HomeMy WebLinkAboutContract 60539FORT WORTH CSC No. 60539
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement ("Agreement") is entered into by and between Rexel USA,
Inc. ("Vendor") and the City of Fort Worth ("City"), a Texas home rule municipality.
The Cooperative Purchase Agreement includes the following documents which shall be construed in the
order of precedence in which they are listed:
1. This Cooperative Purchase Agreement;
2. Exhibit A — Seller's Quote, Scope of Services or Purchase Order;
3. Exhibit B — Cooperative Agency Contract, TIPS 210304; and
4. Exhibit C — Conflict of Interest Questionnaire.
Exhibits A, B, and C 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 A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all
exhibits thereto.
City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with
the provisions of this Agreement. Total payment made under this Agreement for the first year by City
shall be in the amount up to Five Hundred Thirty -Two Thousand Dollars ($532,000.00). 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 begin on the date signed by the Assistant City Manager below
and end on July 31, 2024. City shall be able to renew this agreement for one (1) one-year renewal option,
for an amount up to $665,000.00, by written agreement of the parties so long as the underlying agreement
is renewed.
Vendor agrees that City shall, until the expiration of three (3) years after final payment under this
Agreement, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent books, documents, papers and records,
including, but not limited to, all electronic records, of Vendor involving transactions relating to this
Agreement at no additional cost to City. Vendor agrees that City shall have access during normal
working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor
reasonable advance notice of intended audits.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective Vendor.
CITY OF FORT WORTH:
By: William Johnson (N v30,202311:49CST)
Name: William Johnson
Title: Assistant City Manager
Date:
Nov 30, 2023
APPROVAL RECOMMENDED:
_X
By:
Lauren Prieur (Nov 26, 202318:27 CST)
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.
Tyson
By: Whitler (Nov 21, 2023 08:28 CST)
Name: Tyson Whitler
Title: Parts and Materials Supervisor
/:199Z/lT/1IIX.%V1111aC1]70VKiel 03gX1%111Y"
Name: Lauren Prieur
Title: Director, TPW
ATTEST: By:
Name: Jessika Williams
Title: Assistant City Attorney
By: CONTRACT AUTHORIZATION:
Name: Jannette Goodall M&C: 23-0932
Title: City Secretary
VENDOR:
Rexel USA, Inc.
Nathah Whede -
Y: Nathan Wheeler (Nov 15, 202314:25 CST)
Name: Nathan Wheeler
Title: Outside Sales
Date: Nov 15, 2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Federal Compliance: Vendor agrees to comply with all federal statutes relating to nondiscrimination,
labor standards, domestic preference and environmental compliance. Additionally, for work to be performed under
the Agreement or subcontract thereof, including procurement of materials or leases of equipment, Vendor shall
notify each potential subcontractor or supplier of the Vendor's federal compliance obligations. These may include,
but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination
on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20
U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor
Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29
U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act
of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination
Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) any
other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Agreement;
(g) the requirements of any other nondiscrimination statute(s) which may apply to this Agreement; (h) applicable
provisions of the Davis -Bacon Act under 40 USC § 3141 — 3148, and the Contract Work Hours and Safety
Standards Act under 40 USC § 3701 — 3708; (i) applicable provisions of the Rights to Invention Made Under
Contract or Agreement Act under 37 CFR Part 40 1; 0) applicable provisions of the Clean Air Act under 42 USC
§ 7401 — 7671, the Energy Federal Water Pollution Control Act 33 USC § 1251 — 1387, and the Energy Policy
Conservation Act under 42 USC § 6201; (k) compliance with all Buy America requirements under 23 USC 313
and 23 CFR 635.410, which require a domestic manufacturing process for any steel or iron products; (1)
Compliance with Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment
under 2 CFR §200.216 and §200.471; (m) compliance with federal assistance programs under Executive Order
12549, Debarment and Suspension, which prohibit participation of debarred or suspended or otherwise excluded
from or ineligible vendor or its suppliers using federal funds; (n) compliance with federal restriction on lobbying
expenditures under 2 CFR 200 clauses: (o) consistent with Domestic preferences for procurements under 2 CFR
§200.322, which provide a preference for the purchase, acquisition, or use of goods, products, or materials
produced in the United States as appropriate and to the greatest extent practicable.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or
representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3)
received by the other party by United States Mail, registered, return receipt requested, addressed as
follows:
To CITY:
To VENDOR:
City of Fort Worth Rexel USA, Inc.
Attn: William Johnson, Assistant City Manager Michael Crawford
200 Texas Street 807 W Cotton Street
Fort Worth, TX 76102-6314 Long View, TX 75604
Facsimile: (817) 392-8654
Facsimile: (903) 757-6021
With copy to Fort Worth City Attorney's Office
at same address
Exhibit A - Quote
REXEL 2560 FTW FORT WORTH
2600 NE LOOP.820.STE.110
FORT WORTH, TX 76137-3646
817-831-2271
QUOTE TO:
CITY OF FORT WORTH
LIGHT & SIGNAL DIVISION
5001 JAMES AVE
FORT WORTH, TX 76115-3801
CUSTOMER NUMBER I
13484C
WRITER
Nathan Wheeler 2560
INSIDE SALESPERSON
Cynthia Perkov
ORDER QTY
CUSTOMER PHONE# I
817-871-7979
{ WRITER PHONE#
I 817 759 8604
ISHIP VIA I
DESCRIPTION
111 I!I 11111�I II II 11� II! 11111111
Quotation
QUOTE DATE QUOTE NUMBER PAGE NO.
07/06/2023 S137009621 1 of 3
CUST PO#:
JOBJREL#:
SHIP TO:
CITY OF FORT WORTH
LIGHT & SIGNAL DIVISION
5001 JAMES AVE
FORT WORTH, TX 76115-3801
ORDERED BY I OUTSIDE SALESPERSON
1 Nathan Wheeler 2560
j WRITER EMAIL
I nathan.wheeler@rexelusa.com
TERMS SHIP DATE FREIGHT ALLOWED
2% 10th, PROX 25th 1 07/06/2023 I No
UNIT PRICE I EXT PRICE
11000ea ALW VOLUTA220ORL SVC-DROP
888.044/M
9768.49
6-3-ACSR-VOLUTA
Pn: 477881
UPC: 98012058676
33000ea ALW SHEPHERDXLP330ORL SVC-DROP
601.844/M
19860,87
6-2ACSR-SHEPHERD-XLP-3300RL
Pn: 383324
UPC: 98012095100
5000ea ALW ERSKINE100ORL WIRE
967.200/M
4836.00
6-3-AL-URD-ERSKI NE
Pn:15594
UPC: 98012059595
50ea TCL DIRECT ITEM
140.960/ea
7048.00
POLECRETE BMK03PS
Pn: 236299
300ea FRZ TRM7 250V 7A 1 1/2X13/32 MID TD
5.380/EA
1614.00
Pn: 21789
UPC: 78200174651
475ea FRZ FEB-11-11 *MIDGET 1-POLE
23.300/EA
11067.50
IN -LINE FUSEHOL
Pn: 11009
UPC: 78200130068
300ea FRZ ATM30 600V 30A MIDGET FUSE
11.780/EA
3534.00
Pn: 17732
_ UPC 78 00190073
.ifces are subject to change at any time prior to shipment unless agreed to otherwise in writing signed by an authorized Seiler
representative. Orders related to this quotation must be received, accepted and released by Seller within 48 hours of issuance of the
Subtotal
quotation and are subject to evailsbllity. Many of Seller's manufacturing partners have advised that urnrl further notice they reserve
The right tc amend the delivery date, price, scope and quantity of supply and/or other terns and conditions set out in their offer or
quotation and Seiler equally reserves the right to pass through any such changes from its manufacturing partners to the Buyer
S&H Charges
Delivery dates are estimated only Seller shall not be liable for failure to meet such dates resulting from product shortages or
manufacturing delays Be advised that Seller considers any changes imposed by its manufacturing partners and other vendors
outside of Seller's reasonable control and therefore subject to Force Majeure provisions or similar common law doctrines such as
Sales Tax
'frustration" or "impossibility'
Seller's Standard Terms and Conditions of Sale are incorporated by reference Into this quotation. A copy of the most current version of
Seller's Standard Terms and Conditions of Sale is available at h=s l.'www rexelusamc corrUrmsiterms hlml
Full phone support at (888) 739.3577
Total
"` Continued on Next Page "
Printed By: NWHEELER on 817/20231-43*56 PM EST
REXEL 2560 FTW FORT WORTH
2600 NE LOOP.820.STE. I 10
FORT WORTH, TX 76137-3646
817-831-2271
QUOTE TO:
CITY OF FORT WORTH
LIGHT & SIGNAL DIVISION
5001 JAMES AVE
FORT WORTH, TX 76115-3801
CUSTOMER NUMBER
134840
WRITER
Nathan Wheeler 2560
INSIDE SALESPERSON
Cynthia Perkov
ORDER QTY
CUSTOMER PHONE#
817-871-7979
WRITER PHONE#
I` 817 759 8604
SHIP VIA
DESCRIPTION
If 1111 I 1 II1�1 II II 111 III 111 it 111
Quotation
QUOTE DATE QUOTE NUMBER I PAGE NO.
