HomeMy WebLinkAboutContract 57291 CSC No. 57291
FORT WORTH
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement ("Agreement") is entered into by and between Industrial Power
LLC ("Vendor") and the City of Fort Worth, ("City"),a Texas home rule municipality.
The Cooperative Purchase Agreement includes the following documents which shall be construed in the order
of precedence in which they are listed:
1. This Cooperative Purchase Agreement;
2. Exhibit A—City's Terms and Conditions;
3. Exhibit B—Vendor Quote, Scope of Services or Purchase Order;
4. Exhibit C—Cooperative Agency Contract(e.g.,NJPA,DIR,BuyBoard); and
5. Exhibit D—Conflict Interest Questionnaire
Exhibits A, B, C, and D which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes.Vendor agrees to provide City with the services and goods included in Exhibit B
pursuant to the terms and conditions of this Cooperative Purchase Agreement,including all exhibits thereto.
In the event of a conflict between Exhibit A—City's Terms and Conditions,Exhibit B—Vendors Quote,and
Exhibit C— [Cooperative Agency Contract],then Exhibit A—City's Terms and Conditions shall control,but
only to the extent allowable under the [Cooperative Agency Contract].
City shall pay Vendor in accordance with the fee schedule in Exhibit B and in accordance with
the provisions of this Agreement. Total payment made under this Agreement for each year, by the
City, shall be in the amount not to exceed Ninety-five Thousand, Two Hundred and Fourteen Dollars
($95, 214.00). Vendor shall not provide any additional items or services or bill for expenses incurred for
City not specified by this Agreement unless City requests and approves in writing the additional costs for
such services. City shall not be liable for any additional expenses of Vendor not specified by this
Agreement unless City first approves such expenses in writing.
The term of this Agreement shall be for one year beginning on Date Signed by Assistant City
Manager and ending on May 31, 2022 City shall be able to renew this agreement for 1 one-year (1)
renewal option by written agreement of the parties.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when(1)hand-delivered to the other party, its agents,employees,
servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or (3) received by the other party by United States Mail, registered, return receipt
requested, addressed as follows: -
To CITY: To VENDOR:
City of Fort Worth Industrial Power,LLC
Attn:Dana Burghdoff Attn:John Ellison, Sales Manager
200 Texas Street 712 N.Beach St.
Fort Worth,TX 76102-6314 Fort Worth,TX 76111
Facsimile:(817)392-8654 Phone Number: 817-546-7600
Email: JohnEAiptruckcom
With copy to Fort Worth City Attorney's Office at OFFICIAL RECORD
same address CITY SECRETARY
FT.WORTH, TX
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective Vendor.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
D�n�Bur�ih�loff By signing I acknowledge that I am the person
By:Dana ih1doff ar22,202219:02CDT) responsible for the monitoring and administration
Name: Dana Burghdoff of this contract, including ensuring all performance
Title: Assistant City Manager and reporting requirements.
Date:
APPROVAL RECOMMENDED: By: Laurena R.Hamilton(Mar 22,202215:32 CDT)
Name: Laurena R.Hamilton
Title: Buyer, PMD Fleet
By:Steve o ke(Mar 22,202� APPROVED AS TO FORM AND LEGALITY:
Name:Stephen Cooke oo44nnnIlIl
Title:PMD Director �•OO °FORrkaO
00 0
ATTEST: 0,v° ° =do By,_
P�*o o* Name: Christopher Austria
�aa °°°°°°°°°°°°° a' Title: Assistant City Attorney
By:Jannette S.Goodall(Mar 23,202214:24 CDT) CONTRACT AUTHORIZATION:
Name: Jannette S. Goodall M&C: N/A
Title: City Secretary 1295: N/A
VENDOR:
Industrial Power, ,
Z(
By:
Name: ohn Ellison
Title• Sakes Mana er
4
Date: it
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
CITY OF FORT WORTH,TEXAS
STANDARD PURCHASING TERMS & CONDITIONS
1.0 DEFINITION OF BUYER
The City of Fort Worth,its officers,agents, servants,authorized employees, Sellers and subSellers
who act on behalf of various City departments,bodies or agencies.
2.0 DEFINITION OF SELLER
The consultant, Contractor(s), Vendor(s), supplier, or other provider of goods and/or services, its
officers,agents, servants, employees, Sellers and subSellers who act on behalf of the entity under
a contract with the City of Fort Worth.
3.0 PUBLIC INFORMATION
Any information submitted to the City of Fort Worth (the "City")may be requested by a member
of the public under the Texas Public Information Act. See TEx. Gov'T CODE ANN. §§ 552.002,
552.128(c)(West Supp. 2006). If the City receives a request for a Seller's proprietary information,
the Seller listed in the request will be notified and given an opportunity to make arguments to the
Texas Attorney General's Office (the "AG") regarding reasons the Seller believes that its
information may not lawfully be released. If Seller does not make arguments or the AG rejects the
arguments Seller makes, Seller's information will be released without penalty to the City.
4.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS
No officer or employee of Buyer shall have a financial interest, direct or indirect, in any contract
with Buyer or be financially interested, directly or indirectly, in the sale to Buyer of any land,
materials, supplies or services, except on behalf of Buyer as an officer or employee. Any willful
violation of this section shall constitute malfeasance in office, and any officer or employee found
guilty thereof shall thereby forfeit his office or position. Any violation of this section with the
knowledge, expressed or implied, of the person or corporation contracting with the City Council
shall render the contract invalid by the City Manager or the City Council.(Chapter XXVII, Section
16,City of Fort Worth Charter)
5.0 ORDERS
5.1 No employees of the Buyer or its officers, agents, servants, Sellers or subSellers who act
on behalf of various City departments,bodies or agencies are authorized to place orders for
goods and/or services without providing approved contract numbers, purchase order
numbers,or release numbers issued by the Buyer.The only exceptions are Purchasing Card
orders and emergencies pursuant to Texas Local Government Code Section 252.022(a)(1),
(2), or (3). In the case of emergencies, the Buyer's Purchasing Division will place such
orders.
5.2 Acceptance of an order and delivery on the part of the Seller without an approved contract
number, purchase order number, or release number issued by the Buyer may result in
rejection of delivery,return of goods at the Seller's cost and/ornon-payment.
6.0 SELLER TO PACKAGE GOODS
Seller will package goods in accordance with good commercial practice.Each shipping container,
shall be clearly and permanently marked as follows: (a) Seller's name and address: (b)Consignee's
name,address and purchase order or purchase change order number;(c)Container number and total
number of containers,e.g.,box 1 of 4 boxes;and(d)Number of the container bearing the packing
slip. Seller shall bear the cost of packaging unless otherwise provided. Goods shall be suitably
packed to secure lowest transportation costs and to conform to requirements of common carriers
and any applicable specifications. Buyer's count or weight shall be final and conclusive on
shipments not accompanied by packing lists.
7.0 SHIPMENT UNDER RESERVATIONPROHIBITED
Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will
operate as a tender of goods.
8.0 TITLE.AND RISK OF LOSS
The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes
possession of the goods at the point or points of delivery after inspection and acceptance of the
goods.
9.0 DELIVERY TERMS AND TRANSPORTATIONCHARGES
Freight terms shall be F.O.B. Destination,Freight Prepaid and Allowed,unless delivery terms are
specified otherwise in Seller's proposals.Buyer agrees to reimburse Seller for transportation costs
in the amount specified in Seller's proposals or actual costs, whichever is lower, if the quoted
delivery terms do not include transportation costs;provided,Buyer shall have the right to designate
what method of transportation shall be used to ship the goods.
10.0 PLACE. OF DELIVERY
The place of delivery shall be set forth in the "Ship to"block of the purchase order,purchase change
order,or release order.
11.0 RIGHT OF INSPECTION
Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller shall be
responsible for all charges for the return to Seller of any goods rejected as being nonconforming
under the specifications.
12.0 INVOICES
12.1 Seller shall submit separate invoices in duplicate, on each purchase order or purchase
change order after each delivery. Invoices shall indicate the purchase order or purchase
change order number. Invoices shall be itemized and transportation charges, if any, shall
be listed separately. A copy of the bill of lading and the freight waybill,when applicable,
should be attached to the invoice. Seller shall mail or deliver invoices to Buyer's
Department and address as set forth in the block of the purchase order, purchase change
order or release order entitled "Ship to." Payment shall not be made until the above
instruments have been submitted after delivery and acceptance of the goods and/or services.
12.2 Seller shall not include Federal Excise, State or City Sales Tax in its invoices. The Buyer
shall furnish a tax exemption certificate upon Seller's request.
13.0 PRICE WARRANTY
13.1 The price to be paid by Buyer shall be that contained in Seller's proposals which Seller
warrants to be no higher than Seller's current prices on orders by others for products and
services of the kind and specification covered by this agreement for similar quantities under
like conditions and methods of purchase. In the event Seller breaches this warranty, the
prices of the items shall be reduced to the prices contained in Seller's proposals, or in the
alternative upon Buyer's option, Buyer shall have the right to cancel this contract without
any liability to Seller for breach or for Seller's actual expense.Such remedies are in addition
to and not in lieu of any other remedies which Buyer may have
in law or equity.
13.2 Seller warrants that no person or selling agency has been employed or retained to solicit or
secure this contract upon an agreement or understanding for commission, percentage,
brokerage or contingent fee, excepting employees of an established commercial or selling
agency that is maintained by Seller for the purpose of securing business. For breach or
violation of this warranty,Buyer shall have the right,in addition to any other right or rights
arising pursuant to said purchase(s),to cancel this contract without liability and to deduct
from the contract price such commission percentage, brokerage or contingent fee, or
otherwise to recover the full amountthereof.
14.0 PRODUCT WARRANTY
Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall
render this contract voidable at the option of Buyer. Seller warrants that the goods furnished will
conform to Buyer's specifications, drawings and descriptions listed in the proposal invitation, and
the sample(s)furnished by Seller,if any.In the event of a conflict between Buyer's specifications,
drawings,and descriptions,Buyer's specifications shall govern.
15.0 SAFETY WARRANTY
Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the
U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as
amended. In the event the product does not conform to OSHA standards, Buyer may return the
product for correction or replacement at Seller's expense. In the event Seller fails to make
appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's
expense. Where no correction is or can be made, Seller shall refund all monies received for such
goods within thirty (30) days after request is made by Buyer in writing and received by Seller.
Notice is considered to have been received upon hand delivery, or otherwise in accordance with
Section 29.0 of these terms and conditions.Failure to make such refund shall constitute breach and
cause this contract to terminate immediately.
