminate the agreement with ninety (90) days prior written notice to TIPS 4 845 US Hwy North, Pittsburg, Texas 75686.
The vendor will be paid for goods and services delivered prior to the termination provided that the goods and services were delivered in accordance with the terms and co nditions of the terminated agreement.
This termination clause does not affect the sales agreements executed by the Vendor and the TIPS Member customer pursuant to this agreement. TIPS Members may negotiate a termination for convenience clause that meets the needs of the transaction based on applicable fac tors, such as funding sources or other needs.
TIPS Member Purchasing Procedures
Usually, purchase orders or their equal are issued by participating TIPS Member to the awarded vendor and should indicate on the order tha t the purchase is per the appli cable TIPS Agreement Number. Orders are typically emailed to TIPS at [email protected].
• Awarded Vendor delivers goods/services directly to the partici pating member. • Awarded Vendor invoices the participating TIPS Member directly . • Awarded Vendor receives payment directly from the participatin g member. • Fees are due to TIPS upon payment by the Member to the Vendor. Vendor agrees to pay the participation fee to TIPS for a ll Agreement sales upon receipt of payment including partial payment, f r o m t h e M e m b e r E n t i t y o r a s o t h e r w i s e a g r e e d b y T I P S i n w r i t i ng and signed by an authorized signatory of TIPS.
Licenses
Awarded Vendor shall maintain, in current status, all federal, state and local licenses, bonds and permits required for the operation of the business conducted by awarded Vendor. Awarded Vendor shall remain reasonably fully informed of and in compliance with all ordinan ces and regulations pertaining to the lawful
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provision of goods or services under the Agreement. TIPS and TIPS Members reserves the right to stop work and/or cancel an order or terminate this or any other sales Agreement of any awarded Vendor whose license(s) required for performance under this Agreement have expired, lapsed, are suspended or terminated subject to a 30-day cure period unless pr ohibited by applicable statue or regulation.
Novation
If awarded Vendor sells or transfers all assets, rights or the entire portion of the assets or rights required to perform this Agreement, a successor in interest must guarantee to perform all obligations under this Agreement. A simple change of name agreement will not change th e Agreement obligations of awarded vendor. TIPS will consider Contr act Assignments on a case by ca se basis. TIPS must be notified within five (5) business days of the tran sfer of assets or rights.
Site Requirements (only when applicable to service or job) Cleanup: When performing work on site at a TIPS Member’s property, awa rded Vendor shall clean up and remove all debris and rubbish resulting from their work as requ ired or directed by TIPS Member or as agreed by the parties. Upon completion of work, the premises shall be left in good repair and an orderly, neat, clean and unobstructed condition.
Preparation: Awarded Vendor shall not begin a project for which TIPS Member has not prepared the site, unless awarded Vendor does the preparation work at no cost, or until T IPS Member includes the cost of site preparation in a purchase order. Site preparation includes, bu t is not limited to: moving furniture, installing wiring for networks or power, and similar pre-installation requirements.
Registered sex offender restrictions: For work to be performed at schools, awarded Vendor agrees tha t no employee of a subcontractor who has been adjudicated to be a re gistered sex offender will perform work at any time when students are, or reasonably expected to be, prese nt unless otherwise agreed by the TIPS Member. Awarded Vendor agrees that a violation of this conditio n shall be considered a material breach and may result in the cancellation of the purchase order at the TIP S Member’s discretion. Awarded Vendor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge.
Safety Measures
Awarded Vendor shall take all reasonable precautions for the sa fety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Awarded vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage.
Smoking
Persons working under Agreement shall adhere to the TIPS Member ’s or local smoking statutes, codes or policies.
Marketing
Awarded Vendor agrees to allow TI PS to use their name and logo within TIPS website, marketing materials and advertisement subject to any reasonable restrictions provid ed to TIPS in the Proposal to the Solicitation. The Vendor may submit an acceptable use directive for Vendor’s names and logos with which TIPS agrees to comply. Any use of TIPS name and logo or any for m of publicity, inclusive of press release, regarding this Agreement by awarded vendor must have prior appr oval from TIPS which will not be
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unreasonably withheld. Request may be made by email to TIPS@TIP S-USA.COM.
Supplemental Agreements
The TIPS Member entity participating in the TIPS Agreement and awarded Vendor may enter into a separate Supplemental Agreement or contract to further define the level of service requirements over and above the minimum defined in this Agreement such as but not limited t o, invoice requirements, ordering requirements, specialized delivery, etc. Any Supplemental Agree ment or contract developed as a result of this Agreement is exclusively between the TIPS Member entity cu stomer and the Vendor. TIPS, its agents, TIPS Members and employees not a party to the Supplemental Agreement with the TIPS Member customer, shall not be made party to any claim for breach of such agreeme nt unless named and agreed by the Party in question in writing in the agreement. If a Vendor submitting a P r o p o s a l r e q u i r e s T I P S a n d / o r T I P S Member to sign an additional agreement, those agreements shall comply with the award made by TIPS to the Vendor. Supplemental Vendor’s Agreement documents may not b ecome part of TIPS’ Agreement with Vendor unless and until an authorized representative of TIPS re views and approves it. TIPS review and approval may be at any time during the life of this Vendor Agre e m e n t . T I P S p e r m i t s T I P S M e m b e r s t o negotiate additional terms and conditions with the Vendor for t he provision of goods or services under the Vendor’s TIPS Agreement so long as they do not materially confl ict with this Agreement.
Survival Clause
All applicable sales, leases, Supplemental Agreements, contracts, software license agreements, warranties or service agreements that were entered into between Vendor and TIPS or the TIPS Member Customer under the terms and conditions of this Agreement shall survive the expiration or termination of this Agreement. All Orders, Purchase Orders issued or contracts executed by TIPS or a TIPS Member and accepted by the Vendor prior to the expiration or termination of this agreement, shall survive expiration or termination of the Agreement, subject to previously agreed terms and conditions ag reed by the parties or as otherwise specified herein relating to termination of this agreement.
Legal obligations
It is the responding Vendor’s responsibility to be aware of and comply with all local, state and federal laws governing the sale of products/services identified in the appli cable Solicitation that resulted in this Vendor Agreement and any awarded Agreement thereof. Applicable laws and regulations must be followed even if not specifically identified herein.
Audit rights
Due to transparency statutes and public accountability requirem ents of TIPS and TIPS Members’, the awarded Vendor shall, at their sole expense, maintain appropria te due diligence of all purchases made by TIPS Member that utilizes this Agreement. TIPS and Region 8 ESC each reserve the right to audit the accounting of TIPS related purchases for a period of three (3) years from the time such purchases are made.
This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. In order to ensure and confirm compliance with this agreement, TIPS shall have authority to conduct audits of Awarded Vendor’s pricing or TIPS transaction documentation with TIPS Members with 30 days’ notice unless the audit is ordered by a Court Order or by a Government Agency with authority to do so without notice. Notwithstanding the foregoin g, in the event that TIPS is made aware of any pricing being offered to eligible entities that is material ly inconsistent with the pricing under this agreement, TIPS shall have the ability to conduct the audit int ernally or may engage a third- party auditing firm to investigate any possible non- compliant conduct or may terminate the Agreement according to the terms of this Agreement. In the event of an audit, the requeste d materials shall be reasonably provided in
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the time, format and at the location acceptable to Region 8 ESC or TIPS. TIPS agrees not to perform a random audit the TIPS transaction documentation more than once per calendar year, but reserves the right to audit for just cause or as required by any governmental agency or court with regulatory authority over TIPS or the TIPS Member.
Force Majeure
If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give not ice and full particulars of Force Majeure in writing to the other party within a reasonable time after occur rence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overc ome such inability with all reasonable dispatch.
Choice of Law
The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be gove rned by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles.
Venue, Jurisdiction and Service of Process
Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclus ive 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 evidenc e of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waiv e 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. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Titus County, Texas.
Project Delivery Order Procedures
The TIPS Member having approved and signed an interlocal agreem ent, or other TIPS Membership document, may make a request of the awarded Vendor under this Agreement when the TIPS Member desires goods or services awarded to the Vendor. Notification may occur via phone, the web, courier, email, fax, or in person. Upon notification of a pending request, the awarded Vendor shall acknowledge the TIPS Member’s request as soon as possible, but must make contact wit h the TIPS Member within two working days.
Status of TIPS Members as Related to Vendors Contract Information TIPS Members stand in the place of TIPS as related to this agre ement and have the same access to the proposal information and all related documents. TIPS Members have all the same rights under the awarded Agreement as TIPS.
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Vendor’s Resellers as Related to This Agreement
Vendor’s Named Resellers (“Resellers”) under this Agreement shall comply with all terms and conditions of this agreement and all addenda or incorporated documents. All a ctions related to sales by Authorized Vendor’s Resellers under this Agreement are the responsibility of the awarded Vendor. If Resellers fail to report sales to TIPS under your Agreement, the awarded Vendor is responsible for their contractual failures and shall be billed for the fees. The awarded Vendor may then recover the fees from their named reseller as the law allows.
Support Requirements
If there is a dispute between the awarded Vendor and TIPS Member, TIPS or its representatives may, at TIPS sole discretion, assist in conflict resolution if requested by either party. TIPS, or its representatives, reserve the right to inspect any project and audit the awarded Vendor’s TIPS project files, documentation and correspondence related to the requesting TIPS Member’s order. If there are confidentiality requirements by either party, TIPS shall comply to the extent permitted by law.