07/06/2023 I S137009621 2 of 3
CUST PO#:
JOB/REL#:
SHIP TO:
CITY OF FORT WORTH
LIGHT & SIGNAL DIVISION
5001 JAMES AVE
FORT WORTH, TX 76115-3801
ORDERED BY OUTSIDE SALESPERSON
Nathan Wheeler 2560
WRITER EMAIL
nathan.wheeler@rexelusa.com
TERMS SHIP DATE FREIGHTALLOWED
2% 10th, PROX 25& I 07/06/2023 No
UNIT PRICE EXT PRICE
500ea INT SK4500K SHORTING PLUG RATING
4.759/EA
2379.44
15A 480 VAC MAX
Pn: 1688467
UPC: 07827515122
500ea COP BARESD8SOL500RL
322.640/M
161,32
BAR E-SD-8-SOL-CU-50OS/R
Pn: 16128
UPC: 98010033430
500ea COP THHN10STRGRN50ORL
209.046/M
104.52
THHN-10-GRN-I 9STR-C U-50OS/R
Pn: 68536
UPC: 98010023040
2500ea COP THHN4STRBLK2500RL
917.876/M
2294.69
TH H N-4-BLK-19STR-CU-250OR
BLACK OR WHITE WIRE IS SAME PRICE
Pn: 69243
UPC: 98010023201
2500ea COP THHN6STRBLK2500RL
599.799/M
1499.50
THHN-6-BLK-19STR-CU-250OR
BLACK, WHITE OR GREEN
WIRE IS SAME PRICE
Pn: 138063
UPC: 98010023152
�nces are subject to change at .Ay time poor to shipment unless agreed to otherwise in writing signed by an authorized Seller
epresentative. Orders related to this quotation must be received, accepted and released by Seller within 48 hours of issuance of the
Subtotal
quotation and are subject to availability, Many of Seller's manufacturing partners have advised that until further notice they reserve
the right to amend the delivery date, price, scope and quantity of supply ari other terms and conditions set out in their offer or
quotation and Seiler equally reserves the right to pass through any such changes from its manufacturing partners to the Buyer
S&H Charges
Delivery dates are estimated only. Seller shell not be liable for failure to meet such dates resulting from product shortages or
manufacturing delays Be advised that Seller considers any changes imposed by its manufacturing partners and other vendors
Sales Tax
outside of Seller's reasonable control and therefore subject to Force Majeure provlslons or similar common law doctrines such as
'frustration" or "impossibility"
Seller's Standard Terms and Conditions of Sale are incorporated by reference into this quotation A copy of the most current version of
Sellers Standard Terms and Conditions of Sale is available at htlp_11www rexelusa+nc comftermsAarms hlml
Total
Full phone support at (888) 739-3577
.. Continued on Next Page '
Printed By: WHEELER on W(7120231 43 56 PM EST
REXEL 2560 FTW FORT WORTH
2600 NE LOOP.820.STE.110
FORT WORTH, TX 76137-3646
817-831-2271
QUOTE TO:
CITY OF FORT WORTH
LIGHT & SIGNAL DIVISION
5001 JAMES AVE
FORT WORTH, TX 76115-3801
CUSTOMER NUMBER
134840
WRITER
Nathan Wheeler 2560
INSIDE SALESPERSON
Cynthia Perkov
ORDER QTY
CUSTOMER PHONE#
817-871-7979
I WRITER PHONE#
817 759 8604
SHIP VIA
DESCRIPTION
Quotation
QUOTE DATE QUOTE NUMBER PAGE NO.
07/06/2023 S137009621 3 of 3
CUST PDX
JOB/REL#:
SHIP TO:
CITY OF FORT WORTH
LIGHT & SIGNAL DIVISION
5001 JAMES AVE
FORT WORTH, TX 76115-3801
ORDERED BY OUTSIDE SALESPERSON
Nathan Wheeler 2560
WRITER EMAIL
nathan.wheeler@rexelusa.com
TERMS SHIP DATE FREIGHT ALLOWED
2% 10th. PROX 25th 07/06/2023 No
UNIT PRICE EXT PRICE
2500ea COP THHN8STRBLK2500RL 389.8521M 974.63
TH H N-8-BLK-I9STR-CU-2500S/R
BLACK, WHITE OR GREEN
WIRE IS SAME PRICE
Pn: 69399
UPC: 98010023102
50ea LIT DIRECT ITEM 224.1001EA 11205.00
SMAW T20 US8 GALV
Wood pole arm
Pn: 93226
30ea MAT DIRECT ITEM 360.100/ea 10803.00
MAT DIRECT ITEM
30FT, CLASS 4, CCA TREATED
WOOD UTILITY POLE
Pn: 293892
TIPS 210304 COOPERATIVE AGREEMENT
.. are subject to charge at Any time prior ;c shp7enl unless aq,eed tc otherma,r in :.r'ng :.fined by an authorized Setter
representative Orders related to this quotation must be received, accepted and released by `.el or ,mth,n 413 hours of issuance of" Subtotal 87150.96
quotation and are subject to availability Many of Selleirs manufacturing partners have advised that until further notice they reserve
the right to amend the delivery date, price, scope and quantity of supply andlor other terms and condltlons set out in their offer or
quotation and Seller equally reserves the right to pass through any such changes !,c , its manufacturing partners to the Buye S&H Charges 0.00
Delivery dates are estimated only Seller shall not be liable for failure to meet such ,., resulting from product shortages or
manufacturing delays Be advised that Seiler considers any changes imposed by its manufacturing partners and other vendors Sales Tax O.OQ
ouislde of Seller's reasonable control and therefore subject to Force Majeurs provlslons or slmllar common law doctrines such as
"frustration" or'Imposslbiiily'
SeNer's Standard Terms and Conditions of Safe am incorporated by reference into this quotation. the most current verslon of
Seller's standard Terms and Conditions of Sale Is available at hltos 11www rexotusainc cc Total 87150.96
Full phone support at (688) 739-3577
Printers Rv NWHFFI FR on 8R12023 1,43.56 PM FST
BRAND
ITEM
PRICE SHEET OR LIST
DISCOUNT
FINAL PRICE
Voluta 6/3 alum. Wire
Voluta-2200 reel
1852.66/M
52.10%
888.04/M
Shepherd 6/2 alum.
Wire
Shepherd-3300 reel
1145.78/M
47.50%
601.84/M
Erskine 6/3 alum. Wire
Erskine-1000 reel
1916.55/M
49.50%
967.20/M
Polecrete
BMK03PS
325.00/E
56.60%
140.96/E
Mersen
TRM7
26.29/E
79.54%
5.38/E
Mersen
FEB11-11
63.31/E
63.20%
23.30/E
Mersen
ATM30
49.13/E
76.02%
11.78/E
Intermatic
SK4500K
9.35/E
49.10%
4.76/E
Copper wire
THHN-8 BARE SOL
540.74/M
40.33%
322.64/M
Copper wire
THHN-10 STR
347.75/M
39.90%
209.05/M
Copper wire
THHN-4 STR
1526.89/M
39.89%
917.88/M
Copper wire
THHN-6 STR
997.77/M
39.89%
599.79/M
Copper wire
THHN-8 STR
648.52/M
39.89%
389.85/M
Lithonia
SMAWT20US8GALV
362.76/E
38.22%
224.10/E
Wood poles
30FT class 4
No publised price sheet
360.10/E
Exhibit B - TIPS Contract
TIPS VENDOR AGREEMENT
Between REXEL, LONGVIEW, TX and
(Company Name)
THE INTERLOCAL PURCHASING SYSTEM (TIPS),
a Department of Texas Education Service Center Region 8 for
TIPS RFP 210304 MRO (Maintenance, Repair and Operations of Facilities and Grounds) Supplies,
Equipment, Tool Rental, Sales and Services
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
TIPS Vendor Agreement 06022020_sr Page 1
with the TIPS Member.
Agreements
Agreements for purchase will normally be put into effect by means of a purchase order(s) executed by
authorized agents of the TIPS Member participating government entities, but other means of placing an
order may be used at the Member's discretion.
Tax exempt status
Most TIPS Members are tax exempt and the related laws and/or regulations of the controlling jurisdiction(s)
of the TIPS Member shall apply.
Assignments of Agreements
No assignment of this Agreement may be made without the prior notification of TIPS. Written approval of
TIPS shall not be unreasonably withheld. Payment for delivered goods and services can only be made to the
awarded Vendor, Vendor designated reseller or vendor assigned company.
Disclosures
• Vendor and TIPS affirm that he/she, or any authorized employees or agents, has not given, offered to
give, nor intends to give at any time hereafter any economic opportunity, future employment, gift,
loan, gratuity, special discount, trip, favor or service to a public servant in connection with this
Agreement.
• Vendor shall attach, in writing, a complete description of any and all relationships that might be
considered a conflict of interest in doing business with the TIPS program.
• The Vendor affirms that, to the best of his/her knowledge, the offer has been arrived at
independently, and is submitted without collusion with anyone to obtain information or gain any
favoritism that would in any way limit competition or give an unfair advantage over other vendors in
the award of this Agreement.
Term of Agreement and Renewals
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.
"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.
TIPS Vendor Agreement 06022020_sr Page 2
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.
