TIPS VENDOR AGREEMENT
PART 1 ONLY
Digital Scoreboards, LLC.
Between_____________ and
(Company Name)
THE INTERLOCAL PURCHASING SYSTEM (TIPS),
a Department of Texas Education Service Center Region 8 for
TIPS RFP 220901 Scoreboards and Services (2 Part with JOC) - PART 1 ONLY
General Information
The Vendor Agreement (“Agreement”) made and entered into by and between The Interlocal Purchasing
System (hereinafter “TIPS”) a government cooperative purchasing program authorized by the Region 8
Education Service Center, having its principal place of business at 4845 US Hwy 271 North, Pittsburg, Texas
75686 and the TIPS Vendor. This Agreement consists of the provisions set forth below, including provisions
of all attachments referenced herein. In the event of a conflict between the provisions set forth below and
those contained in any attachment, the provisions set forth shall control unless otherwise agreed by the
parties in writing and by signature and date on the attachment.
A Purchase Order (“PO”), Agreement or Contract is the TIPS Member’s approval providing the authority to
proceed with the negotiated delivery order under the Agreement. Special terms and conditions as agreed
between the Vendor and TIPS Member should be added as addendums to the Purchase Order, Agreement
or Contract. Items such as certificate of insurance, bonding requirements, small or disadvantaged business
goals are some, but not all, of the possible addendums.
Terms and Conditions
Freight
All quotes to Members shall provide a line item for cost for freight or shipping regardless if there is a charge
or not. If no charge for freight or shipping, indicate by stating “No Charge”, “$0”, “included in price” or other
similar indication. Otherwise, all shipping, freight or delivery changes shall be passed through to the TIPS
Member at cost with no markup and said charges shall be agreed by the TIPS Member unless alternative
shipping terms are agreed by TIPS as a result of the proposal award. Shipping method is determined by the
vendor and the Member/Customer at the time of the quote/purchase by the Member/Customer and
satisfactory shipping methods and costs are agreed upon at that time.
Warranty Conditions
All new supplies equipment and services shall include manufacturer's minimum standard warranty unless
otherwise agreed to in writing. Vendor shall be legally permitted to sell all products offered for sale to TIPS
Members if the offering is included in the Request for Proposal (“RFP”) category. All goods proposed and
sold shall be new unless clearly stated in writing.
Customer Support
The Vendor shall provide timely and accurate customer support for orders to TIPS Members as agreed by
TIPS Vendor Agreement PART 1 ONLY Ver. 021522_sr Page 1
the Parties. Vendors shall respond to such requests within a commercially reasonable time after receipt of
the request. If support and/or training is a line item sold or packaged with a sale, support shall be as agreed
with the TIPS Member.
Agreements
Agreements for purchase will normally be put into effect by means of a contract, agreement, or purchase
order(s) executed by authorized agents of the TIPS Member participating government entities, but other
means of placing an order may be used at the Member’s discretion. Vendor accepts and understands that
when a purchase order or similar purchase document is sent from a customer through TIPS to the Vendor,
TIPS is recording the purchase and verifying whether the purchase is within the parameters of the TIPS
Contract only. Vendor agrees that TIPS is not a legal party to the purchase order or similar purchase
document and TIPS is not responsible for identifying fraud, mistakes, or misrepresentations for the specific
order. Vendor agrees that any purchase order or similar purchase document issued from a customer to
Vendor, even when processed through TIPS, constitutes a legal contract between the customer and Vendor
only. A Vendor that accepts a purchase order or similar purchase document and fulfills an order, even when
processed through TIPS, is representing that the vendor has carefully reviewed the purchase order or similar
purchase document for legality, authenticity, and accuracy.
Tax exempt status
Most TIPS Members are tax exempt and the related laws and/or regulations of the controlling jurisdiction(s)
of the TIPS Member shall apply.
Assignments of Agreements
No assignment of this Agreement may be made without the prior notification of TIPS. Written approval of
TIPS shall not be unreasonably withheld. Payment for delivered goods and services can only be made to the
awarded Vendor, Vendor designated reseller or vendor assigned company, where permitted by TIPS.
Disclosures
• Vendor and TIPS affirm that they, or any authorized employees or agents, have not given, offered to
give, nor intend to give at any time hereafter any economic opportunity, future employment, gift, loan,
gratuity, special discount, trip, favor or service to a public servant in connection with this Agreement.
• Vendor shall attach, in writing, a complete description of any and all relationships that might be
considered a conflict of interest in doing business with the TIPS program.
• The Vendor affirms that, to the best of his/her knowledge, the offer has been arrived at
independently, and is submitted without collusion with anyone to obtain information or gain any
favoritism that would in any way limit competition or give an unfair advantage over other vendors in
the award of this Agreement.
Term of Agreement and Renewals
The Agreement with TIPS is for approximately three years with an option for renewal for an additional one
consecutive year. If TIPS offers the renewal extension year, the Vendor will be notified by email to the primary
contact of the awarded Vendor and shall be deemed accepted by the Vendor unless the awarded Vendor notifies
TIPS of its objection to the additional term in writing. TIPS may or may not exercise some or all of the available
extension(s) provided in the original solicitation beyond the base three-year term. Whether or not to offer some
or all of the extension is at the sole discretion of TIPS.
TIPS Vendor Agreement PART 1 ONLY Ver. 021522_sr Page 2
“Start Date” for Term Calculation Purposes Only: Regardless of actual award/effective date of Contract, for
Agreement “term” calculation purposes only, the Agreement “Start Date” is the last day of the month that
“Award Notifications” are anticipated as published in the Solicitation.
Example: In this example, if the anticipated “Award Date” published in the Solicitation is May 22, 2022, but
extended negotiations delay award until June 27, 2022 The end date of the resulting initial “three-year” term,
(which is subject to an extension(s)) will still be May 31, 2025 for purposes of this example.
“Termination Date”: The scheduled Agreement “termination date” shall be the last day of the month of the
month of the original solicitation’s anticipated “Award Date” plus three years.
Example: In this example, if the original term is approximately three years, and the solicitation provides an
anticipated award date of May 22, 2022, the expiration date of the original three-year term shall be May 31,
2025 for purposes of this example.
Extensions: Any extensions of the original term shall begin on the next day after the day the original term expires
unless otherwise specified.
Example Following the Previous Example: In this example, if TIPS offers a one-year extension, the expiration of
the extended term shall be May 31, 2026 unless otherwise specified.
TIPS may offer to extend Vendor Agreements to the fullest extent the original Solicitation permits.
Automatic Renewal Clauses Incorporated in Awarded Vendor Agreements with TIPS Members Resulting from the
Solicitation and with the Vendor Named in this Agreement.
No Agreement for goods or services with a TIPS Member by the awarded vendor named in this Agreement
that results from the solicitation award named in this Agreement, may incorporate an automatic renewal
clause that exceeds month to month terms with which the TIPS Member must comply. All renewal terms
incorporated in an Agreement by the vendor with the TIPS Member shall only be valid and enforceable when
the vendor receives written confirmation by purchase order, executed Agreement or other written
instruction issued by the TIPS Member for any renewal period. The purpose of this clause is to avoid a TIPS
Member inadvertently renewing an Agreement during a period in which the governing body of the TIPS
Member has not properly appropriated and budgeted the funds to satisfy the Agreement renewal. This term
is not negotiable and any Agreement between a TIPS Member and a TIPS awarded vendor with an automatic
renewal clause that conflicts with these terms is rendered void and unenforceable.
Shipments
The Vendor shall ship, deliver or provide ordered products or services within a commercially reasonable time
after the receipt of the order from the TIPS Member. If a delay in said delivery is anticipated, the Vendor
shall notify TIPS Member as to why delivery is delayed and shall provide an estimated time for completion
of the order. TIPS or the requesting entity may cancel the order if estimated delivery time is not acceptable
or not as agreed by the parties.
Invoices
Each invoice or pay request shall include the Vendor’s TIPS Contract number, the TIPS Member’s purchase
order number or other identifying designation as provided in the order by the TIPS Member. If applicable, the
shipment tracking number or pertinent information for verification of TIPS Member receipt shall be made
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available upon request.
Payments
The TIPS Member will make payments directly to the Vendor, the Vendor Assigned Dealer or as agreed by
the Vendor and the TIPS Member after receiving invoice and in compliance with applicable payment
statute(s), whichever is the greater time or as otherwise provided by an agreement of the parties.
Pricing
Price increases will be honored according to the terms of the solicitation and vendor proposal. All pricing
submitted to TIPS shall include the participation fee, as provided in the solicitation, to be remitted to TIPS by
the Vendor. Vendor will not show adding the fee to the invoice presented to TIPS Member customer.
Participation Fees and Reporting of Sales to TIPS by Vendor
The Participation Fee that was published as part of the Solicitation and the fee published is the legally effective
fee, along with any fee conditions stated in the Solicitation. Collection of the fees by TIPS is required under
Texas Government Code §791.011 Et seq. Fees are due on all TIPS purchases reported by either Vendor or
Member. Fees are due to TIPS upon payment by the Member to the Vendor, Reseller or Vendor Assigned
Dealer. Vendor, Reseller, or Vendor Assigned Dealer agrees that the participation fee is due to TIPS for all
Agreement sales immediately upon receipt of payment including partial payment, from the Member Entity
and must be paid to TIPS at least on a monthly basis, specifically within 31 calendar days of receipt of payment,
if not more frequently, or as otherwise agreed by TIPS in writing and signed by an authorized signatory of TIPS.
Thus, when an awarded Vendor, Reseller or Vendor Assigned Dealer receives any amount of payment, even
partial payment, for a TIPS sale, the legally effective fee for that amount is immediately due to TIPS from the
Vendor and fees due to TIPS should be paid at least on a monthly basis, specifically within 31 calendar days of
receipt of payment, if not more frequently.
