HomeMy WebLinkAboutContract 58751CSC No. 58751
FORT WORTH
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement ("Agreement") is entered into by and between Silsbee Ford,
Inc. ("Vendor" or "Seller") and the City of Fort Worth, ("City" or "Buyer"), 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 — Seller's Quote, Scope of Services or Purchase Order;
4. Exhibit C — Cooperative Agency Contract (e.g., NJPA, DIR, BuyBoard); and
5. Exhibit D — Conflict of 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 and Exhibit
C — [Cooperative Agency Contract], then Exhibit A — City's Terms and Conditions shall control, but
only to the extent allowable under Exhibit C — [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 annual payment made under this Agreement by City shall be
in the amount not to exceed Ten Million Six -Hundred Twenty -Five Thousand Dollars and No Cents
($10,625,000.00). 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 the date the city manager signs
below and ending on November 30, 2023. City shall be able to renew this agreement for two (2) one-
year renewal options by written agreement of the parties.
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective Vendor.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CITY OF FORT WORTH:
By: Dana Burghdoff (Ja 23, 202 14:03 CST)
Name: Dana Burghdoff
Title: Assistant City Manager
Date: Jan 23, 2023
APPROVAL RECOMMENDED:
to
Steve o ke (Jan 18, 202314:30 CSTI
Name: Steve Cooke
Title: Director
ATTEST:
OR
Name: Janette S. Goodall
Title: City Secretary
VENDOR:
Silsbee Ford, Inc.
By:
Name: S TH GAMBLIN
Title: FLEET SALES
Date:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
��
By: Denise Garcia (Jan IXA02316:17 CST)
Name: Denise Garcia
Title: Purchasing Manager
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Christopher Austria \ Amar Thakrar
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 23-0034
1295: 2022-964548
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Exhibit A
City's Terms and Conditions
(Pages follow)
CITY OF FORT WORTH, TEXAS
STANDARD PURCHASING TERMS AND CONDITIONS
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The City of Fort Worth, its officers, agents, servants, authorized employees, Sellers and
subSellers who act on behalf of various City departments, bodies oragencies.
2.0 DEFINITION OF SELLER
The consultant, Contractor(s), supplier, Contractor(s)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)
5.1 ORDERS
5.2 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.
5.3 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.
Revised July 11, 2019
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 RESERVATION PROHIBITED
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.
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 TRANSPORTATION CHARGES
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.
12.1 INVOICES
12.2 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.
12.3 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.
13.2 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
Revised July 11, 2019
in law or equity.
13.3 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 amount thereof.
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 WA RANTY
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 backuppurposes.
17.2 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 this Agreement.
17.3 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 any way
Revised July 11, 2019
connected with providing the services, or the City's continued use of the
Deliverable(s) hereunder.
17.4 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.
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
Revised July 11, 2019
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 WorkProduct.
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.
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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 resultingtherefrom.
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 aggrievedparty.
1 1l nummon N Loop
This contract can be modified or rescinded only by a written agreement signed by bothparties.
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
Revised July 11, 2019
26.0
27.0
28.1
(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.
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 ofTexas.
INDEPENDENT CONT RACTO WS)
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.
LIABILITY AND INDEMNIFICATION.
28.2 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.
28.3 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 containedherein.
1 1 Y�1�if�T11►171►Cei 11 lu I Y 1►:11�1 [�7�i
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.
Revised August 31, 2017
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 subSeller's alleged failure to comply with the above -referenced laws
concerning disability discrimination in the performance of this agreement.
09110003M all 19 El MMIJ ROW I LIMI
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 party'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 governing
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.
Revised August 31, 2017
38.0 PROHIBITION ON CONTRACTING WITH COM ANTES THAT BOYCOTT ISRAEL
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.
Revised August 31, 2017
Exhibit B
Seller's Quote, Scope of Services or Purchase Order
(Pages follow)
TIPS RFP 210907 Automobiles
LAKE COUNTRY CHEVROLET
YOU MAY PROPOSE ON ALL THREE PRICING OPTIONS IN ORDER TO HAVE A PRICING MODEL TO FIT VARIOUS SALES SITUATIONS
Proposers may contact TIPS for help on how to respond appropriately but DO NOT MENTION ANY SPECIFIC PRICING IN YOUR
CONVERSATION WITH TIPS STAFF WHEN SEEKING HELP. Please present a hypothetical situation.
Section A - pricing option
GOODS TEMPLATE PRICING
Primary Method for Section "A" - In section "A", Vendors may insert line items, if they choose to, "EQUIPMENT/GOODS" and provide the requested information for each line item. YOU
MAY ADD ADDITIONAL LINES AS REQUIRED. See Example 1 below.
Alternate method for Section "A" - In Section "A", vendor may choose not to list line items because of the number of items available are too numerous. As an alternative, the vendor may
list brands or manufacturers of goods with a minimum discount off that line of goods. You should provide a link or document reflecting the catalog pricing for each line of goods OR indicate
that you will provide catalog pricing upon request. See Examples 2 and 3 below.
Units description -
(each, dozen, hour,
%
EQUIPMENT/GOODS by line
Product q
Description
day, etc)
MSRP
Discount
TIPS Price
Example 1: Widget A
12345AB
gadget part
each
$100.00
15.00%
$85.00
see Acme catalog
located at
All Acme products available from our
see Acme catalog located
Example 2: All Acme Product Line
www.Acme.com
company
at www.Acme.com
10.00%
Catalog pricing to be
provided upon
All Acme products available from our
Catalog pricing to be
Example 3: All Acme Product Line
request
company
provided upon request
10.00%
Insert below this line only
NO MSRP FOR 2023**
Pricing is available for GM Fleet Government
WILL UPDATE WHEN WE
customers as determined by the GM Company.
HAVE IT.
Sport Utility Vehicle. Base model must have
EVR LET -TRAVERSE LS, POWER
cruise control not including power package);
WINDOWS / LOCKS, REAR VIEW
3.5 liter dual -overhead
CAMERA, BLUETOOTH
cam, V6 engine; automatic transmission
1NB56
MODEL 1NB561LS
1 EACH
$29,781.60
Heavy Duty Cargo Van.Base model (must have
cruise control not including power package);
CHEVROLET EXPRESS 2500 CARGO, 135"
4.0liter, dual overhe
WHEELBASE, 4.3L V6 ENGINE W/
ad cam, V6 engine; automatic transmission
AUTOMATIC, POWER WINDOWS /
complete with all manufacturer's standard
LOCKS, REAR VIEW CAMERA. MODEL
equipment.
CG23405
CG23405 1WT
1 EACH
$29,783.00
Chevrolet Tahoe 1FL, 5.3L V8 ENGINE
Chevrolet Tahoe 1FL, 5.31. V8 ENGINE WITH
WITH AUTOMATIC TRANS, POWER
AUTOMATIC TRANS, POWER WINDOWS/
WINDOWS / LOCKS, CRUISE, R
LOCKS, CRUISE, REAR VIEW CAMERA.
CC15706
EAR VIEW CAMERA.
1 EACH
$41,074.20
CHEVROLET TRAX LS, 1.41. ECOTEC WITH
CHEVROLET TRAX LS, 1.41- ECOTEC WITH
AUTOMATIC TRANSMISSION, POWER
AUTOMATIC TRANSMISSION, POWER
WINDOWS / LOCKS, C
WINDOWS / LOCKS, REAR VIEW
RUISE, REAR VIEW CAMERA
1JU76
CAMERA
1 EACH
$25,128.00
CHEVROLET MALIBU FL, 1.51. TURBO 4CYL,
CHEVROLET MALIBU FL, 1.51- TURBO
POWER WINDOWS / LOCKS, CRUISE, REAR
4CYL, POWER WINDOWS / LOCKS,
VIEW CAMERA,
CRUISE, REAR VIEW CAMERA,
BLUETOOTH
1ZC69
BLUETOOTH
1 EACH
$21,459.00
CHEVROLET EQUINOX LS, 1.51. TURBO 4CYL
CHEVROLET EQUINOX LS, 1.51. TURBO
WITH AUTOMATIC, POWER WINDOWS /
4CYL WITH AUTOMATIC, POWER
LOCKS, CRUISE,
WINDOWS / LOCKS, CRUISE,
REAR VIEW CAMERA, BLUETOOTH
1XP26
REAR VIEW CAMERA, BLUETOOTH
1 EACH
$29,285.20
CHEVROLET SILVERADO 1500 REGULAR
CHEVROLET SILVERADO 1500 REGULAR CAB, 8'
CAB, 8' BED, 4.3L V6 ENGINE W/
BED, 4.31. V6 ENGINE W/ AUTOMATIC, CRUISE,
MANUAL WINDOW LOCKS, REAR VI
REAR VIEW CAMERA
CC10903
EW CAMERA
1 EACH
$33,355.00
CHEVROLET SILVERADO 1500 DOUBLE CAB
(EXTENDED CAB), 4.3L V6 ENGINE W/
CHEVROLET SILVERADO 1500 DOUBLE
AUTOMATIC, POWER
CAB (EXTENDED CAB), 4.31- V6 ENGINE
WINDOWS / LOCKS, CRUISE, REAR VIEW
W/ AUTOMATIC, POWER
CAMERA
CC10753
WINDOWS / LOCKS, REAR VIEW CAMERA
1 EACH
$34,215.00
CHEVROLET SILVERADO 1500 CREW CAB, 4.31.