16.0 SOFTWARE LICENSE TO SELLER
If this purchase is for the license of software products and/or services,and unless otherwise agreed,
Seller hereby grants to Buyer,a perpetual,irrevocable,non-exclusive,nontransferable,royalty free
license to use the software.This software is"proprietary"to Seller,and is licensed and provided to
the Buyer for its sole use for purposes under this Agreement and any attached work orders or
invoices. The City may not use or share this software without permission of the Seller; however
Buyer may make copies of the software expressly for backup purposes.
17.0 WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY
17.1 The SELLER warrants that all Deliverables, or any part thereof, furnished
hereunder, including but not limited to: programs, documentation, software,
analyses,applications,methods,ways,and processes(in this Section each individually
referred to as a "Deliverable" and collectively as the "Deliverables,") do not infringe
upon or violate any patent, copyrights, trademarks, service marks, trade secrets, or
any intellectual property rights or other third party proprietary rights, in the
performance of services under thisAgreement.
17.2 SELLER shall be liable and responsible for any and all claims made against the City
for infringement of any patent, copyright, trademark, service mark, trade secret, or
other intellectual property rights by the use of or supplying of any Deliverable(s) in
the course of performance or completion of, or in anyway
connected with providing the services, or the City's continued use of the
Deliverable(s) hereunder.
17.3 SELLER agrees to indemnify, defend, settle, or pay, at its own cost and expense,
including the payment of attorney's fees, any claim or action against the City for
infringement of any patent,copyright,trade mark,service mark,trade secret,or other
intellectual property right arising from City's use of the Deliverable(s), or any part
thereof, in accordance with this Agreement, it being understood that this agreement
to indemnify, defend, settle or pay shall not apply if the City modifies or misuses the
Deliverable(s). So long as SELLER bears the cost and expense of payment for claims
or actions against the City pursuant to this section 8,SELLER shall have the right to
conduct the defense of any such claim or action and all negotiations for its settlement
or compromise and to settle or compromise any such claim; however, City shall have
the right to fully participate in any and all such settlement, negotiations,or lawsuit as
necessary to protect the City's interest,and City agrees to cooperate with SELLER in
doing so. In the event City, for whatever reason, assumes the responsibility for
payment of costs and expenses for any claim or action brought against the City for
infringement arising under this Agreement, the City shall have the sole right to
conduct the defense of any such claim or action and all negotiations for its settlement
or compromise and to settle or compromise any such claim; however, SELLER shall
fully participate and cooperate with the City in defense of such claim or action. City
agrees to give SELLER timely written notice of any such claim or action,with copies
of all papers City may receive relating thereto. Notwithstanding the foregoing, the
City's assumption of payment of costs or expenses shall not eliminate SELLER's duty
to indemnify the City under this Agreement.If the Deliverable(s),or any part thereof,
is held to infringe and the use thereof is enjoined or restrained or, if as a result of a
settlement or compromise,such use is materially adversely restricted,SELLER shall,
at its own expense and as City's sole remedy, either: (a) procure for City the right to
continue to use the Deliverable(s); or (b) modify the Deliverable(s) to make them/it
non-infringing,provided that such modification does not materially adversely
affect City's authorized use of the Deliverable(s); or (c) replace the Deliverable(s)
with equally suitable, compatible, and functionally equivalent non-infringing
Deliverable(s) at no additional charge to City; or (d) if none of the foregoing
alternatives is reasonably available to SELLER, terminate this Agreement, and
refund all amounts paid to SELLER by the City, subsequent to which termination
City may seek any and all remedies available to City under law.
18.0 OWNERSHIP OF WORKPRODUCT
Seller agrees that any and all analyses, evaluations, reports, memoranda, letters, ideas, processes,
methods,programs, and manuals that were developed,prepared,conceived,made or suggested by
the Seller for the City pursuant to a Work Order,including all such developments as are originated
or conceived during the term of the Contract and that are completed or reduced to writing thereafter
(the"Work Product")and Seller acknowledges that such Work Product may be considered"work(s)
made for hire" and will be and remain the exclusive property of the City. To the extent that the
Work Product, under applicable law, may not be considered work(s) made for hire, Seller hereby
agrees that this Agreement effectively transfers,grants,conveys, and assigns exclusively to Buyer,
all rights, title and ownership interests, including copyright, which Seller may have in any Work
Product or any tangible media embodying such Work Product,without the necessity of any further
consideration, and Buyer shall be entitled to obtain and hold in its own
name, all Intellectual Property rights in and to the Work Product. Seller for itself and on behalf of
its Sellers hereby waives any property interest in such Work Product.
19.0 NETWORK ACCESS
The City owns and operates a computing environment and network(collectively the "Network").
If Seller requires access, whether onsite or remote, to the City's network to provide services
hereunder, and the Seller is required to utilize the Internet, Intranet, email, City database, or other
network application,Seller shall separately execute the City's Network Access Agreement prior to
providing such services.A copy of the City's standard Network Access Agreement can be provided
upon request.
20.0 CANCELLATION
Buyer shall have the right to cancel this contract immediately for default on all or any part of the
undelivered portion of this order if Seller breaches any of the terms hereof,including warranties of
Seller.Such right of cancellation is in addition to and not in lieu of any other remedies,which Buyer
may have in law or equity.
21.0 TERMINATION
The performance of work or purchase of goods under this order may be terminated in whole or in
part by Buyer,with or without cause,at any time upon the delivery to Seller of a written "Notice of
Termination" specifying the extent to which performance of work or the goods to be purchased
under the order is terminated and the date upon which such termination becomes effective. Such
right of termination is in addition to and not in lieu of any other termination rights of Buyer as set
forth herein.
22.0 ASSIGNMENT/DELEGATION
No interest,obligation or right of Seller,including the right to receive payment,under this contract
shall be assigned or delegated to another entity without the express written consent of Buyer. Any
attempted assignment or delegation of Seller shall be wholly void and totally ineffective for all
purposes unless made in conformity with this paragraph. Prior to Buyer giving its consent, Seller
agrees that Seller shall provide, at no additional cost to Buyer, all documents, as determined by
Buyer, that are reasonable and necessary to verify Seller's legal status and transfer of rights,
interests,or obligations to another entity.The documents that may be requested include,but are not
limited to,Articles of Incorporation and related amendments, Certificate of Merger, IRS Form W-
9 to verify tax identification number, etc.Buyer reserves the right to withhold all payments to any
entity other than Seller, if Seller is not in compliance with this provision. If Seller fails to provide
necessary information in accordance with this section,Buyer shall not be liable for any penalties,
fees or interest resulting therefrom.
23.0 WAIVER
No claim or right arising out of a breach of this contract can be discharged in whole or in part by a
waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
consideration in writing and is signed by the aggrieved party.
24.0 MODIFICATIONS
This contract can be modified or rescinded only by a written agreement signed by both parties.
25.0 THE AGREEMENT
In the absence of an otherwise negotiated contract, or unless stated otherwise, the Agreement
between Buyer and Seller shall consist of these Standard Terms and Conditions together with any
applicable proposal documents published by the Buyer and Seller's Response to such proposal
(the"contract documents").This Agreement is intended by the parties as a final expression of their
agreement and is intended also as a complete and exclusive statement of the terms of their
agreement.No course of prior dealings between the parties and no usage of trade shall be relevant
to supplement or explain any term used in this Agreement. Acceptance of or acquiescence in a
course of performance under this Agreement shall not be relevant to determine the meaning of this
Agreement even though the accepting or acquiescing party has knowledge of the performance and
opportunity for objection. Whenever a term defined by the Uniform Commercial Code (UCC) is
used in this Agreement,the definition contained in the UCC shall control.In the event of a conflict
between the contract documents, the order of precedence shall be these Standard Terms and
Conditions, the Buyer's published proposal documents and the Seller's response. If Buyer and
Seller have otherwise negotiated a contract,this Agreement shall not apply.
26.0 APPLICABLE.LAW/VENUE.
This agreement shall be governed by the Uniform Commercial Code wherever the term "Uniform
Commercial Code" or"UCC" is used. It shall be construed as meaning the Uniform Commercial
Code as adopted and amended in the State of Texas.Both parties agree that venue for any litigation
arising from this contract shall be in Fort Worth, Tarrant County, Texas. This contract shall be
governed,construed and enforced under the laws of the State of Texas.
27.0 INDEPENDENT CONTRACTOR(S)
Seller shall operate hereunder as an independent Contractor(s)and not as an officer, agent, servant
or employee of Buyer. Seller shall have exclusive control of, and the exclusive right to control,the
details of its operations hereunder,and all persons performing same,and shall be solely responsible
for the acts and omissions of its officers, agents,employees, Sellers and sub- Sellers. The doctrine
of respondeat superior shall not apply as between Buyer and Seller,its officers,agents,employees,
Sellers and subSellers.Nothing herein shall be construed as creating a partnership or joint enterprise
between Buyer and Seller,its officers,agents,employees, Sellers and subSellers.
28.0 LIABILITY AND INDEMNIFICATION.
28.1 LIABILITY-SELLER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY HIND OR
CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED
BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR
INTENTIONAL MISCONDUCT OF SELLER, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
28.2 INDEMNIFICATION - SELLER HEREBY COVENANTS AND AGREES TO
INDEMNIFY,HOLD HARMLESS AND DEFEND THE CITY(ALSO REFERRED
TO AS BUYER), ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES,
FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY HIND
OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER
PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS
TO SELLER'S BUSINESS,AND ANY RESULTING LOST PROFITS)PERSONAL
INJURY,INCLUDING DEATH, TO ANY AND ALL PERSONS,AND DAMAGES
FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT, ARISING
OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT
CAUSED BY THE ACTS OR OMISSIONS OF
SELLER,ITS OFFICERS,AGENTS,SUBCONTRACTOR(S)S, SERVANTSOR
EMPLOYEES.
29.0 SEVERABILITY
In case any one or more of the provisions contained in this agreement shall for any reason,be held
to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability
shall not affect any other provision of this agreement,which agreement shall be construed as if such
invalid,illegal or unenforceable provision had never been contained herein.
30.0 FISCAL FUNDING LIMITATION
In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for
payments due under this contract,then Buyer will immediately notify Seller of such occurrence and
this contract shall be terminated on the last day of the fiscal period for which funds have been
appropriated without penalty or expense to Buyer of any kind whatsoever,except to the portions of
annual payments herein agreed upon for which funds shall have been appropriated and budgeted or
are otherwise available.