Reporting of Sales to TIPS by Vendor
Vendor is required to report all sales under the TIPS contract to TIPS. When a public entity initiates a purchase
with a TIPS Awarded Vendor, if the Member inquires verbally or in writing whether the Vendor holds a TIPS
Contract, it is the duty of the Vendor to verify whether or not the Member is seeking a TIPS purchase. Once
verified, the Vendor must include the TIPS Contract number on any communications and related sales
documents exchanged with the TIPS Member entity. To report sales, the Vendor must login to the TIPS Vendor
Portal online at https://www.tips-usa.com/vendors_form.cfm and click on the PO’s and Payments tab. Pages
3-7 of the Vendor Portal User Guide will walk you through the process of reporting sales to TIPS. Please refer
to the TIPS Accounting FAQ’s for more information about reporting sales and if you have further questions,
contact the Accounting Team at accounting@tips-usa.com. The Vendor or vendor assigned dealers are
responsible for keeping record of all sales that go through the TIPS Agreement and submitting same to TIPS.
Failure to properly report or render the participation fee to TIPS shall constitute a breach of this agreement
with our parent governmental entity, Texas Education Service Center Region 8, as established by the Texas
legislature and shall be grounds for termination of this agreement and any other agreement held with TIPS
and possible legal action. Any overpayment of participation fees to TIPS by a Vendor will be refunded to the
Vendor within ninety (90) days of receipt of notification if TIPS receives written notification of the overpayment
not later than the expiration of six (6) months from the date of overpayment and TIPS determines that the
amount was not legally due to TIPS pursuant to this agreement and applicable law. It is the Vendor’s
responsibility to identify which sales are TIPS Agreement sales and pay the correct participation fee due for
TIPS Agreement sales. Any notification of overpayment received by TIPS after the expiration of six (6) months
from the date of overpayment will be non-refundable. Region 8 ESC and TIPS reserve the right to extend the
six (6) month deadline to notify if approved by the Region 8 ESC Board of Directors. TIPS reserves all rights
TIPS Vendor Agreement PART 1 ONLY Ver. 021522_sr Page 4
under the law to collect the fees due. Please contact TIPS at tips@tips‐usa.com or call (866) 839‐8477 if you
have questions about paying fees.
Indemnity
The Vendor agrees to indemnify and hold harmless and defend TIPS, TIPS Member(s), officers and employees
from and against all claims and suits by third parties for damages, injuries to persons (including death),
property damages, losses, and expenses including court costs and reasonable attorney’s fees, arising out of,
or resulting from, Vendor’s performance under this Agreement, including all such causes of action based
upon common, constitutional, or statutory law, or based in whole or in part, upon allegations of negligent
or intentional acts on the part of the Vendor, its officers, employees, agents, subcontractors, licensees, or
invitees. Parties found liable shall pay their proportionate share of damages as agreed by the parties or as
ordered by a court of competent jurisdiction over the case. NO LIMITATION OF LIABILITY FOR DAMAGES
FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE PERMITTED OR AGREED BY TIPS/ESC REGION 8. Per
Texas Education Code §44.032(f), and pursuant to its requirements only, reasonable Attorney’s fees are
recoverable by the prevailing party in any dispute resulting in litigation.
State of Texas Franchise Tax
By signature hereon, the Vendor hereby certifies that he/she is not currently delinquent in the payment of
any franchise taxes owed the State of Texas under Chapter 171, Tax Code.
Miscellaneous
The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion
and that any Vendor may be removed from the participation in the Program at any time with or without
cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be
construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the
right to request additional proposals for items or services already on Agreement at any time.
Purchase Order Pricing/Product Deviation
If a deviation of pricing/product on a Purchase Order or contract modification occurs between the Vendor
and the TIPS Member, TIPS must be notified within five (5) business days of receipt of change order.
Termination for Convenience of TIPS Agreement Only
TIPS reserves the right to terminate this agreement for cause or no cause for convenience with a thirty (30)
days prior written notice. Termination for convenience is conditionally required under Federal Regulations 2
CFR part 200 if the customer is using federal funds for the procurement. All purchase orders presented to
the Vendor, but not fulfilled by the Vendor, by a TIPS Member prior to the actual termination of this
agreement shall be honored at the option of the TIPS Member. The awarded Vendor may terminate the
agreement with ninety (90) days prior written notice to TIPS 4845 US Hwy North, Pittsburg, Texas 75686.
The vendor will be paid for goods and services delivered prior to the termination provided that the goods
and services were delivered in accordance with the terms and conditions of the terminated agreement.
This termination clause does not affect the sales agreements executed by the Vendor and the TIPS Member
customer pursuant to this agreement. TIPS Members may negotiate a termination for convenience clause
that meets the needs of the transaction based on applicable factors, such as funding sources or other
needs.
TIPS Member Purchasing Procedures
Usually, purchase orders or their equal are issued by participating TIPS Member to the awarded vendor and
should indicate on the order that the purchase is per the applicable TIPS Agreement Number. Orders are
TIPS Vendor Agreement PART 1 ONLY Ver. 021522_sr Page 5
typically emailed to TIPS at tipspo@tips‐usa.com.
• Awarded Vendor delivers goods/services directly to the participating member.
• Awarded Vendor invoices the participating TIPS Member directly.
• Awarded Vendor receives payment directly from the participating member.
• Fees are due to TIPS upon payment by the Member to the Vendor. Vendor agrees to pay the
participation fee to TIPS for all Agreement sales upon receipt of payment including partial payment,
from the Member Entity or as otherwise agreed by TIPS in writing and signed by an authorized
signatory of TIPS.
Licenses
Awarded Vendor shall maintain, in current status, all federal, state and local licenses, bonds and permits
required for the operation of the business conducted by awarded Vendor. Awarded Vendor shall remain
reasonably fully informed of and in compliance with all ordinances and regulations pertaining to the lawful
provision of goods or services under the Agreement. TIPS and TIPS Members reserves the right to stop work
and/or cancel an order or terminate this or any other sales Agreement of any awarded Vendor whose license(s)
required for performance under this Agreement have expired, lapsed, are suspended or terminated subject
to a 30‐day cure period unless prohibited by applicable statue or regulation.
Novation
If awarded Vendor sells or transfers all assets, rights or the entire portion of the assets or rights required to
perform this Agreement, a successor in interest must guarantee to perform all obligations under this
Agreement. A simple change of name agreement will not change the Agreement obligations of awarded
vendor. TIPS will consider Contract Assignments on a case by case basis. TIPS must be notified within five
(5) business days of the transfer of assets or rights.
Site Requirements (only when applicable to service or job)
Cleanup: When performing work on site at a TIPS Member’s property, awarded Vendor shall clean up and
remove all debris and rubbish resulting from their work as required or directed by TIPS Member or as
agreed by the parties. Upon completion of work, the premises shall be left in good repair and an orderly,
neat, clean and unobstructed condition.
Preparation: Awarded Vendor shall not begin a project for which TIPS Member has not prepared the site,
unless awarded Vendor does the preparation work at no cost, or until TIPS Member includes the cost of
site preparation in a purchase order. Site preparation includes, but is not limited to: moving furniture,
installing wiring for networks or power, and similar pre‐installation requirements.
Registered sex offender restrictions: For work to be performed at schools, awarded Vendor agrees that
no employee of a subcontractor who has been adjudicated to be a registered sex offender will perform
work at any time when students are, or reasonably expected to be, present unless otherwise agreed by
the TIPS Member. Awarded Vendor agrees that a violation of this condition shall be considered a material
breach and may result in the cancellation of the purchase order at the TIPS Member’s discretion. Awarded
Vendor must identify any additional costs associated with compliance of this term. If no costs are
specified, compliance with this term will be provided at no additional charge. Safety measures: Awarded
Vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect
and properly maintain all necessary safeguards for protection of workers and the public. Awarded Vendor
shall post warning signs against all hazards created by the operation and work in progress. Proper
precautions shall be taken pursuant to state law and standard practices to protect workers, general public
and existing structures from injury or damage.
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Safety Measures
Awarded Vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall
erect and properly maintain all necessary safeguards for protection of workers and the public. Awarded
vendor shall post warning signs against all hazards created by the operation and work in progress. Proper
precautions shall be taken pursuant to state law and standard practices to protect workers, general public
and existing structures from injury or damage.
Smoking
Persons working under Agreement shall adhere to the TIPS Member’s or local smoking statutes, codes or
policies.
Marketing
Awarded Vendor agrees to allow TIPS to use their name and logo within TIPS website, marketing materials
and advertisement subject to any reasonable restrictions provided to TIPS in the Proposal to the
Solicitation. The Vendor may submit an acceptable use directive for Vendor’s names and logos with which
TIPS agrees to comply. Any use of TIPS name and logo or any form of publicity, inclusive of press release,
regarding this Agreement by awarded vendor must have prior approval from TIPS which will not be
unreasonably withheld. Request may be made by email to TIPS@TIPS‐USA.COM.
Supplemental Agreements
The TIPS Member entity participating in the TIPS Agreement and awarded Vendor may enter into a separate
Supplemental Agreement or contract to further define the level of service requirements over and above
the minimum defined in this Agreement such as but not limited to, invoice requirements, ordering
requirements, specialized delivery, etc. Any Supplemental Agreement or contract developed as a result of
this Agreement is exclusively between the TIPS Member entity customer and the Vendor. TIPS, its agents,
TIPS Members and employees not a party to the Supplemental Agreement with the TIPS Member customer,
shall not be made party to any claim for breach of such agreement unless named and agreed by the Party
in question in writing in the agreement. If a Vendor submitting a Proposal requires TIPS and/or TIPS
Member to sign an additional agreement, those agreements shall comply with the award made by TIPS to
the Vendor. Supplemental Vendor’s Agreement documents may not become part of TIPS’ Agreement with
Vendor unless and until an authorized representative of TIPS reviews and approves it. TIPS review and
approval may be at any time during the life of this Vendor Agreement. TIPS permits TIPS Members to
negotiate additional terms and conditions with the Vendor for the provision of goods or services under the
Vendor’s TIPS Agreement so long as they do not materially conflict with this Agreement.
