Vehicle_Rental_for_Various_Collin_County_Departments.pdf

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/collincountytx

Collin County, TX

INVITATION FOR BID

2025-140

VEHICLE RENTAL FOR VARIOUS COLLIN COUNTY DEPARTMENTS

RELEASE DATE: April 1, 2025

RESPONSE DEADLINE: April 24, 2025, 2:00 pm

Please refer to the project timeline in this document for all important deadlines.

Invitation For Bid #2025-140 Title: Vehicle Rental for Various Collin County Departments

Table Of Contents

1. INTRODUCTION

2. SPECIAL CONDITIONS AND SPECIFICATIONS

3. SCOPE OF WORK

4. INSURANCE REQUIREMENTS

5. PRICING TABLE

6. GENERAL INSTRUCTIONS

7. TERMS OF CONTRACT

8. VENDOR RESPONSE

Attachments:

A - Legal Notice

B - Conflict of Interest Form (if needed)

C - W9

1. INTRODUCTION

1.1. SUMMARY

This Invitation for Bid describes in detail the contract to rent various types of vehicles for Collin County's use.

These vehicles include, but are not limited to Standard Sedans, Minivans, Full Size SUVs, Large Pick-Up Trucks, Passenger Vans, etc.

1.2. TIMELINE

Release Project Date: April 1, 2025

Question Submission Deadline: April 14, 2025, 5:00pm

Response Submission Deadline: April 24, 2025, 2:00pm

2. SPECIAL CONDITIONS AND SPECIFICATIONS

2.1. AUTHORIZATION

By order of the Commissioners Court of Collin County, Texas sealed bids will be received for Vehicle Rental for

Various Collin County Departments.

2.2. PURPOSE

The intended use/purpose for this Invitation For Bid:

This Invitation for Bid describes in detail the contract to rent various types of vehicles for Collin County's use.

These vehicles include, but are not limited to Standard Sedans, Minivans, Full Size SUVs, Large Pick-Up Trucks, Passenger Vans, etc.

2.3. TERM

Provide for an annual contract commencing upon Commissioners Court award date or May 22, 2025, whichever is the latter, and continuing for a one (1) year period. Collin County reserves the right to renew this contract under the same terms and conditions for two (2) additional one (1) year terms as it deems in the best interest of the County.

2.4. FUNDING

Funds for payment for Collin County expenditures have been provided through the Collin County budget approved by the Commissioners Court for this fiscal year only. All other participating entities expenditures have been provided through their entity’s governing body for this fiscal year only. State of Texas statutes prohibit any obligation of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that arise past the end of the current fiscal year shall be subject to budget approval.

2.5. PRICE REDUCTION

If during the life of the contract, the vendor's net prices to its customers for the same product(s) and/or services shall be reduced below the contracted price, it is understood and agreed that Collin County shall receive such price reduction.

2.6. PRICE REDETERMINATION

A price redetermination may be considered by Collin County only at the twelve (12) month and twenty-four

(24) month anniversary dates of the contract. All requests for price redetermination shall be in written form and shall include documents supporting price redetermination such as Manufacturer's direct cost, postage rates, Railroad Commission rates, Federal/State minimum wage law, Federal/State unemployment taxes, F.I.C.A, Insurance Coverage Rates, etc. The bidder's past experience of honoring contracts at the bid price will be an important consideration in the evaluation of the lowest and best bid. Collin County reserves the right to accept or reject any/all of the price redetermination as it deems to be in the best interest of the County.

2.7. DELIVERY TIME

Successful vendor shall be responsible for delivery and pick-up of vehicles to and from Collin County. Collin

County reserves the right to pick up and return vehicles to the vendor’s location. If vendor has multiple branches/location, Collin County shall have the option of picking up, dropping off or exchanging vehicles at any vendor branch/location. Vehicles shall be subject to the Collin County approval. If vehicle(s) are found to be unsatisfactory, the vehicle(s) will be replaced at no additional expense to the County.

2.8. DELIVERY/SETUP/PICKUP LOCATION

Locations for delivery/pickup will be stated on each ordering entity’s purchase order. All orders shall include delivery, registration, maintenance, window tint, and repairs and these must be included in the bid price.

2.9. TESTING

Testing may be performed at the request of Collin County, by an agent so designated by the County, without expense to Collin County or the Collin County Governmental Purchasers Forum.

2.10. SAMPLES/DEMOS

When requested, samples/demos shall be furnished to the County at no expense.

2.11. EQUIPMENT

All vehicles bid shall be late-model vehicle(s), no older than 2023 models with less than 30,000 miles.

Vehicle(s) are to be under original factory warranty and no older than two model years of the date of the rental. Collin County will assume no repair costs to vehicle(s) that suffers mechanical failure or equipment failure. All vehicles shall have the following standard equipment: Minimum 6 cylinders for pickup trucks.

Factory installed air conditioning, automatic transmission with overdrive if offered. Power steering, power brakes, power windows, power door locks, tilt steering wheel and cruise control must be included. Upgraded wheels and deluxe interior must be included. Tires shall be new or with a minimum of three-quarter (3/4) tread life still intact. Load range appropriate for vehicle.