31.0 NOTICES TO PARTIES
Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined to
have been delivered three(3)business days following the day such notice is deposited in the United
States mail,in a sealed envelope with sufficient postage attached,addressed to Purchasing Manager,
City of Fort Worth, Purchasing Division, 200 Texas Street, Fort Worth, Texas 76102. Notices to
Seller shall be conclusively determined to have been delivered three (3) business days following
the day such notice is deposited in the United States mail, in a sealed envelope with sufficient
postage attached, addressed to the address given by Seller in its response to Buyer's invitation to
proposals. Or if sent via express courier or hand delivery, notice is considered received upon
delivery.
32.0 NON-DISCRIMINATION
This contract is made and entered into with reference specifically to Chapter 17,Article III,Division
3 ("Employment Practices"), of the City Code of the City of Fort Worth (1986), as amended, and
Seller hereby covenants and agrees that Seller,its employees,officers,agents,Sellers or subSellers,
have fully complied with all provisions of same and that no employee, participant, applicant,
Contractor(s)or subContractor(s)has been discriminated against according to the terms of such
Ordinance by Seller,its employees,officers,agents,Contractor(s)or subSellers herein.
33.0 IMMIGRATION NATIONALITY ACT
Seller shall verify the identity and employment eligibility of its employees who perform work under
this Agreement,including completing the Employment Eligibility Verification Form (I- 9).Upon
request by City, Seller shall provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Seller shall adhere to
all Federal and State laws as well as establish appropriate procedures and controls so that no services
will be performed by any Seller employee who is not legally eligible to perform such services.
SELLER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY
PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY SELLER, SELLER'S EMPLOYEES,
SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Seller, shall
have the right to immediately terminate this Agreement for violations of this provision by Seller.
34.0 HEALTH. SAFETY.AND ENVIRONMENTAL REQUIREMENTS
Services,products,materials,and supplies provided by the Seller must meet or exceed all applicable
health, safety, and the environmental laws,requirements, and standards. In addition, Seller agrees
to obtain and pay, at its own expense, for all licenses, permits, certificates, and inspections
necessary to provide the products or to perform the services hereunder.Seller shall indemnify Buyer
from any penalties or liabilities due to violations of this provision. Buyer shall have the right to
immediately terminate this Agreement for violations of this provision by Seller.
35.0 RIGHT TO AUDIT
Seller agrees that the Buyer,or Buyer's authorized representative,shall,until the expiration of three
(3)years after final payment under this contract, and at no additional cost to Buyer,have access to
and the right to examine and copy any directly pertinent books, computer disks, digital files,
documents, papers and records of the Seller involving transactions relating to this contract,
including any and all records maintained pursuant to Section 31 of this Agreement. Seller agrees
that the Buyer shall have access,during normal working hours,to all necessary Seller facilities,and
shall be provided adequate and appropriate workspace, in order to conduct audits in compliance
with the provisions of this section. Buyer shall pay Seller for reasonable costs of any copying in
accordance with the standards set forth in the Texas Administrative Code. The Buyer shall give
Seller reasonable advance written notice of intended audits,but no less than ten(10)business days.
36.0 DISABILITY
In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Seller
warrants that it and any and all of its subSellers will not unlawfully discriminate on the basis of disability
in the provision of services to general public, nor in the availability, terms and/or conditions of
employment for applicants for employment with,or employees of Seller or any of its subSellers. Seller
warrants it will fully comply with ADA's provisions and any other applicable federal, state and local
laws concerning disability and will defend,indemnify and hold Buyer harmless against any claims or
allegations asserted by third parties or subSellers against Buyer arising out of Seller's and/or its
subSellefs alleged failure to comply with the above-referenced laws concerning disability discrimination
in the performance of this agreement.
37.0 DISPITTE RESOLUTION
If either Buyer or Seller has a claim,dispute,or other matter in question for breach of duty,obligations,
services rendered or any warranty that arises under this Agreement,the parties shall first attempt to
resolve the matter through this dispute resolution process.The disputing party shall notify the other party
in writing as soon as practicable after discovering the claim,dispute,or breach. The notice shall state
the nature of the dispute and list the parry's specific reasons for such dispute. Within ten(10)business
days of receipt of the notice, both parties shall make a good faith effort, either through email, mail,
phone conference,in person meetings,or other reasonable means to resolve any claim,dispute,breach
or other matter in question that may arise out of,or in connection with this Agreement.If the parties fail
to resolve the dispute within sixty(60) days of the date of receipt of the notice of the dispute,then the
parties may submit the matter to non-binding mediation upon written consent of authorized
representatives of both parties in accordance with the Industry Arbitration Rules of the American
Arbitration Association or other applicable rules goveming mediation then in effect.If the parties cannot
resolve the dispute through mediation, then either party shall have the right to exercise any and all
remedies available under law regarding the dispute.
38.0 PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAF,I,
If Seller has fewer than 10 employees or the Agreement is for less than$100,000,this section 31 does not
apply. Seller acknowledges that in accordance with Chapter 2270 of the Texas Government Code,City is
prohibited from entering into a contract with a company for goods or services unless the contract contains
a written verification from the company that it: (1)does not boycott Israel; and(2)will not boycott Israel
during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings
ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Addendum,
Seller certifies that Seller's signature provides written verification to City that Seller: (1)does not boycott
Israel; and(2)will not boycott Israel during the term of the Agreement.
39.0 PROHIBITION ON BOYCOTTING ENERGY COMPANIES
Seller acknowledges that in accordance with Chapter 2274 of the Texas Government Code,as added by
Acts 2021, 87th Leg.,R.S., S.B. 13, § 2,the City is prohibited from entering into a contract for goods
or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of
the City with a company with 10 or more full-time employees unless the contract contains a written
verification from the company that it: (1)does not boycott energy companies;and(2)will not boycott
energy companies during the term of the contract. The terms"boycott energy company" and
"company"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code,
as added by Acts 2021,87th Leg.,R.S.,S.B. 13, §2. To the extent that Chapter 2274 of the Government
Code is applicable to this Agreement,by signing this Agreement,Contractor certifies that Contractor's
signature provides written verification to the City that Contractor: (1)does not boycott energy
companies; and(2)will not boycott energy companies during the term of this Agreement.
40.0 PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION
INDUSTRIES
Seller acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code,
as added by Acts 2021,87th Leg.,R.S., S.B. 19, § 1,the City is prohibited from entering into a contract
for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public
funds of the City with a company with 10 or more full-time employees unless the contract contains a
written verification from the company that it: (1)does not have a practice,policy,guidance,or directive
that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade association. The terms
"discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those
terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B.
19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by
signing this Agreement,Contractor certifies that Contractor's signature provides written verification to
the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association;and(2)will not discriminate against a firearm entity
or firearm trade association during the term of this Agreement.
AUTOCAR • GMC • HINO • ISM
EXHIBIT B
BUYERS ORDER FOR:
COMPANY:City of Fort Worth TIPS Contract#200803&200802
CONTACT: Randy Acosta
w
CONTACT TITLE:
ADDRESS: 5021 James Ave
Fort Worth,TX 76115
PHONE: 817-392-5101
FAX:
CELL:
712 N. BEACH ST. E-MAIL:—
FORT WORTH, TX 76111 SALES CONSULTANT
(817) 834 - 7473 • (800) 490 - 8067 SALES CONSULTANT: John Ellison
DIRECT LINE: (817)546-7600
Fax (817) 834 - 1516
E-MAIL: Johne@iptruck.com
www.iptruck.com SALES MANAGER: John Ellison
DIRECT LINE: (817)546-7600
E-MAIL: johne@iptruck.com
8
♦�����♦ SPECIFICATIONS ♦�����♦
NEW TRUCK
MAKE Isuzu FUEL TYPE GASOLINE
MODEL NPR HD COLOR White
YEAR 2021 WHEELBASE 176INCHES
STOCK# 12888 GVWR 14,500 LBS
VIN# 54DC4J1D9MS201491 I ODOMETER 600 MILES
OPTIONAL EQUIPMENT: 6.OL V8 gas, 7 passenger crewcab,
MSRP on the Chassis and Stakebed-$86,556.89
15%discount-$12,983.53
Net Price-73,573.36
NEW BODY
MAKE Brown LENGTH 16 FEET
YEAR 2021 I HEIGHT
SERIAL# WIDTH 96 INCHES
STYLE Stake
OPTIONAL EQUIPMENT: Specs are attached to Email from General Body, Manual pull tarp Vinyl
NEW LIFTGATE
SERIAL# STYLE Rail
MAKE Tommy I CAPACITY 2,500 LBS
OPTIONAL EQUIPMENT: Folding rail gate with Large 70" Platform
ACCESSORIES
NONE
1/1R/9n99 1 R dR AKA
EXTENDED WARRANTY
5 Year 125MIle powertrain 5 Year 125MIle powertrain
DETAILS:Includes an 5 year or 125K mile powertrain extension
TRADE-IN DESCRIPTION
MAKE NONE FUEL TYPE
MODEL COLOR
YEAR WHEELBASE
BODY TYPE GVWR
VIN# ODOMETER
CONDITION:
♦�����♦ PRICING ♦�����♦
SALES PRICE TT&L not included $73,573.36
TRADE-IN $ 0.00
*TRADE IN PAYOFF $ 0.00
SALES TAX FEE $ 0.00
**VEHICLE INVENTORY TAX $ 165.61
***SALES TAX EMISSION FEE 1% $ 0.00
WINDSHIELD STICKER $ 0.00
TITLE FEES $ 0.00
WEIGHT&INSPECTION FEES $ 50.00
****DOCUMENT PREPARATION FEE $ 150.00
FINANCE COMPANY CONTRACT FEE $ 0.00
FRET $ 0.00
EXTENDED WARRANTY(OPTIONAL) $ 500.00
LESS DOWN PAYMENT $ 0.00
NET AMOUNT DUE (WITHOUT EXTENDED WARRANTY) Initial $73,938.97
OR OR
NET AMOUNT DUE (WITH EXTENDED WARRANTY) Initial -> $74,438.97
FINANCING INFORMATION:
`Trade Payoff values supplied by customer. Customer is responsible for payoff and fees that exceed amount shown.
The Dealers Inventory Tax is collected and then forwarded to the county Tax assessor-collector to offset taxes on motor vehicle inventory. This is not a federal tax and is not mandatory.
—Effective 07-01-03,a surcharge of 1%of the sales price less trade-in will be charged and collected on the purchase of 1997 year or newer diesel engine trucks with a GV W greater than 14,000
lbs.
—A documentation fee is not required by law,but may be charged to buyers for handling documents.
ALL costs represented herein are subject to manufacturers increases if not currently in stock at time of quote and as such are the financial responsibility of the buyer. Delivery time subject to
manufacturer and vendor availability. All warranties are of the manufacturer. Industrial Power does not make or give warranties. Payment due upon delivery.