Survival Clause
All applicable sales, leases, Supplemental Agreements, contracts, software license agreements, warranties or
service agreements that were entered into between Vendor and TIPS or the TIPS Member Customer under
the terms and conditions of this Agreement shall survive the expiration or termination of this Agreement. All
Orders, Purchase Orders issued or contracts executed by TIPS or a TIPS Member and accepted by the Vendor
prior to the expiration or termination of this agreement, shall survive expiration or termination of the
Agreement, subject to previously agreed terms and conditions agreed by the parties or as otherwise
specified herein relating to termination of this agreement.
Legal obligations
It is the responding Vendor’s responsibility to be aware of and comply with all local, state and federal laws
governing the sale of products/services identified in the applicable Solicitation that resulted in this Vendor
Agreement and any awarded Agreement thereof. Applicable laws and regulations must be followed even if
TIPS Vendor Agreement PART 1 ONLY Ver. 021522_sr Page 7
not specifically identified herein.
Audit rights
Due to transparency statutes and public accountability requirements of TIPS and TIPS Members’, the
awarded Vendor shall, at their sole expense, maintain appropriate due diligence of all purchases made by
TIPS Member that utilizes this Agreement. TIPS and Region 8 ESC each reserve the right to audit the
accounting of TIPS related purchases for a period of three (3) years from the time such purchases are made.
This audit right shall survive termination of this Agreement for a period of one (1) year from the effective
date of termination. In order to ensure and confirm compliance with this agreement, TIPS shall have
authority to conduct audits of Awarded Vendor’s pricing or TIPS transaction documentation with TIPS
Members with 30 days’ notice unless the audit is ordered by a Court Order or by a Government Agency with
authority to do so without notice. Notwithstanding the foregoing, in the event that TIPS is made aware of
any pricing being offered to eligible entities that is materially inconsistent with the pricing under this
agreement, TIPS shall have the ability to conduct the audit internally or may engage a third‐ party auditing
firm to investigate any possible non‐ compliant conduct or may terminate the Agreement according to the
terms of this Agreement. In the event of an audit, the requested materials shall be reasonably provided in
the time, format and at the location acceptable to Region 8 ESC or TIPS. TIPS agrees not to perform a random
audit the TIPS transaction documentation more than once per calendar year, but reserves the right to audit
for just cause or as required by any governmental agency or court with regulatory authority over TIPS or the
TIPS Member.
Force Majeure
If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its
obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in
writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and
the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be
suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no
longer period, and such party shall endeavor to remove or overcome such inability with all reasonable
dispatch.
Choice of Law
The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting
from this procurement process, however described, shall be governed by, construed and enforced in
accordance with the laws of the State of Texas, regardless of any conflict of laws principles.
Venue, Jurisdiction and Service of Process
Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting
from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County,
Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such
proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees
that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees
not to bring any proceeding arising out of or relating to this procurement process or any contract resulting
from or any contemplated transaction in any other court. The parties agree that either or both of them may
file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely
bargained for agreement between the parties irrevocably to waive any objections to venue or to
convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be
served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation,
between TIPS and the Vendor shall be located in Camp or Titus County, Texas.
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Project Delivery Order Procedures
The TIPS Member having approved and signed an interlocal agreement, or other TIPS Membership
document, may make a request of the awarded Vendor under this Agreement when the TIPS Member desires
goods or services awarded to the Vendor. Notification may occur via phone, the web, courier, email, fax, or
in person. Upon notification of a pending request, the awarded Vendor shall acknowledge the TIPS
Member’s request as soon as possible, but must make contact with the TIPS Member within two working
days.
Status of TIPS Members as Related to Vendors Contract Information
TIPS Members stand in the place of TIPS as related to this agreement and have the same access to the
proposal information and all related documents. TIPS Members have all the same rights under the awarded
Agreement as TIPS.
Vendor’s Resellers as Related to This Agreement
Vendor’s Named Resellers (“Resellers”) under this Agreement shall comply with all terms and conditions of
this agreement and all addenda or incorporated documents. All actions related to sales by Authorized
Vendor’s Resellers under this Agreement are the responsibility of the awarded Vendor. If Resellers fail to
report sales to TIPS under your Agreement, the awarded Vendor is responsible for their contractual failures
and shall be billed for the fees. The awarded Vendor may then recover the fees from their named reseller
as the law allows.
Support Requirements
If there is a dispute between the awarded Vendor and TIPS Member, TIPS or its representatives may, at TIPS
sole discretion, assist in conflict resolution if requested by either party. TIPS, or its representatives, reserve
the right to inspect any project and audit the awarded Vendor’s TIPS project files, documentation and
correspondence related to the requesting TIPS Member’s order. If there are confidentiality requirements by
either party, TIPS shall comply to the extent permitted by law.
Incorporation of Solicitation
The TIPS Solicitation which resulted in this Vendor Agreement, whether a Request for Proposals, the Request
for Competitive Sealed Proposals or Request for Qualifications solicitation, or other, the Vendor’s response
to same, and all associated documents and forms made part of the solicitation process, including any
addenda, are hereby incorporated by reference into this Agreement as if copied verbatim.
SECTION HEADERS OR TITLES
THE SECTON HEADERS OR TITLES WITHIN THIS DOCUMENT ARE MERELY GUIDES FOR CONVENIENCE AND
ARE NOT FOR CLASSIFICATION OR LIMITING OF THE RESPONSIBILITES OF THE PARTIES TO THIS DOCUMENT.
STATUTORY REQUIREMENTS
Texas governmental entities are prohibited from doing business with companies that fail to certify to this
condition as required by Texas Government Code Sec. 2270.
By executing this agreement, you certify that you are authorized to bind the undersigned Vendor and that
your company (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement.
You certify that your company is not listed on and does not and will not do business with companies that are
on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations per Texas
TIPS Vendor Agreement PART 1 ONLY Ver. 021522_sr Page 9
Gov't Code 2270.0153 found at https://comptroller.texas.gov/purchasing/docs/foreign‐terrorist.pdf
You certify that if the certified statements above become untrue at any time during the life of this Agreement
that the Vendor will notify TIPS within three (3) business day of the change by a letter on Vendor’s letterhead
from and signed by an authorized representative of the Vendor stating the non‐compliance decision and the
TIPS Agreement number and description at:
Attention: General Counsel
ESC Region 8/The Interlocal Purchasing System (TIPS)
4845 Highway 271 North
Pittsburg, TX,75686
And by an email sent to bids@tips‐usa.com
Insurance Requirements
The undersigned Vendor agrees to maintain the below minimum insurance requirements for TIPS Contract
Holders:
General Liability $1,000,000 each Occurrence/ Aggregate
Automobile Liability $300,000 Includes owned, hired & non‐owned
Workers' Compensation Statutory limits for the jurisdiction in which
the Vendor performs under this Agreement.
Umbrella Liability $1,000,000
When the Vendor or its subcontractors are liable for any damages or claims, the Vendor’s policy, when the
Vendor is responsible for the claim, must be primary over any other valid and collectible insurance carried
by the Member. Any immunity available to TIPS or TIPS Members shall not be used as a defense by the
contractor's insurance policy. The coverages and limits are to be considered minimum requirements and in
no way limit the liability of the Vendor(s). Insurance shall be written by a carrier with an A‐; VII or better
rating in accordance with current A.M. Best Key Rating Guide. Only deductibles applicable to property
damage are acceptable, unless proof of retention funds to cover said deductibles is provided. "Claims made"
policies will not be accepted. Vendor’s required minimum coverage shall not be suspended, voided,
cancelled, non‐renewed or reduced in coverage or in limits unless replaced by a policy that provides the
minimum required coverage except after thirty (30) days prior written notice by certified mail, return receipt
requested has been given to TIPS or the TIPS Member if a project or pending delivery of an order is ongoing.
Upon request, certified copies of all insurance policies shall be furnished to the TIPS or the TIPS Member.
Special Terms and Conditions
• Orders: All Vendor orders received from TIPS Members must be emailed to TIPS at tipspo@tips‐
usa.com. Should a TIPS Member send an order directly to the Vendor, it is the Vendor’s responsibility
to forward a copy of the order to TIPS at the email above within 3 business days and confirm its
receipt with TIPS.
• Vendor Encouraging Members to bypass TIPS agreement: Encouraging TIPS Members to purchase
directly from the Vendor or through another agreement, when the Member has requested using the
TIPS cooperative Agreement or price, and thereby bypassing the TIPS Agreement is a violation of the
terms and conditions of this Agreement and will result in removal of the Vendor from the TIPS
TIPS Vendor Agreement PART 1 ONLY Ver. 021522_sr Page 10
Program.
• Order Confirmation: All TIPS Member Agreement orders are approved daily by TIPS and sent to the
Vendor. The Vendor should confirm receipt of orders to the TIPS Member (customer) within 3
business days.
• Vendor custom website for TIPS: If Vendor is hosting a custom TIPS website, updated pricing when
effective. TIPS shall be notified when prices change in accordance with the award.
• Back Ordered Products: If product is not expected to ship within the time provided to the TIPS
Member by the Vendor, the Member is to be notified within 3 business days and appropriate action
taken based on customer request.
The TIPS Vendor Agreement Signature Page is inserted here.
TIPS Vendor Agreement PART 1 ONLY Ver. 021522_sr Page 11
TIPS Vendor Agreement Signature Form
RFP 220901 Scoreboards and Services (2 PART with JOC)
PART 1 ONLY
Company Name Digital Scoreboards, LLC.
Address 333 S. Timiami Trail Suite 203
City Venice State FL Zip 34285
Phone 888-738-4320 Fax
Email of Authorized Representative chris@digitalscoreboards.net
Name of Authorized Representative Chris Kirn
Title Chief Operating Officer
Signature of Authorized Representative
Date 10-17-22
TIPS Authorized Representative Name David Fitts
Title Executive Director
TIPS Authorized Representative Signature
Approved by ESC Region 8
Date 11/18/2022
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.