Incorporation of Solicitation
The TIPS Solicitation which resulted in this Vendor Agreement, whether a Request for Proposals, the Request for Competitive Sealed Proposals or Request for Qualifications solicitation, or other, the Vendor’s response to same, and all associated documents and forms made part of th e solicitation process, including any addenda, are hereby incorporated by reference into this Agreement as if copied verbatim.
SECTION HEADERS OR TITLES
THE SECTON HEADERS OR TITLES WITHIN THIS DOCUMENT ARE MERELY GU IDES FOR CONVENIENCE AND ARE NOT FOR CLASSIFICATION OR LIMITING OF THE RESPONSIBILITES OF THE PARTIES TO THIS DOCUMENT.
STATUTORY REQUIREMENTS
Texas governmental entities are prohibited from doing business with companies that fail to certify to this condition as required by Texas Government Code Sec. 2270.
By executing this agreement, you certify that you are authorize d to bind the undersigned Vendor and that your company (1) does not boycott Israel; and (2) will not boyc ott Israel during the term of the Agreement.
You certify that your company is not listed on and does not and will not do business with companies that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153 found at https://comptroller.texas.gov/purchasing/docs/foreign-terrorist.pdf
You certify that if the certified statements above become untrue at any time during the life of this Agreement that the Vendor will notify TIPS within three (3) business day of the change by a letter on Vendor’s letterhead from and signed by an authorized representative of the Vendor stating the non-compliance decision and the TIPS Agreement number and description at:
Attention: General Counsel
ESC Region 8/The Interlocal Purchasing System (TIPS)
4845 Highway 271 North
Pittsburg, TX,75686
And by an email sent to [email protected]
Insurance Requirements
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The undersigned Vendor agrees to maintain the below minimum ins urance requirements for TIPS Contract Holders:
General Liability $1,000,000 each Occurrence/ Aggregate Automobile Liability $300,000 Includes owned, hired & non-owned Workers' Compensation Statutory limits for the jurisdiction in which the Vendor performs under this Agreement.
Umbrella Liability $1,000,000
When the Vendor or its subcontractors are liable for any damage s or claims, the Vendor’s policy, when the Vendor is responsible for the claim, must be primary over any o ther valid and collectible insurance carried by the Member. Any immunity available to TIPS or TIPS Members s hall not be used as a defense by the contractor's insurance policy. The coverages and limits are to be considered minimum requirements and in no way limit the liability of the Vendor(s). Insurance shall be written by a carrier with an A-; VII or better rating in accordance with current A.M. Best Key Rating Guide. Only deductibles applicable to property damage are acceptable, unless proof of retention funds to cover said deductibles is provided. "Claims made" policies will not be accepted. Vendor’s required minimum covera ge shall not be suspended, voided, cancelled, non-renewed or reduced in coverage or in limits unle s s r e p l ac e d b y a p o li c y t h a t p r o vi d e s t h e minimum required coverage except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to TIPS or the TIPS Member if a project or pending delivery of an order is ongoing.
Upon request, certified copies of all insurance policies shall be furnished to the TIPS or the TIPS Member.
Special Terms and Conditions
• Orders: All Vendor orders received from TIPS Members must be emailed to TIPS at tipspo@tips- usa.com. Should a TIPS Member send an order directly to the Vendor, it is the Vendor’s responsibility to forward a copy of the order to TIPS at the email above withi n 3 business days and confirm its receipt with TIPS.
• Vendor Encouraging Members to bypass TIPS agreement: Encouraging TIPS Members to purchase directly from the Vendor or through another agreement, when the Member has requested using the TIPS cooperative Agreement or price, and thereby bypassing the TIPS Agreement is a violation of the terms and conditions of this Agreement and will result in remov al of the Vendor from the TIPS Program.
• Order Confirmation: All TIPS Member Agreement orders are approved daily by TIPS and sent to the Vendor. The Vendor should confirm receipt of orders to the TIPS Member (customer) within 3 business days.
• Vendor custom website for TIPS: If Vendor is hosting a custom TIPS website, updated pricing when effective. TIPS shall be notified when prices change in accorda nce with the award. • Back Ordered Products : If product is not expected to ship within the time provided t o the TIPS Member by the Vendor, the Member is to be notified within 3 business days and appropriate action taken based on customer request.
The TIPS Vendor Agreement Signature Page is inserted here.
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5-19-2022
NOTICE TO MEMBERS REGARDING ATTRIBUTE RESPONSES
TIPS VENDORS RESPOND TO ATTRIBUTE QUESTIONS AS PART OF TIPS COMPETITIVE SOLICITATION PROCESS. THE VENDOR’S RESPONSES TO ATTRIBUTE QUES TIONS ARE INCLUDED HEREIN AS “SUPPLIER RESPONSE.” PLEASE BE ADVISED THAT DEVIATIONS, IF ANY, IN VENDOR’S RESPONSE TO ATTRIBUTE QUESTIONS MAY NOT REFLECT VENDOR’S FINAL ATTRIBUTE RESPONSE, WHICH IS SUBJECT TO NEGOTIATIONS PRIOR TO AWARD. PLEASE CONTACT THE TIPS OFFICE AT 866-839- 8477 WITH QUESTIONS OR CONCERNS REGARDING VENDOR ATTRIBUTE RESPONSE DEVIATIONS. PLEASE KEEP IN MIND THAT TIPS DOES NOT PROVIDE LEG AL COUNSEL TO MEMBERS. TIPS RECOMMENDS THAT YOU CONSULT YOUR LEGA L
COUNSEL WHEN EXECUTING CONTRACTS WITH OR MAKING PURCHASES FROM TIPS VENDORS.
220304
Phil Long Ford of Denver
Supplier Response
Event Information
Number: 220304
Title: Transportation Vehicles
Type: Request for Proposal
Issue Date: 3/3/2022
Deadline: 4/18/2022 03:00 PM (CT)
Notes:
IF YOU ALREADY HOLD TIPS CONTRACT 210907 AUTOMOBILES
(“210907”) OR 200206 NEW BUSES AND OTHER TRANSPORTATION VEHICLES ("200206") OR 200207 USED BUSES AND OTHER
TRANSPORTATION VEHICLES ("200207") , YOU DO NOT NEED TO
RESPOND TO THIS SOLICITATION UNLESS YOU WISH TO HOLD
MULTIPLE TIPS CONTRACTS FOR THE SALE OF
TRANSPORTATION VEHICLES.
This solicitation is for transportation vehicles only. If you wish to propose parts and services for transportation vehicles, please respond to 220305 Transportation Vehicle Parts and Services.
Contact Information
Address: Region 8 Education Service Center
4845 US Highway 271 North
Pittsburg, TX 75686
Phone: +1 ( 866) 839-8477
Email: [email protected]
Phil Long Ford of Denver Information
Contact:
Address:
Rhett Butler
7887 W Tuffs Ave.
Denver, CO 80123
Phone: (505) 514-3552
Email: [email protected]
Web Address: phillongdenver.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Rhett Butler [email protected]
Signature Email
Submitted at 4/18/2022 2:03:48 PM
Supplier Note
Supplier is Phil Long Dealerships, Inc. This contract will be administered by our Denver Branch, Phil Long Ford Denver, LLC.
Requested Attachments
Agreement Signature Form 220304 Agreement Signature F
If you have not taken exception or deviation to the agreement language in the solicitation attributes, download the AGREEMENT SIGNATURE FORM from the "ATTACHMENTS" tab. This PDF document is a fillable form. Download the document to your computer, fill in the requested company information, print the file, SIGN the form, SCAN the complet e
signed AGREEMENT SIGNATURE FORM, and upload here.
If you have taken exception to any of the agreement language and noted the exception in the deviations section of the attributes for the agreement, complete the AGREEMENT SIGNATURE FORM, but DO NOT SIGN until those deviations been negotiated and resolved with TIPS management. Upload the unsigned form here, because this is a required doc u
All Other Certificates W9 De
All Other Certificates (if applicable) must be scanned and uplo aded. If vendor has more than one other certification sc a one document. (PDF Format ONLY)
DO NOT UPLOAD encrypted or password protected files.
Pricing Form 2 220304 Pricing For
The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, fill in the requested informat upload the completed spreadsheet.
DO NOT UPLOAD encrypted or password protected files.
Reference Form 220304 Reference_F
The vendor must download the References spreadsheet from the attachment tab, fill in the requested information and the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files.
Conflict of
Interest Form
CIQ- ONLY
REQUIRED IF A
CONFLICT
EXISTS PER
THE
INSTRUCTIONS
DISCLOSURE OF CONFLICT OF INTEREST FORM - FILE ONLY IF THERE IS A CONFLICT TO REPO
ONLY REQUIRED IF A CONFLICT EXISTS PER THE INSTRUCTIONS Conflict of Interest Form for Vendors that are required to submit the form. The Conflict of Interest Form is included in t h documents or can be found at https://www.tips-usa.com/assets/do cuments/docs/CIQ.pdf.
Proposed Goods and Services 220304 Pricing For
Please upload one or more documents or sheets describing your offerings, line cards, catalogs, links to offerings OR li to your offerings that illustrate the catalog of proposed lines of goods and or services you carry and offer under this p r
It does not have to be exhaustive but should, at a minimum tell us what you are offering. It could be as simple as a she e your link to your online catalog of goods and services.
