4. Taylor Music, Inc. Agreement & Award Let

AID 1570340 · View on Simbli

Agenda Item

b. Approval to Purchase Musical Instruments from TIPS Cooperative Agreement(Adorama, Alamo Music Center, Amro Music Stores, Inc. Brook Mays Music and H and H Music Universal Melody Services, Delgado Guitars, Midwest Musical Imports MSA Music, Inc., Music and Arts Guitar Center Stores, Inc., Penders Music Company Betrold Enterprises, Inc., SoundTree Korg USA, Steve Weiss Music, Sweet Pipes, Taylor Music, Inc., Terra Nova Violins LLC, The Bandwagon Music Store and Repair, The Tuba Exchange, Washington Music Sales Center, Inc.) and West Music through the Choice Partners Cooperative Agreement (Not to exceed $3,673,587.93)

Summary: Ms. Stacy E. Stepney, Chief Academic Officer, Division of Curriculum and Instruction
Request: It is requested that the Board of Education authorize the District purchase of musical instruments from the following vendors: Adorama, Alamo Music Center, Amro Music Stores, Inc. Brook Mays Music and H and H Music Universal Melody Services, Delgado Guitars, Lone Star Percussion ZNK Partners, LLC, Midwest Musical Imports MSA Music, Inc., Music and Arts Guitar Center Stores, Inc., Penders Music Company Betrold Enterprises, Inc., SoundTree Korg USA, Steve Weiss Music, Sweet Pipes, Taylor Music, Inc., Terra Nova Violins LLC, The Bandwagon Music Store and Repair, The Tuba Exchange, Washington Music Sales Center, Inc., in accordance with the TIPS Contract No. 210302 through May 31, 2024 and West Music Company, in accordance with the Choice Partners Cooperative Agreement Contract No. 23/025SG-05 through May 16, 2024.

Musical Instruments was an approved project in the SPLOST V vote on March 20, 2017, for an amount not to exceed $10,000,000. This agenda item is a request to spend the balance of those funds.
Why: This request is to purchase musical instruments utilizing the buying power of TIPS and Choice Partners Cooperative Agreements. The use of the cooperative agreements will enlarge the vendor pool to assist in handling the large demand for musical instruments.

In addition, utilizing the cooperative agreements to purchase musical instruments ensures that we will have quality suppliers and quality products as the vendors have already been vetted.
Details: The use of these agreements with the listed vendors will provide access to musical instruments from a large pool of vendors that can supply the equipment in a timely manner.
Financial impact: The total budget for the musical equipment in the amount of $3,673,587.93 will be allocated from cost code SP5BUSEQUP.52135.FFE and SP5BUSEQUP.52135.FFE-GRTR5K under the voter-approved E-SPLOST V program.
Contact: Ms. Stacy E. Stepney, Chief Academic Officer, Division of Curriculum and Instruction
Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations
Effective: Upon Board of Education approval to June 14, 2024
Status: Approved by General Counsel
                           Meredith Barton

 Chief Operating Officer




5-13-2021
  NOTICE TO MEMBERS REGARDING ATTRIBUTE RESPONSES
TIPS VENDORS RESPOND TO ATTRIBUTE QUESTIONS AS PART OF TIPS COMPETITIVE
SOLICITATION PROCESS. THE VENDOR’S RESPONSES TO ATTRIBUTE QUESTIONS
ARE INCLUDED HEREIN AS “SUPPLIER RESPONSE.” PLEASE BE ADVISED THAT
DEVIATIONS, IF ANY, IN VENDOR’S RESPONSE TO ATTRIBUTE QUESTIONS MAY NOT
REFLECT VENDOR’S FINAL ATTRIBUTE RESPONSE, WHICH IS SUBJECT TO
NEGOTIATIONS PRIOR TO AWARD. PLEASE CONTACT THE TIPS OFFICE AT 866-839-
8477 WITH QUESTIONS OR CONCERNS REGARDING VENDOR ATTRIBUTE RESPONSE
DEVIATIONS. PLEASE KEEP IN MIND THAT TIPS DOES NOT PROVIDE LEGAL
COUNSEL TO MEMBERS. TIPS RECOMMENDS THAT YOU CONSULT YOUR LEGAL
COUNSEL WHEN EXECUTING CONTRACTS WITH OR MAKING PURCHASES FROM
TIPS VENDORS.
                                                   210302
                                         Taylor Music, Inc.
                                        Supplier Response


                 Event Information
                 Number:     210302
                 Title:      Music Instruments, Sheet Music and Repair Services
                 Type:       Request for Proposal
                 Issue Date: 3/4/2021
                 Deadline: 4/16/2021 03:00 PM (CT)


                 Contact Information
                 Address: Region 8 Education Service Center
                          4845 US Highway 271 North
                          Pittsburg, TX 75686
                 Phone:   +1 (866) 839-8477
                 Email:   bids@tips-usa.com




Page 1 of 25 pages                              Vendor: Taylor Music, Inc.        210302
  Taylor Music, Inc. Information
  Address: 513 S Main
             Aberdeen, SD 57401
  Phone:     (605) 225-1335
  Fax:       (605) 225-2051
  Toll Free: (800) 872-2263


By submitting your response, you certify that you are authorized to represent and bind your company.

Mary McKinney                                                      mary@taylormusic.com
Signature                                                          Email
Submitted at 4/16/2021 11:54:32 AM

Requested Attachments
Vendor Agreement                                                    TIPS Vendor Agreemenet Form 210302 Taylor Music .pdf
  The vendor must download the Vendor Agreement from the attachment tab, fill in the requested information and
  upload the completed agreement.
  DO NOT UPLOAD encrypted or password protected files.
Agreement Signature Form                                 Taylor Music Agreement Signature Form TIPS 210302.pdf
   If you have not taken exception or deviation to the agreement language in the solicitation attributes, download the
   AGREEMENT SIGNATURE FORM from the "ATTACHMENTS" tab. This PDF document is a fillable form. Download the
   document to your computer, fill in the requested company information, print the file, SIGN the form, SCAN the
   completed and signed AGREEMENT SIGNATURE FORM, and upload here.


   If you have taken exception to any of the agreement language and noted the exception in the deviations section of the
   attributes for the agreement, complete the AGREEMENT SIGNATURE FORM, but DO NOT SIGN until those deviations
   have been negotiated and resolved with TIPS management. Upload the unsigned form here, because this is a
   required document.
Pricing Form 1                                                                              210302 Pricing Form 1.xlsx
   The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, fill in the requested
   information and upload the completed spreadsheet.
   DO NOT UPLOAD encrypted or password protected files.
Pricing Form 2                                                                     210302 Pricing Form 2.xlsx
  The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, fill in the requested
  information and upload the completed spreadsheet.
  DO NOT UPLOAD encrypted or password protected files.
Reference Form                                                       Reference Form Taylor Music 210302.xls
  The vendor must download the References spreadsheet from the attachment tab, fill in the requested information and
  upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files.
Proposed Goods and Services                                      Catalog and Discount Table Taylor Music 2021.pdf
   Please upload one or more documents or sheets describing your offerings, line cards, catalogs, links to offerings OR
   list links to your offerings that illustrate the catalog of proposed lines of goods and or services you carry and offer
   under this proposal. It does not have to be exhaustive but should, at a minimum tell us what you are offering. It could
   be as simple as a sheet with your link to your online catalog of goods and services.




