ESBD_File_355490_2024-007 Vehicle Maintenance Repairs Towing.pdf

F A N N I N C O U N T Y, T E X A S

INVITATION TO BID FOR VEHICLE MAINTENANCE, EQUIPMENT REPAIRS AND

TOWING FOR THE COUNTY VEHICLES, INCLUDING EQUIPMENT

BID #2024-007

This invitation to bid/bid sheets are for your convenience in bidding to provide Fannin County with vehicle major repair, maintenance and towing for Sheriff’s Office Vehicles and other County Vehicles.

Sealed bids shall be received no later than 3:00 P.M., April 25, 2024. Bids will be opened at the Fannin County Purchasing Office, 101 East Sam Rayburn, Suite 313, Bonham, Texas 75418 at 3:15 P.M.

on April 25, 2024. All bids received after the above mentioned date and time will be returned unopened and shall be considered void and unacceptable.

Notification for bidding to supply Fannin County with vehicle major repair, maintenance and towing for the County and Sheriff’s Office vehicles has been properly advertised as required by law.

Bid forms containing required specifications shall be furnished to persons or firms requesting the forms from:

Fannin County Purchasing 101 E. Sam Rayburn Dr. Suite 313 Fannin County Courthouse Bonham, TX 75418

Email: elane@fanninco.net

Phone: (903) 583-0054 mailto:cjedwards@fanninco.net

SUCCESSFUL BIDDER SHALL defend, indemnify and hold harmless Fannin County and all its officers, agents and employees from all suits, actions, or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the successful bidder, or of any agent, employee, subcontractor or supplier in the execution of, or performance under, any contract which may result from bid award.

Successful bidder shall pay any judgment with cost which may be obtained against Fannin County growing out of such injury or damages.

Fannin County reserves the right to accept and or reject any and all bids.

RETURN BID TO:

Fannin County Purchasing 101 East Sam Rayburn, Suite 313 Fannin County Courthouse Bonham, TEXAS 75418

Sealed bids shall be received no later than:

3:00 P.M., Thursday, April 25, 2024 MARK ENVELOPE: "Fannin County Vehicle Maintenance, Equipment

Repairs and Towing Bid #2024-007"

VEHICLE MAINTENANCE, EQUIPMENT REPAIRS AND TOWING SERVICES

For County Vehicles, including Equipment.

TO PROVIDE for an annual contract commencing on or around May 6, 2024, and continuing for a twelve month period for the vehicle maintenance, equipment repairs and towing of County vehicles, including equipment. Commissioners Court reserves the right to extend this contract for one (1) additional one-year period as it deems to be in the best interest of the County.

IT IS UNDERSTOOD that the Commissioners Court of Fannin County, Texas reserves the right to accept or reject any and/or all bids as it shall deem to be in the best interest of Fannin County. Receipt of any bid shall under no circumstances obligate Fannin County to accept the lowest dollar bid/proposal. The award of this contract shall be made to the responsible offerer, whose bid is determined to be the lowest evaluated offer taking into consideration the relative importance of price and the other evaluation factors set forth in the request for bid.

BIDS SHALL include this IFB and all additional documents submitted.

Bid shall be placed in a separate sealed envelope, with each page manually signed by a person having the authority to bind the firm in a contract and marked clearly on the outside as shown below. Bids can be submitted through email. Please contact the Purchasing Agent for details.

REQUIREMENTS

INSURANCE: Before commencing work, the successful bidder shall be required, at his own expense, to furnish the Fannin County Purchasing Agent within ten (10) days of notification of award with certified copies of all insurance policies showing the following insurance coverage to be in force throughout the term of the contract. In addition, Certificates of Insurance must be provided prior to commencing work which details compliance with the following insurance requirements:

(a) Garage Liability insurance at minimum combined single limits of $1,000,000 per-occurrence for bodily injury and property damage on any vehicle. In addition, the policy shall provide $1,000,000 products/completed operations coverage. The policy must include Contractual Liability coverage as respects the bidder's obligations contained in this RFP. Any aggregate limits must be at least two (2) times the per-occurrence limit.

