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This contract is between the Department of Public Safety (DPS) of the State of Texas and a contractor. It outlines the terms and conditions for services or deliverables. Key aspects include: - No guarantee of exclusivity or minimum compensation for the contractor. - DPS reserves the right to contract with other contractors. - Subcontractors must comply with contract provisions. - Authorized representatives for both parties are designated. - The contract is governed by Texas law, with venue in Travis County. - Notices are considered received when delivered in hand, mailed certified, or sent by confirmed facsimile/email. - Termination clauses include unavailability of funds, convenience, and failure to perform. - Dispute resolution will follow Texas Government Code Chapter ****- DPS has various remedies for contract violations, including withholding payments and suspending services. - Amendments require written agreement signed by both parties. - Contractor changes (assignments, successors) require prior written consent from DPS. - Contractor must indemnify the State of Texas and DPS against liabilities arising from their acts or omissions. - Intellectual property claims are also covered under indemnification. - No substitutions are allowed without prior written approval. - Delivery times are during normal business hours unless otherwise approved. - Title and risk of loss pass to DPS upon acceptance of deliverables. - DPS may conduct acceptance testing and revoke prior acceptance for latent defects. - DPS has the right to inspect and validate commodities and services. - Contractor must provide and maintain all necessary documentation. - Key personnel qualifications and replacement procedures are detailed. - Warranties include third-party and contractor warranties. - A stop-work order provision allows DPS to halt work for a specified period. - Subcontracting requires DPS approval. - DPS owns all data, documents, and work product generated under the contract. - Contractor is an independent contractor. - Payments are governed by the Texas Prompt Payment Act. - DPS may withhold payments for various reasons, including failure to submit reports or comply with security requirements. - Contractor agrees to apply payments towards debts owed to the State of Texas. - DPS has the right to offset payments against money owed by the contractor. - Specific notice requirements are outlined for bankruptcy and mergers. - Restrictions apply to news releases, advertisements, marketing, and publicity. - The contract is subject to the Texas Public Information Act. - Contractor must comply with drug-free workplace requirements and utilize the e-Verify system. - Disclosure of interested parties (TEC Form ****) is required. - Contractor agrees to Buy Texas principles. - Compliance with laws, rules, and policy, including background checks and security requirements, is mandatory. - Fraud, waste, or abuse can be reported to relevant authorities. - The State Auditor's office may conduct audits. - Representations and certifications must be accurate, with a continuing duty to amend. - Business continuity and disaster recovery plans are required for custodians of electronic state records. - Prohibited uses of appropriated funds for lobbying are detailed. - Non-discrimination is warranted. - Antitrust affirmations are required. - Felony criminal convictions must be disclosed and approved. - DPS background check and ID card requirements must be met. - Contractor has no authority to act on behalf of DPS or the State of Texas. - Child support obligation affirmation is required. - Executive Order No. GA48 regarding hardening of state government must be complied with.
The contract states that contractor may only deliver during normal business hours only or as written into the solicitation unless prior written approval for late delivery has been obtained from DPS's authorized representative.
The bid notice states that Texas Government Code Chapter ****, the Prompt Payment Act, will govern payment, payment disputes, and accrual of interest on any overdue payments.
The bid notice mentions that if the contractor procures any products for DPS, the contractor must assign or otherwise transfer to DPS any manufacturer's warranty for such materials or products that the contractor receives. Additionally, the contractor represents and warrants that it has the requisite qualifications, experience, personnel, and other resources to provide goods or services in the manner required by the contract.
The bid notice states that contractor warrants that all identified key personnel assigned to the contract are contractor employees, agents, or subcontractors and meet all qualifications as defined within the contract to perform the work required.
The bid notice outlines that DPS may take actions such as requiring contractor to take specific corrective actions, withholding or recouping payments, suspending or limiting services, removing contractor employees, and suspending, placing into abeyance, or removing any contractual rights.