 Page 2 of 25 pages                                Vendor: Taylor Music, Inc.                                      210302
D/M/WBE Certification OPTIONAL                                                                               No response
  D/M/WBE Certification documentation may be scanned and uploaded if you desire to claim your status as one of the
  identified enterprises. (Disadvantaged Business Enterprise, Minority Business Enterprise and/or Woman Business
  Enterprise) If vendor has more than one certification scan into one document. (PDF Format ONLY)
  DO NOT UPLOAD encrypted or password protected files.
Warranty                                                                                                No response
  Warranty information (if applicable) must be scanned and uploaded. (PDF Format ONLY)
  DO NOT UPLOAD encrypted or password protected files.
Supplementary                                                                      2021AccessoriesTaylorMusic.pdf
   Supplementary information may be scanned and uploaded. (Company information, brochures, catalogs, etc.) (PDF
   Format ONLY)
   DO NOT UPLOAD encrypted or password protected files.
All Other Certificates                                                                                No response
  All Other Certificates (if applicable) must be scanned and uploaded. If vendor has more than one other certification
  scan into one document. (PDF Format ONLY)
  DO NOT UPLOAD encrypted or password protected files.
Logo and Other Company Marks                                                                               No response
  If you desire, please upload your company logo to be added to your individual profile page on the TIPS website. If any
  particular specifications are required for use of your company logo, please upload that information under the
                                           -                                                      Preferred Logo
  Format: 300 x 225 px - .png, .eps, .jpeg preferred
Conflict of Interest Form CIQ- ONLY REQUIRED IF A CONFLICT EXISTS PER THE                                   No response
INSTRUCTIONS
  ONLY REQUIRED IF A CONFLICT EXISTS PER THE INSTRUCTIONS
  Conflict of Interest Form for Vendors that are required to submit the form. The Conflict of Interest Form is included in
  the Base documents or can be found at https://www.tips-usa.com/assets/documents/docs/CIQ.pdf.
Certification of Corporate Offerer Form- COMPLETE                  210302 Taylor Music Cert. of Corporate Offer Form.pdf
ONLY IF OFFERER IS A CORPORATION
   COMPLETE AND UPLOAD FORM IN ATTACHMENTS SECTION ONLY IF OFFERER IS A CORPORATION
Disclosure of Lobbying Activities Standard Form LLL                                                          No response
  ONLY IF you answered "I HAVE Lobbied per above" to attribute #66, please download and complete and upload the
                -
Confidentiality Claim Form                                            210302 CONFIDENTIALITY CLAIM FORM-2.pdf
  REQUIRED CONFIDENTIALITY FORM. Complete the form according to your company requirements, make any
  desired attachments and upload to the appropriate section under "Response Attachments" THIS FORM DETERMINES
  HOW ESC8/TIPS RESPONDS TO LEGAL PUBLIC INFORMATION REQUESTS.
Current W-9 Tax Form                                                                                    W9 .pdf
   You are required by TIPS to upload a current W-9 Internal Revenue Service (IRS) Tax Form for your entity. This form
   will be utilized by TIPS to properly identify your entity.
   response, this W-9 may be accessed by TIPS Members for the purpose of making TIPS purchases from you in the
   event that you are awarded. If you wish to designate your required W-9 confidential, please do so according to the
   terms of the Confidentiality Claim Form which is an attachment to this solicitation.

Response Attachments
2021MayTaylorMusicNewsletterCatalog.pdf
   Newsletter Catalog Spring 2021
2020NovDecTaylorMusicNewsletterCatalog.pdf
   Newsletter Catalog Winter 2020-21


 Page 3 of 25 pages                                Vendor: Taylor Music, Inc.                                     210302
2020SeptOctTaylorMusicNewsletterCatalog.pdf
  Newsletter Catalog Fall 2020

Bid Attributes
1 Yes - No
    Disadvantaged/Minority/Women Business Enterprise - D/M/WBE (Required by some participating governmental


     NO

2 Yes - No
    Historically Underutilized Business - HUB (Required by some participating governmental entities) Vendor certifies
    that their firm is a HUB as defined by the State of Texas at https://comptroller.texas.gov/purchasing/vendor/hub/ or in
    a HUBZone as defined by the US Small Business Administration at https://www.sba.gov/offices/headquarters/ohp

    Proof of one or both may be submitted.
    HUB CERTIFICATES section.
     No

3 Yes - No
    The Vendor can provide services and/or products to all 50 US States?
     Yes

4 States Served:
    If answer is NO to question #3, please list which states can be served. (Example: AR, OK, TX)
     No response

5 Company and/or Product Description:
    This information will appear on the TIPS website in the company profile section, if awarded a TIPS contract. (Limit
    750 characters.)
     National Retailer of Band Instruments, Music Instruments, School Band Musical Instruments and Equipment,
     Percussion, Woodwind, Brass, Accessories and Supplies for School Band Programs. Call or email for your special
     discounted educational quote: mary@taylormusic.com
     Reference TIPS-USA 210302

6 Primary Contact Name
    Primary Contact Name
     Mary McKinney

7 Primary Contact Title
    Primary Contact Title
     School Bid Sales

8 Primary Contact Email
    Primary Contact Email
     mary@taylormusic.com




 Page 4 of 25 pages                                Vendor: Taylor Music, Inc.                                       210302
9 Primary Contact Phone
   Enter 10 digit phone number. (No dashes or extensions)
   Example: 8668398477
      8008722263

1 Primary Contact Fax
0 Enter 10 digit phone number. (No dashes or extensions)
   Example: 8668398477
      6052252051

1 Primary Contact Mobile
1 Enter 10 digit phone number. (No dashes or extensions)
   Example: 8668398477
      No response

1 Secondary Contact Name
2 Secondary Contact Name
    Lana Steger

1 Secondary Contact Title
3 Secondary Contact Title
    School Bid Dept.

1 Secondary Contact Email
4 Secondary Contact Email
    lana@taylormusic.com

1 Secondary Contact Phone
5
   Enter 10 digit phone number. (No dashes or extensions)
   Example: 8668398477
      8008722263

1 Secondary Contact Fax
6 Enter 10 digit phone number. (No dashes or extensions)
   Example: 8668398477
      6052252051

1 Secondary Contact Mobile
7
   Enter 10 digit phone number. (No dashes or extensions)
   Example: 8668398477
      No response

1 Admin Fee Contact Name
8 Admin Fee Contact Name. This person is responsible for paying the admin fee to TIPS.
    Roberta Thompson




Page 5 of 25 pages                             Vendor: Taylor Music, Inc.                210302
1 Admin Fee Contact Email
9 Admin Fee Contact Email
    bert@taylormusic.com

2 Admin Fee Contact Phone
0 Enter 10 digit phone number. (No dashes or extensions)
   Example: 8668398477
    80087222263

2 Purchase Order Contact Name
1
   Purchase Order Contact Name. This person is responsible for receiving Purchase Orders from TIPS.
    Mary McKinney

2 Purchase Order Contact Email
2
   Purchase Order Contact Email
    mary@taylormusic.com

2 Purchase Order Contact Phone
3
   Enter 10 digit phone number. (No dashes or extensions)
   Example: 8668398477
      8008722263

