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HomeMy WebLinkAbout064814 - General - Contract - Inspira Enterprise, Inc.csc No. 64814 FORT WORTH� CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between the City of Fort Worth ("City"), a Texas home rule municipality, and Inspira Enterprise, Inc. ("Vendor"). City and Vendor are each individually referred to herein as a"party" and collectively referred to 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: L This Cooperative Purchase Agreement; 2. Exhibit A— The Interlocal Purchasing System (TIPS) Cooperative Contract No. 250106; 3. Exhibit B— The Interlocal Purchasing System (TIPS) Cooperative Contract No. 250106 Pricing IndeX; 4. Exhibit C— Inspira Quote; 5. Exhibit D— Conflict of Interest Questionnaire. The Exhibits referenced above, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit C pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. If any provisions of the attached documents, conflict with the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or ordinance of City, the terms in this Agreement shall control City shall pay Vendor in accordance with the pricing index in Exhibit B and the provisions of this Agreement. Total payment made annually under this Agreement by City shall not exceed One Hundred Thousand and 00/100 dollars ($100,000.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such items, services, and/or expenses. City shall not be liable for any additional eXpenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement shall be effective beginning on the date signed by the Assistant City Manager below ("Effective Date") and shall expire on May 31, 2027 ("Expiration Date") in accordance with the underlying Cooperative Agreement. 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 Vendar 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 OFFICIAL RECORD Cooperative Purchase Agreement CITY SECRETARY page 1 of 9 FT. WORTH, TX provided adequate and appropriate workspace 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, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: City Manager's Office 100 Fort Worth Trail Fort Worth, TX 76102 To VENDOR: Inspira Enterprise, Inc. Attn: Legal Department 1301 Solana Blvd, Suite 2570 Westlake, TX 76262 With copy to Fort Worth City Attorney's Office at same address IP Indemnification. Vendor agrees to indemnify, defend, settle, or pay, at its own cost and expense, including the payment of attorney's fees, any claim or action against the City for infringement of any patent, copyright, trade mark, service mark, trade secret, or other intellectual property right arising from City's use of the Vendor's services, or any part thereof, in accordance with the Agreement, it being understood that the agreement to indemnify, defend, settle or pay shall not apply if City modifies or misuses the Vendor's services. So long as Vendor bears the cost and expense of payment for claims or actions against the City pursuant to this section, Vendor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect the City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against the City for infringement arising under the Agreement, the City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor shall fully participate and cooperate with the City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, the City's assumption of payment of costs or expenses shall not eliminate Vendor's duty to indemnify the City under the Agreement. If the Vendor's services, or any part thereof, are held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the Vendor's services; or (b) modify the Vendor's services to make them/it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the Vendor's services; or (c) replace the Vendor's services with equally suitable, compatible, and functionally equivalent non- Cooperative Purchase Agreement Page 2 of 9 infringing services at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor, terminate the Agreement, and refund all amounts paid to Vendor by the City, subsequent to which termination City may seek any and all remedies available to City under law. VENDOR'S OBLIGATIONS HEREUNDER SHALL BE SECURED BY THE REQUISITE INSURANCE COVERAGE REQUIRED BY CITY. Data Breach. Vendor further agrees that it will monitor and test its data safeguards from time to time, and further agrees to adjust its data safeguards from time to time in light of relevant circumstances or the results of any relevant testing or monitoring. If Vendor suspects or becomes aware of any unauthorized access to any financial or personal identifiable information ("City Data") by any unauthorized person or third party, or becomes aware of any other security breach relating to City Data held or stored by Vendor under the Agreement or in connection with the performance of any services performed under the Agreement or any Statement(s) of Work ("Data Breach"), Vendor shall immediately notify City in writing and shall fully cooperate with City at Vendor's expense to prevent or stop such Data Breach. In the event of such Data Breach, Vendor shall fully and immediately comply with applicable laws, and shall take the appropriate steps to remedy such Data Breach. Vendor will defend, indemnify and hold City, its Affiliates, and their respective officers, directors, employees and agents, harmless from and against any and all claims, suits, causes of action, liability, loss, costs and damages, including reasonable attorney fees, arising out of or relating to any third party claim arising from breach by Vendor of its obligations contained in this Section, except to the extent resulting from the acts or omissions of City. All City Data to which Vendor has access under the Agreement, as between Vendor and City, will remain the property of City. City hereby consents to the use, processing and/or disclosure of City Data only for the purposes described herein and to the extent such use or processing is necessary for Vendor to carry out its duties and responsibilities under the Agreement, any applicable Statement(s) of Work, or as required by law. Vendor will not transfer City Data to third parties other than through its underlying network provider to perform its obligations under the Agreement, unless authorized in writing by City. Vendor's obligation to defend, hold harmless and indemnify City shall remain in full effect if the Data Breach is the result of the actions of a third party. All City Data delivered to Vendor shall be stored in the United States or other jurisdictions approved by City in writing and shall not be transferred to any other countries or jurisdictions without the prior written consent of City. No Bovcott of Israel. If Vendor has fewer than 10 employees or the 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, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Addendum, Vendor certifzes that Vendor's signature provides written ver�ification to City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. Cooperative Purchase Agreement Page 3 of 9 Prohibition on Bovcottin� Energv Companies. 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 written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276.001 of the Texas Government Code. 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 boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Prohibition on Discrimination Against Firearm and Ammunition Industries. 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 company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274.001 of the Texas Government Code. 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 fzrearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Applicable Laws. The laws of the State of Texas shall govern this Agreement. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this Agreement shall be in Tarrant County, Texas. [Signature Page Follows] Cooperative Purchase Agreement Page 4 of 9 The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. CITY OF FORT WORTH: GQAlUb�lk�� By. Dlanna Giordano (Mar 2. 2026 17�.9251 CST) Name: Dianna Giordano Title: Assistant City Manager Date: 03/02/2026 APPROVAL RECOMMENDED: B : �� j Y Name: Kevin Gunn Title: Director, IT Solutions ATTEST: � f� �-me� By: , Name: Jannette S. Goodall Title: City Secretary VENDOR: Inspira Enterprise, Inc. �rni� �a.nc�ir.e By: _ _ , _. . _ Name: qmit C;anrlrP Title: CEO, Americas Date: Fphn iary 7� 7(17F'i CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. ���� By. Sudong Lee (Feb 25, 2026 17�0425 CST) Name: Sudong Lee Title: Sr. IT Solutions Manager APPROVED AS TO FORM AND LEGALITY: 4 a�nnn Ca�r�face �aqGra�a 44 F�RTIlBd B a pkoo oo�Y A� y' ca�a��e Pa9r�aa iFe� ze, ztt�a �i�.n:z� csr� o�� � °9,,�o Name: Candace Pagliara �*��� Title: Sr. Assistant City Attorney o a QpBd nEXASop CONTRACT AUTHORIZATION: M&C: N/A Approval Date: N/A Form 1295: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Cooperative Purchase Agreement Page 5 of 9 EXHIBIT A The Interlocal Purchasing System (TIPS) Cooperative Contract No. 250106 (ATTACHED) Cooperative Purchase Agreement — Exhibit A Page 6 of 9 TIPS VENDOR AGREEMENT TIPS RFP 250106 Technology Solutions, Products, and Services 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 Inspira Enterprise, Inc. DBA Inspira Cybersecurity and IT Solutions, Inc. in Texas): Inspira Enterprise, Inc. d/b/a Inspira Cybersecurity and IT Solutions Inc. in Texas (ENTER ENTITY NAME] 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 Parries. 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 contracts to qualified vendors. Then, where the law of a customer's jurisdiction allows, instead of public entities and qualifying non-profits expending time, money, and resources on the extensive public procurement process, the use of TIPS allows public entities to quickly select 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 entiry and that they are acting under due and proper authority under applicable law. 3. Definitions. a. TIPS Pricing: The specific pricing, discounts, and other pricing terms and incentives which Vendor submitted and TIPS 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 TII'S posting a"TIPS Solicitation" (RFP, RCSP, RFQ, or 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 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, 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 jurisdiction, as a matter of standard practice, TIPS does not rypically accept a Vendor's specific "Sale Terms" (warranties, license agreements, master agreements, terms and conditions, etc.) on behalf of all TIPS Members. TIPS 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 Vendar for 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. TIPS Vendor Agreement Page 1 6. Vendor ldentity and Contact Information. It is Vendor's sole responsibility to ensure that all identifying vendor information (name, EIN, d/b/a's, etc.) and contact information is updated and current at all times within the TIPS eBid System and the TIPS Vendor Portal. It is Vendor's sole responsibility to confirm that all e-correspondence issued from tips-usa.com, ionwave.net, and tipsconstruction.com to Vendor'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 identity and contact information current at all times during the life of the contract may cause loss of TIPS Sales, accumulating TIPS fees, missed rebid opportunities, lapse of TIPS Contract(s), and unnecessary collection or legal actions against Vendor. It is no defense to any of the foregoing or 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. 