CHEVROLET SILVERADO 1500 CREW CAB,
V6 ENGINE W/ AUTOMATIC, 5 1/2' BED,
4.31. V6 ENGINE W/ AUTOMATIC, 5 1/2'
POWER WINDO
BED, POWER WINDO
WS / LOCKS, REAR VIEW CAMERA, CRUISE,
WS / LOCKS, REAR VIEW CAMERA,
BLUETOOTH
CC10543
BLUETOOTH
1 EACH
$35,439.00
CHEVROLET SILVERADO 2500 REGULAR CAB,
CHEVROLET SILVERADO 2500 REGULAR
6.61. V8 GAS ENGINE W/ AUTOMATIC, LONG
CAB, 6.61- V8 GAS ENGINE W/ MANUAL,
BED, POWER WINDOWS / LOCKS, CRUISE,
LONG BED, / LOCKS, REAR VIEW
REAR VIEW CAMERA, BLUETOOTH
CC20903
CAMERA, BLUETOOTH
1 EACH
$32,914.00
CHEVROLET SILVERADO 2500 DOUBLE CAB
CHEVROLET SILVERADO 2500 DOUBLE
(EXTENDED CAB), 6.61- V8 GAS ENGINE W/
CAB (EXTENDED CAB), 6.61- V8 GAS
AUTOMATIC, 6 1/
ENGINE W/ AUTOMATIC, 6 1/
2' BED, POWER WINDOWS / LOCKS, CRUISE,
2' BED, POWER WINDOWS / LOCKS,
REAR VIEW CAMERA, BLUETOOTH
CC20753
REAR VIEW CAMERA, BLUETOOTH
1 EACH
$33,219.00
CHEVROLET SILVERADO 2500 CREW CAB, 6.61.
CHEVROLET SILVERADO 2500 CREW CAB,
V8 GAS ENGINE W/ AUTOMATIC, 6 1/2' BED,
6.61. V8 GAS ENGINE W/ AUTOMATIC, 6
POWER WI
1/2' BED, POWER WI
NDOWS / LOCKS, CRUISE, REAR VIEW CAMERA,
NDOWS / LOCKS, CRUISE, REAR VIEW
BLUETOOTH
CC20743
CAMERA, BLUETOOTH
1 EACH
$35,920.00
CHEVROLET SILVERADO 3500 REGULAR CAB,
CAB, 6.61- V8 GAS ENGINE WITH
6.61. V8 GAS ENGINE WITH AUTOMATIC,
MANUAL POWER WINDOWS / LOCKS,
CRUISE, REAR VIEW CAMERA, BLUETOOTH
CC30903
REAR VI
1 EACH
$36,375.30
CHEVROLET SILVERADO 3500 DOUBLE CAB
(EXTENDED CAB), 6.61- GAS ENGINE WITH
CHEVROLET SILVERADO 3500 DOUBLE
AUTOMATIC, CR
CAB (EXTENDED CAB), 6.61- GAS ENGINE
UISE, REAR VIEW CAMERA, POWER WINDOWS
WITH AUTOMATIC, REAR VIEW CAMERA,
/ LOCKS, 61/2FT BED
CC30953
POWER WINDOWS / LOCKS, 61/2FT BED
1 EACH
$37,548.40
CHEVROLET SILVERADO 3500 CREW CAB, 6.61-
CHEVROLET SILVERADO 3500 CREW CAB,
GAS ENGINE WITH AUTOMATIC, 6 1/2FT BED,
6.61- GAS ENGINE WITH AUTOMATIC, 6
POWER
1/2FT BED, POWER
WINDOWS / LOCKS, CRUISE, REAR VIEW
WINDOWS / LOCKS, REAR VIEW
CAMERA, BLUETOOTH
CC30743
CAMERA, BLUETOOTH
1 EACH
$38,262.00
CHEVROLET SILVERADO 3500 REGULAR CAB,
CHEVROLET SILVERADO 3500 REGULAR
CHASSIS 6.61. GAS ENGINE WITH AUTOMATIC,
CAB, CHASSIS 6.61- GAS ENGINE WITH
60" CA, CRUISE, BLUETOOTH
CC31003
MANUAL, 60" CA, BLUETOOTH
1 EACH
$34,237.40
CHEVROLET SILVERADO 3500 CREW CAB,
CHEVROLET SILVERADO 3500 CREW CAB,
CHASSIS 6.61. GAS ENGINE WITH AUTOMATIC,
CHASSIS 6.61- GAS ENGINE WITH
60" CA, CRUISE, POWER WINDOWS / LOCKS,
AUTOMATIC, 60" CA, POWER WINDOWS
BLUETOOTH
CC31043
/ LOCKS, BLUETOOTH
1 EACH
$36,299.80
CHEVROLET SILVERADO MEDIUM DUTY
CHEVROLET SILVERADO MEDIUM DUTY
REGULAR CAB 4500, 6.61- DIESEL ENGINE,
REGULAR CAB 4500, 6.61- DIESEL ENGINE,
AUTOMATIC, CRUISE 60" CA
CT31003
AUTOMATIC, 60"CA
1 EACH
$53,196.66
CHEVROLET SUBURBAN 1FL, 5.31. V8 GAS
CHEVROLET SUBURBAN 1FT, 5.31- V8 GAS WITH
WITH AUTOMATIC, POWER WINDOWS /
AUTOMATIC, POWER WINDOWS / LOCKS,
LOCKS, CRUISE, RE
CRUISE, REAR VIEW CAMERA, BLUETOOTH
CC15906
AR VIEW CAMERA, BLUETOOTH
1 EACH
$44,911.80
CHEVROLET TAHOE PPV, 5.31- V8 ENGINE
CHEVROLET TAHOE PPV, 5.31- V8 ENGINE WITH
WITH AUTOMATIC, POWER WINDOWS /
AUTOMATIC, POWER WINDOWS / LOCKS,
LOCKS, REAR VIEW
REAR VIEWCAMERA, BLUETOOTH, CRUISE
CC10706 91C
CAMERA, BLUETOOTH, CRUIS
1 EACH
$36,524.00
CHEVROLET TAHOE SSV 4X4, 5.31. V8 ENGINE
CHEVROLET TAHOE SSV 4X4, 5.31. V8
WITH AUTOMATIC, POWER WINDOWS /
ENGINE WITH AUTOMATIC, POWER
LOCKS, REAR VIEW
WINDOWS / LOCKS, REAR VIEW
CAMERA, BLUETOOTH, CRUISE
CK10706
CAMERA, BLUETOOTH, CRUISE
1 EACH
$39,992.00
CHEVROLET COLORADO CREW CAB, 4CYL
CHEVROLET COLORADO CREW CAB, 4CYL
ENGINE, AUTOMATIC, CRUISE, REAR VIEW
ENGINE, AUTOMATIC, REAR VIEW
CAMERA
12M43
CAMERA
1 EACH
$28,366.80
CHEVROLET COLORADO EXTENDED CAB, 4CYL
CHEVROLET COLORADO EXTENDED CAB,
ENGINE, AUTOMATIC, CRUISE, REAR VIEW
4CYL ENGINE, AUTOMATIC, REAR VIEW
CAMERA
12M53
CAMERA
1 EACH
$27,202.20
CHEVROLET ALL BOLTEV -1FB48 - Bolt
CHEVROLET ALL BOLTEV -1FB48 - Bolt EV: 2LT
1FB48
EV: 2LT-
1 EACH
$28,175.00
CHEVROLET 4500 LCF RC, 5.21- DIESEL ENHGINE
CHEVROLET 4500 LCF RC, 5.21- DIESEL
W/ AUTOMATIC, CRUISE CONTROL, 109"
ENHGINE W/ AUTOMATIC, CRUISE
WHEEL BASE
LCFDSL
CONTROL, 109" WHEEL BASE
1 EACH
$39,922.00
CHEVROLET 3500 LCF RC, 6.01- V8 GAS, CRUISE
CHEVROLET 3500 LCF RC, 6.01. V8 GAS,
CONTROL
LCFGAS
CRUISE CONTROL
1 EACH
$32,267.00
PRICING IS FOR TEXAS CUSTOMERS
PRICING IS SUBJECT TO CHANGE FROM STATE
TO STATE.
•• inaen more record: as needed.
B - Pricing Option - Discount off catalog price
Catalog Discount Percentage must be provided in the Attribute Question 35 entitled, "Discount Offered" andnot on this page.
BELOW PLEASE SELECT THE METHOD OR METHODS THAT YOU WILL USE TO PROVIDE "Catalog" pricing to which, at aleast, the minimum discount
percentage you proposed in Attribute Question #35 in the eBid system
agree to provide the following documentation of our pricing
Dntract compliance by one or more of the following methods:
Catalog Pricing is included in my uploaded
icuments for this RFP >>>
Website link(sl with Cataloe Pricine >>>
Links or other uploaded Catalog Pricing is not available but will be
Mark an X beside the applicable price catalog methods below
that you propose.
you have selected #2 to the left, and you required TIPS to
ce a login or password to acess the information, please
ovide the login and password to the cell to the right .»>
Section C - Pricing Option - Cost plus markup method -
CAUTION: Selecting the Markup method of pricing as the ONLY METHOD PROPOSED may limit the availability of the contract because some jurisdictions prohibit cost plus pricing contracts. NOTE: If you do not
have list prices or a catalog as defined in the RFP document you may propose pricing as a markup from your cost from your provider. Vendor must document the cost to the member to prove compliant
pricing. PERCENTAGE MAXIMUM MARKUP of items, goods, equipment (not services) not listed in this RFP, but provided for sale by vendor. Markup is from actual hard cost seller has paid for the good.
Percentage markup (end cost to member) may be decreased due to volume or other factors but may not be increased. Percentage markup may be any percentage vendor deems appropriate but it will be
considered as part of the evaluation AND MUST APPLY TO ANY POTENTIAL PURCHASE BY A TIPS MEMBER.
you wish to offer this aMaximum Markup
-rcentage in cell to right:
Vendor may add additional information as
required or desired.