2 Company Website
4 Company Website (Format - www.company.com)
    www.taylormusic.com

2 Federal ID Number
5 Federal ID Number also known as the Employer Identification Number (EIN). Numeric only. (Format: 123456789)
    460248482

2 Primary Address
6
   Primary Address
    513 S Main

2 Primary Address City
7
   Primary Address City
    Aberdeen

2 Primary Address State
8 Primary Address State (2 Digit Abbreviation)
    SD

2 Primary Address Zip
9 Primary Address Zip
    57401




Page 6 of 25 pages                               Vendor: Taylor Music, Inc.                               210302
3 Search Words:
0 Please list search words to be posted in the TIPS database about your company that TIPS website users might
   search. Words may be product names, manufacturers, or other words associated with the category of award. YOU
   MAY NOT LIST NON-CATEGORY ITEMS. (Limit 500 words) (Format: product, paper, construction, manufacturer
   name, etc.)
    Band, Music, Musical, Instrument, Orchestra, Soprano, Alto, Tenor, Bass, Bb, Eb, Piccolo, Flute, Clarinet, Oboe,
    Bassoon, Saxophone, Sax, Trumpet, Cornet, Flugel, Trombone, French horn, Horn, Mellophone, Baritone,
    Euphonium, Tuba, Sousa, Sousaphone, Brass, Woodwind, Percussion, Drum, Marching, Concert, Snare, Bells,
    Xylophone, Marimba, Vibe, Vibraphone, Chimes, Timpani, Cymbal, Quad, Quint, Bass, Reeds, Drum Heads,
    Podium, Cases, Bags, Latin, Lyres, Sticks, Mallets, Tambourines, Metronomes, Mouthpiece, Triangle, Tuner,
    Armstrong, Bach, Conn, King, Leblanc, Vito, Holton, Bundy, Selmer, Yanagisawa, Ludwig, Zildjian, Sabian, Musser,
    Majestic, Jupiter, Xeno, Yamaha, St. Petersburg, Mirafone, Miraphone, Meinl, Buffet, Besson, Hoyer, Pearl, Adams,
    Championship, Competitor, Jarvis, Director Showcase, Pyle, LaVoz, Rico, Vandoren, Manhasset, Evans, Remo

3 Do you want TIPS Members to be able to spend Federal grant funds with you if awarded? Is it your
1 intent to be able to sell to our members regardless of the fund source, whether it be local, state or
   federal?
   Most of our members receive Federal Government grants and they make up a significant portion of their budgets.
   The Members need to know if your company is willing to sell to them when they spend federal budget funds on their
   purchase. There are attributes that follow that include provisions from the federal regulations in 2 CFR part 200.
   Your answers will determine if your award will be designated as Federal or Education Department General
   Administrative Regulations (EDGAR) compliant.

   Do you want TIPS Members to be able to spend Federal grant funds with you if awarded and is it your intent to be
   able to sell to TIPS Members regardless of the fund source, whether it be local, state or federal?
    Yes

3 Yes - No
2
   Certification of Residency (Required by the State of Texas) The vendor's ultimate parent company or majority
   owner:



   (A) has its principal place of business in Texas;



   OR



   (B) employs at least 500 persons in Texas?

   This question is required as a data gathering function for information to our members making purchases with
   awarded vendors. It does not affect scoring with TIPS.
    No

3 Company Residence (City)
3
   Vendor's principal place of business is in the city of?
    Aberdeen

3 Company Residence (State)
4
   Vendor's principal place of business is in the state of?
    SD


Page 7 of 25 pages                                  Vendor: Taylor Music, Inc.                                    210302
3 Discount Offered - CAUTION READ CAREFULLY BECAUSE VENDORS FREQUENTLY MAKE MISTAKES
5 ON THIS ATTRIBUTE QUESTION
   Remember this is a MINIMUM discount percentage. So, be sure that the discount percentage inserted here can be
   applied to ANY OFFERING OF GOODS OR SERVICES THROUGHOUT THE LIFE OF THE CONTRACT

   CAUTION: BE CERTAIN YOU CAN HONOR THIS MINIMUM DISCOUNT PERCENTAGE ON ANY OFFERED SERVICE
   OR GOOD NOW OR DURING THE LIFE OF THE CONTRACT.

   What is the MINIMUM percentage discount off of any item or service you offer to TIPS Members that is in your
   regular catalog (as defined in the solicitation specifications document), website, store or shelf pricing or when
   adding new goods or services to your offerings during the life of the contract? The resulting price of any goods or
   services Catalog list prices after this discount is applied is a ceiling on your pricing and not a floor because, in order
   to be more competitive in the individual circumstance, you may offer a larger discount depending on the items or
   services purchased and the quantity at time of sale.

   Must answer with a number between 0% and 100%.
                     0%

3 Yes - No
6 For the duration of the Contract, Vendor agrees to provide catalog pricing, as defined in the solicitation and below,
   to TIPS upon request for any goods and services offered on the Vendor's TIPS Contract.

   "Catalog" means the available list of tangible personal property or services, in the most current listing, regardless of
   date, during the life of the contract, that takes the form of a catalog, price list, schedule, shelf price or other form
   that:

   A.      is regularly maintained by the manufacturer or Vendor of an item; and
   B.      is either published or otherwise available for inspection by a customer during the purchase process;
   C.      to which the minimum discount proposed by the proposing Vendor may be applied.
    Yes

3 TIPS Administration Fee
7
   By submitting a proposal, I agree that all pricing submitted to TIPS shall include the Administration Fee, as
   designated in the solicitation or as otherwise agreed in writing which shall be remitted to TIPS by the Vendor, or the
   vendor's named resellers, and as agreed to in the Vendor Agreement. I agree that the fee shall not and will not be
   added by the Vendor as a separate line item on a TIPS member invoice, quote, proposal or any other written
   communications with the TIPS member.

3 Yes - No
8 Vendor agrees to remit to TIPS the required administration fee or, if resellers are named, Vendor agrees to
   guarantee the fee remittance by or for the reseller named by the vendor?


                                                                     1
   to agree shall render your response void and it will not be considered.
    Agreed

3 Yes - No
9
   Do you offer additional discounts to TIPS members for large order quantities or large scope of work?
    Yes




Page 8 of 25 pages                                  Vendor: Taylor Music, Inc.                                        210302
4 Years experience in category of goods or services
0 Company years experience in this category of goods or services? This is an evaluation criterion worth a maximum
   of 10 points. See RFP for more information.
                     65

4 Resellers:
1 Does the vendor have resellers that it will name under this contract? Resellers are defined as other companies that
   sell your products under an agreement with you, the awarded vendor of TIPS.


   EXAMPLE: BIGmart is a reseller of ACME brand televisions. If ACME were a TIPS awarded vendor, then ACME
   would list BIGmart as a reseller.


   (If applicable, Vendor should add all Authorized Resellers within the TIPS Vendor Portal upon award).
    No

4 Pricing discount percentage are guaranteed for?
2
   Does the vendor agrees to honor the proposed pricing discount percentage off regular catalog (as defined in the
   RFP document), website, store or shelf pricing for the term of the award?
    YES

4 Right of Refusal
3
   Does the proposing vendor wish to reserve the right not to perform under the awarded agreement with a TIPS
   member at vendor's discretion?
    Yes

4 NON-COLLUSIVE BIDDING CERTIFICATE
4 By submission of this bid or proposal, the Bidder certifies that:



   1) This bid or proposal has been independently arrived at without collusion with any other Bidder or with any
   Competitor;

   2) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of
   bids, or proposals for this project, to any other Bidder, Competitor or potential competitor:

   3) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to
   submit a bid or proposal;

   4) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the
   statements contained in this certification, and under the penalties being applicable to the Bidder as well as to the
   person signing in its behalf.

   Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered.




Page 9 of 25 pages                                 Vendor: Taylor Music, Inc.                                      210302
4 CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ - Do you have any CONFLICT OF INTEREST
5 TO REPORT OR DISCLOSE under this statutory requirement?
   Do you have any CONFLICT OF INTEREST TO REPORT OR DISCLOSE under this statutory requirement? YES or
   NO


   If you have a conflict of interest as described in this form or the Local Government Code Chapter 176, cited therein-
   you are required to complete and file with TIPS.
   The Form CIQ is one of the attachments to this solicitation.

   There is an optional upload for this form provided if you have a conflict and must file the form
    No

4 Filing of Form CIQ
6 If yes (above), have you filed a form CIQ by uploading the form to this RFP as directed above?
    No response

4 Regulatory Standing
7
   I certify to TIPS for the proposal attached that my company is in good standing with all governmental agencies
   Federal or state that regulate any part of our business operations. If not, please explain in the next attribute
   question.
    Yes

4 Regulatory Standing
8 Regulatory Standing explanation of no answer on previous question.
    No response

4 Antitrust Certification Statements (Tex. Government Code § 2155.005)
9 By submission of this bid or proposal, the Bidder certifies that:



   I affirm under penalty of perjury of the laws of the State of Texas that:

   (1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm,
   partnership or individual (Company) listed below;

   (2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the
   Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;

   (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust
   law;

   (4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of
   this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged
   in the same line of business as the Company.




Page 10 of 25 pages                                 Vendor: Taylor Music, Inc.                                     210302
5 Suspension or Debarment Instructions
0 Instructions for Certification:


   1. By answering yes to the next Attribute question below, the vendor and prospective lower tier participant is
   providing the certification set out herein in accordance with these instructions.

   2. The certification in this clause is a material representation of fact upon which reliance was placed when this
   transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered
   an erroneous certification in addition to other remedies available to the federal government, the department or
   agency with which this transaction originated may pursue available remedies, including suspension and / or
   debarment.

   3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal
   is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when
   submitted or has become erroneous by reason of changed circumstances.



   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.




Page 11 of 25 pages                                 Vendor: Taylor Music, Inc.                                          210302
5 Suspension or Debarment Certification
1 By answering yes, you certify that no federal suspension or debarment is in place, which would preclude receiving a
   federally funded contract as described above.


                                                     125         12                         2     1 0 220
   not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in
   accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986
               1        12      3           1                 235
   contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
   ineligible under statutory or regulatory authority other than Executive Order 12549.



   By answering yes, you certify that no federal suspension or debarment is in place, which would preclude receiving a
   federally funded contract as described above.
    Yes

5 Non-Discrimination Statement and Certification
2 In accordance with Federal civil rights law, all U.S. Departments, including the U.S. Department of Agriculture
   (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions
   participating in or administering USDA programs are prohibited from discriminating based on race, color, national
   origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status,
   family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for
   prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all
   programs). Remedies and complaint filing deadlines vary by program or incident.

   Persons with disabilities who require alternative means of communication for program information (e.g., Braille,
   large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET
   Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.
   Additionally, program information may be made available in languages other than English.

   To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027,
   found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed
   to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint
   form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of
   Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C.
   20250-9410; (2) fax: (202) 690-7442; or (3)
   email: program.intake@usda.gov.


   (Title VI of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age
   Discrimination Act of 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS
                113-1


   All U.S. Departments, including the USDA are equal opportunity provider, employer, and lender.



   Not a negotiable term. Failure to agree by answering YES will render your proposal non-responsive and it will not be
   considered. I certify that in the performance of a contract with TIPS or its members, that our company will conform to
   the foregoing anti-discrimination statement and comply with the cited and all other applicable laws and regulations.
    Yes




Page 12 of 25 pages                                 Vendor: Taylor Music, Inc.                                        210302
5 2 CFR PART 200 Contract Provisions Explanation
3 Required Federal contract provisions of Federal Regulations for Contracts for contracts with ESC Region 8 and
   TIPS Members:


   The following provisions are required to be in place and agreed if the procurement is funded in any part with federal
   funds.

   The ESC Region 8 and TIPS Members are the subgrantee or Subrecipient by definition. Most of the provisions are
            2            200 -                  200                              -
   Federal Awards at 2 CFR PART 200. Others are included within 2 CFR part 200 et al.

   In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-
   Federal entity under the Federal award must contain provisions covering the following, as applicable.

5 2 CFR PART 200 Contracts
4 Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted
   amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council
   (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in
   instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as
   appropriate.

   Notice: Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region
   8 and TIPS Members reserves all rights and privileges under the applicable laws and regulations with respect to this
   procurement in the event of breach of contract by either party.

   Does vendor agree?
    Yes

5 2 CFR PART 200 Termination
5 Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be
   effected and the basis for settlement. (All contracts in excess of $10,000)

   Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and
   TIPS Members reserves the right to terminate any agreement in excess
   of $10,000 resulting from this procurement process for cause after giving the vendor an appropriate opportunity
   and up to 30 days, to cure the causal breach of terms and conditions. ESC Region 8 and
   TIPS Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement
   process for convenience with 30 days notice in writing to the awarded vendor. The vendor
   would be compensated for work performed and goods procured as of the termination date if for convenience of the
   ESC Region 8 and TIPS Members. Any award under this procurement process is not exclusive and the ESC Region
   8 and TIPS reserves the right to purchase goods and services from other vendors when it is in the best interest of
   the ESC Region 8 and TIPS.

   Does vendor agree?
    Yes




Page 13 of 25 pages                               Vendor: Taylor Music, Inc.                                      210302
5 2 CFR PART 200 Clean Air Act
6 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as
                                                                 250 000
   non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the
   Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
   1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental
   Protection Agency (EPA).

   Pursuant to the Clean Air Act, et al above, when federal funds are expended by ESC Region 8 and TIPS Members,
   ESC Region 8 and TIPS Members requires that the proposer certify that during the term of
   an award by the ESC Region 8 and TIPS Members resulting from this procurement process the vendor agrees to
   comply with all of the above regulations, including all of the terms listed and referenced therein.

   Does vendor agree?
    Yes

5 2 CFR PART 200 Byrd Anti-Lobbying Amendment
7        -                    31      1352                                                                           100 000
   must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal
   appropriated funds to pay any person or organization for influencing or attempting to influence an officer or
   employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of
   Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.
   Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any
   Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

   Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and
   TIPS Members requires the proposer certify that during the term and during the life of any contract with ESC Region
   8 and TIPS Members resulting from this procurement process the vendor certifies to the terms included or
   referenced herein.

   Does vendor agree?
    Yes

5 2 CFR PART 200 Federal Rule
8 Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42
   U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental
   Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of
   $250,000)

   Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and
   TIPS Members requires the proposer certify that in performance of the contracts, subcontracts, and subgrants of
   amounts in excess of $250,000, the vendor will be in compliance with all applicable standards, orders, or
   requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act
   (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).

