HomeMy WebLinkAboutContract 62858CSC No. 62858
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CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This non-exclusive Cooperative Purchase Agreement (" Agreement") is entered into by and
between Dealers Electrical Supply Co ("Vendor") and the City of Fort Worth ("City"), a Texas home-rule municipality, individually referred to as a "party" and collectively as the "parties."
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 -Scope of Services;
3.Exhibit B-Cooperative Agency Contract: TIPS Contract #230502; and
4.Exhibit C-Conflict oflnterest 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 catalog of services
goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase
Agreement, including all exhibits thereto. If any provisions of the attached Exhibits conflict with
the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or
ordinance of City, the terms in this Cooperative Purchase Agreement shall control.
City shall pay Vendor in accordance with the payment terms in Exhibit A and in accordance with
the provisions of this Agreement. Total annual payment made under this Agreement by City
shall not exceed One Million Nine Hundred Twenty-Nine Thousand, One Hundred Fifty
Dollars and Zero Cents ($1,929,150.00). The Parties acknowledge that this is a nonexclusive
agreement and there is no guarantee of any specific amount of work. Further, Vendor recognizes
that the not-to-exceed amount mentioned above is the total amount of funds available, collectively,
for any Vendor that enters into an agreement with the City under the relevant M&C or cooperative
agreement and that once the collected not-to-exceed amount has been exhausted, funds have
therefore been exhausted under this Agreement as well. 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 is effective beginning on the date signed by the Assistant City
Manager ("Effective Date") and expires on July 31, 2025, with two (2) one-year renewal options at
the sole option of the City.
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.
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 or (2) received by the other party by United States Mail,
registered, return receipt requested, addressed as follows:
To CITY:
To VENDOR:
City of Fort Worth Dealers Electrical Supply Co
Attn: Jessica McEachern, Assistant City Manager Attn.: Daryl Donaldson, VP Sales and
100 Fort Worth Trail Marketing
Fort Worth, TX 76102 2320 Columbus Avenue
Waco, Texas 76701
With copy to Fort Worth City Attorney's Office at
the same address
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 thc 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; (� any other
nondiscrimination provisions in any specific statutc(s) applicablc 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 401; (j) 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 Procurement of Recovered Materials under 2 CFR §200.323; (n) 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; (o) compliance with federal restriction on lobbying expenditures under 2 CFR 200 clauses:
(p) consistent with Domestic preferences for procurements under 2 CFR §200322, 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.
City is a government entity under the laws of the State of Texas and all documents held or
maintained by City are subj ect to disclosure under the Texas Public Information Act. To the extent
the Agreement requires that City maintain records in violation of the Act, City hereby objects to
such provisions and such provisions are hereby deleted from the Agreement and shall have no
force or effect. In the event there is a request for information marked Confidential or Proprietary,
City shall promptly notify Vendor. It wi]] be the responsibility of Vendor to submit reasons
objecting to disclosure. A determination on whether such reasons are sufficient will not be decided
by City, but by the Office of the Attorney General of the State of Texas ar by a court of competent
jurisdiction.
The Agreement and the rights and obligations of the parties hereto shall be governed by,
and construed in accordance with the laws of the United States and state of Texas, exclusive of
conflicts of law provisions. Venue for any suit brought under the Agreement shall be in a court of
competent jurisdiction in Tarrant County, Texas. To the extent the Agreement is required to be
governed by any state law other than Texas or venue in Tarrant County, City objects to such terms
and any such terms are hereby deleted from the Agreement and shall have no force or effect.
Nothing herein constitutes a waiver of City's sovereign immunity. To the extent the
Agreement requires City to waive its rights or immunities as a government entity; such provisions
are hereby deleted and shall have no force or effect.
To the extent the Agreement, in any way, limits the liability of Vendor or requires City to
indemnify or hold Vendor or any third party harmless from damages of any kind or character, City
objects to these terms and any such terms are hereby deleted from the Agreement and shall have
no force or effect.
If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this
section does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas
Government Code, the City is prohibited from entering into a contract with a company for goods
or services unless the contract contains a written verification from the co,mpany that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms
"boycott Israel" and "company" has the meanings ascribed to those terms in Chapter 2271 of the
Texas Government Code. By signing this Agreement, Vendor certifies that Vendor's signature
provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the Agreement.
If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this
section does not apply. Vendor acknowledges that in accordance with Chapter 2276 of the Texas
Government Code, the City is prohibited from entering into a contract for goods or services that
has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City
with a company with 10 or more full-time employees unless the contract contains a writ�en
verification from the Vendor that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of this Agreement. To the extent that Chapter 2276 of
the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies
that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott
energy companies; and (2) will not boycott energy companies during the term of this Agreement.
If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this
section does not apply. Vendor acknowledges that except as otherwise provided by Chapter 2274
of the Texas Government Code, the City is prohibited from entering into a contract for goods or
services that has a value of $100,000 or more that is to be paid wholly or partly from public funds
of the City with a company with 10 or more full-time employees unless the contract contains a
written verification from the Vendor that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a ftrearm entity or firearm trade association; and (2) will not
discriminate during the term of the contract against a firearm entity or firearm trade
association. To the extent that Chapter 2274 of the Government Code is applicable to this
Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written
verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
against a firearm entiry or firearm trade association during the term of this Agreement.
(signature page follows)
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The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective party. CITY OF FORT WORTH: By:� Date: Name: Jesica McEachern Title: Assistant City Manager 02/26/2025 APPROVAL RECOMMENDED: if�� By: Lauren Prieur (Feb 24, 2025 14:26 CST)Name: Lauren Prieur Title: Director ATTEST: By: �A� Name: Jannette S. Goodall Title: City Secretary VENDOR: :�•nElec� Name: Daryl Donaldson Title: Vice President Sales and Marketing Date: 2-7-2025 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 Whiff er By: Tys6n Whitler (Feb 24, 2025 11:22 CST)Name: Tyson Whitler Title: Parts/Materials Supervisor APPROVED AS TO FORM AND LEGALITY: By: Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 25-0071 Date Approved: January 28, 2025 1295 Form: 2024-1236533
3 Minimum Percentage Discount Offered to TIPS Members on all Goods and Services (READ
6 CAREFULLY)
Please read thoroughly and carefully as an error on your response can render your contract award
unusable.
TIPS Members often turn to TIPS Contracts for ease of use and to receive discounted pricing.
What is the minimum percentage discount that you can offer TIPS Members off of all goods and service
pricing (whether offered through Pricing Form 1, Pricing Form 2, or in another accepted format) that you
offer? Only limited goods/services specifically identified and excluded from this discount in Vendor's
original proposal may be excluded from this discount.
Vendor must respond with a percentage from 0%-100%. The percentage discount that you input below will be
applied to your "Catalog Pricing", as defined in the solicitation, for all TIPS Sales made during the life of the
contract. You cannot alter this percentage discount once the solicitation legally closes. You will always be required
to discount every TIPS Sale by the percentage included below with the exception of limited goods/services
specifically identified and excluded from this discount in Vendor's original proposal. If you add goods or services to
your "Catalog Pricing" during the life of the contract, you will be required to sell those new items with this discount
applied.
Example: In this example, you enter a 10°/o minimum percentage discount below. In year-one of your TIPS
Contract, your published "Catalog Pricing" (website/store/published pricing) for "Tablet A" is $100 and for "Tablet
Set-Up Service" is $100. In this example, you must sell those items under the TIPS Contract at the proposed 10%
discounted price of: "Tablet A" -$90, "Tablet Set-Up Service" -$90. In year two of your TIPS Contract, you update
your "Catalog Pricing" with the market. You add "Tablet B" to your "Catalog Pricing" for $200 and have increased
the price of "Tablet A" to $110 and the price of "Tablet Set-Up Service" to $110. In this example, after the "Catalog
Pricing" update, you must still sell those items under the TIPS Contract at the proposed 10% discounted price
of: "Tablet A" - $99, "Tablet Set-Up Service" - $99, and "Tablet B" - $180.00.
With the exception of limited goods/services specifically identified and excluded from this discount in Vendor's
original proposal, if you cannot honor the discount on all goods and items now included or which may be added in
the future with certainty, then you should offer a lesser discount percentage below.
What is the minimum percentage discount that you can offer TIPS Members off of all goods and service
pricing (whether offered through Pricing Form 1, Pricing Form 2, or in another accepted format) that you
offer?
10%
3 Honoring Vendor's Minimum Percentage Discount
7 Vendor is asked in these Attribute Questions to provide a Minimum Percentage Discount offered to TIPS Members
on all goods and services sold under the TIPS Contract. Points will be assigned for your response and scoring of
your proposal will be affected. A"YES" answer will be awarded the maximum 10 points and a"NO" answer will be
awarded 0 points.
Does Vendor agree to honor the Minimum Percentage Discount off of their TIPS "Catalog Pricing" that Vendor
proposed for all TIPS Sales made for the duration of the TIPS Contract?
Yes, Vendor agrees
3 Volume and Additional Discounts
$ In addition to the Minimum Percentage Discount proposed herein, does Vendor ever expect and intend to offer
additional, greater, or volume discounts to TIPS Members?
Point(s) may be assigned for your response in the category of "Pricing" during scoring and evaluation.
Yes
Page 9 of 31 pages Vendor: Dealers Electrical supply 230502
3 I"Catalog Pricing" and Pricing Requirements
9 This is a requirement of the TIPS Contract and is non-negotiable.
In this solicitation and resulting contract, "Catalog Pricing" shall be defined as:
"The then available list of goods or services, in the most current listing regardless of date, that takes the form of a
catalog, price list, price schedule, shelf-price or other viewable format that:
A. is regularly maintained by the manufacturer or Vendor of an item; and
B. is either published or otherwise available for review by TIPS or a customer during the purchase process;
C. to which the Minimum Percentage Discount proposed by the proposing Vendor may be applied.
If awarded on this TIPS Contract, for the duration of the contract, Vendor agrees to provide, upon request, their
then current "Catalog Pricing." Or, in limited circumstances where Vendor has proposed the Percentage Mark-Up
method of pricing in this proposal, proof of Vendor's "cost" may be accepted by TIPS in place of catalog pricing.
YES
4 EXCEPTIONS & DEVIATIONS TO TIPS STANDARD TERMS AND CONDITIONS
� Vendor agrees that, if awarded, Vendor's final TIPS Contract will consist of the provisions set forth in the finalized
TIPS Vendor Agreement, Vendor's responses to these attribute questions, and: (1) The TIPS solicitation document
resulting in this Agreement; (2) Any addenda or clarifications issued in relation to the TIPS solicitation; (3) All
solicitation information provided to Vendor by TIPS through the TIPS eBid System; (3) Vendor's entire proposal
response to the TIPS solicitation including all accepted required attachments, acknowledged notices and
certifications, accepted negotiated terms, accepted pricing, accepted responses to questions, and accepted written
clarifications of Vendor's proposal, and; any properly included attachments to the TIPS Contract. In the event of
conflict between the terms of the finalized Vendor Agreement and one of the incorporated documents the terms and
conditions which are in the best interest of governmental/qualifying non-profit TIPS Members shall control at TIPS
sole discretion.
If Vendor responds, "No, Vendor does not agree" to this Attribute, after this solicitation legally closes and TIPS
begins evaluating Vendor's file, TIPS will provide Vendor with a draft Word Document version of the Vendor
Agreement and will be instructed to include all requested negotiations as redline edits for TIPS consideration. This
is the only proper way to submit proposed deviations for TIPS consideration. TIPS reserves the right to accept,
decline, or modify Vendor's requested negotiated terms. For this reason, answering "No, Vendor does not agree"
may ultimately delay or prevent award.
Does Vendor agree with TIPS standard terms and conditions as presented in the TIPS solicitation document (RFP,
RCSP, RFQ, or other) and the TIPS Vendor Agreement document?
Yes, Vendor agrees
Page 10 of 31 pages Vendor: Dealers Electrical supply 230502
4 TIPS Sales Reporting Requirements
� This is a requirement of the TIPS Contract and is non-negotiable.
By submitting this proposal, Vendor certifies that Vendor will properly report all TIPS sales. With the exception of
TIPS Automated Vendors, who have signed an exclusive agreement with TIPS regarding reporting, all TIPS Sales
must be reported to TIPS by either:
(1) Emailing the purchase order or similar purchase document (with Vendor's Name, as known to TIPS, and the
TIPS Contract Name and Number included) to TIPS at tipspo@tips-usa.com with "Confirmation Only" in the subject
line of the email within three business days of Vendor's acceptance of the order, or;
(2) Within 3 business days of the order being accepted by Vendor, Vendor must login to the TIPS Vendor Portal and
successfully self-report all necessary sale information within the Vendor Portal and confirm that it shows up
accurately on your current Vendor Portal statement.
No other method of reporting is acceptable unless agreed to by the Parties in writing. Failure to report all sales
pursuant to this provision may result in immediate cancellation of Vendor's TIPS Contract(s) for cause at TIPS' sole
discretion.
4 I TIPS Administration Fee Requirement and Acknowledgment
2 This is a requirement of the TIPS Contract and is non-negotiable.
The collection of fees by TIPS, a government entity, for performance of these procurement services is required
pursuant to Texas Government Code Section 791.011 et. seq. The TIPS Administration Fee is the amount legally
owed by Vendor to TIPS for TIPS Sales made by Vendor. The TIPS Administration Fee amount is typically a set
percentage of each TIPS Sale legally due to TIPS, but the exact TIPS Administration Fee for this Contract is
published in the corresponding RFP or RCSP document. TIPS Administration Fees are due to TIPS immediately
upon Vendor's receipt of payment, including partial payment, for a TIPS Sale.
By submitting a proposal, Vendor agrees that it has read, understands, and agrees to the published TIPS
Administration Fee amount, calculation, and payment requirements. By submitting a proposal Vendor further
confirms that all TIPS Pricing includes the TIPS Administration Fee and Vendor will not show adding the TIPS
Administration Fee as a charge or line-item in any TIPS Sale.
4 TIPS Member Access to Vendor Proposal & Documentation
3 This is a requirement of the TIPS Contract and is non-negotiable.
Notwithstanding any other information provided in this solicitation or Vendor designation of certain documentation
as confidential or proprietary, Vendor's submission of this proposal constitutes Vendor's express consent to the
disclosure of Vendor's comprehensive proposal, including any information deemed confidential or proprietary, to
TIPS Members. The proposing Vendor agrees that TIPS shall not be responsible or liable for any use or
distribution of information or documentation to TIPS Members or by TIPS Members. By submitting this proposal,
Vendor certifies the foregoing.
Page 11 of 31 pages Vendor: Dealers Electrical supply 230502
4 Non-Collusive Bidding Certificate
4 This is a requirement of the TIPS Contract and is non-negotiable.
By submission of this proposal, the Vendor certifies that:
1) This proposal has been independently arrived at without collusion with any other entity, bidder, or with any
competitor;
2) This 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 modify, submit, or
not to submit a bid or proposal; and
4) The person signing this bid or proposal certifies that they are duly authorized to execute this proposal/contract
on behalf of Vendor and they have fully informed themselves 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;
4 Antitrust Certification Statements (Tex. Government Code § 2155.005)
5 This is a requirement of the TIPS Contract and is non-negotiable.
By submission of this bid or proposal, Vendor certifies under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this proposal/contract on my own behalf or on behalf of the company,
corporation, firm, partnership or individual (Vendor) identified herein;
(2) In connection with this proposal, neither I nor any representative of Vendor has violated any provision of the
Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;
(3) In connection with this proposal, neither I nor any representative of the Vendor has violated any federal antitrust
law;
(4) Neither I nor any representative of Vendor 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.