Randy Acosta{Jan 18,2.022.10:0'CST)
SIGNATURE (INITIAL WARRANTY SELECTION BOX) DATE
Men signed,this constitutes a contract to purchase quoted truck.
Pricing and availability subject to prior sale.
171A/9n99 9 A-AA AM
Our Quotation # 111006
GEnERAL 12/3/2021
TRUCK BODY
7110 Jensen Dr
Houston TX 77093
To: Quotation Status: Quoted
Quotation Valid Thru: 1/2/2022
Industrial Power& Equipment
4108 Marsalis Street VIN#:
Fort Worth TX 76111 Drop Ship: None
USA
Je)
�O
Attention: n
Line Facility/Part/Rev/Description/Details antity Quoted Unit Price Extended Price
1 Default Rev tj/f k 1.00 21,633.000 21,633.000
INSTALL ```
INSTALL FLATBED
TO BE INSTALLED ON CUSTOMER SUPPLIED
CHASSIS
2021 ISUZU NPR HD GAS CREW CAB 176"WB
FURNISH AND INSTALL THE FOLLOWING: `
16FT X 96"GB FLATBED WITH 3/16"TREADPLA`�
FLOOR
3"STRUCTURAL CHANNEL CROSSMEMBERS ON 12"
CENTERS
3"STRUCTURAL CHANNEL END AND SIDE RAILS
4"STRUCTURAL CHANNEL LONGSILLS
OUTSIDE STAKE POCKETS ON SIDES&REAR
3/8"X 2-112 FLAT BAR RUB RAILS ON SIDES&REAR
HEIGHT TO BE DETERMINED—"BULK HEAD WITH
WINDOW
HEADBOARD SUPPORTED WITH FOUR 3"CHANNEL
UPRIGHTS
5"CHANNEL REAR ICC,NON TOWING
(1)36X18X18 UNDERBODY TOOLBOX(SIDE TO BE
DETERMINED)
40"STEEL STAKE SIDES WITH LOCKING LATCHES
INSTALL TOMMY GATE#89-25 BF TP70
"6 TO 8 WEEK ORDER FROM TOMMY GATE
INSTALL MANUAL PULL TARP-VINYL
BODY PAINTED BLACK
ALL ICC LIGHTS,REFLECTORS,&GB MUDFLAPS
WEIGHT SLIP AND CERTIFICATION...
***Note-Due To The Volatility In The Industry,The Pricing Is SubjeLL I o An
Adjustment If The Vehicle Is Not Received within 90 Days From The Date Of
Order Total Items Price: US $21,633.000
Orders cancelled for any reason will be subject to 100%of all labor cost incurred up to the time of cancellation,25%restocking fee of all standard
parts, 100%of all special order parts having to be returned to the vendor(including freight)or parts deemed as not able to be used on additional
jobs,and 75%of selling price of all fabricated parts.
Thanks again for your interest in our company as one of your suppliers.
Prices do not include any Federal,State,or Local taxes unless otherwise indicated.
QUOTATION: 111006
EXHIBIT C
TIPS VENDOR AGREEMENT
Between INDUSTRIAL POWER LLC./ Industrial Power Truck and Equipment and
(Company Name)
THE INTERLOCAL PURCHASING SYSTEM (TIPS),
a Department of Texas Education Service Center Region 8 for
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 business at 4845 US Hwy 271 North, Pittsburg, Texas
75686 and the TIPS Vendor.This Agreement consists of the provisions set forth below, including provisions
of all attachments referenced herein. In the event of a conflict between the provisions set forth below and
those contained in any attachment, the provisions set forth shall 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 Member'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 requirements, 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 delivery 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.
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 permitted 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.
Customer Support
The Vendor shall provide timely and accurate customer support for orders to TIPS Members as agreed by
the Parties.Vendors shall respond to such requests within a commercially 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.
TIPS Vendor Agreement 06022020_sr Page 1
Agreements
Agreements for purchase will normally be put into effect by means of a purchase order(s) executed by
authorized agents of the TIPS Member participating government entities, but other means of placing an
order may be used at the Member's discretion.
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 notification 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.
Disclosures
• Vendor and TIPS affirm that he/she, or any authorized employees or agents, has not given, offered to
give, nor intends 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.
• Vendor shall attach, in writing, a complete description of any and all relationships that might be
considered a conflict of interest in doing business with the TIPS program.
• 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 to obtain information or gain any
favoritism that would in any way limit competition or give an unfair advantage over other vendors in
the award of this Agreement.
Term of Agreement and Renewals
is for
(1)consecutive yea■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. TIPS may or may not exercise the available extension(s) provided in
the original solicitation beyond the base three-year term.Whether or not to offer the extension is at the sole
discretion of TIPS.
"Start Date" for Term Calculation Purposes Only: Regardless of actual award/effective date of Contract, for
Agreement"term"calculation purposes only,the Agreement"start date" is the last day of the month that Award
Notifications are anticipated as published in the Solicitation
Example: If the anticipated award date published in the Solicitation is May 22, but extended negotiations delay
award until June 27, The end date of the resulting initial "three-year" term Agreement, (which is subject to an
extension(s)) will still be May 31, 2023.
"Termination Date": The scheduled Agreement "termination date" shall be the last day of the month of the
month of the Original Solicitation's Anticipated Award Date plus three years.
Example: If the original term is approximately three years, and the solicitation provides an anticipated award
date of May 22, 2020, the expiration date of the original three-year term shall be May 31, 2023.
TIPS Vendor Agreement 06022020_sr Page 2
Extensions: Any extensions of the original term shall begin on the next day after the day the original term
expires.
Example Following the Previous Example:If TIPS offers a one-year extension, the expiration of the extended term
shall be May 31, 2024.
TIPS may offer to extend Vendor Agreements to the fullest extent the original Solicitation permits.
Automatic Renewal Clauses Incorporated in Awarded Vendor Agreements 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 awarded vendor named in this Agreement
that results from the solicitation award named in this Agreement, may incorporate an automatic renewal
clause that exceeds month to month terms with which the TIPS Member 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, executed 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 which the governing body of the TIPS
Member has not properly appropriated and budgeted the funds to satisfythe 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 shall 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 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 verification 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 compliance 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 solicitation. 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
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 that the participation fee is due to TIPS for all
TIPS Vendor Agreement 06022020_sr Page 3
Agreement sales immediately upon receipt of payment including partial 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 Dealer 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 any 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 FAC!'s for more information about reporting sales and if you have further questions,
contact the Accounting Team at accounting@tips-usa.com. 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 render the participation fee to TIPS shall constitute a breach of this agreement with our parent
governmental entity,Texas Education Service Center Region 8,as established by the Texas legislature and shall
be grounds for termination of this agreement and any other agreement held with TIPS and possible legal
action.Any overpayment of participation fees 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 of overpayment and TIPS determines that the amount was not
legally due to TIPS pursuant to this agreement and applicable law. It is the Vendor'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 ESC Board of Directors. TIPS reserves all rights under the law to
collect the fees due. Please contact TIPS at tips@tips-usa.com or call (866) 839-8477 if you have questions
about paying fees.
Indemnity
The Vendor agreesto indemnify and hold harmless and defend TIPS,TIPS Member(s),officers and employees
from and against all claims and suits by third 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, including all such causes of action based
upon common, constitutional, or statutory law, or based in whole or in part, upon allegations of negligent
or intentional acts on the part of the Vendor, its officers, employees, agents, subcontractors, licensees, or
invitees. Parties found liable shall pay their proportionate share 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
Texas Education Code §44.032(f), and pursuant to its requirements 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
TIPS Vendor Agreement 06022020_sr Page 4
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 the Program at any time with or without
cause. Nothing in the Agreement or in any other communication between 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 contract 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 funds for the procurement. All purchase orders presented to
the Vendor, but not fulfilled by the Vendor, by a TIPS Member prior to the actual termination of this
agreement shall be honored at the option of the TIPS Member. The awarded Vendor may terminate the
agreement with ninety (90) days prior written notice to TIPS 4845 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 conditions 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 factors, such as funding sources or other
needs.
TIPS Member Purchasing Procedures
Usually, purchase orders or their equal are issued by participating TIPS Memberto the awarded vendor and
should indicate on the order that the purchase is per the applicable TIPS Agreement Number. Orders are
typically emailed to TIPS at tipspo@tips-usa.com.
• Awarded Vendor delivers goods/services directly to the participating member.
• Awarded Vendor invoices the participating TIPS Member directly.
• Awarded Vendor receives payment directly from the participating member.
• Fees are due to TIPS upon payment by the Member to the Vendor. Vendor agrees to pay the
participation fee to TIPS for all Agreement sales upon receipt of payment including partial payment, from
the Member Entity or as otherwise agreed by TIPS in writing 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 ordinances and regulations pertaining to the lawful
provision of goods or services under the Agreement.TIPS and TIPS Members reserves the right to stop work
and/or cancel an order orterminate 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 prohibited by applicable statue or regulation.
Novation
TIPS Vendor Agreement 06022020_sr Page 5
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 the Agreement obligations of awarded
vendor. TIPS will consider Contract Assignments on a case by case basis. TIPS must be notified within five
(5) business days of the transfer 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,awarded Vendor shall clean up and
remove all debris and rubbish resulting from their work as required 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 TIPS Member includes the cost of
site preparation in a purchase order. Site preparation includes, but 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 that
no employee of a subcontractor who has been adjudicated to be a registered sex offender will perform
work at any time when students are, or reasonably expected to be, present unless otherwise agreed by
the TIPS Member.Awarded Vendor agrees that a violation of this condition shall be considered a material
breach and may result in the cancellation of the purchase order at the TIPS 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 safety 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.
Safety Measures
Awarded Vendor shall take all reasonable precautions for the safety 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 TIPS to use their name and logo within TIPS website, marketing materials
and advertisement subject to any reasonable restrictions provided 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 form of publicity, inclusive of press release,
regarding this Agreement by awarded vendor must have prior approval from TIPS which will not be
unreasonably withheld. Request may be made by email to TIPS@TIPS-USA.COM.
