Fannin County
Fannin County Purchasing Agent
101 E. Sam Rayburn Drive, Suite 313 Bonham, Texas 75418
Questions and Concerns should be directed to:
Purchasing Agent
Phone: 903.583.0054
Fax: 903.640.5806
Email: purchasing@fanninco.net
SECTION 1 - GOODS PURCHASE ORDER TERMS AND CONDITIONS
Fannin County reserves the right to cancel all or any part of this order if not shipped as required or as instructed.
All materials and services shall be subject to Fannin County approval. Unsatisfactory materials will be returned at seller’s expense. No substitution will be accepted without Purchasing Agent approval. No charge will be allowed for packing, crating or boxing.
1. No changes may be made in this order without written authorization of the Purchasing Agent.
2. Materials must be properly packaged and marked with the Fannin County Purchase Order Number. Damaged materials will not be accepted.
3. Inspection of delivery will be made at the delivery point, unless otherwise specified.
4. Submit all claims for payment in duplicate. Claims for partial deliveries must be so indicated, and will be accepted by Fannin County.
5. All containers or reels are to remain the property of Fannin County unless otherwise specified.
6. The County is exempt from any sales, excise or Federal transportation taxes. The Purchase Order issued is sufficient proof of Fannin County’s exempt status as provided by Sales Tax Rule 3.322.
7. The Purchasing Agent may grant additional time for delivery when the County is at fault or is satisfied the delay is beyond the control of the vendor. Such grant must be in writing and made part of the order.
8. Rejected material will be returned to the vendor at the vendor’s risk and expense.
9. Quantities specified in the order are not to be exceeded. Any overages or duplicate orders will be returned to vendor at vendor’s risk and expense.
10. It is agreed that goods delivered shall comply with all Federal, State, or local laws relative thereto, and that the vendor shall defend actions or claims brought and save harmless the County from loss, cost or damage by reason of actual or alleged infringement of letters patent and/or copyrights.
11. All prices must be F.O.B. delivery point. Where specific purchase is negotiated F.O.B. shipping point, the vendor is to prepay shipping charges and add to invoice.
12. In case of default of the vendor, the County may procure the articles or services from other sources and charge the vendor as liquidated damages any excess cost or damaged occasioned thereby.
13. Vendor shall defend, indemnify and save harmless Fannin County and all its officers, agents and employees from all suits, claims, actions, damages, demands or other demands of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons or property on account of any negligent act or fault of the vendor, or of any agent, employee, subcontractor or supplier in the execution of, or performance under, this order. Vendor shall pay any judgment with cost, which may be obtained against Fannin County growing out of such injury or damages.
14. Vendor shall not sell, assign, transfer or convey this order, in whole or in part, without the prior written consent of Fannin County.
15. Payment will be made in accordance with Vernon’s Texas Codes Annotated, Government Code, Title 10, Subtitled F, Chapter 2251, after receipt and acceptance by County of the merchandise ordered and of a valid invoice. Vendor is required to pay subcontractors within ten (10) days after the vendor receives payment from the County.
16. Vendor shall warrant that all items/services shall conform to the proposed specifications and/or all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship, and title.
17. Vendor and Fannin County agree that both parties have all rights, duties, and remedies available as stated in the Uniform Commercial Code.
SECTION 2 - FANNIN COUNTY SERVICES TERMS AND CONDITIONS
1. Contracts between Fannin County (“COUNTY”) and Service Provider (“CONTACTOR”) shall be effective from the date indicated on the Contract at signing and will remain in effect until terminated.
2. The CONTRACTOR will be paid within fifteen (15) days after submittal of approved billing to the COUNTY.
3. The CONTRACTOR will be responsible for hiring, compensating, disciplining and firing all workers employed by CONTRACTOR. The CONTRACTOR will be responsible for employee benefits. The workers are to be treated as employees of the CONTRACTOR for all purposes.
4. The CONTRACTOR will make all necessary filings with state, local, federal foreign agencies, including tax, payroll and insurance filings. The CONTRACTOR, at COUNTY’s request, will provide COUNTY with proof that such filings have been made.
5. The CONTRACTOR will be responsible for all fines and penalties assessed for its failure to comply with applicable laws and regulations.
6. COUNTY will have a lien against moneys in its possession payable to the CONTRACTOR to cover any moneys advanced or paid by COUNTY for items, which are CONTRACTOR'S responsibility or charges made against CONTRACTOR’S compensation.
7. The CONTRACTOR will maintain physical damage insurance covering any damage or loss to CONTRACTOR’S equipment used by CONTRACTOR in providing services under a CONTRACT.
8. CONTRACTOR will maintain “worker’s compensation insurance” coverage for all workers providing services under a CONTRACT.
9. CONTRACTOR will maintain general liability insurance covering liability, relating directly, or indirectly to the operation of any equipment.
10. COUNTY will have full benefits of any and all insurance that CONTRACTOR has covering the operation of the equipment or activities related to the services provided under a CONTRACT.
11. This Contract is not intended to create an employee/employer relationship between the CONTRACTOR and COUNTY.
12. COUNTY shall have no direction or control of the CONTRACTOR or the CONTRACTOR'S employees or agents, except in the results to be obtained.
13. The employees of the CONTRACTOR and shall not be considered the employees of COUNTY for any reason.
14. The CONTRACTOR, its agents and employees shall not be considered agents of the COUNTY for any purpose and are not authorized to make any purchases or enter into any contract on COUNTY'S behalf.
SECTION 2 - FANNIN COUNTY PROFESSIONAL SERVICES TERMS AND CONDITIONS
1. THE CONTRACTOR WILL INDEMNIFY, DEFEND, AND HOLD COUNTY, ITS OFFICIALS, EMPLOYEES, AGENTS, AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL LAW SUITS, CLAIMS, FINES, COSTS, LOSSES, LIABILITIES OF ANY NATURE, PROCEEDINGS, DEMANDS, DAMAGES, AND EXPENSES (INCLUDING INTEREST, PENALTIES, TAXES, DUTIES, FINES, LEVIES, FEES, ASSESSMENTS, AND ATTORNEY’S FEES) IN ANY MANNER, RESULTING FROM OR ARISING, DIRECTLY OR INDIRECTLY, FROM CONTRACTOR PROVIDING SERVICE(S) PURSUANT TO A CONTRACT. This provision shall survive termination of a CONTRACT.
2. Any claim, dispute, or controversy between the parties arising, directly or indirectly, under a Contract shall be brought in a court of competent jurisdiction in Fannin County, Texas. NEITHER PARTY WILL BE ENTITLED TO RECOVER PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR MENTAL ANGUISH OR EMOTIONAL DISTRESS OR PAIN AND SUFFERING, OR SIMILAR DAMAGES. NEITHER PARTY WILL BE ENTITLED TO RECOVER ATTORNEY’S FEES EXCEPT BY WAY OF INDEMNIFICATION. This provision shall survive termination of the CONTRACT.
3. Any notice which may be given by any party hereto shall be deemed to have been properly given if sent in writing by certified mail, postage prepaid addressed to the individuals executing this Contract (designated representative) at the addresses provided below. Any notice provided, except for notice of termination or increase in charges, shall be effective as of the date received. Any party hereto may change its notice address or designated representative by giving notice to the other party as provided in this section.
4. These Terms and Conditions shall only be modified or amended by action of the Fannin County Commissioners Court.