4 Limitation on Out-of-State Litigation - Texas Business and Commerce Code § 272
6 This is a requirement of the TIPS Contract and is non-negotiable.
Texas Business and Commerce Code § 272 prohibits a construction contract, or an agreement collateral to or
affecting the construction contract, from containing a provision making the contract or agreement, or any conflict
arising under the contract or agreement, subject to another state's law, litigation in the courts of another state, or
arbitration in another state. If included in Texas construction contracts, such provisions are voidable by a party
obligated by the contract or agreement to perform the work.
By submission of this proposal, Vendor acknowledges this law and if Vendor enters into a construction contract
with a Texas TIPS Member under this procurement, Vendor certifies compliance.
Page 12 of 31 pages Vendor: Dealers Electrical supply 230502
4 I Required Confidentiality Claim Form
7 This is a requirement of the TIPS Contract and is non-negotiable.
TIPS provides the required TIPS Confidentiality Claim Form in the "Attachments" section of this solicitation. Vendor
must execute this form by either signing and waiving any confidentiality claim, or designating portions of Vendor's
proposal confidential. If Vendor considers any portion of Vendor's proposal to be confidential and not subject to
public disclosure pursuant to Chapter 552 Texas Gov't Code or other law(s) and orders, Vendor must have
identified the claimed confidential materials through proper execution of the Confidentiality Claim Form.
If TIPS receives a public information act or similar request, any responsive documentation not deemed confidential
by you in this manner will be automatically released. For Vendor documents deemed confidential by you in this
manner, 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, including Attorney General determination and opinion.
Notwithstanding any other Vendor designation of Vendor's proposal as confidential or proprietary, Vendor's
submission of this proposal constitutes Vendor's agreement that proper execution of the required TIPS
Confidentiality Claim Form is the only way to assert any portion of Vendor's proposal as confidential.
4 I Non-Discrimination Statement and Certification
$ This is a requirement of the TIPS Contract and is non-negotiable.
In accordance with Federal civil rights law, all U.S. Departments, including but not limited to the USDA, USDE, FEMA,
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 federal funds (not all bases apply to all programs).
Vendor certifies that Vendor will comply with applicable Non-Discrimination and Equal Opportunity provisions set
forth in TIPS Member Customers' policies and other regulations at the local, state, and federal levels of
governments.
U Yes, I certify
4 I Limitation of Vendor Indemnification and Similar Clauses
9 This is a requirement of the TIPS Contract and is non-negotiable.
TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the
State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas
Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent
jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of
the State ... " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity
creates a"debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which
require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any
applicable statute of limitations must be deleted or qualified with "to the extent permitted by the Constitution and
Laws of the State of Texas."
Does Vendor agree?
�❑ Yes, I Agree
Page 13 of 31 pages Vendor: Dealers Electrical supply 230502
5 I Alternative Dispute Resolution Limitations
� This is a requirement of the TIPS Contract and is non-negotiable.
TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the
State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be
permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement,
except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding
mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the
filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus
County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of
Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the
Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of
Texas.
Does Vendor agree?
Yes, Vendor agrees
5 I No Waiver of TIPS Immunity
� This is a requirement of the TIPS Contract and is non-negotiable.
Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity;
nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities
available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the
enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service
Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such
privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel.
Does Vendor agree?
�❑ Yes, Vendor agrees
5 I Payment Terms and Funding Out Clause
2 This is a requirement of the TIPS Contract and is non-negotiable.
Vendor agrees that TIPS and 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 applicable laws and regulations, including but not limited to
Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any
TIPS Member, which requires that 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.
Does Vendor agree?
�❑ Yes, Vendor agrees
5 Certification Regarding Prohibition of Certain Terrorist Organizations (Tex. Gov. Code 2270)
3 Vendor certifies that Vendor is not a company identified on the Texas Comptroller's list of companies known to have
contracts with, or provide supplies or services to, a foreign organization designated as a Foreign Terrorist
Organization by the U.S. Secretary of State.
Does Vendor certify?
Yes, Vendor certifies
Page 14 of 31 pages Vendor: Dealers Electrical supply 230502
5 Certification Regarding Prohibition of Boycotting Israel (Tex. Gov. Code 2271)
4 If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this
Agreement or any agreement with a TIPS Member under this procurement has value of $100,000 or more, the
following certification shall apply; otherwise, this certification is not required. Vendor certifies, where applicable, that
neither the Vendor, nor any affiliate, subsidiary, or parent company of Vendor, if any, boycotts Israel, and Vendor
agrees that 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.
When applicable, does Vendor certify?
Yes, Vendor certifies
5 Certification Regarding Prohibition of Contracts with Certain Foreign-Owned Companies (Tex. Gov.
5 Code 2274)
Certain public entities are prohibited from entering into a contract or other agreement relating to critical
infrastructure that would grant Vendor direct or remote access to or control of critical infrastructure in this state,
excluding access specifically allowed by a customer for product warranty and support purposes.
Vendor certifies that neither it nor its parent company nor any affiliate of Vendor or its parent company, is (1) owned
by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are
citizens of China, Iran, North Korea, Russia, or a designated country; (2) a company or other entity, including
governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China,
Iran, North Korea, Russia, or a designated country; or (3) headquartered in China, Iran, North Korea, Russia, or a
designated country.
For purposes of this certification, "critical infrastructure" means "a communication infrastructure system,
cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility." Vendor certifies
that Vendor will not grant direct or remote access to or control of critical infrastructure, except for product warranty
and support purposes, to prohibited individuals, companies, or entities, including governmental entities, owned,
controlled, or headquartered in China, Iran, North Korea, Russia, or a designated country, as determined by the
Governor.
When applicable, does Vendor certify?
Yes, Vendor certifies
Page 15 of 31 pages Vendor: Dealers Electrical supply 230502
5 Certification Regarding Prohibition of Discrimination Against Firearm and Ammunition Industries (Tex.
6 Gov. Code 2274)
If (a) Vendor is not a sole proprietorship; (b) Vendor has at least ten (10) full-time employees; and (c) this
Agreement or any Supplemental Agreement with certain public entities have a value of at least $100,000 that is
paid wholly or partly from public funds; (d) the Agreement is not excepted under Tex. Gov. Code 2274 and (e) the
purchasing public entity has determined that Vendor is not a sole-source provider or the purchasing public entity
has not received any bids from a company that is able to provide this written verification, the following certification
shall apply; otherwise, this certification is not required.
Vendor certifies that Vendor, or association, corporation, partnership, joint venture, limited partnership, limited
liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary
parent company, or affiliate of these entities or associations, that exists to make a profit, does not have a practice,
policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not
discriminate during the term of this contract against a firearm entity or firearm trade association.
For purposes of this Agreement, "discriminate against a firearm entity or firearm trade association" shall mean, with
respect to the entity or association, to: "(1) refuse to engage in the trade of any goods or services with the entity or
association based solely on its status as a firearm entity or firearm trade association; (2) refrain from continuing an
existing business relationship with the entity or association based solely on its status as a firearm entity or firearm
trade association; or (3) terminate an existing business relationship with the entity or association based solely on its
status as a firearm entity or firearm trade association."
"Discrimination against a firearm entity or firearm trade association" does not include: "(1) the established policies
of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm
accessories; and (2) a company's refusal to engage in the trade of any goods or services, decision to refrain from
continuing an existing business relationship, or decision to terminate an existing business relationship to comply
with federal, state, or local law, policy, or regulations or a directive by a regulatory agency, or for any traditional
business reason that is specific to the customer or potential customer and not based solely on an entity's or
association's status as a firearm entity or firearm trade association."
When applicable, does Vendor certify?
Yes, Vendor certifies
5 Certification Regarding Termination of Contract for Non-Compliance (Tex. Gov. Code 552.374)
7 If Vendor is not a governmental body and (a) this Agreement or any Supplemental Agreement with a public entity
has a stated expenditure of at least $1 million in public funds for the purchase of goods or services by certain public
entities; or (b) this Agreement or any Supplemental Agreement results in the expenditure of at least $1 million in
public funds for the purchase of goods or services by certain public entities in their fiscal year, the following
certification shall apply; otherwise, this certification is not required.
As required by Tex. Gov. Code 552.374, the following statement is included in the RFP and the Agreement (unless
the Agreement is (1) related to the purchase or underwriting of a public security; (2) is or may be used as collateral
on a loan; or (3) proceeds from which are used to pay debt service of a public security of loan): "The requirements
of Subchapter J, Chapter 552, Government Code, may apply to this solicitation and Agreement and the Vendor
agrees that this Agreement and any applicable Supplemental Agreement can be terminated if Vendor knowingly or
intentionally fails to comply with a requirement of that subchapter."
Pursuant to Chapter 552 of the Texas Government Code, Vendor certifies that Vendor shall: (1) preserve all
contracting information related to this Agreement as provided by the records retention requirements applicable to
TIPS or the purchasing TIPS Member for the duration of the Agreement; (2) promptly provide to TIPS or the
purchasing TIPS Member any contracting information related to the Agreement that is in the custody or possession
of Vendor on request of TIPS or the purchasing TIPS Member; and (3) on completion of the Agreement, either (a)
provide at no cost to TIPS or the purchasing TIPS Member all contracting information related to the Agreement that
is in the custody or possession of Vendor, or (b) preserve the contracting information related to the Agreement as
provided by the records retention requirements applicable to TIPS or the purchasing TIPS Member.
When applicable, does Vendor certify?
Yes, Vendor certifies
Page 16 of 31 pages Vendor: Dealers Electrical supply 230502
5 Certification Regarding Prohibition of Boycotting Certain Energy Companies (Tex. Gov. Code 2274)
$ If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this
Agreement or any Supplemental Agreement with certain public entities has a value of $100,000 or more that is to
be paid wholly or partly from public funds, the following certification shall apply; otherwise, this certification is not
required.
Vendor certifies that Vendor, or any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate
of these entities or business associations, if any, do not boycott energy companies and will not boycott energy
companies during the term of the Agreement or any applicable Supplemental Agreement.
For purposes of this certification the term "company" shall mean an organization, association, corporation,
partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, that exists to
make a profit.
The term "boycott energy company" shall mean "without an ordinary business purpose, refusing to deal with,
terminating business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or
limit commercial relations with a company because the company (a) engages in the exploration, production,
utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet
environmental standards beyond applicable federal and state law, or (b) does business with a company described
by paragraph (a)." (See Tex. Gov. Code 809.001).
When applicable, does Vendor certify?
Yes, Vendor certifies
5 Felony Conviction Notice - Texas Education Code 44.034
9 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."
Subsection (c) states, "This section does not apply to a publicly held corporation.
Vendor certifies one of the following:
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 Vendor responds with Option (C), Vendor is required to provide information in the next attribute.
B. My firm is not owned nor operated by felon.
Page 17 of 31 pages Vendor: Dealers Electrical supply 230502
6 I Felony Conviction Notice - Texas Education Code 44.034 - Continued
� If Vendor selected Option (C) in the previous attribute, Vendor must provide the following information herein:
1. Name of Felon(s)
2. The Felon(s) title/role in Vendor's entity, and
3. Details of Felon(s) Conviction(s).
No response
6 Conflict of Interest Questionnaire Requirement
� Vendor agrees that it has looked up, read, and understood the current version of Texas Local Government Code
Chapter 176 which generally requires disclosures of conflicts of interests by Vendor hereunder if Vendor:
(1) has an employment or other business relationship with a local government officer of our 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 our 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 our local governmental entity.
(4) Any other financial, commercial, or familial relationship with our local government that may warrant reporting
under this statute.
Does Vendor certify that it has NO reportable conflict of interest?
Yes, Vendor certifies - VENDOR HAS NO CONFLICT
6 Conflict of Interest Questionnaire Requirement - Form CIQ - Continued
2 If you responded "No, Vendor does not certify - VENDOR HAS CONFLICT" to the Conflict of Interest Questionnaire
question above, you are required by law to fully execute and upload the form attachment entitled "Conflict of
Interest Questionnaire - Form CIQ." If you accurately claimed no conflict above, you may disregard the form
attachment entitled "Conflict of Interest Questionnaire - Form CIQ."
Have you uploaded this form if applicable?
Not Applicable
6 Upload of Current W-9 Required
3 Vendors are required by TIPS to upload a current, accurate W-9 Internal Revenue Service (IRS) Tax Form for your
entity. This form will be utilized by TIPS to properly identify your entity.
You must confirm that you are responding to this solicitation under your legal entity name. Go now to your Supplier
Profile in this eBid System and confirm that your profile reflects your "Legal Name" as it is listed on your W9.
6 Regulatory Good Standing Certification
4 Does Vendor certify that its entity is in good standing will all government entities and agencies, whether local, state,
or federal, that regulate any aspect of Vendor's field of work or business operations?
If Vendor selects "No", Vendor must provide explanation on the following attribute question.
Yes, Vendor certifies
Page 18 of 31 pages Vendor: Dealers Electrical supply 230502
6 Regulatory Good Standing Certification - Explanation - Continued
5 If Vendor responded to the prior attribute that "No", Vendor is not in good standing, Vendor must provide an
explanation of that lack of good standing here for TIPS consideration.
No response
6 I Instructions Only - Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
6 Instructions for Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
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 19 of 31 pages Vendor: Dealers Electrical supply 230502
6 I Suspension or Debarment Certification
7 Read the instructions in the attribute above and then answer the following accurately.
Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or
agency.
Does Vendor certify?
Yes, Vendor certifies
6 Vendor Certification of Criminal History - Texas Education Code Chapter 22
$ 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 pursuant to this law.
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.
Vendor certifies:
NONE (Section A): None of the employees of Vendor 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 Vendor and any subcontractor will not become covered employees. Contractor will maintain
these precautions or conditions throughout the time the contracted services are provided under this procurement.
OR
SOME (Section B): Some or all of the employees of Vendor and any subcontractor are covered employees. If this
box is checked, I further certify that: (1) Vendor has obtained all required criminal history record information
regarding its covered employees. None of the covered employees has a disqualifying criminal history; (2) If Vendor
receives information that a covered employee subsequently has a reported criminal history, Vendor will immediately
remove the covered employee from contract duties and notify the purchasing entity in writing within 3 business
days; (3) Upon request, Vendor will provide the purchasing entity with the name and any other requested
information of covered employees so that the purchasing entity may obtain criminal history record information on
the covered employees; (4) If the purchasing entity objects to the assignment of a covered employee on the basis
of the covered employee's criminal history record information, Vendor agrees to discontinue using that covered
employee to provide services at the purchasing entity.
Which option does Vendor certify?
Yes, I certify - NONE (Section A)
Page 20 of 31 pages Vendor: Dealers Electrical supply 230502
6 Certification Regarding "Choice of Law" Terms with TIPS Members
g Vendor agrees that if any "Choice of Law" provision is included in any sales agreement/contract between Vendor
and a TIPS Member, that clause must provide that the "Choice of Law" applicable to the sales agreement/contract
between Vendor and TIPS Member shall be the state where the TIPS Member operates unless the TIPS Member
expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a"Choice of Law" clause that
conflicts with these terms is rendered void and unenforceable.
If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide
Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested
negotiations as redline edits for TIPS consideration.
Does Vendor agree?
Yes, Vendor agrees
7 Certification Regarding "Venue" Terms with TIPS Members
� Vendor agrees that if any "Venue" provision is included in any sales agreement/contract between Vendor and a
TIPS Member, that clause must provide that the "Venue" for any litigation or alternative dispute resolution is shall be
in the state and county where the TIPS Member operates unless the TIPS Member expressly agrees otherwise. Any
TIPS Sale Supplemental Agreement containing a"Venue" clause that conflicts with these terms is rendered void and
unenforceable.