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
TIPS Vendor Agreement 06022020_sr Page 3
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 agrees to indemnify and hold harmless and defend TIPS, TIPS Member(s), officers and employees
from and against all claims and suits by third parties for damages, injuries to persons (including death),
property damages, losses, and expenses including court costs and reasonable attorney's fees, arising out of,
or resulting from, Vendor's performance under this Agreement, including all such causes of action based
upon common, constitutional, or statutory law, or based in whole or in part, upon allegations of negligent
or intentional acts on the part of the Vendor, its officers, employees, agents, subcontractors, licensees, or
invitees. Parties found liable shall pay their proportionate share of damages as agreed by the parties or as
ordered by a court of competent jurisdiction over the case. NO LIMITATION OF LIABILITY FOR DAMAGES
FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE PERMITTED OR AGREED BY TIPS/ESC REGION 8. Per
Texas Education Code §44.032(f), and pursuant to its requirements only, reasonable Attorney's fees are
recoverable by the prevailing party in any dispute resulting in litigation.
TIPS Vendor Agreement 06022020_sr Page 4
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
the Member Entity or as otherwise agreed by TIPS in writing and signed by an authorized signatory of TIPS.
Licenses
Awarded Vendor shall maintain, in current status, all federal, state and local licenses, bonds and permits
required for the operation of the business conducted by awarded Vendor. Awarded Vendor shall remain
reasonably fully informed of and in compliance with all ordinances and regulations pertaining to the lawful
provision of goods or services under the Agreement. TIPS and TIPS Members reserves the right to stop work
and/or cancel an order orterminate this or any other sales Agreement of any awarded Vendor whose license(s)
TIPS Vendor Agreement 06022020_sr Page 5
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
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,
TIPS Vendor Agreement 06022020_sr Page 6
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
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
TIPS Vendor Agreement 06022020_sr Page 7
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
forjust 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 Memberdesires
goods or services awarded to the Vendor. Notification may occur via phone, the web, courier, email, fax, or
in person. Upon notification of a pending request, the awarded Vendor shall acknowledge the TIPS
Member's request as soon as possible, but must make contact with the TIPS Member within two working
days.
Status of TIPS Members as Related to This Agreement
TIPS Members stand in the place of TIPS as related to this agreement and have the same access to the
proposal information and all related documents. TIPS Members have all the same rights under the awarded
Agreement as TIPS.
Vendor's Resellers as Related to This Agreement
Vendor's Named Resellers ("Resellers") under this Agreement shall comply with all terms and conditions of
TIPS Vendor Agreement 06022020_sr Page 8
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 certifythat 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.odf
You certifythat if the certified statements above become untrue at anytime during the life of this Agreement
that the Vendor will notify TIPS within three (3) business day of the change by a letter on Vendor's letterhead
from and signed by an authorized representative of the Vendor stating the non-compliance decision and the
TIPS Agreement number and description at:
Attention: General Counsel
ESC Region 8/The Interlocal Purchasing System (TIPS)
4845 Highway 271 North
Pittsburg, TX,75686
And by an email sent to bids@tips-usa.com
Insurance Requirements
The undersigned Vendor agrees to maintain the below minimum insurance requirements for TIPS Contract
TIPS Vendor Agreement 06022020_sr Page 9
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 directlyto the Vendor, it is the Vendor's responsibility
to forward a copy of the order to TIPS at the email above within 3 business days and confirm its
receipt with TIPS.
• Vendor Encouraging Members to bypass TIPS agreement: Encouraging TIPS Members to purchase
directly from the Vendor or through another agreement, when the Member has requested using the
TIPS cooperative Agreement or price, and thereby bypassing the TIPS Agreement is a violation of the
terms and conditions of this Agreement and will result in removal of the Vendor from the TIPS
Program.
• Order Confirmation: All TIPS Member Agreement orders are approved daily by TIPS and sent to the
Vendor. The Vendor should confirm receipt of orders to the TIPS Member (customer) within 3
business days.
• Vendor custom website for TIPS: If Vendor is hosting a custom TIPS website, updated pricing when
effective. TIPS shall be notified when prices change in accordance with the award.
• Back Ordered Products: If product is not expected to ship within the time provided to the TIPS
Member by the Vendor, the Member is to be notified within 3 business days and appropriate action
taken based on customer request.
The TIPS Vendor Agreement Signature Page is inserted here.
TIPS Vendor Agreement 06022020_sr Page 10
TIPS Vendor Agreement Signature Form
RFP 210304 MRD (Maintenance, Repair and operations of Facilities and Grounds) Supplies,
Equipment, Tool Rental, Sales and Services
Company Name Rexel USA
Address 807 W Cotton Street
city Longview State TX zip 75604
Phone 903-757-6021 Fax
Email of Authorized Representative michael.crawford a@rexelusa.corn
Name of Authorized Representative Michael Crawford
Title Area Manager
Signature of Authorized Representative
Date April 14, 2021
TIPS Authorized Representative Name David Fitts
Title Executive Director
TIPS Authorized Representative Signature�a�
Approved by ESC Region 8 r�ronor.YYiiy/w�.
Date 5-26-2021 U
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.
1k
210304 Addendum 1
Rexe I USA, I N C
Supplier Response
Event Information
Number: 210304 Addendum 1
Title: MRO (Maintenance, Repair and Operations of Facilities and Grounds)
Supplies, Equipment, Tool Rental, Sales and Services
Type: Request for Proposal
Issue Date: 3/4/2021
Deadline: 4/16/2021 03:00 PM (CT)
Notes: IF YOU HOLD TIPS CONTRACTS 180307 EQUIPMENT AND
TOOL RENTAL AND SALES FOR MRO (MAINTENANCE,
REPAIR AND OPERATIONS OF FACILITIEIS AND GROUNDS OR
180406 MRO SUPPLIES AND EQUIPMENT YOU MUST
RESPOND TO THIS SOLICITATION BECAUSE YOUR SPECIFIC
CONTRACT IS BEING REPLACED BY THIS CONTRACT.
Contact Information
Address: Region 8 Education Service Center
4845 US Highway 271 North
Pittsburg, TX 75686
Phone: +1 (866) 839-8477
Email: bids@tips-usa.com
Page 1 of 25 pages Vendor: Rexel USA, INC 210304 Addendum 1
Rexel USA, INC Information
Contact:
Michael Crawford
Address:
4704 DC Drive
Tyler, TX 75701
Phone:
(346) 269-2180
Email:
michael.crawford@gexpro.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Michael Crawford
Signature
Submitted at 411612021 2:41:44 PM
Supplier Note
michael.crawford@rexelusa.com
Email
Thank you for the opportunity to submit our bid for the TIPS MRO Bid. Please let me know if you have
questions. Best regards, Michael Crawford Area Manager Rexel USA 903.372.8396
Requested Attachments
Vendor Agreement 210304 Vendor Agreement.pdf
The vendor must download the Vendor Agreement from the attachment tab, fill in the requested information and
upload the completed agreement.
DO NOT UPLOAD encrypted or password protected files.
Agreement Signature Form
210304 Vendor Agreement Signature Form.pdf
If you have not taken exception or deviation to the agreement language in the solicitation attributes, download the
AGREEMENT SIGNATURE FORM from the "ATTACHMENTS" tab. This PDF document is a fillable form. Download the
document to your computer, fill in the requested company information, print the file, SIGN the form, SCAN the
completed and signed AGREEMENT SIGNATURE FORM, and upload here.
If you have taken exception to any of the agreement language and noted the exception in the deviations section of the
attributes for the agreement, complete the AGREEMENT SIGNATURE FORM, but DO NOT SIGN until those deviations
have been negotiated and resolved with TIPS management. Upload the unsigned form here, because this is a
required document.
Pricing Form 1
210304 Pricing Form 1.xlsx
The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, fill in the requested
information and upload the completed spreadsheet.
DO NOT UPLOAD encrypted or password protected files.
Pricing Form 2
210304 Pricing Form 2.xlsx
The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, fill in the requested
information and upload the completed spreadsheet.
DO NOT UPLOAD encrypted or password protected files.
Reference Form
Reference Form -Rexel.xls
The vendor must download the References spreadsheet from the attachment tab, fill in the requested information and
upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files.
Page 2 of 25 pages Vendor: Rexel USA, INC 210304 Addendum 1
Proposed Goods and Services Rexel_Offeri ng_202 1. 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 Rexel USA Inc. Warranty Terms Conditions of Sale.pdf
Warranty information (if applicable) must be scanned and uploaded. (PDF Format ONLY)
DO NOT UPLOAD encrypted or password protected files.
Supplementary Rexel about 2021.docx
Supplementary information may be scanned and uploaded. (Company information, brochures, catalogs, etc.) (PDF
Format ONLY)
DO NOT UPLOAD encrypted or password protected files.
All Other Certificates 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.
Logo and Other Company Marks Rexel logo PNG.png
If you desire, please upload your company logo to be added to your individual profile page on the TIPS website. If any
particular specifications are required for use of your company logo, please upload that information under the
Supplementary section or another non -required section under the "Response Attachment" tab. Preferred Logo
Format: 300 x 225 px - .png, .eps, .jpeg preferred
Conflict of Interest Form CIQ- ONLY REQUIRED IF A CONFLICT EXISTS PER THE No response
INSTRUCTIONS
ONLY REQUIRED IF A CONFLICT EXISTS PER THE INSTRUCTIONS
Conflict of Interest Form for Vendors that are required to submit the form. The Conflict of Interest Form is included in
the Base documents or can be found at https://www.tips-usa.com/assets/documents/docs/CIQ.pdf.
