Specifications

9. Delivery Penalties:
Delivery terms shall be stated in the detailed bid
specifications. By signing the bid forms the
vendor agrees that they are able to meet the
specified delivery requirements. A penalty fee of
$10.00 per calendar day, for each day the
item(s) ordered are not delivered to the proper
County location may be assessed. In the event
that the item is on backorder through no fault of
the vendor the vendor is required to inform the
County immediately. Late penalty fees shall be
deducted from the invoice once the item is
received by the County.
10. Invoices:
Invoices shall be mailed directly to the ordering
department. Invoices mailed to the incorrect
location may not be forwarded thus causing
delay in payment.
11. Tax on Materials:
In regard to any taxes applicable to this project,
please acquire a copy of form ST-120.1 from the
New York State Department of Taxation and
Finance and follow accordingly. Tompkins
County is tax exempt. Tax exempt certificates, if
required, will be forwarded upon request.
12. Incurred Expenses:
This Invitation to Bid does not commit the
County of Tompkins to award a contract, nor
shall the County of Tompkins be responsible for
any cost or expense which may be incurred by
the bidder in preparing and submitting the bid,
or any cost or expense incurred by the bidder
prior to the execution of a contract.
13. Failure to Perform:
In the event the equipment and/or products fail
to perform to the County’s expectations the
vendor shall, at its own expense, repair or
replace said item(s).
14. Contract(s):
The successful bidder will be required to sign a
Tompkins County contract. Tompkins County
will not sign any company’s service agreement,
contract or any other form of agreement.
Tompkins County reserves the right to extract
certain language from a company’s agreement
and incorporate it into a Tompkins County
contract if mutually agreeable.
15. Financing of Material or Equipment
Purchases:
When any bid includes the lease and/or
purchase of material and/or equipment the
vendor shall submit a price on the bid form
provided by the County. The price offered shall
include all delivery, installation (if applicable),
finance, and any other charges that may be
associated with said purchase or lease. The
County shall only deal with the
contractor/vendor actually submitting the bid
AND arrangements made between the vendor
and any other party as a part of this bid are
strictly between those parties and the County
shall not be included or required to participate
in them in any way. Furthermore, the County
shall only make payments directly to the vendor
awarded a contract and issued a purchase order
or authorization to proceed. The County shall
not make partial or pre-payments of any kind
unless stipulated in the specifications by the
County.
16. Pricing Adjustments:
Pricing adjustments will only be considered at
the time of bid renewal. If, in the opinion of the
County, any price adjustment request is in
excess of that acceptable to the County the
County reserves the right to reject the proposed
increase and seek new bids.
17. Non-Appropriation Clause:
In accordance with New York State General
Municipal Law, the County will not be liable for
any purchases or contracts for goods or services
for which funding is not available. As a result,
the vendor agrees to hold the County harmless
for any contracts let for which funding either
does not currently exist or for which funding has
been removed prior to the issuance of a purchase
order. Issuance of a purchase order indicates
that the County currently has set aside adequate
funds to procure the goods or services indicated
in the purchase order or the contract. Should it
become necessary for the County to cancel a
project or purchase after an order to proceed has
been issued, the County will only be liable for
and the vendor agrees to only assess those
financial damages that it can prove to have
incurred as a result of the cancellation.