D/M/WBE Certification OPTIONAL No re
D/M/WBE Certification documentation may be scanned and uploaded if you desire to claim your status as one of the i d enterprises. (Disadvantaged Business Enterprise, Minority Business Enterprise and/or Woman Business Enterprise) If has more than one certification scan into one document. (PDF Format ONLY) DO NOT UPLOAD encrypted or password protected files.
Warranty Factory Warran
Warranty information (if applicable) must be scanned and uploaded. (PDF Format ONLY) DO NOT UPLOAD encrypted or password protected files.
Vendor Agreement 220304 Vendor Agreem
The vendor must download the Vendor Agreement from the attachment tab, fill in the requested information and uploa d completed agreement.
DO NOT UPLOAD encrypted or password protected files.
Pricing Form 1 220304 Pricing For
The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, fill in the requested informat upload the completed spreadsheet.
DO NOT UPLOAD encrypted or password protected files.
Supplementary No re
Supplementary information may be scanned and uploaded. (Company information, brochures, catalogs, etc.) (PDF Fo r ONLY)
DO NOT UPLOAD encrypted or password protected files.
Logo and Other Company Marks CES National PLC-AEPALogo
If you desire, please upload your company logo to be added to your individual profile page on the TIPS website. If any particular specifications are required for use of your company logo, please upload that information under the Supplem e
secWion or anoWher nonreTXireG secWion XnGer Whe ³5esponse $WWachPenW´ WaE. Preferred Logo Format: 300 x 225 px - .eps, .jpeg preferred
Certification of Corporate Offerer Form- COMPLETE ONLY
IF OFFERER IS A CORPORATION
CERTIFICATION OF CORPORATE OFFERER FO
COMPLETE AND UPLOAD FORM IN ATTACHMENTS SECTION ONLY IF OFFERER IS A CORPORATION Disclosure of Lobbying Activities Standard Form LLL Disclosure_of_Lobbying_Activities_Standard_Form _ ONLY IF you answered "I HAVE Lobbied per above" to attribute #66, please download and complete and upload the St )orPLLL, ³GisclosXre )orP Wo 5eporW LoEE\ing,´ in Whe 5esponse aWWachPenWs secWion.
Confidentiality Claim Form 220304 CONFIDENTIALITY CLAIM FO REQUIRED CONFIDENTIALITY FORM. PLEASE READ CAREFULLY AND FOLLOW THE INSTRUCTIONS. Complete the according to your company requirements, make any desired attach ments and upload to the appropriate section under "Response Attachments" THIS FORM DETERMINES HOW ESC8/TIPS RESPONDS TO LEGAL PUBLIC INFORMATION REQUESTS.
Current W-9 Tax Form W9 De
You are required by TIPS to upload a current W-9 Internal Reven ue Service (IRS) Tax Form for your entity. This form w utilized by TIPS to properly identify your entity.
Response Attachments
W9 Daniels Long Chevorlet.pdf
W9 Daniels Long Chevrolet
W9 Phil Long Motors LLC.pdf
W9 Phil Long Motors (Dodge Ram Chrysler Jeep)
W9 Hyundai.pdf
W9 Hyundai
Bid Attributes
1 Yes - No
Disadvantaged/Minority/Women Business Enterprise - D/M/WBE/Fede ral HUBZone (Required by some participating governmental entities). Vendor certifies that their firm is a D /M/WBE or HUBZone? Vendor must upload proof of certifi Wo Whe ´5esponse $WWachPenWs´ D0:%( &(57I)I&$7(6 secWion.
NO
2 Yes - No
Historically Underutilized Business - HUB (Required by some par ticipating governmental entities) Vendor certifies tha t firm is a HUB as defined by the State of Texas at https://compt roller.texas.gov/purchasing/vendor/hub/.
Proof may be submitted. 9enGor PXsW XploaG prooI oI cerWiIicaWion Wo Whe ³5esponse $WWachPenWs´ +8% &(57I)I&$7( section.
No
3 Yes - No
The Vendor can provide services and/or products to all 50 US St ates? Yes
4 States Served:
If answer is NO to question #3, please list which states can be served. (Example: AR, OK, TX) No response
5 Company and/or Product Description:
This information will appear on the TIPS website in the company profile section, if awarded a TIPS contract. (Limit 75 0 characters.)
Phil Long Dealerships, Inc. Is in the top 100 dealer groups in the country. Prividing multiple brands for all governme n agencies.
6 Primary Contact Name
Primary Contact Name
Rhett Butler
7 Primary Contact Title
Primary Contact Title
National Fleet Sales Manager
8 Primary Contact Email
Primary Contact Email
[email protected]
9 Primary Contact Phone
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
5055143552
1 0
Primary Contact Fax
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
No response
1 1
Primary Contact Mobile
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
5055143552
1 2
Secondary Contact Name
Secondary Contact Name
1 3
Secondary Contact Title
Secondary Contact Title
1 4
Secondary Contact Email
Secondary Contact Email
1 5
Secondary Contact Phone
Enter 10 digit phone number. (No dashes or extensions)
Example:
1 6
Secondary Contact Fax
Enter 10 digit phone number. (No dashes or extensions)
Example:
No response
1 7
Secondary Contact Mobile
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
1 8
Admin Fee Contact Name
Admin Fee Contact Name. This person is responsible for paying the admin fee to TIPS.
Rhett Butler
1 9
Admin Fee Contact Email
Admin Fee Contact Email
[email protected]
2 0
Admin Fee Contact Phone
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
5055143552
2 1
Purchase Order Contact Name
Purchase Order Contact Name. This person is responsible for receiving Purchase Orders from TIPS.
Rhett Butler
2 2
Purchase Order Contact Email
Purchase Order Contact Email
[email protected]
2 3
Purchase Order Contact Phone
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
5055143552
2 4
Company Website
Company Website (Format - www.company.com)
Phillong.com
2 5
Entity D/B/A's and Assumed Names
Please identify all of your entity's assumed names and D/B/A's. Please note that you will be identified publicly by the name under which you responded to this solicitation unless you organize otherwise with TIPS after award.
Phil Long Ford of Denver, LLC / Daniels Long Chevrolet / Phil Long Dodge Jeep Chrysler Ram / Phil Long Hyundai o Chapel Hills LLC
2 6
Primary Address
Primary Address
7887 W Tufts Ave
2 7
Primary Address City
Primary Address City
Littleton
2 8
Primary Address State
Primary Address State (2 Digit Abbreviation)
CO
2 9
Primary Address Zip
Primary Address Zip
80123
3 0
Search Words:
Please list search words to be posted in the TIPS database about your company that TIPS website users might sear c Words may be product names, manufacturers, or other words associated with the category of award. YOU MAY NOT NON-CATEGORY ITEMS. (Limit 500 words) (Format: product, paper, construction, manufacturer name, etc.) Automobiles, Trucks, Chassis Cabs, Police Vehicles, sedans, electric vehicles, SUV, specialty Vehicles, Pickup Truck Vans, Specialty Vans, dump trucks, service trucks.
3 1
Do you want TIPS Members to be able to spend Federal grant funds with you if awarded? Is it your intent able to sell to our members regardless of the fund source, whether it be local, state or federal? Most of our members receive Federal Government grants or other funding and they make up a significant portion of t budgets. The Members need to know if your company is willing to sell to them when they spend federal budget funds their purchase. There are attributes that follow that include provisions from the federal regulations in 2 CFR part 200 Your answers will determine if your award will be designated as eligible for TIPS Members to utilize federal funds with company.
Do you want TIPS Members to be able to spend Federal funds, at the Member's discretion, with you? Yes
3 2
Yes - No
Certification of Residency (Required by the State of Texas) The vendor's ultimate parent company or majority owner:
(A) has its principal place of business in Texas;
OR
(B) employs at least 500 persons in Texas?
This question is required as a data gathering function for information to our members making purchases with awarde vendors. It does not affect scoring with TIPS.
No
3 3
Company Residence (City)
Vendor's principal place of business is in the city of? Littleton, CO
3 4
Company Residence (State)
Vendor's principal place of business is in the state of? CO
3 5
Discount Offered - CAUTION READ CAREFULLY BECAUSE VENDORS FREQUENTLY MAKE MISTAKES O
THIS ATTRIBUTE QUESTION
Remember this is a MINIMUM discount percentage. So, be sure that the discount percentage inserted here can be a to ANY OFFERING OF GOODS OR SERVICES THROUGHOUT THE LIFE OF THE CONTRACT.
CAUTION: BE CERTAIN YOU CAN HONOR THIS MINIMUMDISCOUNT PERCENTAGE ON ANY OFFERED SERVICE O GOOD NOW OR DURING THE LIFE OF THE CONTRACT.
What is the MINIMUM percentage discount off of any item or service you offer to TIPS Members that is in your regul a
catalog (as defined in the solicitation specifications document), website, store or shelf pricing or when adding new g o services to your offerings during the life of the contract? The resulting price of any goods or services Catalog list pri c after this discount is applied is a ceiling on your pricing and not a floor because, in order to be more competitive in t h individual circumstance, you may offer a larger discount depending on the items or services purchased and the qua n time of sale. Please note that any specific greater discount offered for a particular product, brand, or service listed i n Vendor's proposal will control and Vendor will be required to honor that greater specific discount, in excess of the min discount, for that particular product, brand, or service for the life of the contract.