2.12. ADDITION/DELETION OF VEHICLES

Collin County reserves the right to make changes to the contract, based upon the need of Collin County. Collin

County reserves the right to temporarily discontinue rental of any particular vehicle(s) if it is determined by

Collin County to be in the best interest of the County. At the same time Collin County reserves the right to resume those services temporarily halted. If this occurs, Collin County will negotiate deletions/additions and issue a change order. A thirty (30) day written notice will be issued by the Purchasing Department.

2.13. EXCHANGE

The County reserves the right to exchange rental vehicles at any time, giving twenty-four (24) hours notice.

Collin County will provide a list of persons authorized to approve exchange of any vehicles upon award of bid.

The bidder shall be responsible for delivery and pick up of exchange vehicles to Collin County or a location agreed upon by both parties. If vendor has multiple branches/location, Collin County shall have the option of picking up, dropping off or exchanging vehicles at any vendor branch/location. Vehicles shall be subject to the

Collin County approval.

2.14. MILEAGE

The monthly rental rates bid shall include an allowance for 3,500 miles per month, per vehicle. Vendor shall also provide the bid price per additional mile when it is over 3,500 miles. There are separate line items that are asking for monthly rental rates bid including an allowance for unlimited miles per vehicle.

2.15. MAINTENANCE AND REPAIRS

All manufacturers suggested scheduled maintenance, such as, but not limited to: oil changes, tire rotation/replacement, brakes, etc., shall be the responsibility of the successful vendor. The successful vendor shall take over the vehicle that needs any maintenance and provide the County a similar vehicle that satisfies

County’s need, while waiting to get the previous vehicle maintenance completed. All necessary repairs not due to negligence or accident shall be the responsibility of the successful vendor. Factory warranties shall apply and warranty repairs will be done at local dealerships. Vendor shall be required to have a location in or near McKinney, for routine maintenance work such as oil changes, etc. Vendor may contract with a local company to provide these services to the County at the vendor’s expense.

2.16. REPLACEMENT VEHICLES

The vendor shall provide replacement vehicles for any vehicle that is returned for repairs. The rental vehicle shall cease when the vendor is given notice that the vehicle has been taken out of service.

2.17. REGISTRATION

Vendor shall be responsible for registration of all vehicles with the Department of Public Safety. During the term of the contract vendor shall be responsible for insuring that all vehicles are properly registered and windshield stickers are current at all times.

2.18. SECURITY

Vendor shall be required to provide a secure procedure to avoid divulging Collin County as lessee. Security procedures must be approved and accepted by Collin County. Bidder shall submit with the bid submittal an outline of the security procedures used by their respective company.

2.19. WINDOW TINT

Vehicles shall be equipped with deep tinted windows using 3M Scotchtint, or equal, set at no less than 5% and no more than 20% tint for all windows or similar type.

2.20. VEHICLES AVAILABLE

Bidder shall state in the space provided on the bid form, the corresponding monthly rental price for each type vehicle available for rent.

2.21. INVOICING

Successful vendor must be able to provide monthly invoice to the County within 30 days of usage of service.

The monthly invoice needs to be separated per department when multiple County departments utilizing the service in the same month. This time sensitive nature is due to some county departments who utilize this service need to make payment with grand funding.

2.22. APPROXIMATE VALUE

Estimated annual value of this contract is $115,000 but varies per year based on usage.

2.23. EVALUATION AND AWARD

Award of this contract shall be made to the responsive bidder who submits the lowest and best bid meeting specifications. Collin County reserves the right to award the bid, or reject, by line item, category, or as a whole as the County deems in its best interest. Collin County further reserves the right to make a primary, secondary and tertiary award of this contract.

3. SCOPE OF WORK

3.1. Scope of Services

Bidder must provide daily and monthly rental pricing for various vehicles, including those listed below:

• Economy Sedan

• Compact Sedan

• Intermediate Sedan

• Standard Sedan

• Full Size Sedan

• Premium Sedan

• Minivan

• Midsize SUV

• Standard SUV

• Full Size SUV

• Premium SUV

• Small Pick-Up Truck

• Large Pick-Up Truck

• Mini Cargo Van/HD Mini Cargo Van

• Cargo Van/HD Cargo Van

• XL Cargo Van/HD XL Cargo Van

• Intermediate Hybrid Sedan

• Full Size Hybrid Sedan

• Jeep/Crossover

• Convertible

• 12 Seat Passenger Van

• 15 Seat Passenger Van

• Electrical Vehicle

Pricing must include delivery, set-up, maintenance, repairs, and registration.