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 seeking a TIPS purchase. Once verified, Vendor must include the TIPS Contract Number on all purchase communications and sales documents exchanged with the TIPS Member. 8. TIPS Sales and Supplemental Agreements. The terms of the specific TIPS order, including but not limited to: shipping, freight, insurance, delivery, fees, bonding, cost, delivery expectations and location, returns, refunds, 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 andNumber. Vendor accepts and understands that TIPS is not a legal party to TIPS Sales and Vendor is solely responsible for identifying fraud, mistakes, unacceptable terms, or misrepresentations for the specific order prior to accepting. Vendor agrees that any order issued from a customer to Vendor, even when processed through TIPS, constitutes a legal contract between the customer and Vendor only. When Vendor accepts or fulfills an arder, even when processed through TIPS, Vendor is representing that Vendor has carefully reviewed the order for legality, authenticity, and accuracy and TIPS shall not be liable or 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 initiated by Vendor receiving 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 Name, as known to TIPS, and the TIPS Contract Name and Number included) to TIPS at tipspo(cvtips-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. Please refer to the TIPS Accountin� FAQ's for more information about reporring sales and if you have further questions, contact the Accounting Team at accountin�(cr�tips-usa.com. 11. TIPS 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 791.011 et. seq. The administration fee ("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 the amount paid by the TIPS Member for each TIPS Sale, less shipping cost, bond cost, and taxes if applicable and identifiable, which is legally due to TIPS, but the 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 amount paid 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 the corresponding TIPS Administration Fee payment as soon as possible but not later than thirty-one calendar 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 TIPS Vendor Portal which is the preferred documentation dictating to which TIPS Sale(s) the amount should be applied. Failure to pay all TIPS 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 TIPS Vendor Agreement Page 2 within ninety (90) days of receipt of notification if TIPS receives written notification of the overpayment not later than the expiration of six (6) months from the date of overpayment and TIPS determines that the amount was not legally due to TIPS pursuant to this agreement and applicable law. 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 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 Agreement with TIPS is for approximately five years with a one-year, consecutive option for renewal as described herein. Renewal oprions are not automatic and shall only be effective if offered by TIPS at its sole discretion. If TIPS 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 TIPS 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 affect tbe "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 Effecrive 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 example. Contract Expiration Date: To keep the contract term consistent for all vendors awarded under a single TIPS contract, the term expiration date shall be five 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 "five-year" term, (which is subject to an extension(s)) will be May 31, 2028 in this example. Option(s) for Renewal: Any option(s) for renewal shall begin on the Contract Expiration Date, or 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, 2028, then the one-year renewal is effective from May 31, 2028 to May 31, 2029. TIPS may offer to extend Vendor Agreements to the fullest extent the TIPS Solicitation resulting in this Agreement permits. 13. TIPS Pricing. Vendor agrees and understands that for each TIPS Contract that it holds, Vendor submitted, agreed to, and received TIPS' approval for specific pricing, discounts, and other pricing terms and incentives which make up Vendor's TIPS Pricing for that TIPS Contract ("TIPS Pricing"). Vendor confirms that Vendor will not add the TIPS Administration Fee as a charge or line-item in a TIPS Sale. Vendor hereby certifies that Vendor shall only offer goods and services through this TIPS Contract if those goods and services are included in or added to Vendor's TIPS Pricing and approved by TIPS. TIPS reserves the right to review Vendor's pricing update requests as specifically as line-item by line-item to determine compliance. However, Vendor contractually agrees that all submitted pricing updates shall be within the original terms of the Vendor's TIPS Pricing (scope, 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. VENDOR AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND TIPS, TIPS MEMBERS, TIPS OFFICERS, TIPS EMPLOYEES, TIPS DIRECTORS, AND TIPS TRUSTEES (THE "TIPS INDEMNITEES"l FROM AND AGAINST ALL CLAIMS AND SUITS BY THIRD-PARTIES FOR DAMAGES. INJURIES TO PERSONS (INCLUDING DEATH). PROPERTY DAMAGES, LOSSES, EXPENSES. FEES, INCLUDING COURT COSTS, ATTORNEY'S FEES. AND EXPERT FEES. ARISING OUT OF OR RELATING TO VENDOR'S PERFORMANCE UNDER THIS AGREEMENT (INCLUDING THE PERFORMANCE OF VENDOR'S OFFICERS. EMPLOYEES, AGENTS. AUTHORIZED RESELLERS. SUBCONTRACTORS, LICENSEES, OR INVTTEES�. REGARDLE5S OF THE NATURE OF THE CAU5E OF ACTION. INCLUDING WITHOUT LIMITATION CAUSES OF ACTION BASED UPON COMMON. CONSTITUTIONAL, OR STATUTORY LAW OR BASED IN WHOLE OR IN PART UPON ALLEGATIONS OF NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS ON THE PART OF VENDOR, ITS TIPS Vendor Agreement Page 3 OFFICERS. EMPLOYEES. AGENTS. AUTHORIZED RESELLERS. SUBCONTRACTORS, LICENSEES, OR INVITEES. PROVIDED. HOWEVER. THAT VENDOR SHALL NOT BE OBLIGATED TO INDEMNIFY. DEFEND. OR HOLD HARMLESS THE TIPS INDEMNITIES FOR CLAIMS. DAMAGES, OR LOSSES ARISING OUT OF THE NEGLIGENCE. GROSS NEGLIGENCE, WILLFUL MISCONDUCT. OR BREACH OF THIS AG�EMENT sY'rxE TIPS INnEMNi'riES.NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE PERMITTED OR AGREED TO BY TIPS. APART FROM THIS INDEMNIFICATION PROVISION REpUIRING INDEMNIFICATION OF THE TIPS INDEMNITEES ATTORNEY'S FEES AS SET FORTH ABOVE, RECOVERY OF ATTORNEYS' FEES BY THE PREVAILING PARTY IS AUTHORIZED ONLY IF AUTHORIZED BY TEX. EDUC. ConE & 44.032(F�. 15. Indemnification and Assumption of Risk — Vendor Data. VENDOR AGREES THAT IT IS VOLUNTARILY PROVIDING DATA (INCLUDING BUT NOT LIMITED TO: VENDOR INFORMATION. VENDOR DOCUMENTATION. VENDOR'S PROPOSALS. 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 INFORMATION OR DOCUMENTATION. INCLUDING WITHOUT LIMITATION SOFTWARE AND SOURCE CODE UTILIZED BY VENDOR, SUBMTTTED TO TIPS BY VENDOR AND ITS AGENTS) ("VENDOR DATA") TO TIPS. FOR THE SAKE OF CLARTTY, AND WITHOUT LIMITING THE BREADTH OF THE INDEMNITY OBLIGATIONS IN SECTION 14 ABOVE. VENDOR AGREES TO PROTECT, INDEMNIFY, AND HOLD THE TIPS INDEMNITEES HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, CLAIMS, ACTIONS, DEMANDS, ALLEGATIONS, SUITS, JUDGMENTS, COSTS, EXPENSES, FEES, INCLUDING COURT COSTS. ATTORNEY'S FEES. AND EXPERT FEES AND ALL OTHER LIABILITY OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATING TO: (Il ANY UNAUTHORIZED, NEGLIGENT OR WRONGFUL USE OF, OR CYBER DATA BREACH INCIDENT AND VIRUSES OR OTHER CORRUPTING AGENTS INVOLVING. VENDOR'S DATA. PRICING. AND INFORMATION. COMPUTERS. OR OTHER HARDWARE OR SOFTWARE SYSTEMS. AND; (II� ALLEGATIONS OR CLAIMS THAT ANY VENDOR DATA INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD-PARTY OR VENDOR. 16. Notwithstanding anything to the contrary, Vendor shall not be liable to TIPS for any indirect, consequential, incidental, special, or punitive damages, including but not limited to loss of profits, loss of data, or business interruption, arising from or related to this Agreement. Except for liability arising from (i) gross negligence or willful misconduct, (ii) breach of confidentiality obligations, or (iii) infringement of intellectual property rights, the total aggregate liability of Vendor under this Agreement, whether in contract, tort (including negligence), or otherwise, shall be limited to an amount equal to two (2) times the value of the specific purchase order giving rise to the claim.. . 17. Procedures Related to Indemnification. In the event that an indemniry obligation arises, Vendor shall pay all amounts set forth in Section 14 and 15 above (including any settlements) and — if it has accepted its indemnity obligation without qualificarion — control the legal defense to such claim or cause of action, including without limitation attorney selection, strategy, discovery, trial, 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 TIPS 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. 18. 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 TIPS 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 Vendor/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 that 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. 