Must answer with a number between 0% and 100%.
0%
3 6
MINIMUM Discount Term
Does the vendor agree to at least offer, for the life of the Agreement, the Minimum Discount Percentage off list or ca t proposed by Vendor in response to the Attribute entitled "Discount Offered - CAUTION READ CAREFULLY BECAUSE VENDORS FREQUENTLY MAKE MISTAKES ON THIS ATTRIBUTE QUESTION"? TIPS will utilize this response to satis Long Term Cost scoring evaluation criteria. A "YES" answer will be awarded the maximum 10 points for this criterion o the 100 total points and a "NO" answer is awarded 0 points.
YES
3 7
Yes - No
If awarded on this TIPS Contract, for the duration of the Contract, Vendor agrees to provide, upon request, their the n current catalog pricing, as defined in the solicitation and below, to TIPS upon request for any goods and services off e Vendor's TIPS Contract.
"Catalog" means the available list of tangible personal property or services, in the most current listing, regardless of d during the life of the contract, that takes the form of a catalog, price list, schedule, shelf price or other form that:
A. is regularly maintained by the manufacturer or Vendor of an item; and B. is either published or otherwise available for insp ection by a customer during the purchase process; C. to which the minimum discount proposed by the propo sing Vendor may be applied.
YES
3 8
TIPS Administration Fee
By submitting a proposal, I agree that all pricing submitted to TIPS shall include the Administration Fee, as designate the solicitation or as otherwise agreed in writing which shall be remitted to TIPS by the Vendor, or the vendor's name d resellers, and as agreed to in the Vendor Agreement. I agree that the fee shall not and will not be added by the Ven d separate line item on a TIPS member invoice, quote, proposal or any other written communications with the TIPS me m
3 9
Yes - No
Vendor agrees to remit to TIPS the required administration fee or, if resellers are named, Vendor agrees to guarante e fee remittance by or for the reseller named by the vendor? 7IP6(6& 5egion is reTXireG E\ 7e[as *oYernPenW &oGe Wo Ee coPpensaWeG Ior iWs ZorN anG WhXs, IailXre W o shall render your response void and it will not be considered.
Agreed
4 0
TIPS Administration Fee Paid by Vendor - Not Charged to Customer Vendor understands and agrees that it owes TIPS a TIPS Administ ration Fee (published in the RFP/RCSP docum every TIPS sale made under an awarded TIPS Contract. Vendor fu rther understands and agrees that Vendor shall pricing with this proposal which includes and accounts for the TIPS Administration Fee and shall never separately the TIPS Member Customer the TIPS fee or add the TIPS Administr ation Fee line item to an invoice or similar p u GocXPenW. 6XEPission oI Whis proposal is 9enGor¶s cerWiIicaWio n WhaW 9enGor agrees Wo Whis PanGaWor\ WerP. 4 1
Additional Discounts?
Do you offer additional discounts to TIPS members for large ord er quantities or large scope of work? Yes
4 2
Years in Business as Proposing Company
Years in business as proposing company?
75 4
3 Resellers:
Does the vendor have resellers that it will name under this con tract? Resellers are defined as other companies that s your products under an agreement with you, the awarded vendor o f TIPS.
EXAMPLE: BIGmart is a reseller of ACME brand televisions. If ACME were a TIPS awarded vendor, then ACME would BIGmart as a reseller.
(If applicable, Vendor should add all Authorized Resellers with in the TIPS Vendor Portal upon award).
No
4 4
Right of Refusal
The proposing vendor has the right not to sell under the awarde d agreement with a TIPS member at vendor's discre t unless required by law.
4 5
NON-COLLUSIVE BIDDING CERTIFICATE
By submission of this bid or proposal, the Bidder certifies tha t:
1) This bid or proposal has been independently arrived at without collusion with any other Bidder or with any Compet 2) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of or proposals for this project, to any other Bidder, Competitor or potential competitor:
3) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to su b bid or proposal;
4) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the penalties being applicable to the Bidder as well as to the pe r
signing in its behalf.
Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. 4 6
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ - Do you have any CONFLICT OF INTEREST T O REPORT OR DISCLOSE under this statutory requirement?
Do you have any CONFLICT OF INTEREST TO REPORT OR DISCLOSE under this statutory requirement? YES or N If you have a conflict of interest as described in this form or the Local Government Code Chapter 176, cited therein- y are required to complete and file with TIPS.
The Form CIQ is one of the attachments to this solicitation.
There is an optional upload for this form provided if you have a conflict and must file the form No
4 7
Filing of Form CIQ
If yes (above), have you filed a form CIQ by uploading the form to this RFP as directed above? No response
4 8
Regulatory Standing
I certify to TIPS for the proposal attached that my company is in good standing with all governmental agencies Feder state that regulate any part of our business operations. If not, please explain in the next attribute question.
Yes
4 9
Regulatory Standing
Regulatory Standing explanation of no answer on previous questi on.
No response
5 0
Antitrust Certification Statements (Tex. Government Code § 2155.005) By submission of this bid or proposal, the Bidder certifies tha t:
I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below;
(2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texa Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15 ; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; (4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of th i
to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the sa m of business as the Company.
5 1
Suspension or Debarment Instructions
Instructions for Certification:
1. By answering yes to the next Attribute question below, the vendor and prospective lower tier participant is providing certification set out herein in accordance with these instructions.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transa was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification in addition to other remedies available to the federal government, the department or agency with which t h
transaction originated may pursue available remedies, including suspension and / or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitt e has become erroneous by reason of changed circumstances. . 7he WerPs ³coYereG WransacWion,´ ³GeEarreG,´ ³sXspenGeG,´ ³ineligiEle,´ ³loZer Wier coYereG WransacWion,´ ³parWicipa n ³person,´ ³priPar\ coYereG WransacWion,´ ³principal,´ ³proposal´ anG ³YolXnWaril\ e[clXGeG,´ as XseG in Whis claXse, ha Y meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may c o the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transactio n
entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, susp e declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled ³&erWiIicaWion 5egarGing DeEarPenW, 6Xspension, IneligiEiliW\ anG 9olXnWar\ ([clXsionLoZer 7ier &oYereG 7ransacWio without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier cove r
transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless knows that the certification is erroneous. A participant may decide the method and frequency by which it determines t eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to r in good faith the certification required by this clause. The knowledge and information of a participant is not required t exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transactio n
knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or volunt a excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension a n debarment.
5 2
Suspension or Debarment Certification
By answering yes, you certify that no federal suspension or debarment is in place, which would preclude receiving a federally funded contract as described above.
Yes
5 3
Non-Discrimination Statement and Certification
In accordance with Federal civil rights law, all U.S. Departments, including the U.S. Department of Agriculture (USDA) rights regulations and policies, the USDA, its Agencies, office s, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, g identity (including gender expression), sexual orientation, dis ability, age, marital status, family/parental status, incom e derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in an y program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filin g deadlines vary by program or incident.
Persons with disabilities who require alternative means of comm unication for program information (e.g., Braille, large audiotape, American Sign Language, etc.) should contact the res ponsible Agency or USDA's TARGET Center at (20 2 2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than Engli sh.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, fou online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA provide in the letter all of the information requested in the f orm. To request a copy of the complaint form, call (866) 6 3 9992. Submit your completed form or letter to USDA by: (1) mail : U.S. Department of Agriculture, Office of the Assist a Secretary for Civil Rights, 1400 Independence Avenue, SW, Washi ngton, D.C. 20250-9410; (2) fax: (202) 690-7442; email: [email protected].
(Title VI of the Education Amendments of 1972; Section 504 of t he Rehabilitation Act of 1973; the Age Discrimination 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Di sabilities Act; and FNS Instruction 113-1, Civil Rights &oPpliance anG (nIorcePenW ± 1XWriWion PrograPs anG $cWiYiWies
All U.S. Departments, including the USDA are equal opportunity provider, employer, and lender.
Not a negotiable term. Failure to agree by answering YES will r ender your proposal non-responsive and it will not be considered. I certify that in the performance of a contract wit h TIPS or its members, that our company will conform to t foregoing anti-discrimination statement and comply with the cit ed and all other applicable laws and regulations.
Yes, I certify (Yes)
5 4
2 CFR PART 200 Contract Provisions Explanation
Required Federal contract provisions of Federal Regulations for Contracts for contracts with ESC Region 8 and TIP S Members:
The following provisions are required to be in place and agreed if the procurement is funded in any part with federal f The ESC Region 8 and TIPS Members are the subgrantee or Subreci pient by definition. Most of the provisions are l o in &)5 P$57 $ppenGi[ II Wo ParW ²&onWracW ProYisions Ior 1on)eGeral (nWiW\ &onWracWs 8nGer )eGeral $ Z at 2 CFR PART 200. Others are included within 2 CFR part 200 et al.
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non- F entity under the Federal award must contain provisions covering the following, as applicable.
5 5
2 CFR PART 200 Contracts
Contracts for more than the simplified acquisition threshold cu rrently set at $250,000, which is the inflation adjusted a determined by the Civilian Agency Acquisition Council and the D efense Acquisition Regulations Council (Councils) a s authorized by 41 U.S.C. 1908, must address administrative, cont ractual, or legal remedies in instances where contra c violate or breach contract terms, and provide for such sanction s and penalties as appropriate.
Notice: Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region TIPS Members reserves all rights and privileges under the appli cable laws and regulations with respect to this procu r in the event of breach of contract by either party.