3.2. Sedans - Size Classifications

Economy Sedan

• Two-Door Sedan

• Comfortably seats two (2) adults

• Small, Fuel-Efficient Car

• Can maneuver through tight spaces

Compact Sedan

• Four-Door Sedan

• Slightly bigger than an economy sedan

• More interior space than an economy sedan, but less than an intermediate sedan

• More trunk space than an economy sedan, but less than an intermediate sedan

• Comfortably seats four (4) to five (5) adults

Intermediate Sedan

• Four-Door Sedan

• Mid-Sized Sedan

• More interior space than a compact sedan, but less than a standard sedan

• More trunk space than a compact sedan, but less than a standard sedan

• Comfortably seats four (4) to five (5) adults

Standard Sedan

• Four-Door Sedan

• More interior space than an intermediate sedan, but less than a full-size sedan

• More trunk space than an intermediate sedan, but less than a full-size sedan

• Comfortably seats five (5) adults

Full-Size Sedan

• Four-Door Sedan

• More interior space than a standard sedan

• More leg room than a standard sedan

• More trunk space than a standard sedan

• Comfortably seats five (5) adults

Premium Sedan

• Four-Door Sedan

• Similar in size to a full-size sedan

• More features and amenities than a Full-Size Sedan

• Comfortably seats five (5) adults

3.3. Pickups - Size Classifications

Small Pick-Up Truck

• More fuel efficient than large pick-up truck

• More compact than a large pick-up truck.

• Less towing capacity than a large pick-up truck

• Suitable for smaller loads like boxes and small furniture.

Large Pick-Up Truck

• Greater towing capacity than a small pick-up truck.

• Ability to tow a trailer.

• Suitable for transporting bulky items, large furniture, and large quantities of materials.

3.4. SUVs - Size Classifications

Midsize SUV

• Compact SUV

• Most fuel efficient of the SUVs

• Two (2) or three (3) rows of seats

• Comfortably seats five (5) adults

Standard SUV

• Two (2) or three (3) rows of seats

• Larger than the midsize SUV but smaller than a full size SUV

• Comfortably seats five (5) adults

Full Size SUV

• Typically three (3) rows of seats

• Comfortably seats seven (7) to nine (9) adults

• More space than a standard SUV

Premium SUV

• Typically three (3) rows of seats

• Comfortably seats seven (7) to nine (9) adults

• Slightly bigger than a full-size SUV

• More features and amenities than a Full-Size SUV

3.5. Vans - Size Classifications

Minivan

• Bigger than a Premium SUV

• Comfortably seats seven (7) to nine (9) passengers.

Mini Cargo Van/HD Mini Cargo Van

• HD designates Heavy Duty

• Most fuel efficient

• Less Cargo Space than the Cargo Van

• Comfortably seats two (2) adults

Cargo Van/HD Cargo Van

• HD designates Heavy Duty

• Larger Cargo Space than the Mini Cargo Van

• Less Cargo Space than the XL Cargo Van

• Comfortably seats two (2) adults

XL Cargo Van/HD XL Cargo Van

• HD designates Heavy Duty

• Larger Cargo Space than the HD Cargo Van

• Comfortably seats two (2) adults

12 Seat Passenger Van

• Comfortably seats twelve (12) adults

15 Seat Passenger Van

• Comfortably seats fifteen (15) adults

3.6. Alternates

If bidding an alternate, please fill in the columns 'Alternate Description', 'Alternate Unit of Measure', and

'Alternate Price' on the line that corresponds with the item the alternate is replacing.

3.7. Clarification for Line 24 - Additional Cost per Mile for Mileage Over 3,500

If bidder does not charge an additional cost per mile for mileage over 3,500 miles per month, please record this as zero.

If bidder uses a different increment to describe the cost for mileage over 3,500 miles per month (Ex: a lump sum of $____ for each month where the mileage is over 3,500 miles per month), please fill in the columns

'Alternate', 'Alternate Unit of Measure', and 'Alternate Price'.

4. INSURANCE REQUIREMENTS

1. Before commencing work, the vendor shall be required, at its own expense, to furnish the Collin County

Purchasing Agent with certified copies of all insurance certificate(s) indicating the coverage to remain in force throughout the term of this contract.

1. Commercial General Liability insurance including but not limited to the coverage indicated below. Coverage shall not exclude or limit Products/Completed Operations, Contractual Liability, or

Cross Liability. Coverage must be written on occurrence form.

Each Occurrence $1,000,000

Personal Injury &Adv Injury $1,000,000

Products/Completed Operation Aggregate $2,000,000

General Aggregate $2,000,000

ii. Commercial Automobile Liability insurance which includes any automobile (owned, non-owned, and hired vehicles) used in connection with the contract.

Combined Single Limit - Each Accident $2,000,000

2. With reference to the foregoing insurance requirement, the vendor shall endorse applicable insurance policies as follows:

i. A waiver of subrogation in favor of Collin County, its officials, employees, volunteers and officers shall be provided for General Liability, Commercial Automobile Liability, and Workers’ Compensation.

ii. The vendor's insurance coverage shall name Collin County as additional insured under the General Liability policy.

iii. All insurance policies shall be endorsed to require the insurer to immediately notify Collin County of any decrease in the insurance coverage limits.

iv. All insurance policies shall be endorsed to the effect that Collin County will receive at least thirty (30) days notice prior to cancellation, non-renewal or termination of the policy.

v. All copies of Certificates of Insurance shall reference the project/contract number.

3. All insurance shall be purchased from an insurance company that meets the following requirements:

i. A financial rating of A-VII or higher as assigned by the BEST Rating Company or equivalent.

4. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain provisions representing and warranting the following:

i. Sets forth all endorsements and insurance coverages according to requirements and instructions contained herein.

ii. Sets forth the notice of cancellation or termination to Collin County.