If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide
Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested
negotiations as redline edits for TIPS consideration.
Does Vendor agree?
Yes, Vendor agrees
7 Certification Regarding "Automatic Renewal" Terms with TIPS Members
� Vendor agrees that no TIPS Sale may incorporate an "Automatic Renewal" clause that exceeds month to month
terms with which the TIPS Member must comply. All renewal terms incorporated into a TIPS Sale Supplemental
Agreement shall only be valid and enforceable when Vendor received written confirmation of acceptance of the
renewal term from the TIPS Member for the specific renewal term. The purpose of this clause is to avoid a TIPS
Member inadvertently renewing a Supplemental 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. Any TIPS Sale
Supplemental Agreement containing an "Automatic Renewal" clause that conflicts with these terms is rendered void
and unenforceable.
If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide
Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested
negotiations as redline edits for TIPS consideration.
Does Vendor agree?
Yes, Vendor agrees
Page 21 of 31 pages Vendor: Dealers Electrical supply 230502
7 Certification Regarding "Indemnity" Terms with TIPS Members
2 Texas and other jurisdictions restrict the ability of governmental entities to indemnify others. Vendor agrees that if
any "Indemnity" provision which requires the TIPS Member to indemnify Vendor is included in any sales
agreement/contract between Vendor and a TIPS Member, that clause must either be stricken or qualified by
including that such indemnity is only permitted, "to the extent permitted by the laws and constitution of [TIPS
Member's State]" unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement
containing an "Indemnity" clause that conflicts with these terms is rendered void and unenforceable.
If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide
Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested
negotiations as redline edits for TIPS consideration.
Does Vendor agree?
Yes, Vendor agrees
7 Certification Regarding "Arbitration" Terms with TIPS Members
3 Vendor agrees that if any "Arbitration" provision is included in any TIPS Sale agreement/contract between Vendor
and a TIPS Member, that clause may not require that the arbitration is mandatory or binding. Vendor agrees that if
any "Arbitration" provision is included in any TIPS Sale agreement/contract between Vendor and a TIPS Member,
that clause provides for only voluntary and non-binding arbitration unless the TIPS Member expressly agrees
otherwise. Any TIPS Sale Supplemental Agreement containing a"Arbitration" clause that conflicts with these terms
is rendered void and unenforceable.
If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide
Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested
negotiations as redline edits for TIPS consideration.
Does Vendor agree?
Yes, Vendor agrees
7 2 CFR PART 200 AND FEDERAL CONTRACT PROVISIONS EXPLANATION
4 TIPS and TIPS Members will sometimes seek to make purchases with federal funds. In accordance with 2 C.F.R.
Part 200 of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
(sometimes referred to as "EDGAR"),Vendor's response to the following questions labeled "2 CFR Part 200 or
Federal Provision" will indicate Vendor's willingness and ability to comply with certain requirements which may be
applicable to TIPS purchases paid for with federal funds, if accepted by Vendor.
Your responses to the following questions labeled "2 CFR Part 200 or Federal Provision" will dictate whether TIPS
can list this awarded contract as viable to be considered for a federal fund purchase. Failure to certify all
requirements labeled "2 CFR Part 200 or Federal Provision" will mean that your contract is listed as not
viable for the receipt of federal funds. However. it will not prevent award.
If you do enter into a TIPS Sale when you are accepting federal funds, the contract between you and the TIPS
Member will likely require these same certifications.
Page 22 of 31 pages Vendor: Dealers Electrical supply 230502
7 2 CFR Part 200 or Federal Provision - Vendor Willingness to Accept Federal Funds
5 This certification is not required by federal law. However, TIPS Members are public entities and qualifying non-
profits which often receive federal funding and grants (ESSER, CARES Act, EDGAR, etc.) Accepting such funds
often requires additional required certifications and responsibilities for Vendor. The following attribute
questions include these required certifications. Your response to this questions, the following certifications, and
other factors will determine whether your contract award will be deemed as eligible for federal fund expenditures by
TIPS Members.
If awarded, is Vendor willing to accept payment for goods and services offered under this contract paid for by a
TIPS Member with federal funds?
Yes
7 2 CFR Part 200 or Federal Provision - Contracts
6 Contracts for more than the simplified acquisition threshold currently set at $250,000 (2 CFR § 200.320), 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 reserve 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, Vendor agrees
7 2 CFR Part 200 or Federal Provision - Termination
7 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 reserve 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 reserve 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, Vendor agrees
Page 23 of 31 pages Vendor: Dealers Electrical supply 230502
7 2 CFR Part 200 or Federal Provision - Clean Air Act
$ Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as
amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the
non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental
Protection Agency (EPA).
Pursuant to the Clean Air Act, et al above, when federal funds are expended by ESC Region 8 and TIPS Members,
ESC Region 8 and TIPS Members require 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, Vendor agrees
7 2 CFR Part 200 or Federal Provision - Byrd Anti-Lobbying Amendment
9 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 require 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 vendorcertifiesthat it is in compliance with all
applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352).
Does Vendor agree?
Yes, Vendor agrees
Page 24 of 31 pages Vendor: Dealers Electrical supply 230502
8 2 CFR Part 200 or Federal Provision - Byrd Anti-Lobbying Amendment - Continued
� 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
the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). 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.
Does Vendor certify that it has NOT lobbied as described herein?
Yes, Vendor certifies - NO Reportable Lobbying
8 2 CFR Part 200 or Federal Provision - Byrd Anti-Lobbying Amendment - Continued
� If you answered "No, Vendor does not certify - Lobbying to Report" to the above attribute question, you must
download, read, execute, and upload the attachment entitled "Disclosure of Lobbying Activities - Standard Form -
LLL", as instructed, to report the lobbying activities you performed or paid others to perform.
8 2 CFR Part 200 or Federal Provision - Federal Rule
2 Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42
U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental
Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of
$100,000)
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and
TIPS Members requires the proposer certify that in performance of the contracts, subcontracts, and subgrants of
amounts in excess of $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 compliance?
Yes, Vendor certifies
Page 25 of 31 pages Vendor: Dealers Electrical supply 230502
8 2 CFR Part 200 or Federal Provision - Procurement of Recovered Materials
3 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: (1) 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; (2)
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 these provisions?
Yes, Vendor certifies
8 2 CFR Part 200 or Federal Provision - Rights to Inventions
4 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 certify?
Yes, Vendor certifies
Page 26 of 31 pages Vendor: Dealers Electrical supply 230502
8 2 CFR Part 200 or Federal Provision - Domestic Preferences for Procurements and Compliance with
5 Buy America Provisions
As appropriate and to the extent consistent with law, TIPS Member Customers, to the greatest extent practicable
under a Federal award, may 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). Vendor agrees that the requirements of this section will be included in all subawards
including all contracts and purchase orders for work or products under this award, to the greatest extent practicable
under a Federal 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, glass, including optical fiber,
and lumber.
Vendor certifies that it is in compliance with all applicable provisions of the Buy America Act. Purchases made in
accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open
competition. 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 stage through the application of coatings, occurred in the United States.
"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; glass, 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 Certify?
Yes, Vendor certifies
8 2 CFR Part 200 or Federal Provision - Ban on Foreign Telecommunications
6 ESC 8 and TIPS Members are prohibited from obligating or expending Federal financial assistance, to include loan
or grant funds, to: (1) procure or obtain, (2) extend or renew a contract to procure or obtain, or (3) enter into a
contract (or extend or renew a contract) to procure or obtain, 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" equipment is telecommunications equipment
produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), and
physical security surveillance of critical infrastructure and other national security purposes, 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) for the
purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and
other national security purposes detailed in 2 CFR § 200.216.
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 certify?
Yes, Vendor certifies
Page 27 of 31 pages Vendor: Dealers Electrical supply 230502
8 2 CFR Part 200 or Federal Provision - Contract Cost & Price
7 For contracts more than the simplified acquisition threshold currently set at $250,000, a TIPS Member may, in very
rare circumstances, be required to negotiate profit as a separate element of the price pursuant to 2 C.F.R.
200.324(b). Under those circumstances, Vendor agrees to provide information and negotiate with the TIPS Member
regarding profit as a separate element of the price. However, Vendor certifies that the total price charged by the
Vendor shall not exceed the Vendor's TIPS pricing and pricing terms proposed.
Does Vendor certify?
Yes, Vendor certifies
8 2 CFR Part 200 or Federal Provision - Equal Employment Opportunity
$ Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contracY'
in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive
Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by
Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at
41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department ofLabor."
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members on any federally
assisted construction contract, the equal
opportunity clause is incorporated by reference here.
Does Vendor Certify?
Yes, Vendor certifies
8 2 CFR Part 200 or Federal Provision - Davis Bacon Act Compliance
g Texas Statute requires compliance with Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by
Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must
include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as
supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors
must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less
than once a week. The non- Federal entity must place a copy of the current prevailing wage determination issued by
the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned
upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported
violations to the Federal awarding agency. The contracts must also include a provision for compliance with the
Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part
3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from
inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up
any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all
suspected or reported violations to the Federal awarding agency.
Pursuant to state and federal requirements, Vendor certifies that it will be in compliance with all applicable Davis-Bacon
Act provisions if/when applicable.
Does Vendor certify?
Yes, Vendor certifies
Page 28 of 31 pages Vendor: Dealers Electrical supply 230502
9 2 CFR Part 200 or Federal Provision - Contract Work Hours and Safety Standards
� Where applicable, all contracts awarded by ESC 8 and TIPS Members in excess of $100,000 that involve the
employment of inechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor
must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40
hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must
be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies that
during the term of an award for all contracts resulting from this procurement process, Vendor will be in compliance
with all applicable provisions of the Contract Work Hours and Safety Standards Act.
Does Vendor certify?
Yes, Vendor certifies
9 I 2 CFR Part 200 or Federal Provision - FEMA Fund Certification & Certification of Access to Records
1
If and when Vendor accepts a TIPS purchase paid for in full or part with FEMA funds, Vendor certifies that:
(1) Vendor agrees to provide the TIPS Member, the FEMA Administrator, the Comptroller General of the United
States, or any of their authorized representatives access to and rights to reproduce any books, documents,
papers, and records of the Contractor which are directly pertinent to this contract, or any contract resulting from
this procurement, for the purposes of making audits, examinations, excerpts, and transcriptions. This right also
includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating
to such documents. Vendor agrees to provide the FEMA Administrator or an authorized representatives access to
construction or other work sites pertaining to the work being completed under the contract. Vendor acknowledges
and agrees that no language in this contract or the contract with the TIPS Member is intended to prohibit audits or
internal reviews by the FEMA Administrator or the Comptroller General of the United States.
(2) The Vendor shall not use the Department of Homeland Security's seal(s), logos, crests, or reproductions of flags
or likenesses of DHS agency officials without specific FEMA pre-approval.
(3) The Vendor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures,
and directives.
(4) The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the
non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
(5) The Vendor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements)
applies to the Vendor's actions pertaining to this contract.
Does Vendor certify?
Yes, Vendor certifies
9 I 2 CFR Part 200 or Federal Provision - Certification of Compliance with the Energy Policy and
2 Conservation Act
When appropriate and to the extent consistent with the law, Vendor certifies that it will comply with the Energy Policy
and Conservation Act (42 U.S.C. 6321 et seq; 49 C.F.R. Part 18) and any state mandatory standards and policies
relating to energy efficiency which are contained in applicable state energy conservation plans issued in compliance
with the Act.
Does Vendor certify?
Yes, Vendor certifies
Page 29 of 31 pages Vendor: Dealers Electrical supply 230502
9 2 CFR Part 200 or Federal Provision - Certification of Compliance with Never Contract with the Enemy
3 Where applicable, all contracts awarded by ESC 8 and TIPS Members in excess of $50,000.00, within the period of
performance, and which are performed outside of the United States, including U.S. territories, are subject to the
regulations implementing Never Contract with the Enemy in 2 CFR part 183. Per 2 CFR part 183, in the situation
specified, ESC 8 and TIPS Members shall terminate any contract or agreement resulting from this procurement
which violates the Never Contract with the Enemy regulation in 2 CFR part 183, including if Vendor is actively
opposing the United States or coalition forces involved in a contingency operation in which members of the the
Armed Forces are actively engaged in hostilities. Vendor certifies that it is neither an excluded entity under the
System for Award Management (SAM) nor Federal Awardee Performance and Integrity Information System (FAPIIS)
for any contract terminated due to Never Contract with the Enemy as a Termination for Material Failure to Comply.
Does Vendor certify?
Yes, Vendor certifies
9 2 CFR Part 200 or Federal Provision - Certification of Compliance with EPA Regulations
4 For contracts resulting from this procurement, in excess of $100,000.00 and paid for with federal funds, Vendor
certifies that Vendor will comply with all applicable standards, orders, regulations, and/or requirements issued
pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as
amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part
15.
Does Vendor certify?
Yes, Vendor certifies
9 2 CFR Part 200 or Federal Provision - Record Retention Requirements
5 For contracts resulting from this procurement, paid for by ESC 8 or TIPS Members with federal funds, Vendor
certifies that Vendor will comply with the record retention requirements detailed in 2 CFR § 200.334. Vendor certifies
that Vendor will retain all records as required by 2 CFR § 200.334 for a period of three years after final expenditure or
financial reports, as applicable, and all other pending matters are closed.
Does Vendor certify?
Yes, Vendor certifies
9 2 CFR Part 200 or Federal Provision - Subcontracting and Affirmative Steps for Small and Minority
6 Businesses, Women's Business Enterprises, and Labor Surplus Area Firms.
Do you ever anticipate the possibility of subcontracting any of your work under this award if you are successful?
If you respond "Yes", you must respond to the following attribute question accurately. If you respond "No", you may
skip the following attribute question.
NO
Page 30 of 31 pages Vendor: Dealers Electrical supply 230502
9 2 CFR Part 200 or Federal Provision - If "Yes" Response to Above Attribute - Continued -
7 Subcontracting and Affirmative Steps for Small and Minority Businesses, Women's Business
Enterprises, and Labor Surplus Area Firms.
Only respond to this question if you responded "Yes" to the attribute question directly above. Skip this
question if you responded "No" to the attribute question directly above.
Does Vendor certify that it will follow the following affirmative steps? 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.
Does Vendor certify?
Yes, Vendor certifies
9 ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY
$ By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by
Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on
behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers.
Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not
limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s).
Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this
solicitation.
Page 31 of 31 pages Vendor: Dealers Electrical supply 230502
EXHIBIT B
TIPS VENDOR AGREEMENT
TiPS RFP 230502 Electrical and Plumbing Supplies and Equipment
The following Vendor Agreement ("Agreement") creates a legal agreement between The Interlocal Purchasing System ("TIPS"), a
government purchasing cooperative and Department of Texas Region 8 Education Service Center and (INSERT ENTITY NAME):
Dealers Electrical Supply
(�NT�R �NTITY NAM�]
its owners, agents, subsidiaries, and affiliates (together, "Vendor") (individually, "Party", and collectively the "Parties") and this
agreement shall exclusively govern the contractual relationship ("Agreement") between the Parties.
TIPS, a governmental entity and a national purchasing cooperative seeks to provide a valuable and necessary solution to public entities
and qualifying non-profits by performing the public procurement solicitation process and awarding compliant conn•acts to qualificd
vendors. Then, where the law of a customer's jurisdiction allows, instead of public entities and qualifying non-profits expending time,
moncy, and resourccs on thc cxtcnsivc public procurcmcnt proccss, thc usc of TIPS allows public cntitics to quickly scicct and purchase
their preferred products or services from qualified, competitively evaluated vendors through cooperative purchasing.