Does vendor agree?
Yes
5 6
2 CFR PART 200 Termination
Termination for cause and for convenience by the grantee or sub grantee including the manner by which it will be eff e and the basis for settlement. (All contracts in excess of $10,0 00) Pursuant to the above, when federal funds are expended by ESC R egion 8 and TIPS Members, ESC Region 8 and T Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for cause af ter giving the vendor an appropriate opportunity and 30 days, to cure the causal breach of terms and conditions. ESC Region 8 and TIPS Members reserves the right to terminate any agreement in e xcess of $10,000 resulting from this procurement p for convenience with 30 days notice in writing to the awarded v endor. The vendor would be compensated for work performed and goods procured as o f the termination date if for convenience of the E
Region 8 and TIPS Members. Any award under this procurement pro cess is not exclusive and the ESC Region 8 and reserves the right to purchase goods and services from other ve ndors when it is in the best interest of the ESC Regi o and TIPS.
Does vendor agree?
Yes
5 7
2 CFR PART 200 Clean Air Act
&lean $ir $cW
8.6.&. T.
anG Whe )eGeral :aWer Pol lXWion &onWrol $cW
8.6.&.
, as aPe
Contracts and subgrants of amounts in excess of $150,000 must c ontain a provision that requires the non-Federal a w agree to comply with all applicable standards, orders or regula tions issued pursuant to the Clean Air Act (42 U.S.C 7671q) and the Federal Water Pollution Control Act as amended ( 33 U.S.C. 1251-1387). Violations must be reporte d Federal awarding agency and the Regional Office of the Environm ental Protection Agency (EPA).
Pursuant to the Clean Air Act, et al above, when federal funds are expended by ESC Region 8 and TIPS Membe r Region 8 and TIPS Members requires that the proposer certify th at during the term of an award by the ESC Region 8 and TIPS Members resulting from th is procurement process the vendor agrees to with all of the above regulations, including all of the terms l isted and referenced therein.
Does vendor agree?
Yes
5 8
2 CFR PART 200 Byrd Anti-Lobbying Amendment
%\rG $nWiLoEE\ing $PenGPenW
8.6.&.
²&onWracWors WhaW appl\ or EiG Ior an aZarG e[ceeGing , P the required certification. Each tier certifies to the tier abo ve that it will not and has not used Federal appropriated fu n pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a me m Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining a Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying wit h Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier up to the non-Federal award.
Pursuant to the above, when federal funds are expended by ESC R egion 8 and TIPS Members, ESC Region 8 and T Members requires the proposer certify that during the term and during the life of any contract with ESC Region 8 and Members resulting from this procurement process the vendor cert ifies to the terms included or referenced herein.
Does vendor agree?
Yes
5 9
2 CFR PART 200 Federal Rule
Compliance with all applicable standards, orders, or requiremen ts issued under section 306 of the Clean Air Act (42 U 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protectio n Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $250,000) Pursuant to the above, when federal funds are expended by ESC R egion 8 and TIPS Members, ESC Region 8 and T Members requires the proposer certify that in performance of th e contracts, subcontracts, and subgrants of amounts excess of $250,000, the vendor will be in compliance with all a pplicable standards, orders, or requirements issued u n section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 5 08 of the Clean Water Act (33 U.S.C. 1368), Executiv e 11738, and Environmental Protection Agency regulations (40 CFR part 15).
Does vendor certify that it is in compliance with the Clean Air Act? Yes
6 0
2 CFR PART 200 Procurement of Recovered Materials
A non-Federal entity that is a state agency or agency of a poli tical subdivision of a state and its contractors must co m with section 6002 of the Solid Waste Disposal Act, as amended b y the Resource Conservation and Recovery Act. Th requirements of Section 6002 include procuring only items desig nated in guidelines of the Environmental Protection A (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purc hase price of the item exceeds $10,000 or the value of quantity acquired during the preceding fiscal year exceeded $10 ,000; procuring solid waste management services in manner that maximizes energy and resource recovery; and establi shing an affirmative procurement program for procurement of recovered materials identified in the EPA guidel ines.
Does vendor certify that it is in compliance with the Solid Was te Disposal Act as described above? Yes
6 1
2 CFR PART 200 Rights to Inventions
II Whe )eGeral aZarG PeeWs Whe GeIiniWion oI ³IXnGing agreePenW ´ XnGer &)5 . a
anG Whe recipienW or sXEr e
wishes to enter into a contract with a small business firm or n onprofit organization regarding the substitution of p assignPenW or perIorPance oI e[periPenWal, GeYelopPenWal, or re search ZorN XnGer WhaW ³IXnGing agreePenW,´ Whe r e or sXErecipienW PXsW coPpl\ ZiWh Whe reTXirePenWs oI &)5 Par W , ³5ighWs Wo InYenWions 0aGe E\ 1 o 2rgani]aWions anG 6Pall %Xsiness )irPs 8nGer *oYernPenW *ranWs, &onWracWs anG &ooperaWiYe $greePenWs,´ a implementing regulations issued by the awarding agency.
Pursuant to the above, when the foregoing applies to ESC Region 8 and TIPS Members, Vendor certifies that du r term of an award resulting from this procurement process, Vendo r agrees to comply with all applicable requirem e referenced in the Federal rule above.
Does vendor agree?
Yes
6 2
2 CFR PART 200 Domestic Preferences for Procurements
As appropriate and to the extent consistent with law, the non-F ederal entity should, to the greatest extent practicabl e a Federal award, provide a preference for the purchase, acquisi tion, or use of goods, products, or materials prod u the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured product s requirements of this section must be included in all subawards including all contracts and purchase orders for w proGXcWs XnGer Whis aZarG. )or pXrposes oI &)5 ParW ., ³ProGXceG in Whe 8niWeG 6WaWes´ Peans, Ior iron a n products, that all manufacturing processes, from the initial me lting stag through the application of coatings, occurre d 8niWeG 6WaWes. 0oreoYer, Ior pXrposes oI &)5 ParW ., ³0 anXIacWXreG proGXcWs´ Peans iWePs anG cons W materials composed in whole or in part of non-ferrous metals su ch as aluminum, plastics and polymer-based produc as polyvinyl chloride pipe, aggregates such as concrete, glass, including optical fiber, and lumber.
Pursuant to the above, when federal funds are expended by ESC R egion 8 and TIPS Members, Vendor certifies th a greatest extent practicable Vendor will provide a preference fo r the purchase, acquisition, or use of goods, prod u materials produced in the United States (including but not limi ted to iron, aluminum, steel, cement, and other manuf a products).
Does vendor agree?
Yes
6 3
2 CFR PART 200 Ban on Foreign Telecommunications
)eGeral granW IXnGs Pa\ noW Ee XseG Wo pXrchase eTXipPenW, serY ices, or s\sWePs WhaW Xse ³coYereG WelecoPPXni c equipment or services as a substantial or essential component o f any system, or as critical technology as part s\sWeP. ³&oYereG WelecoPPXnicaWions´ Peans pXrchases IroP +XaZe i 7echnologies &oPpan\ or =7( &orporaWion subsidiary or affiliate of such entities), and video surveillan ce and telecommunications equipment produced by Communications Corporation, Hangzhou Hikvision Digital Technolo gy Company, or Dahua Technology Company subsidiary or affiliate of such entities).
Pursuant to the above, when federal funds are expended by ESC R egion 8 and TIPS Members, Vendor certifi 9enGor Zill noW pXrchase eTXipPenW, serYices, or s\sWePs WhaW X se ³coYereG WelecoPPXnicaWions´, as GeIineG E\ . eTXipPenW or serYices as a sXEsWanWial or essenWial co PponenW oI an\ s\sWeP, or as criWical Wechnolog\ as any system.
Does vendor agree?
Yes
6 4
2 CFR PART 200 Contract Cost & Price
For contracts more than the simplified acquisition threshold currently set at $250,000, a TIPS Member may, in v e circumstances, be required to negotiate profit as a separate element of the price pursuant to 2 C.F.R. 200.324(b). those circumstances, Vendor agrees to provide information and negotiate with the TIPS Member regarding pro separate element of the price. However, Vendor certifies that the total price charged by the Vendor shall not exc e
9enGor¶s 7IP6 pricing anG pricing WerPs proposeG.
Does Vendor Agree?
Yes
6 5
FEMA Fund Certifications
6XEPission oI Whis proposal is 9enGor¶s cerWiIicaWion WhaW 9enGor agrees Wo Whis WerP. 9enGor cerWiIies WhaW IF an d Vendor accepts a TIPS purchase paid for in full or part with FEMA funds, Vendor certifies that:
(1) Vendor agrees to provide the TIPS Member, the FEMA Administrator, the Comptroller General of the United St a any of their authorized representatives access to and rights to reproduce any books, documents, papers, and re c the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excer p transcriptions. The Vendor agrees to provide the FEMA Administrator or an authorized representatives ac c construction or other work sites pertaining to the work being completed under the contract. Vendor acknowledg agrees that no language in this contract or the contract with the TIPS Member is intended to prohibit audits or i reviews by the FEMA Administrator or the Comptroller General of the United States.
7he 9enGor shall noW Xse Whe DeparWPenW oI +oPelanG 6ecXriW\¶s seal s
, logos, cresWs, or reproGXcWions oI
I
likenesses of DHS agency officials without specific FEMA pre-approval. (3) The Vendor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedur e directives.
