Common use of Project Delivery Order Procedures Clause in Contracts

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 (2) working days. 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 Named Resellers (“Resellers”) under this Agreement, if any are authorized by Vendor during the life of the 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, if any are authorized by Vendor during the life of the Agreement, are the responsibility of the awarded Vendor. If Resellers, authorized by Vendor during the life of the Agreement, 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. 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, reserves 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. In the event of a contract dispute, TIPS or must submit the dispute in writing to Windstream at the following address: Windstream, Attn: Correspondence Division, 0000 Xxxxxxxx Xxxx., Xxxxxxxxx, XX 00000 or xxxxxxxxxx.xxxxxxxx.xxxxxxx@xxxxxxxxxx.xxx. TIPS shall attempt to negotiate in good faith and acceptable resolution. However, if TIPS and Windstream are unable to resolve the dispute after sixty (60) days from the date of receipt of the written dispute, all parties reserve all rights under the law. TIPS is not prohibited from submitting an issue to any federal, state or local governmental agency or Public Service Commission which may be able to seek relief from Windstream on TIPS’ behalf. With regard to the audit right made as part of this dispute resolution paragraph, Windstream understands and makes a qualified acceptance in that, while Windstream has no objection to independent audit of documentation related to services provided by Windstream to enable verification of all invoices, charges and expenses paid by TIPS for such services, Windstream requires that any such audits (i) are subject to TIPS and/or TIPS’ third party designated auditor executing a non−disclosure agreement provided by Windstream with respect to the use and disclosure of such documentation with the understanding that TIPS is a government entity subject to public information act laws and cannot accept an agreement that attempts to supersede those laws, (ii) may be conducted no more than once (1) a year during Windstream's normal business hours, (iii) are preceded by written notice from TIPS at least thirty (30) days prior to the date of the proposed audit, and (iv) are paid for by TIPS. Windstream shall retain all audit records in accordance with the terms of Windstream's record retention policy. The TIPS Solicitation , 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, that resulted in the execution of this Agreement are hereby incorporated by reference into this Agreement as if copied verbatim. 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. 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 Gov't Code 2270.0153 found at xxxxx://xxxxxxxxxxx.xxxxx.xxx/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) 0000 Xxxxxxx 000 Xxxxx Xxxxxxxxx, XX,00000 And by an email sent to bids@tips−xxx.xxx The undersigned Vendor agrees to maintain the below minimum insurance requirements for TIPS Contract Holders: 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. "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. • Orders: All Vendor orders received from TIPS Members must be emailed to TIPS at tipspo@tips− xxx.xxx. 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 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.

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 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 vendor shall acknowledge the TIPS Member’s request as soon as possible, but must make contact with the TIPS Member within two (2) working days. Status of TIPS Members as Related to This Agreement 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, if any are authorized by Vendor during the life of the Agreement, 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, if any are authorized by Vendor during the life of the Agreement, Resellers under this Agreement are the responsibility of the awarded Awarded Vendor. If Resellers, authorized by Vendor during the life of the Agreement, 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. Support Requirements If there is a dispute between the awarded Vendor vendor and TIPS Member, TIPS or its representatives may, at TIPS sole discretion, will assist in conflict resolution or third party if requested by either party. TIPS, or its representatives, reserves the right to inspect any project and audit the awarded Vendor’s vendors 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. In the event Incorporation of a contract dispute, TIPS or must submit the dispute in writing to Windstream at the following address: Windstream, Attn: Correspondence Division, 0000 Xxxxxxxx Xxxx., Xxxxxxxxx, XX 00000 or xxxxxxxxxx.xxxxxxxx.xxxxxxx@xxxxxxxxxx.xxx. TIPS shall attempt to negotiate in good faith and acceptable resolution. However, if TIPS and Windstream are unable to resolve the dispute after sixty (60) days from the date of receipt of the written dispute, all parties reserve all rights under the law. TIPS is not prohibited from submitting an issue to any federal, state or local governmental agency or Public Service Commission which may be able to seek relief from Windstream on TIPS’ behalf. With regard to the audit right made as part of this dispute resolution paragraph, Windstream understands and makes a qualified acceptance in that, while Windstream has no objection to independent audit of documentation related to services provided by Windstream to enable verification of all invoices, charges and expenses paid by TIPS for such services, Windstream requires that any such audits (i) are subject to TIPS and/or TIPS’ third party designated auditor executing a non−disclosure agreement provided by Windstream with respect to the use and disclosure of such documentation with the understanding that TIPS is a government entity subject to public information act laws and cannot accept an agreement that attempts to supersede those laws, (ii) may be conducted no more than once (1) a year during Windstream's normal business hours, (iii) are preceded by written notice from TIPS at least thirty (30) days prior to the date of the proposed audit, and (iv) are paid for by TIPS. Windstream shall retain all audit records in accordance with the terms of Windstream's record retention policy. Solicitation The TIPS Solicitation Solicitation, 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, that resulted in the execution of this Agreement agreement are hereby incorporated by reference into this Agreement agreement as if copied verbatim. 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. 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 Gov't Code 2270.0153 found at xxxxx://xxxxxxxxxxx.xxxxx.xxx/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) 0000 Xxxxxxx 000 Xxxxx Xxxxxxxxx, XX,00000 And by an email sent to bids@tips−xxx.xxx The undersigned Vendor agrees to maintain the below minimum insurance requirements for TIPS Contract Holders: 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. "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. • Orders: All Vendor orders received from TIPS Members must be emailed to TIPS at tipspo@tips− xxx.xxx. 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 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.