220901
Digital Scoreboards
Supplier Response
Event Information
Number: 220901
Title: Scoreboards and Services (2 Part with JOC)
Type: Request for Proposal
Issue Date: 9/1/2022
Deadline: 10/21/2022 03:00 PM (CT)
Notes: This is a 2 PART solicitation. PART 1 is for projects that are not
considered construction or a public work. It includes, but is not limited
to, parts, supplies, maintenance services and repairs. PART 2 Job
Order Contract (JOC) is for projects considered construction or public
work projects. The determination of whether or not a project requires
a PART 2 JOC is the responsibility of the TIPS member entity.
Vendors are encouraged to respond to BOTH PARTS 1 and 2 to meet
the needs of our members, but responses to both parts is not required.
IF YOU CURRENTLY HOLD TIPS CONTRACT 19090201 or
19090202 SCOREBOARDS AND SERVICES ("190902 PART 1
OR 2"), YOU MUST RESPOND TO THIS SOLICITATION TO
PREVENT LAPSE OF CONTRACT UNLESS YOU HOLD
ANOTHER CURRENT TIPS CONTRACT THAT COVERS ALL OF
YOUR SCOREBOARD OFFERINGS. THIS AWARDED
CONTRACT WILL REPLACE YOUR EXPIRING TIPS CONTRACT
190902 PART 1 OR 2.
Page 1 of 34 pages Vendor: Digital Scoreboards 220901
IF YOU HOLD ANOTHER TIPS CONTRACT OTHER
THAN 190902 PART 1 OR 2 WHICH COVERS ALL OF YOUR
SCOREBOARD OFFERINGS AND YOU ARE SATISFIED WITH IT,
THERE IS NO NEED TO RESPOND TO THIS CONTRACT
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 34 pages Vendor: Digital Scoreboards 220901
Digital Scoreboards Information
Contact: Chris Kirn
Address: 333 S. Tamiami Trail #283
Venice, FL 34285
Phone: (888) 738-4230 x2
Email: chris@digitalscoreboards.net
Web Address: www.digitalscoreboards.net
By submitting your response, you certify that you are authorized to represent and bind your company.
Chris Kirn chris@digitalscoreboards.net
Signature Email
Submitted at 10/21/2022 08:48:14 AM (CT)
Supplier Note
Digital Scoreboards is pleased to submit our bid for this Scoreboards Category with TIPS. We appreciate the
opportunity and consideration to continue our vendor partnership with your organization. Thanks, Chris Kirn CO
Requested Attachments
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.
Agreement Signature Form PART 1 ONLY DS - 220901 Agreement Signature Form PART 1 ONLY.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.
Vendor Agreement PART 2 ONLY DS - 220901 Vendor Agreement JOC_PART 2 ONLY.pdf
If proposing on Part 2, 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.
Pricing Form 1 PART 1 ONLY DS - 220901 Pricing Form 1 PART 1 ONLY.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.
Agreement Signature Form PART 2 ONLY DS - 220901 Agreement Signature Form PART 2 ONLY.pdf
If proposing on Part 2, 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.
Page 3 of 34 pages Vendor: Digital Scoreboards 220901
Pricing Form 2 PART 1 ONLY DS - 220901 Pricing Form 2 PART 1 ONLY.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.
Vendor Agreement PART 1 ONLY DS - 220901 Vendor Agreement - PART 1 ONLY.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.
OPTIONAL - PART 2 - JOC Pricing of Itemized List of RS Means Non-Prepriced Items No response
The Vendor may download the optional Pricing of Itemized List of RS Means Non-Prepriced Items form from the
attachment tab, fill in the requested information, and upload the completed spreadsheet. DO NOT UPLOAD encrypted
or password protected files.
Reference Form (PARTS 1 & 2) DS - 220901 Reference_Form.xls
Valid Reference Email addresses are REQUIRED on the spreadsheet. LEAVE THE FORM IN EXCEL FORMAT. VERIFY
EACH EMAIL ADDRESS AND ENSURE THE REFERENCE KNOWS THEY WILL BE RECEIVING AN EMAIL FROM TIPS.
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 DS Catalog Pricing.xlsx
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.
Warranty Outdoor LED Screen Warranty Manufacturer 11-Year Limited Warranty.pdf
Warranty information (if applicable) must be scanned and uploaded. (PDF Format ONLY)
DO NOT UPLOAD encrypted or password protected files.
Supplementary DS-Catalog-2022-web.pdf
Supplementary information can 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 DS-Logo-Vert-Dark-CMYK.pdf
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.
Certificate of Corporate Offerer - COMPLETE DS - CERTIFICATION OF CORPORATE OFFERER FORM.pdf
ONLY IF OFFERER IS A CORPORATION
COMPLETE AND UPLOAD FORM IN ATTACHMENTS SECTION ONLY IF OFFERER IS A CORPORATION
Lobbying Report Standard Form-LLL, “disclosure Form to Report Lobbying,” No response
If you answered "I HAVE Lobbied per above" to attribute #66, please download and complete and upload the Standard
Form-LLL, “disclosure Form to Report Lobbying,” in the Response attachments section.
Page 4 of 34 pages Vendor: Digital Scoreboards 220901
Confidentiality Form DS - 220901 CONFIDENTIALITY CLAIM FORM.pdf
REQUIRED CONFIDENTIALITY FORM. PLEASE READ CAREFULLY AND FOLLOW THE INSTRUCTIONS. 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.
Bonding Capacity Letter from Surety/Insurance Company Bonding Capacity Letter.PDF
REQUIRED IF YOU ARE PROPOSING ON PART 2 -Attach the Bonding Capacity Letter from Surety/Insurance
Company. LETTER MUST BE DATED PER INSTRUCTIONS IN THE RFP. if you do not have one available at the time of
proposal, attached a letter stating it will be submitted when received to prove bonding capacity. No award can be
made on PART 2 JOC until official bonding capacity letter is received by TIPS.
Current W-9 Tax Form DS W-9.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.
Bid Attributes
1 Yes - No
Disadvantaged/Minority/Women Business Enterprise - D/M/WBE/Federal HUBZone (Required by some participating
governmental entities). Vendor certifies that their firm is a D/M/WBE or HUBZone? Vendor must upload proof of
certification to the ”Response Attachments” D/M/WBE CERTIFICATES section.
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/.
Proof may be submitted. Vendor must upload proof of certification to the “Response Attachments” 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.)
Digital Scoreboards provides schools and athletic venues with a large variety of indoor and outdoor LED video
scoreboards, traditional scoreboards, LED signage and audio systems. With incredible pricing, flexible financing
and the best warranties in the industry, Digital Scoreboards is poised to help any school with a turnkey solution to
meet their needs.
6 Primary Contact Name
Primary Contact Name
Blake Bearden
Page 5 of 34 pages Vendor: Digital Scoreboards 220901
7 Primary Contact Title
Primary Contact Title
Vice President of Sales
8 Primary Contact Email
Primary Contact Email
blake@digitalscoreboards.net
9 Primary Contact Phone
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
6787735320
1 Primary Contact Fax
0
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
No response
1 Primary Contact Mobile
1
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
6787735320
1 Secondary Contact Name
2 Secondary Contact Name
Chris Kirn
1 Secondary Contact Title
3 Secondary Contact Title
Chief Operating Officer
1 Secondary Contact Email
4 Secondary Contact Email
chris@digitalscoreboards.net
1 Secondary Contact Phone
5
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
4177193777
Page 6 of 34 pages Vendor: Digital Scoreboards 220901
1 Secondary Contact Fax
6
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
No response
1 Secondary Contact Mobile
7
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
4177193777
1 Admin Fee Contact Name
8 Admin Fee Contact Name. This person is responsible for paying the admin fee to TIPS.
Linda Johnson
1 Admin Fee Contact Email
9 Admin Fee Contact Email
linda@digitalscoreboards.net
2 Admin Fee Contact Phone
0
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
8887384230
2 Purchase Order Contact Name
1 Purchase Order Contact Name. This person is responsible for receiving Purchase Orders from TIPS.
Blake Bearden
2 Purchase Order Contact Email
2 Purchase Order Contact Email
blake@digitalscoreboards.net
2 Purchase Order Contact Phone
3
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
6787735320
2 Company Website
4 Company Website (Format - www.company.com)
www.digitalscoreboards.net
Page 7 of 34 pages Vendor: Digital Scoreboards 220901
2 Entity D/B/A's and Assumed Names
5
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 responded to this solicitation unless you organize otherwise with TIPS after award.
No response
2 Primary Address
6 Primary Address
333 S. Tamiami Trail Suite 203
2 Primary Address City
7 Primary Address City
Venice
2 Primary Address State
8 Primary Address State (2 Digit Abbreviation)
FL
2 Primary Address Zip
9 Primary Address Zip
34285
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.)
Scoreboards, LED Screens, LED Video Displays, Jumbotrons, Marquees, Electronic Displays, Video Scoreboards,
Audio Systems, Speaker Systems, LED Scoreboards
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 or other funding 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, etc. Your answers will determine if your award will be designated as eligible for TIPS Members to
utilize federal funds with your company.
Do you want TIPS Members to be able to spend Federal funds, at the Member's discretion, with you?
Yes
Page 8 of 34 pages Vendor: Digital Scoreboards 220901
3 Yes - No
2 Certification of Residency - 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. Does not affect scoring with TIPS.
No
3 Company Residence (City)
3 Vendor's principal place of business is in the city of?
Venice
3 Company Residence (State)
4 Vendor's principal place of business is in the state of?
FL
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.
If awarded on PART 1, 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. Please note that any specific
greater discount offered for a particular product, brand, or service listed in Vendor's proposal will control and
Vendor will be required to honor that greater specific discount, in excess of the minimum discount, for that particular
product, brand, or service for the life of the contract.
Must answer with a number between 0% and 100%.
10%
Page 9 of 34 pages Vendor: Digital Scoreboards 220901
3 MINIMUM Discount Term
6
If awarded on PART 1, does the vendor agree to at least offer, for the life of the Agreement, the Minimum Discount
Percentage off list or catalog proposed by Vendor in response to the Attribute entitled "Discount Offered - CAUTION
READ CAREFULLY BECAUSE VENDORS FREQUENTLY MAKE MISTAKES ON THIS ATTRIBUTE QUESTION"?