5. PRICING TABLE

MONTHLY RATES

Line Item Description Quantity Unit of

Measure Monthly

Rate Total No Bid Alternate

Description Alternate

Unit of

Measure

Alternate

Price

1 Economy

Sedan 1 Month

2 Compact

Sedan 1 Month

3 Intermediate

Sedan 1 Month

4 Standard

Sedan 1 Month

5 Full Size Sedan 1 Month

6 Premium

Sedan 1 Month

7 Minivan 1 Month

8 Midsize SUV 1 Month

9 Standard SUV 1 Month

10 Full Size SUV 1 Month

11 Premium SUV 1 Month

12 Small Pick-Up

Truck 1 Month

13 Large Pick-Up

Truck 1 Month

14 Mini Cargo

Van/HD Mini

Cargo Van

1 Each

15 Cargo Van/HD

Cargo Van 1 Month

16 XL Cargo

Van/HD XL

Cargo Van

1 Month

Line Item Description Quantity Unit of

Measure Monthly

Rate Total No Bid Alternate

Description Alternate

Unit of

Measure

Alternate

Price

17 Intermediate

Hybrid Sedan 1 Month

18 Full Size Hybrid

Sedan 1 Month

19 Jeep/Crossover 1 Month

20 Convertible 1 Month

21 12 Seat

Passenger Van 1 Month

22 15 Seat

Passenger Van 1 Month

23 Electrical

Vehicle 1 Month

24 Price per Mile

Over 3,500

Miles

1 Mile

25 Additional

Monthly Cost for Vehicle with Unlimited

Miles

1 Month

26 State Price for

Lockable Truck

Toolbox

1 Month

27 State Price for

Truck Bed Mat 1 Each

28 State Price for

Additional Set of Keys for

Vehicle

1 Each

TOTAL

6. GENERAL INSTRUCTIONS

6.1. DEFINITIONS

1. Bidder: refers to submitter.

2. Vendor/Contractor/Provider: refers to a Successful Bidder/Contractor/Service Provider.

3. Submittal: refers to those documents required to be submitted to Collin County, by a Bidder.

4. IFB: refers to Invitation For Bid.

6.2. GENERAL INSTRUCTIONS

1. If Bidder does not wish to submit an offer at this time, please submit a No Bid.

2. Awards shall be made not more than ninety (90) days after the time set for opening of Submittals.

3. Collin County is always conscious and extremely appreciative of your time and effort in preparing your

Submittal.

4. Collin County exclusively uses OpenGov eProcurement for the notification and dissemination of all solicitations. The receipt of solicitations through any other company may result in your receipt of incomplete specifications and/or addenda which could ultimately render your bid non-compliant.

Collin County accepts no responsibility for the receipt and/or notification of solicitations through any other company.

5. A bid may not be withdrawn or canceled by the bidder prior to the ninety-first (91st) day following public opening of Submittals and only prior to award.

6. It is understood that Collin County, Texas reserves the right to accept or reject any and/or all Bids for any or all products and/or services covered in an Invitation For Bid (IFB), and to waive informalities or defects in Submittals or to accept such Submittals as it shall deem to be in the best interest of Collin

County.

7. All IFBs submitted in hard copy paper form shall be submitted in a sealed envelope, plainly marked on the outside with the IFB number and name. A hard copy paper form Submittal shall be manually signed in ink by a person having the authority to bind the firm in a contract. Submittals shall be mailed or hand delivered to the Collin County Purchasing Department.

8. Submittals via email, oral, telegraphic or telephonic will not be accepted. IFBs may be submitted in electronic format via https://procurement.opengov.com/portal/collincountytx/projects/144852.

9. All IFBs submitted electronically via the eProcurement Portal shall remain locked until official date and time of opening as stated in the Special Terms and Conditions of the IFB.

10. Time/date stamp clock in Collin County Purchasing Department shall be the official time of receipt for all IFBs submitted in hard copy paper form only, no flash drives, CD-ROMs or any other form of “plug and play” portable storage device will be accepted as a Submittal. IFBs received in the Collin County

Purchasing Department after submission deadline shall be considered void and unacceptable. Absolutely no late Submittals will be considered. Collin County accepts no responsibility for technical difficulties related to electronic Submittals.

11. For hard copy paper form Submittals, any alterations made prior to opening date and time must be initialed by the signer of the IFB guaranteeing authenticity. Submittals cannot be altered or amended after submission deadline.

12. Collin County is by statute exempt from the State Sales Tax and Federal Excise Tax; therefore, the prices submitted shall not include taxes.

13. Any interpretations, corrections and/or changes to an IFB, and related Specifications or extensions to the opening/receipt date will be made by addenda to the respective document by the Collin County

Purchasing Department. Questions and/or clarification requests must be submitted no later than the date specified in the solicitation. Those received at a later date may not be addressed prior to the public opening. Sole authority to authorize addenda shall be vested in Collin County Purchasing Agent as entrusted by the Collin County Commissioners Court. Addenda may be transmitted electronically via

Collin County eProcurement Portal.