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 vendor under this Agreement when the TIPS Member desires goods or has services awarded that need to the Vendorbe undertaken. Notification may occur via phone, the web, courier, email, fax, or in person. Upon notification of a pending request, the awarded Vendor vendor shall acknowledge make contact with the TIPS Member’s request Member as soon as possible, but must make contact with the TIPS Member within two (2) working days. Scheduling of projects (if applicable) may be accomplished when the TIPS Member issues a Purchase Order and/or an Agreement or Contract that will serve as the notice to proceed as agreed by the Vendor and the TIPS Member. The period for the delivery order will include the mobilization, materials purchase, installation and delivery, design, weather, and site cleanup and inspection. No additional claims may be made for delays as a result of these items. When the tasks have been completed the awarded vendor shall notify the client and have the TIPS Member or a designated representative of the TIPS Member inspect the work for acceptance under the scope and terms in the Purchase Order and/or Agreement or Contract. The TIPS Member will issue in writing any corrective actions that are required. Upon completion of these items, the TIPS Member will issue a completion notice and final payment will be issued per the contractual requirements of the project with the TIPS Member. Any Construction contract prepared by the TIPS Meal Counsel may alter the terms of this subsection, If there is a dispute between the awarded vendor and TIPS Member, TIPS or its representatives may assist, at TIPS sole discretion, in conflict resolution or third party (mandatory mediation), if requested by either party. TIPS, or its representatives, reserves the right to inspect any project and audit the awarded vendors TIPS project files, documentation and correspondence. 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 Named Resellers (“Resellers”) under this Agreement, if any are authorized by Vendor during the life of the 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, if any are authorized by Vendor during the life of the Agreement, are the responsibility of the awarded Vendor. If Resellers, authorized by Vendor during the life of the Agreement, 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. 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, reserves 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. In the event of a contract dispute, TIPS or must submit the dispute in writing to Windstream at the following address: Windstream, Attn: Correspondence Division, 0000 Xxxxxxxx Xxxx., Xxxxxxxxx, XX 00000 or xxxxxxxxxx.xxxxxxxx.xxxxxxx@xxxxxxxxxx.xxx. TIPS shall attempt to negotiate in good faith and acceptable resolution. However, if TIPS and Windstream are unable to resolve the dispute after sixty (60) days from the date of receipt of the written dispute, all parties reserve all rights under the law. TIPS is not prohibited from submitting an issue to any federal, state or local governmental agency or Public Service Commission which may be able to seek relief from Windstream on TIPS’ behalf. With regard to the audit right made as part of this dispute resolution paragraph, Windstream understands and makes a qualified acceptance in that, while Windstream has no objection to independent audit of documentation related to services provided by Windstream to enable verification of all invoices, charges and expenses paid by TIPS for such services, Windstream requires that any such audits (i) are subject to TIPS and/or TIPS’ third party designated auditor executing a non−disclosure agreement provided by Windstream with respect to the use and disclosure of such documentation with the understanding that TIPS is a government entity subject to public information act laws and cannot accept an agreement that attempts to supersede those laws, (ii) may be conducted no more than once (1) a year during Windstream's normal business hours, (iii) are preceded by written notice from TIPS at least thirty (30) days prior to the date of the proposed audit, and (iv) are paid for by TIPS. Windstream shall retain all audit records in accordance with the terms of Windstream's record retention policy. The TIPS Solicitation , 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, that resulted in the execution of this Agreement are hereby incorporated by reference into this Agreement as if copied verbatim. 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. 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 Gov't Code 2270.0153 found at xxxxx://xxxxxxxxxxx.xxxxx.xxx/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) 0000 Xxxxxxx 000 Xxxxx Xxxxxxxxx, XX,00000 And by an email sent to bids@tips−xxx.xxx The undersigned Vendor agrees to maintain the below minimum insurance requirements for TIPS Contract Holders: 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. "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. • Orders: All Vendor orders received from TIPS Members must be emailed to TIPS at tipspo@tips− xxx.xxx. 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 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.