Dealer installed additional items
**PRICING VARIES BY MODLE**
98
DECKED
2019/2020 REV
FROM LIST PRICE)
99
FENIEX
2019/2020 REV
FROM LIST PRICE)
100
WHELEN
PL19.0WD
FROM LIST PRICE)
101
SOUND OFF
2019 REV08/19
DISCOUNT FROM LIST PRICE)
102
WHELEN
GB2SP3J
CARBIDE SIREN, SPEAKER
103
SOUND OFF
ENFLBS1248DUO
SPEAKER
104
SOUND OFF
ENFWBFSFOx
LIGHTING
105
SOUND OFF
ENFWBRFFOx
NFORCE REAR INTERIOR LIGHT B
106
WHELEN
ISFL508
FRONT INNER EDGE W/TAKEDO\
107
SOUND OFF
EL3H12AOOx
12 MODULE LED ULTRALITE
108
SOUND OFF
EL3PH12A00
8 MODULE LED ULTRALITE
109
WHELEN
D6******
6 LAMP DOMINATOR LIGHT STIC
110
WHELEN
TAL85
8 LAMP LED AMBER TRAFFIC AD'
111
SOUND OFF
EPL7PDxC
NFORCE MINI LED LIGHTBAR
112
WHELEN
MC16Px
CENTURY MINI LED LIGHTBAR
113
SOUND OFF
ELB45BCLOxx
4000 SERIES LED BEACON
114
WHELEN
L21LxP
L21 SERIES LED BEACON
115
SOUND OFF
EMG200054A
MAGNUM EMG2000 AMBER LIG
116
WHELEN
JE2AAAA
REAR MODULES
117
SOUND OFF
ELUC2S010x
UNDERCOVER HIDDEN LED
118
WHELEN
VTX609x
VERTEX HIDDEN LED
119
SOUND OFF
EGHST1x
GHOST LED (GRILLE)
120
WHELEN
IONx
ION SUPER LED (GRILLE)
121
SOUND OFF
ENT2133x
INTERSECTORS (MIRROR)
122
WHELEN
MBFX11xx
MIRROR BEAM LED
11:2
MUM Cni
nnn.,r
nnn cC:QiC:c 1 Gn /DCUQKADQ1
135
WHELEN
SLPMMxx
SLIMLIGHTER DECK/WNDW
136
WHELEN
M4FF15B
15+ F150 M4 FOG LAMP MOUNT
137
WHELEN
M4CT15B
TAHOE M4 FOG LAMP MOUNT k
138
SOUND OFF
ETFBSSN-P
TAIL LAMP FLASHER
139
WHELEN
SSFPOS
HEADLAMP FLASHER
140
7500036
LIGHTED ROCKER SWITCH
141
WHELEN
PCC6W
WHELEN 6 SWITCH BOX
142
WHELEN
CCSRN3
CENCOM SAPPHIRE SIREN
143
WHELEN
295SLSA6
SIREN/SWITCH BOX COMBO
144
WHELEN
295SLSA1
STANDARD SIREN AMPLIFIER
145
WHELEN
HHS3200
HAND HELD SIREN
146
SOUND OFF
ETSA481RSP
n-ERGY 400 SERIES REMOTE HEA
147
SOUND OFF
ETSA481CSP
n-ERGY 400 SERIES COMBO
148
SOUND OFF
ETSA461HPP
n-ERGY HAND HELD SIREN
149
SHO-ME
30-2504
4 TONE UNDERCOVER SIREN
150
SHO-ME
31-2515-4040
4 TONE UNDERCOVER SIREN/SV%
151
WHELEN
SA315P
SPEAKER
152
WHELEN
SAK#
SPEAKER BRACKET
153
FEDERAL SIG
ES100
DYNAMAX SPEAKER
154
FEDERAL SIG
ESB-U
UNIVERSAL SPEAKER BKT
155
SOUND OFF
ETSS100D
100D SERIES SPEAKER
156
SETINA
10XLC-ISED
INTERCEPTOR SEDAN "XL"
157
PRO-GARD
PSSP3614INT13A
INT SEDAN SPACE SAVER
158
SETINA
10XLC-ISUV
INTERCEPTOR UTILITY "XL"
159
PROGARD
P4714UINT13A
ULTILITY FLAT PARTITION W/ RE
160
JOTTO
475-1104
2015+ F150 CREW CAB
161
GAMBER
7160-0350KT
DOCK)
11 i- �
/- A A A r r M
-2 A r- r% � � r �
w I -% T r M w r� % I I I w I n 1 r r% r- w 1 01 M a r� I r
175
WATCHGUARD
4RESTDGPSRV2
DIGITAL VIDEO SYSTEM
176
WATCHGUARD
4RE-VISTA
VISTA BODY CAMERA
177
MOBILE VISION
FB3DVS
L3 DIGITAL VIDEO
178
MOBILE VISION
IRCAM2
ADDITIONAL CAMERA
179
DIGITAL ALLY
DVM750
DIGITAL IN CAR VIDEO
180
MARTEL
3330
CAMERA
181
LAIRD
TES.386825
700-800 Mhz STUBBY
182
LARSEN
TES.61596
800 Mhz 3DB GAIN NMO
183
LARSEN
TES.43884
152-162 Mhz VHF 1/4 WAVE AN-
184
LARSEN
TES.80715
144-174 Mhz VHF 3DB GAIN AW
185
LARSEN
TES453440
ANTENNA COAX NMO 0-6Ghz
186
911 CIRCUITS
CH8.0
CH8 WIRING HARNESS BASIC
187
911 CIRCUITS
CH15.1
CH15.1 WITH TIMER WIRING HA
188
911 CIRCUITS
CH15.0
CH15.0 WIRNG HARNESS STAND
189
911 CIRCUITS
CH27.1
CH27.1 WITH TIMER WIRING HA
190
911 CIRCUITS
CH27.0
CH27.0 WIRING HARNESS ADVAI
191
WHELEN
P46SLC
WHELEN LED P46 BULB
192
UNITY
330PL-0002/189
UNITY SPOTLIGHT 2015+ F150
193
UNITY
330PL-0002/189
UNITY SPOTLIGHT F-SDUTY
194
SILSBEEFLEET
TXPATROLI
SIREN/SPEAKER, 4 CORNER LEDS
195
SILSBEEFLEET
TXCHIEFI
SIREN/SPEAKER, 4 CORNER LEDS
196
UNITY
330PL-0002/189
UNITY SPOTLIGHT EXPEDITION N
197
TOMMY
60-1040TP38
1000# LIFT GATE FOR PICKUP TR
198
TOMMY
60-1342TP38
1300# LIFTGATE FOR PICKUP TRl
199
TOMMY
60-1542TP38
1500# LIFTGATE FOR PICKUP TRl
200
TOMMY
54-1040TP38
1000# LIFTGATE FOR SERVICE BC
201
TOMMY
54-1342TP38
1300# LIFTGATE FOR SERVICE BC
--1 e% 1%
T /\ A A 11 A%/
r A A /- A 1% T M 1% A
A 0" r% r% 1 1 1 1 r T /� A T r r /% M 1^ r M\ 1 1 d— r M
215
RKI
61S
61" STEEL SIDE MOUNT TOOLBO
216
RKI
61SA
61" ALUMINUM SIDE MOUNT T(
217
TRUCKERS
REC
RECEIVER TUBE AND HITCH
218
TRUCKERS
PIN
15-TON PINTLE HOOK HITCH W/
219
TRUCKERS
GSN
516" BALL
220
TRUCKERS
EBC
ELECTRIC BRAKE CONTROLLER
221
SETINA
PB400S
SEDAN ALUMINUM PUSH BUMP
222
SETINA
PB40OVS
SUV/TRUCK/VAN PUSH BUMPER
223
SETINA
43617
FROM RETAIL)
224
RANCH HAND
F150 / F-SDUTY
RANCH HAND LEGEND REAR BM
225
RANCH HAND
RH-FBF175BLR
WINCH MOUNT
226
BIG COUNTRY
F-SERIES ALL
BIG COUNTRY 3" ROUND BLACK
227
BIG COUNTRY
F-SERIES ALL
BIG COUNTRY 4" OVAL BLACK
228
MOTOROLA
CM-300
MOTOROLA 32 CH 45 WATT NOI
229
RKI
L5680
LOW PROFILE SERVICE BODY FOI
230
RKI
L6080
LOW PROFILE SERVICE BODY FOI
231
RKI
L56DW94
LOW PROFILE SERVICE BODY FOI
232
RKI
L60DW94
LOW PROFILE SERVICE BODY FOI
233
RKI
L84DW94
LOW PROFILE SERVICE BODY FOI
234
RKI
S SERIES
ADD FOR STANDARD HEIGHT RK
235
RKI
T SERIES
ADD FOR TOP OPENING RKI SERA
236
TRUCKERS
515DE
CAPACITY
237
TRUCKERS
519DE
TON CAPACITY
238
TRUCKERS
5000SU
DONOVAN ROLL COVER TOP CR)
239
TRUCKERS
5000SU
DONOVAN ROLL COVER GROUN
240
TRUCKERS
1212/430
HEADBOARD
241
TRUCKERS
1540/485
W/ HEADBOARD
1% A 1%
T m 1 1 1- 1/ r m r^
A r A r% I I- A -%
I I r A r% M /1 A M r1
255
TRUCKERS
750
9' GOOSENECK BODY W/ 30K 2 E
256
TRUCKERS
875
BALL
257
TRUCKERS
1212/324
9X8 STAKE BED WOOD OR STEEL
258
TRUCKERS
1347/360
10X8 STAKE BED WOOD OR STEE
259
TRUCKERS
1540/380
12X8 STAKE BED WOOD OR STEE
260
TRUCKERS
1762/417
14X8 STAKE BED WOOD OR STEE
261
TRUCKERS
1977/454
16X8 STAKE BED WOOD OR STEE
262
TRUCKERS
750/243
GOOSNECK BALL
263
TRUCKERS
875/243
GOOSNECK BALL
264
KOHLER
IR-30
14HP AIR COMPRESSOR
265
RKI
CRANE
RKI CRANE REINFORCEMENT (UF
266
RKI
MASTER
BODIES
267
RKI
MASTER84
MASTER LOCK SYSTEM FOR 84"
268
RKI
LAD/BOW
RKI PIPE BOW LADDER RACK
269
RKI
LAD/ SIDE
RKI SIDE MOUNT ANGLE LADDEF
270
RKI
TELETOP56
RKI TELESCOPING TOP 56" CA SR
271
RKI
TELETOP60
RKI TELESCOPING TOP 60" CA DF
272
RKI
TELETOP84
RKI TELESCOPING TOP 84" CA DF
273
RKI
WG10
LOUVERED REAR WINDOW GRIL
274
LIFTMOORE
320OREL-11
3200# 11' CRANE W/ BOOM RE!