14. Addenda will be transmitted to all that are known to have received a copy of the IFB/RFQ/RFP/RFI/CSP and related Specifications. However, it shall be the sole responsibility of the Bidder/Quoter/Offeror to verify issuance/non-issuance of addenda and to check all avenues of document availability (i.e. the eProcurement portal, telephoning Purchasing Department directly, etc.) prior to opening/receipt date and time to insure Bidder’s/Quoter’s/Offeror’s receipt of any addenda issued. Bidder/Quoter/Offeror shall acknowledge receipt of all addenda.

15. All materials and services shall be subject to Collin County approval.

16. Collin County reserves the right to make award in whole or in part as it deems to be in the best interest of the County.

17. Any reference to model/make and/or manufacturer used in specifications is for descriptive purposes only. Products/materials of like quality will be considered.

18. Bidders offering substitutions to the specifications shall do so at their own risk. By offering substitutions, Bidder shall state these in the section provided in the IFB or by attachment. Substitution, if accepted, must meet or exceed specifications stated therein. Collin

County reserves the right to accept or reject any and/or all of the substitution(s) deemed to be in the best interest of the County.

19. Minimum Standards for Responsible Prospective Bidders: A prospective Bidder must meet the following minimum requirements:

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

ii. be able to comply with the required or proposed delivery/completion schedule;

iii. have a satisfactory record of performance;

iv. have a satisfactory record of integrity and ethics;

v. be otherwise qualified and eligible to receive an award.

20. Collin County may request documentation and other information sufficient to determine Bidder's ability to meet these minimum standards listed above.

21. Vendor shall bear any/all costs associated with its preparation of an IFB.

22. Public Information Act: Collin County is governed by the Texas Public Information Act, Chapter 552 of the Texas Government Code. All information submitted by prospective Bidders during the bidding process is subject to release under the Act.

23. The Bidder shall comply with Commissioners Court Order No. 2004-167-03-11, County Logo Policy.

24. Interlocal Agreement: Successful Bidder agrees to extend prices and terms to all entities that has entered into or will enter into joint purchasing interlocal cooperation agreements with Collin County.

Delivery to governmental entities located within Collin County will be at no additional charge or as otherwise provided for in the award document. Delivery charges, if any, for governmental entities located outside of Collin County shall be negotiated between the Vendor and each governmental entity.

25. Bid Openings: All bids submitted will be read at the County’s regularly scheduled bid opening for the designated project. However, the reading of a bid at bid opening should be not construed as a comment on the responsiveness of such bid or as any indication that the County accepts such bid as responsive.

26. The County will make a determination as to the responsiveness of bids submitted based upon compliance with all applicable laws, Collin County Purchasing Guidelines, and project documents, including but not limited to the project specifications and contract documents. The County will notify the successful Bidder upon award of the contract and, according to state law; all bids received will be available for inspection at that time.

27. Bidder shall comply with all local, state and federal employment and discrimination laws and shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin or any other class protected by law.

7. TERMS OF CONTRACT

7.1. TERMS OF CONTRACT

1. A bid, when properly accepted by Collin County, shall constitute a contract equally binding between the Vendor/Contractor/Provider and Collin County. No different or additional terms will become part of this contract with the exception of a Change Order.

2. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All Amendments and/or Change Orders to the contract will be made in writing by Collin County Purchasing Agent.

3. No public official shall have interest in the contract, in accordance with Local Government Code Title 5, Subtitle C, Chapter 171.

4. The Vendor/Contractor/Provider shall comply with Commissioners’ Court Order No. 96-680-10-28, Establishment of Guidelines & Restrictions Regarding the Acceptance of Gifts by County Officials &

County Employees.

5. Design, strength, quality of materials and workmanship must conform to the highest standards of manufacturing and engineering practice.

6. Bids must comply with all federal, state, county and local laws concerning the type(s) of product(s)/service(s)/equipment/project(s) contracted for, and the fulfillment of all ADA (Americans with Disabilities Act) requirements.

7. All products must be new and unused, unless otherwise specified, in first-class condition and of current manufacture. Obsolete products, including products or any parts not compatible with existing hardware/software configurations will not be accepted.

8. Vendor/Contractor/Provider shall provide any and all notices as may be required under the Drug-Free

Work Place Act of 1988, 28 CFR Part 67, Subpart F, to its employees and all sub-contractors to insure that Collin County maintains a drug-free work place.

9. Vendor/Contractor/Provider shall defend, indemnify and save harmless Collin County and all its officers, agents and employees and all entities, their officers, agents and employees who are participating in this contract from all suits, claims, actions, damages (including personal injury and or property damages), or demands of any character, name and description, (including attorneys’ fees, expenses and other defense costs of any nature) brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of Vendor/Contractor/Provider’s breach of the contract arising from an award, and/or any negligent act, error, omission or fault of the

Vendor/Contractor/Provider, or of any agent, employee, subcontractor or supplier of

Vendor/Contractor/Provider in the execution of, or performance under, any contract which may result from an award. Vendor/Contractor/Provider shall pay in full any judgment with costs, including attorneys’ fees and expenses which are rendered against Collin County and/or participating entities arising out of such breach, act, error, omission and/or fault.

10. Expenses for Enforcement. In the event either Party hereto is required to employ an attorney to enforce the provisions of this Agreement or is required to commence legal proceedings to enforce the provisions hereof, the prevailing Party shall be entitled to recover from the other, reasonable attorney's fees and court costs incurred in connection with such enforcement, including collection.