1. Purpose. The purpose of this Agreement is to identify the terms and conditions of the relationship between TIPS and Vendor. Public
entities and qualifying non-profits that properly join or utilize TIPS ("TIPS Members") may elect to "piggyback" off of TIPS'
procurements and agreements where the laws of their jurisdiction allow. TIPS Members are not contractual parties to this Agreement
although terms and conditions of this Agreement may ensure benefits to TIPS Members.
2. Authority. The Parties agree that the signatories below are individual authorized to enter into this Agreement on behalf of their entity
and that they are acting under due and proper authority under applicable law.
3. Definitions.
a. T1PS Pricing: The specific pricing, discounts, and other pricing terms and incentives which Vendor submitted and
TiE'S approved for each respective TIPS Contract awarded to Vendor and all permissible, subsequent pricing updates
submitted by Vendor and accepted by TIPS, if any.
b. Authorized Reseller: A reseller or dealer authorized and added by a Vendor through their online TIPS Vendor Portal
to make TIPS sales according to the terms and conditions herein.
4. Entire Agreement. This Agreement resulted from TIl'S posting a"TIPS Solicitation" (RFP, RCSP, RFQ, ar other) and Vendor
submitting a proposal in response to that posted TIPS Solicitation for evaluation and award. The Parties agree that this Agreement
consists of the provisions set forth herein and: (1) The TIPS solicitation document resulting in this Agreement; (2) Any addenda or
clarifications issued in relation to the TiPS solicitation; (3) All solicitation information provided to Vendor by TTPS through the TiPS
eBid System; (3) Vendor's entire proposal response to the TiPS solicitation including all accepted required attachments, acknowledged
notices and certifications, accepted negotiated terms, pricing, accepted responses to questions, and accepted written clarifications of
Vendor's proposal, and; any properly included attachments to this Agreement. All documentation and information listed is hereby
incorporated by reference as if set forth herein verbatim. In the event of conflict between the terms herein and one of the incorporated
documents the terms and conditions herein shall control.
5. Vendor's Specific Warranties, Terms, and License Agreements. Because TIPS serves public entities and non-profits throughout
the nation all of which are subject to specific laws and policies of their jurisdicrion, as a matter of standard practice, TIPS does not
typically acccpt a Vcndor's specific "Salc Tcrms" (warrantics, liccnsc agrccmcnts, master agrccmcnts, tcrms and conditions, etc.) on
behalf of all TTPS Members. TTPS may permit Vendor to attach those to this Agreement to display to interested customers what terms
may apply to their Supplemental Agreement with Vendor (if submitted by Vendor far that purpose). However, unless this term of the
Agreement is negotiated and modified to state otherwise, those specific Sale Terms are not accepted by TiPS on behalf of all TIPS
Members and each Member may choose whether to accept, negotiate, or reject those specific Sale Terms, which must be reflected in a
separate agreement between Vendor and the Member in order to be effective.
6. Vendor identity and Contact information. [t is Vendor's sole responsibility to ensure that all identifying vendor information (name,
ETN, d/b/a's, etc.) and contact information is updated and current at all times within the TTPS eBid System and the TiPS Vendor Portal.
It is Vcndor's solc responsibility to confirm that all o-correspondcncc issucd from tips-usa.com, ionwavc.nct, and tipsconstruction.com
TIPS Vendor Agreement Page 1
to Vendar's contacts are received and are not blocked by firewall or other technology security. Failure to permit receipt of
correspondence from these domains and failure to keep vendor idcntity and contact information current at all times during the life of
the contract may cause loss of TIPS Sales, accumulating TIPS fees, misscd rebid opporiunities, lapse of TIPS Cont�-act(s), and
unnccessary collection or lcgal actions against Vendor. It is no defensc to any of thc faregoing ar any breach of this Agreement that
Vendor was not receiving TIPS' electronic communications issued by TIPS to Vendor's listed contacts.
7. Initiation of TIPS Sales. Whcn a public entity initiates a purchase with Vendor, if the Member inquires verbally or in writing whether
Vendor holds a TIPS Contract, it is the duty of the Vendor to verify whether the Member is seeking a TIPS purchase. Once verified,
Vendor must include the TIPS Contract Number on all purchase communications and sales documents cxchanged with the TIPS
Member.
8. TIPS Sales and Supplemental Agreements. The terms of the spccific TIPS ordcr, including but not limitcd to: shipping, frcight,
insurance, delivcry, fees, bonding, cost, delivery expcctations and location, rcturns, rofunds, terms, conditions, cancellations, order
assistance, etc., shall be controlled by the purchase agreement (Purchase Order, Contract, Invoice, etc.) (hereinafter "Supplemental
Agreement") entered into between the TIPS Member Customer and Vendor only. TIPS is not a party to any Supplemental Agreement.
All Supplemental Agreements shall include Vendor's Name, as known to TIPS, and TIPS Contract Name and Number. Vendor accepts
and understands that TTPS is not a legal party to TIPS Sales and Vendor is solely responsible for identifying fraud, mistakes,
unacceptable terms, or misrepresentations for the specitic ordcr prior to acccpting. Vcndor agrccs that any order issued from a customer
to Vendor, even when processed through TIPS, constitutes a legal contract betwccn the customer and Vendor only. When Vendor
accepts or fulfills an order, even when processed through TIPS, Vendor is representing that Vendor has carefully reviewed the arder
for legality, authenticity, and accuracy and TIPS shall not be liable ar responsible for the same. In the event of a conflict between the
terms of this TIPS Vendor Agreement and those contained in any Supplemental Agreement, the provisions set forth herein shall control
unless otherwise agreed to and authorized by the Parties in writing within the Supplemental Agreement.
9. Right of Refusal. Vendor has the right not to sell to a TIPS Member under the awarded agreement at Vendor's discretion unless
otherwise required by law.
10. Reporting TIPS Sales. Vendor must report all TIPS Sales to TIPS. If a TIPS sale is iniriated by Vcndor recciving a TIPS Member's
purchase order from TIPS directly, Vendor may consider that specific TIPS Sale reported. Otherwise, with the exception of TIPS
Automated Vendors, who have signed an exclusive agreement with TIPS regarding reporting, all TIPS Sales must be reported to TIPS
by either: (1) Emailing the purchase order or similar purchase document (with Vendor's Namc, as known to TTPS, and thc TTPS
Contract Name and Number included) to TIPS at tit�spo(c�tit�s-usa.com with "Coniirmation Only" in the subject line of the email within
three business days of Vendor's acceptance of the order, or; (2) Within 3 business days of the order being accepted by Vendor, Vendor
must login to the TTPS Vendor Portal and successfully self-report all necessary sale information within the Vendor Portal and confirm
that it shows up accurately on your current Vendor Portal statement. No other method of reporting is acceptable unless agreed to by
the Parties in writing. Failure to report all sales pursuant to this provision may result in immediate cancellation of Vendor's TTPS
Conn•act(s) for causc at TIPS' sole discrction. Plcasc refer to the TIPS Accountin� FAQ's for more information about reporting sales
and if you have further questions, contact the Accounting Team at accountin��tius-usa.com.
11. TTPS Administration Fees. The collection of administrative fees by TIPS, a government entity, for performance of these procurement
services is required pursuant to Texas Government Code Section 791.O11 et. seq. The administration fee ("TIPS Administration Fee")
is the amount legally owed by Vendor to TTPS for TiPS Sales made by Vendor. The TiPS Administration Fee amount is typically a
set perccntagc of thc amount paid by the TIPS Mcmber for each TIPS Salc, less shipping cost, bond cost, and taxes if applicablc and
idcnrifiable, which is lcgally due to TIPS, but thc exact TIPS Administration Fee for this Contract is published in the corresponding
solicitation and is incorporated herein by reference. TIPS Administration Fees are due to TIPS immediately upon Vendor's receipt of
payment, including partial payment, for a TiPS Sale. The TiPS Administration Fee is assessed on the amountpaid by the TiPS Member,
not on the Vendor's cost or on the amount for which the Vendor sold the item to a dealer or Authorized Reseller. Upon receipt of
payment for a TiPS Sale, including partial payment (which renders TiPS Administration Fees immediately due), Vendor shall issue to
TIPS thc corresponding TIPS Administration Fcc paymcnt as soon as possiblc but not later than thirry-onc calcndar days following
Vendor's receipt of payment. Vendor shall pay TIPS via check unless otherwise agreed to by the Parties in writing. Vendor shall
include clear documentation with the issued payment dictating to which sale(s) the amount should be applied. Vendor may create a
payment report within their TTPS Vendor Portal which is the preferred documentation dictating to which TTPS Sale(s) the amount
should be applied. Failure to pay all TTPS Administration Fees pursuant to this provision may result in immediate cancellation of
Vendor's TIPS Contract(s) for cause at TIPS' sole discretion as well as the initiation of collection and legal actions by TIPS against
Vendor to the extent permitted by law. Any overpayment of participation fees to TIPS by Vendor will be refunded to the Vendor
within ninety (90) days of receipt of notification if TIPS receives written norification of the overpayment not later than the expiration
of six (6) months from the date of overpaymcnt and TIPS dctermincs that thc amount was not lcgally duc to TIPS pursuant to this
agreement and applicable law. Any notification of overpayment received by TIPS after the expiration of six (6) months from the date
that TIPS received the payment will render the overpayment non-refundable. Region 8 ESC and TIPS reserve the right to extend the
TIPS Vcndor Agreement Page 2
six (6) month deadline if approved by the Region 8 ESC Board of Directors. TIPS reserves all rights under the law to collect TIPS
Administration Fees due to TIPS pursuant to this Agreement.
12. Term of the Agreement. This Agrccment with TIPS is for approximately three years with a one-year, consccutive option for rcncwal
as described herein. Renewal options are not automatic and shall only be effective if offered by TIPS at its sole discretion. If T[PS
offers a renewal option, the Vendor will be notified via email issued to Vendor's then-listed Primary Contact. The renewal option shall
be deemed accepted by Vendor unless Vendor notifies TTPS of its objection to the renewal option in writing and confirms receipt by
TIPS.
Actual Effective Date: Agreement is effective upon signature by authorized representatives of both Parties. The Effective Date does
not affcct the "Term Calculation Start Date."
Term Calculation Start Date: To keep the contract term consistent for all vendors awarded under a single TIPS contract, Vendor
shall calculate the foregoing term as starting on the last day of the month that "Award Notifications" are anticipated as published in the
Solicitation, regardless of the actual Effective Date.
Example of Term Calculation Start Date: If the anticipated "Award Date" published in the Solicitation is May 22, 2023, but extended
negotiations delay award until June 27, 2023 (Actual Effective Date), the Term Calculation Start Date shall be May 31, 2023 in this
examplc.
Contract Expiration Date: To keep the contract term consistent for all vendors awarded under a single TIPS contract, the tertn
expiration date shall be three-years from the Term Calculation Start Date.
Example of Contract Expiration Date: If the anticipated "Award Date" published in the Solicitation is May 22, 2023, but extended
negotiations delay award until June 27, 2023 (Actual Effective Date), the Term Calculation Start Date shall be May 31, 2023 and the
Contract Expiration Date of the resulting initial "three-year" term, (which is subject to an extension(s)) will be May 31, 2026 in this
example.
Option(s) for Renewal: Any option(s) for renewal shall begin on the Contract Expiration Date, ar the date of the expiration of the
prior renewal term where applicable, and continue for the duration specified for the renewal option herein.
Example of Option(s) for RenewaL• In this example, if TIPS offers a one-year renewal and the Contract Expiration Date is May 31,
2026, then the one-year renewal is effective from May 31, 2026 to May 31, 2027.
T1PS may offer to extend Vendor Agreements to the fullest extent the TIPS Solicitation resulting in this Agreement permils.
13. TIPS Pricing. Vendor agrces and understands that for each TIPS Contract that it holds, Vendor submittcd, agreed to, and received
TIPS' approval for specific pricing, discounis, and other pricing Lerms and incentives which make up Vendor's TIPS Pricing far that
T1PS Contract ("TIPS Pricing"). Vendor confirms thal Vendor will not add the TIPS Administration Fee as a charge ar line-ilem in a
TIPS Sale. Vendor hereby certifies that Vendar shall only offer goods and seivices through this TIPS Contract if those goods and
services are includcd in or added to Vcndor's TIPS Pricing and approvcd by TIPS. TIPS rescrvcs thc right to rcvicw Vendor's pricing
updatc rcqucsts as spccifically as linc-itcm by lino-itcm to dctcrminc compliancc. Howevcr, Vcndor contractually agrccs that all
submitted pricing updates shall be within the original terms of the Vendor's TIPS Pricing (seope, proposed discounts, price increase
limitations, and other pricing terms and incentives originally proposed by Vendor) such that TIPS may accept Vendors price increase
requests as submitted without additional vetting at TIPS discretion. Any pricing quoted by Vendor to a TIPS Member or on a TIPS
Quote shall never exceed Vendor's TIPS Pricing for any good or service offered through TIPS. TIPS Pricing price increases and
modifications, if permitted, will be honored according to the terms of the solicitation and Vendor's proposal, incorporated herein by
reference.
14. Indemnification of TIPS. VE�VDOR AGREES TO INDEMnIFY, HOLD HARVILESS, AND DEFEND TIPS, TIPS ME�VIBERS, TIPS
OFFICERS, TIPS EVIPLOYEES, TIPS DIRECTORS, AVD TIPS TRUSTEES (THE "TIPS INDEMv1TEES") FROM AND AGA1nST ALL
CLAIMS AND SUITS BY THIRD-PARTIF,S FOR DAMACF.S. INJURIF.S TO PF,RSOVS (INCLI;DINC DF,ATH), PROPF,RTY DAMAGF,S, LOSSF.S,
EXPEVSES, FEES, INCLUDING COURT COSTS, ATTORNEY'S FEES, AND EXPERT FEES, ARISING OUT OF OR RELATIVG TO VENDOR'S
PERFORMAVCE U\DER THIS AGREEMEVT (INCLUDIVG THE PERFORVIANCE OF VEnDOR'S OFFICERS, EMPLOYEES, AGEVTS,
AUTHORIZED RESELLERS, SUBCONTRACTORS, LICENSEES, OR INVITEES), REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION,
INCLUD1nG WITHO�T LI_V1ITATION CAUSES OF ACTlOn BASED UPON COMMOv, CONSTITUT10nAL, OR STATI;TORY LAW OR BASED IN
WHOLE OR ln PART UPOv ALLEGAT10vS OF NEGLIGEVT OR 1NTEVTIONAL ACTS OR OVIISS10n5 ON THE PART OF VEnDOR, ITS
OFFICF,RS, F,MPLOYF.F,S, AGF.NTS, AUTHORI"/,F,D RF.SF.LLF,RS, SUBCONTRACTORS, LICF,NSF,F.S, OR InVITF.F,S. NO LiMiTATiON OF
LIABiLiTY FOR DAMAGES FOR PERSOVAL iNJURY OR PROPERTY DAMAGE ARE PERMiTTED OR AGREED TO
BY TIPS. APART TROM THIS INDEMNIFICATIOv PROVISION REOUIRInG IVDEMVIFICATIOn OF THE TIPS IvDEVINITEES'
ATTOI2nEY'S FEES AS SET FORTH ABOVE, RECOVERY OF ATTORNEYS' FEES BY THE PREVAILING PARTY IS AUTHORIZED ONLY 1F
AUTHORIZED BY TEX. EDUC. CODE � 44.032(Fl.