275
LIFTMOORE
320OREL-15
3200# 15' CRANE W/ BOOM RES
276
WARN
47801
M15000 / 15000LB WARN WINC
277
WARN
96820
VR-12 12000# STANDARD DUTY
278
WARN
96800
VR-8 8000# STANDARD DUTY WI
279
WARN
37441
XD9000i MULTI MOUNT WARN
280
WARN
32966
REAR WIRING KIT FOR MULTI M(
281
SILSBEE
LABOR
INSTALLATION HOURLY RATE
���
0"11 1-r%rr
1-1
1w1Tr- Mk I e I I I w w 1r1I Iw1/- w w Ir\ r`I I/1n
295
PRO-GARD
S5705T15
2015+ TAHOE PRISONER SEAT \N
296
PRO-GARD
S4705U I NT13
I NT UTILITY SEAT W/CARGO BAR
297
SETINA
QK06351TU 20
2020+ 1 NT UTILITY SEAT W/CARC
298
SETINA
QK04911TU 12
INT UTILITY FLOOR PAN
299
PRO-GARD
B4705U I NT13
UTILITY CARGO BARRIER
300
SETINA
PK01231TU1202ND
2020 UTILITY CARGO BARRIER
301
SETINA
WK05141TU20
VERTICAL WNDW ARMOR 20204
302
SETINA
WK05141SU12
VERTICAL WNDW ARMOR INT U'
303
SETINA
DKO1001TU20
MOLDED DOOR PANEL 2020+ IN
304
SETINA
DKO1001TU12
MOLDED DOOR PANEL INT UTILI
305
PROGUARD
W1357T15
VERTICAL WNDW ARMOR 20154
306
PROGUARD
WB47UINT13
VERTICAL WNDW ARMOR INT U'
307
PROGUARD
DP57T15
FLAT ABS DOOR PANE L2015+ T�
308
PROGUARD
DP47UINT13
FLAT ABS DOOR PANEL INT UTILI
309
OPS
DY
W/MOUNTING PLATFORM
310
RAY ALLEN
EZ1-T2015
RAY ALLEN K9 INSERT FOR 2015d
311
RAY ALLEN
EZ1-INSUV
RAY ALLEN K9 INSERT FOR FORD
312
RAY ALLEN
F3
ALARM SYSTEM W/ PAGER
313
DEERSKIN
ACCM6
MOUNT
314
DEERSKIN
CAT12
CONTROL UNIT
315
BOWIE
C-100
compartment w/ rear storage
316
BOWIE
C-100-NS
compartment-- no storage
317
BOWIE
PRO 6W6
compartment-- no storage
318
BOWIE
PRO 6WS7
compartment w/ rear storage
319
BOWIE
PRO 6WD7
compartment w/ quarantine
320
BOWIE
PRO 8W8
compartment-- no storage
321
BOWIE
PRO 8WS9
compartment w/ rear storage
335
BOWIE
Scene Light
Clear Scene Light - 1 Left - 1 Righ
336
BOWIE
Amber Strobe
LED 3" x 5" Surface Mount AmbE
337
BOWIE
Mini Strobe
mount
338
BOWIE
Tadvisor
digital controller in cab
339
BOWIE
Beacon
LED Rooftop Beacon - Amber
340
BOWIE
GoLight
GoLight Spotlight with dash and
341
BOWIE
BSMirror
Rear Blind Spot Mirror
342
BOWIE
Cpole
Catch Pole Holder - tube style wi
343
BOWIE
Rvison
Rear Vision Camera with 5.6" fla
344
SUPREME
SVA12085096
Alum. Van Body, length 12', heig
345
SUPREME
SVA14085096
Alum. Van Body, length 14', heig
346
SUPREME
SVA14085096F
3/8" FRP exterior wall in lieu of z
347
SUPREME
SVG 12085096
width 96"
348
SUPREME
SVG 14085096
width 96"
349
MOBILITY WORKS
TX138
WHEELCHAIRS, REAR ACCESS
350
MOBILITY WORKS
TX137
WHEELCHAIRS, REAR ACCESS
351
Al TINT
2DR
WINDOW TINT
352
Al TINT
4DR
WINDOW TINT
353
Al TINT
SUV
WINDOW TINT
354
Al TINT
VAN
W I N DOW TI NT
355
FORD
PROTECT PLANS
DISCOUNT FROM RETAIL)
356
BAF
779
AREA TANKS
357
BAF
780
AREA TANKS
358
BAF
781
CNG GGE 10, ECONOLINE BIFUEI
359
BAF
782
TANKS
360
BAF
783
BENCH TANKS
361
BAF
785
TANKS
� i- �
r% A r-
—7 e% i-
T A A I 1.1 r
375
GENERAL BODY
C63A
BODY TOOL BOX
376
GENERAL BODY
BED LINER
SPRAY IN BED LINER, SPECIFY UN
377
GENERAL BODY
GG1
RANCH HAND STYLE GRILL GUAF
378
GENERAL BODY
ABUA97
WHELEN 97DB BACK UP ALARM
379
GENERAL BODY
2012
WHELEN 2012 ROOFTOP AMBEI
380
GENERAL BODY
FL2AAAA
WHELEN FL2AAAA LED AMBER L
381
GENERAL BODY
W/ADVISOR
LAMP LED TRAFFIC ADVISOR, CO
382
BODY
325
SPOTLIGHT UNITY / PER SIDE
383
GENERAL BODY
9035
TEKONSHA ELECTRONIC BRAKE
384
GENERAL BODY
BUYERS
BUYERS RECEIVER HITCH CLASS
385
GENERAL BODY
B6
BUYERS 6-WAY TRAILER PLUG
386
GENERAL BODY
B7
BUYERS 7-WAY TRAILER PLUG
387
BODY
6011CC
ECCO 4 CORNER LED STROBE LIC
388
GENERAL BODY
FR1210CA
w/105 gallon L-shaped tank.
389
GENERAL BODY
60-1040 TP27
CAPACITY W/58"X27" PLATFORI
390
GENERAL BODY
60-1040 TP38
CAPACITY W/2PC 58"X38" PLATF
391
GENERAL BODY
G2-60-1342 TP27
CAPACITY W/58"X27" PLATFORI
392
GENERAL BODY
G2-60-1342 TP38
CAPACITY W/2PC 58"X38" PLATF
393
GENERAL BODY
APPLICATION
CAB LENGTH BLACK TUBULAR NI
394
GENERAL BODY
680J
compts. Both sides
395
GENERAL BODY
680FJ
compts both sides + top opening
396
GENERAL BODY
54-1040 TP
W/ 52"X27" PLATFORM
397
GENERAL BODY
54-1040F11 TP
CAPACITY W/ 2PC 52"X38" PLAT
398
GENERAL BODY
G2-54-1342 TP27
CAPACITY W/ 52"X27" PLATFO
399
GENERAL BODY
G2-54-1342 TP38
CAPACITY W/ 2PC 52"X38" PLAT
400
GENERAL BODY
BBP9R
Cab
401
BODY
L5680
Both sides
A e%'%
m /1 r1 % 1
T r 1— A r%
I _ . • . _ 1 _ .