11. If a contract, resulting from a Collin County IFB is for the execution of a public work, the following shall apply:

12. In accordance with V.T.C.A. 2253.021, a governmental agency that makes a public work contract with a prime contractor shall require the contractor, before beginning work, to execute to the governmental entity a Payment Bond if the contract is in excess of $25,000.00. Such bond shall be in the amount of the contract payable to the governmental entity and must be executed by a corporate surety in accordance with Section 1, Chapter 87, Acts of the 56th Legislature, Regular Session, 1959 (Article

7.19-1 Vernon’s Texas Insurance Code).

13. In accordance with V.T.C.A. 2253.021, a governmental agency that makes a public work contract with a prime contractor shall require the contractor, before beginning work, to execute to the governmental entity a Performance Bond if the contract is in excess of $100,000.00. Such bond shall be in the amount of the contract payable to the governmental entity and must be executed by a corporate surety in accordance with Section 1, Chapter 87, Acts of the 56th Legislature, Regular Session, 1959

(Article 7.19-1 Vernon’s Texas Insurance Code).

14. Purchase Order(s) shall be generated by Collin County to the vendor. Collin County will not be responsible for any orders placed/delivered without a valid purchase order number.

15. The contract shall remain in effect until any of the following occurs: delivery of product(s) and/or completion and acceptance by Collin County of product(s) and/or service(s), contract expires or is terminated by either party with thirty (30) days written notice prior to cancellation and notice must state therein the reasons for such cancellation. Collin County reserves the right to terminate the contract immediately in the event the Vendor/Contractor/Provider fails to meet delivery or completion schedules, or otherwise perform in accordance with the specifications. Breach of contract or default authorizes the County to purchase elsewhere and charge the full increase in cost and handling to the defaulting Vendor/Contractor/Provider.

16. Collin County Purchasing Department shall serve as Contract Administrator or shall supervise agents designated by Collin County.

17. All delivery and freight charges (FOB Inside delivery at Collin County designated locations) are to be included as part of the bid price. All components required to render the item complete, installed and operational shall be included in the total bid price. Collin County will pay no additional freight/delivery/installation/setup fees.

18. Vendor/Contractor/Provider shall notify the Purchasing Department immediately if delivery/completion schedule cannot be met. If delay is foreseen, the Vendor/Contractor/Provider shall give written notice to the Purchasing Agent. The County has the right to extend delivery/completion time if reason appears valid.

19. The title and risk of loss of the product(s) shall not pass to Collin County until Collin County actually receives and takes possession of the product(s) at the point or points of delivery. Collin County shall generate a purchase order(s) to the Vendor/Contractor/Provider and the purchase order number must appear on all itemized invoices.

20. Invoices shall be mailed directly to the Collin County Auditor's Office, 2300 Bloomdale Road, Suite

3100, McKinney, Texas 75071. All invoices shall show:

i. Collin County Purchase Order Number;

ii. Vendor’s/Contractor’s/Provider’s Name, Address and Tax Identification Number;

iii. Detailed breakdown of all charges for the product(s) and/or service(s) including applicable time frames.

iv. Payment will be made in accordance with Government Code, Title 10, Subtitle F, Chapter 2251.

21. All warranties shall be stated as required in the Uniform Commercial Code.

22. The Vendor/Contractor/Provider and Collin County agree that both parties have all rights, duties, and remedies available as stated in the Uniform Commercial Code.

23. The Vendor/Contractor/Provider agree to protect Collin County from any claims involving infringements of patents and/or copyrights.

24. The contract will be governed by the laws of the State of Texas. Should any portion of the contract be in conflict with the laws of the State of Texas, the State laws shall invalidate only that portion. The remaining portion of the contract shall remain in effect. The contract is performable in Collin County, Texas.

25. The Vendor/Contractor/Provider shall not sell, assign, transfer or convey the contract, in whole or in part, without the prior written approval from Collin County.

26. The apparent silence of any part of the specification 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 the specification shall be made on the basis of this statement.

27. Vendor/Contractor/Provider shall not fraudulently advertise, publish or otherwise make reference to the existence of a contract between Collin County and Vendor/Contractor/Provider for purposes of solicitation. As exception, Vendor/Contractor/Provider may refer to Collin County as an evaluating reference for purposes of establishing a contract with other entities.

28. The Vendor/Contractor/Provider understands, acknowledges and agrees that if the

Vendor/Contractor/Provider subcontracts with a third party for services and/or material, the primary

Vendor/Contractor/Provider (awardee) accepts responsibility for full and prompt payment to the third party. Any dispute between the primary Vendor/Contractor/Provider and the third party, including any payment dispute, will be promptly remedied by the primary vendor. Failure to promptly render a remedy or to make prompt payment to the third party (subcontractor) may result in the withholding of funds from the primary Vendor/Contractor/Provider by Collin County for any payments owed to the third party.

29. Vendor/Contractor/Provider shall provide Collin County with diagnostic access tools at no additional cost to Collin County, for all Electrical and Mechanical systems, components, etc., procured through this contract.