19. Confidentiality of Vendor Data. Vendor understands and agrees that by signing this Agreement, all Vendor Data is hereby released to TIPS, TIPS 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 Vendor'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 orders, Vendor must have idenrified the claimed confidential materials through proper execution of the Coniidentiality Claim Form which is required to be submitted as part TIPS Vendor Agreement Page 4 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 Vendor considers any Vendor Data confidential in the event TIPS receives a Public Information Request. If TIPS receives a request, any responsive documentation not deemed confidential 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 Information Act that affects Vendor's interest in any information or data furnished to TIPS by Vendor, and TIPS requests an opinion from the Attorney General, Vendor may, at its own option and expense, prepare comments and submit information directly to the Attorney General stating why the requested information is exempt from disclosure pursuant to the requirements of the Public Information Act. Vendor is solely responsible for submitting the memorandum brief and information to the Attorney General within the time period prescribed by the Public Information Act. Notwithstanding any other information provided in this solicitation TIPS Vendor Agreement Page 5 or Vendor designation of certain Vendor Data as confidential or proprietary, Vendor's acceptance of this TIPS Vendor Agreement constitutes Vendor's consent to the disclosure of Vendor's Data, including any information deemed confidential or proprietary, to TIPS 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. 20. 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 Reseller(s). Once authorized by Vendor in the Vendor Portal, the Authorized Reseller(s) may make TIPS sales to TIPS Members. However, all purchase documents must include: (1) Authorized Reseller's Name; (2) Vendar's Name, as known to TIPS, and; (3) Vendor's TIPS Contract Name and Number under which it is making the TIPS Sale. Either Vendor 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 the amount for which the Vendor sold the item to a dealer or Authorized Reseller. The Parties intend that Vendor shall be responsible and liable for TIPS Sales made by Vendor's Authorized Resellers. 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 harmless in accordance with Sections 14-17 above related to Authorized Reseller TIPS Sales made pursuant to this Agreement or purporting to be made pursuant to this Agreement that may be asserted against Vendor whether rightfully brought or 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. 21. 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 seeking a TIPS purchase. Any request for quote, customer communication, or customer purchase initiated through or referencing a TIPS Contract shall 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. 22. 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. 23. Termination. A� Termination for Convenience. TIPS may, by written notice to Vendor, terminate this Agreement for convenience, in whole or in part, at any time by giving thirty (30) days' written notice to Vendor of such termination, and specifying the effecrive date thereof. B� Termination for Cause. If Vendor fails to materially perform pursuant to the terms of this Agreement, TIPS shall provide written notice to Vendor specifying 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� Vendor's Termination. If TIPS fails to materially perform pursuant to the terms of this Agreement, Vendor shall provide written norice 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 terminarion for cause was wrongful, the termination shall automatically be converted to and treated as a termination for 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 TIPS Vendor Agreement Page 6 termination and the Survival Clause term. E� Vendor 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 Agreement. 24. 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 limited to: leases, service agreements, license agreements, open purchase orders, warranties, and contracts, even if they extend months or years past the TIPS Contract Expiration Date, shall survive the expiration or termination of this Agreement subject to the terms and conditions of the Supplemental Agreement between Customer and Vendor or unless otherwise specified herein. 25. 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 for 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 Government Agency with authority to do so without said notice. Notwithstanding the foregoing, in the event that TIPS is made aware of any pricing being offered to eligible entities that is materially inconsistent with Vendor's TIPS Pricing, TIPS shall have the abiliry to conduct the audit internally or may engage a third- party audiring 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. These audit rights shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. 26. Conflicts of Interest. The Parties confirm 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 Agreement. Vendor agrees that it has disclosed any necessary affiliations with Region 8 Education Service Center and the TIl'S Department, if any, through the Conflict of Interest attachment provided in the solicitation resulting in this Agreement. 27. 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 Vendor at any time. 28. Compliance with the Law. The Parties agree to comply fully with all applicable federal, state, and local statutes, ordinances, rules, and regulations applicable to their entity in connection with the programs contemplated under this Agreement. 29. 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, impaired 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. 30. Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in wriring to the other pariy 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 then claimed but for no longer period, and such party shall endeavar to remove or overcome such inability with all reasonable dispatch. In the event that Vendor's obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor's failure to fulfill for a Force Majeure event. 31. Immunity. 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 Educarion Service Center or its TIPS Department under this Agreement or under TIPS Vendor Agreement Page 7 applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. 32. 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 category of VII and at least 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 the liabiliry of the Vendor(s). Any immunity a�ailable to TIPS or TIPS Members shall not be used as a defense by the contractor's insurance policy. Only deductibles applicable to property damage are acceptable, unless proof of retention funds to cover said deductibles is provided. "Claims made" policies will not be accepted. Vendor's required minimum coverage shall not be suspended, voided, cancelled, non-renewed or reduced in coverage or in limits unless replaced by a policy that provides the minimum required coverage except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to TIPS or the TIPS Member if a proj ect or pending delivery of an order is ongoing. Upon request, certified copies of all insurance policies shall be furnished to the TIPS or the TIPS Member. Vendor agrees that when Vendor or its subcontractors are liable for any damages or claims, Vendor's policy, shall be primary over any other valid and collectible insurance carried by the Member or TIPS. General Liability: $1,000,000 each Occurrence/Aggregate Automobile Liability: $300,000 Includes owned, hired & non-owned Workers' Compensation: Statutory limits for the jurisdiction in which the Vendor performs under this Agreement. If Vendor performs in multiple jurisdictions, Vendor shall maintain the statutory limits for the jurisdiction with the greatest dollar policy limit requirement. Umbrella Liability: $1,000,000 each Occurrence/Aggregate 33. 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. 34. Binding Agreement. This Agreement shall be binding and inure to the benefit of the Parties hereto and their respective heirs, legal successors, and assigns. 35. 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. 36. 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 Counry, 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 either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the Parties irrevocably to waive any objections to venue or to convenience of forum. 37. 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. 38. 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 Parry. Written consent of TIPS shall not be unreasonably withheld. 39. Minimum Condition and Warranty Requirements for TIPS Sales. All goods quoted or sold through a TIPS Sale shall be new unless clearly stated otherwise in writing. All new goods and services shall include the applicable manufacturers minimum standard warranry unless otherwise agreed to in the Supplemental Agreement. 40. Minimum Customer Support Requirements for TIPS Sales. Vendor shall provide timely and commercially reasonable support for TIPS Sales or as agreed to in the applicable Supplemental Agreement. TIPS Vendor Agreement Page 8 41. Minimum Shipping Requirements for TIPS Sales. Vendor shall ship, deliver, or provide ordered goods and services within a commercially reasonable time after acceptance of the order. If a delay in delivery is anticipated, Vendor shall notify the TIPS Member as to why delivery is delayed and provide an updated estimated rime for complerion. The TIPS Member may cancel the order if the delay is not commercially acceptable or not consistent with the Supplemental Agreement applicable to the order. 42. Minimum Vendor License 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 regulations pertaining to the lawful provision of goods or services under the TIPS Agreement. TIPS and TIPS Members reserve the right to stop work and/or cancel a TIPS Sale or terminate this or any TIPS Sale Supplemental Agreement involving 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 regulation. 43. Minimum Vendor Legal Requirements. Vendor shall remain aware of and comply with this Agreement and all local, state, and federal laws governing the 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. 44. Minimum Site Requirements for TIPS Sales (when applicable to TIPS Sale). Cleanup: 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 publia Vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage. Smoking: Persons working under Agreement shall adhere to the TIPS Member's or local smoking statutes, codes, ordinances, and policies. 45. Payment for TIPS Sales. TIPS Members may make payments for TIPS Sales directly to Vendor, Vendor's Authorized Reseller, 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. 