TIPS Vendor Agreement Page 3
15. Indemnification and Assumption of Risk — Vendor Data. VENDOR AGREES THAT IT IS VOLUNTARILY PROVIDING DATA
(INCLUDIPG BtiT NOT LIMITED TO: VENDOR INFORMATION, VEnDOR DOCUMEPTATIOv, VENDOR'S PROPOSALS, VENDOR PRICING
SUBMITTED OR PROVIDED TO T1PS, TIPS COVTRACT DOCUVIENTS, TIPS CORRESPONDEnCE, VEPDOR LOGOS AND IMAGES,
VENDOR'5 COnTACT INI+ORMATIO�T, VENDOR'5 BROCHURE5 AND COMMERCIAL I�TFORMATIO�T, VENDOR'5 FINANC[AL
INFORMATiON, VENDOR'S CERTTFiCATIOnS, A�TD A�TY OTHER VE�TDOR I�TFORVIATiON OR DOCUMENTATION, INCLUDiNG WITHOUT
LI�IITATiO�T SOFTWARE AnD SOURCE CODE UTILIZED BY VENDOR, SUBMiTTED TO TIPS BY VE�TDOR AND ITS AGENTS) ("VEnDOR
DATA") TO TIPS. FOR THE SAKE OF CLARITY, APD WITHOUT LIMTTInG THE BREADTH OF THE IVDEVINITY OBLIGATIONS IN
SECTION 14 ABOVE, VENDOR AGREES TO PROTECT, IPDEMNIFY, AnD HOLD THE TIPS InDEVINITEES HARMLESS FROM AND AGAINST
ANY AVD ALL LOSSES, CLAIMS, ACTIOVS, DEVIAVDS, ALLEGATIOVS, SUITS, JUDGMENTS, COSTS, EXPEnSES, FEES, INCLtiDIVG COURT
COSTS, ATTORnEY'S FEES, AND EXPERT FEES AND ALL OTHER LIABILITY OF A�TY NATURE WHATSOEVER ARISING OUT OF OR
RELATI�TG TO: (I) ANY U�TAUTHORIZED, �TEGLIGE�TT OR WRO�TGFUL USE OF, OR CYBER DATA BREACH INCIDE�TT A�TD VIRUSES OR
OTHER CORRUPTI�TG AGE�TTS inVOLVinG, VE\DOR'S DATA, PRiCiNG, AND iNFORMATiON, COVIPUTERS, OR OTHER HARDWARE OR
SOFTWARE SYSTEMS, AND; (II) ALLEGATTOVS OR CLAIMS THAT ANY VEnDOR DATA IPFRI\GES ON THE I\TELLECTUAL PROPERTY
RIGHTS OF A THIRD-PARTY OR VENDOR.
16. Procedures Related to Indemnification. In the event that an indemnity obligation arises, Vendor shall pay all amounts set forth in
Section 14 and 15 above (including any settlemcnts) and — if it has accepted its indcmnity obligation without qualification — control
the legal dcfense to such claim or cause of action, including without limitation attorncy selcction, strategy, discovery, h-ial, appeal, and
settlement, and TIPS shall, at Vendor's cost and expense (with respect to reasonable out of pocket costs and expenses incurred by TIPS
which shall be reimbursed to TIE'S by Vendor), provide all commercially reasonable assistance requested by Vendor. In controlling
any defense, Vendor shall ensure that all assertions of governmental immunity and all applicable pleas and defenses shall be promptly
asserted.
17. Indemnity for Underlying Sales and Supplemental Agreements. Vendor shall be solely responsible for any customer claims or any
disputes arising out of TIPS Sales or any Supplemental Agreement as if sold in the open-market. The Parties agree that TIPS shall not
be liable for any claims arising out of Vendor's TIPS Sales or Supplemental Agreements, including but not limited to: allegations of
product defect or insufficiency, allegations of service defect or insufficiency, allegations regarding delivery defect or insufficiency,
allegations of fraud or misrepresentation, allegations regarding pricing or amounts owed for TTPS sales, and/or allegations regarding
payment, over-payment, under-payment, or non-payment for TIPS Sales. Payment/Drafting, overpayment/over-drafting, under-
payment/under-drafting, or non-payment for TIPS Sales between customer and Vendor and inspections, rejections, or acceptance of
such purchases shall be the exclusive respective obligations of Vendar/Customer, and disputes shall be handled in accordance with the
terms of the underlying Supplemental Agreement(s) entered into between Vendor and Customer. Vendor acknowledges ihat TIPS is
not a dealer, subcontractor, agent, or reseller of Vendor's goods and services and shall not be responsible for any claims arising out of
alleged insufficiencies or defects in Vendor's goods and services, should any arise.
18. Confidentiality of Vendor Data. Vendor understands and agrees that by signing this Agreement, all Vendor Data is hereby released
to TIPS, T1PS Members, and TIPS third-party administrators to effectuate Vendor's TIPS Contract except as provided for herein. The
Parties agree that Vendor Data is accessible by all TIPS Members as if submitted directly to that TIPS Member Customer for purchase
consideration. If Vendor otherwise considers any portion of Vendar's Data to be confidential and not subject to public disclosure
pursuant to Chapter 552 Texas Godt Code (the "Public Information Act") or other law(s) and arders, Vendor must have identified the
claimed confidential materials through proper execution of the Confidentiality Claim Form which is required to be submitted as part
of Vendor's proposal resulting in this Agreement and incorporated by reference. The Confidentiality Claim Form included in Vendor's
proposal and incorporated herein by reference is the sole indicator of whether Vendar considers any Vendar Data confidential in the
event TIPS receives a Public lnformation Rcqucst. If T1PS receives a requcst, any responsivc documentation not deemcd confidenrial
by you in this manner will be automatically released. For Vendor Data deemed confidential by you in this manner, 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, including Attorney General determination and opinion. In the event that TIPS receives a written request for information
pursuant to the Public Tnformation Act that affects Vendor's interest in any information or data furnished to TTPS by Vendor, and TTPS
requests an opinion from the Attorney General, Vendor may, at its own option and expense, prepare comments and submit information
directly to the Attorney Gencral stating why the requcstcd information is exempt from disclosure pursuant to thc requirements of the
Public Information Act. Vendar is solely responsible for submitting the memorandum brief and information to the Attorney General
within the time period prescribed by the Public Information Act. Notwilhstanding any other informalion provided in Lhis solicitation
or Vendor designation of certain Vendar Data as confidential or proprietary, Vendor's acceptance of this TTPS Vendor Agreement
constitutes Vendor's consent to the disclosure of Vendor's Data, including any information deemed confidential or proprietary, to TTPS
Members or as ordered by a Court or government agency, including without limitation the Texas Attorney General. Vendor agrees
that TiPS shall not be responsible or liable for any use or distribution of information or documentation by TiPS Members or as required
by law.
TIPS Vendor Agreement Page 4
19. Vendor's Authorized Resellers. TIPS recognizes that many vendors operate in the open market through the use of resellers or dealers.
For that reason, TIPS permits Vendor to authorize Authorized Resellers within its Vendor Portal and make TIPS Sales through the
Authorized Rcseller(s). Once authorizcd by Vendor in the Vendor Portal, the Authorized Reseller(s) may make TIPS sales to TIPS
Mcmbers. Howcver, all purchase documcnts must include: (1) Authorized Reseller's Name; (2) Vendor's Name, as known to TIPS,
and; (3) Vendor's TIPS Contract Name and Number under which it is making the TIPS Sale. Either Vendar or Reseller may report the
sale pursuant to the terms herein. However, Vendor agrees that it is legally responsible for all reporting and fee payment as described
herein for TIPS Sales made by Authorized Resellers. The TIPS Administration Fee is assessed on the amount paid by the TIPS
Member, not on the Vendor's cost or on thc amount for which the Vendar sold thc itcm to a dcalcr or Authorized Reseller. The Parties
intend that Vendor shall be responsible and liable for TIPS Sales made by Vendor's Authorized Rescllcrs. Vendor agrees that it is
voluntarily authorizing this Authorized Reseller and in doing so, Vendor agrees that it is doing so at its own risk and agrees to protect,
indemnify, and hold TIPS harmlcss in accordance with Sections 14-17 above related to Authorized Rescller TIPS Salcs made pursuant
to this Agreement ar purporting to be made pursuant to this Agreement that may be asserted against Vendor whether rightfully brought
ar otherwise. The Parties further agree that it is no defense to Vendor's breach of this Agreement that an Authorized Reseller caused
Vendor of breach this Agreement.
20. Circumvention of TIPS Sales. When a public entity initiates a purchase with Vendor, if the Member inquires verbally or in writing
whether Vendor holds a TIPS Contract, it is the duty of the Vendor to verify whether the Member is sceking a TIPS purchase. Any
request for quote, customer communication, or customer purchase initiated through or referencing a TIPS Contract sball be completed
through TIPS pursuant to this Agreement. Any encouragement or participation by Vendor in circumventing a TIPS sale being
completed may result in immediate termination of Vendor's TIPS Contract(s) for cause as well as preclusion from future TIPS
opportunities at TIPS sole discretion.
21. State of Texas Franchise Tax. By signature hereon, Vendor hereby certifies that Vendor is not currently delinquent in the payment
of any franchise taxes owed to the State of Texas under Chapter 171 of the Texas Tax Code.
22. Termination.
A� Termination for Convenience. TTPS may, by written notice to Vendor, terminate this Agreement for convenience,
in wholc ar in part, at any rimc by giving thirty (30) days' writtcn noticc to Vcndor of such tcrmination, and
spccifying thc cffcctivc datc thcreof.
B� Termination for Cause. If Vendor fails to materially perform pursuant to the terms of this Agreement, TIPS shall
provide written notice to Vendor spccifying the default. If Vendor does not cure such default within thirty (30)
days, TIPS may terminate this Agreement, in whole or in part, for cause. If TIPS terminates this Agreement for
cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically
be converted to and treated as a termination for convenience.
C� Vcndor's Tcrmination. If TIPS fails to materially perform pursuant to thc terms of this Agreement, Vendor shall
provide written notice to TIPS specifying the default (`Notice of Default"). If TIPS does not cure such default
within thirty (30) days, Vendor may terminate this Agreement, in whole or in part, for cause. If Vendor
terminates this Agreement for cause, and it is later determined that the termination for cause was wrongful, the
termination shall automatically be converted to and treated as a termination far convenience.
D) Upon termination, all TIPS Sale orders previously accepted by Vendor shall be fulfilled and Vendor shall be
paid for all TIPS Sales executed pursuant to the applicable terms. All TIPS Sale orders presented to Vendor but
not fulfilled by Vendor, prior to the actual termination of this agreement shall be honored at the option of the
TIPS Member. TIPS shall submit to Vendor an invoice for any outstanding TIPS Administration Fees and
approved expenses and Vendor shall pay such fees and expenses within 30 calendar days of receipt of such valid
TIPS invoice. Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS' sole
discretion and that any Vendor may be removed from the TIPS program at any time with or without cause. This
termination clause does not affect TIPS Sales Supplemental Agreements pursuant to this term regarding
tertnination and the Survival Clause term.
E� Vendar hereby waives any and all claims for damages, including, but not limited, to consequential damages or
lost profits, that might arise from TIPS' act of terminating this Agrcement.
23. Survival Clause. It is the intent of the Parties that this Agreement and procurement method applies to any TIPS Sale made during the
life of this Agreement even if made on or near the Contract Expiration Date as defined herein. Thus, all TIPS Sales, including but not
TIPS Vendor Agreement Page 5
limited to: leases, service agreements, license agreements, open purchase orders, warranties, and contracts, even if they extend months
ar years past the TIPS Contract Expiration Date, shall survive the expiration or termination of this Agreemcnt subject to the terms and
conditions of the Supplemental Agreement between Customer and Vendor or unless otherwise specified herein.
24. Audit Rights. Due to transparency statutes and public accountability requirements of TIPS and TIPS Members, Vendor shall at their
sole expense, maintain documentation of all TIPS Sales far a period of three years from the time of the TIPS Sale. In order to ensure
and confirm compliance with this agreement, TIPS shall have authority to conduct audits of Vendor's TIPS Pricing or TIPS Sales with
thirty-days' notice unless the audit is ordered by a Court Order or by a Governmcnt Agency with authority to do so without said notice.
Notwithstanding the foregoing, in the event that T1PS is madc aware of any pricing bcing offered to eligible entities that is materially
inconsistent with Vendor's TIPS Pricing, TIPS shall have the ability to conduct the audit internally or may engage a third- party auditing
firm to investigate any possible non-compliant conduct or may terminate the Agreement according to the terms of this Agreement. In
the event of an audit, the requested materials shall be reasonably provided in the time, format, and at the location acceptable to TIPS.
TIPS agrees not to perform a random audit the TIPS transaction documentation more than once per calendar year, but reserves the right
to audit for just cause or as required by any governmental agency or court with regulatory authority over TIPS or the TIPS Member.
Thcse audit rights shall survivc termination of this Agreement for a period of one (1) year from the effective date of termination.
25. Conflicts of Interest. The Parties coniirm that they have not offered, given, or accepted, nor intend to give at any time hereafter any
economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, service to the other in connection with this
Agreement. Vendor affirms that, to the best of Vendor's knowledge, this Agreement has been arrived at independently, and is awarded
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 Agrccment. Vendor agrees that it has disclosed any necessary affiliations with
Region 8 Education Service Center and the TIPS Deparhnent, if any, through the Conflict of Interest attachment provided in the
solicitation resulting in this Agreement.
26. Volume of TIPS Sales. Nothing in this Agreement or any TIPS communication may be construed as a guarantee that TIPS or TIPS
Members will submit any TIPS orders to Vendar at any time.
27. Compliancc with thc Law. The Parties agree to comply fully with all applicable federal, state, and local statutes, ordinances, rules,
and regulations applicable to their entiry in connection with the programs contemplated under this Agreement.
28. Severability. If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be invalid, void, or
unenforceable, then such term(s) or provision(s) shall be deemed restated to reflect the original intention of the Parties as nearly as
possible in accordance with applicable law and the remainder of this Agreement, and the remainder of the provisions of this Agreement
shall remain in full force and effect and shall in no way be affected, iimpaired or invalidated, unless such holding causes the obligations
of the Parties hereto to be impossible to perform or shall render the terms of this Agreement to be inconsistent with the intent of the
Parties hereto.
29. Force Majeure. If by reason of Force Maj eure, either party hereto shall be rendered unable wholly or in part to carry out its obligations
under this Agreement through no fault of its own 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. Upon delivering such notice, the obligation
of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the
inability thcn claimcd but for no longcr period, and such party shall cndcavor to rcmovc or overcomc such inability with all rcasonable
dispatch. In thc cvcnt that Vcndor's obligations are suspcnded by rcason of Force Majcurc, all TIPS Sales acccptcd prior to the Farce
Majeure event shall be the legal responsibility of Vendar and the terms of the TIPS Sale Supplemental Agreement shall control
Vendor's failure to fulfill for a Force Majeure event.
30. Immunity. Vendor agrecs that nothing in this Agrccmcnt shall be construcd as a waiver of sovercign or govcrnmcnt immunity; nor
constitute or be construcd as a waivcr of any of the privileges, rights, defenses, rcmcdics, or immunitics availablc to Region 8 Education
Scrvicc Center or its TIPS Departmcnt. The failurc to enforce, ar any delay in thc enforcemcnt of, any privilcges, rights, defcnses,
remcdics, or immunirics availablc to Region 8 Education Scrvicc Centcr or its TIPS Dcpartmcnt under this Agreement ar under
applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immuniYies or be considered as a basis for
estoppel.