30. Criminal History Background Check: If required, ALL individuals may be subject to a criminal history background check performed by Collin County prior to access being granted to Collin County facilities.

Upon request, Vendor/Contractor/Provider shall provide list of individuals to the Collin County

Purchasing Department within five (5) working days.

31. Non-Disclosure Agreement: Where applicable, vendor shall be required to sign a non-disclosure agreement acknowledging that all information to be furnished is in all respects confidential in nature, other than information which is in the public domain through other means and that any disclosure or use of same by vendor, except as provided in the contract/agreement, may cause serious harm or damage to Collin County. Therefore, Vendor agrees that Vendor will not use the information furnished for any purpose other than that stated in contract/agreement, and agrees that Vendor will not either directly or indirectly by agent, employee, or representative disclose this information, either in whole or in part, to any third party, except on a need to know basis for the purpose of evaluating any possible transaction. This agreement shall be binding upon Collin County and Vendor, and upon the directors, officers, employees and agents of each.

32. Vendors/Contractors/Providers must be in compliance with the Immigration and Reform Act of 1986 and all employees specific to this solicitation must be legally eligible to work in the United States of

America.

33. Certification of Eligibility: This provision applies if the anticipated Contract exceeds $100,000.00 and as it relates to the expenditure of federal grant funds. By submitting a bid or proposal in response to this solicitation, the Bidder certifies that at the time of submission, he/she is not on the Federal

Government’s list of suspended, ineligible, or debarred contractors. In the event of placement on the list between the time of bid/proposal submission and time of award, the Bidder will notify the Collin

County Purchasing Agent. Failure to do so may result in terminating this contract for default.

34. Notice to Vendors/Contractors/Providers delivering goods or performing services within the Collin

County Detention Facility: The Collin County Detention Facility houses persons who have been charged with and/or convicted of serious criminal offenses. When entering the Detention Facility, you could:

(1) hear obscene or graphic language; (2) view partially clothed male inmates; (3) be subjected to verbal abuse or taunting; (4) risk physical altercations or physical contact, which could be minimal or possibly serious; (5) be exposed to communicable or infectious diseases; (6) be temporarily detained or prevented from immediately leaving the Detention Facility in the case of an emergency or “lockdown”;

and (7) subjected to a search of your person or property. While the Collin County Sheriff’s Office takes every reasonable precaution to protect the safety of visitors to the Detention Facility, because of the inherently dangerous nature of a Detention Facility and the type of the persons incarcerated therein, please be advised of the possibility of such situations exist and you should carefully consider such risks when entering the Detention Facility. By entering the Collin County Detention Facility, you acknowledge that you are aware of such potential risks and willingly and knowingly choose to enter the

Collin County Detention Facility.

35. Delays and Extensions of Time when applicable:

i. If the Vendor/Contractor/Provider is delayed at any time in the commence or progress of the Work by an act or neglect of the Owner or Architect/Engineer, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the

Vendor/Contractor/Provider's control, or by delay authorized by the Owner pending mediation and arbitration, or by other causes which the Owner or Architect/Engineer determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the

Owner/Architect may determine.

ii. If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that the weather conditions had an adverse effect on the scheduled construction.

36. Disclosure of Certain Relationships: Chapter 176 of the Texas Local Government Code requires that any vendor considering doing business with a local government entity disclose the vendor’s affiliation or business relationship that might cause a conflict of interest with a local government entity. Subchapter

6 of the code requires a vendor to file a conflict of interest questionnaire (CIQ) if a conflict exists. By law this questionnaire must be filed with the records administrator of Collin County no later than the

7th business day after the date the vendor becomes aware of an event that requires the statement to be filed. A vendor commits an offense if the vendor knowingly violates the code. An offense under this section is a misdemeanor. By submitting a response to this request, the vendor represents that it is in compliance with the requirements of Chapter 176 of the Texas Local Government Code. Please send completed forms to the Collin County, County Clerk's Office located at 2300 Bloomdale Rd., Suite 2104, McKinney, TX 75071.

37. Disclosure of Interested Parties: Section 2252.908 of the Texas Government Code requires a business entity entering into certain contracts with a governmental entity to file with the governmental entity a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity. Section 2252.908 requires the disclosure form (Form 1295) to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity before the contract may be signed or has a value of at least $1 million. Section 2252.908 provides definitions of certain terms occurring in the section. Section 2252.908 applies only to a contract entered into on or after January 1, 2016.

38. Vendors/Contractors/Providers must be in compliance with the provisions of Section 2252.152 and

Section 2252.153 of the Texas Government Code which states, in part, contracts with companies engaged in business with Iran, Sudan, or Foreign Terrorist Organizations are prohibited. A governmental entity may not enter into a contract with a company that is listed on the Comptroller of the State of Texas website identified under Section 806.051, Section 807.051 or Section 2253.253 which do business with Iran, Sudan or any Foreign Terrorist Organization. This Act is effective

September 1, 2017.

39. Force Majeure: No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the affected party’s reasonable control, including, without limitation: acts of God; flood, fire or explosion; war, invasion, riot or other civil unrest; actions, embargoes or blockades in effect on or after the date of this Agreement; or national or regional emergency (each of the foregoing, a “Force

Majeure Event”). A party whose performance is affected by a Force Majeure Event shall give notice to the other party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event.

