HomeMy WebLinkAboutDocumentation_Regular_Tab 06_11/14/2024Agenda Item #6.
Regular Council
STAFF MEMO
Meeting:Regular Council - Nov 14 2024
Staff Contact:Gus Medina, Police Chief Department:Police
TITLE
Consider Approving the Purchase of Police Emergency Equipment from Prologic ITS for the Police
Department's new Patrol Units.
SUMMARY:
This item is seeking the approval to continue the outfitting of the Tequesta Police Department's new
patrol units. These purchases will include such items as emergency lights, sirens, prisoner transport
system, etc. These items are needed to outfit the new patrol units so they can be placed into service.
This purchase is a piggy back purchase using The Interlocal Purchasing System (Contract #240102).
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
BUDGET INFORMATION:
BUDGET AMOUNT AMOUNT AVAILABLE EXPENDITURE AMOUNT:
$270,000.00$76,100.0046,000.00
FUNDING SOURCES: Capital Funds IS THIS A PIGGYBACK:
Yes N/A
DID YOU OBTAIN 3 QUOTES?
Yes N/A
COMMENTS/EXPLANATION ON SELECTION Piggy Back Contract
POTENTIAL MOTION / DIRECTION REQUESTED:
Recommend to Pass
ATTACHMENTS:
240102_CONTRACT_Emergency_ProLogic_ITS(1)
ProLogic_ITS_LLC.010308.v1.14
ProLogic_ITS_LLC.010302.v1.8
Page 71 of 831
Agenda Item #6.
TIPS VENDOR AGREEMENT
TIPS RFP 240102 Emergency Responder Supplies, Equipment, and Services
) creates a legal agreement between The In
government purchasing cooperative and Department of Texas Region 8 Education Service Center and (INSERT ENTITY NAME):
PROLOGICITS,LLC
ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ
(ENTER ENTITY NAME\]
nd this
agreement shall exclusively govern
TIPS, a governmental entity and a national purchasing cooperative seeks to providea valuable and necessary solution to public entities
and qualifying non-profits by performing the public procurement solicitation process and awarding compliant contracts to qualified
ing time,
money, and resources on the extensivepublicprocurement process, the use of TIPS allows public entities to quickly select and purchase
their preferred products or services from qualified, competitively evaluated vendorsthrough cooperative purchasing.
1.Purpose. The purpose of this Agreement is toidentifythe terms and conditions of the relationship between TIPS and Vendor. Public
procurements and agreements where the laws of their jurisdiction allow. TIPS Members are not contractual parties to this Agreement
although terms and conditions of this Agreement may ensure benefits to TIPS Members.
2.Authority. The Parties agree that the signatories below are individual authorized to enter into this Agreement on behalf of their entity
and that they are acting under due and proper authority under applicable law.
3.Definitions.
a.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.
submitting a proposal in response to that posted TIPS Solicitationfor 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 Vendorby TIPSthrough the TIPS
solicitation including all accepted required attachments, acknowledged
notices and certifications, accepted negotiated terms, pricing, accepted responses to questions, andacceptedwritten clarifications of
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
documentsthe terms and conditions herein shall control.
erms, and License Agreements. Because TIPS serves public entities and non-profits throughout
the nation allof which aresubject to specific laws and policies of their jurisdiction, as a matter of standard practice, TIPS does not
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 submittedby Vendorfor 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 AgreementPage 1
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Agenda Item #6.
6.Vendor Identity and Contact Information.that all identifying vendor information(name,
Portal.
irm that all e-correspondence issued from tips-usa.com, ionwave.net, and tipsconstruction.com
correspondence from these domains and failure to keep vendor identity and contact information current at all times during thelife 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
7.Initiation of TIPS Sales. When a public entity initiates a purchase with Vendor, if the Member inquires verbally or in writing whether
Vendorholds a TIPS Contract, it is the duty of the Vendor toverify whether the Member is seeking a TIPS purchase. Once verified,
Vendormust include the TIPS Contract Number on all purchasecommunications and sales documents exchanged with the TIPS
Member.
8.TIPS Salesand 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
tal
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 order, even when processed through TIPS, Vendor is representing that Vendorhas carefully reviewed the order
for legality, authenticity, and accuracyand 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 toand authorizedby the Parties in writingwithin the Supplemental Agreement.
9.Right of Refusal.
otherwise required by law.
10.Reporting TIPS Sales. Vendor must reportall TIPS Sales to TIPS. If a TIPS
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 TIPSSales must be reported to TIPS
by either: (1) Emailing the purchase order or similar purchase
Contract Name and Numberincluded) to TIPS at tipspo@tips-usa.comw
) 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 pursuans TIPS
for more information about reporting sales
and if you have further questions, contact the Accounting Team at accounting@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 Secti
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 applicableand
identifiable, which islegally due to TIPS, but the exact TIPS Administration Fee for this Contract is published in the corresponding
solicitationand is incorporated herein by reference. TIPS Admit of
payment, including partial payment, for a TIPS Sale. The TIPS Administration Fee is assessed on the amount paid by the TIPS Member,
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 Feepaymentas soon as possible but not later than thirty-one calendar days following
ll
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
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 AgreementPage 2
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Agenda Item #6.
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 collectTIPS
Administration Fees due to TIPS pursuant to this Agreement.
12.Term of the Agreement.This Agreement with TIPS is for approximately threeyears with a one-year, consecutive option for renewal
as described herein. Renewal options are not automatic and shall only be effective if offered by TIPS at its sole discretion. If TIPS
ion 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
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 ofshed in the
Solicitation, regardless of the actual Effective Date.
Example of Term Calculation Start Date:
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 three-years from the Term Calculation Start Date.
Example of Contract Expiration Date:
negotiations delay award until June 27, 2023 (Actual Effective Date), the Term Calculation Start Date shall be May 31, 2023 and the
rm, (which is subject to an extension(s)) will be May 31, 2026 in this
example.
Option(s) for Renewal: Any option(s) for renewal shall begin on the Contract Expiration Date, 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,
2026, then the one-year renewal is effective from May 31, 2026 to May 31, 2027.
TIPS may offer to extend Vendor Agreements to the fullest extent the TIPSSolicitationresulting in this Agreementpermits.
13.TIPS Pricing. Vendor agrees and understands that for each TIPS Contract that it holds, Vendor submitted, agreed to, and received
that
nfirms 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 throughthisTIPSContractif those goods and
g
update requests as specifically as line-item by line-item to determine compliance. However, Vendor contractually agrees that all
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. Anypricing quoted by Vendor to a TIPS Member or on a TIPS
e offered through TIPS. TIPS Pricing price increases and
Quote
ein by
reference.
14.Indemnification of TIPS. V
ENDOR AGREES TO INDEMNIFY,HOLD HARMLESS,AND DEFEND TIPS,TIPSM EMBERS,TIPS
OFFICERS,TIPSE MPLOYEES,TIPSD IRECTORS,AND TIPST RUSTEES (THE NDEMNITEESFROM AND AGAINST ALL
CLAIMS AND SUITS BY THIRD-PARTIES FOR DAMAGES,INJURIES TO PERSONS (INCLUDING DEATH),PROPERTY DAMAGES,LOSSES,
EXPENSES,FEES,INCLUDING COURT COSTS,ATTORNEYS FEES,AND EXPERT FEES,ARISING OUT OF OR RELATING TO V ENDORS
PERFORMANCE UNDER THIS A GREEMENT(INCLUDING THE PERFORMANCE OF V ENDORS OFFICERS,EMPLOYEES,AGENTS,
A UTHORIZED R ESELLERS,SUBCONTRACTORS,LICENSEES,OR INVITEES),REGARDLESS OF THE NATURE OF THECAUSE OF ACTION,
INCLUDING WITHOUT LIMITATION CAUSES OF ACTIONBASED UPON COMMON,CONSTITUTIONAL,OR STATUTORY LAW OR BASED IN
TIPS Vendor AgreementPage 3
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Agenda Item #6.