46. Marketing. Vendor agrees that any logos, images, photos, writing, audio, clip art, music, data, promotional documents, or any other information or intellectual properry ("Vendor Property") approved or provided by Vendor for TIPS' use are either the exclusive property of Vendor, or Vendor has all necessary rights, license, and permissions to allow TIPS use of Vendor Property. Vendor permits TIPS to use their name and logo to identify Vendor as a TIPS Awarded Vendor on the TIPS website only. All other use of Vendor's Property by TIPS shall require prior written Vendor approval. Any Vendor use of TIPS' logos, images, photos, writing, audio, clip art, music, data, promotional documents, or any other information or intellectual property ("TIPS Property") or reference to TIPS in marketing outreach requires Vendor to obtain prior written authorization from marketin�(c�tios-usa.com which will not be unreasonably withheld. Vendor must execute a TIPS Marketing Waiver before speci�c, written authorization will be granted. For any marketing outreach taken by Vendor without proper TIPS' authorization and execution of the TIPS Marketing Waiver, Vendor shall indemnifv TIPS Vendor Agreement Page 9 and hold harmless TIPS and its emulovees, officers, a�ents, reuresentatives, contractors, assignees, desi�nees, and TIPS Members from anv and all claims, damages, and iudgments involvin�: i. Infringement of natent, convri�ht, trade secrets. trade or services marks, and anv other intellectual or intanEible pronertv riEhts and/or claims arisin� from the Vendor's (includin� Vendor's officers', emnlovees', agents', authorized resellers', subcontractors', or invitees'1 unauthorized use or distribution of Vendor Pronertv. ii. Violations of nrivacv and data laws: and iu. Unauthorized use or distribution of TIPS Propertv. 47. Tax Exempt Status of TIPS Members. Most TIPS Members are tax exempt entities and the laws and regulations applicable to the specific TIPS Member customer shall control. 48. 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 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 an Agreement dwing 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. 49. Choice of Law Limitation for TIPS Sales. Vendor agrees that if any "Choice of Law" provision is included in any TIPS Sale a�reement/contract between Vendor and a TIPS Member, that clause must provide that the "Choice of Law" applicable to the TIPS Sale 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.pr 50. 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. 51. 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/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. 52. 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 10 Docusign Envelope ID: 95EBB674-0656-4F00-BCBB-EE7DED047417 TIPS VENDOR AGREEMENT SIGNATURE FORM TIPS 250106 Technology Solutions, Products, and Services Inspira Enterprise, Inc. d/b/a Inspira Cybersecurity and IT Solutions Inc. in Texas Vendor Name: Vendor Address: City Westlake Amit Gandre Vendor Authorized Signatory Name: Tx 76262 State: Zip Code: CEO, Americas Vendor Authorized Signatory Title: (813) 428-4530 Vendor Authorized Signatory Phone: amit.gandre@inspiraenterprise.com Vendor Authorized Signatory Email: Signed by: a►��f ��.d�, Vendor Authorized Signature: S,00B8oA4E�A44E.. (The following is for TIPS completion only) Dr. Fitts TIPS Authorized Signatory Name: Executive Director TIPS Authorized Signatory Title: TIPS Authorized Signature: 1301 Solana Blvd, Suite 2570 ��� �� � 04/24/2025 Date: Date: 05/22/2025 TIPS Vendor Agreement Signature Form Page 1 � � � 250106 Inspira Enterprise Inc Inspira Cybersecurity and IT Solutions Inc. Supplier Response Event Information Number: 250106 Title: Technology Solutions, Products, and Services Type: Request for Proposal Issue Date: 1 /6/2025 Deadline: 2/21/2025 03:00 PM (CT) NOt@S: 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 HOLD ANY TIPS CONTRACT IN THE "TECHNOLOGY SOLUTIONS, PRODUCTS, AND SERVICES" CATEGORY, AND YOU ARE SATISFIED WITH IT, THERE IS NO NEED TO RESPOND TO THIS SOLICITATION. IF YOU HOLD AN EXISTING TIPS "TECHNOLOGY SOLUTIONS, PRODUCTS, AND SERVICES" CONTRACT AND YOU CHOOSE Page 1 of 32 pages Vendor: Inspira Enterprise Inc 250106 TO RESPOND HEREIN, YOUR EXISTING TIPS "TECHNOLOGY SOLUTIONS, PRODUCTS, AND SERVICES" CONTRACT WILL BE TERMINATED AND REPLACED BY THIS CONTRACT. ALSO IF YOU HOLD ANY OTHER TIPS CONTRACT OUTSIDE OF THE "TECHNOLOGY SOLUTIONS, PRODUCTS, AND SERVICES" CATEGORY WHICH COVERS ALL OF YOUR TECHNOLOGY OFFERINGS AND YOU ARE SATISFIED WITH IT, THERE IS NO NEED TO RESPOND TO THIS SOLICITATION UNLESS YOU PREFER TO 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 32 pages Vendor: Inspira Enterprise Inc 250106 Inspira Enterprise Inc Information Contact: Amit Gandre Address: 1301 Solana Boulevard Building 2, Suite #2570 Westlake, Texas 76262 India Phone: (682) 237-7722 Email: americaspublicsectorbids@inspiraenterprise.com By submitting your response, you certify that you are authorized to represent and bind your company. Amit Gandre Signature Submitted at 2/21/2025 01:51:32 PM (CT) americaspublicsectorbids@_inspiraenterprise.com Email Requested Attachments Pricing Form 1 250106 Pricing Form 1_Inspira.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. Pricing Form 2 250106 Pricing Form 2_Inspira.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. (3) Required Customer Reference Letters Inspira Enterprise Inc - 3. Required Customer Reference Letters.pdf Vendor is required to upload three Customer Reference Letters from three separate customers as described herein. Vendor will be scored on the aggregate Reference Letters received from customers as described in the solicitation. Vendor must provide three current letters (issued within the 12-months preceding the date on which the solicitation was posted) from its customers verifying Vendor's customer service and reputation as described herein. (Ex. if the solicitation/bid posted on February 4, 2024, the letters must be dated on or after February 1, 2023). The letters must be issued from customers who have received goods or services from the Vendor or its current corporate officials, on entity/company letterhead, must specify its customer experience with Vendor, and must be signed by an authorized representative of the customer. TIPS Reference Forms from past bids will no longer be accepted. Required Confidentiality Claim Form 250106 Required_Confidentiality _Claim_Form_Inspira.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. Vendor Agreement 250106 Vendor Agreement_Inspira Enterprise, Inc.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. Page 3 of 32 pages Vendor: Inspira Enterprise Inc 250106 Vendor Agreement Signature Form 250106 Vendor Agreement_Sign atu re_Form_I nspi ra. 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. Current Form W-9 W9 form - Inspira_- _Feb_2025.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. Alternate or Supplemental Pricing Documents No response 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. 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. Vendor Logo (Supplemental Vendor Information Only) Inspira Enterprise Logo.png 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. Supplemental Vendor Information (Supplemental Vendor Information No response Only) 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. Vendor's Warranties, Terms, and Conditions (Supplemental Vendor No response 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. Disclosure of Lobbying Activities - Standard Form - LLL No response 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. Conflict of Interest Questionnaire - Form CIQ No response 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. Response Attachments 250106 Vendor Agreement_Inspira Enterprise, Inc._with Exceptions.pdf Vendor Agreement with exceptions. We would like to discuss our suggestions before final contract. Page 4 of 32 pages Vendor: Inspira Enterprise Inc 250106 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 � 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? � Yes - All 50 States � 4 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. � No response Page 5 of 32 pages Vendor: Inspira Enterprise Inc 250106 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. Inspira Enterprise is a global technology solutions provider specializing in Cybersecurity, Data Analytics, and Artificial Intelligence services. With a strong presence across North America, we deliver comprehensive cyber resilience through three core pillars: Cyber Advisory, Cyber Transformation, and Cyber Operations. Our extensive portfolio includes: Cyber Advisory Services: Security & Privacy Risk / CISO Advisory Services • Security Strategy & Risk Assessment • SISO/CIO Advisory Services • Enterprise Security Architecture • Emerging Tech Updates Security Governance, Risk & Compliance • Security Risk & Compliance Management • GRC Implementation Data Privacy & Protection • Data Privacy Strategy & Compliance • Privacy Impact Assessment • Privacy Data Identification & Mapping Business Continuity & Cyber Resilience • Business Continuity Planning • Cyber Event/Crisis Management • Third-party Risk Assessment Cyber Transformation Solutions: Cloud & Infrastructure Security • Cloud Security Compliance & Governance • DevSecOps Security • Cloud Transformation & Migration Security • API Security • Microservices Security Identity & Access Management • Identity Access Management • Privileged Access Certification • Customer IAM (CIAM) • Next-Generation Authentication Security Intelligence & Operations • Security Information & Event Management (SIEM) • Threat Intelligence/TIP • UEBA/Big Data Security • Security Incident Response Infrastructure Security • Network Segmentation • Perimeter Security • Security Investigations • Security Service Management Cyber Operations: Cyber Command Center — Managed Detection & Response • 24/7 Security Monitoring • Threat Intelligence & Threat Hunting Managed Security & Risk • Managed Governance, Risk, and Compliance (GRC) • Security Operations Monitoring Managed Cloud & Infrastructure Security • Managed Cloud Security • Managed Infrastructure Security Managed Digital Trust • Managed Identity & Access • Managed Data Security • PKI Management Data Analytics and AI Services: Our Managed Analytics service supports customer IT and Business teams in bridging data strategies with business outcomes through: Data Discovery & Classification Data Loss Prevention/DLP Data Access Governance Data Processing/Analytics Management Master Data Management We serve diverse industries including Banking, Financial Services and Insurance (BFSI), Healthcare, Public Sector, Manufacturing, Information Technology Enabled Services (ITeS), eCommerce, and others. Our five state-of-the-art Cyber Fusion Centers (CFCs) provide round-the-clock support to clients globally, ensuring comprehensive security coverage and incident response capabilities. Through strategic partnerships with leading technology providers, we deliver cutting-edge cybersecurity solutions that detect, predict, and manage cyber incidents effectively. Our approach helps organizations build resilient cultures through data-driven critical thinking across People, Process, and Technology implementations and Operations management. 