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 (2) working days. 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 Named Resellers (“Resellers”) under this Agreement, if any are authorized by Vendor during the life of the Agreement, 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, if any are authorized by Vendor during the life of the Agreement, Resellers under this Agreement are the responsibility of the awarded Vendor. If Resellers, authorized by Vendor during the life of the Agreement, 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. 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, reserves 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. In the event of a contract dispute, TIPS or must submit the dispute in writing to Windstream at the following address: Windstream, Attn: Correspondence Division, 0000 Xxxxxxxx Xxxx., Xxxxxxxxx, XX 00000 or xxxxxxxxxx.xxxxxxxx.xxxxxxx@xxxxxxxxxx.xxx. TIPS shall attempt to negotiate in good faith and acceptable resolution. However, if TIPS and Windstream are unable to resolve the dispute after sixty (60) days from the date of receipt of the written dispute, all parties reserve all rights under the law. TIPS is not prohibited from submitting an issue to any federal, state or local governmental agency or Public Service Commission which may be able to seek relief from Windstream on TIPS’ behalf. With regard to the audit right made as part of this dispute resolution paragraph, Windstream understands and makes a qualified acceptance in that, while Windstream has no objection to independent audit of documentation related to services provided by Windstream to enable verification of all invoices, charges and expenses paid by TIPS for such services, Windstream requires that any such audits (i) are subject to TIPS and/or TIPS’ third party designated auditor executing a non−disclosure agreement provided by Windstream with respect to the use and disclosure of such documentation with the understanding that TIPS is a government entity subject to public information act laws and cannot accept an agreement that attempts to supersede those laws, (ii) may be conducted no more than once (1) a year during Windstream's normal business hours, (iii) are preceded by written notice from TIPS at least thirty (30) days prior to the date of the proposed audit, and (iv) are paid for by TIPS. Windstream shall retain all audit records in accordance with the terms of Windstream's record retention policy. 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, that resulted in the execution of this Agreement are hereby incorporated by reference into this Agreement as if copied verbatim. 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. 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 Gov't Code 2270.0153 found at xxxxx://xxxxxxxxxxx.xxxxx.xxx/purchasing/docs/foreign−terrorist.pdf xxxxx://xxxxxxxxxxx.xxxxx.xxx/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 non-compliance decision and the TIPS Agreement number and description at: Attention: General Counsel ESC Region 8/The Interlocal Purchasing System (TIPS) 0000 Xxxxxxx 000 Xxxxx Xxxxxxxxx, XX,00000 And by an email sent to bids@tips−xxx.xxx xxxx@xxxx-xxx.xxx The undersigned Vendor agrees to maintain the below minimum insurance requirements for TIPS Contract Holders: 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−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 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. • Orders: All Vendor orders received from TIPS Members must be emailed to TIPS at tipspo@tips− tipspo@tips- xxx.xxx. 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 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.