Certification of Corporate Offerer Form- CERTIFICATION OF CORPORATE OFFERER FORM 04162021.pdf
COMPLETE ONLY IF OFFERER IS A
CORPORATION
COMPLETE AND UPLOAD FORM IN ATTACHMENTS SECTION ONLY IF OFFERER IS A CORPORATION
Disclosure of Lobbying Activities Standard Form LLL No response
ONLY IF you answered "I HAVE Lobbied per above" to attribute #66, please download and complete and upload the
Standard Form-LLL, "disclosure Form to Report Lobbying," in the Response attachments section.
Confidentiality Claim Form 210304 CONFIDENTIALITY CLAIM FORM (1).pdf
REQUIRED CONFIDENTIALITY FORM. Complete the form according to your company requirements, make any
desired attachments and upload to the appropriate section under "Response Attachments" THIS FORM DETERMINES
HOW ESC8/TIPS RESPONDS TO LEGAL PUBLIC INFORMATION REQUESTS.
Current W-9 Tax Form W9 Rexel USA, Inc.pdf
You are required by TIPS to upload a current W-9 Internal Revenue Service (IRS) Tax Form for your entity. This form
will be utilized by TIPS to properly identify your entity. Additionally, if not designated "Confidential" in your proposal
response, this W-9 may be accessed by TIPS Members for the purpose of making TIPS purchases from you in the
event that you are awarded. If you wish to designate your required W-9 confidential, please do so according to the
terms of the Confidentiality Claim Form which is an attachment to this solicitation.
Page 3 of 25 pages Vendor: Rexel USA, INC 210304 Addendum 1
Bid Attributes
Yes - No
Disadvantaged/Minority/Women Business Enterprise - D/M/WBE (Required by some participating governmental
entities) Vendor certifies that their firm is a D/M/WBE? Vendor must upload proof of certification to the "Response
Attachments" D/M/WBE CERTIFICATES section.
NO
21Yes -No
Historically Underutilized Business - HUB (Required by some participating governmental entities) Vendor certifies
that their firm is a HUB as defined by the State of Texas at https://comptroller.texas.gov/purchasing/vendor/hub/ or in
a HUBZone as defined by the US Small Business Administration at https://www.sba.gov/offices/headquarters/ohp
Proof of one or both may be submitted. Vendor must upload proof of certification to the "Response Attachments"
HUB CERTIFICATES section.
INo
31Yes -No
The Vendor can provide services and/or products to all 50 US States?
IYes
4 1 States Served:
If answer is NO to question #3, please list which states can be served. (Example: AR, OK, TX)
No response
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.)
Rexel / Gexpro is a Full Line Electrical Distributor providing a broad range of innovative products and solutions
including: Lighting fixtures, lamps, ballasts, LED, Motors, Breakers, Conduit, Wire, Fittings, Fuses, Fasteners,
Tools, Safety Supplies, Batteries, Datacom Supplies, Automation & Controls, Lamp & Ballast Recycling as well as
Energy Solutions; Energy Audits, Lighting Retrofits, Solar/PV Installations, HVAC, UV-C Clean Lighting & Air
Purification Solutions.
6 Primary Contact Name
Primary Contact Name
Michael Crawford
7 Primary Contact Title
Primary Contact Title
Area Manager
8 I Primary Contact Email
Primary Contact Email
michael.crawford@rexelusa.com
9 Primary Contact Phone
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
1 90375760211
Page 4 of 25 pages Vendor: Rexel USA, INC 210304 Addendum 1
1 Primary Contact Fax
U Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
No response I
1 Primary Contact Mobile
1 Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
90337283961
1 Secondary Contact Name
2 Secondary Contact Name
Calvin Sims
1 Secondary Contact Title
3 Secondary Contact Title
Account Manager
1 Secondary Contact Email
4 Secondary Contact Email
calvin.sims@rexelusa.com
1 Secondary Contact Phone
5 Enter 10 digit phone number.
Example: 8668398477
90328364051
1 Secondary Contact Fax
6 Enter 10 digit phone number.
Example: 8668398477
No response I
1 Secondary Contact Mobile
7 Enter 10 digit phone number.
Example: 8668398477
No response
(No dashes or extensions)
(No dashes or extensions)
(No dashes or extensions)
1 Admin Fee Contact Name
8 Admin Fee Contact Name. This person is responsible for paying the admin fee to TIPS.
Michael Crawford
1 Admin Fee Contact Email
9 Admin Fee Contact Email
michael.crawford@rexelusa.com
Page 5 of 25 pages Vendor: Rexel USA, INC 210304 Addendum 1
2 Admin Fee Contact Phone
U Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
90337283961
2 Purchase Order Contact Name
Purchase Order Contact Name. This person is responsible for receiving Purchase Orders from TIPS.
Michael Crawford
2 Purchase Order Contact Email
2 Purchase Order Contact Email
michael.crawford@rexelusa.com
2 Purchase Order Contact Phone
3 Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
90337283961
2 Company Website
4 Company Website (Format - www.company.com)
www.rexelusa.com I
2 Federal ID Number
5 Federal ID Number also known as the Employer Identification Number (EIN). Numeric only. (Format: 123456789)
I
2 Primary Address
6 Primary Address
1 807 W Cotton Street
2 Primary Address City
7 Primary Address City
Longview
2 Primary Address State
8 Primary Address State (2 Digit Abbreviation)
Texas
2 Primary Address Zip
9 Primary Address Zip
175604
Page 6 of 25 pages Vendor: Rexel USA, INC 210304 Addendum 1
Search Words:
3
0
3
1
3
2
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.)
Rexel, Gexpro, Electrical, Lighting, fixtures, lamps, ballasts, LED, Motors, Breakers, Conduit, Wire, Fittings, Fuses,
Fasteners, Tools, Safety, Batteries, Datacom, coax, cable, Automation, controls, Energy Solutions, Energy Audits,
Retrofits, Solar, PV, Photovoltaic, UV-C, Clean Lighting, Clean Air, recycle, recycling, GE, ABB, Leviton, Hubbell,
Siemens, Emerson, Sylvania, Eaton, 3M, Panduit, Nvent, Fluke, Ideal, DeWalt, Milwaukee, Greenlee, Klein, Burndy,
Carlon, Thomas & Betts, T&B, Wiremold, Wiegmann, Lutron, Intermatic, Energizer, Werner, CRC, Parker, Dottie,
Keystone, RAB, LED, Light Efficient Design, Philips, C-Lite, Cree, Lithonia, Elite, RemPhos, Juno, Brady,
Marathon, Flir, Legrand, P&S, NSI, Morris, Bussmann, Broan, Lift, Kidde, Delta, Panasonic, Veolia
Do you want TIPS Members to be able to spend Federal grant funds with you if awarded? Is it your
intent to be able to sell to our members regardless of the fund source, whether it be local, state or
federal?
Most of our members receive Federal Government grants and they make up a significant portion of their budgets.
The Members need to know if your company is willing to sell to them when they spend federal budget funds on their
purchase. There are attributes that follow that include provisions from the federal regulations in 2 CFR part 200.
Your answers will determine if your award will be designated as Federal or Education Department General
Administrative Regulations (EDGAR) compliant.
Do you want TIPS Members to be able to spend Federal grant funds with you if awarded and is it your intent to be
able to sell to TIPS Members regardless of the fund source, whether it be local, state or federal?
Yes
Yes - No
Certification of Residency (Required by the State of Texas) The vendor's ultimate parent company or majority
owner:
(A) has its principal place of business in Texas;
lei in
(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?
Dallas
3 Company Residence (State)
4 Vendor's principal place of business is in the state of?
Texas
Page 7 of 25 pages Vendor: Rexel USA, INC 210304 Addendum 1
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.
Must answer with a number between 0% and 100%.
1 5%I
3 Yes - No
6 For the duration of the Contract, Vendor agrees to provide catalog pricing, as defined in the solicitation and below,
to TIPS upon request for any goods and services offered on the Vendor's TIPS Contract.
"Catalog" means the available list of tangible personal property or services, in the most current listing, regardless of
date, during the life of the contract, that takes the form of a catalog, price list, schedule, shelf price or other form
that:
A. is regularly maintained by the manufacturer or Vendor of an item; and
B. is either published or otherwise available for inspection by a customerduring the purchase process;
C. to which the minimum discount proposed by the proposing Vendor maybe applied.
IYes I
3 TIPS Administration Fee
7 By submitting a proposal, I agree that all pricing submitted to TIPS shall include the Administration Fee, as
designated in the solicitation or as otherwise agreed in writing which shall be remitted to TIPS by the Vendor, or the
vendor's named resellers, and as agreed to in the Vendor Agreement. I agree that the fee shall not and will not be
added by the Vendor as a separate line item on a TIPS member invoice, quote, proposal or any other written
communications with the TIPS member.
3 Yes - No
8 Vendor agrees to remit to TIPS the required administration fee or, if resellers are named, Vendor agrees to
guarantee the fee remittance by or for the reseller named by the vendor?
TIPS/ESC Region 8 is required by Texas Government Code § 791 to be compensated for its work and thus, failure
to agree shall render your response void and it will not be considered.