TIPS Vendor Agreement 06022020_sr Page 6
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 to, invoice requirements, ordering
requirements, specialized delivery, etc. Any Supplemental Agreement or contract developed as a result of
this Agreement is exclusively between the TIPS Member entity customer 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 agreement unless named and agreed by the Party
in question in writing in the agreement. If a Vendor submitting a Proposal requires TIPS and/or TIPS
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 become part of TIPS' Agreement with
Vendor unless and until an authorized representative of TIPS reviews and approves it. TIPS review and
approval may be at any time during the life of this Vendor Agreement. TIPS permits TIPS Members to
negotiate additional terms and conditions with the Vendor for the provision of goods or services under the
Vendor's TIPS Agreement so long as they do not materially conflict 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 agreed 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 applicable 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 requirements of TIPS and TIPS Members', the
awarded Vendor shall, at their sole expense, maintain appropriate 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 foregoing, in the event that TIPS is made aware of
any pricing being offered to eligible entities that is materially inconsistent with the pricing under this
agreement,TIPS shall have the ability to conduct the audit internally 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 requested materials shall be reasonably provided in
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 Vendor Agreement 06022020_sr Page 7
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 notice and full particulars of Force Majeure in
writing to the other party within a reasonable time after occurrence 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 overcome 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 governed 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 exclusive jurisdiction of said court in any such
proceeding,waives any objection it may now or hereafter have to venue or to convenience of forum,agrees
that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees
not to bring any proceeding arising out of or relating to this procurement process or any contract resulting
from or any contemplated transaction in any other court.The parties agree that either or both of them may
file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely
bargained for agreement between the parties irrevocably to waive any objections to venue or to
convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be
served on any party anywhere in the world. 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 agreement, 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 with the TIPS Member within two working
days.
Status of TIPS Members as Related to This Agreement
TIPS Members stand in the place of TIPS as related to this agreement 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.
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 actions 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
TIPS Vendor Agreement 06022020_sr Page 8
and shall be billed for the fees. The awarded Vendor may then recover the fees from their named reseller.
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, reserves
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 the 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 GUIDES 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 authorized to bind the undersigned Vendor and that
your company(1) does not boycott Israel; and (2)will not boycott 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 certifythat 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 bids@tips-usa.com
Insurance Requirements
The undersigned Vendor agrees to maintain the below minimum insurance requirements for TIPS Contract
Holders:
TIPS Vendor Agreement 06022020_sr Page 9
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 damages or claims, the Vendor's policy, when the
Vendor is responsible for the claim, must be primary over any other valid and collectible insurance carried
by the Member. Any immunity available to TIPS or TIPS Members shall 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 coverage shall not be suspended, voided,
cancelled, non-renewed or reduced in coverage or in limits unless replaced by a policy that provides the
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 directlyto the Vendor,it is the Vendor's responsibility
to forward a copy of the order to TIPS at the email above within 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 removal 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 accordance with the award.
• Back Ordered Products: If product is not expected to ship within the time provided to 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.
TIPS Vendor Agreement 06022020_sr Page 10
TIPS Vendor Agreement Signature Form
Company Name Industrial Power LLC.
Address 712 N. Beach St.
city Fort Worth State TX Zip 76111
Phone 817-834-7473 Fax 817-834-1516
Email of Authorized Representative Baileyb@iptruck.com
Name of Authorized Representative Bailey Bible
Title Municipality Account Manager
Signature of Authorized Representative
5Z,�&
Date 09/28/2020
TIPS Authorized Representative Name Meredith Barton
Title Chief Operating Officer
TIPS Authorized Representative Signature � aucC
Approved by ESC Region 8 AM4, 941
Date 10-29-2020
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 QUESTIONS
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 LEGAL
COUNSEL TO MEMBERS. TIPS RECOMMENDS THAT YOU CONSULT YOUR LEGAL
COUNSEL WHEN EXECUTING CONTRACTS WITH OR MAKING PURCHASES FROM
TIPS VENDORS.
200803
Industrial Power Truck LLC
Supplier Response
Event Information
Number: 20080
TitlEj
Type: Request for Proposal
Issue Date: 8/6/2020
Deadline: 10/2/2020 03.00 PM (CT)
Notes: This solicitation is for Heavy Duty and Medium Duty Truck and
Trailer PARTS AND SERVICES ONLY. This Solicitation is not
for the sale of vehicles or trailers. If you wish to propose the
sale of heavy or medium duty trucks or trailers, please respond
to TIPS Solicitations 200802 Heavy Duty and Medium Duty
Trucks and Trailers.
Contact Information
Address: Region 8 Education Service Center
4845 US Highway 271 North
Pittsburg, TX 75686
Phone: +1 (866) 839-8477
Email: bids@tips-usa.com
Page I of 24 pages Vendor:Industrial Power Truck LLC 200803
Industrial Power Truck LLC Information
Contact: Bailey Bible
Address: 712 North Beach Street
Fort Worth, TX 76111
Phone: (817) 834-7473 x143
Fax: (817) 834-2400
Email: baileyb@iptruck.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Bailey Bible baileyb@iptruck.com
Signature Email
Submitted at 9/28/2020 3:03:32 PM
Requested Attachments
Vendor Agreement 200803 Vendor Agreement.pdf
The vendor must download the Vendor Agreement from the attachment tab, fill in the requested information and
upload the completed agreement.
DO NOT UPLOAD encrypted or password protected files.
Agreement Signature Form 200803 Agreement Signature_Form.pdf
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
completed and 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
have been negotiated and resolved with TIPS management. Upload the unsigned form here, because this is a
required document.
Pricing Spreadsheet #1 Copy of 200803 Pricing_Form_1.xlsx
The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, fill in the requested
information and upload the completed spreadsheet.
DO NOT UPLOAD encrypted or password protected files.
Pricing Spreadsheet #2 Copy of 200803 Pricing_Form_2.xlsx
The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, fill in the requested
information and upload the completed spreadsheet.
DO NOT UPLOAD encrypted or password protected files.
References Reference Form 4-17-20.xls
The vendor must download the References spreadsheet from the attachment tab, fill in the requested information and
upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files.
Proposed Goods and Services Catalogs and Proposed Gods.zip
Please upload one or more documents or sheets describing your offerings, line cards, catalogs, links to offerings OR
list links to your offerings that illustrate the catalog of proposed lines of goods and or services you carry and offer
under this proposal. I does not have to be exhaustive but should, at a minimum tell us what you are offering. It could
be as simple as a sheet with your link to your online catalog of goods and services.
Page 2 of 24 pages Vendor:Industrial Power Truck LLC 200803
D/M/WBE Certification OPTIONAL No response
D/M/WBE Certification documentation may be scanned and uploaded if you desire to claim your status as one of the
identified enterprises. (Disadvantaged Business Enterprise, Minority Business Enterprise and/or Woman Business
Enterprise) If vendor has more than one certification scan into one document. (PDF Format ONLY)
DO NOT UPLOAD encrypted or password protected files.
Warranty IP Warranty and return Form.zip
Warranty information (if applicable) must be scanned and uploaded. (PDF Format ONLY)
DO NOT UPLOAD encrypted or password protected files.
Supplementary Supplemental info.zip
Supplementary information may be scanned and uploaded. (Company information, brochures, catalogs, etc.) (PDF
Format ONLY)
DO NOT UPLOAD encrypted or password protected files.
All Other Certificates IP Truck CERTS.zip
All Other Certificates (if applicable) must be scanned and uploaded. If vendor has more than one other certification
scan into one document. (PDF Format ONLY)
DO NOT UPLOAD encrypted or password protected files.
Logo and Other Company Marks iptruck-logo.png
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
Supplementary section or another non-required section under the "Response Attachment" tab. Preferred Logo
Format: 300 x 225 px- .png, .eps, .jpeg preferred
Conflict of Interest Form CIQ- ONLY REQUIRED IF A CONFLICT EXISTS PER THE No response
INSTRUCTIONS
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
the Base documents or can be found at https://www.tips-usa.com/assets/documents/docs/CIQ.pdf.
Certificate of Corporate Offerer - COMPLETE ONLY IF OFFERER IS A CORPORATION No response
COMPLETE AND UPLOAD FORM IN ATTACHMENTS SECTION ONLY IF OFFERER IS A CORPORATION
Disclosure of Lobbying Activities Standard Form LLL No response
ONLY IF you answered "I HAVE Lobbied per above" to attribute #66, please download and complete and upload the
Standard Form-LLL, "disclosure Form to Report Lobbying," in the Response attachments section.
Confidentiality Form 200803 CONFIDENTIALITY CLAIM_FORM.pdf
REQUIRED CONFIDENTIALITY FORM. Complete the form according to your company requirements, make any
desired attachments 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 W-9.pdf
You are required by TIPS to upload a current W-9 Internal Revenue Service (IRS) Tax Form for your entity. This form
will be utilized by TIPS to properly identify your entity. Additionally, if not designated "Confidential' in your proposal
response, this W-9 may be accessed by TIPS Members for the purpose of making TIPS purchases from you in the
event that you are awarded. If you wish to designate your required W-9 confidential, please do so according to the
terms of the Confidentiality Claim Form which is an attachment to this solicitation.
Bid Attributes
1 Yes - No
Disadvantaged/Minority/Women Business Enterprise - D/M/WBE (Required by some participating governmental
entities) Vendor certifies that their firm is a D/M/WBE? Vendor must upload proof of certification to the "Response
Attachments" D/M/WBE CERTIFICATES section.
NO
Page 3 of 24 pages Vendor:Industrial Power Truck LLC 200803
2 Yes - No
Historically Underutilized Business - HUB (Required by some participating governmental entities) Vendor certifies
that their firm is a HUB as defined by the State of Texas at https://comptroller.texas.gov/purchasing/vendor/hub/ or in
a HUBZone as defined by the US Small Business Administration at https://www.sba.gov/offices/headquarters/ohp
Proof of one or both may be submitted. Vendor must upload proof of certification to the "Response Attachments"
HUB CERTIFICATES section.
No
3 Yes - No
The Vendor can provide services and/or products to all 50 US States?
Yes
4 States Served:
If answer is NO to question #3, please list which states can be served. (Example: AR, OK, TX)
N/A
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
750 characters.)
Industrial Power Truck and Equipment offers the sale of class 3-8 trucks with or without bodies and trailers. We
can support any vocational need and up-fit the unit however you see fit. We also provide custom paint and decals
for the units in our Body Shop. In addition, we provide the service of class 3-8 trucks with our OEM Brands being
HINO, ISUZU, AUTOCAR, ALLISON, CUMMINS, DETROIT DIESEL 60 Series. We can provide the repair of these
units as well as preventive maintenance, paint and body repairs and we sell parts for all of these brands and many
many more.