TIPS will utilize this response to satisfy the Long Term Cost scoring evaluation criteria on PART 1. A "YES" answer
will be awarded the maximum 10 points for this criterion out of the 100 total points and a "NO" answer is awarded 0
points.
YES
3 Yes - No
7
If awarded on Part 1 of the TIPS Contract, for the duration of the Contract, Vendor agrees to provide, upon request,
their then current catalog pricing, as defined in the solicitation and below, to TIPS upon request for any goods and
services offered on PART 1 of the Vendor's TIPS Contract, if any.
"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
8 By submitting a proposal, I agree that all pricing submitted to TIPS shall include the participation fee, as designated
in the solicitation or as otherwise agreed in writing and shall be remitted to TIPS by the Vendor or the vendor's
named resellers and as agreed 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.
Page 10 of 34 pages Vendor: Digital Scoreboards 220901
3 REQUIRED FOR PART 2 JOC - PRICING OF Regular Hours Coefficient
9
What is your regular hours coefficient for the RS Means Price Book? (FAILURE TO RESPOND PROHIBITS
PART 2 JOC EVALUATION)
Remember that this is a ceiling price proposed. You can discount lower than your proposed contract coefficient, but
not higher.
This is one of three pricing questions that are required for consideration for award on this solicitation. Please
consider your answer carefully. An explanation of the TIPS scoring of pricing is included in the attachments for your
information.
The below is an Example of how pricing model works (not intended to influence your proposed coefficient, you
should propose a coefficient that you determine is right for your business):
To propose the exact pricing as the RS Means Unit Price Book, you would insert a 1.0 and to propose a 5%
discount for the RS Means Price Book would be a .95 regular hours coefficient and so on.
0.9
4 REQUIRED FOR PART 2 JOC - PRICING OF After Hours Coefficient
0 What is your after hours coefficient for the RS Means Price Book for work performed after normal working hours? (FAILURE TO
RESPOND PROHIBITS PART 2 JOC EVALUATION)
Remember that this is a ceiling price proposed. You can discount to any TIPS Member customer a lower coefficient
than your proposed contract coefficient, but not higher.
This is one of three pricing questions that are required for consideration for award on this solicitation. Please
consider your answer carefully. An explanation of the TIPS scoring of pricing titled "Pricing Coefficient Instruction" is
included in the attachments for your information.
The below is an EXAMPLE of how the pricing model works (It is not intended to influence your proposed coefficient,
you should propose a coefficient that you determine is reasonable for your business for the life of the contract):
The most common after hours coefficient is time and a half of the RS Means Unit Price Book prices. To illustrate this
coefficient, if your regular hours coefficient is .95, your after hours coefficient would be 1.45.
1.4
Page 11 of 34 pages Vendor: Digital Scoreboards 220901
4 REQUIRED FOR 2 PART JOC - PRICING for Markup of Non-Prepriced Items in RS Means Unit Price
1 Book
YOU MUST ENTER A PERCENTAGE NOT A COEFFICIENT.
What is your proposed Markup Percentage on materials not found in the RS Means Price
Book? (FAILURE TO RESPOND PROHIBITS PART 2 JOC EVALUATION)
If any materials being utilized for a project cannot be found in the RS Means Price Book, this question is what is the
markup percentage on those materials?
When answering this question please insert the number that represents your percentage of proposed markup. YOU
MUST ENTER A PERCENTAGE NOT A COEFFICIENT.
Example: if you are proposing a 30 percent markup, please insert the number "30".
Remember that this is a ceiling markup. You may markup a lesser percentage to the TIPS Member customer
when pricing the project, but not a greater percentage.
EXAMPLE: You need special materials that are not in the RS Means Unit Price Book for a project. You would buy
the materials and mark them up to the TIPS Member customer by the percentage you propose in this question. If
the materials cost you, the contractor, $100 and you proposed a markup on this question for the material of 30
percent, then you would charge the TIPS Member customer $130 for the materials.
YOU MUST ENTER A PERCENTAGE NOT A COEFFICIENT
30%
4 TIPS Administration Fee
2 By submitting a proposal, Vendor agrees to remit to TIPS the required TIPS Administration Fee, as designated in
the solicitation or as otherwise agreed in writing. If Authorized Resellers are named, Vendor agrees to guarantee
remittance of the TIPS Administration fee by or for the Authorized Reseller. TIPS/ESC Region 8 is required by
Texas Government Code Section 791 to be compensated for its work. Thus, submission of this proposal requires
agreement to this term.
4 TIPS Administration Fee Paid by Vendor - Not Charged to Customer
3
Vendor understands and agrees that it owes TIPS a TIPS Administration Fee (published in the RFP/RCSP
document) on every TIPS sale made under an awarded TIPS Contract. Vendor further understands and agrees
that Vendor shall submit pricing with this proposal which includes and accounts for the TIPS Administration Fee and
shall never separately charge the TIPS Member Customer the TIPS fee or add the TIPS Administration Fee line
item to an invoice or similar purchase document. Submission of this proposal is Vendor’s certification that Vendor
agrees to this mandatory term.
4 Yes - No
4 Do you offer additional discounts to TIPS members for large order quantities or large scope of work?
No
4 Years in Business as Proposing Company
5 Years in business as proposing company?
9
Page 12 of 34 pages Vendor: Digital Scoreboards 220901
4 Resellers:
6 If awarded on PART 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, as 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.
(Resellers are only permitted under a PART 1 award. If applicable, Vendor should add all Authorized Resellers
within the TIPS Vendor Portal upon award).
Yes
4 Right of Refusal
7 The proposing vendor has the right not to sell under the awarded agreement with a TIPS member at vendor's
discretion unless required by law.
4 NON-COLLUSIVE BIDDING CERTIFICATE
8 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.
4 CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ -Do you have any CONFLICT OF INTEREST
9 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
Page 13 of 34 pages Vendor: Digital Scoreboards 220901
5 Filing of Form CIQ
0 If yes (above), have you filed a form CIQ by uploading the form to this RFP as directed above?
No
5 Regulatory Standing
1 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
5 Regulatory Standing
2 Regulatory Standing explanation of no answer on previous question.
No response
5 Antitrust Certification Statements (Tex. Government Code § 2155.005)
3 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 14 of 34 pages Vendor: Digital Scoreboards 220901
5 Suspension or Debarment Instructions
4 Instructions for Certification:
1. By answering yes to the next Attribute question below, the vendor and prospective lower tier participant is
providing the certification set out herein in accordance with these instructions.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered
an erroneous certification in addition to other remedies available to the federal government, the department or
agency with which this transaction originated may pursue available remedies, including suspension and / or
debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal
is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
4. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,”
“participants,” “person,” “primary covered transaction,” “principal,” “proposal” and “voluntarily excluded,” as used in
this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive
Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of
those regulations.
5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled
“Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction” without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency
by which it determines the eligibility of its principals. Each participant may, but is not required to, check the
Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business
dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible or voluntarily excluded from participation in this transaction, in addition to other remedies available to the
federal government, the department or agency with which this transaction originated may pursue available
remedies, including suspension and / or debarment.
5 Suspension or Debarment Certification
5 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
Page 15 of 34 pages Vendor: Digital Scoreboards 220901
5 Non-Discrimination Statement and Certification
6 In accordance with Federal civil rights law, all U.S. Departments, including the U.S. Department of Agriculture
(USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions
participating in or administering USDA programs are prohibited from discriminating based on race, color, national
origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status,
family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for
prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all
programs). Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille,
large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET
Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.
Additionally, program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027,
found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed
to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint
form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of
Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C.
20250-9410; (2) fax: (202) 690-7442; or (3)
email: program.intake@usda.gov.
(Title VI of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age
Discrimination Act of 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS
Instruction 113-1, Civil Rights Compliance and Enforcement – Nutrition Programs and Activities)
All U.S. Departments, including the USDA are equal opportunity provider, employer, and lender.
Not a negotiable term. Failure to agree 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, I certify (Yes)
5 2 CFR PART 200 Contract Provisions Explanation
7 Required Federal contract provisions of Federal Regulations for Contracts for contracts with ESC Region 8 and
TIPS Members:
The following provisions are required to be in place and agreed if the procurement is funded in any part with federal
funds.
The ESC Region 8 and TIPS Members are the subgrantee or Subrecipient by definition. Most of the provisions are
located in 2 CFR PART 200 - Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under
Federal Awards at 2 CFR PART 200. Others are included within 2 CFR part 200 et al.
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-
Federal entity under the Federal award must contain provisions covering the following, as applicable.
Page 16 of 34 pages Vendor: Digital Scoreboards 220901
5 2 CFR PART 200 Contracts
8 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
9 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
6 2 CFR PART 200 Clean Air Act
0
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as
amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the
non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental
Protection Agency (EPA).
Pursuant to the Clean Air Act, et al above, when federal funds are expended by ESC Region 8 and TIPS Members,
ESC Region 8 and TIPS Members 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
Page 17 of 34 pages Vendor: Digital Scoreboards 220901
6 2 CFR PART 200 Byrd Anti-Lobbying Amendment
1 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000
must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.
Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and
TIPS Members requires the proposer certify that during the term and during the life of any contract with ESC Region
8 and TIPS Members resulting from this procurement process the vendor certifies to the terms included or
referenced herein.
Does vendor agree?
Yes
6 2 CFR PART 200 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
$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
6 2 CFR PART 200 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 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
Page 18 of 34 pages Vendor: Digital Scoreboards 220901
6 2 CFR PART 200 Rights to Inventions
4
If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research work under that
“funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
Pursuant to the above, when the foregoing applies to ESC Region 8 and TIPS Members, Vendor certifies that
during the term of an award resulting from this procurement process, Vendor agrees to comply with all applicable
requirements as referenced in the Federal rule above.
Does vendor agree?