The Garage Liability policy will be endorsed to name Fannin County as an additional insured.

(b) Garage-keepers insurance to cover sums that the bidder becomes legally obligated to pay for property damage, including loss of use, to a vehicle left in a bidders care while the bidder is attending, servicing, repairing, parking or storing the vehicle. The Garage-keepers coverage should provide collision coverage and comprehensive coverage. The Garage-keepers coverage should apply excess of any other collectible insurance regardless of whether the other insurance coverage protects the insured or owner’s interest. Further, it is understood that the County does not purchase physical damage insurance coverage on any of the vehicles that will be left with the bidder for maintenance of repair. The Garage-keepers coverage shall be written with limits of sufficient to cover all County vehicles left with the bidder. The deductible under the Garage-keepers coverage will not exceed $1,000 per event caused by theft, mischief or vandalism.

All policies required by this IFB shall be written on an occurrence form. In addition, all policies must be endorsed to require the insurer to immediately notify Fannin County for any material change in insurance coverage and to provide Fannin County at least 60 days notice prior to the cancellation, non-renewal or termination of the insurance policies.

All insurance shall be purchased by an insurance company that meets the following requirements:

(1) A current financial rating of A/VII of better as assigned by A.M. Best.

(2) Licensed and admitted to do business in the State of Texas.

If currently insured please list company/companies and contact information below:

(if more space is needed please submit on additional paper)

ANY QUESTIONS concerning this Request for Bid and Specifications should be directed to the Purchasing Department at (903) 583-0054, Edwina Lane - Purchasing Agent.

FANNIN COUNTY

SPECIFICATIONS

GENERAL: It is the intent of the following specifications to describe the Vehicle Major Repair, Maintenance and Towing Services needed by Fannin County. The response to this IFB will result in a services contract; at no time will the contracted party (ies) become employees of Fannin County Texas or be covered by County insurance policies.

The Fannin County Commissioner's Court requests qualification statements from vehicle repair firms for performing repairs and maintenance of various makes and models of light duty vehicles. Please include on a separate page an explanation of any general repairs your establishment is unable to perform (i.e.: transmission, electronic computer systems, etc.)

The successful bidder shall be required to have the following equipment and ability in order to qualify for the award of this bid:

• Up to date Diagnostic Computer Scanner Equipment.

• Ability to diagnose correct solution for any major repair.

• Ability to perform major engine and transmission overhauls.

• Have a minimum of one maintenance service technician that is ASE or OEM Certified and the ability to repair gasoline and diesel vehicles. If OEM Certified provide make of vehicle(s) for certification.

• Have a repair facility within Fannin County.

• Be an established fully operational repair facility regularly engaged in the business of providing major repair and maintenance services for a minimum of two consecutive years with the last five years.

• Failure of the repair facility to be within the above required area will result in disqualification of the response. Fannin County will be verifying all respondents repair facility locations to ensure compliance.

1. PARTS for repairs and maintenance will be supplied by the successful offerer through vendors offering maximum discounts for top quality parts. All repair parts shall be new and unused except by prior approval.

All parts shall meet or exceed OEM specifications. All parts shall carry a minimum of 90 day replacement warranty. Parts supplied will be paid for by Fannin County on a "cost plus" basis, with paid invoices supporting successful offerer's invoice. Please indicate below the markup for parts.

All sundry items, lubricants, oils, coolant, and washer fluids are to be furnished by the successful offer. All oils and lubricants shall meet or exceed OEM specifications.

2. REPAIRS not performed by the successful offerer will be paid on a "cost plus" basis. Please indicate below the percent markup for work preformed by others. It is expected that the successful offerer will perform diagnostic work prior to using other shops and transportation of county vehicles to and from other shops.

Invoices to Fannin County for work performed by others shall be supported by copies of the paid invoices.

3. HOURS charged per repair and service operation under Bid #2024-007 shall not exceed the recommended hours specified in "Motor Parts & Time Guide, latest edition. This book can be obtained by contacting:

Motor Manuals T-Tex Company P.O. Box 798 Gainesville, TX 76241 (800)347-7036

Work not covered under the above manual shall be quoted and have prior approval from the Purchasing office or responsible department prior to beginning work.