(4) The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to t h
Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. (5) The Vendor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) Wo Whe 9enGor¶s acWions perWaining Wo Whis conWracW.
6 6
Certification of Compliance with the Energy Policy and Conservation Act When appropriate and to the extent consistent with the law, Vendor certifies that it will comply with the Energy Pol Conservation Act (42 U.S.C. 6321 et seq; 49 C.F.R. Part 18) and any mandatory standards and policies relating to efficiency which are contained in applicable state energy conservation plans issued in compliance with the Act.
Does Vendor agree?
Yes
6 7
Certification Regarding Lobbying
Applicable to Grants, Subgrants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by section Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shall be subject to a civil p
of not less than $10,000 and not more than $100,000 for each such failure.
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person f influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or em p of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the ma a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, contin u renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing o r attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of cong or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the under s shall coPpleWe anG sXEPiW 6WanGarG )orPLLL, ³GisclosXre )orP Wo 5eporW LoEE\ing,´ in accorGance ZiWh iWs insWrXcWi (3) The undersigned shall require that the language of this certification be included in the award documents for all c o
subawards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and di s accordingly.
I HAVE NOT Lobbied per above
6 8
If you answered "I HAVE lobbied" to the above Attribute Question If you answered "I HAVE lobbied" to the above Attribute question, you must download the Lobbying Report "Standard LLL, disclosure Form to Report Lobbying" which includes instruction on completing the form, complete and submit it i Response Attachments section as a report of the lobbying activities you performed or paid others to perform. 6 9
Subcontracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus A Firms.
Do you ever anticipate the possibility of subcontracting any of your work under this award if you are successful? IF NO, DO NOT ANSWER THE NEXT ATTRIBUTE QUESTION. . IF YES, and ONLY IF YES, you must answer the next question YES if you want a TIPS Member to be authorized to spend Federal Grant Funds for Procurement.
NO
7 0
ONLY IF YES TO THE PREVIOUS QUESTION OR if you ever do subcontract any part of your performanc under the TIPS Agreement, do you agree to comply with the following federal requirements? ONLY IF YES TO THE PREVIOUS QUESTION OR if you ever do subcontract any part of your performance under the Agreement,
do you agree to comply with the following federal requirements? )eGeral 5egXlaWion &)5 . &onWracWing ZiWh sPall anG PinoriW\ EXsinesses, ZoPen s EXsiness enWerprises,
labor surplus area firms. (a)The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b) Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum partici by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and mino businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration a n
Minority Business Development Agency of the Department of Commerce ; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs(1) t (5) of this section.
No response
7 1
Indemnification
The ESC Region 8 and TIPS is a Texas Political Subdivision and a local governmental entity; therefore, is prohibited f indemnifying third parties pursuant to the Texas Constitution (Article 3, Section 52) except as specifically provided by as
ordered by a court of competent jurisdiction. A provision in a contract to indemnify or hold a party harmless is a prom pay for
any expenses the indemnified party incurs, if a specified event occurs, such as breaching the terms of the contract o negligently
performing duties under the contract. Article III, Section 49 of the Texas Constitution states that "no debt shall be cre a
or on
behalf of the State ... " The Attorney General has counseled that a contractually imposed obligation of indemnity cre a
"debt" in
the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Contract clauses which require the System or instit u
to
indemnify must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texa s
Liquidated
damages, attorney's fees, waiver of vendor's liability, and waiver of statutes of limitations clauses should also be del e
qualified
with "to the extent permitted by the Constitution and laws of State of Texas." Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do yo u
agree
to these terms?
Yes, I Agree (Yes)
7 2
Remedies
The parties shall be entitled to exercise any right or remedy a vailable to it either at law or in equity, subject to the ch o law, venue
and service of process clauses limitations agreed herein. Nothi ng in this agreement shall commit the TIPS to an arbit r resolution
of any disagreement under any circumstances. Any Claim arising out of or related to the Contract, except for those specifically waived
under the terms of the Contract, may, after denial of the Board of Directors, be subject to mediation at the request o f
party. Any
issues not resolved hereunder MAY be referred to non-binding me diation to be conducted by a mutually agreed upo n
mediator as a
prereTXisiWe Wo Whe Iiling oI an\ laZsXiW oYer sXch issXe s
. 7 he parWies shall share Whe PeGiaWor¶s Iee anG an\ associ a filing fee
equally. Mediation shall be held in Camp or Titus County, Texas . Agreements reached in mediation shall be reduced t writing, and
will be subject to the approval by the District's Board of Dire ctors, signed by the Parties if approved by the Board of Directors, and, if
signed, shall thereafter be enforceable as provided by the laws of the State of Texas.
Do you agree to these terms?
Yes, I Agree
7 3
Remedies Explanation of No Answer
No response
7 4
Choice of Law
The agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, c onstrued and enforced in accordance with the law s State of Texas, regardless of any conflict of laws principles.
THIS DOES NOT APPLY to a vendor's agreement entered into with a TIPS Member, as the Member may be located o Texas.
Do you agree to these terms?
Agreed
7 5
Venue, Jurisdiction and Service of Process
Any proceeding, involving Region 8 ESC or TIPS, arising out of or relating to this procurement process or any contra issued by TIPS resulting from or any contemplated transaction s hall be brought in a court of competent jurisdiction in County, Texas and each of the parties irrevocably submits to th e exclusive jurisdiction of said court in any such proc e waives any objection it may now or hereafter have to venue or t o convenience of forum, agrees that all claims in res p the Proceeding shall be heard and determined only in any such c ourt, and agrees not to bring any proceeding arisin of or relating to this procurement process or any contract resu lting from or any contemplated transaction in any othe r The parties agree that either or both of them may file a copy o f this paragraph with any court as written evidence of t knowing, voluntary and freely bargained for agreement between t he parties irrevocably to waive any objections to ve to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served o n party anywhere in the world. Any dispute resolution process oth er than litigation shall have venue in Camp County o r County Texas.
Do you agree to these terms?
Agreed
7 6
Infringement(s)
The successful vendor will be expected to indemnify and hold ha rmless the TIPS and its employees, officers, agents, representatives, contractors, assignees and designees from any and all third party claims and judgments involving infringement of patent, copyright, trade secrets, trade or serv ice marks, and any other intellectual or intangible prop e righWs aWWriEXWeG Wo or claiPs EaseG on Whe 9enGor
s proposal o r 9enGor¶s perIorPance oI conWracWs aZarGeG anG ap p Do you agree to these terms?
Yes, I Agree
7 7
Infringement(s) Explanation of No Answer
No response
7 8
Contract Governance
Any contract made or entered into by the TIPS is subject to and is to be governed by Section 271.151 et seq, Tex Lo Code. Otherwise, TIPS does not waive its governmental immunities from suit or liability except to the extent expressly by other applicable laws in clear and unambiguous language.
Yes, I Agree (Yes)
7 9
Payment Terms and Funding Out Clause
Payment Terms:
TIPS or TIPS Members shall not be liable for interest or late p ayment fees on past-due balances at a rate higher tha n permitted by the laws or regulations of the jurisdiction of the TIPS Member.
Funding Out Clause:
9enGor agrees Wo aEiGe E\ Whe laZs anG regXlaWions, inclXGing 7 e[as Local *oYernPenW &oGe . , or an\ sWaW
X
or regulatory limitations of the jurisdiction of any TIPS Membe r which governs contracts entered into by the Vendor a n TIPS or a TIPS Member that requires all contracts approved by T IPS or a TIPS Member are subject to the budgeting appropriation of currently available funds by the entity or its governing body.
See statute(s) for specifics or consult your legal counsel.
Not a negotiable term. Failure to agree will render your propos al non-responsive and it will not be considered.
Do you agree to these terms?
Yes, I Agree (Yes)
8 0
Insurance and Fingerprint Requirements Information
Insurance
If applicable and your staff will be on TIPS member premises for delivery, training or installation etc. and/or with an automobile, you must carry automobile insurance as required by law. You may be asked to provide proof of insurance.
Fingerprint
It is possible that a vendor may be subject to Chapter 22 of the Texas Education Code. The Texas Education Code, C 22, Section 22.0834 & 22.08341. Statutory language may be found at: http://www.statutes.legis.state.tx.us/ If the vendor has staff that meet both of these criterion:
(1) will have continuing duties related to the contracted services; and (2) has or will have direct contact with students
7hen \oX haYe ´coYereG´ ePplo\ees Ior pXrposes oI coPpleWing Whe aWWacheG IorP.
TIPS recommends all vendors consult their legal counsel for guidance in compliance with this law. If you have questi o
how to comply, see below. If you have questions on compliance with this code section, contact the Texas Department Public Safety Non-Criminal Justice Unit, Access and Dissemination Bureau, FAST-FACT at [email protected] and you should send an email identifying you as a contractor to a Texas Independent Schoo District or ESC Region 8 and TIPS. Texas DPS phone number is (512) 424-2474.
See form in the next attribute to complete entitled:
Texas Education Code Chapter 22 Contractor Certification for Contractor Employees
8 1
Texas Education Code Chapter 22 Contractor Certification for Contractor Employees Introduction: Texas Education Code Chapter 22 requires entities that contract with school districts to provide service s obtain criminal history record information regarding covered employees. Contractors must certify to the district that t h have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school distri c Definitions: Covered employees: Employees of a contractor or subcontractor 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 w i 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, t h
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 offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the another state.
