Specifications

Page 8 of 61
TAXES
Harris County is exempt from all federal excise, state and local taxes unless otherwise stated in this document. Harris
County claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited
Sales Tax Exemption Certificates will be furnished upon written request to the Harris County Purchasing Agent.
TERM CONTRACTS
If the contract is intended to cover a specific time period, the term will be given in the specifications under SCOPE.
TERMINATION
Harris County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including
warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in
addition to and not in lieu of any other remedies which Harris County may have in law or equity. Default may be construed
as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to
properly perform any and all services required to Harris County's satisfaction and/or to meet all other obligations and
requirements. Harris County may terminate the contract without cause upon thirty (30) days written notice.
TERMINATION FOR HEALTH AND SAFETY VIOLATIONS
Harris County has the option to terminate this contract immediately without prior notice if offeror fails to perform any of its
obligations in this contract if the failure (a) created a potential threat to health or safety or (b) violated a law, ordinance, or
regulation designed to protect health or safety.
TITLE TRANSFER
Title and Risk of Loss of goods shall not pass to Harris County until Harris County actually receives and takes possession of
the goods at the point or points of delivery. Receiving times may vary with the using department. Generally, deliveries
may be made between 8:30 a.m. and 4:00 p.m., Monday through Friday. Offerors are advised to consult the using
department for instructions. The place of delivery shall be shown under the "Special Requirements/Instructions" section of
this proposal package and/or on the Purchase Order as a "Deliver To:" address.
WAIVER OF SUBROGATION
Offeror and offeror's insurance carrier waive any and all rights whatsoever with regard to subrogation against Harris County
as an indirect party to any suit arising out of personal or property damages resulting from offeror's performance under this
agreement.
WARRANTIES
Offerors shall furnish all data pertinent to warranties or guarantees which may apply to items in the proposal. Offerors may
not limit or exclude any implied warranties. Offeror warrants that product sold to the County shall conform to the standards
established by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event product
does not conform to OSHA Standards, where applicable, Harris County may return the product for correction or
replacement at the offeror's expense. If offeror fails to make the appropriate correction within a reasonable time, Harris
County may correct at the offeror's expense.
VENDORS OWING TAXES OR OTHER DEBTS
Pursuant to TX Local Government Code 262.0276, Harris County Commissioners Court has adopted a policy which
requires that vendors’ taxes and other Harris County debts be current as of the date bids/proposals are due. Bidders with
delinquent county taxes or other county debts on the due date will not be eligible for award. Whether or not a vendor’s
taxes are delinquent will be determined by an independent review of the Tax Office records. Prior to submitting an offer,
vendors are encouraged to visit the Tax Office website at www.hctax.net, set up a portfolio of their accounts and make their
own initial determination of the status of their tax accounts. Vendors who believe a delinquency is reflected in error must
contact the Tax Office to correct any errors or discrepancies prior to submitting their offer in order to ensure that their offer
will be considered. Furthermore, if, during the performance of this contract, a vendor’s taxes become delinquent or a
vendor becomes otherwise indebted to Harris County, Harris County reserves the right to provide notice to the Auditor or
Treasurer pursuant to Texas Local Government Code §154.045. This policy is effective for all bids/proposals due on or
after November 1, 2009.
Revised 11/13