NOTE: All other terms and conditions (i.e. Insurance Requirements, Bond Requirements, etc.) shall be stated in the individual IFB Solicitation documents as Special Terms, Conditions and Specifications.

8. VENDOR RESPONSE

The County of Collin, as a governmental agency of the State of Texas, may not award a contract 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 (Government Code, Title 10, Subtitle F, Chapter 2252, Subchapter A). Bidder shall make answer to the following questions by encircling the appropriate response or completing the blank provided:

1. Company Profile

1.1. Is your firm?*

Choose One:

☐ Sole Proprietorship

☐ Partnership

☐ Corporation

*Response required

1.2. List Legal Names in Company*

*Response required

2. Vendor Responses

2.1. Notice*

Collin County exclusively uses OpenGov eProcurement Portal for the notification and dissemination of all solicitations. The receipt of solicitations through any other means may result in your receipt of incomplete specifications and/or addendums which could ultimately render your bid/proposal non-compliant. Collin

County accepts no responsibility for the receipt and/or notification of solicitations through any other means.

☐ Please confirm

*Response required

2.2. Contact Information*

List the contact name, email address and phone number of the main person(s) Collin County should contact in reference to this solicitation. Contact(s) shall be duly authorized List authorized by the company, corporation, firm, partnership or individual to respond to any questions, clarification, and/or offers in response to this solicitation.

*Response required

2.3. Insurance Acknowledgement*

I understand that the insurance requirements of this solicitation are required and are included in the submitted pricing. A certificate of insurance shall be submitted to the Purchasing department if I am awarded all or a portion of the resulting contract.

☐ Please confirm

*Response required

2.4. Subcontractors*

State the business name of all subcontractors and the type of work they will be performing under this contract. If you are fully qualified to self-perform the entire contract, please respond with "Not Applicable-Self

Perform".

*Response required

2.5. Reference No. 1*

List a company or governmental agency, other than Collin County, where these same/like products/services, as stated herein, have been provided. Texas references are preferred.

Include the following: Company/Entity, Contact, Address, City/State/Zip, Phone, and E-Mail.

It is the responsibility of the Bidder/Proposer to ensure submitted references will be responsive to the

County’s requests. The County reserves the right to contact references other than those listed, and to consider any information acquired from all references during the evaluation process.

*Response required

2.6. Reference No. 2*

List a company or governmental agency, other than Collin County, where these same/like products/services, as stated herein, have been provided. Texas references are preferred.

Include the following: Company/Entity, Contact, Address, City/State/Zip, Phone, and E-Mail.

It is the responsibility of the Bidder/Proposer to ensure submitted references will be responsive to the

County’s requests. The County reserves the right to contact references other than those listed, and to consider any information acquired from all references during the evaluation process.

*Response required

2.7. Reference No. 3*

List a company or governmental agency, other than Collin County, where these same/like products/services, as stated herein, have been provided. Texas references are preferred.

Include the following: Company/Entity, Contact, Address, City/State/Zip, Phone, and E-Mail.

It is the responsibility of the Bidder/Proposer to ensure submitted references will be responsive to the

County’s requests. The County reserves the right to contact references other than those listed, and to consider any information acquired from all references during the evaluation process.

2.8. Cooperative Contracts*

As permitted under Title 8, Chapter 271, Subchapter F, Section 271.101 and 271.102 V.T.C.A. and Title 7, Chapter 791, Subchapter C, Section 791.025, V.T.C.A., other local governmental entities may wish to also participate under the same terms and conditions contained in this contract. Each entity wishing to participate must enter into an inter- local agreement with Collin County and have prior authorization from vendor. If such participation is authorized, all purchase orders will be issued directly from and shipped directly to the local governmental entity requiring supplies/services. Collin County shall not be held responsible for any orders placed, deliveries made or payment for supplies/services ordered by these entities. Each entity reserves the right to determine their participation in this contract. Would bidder be willing to allow other local governmental entities to participate in this contract, if awarded, under the same terms and conditions?

☐ Yes

☐ No

*Response required

2.9. Preferential Treatment*

The County of Collin, as a governmental agency of the State of Texas, may not award a contract 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 or a state in which the nonresident is a resident manufacturer.(Government Code, Title 10, V.T.C.A., Chapter 2252, Subchapter A).

1. Is your principal place of business in the State of Texas?

2. If your principal place of business is not in Texas, in which State is your principal place of business?

3. If your principal place of business is not in Texas, does your state favor resident bidders (bidders in your state) by some dollar increment or percentage?

4. If your state favors resident bidders, state by what dollar amount or percentage.

*Response required

2.10. Debarment Certifications*

I certify that neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension,” as described in the Federal Register and Rules and Regulations.

2.11. Immigration and Reform Act*

I declare and affirm that my company is in compliance with the Immigration and Reform Act of 1986 and all employees are legally eligible to work in the United States of America. I further understand and acknowledge that any non-compliance with the Immigration and Reform Act of 1986 at any time during the term of this contract will render the contract voidable by Collin County.

☐ Please confirm

*Response…