Agreed
3 Yes - No
9 Do you offer additional discounts to TIPS members for large order quantities or large scope of work?
Yes
Page 8 of 25 pages Vendor: Rexel USA, INC 210304 Addendum 1
4 Years experience in category of goods or services
U Company years experience in this category of goods or services? This is an evaluation criterion worth a maximum
of 10 points. See RFP for more information.
1 641
4 Resellers:
Does the vendor have resellers that it will name under this contract? Resellers are defined as other companies that
sell your products under an agreement with you, the awarded vendor of TIPS.
EXAMPLE: BIGmart is a reseller of ACME brand televisions. If ACME were a TIPS awarded vendor, then ACME
would list BIGmart as a reseller.
(If applicable, Vendor should add all Authorized Resellers within the TIPS Vendor Portal upon award).
INo I
4 Pricing discount percentage are guaranteed for?
2 Does the vendor agrees to honor the proposed pricing discount percentage off regular catalog (as defined in the
RFP document), website, store or shelf pricing for the term of the award?
YES 1
4 Right of Refusal
3 Does the proposing vendor wish to reserve the right not to perform under the awarded agreement with a TIPS
member at vendor's discretion?
Yes
4
4
NON -COLLUSIVE BIDDING CERTIFICATE
By submission of this bid or proposal, the Bidder certifies that:
1) This bid or proposal has been independently arrived at without collusion with any other Bidder or with any
Competitor;
2) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of
bids, or proposals for this project, to any other Bidder, Competitor or potential competitor:
3) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to
submit a bid or proposal;
4) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the
statements contained in this certification, and under the penalties being applicable to the Bidder as well as to the
person signing in its behalf.
Not a negotiable term. Failure to agree will render your proposal non -responsive and it will not be considered.
Page 9 of 25 pages Vendor: Rexel USA, INC 210304 Addendum 1
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
INo
4 Filing of Form CIQ
6 If yes (above), have you filed a form CIQ by uploading the form to this RFP as directed above?
No response I
4 Regulatory Standing
7 1 certify to TIPS for the proposal attached that my company is in good standing with all governmental agencies
Federal or state that regulate any part of our business operations. If not, please explain in the next attribute
question.
Yes
4 Regulatory Standing
8 Regulatory Standing explanation of no answer on previous question.
No response
4 Antitrust Certification Statements (Tex. Government Code § 2155.005)
9 By submission of this bid or proposal, the Bidder certifies that:
I affirm under penalty of perjury of the laws of the State of Texas that:
(1) 1 am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm,
partnership or individual (Company) listed below;
(2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the
Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;
(3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust
law;
(4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of
this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged
in the same line of business as the Company.
Page 10 of 25 pages Vendor: Rexel USA, INC 210304 Addendum 1
5
0
Suspension or Debarment Instructions
Instructions for Certification:
1. By answering yes to the next Attribute question below, the vendor and prospective lower tier participant is
providing the certification set out herein in accordance with these instructions.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered
an erroneous certification in addition to other remedies available to the federal government, the department or
agency with which this transaction originated may pursue available remedies, including suspension and / or
debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal
is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
"participants," "person," "primary covered transaction," "principal," "proposal" and "voluntarily excluded," as used in
this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive
Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of
those regulations.
5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transaction" without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency
by which it determines the eligibility of its principals. Each participant may, but is not required to, check the
Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business
dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible or voluntarily excluded from participation in this transaction, in addition to other remedies available to the
federal government, the department or agency with which this transaction originated may pursue available
remedies, including suspension and / or debarment.
Page 11 of 25 pages Vendor: Rexel USA, INC 210304 Addendum 1
5
1
5
2
Suspension or Debarment Certification
By answering yes, you certify that no federal suspension or debarment is in place, which would preclude receiving a
federally funded contract as described above.
Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must
not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986
Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
By answering yes, you certify that no federal suspension or debarment is in place, which would preclude receiving a
federally funded contract as described above.
Yes
Non -Discrimination Statement and Certification
In accordance with Federal civil rights law, all U.S. Departments, including the U.S. Department of Agriculture
(USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions
participating in or administering USDA programs are prohibited from discriminating based on race, color, national
origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status,
family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for
prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all
programs). Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille,
large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET
Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.
Additionally, program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027,
found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed
to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint
form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of
Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C.
20250-9410; (2) fax: (202) 690-7442; or (3)
email: program.intake@usda.gov.
(Title VI of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age
Discrimination Act of 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS
Instruction 113-1, Civil Rights Compliance and Enforcement— Nutrition Programs and Activities)
All U.S. Departments, including the USDA are equal opportunity provider, employer, and lender.
Not a negotiable term. Failure to agree by answering YES will render your proposal non -responsive and it will not be
considered. I certify that in the performance of a contract with TIPS or its members, that our company will conform to
the foregoing anti -discrimination statement and comply with the cited and all other applicable laws and regulations.
Yes
Page 12 of 25 pages Vendor: Rexel USA, INC 210304 Addendum 1
5 2 CFR PART 200 Contract Provisions Explanation
3 Required Federal contract provisions of Federal Regulations for Contracts for contracts with ESC Region 8 and
TIPS Members:
The following provisions are required to be in place and agreed if the procurement is funded in any part with federal
funds.
The ESC Region 8 and TIPS Members are the subgrantee or Subrecipient by definition. Most of the provisions are
located in 2 CFR PART 200 - Appendix II to Part 200—Contract Provisions for Non -Federal Entity Contracts Under
Federal Awards at 2 CFR PART 200. Others are included within 2 CFR part 200 et al.
In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the non -
Federal entity under the Federal award must contain provisions covering the following, as applicable.
5 2 CFR PART 200 Contracts
4 Contracts for more than the simplified acquisition threshold currently set at $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
Page 13 of 25 pages Vendor: Rexel USA, INC 210304 Addendum 1
2 CFR PART 200 Clean Air Act
5
6
5
7
5
8
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 I
2 CFR PART 200 Byrd Anti -Lobbying Amendment
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
2 CFR PART 200 Federal Rule
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
Page 14 of 25 pages Vendor: Rexel USA, INC 210304 Addendum 1
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 I
6 2 CFR PART 200 Rights to Inventions
0 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 I
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 I
Page 15 of 25 pages Vendor: Rexel USA, INC 210304 Addendum 1
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 1
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.
Page 16 of 25 pages Vendor: Rexel USA, INC 210304 Addendum 1
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
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 I
Page 17 of 25 pages Vendor: Rexel USA, INC 210304 Addendum 1
Indemnification
6
7
6
8
The ESC Region 8 and TIPS is a Texas Political Subdivision and a local governmental entity; therefore, is prohibited
from
indemnifying third parties pursuant to the Texas Constitution (Article 3, Section 52) except as specifically provided
by law or as
ordered by a court of competent jurisdiction. A provision in a contract to indemnify or hold a party harmless is a
promise to pay for
any expenses the indemnified party incurs, if a specified event occurs, such as breaching the terms of the contract
or negligently
performing duties under the contract. Article III, Section 49 of the Texas Constitution states that "no debt shall be
created by or on
behalf of the State ... " The Attorney General has counseled that a contractually imposed obligation of indemnity
creates a "debt" in
the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Contract clauses which require the System or
institutions to
indemnify must be deleted or qualified with "to the extent permitted by the Constitution and Laws of the State of
Texas." Liquidated
damages, attorney's fees, waiver of vendor's liability, and waiver of statutes of limitations clauses should also be
deleted or qualified
with "to the extent permitted by the Constitution and laws of State of Texas."
Not a negotiable term. Failure to agree will render your proposal non -responsive and it will not be considered. Do
you agree
to these terms?
Yes
Remedies
The parties shall be entitled to exercise any right or remedy available to it either at law or in equity, subject to the
choice of law, venue
and service of process clauses limitations agreed herein. Nothing in this agreement shall commit the TIPS to an
arbitration resolution
of any disagreement under any circumstances. Any Claim arising out of or related to the Contract, except for those
specifically waived
under the terms of the Contract, may, after denial of the Board of Directors, be subject to mediation at the request
of either party. Any
issues not resolved hereunder MAY be referred to non -binding mediation to be conducted by a mutually agreed
upon mediator as a
prerequisite to the filing of any lawsuit over such issue(s). The parties shall share the mediator's fee and any
associated filing fee
equally. Mediation shall be held in Camp or Titus County, Texas. Agreements reached in mediation shall be reduced
to writing, and
will be subject to the approval by the District's Board of Directors, signed by the Parties if approved by the Board of
Directors, and, if
signed, shall thereafter be enforceable as provided by the laws of the State of Texas.
Do you agree to these terms?
Yes, I Agree
6 Remedies Explanation of No Answer
9 No response
Page 18 of 25 pages Vendor: Rexel USA, INC 210304 Addendum 1
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?
Agreed I
7 Venue, Jurisdiction and Service of Process
Any proceeding, involving Region 8 ESC or TIPS, arising out of or relating to this procurement process or any
contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent
jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said
court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of
forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court,
and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract
resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may
file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for
agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in
any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world.
Any dispute resolution process other than litigation shall have venue in Camp County or Titus County Texas.
Do you agree to these terms?
Agreed
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 I
7 Infringement(s) Explanation of No Answer
3 1 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.