I certify that:
NONE (Section A) of the employees of Contractor and any subcontractors are covered employees, as defined abo v
this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that the employees of Contractor and any subcontractor will not become covered employees. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided.
OR
SOME (Section B) or all of the employees of Contractor and any subcontractor are covered employees. If this box i s checked, I further certify that:
(1) Contractor has obtained all required criminal history record information regarding its covered employees. None o f covered employees has a disqualifying criminal history. (2) If Contractor receives information that a covered employee subsequently has a reported criminal history, Contrac t
immediately remove the covered employee from contract duties and notify the District in writing within 3 business da y (3) Upon request, Contractor 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 hi record information, Contractor 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.
None
8 2
Texas Business and Commerce Code § 272 Requirements as of 9-1-2017 SB 807 prohibits construction contracts to have provisions requiring the contract to be subject to the laws of another to be required to litigate the contract in another state, or to require arbitration in another state. A contract with such proYisions is YoiGaEle. 8nGer Whis neZ sWaWXWe, a ³consWrXcWion conWracW´ inclXGes conWracWs, sXEconWracWs, or agreeP e
with (among others) architects, engineers, contractors, construction managers, equipment lessors, or materials supp ³&onsWrXcWion conWracWs´ are Ior Whe Gesign, consWrXcWion, alWe raWion, renoYaWion, rePoGeling, or repair oI an\ EXilGing improvement to real property, or for furnishing materials or eq uipment for the project. The term also includes moving ,
demolition, or excavation. BY RESPONDING TO THIS SOLICITATION, AND WHEN APPLICABLE, THE PROPOSER AG 72 &20PL< :I7+ 7+( 7(;$6 %86I1(66 $1D &200(5&( &2D( :+(1 (;(&87I1* &2175$&76 :I7+ 7 MEMBERS THAT ARE TEXAS GOVERNMENT ENTITIES.
8 3
Texas Government Code 2270 & 2271 Verification Form
Texas Government Code 2270 & 2271 Verification Form
If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreeme n value of $100,000 or more, the following certification shall apply; otherwise, this certification is not required. Pur s Chapter 2271 of the Texas Government Code, the Vendor hereby certifies and verifies that neither the Vendor, n affiliate, subsidiary, or parent company of the Vendor, if any (the "Vendor Companies"), boycotts Israel, and the V agrees that the Vendor and Vendor Companies will not boycott Israel during the term of this Agreement. For purp o this Agreement, the term "boycott" shall mean and include refusing to deal with, terminating business activities w otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with I s with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action m ordinary business purposes.
Our entity further certifies that it is is not listed on and we do not do business with companies prohibited by Government Code 2270 or that are on the Texas Comptroller of Public Accounts list of Designated Foreign Te Organizations per Texas Gov't Code 2270.0153 found at https://comptroller.texas.gov/purchasing/docs/foreign-terror I swear and affirm that the above is true and correct.
YES
8 4
Logos and other company marks
Please upload your company logo to be added to your individual profile page on the TIPS website. If any particular specifications are required for use of your company logo, please upload that information under the "Logo and Other &oPpan\ 0arNs secWion XnGer Whe ³5esponse $WWachPenW´ WaE. Preferred Logo Format: 300 x 225 px - .png, .eps, .j p
preferred
Potential uses of company logo:
* Your Vendor Profile Page of TIPS website
* Potentially on TIPS website scroll bar for Top Performing Vendors * TIPS Quarterly eNewsletter sent to TIPS Members
* Co-branding Flyers and or email blasts to our TIPS Members (Permission and approval will be obtained before pub l
8 5
Solicitation Deviation/Compliance
Does the vendor agree with the General Conditions Standard Terms and Conditions or Item Specifications listed in this proposal invitation? Yes
8 6
Solicitation Exceptions/Deviations Explanation
If the bidder intends to deviate from the General Conditions Standard Terms and Conditions or Item Specifications lis t this proposal invitation, all such deviations must be listed on this attribute, with complete and detailed conditions and information included or attached.
TIPS will consider any deviations in its proposal award decisions, and TIPS reserves the right to accept or reject any based upon any deviations indicated below or in any attachments or inclusions.
In the absence of any deviation entry on this attribute, the proposer assures TIPS of their full compliance with the St a
Terms and Conditions, Item Specifications, and all other information contained in this Solicitation.
No response
8 7
Agreement Deviation/Compliance
Does the vendor agree with the language in the Vendor Agreement ? Yes
8 8
Agreement Exceptions/Deviations Explanation
If the proposing Vendor desires to deviate form the Vendor Agreement language, all such deviations must be listed o attribute, with complete and detailed conditions and information included. TIPS will consider any deviations in its pro p award decisions, and TIPS reserves the right to accept or reject any proposal based upon any deviations indicated b e In the absence of any deviation entry on this attribute, the proposer assures TIPS of their full compliance with the Ve n Agreement.
No response
8 9
Felony Conviction Notice
7e[as (GXcaWion &oGe, 6ecWion ., 1oWiIicaWion oI &riPinal +isWor\, 6XEsecWion a
, sWaWes ³a person or EXsiness e
that enters into a contract with a school district 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 c resXlWing in Whe conYicWion oI a Ielon\.´ 6XEsecWion
E
sWaWes ³a school GisWricW Pa\ WerPinaWe a conWracW ZiWh a person business entity if the district determines that the person or business entity failed to give notice as required by Subse c
(a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business e Ior serYices perIorPeG EeIore Whe WerPinaWion oI Whe conWracW.´ c
This section does not apply to a publicly held corp o
The person completing this proposal certifies that they are authorized to provide the answer to this question.
Select A., B. or C.
A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable.
OR B.My firm is not owned nor operated by anyone who has been convicted of a felony, OR C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony. (if you answe below, you are required to provide information in the next attribute.
B. Firm not owned nor operated by felon; per above
9 0
If you answered C. My Firm is owned or operated by a felon to the previous question, you are REQUIRED ANSWER THE FOLLOWING QUESTIONS.
If you answered C. My Firm is owned or operated by a felon to t he previous question, you must provide the following information.
1. Name of Felon(s)
2. The named person's role in the firm, and
3. Details of Conviction(s).
No response
9 1
Required Confidentiality Claim Form
Required Confidentiality Claim Form
This completed form is required by TIPS. By submitting a respon se to this solicitation you agree to download from th e ³$WWachPenWs´ secWion, coPpleWe accorGing Wo Whe insWrXcWions o n Whe IorP, When XploaG Whe coPpleWeG IorP, ZiWh an\ conIiGenWial aWWachPenWs, iI applicaEle, Wo Whe ³5esponse $WWac hPenWs´ secWion WiWleG ³&onIiGenWialiW\ )orP´ in orGer Wo proYiGe Wo 7IP6 Whe coPpleWeG IorP WiWleG, ³&21)ID(17I$LI7< &L$I0 )250´. THIS REQUIRED PROCESS IS THE O
WAY TO DEEM PROPOSAL DOCUMENTATION CONFIDENTIAL ANY OTHER CONFIDENTIAL DESIGNATION WILL BE DISREGARDED UNLESS THE DOCUMENT IS IDENTIFIED BY AND ATTACHED TO THE REQUIRED FORM. By comp this process, you provide us with the information we require to comply with the open record laws of the State of Texa s they may apply to your proposal submission. If you do not prov ide the form with your proposal, an award will not be m your proposal is qualified for an award, until TIPS has an accu rate, completed form from you.
Read the form carefully before completing and if you have any q uestions, email [email protected]. 9 2
Member Access to Vendor Proposal
Notwithstanding any other information provided in this solicita tion or Vendor designation of certain documenta conIiGenWial or proprieWar\, 9enGor¶s accepWance oI Whis 7IP6 & onWracW consWiWXWes 9enGor¶s consenW Wo Whe Gisclo 9enGor¶s coPprehensiYe proposal, inclXGing an\ inIorPaWion GeeP eG conIiGenWial or proprieWar\, to TIPS Membe r proposing Vendor agrees that TIPS shall not be responsible or l iable for any use or distribution of inform a documentation by TIPS Members or any other party. By submitting this proposal, Vendor certifies the foregoing. 9 3
Choice of Law clauses with TIPS Members
If the vendor is awarded a contract with TIPS under this solici tation, the vendor agrees to make any Choice of Law cl a in any contract or agreement entered into between the awarded v endor and with a TIPS member entity to read as fol l "Choice of law shall be the laws of the state where the custome r resides" or words to that effect.
Agreed
9 4
Venue of dispute resolution with a TIPS Member
In the event of litigation or use of any dispute resolution mod el when resolving disputes with a TIPS member entity as result of a transaction between the vendor and TIPS or the TIPS member entity, the Venue for any litigation or other a upon model shall be in the state and county where the customer resides unless otherwise agreed by the parties at th the dispute resolution model is decided by the parties.
Agreed
9 5
Automatic renewal of contracts or agreements with TIPS or a TIPS member entity This clause DOES NOT prohibit multiyear contracts or agreements with TIPS member en tities.
Because TIPS and TIPS members are governmental entities subjec t to laws that control appropriations of funds duri n their fiscal years for contracts and agreements to provide good s and services, does the Vendor agree to limit any au t renewal clauses of a contract or agreement executed as a result of this TIPS solicitation award to not longer than "m o month" and at the TIPS contracted rate.