4. CLASSIFICATIONS of work are as follows:

Bid #2024-007 – Repairs-Maintenance-Towing

Bid #2024-007 will include but not limited to engine and engine accessory repair and replace, ignition system repair and replacement, transmission repair, rebuild or replace, suspension and brake repair, a/c repair and recharge, drive train repairs, accessory repairs and any other components or repairs not covered in the other sections as needed.

Bid #2024-007 will include any repairs done by others that may include some items listed in the other aforementioned bids above.

Bid #2024-007 will include all towing for the county vehicles, including equipment.

All discounts of any form allowed by other vendors for work on county owned vehicles will be applied to show the "true cost". This true cost shall be what the "cost plus" price to the County will be based upon.

Invoices to Fannin County for work preformed by others shall be supported by copies of the paid invoices showing the offerer's true cost.

5. Successful offerer shall warranty all offerer supplied parts and all labor for a minimum period of 90 days, or equal to the parts manufacturer warranty whichever is longer, from the work completion date. This warranty includes work under Bid #2024-007.

6. Partial reference list of County vehicles below to be covered under this agreement. (This list is subject to change without prior notice.)

Fannin County Sheriff’s Office

• 2012 - 2024 - Chevrolet Tahoes

• 2016 - 2019 - Ford Explorers

• 2014 & 2018 Dodge Charger

• 2018 - Dodge Ram 1500 4X4

• 2017 - Ford Transit Wagon

Other Fannin County Vehicles o 1- 2013 – Ford F-150 Regular Cab Truck – Environmental Development o 1 -2018 - Ford F-150 Regular Cab Truck 2WD - Development Services o 1- 2020 – Chevrolet - Emergency Management o 1- 2023 - Dodge Durango Pursuit AWD - Constable Pct. 3 o Several 2008 - 2024 Chevrolet 2500HD and 3500HD (2WD & 4X4), Diesel & Gasoline) - Road &

Bridge o 1-2014 - Dodge Ram 3500 (Diesel) - Road & Bridge o 1-2022 - Dodge Ram 2500 (4WD)(Gasoline) - Road & Bridge

7. Bid #2024-007:

• Repairs - See Attachment for Unit Pricing

• Service or Repairs by Others – See Attachment for Unit Pricing

8. AFTER HOURS EMERGENCY REPAIR: See Attachment

On a very limited basis the successful offerer on Bid 2024-007 may be required to repair vehicles other than during normal working hours due to an emergency when another vehicle is not available and/or national or county wide catastrophic event.

TRAVEL RATES (Bid 2024-007 only for After Hours Emergency Repair infield): See Attachment For occasions where offerer must travel to remote areas within the County to repair vehicles; please specify your labor rate for travel and mileage charges.

9. TOWING – See Attachment

10. NON-EXCLUSIVE CONTRACT: The contract, when awarded in response to this IFB, will not be exclusive.

Fannin County reserves the right to spot purchase services as required or award to more than one vendor depending on what is in the best interest of the County.

11. JOB TICKET: One (1) copy of the “job ticket” (detailing work done, labor hours, etc) will be given to the user at time of vehicle pickup from repair. Upon invoicing two )(2) copies will be provided and sent to:

Fannin County Auditor’s Office 101 E. Sam Rayburn Drive Suite 303 Fannin County Courthouse Bonham, TX 75418

12. UNIT PRICE ADJUSTMENTS: Fannin County will permit “Unit Price” adjustments upwardly or downwardly when correlated with the price index specified herein. Unless otherwise indicated, the price index shall be specified index as published by the Bureau of Labor Statistics, Washington, DC 20212. The baseline index shall be the index announced for the month in which the bids opened. Unit prices may be adjusted for each renewal period or every six months if the price index has spiked in a particular commodity in accordance with the changes index. The allowable percent change shall be calculated by subtracting the baseline index from the index announced for the month in which the renewal option is exercised and dividing the result by the baseline index. The allowable percent change shall be rounded to the nearest one-hundredth of one percent and shall be the maximum unit price adjustment permitted, except that the vendor may offer price decreases in excess of the allowable percent change.