Yes
6 2 CFR PART 200 Domestic Preferences for Procurements
5
As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent
practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products,
or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products). The requirements of this section must be included in all subawards including all contracts
and purchase orders for work or products under this award. For purposes of 2 CFR Part 200.322, “Produced in the
United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stag
through the application of coatings, occurred in the United States. Moreover, for purposes of 2 CFR Part 200.322,
“Manufactured products” means items and construction materials composed in whole or in part of non-ferrous
metals such as aluminum, plastics and polymer-based products such as polyvinyl chloride pipe, aggregates such as
concrete, 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 agree?
Yes
Page 19 of 34 pages Vendor: Digital Scoreboards 220901
6 2 CFR PART 200 Ban on Foreign Telecommunications
6
Federal grant funds may not be used to purchase equipment, services, or systems that use “covered
telecommunications” equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system. “Covered telecommunications” means purchases from Huawei Technologies
Company or ZTE Corporation (or any subsidiary or affiliate of such entities), and video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital
Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies
that Vendor will not purchase equipment, services, or systems that use “covered telecommunications”, as defined
by 2 CFR §200.216 equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system.
Does vendor agree?
Yes
6 2 CFR PART 200 Equal Employment Opportunity
7
Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted
construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-
1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR
Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246
Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
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 herein.
Does vendor agree?
Yes
Page 20 of 34 pages Vendor: Digital Scoreboards 220901
6 2 CFR PART 200 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708)
8
[Applicable ONLY to contracts in excess of $100,000 involving mechanics or laborers.] Contract Work Hours and
Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in
excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance
with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40
U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on
the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided
that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation or transmission of
intelligence.
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members on qualifying
contracts, Vendor certifies that Vendor will be in compliance with all applicable provisions of the Contract Work
Hours and Safety Standards Act during the term of an award for all contracts by the District resulting from this
procurement process.
Does vendor agree?
Yes
6 2 CFR PART 200 Contract Cost & Price
9
For contracts more than the simplified acquisition threshold currently set at $250,000, a TIPS Member may, in very
rare circumstances, be required to negotiate profit as a separate element of the price pursuant to 2 C.F.R.
200.324(b). Under those circumstances, Vendor agrees to provide information and negotiate with the TIPS Member
regarding profit as a separate element of the price. However, Vendor certifies that the total price charged by the
Vendor shall not exceed the Vendor’s TIPS pricing and pricing terms proposed.
Does Vendor Agree?
Yes
Page 21 of 34 pages Vendor: Digital Scoreboards 220901
7 FEMA Fund Certifications
0
Submission of this proposal is Vendor’s certification that Vendor agrees to this term. Vendor certifies that 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 for the purposes of making audits,
examinations, excerpts, and transcriptions. The Vendor agrees to provide the FEMA Administrator or an authorized
representatives access to construction or other work sites pertaining to the work being completed under the
contract. Vendor acknowledges and agrees that no language in this contract or the contract with the TIPS Member
is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United
States.
(2) The Vendor shall not use the Department of Homeland Security’s seal(s), logos, crests, or reproductions of flags
or likenesses of DHS agency officials without specific FEMA pre-approval.
(3) The Vendor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures,
and directives.
(4) The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the
non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
(5) The Vendor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements)
applies to the Vendor’s actions pertaining to this contract.
7 Certification of Compliance with the Energy Policy and Conservation Act
1
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 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 agree?
Yes
Page 22 of 34 pages Vendor: Digital Scoreboards 220901
7 Certification Regarding Lobbying
2 Applicable to Grants, Subgrants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds
Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by
section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Any person who fails to file the required certification shall
be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal
contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, “disclosure Form to Report Lobbying,”
in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all
covered subawards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall
certify and disclose accordingly.
I HAVE NOT Lobbied per above
7 Lobbying Report Standard Form-LLL, “disclosure Form to Report Lobbying,”
3 ONLY IF you answered "I HAVE Lobbied per above" to attribute above titled "Certification Regarding Lobbying",
please download and complete and upload the Standard Form-LLL, “disclosure Form to Report Lobbying,” in the
Response attachments section.
7 Subcontracting with small and minority businesses, women's business enterprises, and labor surplus
4 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.
YES
Page 23 of 34 pages Vendor: Digital Scoreboards 220901
7 ONLY IF YES TO THE PREVIOUS QUESTION OR if you ever do subcontract any part of your
5 performance under the TIPS Agreement, do you agree to comply with the following federal
requirements?
ONLY IF YES TO THE ABOVE QUESTIONS OR if you ever do subcontract any part of your performance under the
TIPS Agreement,
do you agree to comply with the following federal requirements?
Federal Regulation 2 CFR §200.321 Contracting with small and minority businesses, women's business enterprises,
and labor surplus area firms. (a)The non-Federal entity must take all necessary affirmative steps to assure that
minority businesses, women's business enterprises, and labor surplus area firms are used when possible.
(b) Affirmative steps must include:(1) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are
potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum
participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and
minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration
and the Minority Business Development Agency of the Department of Commerce ; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs(1)
through (5) of this section.
YES
7 If proposing on PART 2, Davis-Bacon Act compliance.
6
IF proposing on PART 2, Texas Statute requires compliance with Davis-Bacon Act, as amended (40 U.S.C. 3141-
3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded
by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144,
and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part S, "Labor Standards
Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with
the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. The non-Federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a
contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal
entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also
include a provision for compliance with the Copeland "Anti-Kickback" Act {40 U.S.C. 314S), as supplemented by
Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public
Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each
contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the compensation to which he or she is
otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding
agency.
BY SUBMITTING A PROPOSAL FOR PART 2 OF THIS SOLICITATION, the Vendor agrees, AS REQUIRED BY LAW,
to comply with the Davis Bacon Act, IF APPLICABLE and if proposing on PART 2 of this solicitation.
Page 24 of 34 pages Vendor: Digital Scoreboards 220901
7 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."
Do you agree to these terms?
Yes, I Agree (Yes)
7 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 prerequisite to
the filing of any lawsuit over such issue(s). The parties shall share the mediator’s fee and any associated filing
fee equally. Mediation shall be held in Camp or Titus County, Texas. Agreements reached in mediation shall be
reduced to writing, and will be subject to the approval by the District's Board of Directors, signed by the Parties if
approved by the Board of Directors, and, if signed, shall thereafter be enforceable as provided by the laws of the
State of Texas.
Do you agree to these terms?
Yes, I Agree
7 Remedies Explanation of No Answer
9
No response
8 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
Page 25 of 34 pages Vendor: Digital Scoreboards 220901
8 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
8 Alternative Dispute Resolution Explanation of No Answer
2
No response
8 Infringement(s)
3 The successful vendor will be expected to indemnify and hold harmless the TIPS and its employees, officers,
agents, representatives, contractors, assignees and designees from any and all third party claims and judgments
involving infringement of patent, copyright, trade secrets, trade or service marks, and any other intellectual or
intangible property rights attributed to or claims based on the Vendor's proposal or Vendor’s performance of
contracts awarded and approved.
Do you agree to these terms?
Yes, I Agree
8 Infringement(s) Explanation of No Answer
4
No response
8 Acts or Omissions
5 The successful vendor will be expected to indemnify and hold harmless the TIPS, its officers, employees, agents,
representatives, contractors, assignees and designees from and against any and all liability, actions, claims,
demands or suits, and all related costs, attorney's fees and expenses arising out of, or resulting from any acts or
omissions of the vendor or its agents, employees, subcontractors, or suppliers in the execution or performance of
any agreements
ultimately made by TIPS and the vendor.
Do you agree to these terms?
Yes, I Agree
8 Acts or Omissions Explanation of No Answer
6
No response
8 Contract Governance
7 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, I Agree (Yes)
Page 26 of 34 pages Vendor: Digital Scoreboards 220901
8 Payment Terms and Funding Out Clause
8 Payment Terms:
TIPS or TIPS members shall not be liable for interest or late payment fees on past due balances at a rate higher
than permitted by the laws or regulations of the jurisdiction of the TIPS Member.
Funding Out Clause:
Vendor agrees to abide by the laws and regulations, including Texas Local Government Code § 271.903, or any
statutory or regulatory limitations of the jurisdiction of any TIPS Member which governs contracts entered into by the
Vendor and TIPS or a TIPS Member that requires all contracts approved by TIPS or a TIPS Member are subject to
the budgeting and appropriation of currently available funds by the entity or its governing body.
See statute(s) for specifics or consult your legal counsel.
Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered.
Do you agree to these terms?
Yes, I Agree (Yes)
8 Insurance and Fingerprint Requirements Information
9 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 & 22.08341. Statutory language may be found at: http://www.statutes.legis.state.tx.us/
If the vendor has staff that meet both of these criterion:
(1) will have continuing duties related to the contracted services; and
(2) has or will have direct contact with students
Then you have ”covered” employees for purposes of completing the attached form.
TIPS recommends all vendors consult their legal counsel for guidance in compliance with this law. If you have
questions on how to comply, see below. If you have questions on compliance with this code section, contact the
Texas Department of Public Safety Non-Criminal Justice Unit, Access and Dissemination Bureau, FAST-FACT at
NCJU@txdps.state.tx.us and you should send an email identifying you as a contractor to a Texas Independent
School District or ESC Region 8 and TIPS. Texas DPS phone number is (512) 424-2474.
See form in the next attribute to complete entitled:
Texas Education Code Chapter 22 Contractor Certification for Contractor Employees
Page 27 of 34 pages Vendor: Digital Scoreboards 220901
9 Texas Education Code Chapter 22 Contractor Certification for Contractor Employees
0 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 28 of 34 pages Vendor: Digital Scoreboards 220901
9 Texas Business and Commerce Code § 272 Requirements as of 9-1-2017
1 SB 807 prohibits construction contracts to have provisions requiring the contract to be subject to the laws of
another state, to be required to litigate the contract in another state, or to require arbitration in another state. A
contract with such provisions is voidable. Under this new statute, a “construction contract” includes contracts,
subcontracts, or agreements with (among others) architects, engineers, contractors, construction managers,
equipment lessors, or materials suppliers. “Construction contracts” are for the design, construction, alteration,
renovation, remodeling, or repair of any building or improvement to real property, or for furnishing materials or
equipment for the project. The term also includes moving, demolition, or excavation. BY RESPONDING TO THIS
SOLICITATION, AND WHEN APPLICABLE, THE PROPOSER AGREES TO COMPLY WITH THE TEXAS BUSINESS
AND COMMERCE CODE § 272 WHEN EXECUTING CONTRACTS WITH TIPS MEMBERS THAT ARE TEXAS
GOVERNMENT ENTITIES.