6 Primary Contact Name
Primary Contact Name
Bailey Bible
7 Primary Contact Title
Primary Contact Title
Municipality Account Manager
8 Primary Contact Email
Primary Contact Email
marjories@iptruck.com
9 Primary Contact Phone
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
8175467606
1 Primary Contact Fax
U Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
9726323735
Page 4 of 24 pages Vendor:Industrial Power Truck LLC 200803
1 Primary Contact Mobile
1 Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
2142771590
1 Secondary Contact Name
2 Secondary Contact Name
Brian O'Neil
1 Secondary Contact Title
3 Secondary Contact Title
VP & Owner
1 Secondary Contact Email
4 Secondary Contact Email
briano@iptruck.com
1 Secondary Contact Phone
5 Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
9726323737
1 Secondary Contact Fax
6 Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
9726323735
1 Secondary Contact Mobile
7 Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
No response
1 Admin Fee Contact Name
8 Admin Fee Contact Name. This person is responsible for paying the admin fee to TIPS.
Marjorie Sims
1 Admin Fee Contact Email
9 Admin Fee Contact Email
marjories@iptruck.com
2 Admin Fee Contact Phone
U Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
8175467606
2 Purchase Order Contact Name
1 Purchase Order Contact Name. This person is responsible for receiving Purchase Orders from TIPS.
Bailey Bible
Page 5 of 24 pages Vendor:Industrial Power Truck LLC 200803
2 Purchase Order Contact Email
2 Purchase Order Contact Email
baileyb@iptruck.com
2 Purchase Order Contact Phone
3 Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
2142771590
2 Company Website
4 Company Website (Format-www.company.com)
www.iptruck.com & https:Hinfo.iptruck.com/fleetservi ees
2 Federal ID Number
5 Federal ID Number also known as the Employer Identification Number(EIN). Numeric only. (Format: 123456789)
75-268213
2 Primary Address
6 Primary Address
712 N. BEACH ST
2 Primary Address City
7 Primary Address City
FORT WORTH
2 Primary Address State
8 Primary Address State (2 Digit Abbreviation)
TX
2 Primary Address Zip
9 Primary Address Zip
76111
3 Search Words:
U Please list search words to be posted in the TIPS database about your company that TIPS website users might
search. Words may be product names, manufacturers, or other words associated with the category of award. YOU
MAY NOT LIST NON-CATEGORY ITEMS. (Limit 500 words) (Format: product, paper, construction, manufacturer
name, etc.)
Allison, Cummins, HINO, ISUZU, AUTOCAR, AISIN, Parts, Service, Body and Paint Repairs, First Responder
Service
Page 6 of 24 pages Vendor:Industrial Power Truck LLC 200803
3 Do you want TIPS Members to be able to spend Federal grant funds with you if awarded? Is it your
intent to be 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 and they make up a significant portion of their budgets.
The Members need to know if your company is willing to sell to them when they spend federal budget funds on 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 Federal or Education Department General
Administrative Regulations (EDGAR) compliant.
Do you want TIPS Members to be able to spend Federal grant funds with you if awarded and is it your intent to be
able to sell to TIPS Members regardless of the fund source, whether it be local, state or federal?
Yes
3 Yes - No
2 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;
(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
awarded vendors. It does not affect scoring with TIPS.
Yes
3 Company Residence (City)
3 Vendor's principal place of business is in the city of?
Fort Worth
3 Company Residence (State)
4 Vendor's principal place of business is in the state of?
Texas
Page 7 of 24 pages Vendor:Industrial Power Truck LLC 200803
3 Discount Offered -CAUTION READ CAREFU�CAUSEA&NDOjVREQUEJffLY MAKE MISTAKES
5 ON THIS ATTRIBUTE QUESTION
Remember this is a MINIMUM discount percentage. So, be sure that the discount percentage inserted here can be
applied to ANY OFFERING OF GOODS OR SERVICES THROUGHOUT THE LIFE OF THE CONTRACT
CAUTION: BE CERTAIN YOU CAN HONOR THIS MINIMUM DISCOUNT PERCENTAGE ON ANY OFFERED SERVICE
OR 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
regular catalog (as defined in the solicitation specifications document), website, store or shelf pricing or when
adding new goods or services to your offerings during the life of the contract? The resulting price of any goods or
services Catalog list prices after this discount is applied is a ceiling on your pricing and not a floor because, in order
to be more competitive in the individual circumstance, you may offer a larger discount depending on the items or
services purchased and the quantity at time of sale.
Must answer with a number between 0% and 100%.
15%
3 Yes - No
6 For the duration of the Contract, Vendor agrees to provide catalog pricing, as defined in the solicitation and below,
to TIPS upon request for any goods and services offered on the Vendor's TIPS Contract.
"Catalog" means the available list of tangible personal property or services, in the most current listing, regardless of
date, 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 inspection by a customerduring the purchase process;
C. to which the minimum discount proposed by the proposing Vendor maybe applied.
Yes
3 TIPS Administration Fee
7 By submitting a proposal, I agree that all pricing submitted to TIPS shall include the Administration Fee, as
designated in the solicitation or as otherwise agreed in writing which shall be remitted to TIPS by the Vendor, or the
vendor's named resellers, and as agreed to in the Vendor Agreement. I agree that the fee shall not and will not be
added by the Vendor as a separate line item on a TIPS member invoice, quote, proposal or any other written
communications with the TIPS member.
3 Yes - No
8 Vendor agrees to remit to TIPS the required administration fee or, if resellers are named, Vendor agrees to
guarantee the fee remittance by or for the reseller named by the vendor?
TIPS/ESC Region 8 is required by Texas Government Code § 791 to be compensated for its work and thus, failure
to agree shall render your response void and it will not be considered.
Agreed
3 Yes - No
9 Do you offer additional discounts to TIPS members for large order quantities or large scope of work?
Yes
Page 8 of 24 pages Vendor:Industrial Power Truck LLC 200803
4 Years experience in category of goods or services
U Company years experience in this category of goods or services? This is an evaluation criterion worth a maximum
of 10 points. See RFP for more information.
38
4 Resellers:
Does the vendor have resellers that it will name under this contract? Resellers are defined as other companies that
sell your products under an agreement with you, the awarded vendor of TIPS.
EXAMPLE: BIGmart is a reseller of ACME brand televisions. If ACME were a TIPS awarded vendor, then ACME
would list BIGmart as a reseller.
(If applicable, Vendor should add all Authorized Resellers within the TIPS Vendor Portal upon award).
No
4 Pricing discount percentage are guaranteed for?
2 Does the vendor agrees to honor the proposed pricing discount percentage off regular catalog (as defined in the
RFP document), website, store or shelf pricing for the term of the award?
YES
4 Right of Refusal
3 Does the proposing vendor wish to reserve the right not to perform under the awarded agreement with a TIPS
member at vendor's discretion?
Yes
4 NON-COLLUSIVE BIDDING CERTIFICATE
4 By submission of this bid or proposal, the Bidder certifies that:
1) This bid or proposal has been independently arrived at without collusion with any other Bidder or with any
Competitor;
2) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of
bids, 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
submit a 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
person signing in its behalf.
Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered.
Page 9 of 24 pages Vendor:Industrial Power Truck LLC 200803
4 CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ - Do you have any CONFLICT OF INTEREST
5 TO REPORT OR DISCLOSE under this statutory requirement?
Do you have any CONFLICT OF INTEREST TO REPORT OR DISCLOSE under this statutory requirement? YES or
NO
If you have a conflict of interest as described in this form or the Local Government Code Chapter 176, cited therein-
you are required to complete and file with TIPS.
You may find the Blank CIQ form on our website at:
Copy and Paste the following link into a new browser or tab:
https://www.tips-usa.com/assets/documents/docs/CIQ.pdf
There is an optional upload for this form provided if you have a conflict and must file the form.
No
4 Filing of Form CIQ
6 If yes (above), have you filed a form CIQ by uploading the form to this RFP as directed above?
No response
4 Regulatory Standing
7 1 certify to TIPS for the proposal attached that my company is in good standing with all governmental agencies
Federal or state that regulate any part of our business operations. If not, please explain in the next attribute
question.
Yes
4 Regulatory Standing
8 Regulatory Standing explanation of no answer on previous question.
No response
4 Antitrust Certification Statements (Tex. Government Code § 2155.005)
9 By submission of this bid or proposal, the Bidder certifies that:
I affirm under penalty of perjury of the laws of the State of Texas that:
(1) 1 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
Texas Free 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
this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged
in the same line of business as the Company.
Page 10 of 24 pages Vendor:Industrial Power Truck LLC 200803
5 Suspension or Debarment Instructions
U Instructions for Certification:
1. By answering yes to the next Attribute question below, the vendor and prospective lower tier participant is
providing the 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
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered
an erroneous certification in addition to other remedies available to the federal government, the department or
agency with which this transaction originated may pursue available remedies, including suspension and / or
debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal
is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
"participants," "person," "primary covered transaction," "principal," "proposal' and "voluntarily excluded," as used in
this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive
Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of
those regulations.
5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction" without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency
by which it determines the eligibility of its principals. Each participant may, but is not required to, check the
Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business
dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible or voluntarily excluded from participation in this transaction, in addition to other remedies available to the
federal government, the department or agency with which this transaction originated may pursue available
remedies, including suspension and / or debarment.
Page 11 of 24 pages Vendor:Industrial Power Truck LLC 200803
5 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.
Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must
not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986
Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
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 Non-Discrimination Statement and Certification
2 In accordance with Federal civil rights law, all U.S. Departments, including the U.S. Department of Agriculture
(USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions
participating in or administering USDA programs are prohibited from discriminating based on race, color, national
origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status,
family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for
prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all
programs). Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille,
large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET
Center at (202) 720-2600 (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 English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027,
found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed
to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint
form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of
Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C.
20250-9410; (2) fax: (202) 690-7442; or (3)
email: program.intake@usda.gov.
(Title VI of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age
Discrimination Act of 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS
Instruction 113-1, Civil Rights Compliance and Enforcement— Nutrition Programs and Activities)
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 render your proposal non-responsive and it will not be
considered. I certify that in the performance of a contract with TIPS or its members, that our company will conform to
the foregoing anti-discrimination statement and comply with the cited and all other applicable laws and regulations.
Yes
Page 12 of 24 pages Vendor:Industrial Power Truck LLC 200803
5 2 CFR PART 200 Contract Provisions Explanation
3 Required Federal contract provisions of Federal Regulations for Contracts for contracts with ESC Region 8 and
TIPS Members:
The following provisions are required to be in place and agreed if the procurement is funded in any part with federal
funds.
The ESC Region 8 and TIPS Members are the subgrantee or Subrecipient by definition. Most of the provisions are
located in 2 CFR PART 200 -Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under
Federal Awards 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-
Federal entity under the Federal award must contain provisions covering the following, as applicable.
5 2 CFR PART 200 Contracts
4 Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council
(Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in
instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as
appropriate.