Yes
Page 19 of 25 pages Vendor: Rexel USA, INC 210304 Addendum 1
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?
Yes I
7 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.
Finaerorint
It is possible that a vendor may be subject to Chapter 22 of the Texas Education Code. The Texas Education Code,
Chapter 22, Section 22.0834. Statutory language may be found at: http://www.statutes.legis.state.tx.us/
If the vendor has staff that meet both of these criterion:
(1) will have continuing duties related to the contracted services; and
(2) has or will have direct contact with students
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 20 of 25 pages Vendor: Rexel USA, INC 210304 Addendum 1
Texas Education Code Chapter 22 Contractor Certification for Contractor Employees
7
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 21 of 25 pages Vendor: Rexel USA, INC 210304 Addendum 1
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 Verification Form
9 Texas Government Code 2270 Verification Form
If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this
Agreement has a value of $100,000 or more, the following certification shall apply; otherwise, this certification is not
required. Pursuant to Chapter 2270 of the Texas Government Code, the Vendor hereby certifies and verifies that
neither the Vendor, nor any affiliate, subsidiary, or parent company of the Vendor, if any (the "Vendor Companies"),
boycotts Israel, and the Vendor agrees that the Vendor and Vendor Companies will not boycott Israel during the
term of this Agreement. For purposes of this Agreement, the term "boycott" shall mean and include refusing to deal
with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic
harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an Israeli -
controlled territory, but does not include an action made for ordinary business purposes.
Our entity further certifies that it is is not listed on and we do not do business with companies that are on the Texas
Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153
found at https://comptroller.texas.gov/purchasing/docs/foreign-terrorist.pdf
I swear and affirm that the above is true and correct.
IYES
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 22 of 25 pages Vendor: Rexel USA, INC 210304 Addendum 1
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 I
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 1
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.
A. Firm is a publicly held corporation. I
Page 23 of 25 pages Vendor: Rexel USA, INC 210304 Addendum 1
8
6
If you answered C. My Firm is owned or operated by a felon to the previous question, you are
REQUIRED TO ANSWER THE FOLLOWING QUESTIONS.
If you answered C. My Firm is owned or operated by a felon to the previous question, you must provide the following
information.
1. Name of Felon(s)
2. The named person's role in the firm, and
3. Details of Conviction(s).
No response
8 Long Term Cost Evaluation Criterion # 4.
7 READ CAREFULLY and see in the RFP document under "Proposal Scoring and Evaluation".
Points will be assigned to this criterion based on your answer to this Attribute. Points are awarded if you agree not
increase your catalog prices (as defined herein) more than X% annually over the previous year for the life of the
contract, unless an exigent circumstance exists in the marketplace and the excess price increase which exceeds X%
annually is supported by documentation provided by you and your suppliers and shared with TIPS, if requested. If
you agree NOT to increase prices more than 5%, except when justified by supporting documentation, you are
awarded 10 points; if 6% to 14%, except when justified by supporting documentation, you receive 1 to 9 points
incrementally. Price increases 14% or greater, except when justified by supporting documentation, receive 0 points.
increases will be 5% or less annually per question I
8 Required Confidentiality Claim Form
8 Required Confidentiality Claim Form
This completed form is required by TIPS. By submitting a response to this solicitation you agree to download from
the "Attachments" section, complete according to the instructions on the form, then uploading the completed form,
with any confidential attachments, if applicable, to the "Response Attachments" section titled "Confidentiality Form"
in order to provide to TIPS the completed form titled, "CONFIDENTIALITY CLAIM FORM". By completing this
process, you provide us with the information we require to comply with the open record laws of the State of Texas as
they may apply to your proposal submission. If you do not provide the form with your proposal, an award will not be
made if your proposal is qualified for an award, until TIPS has an accurate, completed form from you.
Read the form carefully before completing and if you have any questions, email Rick Powell at TIPS at
rick. Dowel l()tios-usa.com
8 Choice of Law clauses with TIPS Members
9 If the vendor is awarded a contract with TIPS under this solicitation, the vendor agrees to make any Choice of Law
clauses in any contract or agreement entered into between the awarded vendor and with a TIPS member entity to
read as follows: "Choice of law shall be the laws of the state where the customer resides" or words to that effect.
Agreed 1
9 Venue of dispute resolution with a TIPS Member
U In the event of litigation or use of any dispute resolution model when resolving disputes with a TIPS member entity
as a result of a transaction between the vendor and TIPS or the TIPS member entity, the Venue for any litigation or
other agreed upon model shall be in the state and county where the customer resides unless otherwise agreed by
the parties at the time the dispute resolution model is decided by the parties.
Agreed I
Page 24 of 25 pages Vendor: Rexel USA, INC 210304 Addendum 1
Automatic renewal of contracts or agreements with TIPS or a TIPS member entity
9
1
9
2
9
3
9
4
9
5
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.
l Ag reed
Indemnity Limitation with TIPS Members
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, ".
Aareement is a reauired condition to award of a contract resultina from this Solicitation.
Agreed
Arbitration Clauses
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?
J Ag reed
Required Vendor Sales Reporting
By responding to this Solicitation, you agree to report to TIPS all sales made under any awarded Agreement with
TIPS. Vendor is required to report all sales under the TIPS contract to TIPS. If the TIPS Member entity requesting a
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 accountinan-tios-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.
Upload of Current W-9 Required
Please note that you are required by TIPS to upload a current W-9 Internal Revenue Service (IRS) Tax Form for
your entity. This form will be utilized by TIPS to properly identify your entity. Additionally, if not designated
"Confidential" in your proposal response, this W-9 may be accessed by TIPS Members for the purpose of making
TIPS purchases from you in the event that you are awarded. If you wish to designate your required W-9
confidential, please do so according to the terms of the Confidentiality Claim Form which is an attachment to this
solicitation.
Page 25 of 25 pages Vendor: Rexel USA, INC 210304 Addendum 1
REFERENCES
Please provide three (3) references, preferably from school districts or other governmental entities who have used your sere
the last three years. Additional references may be required. DO NOT INCLUDE TIPS EMPLOYEES AS A REFERENCE.
You may provide more than three (3) references.
Entity Name
Contact Person
VALID EMAIL IS REQUIRED
Phone
Longview ISD
Cynthia Gates
cgates@lisd.org
(903) 381-2200
Gregg County Airport
Juan Rojas
juan.roias@co.gregg.tx.us
(903) 431-0091
Region 7 ESC
Martha Lakey
mlakev@esc7.net
(903)988-6859
JIL&gFP # 210304
Required Confidential Information Status Form
REXEL USA
Name of company
MICHAEL CRAWFORD / AREA MANAGER
Printed Name and Title of authorized company officer declaring below the confidential status of material
807 W COTTON STREET
Address
LONGVIEW TX 75604 903.757.6021
City State ZIP Phone
ALL VENDORS MUST COMPLETE THE ABOVE SECTION
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 couv 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 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.
Digitally signed by MICHAEL CRAWFORD
MICHAEL CRAWFORD CCRAWFORDQREXELUUSSA.COMC=US0=REXELUSA Date 04/16/2021
Signature
Date: 2021-1612:27:31-06'00'
Confidentiality Claim Form rev 1001202ORP
Seller's Terms & Conditions of Sale ("Terms & Conditions")
1. ACCEPTANCE: Acceptance of any order is subject to credit approval by Seller, acceptance of the order by Seller and, when applicable, Seller's vendor (i.e. manufacturers, vendors,
or other third parties that provide goods to Seller for resale to Buyer ("Vendors')). If Seller, in its sole discretion, determines that Buyers ability to pay or credit becomes unsatisfactory or it
has reasonable grounds for insecurity, Seller reserves the right, upon notice to Buyer, to demand adequate assurance of due performance from Buyer and/or terminate this agreement with
no liability to Seller. BY REQUESTING A QUOTE FROM SELLER OR PRESENTING AN ORDER TO SELLER, BUYER CONFIRMS THAT THESE TERMS & CONDITIONS SHALL
GOVERN ALL PURCHASES OF GOODS, MATERIALS AND/OR SERVICES PROVIDED TO BUYER BY SELLER (COLLECTIVELY "GOODS") BY BUYER FROM SELLER. SELLER
OBJECTS TO AND REJECTS ANY CHANGES OR ADDITIONAL OR DIFFERENT TERMS (CONTAINED IN A PURCHASE ORDER ACCEPTED BY SELLER, OR OTHERWISE) AND
NO SUCH TERMS WILL CHANGE THESE TERMS & CONDITIONS UNLESS ACKNOWLEDGED IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF SELLER.
NO SELLER EMPLOYEE OR AGENT HAS THE AUTHORITY TO MODIFY THESE TERMS & CONDITIONS VERBALLY. SELLER OBJECTS TO AND REJECTS ANY TERMS BETWEEN
BUYER AND ANY OTHER PARTY, AND NO SUCH TERMS, INCLUDING BUT NOT LIMITED TO ANY GOVERNMENT REGULATIONS OR "FLOWDOWN" TERMS, SHALL BE A PART
OF OR INCORPORATED INTO ANY ORDER FROM BUYER TO SELLER, UNLESS AGREED TO IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF SELLER.