13. LIST OF DIAGNOSTIC AND OTHER EQUIPMENT:

(if more space is needed please submit on additional paper)

AWARD: The award of this contract shall be made to the responsible offerers whose proposal is determined to be the best overall value and shortest time vehicles are out of service, taking into consideration the relative importance of price and the other evaluation factors set forth in the request for proposal.

EXCEPTIONS:___________________________________________________________________________

Pursuant to Government Code 2252.908 in regards to HB 1295 filing of application of Certificate of Interested Parties (Form 1295) shall be completed and included within bid package or said bid shall not be considered. Below is the link to the State of Texas Ethics Commission Form 1295 Certificate of Interested Parties Electronic Filing Application:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

TEXAS ETHICS COMMISSION RULES

CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES

§ 46.1. Application

(a) This chapter applies to section 2252.908 of the Government Code

(b) Section 2252.908 of the Government Code applies only to a contract of a governmental entity or state agency entered into after December 31, 2015, that meets either of the following conditions:

(1) the contract requires an action or vote by the governing body of the entity or agency; or

(2) The value of the contract is at least $1 million.

(c) A contract does not require an action or vote by the governing body of a governmental entity or state agency if:

(1) the governing body has legal authority to delegate to its staff the authority to execute the contract

(2) The governing body has delegated to its staff the authority to execute the contract; and

(3) The governing body does not participate in the selection of the business entity with which the contract is entered into.

§ 46.3. Definitions

(a) “Contract” means a contract between a governmental entity or state agency and a business entity at the time it is voted on by the governing body or at the time it binds the governmental entity or state agency, whichever is earlier, and includes an amended, extended, or renewed contract.

(b) “Business entity” includes an entity through which business is conducted with a governmental entity or state agency, regardless of whether the entity is a for-profit or nonprofit entity. The term does not include a governmental entity or state agency.

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm https://www.ethics.state.tx.us/legal/ch46.html#46.1 https://www.ethics.state.tx.us/legal/ch46.html#46.3

(c) “Controlling interest“ means: (1) an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent; (2) membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or (3) service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. Subsection (3) of this section does not apply to an officer of a publicly held business entity or its wholly owned subsidiaries.

(d) “Interested party” means: (1) a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts; or (2) an intermediary.

(e) “Intermediary,” for purposes of this rule, means, a person who actively participates in the facilitation of the contract or negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the business entity who:

(1) receives compensation from the business entity for the person’s participation;

(2) communicates directly with the governmental entity or state agency on behalf of the business entity regarding the contract; and

(3) is not an employee of the business entity or of an entity with a controlling interest in the business entity.

(f) “Signed” includes any symbol executed or adopted by a person with present intention to authenticate a writing, including an electronic signature.

(g) "Value" of a contract is based on the amount of consideration received or to be received by the business entity from the governmental entity or state agency under the contract.

§ 46.5. Disclosure of Interested Parties Form

(a) A disclosure of interested parties form required by section 2252.908 of the Government Code must be filed on an electronic form prescribed by the commission that contains the following:

(1) The name of the business entity filing the form and the city, state, and country of the business entity’s place of business;

(2) The name of the governmental entity or state agency that is a party to the contract for which the form is being filed;

(3) The name of each interested party and the city, state, and country of the place of business of each interested party;

https://www.ethics.state.tx.us/legal/ch46.html#46.5

(4) The identification number used by the governmental entity or state agency to track or identify the contract for which the form is being filed and a short description of the services, goods, or other property used by the governmental entity or state agency provided under the contract; and

(5) An indication of whether each interested party has a controlling interest in the business entity, is an intermediary in the contract for which the disclosure is being filed, or both.

(b) The certification of filing and the completed disclosure of interested parties form generated by the commission’s electronic filing application must be printed, signed by an authorized agent of the contracting business entity, and submitted to the governmental entity or state agency that is the party to the contract for which the form is being filed.