415
GENERAL BODY
TOPSIDE 78
TOP SIDE ON THE DECK BOX 16._`
416
GENERAL BODY
TOPSIDE 90
TOP SIDE ON THE DECK BOX 16._`
417
GENERAL BODY
TOPSIDE 96
TOP SIDE ON THE DECK BOX 16._1
418
GENERAL BODY
TOPSIDE 72A
ALUMINUM
419
GENERAL BODY
TOPSIDE 90A
ALUMINUM
420
GENERAL BODY
TOPSIDE 96A
ALUMINUM
421
BODY
L8080
Both sides
422
BODY
T6080
sides + top opening compts both
423
GENERAL BODY
6108J
compts. Both sides
424
GENERAL BODY
6108FJ
compts both sides + top opening
425
GENERAL BODY
TELETOP
add for teletop cargo area cover
426
GENERAL BODY
PLUS 50
add thru compt w/drawers for t
add thru compt w/drawers for t
aint Inside Service Body Compa
427
GENERAL BODY
PLUS 50
428
GENERAL BODY
PNTCOM
429
GENERAL BODY
CMPLITE
Lights inside each compartment
430
GENERAL BODY
SPRBED
Spray in Bed Liner Cargo Area of
431
BODY
TXDOT STROBE
REAR
432
GENERAL BODY
91-1050 TP42
CAPACITY 8711x42" PLATFORM
433
GENERAL BODY
G2-92-1350 TP41
CAPACITY 8711x42" PLATFORM
434
GENERAL BODY
BBP9R
Bumper to Bumper Pipe Rack 8fl
435
GENERAL BODY
BBP9C
Bumper to Bumper Pipe Rack 8fl
436
GENERAL BODY
INV1.6
1600 watt HD inverter w/1 aux h
437
GENERAL BODY
INV3K
3000 watt HD inverter w/2 aux h
438
GENERAL BODY
LEDLITE
LED light upgrade
439
GENERAL BODY
WRKLIT4E
2 work lights on head rack
440
GENERAL BODY
RGP
Rear Goal Post w/Front Storage
441
GENERAL BODY
TPHB
tapered headboard in lieu of squ
A A %
M /1 r1 % 1
1 r 0" r1 1 • / A A
r% . I _ I _
455
GENERAL BODY
RPLBUMP
Guard
456
GENERAL BODY
TRANS II
Guard, black
457
GENERAL BODY
W 10K
Requires either TRANS II Grill Gu
458
GENERAL BODY
W 12K
Requires either TRANS II Grill Gu
459
GENERAL BODY
ACHD13
Air Compressor Honda 13HP Gay
460
GENERAL BODY
C110GED34HC
Air Compressor Diesel Engine, El
461
BODY
VR70
70 CFM Vehicle Engine Driven Sc
462
GENERAL BODY
AIR REEL
W/Plumbing
463
GENERAL BODY
NT 250
w/Leads, Stinger, Clamp
464
GENERAL BODY
3203-PRX
W/Body Reinforcment, jack leg,
465
GENERAL BODY
4004EH
Reinforcment, dual outriggers, b
466
SERVICE TRUCK
W TH 3K CRANE
3200LB CAPACITY ELECTRIC OVE
467
SERVICE TRUCK
W TH 4K CRANE
4000LB CAPACITY ELECTRIC OVE
468
SERVICE TRUCK
W TH 5K CRANE
5000LB CAPACITY ELECTRIC OVE
469
SERVICE TRUCK
W TH 6K CRANE
6000LB CAPACITY ELECTRIC OVE
470
TRANSIT WORKS
TW0001
Additional Wheelchair Location
471
TRANSIT WORKS
TW0002
3PT GOES Seat
472
TRANSIT WORKS
TW0003
Galvaneal steel short step (Drive
473
TRANSIT WORKS
TW0004
Galvaneal steel full passenger sti
474
TRANSIT WORKS
TW0005
Power Sliding Cargo Door
475
TRANSIT WORKS
TW0006
Stanchion Poles Side Cargo Door
476
TRANSIT WORKS
TW0007
First Aid Kit & Triangle Reflector
477
TRANSIT WORKS
TW0008
Body spill kit in Plastic Storage
478
TRANSIT WORKS
TW0009
Roof Hatch
479
TRANSIT WORKS
TW0010
Full Wood Floor with Altro Floor
480
TRANSIT WORKS
TW0011
Aftermarket Seat (Per Seat Posit
481
TRANSIT WORKS
TW0012
seats Included)
494
TRANSIT WORKS
TW0037
Flat ramp)
495
TRANSIT WORKS
TW0038
Lok retractable system
496
TRANSIT WORKS
TW0046
Window Tint
497
TRANSIT WORKS
TW0047
ADA Interlock
498
TRANSIT WORKS
TW0050
2nd row stow-n-go factory seath
499
TRANSIT WORKS
TW0051
Steel footplate
500
TRANSIT WORKS
TW0081
Freight Flat Bed Truck (Per Mile 1
501
TRANSIT WORKS
TW0083
Delivery Schedule)
502
TRANSIT WORKS
TW0082
Freight Flat Bed Truck (Per Mile 1
503
TRANSIT WORKS
TW0080
Schedule)
504
TRANSIT WORKS
TW0090
include manual rear ramp, 1 or 2
505
TRANSIT WORKS
TW0102
Ford Transit Connect Wagon
506
TRANSIT WORKS
TW0112
Regular Length LOW Roof
507
TRANSIT WORKS
TW0113
Extended Length HIGH Roof
508
TRANSIT WORKS
TW0114
w/ three-point lap/shoulder belt
509
TRANSIT WORKS
TW0116
facing 3PT seat w/ three-point
510
TRANSIT WORKS
TW0119
seat w/ three-point lap/shoulder
511
TRANSIT WORKS
TW0128
w/ three-point lap/shoulder belt
512
TRANSIT WORKS
TW0130
facing 3PT seat w/ three-point
513
TRANSIT WORKS
TW0132
seat w/ three-point lap/shoulder
514
TRANSIT WORKS
TW0134
Armrest (indicate left or right)
515
TRANSIT WORKS
TW0135
more seats + driver)
516
TRANSIT WORKS
TW0136
COLOR WHEN ORDERING;
517
TRANSIT WORKS
TW0137
COLOR WHEN ORDERING;
518
TRANSIT WORKS
TW0138
COLOR WHEN ORDERING;
519
TRANSIT WORKS
TW0139
COLOR WHEN ORDERING;
520
TRANSIT WORKS
TW0140
COLOR WHEN ORDERING;
r• 1% A
T M A w l f^ 1 T 1•/ /1 M I f^
T\ A r% A A A
1 -% A 1- /\ 1 w 1 i 1 • r% 1 A /'
534
TRANSIT WORKS
TW0156
lap & shoulder restraints
535
TRANSIT WORKS
TW0157
Wall -mounted tiedown storage c
536
TRANSIT WORKS
TW0158
pass side, for future wheelchair
537
TRANSIT WORKS
TW0159
shoulder mounts
538
TRANSIT WORKS
TW0160
Straight stanchion pole
539
TRANSIT WORKS
TW0161
Entry assist grab handle at ambu
540
TRANSIT WORKS
TW0169
Ferno 175-3 cot mount Installed
541
TRANSIT WORKS
TW0170
Stryker 6370 cot mount Installec
542
TRANSIT WORKS
TW0177
Red / white reflective tape on in;
543
TRANSIT WORKS
TW0178
SmartFloor rubber strip rail inset
544
TRANSIT WORKS
TW0179
Seal floor to walls
545
TRANSIT WORKS
TW0180
RAM
546
TRANSIT WORKS
TW0181
PARATRANSIT PACKAGE A
547
TRANSIT WORKS
TW0182
-- Al 3P Bench Floor Upgrade
548
TRANSIT WORKS
TW0183
-- A2 GO -Seat Upgrade
549
TRANSIT WORKS
TW0184
-- A3 2P Fold -Away Seat Upgrad
550
TRANSIT WORKS
TW0185
PARATRANSIT PACKAGE B
551
TRANSIT WORKS
TW0186
-- B1 3P Bench Floor Upgrade
552
TRANSIT WORKS
TW0187
-- B2 GO -Seat Upgrade
553
TRANSIT WORKS
TW0188
-- B3 2P Fold -Away Seat Upgrad
554
TRANSIT WORKS
TW0189
-- B4 Four Wheelchairs Floor Up
555
TRANSIT WORKS
TW0190
PARATRANSIT PACKAGE R
556
TRANSIT WORKS
TW0191
-- R1 (3) Rear Smart Seats Upgra
557
TRANSIT WORKS
TW0192
TRANSPORTER PACKAGE C
558
TRANSIT WORKS
TW0193
-- Cl GO -Seat Upgrade
559
TRANSIT WORKS
TW0194
-- C2 4P Bench Floor Upgrade
560
TRANSIT WORKS
TW0195
PARATRANSIT PACKAGE D
r /` A
T M A A 1 f^ 1 T 1 A -% M I f^
T\ A r% A A I-
f% A 1% f1 fl 1 r 1 1 1 _
574
TRANSIT WORKS
TW0209
PARATRANSIT PACKAGE G
575
TRANSIT WORKS
TW0210
-- G1 3P Bench Floor Upgrade
576
TRANSIT WORKS
TW0211
-- G2 GO -Seat Upgrade
577
TRANSIT WORKS
TW0212
-- G3 2P Fold -Away Seat Upgrad
578
TRANSIT WORKS
TW0213
PARATRANSIT PACKAGE H
579
TRANSIT WORKS
TW0214
-- H1 3P Bench Floor Upgrade
580
TRANSIT WORKS
TW0215
-- H2 GO -Seat Upgrade
581
TRANSIT WORKS
TW0216
-- H3 2P Fold -Away Seat Upgrad
582
TRANSIT WORKS
TW0217
-- H4 Four Wheelchairs Floor Up
583
TRANSIT WORKS
TW0218
TRANSPORTER PACKAGE 1
584
TRANSIT WORKS
TW0219
-- 11 GO -Seat Upgrade
585
TRANSIT WORKS
TW0220
-- 12 4P Bench Floor Upgrade
#REF!
VERSALIFT
VST47
SERVICED BODY W/ 47 AERIAL
#REF!
VERSALIFT
VST40
SERVICE BODY WITH 40 AERIAL
#REF!
VERSALIFT
SST40
SERVICE BODY WITH 40 SST AER
#REF!
VERSALIFT
VO40
SERVICE BODY WITH 40' VO AER
#REF!
VERSALIFT
VST6000
SERVICE BODY WITH 55' AERIAL
TIPS RFP # 210907
Required Confidential Information Status Form
LAKE COUNTRY CHEVROLET
Name of company
SETH GAMBLIN, FLEET SALES
Printed Name and Title of authorized company officer declaring below the confidential status of material
1211 US HIGHWAY 96 N
Address
SILSBEE TX 77656 512.436.1313
City
ALL VENDORS MUST COMPLETE THE ABOVE SECTION
State ZIP Phone
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 cony 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.
ALL VENDORS MUST COMPLETE ONE OF THE TWO OPTIONS BELOW.
OPTION 1:
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.
IF CLAIMING PARTS OF YOUR PROPOSAL CONFIDENTIAL, YOU MUST ATTACH THE SHEETS TO THIS
FORM AND LIST THE NUMBER OT TOTAL PAGES THAT ARE CONFIDENTIAL.
ATTACHED ARE COPIES OF 0 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
----------------------------------------------------------- OR --------------------------------------------
OPTION 2:
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.