2. PRICES AND TAXES: Buyer agrees to pay the prices quoted by Seller and is responsible for additional applicable shipping and handling charges, taxes and duties. Seller shall collect
applicable taxes unless Buyer at the time of order submits a valid and complete tax exemption, reseller's permit, or resale certificate. Buyer agrees to indemnify the Seller for any tax,
penalty and interest incurred as a result of Seller's good faith acceptance of a tax exemption, reseller's permit, or resale certificate that is later found to be incomplete or invalid. Prices on
special -order Goods may be subject to change before shipment; Seller shall notify Buyer of any change, and Buyer may at its discretion cancel the special -order Goods if the revised prices
are unacceptable, without charge other than applicable Vendor related charges. Any increase in Seller's costs associated with the imposition of new tariffs after the date of quotation may
be passed through to Buyer.
3. PAYMENT AND SET OFF: Payment terms are 30 days net from the invoice date or upon such other terms approved by Seller in writing. Retainage shall not apply, and Buyer shall
not hold back any retainage from Seller, even if retainage is part of any contract between Buyer and any other party. Payment is not contingent on Buyer's ability to collect or obtain funds
from any other party. Credit card sales are billed at the time of purchase. Buyer expressly represents it is solvent at the time it places any order with Seller. Seller, in its sole discretion,
may determine that Buyer's financial condition requires full or partial payment prior to manufacture or shipment. Seller may obtain and use your credit history for credit evaluation purposes.
Seller may apply payments to any outstanding invoices unless Buyer provides specific payment direction. Seller may at all times set off any amount that Buyer, or any affiliate of Buyer,
owes to Seller against any amount that Seller, or any Seller affiliate, owes to Buyer.
4. REMEDIES FOR NON-PAYMENT: If Buyer fails to make any payment when due, Seller reserves the right to suspend performance. Buyer agrees to pay a charge on all amounts
past due at the rate of 1 ''/2% per month (18% per year) or the maximum lawful rate, whichever is less. In the event of non-payment, Buyer agrees to pay Seller's reasonable attorney fees
and court costs, if any, incurred by Seller to collect payment, and all applicable interest charges. Buyer acknowledges that transactions to which these terms relate are commercial
transactions. To the extent not contrary to applicable law, Buyer (i) waives any available homestead exemption, (ii) irrevocably authorizes Seller to appoint a representative to appear in a
court of competent jurisdiction to confess a judgment without process in Buyer's favor for such amount that remain unpaid, and (III) consent to immediate execution upon any such judgment.
Buyer voluntarily and knowingly waives its right to notice, demand, presentment, protest and any hearing to which it may be entitled under any state or federal law relating to any right or
remedy (including prejudgment remedies) that Seller may elect to use or of which it may avail itself.
IMPORTANT NOTICE: A CONFESSION OF JUDGMENT PROVISION AND OTHER WAIVERS CONTAINED HEREIN CONSTITUTES A WAIVER OF IMPORTANT RIGHTS YOU MAY
HAVE. IF YOU DO NOT PAY ON TIME, THESE WAIVERS ALLOW SELLER TO OBTAIN A JUDGMENT AGAINST YOU WITHOUT FURTHER NOTICE OR YOUR PRIOR KNOWLEDGE.
YOU ARE GIVING UP YOUR RIGHT TO NOTICE AND TRIAL. SELLER MAY OBTAIN JUDICIAL REMEDIES TO COLLECT AMOUNTS DUE REGARDLESS OF ANY CLAIMS YOU MAY
HAVE (INCLUDING WITHOUT LIMITATION, CLAIMS FOR RETURNED OR FAULTY GOODS, FAILURE BY SELLER TO COMPLY WITH THIS AGREEMENT, OR ANY OTHER CAUSE).
5. TITLE AND RISK OF LOSS OR DAMAGE: As to Goods delivered by Seller's truck, title passes upon delivery at the place Buyer receives possession; and, thereafter, all risk of loss
or damage shall be on Buyer. All other sales are F.O.B., point of shipment, and Buyer takes title and assumes responsibility for risk of loss or damage at the point of shipment for such
sales. Claims for Goods damaged in transit are Buyer's sole responsibility when not delivered by Seller's truck.
6. QUOTATIONS: All quotations expire thirty (30) days from the date of the quotation unless otherwise noted on the quotation. This time limit applies even if Buyer uses the quotation to
submit a job or project bid to any other party.
7. ASSIGNMENT: An order shall not be assigned by Buyer without the express written consent of Seller. Consent will not be required, however, for internal transfers and assignments
as between either party and its affiliates, and nothing herein shall limit either party's right to factor or sell receivables.
8. RETURN OF PRODUCTS AND ORDER CANCELLATION: Seller shall accept returns of normal stock Goods for a period of ninety (90) days following shipment for exchange or refund
of the purchase price; provided, that Goods must be in their original cartons, unopened and unused. Stock returns that are used, opened, and/or not in their original packaging may be
subject to a minimum 15% restocking fee or the return may be refused based on the condition of the returned material. Non -stock returns will generally be disallowed except for situations
where a returns material authorization or appropriate credit has been provided by the Vendor. Applicable sales tax will be refunded where allowed by applicable law or statute.
9. TERMINATION: Either parry may terminate the whole or any part of the other party's performance under any order if (a) there is a material breach of these Terms & Conditions of
Sale and the breaching parry does not cure such failure within ten (10) days of written notice by the non -breaching party; provided, that the non -breaching party may require the breaching
party to continue its performance to the extent not terminated; (b) the other party ceases to conduct operations in the normal course of business, (c) any proceeding under any bankruptcy
or insolvency laws is brought by or against the other party, (d) a receiver is appointed or applied for by the other party, or (e) an assignment for the benefit of creditors is made by the other
party.
10. INTERPRETATION RESPONSIBILITY: PRODUCT USE AND SAFETY: Seller does not guarantee that the Goods it sells conform to any plans and specifications or intended use.
When plans and specifications are involved, Buyer is solely responsible for verifying Seller's interpretations of such plans and specifications, and it is Buyer's sole responsibility to assure
that Seller's Goods will be accepted on any specific job. When Seller offers substitute Goods on any proposal, Buyer is solely responsible for confirming their acceptability. BEFORE
BUYER USES OR INSTALLS ELECTRICAL PRODUCTS, IT IS BUYER'S RESPONSIBILITY TO CONSULT THE NATIONAL ELECTRIC CODE AND ANY PERTINENT LOCAL, STATE
OR NATIONAL CODES, RULES OR REGULATIONS FOR APPROVED INSTALLATION PROCEDURES AND PRECAUTIONS. NOTHING SELLER SELLS IS FOR USE IN
CONNECTION WITH "SAFETY -RELATED" APPLICATIONS OF A NUCLEAR FACILITY OR ANY HAZARDOUS ACTIVITY WHERE FAILURE OF A SINGLE COMPONENT COULD
CAUSE SUBSTANTIAL HARM TO PERSONS OR PROPERTY.
11. DELIVERY: Seller is a distributor and not a manufacturer and factory shipping dates given in advance of actual shipment are approximate and not guaranteed.
12. EXCUSABLE DELAYS: Seller shall have no liability if its performance is delayed or prevented by causes beyond its reasonable control, including, without limitation, acts of nature,
labor disputes, government priorities, transportation delays, insolvency or other inability to perform by Seller's Vendor, or any other commercial impracticability. In the event of any such
delay, the date of delivery or performance shall be extended for a period equal to the time lost by reason of delay. Should shipments be held or stored beyond the delivery date for
convenience of Buyer, Seller may, at its option, assess reasonable charges for any expense incident to such delay.
Rexel USA Inc. Terms Conditions of Sale (Rev. 03-01-2021) Page 1 of 2
Seller's Terms & Conditions of Sale ("Terms & Conditions")
13. CLAIMS: Claims for any nonconforming Goods must be made by Buyer, in writing, within ten (10) days of Buyer's receipt of such Goods and must state with particularity all material
facts concerning the claim then known to Buyer. Failure by Buyer to give notice within such ten (10) day period shall constitute an unqualified acceptance of such Goods by Buyer, and a
waiver of any right to reject or revoke acceptance of such Goods.
14. WARRANTIES:
(a) SELLER'S WARRANTIES: Seller warrants that all Goods sold are new unless otherwise designated and, upon payment in full by Buyer of the Goods, free and clear of any
security interests or liens. Buyer's exclusive remedy for breach of such warranties shall be replacement with a new product (if applicable) or termination of any security interests
or liens. Seller is a distributor and not a manufacturer and makes no independent warranties other than those set forth herein.
(b) VENDOR'S WARRANTIES: Seller shall also assign to Buyer any Vendor warranties and/or remedies provided to Seller by its Vendor.
(c) INTELLECTUAL PROPERTY INFRINGEMENT: SELLER DISCLAIMS ANY AND ALL WARRANTIES AND/OR INDEMNIFICATIONS AGAINST INFRINGEMENT OF ANY
INTELLECTUAL PROPERTY RIGHTS OF ANY NATURE. SELLER SHALL, IF GIVEN PROMPT NOTICE BY BUYER OF ANY CLAIM OF INTELLECTUAL PROPERTY
INFRINGEMENT WITH RESPECT TO ANY GOODS SOLD HEREUNDER, REQUEST THE MANUFACTURER TO GRANT FOR THE BUYER SUCH WARRANTY OR
INDEMNITY RIGHTS AS THE MANUFACTURER MAY CUSTOMARILY GIVE WITH RESPECT TO SUCH GOODS.
