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<br />fIw <br />N <br />0' <br />N <br />L- <br />o <br />r <br />~ <br />.~ <br />~ <br /> <br />.- <br /> <br />EVALUATION <br />Evaluation shall be used as a determinant as to which bid items or services are the most efficient and/or most economical <br />for the County. It shall be based on all factors which have a bearing on price and performance of the items in the user <br />environment. All bids are subject to tabulation by the Harris County Purchasing Department and recommendation to the <br />appropriate governing body. Compliance with all bid requirements, delivery and needs of the using department are <br />considerations in evaluating bids. Pricing is NOT the only criteria Cor making a recomme~dation. The Harris <br />County Purchasing Department reserves the right to contact any offeror, at any time, to clarify, verify or request <br />information with regard to any bid. <br /> <br />FISCAL FUNDING <br />A multi-year lease or lease/purchase arrangement (if requested by the Special RequirementslInstructions), or any contract <br />continuing as a result of an extension option, must include fiscal funding out. If, for any reason, funds are not <br />appropriated to continue the lease or contract, said lease or contract shall become null and void on the last day of the <br />current appropriation of funds. After expiration of the lease, leased equipment shall be removed by the offeror from the <br />using department without penalty of any kind or form to Harris County. All charges and physical activity related to <br />delivery, installation, removal and redelivery shall be the responsibility of the offeror. <br /> <br />GOVERNING FORMS <br />In the event of any conflict between the terms and provIsions of these requirements and the specifications, the <br />specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Harris <br />County's interpretation shall govern. <br /> <br />GOVERNING LAW <br />This bid solicitation is governed by the competitive bidding requirements of the County Purchasing Act, Texas Local <br />Government Code, ~262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and <br />regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and <br />that Harris County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County <br />Attorney concerning any portion of these requirements. <br /> <br />GRANT FUNDING <br />Any contract entered into by the County that is to be paid from grant funds shall be limited to payment from the grant <br />funding and the vendor/provider understands that the County has not set aside any County funds for the payment of <br />obligations under a grant contract. If grant funding should become unavailable at any time for the continuation of <br />services paid for by the grant, and further funding cannot be obtained for the contract, then the sole recourse of the <br />provider shall be to terminate any further services under the contract and the contract shall be null and void. <br /> <br />HIPAA COMPLIANCE <br />Offeror agrees to comply with the Standards for Privacy of Individually Identifiable Health Information of the Health <br />Insurance Portability and Accountability Act of 1996, PL 104-191, 45 CFR Parts 160-164, as amended, and the Texas <br />Medical Records Privacy Act, Texas Health and Safety Code Chapter 181. as amended, collectively referred to as <br />"HIPAA", to the extent that the Offeror uses, discloses or has access to protected health information as defined by <br />HIPAA. Offeror may be required to enter a Business Associate Agreement pursuant to HlPAA. <br /> <br />HOLD HARMLESS AGREEMENT <br />Contractor, the successful offeror, shall indemnify and hold Harris County harmless from all claims for personal injury, <br />death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and <br />maintain, with respect to the subject matter of this bid, appropriate insurance coverage including. as a minimum, public <br />liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from <br />work perfonned under terms of this bid. Certification of such coverage must be provided to the County upon request. <br /> <br />Revised 05107 <br /> <br />Page 5 of ~ <br />II' <br /> <br />----....--......-- ----r---.-.-- --- .---.- .... -.- <br />