9 Texas Government Code 2270 & 2270 Verification Form
2 Texas Government Code 2270 & 2271 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 2271 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 prohibited by Texas
Government Code 2270 or 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
9 Logos and other company marks
3 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
Company Marks" section under the “Response Attachment” tab. Preferred Logo Format: 300 x 225 px - .png, .eps,
.jpeg preferred
Potential uses of company logo:
* Your Vendor Profile Page of TIPS website
* Potentially on TIPS website scroll bar for Top Performing Vendors
* TIPS Quarterly eNewsletter sent to TIPS Members
* Co-branding Flyers and or email blasts to our TIPS Members (Permission and approval will be obtained before
publishing)
Page 29 of 34 pages Vendor: Digital Scoreboards 220901
9 Solicitation Deviation/Compliance
4 Does the vendor agree with the General Conditions Standard Terms and
Conditions or Item Specifications listed in this proposal invitation?
Yes
9 Solicitation Exceptions/Deviations Explanation
5 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
9 Agreement Deviation/Compliance
6 Does the vendor agree with the language in the Vendor Agreement?
Yes
9 Agreement Exceptions/Deviations Explanation
7 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
9 Felony Conviction Notice
8
Texas Education Code, Section 44.034, Notification of Criminal History, Subsection (a), states “a person or business
entity that enters into a contract with a school district must give advance notice to the district if the person or an
owner or operator of the business entity has been convicted of a felony. The notice must include a general
description of the conduct resulting in the conviction of a felony.” Subsection (b) states “a school district may
terminate a contract with a person or business entity if the district determines that the person or business entity
failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The
district must compensate the person or business entity for services performed before the termination of the
contract.” (c) This section does not apply to a publicly held corporation. The person completing this proposal
certifies that they are authorized to provide the answer to this question.
Select A., B. or C.
A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable.
OR B.My firm is not owned nor operated by anyone who has been convicted of a felony, OR
C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony. (if you
answer C below, you are required to provide information in the next attribute.
B. Firm not owned nor operated by felon; per above
Page 30 of 34 pages Vendor: Digital Scoreboards 220901
9 If you answered C. My Firm is owned or operated by a felon to the previous question, you are
9 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
1 Required Confidentiality Claim Form
0
0 Required Confidentiality Claim Form
This completed form is required by TIPS. By submitting a response to this solicitation you agree to download from
the “Attachments” section, complete according to the instructions on the form, then upload the completed form, with
any confidential attachments, if applicable, to the “Response Attachments” section titled “Confidentiality Form” in
order to provide to TIPS the completed form titled, “CONFIDENTIALITY CLAIM FORM”. THIS REQUIRED PROCESS
IS THE ONLY WAY TO DEEM PROPOSAL DOCUMENTATION CONFIDENTIAL ANY OTHER CONFIDENTIAL
DESIGNATION WILL BE DISREGARDED UNLESS THE DOCUMENT IS IDENTIFIED BY AND ATTACHED TO THE
REQUIRED FORM. By completing this process, you provide us with the information we require to comply with the
open record laws of the State of Texas as they may apply to your proposal submission. If you do not provide the
form with your proposal, an award will not be made if your proposal is qualified for an award, until TIPS has an
accurate, completed form from you.
Read the form carefully before completing and if you have any questions, email bids@tips-usa.com.
1 Member Access to Vendor Proposal
0
1 Notwithstanding any other information provided in this solicitation or Vendor designation of certain documentation
as confidential or proprietary, Vendor’s acceptance of this TIPS Contract constitutes Vendor’s consent to the
disclosure of Vendor’s comprehensive proposal, including any information deemed confidential or proprietary, to
TIPS Members. The proposing Vendor agrees that TIPS shall not be responsible or liable for any use or
distribution of information or documentation by TIPS Members or any other party. By submitting this proposal,
Vendor certifies the foregoing.
1 Choice of Law clauses for TIPS Members
0 If the vendor is awarded a contract with TIPS under this solicitation, the vendor agrees to make any Choice of Law
2
clauses in any contract or agreement entered into between the awarded vendor and with a TIPS member entity to
read as follows: "Choice of law shall be the laws of the state where the customer resides" or words to that effect.
Agreed
1 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
3
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 31 of 34 pages Vendor: Digital Scoreboards 220901
1 Indemnity Limitation with TIPS Members
0 Texas and other states restrict by law or state Constitution the ability of a governmental entity to indemnify others.
4
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
1 Arbitration Clauses
0 Except for certain circumstances, TIPS forbids a mandatory arbitration clause in any contract or agreement entered
5
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?
Agreement is a required condition to award of a contract resulting from this Solicitation.
Agreed
1 Upload of Current W-9 Required
0
6 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.
1 CERTIFICATION REGARDING BOYCOTTING CERTAIN ENERGY COMPANIES (Texas law as of
0 September 1, 2021)
7
By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the
following required by Texas law as of September 1, 2021:
If (a) company is not a sole proprietorship; (b) company has ten (10) or more full-time employees; and (c) this
contract 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. Pursuant to Tex. Gov’t Code Ch. 2274 of SB 13
(87th session), the company hereby certifies and verifies that the company, or any wholly owned subsidiary,
majority-owned subsidiary, parent company, or affiliate of these entities or business associations, if any, does not
boycott energy companies and will not boycott energy companies during the term of the contract. For purposes of
this contract, the term “company” shall mean an organization, association, corporation, partnership, joint venture,
limited partnership, limited liability partnership, or limited liability company, that exists to make a profit. The term
“boycott energy company” shall mean “without an ordinary business purpose, refusing to deal with, terminating
business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or limit
commercial relations with a company because the company (a) engages in the exploration, production, utilization,
transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet
environmental standards beyond applicable federal and state law, or (b) does business with a company described
by paragraph (a).” See Tex. Gov’t Code § 809.001(1).
Page 32 of 34 pages Vendor: Digital Scoreboards 220901
1 CERTIFICATION PROHIBITING DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES
0 (Texas law as of September 1, 2021)
8
By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the
following required by Texas law as of September 1, 2021:
If (a) company is not a sole proprietorship; (b) company has at least ten (10) full-time employees; (c) this contract
has a value of at least $100,000 that is paid wholly or partly from public funds; (d) the contract is not excepted
under Tex. Gov’t Code § 2274.003 of SB 19 (87th leg.); and (e) governmental entity has determined that company
is not a sole-source provider or governmental 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.
Pursuant to Tex. Gov’t Code Ch. 2274 of SB 19 (87th session), the company hereby certifies and verifies that the
company, or association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or
limited liability company, including a wholly owned subsidiary, majority-owned subsidiary parent company, or affiliate
of these entities or associations, that exists to make a profit, does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of
this contract against a firearm entity or firearm trade association. For purposes of this contract, “discriminate
against a firearm entity or firearm trade association” shall mean, with respect to the entity or association, to: “(1)
refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a
firearm entity or firearm trade association; (2) refrain from continuing an existing business relationship with the
entity or association based solely on its status as a firearm entity or firearm trade association; or (3) terminate an
existing business relationship with the entity or association based solely on its status as a firearm entity or firearm
trade association. See Tex. Gov’t Code § 2274.001(3) of SB 19. “Discrimination against a firearm entity or firearm
trade association” does not include: “(1) the established policies of a merchant, retail seller, or platform that restrict
or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (2) a company’s refusal to
engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship,
or decision to terminate an existing business relationship to comply with federal, state, or local law, policy, or
regulations or a directive by a regulatory agency, or for any traditional business reason that is specific to the
customer or potential customer and not based solely on an entity’s or association’s status as a firearm entity or
firearm trade association.” See Tex. Gov’t Code § 2274.001(3) of SB 19.
Page 33 of 34 pages Vendor: Digital Scoreboards 220901
1 CERTIFICATION REGARDING CERTAIN FOREIGN-OWNED COMPANIES IN CONNECTION WITH
0 CRITICAL INFRASTRUCTURE (Texas law as of September 1, 2021)
9
By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the
following required by Texas law as of September 1, 2021:
If (a) company is not a sole proprietorship; (b) company has at least ten (10) full-time employees; (c) this contract
has a value of at least $100,000 that is paid wholly or partly from public funds; (d) the contract is not excepted
under Tex. Gov’t Code § 2274.003 of SB 19 (87th leg.); and (e) governmental entity has determined that company
is not a sole-source provider or governmental 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.
Pursuant to Tex. Gov’t Code Ch. 2274 of SB 19 (87th session), the company hereby certifies and verifies that the
company, or association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or
limited liability company, including a wholly owned subsidiary, majority-owned subsidiary parent company, or affiliate
of these entities or associations, that exists to make a profit, does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of
this contract against a firearm entity or firearm trade association. For purposes of this contract, “discriminate
against a firearm entity or firearm trade association” shall mean, with respect to the entity or association, to: “(1)
refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a
firearm entity or firearm trade association; (2) refrain from continuing an existing business relationship with the
entity or association based solely on its status as a firearm entity or firearm trade association; or (3) terminate an
existing business relationship with the entity or association based solely on its status as a firearm entity or firearm
trade association. See Tex. Gov’t Code § 2274.001(3) of SB 19. “Discrimination against a firearm entity or firearm
trade association” does not include: “(1) the established policies of a merchant, retail seller, or platform that restrict
or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (2) a company’s refusal to
engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship,
or decision to terminate an existing business relationship to comply with federal, state, or local law, policy, or
regulations or a directive by a regulatory agency, or for any traditional business reason that is specific to the
customer or potential customer and not based solely on an entity’s or association’s status as a firearm entity or
firearm trade association.” See Tex. Gov’t Code § 2274.001(3) of SB 19.