(d) LIMITATIONS: THERE ARE NO OTHER WARRANTIES WRITTEN OR ORAL, EXPRESS, IMPLIED OR BY STATUTE. NO IMPLIED STATUTORY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLIES. NO REPAIR OF GOODS OR OTHER COSTS ARE ASSUMED BY SELLER UNLESS
AGREED TO, IN ADVANCE, IN WRITING. UNLESS AGREED TO IN ADVANCE IN WRITING, WARRANTIES ARE ONLY VALID IN THE UNITED STATES OF AMERICA
AND ITS TERRITORIES. REPAIR OR REPLACEMENT SHALL BE AT THE ORIGINAL PLACE OF DELIVERY.
15. LIMITATIONS OF LIABILITY: UNLESS APPLICABLE LAW OTHERWISE REQUIRES, SELLER'S AND ANY VENDOR'S TOTAL LIABILITY TO BUYER, BUYER'S CUSTOMERS OR
TO ANY OTHER PERSON, RELATING TO ANY PURCHASES GOVERNED BY THESE TERMS & CONDITIONS, FROM THE USE OF THE GOODS FURNISHED OR FROM ANY
ADVICE, INFORMATION OR ASSISTANCE PROVIDED BY SELLER (BY ANY METHOD, INCLUDING A WEB SITE), IS LIMITED TO THE PRICE OF THE GOODS GIVING RISE TO
THE CLAIM. NEITHER SELLER NOR ITS VENDORS SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INCIDENTAL, DIRECT, CONSEQUENTIAL OR PENAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO BACKCHARGES, LABOR COSTS, COSTS OF REMOVAL, REPLACEMENT, TESTING OR INSTALLATION, LOSS OF EFFICIENCY,
LOSS OF PROFITS OR REVENUES, LOSS OF USE OF THE GOODS OR ANY ASSOCIATED GOODS, DAMAGE TO ASSOCIATED GOODS, LATENESS OR DELAYS IN DELIVERY,
UNAVAILABILITY OF GOODS, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES OR SERVICES, DOWNTIME, OR CLAIMS FROM BUYER'S CUSTOMERS OR
OTHER PARTIES). IF SELLER FURNISHES BUYER WITH ADVICE OR OTHER ASSISTANCE WHICH CONCERNS ANY GOODS SUPPLIED HEREUNDER, OR ANY SYSTEM OR
EQUIPMENT IN WHICH ANY SUCH GOODS MAY BE INSTALLED, AND WHICH IS NOT REQUIRED PURSUANT TO THESE TERMS & CONDITIONS, THE FURNISHING OF SUCH
ADVICE OR ASSISTANCE WILL NOT SUBJECT SELLER TO ANY LIABILITY, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER
GROUNDS.
16. MISCELLANEOUS
(a) EXPORTS: If Goods are sold for export, Seller's Standard Terms & Condition for Export Sales apply. Acceptance of export orders is not valid unless confirmed in writing by
Seller. Buyer, NOT Seller, is responsible for compliance with all United States export control rules and regulations. Buyer shall not name Seller as shipper or exporter of record
in connection with the export of any Goods purchased from Seller.
(b) ANTI -MONEY LAUNDERING RESTRICTIONS: Seller rejects questionable orders and payments: Except for pre -approved credit arrangements, Seller rejects third -party
payments, cashiers' checks, money orders and bank drafts. Seller accepts only checks imprinted with Buyer's name; wire transfers originated in Buyers account; letters of
credit with Buyer as account party; and credit or debit cards in Buyer's name. All payments must be by single instrument in the amount of the invoice, less credits, from banks
acceptable to Seller.
(c) GOVERNING LAW: These Terms & Conditions and all disputes related to it shall be governed by the laws of the State of New York, United States of America, without giving
effect to its conflict of law rules.
(d) BUYER PARTIES: For the purposes of these Terms & Conditions, the term "Buyer" shall mean the Buyer party set forth on the quotation or other sales agreement to which
these Terms & Conditions are attached or in which they are incorporated by reference.
(e) SELLER PARTIES: For the purposes of these Terms & Conditions, the term "Seller" shall mean the Seller party set forth on the quotation or other sales agreement to which
these Terms & Conditions are attached or in which they are incorporated by reference which may include Rexel USA Inc. or any of its subsidiaries, affiliates, business units or
divisions including but not limited to (i) Rexel Automation Solutions, (ii) Rexel Commercial and Industrial, (III) Gexpro, (iv) Platt Electric Supply, (v) Rexel Energy Solutions, (vi)
Capitol Light, (vii) Parts Super Center, (viii) Brohl & Appell, (ix) New Haven Supply, and (x) Utility Supply Group.
Rexel USA Inc. Terms Conditions of Sale (Rev. 03-01-2021) Page 2 of 2
Exhibit C - Conflict of Interest Questionnaire
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
FORM CIQ
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.
jJ Name of vendor who has a business relationship with local governmental entity.
None
J
❑ 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.)
J Name of local government officer about whom the information is being disclosed.
None
Name of Officer
J 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 F-1 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?
71 Yes F1 No
J 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.
J
❑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).
J Nai hail Whedel-
Nathan Wheeler (Nov 15, 202314:25 CST)
Nov 15, 2023
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
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
11/7/23, 3:37 PM M&C Review
CITY COUNCIL AGENDA
Create New From This M&C
DATE: 10/31/2023 REFERENCE **M&C 23- LOG NAME:
NO.: 0932
CODE: P TYPE: CONSENT PUBLIC
HEARING:
Official site of the City of Fort Worth, Texas
FORTWORTIl
13PCOOP TIPS 210304
STREET LIGHT POLE
ACCESSORIES KQ TPW
NO
SUBJECT: (ALL) Authorize Execution of an Agreement with Rexel USA, Inc. Using The Interlocal
Purchasing System Contract Number 210304 in an Annual Amount Up to $532,000.00 for
the Initial Term and Authorize One, One -Year Renewal Option for Up to $665,000.00 for
the Purchase of Street Light Pole Accessories for the Transportation and Public Works
Department
RECOMMENDATION:
It is recommended that the City Council authorize execution of an agreement with Rexel USA, Inc.
using The Interlocal Purchasing System Cooperative Contract Number 210304 in an annual amount
up to $532,000.00 for the initial term and authorize one, one-year renewal option for up to
$665,000.00 for the purchase of street light pole accessories for the Transportation and Public Works
Department.
DISCUSSION:
The Transportation and Public Works Department (TPW) approached the Purchasing Division to
finalize an annual agreement with Rexel USA Inc. under The Interlocal Purchasing System (TIPS)
Contract Number 210304 for light pole accessories, such as electrical cable and fuse holders, on an
as -needed basis.
Approval of this Mayor & Council Communication authorizes the City to spend up to $532,000.00 for
the initial term and up to $665,000.00 for the renewal option. Actual usage in any term can be up to
the authorized amount and will be dependent upon actual appropriations for this purpose in the
department's budgets. The annual department allocation for this agreement is:
Funding is budgeted in the Street Signal Materials and Street Light Materials accounts within the
General Fund for the TPW Signals and TPW Street Lights Departments.
State law provides that a local government purchasing an item under a Cooperative Purchasing
Agreement satisfies state laws requiring that the local government seek competitive bids for the
purchase of the item. TIPS 210304 has been competitively bid to increase and simplify the purchasing
power of government entities. TIPS has a term through July 31, 2024, with one option to renew for an
additional one-year term. The Request for Proposal was published on June 3, 2021, and responses
were opened on April 16, 2021. TIPS contracts offer fixed discounts. Staff reviewed the pricing and
determined it to be fair and reasonable.
ADMINISTRATIVE CHANGE ORDERS - 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.
AGREEMENT TERMS - The City's initial term will begin on the date of execution and expire on July
31, 2024.
RENEWAL OPTIONS — The Agreement may be renewed for one, one-year renewal option.
A M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or public
entity.
This project will serve ALL COUNCIL DISTRICTS.
apps.cfwnet.org/council_packet/mc_review.asp?I D=31558&counciIdate=10/31 /2023 1 /2
11/7/23, 3:37 PM
M&C Review
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendation, funds are available in the
current operating budget, as appropriated, in the General Fund. Prior to an expenditure being
incurred, the Transportation and Public Works Department has the responsibility to validate the
availability of funds.
BQN\\
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund I Department Account Project Program Activity Budget Reference # Amount
ID ID I Year (Chartfield 2)
Submitted for Citv Manager's Office by:
Reginald Zeno (8517)
William Johnson (5806)
Originating Department Head: Reginald Zeno (8517)
—9 9—p Lauren Prieur (6035)
Additional Information Contact: Jo Ann Gunn (8525)
Karen Quintero (8321)
ATTACHMENTS
13P COOP TIPS 210304 STREET LIGHT POLE ACCESS.docx (CFW Internal)
Rexel-TIPS FID Table.xlsx (CFW Internal)
Rexel 1295 TIPS.pdf (CFW Internal)
SAMs Rexel 10.2.23.pdf (CFW Internal)
apps.cfwnet.org/counci I_packet/mc_review.asp? I D=31558&counci ddate=10/31 /2023 2/2