WHOLE OR IN PART UPON ALLEGATIONS OF NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS ON THE PART OF V ENDOR,ITS
OFFICERS,EMPLOYEES,AGENTS,A UTHORIZED R ESELLERS,SUBCONTRACTORS,LICENSEES,OR INVITEES. NOLIMITATIONOF
LIABILITYFORDAMAGESFORPERSONALINJURYORPROPERTYDAMAGEAREPERMITTEDORAGREEDTO
BYTIPS.A PART FROM THIS INDEMNIFICATION PROVISION REQUIRING INDEMNIFICATION OF THE TIPSI NDEMNITEES
ATTORNEYS FEES AS SET FORTH ABOVE, RECOVERY OF ATTORNEYSFEES BY THE PREVAILING PARTY IS AUTHORIZED ONLY IF
AUTHORIZED BY T EX.E DUC.C ODE §44.032(F).
V ENDOR AGREES THAT IT IS VOLUNTARILY PROVIDINGDATA
(INCLUDING BUT NOT LIMITED TO:V ENDOR INFORMATION,V ENDOR DOCUMENTATION,V ENDORS PROPOSALS,V ENDOR PRICING
SUBMITTED OR PROVIDED TO TIPS,TIPS CONTRACT DOCUMENTS,TIPS CORRESPONDENCE,V ENDOR LOGOS AND IMAGES,
V ENDORS CONTACT INFORMATION,V ENDORS BROCHURES AND COMMERCIAL INFORMATION,V ENDORS FINANCIAL
INFORMATION,V ENDORS CERTIFICATIONS,AND ANY OTHER V ENDOR INFORMATION OR DOCUMENTATION,INCLUDING WITHOUT
LIMITATION SOFTWARE AND SOURCE CODE UTILIZED BY V ENDOR,SUBMITTED TO TIPS BY V ENDOR AND ITS AGENTSENDOR
D ATATO TIPS. F OR THE SAKE OF CLARITY,AND WITHOUT LIMITING THE BREADTH OF THE INDEMNITY OBLIGATIONS IN
S ECTION 14 ABOVE,V ENDOR AGREES TO PROTECT,INDEMNIFY,AND HOLD THE TIPSI NDEMNITEES HARMLESS FROM AND AGAINST
ANY AND ALL LOSSES,CLAIMS,ACTIONS,DEMANDS,ALLEGATIONS,SUITS,JUDGMENTS,COSTS,EXPENSES,FEES,INCLUDING COURT
COSTS,ATTORNEYS FEES,AND EXPERT FEESAND ALL OTHER LIABILITY OF ANY NATURE WHATSOEVERARISING OUT OF OR
RELATING TO:(I)A NY UNAUTHORIZED,NEGLIGENT OR WRONGFUL USE OF,OR CYBER DATA BREACH INCIDENT AND VIRUSES OR
OTHER CORRUPTING AGENTS INVOLVING,V ENDORS D ATA,PRICING,AND INFORMATION,COMPUTERS,OR OTHER HARDWARE OR
SOFTWARE SYSTEMS,AND;(II)ALLEGATIONS OR CLAIMS THAT ANY V ENDOR D ATA INFRINGES ON THE INTELLECTUAL PROPERTY
RIGHTS OF A THIRD-PARTYOR V ENDOR.
16.Procedures Related to Indemnification.In the event thatan indemnity obligation arises, Vendor shall pay all amounts set forth in
Section 14and 15 above (including anysettlemnity obligation withoutrol
the legal defense to such claim or cause of action, including without limitation attorney selection, strategy, discovery, trial, appeal, and
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.
17.Indemnity for Underlying Salesand Supplemental Agreements. Vendor shall be solely responsible for any customer claims or any
disputes arisingout ofTIPS Salesor any Supplemental Agreementas if sold in the open-market. The Parties agree that TIPS shall not
s 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 TIPSsales, 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 Salesbetween 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
ng out of
18.Confidentiality of Vendor Data. Vendor understands and agrees that by signing this Agreement, all Vendor Data is hereby released
he
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 Vendorure
he
claimed confidential materials throughproper execution of the Confidentiality Claim Formwhich is required to be submitted as part
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
nd TIPS
requests an opinion from the Attorney General, Vendormay, 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 requirementsof the
Public Information Act. Vendoris solely responsible for submitting thememorandum brief and information to the Attorney General
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Agenda Item #6.
within the time period prescribed by the Public Information Act.Notwithstanding any other information provided in this solicitation
, including any information deemed confidential or proprietary, to TIPS
Membersor as ordered by a Court or government agency, including without limitation the Texas Attorney General. Vendor agrees
that TIPS shall not be responsible or liable for any use or distribution of information or documentation by TIPS Members or as required
by law.
TIPS 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
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
arties
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 aboverelated to Authorized Reseller TIPS Sales made pursuant
to this Agreementor purporting to be made pursuant to this Agreementthat may be asserted against Vendor whether rightfully brought
caused
Vendor ofbreach this Agreement.
20.Circumvention ofTIPS 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 purchaseinitiated 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 salebeing
opportunities at TIPS sole discretion.
21.State of Texas Franchise Tax. By signature hereon, Vendor hereby certifies that Vendor is not currently delinquent in the payment
of any franchise taxes owed to the State of Texas under Chapter 171 of the Texas Tax Code.
22.Termination.
A)Termination for Convenience. TIPS may, by written notice to Vendor,terminate this Agreement for convenience,
specifying the effective datethereof.
B)Termination forCause. 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)
provide written notice to TIPS specifying the default (
within thirty (30) days, Vendor mayterminatethisAgreement, in whole or in part,forcause. If Vendor
terminates this Agreement for cause, and it is later determined that the termination for cause was wrongful, the
termination shall automatically be converted to and treated as a termination 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
discretion and that any Vendor may be removed from the TIPS program at any time with or without cause.This
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Agenda Item #6.
termination clause does not affect TIPS Sales Supplemental Agreements pursuant to this term regarding
termination and the Survival Clause term.
E)Vendor hereby waives any and all claims for damages, including, but not limited, to consequential damages or
23.Survival Clause. It is the intent of the Parties that this Agreementand procurement methodappliesto any TIPS Sale made during the
life of this Agreement even if made on or near the Contract Expiration Dateas 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.
24.Audit Rights. Due to transparency statutes and public accountability requirements of TIPS and TIPS Members, Vendor shall at their
sole expense, maintain documentation of all TIPS Sales for a period of three years from the time of the TIPS Sale. In order to ensure
with
notice.
Notwithstanding the foregoing, in the event that TIPS is made aware of any pricing being offered to eligible entities that ismaterially
shall have the ability to conduct the audit internal
t. 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 orcourt 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.
25.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
arded
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 TIPS Department, if any, through the Conflict of Interest attachment provided in the
solicitation resulting in this Agreement.
26.Volume of TIPS Sales. Nothing in this Agreement or any TIPS communication may be construed as a guarantee that TIPS or TIPS
Members will submit any TIPS orders to Vendor at any time.
27.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.
28.Severability. If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be invalid, void, or
unenforceable, then such term(s) or provision(s) shall be deemed restated to reflect the original intention of the Parties asnearly 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.
29.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 writing to
the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation
of the affected party, so far as it is affected by such Force Majeureas described, shall be suspended during the continuance of the
inability then claimedbut for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable
e Force
Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control
30.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,
TIPS Vendor AgreementPage 6
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Agenda Item #6.
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.