Signature �YrDate 10/18/21
Confidentiality Claim Form rev 1001202ORP
Exhibit C
Cooperative Agency Contract
(The Interlocal Purchasing System cooperative contract No. 210907 Pages follow)
TIPS VENDOR AGREEMENT
Between SILSBEE FORD INC and
(Company Name)
THE INTERLOCAL PURCHASING SYSTEM (TIPS),
a Department of Texas Education Service Center Region 8 for
TIPS RFP 210907 Automobiles
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 contract, agreement, or 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. Vendor accepts and understands that
when a purchase order or similar purchase document is sent from a customer through TIPS to the Vendor,
TIPS is recording the purchase and verifying whether the purchase is within the parameters of the TIPS
Contract only. Vendor agrees that TIPS is not a legal party to the purchase order or similar purchase
document and TIPS is not responsible for identifying fraud, mistakes, or misrepresentations for the specific
order. Vendor agrees that any purchase order or similar purchase document issued from a customer to
Vendor, even when processed through TIPS, constitutes a legal contract between the customer and Vendor
only. A Vendor that accepts a purchase order or similar purchase document and fulfills an order, even when
processed through TIPS, is representing that the vendor has carefully reviewed the purchase order or similar
purchase document for legality, authenticity, and accuracy.
Tax exempt status
Most TIPS Members are tax exempt and the related laws and/or regulations of the controlling jurisdictions)
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
The Agreement with TIPS is for approximately three (3) years with an option for renewal for an additional one
(1) consecutive year. If TIPS offers the renewal extension year, the Vendor will be notified by email to the primary
contact of the awarded Vendor and shall be deemed accepted by the Vendor unless the awarded Vendor notifies
TIPS of its objection to the additional term. 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.
TIPS Vendor Agreement 06022020_sr Page 2
"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, 2020 but extended negotiations
delay award until June 27, 2020 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.
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 satisfy the Agreement renewal. This term
is not negotiable and any Agreement between a TIPS Member and a TIPS awarded vendor with an automatic
renewal clause that conflicts with these terms is rendered void and unenforceable.
Shipments
The Vendor shall ship, deliver or provide ordered products or services within a commercially reasonable time
after the receipt of the order from the TIPS Member. If a delay in said delivery is anticipated, the Vendor
shall notify TIPS Member as to why delivery is delayed and 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.
TIPS Vendor Agreement 06022020_sr Page 3
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
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 FAQ'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),
TIPS Vendor Agreement 06022020_sr Page 4
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
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 Member to 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
TIPS Vendor Agreement 06022020_sr Page 5
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 or terminate this or any other sales Agreement of any awarded Vendor whose license(s)
required for performance under this Agreement have expired, lapsed, are suspended or terminated subject
to a 30-day cure period unless prohibited by applicable statue or regulation.
Novation
If awarded Vendor sells or transfers all assets, rights or the entire portion of the assets or rights required to
perform this Agreement, a successor in interest must guarantee to perform all obligations under this
Agreement. A simple change of name agreement will not change 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
TIPS Vendor Agreement 06022020_sr Page 6
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.
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
TIPS Vendor Agreement 06022020_sr Page 7
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 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.
TIPS Vendor Agreement 06022020_sr Page 8
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
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
TIPS Vendor Agreement 06022020_sr Page 9
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:
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 directly to 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
TIPS Vendor Agreement 06022020_sr Page 10
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 11
TIPS Vendor Agreement Signature Form
TIPS REP 210907 AUTOMOBILES
Company Name SILSBEE FORD INC.
Address 1211 US HIGHWAY 96 NORTH
city S I LS B E E State TX Zip 77656
Phone512.4361313 Fax
Email of Authorized Representative SGAMBLIN.SILSBEEFLEET@GMAIL.COM
Name of Authorized Representative SETH GAMBLIN
Title SALES
Signature of Authorized RepresentativeL
Date 10/15/2021
TIPS Authorized Representative Name David Fitts
Title Executive Director
TIPS Authorized Representative Signature�,�,,,,.
Approved by ESC Region 8
Date 10/29/2021
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.
4
210907 Addendum 2
SILSBEE FORD INC.
Supplier Response
Event Information
Number: 210907 Addendum 2
Title: Automobiles
Type: Request for Proposal
Issue Date: 9/2/2021
Deadline: 10/19/2021 03:00 PM (CT)
Notes: If you already hold a contract that allows you to sell all your
offerings, there may be no need to respond to this RFP.
This may include new cars, trucks, vans, buses (other than school
buses as defined by the USDOT or applicable state law, whichever is
most restrictive), SUVs, ATVs, UTVs, motorcycles and parts and
accessories and service.
Any type of motorized vehicle on or off road. New or used. New
vehicles are priced at a minimum discount from Manufacturer's list
price. Used vehicles must be priced based on your proposed
coefficient or percentage of the book relative price against a
published used vehicle pricing service that you select and agree to
document. Example Blue book, Black book, NADA, etc. or other
catalog that meets the definition of "catalog" published in the RFP.
See additional information in the specifications.
Contact Information
Address: Region 8 Education Service Center
Page 1 of 27 pages Vendor: SILSBEE FORD INC. 210907 Addendum 2
4845 US Highway 271 North
Pittsburg, TX 75686
Phone: +1 (866) 839-8477
Email: bids@tips-usa.com
Page 2 of 27 pages Vendor: SILSBEE FORD INC. 210907 Addendum 2
SILSBEE FORD INC. Information
Contact: SETH GAMBLIN
Address: 1211 US HWY 96 NORTH
SILSBEE, TX 77656
Phone: (512) 436-1313
Fax: (409) 895-3884
Email: SGAMBLIN.SILSBEEFLEET@GMAIL.COM
Web Address: silsbeefleetgroup.com
By submitting your response, you certify that you are authorized to represent and bind your company.
SETH GAMBLIN
Signature
Submitted at 1011812021 3:13:02 PM
Supplier Note
THANK YOU!
Requested Attachments
Agreement Signature Form
SGAMBLIN.SILSBEEFLEET@GMAIL.COM
Email
210907 Agreement Signature Form SILSBEE FORD.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.
All Other Certificates
No response
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.
Pricing Form 2
210907 Pricing Form 2 (1) SILSBEE FORD.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.
Reference Form
210907 Reference —Form SILSBEE FORD.xIs
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.
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.
Page 3 of 27 pages Vendor: SILSBEE FORD INC. 210907 Addendum 2
Proposed Goods and Services Marketing statement Silsbee Fleet CO ANY SUMMARY.pdf
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. It does not have to be exhaustive but should, at a minimum tell us what you are offering. It could
be as simple as a sheet with your link to your online catalog of goods and services.
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 No response
Warranty information (if applicable) must be scanned and uploaded. (PDF Format ONLY)
DO NOT UPLOAD encrypted or password protected files.
Vendor Agreement 210907 Vendor Agreement SILSBEE FORD INC.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.
Pricing Form 1 210907 Pricing Form 1 SILSBEE FORD.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.
Supplementary No response
Supplementary information may be scanned and uploaded. (Company information, brochures, catalogs, etc.) (PDF
Format ONLY)
DO NOT UPLOAD encrypted or password protected files.
Logo and Other Company Marks No response
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
Certification of Corporate Offerer Form- COMPLETE ONLY IF OFFERER IS A No response
CORPORATION
CO LETE 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 Claim Form 210907 CONFIDENTIALITY CLAIM FORM SILSBEE FORD.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
HO ESC8/TIPS RESPONDS TO LEGAL PUBLIC INFORMATION REQUESTS.
Current W-9 Tax Form silsbee ford w9 2021.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.
Page 4 of 27 pages Vendor: SILSBEE FORD INC. 210907 Addendum 2
Bid Attributes
1
Yes - No
Disadvantaged/Minority/Women Business Enterprise - D/M/WBE/Federal HUBZone (Required by some participating
governmental entities). Vendor certifies that their firm is a D/M/WBE or HUBZone? Vendor must upload proof of
certification to the "Response Attachments" D/M/WBE CERTIFICATES section.
NO
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/.
Proof 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)
No response
5
Company and/or Product Description:
This information will appear on the TIPS website in the company profile section, if awarded a TIPS contract. (Limit
750 characters.)
SILSBEE FLEET GROUP (SILSBEE FORD, LAKE COUNTRY CHEVROLET, DODNALSON CDJR, SILSBEE
TOYOTA)
6
Primary Contact Name
Primary Contact Name
SETH GAMBLIN
7
Primary Contact Title
Primary Contact Title
FLEET SALES
8
Primary Contact Email
Primary Contact Email
SGAMBLIN.SILSBEEFLEET@GMAIL.COM
9
Primary Contact Phone
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
5124361313
Page 5 of 27 pages Vendor: SILSBEE FORD INC. 210907 Addendum 2
1
Primary Contact Fax
U
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
No response
1
Primary Contact Mobile
1
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
No response
1
Secondary Contact Name
2
Secondary Contact Name
SETH GAMBLIN
1
Secondary Contact Title
3
Secondary Contact Title
FLEET SALES
1
Secondary Contact Email
4
Secondary Contact Email
SGAMBLIN.SILSBEEFLEET@GMAIL.COM
1
Secondary Contact Phone
5
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
5124361313
1
Secondary Contact Fax
6
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
No response
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.
SETH GAMBLIN
1
Admin Fee Contact Email
9
Admin Fee Contact Email
SGAMBLIN.SILSBEEFLEET@GMAIL.COM
Page 6 of 27 pages Vendor: SILSBEE FORD INC. 210907 Addendum 2
2
U
Admin Fee Contact Phone
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
5124361313
2
Purchase Order Contact Name
Purchase Order Contact Name. This person is responsible for receiving Purchase Orders from TIPS.
SETH GAMBLIN
2
2
Purchase Order Contact Email
Purchase Order Contact Email
SGAMBLIN.SILSBEEFLEET@GMAIL.COM
2
3
Purchase Order Contact Phone
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
5124361313
2
4
Company Website
Company Website (Format - www.company.com)
No response
2
5
Entity D/B/A's and Assumed Names
Please identify all of your entity's assumed names and D/B/A's. Please note that you will be identified publicly by
the legal name under which you responded to this solicitation unless you organize otherwise with TIPS after award.