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. �Amit Gandre � 7 Primary Contact Title Primary Contact Title � CEO, Americas � 8 Primary Contact Email Please enter a valid email address that will definitely reach the Primary Contact. � amit.gandre@inspiraenterprise.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. � 8134284530� Page 6 of 32 pages Vendor: Inspira Enterprise Inc 250106 1 Primary Contact Fax � 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). � No response � Primary Contact Mobile 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). � No response � 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. � Manish Garg 1 Secondary Contact Title 3 Secondary Contact Title � Senior Manager 1 Secondary Contact Email 4 Please enter a valid email address that will definitely reach the Secondary Contact. � americaspublicsectorbids@inspiraenterprise.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 � ) 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. � 2544677472� 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). � No response � 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). � No response � 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. � Esai Nadar 1 Administration Fee Contact Email 9 Please enter a valid email address that will definitely reach the Administration Fee Contact. � Esai.Nadar@inspiraenterprise.com Page 7 of 32 pages Vendor: Inspira Enterprise Inc 250106 2 Administration Fee 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). � 2544677472� 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. � Amit Gandre � 2 Purchase Order and Sales Contact Email 2 Please enter a valid email address that will definitely reach the Purchase Order and Sales Contact. � amit.gandre@inspiraenterprise.com � 2 Purchase Order and Sales Contact Phone 3 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). � 8134284530� 2 Company Website 4 Company Website (Format - www.company.com) � www.inspiraenterprise.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. � Inspira Cybersecurity and IT Solutions Inc. in Texas � 2 Primary Address 6 Primary Address � 1301 Solana Blvd, Suite 2570 2 Primary Address City 7 Primary Address City � Westlake 2 Primary Address State $ Primary Address State (2 Digit Abbreviation) �TX 2 Primary Address Zip 9 Primary Address Zip �76262 Page 8 of 32 pages Vendor: Inspira Enterprise Inc 250106 3 0 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. Cybersecurity, Information Security, Identity Access Management, IAM, Privileged Access management, PAM, Advisory, Audit, MARS, HIPPA, NIST, FedRAMP, IoT, Vulnerability Management, Penetration Testing, Microsoft Security, Active Directory, EntralD, Sentinel, Burp suite, Nessus, Qualys, Integrated Cyber Threat Management, Data Security and Protection, Cloud & Infrastructure Security, Managed Detection and Response, MDR, SOAR, SIEM, EDR, Threat Intelligence, Threat Hunting, Data Security, Governance and Risk Compliance, Risk Assessment, Security Compliance Monitoring, Managed Cloud Security, Managed Infrastructure Security, Privacy Risk Assessment, Third Party Risk Assessment, CISO, Compliance, Business Continuity and Impact Analysis 3 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? � Westlake 3 Vendor's Principal Place of Business (State) 3 In what state is Vendor's principal place of business located? �TX 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? � 15� 3 5 Certification Regarding Entire TIPS Agreement 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 9 of 32 pages Vendor: Inspira Enterprise Inc 250106 3 6 Minimum Percentage Discount Offered to TIPS Members on all Goods and Services (READ 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 T/PS 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% 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°/o 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? � �%� 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 10 of 32 pages Vendor: Inspira Enterprise Inc 250106 3"Catalog Pricing" and Pricing Requirements 9 This is a reauirement of the TIPS Contract and is non-neaotiable. 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? � No, Vendor does not agree � Page 11 of 32 pages Vendor: Inspira Enterprise Inc 250106 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 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 12 of 32 pages Vendor: Inspira Enterprise Inc 250106 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 13 of 32 pages Vendor: Inspira Enterprise Inc 250106 4 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 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. �❑ Yes, I certify 4 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 14 of 32 pages Vendor: Inspira Enterprise Inc 250106 5 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 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 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 15 of 32 pages Vendor: Inspira Enterprise Inc 250106 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 16 of 32 pages Vendor: Inspira Enterprise Inc 250106 5 6 Certification Regarding Prohibition of Discrimination Against Firearm and Ammunition Industries (Tex. 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 7 Certification Regarding Termination of Contract for Non-Compliance (Tex. Gov. Code 552.374) 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 17 of 32 pages Vendor: Inspira Enterprise Inc 250106 5 8 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 9 Felony Conviction Notice - Texas Education Code 44.034 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 18 of 32 pages Vendor: Inspira Enterprise Inc 250106 6 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 1 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 19 of 32 pages Vendor: Inspira Enterprise Inc 250106 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 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 20 of 32 pages Vendor: Inspira Enterprise Inc 250106 6 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 8 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 21 of 32 pages Vendor: Inspira Enterprise Inc 250106 6 Certification Regarding "Choice of Law" Terms with TIPS Members 9 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 22 of 32 pages Vendor: Inspira Enterprise Inc 250106 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. Specifically, if Vendor utilizes the Cost-Plus Markup method anywhere in its proposal, Vendor cannot and will not be listed as federally compliant for TIPS purposes unless Vendor also certifies "Yes" in response to the Attribute entitled, "2 CFR Part 200 - Prohibition of Cost- Plus." Page 23 of 32 pages Vendor: Inspira Enterprise Inc 250106 7 5 2 CFR Part 200 or Federal Provision - Prohibition of Cost Plus Contracts paid with federal funds which exceed 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 Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, may not utilize a cost plus percentage of cost and percentage of cost method of contract pricing. Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members for a TIPS Sale resulting from this procurement process which exceeds the simplified acquisition threshold, Vendor shall not utilize a cost plus a percentage of cost and percentage of cost method of contract pricing for that expenditure. If Vendor fails to certify and proposes a Cost Plus Markup Method of pricing anywhere in their proposal, Vendor will not be listed as federally/EDGAR compliant for TIPS purposes. Does Vendor certify? � Yes, Vendor agrees. 7 6 2 CFR Part 200 or Federal Provision - Vendor Willingness to Accept Federal Funds 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 7 2 CFR Part 200 or Federal Provision - Contracts 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 8 2 CFR Part 200 or Federal Provision - Termination 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 24 of 32 pages Vendor: Inspira Enterprise Inc 250106 7 2 CFR Part 200 or Federal Provision - Clean Air Act 9 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 � 8 2 CFR Part 200 or Federal Provision - Byrd Anti-Lobbying Amendment � Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members 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 vendor certifiesthat 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 25 of 32 pages Vendor: Inspira Enterprise Inc 250106 8 1 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 2 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 3 2 CFR Part 200 or Federal Provision - Federal Rule Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $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 26 of 32 pages Vendor: Inspira Enterprise Inc 250106 8 2 CFR Part 200 or Federal Provision - Procurement of Recovered Materials 4 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 5 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 27 of 32 pages Vendor: Inspira Enterprise Inc 250106 8 6 2 CFR Part 200 or Federal Provision - Domestic Preferences for Procurements and Compliance with 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 7 2 CFR Part 200 or Federal Provision - Ban on Foreign Telecommunications 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 28 of 32 pages Vendor: Inspira Enterprise Inc 250106 8 2 CFR Part 200 or Federal Provision - Contract Cost & Price $ 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 9 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 � 9 0 2 CFR Part 200 or Federal Provision - Davis Bacon Act Compliance Texas Statute requires compliance with Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal prograraa legislation, all prime onstruction contracts in excess of $2,000 awarded by non-Federal entities must include rovisionfor compliance th 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 opy 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 rovision for compliance th 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 Actprovisions if/when applicable. Does Vendor certify? � Yes, Vendor certifies � Page 29 of 32 pages Vendor: Inspira Enterprise Inc 250106 9 1 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 th 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 2 2 CFR Part 200 or Federal Provision - FEMA Fund Certification & Certification of Access to Records 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 2 CFR Part 200 or Federal Provision - Certification of Compliance with the Energy Policy and 3 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 30 of 32 pages Vendor: Inspira Enterprise Inc 250106 9 4 2 CFR Part 200 or Federal Provision - Certification of Compliance with Never Contract with the Enemy 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 5 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 6 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 7 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. � YES � Page 31 of 32 pages Vendor: Inspira Enterprise Inc 250106 9 8 2 CFR Part 200 or Federal Provision - If "Yes" Response to Above Attribute - Continued - 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 9 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 32 of 32 pages Vendor: Inspira Enterprise Inc 250106 Docusign Envelope ID: B2DFFFD8-5F1 D-464E-929A-060477227CFD T�Ps coNTRacT 250106 REQUIRED CONFIDENTIALITY CLAIM FORM (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATI01� VendorEntityName: �nSpll'a E11t@1'pl"IS@, �IIC. VendorAuthorizedSignatoryName: Amlt Gandre Vendor Authorized Signatory Title: CE�, Americas VendorAuthorizedSignatoryEmail: amlt.ga11C�1"@@IC1Spl1"a2C1t21"j�rIS2.00111 VendorAddress: 130� SOlaila BIVCI, Suite 2570 city: Westlake state: TX zip code: 76262 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentarion, 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 iinancial information, Vendor's certifications, and any other Vendor information or 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 subj ect 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 documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the "Response Attachments" secrion of the eBid System entitled "Required Confidentiality Claim Form." Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed con�dential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS 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 SYSTEN� OPTION 1— DESIGNATING CONFIDENTIAL MATERIALS — YES, VENDOR HAS ATTACHED CONFIDENTIAL MATERIALS OPTION 2— WAIVER OF CONFIDENTIALITY — NO, VENDOR HAS NOT ATTACHED CONFIDENTIAL MATERIALS (Confirm each bullet point and sign below) ■ Vendor 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 below. ■ Vendor's authorized signatory has signed below and shall upload this document in the proper locarion in the eBid System. ■ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed con�dential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relarion 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 requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ■ Vendor's authorized signatory has signed below and shall upload this document in the proper locarion in the eBid System. ■Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Slgnetl by: CN1ll �0�"L f�UtIlOI'1Z0C1 S1g11StLlYO: s�ooeaonaecraae EXHIBIT B The Interlocal Purchasing System (TIPS) Cooperative Contract No. 250106 Pricing Index (ATTACHED) Cooperative Purchase Agreement — Exhibit B Page 7 of 9 TIPS 250106 Technology Solutions, Inspira L'nLerpnse.Inc. Products, and Services I TIPS PRICING FORM 2- SERVICE PRICING Please note that Vendor's "Minimum Percentage Discount Offered" proposed in the atVibute questions shall apply to services proposed with the exception of vendor h-avel passed through at actual cost or GSA allowable rates- If Vendor does not seek to offer services under this contract, Vendor may type 'N/A" on this form and submit If Vendor desires to offer services under this TIPS Contract, the "Catalog Pncina' for those services must either be hsted within this form as instmcted, otherwise included within Vendor's proposal, or properly added durma the life of the awarded coi�trac� AIl services must be provided ii� some unit cost (Ex. Per Hour, Per Person, Per Day, etc_)_ If Vendor already has service "Catalog Pncing" documents, links, or files compiled, Vendor may include a note on Pricing Form 2 directing TIPS to please view those documents/links/files_ (Lx X —Plcasc scc "Scrvicc "Catalo� Pricin�" in uploadcd documcnt cntiticd "2022-2023 Vcndor Scrvicc Pncing.") If Vcndor utdizcs thc Cost-Plus Yiarkup mcthod anywhcrc in its proposal, Vcndor cannot and will not bc Lstcd as fcdcrally compliant for TTPS purposcs unlcss Vcndor also ccrtitics "Yes" in response w the Atnibute entitled, "2 CI'R Pari 200 - R�ohibition of Cost- Plus_" Providing Service "Catalog Pricing" through Pricing Form 2 Lin�Item Pricing Lf Vendor desires to list Lhe services that Vendor sells by line-item, Vendor is welcome Lo do so below in this I'��icing Ponn 2 All services musi be provided in some unit cost (Lx Per Ilour, Per Person, Per Day, etc J_ You are welcome to modify Lhe columns and column titles as lone as �fIPS can idcntify thc scrvicc bcina offcrcd by namc, uniritypc, and "catalog pncc" of thc scrvicc. Plcase note that ifyou arc awardcd after submittu�g your service pnc�ng on this form, you will bc able to updatc thc pricing and add/rcmovc scrviccs within thc catc�ory as long as you honor any applicablc discounts originally proposed. Lf Vendor already has service "Catalog Pncing" docuinents, links, or Files compiled, Vendor may include a note below du�ecting'IIPS to please view those documents/links/files_ (Gx. X— Please see "Serv�ce "Catalog Pricuig" in uploaded document entitled "2022- 2023 Vendor Service Pricing ") Please notc that if you are awarded afrer submitting your service pncing through other documents/links/files, you will be able to update the pricmg and add/remove services withm this category as long as you honor any applicable discounts ortginally proposed. Specify Uoit 7�pe -(Ex. Per Hoar, Per Persoo, Per Day, etc.) Service Name Example 1: Ins[allation Example 2: Ins[allation Example 3: Mileage Example 4: Travel Example 5: Fligh[s Example 6: Cus[om Design Services Example 7: Training Service Description Tech Level 1 Ins[alla[ion Tech Level 21ns[alla[ion Travel by Car to installation location Travel to ins[alla[ion location Travel by Fligh[ to Installation Custom Design Hourly/Teth Service Name Per PersOn/Per Mile Per Person/Per Hour PerPerson Per Designer/Per Square Foot Clien[ on Use of Product I Per Trainer/Per Hour Insert Line-items below this line. You may add cells as needcd. Service Description Specify Uoit 7�pe -(Ex. Per Hoar, Per Persoo, Per Day, etc.) Unit Priciog Not-to- Exceed $100.00/hour/[ech $150.00/hour/[ech GSA allowable rete at the time of service. See https://www.perdiem % Discouot (Greater than bl�mmum Drsrount oJfered in Am�ibute Except m Gm�ted 6rarmstance TIPS Member Castoo�er s See Price- Nat ta Exceed - Am�ibarte J (After TIPS discoaot, if aoy) 5.00% I $95.00/hour/tech 5.00% $142.50/hour/tech O.00Po GSA allowable rate at the time of service. See h t t p s: // ww w. p e r d i e m 101. c Installation Charge 5.00% Installation Charge Actual Cost of Fligh[ 0.00% Actual Cos[ of Fligh[ No[-to-Exteed Not-to-Ex[eed $190/Squ $200/$quare FOot 5.00% Foot No[-[o-Exceed Nat-to-Exceed $20.00/Trainer/Hour 5.00% 519.00/Trainer/Hour % Discouot (Greater than bl�mmum Drsrount oJfered in Am�ibute Except m Gm�ted 6rarmstance s See Unit Pricing NoFto- Am�ibirte J Exceed TIPS Price- Not to Exceed Managed SecunN Serv�ce Pncine (MSSP) - Inspira's MDR Platform - Kfck S[ar[ Sen-ice (Oushoce) Managed SecunN Serv�ce Pncine (MSSP) - Inspira's MDR Platform- Kfck Start Sen-ice (Hybcid) Managed SecunN Serv�ce Pncine (MSSP) - PlaMorm Independent - MDR/S�M Kfck Start Servfce (Onshore) Managed SewriN Secvice Pricing (MSSP) - Platform Independeot- MDR/S�M K�ek StaR Se�v�ce (E{��bnd) 24y7re365 MDR/80C� 0acvioes - 250+ gllvec (Qe� aeeet Qdaing) 24s7x36� MDR/SOC Sen�ces - 250+ Gold (per nsset p�icmg) ]nspira's MDR Pla[form - XDR/MDR/SIEM m�fial seNp services for 1000 hou� (US Only Model) - For 24s7x36� monitonng sen��ces refer to sen�ce name "24s7s365 MDR/SOC Services" - Product lice�ises not included - Addit�onal details avadeble on ceques[. ]nspira's MDR Pla[form- XDR/MDR/SIEM ini[ial seNp serv�ces for 1000 hou� (H}�bnd Only) - For 24s7x36� monitonng sen��ces refer to sen�ce name "24s7s365 MDR/SOC Services" - Product lice�ises not included - Addi[�onal details avadeble on ceques[. Pla[fonn ]ndepe�ide�it (XDR/MDR/SIEM) m�fial seNp serv�ces for 1000 hou� (US Onlv Model) - Pla[form-. Splu�ik, LogRhy[hm Esnbenm. IBM QRadar, M�crosoft SenhneL. P�lo Alto.. Secuco�i�x - For 24s7x36� monitonng sen��ces refer to sen�ce name "24s7s365 MDR/SOC Services" - Product lice�ises not included - Addi[�onal details avadeble on ceques[. XDR/MDR/SIEM ini[ial setup se�v�ces fo� 1000 hou� (Hybnd Onl}�) - Pla[form: Splunk, LogRhythm. Esebenm. IBM QRadar, M�ccosofr Sen[mel, Palo Alro, Secuco�i�x - For 24s7x36� monitonng sen��ces refer to sen�ce name "24s7s365 MDR/SOC Services" - Product lice�ises �iot included - Addi[�onal details avadeble on ceques[. Mviaged Detecdou and ResQonse (MDR) 6ee�ice (24s7Y36i) Sih�ec Packaee includes 2A / 7/ 365 Moni[oring �t-i[h global presence. Thceat Intelligenee and IOC managemenk Nali�°e Detectlon 8ngineeemg, Deteclion SLA. Incident Containment �°ia the Pla[form - Moui[ocing �vitli leading SIEM Techuologies- Splunk LogRh��lhnt Ecabeant BM QRadar. Mfecosofi SenbneL Palo AI[o, Securonfs - Minimum of 30% consumphon is cequired in each tier to avail the tier (volume) d�scowrts. - It is eshmated tliat approzimately 85% of the total asse45 are end-usec laptops, lU% are sen-ers and 5% are otlier devfces. - Addi[ional de[ails acailable on cequesL ManaveA Detechou and Responee (MDR) Seev�ce (2As7x365) Gold Pac4age includes 21 / 7/ 365 Monironng �v�th global presence, Threat Intelligence and IOC menegemenL Anak-s[ In[erac[ron Nitli Busmess wid end users, Cus[om use ceses. Response SLA. Remed�n[wn supporL Prwchve Threa[ Himhne. Au[omateA PlaybooAs fo� faste< <esponse - Momto�ing witli leeding SIEM Technologies Splunk LogRhy�hm, Esabeam, BM QRadar. Mrowsofr Senhnel. Pnlo Alro, Secuconn - Mimmum of 30 % w�isumphon is reqmred in each t�er to avail the [ier (volume) discoun[s. - It is es[imated tliat approximately RS % of �he rotal asse�s are end-user laptops, 10 % are servers nnd ?% are otlier de��ces. - Addi[�onal details avadeble on ceques[. one-hme one-hme one-[ime one-hme per assetlmon[h per assetlmon[h $ I �0.000 00 I 00 % �so 00o nn i oo i $185 000_00 190% $46.000 00 I 00 % $22 40 $26 20 1 OU% 1 00% $taxsoo 00 �a9soo 00 $183.15Q00 �assao 00 �zz ix $2i.9�1 24s7x3C,� MDR/SOC Sen��ces - 250+ pla[i�ium (per nsset pncmg) Manaved Detecfion and Response (MDR) Sen��ce (2As7x3(>5) Pla[inum Packnge includes 21 / 7/ 36� Monitonng m�ith global presence, Threat ]ntelligence and [OC management. Anal�st Internc[ion u�tlh Busmess and end use�, Cus[om use ceses. Response SLA. Remed�e[ron support. Proncfive Threa[ HuNing, Auromated Plnybooks for faster response, Des�gnn[ed Cus[ome� Success Ma�inger, Spec�ahzed personnel for IR, Threa[ Hunhng and detechon engmeenng - Momtonng tiitli lending SIEM Technolog�es Splun4:. LogRhy�hm, Esabeam, BM QRadar. M�crosoft Senhnel. Pnlo Alto, Securonn - Mimmum of 30 % co�isumphon is reqmred in each t�er to avail the [ier (volume) discoun[s. - It is es[imated tliat approximately RS % of �he rotal asse�s are end-user laptops, 10 % are se�ve�s nnd ?