31.Insurance Requirements. Vendor agrees to maintain the following minimum insurance requirements for the duration of this
Agreement. All policies held by Vendor to adhere to this term shall be written by a carrier witha financial size category of VII and at
least a rating ofits are to be considered minimum requirements and in
no way limit the liability of the Vendor(s). Any immunity available 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 aended,
void
coverage except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to TIPS or the TIPS
Member if a project or pending delivery of an order is ongoing. Upon request, certified copies of all insurance policies shall be furnished
to the TIPS or the TIPS Member. Vendor agrees that when Vendor or its subcontractors are liable for any damages or claims, Ven
policy, shallbe primary over any other valid and collectible insurance carried by the Memberor TIPS.
General Liability:$1,000,000 each Occurrence/Aggregate
Automobile Liability:
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
32.Waiver. No waiver of any single breach or multiple breaches of any provision of this Agreement shall be construed to be a waiver of
any breach of any other provision. No delay in acting regarding any breach of any provision shall be construed to be a waiverof such
breach.
33.Binding Agreement. This Agreement shall be binding and inure to the benefit of the Parties hereto and their respective heirs, legal
successors, and assigns.
34.Headings. The paragraph headings contained in this Agreement are included solely for convenience of reference and shall not in any
way affect the meaning or interpretation of any of the provisions of this Agreement.
35.Choice of Law and Venue. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State
of Texas. Any proceeding, claim, action, or alternative dispute resolution arising out of or relating to this Agreement or involving TIPS
shall be brought in a State Court of competent jurisdiction in Camp County, Texas, or if Federal Court is legally required, a Federal
Court of competent jurisdiction in the Eastern District of Texas, and each of the Parties irrevocably submits to the exclusive jurisdiction
of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees
that all claims in respect of the proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding
arising out of or relating to this procurement process or any contract resulting from or and contemplated transaction in any other court.
The Parties agree that 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.
36.Relationship of the Parties. Nothing contained in this Agreement shall be construed to make one Party an agent of the other Party
nor shall either party have any authority to bind the other in any respect, unless expressly authorized by the other party inwriting. The
Parties are independent contractors and nothing in this Agreement creates a relationship of employment, trust, agency or partnership
between them.
37.Assignment. No assignment of this Agreement or of any duty or obligation of performance hereunder, shall be made in whole or in
part by a Party hereto without the prior written consent of the other Party. Written consent of TIPS shall not be unreasonably withheld.
38.Minimum Condition and Warranty Requirements for TIPS Sales. All goods quoted or sold through a TIPS Sale shall be new
unless clearly stated otherwise in writing. All new goods and services shall include the applicable manufacturers minimum standard
warranty unless otherwise agreed to in the Supplemental Agreement.
TIPS Vendor AgreementPage 7
Page 78 of 831
Agenda Item #6.
39.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.
40.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 time for completion. 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.
41.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 Agreementinvolving
e
42.Minimum Vendor Legal Requirements. Vendor shall remain aware of and comply withthis Agreement andall 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.
43.Minimum Site Requirements for TIPS Sales (when applicable to TIPS Sale).
Cleanup:
from their work as required or directed by the TIPS Member or as agreed by the parties. Upon completion of work, the premisesshallbe
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
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 aty
additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no
additional charge.
Safety Measures: Vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly
maintain all necessary safeguards for protection of workers and the public. 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 Me
policies.
44.Payment for TIPS Sales.
as otherwise agreed to in the applicable Supplemental Agreement after receipt of the invoice and in compliance with applicable payment
statutes. Regardless of how payment is issued or received for a TIPS Sale, Vendor is responsible for all reporting and TIPS
Administration Fee payment requirements as stated herein.
45.Marketing. Vendor agrees to allow TIPS to use their name and logo within the TIPS website,database,marketing materials, and
advertisementsunless Vendor negotiatesthis term to include aspecifir
any form of publicity, inclusive of press release, regarding this Agreement by Vendor must have prior approval from TIPS which will
. For marketing efforts directed to TIPS Members,
not be unreasonably withheld. Request may be made by email to tips@tips-usa.com
Vendor must request and execute a separate Joint Marketing Disclaimer, at marketing@tips-usa.com, before TIPS can release contact
information for TIPS Member entities for the purpose of marketing your TIPS contract(s). Vendor must adhere to strict Marketing
Requirements once a disclaimer is executed. The Joint Marketing Disclaimer is a supplemental agreement specific to joint marketing
efforts and has no effect on the terms of the TIPS Vendor Agreement. Vendor agrees that any images, photos, writing, audio, clip art,
TIPS Vendor AgreementPage 8
Page 79 of 831
Agenda Item #6.
Data utilized, provided, or approved by Vendor during the course of
the joint marketing efforts are either the exclusive property of Vendor, or Vendor has all necessary rights, license, and permissions to
utilize said Property in the joint marketing efforts. Vendor agrees that they shall indemnify and hold harmless TIPS and itsemployees,
officers, agents, representatives, contractors, assignees, designees, and TIPS Membersfrom any and all claims, damages, and judgments
involving infringement of patent, copyright, trade secrets, trade or services marks, and any other intellectual or intangibleproperty
46.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.
47.Automatic RenewalLimitation 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
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 Supplemen
terms is rendered void and unenforceable.
48.Choice of Law Limitation for TIPS Sales. Vendor agrees that if any "Choice of Law" provision is included in any TIPS Sale
agreement/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 TIPSMember shall be the state where the TIPS Member operates unless the TIPS
Member expressly agrees otherwise.Any TIPS Sale Supplemental Agreement cclause that conflicts with
these terms is rendered void and unenforceable.
49.Venue Limitation for TIPS Sales. Vendor agrees that if any "Venue" provision is included in any TIPS Sale Agreement/contract
between Vendor and a TIPS Member, that clause must provide that the "Venue" for any litigation or alternative dispute resolution shall
be in the state and county where the TIPS Member operates unless the TIPS Member expressly agrees otherwise. Any TIPS Sale
rms is rendered void and unenforceable.
50.Indemnity Limitation for TIPS Sales. Texas and other jurisdictions restrict the ability of governmental entities to indemnify others.
Vendor agrees that if any "Indemnity" provision which requires the TIPS Member to indemnify Vendor is included in any TIPS sales
agreement/contract between Vendor and a TIPS Member, that clause must either be stricken or qualified by including that such
mber
expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing an "Indemnity" clause that conflicts with these terms
is rendered void and unenforceable.
51.Arbitration Limitation for TIPS Sales. Vendor agrees that if any "Arbitration" provision is included in any TIPS Sale
agreement/contract between Vendor and a TIPS Member, that clause may not require that the arbitration is mandatory or binding.
Vendor agrees that if any "Arbitration" provision is included in any TIPS Sale agreement/contract between Vendor and a TIPS Member,
that clause provides for only voluntary and non-binding arbitration unless the TIPS Member expressly agrees otherwise. Any TIPS
e.
In Witness Whereof, the parties hereto, each acting under due and proper authority, have signed this Agreement.
TIPS Vendor AgreementPage 9
Page 80 of 831
Agenda Item #6.
Page 81 of 831
Agenda Item #6.
240102
ProLogic ITS
ProLogic ITS, LLC
Supplier Response
Event Information
Number:240102
Title:Emergency Responder Supplies, Equipment, and Services
Type:Request for Proposal
Issue Date:1/4/2024
Deadline:2/16/2024 03:00 PM (CT)
Notes:This is a solicitation issued by The Interlocal Purchasing System (TIPS), a department of
Texas Region 8 Education Service Center. It is an Indefinite Delivery, Indefinite Quantity
("IDIQ") solicitation. It will result in contracts that provide, through adoption/"piggyback"
an indefinite quantity of supplies/services, during a fixed period of time, to TIPS public
entity and qualifying non-profit "TIPS Members" throughout the nation. Thus, there is no
specific project or scope of work to review. Rather this solicitation is issued as a
prospective award for utilization when any TIPS Member needs the goods or services
offered during the life of the agreement.