No response
2
6
Primary Address
Primary Address
1211 US HIGHWAY 96 N.
2
7
Primary Address City
Primary Address City
SILSBEE
2
8
Primary Address State
Primary Address State (2 Digit Abbreviation)
TEXAS
2
9
Primary Address Zip
Primary Address Zip
77656
Page 7 of 27 pages Vendor: SILSBEE FORD INC. 210907 Addendum 2
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.)
AUTOMOBILE, TRUCK, CAR, VEHICLE
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 or other funding 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, etc. Your answers will determine if your award will be designated as eligible for TIPS Members to
utilize federal funds with your company.
Do you want TIPS Members to be able to spend Federal funds, at the Member's discretion, with you?
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;
OR
(B) employs at least 500 persons in Texas?
This question is required as a data gathering function for information to our members making purchases with
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?
SILSBEE
3
Company Residence (State)
4
Vendor's principal place of business is in the state of?
TEXAS
Page 8 of 27 pages Vendor: SILSBEE FORD INC. 210907 Addendum 2
3
Discount Offered - CAUTION READ CAREFULLY BECAUSE VENDORS FREQUENTLY 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. Please note that any specific greater discount offered for a
particular product, brand, or service listed in Vendor's proposal will control and Vendor will be required to honor that
greater specific discount, in excess of the minimum discount, for that particular product, brand, or service for the life
of the contract.
Must answer with a number between 0% and 100%.
0%
3
MINIMUM Discount Term
6
Does the vendor agree to at least offer, for the life of the Agreement, the Minimum Discount Percentage off list or
catalog proposed by Vendor in response to the Attribute entitled "Discount Offered - CAUTION READ CAREFULLY
BECAUSE VENDORS FREQUENTLY MAKE MISTAKES ON THIS ATTRIBUTE QUESTION"? TIPS will utilize this
response to satisfy the Long Term Cost scoring evaluation criteria. A "YES" answer will be awarded the maximum
10 points for this criterion out of the 100 total points and a "NO" answer is awarded 0 points.
YES
3
Catalog or list pricing of vendor
7
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
8
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.
Page 9 of 27 pages Vendor: SILSBEE FORD INC. 210907 Addendum 2
3
Yes - No
9
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
4
Additional Discounts?
U
Do you offer additional discounts to TIPS members for large order quantities or large scope of work?
Yes
4
Years in Business as Proposing Company
Years in business as proposing company?
18
4
Resellers:
2
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
Right of Refusal
3
The proposing vendor has the right not to sell under the awarded agreement with a TIPS member at vendor's
discretion unless required by law.
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 10 of 27 pages Vendor: SILSBEE FORD INC. 210907 Addendum 2
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.
The Form CIQ is one of the attachments to this solicitation.
There is an optional upload for this form provided if you have a conflict and must file the form
No
4
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
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 11 of 27 pages Vendor: SILSBEE FORD INC. 210907 Addendum 2
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.
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.
Yes
Page 12 of 27 pages Vendor: SILSBEE FORD INC. 210907 Addendum 2
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.
0 Yes, I certify (Yes)
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.
Page 13 of 27 pages Vendor: SILSBEE FORD INC. 210907 Addendum 2
5
2 CFR PART 200 Contracts
4
Contracts for more than the simplified acquisition threshold currently set at $250,000, 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
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 $250,000 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
Page 14 of 27 pages Vendor: SILSBEE FORD INC. 210907 Addendum 2
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
$250,000)
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 $250,000, 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
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
Page 15 of 27 pages Vendor: SILSBEE FORD INC. 210907 Addendum 2
6
0
2 CFR PART 200 Rights to Inventions
If the Federal award meets the definition of "funding agreement' under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research work under that
"funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements," and any implementing regulations issued by the awarding agency.
Pursuant to the above, when the foregoing applies to ESC Region 8 and TIPS Members, Vendor certifies that
during the term of an award resulting from this procurement process, Vendor agrees to comply with all applicable
requirements as referenced in the Federal rule above.
Does vendor agree?
Yes
6
2 CFR PART 200 Domestic Preferences for Procurements
As appropriate and to the extent consistent with law, the non -Federal entity should, to the greatest extent
practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products,
or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products). The requirements of this section must be included in all subawards including all contracts
and purchase orders for work or products under this award. For purposes of 2 CFR Part 200.322, "Produced in the
United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stag
through the application of coatings, occurred in the United States. Moreover, for purposes of 2 CFR Part 200.322,
"Manufactured products" means items and construction materials composed in whole or in part of non-ferrous
metals such as aluminum, plastics and polymer -based products such as polyvinyl chloride pipe, aggregates such as
concrete, class, including optical fiber, and lumber.
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies
that to the greatest extent practicable Vendor will provide a preference for the purchase, acquisition, or use of
goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products).
Does vendor agree?
Yes
6
2 CFR PART 200 Ban on Foreign Telecommunications
2
Federal grant funds may not be used to purchase equipment, services, or systems that use "covered
telecommunications" equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system. "Covered telecommunications" means purchases from Huawei Technologies
Company or ZTE Corporation (or any subsidiary or affiliate of such entities), and video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital
Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies
that Vendor will not purchase equipment, services, or systems that use "covered telecommunications", as defined
by 2 CFR §200.216 equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system.
Does vendor agree?
Yes
Page 16 of 27 pages Vendor: SILSBEE FORD INC. 210907 Addendum 2
6
Certification Regarding Lobbying
3
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
4
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.
6
Subcontracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus
5
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
Page 17 of 27 pages Vendor: SILSBEE FORD INC. 210907 Addendum 2
6 ONLY IF YES TO THE PREVIOUS QUESTION OR if you ever do subcontract any part of your
6 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
6 Indemnification
7 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?
0 Yes, I Agree (Yes)
Page 18 of 27 pages Vendor: SILSBEE FORD INC. 210907 Addendum 2
6
Remedies
8
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
9
Remedies Explanation of No Answer
No response
7
Choice of Law
U
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?
Ag reed
7
Venue, Jurisdiction and Service of Process
An proceeding, involving Region 8 ESC or TIPS, arising out of or relating to this procurement process or an
Y P 9, � 9 g� 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?
Ag reed
Page 19 of 27 pages Vendor: SILSBEE FORD INC. 210907 Addendum 2
7
Infringement(s)
2
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
3
No response
7
Contract Governance
4
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.
0 Yes, I Agree (Yes)
7
Payment Terms and Funding Out Clause
5
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?
0 Yes, I Agree (Yes)
Page 20 of 27 pages Vendor: SILSBEE FORD INC. 210907 Addendum 2
7 I Insurance and Fingerprint Requirements Information
6 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 & 22.08341. Statutory language may be found at: http://www.statutes.Iegis.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 21 of 27 pages Vendor: SILSBEE FORD INC. 210907 Addendum 2
7 Texas Education Code Chapter 22 Contractor Certification for Contractor Employees
7 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.
OR
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 22 of 27 pages Vendor: SILSBEE FORD INC. 210907 Addendum 2
7
Texas Business and Commerce Code § 272 Requirements as of 9-1-2017
8
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 & 2271 Verification Form
9
Texas Government Code 2270 & 2271 Verification Form
If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this
Agreement has a value of $100,000 or more, the following certification shall apply; otherwise, this certification is not
required. Pursuant to Chapter 2271 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 prohibited by Texas
Government Code 2270 or 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
8
Logos and other company marks
0
Please upload our company logo to be added to our individual profile page on the TIPS website. If an articular
p Y p Y g 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 23 of 27 pages Vendor: SILSBEE FORD INC. 210907 Addendum 2
8
Solicitation Deviation/Compliance
Does the vendor agree with the General Conditions Standard Terms and
Conditions or Item Specifications listed in this proposal invitation?
Yes
8
Solicitation Exceptions/Deviations Explanation
2
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
3
Does the vendor agree with the language in the Vendor Agreement?
Yes
8
Agreement Exceptions/Deviations Explanation
4
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
5
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 24 of 27 pages Vendor: SILSBEE FORD INC. 210907 Addendum 2
8
If you answered C. My Firm is owned or operated by a felon to the previous question, you are
6
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
Required Confidentiality Claim Form
7
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 upload 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". THIS REQUIRED PROCESS
IS THE ONLY WAY TO DEEM PROPOSAL DOCUMENTATION CONFIDENTIAL ANY OTHER CONFIDENTIAL
DESIGNATION WILL BE DISREGARDED UNLESS THE DOCUMENT IS IDENTIFIED BY AND ATTACHED TO THE
REQUIRED FORM. By 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 bids@tips-usa.com.
8
Choice of Law clauses with TIPS Members
8
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.
Ag reed
8
Venue of dispute resolution with a TIPS Member
9
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.
Ag reed
9
Automatic renewal of contracts or agreements with TIPS or a TIPS member entity
U
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.
Ag reed
Page 25 of 27 pages Vendor: SILSBEE FORD INC. 210907 Addendum 2
9
Indemnity Limitation with TIPS Members
1
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.
Ag reed
9
Arbitration Clauses
2
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
3
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 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.
9
Upload of Current W-9 Required
4
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.
9
CERTIFICATION REGARDING BOYCOTTING CERTAIN ENERGY COMPANIES (Texas law as of
5
September 1, 2021)
By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the
following required by Texas law as of September 1, 2021:
If (a) company is not a sole proprietorship; (b) company has ten (10) or more full-time employees; and (c) this
contract has a value of $100,000 or more that is to be paid wholly or partly from public funds, the following
certification shall apply; otherwise, this certification is not required. Pursuant to Tex. Gov't Code Ch. 2274 of SB 13
(87th session), the company hereby certifies and verifies that the company, or any wholly owned subsidiary,
majority -owned subsidiary, parent company, or affiliate of these entities or business associations, if any, does not
boycott energy companies and will not boycott energy companies during the term of the contract. For purposes of
this contract, the term "company" shall mean an organization, association, corporation, partnership, joint venture,
limited partnership, limited liability partnership, or limited liability company, that exists to make a profit. The term
"boycott energy company" shall mean "without an ordinary business purpose, refusing to deal with, terminating
business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or limit
commercial relations with a company because the company (a) engages in the exploration, production, utilization,
transportation, sale, or manufacturing of fossil fuel -based energy and does not commit or pledge to meet
environmental standards beyond applicable federal and state law, or (b) does business with a company described
by paragraph (a)." See Tex. Gov't Code § 809.001(1).