% are otlier de��ces. - Addi[�onal de[eils avadeble on ceques[. per assetlmon[h 24Y7x365 MDR/SOC Seeviees - 1000+ Silvee (per asset peicing) Managed Detecdon and Response (MDR) Sen•ice (24x7.�365) Silvec Package includes- 2{ / 7/ 365 Monitoring mi[h global presence. Threa[ Intelligenee and IOC managemenk Nali�°e Detectlon 8ngineeemg, Deteclion SLA. Incident Containment �°ia the Pla[form - Moui[ocing �vitli leading SIEM Techuologies- Splunk LogRh��lhm Ecabeant BM QRada[ Mfecosoft SenhneL Palo AI[q Securonfs per assetlmon[h - Minfmum of 30% consumphon is ceqwred in each tfer to avail the her (volume) d�scowrts. - It is eshmated tliat approzimately 85% of the total asse45 are end-usec laptops, lU% are sen-ers and 5% are otlier devfces. - Addi[ional de[ails acailable on cequesL 24s7x36� MDR/SOC Sen��ces - 1000+ Gold (per nsset pncmg) Manaved Detecfion and Response (MDR) Seev�ce (2As7x3G5) 24s7x36� MDR/SOC Sen��ces - 1000+ pla[i�ium (per nsset pncmg) Gold Pac4age includes 21 / 7/ 365 Monironng �v�th global presence, Threat Intelligence and IOC menegemenL Anak-s[ In[erac[ron Nitli Busmess wid end users, Cus[om use ceses. Response SLA. Remed�n[wn supporL Prwchve Threa[ Himhne. Au[omateA PlaybooAs fo� faste< <esponse - Momto�ing wi�h lending SIEM Technologies Splunk LogRhy�hm, Esabeam, BM QRadar. Mrowsofr Senhnel. Pnlo Alro, Secuconn - Mimmum of 30 % w�isumphon is reqmred in each t�er to avail the [ier (volume) discoun[s. - It is es[imated tliat approximately RS % of �he rotal asse�s are end-user laptops, 10 % are se�vers nnd ?% are otlier de��ces. - Addi[�onal details avadeble on ceques[. Managed Detec[ion end Response (MDR) Seev�ce (24�7�365) Pla[inum Packnge includes 21 / 7/ 36� Monitonng u�ith global presence, Threat ]ntelligence and [OC management. Anal�st Internc[ion u�tlh Busmess and end use�, Cus[om use ceses. Response SLA. Remed�a[ron support. Proncfive Threa[ HuNing, Auroma[ed Plnybooks for fas[er respo�ise, Des�gnn[ed Cus[ome� Success Ma�inger, Spec�ahzed personnel for IR, Threa[ Hunhng and detechon engmeenng - Mom[o�ing witli leedi�ig SIEM Technologies Splunk LogRh}1hm, Esabeam, BM QRadar. Mrowsofr Sen[mel. Pnlo Alro, Secuco�in - Mimmum of 30 % consumphon is reqmred in each t�er to avail the [ier (volume) discoun[s. - It is es[imated �hat approsimntely 8� % of �he rotal asse�s are end-user laptops, 10 % are se�ve�s nnd ?% are otlier devices. - Addihonal details avadeble on ceques[. per assetlmon[h per assetlmon[h $2440 $20_76 $2358 $26 46 1 OU% 1 UU% 1 UU% 1 OU% $29.11 $19.96 $233d $2620 24s7x3C,� MDR/SOC Sen��ces - 2500+ Silve� (per esset p�icmg) Managed Detecfion and Response (MDR) Sen��ce (2As7x3(>?) Silve� Package includes 21 / 7/ 3G5 Monironng u��th global presence, Threat ]ntelligence and [OC management. Nnhve Detecfion Engineenng, Detechon SLA, ]nc�de�it Containment via the Pla[form - Momto�ing ����h lending SIEM Technologies Splunk LogRh}1hm, Esabeam, BM QRadar. M�crosofr Sen[mel. Pnlo Alro, Secuconn per asse[/mo�i[h - Mimmum of 30 % consumphon is reqmred in each t�er to avail the [ier (volume) discoun[s. - It is es[imated tliat approximntely 8� % of �he rotal asse�s are end-user laptops, 10 % are se�ve�s nnd ?% are otlier de��ces. - Addihonal de[ails avadeble on ceques[. 24.�'7x365 MDR/SOC Seeviees - ti00+ Gold (per asset peicing) Mviaged Detectlon and Response (MDR) Sen�ice (24x7s365) 24.�'7x365 MDR/SOC Secvices - ti00+ plalinum (per asset pcicing) Gold Pael:age inehides- 2{ / 7/ 365 Monitoring mith global peesence. Threat IntelGgence :md IOC managemeut. Aualcst In[erac[ion �cith Business and end users. Cus[om use cases Response SLA Remedfabon suppoet, Proacbve Threa[ Hunbng. Au[oma[ed Playbooks for fas[er response - Mourtocing �vitli leading SIEM Technologies- Splunk LogRhpthm Ecabeam BM QRadar. Mfecosoft SenbneL Palo AI[o, Securonfs - Minimum of 30% consumphon is cequired in each tier to avail the tier (volume) d�scowrts. - It is eshmated tliat approzimately 85% of the total asse45 are end-usec laptops, lU% are sen-ers and 5% are otlier devfces. - Addi[ional de[ails acailable on cequesL Managed DatacNon and Respouee (MDR) Seevice (Z4s7c365) Plalinum Pacl:age �ncludes- 2{ / 7/ 355 Mo�titocmg �t�ith global pcesence. Threat In[elGgence aud IOC managemenL AnalYs[ In[erac[iou �t'flh Busiuess emd end usecs, Cus[am use cases. Response SLA. Remedia[ion suppor[. Proacfive Threa[ Hundug. Au[oma[ed Playbooks for fas[er respouse. Desfgna[ed Cus[omec Success Manage[ SpecfaGzed personnel for II� Threa[ Hunbng :md de[ec[ion engineering - Mourtocing �eitli leading SIEM Techuologies- Splunk LogRhplhm Ecabeam BM QRadar. Mfecosofi SenbneL Palo AI[o, Securonfs - Minimum of 30% consumption is cequired in each tier to avail the tier (volume) d�scowrts. - It is eslimated tliat approzimately 85 % of lhe total asseLs are end-usec laptops, 10 % are sen-ers and 5% are otlier devfces. - Addi[ional de[ails acailable on cequesL per asset/month per asset/mo�ith 24s7x36� MDR/SOC Sen��ces - 5000+ Slive� (per esset p�icmg) Managed Detecfion and Response (MDR) Sen��ce (2As7x3(>?) Silve� Package includes 21 / 7/ 3G5 Monironng u��th global presence, Threat ]ntelligence and [OC management. Nnhve Detecfion Engineenng, Detechon SLA, ]nc�dent Containment via the Pla[form - Mo�u[o�ing witli leedi�ig SIEM Tech�iologies Splu�ik LogRhy�hm, Esabeam, BM QRadar. Mrowsofr Sen[mel. Pnlo Alro, Secuco�iu per asse[/mo�i[h - Mimmum of 30 % co�isumphon is reqmred in each t�er to avail the [ier (volume) discoun[s. - It is es[imated tliat approximately 8� % of �he rotal asse�s are end-user laptops, 10 % are se�vers and 5% are otlier de��ces. - Addi[�onal de[ails ava�lable on ceques[. $IR 14 $21 22 � $I� 42 I 00 % I 00 % I 00 % I 00 % $1796 $21.01 $23.57 $1527 24s7x36� MDR/SOC Sen��ces - 5000+ Gold (per asset pncmg) Manaved Detecfion and Response (MDR) Secv�ce (2As7x3G5) Gold Package includes 21 / 7/ 3G5 Monironng �v�th global presence, Threat Intelligence and IOC menegemenL Anak-s[ In[erac[�on Nith Busmess wid end users, Cus[om use ceses. Response SLA. Remed�n[wn supporL Prwchve Threa[ Him[me. Au[oma[eA PlaybooAs fo�fas[e<<esponse - Momto�ing witli lending SIEM Technologies Splunk LogRhy�hm, Esabeam, BM QRadar. M�crosoft Senhnel. Pnlo Alto, Securonn - Mimmum of 30 % consumphon is reqmred in each t�er to avail the [ier (volume) discoun[s. - It is es[imated tliat approximately RS % of �he rotal asse�s are end-user laptops, 10 % are se�ve�s nnd ?% are otlier de��ces. - Addi[�onal de[ails avadeble on ceques[. 24s7x36� MDR/SOC Sen��ces - 5000+ pla[i�ium (per nsset Managed Detec[ion end Response (MDR) Seev�ce (24�7�365) pncmg) Pla[inum Packnge includes 21 / 7/ 36� Monitonng u�ith global presence, Threat In[elligence and IOC management Anal�s[ In[erec[ion u�tlh Busmess and end usecs, Cus[om use cases. Response SLA. Remedta[ron support. Proacfive Threa[ HuNing, Auroma[ed Pleybooks for fas[er respo�ise, Des�gnn[ed Cus[ome� Success Ma�ieger, Spec�ahzed personnel for IR, Threa[ Hunhng and detechon engmeenng - Momto�ing wi�h leeding SIEM Technologies Splunk LogRhy�hm, Esabeam, BM QRadar. Mrowsofr Sen[mel. Pnlo Alro, Secuco�iu - Mimmum of 30 % consumphon is reqmred in each t�er to avail the [ier (volume) discoun[s. - It is es[imated �hat approximntely 8� % of �he rotal asse�s are end-user laptops, 10 % are se�ve�s nnd ?% are otl�cr dccices. - Addihonal details avadable on ceques[. 24.�'/s365 MDR/SOC Seevfees - 10000+ Silvee (per asset peicfng) M�iaged Detecdon and Response (MDR) Sen•fce (24x7�365) per assetlmon[h pe� aeeet/month Sih�ec Package includes- 2{ / 7/ 365 Moni[onng u�rth global presence. Thcea[ Intelligenee and IOC managemenk Nali�°e Detectlon 8ngineeemg, Deteclion SLA, Incfdent Containment cia the Pla[form - Moui[ocing �eitli leading SIEM Techuologies- Splunk LogRhpthm Ecabeam BM QRadar. Mfecosoft SenbneL Palo AI[o, Securonfs per assetlmon[h - Minimum of 30% cousumption is cequired in each [ier [o avail [he tier (volume) d�scowrts. - It is eshmated tliat approzimately 85 % of the total asse4s are end-usec laptops, lU % are sen-ers and 5% are otlier devfces. - Addi[ional de[ails acailable on ceques[. 24s7x36� MDR/SOC Sen��ces - 10000+ Gold (per nsset p�icmg) Managed Detecfion and Response (MDR) Sen��ce (2As7x3G?) Gold Pac4age includes 21 / 7/ 3G5 Monironng �v�th global presence, Threat Intelligence and IOC ma�iageme�iL A�ialps[ In[erac[ron H�th Busmess smd end users, Cus[om use cases. Response SLA. Remed�n[wn supporL Prwchve Threa[ Himhne. Au[omateA PlaybooAs fo� faste< <esponse - Mom[o�ing witli leedi�ig SIEM Technologies Splunk LogRh}1hm, Esabeam, BM QRadar. Mrowsofr Sen[mel. Pnlo Alro, Secuconn - Mimmum of 30 % consumphon is reqmred in each t�er to avail the [ier (volume) discoun[s. - It is es[imated �hat approximntely 8� % of �he rotal asse�s are end-user laptops, 10 % are se�ve�s nnd ?% are otlier de��ces. - Addi[�onal details avadeble on ceques[. per asseVmon[h $l� 04 $2f124 E� E� 1 UU% 1 00% 1 OU% i oui $1Z86 �zo_oa �tz vx �ts ix 24s7x3C,� MDR/SOC Sen��ces - 10000+ pla[inum (per asset Managed Detec[ion end Response (MDR) Secv�ce (24�7�365) pricmg) Pla[inum Packnge i�icludes 21 / 7/ 36� Monitonng m�ith global presence, Threat ]ntelligence and [OC management. Anal�st Internc[ion u�tlh Busmess and end use�, Cus[om use ceses. Response SLA. Remed�e[ron support. Proncfive Threa[ HuNing, Auroma[ed Plnybooks for fas[er response, Des�gnn[ed Cus[ome� Success Ma�inger, Spec�ahzed personnel for IR, Threa[ Hunhng and detechon engmeenng - Mo�u[o�ing witli leedi�ig SIEM Technologies Splu�ik LogRhy�hm, Esabeam, BM QRadar. Mrorosofr Sen[mel. Pnlo Alro, Secuconn - Mimmum of 30 % co�isumphon is reqmred in each t�er to avail the [ier (volume) discoun[s. - It is es[imated tliat approximately RS % of �he rotal asse�s are end-user laptops, 10 % are se�ve�s nnd ?