Specifications

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EVALUATION
Evaluation shall be used as a determinant as to which proposed items or services are the most efficient and/or most
economical for the County. It shall be based on all factors which have a bearing on price and performance of the items in
the user environment. All proposals are subject to negotiations by the Harris County Purchasing Department with
recommendation to the appropriate governing body. Compliance with all requirements, delivery and needs of the using
department are considerations in evaluating proposals. Pricing is NOT the only criteria for making a recommendation.
A preliminary evaluation by Harris County will be held and appropriate proposals will be subjected to the negotiating
process and a request for a Best and Final Offer. Upon completion of the negotiations, Harris County will make an award.
All proposals that have been submitted shall be available and open for public inspection after the contract is awarded except
for trade secrets or confidential information contained in the proposals and identified as such.
FISCAL FUNDING
A multi-year lease or lease/purchase arrangement (if requested by the Special Requirements/Instructions), or any contract
continuing as a result of an extension option, must include a fiscal funding out provision in the lease or contract. If, for any
reason, funds are not appropriated by the applicable governing body to continue the lease or contract in their sole discretion,
said lease or contract shall become null and void on the last day of the current appropriation of funds. After expiration of
the lease, leased equipment shall be removed by the offeror from the using department without penalty of any kind or form
to Harris County. All charges and physical activity related to delivery, installation, removal and redelivery shall be the
responsibility of the offeror.
GOVERNING FORMS
In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications
shall govern. In the event of any conflict of interpretation of any part of this overall document, Harris County's
interpretation shall govern.
GOVERNING LAW
This request for proposal is governed by the competitive bidding requirements of the County Purchasing Act, Texas Local
Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and
regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that
Harris County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County
Attorney concerning any portion of these requirements. Forum for contractual issues shall be in Texas and venue shall be
exclusively in Houston, Harris County, Texas, in a federal or state court of competent jurisdiction. The County does not
agree to binding arbitration and does not waive its right to a jury trial.
GRANT FUNDING
Any contract entered into by the County that is to be paid from grant funds shall be limited to payment from the grant
funding and the vendor/provider understands that the County has not set aside any County funds for the payment of
obligations under a grant contract. If grant funding should become unavailable at any time for the continuation of services
paid for by the grant, and further funding cannot be obtained for the contract, then the sole recourse of the provider shall be
to terminate any further services under the contract and the contract shall be null and void.
HIPAA COMPLIANCE
Offeror agrees to comply with the requirements of the Health Insurance Portability and Accountability Act of 1996, Pub. L.
No. 104-191 (codified at 45 C.F.R. Parts 160 and 164), as amended ("HIPAA"); privacy and security regulations
promulgated by the United States Department of Health and Human Services ("DHHS"); Title XIII, Subtitle D of the
American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, as amended ("HITECH Act"); provisions regarding
Confidentiality of Alcohol and Drug Abuse Patient Records (codified at 42 C.F.R. Part 2), as amended; and TEX.
HEALTH & SAFETY CODE ANN. §§ 81.046, as amended, 181.001 et seq., as amended, 241.151 et seq., as amended,
and 611.001 et seq., as amended collectively referred to as "HIPAA", to the extent that the Offeror uses, discloses or has
access to protected health information as defined by HIPAA. Offeror may be required to enter a Business Associate
Agreement pursuant to HIPAA.
HOLD HARMLESS AGREEMENT
Contractor, the successful offeror, shall indemnify, defend, and hold Harris County harmless from all claims for personal
injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall
procure and maintain, with respect to the subject matter of this proposal, appropriate insurance coverage including, as a
minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or