(c) A governmental entity or state agency that receives a completed disclosure of interested parties form and certification of filing shall notify the commission, in an electronic format prescribed by the commission, of the receipt of those documents not later than the 30th day after the date the governmental entity or state agency receives the disclosure.

(d) The commission shall make each disclosure of interested parties form filed with the commission under section 2252.908(f) of the Government Code available to the public on the commission’s Internet website not later than the seventh business day after the date the commission receives the notice required under subsection (c) of this section.

Texas.gov | Texas Homeland Security | Statewide Search | Site Policies

The undersigned hereby certifies that he has read, understands and agrees that acceptance by Fannin County of the bidder’s offer by issuance of a purchase order and/or contract will create a binding contract.

Further, he agrees to fully comply with documentary forms herewith made a part of this specific procurement.

Name of Company:

Address:

City: State: Zip Code:

Telephone Number: Fax Number:

Contact Person: Title:

Authorized Signature:

Printed Name:

Date: Bid valid for Sixty (60) days http://www.texas.gov/ http://www.texashomelandsecurity.com/ http://www.tsl.state.tx.us/trail https://www.ethics.state.tx.us/tec/policies.htm

BID AFFIDAVIT

The undersigned certifies that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and final. The period of acceptance of this bid will be no more than sixty (90) calendar days from the date of the bid opening.

STATE OF COUNTY OF

BEFORE ME, the undersigned authority, a Notary Public in and for the State of , on this day personally appeared

, who (name) after being by me duly sworn, did depose and say:

"I, am a (name) duly authorized officer of/agent for ;

(name of firm) and have been duly authorized to execute the foregoing on behalf of the said .

(name of firm)

I hereby certify that the foregoing bid has not been prepared in collusion with any other bidder or other person or persons engaged in the same line of business prior to the official opening of this bid. Further, I certify that the bidder is not now, nor has been for the past six (6) months, directly or indirectly concerned in any pool or agreement or combination, to control the price of the goods/services bid on, or to influence any person or persons to bid or not to bid thereon."

Name and address of bidder:

Telephone # by: Title:

(print name) Signature:

SUBSCRIBED AND SWORN to before me by the above-named on this the day of 20 .

Notary Public in and for the State of

FANNIN COUNTY VEHICLE MAINTENANCE, EQUIPMENT REPAIR AND TOWING BID 2024-007

BID FORM

ONE SIGNED COPY OF THIS BID FORM MUST BE SUBMITTED BY ALL BIDDERS.

FIRM/OFFERER:

BY:

ADDRESS:

City/State/Zip _______________

PHONE: (____)_______________

Fax Number: (____)____________

Signature:

Title:

Type or Print Name and Title:

RETURN ALL PAGES 1-15 OF IFB PACKAGE AND ALL

DOCUMENTATION REQUIRED BY THIS REQUEST

NO FACSIMILE TRANSMITTALS SHALL BE ACCEPTED.

FUNDING: Funds for payment have been provided through the Fannin County budget approved by the Commissioners Court for this fiscal year only. State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that may arise past the end of the current Fannin County fiscal year shall be subject to budget approval.

COOPERATIVE PURCHASING: Other governmental entities may wish to also participate under this contract (piggyback). Each entity wishing to piggyback must have prior authorization from Fannin County and successful bidder. If such participation is authorized, all purchase orders will be issued directly from and shipped directly to the entity requiring materials. Fannin County shall not be held responsible for any orders placed, deliveries made or payment for materials ordered by these entities. Bidder is requested to state whether they will be willing to allow other governmental entities to piggyback off this contract, if awarded, under the same terms and conditions in the space provided.

LATE BIDS: Bids received in County Purchasing office after submission deadline shall be returned unopened and will be considered void and unacceptable. Fannin County is not responsible for lateness of mail, carrier, etc. and time/date stamp clock in Purchasing Office shall be the official time of receipt.

ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity.

WITHDRAWAL OF BID: A bid may not be withdrawn or cancelled by the bidder for a period of ninety (90) days following the date designated for the receipt of bids, and bidder so agrees upon submittal of their bid.