Page 26 of 27 pages Vendor: SILSBEE FORD INC. 210907 Addendum 2
9 CERTIFICATION PROHIBITING DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES
6 (Texas law as of September 1, 2021)
By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the
following required by Texas law as of September 1, 2021:
If (a) company is not a sole proprietorship; (b) company has at least ten (10) full-time employees; (c) this contract
has a value of at least $100,000 that is paid wholly or partly from public funds; (d) the contract is not excepted
under Tex. Gov't Code § 2274.003 of SB 19 (87th leg.); and (e) governmental entity has determined that company
is not a sole -source provider or governmental entity has not received any bids from a company that is able to
provide this written verification, the following certification shall apply; otherwise, this certification is not required.
Pursuant to Tex. Gov't Code Ch. 2274 of SB 19 (87th session), the company hereby certifies and verifies that the
company, or association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or
limited liability company, including a wholly owned subsidiary, majority -owned subsidiary parent company, or affiliate
of these entities or associations, that exists to make a profit, does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of
this contract against a firearm entity or firearm trade association. For purposes of this contract, "discriminate
against a firearm entity or firearm trade association" shall mean, with respect to the entity or association, to: "(1)
refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a
firearm entity or firearm trade association; (2) refrain from continuing an existing business relationship with the
entity or association based solely on its status as a firearm entity or firearm trade association; or (3) terminate an
existing business relationship with the entity or association based solely on its status as a firearm entity or firearm
trade association. See Tex. Gov't Code § 2274.001(3) of SB 19. "Discrimination against a firearm entity or firearm
trade association" does not include: "(1) the established policies of a merchant, retail seller, or platform that restrict
or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (2) a company's refusal to
engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship,
or decision to terminate an existing business relationship to comply with federal, state, or local law, policy, or
regulations or a directive by a regulatory agency, or for any traditional business reason that is specific to the
customer or potential customer and not based solely on an entity's or association's status as a firearm entity or
firearm trade association." See Tex. Gov't Code § 2274.001(3) of SB 19.
9 I CERTIFICATION REGARDING CERTAIN FOREIGN -OWNED COMPANIES IN CONNECTION WITH
7 CRITICAL INFRASTRUCTURE (Texas law as of September 1, 2021)
By submitting a proposal to this Solicitation, you certify that you agree to the following required by
Texas law as of September 1, 2021:
Proposing Company is prohibited from entering into a contract or other agreement relating to critical infrastructure
that would grant to the company direct or remote access to or control of critical infrastructure in this state, excluding
access specifically allowed by the Proposing Company for product warranty and support purposes. Company,
certifies that neither it nor its parent company nor any affiliate of company or its parent company, is (1) owned by or
the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens
of China, Iran, North Korea, Russia, or a designated country; (2) a company or other entity, including governmental
entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North
Korea, Russia, or a designated country; or (3) headquartered in China, Iran, North Korea, Russia, or a designated
country. For purposes of this contract, "critical infrastructure" means "a communication infrastructure system,
cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility." See Tex. Gov't
Code § 2274.0101(2) of SB 1226 (87th leg.). The company verifies and certifies that company will not grant direct
or remote access to or control of critical infrastructure, except for product warranty and support purposes, to
prohibited individuals, companies, or entities, including governmental entities, owned, controlled, or headquartered
in China, Iran, North Korea, Russia, or a designated country, as determined by the Governor.
Page 27 of 27 pages Vendor: SILSBEE FORD INC. 210907 Addendum 2
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TIPS RFP # 210907
Required Confidential Information Status Form
SILSBEE FORD INC
Name of company
SETH GAMBLIN, FLEET SALES
Printed Name and Title of authorized company officer declaring below the confidential status of material
1211 US HIGHWAY 96 N.
Address
SILSBEE TX 77656 512.436.1313
City
ALL VENDORS MUST COMPLETE THE ABOVE SECTION
State ZIP Phone
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 subj ect to public disclosure pursuant to Chapter 552 Texas
Gov't Code or other law(s), you must attach a cony 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.
ALL VENDORS MUST COMPLETE ONE OF THE TWO OPTIONS BELOW.
OPTION 1:
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.
IF CLAIMING PARTS OF YOUR PROPOSAL CONFIDENTIAL, YOU MUST ATTACH THE SHEETS TO THIS
FORM AND LIST THE NUMBER OT TOTAL PAGES THAT ARE CONFIDENTIAL.
ATTACHED ARE COPIES OF 0 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
----------------------------------------------------------- OR --------------------------------------------
OPTION 2:
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.
Signature Date 10/ 15/21
Confidentiality Claim Form rev 1001202ORP
Exhibit D
Conflict of Interest Questionnaire
(Pages follow)
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Code § 176.0010-a): "Business relationship" means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an
agency of a federal, state, or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to, that agency.
Local Government Code § 176.003(a)(2)(A) and (B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than $100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code § 176.006(a) and (a-1)
(a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the
officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any
gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) submits to the local governmental entity an application, response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer, described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
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.
SILSBEE FORD INC.
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.
N/A
Name of Officer
4J 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
CIO 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 the vendor?
Yes IX 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?
F1 Yes XI No
11 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.
6
❑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 Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
7wi�"
(/ 01 /14/23
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021
M&C Review Page 1 of 2
0
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGEND FOR H
Create New From This M&C
REFERENCE **M&C 23- 21SPORT UTILITY,
DATE: 1/10/2023 NO.: 0034 LOG NAME: VANS, TRUCKS LW
PMD
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize a Non -Exclusive Purchase Agreement with Silsbee Ford Inc. for the
Purchase of Sport Utility Vehicles, Vans and Trucks, Using the Interlocal Purchasing
System Cooperative Contract No. 210907 for an Initial One -Year Term for an Annual
Amount Up to $10,625,000.00 and Authorize an Option for Renewal for Two (2) One -
Year Terms in the Same Annual Amount for the City Departments
RECOMMENDATION:
It is recommended that City Council authorize a Non -Exclusive Purchase Agreement with Silsbee
Ford Inc., for the purchase of sport utility vehicles, vans and trucks, using The Interlocal Purchasing
System cooperative contract No. 210907 for an initial one-year term for an annual amount up to
$10,625,000.00 and authorize an option for renewal for two ( 2) one-year terms in the same annual
amount for City Departments.
DISCUSSION:
Approval of this Mayor and Council Communication will provide Property Management (PMD)
purchasing authority through Interlocal Purchasing System (TIPS) cooperative contract No. 210907 to
purchase sport utility vehicles (SUV), vans and trucks to support their daily operational duties for City
Departments. PMD staff evaluated the automobiles offered through TIPS Contract No. 210907 and
determined that these meet the required SUV, van and truck specifications as requested under
Equipment Purchase Request (EPR) Forms provided to Property Management Department. Warranty
information, a manufacturer's Statement of Origin and original sales invoice will accompany the new
unit upon acceptance and delivery. The vehicles will replace units that can no longer be economically
maintained. The old units will be sold at auction upon delivery and acceptance of the new vehicles.
Prices under the TIPS contract No. 210907 were compared and a discount will be applied under the
contract.
AGREEMENT TERMS: Upon City Council's approval, this agreement shall begin upon execution and
expire on November 30, 2023 in accordance with the terms of the TIPS Contract.
RENEWAL TERMS: The agreement may be renewed for an additional two (2) one-year renewals in
accordance with the terms of the TIPS contract. The renewal action does not require specific City
Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's
obligations during the renewal term.
COOPERATIVE PURCHASE - State law provides that a local government purchasing an items under
a Cooperative Purchasing Agreement satisfies state laws requiring that the local government seek
competitive bids for purchase of the item. TIPS contracts were competitively bid to increase and
simplify the purchasing power of local government entities across the State of Texas.
M/WBE OFFICE — M/WBE goal is not assigned when purchasing from an approved purchasing
cooperative or other public entity.
ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by
the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does
not require specific City Council approval as long as sufficient funds have been appropriated.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30662&councildate=1/10/2023 1/11/2023
M&C Review
Page 2 of 2
Funding is budgeted in the participating department's various capital projects funds, as appropriated.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds will be available in the current capital budget, as previously
appropriated, in the participating department's various capital funds to support the approval of the
above recommendation and execution of the purchase agreement. Prior to an expenditure being
incurred, the Property Management Department and participating departments have the responsibility
to validate the availability of funds.
Fund Department Account Project Program Activity Budget I Reference # I Amount
ID I I ID Year I (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID D Year (Chartfield 2)
Submitted for City Manager's Office by: Dana Burghdoff (8018)
Originating Department Head:
Additional Information Contact:
Steve Cooke (5134)
Denise Garcia (6787)
LaVonda Wall (2008)
ATTACHMENTS
$10M Co-op Contract- FID Table - Silbee Ford.xlsx (CFW Internal)
21SPORT UTILITY, VANS, TRUCKS LW PMD funds availability_.pdf (CFW Internal)
21SPORT UTILITY, VANS, TRUCKS LW PMD Updated FID.xlsx (CFW Internal)
Entitylnformation-20221207-111646.pdf (CFW Internal)
Form 1295 Certificate 100988327 FORT WORTH SILSBEE FORD 121422.pdf (CFW Internal)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30662&councildate=1/10/2023 1/11/2023