Bids are solicited for furnishing the merchandise, supplies, services and or equipment set forth in this document. By returning this bid with price(s) quoted, vendors certify and agree to the following:

1. All delivery and freight charges are to be included, on the basis of deliveries being FOB destination, inside delivery, unless otherwise specified elsewhere in bid document.
   
   
2. If applicable, a packing list or other suitable documents shall accompany each shipment and shall show:
   • Name and address of vendor
   • Name and address of receiving department
   • Gregg County purchase order number
   • Description of material shipped, including item numbers, quantity, number of containers and package number (if any)
   
   
   
3. Samples may be requested for testing by Gregg County. Any sample that fails testing shall be considered sufficient reason to reject bid.
   
   
4. Non-performance of the bid in terms of specifications or non-compliance with terms of this contract shall be basis for termination of the contract by the County. Termination in whole or in part, by the County may be made at its option and without prejudice to any other remedy to which it may be entitled by law or in equity, or elsewhere under this Contract, by giving thirty (30) days written notice to the vendor with the understanding that all work being performed under this Contract shall cease upon the date specified in such notice. The County shall not pay for work, equipment, services or supplies, which are unsatisfactory. The Vendor may be given reasonable opportunity prior to termination to correct any deficiency. This however shall in no way be construed as negating the basis for termination for non-performance.
   
   
5. Quantities indicated in the bid are estimated based upon the best available information. The County reserves the right to increase or decrease the quantities by any amount deemed necessary to meet its needs without any adjustments in the bid price.
   
   
6. The bid award shall be based on, but not necessarily limited to, the following factors:
   • Unit price
   • Total bid price
   • Delivery date
   • Results of testing samples
   • Any special needs and requirements
   • Gregg County's experience with the products bid
   • Vendor's past performance record with Gregg County
   • Vendor's safety record
   • Gregg County's evaluation of the vendor's ability
   • Estimated costs for supplies, service, maintenance, etc.
   • Estimated surplus value
   
   
   
7. Invoices shall be sent directly to the Departments placing order. Invoices must detail the materials/equipment delivered and must reference the Gregg County purchase order number. Payments are processed after the Auditor's Department has been notified that the material or equipment has been delivered in good condition and that no unauthorized substitutions have been made according to specifications.
   
   
8. Whenever an article or material is defined by describing a proprietary product or by using the name of the manufacturer, the term "OR EQUAL" if not inserted shall be implied unless otherwise indicated by "NO SUBSTITUTIONS". The specified article or material shall be understood as descriptive, not restrictive. In case the unit price of an item differs from the extended price for the quantity bid, the unit price shall govern.
   
   
9. The Contractor shall be considered an Independent Contractor and not an agent, servant, employee, or representative of the County in the performance of the work. No term or provision, hereof, or act of the Contractor shall be construed as changing that status.
   
   
10. The Contractor shall defend, indemnify, and save whole and harmless the County and all its officers, agents and employees from and against all suits, actions, or claims of the character, name and description brought for or on account of any injuries or damages (including but not restricted to death) received or sustained by any person(s) or property on account of, arising out of, or in connection with the performance of the work, including without limiting the generality of the foregoing, any negligent act or omission of the Contractor in the execution or performance of the Contract.
    
    
11. The Contractor agrees, during the performance of the work, to comply with all applicable codes and ordinances of the appropriate City, Gregg County or State of Texas as they may apply, as these laws may now read or as they may hereafter be changed or amended.
    
    
12. The Contractor shall obtain from the appropriate City, Gregg County or State of Texas the necessary permit(s) required by the ordinances of the City, County or State, for performance of the work.
    
    
13. The Contractor shall not sell, assign, transfer or convey the Contract in whole or in part, without the prior written consent of the County.
    
    
14. In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforcability shall not affect any other provision thereof and this Contract shall be considered as if such had never been contained herein.
    
    
15. The parties herein agree that this Contract shall be enforceable in Gregg County, Texas and if legal action is necessary to enforce it, exclusive venue shall lie in Gregg County, Texas.
    
    
16. This Contract shall be governed by and construed in accordance with the laws of the State of Texas and all applicable Federal Laws.
    
    
17. Bids may be withdrawn any time prior to the official opening. Alterations made before opening time must be initialed by bidder guaranteeing authenticity. Bids may not be amended, altered or withdrawn after the official opening, except upon the explicit recommendation of the Purchasing Agent and the formal approval of the Commissioners Court.
    
    
18. This Contract embodies the complete agreement of the parties hereto, superceding all oral or written previous and contemporary agreements between the parties and relating to matters herein, and except as otherwise provided herein cannot be modified without written agreement of the parties.
    
    
19. Funding Clause - Gregg County intends to make all payments required to be made under this Agreement. However, in the event, through no action initiated by the End User, its legislative body does not appropriate funds for the continuation of this agreement for any fiscal year after the current fiscal year and it has no funds to continue this Agreement from other sources, this Agreement may be terminated. To effect the termination of this Agreement, Gregg County shall, thirty days prior to the beginning of the fiscal year for which its legislative body does not appropriate funds, send written notice stating that funds have not been appropriated for the next fiscal year. The vendor will submit a final invoice and coordinate with the Purchasing Agent to remove all property belonging to said vendor as soon as possible. The final invoice will be verified and approved by the Purchasing Agent. Thereupon, Gregg County will be released from its obligation to make all further payments.
    
    
20. Insurance Requirements - Gregg County, Texas may require the following insurance coverages for vendors doing business with Gregg County.
    • Workers' Compensation insurance with $500,000.00 Employer Liability limits under Coverage B (no deductible)
    • General Liability insurance with limits of $1,000,000.00 per occurrence/aggregate, including products and completed operations coverage
    • Auto liability limits $1,000,000.00
    • County named as "additional insured" not "additional named insured"
    • Deductible shall be $5,000.00 or less on each of the above listed coverage
    Vendor must provide a certificate of insurance conforming to the above listed requirements or a statement from his insurance carrier certifying that required coverages shall be obtained by contractor within ten (10) days of formal award of a contract. In cases where a certification letter from an insurance carrier is attached to the bid in lieu of an insurance certificate, any formal award of a contract shall be contingent upon required coverages being put into force prior to any performance of any duties outlined in the contract.
    
    
21. Gregg County is exempt from federal excise and state sales taxes, ad valorem taxes and personal property taxes; therefore, tax must not be included in bids tendered. Bid prices offered must be complete and all-inclusive. Gregg County will not pay additional taxes, surcharges or other fees not included in bid prices.
    
    
22. Disclosure of Private Health Information (“PHI”) - Any contractor doing business with Gregg County that may have any potential of disclosing PHI will be required to submit an executed Business Associate Agreement guaranteeing in writing to provide security for PHI at the time the contract is approved and/or awarded. The executed Business Associate Agreement submitted shall also require the contractor to disclose unauthorized releases of PHI to the Gregg County Co-HIPAA Security Compliance Officers.
    
    
23. Gregg County expressly reserves the right to accept or reject in part or in whole any bids submitted, and to waive any technicalities or formalities, considered to be in the best interest of Gregg County.
    
    
24. Bonds may be required in accordance with State Statutes and as outlined in the specifications.
    
    MINORITY BUSINESS: Gregg County is wholly committed to developing, establishing, maintaining, and enhancing minority business involvement in the total procurement process.