Notice: Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region
8 and TIPS Members reserves all rights and privileges under the applicable laws and regulations with respect to this
procurement in the event of breach of contract by either party.
Does vendor agree?
Yes
5 2 CFR PART 200 Termination
5 Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be
effected and the basis for settlement. (All contracts in excess of$10,000)
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and
TIPS Members reserves the right to terminate any agreement in excess
of$10,000 resulting from this procurement process for cause after giving the vendor an appropriate opportunity
and up to 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 excess of$10,000 resulting from this procurement
process for convenience with 30 days notice in writing to the awarded vendor. The vendor
would be compensated for work performed and goods procured as of the termination date if for convenience of the
ESC Region 8 and TIPS Members. Any award under this procurement process is not exclusive and the ESC Region
8 and TIPS reserves the right to purchase goods and services from other vendors when it is in the best interest of
the ESC Region 8 and TIPS.
Does vendor agree?
Yes
Page 13 of 24 pages Vendor:Industrial Power Truck LLC 200803
5 2 CFR PART 200 Clean Air Act
6 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as
amended—Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the
non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental
Protection Agency (EPA).
Pursuant to the Clean Air Act, et al above, when federal funds are expended by ESC Region 8 and TIPS Members,
ESC Region 8 and TIPS Members requires that the proposer certify that during the term of
an award by the ESC Region 8 and TIPS Members resulting from this procurement process the vendor agrees to
comply with all of the above regulations, including all of the terms listed and referenced therein.
Does vendor agree?
Yes
5 2 CFR PART 200 Byrd Anti-Lobbying Amendment
7 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000
must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.
Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and
TIPS Members requires the proposer certify that during the term and during the life of any contract with ESC Region
8 and TIPS Members resulting from this procurement process the vendor certifies to the terms included or
referenced herein.
Does vendor agree?
Yes
5 2 CFR PART 200 Federal Rule
8 Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42
U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental
Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of
$100,000)
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and
TIPS Members requires the proposer certify that in performance of the contracts, subcontracts, and subgrants of
amounts in excess of$100,000, the vendor will be in compliance with all applicable standards, orders, or
requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act
(33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).
Does vendor certify that it is in compliance with the Clean Air Act?
Yes
Page 14 of 24 pages Vendor:Industrial Power Truck LLC 200803
5 2 CFR PART 200 Procurement of Recovered Materials
9 A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must
comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (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 purchase price of the item exceeds $10,000 or the value
of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management
services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
Does vendor certify that it is in compliance with the Solid Waste Disposal Act as described above?
Yes
6 Certification Regarding Lobbying
0 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 1352, 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 penalty 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
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal
contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement,
and the extension, continuation, 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
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "disclosure Form to Report Lobbying,"
in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all
covered subawards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall
certify and disclose accordingly.
I HAVE NOT Lobbied per above
6 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 From LLL, disclosure Form to Report Lobbying"which includes instruction on completing the form,
complete and submit it in the Response Attachments section as a report of the lobbying activities you performed or
paid others to perform.
Page 15 of 24 pages Vendor:Industrial Power Truck LLC 200803
6 Subcontracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus
2 Area 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
6 ONLY IF YES TO THE PREVIOUS QUESTION OR if you ever do subcontract any part of your
3 performance 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 TIPS Agreement,
do you agree to comply with the following federal requirements?
Federal Regulation 2 CFR §200.321 Contracting with small and minority businesses, women's business enterprises,
and 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
participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and
minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration
and the 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)
through (5) of this section.
No response
Page 16 of 24 pages Vendor:Industrial Power Truck LLC 200803
6 Indemnification
4 The ESC Region 8 and TIPS is a Texas Political Subdivision and a local governmental entity; therefore, is prohibited
from
indemnifying third parties pursuant to the Texas Constitution (Article 3, Section 52) except as specifically provided
by law or as
ordered by a court of competent jurisdiction. A provision in a contract to indemnify or hold a party harmless is a
promise to pay for
any expenses the indemnified party incurs, if a specified event occurs, such as breaching the terms of the contract
or negligently
performing duties under the contract. Article III, Section 49 of the Texas Constitution states that "no debt shall be
created by or on
behalf of the State ... " The Attorney General has counseled that a contractually imposed obligation of indemnity
creates a "debt" in
the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Contract clauses which require the System or
institutions to
indemnify must be deleted or qualified with "to the extent permitted by the Constitution and Laws of the State of
Texas." Liquidated
damages, attorney's fees, waiver of vendor's liability, and waiver of statutes of limitations clauses should also be
deleted or 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
you agree
to these terms?
Yes
6 Remedies
5 The parties shall be entitled to exercise any right or remedy available to it either at law or in equity, subject to the
choice of law, venue
and service of process clauses limitations agreed herein. Nothing in this agreement shall commit the TIPS to an
arbitration 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
of either party. Any
issues not resolved hereunder MAY be referred to non-binding mediation to be conducted by a mutually agreed
upon mediator as a
prerequisite to the filing of any lawsuit over such issue(s). The parties shall share the mediator's fee and any
associated filing fee
equally. Mediation shall be held in Camp or Titus County, Texas. Agreements reached in mediation shall be reduced
to writing, and
will be subject to the approval by the District's Board of Directors, 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
6 Remedies Explanation of No Answer
6 No response
Page 17 of 24 pages Vendor:Industrial Power Truck LLC 200803
6 Choice of Law
7 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, construed and enforced in accordance with the
laws of the 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
outside Texas.
Do you agree to these terms?
Agreed
6 Venue, Jurisdiction and Service of Process
8 An proceeding, involving Region 8 ESC or TIPS, arising out of or relating to this procurement process or an
Y p 9, 9 9� 9 9 p p Y
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 exclusive jurisdiction of said
court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of
forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court,
and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract
resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may
file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for
agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in
any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world.
Any dispute resolution process other than litigation shall have venue in Camp County or Titus County Texas.
Do you agree to these terms?
Agreed
6 Infringement(s)
9 The successful vendor will be expected to indemnify and hold harmless 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 service marks, and any other intellectual or
intangible property rights attributed to or claims based on the Vendor's proposal or Vendor's performance of
contracts awarded and approved.
Do you agree to these terms?
Yes, I Agree
7 Infringement(s) Explanation of No Answer
No response
7 Contract Governance
1 Any contract made or entered into by the TIPS is subject to and is to be governed by Section 271.151 et seq, Tex
Loc Gov't Code. Otherwise, TIPS does not waive its governmental immunities from suit or liability except to the
extent expressly waived by other applicable laws in clear and unambiguous language.
Yes
Page 18 of 24 pages Vendor:Industrial Power Truck LLC 200803
7 Payment Terms and Funding Out Clause
2 Payment Terms:
TIPS or TIPS Members shall not be liable for interest or late payment fees on past-due balances at a rate higher
than permitted by the laws or regulations of the jurisdiction of the TIPS Member.
Funding Out Clause:
Vendor agrees to abide by the laws and regulations, including Texas Local Government Code § 271.903, or any
statutory or regulatory limitations of the jurisdiction of any TIPS Member which governs contracts entered into by the
Vendor and TIPS or a TIPS Member that requires all contracts approved by TIPS or a TIPS Member are subject to
the budgeting and 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 proposal non-responsive and it will not be considered.
Do you agree to these terms?
Yes
7 Insurance and Fingerprint Requirements Information
3 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,
Chapter 22, Section 22.0834. Statutory language may be found at: http://w\Aw.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
Then you have "covered" employees for purposes of completing the attached form.
TIPS recommends all vendors consult their legal counsel for guidance in compliance with this law. If you have
questions on how to comply, see below. If you have questions on compliance with this code section, contact the
Texas Department of Public Safety Non-Criminal Justice Unit, Access and Dissemination Bureau, FAST-FACT at
NCJU@txdps.state.tx.us and you should send an email identifying you as a contractor to a Texas Independent
School 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
Page 19 of 24 pages Vendor:Industrial Power Truck LLC 200803
7 Texas Education Code Chapter 22 Contractor Certification for Contractor Employees
4 Introduction: Texas Education Code Chapter 22 requires entities that contract with school districts to provide
services to obtain criminal history record information regarding covered employees. Contractors must certify to the
district that they have complied. Covered employees with disqualifying criminal histories are prohibited from serving
at a school district.
Definitions: Covered employees: Employees of a 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 will be the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: Any
conviction or other criminal history information designated by the District, or one of the following offenses, if at the
time of the offense, the victim was under 18 or enrolled in a public school:
(a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as
a sex offender under Chapter 62, Texas Code of Criminal Procedure; or(c) an equivalent offense under federal law
or the laws of another state.
I certify that:
NONE (Section A) of the employees of Contractor and any subcontractors are covered employees, as defined
above. If 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.
SOME (Section B) or all of the employees of Contractor and any subcontractor are covered employees. If this box
is checked, I further certify that:
(1) Contractor has obtained all required criminal history record information regarding its covered employees. None
of the covered employees has a disqualifying criminal history.
(2) If Contractor receives information that a covered employee subsequently has a reported criminal history,
Contractor will immediately remove the covered employee from contract duties and notify the District in writing within
3 business days.
(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
history 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
Page 20 of 24 pages Vendor:Industrial Power Truck LLC 200803
7 Texas Business and Commerce Code § 272 Requirements as of 9-1-2017
5 SB 807 prohibits construction contracts to have provisions requiring the contract to be subject to the laws of
another state, to be required to litigate the contract in another state, or to require arbitration in another state. A
contract with such provisions is voidable. Under this new statute, a "construction contract" includes contracts,
subcontracts, or agreements with (among others) architects, engineers, contractors, construction managers,
equipment lessors, or materials suppliers. "Construction contracts" are for the design, construction, alteration,
renovation, remodeling, or repair of any building or improvement to real property, or for furnishing materials or
equipment for the project. The term also includes moving, demolition, or excavation. BY RESPONDING TO THIS
SOLICITATION,AND WHEN APPLICABLE, THE PROPOSER AGREES TO COMPLY WITH THE TEXAS BUSINESS
AND COMMERCE CODE §272 WHEN EXECUTING CONTRACTS WITH TIPS MEMBERS THAT ARE TEXAS
GOVERNMENT ENTITIES.
7 Texas Government Code 2270 Verification Form
6 Texas Government Code 2270 Verification Form
If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this
Agreement has a value of$100,000 or more, the following certification shall apply; otherwise, this certification is not
required. Pursuant to Chapter 2270 of the Texas Government Code, the Vendor hereby certifies and verifies that
neither the Vendor, nor any affiliate, subsidiary, or parent company of the Vendor, if any (the "Vendor Companies"),
boycotts Israel, and the Vendor agrees that the Vendor and Vendor Companies will not boycott Israel during the
term of this Agreement. For purposes of this Agreement, the term "boycott" shall mean and include refusing to deal
with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic
harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an Israeli-
controlled territory, but does not include an action made for ordinary business purposes.