IF YOU CURRENTLY HOLDS TIPS CONTRACT 210102 EMERGENCY RESPONDER
SUPPLIES, EQUIPMENT, AND SERVICES ("210102"), YOU MUST RESPOND TO THIS
SOLICITATION TO PREVENT LAPSE OF CONTRACT UNLESS YOU HOLD ANOTHER
CURRENT TIPS CONTRACT THAT COVERS ALL OF YOUR EMERGENCY RESPONDER
OFFERINGS. THIS AWARDED CONTRACT WILL REPLACE YOUR EXPIRING TIPS
CONTRACT 210102.
Page 1 of 32 pagesVendor: ProLogic ITS240102
Page 82 of 831
IF YOU HOLD ANOTHER TIPS CONTRACT OTHER THAN 210102 WHICH COVERS ALL OF
Agenda Item #6.
YOUR EMERGENCY RESPONDER 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 pagesVendor: ProLogic ITS240102
Page 83 of 831
Agenda Item #6.
ProLogic ITS Information
Contact:Mandy Rusch
Address:106 NORTHPOINT PKWY
Building 2, Suite 350
ACWORTH, GA 30102-2082
Phone:(866) 923-0513
Fax:(770) 755-4411
Toll Free:(866) 923-0513
Email:mandy.rusch@prologicits.com
Web Address:https://prologicits.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Paul Sprayberrypaul.sprayberry@prologicits.com
SignatureEmail
Submitted at 2/14/2024 09:41:22 AM (CT)
Requested Attachments
240102 Pricing Form
Pricing Form 1
1_ProLogic_FINAL.xlsx
completed as instructed, and uploaded to this location.
240102 Vendor
Vendor Agreement
Agreement_PLITS.pdf
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.
240102 Pricing Form
Pricing Form 2
2_ProLogic_FINAL.xlsx
completed as instructed, and uploaded to this location.
Vendor Agreement Signature
Vendor Agreement Signature Form
Form_ProLogic ITS_Signed.pdf
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.
W-9_Rev Oct 2018_Signed and
Current Form W-9
Dated V2.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.
240102 Reference
Reference Form
Form_ProLogic ITS.xls
properly completed, and uploaded to this location. The Reference Form must be uploaded in Excel format.
Page 3 of 32 pagesVendor: ProLogic ITS240102
Page 84 of 831
Confidentiality Form_ProLogic
Agenda Item #6.
Required Confidentiality Claim Form
ITS_Signed.pdf
System, reviewed, properly completed, and uploaded to this location. This is the only way for Vendor to assert
confidentiality of any information submitted.
No response
Alternate or Supplemental Pricing Documents
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.
ProLogic ITS Logo.png
Vendor Logo (Supplemental Vendor Information Only)
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.
No response
Disclosure of Lobbying Activities - Standard Form - LLL
Do not upload this form unless Vendor has reportable lobbying activities.
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
IonWave eBid System, reviewed, properly completed, and uploaded to this location.
No response
Conflict of Interest Questionnaire - Form CIQ
Do not upload this form unless you have a reportable conflict with TIPS.
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
reviewed, properly completed, and uploaded at this location.
COI - SAMPLE_ProLogic ITS,
Certificates & Licenses (Supplemental Vendor Information Only)
LLC.pdf
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.
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.
ISO 9001_2024_3445US.pdf
Supplemental Vendor Information (Supplemental Vendor Information
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
These supplemental documents shall not be considered part of the TIPS Contract. Rather, they are Vendor
Supplemental Information for marketing and informational purposes only.
Response Attachments
ProLogic ITS Executive Summary.pdf
ProLogic ITS, LLC Executive Summary
ProLogic-ITS_Samsara-for-Fleets.pdf
Samsara - Fleet Analytics
Page 4 of 32 pagesVendor: ProLogic ITS240102
Page 85 of 831
ProLogic-ITS_Samsara-Student_Transportation_Brochure.pdf Agenda Item #6.
Samsara - Student Transportation and Safety
Prologic-ITS_Upfitting-MobilitySolutions.pdf
ProLogic ITS UPfitting and Mobility Solutions
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.
GA
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.
ProLogic ITS is an experienced full lifecycle service provider of hardware and software solutions, professional
centralized all the elements our customers need and expect from a trusted source for IT products, services, and
overall solutions. Our turn-key business model meets the specific needs of our customers while providing cost-
effective solutions designed to provide excellent performance with a lower overall cost of ownership. Project
Managers are assigned to every project.
Management team is ultimately responsible for planning, identifying risk, managing issues, following change
management procedures, measuring, reporting, quality assurance, and monitoring the budget. We have dedicated
resources specializing in Vehicle Up-Fitting, In-Car Installations, Rugged Mobility, and Audio-Visual Products. Our
installers are background checked, drug tested and will clear a Level 3 CJIS Test when needed.
Page 5 of 32 pagesVendor: ProLogic ITS240102
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Agenda Item #6.
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.
Mandy Searcy Rusch
7 Primary Contact Title
Primary Contact Title
Contracts and Proposals Manager
8 Primary Contact Email
Please enter a valid email address that will definitely reach the Primary Contact.
mandy.rusch@prologicits.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.
8669230513
1 Primary Contact Fax
0
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 Primary Contact Mobile
1
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.
Paul Sprayberry
1 Secondary Contact Title
3
Secondary Contact Title
Managing Partner/Signatory
1 Secondary Contact Email
4
Please enter a valid email address that will definitely reach the Secondary Contact.
paul.sprayberry@prologicits.com
Page 6 of 32 pagesVendor: ProLogic ITS240102
Page 87 of 831
Agenda Item #6.
1 Secondary Contact Phone
5
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 secondarily responsible
forall TIPS matters and inquiries for the duration of the contract can be reached directly.
8669230513
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 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 Administration Fee Contact Name
8
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.
Olga Wellington
1 Administration Fee Contact Email
9
Please enter a valid email address that will definitely reach the Administration Fee Contact.
AR@ProLogicITS.com
2 Administration Fee Contact Phone
0
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).
8669230513
2 Purchase Order and Sales Contact Name
1
Please identify the individual who will be responsible for receiving and processing purchase orders and sales under
the TIPS Contract.
Cheryl Cox
2 Purchase Order and Sales Contact Email
2
Please enter a valid email address that will definitely reach the Purchase Order and Sales Contact.
Inside.Sales@ProLogicITS.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).
8669230513
2 Company Website
4
Company Website (Format - www.company.com)
www.ProLogicITS.com
Page 7 of 32 pagesVendor: ProLogic ITS240102
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Agenda Item #6.
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.
ProLogic ITS, LLC
2 Primary Address
6
Primary Address
106 Northpoint Parkway, Building 2, Suite 350
2 Primary Address City
7
Primary Address City
Acworth
2 Primary Address State
8
Primary Address State (2 Digit Abbreviation)
GA
2 Primary Address Zip
9
Primary Address Zip
30102
3 Search Words Identifying Vendor
0
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.
3 Certification of Vendor Residency (Required by the State of Texas)
1
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.
No
Page 8 of 32 pagesVendor: ProLogic ITS240102
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Agenda Item #6.
3 Vendor's Principal Place of Business (City)
2
In what city is Vendor's principal place of business located?
Acworth
3 Vendor's Principal Place of Business (State)
3
In what state is Vendor's principal place of business located?
Georgia
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?