Agreed
9 6
Indemnity Limitation with TIPS Members
Texas and other states restrict by law or state Constitution th e ability of a governmental entity to indemnify others. TI P requires that any contract entered into between a vendor and TI PS or a TIPS Member as a result of an award under Solicitation limit the requirement that the Customer indemnify the Vendor by either eliminating any such indemnity requirement clauses in any agreements, contracts or other bindi ng documents OR by prefacing all indemnity clause s required of TIPS or the TIPS Member entity with the following: "To the extent permitted by the laws or the Constitutio n state where the customer resides, ".
Agreement is a required condition to award of a contract result ing from this Solicitation.
Agreed
9 7
Arbitration Clauses
Except for certain circumstances, TIPS forbids a mandatory arbi tration clause in any contract or agreement entered i between the awarded vendor with TIPS or a TIPS member entity. D oes the vendor agree to exclude any arbitration requirement in any contracts or agreement entered into between TIPS or a TIPS member entity through an awarded contract with TIPS?
Agreed
9 8
Required Vendor Sales Reporting
By responding to this Solicitation, you agree to report to TIPS all sales made under any awarded Agreement with TIPS. Vendor is required to report all sales under the TIPS contract to TIPS. If the TIPS Member entity requesting a p from the awarded Vendor requests the TIPS contract, Vendor must include the TIPS Contract number on any communications with the TIPS Member entity. If awarded, you will be provided access to the Vendor Portal. To report login Wo Whe 7IP6 9enGor PorWal anG clicN on Whe P2¶s anG Pa\Pe nWs WaE. Pages oI Whe Vendor Portal User Guide w walk you through the process of reporting sales to TIPS. Please refer to the TIPS $ccoXnWing )$4¶s for more informa about reporting sales and if you have further questions, contac t the Accounting Team at [email protected]. T Vendor or vendor assigned dealers are responsible for keeping r ecord of all sales that go through the TIPS Agreem e submitting same to TIPS.
9 9
Upload of Current W-9 Required
Please note that you are required by TIPS to upload a current W -9 Internal Revenue Service (IRS) Tax Form for you r entity. This form will be utilized by TIPS to properly identify your entity. 1 0
0 CERTIFICATION REGARDING BOYCOTTING CERTAIN ENERGY COMPANIES (Texas law as of Septembe 2021)
By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the follo w required by Texas law as of September 1, 2021:
If (a) company is not a sole proprietorship; (b) company has te n (10) or more full-time employees; and (c) this contra c a value of $100,000 or more that is to be paid wholly or partly from public funds, the following certification shall apply oWherZise, Whis cerWiIicaWion is noW reTXireG. PXrsXanW Wo 7e[. *oY¶W &oGe &h. oI 6% th session), the compa
hereby certifies and verifies that the company, or any wholly o wned subsidiary, majority-owned subsidiary, parent co m or affiliate of these entities or business associations, if any , does not boycott energy companies and will not boycott e coPpanies GXring Whe WerP oI Whe conWracW. )or pXrposes oI Whis conWracW, Whe WerP ³coPpan\´ shall Pean an organi] a association, corporation, partnership, joint venture, limited p artnership, limited liability partnership, or limited liability coPpan\, WhaW e[isWs Wo PaNe a proIiW. 7he WerP ³Eo\coWW energ\ coPpan\´ shall Pean ³ZiWhoXW an orGinar\ EXsiness purpose, refusing to deal with, terminating business activities with, or otherwise taking any action intended to penaliz e economic harm on, or limit commercial relations with a company because the company (a) engages in the exploratio n production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pled meet environmental standards beyond applicable federal and stat e law, or (b) does business with a company descri b paragraph
a
.´ See 7e[. *oY¶W &oGe 809.001(1).
1 0
1 CERTIFICATION PROHIBITING DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES (T law as of September 1, 2021)
By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the follo w required by Texas law as of September 1, 2021:
If (a) company is not a sole proprietorship; (b) company has at least ten (10) full-time employees; (c) this contract ha s YalXe oI aW leasW , WhaW is paiG Zholl\ or parWl\ IroP p XElic IXnGs
G
Whe conWracW is noW e[cepWeG XnGer 7e[. *
Code 2274.003 of SB 19 (87 th leg.); and (e) governmental entity has determined that company is not a sole-sourc e provider or governmental entity has not received any bids from a company that is able to provide this written verifica t Whe IolloZing cerWiIicaWion shall appl\
oWherZise, Whis cerWiI icaWion is noW reTXireG. PXrsXanW Wo 7e[. *oY¶W &oGe &h. SB 19 (87th session), the company hereby certifies and verifies that the c ompany, or association, corporation, partn e joint venture, limited partnership, limited liability partnersh ip, or limited liability company, including a wholly owned su b majority-owned subsidiary parent company, or affiliate of these entities or associations, that exists to make a profit, d o have a practice, policy, guidance, or directive that discrimina tes against a firearm entity or firearm trade association a not discriminate during the term of this contract against a fir earm entity or firearm trade association. For purposes of conWracW, ³GiscriPinaWe againsW a IirearP enWiW\ or IirearP Wra Ge associaWion´ shall Pean, ZiWh respecW Wo Whe enWiW\ or associaWion, Wo
³
reIXse Wo engage in Whe WraGe oI an\ gooG s or serYices ZiWh Whe enWiW\ or associaWion EaseG solel \ status as a firearm entity or firearm trade association; (2) re frain from continuing an existing business relationship wi t entity or association based solely on its status as a firearm e ntity or firearm trade association; or (3) terminate an exi s business relationship with the entity or association based sole ly on its status as a firearm entity or firearm trade association. See 7e[. *oY¶W &oGe .
oI 6%
. ³DiscriPinaWion againsW a IirearP enWiW\ or IirearP WraGe associaWion´ Goes noW inclXGe
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Whe esWaElisheG policies oI a PerchanW, reWail seller, or plaWIorP WhaW resWricW or pro h lisWing or selling oI aPPXniWion, IirearPs, or IirearP accessor ies anG
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goods or services, decision to refrain from continuing an exist ing business relationship, or decision to terminate an e x business relationship to comply with federal, state, or local l aw, policy, or regulations or a directive by a regulatory ag or for any traditional business reason that is specific to the customer or potential customer and not based solely on a enWiW\¶s or associaWion¶s sWaWXs as a IirearP enWiW\ or IirearP WraGe associaWion.´ See 7e[. *oY¶W &oGe 2274.001(3) o
19. 1
0 2
CERTIFICATION REGARDING CERTAIN FOREIGN-OWNED COMPANIES IN CONNECTION WITH CRITICA INFRASTRUCTURE (Texas law as of September 1, 2021)
By submitting a proposal to this Solicitation, you certify that you agree to the following required by Texas as of September 1, 2021:
Proposing Company is prohibited from entering into a contract o r other agreement relating to critical infrastructure th would grant to the company direct or remote access to or contro l of critical infrastructure in this state, excluding acce s
specifically allowed by the Proposing Company for product warra nty and support purposes. Company, certifies that n it nor its parent company nor any affiliate of company or its p arent company, is (1) owned by or the majority of stock o other ownership interest of the company is held or controlled b y individuals who are citizens of China, Iran, North Kor Russia, or a designated country; (2) a company or other entity, including governmental entity, that is owned or contr o citizens of or is directly controlled by the government of Chin a, Iran, North Korea, Russia, or a designated country; o r heaGTXarWereG in &hina, Iran, 1orWh .orea, 5Xssia, or a Gesigna WeG coXnWr\. )or pXrposes oI Whis conWracW, ³criWical inIrasWrXcWXre´ Peans ³a coPPXnicaWion inIrasWrXcWXre s\sWeP, c \EersecXriW\ s\sWeP, elecWric griG, ha]arGoXs ZasWe WreaWPenW s\sWeP, or ZaWer WreaWPenW IaciliW\.´ See 7e[. *oY¶W &oGe 2274.0101(2) of SB 1226 (87 th leg.). The com p verifies and certifies that company will not grant direct or re mote access to or control of critical infrastructure, except f product warranty and support purposes, to prohibited individual s, companies, or entities, including governmental ent i owned, controlled, or headquartered in China, Iran, North Korea , Russia, or a designated country, as determined by t Governor.
1 0
3 Acknowledgement
By submitting this proposal, Vendor certifies that it has read, examined, and understands all portions of this soli c including but not limited to all attribute questions, attachmen ts, solicitation documents, bid notes, and the V Agreement(s). Vendor certifies that, if found to be necessary by the proposing vendor, vendor has sought the a d counsel in understanding all portions of the solicitation.
REFERENCES
Please provide three (3) references
from three different entities,
preferably from school districts or
other governmental entities who
have used your services within
the last three years. Additional
references may be required. DO
NOT INCLUDE TIPS EMPLOYEES AS A
REFERENCE.
Verify your references emails are
deliverable and that they agree to
provide a reference. Failure to do
this may delay the evaluation
process.
You may provide more than three (3) references.
Entity Name Contact Person VALID EMAIL IS REQUIRED Phone NM State Police Dennis Gold [email protected] 505-629-5348 Bernalillo County Sheriffs Office Ray Perea [email protected] 505-659-9343 Navajo Nation Martin Page [email protected] 928-637-5891 TIPS RFP 220304 Transportation Vehicles
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All Factory Warranties as provided by each Manufacturer. Exact factory warranty will be provided with quote.