31. Insurance Requirements. Vendor agrees to maintain the following minimum insurance requirements for the duration of this
Agreement. All policies held by Vendor to adhere to this term shall be written by a carrier with a financial size categary of VII and at
leasl a rating of "A-" by A.M. Best Key Rating Guide. The coverages and limits are to be considered minimum requirements and in
no way limit thc liability of the Vendor(s). Any immunity availablc to TIPS or TIPS Members shall not bc used as a dcfcnse by the
contractor's insurance policy. Only dcductibles applicablc to property damagc are acccptable, unlcss proof of rctcntion funds to cover
said deductibles is providcd. "Claims madc" policics will not bc acccpted. Vcndor's rcquircd minimum covcragc shall not be suspended,
TIPS Vendor Agreement Page 6
voided, cancelled, non-renewed or reduced in coverage or in ]imits 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 pcnding dclivery of an ordcr is ongoing. Upon request, ccrtiiied copies of all insurance policies shall be furnishcd
to the TIPS or thc TIPS Membcr. Vcndor agrees that whcn Vendor or its subcontractors arc liable for any damages or claims, Vendor's
policy, shall be primary over any other valid and collectible insurance carried by the Member ar T[PS.
General Liability: S1,000,000 each Occurrence/Aggregate
Automobile Liability: $300,000 Includes owned, hired & non-owned
Workcrs' Compensation: Statutory limits for the jurisdiction in which the Vendor performs under this Agreement. If Vendor performs
in multiple jurisdictions, Vendor shall maintain the statutory limits for the jurisdiction with the greatest dollar
policy limit requircment.
Umbrella Liability: $1,000,000 each Occurrence/Aggregate
32. Waiver. No waiver of any single breach or multiple breaches of any provision of this Agreement shall be construed to be a waiver of
any breach of any other provision. No delay in acting regarding any breach of any provision shall be construed to be a waiver of such
breach.
33. Binding Agreement. This Agreement shall be binding and inure to the benefit of the Parties hereto and their respective heirs, legal
successors, and assigns.
34. Headings. The paragraph headings contained in this Agreement are included solely for convenience of reference and shall not in any
way affect the meaning or interpretation of any of the provisions of this Agreement.
35. Choice of Law and Venue. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State
of Texas. Any proceeding, claim, action, or alternative dispute resolution arising out of or relating to this Agreement or involving TIPS
shall be brought in a State Court of competent jurisdiction in Camp County, Texas, or if Federal Court is legally required, a Federal
Court of competent jurisdiction in the Eastern District of 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 and contemplated transaction in any other court.
The Parties agree that eithcr or both of them may file a copy of this paragraph with any court as writtcn 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.
36. Relationship of the Parties. Nothing contained in this Agreement shall be construed to make one Party an agent of the other Party
nor shall either party have any authority to bind the other in any respect, unless expressly authorized by the other party in writing. The
Parties are independent contractors and nothing in this Agreement creates a relationship of employment, trust, agency or partnership
between them.
37. Assignment. No assignment of this Agreement or of any duty or obligation of performance hereunder, shall be made in whole or in
part by a Party hereto without the prior written consent of the other Party. Written consent of TiPS shall not be unreasonably withheld.
38. Minimum Condition and Warranty Requirements for TIPS Sales. All goods quoted or sold through a TIPS Salc shall bc new
unless clearly stated otherwise in writing. All new goods and services shall include the applicable manufacturers minimum standard
warranty unless otherwise agreed to in the Supplemental Agreement.
39. Minimum Customer Support Requirements for TIPS Sales. Vendor shall providc timcly and commcrcially reasonable support for
TIPS Salcs or as agrccd to in thc applicablc Supplcmcntal Agrccment.
40. Minimum Shipping Requirements for TIPS Sales. Vendar shall ship, deliver, or provide ordered goods and services within a
commcrcially rcasonablc timc aftcr acccptancc of thc ordcr. If a dclay in dclivery is anticipatcd, Vcndor shall norify thc TIPS Mcmbcr
as to why delivery is delayed and providc an updatcd estimatcd rimc for completion. Thc TIPS Member may cancel the order if the
delay is not commercially acceptable or not consistent with the Supplemental Agreement applicable to the order.
4l. Minimum Vendor Lieense Requirements. Vendor shall maintain, in current status, all federal, state, and local licenses, bonds and
permits required for the operation of the business conducted by Vendor. Vendor shall remain fully informed of and in compliance with
all ordinances and regulalions pertaining to lhe lawful provision of goods or services under the TIPS Agreement. TIPS and TIPS
Members reserve the right to stop wark and/or cancel a TIPS Sale ar terminate this or any T1PS Sale Supplemental Agreement involving
TIPS Vendor Agreement Page 7
Vendor if Vendor's license(s) required to perform under this Agreement or under the specific TIPS Sale have expired, lapsed, are
suspended or terminated subject to a 30-day cure period unless prohibited by applicable statue or rcgulation.
42. Minimum Vendor Legal Requirements. Vendor shall remain aware of and comply with this Agreement and all local, state, and
fedcral laws governing thc sale of products/services offered by Vendor under this contract. Such applicable laws, ordinances, and
policies must be complied with even if not specified herein.
43. Minimum Site Requirements for TIPS Sales (when applicable to TIPS Sale).
Clcanup: When performing work on site at a TIPS Member's property, Vendor shall clean up and remove all debris and rubbish resulting
from their work as required or directed by the 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: Vendor shall not begin a project for which a TIPS Member has not prepared the site, unless Vendor does the preparation
work at no cost, or until TIPS Member includes the cost of site preparation in the TIPS Sale 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, Vendor agrees that no employee of Vendor or 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. Vendor agrees that a violation of this condition shall be considered
a material breach and may result in the cancellation of the TIPS Sale at the TIPS Member's discretion. 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: 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. Vendar shall post waming 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, ordinances, and
policies.
44. Payment for TIPS Sales. TIPS Members may make payments for TIPS Sales directly to Vendor, Vendor's Authorized Rescller, or
as otherwise agreed to in the applicable Supplemental Agreement after receipt of the invoice and in compliance with applicable payment
statutes. Regardless of how payment is issued or received for a TIPS Sale, Vendor is responsible for all reporting and TIPS
Administration Fee payment requirements as stated herein.
45. Marketing. Vendor agrees to allow TIPS to use their name�ntl—�vgs ithin thc TIPS wcbsitc, database, marketing materials, and
advertisements unless Vendor negotiatcs this tcrm to include a specifi�'a �cptablc-use dircctive. Any use of TIPS' namc and logo or
any form of publicity, inclusive of press release, regarding this Agreement by Vendor must have prior approval from TiE'S which will
not be unreasonably withheld. Request may be made by email to ti�s�rz;tips-usa.com. For marketing efforts directed to TIPS Members,
Vendor must request and execute a separate Joint Marketing Disclaimer, at marketin��Ccutips-usa.com, before TIPS can release contact
information for TIPS Mcmbcr entities for the purpose of marketing your TIPS contract(s). Vendor must adhere to strict Marketing
Requirements once a disclaimer is executed. The Joint Marketing Disclaimer is a supplemental agreement specific to joint marketing
efforts and has no effect on the terms of the TiPS Vendor Agreement. Vendor agrees that any images, photos, writing, audio, clip art,
music, or any other intellectual property ("Property") or Vendor Data utilized, provided, or approved by Vendor during the course of
the joint marketing efforts are either the exclusive property of Vendor, or Vendor has all necessary rights, license, and permissions to
utilize said Property in the joint markcting efforts. Vendor agrees that thcy shall indemnify and hold harmless TIPS and its employces,
officers, agents, representatives, contractors, assignees, designees, and TIPS Membcrs from any and all claims, damages, and judgmcnts
involving infringement of patent, copyright, trade secrets, trade or services marks, and any other intellectual or intangible property
rights and/or claims arising from the Vendor's (including Vendor's officers', employees', agents', Authorized Resellers',
subcontractors', licensees', or invitees') unauthorized use or distribution of Vendar Data and Property.
46. Tax Exempt Status of TTPS Members. Most TIPS Members are tax exempt entities and the laws and regulations applicable to the
specific TIPS Mcmber customer shall control.
47. Automatic Renewal Limitation for TIPS Sales. No TIPS Sale may incorporate an automatic renewal clause that exceeds month to
month terms with which the TIPS Member must comply. All renewal terms incorporated into a TIPS Sale Supplcmcntal Agreement
TIPS Vendor Agreement Page 8
shall only be valid and enforceable when Vendor received written confirmation of acceptance of the renewal term from the TIPS
Member for the specific renewal term. The purpose of this clause is to avoid a TIPS Member inadvertently renewing an Agreement
during a period in which thc governing body of the TIPS Member has not properly appropriatcd and budgeted the funds to satisfy the
Agrccmcnt renewal. Any TIPS Salc Supplemental Agreement containing an "Automatic Renewal" clause that conflicts with these
terms is rendered void and unenforceable.
48. Choice of Law Limitation for TIPS Sales. Vendor agrees that if any °Choice of Law" provision is included in any TIPS Sale
agrccment/contract betwcen Vendor and a TIPS Mcmber, that clause must provide that the "Choice of Law" applicable to the TIPS
Sale agrcement/contract between Vendor and TIPS Member shall bc the state where thc TIPS Member operatcs unless thc TIPS
Membcr expressly agrees otherwise. Any TIPS Sale Supplemental Agreemcnt containing a"Choice of Law" clause that conflicts with
these terms is rendered void and unenforceable.
49. Venue Limitation for TIPS Sales. Vendor agrees that if any "Venue" provision is included in any TIPS Sale Agreement/contract
between Vendor and a TIPS Member, that clause must provide that the "Venue" for any litigation or alternative dispute resolution shall
be in the state and county where the TIPS Member operates unless the TIPS Member expressly agrees otherwise. Any TIPS Sale
Supplemental Agreement containing a"Venue" clause that conflicts with these terms is rendered void and unenforceable.
50. Indemnity Limitation for TIPS Sales. Texas and other jurisdictions restrict the ability of governmental entities to indemnify others.
Vendor agrees that if any "Indemnity" provision which requires the TIPS Member to indemnify Vendor is included in any TIPS sales
agreement/coniract between Vendor and a TIPS Member, that clause must either be stricken or qualified by including that such
indemniry is only permitted, "to the extent permitted by the laws and constitution of [TIPS Member's State]" unless the TIPS Member
expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing an "Indemnity" clause that conflicts with these terms
is rendered void and unenforceable.
51. Arbitration Limitation for TIPS Sales. Vendor agrees that if any "Arbitration" provision is included in any TIPS Sale
agreement/contract between Vendor and a TIPS Member, that clause may not require that the arbitration is mandatory or binding.
Vendor agrees that if any "Arbitration" provision is included in any TiPS Sale agreement/contract between Vendor and a TIPS Member,
that clause provides for only voluntary and non-binding arbitration unless the TiPS Member expressly agrees otherwise. Any TIPS
Sale Supplemental Agreement containing a"Arbitration" clause that conflicts with these terms is rendered void and unenforceable.
In Witness Whereof, the parties hereto, each acting under due and proper authority, have signed this Agreement.
TIPS Vendor Agreement Page 9
TIPS VENDOR AGREEMENT SIGNATURE
FORM TIPS RFP 230502 Electrical and Plumbing Supplies and Equipment
Dealers Electrical Supply CO.
Vendor Name:
P.O. Box 2676
Vendor Address:
Waco
City:
Vendor Authorized Signatory Name:
Vendor Authorized Signatory Title:
Chris Lanham
V.P. Administration
254-756-7251
Vendor Authorized Signatory Phone:
�.
clan ha@dealerselectrical.com
Vendor Authorized Signatory Email:
Vendor Authorized Signature:
State: TX
(The following is for 7/IPS completion only)
Dr. Fitts
TIPS Authorized Signatory Name:
Executive Director
TIPS Authorized Signatory Title:
76702
Zip Code:
6/8/23
Date:
TIPS Authorized Signature: ��� Y���y/�� �� Date:
7/31 /2023
TIPS Vendor Agreement Signature Form Page 1
�
�
230502
Dealers Electrical supply
Supplier Response
Event Information
Number: 230502
Title: Electrical and Plumbing Supplies and Equipment
Type: Request for Proposal
Issue Date: 5/4/2023
Deadline: 6/16/2023 03:00 PM (CT)
NOteS: This is a solicitation issued by The Interlocal Purchasing System (TIPS), a department of
Texas Region 8 Education Service Center. It is an Indefinite Delivery, Indefinite Quantity
("IDIQ") solicitation. It will result in contracts that provide, through adoption/"piggyback"
an indefinite quantity of supplies/services, during a fixed period of time, to TIPS public
entity and qualifying non-profit "TIPS Members" throughout the nation. Thus, there is no
specific project or scope of work to review. Rather this solicitation is issued as a
prospective award for utilization when any TIPS Member needs the goods or services
offered during the life of the agreement.
IF YOU CURRENTLY HOLDS TIPS CONTRACT 200502 ELECTRICAL AND PLUMBING
SUPPLIES AND EQUIPMENT �"200502"). YOU MUST RESPOND TO THIS SOLICITATION
TO PREVENT LAPSE OF CONTRACT UNLESS YOU HOLD ANOTHER CURRENT TIPS
CONTRACT THAT COVERS ALL OF YOUR PLUMBING AND/OR ELECTRICAL OFFERINGS.
THIS AWARDED CONTRACT WILL REPLACE YOUR EXPIRING TIPS CONTRACT 200502.
IF YOU HOLD ANOTHER TIPS CONTRACT OTHER THAN 200502 WHICH COVERS ALL OF
YOUR PLUMBING AND/OR ELECTRICAL OFFERINGS AND YOU ARE SATISFIED WITH IT.
THERE IS NO NEED TO RESPOND TO THIS SOLICITATION UNLESS YOU PREFER TO
Page 1 of 31 pages Vendor: Dealers Electrical supply 230502
HOLD BOTH CONTRACTS.
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 2 of 31 pages Vendor: Dealers Electrical supply 230502
Dealers Electrical supply Information
Contact: Doug Cameron
Address: 2320 Columbus
PO BOX 2676
WACO, TX 76701
Phone: (903) 593-7357
Email: dcamer@dealerselectrical.com
Web Address: www.dealerselectrical.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Doug Cameron
Signature
Submitted at 6/13/2023 06:36:37 AM (CT)
dcamer@dealerselectrical.com
Email
Requested Attachments
Vendor Agreement
tips2023Vendor Agreement.pdf
The Vendor Agreement must be downloaded from the "Attachments" section of the IonWave eBid System, reviewed,
Vendor Name placed in the line provided at the top, and uploaded to this location. If Vendor has proposed deviations
to the Vendor Agreement, Vendor may assert so in the Attribute Questions and those shall be addressed during
evaluation.
Pricing Form 1
230502 Pricing Form 1.xlsx
Pricing Form 1 must be downloaded from the "Attachments" section of the IonWave eBid System, reviewed, properly
completed as instructed, and uploaded to this location.
Alternate or Supplemental Pricing Documents
tips2023onlineinstruction.pdf
Optional. If when completing Pricing Form 1& Pricing Form 2 you direct TIPS to view additional, alternate, or
supplemental pricing documentation, you may upload that documentation.
Reference Form
2023tipsreferences.xls
The Reference Form must be downloaded from the "Attachments" section of the IonWave eBid System, reviewed,
properly completed, and uploaded to this location. The Reference Form must be uploaded in Excel format.
Required Confidentiality Claim Form
tips2023230502 Required
Confidentiality Claim Form.pdf
The Required Confidentiality Claim Form must be downloaded from the "Attachments" section of the IonWave eBid
System, reviewed, properly completed, and uploaded to this location. This is the only way for Vendor to assert
confidentiality of any information submitted.