Our entity further certifies that it is is not listed on and we do 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
I swear and affirm that the above is true and correct.
YES
7 Logos and other company marks
7 Please upload our company logo to be added to our individual profile page on the TIPS website. If an articular
p Y p Y 9 Y p p 9 Yp
specifications are required for use of your company logo, please upload that information under the "Logo and Other
Company Marks" section under the "Response Attachment" tab. Preferred Logo Format: 300 x 225 px- .png, .eps,
Jpeg 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
publishing)
Page 21 of 24 pages Vendor:Industrial Power Truck LLC 200803
7 Solicitation Deviation/Compliance
8 Does the vendor agree with the General Conditions Standard Terms and
Conditions or Item Specifications listed in this proposal invitation?
Yes
7 Solicitation Exceptions/Deviations Explanation
9 If the bidder intends to deviate from the General Conditions Standard Terms and Conditions or Item Specifications
listed in 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
bid 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
Standard Terms and Conditions, Item Specifications, and all other information contained in this Solicitation.
No response
8 Agreement Deviation/Compliance
U Does the vendor agree with the language in the Vendor Agreement?
Yes
8 Agreement Exceptions/Deviations Explanation
1 If the proposing Vendor desires to deviate form the Vendor Agreement language, all such deviations must be listed
on this attribute, with complete and detailed conditions and information included. TIPS will consider any deviations in
its proposal award decisions, and TIPS reserves the right to accept or reject any proposal based upon any
deviations indicated below. In the absence of any deviation entry on this attribute, the proposer assures TIPS of
their full compliance with the Vendor Agreement.
No response
8 Felony Conviction Notice
2 Texas Education Code, Section 44.034, Notification of Criminal History, Subsection (a), states "a person or business
entity that enters into a contract with a school district must give advance notice to the district if the person or an
owner or operator of the business entity has been convicted of a felony. The notice must include a general
description of the conduct resulting in the conviction of a felony." Subsection (b) states "a school district may
terminate a contract with a person or business entity if the district determines that the person or business entity
failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The
district must compensate the person or business entity for services performed before the termination of the
contract." (c) This section does not apply to a publicly held corporation. 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
answer C below, you are required to provide information in the next attribute.
B. Firm not owned nor operated by felon; per above
Page 22 of 24 pages Vendor:Industrial Power Truck LLC 200803
8 If you answered C. My Firm is owned or operated by a felon to the previous question, you are
3 REQUIRED TO ANSWER THE FOLLOWING QUESTIONS.
If you answered C. My Firm is owned or operated by a felon to the 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
8 Long Term Cost Evaluation Criterion #4.
4 READ CAREFULLY and see in the RFP document under"Proposal Scoring and Evaluation".
Points will be assigned to this criterion based on your answer to this Attribute. Points are awarded if you agree not
increase your catalog prices (as defined herein) more than X% annually over the previous year for years two and
three and potentially year four, unless an exigent circumstance exists in the marketplace and the excess price
increase which exceeds X% annually is supported by documentation provided by you and your suppliers and
shared with TIPS, if requested. If you agree NOT to increase prices more than 5%, except when justified by
supporting documentation, you are awarded 10 points; if 6% to 14%, except when justified by supporting
documentation, you receive 1 to 9 points incrementally. Price increases 14% or greater, except when justified by
supporting documentation, receive 0 points.
increases will be 5% or less annually per question
8 Required Confidentiality Claim Form
5 Required Confidentiality Claim Form
This completed form is required by TIPS. By submitting a response to this solicitation you agree to download from
the "Attachments" section, complete according to the instructions on the form, then uploading the completed form,
with any confidential attachments, if applicable, to the "Response Attachments" section titled "Confidentiality Form"
in order to provide to TIPS the completed form titled, "CONFIDENTIALITY CLAIM FORM". By completing this
process, you provide us with the information we require to comply with the open record laws of the State of Texas as
they may apply to your proposal submission. If you do not provide the form with your proposal, an award will not be
made if your proposal is qualified for an award, until TIPS has an accurate, completed form from you.
Read the form carefully before completing and if you have any questions, email Rick Powell at TIPS at
rick.powell(aMips-usa.com
8 Choice of Law clauses with TIPS Members
6 If the vendor is awarded a contract with TIPS under this solicitation, the vendor agrees to make any Choice of Law
clauses in any contract or agreement entered into between the awarded vendor and with a TIPS member entity to
read as follows: "Choice of law shall be the laws of the state where the customer resides" or words to that effect.
Agreed
8 Venue of dispute resolution with a TIPS Member
7 In the event of litigation or use of any dispute resolution model when resolving disputes with a TIPS member entity
as a result of a transaction between the vendor and TIPS or the TIPS member entity, the Venue for any litigation or
other agreed upon model shall be in the state and county where the customer resides unless otherwise agreed by
the parties at the time the dispute resolution model is decided by the parties.
Agreed
Page 23 of 24 pages Vendor:Industrial Power Truck LLC 200803
8 Automatic renewal of contracts or agreements with TIPS or a TIPS member entity
8 This clause DOES NOT prohibit multiyear contracts or agreements with TIPS member entities.
Because TIPS and TIPS members are governmental entities subject to laws that control appropriations of funds
during their fiscal years for contracts and agreements to provide goods and services, does the Vendor agree to limit
any automatic renewal clauses of a contract or agreement executed as a result of this TIPS solicitation award to not
longer than "month to month" and at the TIPS contracted rate.
Agreed
8 Indemnity Limitation with TIPS Members
9 Texas and other states restrict by law or state Constitution the ability of a governmental entity to indemnify others.
TIPS requires that any contract entered into between a vendor and TIPS or a TIPS Member as a result of an award
under this Solicitation limit the requirement that the Customer indemnify the Vendor by either eliminating any such
indemnity requirement clauses in any agreements, contracts or other binding documents OR by prefacing all
indemnity clauses required of TIPS or the TIPS Member entity with the following: "To the extent permitted by the laws
or the Constitution of the state where the customer resides, ".
Agreement is a required condition to award of a contract resulting from this Solicitation.
Agreed
9 Arbitration Clauses
U Except for certain circumstances, TIPS forbids a mandatory arbitration clause in any contract or agreement entered
into between the awarded vendor with TIPS or a TIPS member entity. Does 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 Required Vendor Sales Reporting
1 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
price 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 sales, login to the TIPS Vendor Portal 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 further questions, contact the Accounting Team
at accounting(aMips-usa.com. 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.
9 Upload of Current W-9 Required
2 Please note that you are required by TIPS to upload a current W-9 Internal Revenue Service (IRS) Tax Form for
your entity. This form will be utilized by TIPS to properly identify your entity. Additionally, if not designated
"Confidential" in your proposal response, this W-9 may be accessed by TIPS Members for the purpose of making
TIPS purchases from you in the event that you are awarded. If you wish to designate your required W-9
confidential, please do so according to the terms of the Confidentiality Claim Form which is an attachment to this
solicitation.
Page 24 of 24 pages Vendor:Industrial Power Truck LLC 200803
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TIPS RFP# 200803
Required Confidential Information Status Form
CONFIDENTIAL INFORMATION SUBMITTED IN RESPONSE TO COMPETITIVE PROCUREMENT REQUESTS OF
EDUCATION SERVICE CENTER REGION 8 AND TIPS (ESC8) IS GOVERNED BY TEXAS GOVERNMENT CODE,
CHAPTER 552
If you consider any portion of your proposal to be confidential information and not subject to public disclosure pursuant to
Chapter 552 Texas Gov't Code or other law(s),you must attach a copy of all claimed confidential materials within your
proposal and put this COMPLETED form as a cover sheet to said materials then scan,name "CONFIDENTIAL" and
upload with your proposal submission. (You must include all the confidential information in the submitted proposal. The
copy uploaded is to indicate which material in your proposal,if any,you deem confidential in the event the receives a Public
Information Request.) ESC8 and TIPS will follow procedures of controlling statute(s) regarding any claim of confidentiality
and shall not be liable for any release of information required by law. Upon your claim and your defense to the Office of
Texas Attorney General is required to make the final determination whether the information submitted by you and held by
ESC8 and TIPS is confidential and exempt from public disclosure.
Industrial Power LLC.
Name of company
Bailey Bible Municipality Account Manager
Printed Name and Title of authorized company officer declaring below the confidential status of material
712 N. Beach St. Fort Worth TX 76111 817-834-7473
Address City State ZIP Phone
ALL VENDORS MUST COMPLETE THE ABOVE SECTION.
I DO CLAIM parts of my proposal to be confidential and DO NOT desire to expressly waive a claim of
confidentiality of all information contained within our response to the solicitation. The attached contains material from our
proposal that I classify and deem confidential under Texas Gov't Code Sec. 552 or other law(s) and I invoke my statutory
rights to confidential treatment of the enclosed materials.
ATTACHED ARE COPIES OF PAGES OF CLAIMED CONFIDENTIAL MATERIAL FROM OUR
PROPOSAL THAT WE DEEM TO BE NOT PUBLIC INFORMATION AND WILL DEFEND THAT CLAIM
TO THE TEXAS ATTORNEY GENERAL IF REQUESTED WHEN A PUBLIC INFORMATION REQUEST IS
MADE FOR OUR PROPOSAL.
Signature Date 09/28/2020
OR -----------------------------------------------------------------------------------------------------------
I DO NOT CLAIM any of my proposal to be confidential, complete the section below.
Express Waiver: I desire to expressly waive any claim of confidentiality as to any and all information
contained within our response to the competitive procurement process (e.g. RFP, CSP, Bid, RFQ, etc.)by
completing the following and submitting this sheet with our response to Education Service Center Region 8 and
TIPS.
BAILEY BIBLE Digitally signed by BAILEY BIBLE
Signature Date: 2020.09.28 14:52:51 -05'00' Date 09�28�2020
Confidentiality Claim Form rev 02272019
EXHIBIT D
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An
offense under this section is a misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
ILL C-
2
Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information is being disclosed.
Name of Officer
4 Describe each employment or other business relationship with the local government officer, or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from vendor?
Yes the No
B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes No
5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director,or holds an
ownership interest of one percent or more.
s
❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Se tion 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
7
Signature f vendor doing business with the governmental entity Date
Form provided by T as Ethics Commission www.ethics.state.tx.us Revised 11/30/2015