11
3 Certification Regarding Entire TIPS Agreement
5
Vendor agrees that, if awarded, Vendor's final TIPS Contract will consist of the provisions set forth in the finalized
TIPS Vendor Agreement, Vendor's responses to these attribute questions, and: (1) The TIPS solicitation document
resulting in this Agreement; (2) Any addenda or clarifications issued in relation to the TIPS solicitation; (3) All
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
Does Vendor agree?
Yes, Vendor agrees
Page 9 of 32 pagesVendor: ProLogic ITS240102
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Agenda Item #6.
3 Minimum Percentage Discount Offered to TIPS Members on all Goods and Services (READ
6
CAREFULLY)
Please read thoroughly and carefully as an error on your response can render your contract award
unusable.
TIPS Members often turn to TIPS Contracts for ease of use and to receive discounted pricing.
What is the minimum percentage discount that you can offer TIPS Members off of all goods and service
pricing (whether offered through Pricing Form 1, Pricing Form 2, or in another accepted format) that you
offer?
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
. 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% discounted price
of: "Tablet A" - $99, "Tablet Set-Up Service" - $99, and "Tablet B" - $180.00.
original proposal, ifyou 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?
1%
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
8
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 pagesVendor: ProLogic ITS240102
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Agenda Item #6.
3"Catalog Pricing" and Pricing Requirements
9
This is a requirement of the TIPS Contract and is non-negotiable.
In this solicitation and resulting contract, "Catalog Pricing" shall be defined as:
"The then available list of goods or services, in the most current listing regardless of date, that takes the form of a
catalog, price list, price schedule, shelf-price or other viewable format that:
A. is regularly maintained by the manufacturer or Vendor of an item; and
B. is either published or otherwise available for review by TIPS or a customer during the purchase process;
C. to which the Minimum Percentage Discount proposed by the proposing Vendor may be applied.
If awarded on this TIPS Contract, for the duration of the contract, Vendor agrees to provide, upon request, their
then current "Catalog Pricing." Or, in limited circumstances where Vendor has proposed the Percentage Mark-Up
method of pricing in this proposal, proof of Vendor's "cost" may be accepted by TIPS in place of catalog pricing.
YES
4 EXCEPTIONS & DEVIATIONS TO TIPS STANDARD TERMS AND CONDITIONS
0
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
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
n the event of
conflict between the terms of the finalized Vendor Agreement and one of the incorporated documents the terms and
conditions which are in the best interest of governmental/qualifying non-profit TIPS Members shall control at TIPS
sole discretion.
If Vendor responds, "No, Vendor does not agree" to this Attribute, after this solicitation legally closes and TIPS
begins evaluating Vendor's file, TIPS will provide Vendor with a draft Word Document version of the Vendor
Agreement and will be instructed to include all requested negotiations as redline edits for TIPS consideration. This
is the only proper way to submit proposed deviations for TIPS consideration. TIPS reserves the right to accept,
decline, or modify Vendor's requested negotiated terms. For this reason, answering "No, Vendor does not agree"
may ultimately delay or prevent award.
Does Vendor agree with TIPS standard terms and conditions as presented in the TIPS solicitation document (RFP,
RCSP, RFQ, or other) and the TIPS Vendor Agreement document?
Yes, Vendor agrees
Page 11 of 32 pagesVendor: ProLogic ITS240102
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Agenda Item #6.
4 TIPS Sales Reporting Requirements
1
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:
TIPS Contract Name and Number included) to TIPS at tipspo@tips-usa.com
(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
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
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
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.
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Agenda Item #6.
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
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
6
This is a requirement of the TIPS Contract and is non-negotiable.
or an agreement collateral to or
affecting the construction contract, from containing a provision making the contract or agreement, or any conflict
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.
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Agenda Item #6.
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
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.
Confidentiality Claim Form is the only way to assert any portion of Vendor's proposal as confidential.
4 Non-Discrimination Statement and Certification
8
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
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
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
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Agenda Item #6.
5 Alternative Dispute Resolution Limitations
0
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
1
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
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
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
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Agenda Item #6.
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
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.
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
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Agenda Item #6.
5 Certification Regarding Prohibition of Discrimination Against Firearm and Ammunition Industries (Tex.
6
Gov. Code 2274)
If (a) Vendor is not a sole proprietorship; (b) Vendor has at least ten (10) full-time employees; and (c) this
Agreement or any Supplemental Agreement with certain public entities have a value of at least $100,000 that is
paid wholly or partly from public funds; (d) the Agreement is not excepted under Tex. Gov. Code 2274 and (e) the
purchasing public entity has determined that Vendor is not a sole-source provider or the purchasing public entity
has not received any bids from a company that is able to provide this written verification, the following certification
shall apply; otherwise, this certification is not required.
Vendor certifies that Vendor, or association, corporation, partnership, joint venture, limited partnership, limited
liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary
parent company, or affiliate of these entities or associations, that exists to make a profit, does not have a practice,
policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not
discriminate during the term of this contract against a firearm entity or firearm trade association.
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
of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm
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
When applicable, does Vendor certify?
Yes, Vendor certifies
5 Certification Regarding Termination of Contract for Non-Compliance (Tex. Gov. Code 552.374)
7
If Vendor is not a governmental body and (a) this Agreement or any Supplemental Agreement with a public entity
has a stated expenditure of at least $1 million in public funds for the purchase of goods or services by certain public
entities; or (b) this Agreement or any Supplemental Agreement results in the expenditure of at least $1 million in
public funds for the purchase of goods or services by certain public entities in their fiscal year, the following
certification shall apply; otherwise, this certification is not required.
As required by Tex. Gov. Code 552.374, the following statement is included in the RFP and the Agreement (unless
the Agreement is (1) related to the purchase or underwriting of a public security; (2) is or may be used as collateral
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
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
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Agenda Item #6.
5 Certification Regarding Prohibition of Boycotting Certain Energy Companies (Tex. Gov. Code 2274)
8
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.
partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, that exists to
make a profit.
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
When applicable, does Vendor certify?
Yes, Vendor certifies
5 Felony Conviction Notice - Texas Education Code 44.034
9
Texas Education Code, Section 44.034, Notification of Criminal History, Subsection (a), states, "a person or
business entity that enters into a contract with a school district must give advance notice to the district if the person
or an owner or operator of the business entity has been convicted of a felony. The notice must include a general
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
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.
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Agenda Item #6.
6 Felony Conviction Notice - Texas Education Code 44.034 - Continued
0
If Vendor selected Option (C) in the previous attribute, Vendor must provide the following information herein:
1. Name of Felon(s)
2. The Felon(s) title/role in Vendor's entity, and
3. Details of Felon(s) Conviction(s).
No response
6 Conflict of Interest Questionnaire Requirement
1
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?
No
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
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Agenda Item #6.
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.
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
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.
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Agenda Item #6.
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 Vendor Certification of Criminal History - Texas Education Code Chapter 22
8
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):Noneof 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)
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Agenda Item #6.
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
0
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
1
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
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Agenda Item #6.
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
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
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
requirementslabeled "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.
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Agenda Item #6.
7 2 CFR Part 200 or Federal Provision - Vendor Willingness to Accept Federal Funds
5
This certification is not required by federal law. However, TIPS Members are public entities and qualifying non-
profits which often receive federal funding and grants (ESSER, CARES Act, EDGAR, etc.)Accepting such funds
often requires additional required certifications and responsibilities for Vendor. The following attribute
questions include these required certifications. Your response to this questions, the following certifications, and
other factors will determine whether your contract award will be deemed as eligible for federal fund expenditures by
TIPS Members.
If awarded, is Vendor willing to accept payment for goods and services offered under this contract paid for by a
TIPS Member with federal funds?
Yes
7 2 CFR Part 200 or Federal Provision - Contracts
6
Contracts for more than the simplified acquisition threshold currently set at $250,000 , which is
the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal
remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and
penalties as appropriate.