1 Acknowledgement
1
0 By submitting this proposal, Vendor 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 found to be necessary by the proposing vendor, vendor has sought
the advice of counsel in understanding all portions of the solicitation.
Page 34 of 34 pages Vendor: Digital Scoreboards 220901
TIPS 220901 Scoreboards and Services (2 Part with
References JOC)
Insert Company Name
Digital Scoreboards, LLC.
DO NOT HANDWRITE REFERENCES AND DO NOT CONVERT EXCEL SHEET TO ANY OTHER FORMAT.
ALL INFORMATION MUST BE TYPED AND
FORM MUST BE UPLOADED IN EXCEL
FORMAT.
Please provide FIVE (5) VERIFIED AND WILLING references, from five different entities,
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 FIVE (5) references.
VALID TYPED EMAIL IS
Entity Name Contact Person REQUIRED Phone
Saint Johns University Russ Klein rklein001@csbju.edu 320-266-7882
Whitehall-Coplay High School Bob Hartman hartmanb@whitehallcoplay.org 610-704-0185
Troy Buchanan HS Jason Smith smithj@troy.k12.mo.us 636-262-7709
Morgan State University Melvin Hines melvin.hines@morgan.edu 256-759-1391
Ensworth School Jason Robinson robinsonj@ensworth.com 615-495-2989
CERTIFICATION BY CORPORATE OFFERER
COMPLETE ONLY IF OFFERER IS A CORPORATION,
THE FOLLOWING CERTIFICATE SHOULD BE EXECUTED AND INCLUDED AS PART OF
PROPOSAL FORM/PROPOSAL FORM.
OFFERER: Digital Scoreboards, LLC.
(Name of Corporation)
Linda Johnson certify that I am the Secretary of the Corporation
I, (Name of Corporate Secretary)
named as OFFERER herein above; that
Chris Kirn
(Name of person who completed proposal document)
who signed the foregoing proposal on behalf of the corporation offerer is the authorized person that is
acting as
Chief Operating Officer
(Title/Position of person signing proposal/offer document within the corporation)
of the said Corporation; that said proposal/offer was duly signed for and in behalf of said corporation by
authority of its governing body, and is within the scope of its corporate powers.
CORPORATE SEAL if available
SIGNATURE
10-21-22
DATE
TIPS RFP #
220901
Required Confidential Information Status Form
Digital Scoreboards, LLC.
Name of company
Chris Kirn - Chief Operating Officer
Printed Name and Title of authorized company officer declaring below the confidential status of material
333 S. Timiami Trail Suite 203 Venice FL 34285 888-738-4320
Address City State ZIP Phone
ALL VENDORS MUST COMPLETE THE ABOVE SECTION
CONFIDENTIAL INFORMATION SUBMITTED IN RESPONSE TO COMPETITIVE PROCUREMENT REQUESTS OF EDUCATION
SERVICE CENTER REGION 8 AND TIPS (ESC8) IS GOVERNED BY TEXAS GOVERNMENT CODE, CHAPTER 552
If you consider any portion of your proposal to be confidential information and not subject to public disclosure pursuant to Chapter 552 Texas
Gov’t Code or other law(s), you must attach a copy of all claimed confidential materials within your proposal and put this
COMPLETED form as a cover sheet to said materials then scan, name “CONFIDENTIAL” and upload with your proposal
submission. (You must include all the confidential information in the submitted proposal. The copy uploaded is to indicate which material
in your proposal, if any, you deem confidential in the event the receives a Public Information Request.) ESC8 and TIPS will follow procedures
of controlling statute(s) regarding any claim of confidentiality and shall not be liable for any release of information required by law. Upon
your claim and your defense to the Office of Texas Attorney General is required to make the final determination whether the information
submitted by you and held by ESC8 and TIPS is confidential and exempt from public disclosure.
ALL VENDORS MUST COMPLETE ONE OF THE TWO OPTIONS BELOW.
OPTION 1:
I DO CLAIM parts of my proposal to be confidential and DO NOT desire to expressly waive a claim of
confidentiality of all information contained within our response to the solicitation. The attached contains material from our
proposal that I classify and deem confidential under Texas Gov't Code Sec. 552 or other law(s) and I invoke my statutory
rights to confidential treatment of the enclosed materials.
IF CLAIMING PARTS OF YOUR PROPOSAL CONFIDENTIAL, YOU MUST ATTACH THE SHEETS TO THIS
FORM AND LIST THE NUMBER OT TOTAL PAGES THAT ARE CONFIDENTIAL.
ATTACHED ARE COPIES OF PRICE 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 10-17-22
----------------------------------------------------------- OR ---------------------------------------------------
OPTION 2:
I DO NOT CLAIM any of my proposal to be confidential, complete the section below.
Express Waiver: I desire to expressly waive any claim of confidentiality as to any and all information contained
within our response to the competitive procurement process (e.g. RFP, CSP, Bid, RFQ, etc.) by completing the
following and submitting this sheet with our response to Education Service Center Region 8 and TIPS.
Signature Date
Confidentiality Claim Form rev 10012020RP
required to be applied to the fixture before installation and/or use. Such
Manufacturer 11-Year installation and/or use without Manufacturer’s preapproval may void this
warranty. Manufacturer & its partner’s liability is strictly limited to the repair
Warranty and/or replacement of its product or component. Manufacturer shall in no
way be held liable for incidental or consequential damages resulting from
the use of their product or its software, including, without limitation,
All Manufacturer products are warranted to the original purchaser to be free damages from loss of business profits, downtime costs, business
of defects in products from date of purchase at the original installation interruption, loss of business information or other pecuniary loss.
location as follows. The purchase of Manufacturer product constitutes the Manufacturer will ship repaired and/or replacement components best way at
Customer’s acceptance of all warranty terms and conditions as listed in this its sole discretion, purchaser is responsible for any expedited shipping
limited warranty statement. costs.
Product Warranty Coverage RMA Procedures
Period
LED Panels 11-Years / Manufacturing To obtain an RMA, please contact service@insaneimpact.com or your
(DioPlex-HO, 100,000 Hours* Defects, designated representative with a written description of the problem you
D, CG Models) (whichever Components, are experiencing to obtain an RMA number. Upon receiving an RMA
comes first) Pixel/IC Chip number, the product/component must be packaged in original packaging or
other suitable packaging that provides ample protection from ground/air
Failure
shipping and provide your representative with packaging dimensions to
(Parts Only) receive an RMA shipping label. Include a brief description of the problem
being experienced for the affected part/component being returned. The
Service Labor 5-Years (1,825 Manufacturing product/component must be returned in original, unaltered condition without
Days) Defects, Internal accessories unless otherwise instructed to do so. Products returned for
Component warranty service, which are received damaged due to inadequate and/or
Replacement, improper packaging and/or due to damage caused by shipping carrier may
Diagnostic (Non- incur additional repair charges before warranty service begins and/or may
Maintenance) void this warranty. Any products returned without a valid RMA will be
refused and returned at the customer’s expense. Failure to follow these
Video N/A As warranted by RMA procedures may result in denial of warranty service or additional
Processors NovaStar material/labor costs billable to the customer.
(NovaStar)
Non-Warranty Service
Rigging 1-Year Manufacturing If it is determined that the product does not meet the terms of our warranty,
Hardware/GSR Defects (Parts you will be billed for labor and materials, as well as applicable shipping,
Only) insurance and travel costs. Appropriate shipping charges will be applied.
Cables & 30-Days Manufacturing Payment in advance of repair is required by credit card. Manufacturer will
Accessories Defects (Parts contact you and inform you of the cost of the repair before any work is
Only) completed.
*Hours based on constant ≤60% brightness. Disclaimers:
• The maximum liability of Insane Impact under this limited
During this period, Manufacturer will, at its discretion, repair or replace warranty shall not exceed the actual purchase price paid for the
the defective component of a unit or replace it with a new or rebuilt one of product.
equal model and product classification. Manufacturer will bear labor and • Insane Impact is not responsible for any loss of income during
shipping costs for all repairs completed by its authorized service personnel time of warranty, repairs, etc.
subject to exclusions within the stated warranty terms above. This warranty • Insane Impact is not responsible for replacing or furnishing
is not a maintenance contract. Registration is required to receive the terms product in the situation should a warranty issue arise.
of this warranty within 30 days of installation.
The warranty does NOT cover: Registration Information:
• Damage due to abuse, misuse, or accident. Original Purchaser: ________________________________
• Improper installation workmanship by user or 3rd parties.
• Products used or installed in conditions or environments exceeding Installing Dealer: __________________________________
specified application type.
• Customer supplied power, data, or rigging. Email: __________________________________________
• Units on which the product or its sticker has been removed or altered.
• Units that have been serviced or tampered by user or other Phone: _________________________________________
unauthorized personnel.
• Labor for module or component installation replaced by user or Installation Address: _______________________________
integration personnel.
• Damage from exposure to extreme environmental/atmospheric City: ___________ State: ______ ZIP: _______________
conditions including but not limited to severe weather, natural,
disaster, salinity or pressure or other conditions which exceed the Date of Installation Completion (mm/dd/yyyy): ___________
product’s ingress protection rating.
• Failure to perform periodic maintenance of the product as specified by Product: _____________________ Batch/Serial #: _______
Manufacturer or its manufacturer.
• 3rd Party Installation, Hardware or Auxiliary Equipment
Screen Configuration: ______________________________
• Color and/or brightness consistency without compromising basic
product functionality.
Estimated Monthly Usage (Hours): ____________________
All implied warranties, including warranties on merchantability and fitness,
are limited in time to the length of this warranty. The terms of this warranty Signature: _______________________________________
are applicable to the original purchasing end-user and products installed at
their original location. Any warranted products relocated from the original Date: ______________
installation point shall be subject to review, on-site inspection, and approval
by Manufacturer to maintain the validity of this warranty subject to local
state laws. Marine/coastal and/or extreme outdoor environment installation
and/or use must be pre-approved by manufacturer, and a special corrosion-
resistant coating and sealing process (available at an additional cost) is