Conflict of Interest Questionnaire - Form CIQ
tips2023COl.pdf
Do not upload this form unless you have a reportable conflict with TIPS. There is an Attribute entitled "Conflict of
Interest Questionnaire Requirement" immediately followed by an Attribute entitled "Conflict of Interest Questionnaire
Requirement — Form CIQ — Continued." Properly respond to those Attributes and only upload this form if
applicable/instructed. If upload is required based on your response to those Attributes, the Conflict of Interest
Questionnaire — Form CIQ must be downloaded from the "Attachments" section of the IonWave eBid System,
reviewed, properly completed, and uploaded at this location.
Vendor's Warranties, Terms, and Conditions (Supplemental Vendor tips 2023warranty.pdf
Information Only)
Optional. If Vendor would like to display any standard warranties, terms, or conditions which are often applicable to
their offerings for TIPS and TIPS Member Customer consideration, Vendor may upload those at this location. These
supplemental documents shall not be considered part of the TIPS Contract. Rather, they are Vendor Supplemental
Information for marketing and informational purposes only.
Page 3 of 31 pages Vendor: Dealers Electrical supply 230502
Supplemental Vendor Information (Supplemental Vendor Information tips 2023 proposed goods &
Only) services.pdf
Optional. If Vendor would like to display or include any brochures, promotional documents, marketing materials, or
other Vendor Information for TIPS and TIPS Member Customer consideration, Vendor may upload those at this
location. These supplemental documents shall not be considered part of the TIPS Contract. Rather, they are Vendor
Supplemental Information for marketing and informational purposes only.
Disclosure of Lobbying Activities - Standard Form - LLL
tips2023Disclosure of Lobbying
Activities - Standard Form -
LLL.pdf
Do not upload this form unless Vendor has reportable lobbying activities. There are Attributes entitled, "2 CFR Part
200 or Federal Provision - Byrd Anti-Lobbying Amendment — Continued." Properly respond to those Attributes and
only upload this form if applicable/instructed. If upload is required based on your response to those Attributes, the
Disclosure of Lobbying Activities — Standard Form - LLL must be downloaded from the "Attachments" section of the
IonWave eBid System, reviewed, properly completed, and uploaded to this location.
Current Form W-9
2023DEALERSW9.pdf
Vendor must upload their current IRS Tax Form W-9. The legal name, EIN, and d/b/a's listed should match the
information provided herein exactly. This form will be utilized by TIPS to properly identify your entity.
Certificates & Licenses (Supplemental Vendor Information Only) No response
Optional. If Vendor would like to display any applicable certificates or licenses (including HUB certificates) for TIPS and
TIPS Member Customer consideration, Vendor may upload those at this location. These supplemental documents
shall not be considered part of the TIPS Contract. Rather, they are Vendor Supplemental Information for marketing
and informational purposes only.
Pricing Form 2
230502 Pricing Form 2 (1).xlsx
Pricing Form 2 must be downloaded from the "Attachments" section of the IonWave eBid System, reviewed, properly
completed as instructed, and uploaded to this location.
Vendor Logo (Supplemental Vendor Information Only)
tips2023nologouse.docx
Optional. If Vendor desires that their logo be displayed on their public TIPS profile for TIPS and TIPS Member viewing,
Vendor may upload that logo at this location. These supplemental documents shall not be considered part of the TIPS
Contract. Rather, they are Vendor Supplemental Information for marketing and informational purposes only.
Vendor Agreement Signature Form
tips2023230502 Vendor
Agreement Signature Form.pdf
The Vendor Agreement Signature Form must be downloaded from the "Attachments" section of the IonWave eBid
System, reviewed, properly completed, and uploaded to this location. If Vendor has proposed deviations to the Vendor
Agreement, Vendor may leave the signature line of this page blank and assert so in the Attribute Questions and those
shall be addressed during evaluation.
Bid Attributes
1 � Disadvantaged/Minority/Women Business & Federal HUBZone
Some participating public entities are required to seek Disadvantaged/Minority/Women Business & Federal
HUBZone ("D/M/WBE/Federal HUBZone") vendors. Does Vendor certify that their entity is a D/M/WBE/Federal
HUBZone vendor?
If you respond "Yes," you must upload current certification proof in the appropriate "Response Attachments"
location.
NO
Page 4 of 31 pages Vendor: Dealers Electrical supply 230502
2 � Historically Underutilized Business (HUB)
Some participating public entities are required to seek Historically Underutilized Business (HUB) vendors as defined
by the Texas Comptroller of Public Accounts Statewide HUB Program. Does Vendor certify that their entity is a HUB
vendor?
If you respond "Yes," you must upload current certification proof in the appropriate "Response Attachments"
location.
No
3 � National Coverage
Can the Vendor provide its proposed goods and services to all 50 US States?
No
4 I States Served
If Vendor answered "No" to the question entitled "National Coverage," please list all states where vendor can
provide the goods and services proposed directly below. Your response may dictate which potential TIPS Member
customers consider purchasing your offerings.
Texas
5 � Description of Vendor Entity and Vendor's Goods & Services
If awarded, this description of Vendor and Vendor's goods and services will appear on the TIPS website for
customer/public viewing.
Dealers Electrical Supply- Wholesale Supplier of Electrical Supplies
6 � Primary Contact Name
Please identify the individual who will be primarily responsible for all TIPS matters and inquiries for the duration of
the contract.
Doug Cameron
7 � Primary Contact Title
Primary Contact Title
Eastern Region Manager
8 � Primary Contact Email
Please enter a valid email address that will definitely reach the Primary Contact.
dcamer@dealerselectrical.com
9 � Primary Contact Phone
Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas
once submitted which is appropriate and expected (Ex. 8,668,398,477).
Please provide the accurate and current phone number where the individual who will be primarily responsible for all
TIPS matters and inquiries for the duration of the contract can be reached directly.
9035937357
Page 5 of 31 pages Vendor: Dealers Electrical supply 230502
1 Primary Contact Fax
� Numbers onl no s mbols or s aces Ex. 8668398477 . The s stem will auto- o ulate our entr with commas
Y, Y p � ) Y p p Y Y
once submitted which is appropriate and expected (Ex. 8,668,398,477).
9035939701
1 Primary Contact Mobile
� Numbers onl no s mbols or s aces Ex. 8668398477 . The s stem will auto- o ulate our entr with commas
Y, Y p i ) Y P P Y Y
once submitted which is appropriate and expected (Ex. 8,668,398,477).
9037520404
1 Secondary Contact Name
2 Please identify the individual who will be secondarily responsible for all TIPS matters and inquiries for the duration
of the contract.
Jessica Reeves
1 Secondary Contact Title
3 Secondary Contact Title
Eastern Region Administrative Assistant
1 Secondary Contact Email
4 Please enter a valid email address that will definitely reach the Secondary Contact.
jreeve@dealerselectrical.com
1 Secondary Contact Phone
5 Numbers onl no s mbols or s aces Ex. 8668398477 . The s stem will auto- o ulate our entr with commas
Y, Y p i ) Y P P Y Y
once submitted which is appropriate and expected (Ex. 8,668,398,477).
Please provide the accurate and current phone number where the individual who will be secondarily responsible
for all TIPS matters and inquiries for the duration of the contract can be reached directly.
9035933098
1 Secondary Contact Fax
6 Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas
once submitted which is appropriate and expected (Ex. 8,668,398,477).
9035939701
1 Secondary Contact Mobile
7 Numbers onl no s mbols or s aces Ex. 8668398477 . The s stem will auto- o ulate our entr with commas
Y, Y P � ) Y P P Y Y
once submitted which is appropriate and expected (Ex. 8,668,398,477).
9037520404
1 Administration Fee Contact Name
$ Please identify the individual who will be responsible for all payment, accounting, and other matters related to
Vendor's TIPS Administration Fee due to TIPS for the duration of the contract.
Doug Cameron
1 Administration Fee Contact Email
9 Please enter a valid email address that will definitely reach the Administration Fee Contact.
dcamer@dealerselectrical.com
Page 6 of 31 pages Vendor: Dealers Electrical supply 230502
2 Administration Fee Contact Phone
� Numbers onl no s mbols or s aces Ex. 8668398477 . The s stem will auto- o ulate our entr with commas
Y, Y p � ) Y p p Y Y
once submitted which is appropriate and expected (Ex. 8,668,398,477).
903593737
2 Purchase Order and Sales Contact Name
� Please identify the individual who will be responsible for receiving and processing purchase orders and sales under
the TIPS Contract.
Doug Cameron
2 Purchase Order and Sales Contact Email
2 Please enter a valid email address that will definitely reach the Purchase Order and Sales Contact.
dcamer@dealerselectrical.com
2 Purchase Order and Sales Contact Phone
3 Numbers onl no s mbols or s aces Ex. 8668398477 . The s stem will auto- o ulate our entr with commas
Y, Y P � ) Y P P Y Y
once submitted which is appropriate and expected (Ex. 8,668,398,477).
9035937357
2 Company Website
4 Company Website (Format - www.company.com)
www.dealerselectrical.com
2 Entity D/B/A's and Assumed Names
5 You must confirm that you are responding to this solicitation under your legal entity name. Go now to your Supplier
Profile in this eBid System and confirm that your profile reflects your "Legal Name" as it is listed on your W9.
In this question, please identify all of your entity's assumed names and D/B/A's. Please note that you will be
identified publicly by the Legal Name under which you respond to this solicitation unless you organize otherwise with
TIPS after award.
Dealers Electrical Supply
2 Primary Address
6 Primary Address
2320 Columbus
2 Primary Address City
7 Primary Address City
Waco
2 Primary Address State
$ Primary Address State (2 Digit Abbreviation)
Texas
2 Primary Address Zip
9 Primary Address Zip
76701
Page 7 of 31 pages Vendor: Dealers Electrical supply 230502
3 Search Words Identifying Vendor
� Please list all search words and phrases to be included in the TIPS database related to your entity. Do not list
words which are not associated with the bid category/scope (See bid title for general scope). This will help users
find you through the TIPS website search function. You may include product names, manufacturers, specialized
services, and other words associated with the scope of this solicitation.
Misc Electrical supplies- Main lines-- Appleton, Klein, Square D, Leviton, Dottie,Lithonia, Carlon, Encore Wire,
cable, cord, Lennox, Milwaukee Tools
3 I Certification of Vendor Residency (Required by the State of Texas)
� Does Vendor's parent company or majority owner:
(A) have its principal place of business in Texas; or (B) employ at least 500 persons in Texas?
Texas Education Code Section 44.031 requires that this information be considered in evaluation for certain
contracts. However, Vendor response does not affect points, scoring, or potential award.
Yes
3 Vendor's Principal Place of Business (City)
2 In what city is Vendor's principal place of business located?
Waco
3 Vendor's Principal Place of Business (State)
3 In what state is Vendor's principal place of business located?
Texas
3 Vendor's Years in Business
4 How many years has the business submitting this proposal been operating in its current capacity and field of work?
75
3 Certification Regarding Entire TIPS Agreement
5 Vendor agrees that, if awarded, Vendor's final TIPS Contract will consist of the provisions set forth in the finalized
TIPS Vendor Agreement, Vendor's responses to these attribute questions, and: (1) The TIPS solicitation document
resulting in this Agreement; (2) Any addenda or clarifications issued in relation to the TIPS solicitation; (3) All
solicitation information provided to Vendor by TIPS through the TIPS eBid System; (3) Vendor's entire proposal
response to the TIPS solicitation including all accepted required attachments, acknowledged notices and
certifications, accepted negotiated terms, accepted pricing, accepted responses to questions, and accepted written
clarifications of Vendor's proposal, and; any properly included attachments to the TIPS Contract.
Does Vendor agree?
Yes, Vendor agrees
Page 8 of 31 pages Vendor: Dealers Electrical supply 230502
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TIPS CONTRACT 23�5�2
REQUIRED CONFIDENTIALITY CLAIM FORM
(VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATIOt�
vendor Entlty Name: Dealers Electrical Supply Co.
Vendor Authorized Signatory Name: ChrIS �anilal'71
Vendor Authorized Signatory Title: V.P. AdP711C11Stl"atlOn
Vendor Authorized Signatory Email: C�anha C�l' Ciea�el"S@�@Ctl"ICa�.C011l
Vendor Address: P.O. Box 2676
City:
Waco
State: TX Zip Code: �6702
Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor's
proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images,
Vendor's contact information, Vendor's brochures and commercial information, Vendor's financial information, Vendor's
certifications, and any other Vendor infarmation ar documentation submitted to TIPS by Vendor and its agents) (Hereinafter, "Vendor
Data") to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not
limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor's
submission of a proposal constitutes Vendor's consent to the disclosure and release of Vendor's Data and comprehensive proposal,
including any information deemed confidential or proprietary herein, to and by TIPS Members.
Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor's proposal to be
otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter
552, Vendor must properly execute Option 1 only below, attach to this PDF all documcnts and information that Vendor dccros
coniidential, and upload lhe consolidated documentalion. Regardless of the Option selected below, this form must be completed and
uploaded to the "Response Attachments" section of the eBid System entitled "Required Confidenliality Claim Form." Execution and
submission of this form is the sole indicator of whether Vendor considers any Vendor Data coniidential in the event TIPS receives a
request, a Public Information Request, or subpoena. if TIPS receives a request, any responsive documentation not deemed confidential
by you through proper execution of Option 1 of this form will be automatically releascd. For information deemcd confidential by you
through proper execution of Option 1 of this form, T1PS will follow procedures of controlling statute(s) regarding withholding that
documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order.
(VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTENn
OPTION 1— DESIGNATING CONFIDENTIAL
MATERIALS — YES, VENDOR HAS ATTACHED
CONFIDENTIAL MATERlALS
OPTION 2— WAIVER OF CONFIDENTIALITY — NO,
VENDOR HAS NOT ATTACHED CONFIDENTIAL
MATERIALS
(Conftrm each bullet point and sign below)
■ Vendar claims some Vendor Data confidential to the extent
permitted by TGC Chapter 552 and other applicable law.
■ Vendor attached to this PDF all potentially confidential
Vendor Data and listed the number of attached pages bclow.
■ Vendor's authorized signatory has signed below and shall
upload this document in the proper location in the eBid
Systcm.
■ Vendor agrees that TIPS shall not be liable for any release of
coniidential information required by law.
Number of pages attached deemed confidential:
Authorized Signature:
(Confirm each bullet point and sign below)
By signing far Option 2 below, Vendor expressly waives any
con,fidenriality claim for all Vendor Data submitted in relation
to this proposal and resulting contract. Vendor confirms that
TIPS may freely release Vendor Data submitted in relation to
this proposal or resulting contract to any requestar. Vendor
agrees thal TIPS shall not be responsible or liable for any use
or distribution of Vendar Data by TIPS or TIPS Members.
■ Vendor's authorized signatory has signed below and shall
upload this document in the proper location in the eBid
System.
■Vendor agrees that TIPS shall not be liable far any release of
confidential infarmation required by law.
Authorized Signature: � �1
VENDOR SUPPLEMENTAL INFORMATION
TIPS permits Vendors to submit supplemental documentation and information ("Vendor Supplemental Information") with their
proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for
marketing and informational purposes only. They are not terms of Vendor's TTPS Contract. if the Vendor Supplemental Information
herein contains any warranlies, terms, or condilions, the TIPS Member Customer may review and determine whether or not those are
applicable and acceptable for any TiPS purchase befare proceeding. If the Vendor Supplemental information contains any licenses or
certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase.
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COi�2 a1Z : HlStOI� dealers electrical su 1
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"an e�nployee owned company" -
Dealers was founded in «'aco, Tesas'in 1946. It ���as ineorporated :`
in 1978. At present, operations are conducted tiirough 64 ; i
branch'es in 57 different cities in North, 5outh, East,:West, }
and Central Teaas, �Vyoming, Netiv Niexico; Colarado, O
�� J�ouisiana, Illinois; North Dakota; and�Oklahoma;�� �
lts Corporate I�e.adquarters are located
at 232U Culumbus {�venue in Waco, Texas.
dealers' electrical supply is a privately held,' employee owned company
engaged in the wholesale disti•ibution of electrical supplies to tl�e
commercial, residential, and industrinl construction indusfrics and to
electric utility companies. In addition, the company operates retail
lighting branches. The company ranks in the Top 20 among the nation's �
2501argest companies in the industry.
5ince 1946, dealers electrical supply has responded .
<to the needs of the Electrical-Industry. With 64 branches,
: Dealers capabilities are proven in some of the largest_
building and development projects. Hospitals; Offlce Buildings,
Nuclear Energy Plants, and Generating Stations are eaamples of the
wide variety of construction projects �vhich Dealers is invol�ed.
Excellence in service comes from TOTAL COYIMITMENT. ` �yy,dealerseleetrical.00111
, Whether it's the capability to reseive material at any of the 64 locations; .
or whcther iNs an after hours call, ,
Dealers is committed to tlie Electrical Industry. �.
In an eftbrt to better scrvc you, < °' �
wc now have available our "'online sfore,'"
that is acccssible through our webs�te at
www.dealcrselectrical.corn �
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LIiU,iTATf41V OF L6AEi9L.ITY ANG WARRANTY DISGLAIMER
Goods solci by Daalers Electriczl Supply Co. are the proelur,ts of reputabic rnar.ufar,turers. aealers Electricai Supply Co, shafl use the best ef(orfs to obtain frum e�oh manufar,turer, in accordance
with fhe manufacturer'e warranty (coples of which will be furnished upon requesi) or customary practice, the repair or replacoment of goods that may prove defective in material or woYkmanship.
The foregoing shail constitute the exclusive remedy of ihe Biayer ar7c! thE safe obligation of Dealers Eiectrical Suppiy Co. Er,cept as to titie, THERE ARE NO WARRANTIES, EITHER WRITTEN
OR ORAL, IPIiPLlEb OR STATUTOP,Y, relating to goods soid by Dealers Electrical Suppiy Co. to Buyar which eFtend beyond that described in ihis paragraph. NO iMPL1ED STATUTORY
WARRANTY OF MERCHANI"ABILITY OR FITNEuS FOR PHRTICULAR PURPOSE SHALI_ APPLY.
Dealers Electrica! Suppfy Co.'s lia6ility on any clalm for loss or damage arisi��� out of any agreement for the sale of yoods or fYom ihe performance or breach thereof connected with jhe supplying
of any gootls, or their salo, resale, opeiatior� or use, whether based on contract, warranty, iort (including negiigence) or oti�er grounds, shall not exceed the price allowabla to such goods or pari
thereof Involved in the ciaim. Dealers Electrical Supply Co. shall not in any event be liablo, whether as a result of breach of cantract, warranty, tort (including neg�igence) or other grounds, (or
special, consequentlal, Incidental, or penal tlamages including, but not limited to, ic,ss of protiis or revenue, loss of use of the product or any associated product, cost ofi sutrsfitute products,
facilli(es or sen�ices, downtime costs, or claims of customers of ihe I3uyer for such damages. If Dealers �lectrical Supply Ca. furnishes Buyer ti�ith advice or other assistance which cpncerns any
goods supplied hereunder, ar any system or eqtaipment in which any such goods may be installed, and which is not required �ursuani to this contract, the furnishing of such advice or assistance
will not sut�ject beafers Electrical Supply Co. to any liability. whelher basect on contract, warranty, tort (including negiigence} or other grounds.
STANDARD TER�UfS RI�� CONDITIONS QF' SALE
i. Buyer in order ia provide security for the payment ot the full price of goods tumished hereunder, gr�nts Dealers Electricel Suppiy Co. a security interest in said goods. Biryer agrees to execute
any documents or furnish inform�tion hecessary to periect #his security interest.
2. Payment terms are vendor discount if paid by the 1 p"' ctay of the (ollowing month of purchase; net 15"'. No discounts aliowed on credit card payments. -
3. Payment of any Indebtedness due Dealers Electrical Supply Go. t�y Buyer shall be made in Waco, McLennan County, Texas. In the event Buyer daes noi pay when due, Buyer agrees io pay
i�iterest on past due ani�unis at 1-1/2'/ per monfh: or tfie maximu�r non-usurious rata altawable by law. Notwithstanding anything to tfie contrary aoniained herein or in involces of dealers
Electrical Supply Co. to Buyer, no provision thereof shali require tlie payment or pennii #he coilection of inteCest in excess of such maximum non-usurious rate.
4. If if is necessary ior Realers Electricai Supply Co, to institute legal proceeitings against Buyer to eniorce the tsrms hereoi, or to recover any indebtedness or damages Dsalers Electricai
Supply Co; shali be antitied io recaver from C�uyer its reasohabie attorneys' tees; costs and expenses.
5: Unless othenvise stated, all quo#ations expire 30 days from iheir date, anci may be modified or withdrawn 0y Dealers Electricai Supply Co. prior to any accepYance. Ali quotations and prices
are subject'to change wiihout no#ice; Prices do not inc�ude any present or #uiure sales, use, excise, value-added or similar taxes, and where applicable, such taxes shall be billed as a separate
item paid by Buyer. Dealers Electriral Supply Co. reserves the right to correct ali errors and omissians. Quantities and uNt prices are for the specific quotations only; any increase or decrease
in quantities is solely at the option of Dealer's Eleci.ir,al Supply Co. Dealers Electricai Supply Co, assumes no responsibility far quoted materials meeting any job speoifications ar requirements
un�ess specificaliy so stated in its v�riiten yuotaiion. Dealers Clectrical Sup��ly Ca. is merely yuotir�g its interpretation of E3uyer's requirements and bill of material.
B. As io goods delivered by Dealers Ffeckrical Suppfy Co.'s truck, iitle passes upon delivery at the place Buyer receives possessian; and, therealter, afl risk oi loss or d`amages shall be on Buyer.
C7elivedes by common carrier are f.ab. shipping pninP. On direct shipments from manufacturers, Titles p�sses to l3uyer at �aint and titne of delivery to carrier; and thereafter, all risk o( loss or
damage shall be on Quyer. Damage or shartage r.laims arising from direct shipments are to be made by Buyer ayainst carriec Dealers Electrical Supply Co. asSumes no responsibi4ity beyond
c{efivery to cairie�r in good ordnr and is not responsible icr loss, dan�age, or delay occurring thereafter. All items shown as freight allowed perlaiii to particular items and quantities. Any deviation
after placement af prder, such as changes ir7 quantity or parliai rnlease, will be subjEci t� the manufacturar's terms and condiiions where applicabla. [xtra IaGor or mechanical facilities required
!o unload shal! be (�rovided by 8uyer without any eost to Dealers Electrical Supply Co.
7. Shi�ping dates are not yuaranteeci, buf it stated, are based upan best information then available and unless otherwise specitically st�ted in writing are subject to change wiihout notice. Dealers
Electrical Supply Co, shall not be (iable for failure 10 deliver or tur delay in de(ivery or periormance due to O a oause beyond its reasonabie control or (ii) an act of God, act or omissian of Buyer,
act of civii or miiitary authority, governmental priority ar other allocation or coniroi, fire, strike, or ather labnr diEficuity, riot or other civA disturbance, insolvency or other inability to pertorm by the
manufacturer, delay� in transportation, ar (iii) any other commercial impractabiiiiy. in the event of sucti delay, the dale qf delivery or pertormance shall 6e e�rfended for a period equal to the time
iost by reason of delay. ' :
8. No gaods will be accepted for return wifhout tFis writteri permission of Oealers Electrical Supply Co. Normally stocked items in resaieable condition wiil be acoepted for credit subject to a
restooking charge. Manufacturers' restocking cl�arges wili apply when materi�ls has to be ratumed to manuTacturer. Goods will net be accepted fpr return after 60 days iram date of deiivery.
Speciaily ordered items or abnorma! qua�tiiies of siock items will not he accepted 4or return until Dealers ElectK'icaf Supply Co, has secured permission and terms oi return trom Dealers E(ectrical
5uppiy Co.'s sources of supply and such terrns i�ave been accepted by the [3uyer. All goads claimed to be deiective shail be held subject to inspection by Dealers Elactrical Supply Go: andlor
fhe manuiacturer.
9: Shauid shipmenis be held ar stored beyond delivery.date for canven;ence of Buyer, �ealers Electrical Supply Co: may, at its option, assess reasonable charges tor any expense incident to
such delay; <
10. Since the products sold by Dealers E{ectrieai Supply Co, are not manufactured 6y Dealers Eleetrical Suppiy Co., but aie soid under its respectfve manufacturers' hrand or trade names,
Dealers Electrical Suppiy Go. hereby disclaims any and ail warrai7ties against pafent inirinyement. Dealers Electricai Suppiy Co. shall, hotvever, if given prompt notice by the C�uyer of any claim
of patent infrinc�ement with respect to any product solci hereunder, use its best elforis to secure ior tho Buyer sucii indemnity rights as the manufacturer may customarily give with respect to
such product.
11. No waiver, alteration or modifica4iorr of any of the provisions hereoi shall be binding upon Dealers Electrical Supply Co. unless specifically assenfed to in writing by an authorized represenfative
of Dealers Elscirical'Supply Co. management.
EXHIBIT - C
CONFLICT OF INTEREST DISCLOSURE REQUIREMENT
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts
or seeks to contract for the sale or purchase of property, goods, or services with a local governmental
entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Form CIQ ("Questionnaire") the
person's affiliation or business relationship that might cause a conflict of interest with the local
governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later
than seven days after the date the person begins contract discussions or negotiations with the City, or
submits an application or response to a request for proposals or bids, correspondence, or another writing
related to a potential Agreement with the City. Updated Questionnaires must be filed in conformance with
Chapter 176.
A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also
available at http://www.ethics.state.tx.us/forms/CIQ.pdf.
If you have any questions about compliance, please consult your own legal counsel. Compliance is the
individual responsibility of each person or agent of a person who is subject to the filing requirement. An
offense under Chapter 176 is a Class C misdemeanor.
NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might
have with the City, state Vendor name in the # 1, use N/A in each of the areas on the form.
However, a signature is required in the #4 box in all cases.
Revised 6.25.18cg
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFlCEUSEONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1�, Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An
offense under this section is a misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
dealers electrical supply co. NA
z
❑ 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.) NA
3 Name of local government officer about whom the information is being disclosed.
NA
Name of Officer
4 Describe each employment or other business relationship with the local government officer, or a family member of the
officer, as desaribed 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 desaribed, Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
NA
� Yes � No
B. Is the vendor receiving or likely to receive t�able income, other than investment income, from or at the direction
of the local government officer or a family member of the officer AND the t�abie income is not received from the
local governmental entity?
NA
� Yes � No
5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corparation 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.
NA
6
❑Check this box if the vendor has given the local government officer or afamily 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). NA
7
dealers electrical supply co. 2-7-2025
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
Rcvised 7.11.18cg
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code may be found at http:/lwww.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 § 176.001(1-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 S 176.003(a)(2)(A� and (B�:
(a) A local government officer shall file a conflicts disdosure 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(a1 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 giftswith 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
Revised 7.11.18cg
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, January 28, 2025 REFERENCE NO.: **M&C 25-0071
LOG NAME: 13PCOOP ELECTRICAL AND PLUMBING SUPPLIES LSJ PMD
SUBJECT:
(ALL) Authorize Non-Exclusive Agreements with Dealers Electrical Supply Co. and Elliott Electric Supply,
Inc. Using Multiple Cooperative Agreements for Electrical Supplies and Plumbing Equipment for a
Combined Annual Amount Up to $1,929,150.00, Authorize Two One-Year Renewal Options for the Same
Annual Amount for All City Departments, and Ratify Expenditures Up to $200,000.00 for Purchases Made
December 2024- February 2025
RECOMMENDATION:
It is recommended that the City Council authorize non-exclusive agreements with Dealers Electrical
Supply Co. and Elliott Electric Supply, Inc. using multiple cooperative agreements for electrical supplies
and plumbing equipment for a combined annual amount up to $1,929,150.00, authorize two one-year
renewal options for the same annual amount for all City Departments, and ratify expenditures up to
$200,000.00 for Purchases Made December 2024- February 2025.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize non-exclusive agreements
that will be used by all City departments to purchase electrical supplies and plumbing equipment to update
and maintain City-owned property. The agreements will be with Dealers Electrical Supply Co. and Elliott
Electric Supply, Inc. using multiple cooperative agreements. The most current agreements expired on
November 30, 2024. It is also requested that City Council approve the ratification of expenditures up to
$200,000.00 for the purchase of electrical supplies made from December 2024 through February 2025
(when the new agreements are executed).
Staff reviewed the pricing and recommends awarding agreements to Dealers Electrical Supply Co,
using The Interlocal Purchasing System's (TIPS) Cooperative Contract 230502 and Elliott Electric Supply,
Inc., using BuyBoard Cooperative Contract 657-21. TIPS Cooperative Contract 230502 was published on
May 4, 2023 and May 11, 2023. Responses were opened on June 16, 2023. BuyBoard
Cooperative Contract 657-21 was published on January 27, 2021, and February 2, 2021. Responses were
opened on June 17, 2021. Both cooperative contracts offer fixed discounts.
The maximum amount allowed under the agreements citywide will be $1,929,150.00. However, the actual
amount used will be based on needs of the department and available budget.
COOPERATIVE PURCHASE - State law provides that a local government purchasing an item under a
cooperative purchase agreement satisfies any state law requiring that the local government seek
competitive bids for purchase of the item. TIPS and Buyboard contracts are competitively bid to increase
and simplify the purchasing power of government entities across the State of Texas.
TERM: The initial term of the agreement with Dealers Electrical Supply, Co., will begin upon execution and
expire July 31, 2025 to correspond with the terms of the cooperative contract. The initial term of the
agreement with Elliott Electric Supply, Inc., will begin upon execution and expire November 30, 2025 to
correspond with the terms of the cooperative contract. These Agreements may be renewed for up to
two additional one-year terms for the same annual amount at the City's option.
BUSINESS EQUITY - A business equity goal is not assigned when purchasing from an approved
purchasing cooperative or public entity.
http://apps.cfwnet.org/ecouncil/printmc.asp?id=32936&print=true&DocType=Print 1/30/2025
This project will serve ALL COUNCIL DISTRICTS.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budgets, as previously
appropriated, in the participating departments' Operating Funds to support the approval of the above
recommendation and execution of the purchase agreements. Prior to any expenditure being incurred, the
participating departments have the responsibility to validate the availability of funds.
BQN\\
FUND IDENTIFIERS (FIDs):
TO
Fund Department Account Project ProgramActivity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project ProgramActivity Budget Reference # Amount
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for Citv Manaqer's Office by:
Originatinq Department Head:
Additional Information Contact:
Reginald Zeno (8517)
Dana Burghdoff (8018)
Reginald Zeno (8517)
Marilyn Marvin (7708)
Brandy Hazel (8087)
LaKita Slack-Johnson (8314)
ATTACH M ENTS
1. City of Fort Worth 1295 - Dealers Electrical Supply Co.pdf (CFW Internal)
2. City of Fort Worth 1295 - Elliot Electrical Supply Co.pdf (CFW Internal)
3. SAMS - Dealers Electrical Supply Co.pdf (CFW Internal)
4. SAMS - Elliott Electrical Supply Co.pdf (CFW Internal)
5. SOS - Dealers Electrical Supply Co.pdf (Public)
6. SOS ELLIOTT ELECTRIC SUPPLY INC.pdf (Public)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=32936&print=true&DocType=Print 1/30/2025