Notice: Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region
8 and TIPS Members reserve all rights and privileges under the applicable laws and regulations with respect to this
procurement in the event of breach of contract by either party.
Does vendor agree?
Yes, Vendor agrees
7 2 CFR Part 200 or Federal Provision - Termination
7
Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be
effected and the basis for settlement. (All contracts in excess of $10,000)
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and
TIPS Members reserve the right to terminate any agreement in excess of $10,000 resulting from this procurement
process for cause after giving the vendor an appropriate opportunity and up to 30 days, to cure the causal breach
of terms and conditions. ESC Region 8 and TIPS Members reserve the right to terminate any agreement in excess
of $10,000 resulting from this procurement process for convenience with 30 days notice in writing to the awarded
vendor. The Vendor would be compensated for work performed and goods procured as of the termination date if for
convenience of the ESC Region 8 and TIPS Members. Any award under this procurement process is not exclusive
and the ESC Region 8 and TIPS reserves the right to purchase goods and services from other vendors when it is in
the best interest of the ESC Region 8 and TIPS.
Does vendor agree?
Yes, Vendor agrees
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Agenda Item #6.
7 2 CFR Part 200 or Federal Provision - Clean Air Act
8
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as
non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental
Protection Agency (EPA).
Pursuant to the Clean Air Act, et al above, when federal funds are expended by ESC Region 8 and TIPS Members,
ESC Region 8 and TIPS Members require that the proposer certify that during the term of an award by the ESC
Region 8 and TIPS Members resulting from this procurement process the vendor agrees to comply with all of the
above regulations, including all of the terms listed and referenced therein.
Does vendor agree?
Yes, Vendor agrees
7 2 CFR Part 200 or Federal Provision - Byrd Anti-Lobbying Amendment
9
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 p rocess the vendor certifiesthat it is in compliance with all
applicable provisions of theByrdAnti-LobbyingAmendment(31 U.S.C. 1352).
Does Vendor agree?
Yes, Vendor agrees
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Agenda Item #6.
8 2 CFR Part 200 or Federal Provision - Byrd Anti-Lobbying Amendment - Continued
0
Applicable to Grants, Subgrants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds
Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by
theByrdAnti-Lobbying Amendment (31U.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
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
1
If you answered "No, Vendor does not certify - Lobbying to Report" to the above attribute question, you must
download, read, execute, and upload the attachment entitled "Disclosure of Lobbying Activities - Standard Form -
LLL", as instructed, to report the lobbying activities you performed or paid others to perform.
8 2 CFR Part 200 or Federal Provision - Federal Rule
2
Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42
U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental
Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of
$100,000)
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and
TIPS Members requires the proposer certify that in performance of the contracts, subcontracts, and subgrants of
amounts in excess of $250,000, the vendor will be in compliance with all applicable standards, orders, or
requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act
(33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).
Does vendor certify compliance?
Yes, Vendor certifies
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Agenda Item #6.
8 2 CFR Part 200 or Federal Provision - Procurement of Recovered Materials
3
A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must
comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2)
procuring solid waste management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines.
Does vendor certify that it is in compliance with these provisions?
Yes, Vendor certifies
8 2 CFR Part 200 or Federal Provision - Rights to Inventions
4
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
to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and
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
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Agenda Item #6.
8 2 CFR Part 200 or Federal Provision - Domestic Preferences for Procurements and Compliance with
5
Buy America Provisions
As appropriate and to the extent consistent with law, TIPS Member Customers, to the greatest extent practicable
under a Federal award, may provide a preference for the purchase, acquisition, or use of goods, products, or
materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products). Vendor agrees that the requirements of this section will be included in all subawards
including all contracts and purchase orders for work or products under this award, to the greatest extent practicable
under a Federal award.
steel products, that all manufacturing processes, from the initial melting stag through the application of coatings,
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,
melting stage through the application of coatings, occurred in the United States.
metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as
concrete; glass, including optical fiber; and lumber.
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies
that to the greatest extent practicable Vendor will provide a preference for the purchase, acquisition, or use of
goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products).
Does Vendor Certify?
Yes, Vendor certifies
8 2 CFR Part 200 or Federal Provision - Ban on Foreign Telecommunications
6
ESC 8 and TIPS Members are prohibited from obligating or expending Federal financial assistance, to include loan
or grant funds, to: (1) procure or obtain, (2) extend or renew a contract to procure or obtain, or (3) enter into a
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
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies
technology as part of any system.
Does vendor certify?
Yes, Vendor certifies
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Agenda Item #6.
8 2 CFR Part 200 or Federal Provision - Contract Cost & Price
7
For contracts more than the simplified acquisition threshold currently set at $250,000, a TIPS Member may, in very
rare circumstances, be required to negotiate profit as a separate element of the price pursuant to 2 C.F.R.
200.324(b). Under those circumstances, Vendor agrees to provide information and negotiate with the TIPS Member
regarding profit as a separate element of the price. However, Vendor certifies that the total price charged by the
Does Vendor certify?
Yes, Vendor certifies
8 2 CFR Part 200 or Federal Provision - Equal Employment Opportunity
8
Exceptas otherwiseprovided under 41 CFR Part 60, allcontractsthat meet the definition of assisted
in 41 CFR Part 60-1.3 mustinclude the equal opportunity clauseprovidedunder 41 CFR 60-1.4(b),in accordance with Executive
Order11246,Employment(30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p.339), as amended by
Order11246Relating to Equal Employment and implementing regulations at
41 CFR part 60,of Federal Contract Compliance Programs, Equal EmploymentOpportunity, Department of
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members on any federally
assisted construction contract, the equal
opportunity clause is incorporated by reference here.
Does Vendor Certify?
Yes, Vendor certifies
8 2 CFR Part 200 or Federal Provision - Davis Bacon Act Compliance
9
Texas Statute requires compliance with Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by
Federal program legislation, allprimeconstruction contracts inexcessof $2,000 awardedbynon-Federal entities must
includeaprovisionforcompliancewith the Davis-Bacon Act (40U.S.C.3141-3144,and3146- 3148) as
supplementedbyDepartmentofLabor regulations (29 CFR Part5,to
ContractsCoveringFederallyFinancedand AssistedIn accordance with thestatute,contractors
must be requiredto pay wages to laborersandmechanicsat a rate notlessthanthe prevailing wages specifiedin a
wagedeterminationmadeby the SecretaryofLabor.Inaddition, contractors mustberequiredto pay wages not less
than once a week. The non-Federalentity must placeacopyof the current prevailing wagedeterminationissuedby
theDepartmentofLaborin each solicitation.Thedecisionto award a contractorsubcontractmustbeconditioned
upontheacceptance of the wage determination.The non-Federal entity mustreportallsuspectedorreported
violationstotheFederal awarding agency. The contracts mustalsoincludeaprovisionforcompliancewith the
CopelandAct(40U.S.C.3145), as supplementedbyDepartmentofLabor regulations(29 CFR Part
3,andSubcontractorsonPublic Building orPublicWorkFinancedinWholeor in Part by Loansor
GrantsfromtheUnitedprovidesthat each contractororsubrecipientmust be prohibitedfrom
inducing,by any means,anypersonemployedin the construction,completion,orrepairofpublicwork,togiveup
any part of the compensationto which he or she is otherwiseentitled. The non-Federalentitymustreportall
suspectedorreportedviolationsto the Federalawardingagency.
Pursuantto state and federal requirements, Vendor certifies that it will be in compliancewithallapplicableDavis-Bacon
Actprovisions if/when applicable.
Does Vendor certify?
Yes, Vendor certifies
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Agenda Item #6.
9 2 CFR Part 200 or Federal Provision - Contract Work Hours and Safety Standards
0
Where applicable, all contractsawardedby ESC 8 and TIPS Members inexcessof$100,000thatinvolvethe
employmentofmechanicsorlaborersmust include aprovisionforcompliancewith 40 U.S.C.3702 and 3704,as
supplementedbyDepartmentof Labor regulations (29CFRPart 5). Under40U.S.C.3702 of theAct, each contractor
mustberequiredtocomputethe wages of every mechanic andlaboreron the basisof a standard work week of 40
hours.Work in excessofthe standard work week is permissible provided thatthe worker is compensatedat a rateof
not less thanone and a half times thebasicrate of pay for allhours worked in excessof 40 hoursin the work week.
Therequirementsof 40 U.S.C. 3704 areapplicabletoconstruction work andprovidethat no laborerormechanicmust
berequiredto work in surroundingsorunder working conditions which are unsanitary, hazardous ordangerous.
Theserequirementsdo not applyto the purchasesofsuppliesormaterialsorarticlesordinarily available on the open
market,orcontractsfortransportationortransmissionofintelligence.
Pursuant to the above,when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifiesthat
duringthetermof an awardfor all contracts resultingfrom thisprocurementprocess,Vendorwill be in compliance
with all applicableprovisionsoftheContractWorkHoursand Safety StandardsAct.
Does Vendor certify?
Yes, Vendor certifies
9 2 CFR Part 200 or Federal Provision - FEMA Fund Certification & Certification of Access to Records
1
If and when Vendor accepts a TIPS purchase paid for in full or part with FEMA funds, Vendor certifies that:
(1) Vendor agrees to provide the TIPS Member, the FEMA Administrator, the Comptroller General of the United
States, or any of their authorized representatives access to and rights to reproduce any books, documents,
papers, and records of the Contractor which are directly pertinent to this contract, or any contract resulting from
this procurement, for the purposes of making audits, examinations, excerpts, and transcriptions. This right also
includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating
to such documents. Vendor agrees to provide the FEMA Administrator or an authorized representatives access to
construction or other work sites pertaining to the work being completed under the contract. Vendor acknowledges
and agrees that no language in this contract or the contract with the TIPS Member is intended to prohibit audits or
internal reviews by the FEMA Administrator or the Comptroller General of the United States.
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)
Does Vendor certify?
Yes, Vendor certifies
9 2 CFR Part 200 or Federal Provision - Certification of Compliance with the Energy Policy and
2
Conservation Act
When appropriate and to the extent consistent with the law, Vendor certifies that it will comply with the Energy Policy
and Conservation Act (42 U.S.C. 6321 et seq; 49 C.F.R. Part 18) and any state mandatory standards and policies
relating to energy efficiency which are contained in applicable state energy conservation plans issued in compliance
with the Act.
Does Vendor certify?
Yes, Vendor certifies
Page 30 of 32 pagesVendor: ProLogic ITS240102
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Agenda Item #6.
9 2 CFR Part 200 or Federal Provision - Certification of Compliance with Never Contract with the Enemy
3
Where applicable, all contracts awarded by ESC 8 and TIPS Members in excess of $50,000.00, within the period of
performance, and which are performed outside of the United States, including U.S. territories, are subject to the
regulations implementing Never Contract with the Enemy in 2 CFR part 183. Per 2 CFR part 183, in the situation
specified, ESC 8 and TIPS Members shall terminate any contract or agreement resulting from this procurement
which violates the Never Contract with the Enemy regulation in 2 CFR part 183, including if Vendor is actively
opposing the United States or coalition forces involved in a contingency operation in which members of the the
Armed Forces are actively engaged in hostilities. Vendor certifies that it is neither an excluded entity under the
System for Award Management (SAM) nor Federal Awardee Performance and Integrity Information System (FAPIIS)
for any contract terminated due to Never Contract with the Enemy as a Termination for Material Failure to Comply.
Does Vendor certify?
Yes, Vendor certifies
9 2 CFR Part 200 or Federal Provision - Certification of Compliance with EPA Regulations
4
For contracts resulting from this procurement, in excess of $100,000.00 and paid for with federal funds, Vendor
certifies that Vendor will comply with all applicable standards, orders, regulations, and/or requirements issued
pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as
amended (33 U.S.C. 1368), Executive Order 117389andEnvironmentalProtectionAgencyRegulation,40CFRPart
15.
Does Vendor certify?
Yes, Vendor certifies
9 2 CFR Part 200 or Federal Provision - Record Retention Requirements
5
For contracts resulting from this procurement, paid for by ESC 8 or TIPS Members with federal funds, Vendor
certifies that Vendor will comply with the record retention requirements detailed in 200.334. Vendor certifies
200.334 for a period of three years after final expenditure or
financial reports, as applicable, and all other pending matters are closed.
Does Vendor certify?
Yes, Vendor certifies
9 2 CFR Part 200 or Federal Provision - Subcontracting and Affirmative Steps for Small and Minority
6
Businesses, Women's Business Enterprises, and Labor Surplus Area Firms.
Do you ever anticipate the possibility of subcontracting any of your work under this award if you are successful?
If you respond "Yes", you must respond to the following attribute question accurately. If you respond "No", you may
skip the following attribute question.
YES
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Agenda Item #6.
9 2 CFR Part 200 or Federal Provision - If "Yes" Response to Above Attribute - Continued -
7
Subcontracting and Affirmative Steps for Small and Minority Businesses, Women's Business
Enterprises, and Labor Surplus Area Firms.
Only respond to this question if you responded "Yes" to the attribute question directly above. Skip this
question if you responded "No" to the attribute question directly above.
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
8
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 pagesVendor: ProLogic ITS240102
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Agenda Item #6.
Valid Contact Phone800-111- 2222 615-651-9279(256) 883-3933 470-254-0599770-449-4181770-499-4617770-473-3245770 596-6279(404) 559-6200
Valid Contact Emailjdoe@abcuniverisity.edu
victor.r.hernandez@tn.govmatt.gardner@huntsvilleal.govsulborski@fultonschools.orgdaniel.mangold@cobbcounty.orgDewayne.Morris@cobbcounty.organdy.sykes@clayton.k12.ga.us chris.saxon@cherokeek12.netsbuc
hanan@eastpointcity.org
PROLOGIC ITS, LLC
Customer Contact NameDirector John Doe Vic HernandezMatt GardnerMark SulborskiDaniel Mangold (Sergeant)Lt. Col. Dewayne MorrisAndy SykesChris SaxonChief Shawn Buchanan
TIPS REFERENCE FORM
TIPS TIPS 240102 Emergency Responder Supplies, Equipment, and Services
All requested information must be typed and uploaded in Excel format. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not
include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc.You must provide below
at least three (3) references from three different entity customers, preferably government or non-profit entities, who have purchased goods or services from your vendor entity within
the last three years. Customer Entity NameExample: ABC University Tennessee Advanced Communications NetworkCity of Huntsville Police Department Fulton County Schools Police DepartmentCobb
County Police DepartmentCobb County Sheriff's OfficeClayton County School DistrictCherokee County School DistrictCity of East Point Police Department
Page 114 of 831
Agenda Item #6.
Page 115 of 831
Agenda Item #6.
VENDOR SUPPLEMENTAL INFORMATION
TIPS permits
proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for
marketing and in
herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are
applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or
certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase.
Page 116 of 831
Agenda Item #6.
For over 30 years combined, the ProLogic ITS leadership team has been a trusted partner for
hundreds of customers across the Southeast. Our clients rely on us to help them source,
implement, and support comprehensive technology solutions designed to meet their specific
needs.
The Managing Partners (Paul Sprayberry, John Pickering, and Chris Crapps) worked together as
the leadership team under the company name of Technology Systems Integrators which later
became ProLogic ITS when it was incorporated in November 2013. We are in our 11th year of
business as ProLogic ITS and have experienced incredible growth each yeareven amid the
global pandemic.
We attribute this growth to strong relationships with our customers and solid business practices.
In fact, both elements have earned ProLogic ITS the honor of becoming an authorized service
center and a Tier 1 national provider for large, well known technology companies. As a Tier 1
technology resellers including CDW, Encore, Howard Technologies, and Prosys. We also serve
leading technology manufacturers including Dell, HP, Lenovo, Panasonic, Promethean, Bretford,
SecureWorks and commercial and healthcare organizations including AT&T, Axon, Cricket
Wireless, Piedmont Healthcare, Rent-A-Center and more.
ProLogic ITS is an experienced full lifecycle service provider of hardware and software solutions,
pect from a comprehensive
source for IT products, services, and overall solutions. We are a trusted advisor for our clients
and assist them in developing solution based projects for their short and long term technology
goals.
Desktops, Laptops & Tablets
Interactive Flat Panels
Wireless Collaboration Solutions
STEM/STEAM Initiatives
Cloud Based Curriculum
Managed Print Solutions
Servers, Storage, and UPS
Cabling, Network and Access Points
Cyber Security Solutions
Physical Security and Access Control
Systems Management
Rugged Mobility and Connectivity
Backup and Recovery
Software Solutions
Upfitting Services
Fleet Tracking and Analytics
Page 117 of 831
Agenda Item #6.
ProLogic ITS is headquartered north of Atlanta in a secure 87,000 square foot facility in Acworth,
GA just off Interstate 75 and near Interstate 575. This facility is located 30 miles from downtown
Atlanta, GA. Our warehouse and offices are in a facility with the following features:
87,000 SF warehouse
28 ft. Ceiling Clearance
CJIS Compliant
ISO Certified
Access Controlled
ESFR Sprinkler System
Multi Zones IP Security Cameras
Remote 24/7/365 Monitoring
Warehouse Racking System
Temperature Controlled Configuration,
Break-Fix, and Asset Recovery areas
20+ Bay Receiving Area
An additional 12,000 square foot warehouse is located at Forest Park, GA, just 10 miles from
downtown Atlanta, and a third warehouse is in Griffin, GAtotaling almost 125,000 feet of
warehouse space. Within these three facilities, we can warehouse, inventory, and stage for
delivery, all the equipment requested in this solicitation.
With an in--on team can
assist in technical planning and create a strategy to accomplish your short and long term
technology goals. With satellite offices located in Florida and Alabama, we can design, build, and
maintain solutions based on industry-standard technology platforms and related value-added
services for a national customer base. We have experience handling urgent requirements and
providing solutions with a very quick turnaround.
Additionally, ProLogic ITS has access to over 8,000 certified professionals, 70 of whom are in
Georgia to include MBE and DBE companies. Should the need for subcontracting arise, we utilize
existing relationships with quality trade organizations that can support our customized solutions.
These professionals are some of the best-qualified individuals in the trade. All subcontractors are
held to the same performance, quality, and ethical standards as ProLogic ITS employees, and their
performance is continuously monitored and evaluated.
Our turn-key business model meets the specific needs of our customers while providing cost-
effective solutions designed to provide excellent performance with a lower overall cost of
ownership. Our ProLogic ITS Green Delivery Process saves time, money, and effort for K-12,
Higher Education, and State & Local Governments as well as allowing these entities to be eco-
friendly.
ProLogic ITS, LLC (ProLogic ITS) is a certified ISO 9001:2015 as well as a Criminal Justice
Information Services (CJIS) compliant facility. As such, we are required to meet prominent
standards of quality not often found in other companies. These two certifications indicate our
dedication to exceptional performance, continued improvement, and strict security measures
Page 118 of 831
Agenda Item #6.
taken within the company to protect customer data and equipment. ProLogic ITS has established
this quality policy to be consistent with the purpose and context of our organization. It provides a
framework for the setting and review of objectives in addition to our commitment to satisfying
continually improve our management system.
As an organization, we recognize that people are the essence of any good business and that their
full involvement benefits all stakeholders. Our executive leadership is committed to creating and
maintaining a working environment in which people become fully involved in achieving our
company vision and their professional goals. Quality objectives for the organization are
communicated to all parties at various levels within our organization to ensure that everyone
understands their responsibility for upholding high standards. Project Managers lead
professionally and directly supervise and review projects to ensure all project service levels are
met or exceeded. The executive managers (shown below) take responsibility for implementing
quality control to continually exceed the certification standards for ISO 9001:2015.
As Filed with State of Georgia Company Ownership
Company Officer 1: Paul Sprayberry, Managing Partner 33.34%
Company Officer 2: Chris Crapps, Managing Partner 33.33%
Company Officer 3: John Pickering, Managing Partner 33.33%
Legal Name: ProLogic ITS, LLC
Address Headquarters: 106 Northpoint Parkway
Building 2, Suite 350
Acworth, GA 30102
Contact Name: Paul Sprayberry, Managing Partner
Phone Number: 866-923-0513, x702
e-Mail: paul.sprayberry@prologicits.com
Legal Structure: Limited Liability Corporation, Incorporated
11/14/2013
FEIN/TIN: 46-4101495
Federal E-Verify Number: 730441, Registered 12/03/2013
DUNS: 079353667
Occupational Tax Certificate: LC20130000921 (Cherokee County, GA)
Certificate of Existence: Control #13464989 (Georgia)
Satellite Offices:
Georgia: ProLogic ITS - Service Center and Warehouse
107 Forest Parkway, Suite 700
Forest Park, GA 30297
ProLogic ITS - Sales Office
231 West Main Street, Suite 102
Canton, Georgia 30114
Page 119 of 831
Agenda Item #6.
ProLogic ITS Service Center
105 Manley Road
Griffin, GA 30223
Florida: ProLogic ITS - Service Center and Warehouse
7828 SW Jack James Drive
Building 1/A
Stuart, FL 34997-7233
ProLogic ITS -Service Center
4164 Ward Basin Road
Milton, FL 32583
Alabama: ProLogic ITS - Service Center and Warehouse
520 Galloway Circle
Alabaster, AL 35007
Project Managers are assigned to every project. ProLogic follows a Project Management
methodology as defined by the Project Management Institute (PMI) and an Application
Development Cycle that is both iterative and incremental in its approach while adhering to the
planned requirements. ProLogic ITS has PMP certified Project Managers nationwide supporting
5 distinct regions: Southeast, Northeast, Southwest, Northwest, and the Mid-West. While each
anagement team is ultimately
responsible for planning, identifying risk, managing issues, following change management
procedures, measuring, reporting, quality assurance, and monitoring the budget.
Provide Single point of Accountability a single framework covers all aspects of the project,
providing you with a single point of contact for all aspects of project execution as well as a clear
understanding of how each activity within the project supports the accomplishment of overall
business objectives.
Provide a methodology that is based on proven tools the Project Management
methodology is based on processes, principles, and tools that have been proven on numerous
engagements throughout the industry.
Provide quality use performance and quality metrics to ensure we meet or exceed all
established service level criteria and relentlessly work to improve service levels, reduce costs,
increase personnel productivity, and simplify IT activities.
ProLogic ITS has a risk management process in place for handling all project changes and
challenges. The assigned Project Manager, or Project Coordinator, is responsible for solving the
challenge or escalating it to a higher decision authority. The task will remain assigned to this
needs.
Page 120 of 831
Agenda Item #6.
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Page 122 of 831
Agenda Item #6.
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Page 123 of 831
Agenda Item #6.
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Page 124 of 831
Agenda Item #6.
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Page 126 of 831
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Page 127 of 831
Agenda Item #6.
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Page 129 of 831
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Page 130 of 831
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