% are otlier de��ces. - Addi[�onal de[eils avadeble on ceques[. Qwck Look Mieeosofr 365 Seeueit}� Assessmen[ (Onshoee) Discovee vulnerabili[ies, mis-configura[ions in voue Mierosoft environmenL SXl houe erockshop Sessfon (US Only Model) - Lip to l0�UU0 users - Add�bonal Ifcenses can be purohased a[ a cos[ - Addi[ional de[ails acailable on cequesL Qwck Look Mfeeosofr 365 Seeueit}° Assessme�rt (Hpbnd) Discover vulnerabiGGes, mfs-wnfigurabons in roue Mierosoft environment SXl houe ��°ockshop Sessfon (Hybcid Model). - Up to IQ000 users - Addibonal Ifcenses evi be purohased a[ a cos[ - Addi[ional de[ails acailable on ceques[. Qwck Look IAM Readuiess Assessment (Onshore) Discovee gaps in cuerent fdenhh� access management (]AM) se[up (OS Only Model) - Quiek look and non-[eelwical people� process and [echnologr assessmen[ - Up to 160 hours Quick Look IAM Readmess AssessmeN (H��b�id) D�scover gaps m cuaent �den[ih� access manngement (]AM) seNp (H}'bnd Model) - Quick look and non-technicnl people, pwcess and technobe - nssessment - Up to I60 hou�s - Addi[�onal de[ails avadeble on ceques[. Qwck I,00k Cybee Rfsk Assessment (Onshore) Dfscover gaps ui wrrent secunh� pos[ure (US Onl�� Model) - Quiek look and non-[eelwical people, process and [eclmologr assessmen[ - Up to I60 hours - Addi[ional de[ails acailable on ceques[. Quick Look Cybe� R�sk Assessment (Hybnd) Discover gaps m cu�rent secunh' posNre (H��bnd Model) - Quick look and non-technicnl people, pwcess and technobe - nssessment - Up to I60 hou�s - Addihonal details avadeble on ceques[. Qwck I,00k Opeeational Technolog}� (O'1� Assessment (Onshoee) Opeeahon Teclwolog}' Rfsk Assessment- Basfe - Single Sfte (OS Only Model) - Quiek look and non-[eelwical people� process and [eclmologr assessmen[ - Up to 160 houcs - Addi[ional de[ails acailable on ceques[. Quick Look Opera[ional Technoloe}� (OT) Assessment -(Hybnd) Opera[ion Technoloyn� R�sk Assessment- Bas�c - Single S�te (Hcbnd Model) - Quick look and non-technicnl people, pwcess and technobe - nssessment - Up to I60 hou�s - Addihonal details avadeble on ceques[. per assetlmon[h per nssessmen[ per nssessmen[ per assessmen[ per assessmen[ per assessmen[ per nssessmen[ per assessmen[ per nssessmen[ �nsi i ooi �tzoa �so 000 0o i oo i $aysoo 00 $30.000 00 I 00 % $29900.00 $35.000_OU 1 UU% $34.650.00 $2QOOf100 100% $19.800.00 $35.00f1 00 1 UO% $34.650.00 $20.00000 100% $19.R00.00 $35.00f100 100% $34.G50.00 $20,000 00 I 00 % $19.800.00 Nehvork Vulne�abd�ry Assessme�it & Pene[ra�ion Tes[ing- Neheork Vulne�abd�ry Assessment & Pene[ra�ion tes[ine (OS only Model) (Onsho�e) - Es[imated at 2 �ceeks - Up to �O IPs - Addihonal �s addeA at a cost - Addihonal de[ails avadeble on ceques[. Nehi�ork Vulnerabilil}� Assessmen[ X Pene[radon Tes[ing - Nehi�ork Vulnerabilil}� Assessmen[ & Pene[radon [es[ing (Hybrid hlodel) (H}�bcid) - Esfima[ed 2 weeks - Up to 501ps - Addibonal IPs added a[ a ws[ - Addi[ional de[ails acailable on cequesL Web Applmatio�i (DAST) -(Onshore) Web Apphcation - DAST -(US only Model) - Es[imated 2 Heeks - Up to 100 tiebpnges - Addihonal u-ebpaves ndded nt e cost - Addihonal de[eils avadeble on ceques[. Web Applfcahon (DAS'1� -(Hybcid) Web AppGcation - DAST -(Hybnd Model) - Esfima[ed 2 weeks - Up to 100 v,°ebpages - Addi[ional �cebpages added a[ a cos[ - Addi[ional de[ails a��ailable on reques[. SAST/Code Re��ew -(Onsho�e) Stahe Appliceihon Secunh' Teshng -(US onlv Model) - Line of Code �s less tlian I,000,000 - Es[imated 2 Heeks - Addihonal hnes of code added at a wst - Addi[�onal de[ails avadeble on ceques[. SAST/Code Revfev.° -(Hybcid) S[abe Applicahon Secuciry Testuig -(Hti�bnd Model) - L�ne of Code is less tl�an 1 OOO�U00 - Esfima[ed 2 N�eeks - Addi[ional lines of code added a[ a cos[ - Addi[ional de[ails acailable on ceques[. ]T/Secunry Vi�Nel CISO (v-CISO) (Onshore) Vi�hial Cybersecunb- Infomia��on Secunh� Officer ]T/Secunly Program Manager (Onshore) (Onshore) progrnm Manngement ]T/Secunry Arch�tect (Onshore) Awhitect ]AM/PAM Engmeen�ig Se�vices (O�ishore) ldentilv and Aceess Managemenl (]A�/Peivileged Acsess Management (PAM) Engineering Sen�ices IT/0eau�ity Hnginee� (Onehoce) 8eowcilv Eu,g�ueac Da[a pfpeline Engfneec (Oushoce) Da[a PfpeGne Engfneec Peuehalion Teste� (Oneho�e) Peuehahon TesNng IT/Sacuciry Complianoe Assessoe (Oushoce) Assessment oflV&V/ NIST 8aa-53/MAAS-E/NIST CSF IT/Sewnry Analps[ (Onshore) Secunb' Anal�°s[ IT/Sewnty Vic[ual - vCISO (Offshore) Vfr[tml Cybecsecucity Informa[iou Sewnly Officer (Offshoce) IT/Sewrity Progcam Mviagec (Offshoce) Program Management (Offshore) IT/Sewnty Arohftect (Offshoce) Arehitect (Offshore) ]AM/PAM En,g�neenng Services (Offshore) Iden[ih� and Access MenngemeN (]AM)/Pnvileged Access Management (PAM) Eu�uee�ng Se�vices (Offshore) ]T/0ecnnty H�iginea� (Offeho�e) 8eaudl}� Fugmee� (Offahore) Data p�petlne Fugmee�(Ofthore) Data Q�pellne Fugmee� �Offahom) Peneha[ion Tester (Offsho�e) Peneha[ion Tes[ing (Offshore) ]T/Sec�nry Comphnnce Asseeeor (Offsho�e) Asseeemeut of]V&V/ 1VIST 800-53/MARS-E/NLST CSE (Offshore) ]T/Secunry Anal}'st (Offshore) Secunh� Analyst (Offshore) per assessmen[ per �ssessmen[ per assessmen[ per nssessmen[ per assessmen[ per nssessmen[ per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour $2QOOf100 100% $19.800.00 $10 000 00 I 00 % $9.900.00 $30.000_00 1 00% $2y 700.00 $I�00000 100% $14.R50.00 $3� OOfI 00 1 UO% $2y 700.00 $U,00000 100% $14.850.00 $190 00 $17� 00 $ I60 00 $18� 00 $150 00 $150 00 $14f1 00 $135 00 $125 00 $65 00 $60 00 $55 00 $50 00 $4� 00 $4� 00 $40 00 $3� 00 $30 00 000% 000% 000% 000% � 00% � 00% � 00% � 00% � 00% � 00% � 00% � 00% 0 OU% 000% 000% 000% 000% 000% $190.00 $175.00 $1G0.00 $185.00 $li0_00 $1i0 00 $140 00 $135_00 $12i_00 $6i 00 $60 00 $ii_pp $i0_00 $45.00 $45.00 $40.00 $35.00 $30.00 EXHIBIT C Inspira Quote (ATTACHED) Cooperative Purchase Agreement — Exhibit C Page 8 of 9 � Inspira Enterprise, Inc. in s p i ra 1301 Solana Blvd, Suite 2570, Westlake, Texas76262 Phone: (254) 467-7472 Sales Rep Tim Sanouvong Tim.Sanouvon�C�inspiraenterarise.com � Date January 26, 2026 TIPS Contract # 250106 Quote � Order Form: City of Fort Worth - IT Solutions Bill To: City of Fort Worth - IT Solutions 100 Fort Worth Trail Fort Worth, Texas - 76102 UNITED STATES Ship To: City of Fort Worth - IT Solutions 100 Fort Worth Trail Fort Worth, Texas - 76102 UNITED STATES Quote Expiration Date: March 26, 2026 *Must match shipping address on purchase order (if applicable) ----- Please refer to the quote details on the next page----------- ------------ Inspira Enterprise, Inc. 1301 Solana Blvd, Suite 2570, Westlake, Texas 76262 Phone: (254) 467-7472 Page 1 of 3 External Penetration 6 Weeks Testing • External penetration testing of live, approved public IP addresses within the defined scope. Network • Testing using industry-standard methodologies to identify and Vulnerability validate exploitable vulnerabilities. Assessment • Formal report with executive summary, risk ratings, technical & evidence and prioritized remediation guidance. Penetration • One remediation retest included to verify closure of identified Testing findings. • Internal testing, source code review, DoS, and social engineering are excluded. An invoice will be raised upon contract signature. Tota l I nvoice $ 22,000.00 Pricing per TIPS Contract #250106 Above price is exclusive of applicable taxes. The invoice shall be raised with applicable taxes, if any over and above-mentioned price. If Tax Exempt, please e-mail tax exemption certificate to your sales representative. $ 22,000.00 Quoted prices do not include any applicable sales, use, withholding, and VAT taxes, and any related import fees, shipping and handling costs, customs, and duties. 7axes on an Order Form are estimates and subject to change. Customers not subject to sales tax should provide evidence priorto binding; exempt documentation must be signed and dated prior to invoicing or Customer will be responsible for billed taxes. All sales are final, and prices are in U.S. dollars unless otherwise indicated. Subscription and/or Support Services fees are prorated based on the Effective Date and are therefore subject to change. A binding sale is established upon signature by Client on this Order Form as of the date signed ("Effective Date"). Order will be invoiced on or around the Effective Date unless otherwise agreed upon. If Customer requires a purchase order, which will be considered only for the purposes of invoicing, and one is not provided as of the Effective Date, Customer can email purchase orders to erocurement-usana lists.insoiraenterorise.com. Purchase orders do not impact the Effective Date, terms and conditions, pricing, or payment terms. Unless otherwise invoiced, payment terms are Net 30 for all professional services included in the Order Form. If a purchase order is provided in lieu of signing the Order Form, the Effective Date will be the later date of, receipt of the purchase order or the purchase order issue date. Any varying or additional terms contained in any purchase order or other written notification, or document issued by Client will be of no force or effect. eLearning Services must be consumed within one year of the date of this Order Form. If required for invoicing, indicate purchase order number or if remitting a purchase order, please email purchase order addressed to Inspira Enterprise Inc to Tim.Sanouvong@inspiraenterprise.com PO Number: All purchase orders must be made out to: Inspira Enterprise, Inc. 1301 Solana Blvd, Suite 2570, Westlake, Texas 76262 Inspira Enterprise, Inc. 1301 Solana Blvd, Suite 2570, Westlake, Texas 76262 Phone: (254) 467-7472 Page 2 of 3 Agreed and Accepted: Name Signature Dianna Giordano G�ON�� Dianna Giordano (Mar 2, 2026 �7:12:5� CST) rt�e Date Assistant City Manager 03/02/2026 Inspira Enterprise, Inc. 1301 Solana Blvd, Suite 2570, Westlake, Texas 76262 Phone: (254) 467-7472 Page 3 of 3 EXHIBIT D Conflict of Interest Questionnaire (ATTACHED) Cooperative Purchase Agreement — Exhibit D Page 9 of 9 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. FORM CIQ OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who oate 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. J Name of vendor who has a business relationship with local governmental entity. Inspira Enterprise, Inc. DBA Inspira Cybersecurity an rl IT Cnliitinnc Inr in Tavac � ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer � Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? � Yes � No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? � Yes � No � Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. � � J Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). �' ;�, u�.. �,6�; February 25, 2026 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(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 & 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: *** (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 FORT ��RTH� City Secretary's Office Contract Routing & Transmittal Slip COnti'aCtOr'S Name: Inspira Enterprise, Inc. Sub�eCt Of the Agreement: Cooperative Purchase Agreement with Inspira Enterprise, Inc. utilzing TIPS No. 250106 M&C Approved by the Council? * Yes ❑ No 8 If �so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If �so, provide the original contract number and the amendment number. Is the Contract "PermanenY'? *Yes ❑ No 8 If �unsure, see back page for pernianent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Expiration Date: May 3�, 202� If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If �so, please ensure it is attached to the approving M&C or attached to the contract. Proj ect Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processin� in the followin� order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.