SALES TAX: Fannin County is by statute exempt from the State Sales Tax and Federal Excise Tax; therefore, the bid price shall not include taxes.

BID AWARD: Fannin County reserves the right to award bid as unit price or lump sum as it deems to be in the best interest of the County.

CONTRACT: This bid, when properly accepted by Fannin County, shall constitute a contract equally binding between the successful bidder and Fannin County. No different or additional terms will become part of this contract with the exception of a Change Order.

CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by Fannin County Purchasing Agent.

IF DURING the life of the contract, the successful bidder's net prices to other customers for commodities awarded herein are reduced below the contracted price, it is understood and agreed that the benefits of such reduction shall be extended to Fannin County.

DELIVERY: All delivery and freight charges (FOB Fannin County designated location) are to be included in the bid price.

DELIVERY TIME: Bids shall show number of days required to place commodity(ies) at the County's designated location. Failure to state delivery time may cause bid to be rejected. Successful bidder shall notify the Purchasing Department immediately if delivery schedule cannot be met. If delay is foreseen, successful bidder shall give written notice to the Purchasing Agent. The County has the right to extend delivery time if reason appears valid. Successful bidder must keep the Purchasing Department advised at all times of the status of the order.

CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with, Local Government Code Title 5, Subtitled C, Chapter 171.

ETHICS: The bidder shall not accept or offer gifts or anything of value nor enter into any business arrangement with any employee, official or agent of Fannin County.

EXCEPTION/SUBSTITUTIONS: All bids meeting the intent of this invitation to bid will be considered for award. Bidders taking exception to the specifications, or offering substitutions, shall state these exceptions in the section provided or by attachment as part of the bid.

The absence of such a list shall indicate that the bidder has not taken exceptions and shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. Fannin County Commissioners Court reserves the right to accept any and/or all/none of the exception(s)/substitution(s) deemed to be in the best interest of the County.

DESCRIPTIONS: Any reference to model and/or make/manufacturer used in bid specifications is descriptive, not restrictive. It is used to indicate the type and quality desired. Bids on commodities of like quality will be considered.

BID MUST COMPLY with all federal, state, county and local laws concerning this type of commodity(ies).

DESIGN, STRENGTH, QUALITY of materials and workmanship must conform to the highest standards of manufacturing and engineering practice.

ALL COMMODITIES must be new and unused, unless otherwise specified, in first-class condition and of current manufacture.

MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements:

1.) have adequate financial resources, or the ability to obtain such resources as required;

2.) be able to comply with the required or proposed delivery schedule;

3.) have a satisfactory record of performance;

4.) have a satisfactory record of integrity and ethics;

5.) be otherwise qualified and eligible to receive an award.

Fannin County may request representation and other information sufficient to determine bidder's ability to meet these minimum standards listed above.

BIDDER SHALL PROVIDE with this bid response, all documentation required by this IFB. Failure to provide this information may result in rejection of bid.

SUCCESSFUL BIDDER SHALL defend, indemnify and hold harmless Fannin County and all its officers, agents and employees from all suits, actions, or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the successful bidder, or of any agent, employee, subcontractor or supplier in the execution of, or performance under, any contract which may result from bid award.

Successful bidder shall pay any judgment with cost which may be obtained against Fannin County growing out of such injury or damages.

TERMINATION OF CONTRACT: This contract shall remain in effect until contract expires, delivery/completion and acceptance of products and/or services ordered or terminated by either party with a thirty (30) days written notice prior to any cancellation. The successful bidder must state therein the reasons for such cancellation. Fannin County reserves the right to award cancelled contract to next lowest and best bidder as it deems to be in the best interest of the County.

TERMINATION FOR DEFAULT: Fannin County reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the County in the event of breach or default of this contract. Fannin County reserves the right to terminate the contract immediately in the event the successful bidder fails to: 1.) meet delivery or completion schedules, or 2.) otherwise perform in accordance with these specifications. Breach of contract or default authorizes the County to award to another bidder, purchase elsewhere and charge the full increase in cost and handling to the defaulting successful bidder.