   Does vendor certify that it is in compliance with the Clean Air Act?
    Yes




Page 14 of 25 pages                                 Vendor: Taylor Music, Inc.                                        210302
5 2 CFR PART 200 Procurement of Recovered Materials
9 A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must
   comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
   Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the
   Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered
   materials practicable, consistent with
   maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value
   of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management
   services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement
   program for procurement of recovered materials identified in the EPA guidelines.

   Does vendor certify that it is in compliance with the Solid Waste Disposal Act as described above?
    Yes

6 2 CFR PART 200 Rights to Inventions
0                                                                          3          01 2
   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
                                                                                          3             01
   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 agree?
    Yes

6 2 CFR PART 200 Domestic Preferences for Procurements
1 As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent
   practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products,
   or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other
   manufactured products). The requirements of this section must be included in all subawards including all contracts
                                                                                2          200 322

   through the application of coatings, occurred in the United States. Moreover, for purposes of 2 CFR Part 200.322,
                                                                                                             -
   metals such as aluminum, plastics and polymer-based products such as polyvinyl chloride pipe, aggregates such as
   concrete, class, including optical fiber, and lumber.

   Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies
   that to the greatest extent practicable Vendor will provide a preference for the purchase, acquisition, or use of
   goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel,
   cement, and other manufactured products).

   Does vendor agree?
    Yes




Page 15 of 25 pages                               Vendor: Taylor Music, Inc.                                       210302
6 2 CFR PART 200 Ban on Foreign Telecommunications
2


   Company or ZTE Corporation (or any subsidiary or affiliate of such entities), and video surveillance and
   telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital
   Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

   Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies

      2       200 21
   technology as part of any system.

   Does vendor agree?
    Yes

6 Certification Regarding Lobbying
3 Applicable to Grants, Subgrants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds

   Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by
   section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was
   placed when this transaction was made or entered into. Any person who fails to file the required certification shall
   be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.


   The undersigned certifies, to the best of his or her knowledge and belief, that:

   (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person
   for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
   employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal
   contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement,
   and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or
   cooperative agreement.

   (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
   or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
   congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative
                                                                         -
   in accordance with its instructions.

   (3) The undersigned shall require that the language of this certification be included in the award documents for all
   covered subawards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall
   certify and disclose accordingly.

    I HAVE NOT Lobbied per above

6 If you answered "I HAVE lobbied" to the above Attribute Question
4 If you answered "I HAVE lobbied" to the above Attribute question, you must download the Lobbying Report
   "Standard From LLL, disclosure Form to Report Lobbying" which includes instruction on completing the form,
   complete and submit it in the Response Attachments section as a report of the lobbying activities you performed or
   paid others to perform.




Page 16 of 25 pages                               Vendor: Taylor Music, Inc.                                       210302
6 Subcontracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus
5 Area Firms.
   Do you ever anticipate the possibility of subcontracting any of your work under this award if you are successful?

   IF NO, DO NOT ANSWER THE NEXT ATTRIBUTE QUESTION. . IF YES, and ONLY IF YES, you must answer the
   next question YES if you want a TIPS Member to be authorized to spend Federal Grant Funds for Procurement.
    NO

6 ONLY IF YES TO THE PREVIOUS QUESTION OR if you ever do subcontract any part of your
6 performance under the TIPS Agreement, do you agree to comply with the following federal
   requirements?
   ONLY IF YES TO THE PREVIOUS QUESTION OR if you ever do subcontract any part of your performance under
   the TIPS Agreement,
   do you agree to comply with the following federal requirements?
                      2        200 321
   and labor surplus area firms. (a)The non-Federal entity must take all necessary affirmative steps to assure that
   minority businesses, women's business enterprises, and labor surplus area firms are used when possible.

   (b) Affirmative steps must include:

   (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

   (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are
   potential sources;

   (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum
   participation by small and minority businesses, and women's business enterprises;

   (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and
   minority businesses, and women's business enterprises;

   (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration
   and the Minority Business Development Agency of the Department of Commerce ; and

   (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs(1)
   through (5) of this section.
    No response




Page 17 of 25 pages                                Vendor: Taylor Music, Inc.                                        210302
6 Indemnification
7 The ESC Region 8 and TIPS is a Texas Political Subdivision and a local governmental entity; therefore, is prohibited
   from
   indemnifying third parties pursuant to the Texas Constitution (Article 3, Section 52) except as specifically provided
   by law or as
   ordered by a court of competent jurisdiction. A provision in a contract to indemnify or hold a party harmless is a
   promise to pay for
   any expenses the indemnified party incurs, if a specified event occurs, such as breaching the terms of the contract
   or negligently
   performing duties under the contract. Article III, Section 49 of the Texas Constitution states that "no debt shall be
   created by or on
   behalf of the State ... " The Attorney General has counseled that a contractually imposed obligation of indemnity
   creates a "debt" in
   the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Contract clauses which require the System or
   institutions to
   indemnify must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of
   Texas." Liquidated
   damages, attorney's fees, waiver of vendor's liability, and waiver of statutes of limitations clauses should also be
   deleted or qualified
   with "to the extent permitted by the Constitution and laws of State of Texas."

   Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do
   you agree
   to these terms?
    Yes

6 Remedies
8 The parties shall be entitled to exercise any right or remedy available to it either at law or in equity, subject to the
   choice of law, venue
   and service of process clauses limitations agreed herein. Nothing in this agreement shall commit the TIPS to an
   arbitration resolution
   of any disagreement under any circumstances. Any Claim arising out of or related to the Contract, except for those
   specifically waived
   under the terms of the Contract, may, after denial of the Board of Directors, be subject to mediation at the request
   of either party. Any
   issues not resolved hereunder MAY be referred to non-binding mediation to be conducted by a mutually agreed
   upon mediator as a

   associated filing fee
   equally. Mediation shall be held in Camp or Titus County, Texas. Agreements reached in mediation shall be reduced
   to writing, and
   will be subject to the approval by the District's Board of Directors, signed by the Parties if approved by the Board of
   Directors, and, if
   signed, shall thereafter be enforceable as provided by the laws of the State of Texas.

   Do you agree to these terms?
    Yes, I Agree

6 Remedies Explanation of No Answer
9
    No response




Page 18 of 25 pages                                 Vendor: Taylor Music, Inc.                                        210302
7 Choice of Law
0 The agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this
   procurement process, however described, shall be governed by, construed and enforced in accordance with the
   laws of the State of Texas, regardless of any conflict of laws principles.
   THIS DOES NOT APPLY to a vendor's agreement entered into with a TIPS Member, as the Member may be located
   outside Texas.

   Do you agree to these terms?
    Agreed

7 Venue, Jurisdiction and Service of Process
1
   Any proceeding, involving Region 8 ESC or TIPS, arising out of or relating to this procurement process or any
   contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent
   jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said
   court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of
   forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court,
   and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract
   resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may
   file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for
   agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in
   any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world.
   Any dispute resolution process other than litigation shall have venue in Camp County or Titus County Texas.

   Do you agree to these terms?
    Agreed

7 Infringement(s)
2 The successful vendor will be expected to indemnify and hold harmless the TIPS and its employees, officers,
   agents, representatives, contractors, assignees and designees from any and all third party claims and judgments
   involving infringement of patent, copyright, trade secrets, trade or service marks, and any other intellectual or

   contracts awarded and approved.

   Do you agree to these terms?
    Yes, I Agree

7 Infringement(s) Explanation of No Answer
3
    No response

7 Contract Governance
4
   Any contract made or entered into by the TIPS is subject to and is to be governed by Section 271.151 et seq, Tex
   Loc Gov't Code. Otherwise, TIPS does not waive its governmental immunities from suit or liability except to the
   extent expressly waived by other applicable laws in clear and unambiguous language.
    Yes




Page 19 of 25 pages                              Vendor: Taylor Music, Inc.                                     210302
7 Payment Terms and Funding Out Clause
5 Payment Terms:

   TIPS or TIPS Members shall not be liable for interest or late payment fees on past-due balances at a rate higher
   than permitted by the laws or regulations of the jurisdiction of the TIPS Member.

   Funding Out Clause:

                                                                                                     2 1 03
   statutory or regulatory limitations of the jurisdiction of any TIPS Member which governs contracts entered into by the
   Vendor and TIPS or a TIPS Member that requires all contracts approved by TIPS or a TIPS Member are subject to
   the budgeting and appropriation of currently available funds by the entity or its governing body.

   See statute(s) for specifics or consult your legal counsel.

   Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered.

   Do you agree to these terms?
    Yes

7 Insurance and Fingerprint Requirements Information
6 Insurance

   If applicable and your staff will be on TIPS member premises for delivery, training or installation etc. and/or with an
   automobile, you must carry automobile insurance as required by law. You may be asked to
   provide proof of insurance.


   Fingerprint

   It is possible that a vendor may be subject to Chapter 22 of the Texas Education Code. The Texas Education Code,
   Chapter 22, Section 22.0834. Statutory language may be found at: http://www.statutes.legis.state.tx.us/

   If the vendor has staff that meet both of these criterion:


   (1) will have continuing duties related to the contracted services; and

   (2) has or will have direct contact with students




   TIPS recommends all vendors consult their legal counsel for guidance in compliance with this law. If you have
   questions on how to comply, see below. If you have questions on compliance with this code section, contact the
   Texas Department of Public Safety Non-Criminal Justice Unit, Access and Dissemination Bureau, FAST-FACT at
   NCJU@txdps.state.tx.us and you should send an email identifying you as a contractor to a Texas Independent
   School District or ESC Region 8 and TIPS. Texas DPS phone number is (512) 424-2474.


   See form in the next attribute to complete entitled:
   Texas Education Code Chapter 22 Contractor Certification for Contractor Employees




Page 20 of 25 pages                                 Vendor: Taylor Music, Inc.                                       210302
7 Texas Education Code Chapter 22 Contractor Certification for Contractor Employees
7 Introduction: Texas Education Code Chapter 22 requires entities that contract with school districts to provide
   services to obtain criminal history record information regarding covered employees. Contractors must certify to the
   district that they have complied. Covered employees with disqualifying criminal histories are prohibited from serving
   at a school district.

   Definitions: Covered employees: Employees of a contractor or subcontractor who have or will have continuing
   duties related to the service to be performed at the District and have or will have direct contact with students. The
   District will be the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: Any
   conviction or other criminal history information designated by the District, or one of the following offenses, if at the
   time of the offense, the victim was under 18 or enrolled in a public school:

   (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as
   a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law
   or the laws of another state.


   I certify that:


   NONE (Section A) of the employees of Contractor and any subcontractors are covered employees, as defined
   above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure
   that the employees of Contractor and any subcontractor will not become covered employees. Contractor will
   maintain these precautions or conditions throughout the time the contracted services are provided.


   OR


   SOME (Section B) or all of the employees of Contractor and any subcontractor are covered employees. If this box
   is checked, I further certify that:

   (1) Contractor has obtained all required criminal history record information regarding its covered employees. None
   of the covered employees has a disqualifying criminal history.

   (2) If Contractor receives information that a covered employee subsequently has a reported criminal history,
   Contractor will immediately remove the covered employee from contract duties and notify the District in writing within
   3 business days.

   (3) Upon request, Contractor will provide the District with the name and any other requested information of covered
   employees so that the District may obtain criminal history record information on the covered employees.

   (4) If the District objects to the assignment of a covered employee on the basis of the covered employee's criminal
   history record information, Contractor agrees to discontinue using that covered employee to provide services at the
   District.

   Noncompliance or misrepresentation regarding this certification may be grounds for contract termination.
    None




Page 21 of 25 pages                                 Vendor: Taylor Music, Inc.                                        210302
7 Texas Business and Commerce Code § 272 Requirements as of 9-1-2017
8 SB 807 prohibits construction contracts to have provisions requiring the contract to be subject to the laws of
   another state, to be required to litigate the contract in another state, or to require arbitration in another state. A

   subcontracts, or agreements with (among others) architects, engineers, contractors, construction managers,
   equipment lessors, or materials suppliers.
   renovation, remodeling, or repair of any building or improvement to real property, or for furnishing materials or
   equipment for the project. The term also includes moving, demolition, or excavation. BY RESPONDING TO THIS
   SOLICITATION, AND WHEN APPLICABLE, THE PROPOSER AGREES TO COMPLY WITH THE TEXAS BUSINESS
                               2 2
   GOVERNMENT ENTITIES.

7 Texas Government Code 2270 Verification Form
9 Texas Government Code 2270 Verification Form

   If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this
   Agreement has a value of $100,000 or more, the following certification shall apply; otherwise, this certification is not
   required. Pursuant to Chapter 2270 of the Texas Government Code, the Vendor hereby certifies and verifies that
   neither the Vendor, nor any affiliate, subsidiary, or parent company of the Vendor, if any (the "Vendor Companies"),
   boycotts Israel, and the Vendor agrees that the Vendor and Vendor Companies will not boycott Israel during the
   term of this Agreement. For purposes of this Agreement, the term "boycott" shall mean and include refusing to deal
   with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic
   harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an Israeli-
   controlled territory, but does not include an action made for ordinary business purposes.

   Our entity further certifies that it is is not listed on and we do not do business with companies that are on the Texas
   Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153
   found at https://comptroller.texas.gov/purchasing/docs/foreign-terrorist.pdf

   I swear and affirm that the above is true and correct.
    YES

8 Logos and other company marks
0
   Please upload your company logo to be added to your individual profile page on the TIPS website. If any particular
   specifications are required for use of your company logo, please upload that information under the "Logo and Other
                                                                   Preferred Logo Format: 300 x 225 px - .png, .eps,
   .jpeg preferred




   Potential uses of company logo:


   * Your Vendor Profile Page of TIPS website


   * Potentially on TIPS website scroll bar for Top Performing Vendors


   * TIPS Quarterly eNewsletter sent to TIPS Members


   * Co-branding Flyers and or email blasts to our TIPS Members (Permission and approval will be obtained before
   publishing)




Page 22 of 25 pages                                 Vendor: Taylor Music, Inc.                                         210302
8 Solicitation Deviation/Compliance
1 Does the vendor agree with the General Conditions Standard Terms and
   Conditions or Item Specifications listed in this proposal invitation?
    Yes

8 Solicitation Exceptions/Deviations Explanation
2 If the bidder intends to deviate from the General Conditions Standard Terms and Conditions or Item Specifications
   listed in this proposal invitation, all such deviations must be listed on this attribute, with complete and detailed
   conditions and information included or attached.
   TIPS will consider any deviations in its proposal award decisions, and TIPS reserves the right to accept or reject any
   bid based upon any deviations indicated below or in any attachments or inclusions.
   In the absence of any deviation entry on this attribute, the proposer assures TIPS of their full compliance with the
   Standard Terms and Conditions, Item Specifications, and all other information contained in this Solicitation.
    No response

8 Agreement Deviation/Compliance
3 Does the vendor agree with the language in the Vendor Agreement?
    Yes

8 Agreement Exceptions/Deviations Explanation
4
   If the proposing Vendor desires to deviate form the Vendor Agreement language, all such deviations must be listed
   on this attribute, with complete and detailed conditions and information included. TIPS will consider any deviations in
   its proposal award decisions, and TIPS reserves the right to accept or reject any proposal based upon any
   deviations indicated below. In the absence of any deviation entry on this attribute, the proposer assures TIPS of
   their full compliance with the Vendor Agreement.
    No response

8 Felony Conviction Notice
5                                        03
   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

   terminate a contract with a person or business entity if the district determines that the person or business entity
   failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The
   district must compensate the person or business entity for services performed before the termination of the
                   This section does not apply to a publicly held corporation. The person completing this proposal
   certifies that they are authorized to provide the answer to this question.

   Select A., B. or C.

   A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable.

   OR B.My firm is not owned nor operated by anyone who has been convicted of a felony, OR

   C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony. (if you
   answer C below, you are required to provide information in the next attribute.
    B. Firm not owned nor operated by felon; per above




Page 23 of 25 pages                                 Vendor: Taylor Music, Inc.                                        210302
8 If you answered C. My Firm is owned or operated by a felon to the previous question, you are
6 REQUIRED TO ANSWER THE FOLLOWING QUESTIONS.
   If you answered C. My Firm is owned or operated by a felon to the previous question, you must provide the following
   information.

   1. Name of Felon(s)

   2. The named person's role in the firm, and

   3. Details of Conviction(s).
    No response

8 Long Term Cost Evaluation Criterion # 4.
7 READ CAREFULLY and see in the RFP document under "Proposal Scoring and Evaluation".
   Points will be assigned to this criterion based on your answer to this Attribute. Points are awarded if you agree not
   increase your catalog prices (as defined herein) more than X% annually over the previous year for the life of the
   contract, unless an exigent circumstance exists in the marketplace and the excess price increase which exceeds X%
   annually is supported by documentation provided by you and your suppliers and shared with TIPS, if requested. If
   you agree NOT to increase prices more than 5%, except when justified by supporting documentation, you are
   awarded 10 points; if 6% to 14%, except when justified by supporting documentation, you receive 1 to 9 points
   incrementally. Price increases 14% or greater, except when justified by supporting documentation, receive 0 points.
    increases will be 5% or less annually per question

8 Required Confidentiality Claim Form
8
   Required Confidentiality Claim Form
   This completed form is required by TIPS. By submitting a response to this solicitation you agree to download from



   process, you provide us with the information we require to comply with the open record laws of the State of Texas as
   they may apply to your proposal submission. If you do not provide the form with your proposal, an award will not be
   made if your proposal is qualified for an award, until TIPS has an accurate, completed form from you.
   Read the form carefully before completing and if you have any questions, email Rick Powell at TIPS at
   rick.powell@tips-usa.com

8 Choice of Law clauses with TIPS Members
9
   If the vendor is awarded a contract with TIPS under this solicitation, the vendor agrees to make any Choice of Law
   clauses in any contract or agreement entered into between the awarded vendor and with a TIPS member entity to
   read as follows: "Choice of law shall be the laws of the state where the customer resides" or words to that effect.
    Agreed

9 Venue of dispute resolution with a TIPS Member
0
   In the event of litigation or use of any dispute resolution model when resolving disputes with a TIPS member entity
   as a result of a transaction between the vendor and TIPS or the TIPS member entity, the Venue for any litigation or
   other agreed upon model shall be in the state and county where the customer resides unless otherwise agreed by
   the parties at the time the dispute resolution model is decided by the parties.
    Agreed




Page 24 of 25 pages                               Vendor: Taylor Music, Inc.                                     210302
9 Automatic renewal of contracts or agreements with TIPS or a TIPS member entity
1 This clause DOES NOT prohibit multiyear contracts or agreements with TIPS member entities.
   Because TIPS and TIPS members are governmental entities subject to laws that control appropriations of funds
   during their fiscal years for contracts and agreements to provide goods and services, does the Vendor agree to limit
   any automatic renewal clauses of a contract or agreement executed as a result of this TIPS solicitation award to not
   longer than "month to month" and at the TIPS contracted rate.
    Agreed

9 Indemnity Limitation with TIPS Members
2
   Texas and other states restrict by law or state Constitution the ability of a governmental entity to indemnify others.
   TIPS requires that any contract entered into between a vendor and TIPS or a TIPS Member as a result of an award
   under this Solicitation limit the requirement that the Customer indemnify the Vendor by either eliminating any such
   indemnity requirement clauses in any agreements, contracts or other binding documents OR by prefacing all
   indemnity clauses required of TIPS or the TIPS Member entity with the following: "To the extent permitted by the laws
   or the Constitution of the state where the customer resides, ".

   Agreement is a required condition to award of a contract resulting from this Solicitation.
    Agreed

9 Arbitration Clauses
3
   Except for certain circumstances, TIPS forbids a mandatory arbitration clause in any contract or agreement entered
   into between the awarded vendor with TIPS or a TIPS member entity. Does the vendor agree to exclude any
   arbitration requirement in any contracts or agreement entered into between TIPS or a TIPS member entity through
   an awarded contract with TIPS?
    Agreed

9 Required Vendor Sales Reporting
4
   By responding to this Solicitation, you agree to report to TIPS all sales made under any awarded Agreement with
   TIPS. Vendor is required to report all sales under the TIPS contract to TIPS. If the TIPS Member entity requesting a
   price from the awarded Vendor requests the TIPS contract, Vendor must include the TIPS Contract number on any
   communications with the TIPS Member entity. If awarded, you will be provided access to the Vendor Portal. To
                                                                                                   3-       Vendor
   Portal User Guide will walk you through the process of reporting sales to TIPS. Please refer to the TIPS Accounting
           for more information about reporting sales and if you have further questions, contact the Accounting Team
   at accounting@tips-usa.com. The Vendor or vendor assigned dealers are responsible for keeping record of all
   sales that go through the TIPS Agreement and submitting same to TIPS.

9 Upload of Current W-9 Required
5 Please note that you are required by TIPS to upload a current W-9 Internal Revenue Service (IRS) Tax Form for
   your entity. This form will be utilized by TIPS to properly identify your entity. Additionally, if not designated
                                                      -
   TIPS purchases from you in the event that you are awarded. If you wish to designate your required W-9
   confidential, please do so according to the terms of the Confidentiality Claim Form which is an attachment to this
   solicitation.




Page 25 of 25 pages                               Vendor: Taylor Music, Inc.                                      210302
REFERENCES

Please provide three (3)
references, preferably from
school districts or other
governmental entities who
have used your services
within

the last three years.
Additional references may
be required. DO NOT
INCLUDE TIPS EMPLOYEES
AS A REFERENCE.


You may provide more than
three (3) references.

                                                     VALID EMAIL IS
Entity Name                   Contact Person         REQUIRED                Phone
TIPS CONTRACT
REFERENCES:

Deer Park ISD, Deer Park, TX John Knowlton, Purchasing jknowlton@dpisd.org     832-668-7060
Needham Public Schools,      Felicia Fraser, Sr.       felicia_fraser@needham. 781-455-0800
Needham, MA                  Bookkeeper/Fine Arts      k12.ma.us               X22441
NATIONAL SCHOOL
REFERENCES:
Loudoun County Public        Beth Marling, Procurement beth.marling@lcps.org 571-252-1270
Schools, Asburn, VA          Specialist III

Gwinnett Co. Public Schools, Betsy McCurry, Buyer    betsy.mccurry@gcpsk12. 678-301-6283
Suwanee GA                                           org
Metro Nashville Public   Jackie Taylor, Contract   jackie.taylor@mnps.org 615-259-8541
Schools, Nashville, TN   Agent I
Cypress-Fairbanks ISD,   Beth Rutherford,          beth.rutherford@cfisd.n 281-807-8141
Houston, TX              Purchasing                et
         7,36 5)3 
                      

                                        5HTXLUHG &RQILGHQWLDO ,QIRUPDWLRQ 6WDWXV )RUP

     7D\ORU 0XVLF ,QF
       1DPH RI FRPSDQ\

     0DU\ 0F.LQQH\ 6FKRRO %LG 6DOHV
       3ULQWHG1DPHDQG7LWOHRI DXWKRUL]HGFRPSDQ\RIILFHU declaring below the confidential status of material


       6 0DLQ                               $EHUGHHQ                   6'                    



       $GGUHVV                                                       &LW\                      6WDWH      =,3                   3KRQH
>>sEKZ^Dh^dKDW>dd,Ks^d/KE
CONFIDENTIAL INFORMATION SUBMITTED IN RESPONSE TO COMPETITIVE PROCUREMENT REQUESTS OF EDUCATION
     SERVICE CENTER REGION 8 AND TIPS (ESC8) IS GOVERNED BY TEXAS GOVERNMENT CODE, CHAPTER 552

    If you consider any portion of your proposal to be confidential information and not subject to public disclosure pursuant to Chapter 552 Texas
    Gov¶t Code or other law(s), \RX PXVW DWWDFK D FRS\ RI DOO FODLPHG FRQILGHQWLDO PDWHULDOV ZLWKLQ \RXU SURSRVDO DQG SXW WKLV
    &203/(7(' IRUP DV D FRYHU VKHHW WR VDLG PDWHULDOV WKHQ VFDQ QDPH ³&21),'(17,$/´ DQG XSORDG ZLWK \RXU SURSRVDO
    VXEPLVVLRQ. (You must include all the confidential information in the submitted proposal. The copy uploaded is to indicate which material
    in your proposal, if any, you deem confidential in the event the receives a Public Information Request.) ESC8 and TIPS will follow procedures
    of controlling statute(s) regarding any claim of confidentiality and shall not be liable for any release of information required by law. Upon
    your claim and your defense to the Office of Texas Attorney General is required to make the final determination whether the information
    submitted by you and held by ESC8 and TIPS is confidential and exempt from public disclosure.

                        >>sEKZ^Dh^dKDW>dKEK&d,dtKKWd/KE^>Kt͘



    237,21
    , '2&/$,0 SDUWV RI P\ SURSRVDOWR EHFRQILGHQWLDO DQG DO NOT GHVLUH WR H[SUHVVO\ ZDLYH a claim of
    confidentiality of all information contained within our response to the solicitation. The attached contains material from our
    proposal that I classify and deem confidential under Texas Gov't Code Sec. 552 or other law(s) and I invoke my statutory
    rights to confidential treatment of the enclosed materials.
    IF CLAIMING PARTS OF YOUR PROPOSAL CONFIDENTIAL, YOU MUST ATTACH THE SHEETS TO THIS
    FORM AND LIST THE NUMBER OT TOTAL PAGES THAT ARE CONFIDENTIAL.

    $77$&+(' ARE COPIES OF          PAGES OF CLAIMED CONFIDENTIAL MATERIAL FROM OUR
    PROPOSAL THAT WE DEEM TO BE NOT PUBLIC INFORMATION AND WILL DEFEND THAT CLAIM
    TO THE TEXAS ATTORNEY GENERAL IF REQUESTED WHEN A PUBLIC INFORMATION REQUEST IS
    MADE FOR OUR PROPOSAL.


         Signature                                                                          Date


    ----------------------------------------------------------- 25 ---------------------------------------------------

237,21
, '2 127 &/$,0 DQ\RI P\SURSRVDO WR EH FRQILGHQWLDO FRPSOHWH WKH VHFWLRQ EHORZ
([SUHVV :DLYHU ,GHVLUHWRH[SUHVVO\ZDLYH any claim of confidentiality as to any and all information contained
within our response to the competitive procurement process (e.g. RFP, CSP, Bid, RFQ, etc.) by completing the
following and submitting this sheet with our response to Education Service Center Region 8 and TIPS.

                                                     'LJLWDOO\VLJQHGE\0DU\0F.LQQH\
      Signature 0DU\0F.LQQH\                         'DWH  Date     


Confidentiality Claim Form rev 10012020RP
 The Interlocal Purchasing System
  Purchasing Made Personal



                                                                                                 Printed 9 June 2021


  www.taylormusic.com


                                                    Taylor Music Inc

 EMAIL PO & VENDOR QUOTE TO: TIPSPO@TIPS-USA.COM PO AND QUOTE MUST REFERENCE VENDOR’S TIPS
 CONTRACT NUMBER ATTACH PO AS A PDF - ONLY ONE PO (WITH QUOTE) PER ATTACHMENT

                                    PAYMENT TO                                            TIPS CONTACT
                  ADDRESS            513 S Main                                 NAME Meredith Barton
                          CITY       Aberdeen                                 PHONE (866) 839-8477
                       STATE         SD                                         FAX (866) 839-8472
                            ZIP      57401                                     EMAIL tips@tips-usa.com

        DISADVANTAGED/MINORITY/WOMAN BUSINESS ENTERPRISE: N                                                    HUB: N

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Overview
National Retailer of Band Instruments, Music Instruments, School Band Musical Instruments and Equipment,
Percussion, Woodwind, Brass, Accessories and Supplies for School Band Programs. Call or email for your special
discounted educational quote: mary@taylormusic.com
Reference TIPS-USA 210302
AWARDED CONTRACTS "View EDGAR Doc" on Website
Contract      Comodity                                                Exp Date     EDGAR
210302        Music Instruments, Sheet Music and Repair Services      05/31/2024   See EDGAR Certification Doc.




CONTACTS BY CONTRACTS
210302
Mary McKinney                 School Bid Sales       (800) 872-2263   mary@taylormusic.com
Lana Steger                   School Bid Dept.       (800) 872-2263   lana@taylormusic.com