Project Delivery Order Procedures. The TIPS Member member having approved and signed an interlocal agreement, or other TIPS Membership membership document, may make a request of the awarded Vendor contractor under this Agreement contract when the TIPS Member desires goods or member has services awarded that need to the Vendorbe undertaken. Notification may occur via phone, the web, courier, email, fax, or in person. Upon notification of a pending request, the awarded Vendor contractor shall acknowledge make contact with the TIPS Member’s request member as soon as possible, but must make contact with the TIPS Member member within two (2) working days. Scheduling of projects (if applicable) will be accomplished when the TIPS Members stand in member issues a purchase order that will serve as “the place notice to proceed”. The period for the delivery order will include the mobilization, materials purchase, installation and delivery, design, weather, and site cleanup and inspection. No additional claims may be made for delays as a result of TIPS as related to this agreement these items. When the tasks have been completed the awarded contractor shall notify the client and have the same access to TIPS member inspect the proposal information and all related documents. TIPS Members have all the same rights work for acceptance under the awarded Agreement as TIPSscope and terms in the PO. Vendor’s Named Resellers (“Resellers”) under this Agreement, if The TIPS member will issue in writing any corrective actions that are authorized by Vendor during the life required. Upon completion of the 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, if any are authorized by Vendor during the life of the Agreement, are the responsibility of the awarded Vendor. If Resellers, authorized by Vendor during the life of the Agreement, fail to report sales to TIPS under your Agreementthese items, the awarded Vendor is responsible for their contractual failures TIPS member will issue a completion notice and shall final payment will be billed for the fees. The awarded Vendor may then recover the fees from their named resellerissued. If there is a dispute between the awarded Vendor contractor and TIPS Membermember, TIPS or its representatives may, at TIPS sole discretion, will assist in conflict resolution or third party (mandatory mediation), if requested by either party. TIPS, or its representatives, reserves the right to inspect any project and audit the awarded Vendor’s contractors TIPS project files, documentation and correspondence related to the requesting TIPS Member’s ordercorrespondence. If there are confidentiality requirements by either partyBonding cost, TIPS shall comply to the extent permitted by law. In the event of a contract dispute, TIPS or must submit the dispute in writing to Windstream at the following address: Windstream, Attn: Correspondence Division, 0000 Xxxxxxxx Xxxx., Xxxxxxxxx, XX 00000 or xxxxxxxxxx.xxxxxxxx.xxxxxxx@xxxxxxxxxx.xxx. TIPS shall attempt to negotiate in good faith taxes and acceptable resolution. However, if TIPS and Windstream are unable to resolve the dispute after sixty (60) days from the date of receipt of the written dispute, all parties reserve all rights under the law. TIPS is not prohibited from submitting an issue to any federal, state or local governmental agency or Public Service Commission which may be able to seek relief from Windstream on TIPS’ behalf. With regard to the audit right made as part of this dispute resolution paragraph, Windstream understands and makes a qualified acceptance in that, while Windstream has no objection to independent audit of documentation related to services provided by Windstream to enable verification of all invoices, charges and expenses permit fees paid by the contractor for a Job Order Contract for a TIPS for such services, Windstream requires that any such audits (i) are subject to TIPS and/or TIPS’ third party designated auditor executing a non−disclosure agreement provided by Windstream with respect to member shall pass through the use and disclosure of such documentation with the understanding that TIPS is a government entity subject to public information act laws and cannot accept an agreement that attempts to supersede those laws, (ii) may be conducted cost at no more than once (1) a year during Windstream's normal business hours, (iii) are preceded by written notice from TIPS at least thirty (30) days prior to the date of the proposed audit, and (iv) are paid for by TIPS. Windstream shall retain all audit records in accordance with the terms of Windstream's record retention policy. The TIPS Solicitation , 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, that resulted in the execution of this Agreement are hereby incorporated by reference into this Agreement as if copied verbatim. 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. 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 Gov't Code 2270.0153 found at xxxxx://xxxxxxxxxxx.xxxxx.xxx/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) 0000 Xxxxxxx 000 Xxxxx Xxxxxxxxx, XX,00000 And by an email sent to bids@tips−xxx.xxx The undersigned Vendor agrees to maintain the below minimum insurance requirements for TIPS Contract Holders: 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. "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 markup to the TIPS or member. Other pass through costs, if desired, may be determined with the member at the time of contract negotiation. TIPS Memberagreements are available for use by all schools, colleges, universities, cities, counties and other government entities in all fifty states if permitted by the jurisdictions of the governmental entities. • Orders: All Vendor orders received It is the purpose of this SOLICITATION to establish awarded contractor agreements to satisfy the Job Order Contract procurement needs of participating member entities. These awarded agreements will enable member entities to purchase on an “as needed” basis from TIPS Members must competitively awarded agreements with high performance contractors. Proposers are requested to submit a proposal for offering their Job Order Contract services and/or goods commonly purchased by government agencies, cities, counties and educational entities.  Awards will be emailed to TIPS at tipspo@tips− xxx.xxx. Should a TIPS Member send an order directly made to the Vendor, it successful proposer(s) according to the evaluation criteria. Proposer must actually provide the requested services. Example: a software company may not propose to perform construction work)  TIPS reserves the right to award multiple contractors for each solicitation.  This proposal is requested for the Vendor’s responsibility to forward a copy benefit of the order current list of members and other new members as they execute TIPS membership Agreements in the future. Member List: xxxx://xxx.xxxx­xxx.xxx/xxxxxx/xxxxxxxxx/xxxx/xxxxxxxxxx.xxx  TIPS reserves the right to extend the proposal deadline for any reason.  TIPS at reserves the email above within 3 business days and confirm its receipt with TIPS. • Vendor Encouraging Members right to bypass TIPS agreement: Encouraging TIPS Members make changes to purchase directly from the Vendor this Solicitation by way of one 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 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 awardmore posted addenda.