TESTING: Testing may be performed at the request of Fannin County, by an agent so designated, without expense to Fannin County.

PATENTS/COPYRIGHTS: The successful bidder agrees to protect Fannin County from claims involving infringements of patents and/or copyrights.

CONTRACT ADMINISTRATOR: Under this contract, Fannin County may appoint a contract administrator with designated responsibility to ensure compliance with contract requirements, such as but not limited to, acceptance, inspection and delivery. The contract administrator will serve as liaison between the Fannin County Purchasing Department (which has the overall contract administration responsibilities) and the successful bidder.

PACKING SLIPS or other suitable shipping documents shall accompany each shipment and shall show: (a) name and address of successful bidder, (b) name and address of receiving department and/or delivery location, (c) Fannin County Purchase Order number, and (d) descriptive information as to the commodity(ies) delivered, including product code, item number, quantity, number of containers, etc..

INVOICES shall show all information as stated above and shall be mailed directly to the Fannin County Auditor's Office, 101 E. Sam Rayburn, Suite 303, Bonham, Texas 75418.

IN ACCORDANCE with the State of Texas Prompt Payment Act, Article 601f V.T.C.S., payment will be made after receipt and acceptance by the County of the merchandise ordered and of a valid invoice. Successful bidder(s) is required to pay subcontractors within ten (10) days after the successful bidder receives payment from the County.

SAMPLES: When requested, samples shall be furnished free of expense to Fannin County.

WARRANTY: Successful bidder shall warrant that all commodities shall conform to the proposed specifications and/or all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title.

REMEDIES: The successful bidder and Fannin County agree that both parties have all rights, duties, and remedies available as stated in the Uniform Commercial Code.

VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Fannin County, Texas.

ASSIGNMENT: The successful bidder shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of Fannin County.

SILENCE OF SPECIFICATION: The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

Fannin County reserves the right to reject bids and refuse to contract with person (s) indebted to the County under LGC 262.0276.

ANY QUESTIONS concerning this Invitation for Bid and Specifications should be directed to the Purchasing Department at

(903) 583-0054, Edwina Lane - Purchasing Agent.

ANY BIDS RECEIVED AFTER THE SPECIFIED TIME WILL BE RETURNED TO THE SENDER UNOPENED. THE FANNIN COUNTY COMMISSIONERS’ COURT RESERVES THE RIGHT TO ACCEPT OR REJECT ANY OR ALL BIDS. EACH BID

SUBMITTED MUST BE PROPERLY SIGNED.

THE CONTRACT EFFECTIVE DATES WILL BE FOR ONE FULL YEAR FROM THE DATE OF ACCEPTANCE BY FANNIN

COUNTY COMMISSIONERS’ COURT.

PREFERENTIAL REQUIREMENT: The County of Fannin, as a governmental agency of the State of Texas, may not award a contract for general construction, improvements, services or public works projects or purchases of supplies, materials, or equipment to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located (Article 601g V.T.C.S.). Bidder shall make answer to the following questions by encircling the appropriate response or completing the blank provided:

1.) Is your principal place of business in the State of Texas? yes no

2.) If the answer to question 1 is "yes", no further information is necessary; if "no", please indicate:

a.) in which state your principal place of business is located:

b.) if that state favors resident bidders (bidders in your state) by some dollar increment or percentage: yes no c.) if "yes", what is that dollar increment or percentage?

HAVING READ AND UNDERSTOOD THE INSTRUCTIONS, TERMS, CONDITIONS, SPECIFICATIONS AND INVITATION TO BID, WE SUBMIT THE FOLLOWING IN RESPONSE TO FORMAL BID INVITATION AND HEREBY FURTHER AGREE TO PROVIDE TO THE COUNTY ANY AND ALL INVOICES IT MAY REQUIRE FOR PRICING VERIFICATION UNDER THIS

CONTRACT:

Any questions concerning this bid are directed to Edwina Lane, Fannin County Purchasing Agent at 903-583-0054.

Comments/Exceptions: