ORDER NO. 30005 BIDS FOR ELECTRICAL, PLUMBING, HVAC AND PEST CONTROL Came to be heard this the 13th day of November, 2006, with a motion made by Commissioner Letz seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Accept all bids and refer to Ms. Davidson and Mr. Bollier for review and recommendation: 1. Terminix Pest Control Services for pest control services 2. Starkey Pest control for pest control services 3. Hill Country Pest Control for pest control services 4. Guadalupe Electric for electrical services 5. D W Electric for electrical services 6. Whelan Plumbing for plumbing services 7. Compton's of Kerrville for HVAC 3 0 oas 1•~ COMMISSIONER'S COURT AGENDA REQUEST PLEASE FURNISH ONE ORGINAL AND ELEVEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: ice Davidson OFFICE: Facilities Use & Maintenace MEETING DATE: November 13. 2006 TIME: SUBJECT: Open bids for Electrical, Plumbing, HVAC and Pest Control. EXECUTIVE SESSION REQUESTED: NAME OF PERSON ADDRESSING THE COURT: Alyce Davidson ESTIMATED LENGTH OF PRESENTATION: 5 minutes IF PERSONNEL MATTER-NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in Accordance with Title 5 Chapter 551 and 552 Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday All Agenda Requests will be screened by the County Judge's Offrce to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rule Adopted by Commissioner's Court. KERR COUNTY, TEXAS NOTICE TO BIDDER Sealed proposals addressed to the Commissioner's Court or Kerr County for: 1. Electrical 2. Plumbin 3. HVAC Air Conditioni Heatin 4. Pest Control Will be received at the County Clerk's Office until 5:00 P.M. on the l0a` of November 2006. Any Proposals received after closing time will be returned unopened. Return sealed proposals to the County Clerk, Kerr County Courthouse, 700 Main Kerrville, Texas 78028. Mazk outside of envelope "PROPOSAL-ELECTRICAL", "PROPOSAL-PLUMBING", "PROPOSAIrHVAC", or KPROPOSAIrPEST CONTROL". Additional proposal sheets and specifications may be picked up at the Maintenance Department in the Lower Level of the Ken County Courthouse 700 Main Kerrville, Texas 78028. To be opened on the 13'" day of November, at 10:00 A.M. at Kerr County Commissioner's Courtroom 700 Main Kerrville, Texas 78028. The County of Kerr does not discriminate on the basis of race, color, national origin, sex, religion, age, and disability in employment or the provision of services. ~~ aa~ce ~misioc BID ON SVAC (HEAT AND AII2) REPAII2 SERVICE WORK FOR KERR COUNTY NOTE: Use this form for the bid. Additional information maybe attached. Submission of a bid notes that the vendor certifies agreement to all the specifications and conditions. Total Repair Cost above $100.00 must have the Building Maintenance Supervisor's approval. We .also reserve the right to price parts separately. Installations are subject to review and are not automatically included in this bid. REGULAR WORKING HOURS: TECHNICIAN CHARGE PER HOUR l~rl . o~ HELPER CHARGE PER HOUR ~~ ~ OVERTIME WORKING HOURS: Sb TECHNICIAN PER HOUR I O ©. `- HELPER CHARGE PER HOUR ~~O . ~ ~ WEEKEND WORKING HOURS: 1©~~ So ~ A 7~.+2 I~p H TECHNICIAN PER HOUR ! 3`/. O(~ ~Un L A`I ~O' ~S `5 A 1Z~ ~ 0~ ~ HELPER CHARGE PER HOUR c~ . S ~ H HOLIDAY WORKING HOURS: TECHNICIAN CHARGE PER HOUR / ~ ~ . ~ O D~ HELPER CHARGE PER HOUR ((„~ . - CHARGE FOR COMPONENTS REPAIR PARTS, AND SUPPLIES: ACTUAL COST PLUS /-i s~-' WARRANTIES: NAME ADDRESS /~ ,, , C (tyY~~( SIGNATURE AND TITLE .~ ~~ ~ m. pre ssor 5 lyr' PHONE NUMBER DATE Bid o° HVAC Repair service Wak 7/02/03 KERB COUNTY, TEXAS Date: ~~-~~'~ to Bid Date• / - /(~ /~~ p Time: `i ' f~I~ ~/)'). Openipg: Kerr COUMV Courthouse C_ ommissiotiers' Courtroom {~~ .n ~ TexaB Kerr County Commissiotmrs' Court Kerr County Courthouse Kerrville, Texas t.rentlemen: Pursuant to General Specifications !sated below andlor attached, the undersigned makes the following officer, F.O.B. Kerrville, Texas, with allowable exempt taxes (if applicable), having been removed finm bid price. ITEM NO DESCRJPTION AMOUNT Sealed proposals will be accepted by the Kerr County Commissicoers' Court in accordance with the attached specificauoos. Deliver/Compldion will be made on err before 20_. The equipment ws'll be new slid will rnosx the general apecific~tion4. KERR COUNTY COMMLSSIONERS' COURT RESERVES THE RIGHT TO ACCEPT ANY QUALIkZED BIIJPROPOSAL OR REJECT ALL BmSlPROPOSALS. Company: C~Dr7Pf~~ `sdJ~il~~Me,~~/,t~;.~N~. By: ~,~ ~ ~ ~o r~ r^ ~d ~~'c._7~,4. Title Address: .~,fZ.Qg Y ~-9 ~Q~9 Phaue: 4 ~-. Fart No.: ~ - 6 NOTE: USE THIS FORM ONLY. ADDITIONAL INFORMATION MAY BE ATTACIIED. The County of Kerr does riot discrinoinate an the basis of race, color, national origin, , religion, a~ and disability in empkrymetu or the pxovisiat of services. o~tmaaopb.t ~rozros KERB COi7NTY shall not be liable or responsible for, and shall be saved and held harmless byl ~Q_Y~DfOfYS n ~ YP~2e~~ Ilv ~J'1C. (Vendor Namel from and against any and all suits, actions, losses, damages, claims, or liability of a~+ character, type or description including a~+ claim for subrogation by any insurance carrier, and all expenses of litigatioq court costs, and attorney's fees for injury or death to any persoq or injury to atry property, received or sustained by any person or persons onnr properly, arising out o$ or occasioned by, duectly or indirectly, the performance of (`rOm p7b (1 'S 6 ~e G , SVendor Namel under this agreement, including claims and damages arising in whole or in part from the negligence of KERB COUNTY. It is the expressed intent of the parties to th~i}s Agreement that/t~he i'n>demnity provided for in this section is an indemnity extended b}/ !mil f'}D n:S (~T?rc v~ l1P --L n ~ (Vendor Namel to indemnify and protect KERB COUNTY from the consequences of KERB COIINTY's own negligence, whether the negligence is the sole or contributory cause of resultant injury, death or damage. r 7/07103 STATE OF TEXAS COUNTY OF KERB AFFIDAVIT ~EFORE h~E, the andersigoed authority, on this day personally aPP~~ {L D r~ lmown to ~ to be the person whose name is subscaibod to the following, who upon oath, says: I am the Manager, Secretary or other agent or officer or the principal of the Bidder in the matter of the bids to which this affidavit is attached, and I have full lmowledge of the relatiaos of the Bidder with the other firms m this saw line of business, a~ the Bidder is nar a member of arty oust, pool ar combination to caotrol the price of supplies bid an, or to influence a~ person to bid or ~t to bid thereon. I further affirm that the Bidder has not given, offiered to give, ~t intends to give at arty tinx hereafter any ecwnomic oPPY, furore ~ploY~t, 8&ft, ~, tY, ~~ discount, trip, favor, or service to a public aervanot in caocectim with the submitted bid. Affiant SWORN TO AND SUBSCRIBED BEFORE ME by the abovo Affisnt, who, on oath states that the facts oootaiced in the above ate true and correct, this /v f~ day of ~:+~~. .. .. o,~ .a~:•~'RVap"••F? ~': z 'Pf +Q _ Public 9TP 0 F t4' State of Texas '~•EXPIRE~'~^~ NOTE: BIDS NOT ACCOMPANIED BX THIS AFFIDAVIT WII.L NOT BE CONSIDERED. The County of Kerr does not discriminate on the basis of race, color, national origin, sex, won, age and disability in employmaot or the provision of services. wawa ~ro~roa Name of Camf~t'b-~~~,;,z"v~° l~~.P,r>i/1P S~• Sigma bs ~a~~ ~ .s'z`c , T~F~4, MASTER SERVICE AGREEMENT This Agrcement entered into as of _ day of _ . 20~ by KERB COUNTY ("Coumy") and ("Independent Contractor'. In consideration for the mutual promises contained herein, and other good and valuable consideration, the receipt of which is hereby aclmowledged, the parties agree as follows: I. PERFORMANCE OF WORK This Agreement shall apply to all services and goods provided by Independent Contractor to KERB COUNTY whether presently in progress or famished from time to time in the future. Independent Contractor shall diligently Perform all work in a skillful aml worlmmaolike manner. II. Independent Contractor shall be entitled to such compensation as specifically authorized by KERB COUNTY in writing, which may be in the form of a contract, purchase order, work authorization or other writtam document. There shall be no increase in the compensation unless authorized by KERB COUNTY in writing. III. WARRANTIES Independent Contractor shall perform all work with due diligence, in a good and worlanaolike manner and in accordance with specifications provided by KERB COUNTY or in the absence of such ~~~~> B~~Y ~eP~ Professional standards, abe, where applicable, standards imposed by law for comparable or similar services. Independent Contractor wamrartc that the goods delivered under this Agrcement will conform to the specifications provided by KERB COUNTY, if any, and that the goods will be merchantable, of good worlananship and material, flee from defect and fit for their intended purpose. Except as otherwise specifically agreed, Independent Contractor shall provide all labor and skills, and all equipmemmt, machinery, materials, and supplies necessary for the performance of such work. rv. In performing services or furnishing goods under this Agreement, Independent Contractor shall act at all times as an Independent Contractor. Independent Contractor shall not malre any coinmitrnent or incur any charge or expense in the name of KERB COUNTY. Independent Contractor expressly agrees, acknowledges and stipulates that neither this Agreement nor the performance of its obligations or duties there under shall ever resuh in Independent Contractor, or anyone employed by Independent Contractor, being: 1) an employee, agent or representative of KERR COUNTY; or 2) entitled to any benefits fi+om KE1tR COUNTY, including, without limitation, pension, profit sharing or accident insurance or health, medical, life or disability insurance benefits or coverage, to which employees of KERB COUNTY may be entifled. KE1tR COUNTY shall have no direction or control of Independent Contractor or its employees and ages except in the results W be obtained. The actual performance and superintendence of all work shall be by Independem Contractor, but such work shall meet the approval of KERR COUNTY. V. Independent Contractor shall at all times during the term of this Agreement at Independent Contractor's sole expense carry such insurance as may be reasonably requested by KERB COUNTY, including, but without limitation, the following types and limits: Marla Sarvica A~em>eW 7/02/03 Automobile $500,000.00 each accident Combined Single Liability $500,000.00 each accidect Uninsured/Underinsured Motorists Combined Single Liability All owned, non-owned, hired and all vehicles used by Independent Contractor with a combined single limit of $500,000.00, covering personal injury (including bodily injury and property damage.) Commercial and Comprehensive Liability $1,000,000.00 General Aggregate $1,000,000.00 Products/Completed Operations Aggregate $1,000,000.00 Personal/Advertising Injury $1,000,000.00 Each Occurrence Worker's Compensation Insurance Part A Texas Statutory Medical, Luiemnity, AD & D Part B Employers Liability 100,000 Per Person Per Aceidem 100,000 Per Person Per Disease 500,000 Policy Aggregate -Disease Any subcontractors of the undersigned Independent Contractor shall be required to maintain similar type insurance with similar type limits. KERR COUNTY shall be named as an additional insured on all policies where available and Certificates of such insurance shall be furnished by Independent Contractor and any subcontractors where applicable to KERB COUNTY. The types of coverage or limits may be modified only by written agreement between KERB COUNTY and Independent Contcactor. VI. INDEPENDENT CONTRACTOR SHALL PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS KERR COUNTY AND ITS REPRESENTATIVES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, COUNTY COMMISSIONERS, AND COUNTY JUDGES, ETC., FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS AND CAUSES OF ACTION ASSERTED BY ANY PARTY (INCLUDING, BUT NOT LIMITED TO, EMPLOYEES OF INDEPENDENT CONTRACTOR AND KERR COUNTY) THAT ARISE OUT OF OR ARE RELATED TO WORK AND ARE CAUSED BY OR ARISE OUT OF INDEPENDENT CONTRACTOR'S NEGLIGENT ACTS OR OMISSIONS OR WILLFUL MISCONDUCT AND RESULT IN PERSONAL INJURY (INCLUDING BODILY INJURY), ILLNESS, DEATH OR PROPERTY LOSS OR DAMAGE, OR ANY CIVIL FINES OR PENALTIES IMPOSED BY ANY GOVERNMENTAL AGENCY, OFFICER, OR COURT OF LAW. VII. WAIVER OF SUBROGATION Independent Contractor hereby waives any and all rights to recover against KERB COUNTY (including KERB COUNTY'S representatives, Coumy Commissioners, officers, partners, employces, agents, customers, and invitees) for any loss or damage arising firom any cause covered by any insurance required to be carried by Independent Contractor pursuant to this Agreement or nay other insurance actually carried by Independent Cortractor. Independent Contractor shall cause its insurer to issue appropriate waiver of Subrogation endorsements to all policies of insurance carried in connection with this Agneernent. swice .4~e®mrt 7/02/03 vlu. vENIIE This Agteanent is be co®strued under the laws of the State of Texas and all obligations of the parties created by this Agreement are performable in KERB COUNTY, Texas. IX. This Agreement constitutes the parties sole agreement and supercedes any prior understandings or written or oral agrcemenFs between the parties with respect to insurance or indemnification. This Agreement does not waive any terms or conditions with respect to prior contracts, bids, purchase orders, requests for Proposals (RFP), except with regard to the insurance requirements and indemnification. X. AMENDMENT No amendment, modification or alteration of this Agreement is binding unless in writing dated subsequent to the date of this Agre~nent and duly executed by all parties hereto. XI. TERMS Either party may cancel this agreement by providing written notice to the other pally thirty (30) days prior to cancellation. XII. CONFIDENTIALITY Independent Contractor shall treat as confidential and shall not, without KERB COUNTY'S prior written consent, divulge to any third-party or, except to the extent necessary for performance hereunder, make any use of any of KERR COUNTY'S proprietary technical information which is disclosed or made available to Independent Contractor by or on behalf of KERR COUNTY. XIII. GENERAL PROVISIONS KERB COUNTY reserves the right to enforce the performance of this contract in any manner prescribed by law or d to be in the best interests of KERB COUNTY in the event of breach or default of this contract. KERR COUNTY reserves the right to terminate the contract immediately in the event Independent Contractor fails to: (1) meet delivery, performance or completion schedules, or (2) otherwise perform in accordance with this contract or the specifications. Breach of contract or defauh authorizes KERB COUNTY to award to another bidder or purchase the goods and/or services elsewhere and charge the full increase in cost and any additional related foes or expenses incurred to Independent Contractor. No waiver by either party of any one or more defaults by the other party in the performance of this Agreement or any contract hereunder shall operate or be construed as a waiver' of any future default or defaults by the same party, whether of a like or different character. It .is intended that if any provision of this Agreement is unenforceable for any reason, it shall be adjusted rather than voided, if possible, in order to achieve the intent of the parties. In any event, all other provisions of this Agreement shall be deemed valid, binding and still enforceable. try s~~ n~mrna 7/02/03 In the eves that either party commits any material breach of this Agreement including, without limitation, any breach of any indemnification obligation, in addition to any other remedy that the aggrieved party may have, at law or in equity, it shall be entitled to recover all costs, including court cost and attorney's fees, incurred in any Proceeding wherein the agreed party seeks redress for such breach. This Agreement and any contract hereunder shall not be considered exclusive contracts. KERB COUNTY shall have the right to hire others to perform the same or similar work. KERR COUNTY BY INDEPENDENT CONTRACTOR: ne,~s~oa~eor 7/02103 COMPTON S ~eoKE~RV-aQasE* INC. KEARVRLE, T~ r~4J JaYh $!' 7~~.~~` ~~ ~~0~~ KERR COUNTY, TEXAS NOTICE TO BIDDER Sealed proposals addressed to the Commissioner's Court or Kerr County for: 1. Electrical 2. Plumbing 3. HVAC (Air Conditioning, Heating) 4. Pest Control Will be received at the County Clerk's Office unti15:00 P.M. on the lOs' of November 2006. Any Proposals received after closing time will be returned unopened. Return sealed proposals to the County Clerk, Kerr County Courthouse, 700 Main Kerrville, Texas 78028. Mark outside of envelope "PROPOSAL-ELECTRICAL", "PROPOSAL-PLUMBING", "PROPOSAL-HVAC", or "PROPOSAL-PEST CONTROL". Additional proposal sheets and specifications may be picked up at the Maimenance Department in the Lower Level of the Ken County Courthouse 700 Main Kerrville, Texas 78028. To be opened on the 13a' day of November, at 10:00 A.M. at Kerr County Commissioner's Courtroom 700 Main Kerrville, Texas 78028. The County of Kerr does not discriminate on the basis of race, color, national origin, sex, religion, age, and disability in employment or the provision of services. General Notice 10/13/06 BID ON PLUMBING REPAIR SERVICE WORK FOR KERB COUNTY NOTE: Use this form for tbe bid. Additional information may be attached. Submission of a bid notes that the vendor certifies agrcement to all the specificati~s and cwnditions. Total Repair Cost above $100.00 must have the Building Maintenance Supervisor's approval. We also reserve the right to price parts separately. Installations are subject to review and are not automatically included in this bid. REGULAR WORKING HOURS: b' ~ oo AA1 - S : °c f'`~` PLUMBER CHARGE PER HOUR 7 q • oU HELPER CHARGE PER HOUR ~ 9.5'0 OVERTIIvIEWORKINGHOURS: a`': a6t'^'` '"' 9:°C~^` PLUMBER CHARGE PER HOUR I I S .~U HELPER CHARGE PER HOUR S 9 . as WEEKEND WORKING HOURS: Sal - S~~ PLUMBER CHARGE PER HOUR I I g . 5U HELPER CHARGE PER HOUR 5 9 ~ a ~ HOLIDAY WORKING HOURS: Ch59EQ~ i ~ib~"~"'~• L'a"bc~'~`"~, M ~'"`~~al ~`t PLUMBER CHARGE PER HOUR I s8 • Cso ~-I.yl. ~.I., ~ L' HQisrmas, ~tlc-~.~ ~/ea2 HELPER CHARGE PER HOUR 7 q • o U CHARGE FOR COMPONENTS, REPAIR PARTS, AND SUPPLIES: ACTUAL COST PLUS 30 WARRAN•I~S: MATERIALS/PARTS 9 O D4t.rs owl ~tut+as 11 uetta o/ ,t1R~ ~~ w~~A~ `~I~Mb,.; a.lo~l- m~MO~,~-I ~31~d. 83U-~~~-alc~ COMPANY NAME ADDRESS PHONE NUMBER l ~EiP..lrcE' 111 An,4~j(iF SIGNATURE AND TRZE l~-lO-O(p DATE sia °n rlumoing xapsir awioo waft Provos KERR COUNTY, TEXAS BID PROPOSAL Date: l l - ~ n ~ o (Q Bid Date: Time: Opening: Kerr Counter Courthouse Commissioners' Courtroom Kerr County Texas Ken County Commissioners' Court Kerr County Courthouse Kerrville, Texas Gentlemen: Pursuant to General Specifications listed below and/or attached, the undersigned makes the following officer, F.O.B. Kerrville, Texas, wide allowable exempt taxes (if applicable), having been removed from bid price. ITEM N(1 D_ ESCRIl'TION AMOUNT ~Z.O~CSS4~ -~ ~~ VMb~n.G Sealed proposals will be accepted by the Kerr County Commissioners' Court in accordance with the attached specifications. DeliverlCouipletion will be made on or before 20_ The equipment will be new and will meet the general specifications. KERB COUNTY COMMISSIONERS' COURT RESERVES THE RIGHT TO ACCEPT ANY QUALIFIED BIIJPROPOSAL OR REJECT ALL BIDS/PROPOSALS. company: l,e>tk~l~x.t 1~~uMbl,ir By: M. t~ A-eMST 2cr~t StaJ~cca mgn4~jt~2 Title Address: ,~la~{ (~'lr=mae,4l C~IJr1~ Kr-z~rlIlF~Exrs 7go~ Phone: 830- 89(e- SIDS FaxNo.: 83o-oZS'~ -alai-{ NOTE: USE THIS FORM ONLY. ADDITIONAL INFORMATION MAY BE ATTACHED. The County of Kerr does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employmem or the provisio~l of services. c~tsar.~i T!0]J03 KERB COUNTY shall not be liable or responsible for, and shall be saved and held harmless by ly FI~~A~t PI ~mbi., a Cv. S~C• (Vendor Name) from and against any and all suits, actions, losses, damages, claims, or liability of any character, type or description including any claim for subrogation by any insurance carrier, and all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out oi, or occasioned by, directly or indirectly, the performance of Ly N~lay `~ I ~m b i~ CA • _~~ • (Vendor Named under this agreement, including claims and damages arising in whole or in part from the negligence of KERR COUNTY. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by fy N~lq,~( velum {v~cF C o . 3~e (Vendor Name) to indemnify and protect KERB COUNTY from the consequences of KERB COUNTY'S own negligence, whether the negligence is the sole or contributory cause of resultant injury, death or damage. Iude®iry noa~m~ 7/02/03 STATE OF TEXA5 COUNTY OF KERB AFFIDAVIT BEFORE ME, the undersigned authority, on this day personally appeared /11i~t;' ~P-n'15'~Roalff known to me to be the person whose nazne is subscribed to the following, who upon oath, says: I am the Manager, Secretary or other agent or officer or the principal of the Bidder in the matter of the bids W which this affidavit is attached, and I have full knowledge of the relations of the Bidder with the other fums in this same line of business, and the Bidder is not a member of any trust, pool or combination to control the price of supplies bid cn> or to influence any person to bid or not to bid thereon. I further affirm that the Bidder has not given, offered to give, not imends to give at any time herea@er any economic opportunity, future employment, giR, loan, gratuity, special discoum, trip, favor, or service to a public servant in connection with the submitted bid. SWORN TO AND SUBSCRIBED BEFORE ME by the above Affiant, who, on oath slates that the facts contained in the above are tore and correct, this I b T'~ day of _ ~.lvd~nbc-~ .2004. t~owtaw~waMs MY COMMISSION EXPIRES Seppmber1t,2008 ~~„ ~ ~G~~ of Public State of Tetras Name of Bidder:_ I~FJ Signed by: `~1n: ~. o (Sign Name (TAP ~) Telephone Number: `d3o - $9 to ' a I b5 Date: I I - ! d - O Cp NOTE: BIDS NOT ACCOMPANIED BX THIS AFFIDAVIT WILL NOT BE CONSIDERED. The County of Kerr does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employmem. or the provision of services. ntFiaa.~rt vrovos MASTER SERVICE AGREEMENT A This Agreement entered into as of ~~day of ~ot(E'rn~~- , 20 Dot, by KERB COUNTY ("County") and GJ l)fllF4,"l J'~vm bl r~ ("Independent Contractor"). Irr consideration for the mutual promises contained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: I. PERFORMANCE OP WORK This Agreement shall apply to all services and goods provided by Independent Contractor to KERR COUNTY whether presemly in progress or furnished from time to time in the future. Independent Contractor shall diligently perform all work in a skillful and workmanlike manner. II. COMPENSATION Independent Contractor shall be entitled to such compensation as specifically authorized by KERR COUNTY in writing, which may be in the forrrr of a contract, purchase order, work authorization or other written document. There shall be no increase in the compensation unless authorized by KERB COUNTY in writing. III. WARRANTIES Independent Contractor shall perform aIl work with due diligence, in a good and workmanlike manner and in accordance with specifications provided by KERR COUNTY or in the absence of such specifications, generally accepted professional standards, and, where applicable, standards imposed by law for comparable or similaz services. Independent Contractor warrants that the goods delivered under this Agreement witl conform to the specifications provided by KERB COUNTY, if any, and that the goods will be merchantable, of good workmanship and material, free from defect and fit for their intended purpose. Except as otherwise specifically agreed, Independent Contractor shall provide all labor and skills, and all equipment, machinery, materials, and supplies necessary for the performance of such work. IV. INDEPENDENT CONTRACTOR In perfonning services or furnishing goods under this Agreement, Independent Contractor shall act at all times as an Independent Contractor. Lrdependent Contmctor shall not make any commitment or incw any chazge or expense in the name of KERB COUNTY. Independent Contractor expressly agrees, acknowledges and stipulates that neither this Agreement nor the performance of its obligations or duties there under shall ever result in Independent Contractor, or anyone employed by Independent Contractor, being: 1) an employee, agent or representative of KERR COUNTY; or 2) entitled to any benefits from KERR COUNTY, including, without limitation, pension, profit sharing or accident insurance or health, medical, life or disability insurance benefits or coverage, to which employees of KERR COUNTY may be entitled. KERB COUNTY shall have no direction or control of Independent Contractor or its employees and agents except in the results to be obtained. The actual performance and superintendence of all work shall be by Independen Contractor, but such work shall meet the approval of KERB COUNTY. V. INSURANCE Independent Contractor shad at all times during the term of this Agreeme~ at Independent Comractor's sole expense carry such insurance as may be reasonably requested by KERB COUNTY, including, but without limitation, the following types and limits: Mas[e(Service Ageemetrt 7/02/03 Automobile $500,000.00 each accident Combined Single Liability $500,000.00 each accident Uninsured/Underinsured Motorists Combined Single Liability All owned, non-0wned, hired and all vehicles used by Independent Contractor with a combined single limit of $500,000.00, covering personal injury (including bodily injury and property damage J Commercial and Comprehensive Liability $1,000,000.00 General Aggregate $1,000,000.00 Products/Completed Operations Aggregate $1,000,000.00 PersonallAdvertising Injury $1,000,000.00 Each Occurrence Worker's Compensation Insurance Part A Texas Statutory Medical, Indemnity, AD & D Part B Employers Liability 100,000 Per Person Per Accident 100,000 Per Person Per Disease 500,000 Policy Aggregate -Disease Any subcontractors of the undersigned Independent Contractor shall be required to maintain similar type insurance with similaz type limits. KERR COUNTY shall be named as an additional insured on all pohcies where available and Certificates of such insurance shall be fiunished by Independent Contractor and any subcontractors where applicable to KERR COUNTY. The types of coverage or limits may be modified only by written agreement between KERR COUNTY and Independent Contrnctor. VI. INDEPENDENT CONTRACTOR SHALL PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS KERR COUNTY AND ITS REPRESENTATIVES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, COUNTY COMMISSIONERS, AND COUNTY JUDGES, ETC., FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS AND CAUSES OF ACTION ASSERTED BY ANY PARTY (INCLUDING, BUT NOT LIMITED TO, EMPLOYEES OF INDEPENDENT CONTRACTOR AND KERR COUNTY) THAT ARISE OUT OF OR ARE RELATED TO WORK AND ARE CAUSED BY OR ARISE OUT OF INDEPENDENT CONTRACTOR'S NEGLIGENT ACTS OR OMISSIONS OR WILLFUL MISCONDUCT AND RESULT IN PERSONAL INJURY '(INCLUDING BODILY INJURY), ILLNESS, DEATH OR PROPERTY LOSS OR DAMAGE, OR ANY CIVIL FINES OR PENALTIES IMPOSED BY ANY GOVERNMENTAL AGENCY, OFFICER, OR COURT OF LAW. VII. WAIVER OF SUBROGATION Independent Contractor hereby waives any and all rights to recover against KERR COUNTY (including KERR COUNTY'S representatives, County Commissioners, officers, partners, employees, agents, customers, and invitees) for any loss or damage arising from any cause covered by any insurance required to be carried by Independent Contractor pursuant to this Agreement or any other insurance actually carried by Independenrt Contractor. Independent Contractor shall cause its insurer to issue appropriate waiver of Subrogation endorsements to all policies of insurance carried in connection with tins Agreement. Master Service Agreement 7/02103 VIIY. VENUE This Agreement is be wnstmed under the laws of the State of Texas and all obligations of the parties created by this Agreement are performable in KERR COUNTY, Texas. IX. PRIOR AGREEMENTS SUPERCEDED This Agreement constitutes the parties sole agreement and supersedes any prior understandings or written or oral agreements between the parties with respect to insurance or indemnification. This Agreemer does not waive any terms or conditions with respect to prior contracts, bids, purchase orders, requests for proposals (RFP), except with regard to the insurance requirements and indemnification. X.AMENDMENT No amendment, modification or alteration of this Agreement is binding unless in writing dated subsequent to the date of this Agreement and duly executed by all parties hereto. XI. TERMS Either party may cancel this agreement by providing written notice to the other party thirty (30) days prior to cancellation. XII. CONFIDENTIALITY Independent Contractor shall treat as confidential and shall not, without KERR COUNTY'S prior written consent, divulge to any third-party or, except to the extent necessary for performance hereunder, make any use of any of KERR COUNTY'S proprietary technical information which is disclosed or made available to Independent Contractor by or on behalf of KERR COUNTY. XIII. GENERAL PROVISIONS KERR COUNTY reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interests of KERB COUNTY in the eves of breach or default of this contract. KERB COUNTY reserves the right to terminate the contract immediately in the evert[ Independent Contractor fails to: (1) meet delivery, performance or completion schedules, or (2) otherwise perform im accordance with this contract or the specifications. Breach of contract or default authorizes KERB COUNTY to award to another bidder or purchase the goods and/or services elsewhere and charge the full increase in cost and any additional related fees or expenses incurred to Independent Contractor. No waiver by either pally of any one or more defaults by the other patty in the performance of this Agreement or any contract hereunder shall operate or be construed as a waiver of any future default or defaults by the same parry, whether of a like or different character. It is intended that if any provision of this Agreement is unenforceable for any reason, it shall be adjusted rather than voided, if possible, in order to achieve the intent of the parties. In any event, all other provisions of this Agreement shall be deemed valid, binding and still enforceable. blaster service Agreement 7/02/03 In the event that either party cormnits any material breach of this Agreement including, w2thout limitation, any breach of any indemnification obligation, in addition to any other remedy that the aggrieved party may have, at law or in equity, it shall be entitled to recover all costs, including court cost and attorney's fees, incurred in any procceding wherein the agreed parry seeks redress for such breach. This Agreement and any contract hereunder shall not be considered exclusive contracts. KERB COUNTY shall have the right to hire others to perform the same or similar work. KERR COUNTY BY INDEPENDENT CONTRACTOR: MikE F}tznt57eon.a- o4~2JACC= G~'l~nA?G-(~ ttJF4L~~ ~Iv~Jo''~ Master Service Agreement 7/02/03 ACORD,~ CERTIFICATE OF LIABILITY INSURANCE 12i8i2oo"s"' PRODUCER Insurance and Bonds, Inc. P.O. Box 692130 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Antonio TX 78269-2130 INSURERS AFFORDING COVERAGE NAIC# iR3uRED INSURERa: Amerisure Mutual Ins Co 23396 Whelan Plumbing Co., Inc. INSURERe: Amerisure Ins Co 2104 Memorial Blvd. INSURERG _ Kerrville TX 78028 MSURER D: _, -_ INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCDMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TH8 TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~~` POLIOV EFFECTIVE POLICY EXPIRANON LIMBS POLICY NUMBER A GENERAL LUULILITV CPP201619501 1/1/2006 1/1/2007 PACH OCCURRENCE E1, 000, 000 OOO 300 X COMMERCNL GENERAL LIABILRY PREMISES Ea acwrenee , t CLAIMS MADE OCCUR MED EXP (Anyone person) f 10,000 PERSONAL BADV INJURY t 1, GOO, OOO GENERALAGGREGATE f 2, GOO, OOO GEN'LAGGREGATE LIMRAPPLIES PER: PRODVCTS-COMP/OP AGG f 2, 000, OOO POLICY X PRO- LOC A AUT ONOBU.E LIABILLfY CA201619301 1/1/2006 1/1/2007 COMBINED SINGLE LIMIT t 1, 000, 000 X ANVAUTO (Ea aaMent) ALLOWNEDAUTOS BODILVIWURY t SCHEDULED AUTOS (Perperson) X HIRED AUTOS BODILY INJURY t X NON-0WNEO AUTOS (PeracddeM) X COMP $1000 PROPERTY DAMAGE f X LOLL $1000 (Peracci]era) GARAGE LUU3ILRY AUTOONLY-EAACCIDENT S ANYAUTO OTHERTHAN EAACC E AUTOONLY: AGG t EXCESSNMBREWLIABILHY CU201619801 1/1/2006 1/1/2007 . EACH OCCURRENCE f 1"000,000 B X OCCUR ~ CLAIMS MADE . AGGREGATE t 1 r GOO, OOO E DEDUCTIBLE t X RETENTION t O t A woRNERS COrfPENSAnoNAND WC201619201 1/1/2006 1/1/2007 X WCSTATU- OT1+ EMPLOYERS'LIABLLRY El. EACH ACCIDENT f SOO,000 ANYPROPRIETOR/PARTNERIFXECUTP/E $ O O O OO OFFICER/MEMBER E%CLUDED9 E.L.DISEASE-EA EMPLOYEE , E N descdbeunder SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMB E500,000 A OTHER IM201619701 1/1/2006 1/1/2007 Scheduled Equip. $308,532 Equipment Policy Leased/Rented $50,000 Deductible $1,000 DESCRIPTION OF OPERATIONS / LOCATONS/VEHICLES /EXCLUSIONS ADDED BV ENDORSEMENT/ SPECIAL PROVISIONS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING SNSURER Kerr County WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE 700 Main St CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO Kerrville TX 78028 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ~V I ACORD 25 NSc~ ~~ ~~` KERR COUNTY, TEXAS NOTICE TO BIDDER Sealed proposals addressed to the Commissioner's Court or Kerr County for: 1. Electrical 2. Plumbing 3. HVAC (Air Conditioning, Heating) 4. Pest Control Will be received at the County Clerk's Office unti15:00 P.M. on the 10"' of November 2006. Any Proposals received after closing time will be returned unopened. Return sealed proposals to the County Clerk, Kerr County Courthouse, 700 Main Kerrville, Texas 78028. Mark outside of envelope "PROPOSAL-ELECTRICAL", "PROPOSAL-PLUMBING", "PROPOSAL-HVAC", or "PROPOSAL-PEST CONTROL". Additional proposal sheets and specifications may be picked up at the Maintenance Department in the Lower Level of the Kerr County Courthouse 700 Main Kerrville, Texas 78028. To be opened on the 13s' day of November, at 10:00 A.M. at Kerr County Commissioner's Courtroom 700 Main Kerrville, Texas 78028. The County of Ken does not discriminate on the basis of race, color, national origin, sex, religion, age, and disability in employment or the provision of services. General Notice 10/13/06 KERR COUNTY, TEXAS BIb PROPOSAL Date: _ /O~a7~aaoG Bid Date: Nov. 13, 2006 Time: ° Opening: Kerr County Courthouse Commissioners' Courtroom Kerr County. Texas Kerr County Commissioners' Court Kerr Coumy Courthouse Kerrville, Texas Gentlemen: Pursuant to General Specifications fisted below and/or attached, the undersigned makes the following officer, F.O.B. Kerrville, Texas, with allowable exempt taxes (if applicable), having been removed from bid price. ITEM NO. 1 DESCRII'TJON Electrical AMOUNT Item # 1 E ectrica epair or Per Attac e our y c e u e Sealed proposals will be accepted by the Kerr Coumy Commissioners' Court in accordance with the attached specifications. Deliver/Completion will be made ~ or before November 1 0 2U 0 6 The equipment will be new and will meet the general speafications. KERB COUNTY COMMISSIONERS' COURT RESERVES THE RIGHT TO ACCEPT ANY QUALIFIED BIIJPROPOSAL OR REJECT ALL BIDS/PROPOSALS. Company: D W Electric Co. gy. David Wahrmund Press en Title. Address: 330 Peterson Dr: Kerrvi e, 028 Phone: 830- - FaxNo.: 830-257-3740 NOTE: USE THIS FORM ONLY. ADDIITONAL INFORMATION MAY BE ATTACHED. The County of Kerr does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services. c~.tsaro~.i 7/02!03 Bm ox ELEC~CA><. REPAIR SERVICE woRK FOR KERB COUxTY NOTE: Use this form fior the bid. Additic~oal information may be attaclrod. Submission of a bid >~s that the vw-dor ceRifies agreement m all the speaficxtions and caaditians. Total Repau Cost above 5100.00 must have the Building Maimeoance Supervisor's approval. We also reserve the right to price parts separately. Installatiions are subject to review and arc ~ automatically included in this bid. REGULAR WORKING HOURS: ELECTRICIAN CHARGE PER HOUR $52.50 HELPER CHARGE PER HOUR $ 21 _0 0 OVERTIME WORKING HOURS: ELECTRICIAN PER HOUR,_ $ 7 5.0 0 HELPER CHARGE PER HOUR $ 3 0.0 0 WEEKEND WORKING HOURS: ELECTRICIAN PER HOUR $ 7 0.0 0 HELPER CHARGE PER HOUR $ 3 0.0 0 HOLIDAY WORKING HOURS: ELECTRICIAN CHARGE PER HOUR $ 7 0.0 0 HELPER CHARGE PER HOUR $ 3 0.0 0 CHARGE POR COMPONENTS, REPAIR PARTS, AND SUPPLIES: ACTUAL COST PLUS 2 0 wARRANT7ES: MATERIALS/PARTS as per manufacturer's warranty LABOR one year D W Electric Co. 330 Peterson Drive Kerrville, TX 830-257-3739 COMPANY NAME ADDRESS PHONE NUMBER .._ ~~i SI ATURE AND TITLE David Wahrmund, President .~~ -27-~~© (o DATE 2006 Bid m aroaicd i~ wart '//OL03 STATE OF TEXAS COUNTY OF KERB AFFIDAVIT BEFORE ME, the undersigned authority, on this day Pe~~IY aPP~~ David Wahrmund lmown to me to be the person whose Warne is subscribed to the following, who upon oath, says: I am the Manager, Secretary or other agent or officer or the principal of the Bidder in the matter of the bids to which this affidavit is attached, and I have full lmowledge of the relations of the Bidder with the other firms in this same line of business, and the Bidder is not a member of any trust, pool or combination to control the price of supplies bid on, or to influence a~ person to bid or not to bid thereon. I further affirm that the Bidder has not gives, offered to give, not intends to give at any time hereafter any ec~omic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted bid. SWORN TO AND SUBSCRIBED BEFORE ME by the above Affiam, who, ~ oath states that the facts contained in the above are true and correct, this ~ 7 ~' day of _ A4rrr~, CONNIE 5. DIXON Notary Pubib, Stab of Tixss i ": ;~ My Commission Explns „,iti,+~ Maros 1E, 2ooe Name of B Signed by:. dx~ue~ ~1. olr~>L~~ N Public State of Texas W h.].ectric Co. resiaen Address; 330 Peterson Drive, Kerrville, TX 78028 Telephone Number: 8 3 0- 2 5 7- 3 7 3 9 Date: (~v ~~ NOTE: BIDS NOT ACCOMPANIED BX THIS AFFIDAVIT WILL NOT BE CONSIDERED. The County of Kerr does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services. affimVrt ~rozro3 MASTER SERVICE AGREEMENT This Agreement entered into as of _ day of , 20~ by KERB COUNTY ("County") and D W E lectr i c Co . ("Independen Contractor'. In consideration for the mutual promises wntained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: L PERFORMANCE OF WORK This Agrcemern shall apply to all services and goods provided by Independent Contractor to KERB COUNTY whether presently in progress or furnished from time to time in the future. Independent Contractor shall diligently perform all work in a skillful and workmanlike manner. II. COMPENSATION Independent Conrractor shall be entitled to such compensation as specifically authorized by KERB COUNTY in writing, which may be in the form of a contract, purchase order, work authorization or other written document. There shall be no increase in the compensation unless authorized by K ERR COUNTY in writing. III. WARRANTIES Independern Contractor shall perform all work with due diligence, in a good and workmanlike manner and in accordance with specifications provided by KERB COUNTY or in the absence of such specifications, generally accepted professional standards, and, where applicable, standards imposed by law for comparable or similar services. Independent Contractor warrants that the goods delivered under this Agreement will conform to the specifications provided by KERB COUNTY, if any, and that the goods will be merchantable, of good workmanship and material, free from defect and fit for their intended purpose. Except as otherwise specifically agreed, Independent Contractor shall provide all labor and skills, and all equipment, machinery, materials, and supplies necessary for the performance of such work. IV. INDEPENDENT CONTRACTOR In performing services or furnishing goods under this Agreement, Independent Cornractor shall act at all times as an Independent Contractor. Independent Contractor shall not make any commitment or incur any charge or expense in the name of KERR COUNTY. Independent Conrractor expressly agrees, aclrnowledges and stipulates that neither this Agreement nor the performance of its obligations or duties there under shall ever result in Independent Contractor, or anyone employed by Independent Contractor, being: 1) an employee, agent or representative of KERR COUNTY; or 2) entitled to any benefits from KERR COUNTY, including, without limitation, pension, profit sharing or accident insurance or health, medical, life or disabihty insurance benefits or coverage, to which employees of KERB COUNTY may be entitled. KERB COUNTY shall have no direction or control of hmdependent Contractor or its employees and agents except in the results to be obtained. The actual performance and superintendence of all work shall be by Independent Contractor, but such work shall meet the approval of KERB COUNTY. V. INSURANCE Independent Contractor shall at all times during time term of this Agreement at Independern Contractor's sole expense carry such insurance as may be reasonably requested by KERB COUNTY, including, but without limitation, Ume following types and limits: Master Service Agee`uefrt 7/02/03 Automobile $500,000.00 each accident Combined Single Liability $500,000.00 each accident Uninsured/Underinsured Motorists Combined Single Liability All owned, non-owned, hired and all vehicles used by Independent Contractor with a combined single limit of $500,000.00, covering personal injury (including bodily injury and properly damage) Commercial and Comprehensive Liabilitu $1,000,000.00 General Aggregate $1,000,000.00 Products/Completed Operations Aggregate $1,000,000.00 PersonaUAdvertising Injury $1,000,000.00 Each Occurrence Worker's Compensation Insurance Part A Texas Statutory Medical, Indemnity, AD & D Part B Employers Liability 100,000 Per Person Per Accident 100,000 Per Person Per Disease 500,000 Policy Aggregate -Disease Any subcontractors of the undersigned Independent Contractor shall be required to maintain similaz type insurance with similar type limits. KERR COUNTY shall be named as an additional insured on all policies where available and Certificates of such insurance shall be furnished by Independent Contractor and any subcontractors where applicable to KERB COUNTY. The types of coverage or limits may be modified only by written agreement between KERR COUNTY and Independent Contractor. VI. INDEPENDENT CONTRACTOR SHALL PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS KERR COUNTY AND ITS REPRESENTATIVES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, COUNTY COMMISSIONERS, AND COUNTY JUDGES, ETC., FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS AND CAUSES OF ACTION ASSERTED BY ANY PARTY (INCLUDING, BUT NOT LIMITED TO, EMPLOYEES OF INDEPENDENT CONTRACTOR AND KERR COUNTY) THAT ARI5E OUT OF OR ARE RELATED TO WORK AND ARE CAUSED BY OR ARISE OUT OF INDEPENDENT CONTRACTOR'S NEGLIGENT ACTS OR OMISSIONS OR WILLFUL MISCONDUCT AND RESULT IN PERSONAL INJURY (INCLUDING BODILY INJURY), ILLNESS, DEATH OR PROPERTY LOSS OR DAMAGE, OR ANY CIVIL FINES OR PENALTIES IMPOSED BY ANY GOVERNMENTAL AGENCY, OFFICER, OR COURT OF LAW. VII. WAIVER OF SUBROGATION Independe~ Contractor hereby waives any and all rights to recover against KERR COUNTY (including KERB COUNTY'S representatives, County Commissioners, officers, partners, employees, agents, customers, and invitees) for any loss or damage arising from any cause covered by any insurance required to be carried by Independent Contractor pursuant to this Agreement or any other insurance actually carried by Independent Contractor. Independe~ Contractor shall cause its insurer to issue appropriate waiver of Subrogation endorsements to all policies of insurance carried in wnnection with this Agreement. Mas[u service ABreemert 7/02/03 VIII. VENUE This Agreement is be construed under the laws of the State of Texas and all obligations of the parties created by this Agreement aze performable in KERR COUNTY, Texas. IX. PRIOR AGREEMENTS SUPERCEDED This Agreement constitutes the parties sole agreement and supersedes any prior understandings or written or oral agreements between the parties with respect to insurance or indemnification. This Agreement does not waive any terms or conditions with respect to prior contracts, bids, purchase orders, requests for proposals (RFP), except with regazd to the insurance requirements and indemnification. X. No amendment, modification or alteration of this Agreement is binding unless in writing dated subsequent to the date of this Agreemern and duly executed by all parties hereto. XL TERMS Either party may cancel this agreement by providing written notice to the other party thirty (30) days prior to cancellation. XII. CONFIDENTIALITY Independent Contractor shall treat as confidential and shall not, without KERR COUNTY'S prior written consent, divulge to any third-partyor, except to the exterrt necessary for performance hereunder, make any use of any of KERR COUNTY'S proprietary technical information which is disclosed or made available to Independent Contractor by or on behalf of KERR COUNTY. XIII. GENERAL PROVISIONS KERB COUNTY reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interests of KERB COUNTY in the evern of breach or default of this contract. KERB COUNTY reserves the right to terminate the contract immediately in the event Independent Contractor fails to: (1) meet delivery, performance or completion schedules, or (2) otherwise perform in accordance with this contract or the specifications. Breach of contract or default authorizes KERR COUNTY to award to another bidder or purchase the goods and/or services elsewhere and chazge the full increase in cost and any additional related foes or expenses incurred to Independent Contractor. No waiver by either party of any one or more defaults by the other patty in the perfom~auce of this Agreement or any contract hereunder shall operate or be construed as a waiver of any future default or defaults by the same party, whether of a like or different character. It is intended that if any provision of this Agreement is unenforceable for any reason, it shall be adjusted rather than voided, if possible, in order to achieve the intent of the parties. In any evern, all other provisions of this Agreement shall be deemed valid, binding and still enforceable. Mash Service Agreem~t 7/02/03 In the event that either party commits any material breach of this Agreement including, without ]imitation, any breach of any indemnification obligation, in addition to any other remedy that the aggrieved party may have, at law or in equity, it shall be entitled to recover all costs, including court cost and attorney's fees, incurred in any proceeding wherein the agreed parry seeks redress for such breach. This Agreement and any contract hereunder shall not be considered exclusive contracts. KERB COUNTY shall have the right to hire others to perform the same or similaz work. KERB COUNTY BY INDEPENDENT CONTRACTOR: Mas[u Service Ageement 7/02/03 KERB COiJNTY shall not be liable or responsible for, and shall be saved and held harmless by D w Electric co. (Vendor Named from and against any and all suits, actions, losses, damages, claims, or liability of any character, type or description including any claim for subrogation by any insurance carrier, and all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out ot; or occasioned by, directly or indirectly, the performance of D w Electric co . (Vendor Namej under this agreement, including claims and damages arising in whole or in part from the negligence of KERB COUNTY. It is the expressed intern of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by D W Electric Co. (Vendor Named to ie~f3r And prat®st- `'-° 7/O~N13 Q ~w~ ~ o MQ,,, ~ ,~gp~8 1 l- ~~ t~ 1_i V4~ ' ~~ .~_.,t_~l+s. KERB COUNTY, TEXAS $ID PROPOSAL Date: November 10,2006 Bid Date: November 10,2 06 Time: _ OP~~ Kerr County Commissioners' Court Kerr County Courthouse Kem+ilte, Texes Gentlemnen: K_ Prr f'ou~y C:nurtho113e 3Qmmfe¢fnnerg' Courtroom Kerr jout+ty Texas Pursuant to General Specifications listed below andlor attacbod, the nndersigtyod makes the following officer, F.O.B. Kerrville, Texas, with allowable exempt taxes (if applicable), Laving hem removed fi+om bid price. ~~~ wTn 1)FCr'RiPTfL1N AMOUNT Sealed proposals will be acx~eptod by the Kerr Comity Conomissianers' Court is accordance with the attached specifications. DeliverlCompletion wiU be made on cebefore . 20_. The equipment will be new and will meet the general specific~ioats. KERR COUNTY COMMISSIONERS' COURT RESE$VES THE RIGHT TO ACCEPT ANY QUALIFIED BJL!PROFOSAL OR REJECT ALL BJDS/PROPOSALS. y;Guadalupe'Electric Address: 2 8 0 0 P e d d l e r L n ~'de Kerrvi 028 per: 830-89 - 48 Fax No.: 8 3 0 - - NOTE: USE THIS FORM ONLY. ADDITIONAL INFORMATION MAY BE ATTACHIiD. The Cauaty of Kerr does >mt discrintinatc ca the basis of race, odor, nafioaal origin, sex, religiaat> age and disability in employment or the ptovisiat of services. c>ooa.~r3iat~opo,.i ~roaros BIA ON ELF.CI'RICAL REPAIR SERVICE WORK Fo>~ KERR COUNTY NOTE: Uae ibis form Sot the bid. Addidmal mfata~atim may be aaatLed. Snhmiexien of a bid Hale that the veatdor ottdfim agreattwt b all the epeci6cedooe aed oeodioooc. Taal Repair Cwt above SI00.00 tmaR hwa the 13uildins Maietduioee Supetviaor's approval. We abw taeeve the rim m price paets.ep.taelfr• IoWllamaoe are aubjcet in review and are cot au0omatinUY ior]oded is this bid. REGiTLAR WORKIIVG HOURS: $ 5 D . 0 0 ELECTRICIAN CHAROE PER HOUR HELPER CHARGE PER r~[m $ 2 5.0 0 OVERTEI~ WOWCIld() HOURS: $ 9 0.0 0 ELECTRICIAN PER HOUR $ 37.50 HELPER CHARGE PER HOt tQ WEBKFIJD WORKQ~IG HOVRSS a t $ 9 0.0 0 Sun $ 12 0.0 0 ELECTRICIAN PER HOUR Sat $ 37.50 Sun $ 50.00 HELPER CHARGE PBRHOUR HOLmAY WORKING HOURS: $ 12 0.0 0 E1~CYRtCIAN t3iAR~t3E PER HOUR HELPER CIIARA"iB PER HOIm $ 5 0 . 0 0 CHARGE FOR COMPONII'>7'S, REPARt PARTS, AND SUPPLIES: ACTUAL COST PLUS 5 5 X WARRANTII~: 1 yea r MATERIALS/PARTS LABOR veers 50'Bucket Truek $ 95.00 per hour 32' Genie lift $ 75.00 per hour GUADALUPE ELECTRIC, INC.2800 Peddler Ln. 895-2148 24hrs COMPANY NAME ADDRESS PHONE NUMBER KERRVILLE, TEXAS 78028 ATURE AND T[II..E Sir r ilad~faJ aa~aaniw Wade ~qLW L ~ ~ ~ ~ 02006 DATE 2~2'd 0052 568 0£801 ~WOiyd 0560 9002-0L-hON STATE OF TEXAS COUN'T'Y OF KERB AFFIDAVIT BEFORE ME, the undersigioed authority, an this day personally appeared John M . F 1 o w e r s (mown to nre to be the person whose name is subscribed to the SoUowing, who upon oath, says: I am the Manager, Secretary or other agert or officer or the principal of the Bidder in the matter of the bids to which this affidavit is attached, a~ I have full lmowledge of the rehrtians of the Bidder with the other Enos in this same line of business, and the Bidder' is net a member of any trust, pool ar ccenbination to control the price of supplies bid on, or to influence a~ person to bid or not to bid thereon. I further affirm that the Bidder has mt given, offered to give, not intends to give at any time hereafter a~ economic oppcrprmty, future employment, gib, loan, gratrrity, spacial disoouot, trip, favor, or service to a public servant in cao>sectim with the submitted bid. ~~ SWORN TO AND SUBSCRIBED $IiFORE ME by the show Affiam, who, m oath sues that the facts contained in the~~,Q?{~ are true and correct, this 10th ,~y ~- ovem er 2U 06 ~`2*:EwN KAY E. OSBURN oq,..,.,~`: ~ Notary Public, State of Texas g ~ My Commission Expires ':w', ~Sd„`~`~ October 24, 2D09 h~ State of Texas Name of Bidder Guadalupe Electric/ JOHN FLOWERS Signed by: P r i d n t namc n w~>m~) 2800 eddler Ln. Kerrville, Texas 78010 Telephone Number: 8 3 0- 8 9 5- 214 8 ~; 1 1/ 10 NOTE: BIDS NOT ACCOMPANIED BX THIS AFFIDAVIT WII.L NOT BE CONSIDERED. The County of Kerr does not discriminate an the basis of race, color, national origin, sex, religion, age and disability in emPloYmm2 or the Provision of services. at54..~t ~rosro3 MASTER SERVICE AGREEMENT Tlmis Agreement entered into as of 1Q day of November , 200 by KERB COUNTY ("Coucty") and Guadalupe Electric , Inc . ("Independent Contractor'. In consideration for the mutual promises contained herein, and other good and valuable consideration, the receipt of which is hereby aclmowledged, the parties agree as follows: I. PERFORMANCE OF WORK This Agreement shall apply to all services and goods provided by Independent Contractor to KERR COUNTY whether presently in progress or famished firnn time to time in the future. Independent Contractor shall diligently perform all work in a skillful and worlananlike manner. II. Independent Contractor shall be entitled to such compensation as specifically authorized by KF.RR COUNTY in writing, which may be in the form of a cxntract, purchase order, work authorization or other written document. There shall be no increase in the compensation unless authorized by KERB COUNTY in writing. III. WARRANTIES Independent Contractor shall perform all work with due diligence, in a good and worlarmanlike manner and in accordance with specifications provided by KERB COUNTY or in the absence of such specifications, generally accepted Professional standards, and, where applicable, eta~.rtc imposed by law for comparable or similar services. Independent Contractor warrants that the goods delivered under this Agreement will conform to the specifications provided by KERB COUNTY, if any, and that the goods will be merchantable, of good worlnnanship and material, frce from defect and fit for their intended purpose. Except as otherwise specifically agreed, Independent Contractor shall provide all labor and skills, and all equipment, machinery, materials, and supplies necessary for the perfiumance of such work. IV. In performing services or famishing goods under this Agreement, Independent Contractor shall act at all times as an Independent Contractor. Independent Contractor shall not make any commitment or incur any charge or expense in the name of KERR COl1N`I'Y. Independe~ Contractor expressly agrees, aclrnowledges and stipulates that neither this Agreement nor the performance of its obligations or duties there under shall ever result in Independe~mt Contractor, or anyone employed by Indept Contractor, being: 1) an employee, agent or representative of KI;RR COUN'T'Y; or 2) emitled to any benefits from KERB COUNTY, including, without limitation, pension, profit sharing or aceident ,n~„rA„ce or health, medical, life or disability insurance benefits or coverage, to which employees of KF.RR COUNTY may be entitled. KEI2R COUNTY shall have no directi~ or control of Independert Contractor or its employees and agects except in the r~uhs to be obtained. The achmal performance and superintendence of all work shall be by Independent Contractor, but such work shall meet the approval of KI:RR COUNTY. V. INSU1tANCE Independert Contractor shall at all times during the temm of this Agreement at Independent Contractor's sole expense carry such ~n~,,.y,*ce as may be reasonably requested by KERB COUNTY, including, but without limitation, the following types and limits: Mayor S~vica Agre®mt 7/02/03 Automobile $500,000.00 each accident Combined Single Liability $500,000.00 each aceident Uninsured/Underinsured Motorists Combined Single Liability All owned, non-owned, hired and all vehicles used by Independent Contractor with a combined single limit of $500,000.00, covering personal injury (including bodily injury and property damage.) Commercial and Carnprehensive Liability $1,000,000.00 General Aggregate $1,000,OO0.0o Products/Completed operations Aggregate $1,000,000.00 PersonaVAdvertising Injury $1,000,000.00 Each Occurrence Worker's CoJrtoensation Insurance Part A Texas Statutory Medical, Indemnity, AD & D Part B Employers Liability 100,000 Per Person Per Accident 100,000 Per Person Per Disease 500,000 Policy Aggregate -Disease Any subcontractors of the undersigned Independent Contractor shall be required to maintain similar type insurance with similar type limits. KERR COUNTY shall be named as an additional insured on all policies where available and Certificates of such insurance shall be fiunished by Independent Contractor and any subcontractors where applicable to KERB COUNTY. The types of coverage or limits may be modified o~Y by ~ttce agreement between KERB COUNTY and Independent Contractor. VI. INDEMNITY INDEPENDENT CONTRACTOR SHALL PROTECT, DEFEND, INDEMNIFY AND HOLD w.suNrr.ESS KERR COUNTY AND ITS REPRESENTATIVES, OFFICERS, DIItECTORS, AGENTS, EMPLOYEES, COUNTY COMMISSIONERS, AND COUNTY JUDGES, ETC., FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS AND CAUSES OF ACTION ASSERTED BY ANY PARTY (INCLUDING, BUT NOT LIl~IITED TO, EMPLOYEES OF INDEPENDENT CONTRACTOR AND KERB COUNTY) THAT ARISE OUT OF OR ARE RELATED TO WORK AND ARE CAUSED BY OR ARISE OUT OF INDEPENDENT CONTRACTOR'S NEGLIGENT ACTS OR OMISSIONS OR WILLFUL MISCONDUCT AND RESULT IN PERSONAL INJURY (INCLUDING BODH.Y INJURY), H.LNESS, DEATH OR PROPERTY LOSS OR DAMAGE, OR ANY CIVIL FINES OR PENALTIES IMPOSED BY ANY GOVERNMENTAL AGENCY, OFFICER, OR COURT OF LAW. VII. WAIVER OF SUBROGATION Independent Contractor hereby waives any and all rights to recover against KERB COUNTY (including KERR COUNTY'S representatives, County Commissioners, officers, partners, employees, agents, customers, and invitees) for any loss or damage arising from any cause covered by any insurance required to be carried by Independent Contractor pursuant to this Agreement or any other ;++m~n+nce actually carried by Independent Contractor. Independent Contractor shall cause its insurer to issue appropriate waiver of Subrogation endorsements to all policies of insurance carried in connection with this Agreement. Mager Servico Agreem~ 7/02/03 VIII. VENUE This Agreement is be construed under the laws of the State of Temras and all obligations of the parties created by this Agreement are performable in KERB COUNTY, Texas. IX. PRIOR AGREEMENTS SUPERCEDED This Agrcemem constitutes the parties sole agreement and supersedes any prior understandings or written or oral agreeme~s between the parties with respect to insurance or indemnification. This Agreeme~ does not waive any terms or conditions with respect to prior contracts, bids, purchase orders, requests for proposals (RFP), except with regard to the insuraace requiremeMS and indemnification. X. AMENDMENT No amendment, modification or alteration of this Agreement is binding unless in writing dated subsequent to the date of this Agreement and duly execarted by all parties hereto. XI. TERMS Either party may cancel this agreement by providing written notice to the other party thirty (30) days prior to cancellation. XII. CONFIDENTIALITY hrdependcet Contractor shall treat as confidential and shall not, without KERB COUNTY'S prior written consent, divulge to any third-parry or, except to the exttvt necessary for performance hereunder, make any use of any of KERB COUNTY'S proprietary technical information which is disclosed or made available to Lmdepende~ Contractor by or an behalf of KERR COUNTY. XIII. GENERAL PROVISIONS KERB COUNTY reserves the right to enforce the performance of this contract in any manner prescribed by law or dcerned to be in the best interests of KERR COUNTY in the event of breach or default of this contrail. KERB COUNTY reserves the right to terminate the contract immediately in the event Independent Contractor fails to: (1) meet delivery, performance or completion schedules, or (2) otherwise perform in accordance with this contract or the specifications. Breach of contract or defauh authorizes KERB COUNTY to award to another bidder or purchase the goods and/or services elsewhere and charge the full increase in cost and any additional related foes or expenses incurred to Independent Cortractor. No waiver by either party of any one or more defaults by the other parry in the performance of this AgrcemeM or any contract hereunder shall operate or be construed as a waivei of any future default or defauhs by the same party, whether of a like or differ+~t character. It.is intended that if any provision of this Agreement is unenforceable for any reason, it shall be adjusted rather than voided, if possible, in order to achieve the intent of the parties. In any event, aU other provisions of this Agreement shall be deemed valid, binding and still enforceable. hrasta service 7/02/03 KERB COUNTY shall not be liable or responsible for, and shall be saved and held harmless by Guadalupe Electric (Vendor Name) from and against arty and all suits, actions, losses, damages, claims, or Lability of a~+ character, type or description including a~ claim for subrogation by arty insurance carrier, and all expenses of litigation, court costs, and attorney's fees for injury or death to a~+ person, or injury to any property, received or sustained by arty person or persons or property, arising out o1; or occasioned by, directly or indirectly, the performance of Guadalupe E l e c t r i c (,.,Vendor Namel under this agreement, including claims and damages arising in whole or in part from the negligence of KERB COUNTY. It is the expressed infarct of the parties to this Ageemem that the indemnity provided for in this section is as indemnity extended by G u a d a l u p e E l e c t r i c (Vendor Name) to indemnify and protect KERB COUNTY from the consequences of KERB COUNTY's own negligence, whether the negligence is the sole or contributory cause of resultant injury, death or damage. ~r n Provos In the event that either party commits any material breach of this Agreemeil including; without limitation, auy breach of any indemnification obligation, in addition to any other remedy that the aggrieved party may have, at law or in equity, it shall be entitled to recover all costs, including court cost and attorney's fees, incurred in any Proceeding wherein the agreed Party seeks redress for such breach. This Agreement and any contrail hereunder shall not be considered exclusive contracts. KERB COUNTY shall have the right to hire others to perform the same or similar work. KERR COUNTY BY INDEPENDENT CONTRACTOR: Guadalupe Electric, Inc. blaster savica Agae~ '7/02103 -„s_" Gu~~~ 91606 5029-1608 K~ viNe,'~exas~ a Ken ~~nty ~°u[ttiouse Odunry clerk, Main 28 K nville, Texas 780 PROpOSAt-ELECTRICAL KERB COUNTY, TEXAS Date: _ Bid Date: Time: _ OPemng: Kerr County Commissioners' Court Kerr County Courthouse Kerrville, Texas Gentlemen: Kerr County Co urthou~ (`~trLmi2a_iOII piS' COLrt~m LCe~r,Cout+*v Te xas Pursuant to General Specifications listed below and/or attached, the undersigned makes dre following offiar, F.O.B. Kerrville, Texas, with allowable exmnpt taxes (if applicable), Laving been removed from bid price. ITEM NO DESCRIPTION I~~S~" W(I ~YY~ AMOUNT $~45D Der rviorr~-h Sealed proposals will be accepted by the Kerr Coumy Commissioners' Court in accordance with tLe attached specifications. Deliver/Compktic®will be made on as before 20_. The equipment will be new and will men. the general specifications. KERB COUNTY COMMISSIONERS' COURT RESERVES THE RIGHT TO ACCEPT ANY QUALIFIED BIL/PROPOSAL OR REJECT ALL BYI3SlPROPOSALS. Company: Un~r ~PS~-4~t1~ro~ By: ak Title Address: ~5 ~ranCiS~-D L~em~ K~cro~le Tx Phoire: k3c7. 59~-41cc7 FaxNo.: 5530- g°b-~}a43 NOTE: USE THIS FORM ONLY. ADDITIONAL INFORMATION MAY BE ATTACHED. The County of Kerr does ~ discriminate on the basis of race, cxlor, national origin, sex, religion, age aml disability in employmwet as the provision ~ cervices. cmwal &d Aopmt Brous KERB COUNTY shall not be liable or r/e~ sponsible for, and shall be saved and held harmless by .,~~~ WU Yl+ru ~e~~- l.on-k'o ~ (Vendor Name) from and against arty and all suits, actions, losses, damages, claims, or liability of a~+ character, type or description including aay claim for subrogation by a~ insurance carrier, and all expenses of litigadoq court costs, and attonnty's foes for injury or death to any persoq or injury to any property, received or sustained by any person or persons or property, arisingo/ut o1; r occasioned by, dir~ectiy or indirectly, the performance of ~2S~ COn fr a ~ bu I-Y~ ~ lYi e5 m d endor Name) under this agreement, including claims and 0 damages arising in whole or in part from the negligence of KERR COUNTY. It is the expressed invent of the parties to this Agree pment that the indemnity provided for in this section is an indemnity extended by ~, ! I 1, O~VI~r ~ ~ . ~- ~-~-ro ~ {Vendor Name) to indemnify and protect KERB COUNTY from the consequences of KERB COUNTY's own negligence, whether the negligence is the sole or comributory cause of resultant injury, death or damage. r ~rovw STATE OF TEXAS COUNTY OF KERR AFFIDAVIT /~ ~~ ~,~d ~ y> ~ r>>;s say icy ~i~~ laxrwm w me to be the person whose name is subscxibod to >~ foUow6ig, who upon oath, says: I am the Manager, Secretary or other agent. or officer ar the principal of the Bidder in the matter of the bids to which this affidavit is attached, and I have full Jmowledge of the relations of the Bidder with the other Enos in this same line of business, and the Bidder is not a member of any taut, pool or combination to oontrd the price of supplies bid on, or to influence any person to bid or naR to bid thereon. I further affirm that the Bidder has net gives, offered to give, not idends to give at any time hereafter a~ e~mic tY. firdrre ~PIoY~~ 8i~ fin, t~Y. , trip, fawn, or service to a public servant in cooaectiea with the subtnittsd bid. ,~ ffi SWORN TO AND SUBSCRIBED BEFORE ME by the above Affiant, who, on oath at ~e fads cxmtained in the above are true and correcrt, this '1 *' say of _ :;~;:~~: :*. •*• urrAS~NCwEz ~7~~ShMofT~ ', ~.,,. or MyCanrNabn Ezpins JUNE 16 2009 V l (MA~ ~.~~u%'~h/ • , , Notary public State of Texas Name of Bidder: i I ~ ~ u n-I-r~~es -1- Con,-ro Signed by: •-• ---, TeleplwneNumber:_~.30- gQ5- 200o Date: NOTE: BIDS NOT ACCOMPANIED BX THIS AFFIDAVIT WII.L NOT BE The Coumy of Kerr does net discrinoinate oa the basis of race, Dolor, national origin, sex, reli8ian, age and disability in employmao~ or the provision of services. ~~ 7/01103 MASTER SERVICE AGREEMENT This Agreement entered into as of _ day of , 20~ by KERB COUNTY ("County's and ("Independent Contractor'. In consideration for the mutual promises contained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: I. PERFORMANCE OF WORK This Agreement shall apply to all services and goods provided by Independent Contractor to KERR COUNTY whether presently in progress or famished finny time to time in the future. Independent Contractor shall diligertly perform all work in a skillful and worlnrrarilike meaner. II. Independent Contractor shall be entitled to such compensation as specifically authorized by KERB COUNTY in writing, which may be in the form of a contract, purchase order, work authorization or other written document. There shall be no increase in the compensation unless authorized by KERR COUNTY in writing. III. WARRANTIES Lrdepcedent Contractor shall perform all work with due diligence, in a good and worlmraulike manner and in accordance with specifications provided by KERB COUNTY or in tbe absence of such specifications, generally accepted Professional standards, and, where applicable, standards imposed by law for comparable or similar services. Lrdependent Contractor warrants that the goods delivered under this Agreement will cenform to the specifications provided by KERB COUNTY, if any, and that the goods will be merchantable, of good worlananship and material, &ee from defect and fit for their intended purpose. Except as otherwise specifically agreed, hulependent Contractor shall provide all Libor and skills, and all equipment, machinery, materials, and supplies necessary for the perfomumce of such work. IV. h3 performing services or firmishing goods under this Agreerent, h3depeadent Contractor shall act at all tirr~s as an Lndependent Contractor. Independent Contractor shall not make any comnrilrrrent or incur any charge or expense in tbe Warne of KERB COUNTY. Independent Contactor expressly agrees, aclmowledges and stipulates that neither this Agreement nor the performance of its obligations or duties there under stall ever result in Independent Contractor, or anyone employed by Independent Contractor, being: 1) an employee, agent or representative of KERB COUNTY; or 2) entitled to any benefits from KERR COUNTY, including, without limitation, pension, profit sharing or accident insurance or health, medical, life or disability insurance benefits or coverage, to which employees of KERR COUNTY may be entitled. KERR COUNTY shall have no direction or control of Independent Contractor or its employees and aged except in the resuhs to be obtained. The actual performance and superintendence of all work shall be by Independent Contractor, but such work shall meet the approval of KERB COUNTY. V. INSURANCE Independent Contractor shall at all times during the term of this Agreement at Independent Contractor's sole expense carry such ,nenrarce aS may be reasonably requested by KERB COUNTY, including, but without limitation, tbe following types and limits: Mesta savica n~an 7/02/03 A tour it $500,000.00 each accident Combined Single Liability $500,000.00 each accident Uninsured/[Jnderinsured Motorists Combined Single Liability All owned, non-0wned, hired and all vehicles used by Independent Contractor with a combined single limit of $500,000.00, coverigg personal injury (including bodily ~jmY ~ PmI~Y d~8e•) Commercial and Comprehensive Liabiliiv $1,000,000.00 General Aggregate $1,000,000.00 Products/Comple~ s~ce aim 7/02103 In the event that either party commits any material breach of this Agreement including; without limitatioq a~ breach of any indemnification obligation, in addition to any other remedy that the aggrieved party may have, at law or in equity, it shall be entitled to recover all costs, including court cost and attorney's fees, incurred in any proceeding wherein the agrced party seeks redress for such breach. This Agreerent and any contract hereunder shall not be considered exclusive contracts. KERB COiJN'I'Y shall have the right to hire others to perform the same or similar work. KERR COUNTY INDEPENDENT CONTRACTOR; s~ n~ooa~ 7102/03 • COURTHOUSE 700 Main St. Kerrville, TX 78028 $80.00 • SHERIFF'S OFFICE & JAIL 400 Clearwater Paseo Kerrville, TX 78028 $80.00 • EXTENSION OFFICE 3655 Hwy 27 Kerrville, TX 78028 $25.00 • H.C. YOUTH EXHIBIT CENTER 3705 Hwy 27 Kerrville, TX 78028 $70.00 • ANIMAL CONTROL 3317 Loop 534 Kerrville, TX 78028 $40.00 • JP #4 & TAX ANNEX (INGRAM) 216 State Hwy 27 INGRAM, TX 78025 $25.00 • ADULT PROBATION -This building is part of Thad Ziegler Glass Co. 431 Quinlan Kerrville, TX 78028 $65.00 • JUVENILE DETENTION CENTER 3501 Legion Dr. Kerrville, TX 78028 • JP#2 Center Point, TX 78010 TOTAL $50.00 $15.00 $450.00 Hill CauntT`1 Pest Contr°l 305 Fr~cisaTx 78028 t gerrville, KEG CpU A-jiCE ATTENTION _ - ~~T ~~ 1'.~~ f D(~ rm~, co.aas~x ~ 0 3 A~ Starkey Pest Control P.O. Box 291232 Kerrville, Tx. 78028 (830)257-5525 November 10, 2006 BID PROPOSAL Kerr County Commissioner's Court Kerr County Courthouse 700 Main Street Kerrville, Texas 78028 Bid for Pest Control for all Kerr County Buildings Service to begin Monthly Services to be provided at the following: Building Location Monthly Amount Court House $85.00 700 Main Street Kerrville, Texas 2. Sheriffs Department, Jail & J.P. #2 $200.00 400 Clearwater Paseo Kerrville, Texas 3. Extension Office $25.00 3655 Hwy. 27 Kerrville, Texas 4 Hill Country Youth Exhibit Center $80.00 3705 Hwy. 27 Kerrville, Texas 5. Animal Shelter $25.00 3317 Loop 534 Kerrville, Texas 6. J.P. #4 & Tax Annex in Ingram $25.00 216 State Hwy. 27 Ingram, Texas 7. Adult Probation $45.00 431 Quinlan Kerrville, Texas 8. Juvenile Detention Center $190.00 3501 Legion Dr. Kerville, Texas 9. Center Point Building $10.00 TOTAL FOR MONTHLY SERVICE TO ALL LISTED $685.00 Warranty: Starkey Pest Control will service the premises at least once each month, inside and outside perimeter, in order to control pest listed below. If additional service is needed by the customer between the regular service visits, service will be performed at no additional cost to the customer. The pests included are: Roaches, Silverfish, Ants, Spiders, Wasps, Pillbugs, Crickets, Earwigs, Millipedes, Scorpions, Fleas, and rodents (mice and rats). This proposal does not provide for the control of wood destroying insects. Starkey Green KERB COUNTY, TEXAS Date: ~o e/`r ~r /(~ ~, 2 0 ob Bid Date: ave." 6.Pr /b..2Q~ Time: _~Gb Commissioners' Courtroom ~Cerr C9u~tl+- Texas Kerr County Commissioters' Court Kerr Courty Courthouse Kerrville, Texas Gentlemen: Pursuant to General Specifications listed below a~/or attacliod, the undersigned makes the following officer, F.O.B. Kerrville, Texas, with altowable exempt taxes (if applicable), having been renuaved firm bid price. /Set ffa ~l..~o~ .:~ Sealed proposals will be accepted by the Kerr Couny Commissioners' Court in accordance with the attached specificatiaos. Deliver/Completiaa will be made on or before 20 The equipment will be sew and will meet the general speafiwtions. KERB COUNTY COMMISSIONERS' COURT RESERVBS THE RIGHT TO ACCEPT ANY QUALIFIED BIIJPROPOSAL OR REJECT ALL BmS/PROPOSALS. ComPanY~ Title Phone: Fax No.: NOTE: USE THIS FORM ONLY. ADDTI'IONAL INFORMATION MAY BE ATTACHED. The Couny of Kerr does ~ discriminate an the basis of race, Dolor, mtianal origin, sex, religion, age and disability is empkrymem, ar the provision of services. cmaat Sin Ao~aed Provos KERB COUNT/Y~ shall not be G le or re//s~pons~~ible for, and shall be saved and held harmless by _ Sl~~j ~~ Y .e Sf ~mnTir. ~ (Vendor Named from and against any and all suits, actions, losses, damages, claims, or liability of a~+ character, type or description including a~+ claim for subrogation by any insurance carrier, and all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to a~ property, received or sustained by arty person or persons or property, arisingnout o>; or occasioned by, directly or indirectly, the performance of .5~~.-~e v /".oc~ ~.~~v~ (Vendor Name under this agreement, including claims and damages arising in whole or in part from the negligence of KERR COUNTY. It is the expressed intent of the parties to this Agreement that thne indemnity provided for in this section is an indemnity extended by S~a~. ke. y Y.e c ~ ~o,..fro. (Vendor Named to indemnify and protect KERR COUNTY from the consequences of KERB COIINTY's own negligence, whether the negligence is the sole or contributory cause of resultam injury, death or damage. rode®ay noa~meos ~rozro3 STATE OF TEXAS COUNTY OF KERB AFFIDAVIT BEFORE,~'~, the authority, ar this daY PAY S~~ r- k~.X f{5 f ~'o~+ lmown to use to be the person whose nau~e is subscribed to the following, who upar oath, says: I am the Manager, Secretary or other agent or officer or the principal of the Bidder in the matter of the bids to which this affidavit is attached, and I have full loaowlodge of the telaiicns of the Bidder with the other firms in this same line of business, and the Bidder is naa a member of airy oust, pod or cembinatiar to centrol the price of supplies bid ar, or to influence any persar W bid or not to bid thereon. I further affirm that the Bidder has rat given, offered to give, art intends to give at a~ time heteatDer arty economic oPPSS firtum ~PloYmeat, gib, loan, gratuity, special discount, trip, favor, or service to a public servant in c~nnectiar with the submitted bid. ~_ /[,~ SWORN TO AND SUBSCRIBED BEFORE ME by the above Affi t who, ar oath the facts contained in the ~e are true and corset, this nay of _ ,,o„a~ry;~,,, ELSA iREVINO ;_ ''^~ Notary Public, State of Texes " ~ My Commission Expires N Public _,., o~y a,,,;it~;~~ July 16, zoos State of Texas Name afBidder ,) ~e,rk~Y /.Kr l,o ~~•o Srgned bY• ~. Sf.,.. lr. Telephone Number: (ft.X~I 15 % - NOTE: BIDS NOT ACCOMPANIED BX THIS AFFIDAVIT WII.L NOT BE CONSIDERED. The County of Kerr does not dirscxximinade ar the basis of race, odor, national origin, sex, re~ar> ~ ~ disability in ~PIoY~ or ~ Provision of services. n~dava 7/oTl03 MASTER SERVICE AGREEMENT This Agreement en/tered icto as9~ 1Q day of Nc>r~/, 20~ by KERB COUNTY ("CoumY'~ and ~7"S~~~a! /~.cs ~ C~-.y~.~ l ("Independent Contractor'. In consideration for the mutual promises contained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: I. PERFORMANCE OF WORK This Agreement shall apply to all services and goods provided by Independert Contractor to KERB COUNTY whether presently in progress or famished fran time to time in the future. Independent Contractor shall diligently perform all work in a skillful and worlmranlike manner. II. Independect Contractor shall be entitled to such compensation as specifically authorized by KERB COUNTY in writing, which may be in the form of a contract, purchase order, work authorization or other written document. There shall be no increase in the compensation unless authorized by KERB COUNTY in writing. III. WARRANTIES Independent Contractor shall perform alt work with due diligence, in a good and workmanlike manner and in accordance with specifications provided by KERR COUNTY or in the absence of such specifications, generally accepted professional standards, and, where applicable, standards imposed by law for comparable or similar services. Independent Contractor warrants that the goods delivered under this Agreement will conform to the specifications provided by KF,RR COUNTY, if any, and that the goods will be merchantable, of good workrnanslrip and material, free from defect and fit for their mended purpose. Except as otherwise specifically agreed, Indepcedent Contractor shall provide all labor and skills, and all equipment, machinery, materials, and supplies necessary for the performance of such work. IV. In performing services or furnishing goods under this Agreement, Independent Contractor shall act at all times as an Independent Contractor. Independent Contractor shall not make any commitment or incur any charge or expense in the name of KERR COUNTY. Independent Contractor expressly agrees, acknowledges and stipulates that neither this Agreement nor the performance of its obligations or duties there under shall ever resuh in Independent Contractor, or anyone employed by Independent Contractor, being: 1) an employee, agent or representative of KERB COUNTY; or 2) entitled to any beaefitc &nm KERB COUNTY, including, without limitation, pension, profit sharing or accident insurance or health, medical, life or disability insurance benefits or coverage, to which employees of KERR COUNTY may be emitled. KF.RR COUNTY shall have no direction or control of Independent Contractor or its employees and agents except in the resuhs to be obtained. The actual performance and superintendence of all work shall be by hideprndem Contractor, but such work shall meet the approval of KERB COUNTY. v. INSURANCE Independent Contractor shall at all tirrres during the term of this Agreement at Independent Contractor's sole expense carry such insurance as may be reasonably requested by I{ERR COUNTY, including, but without limitation, the following iypes and limits: tr.~ s~~ a ~rovoa Automobile $500,000.00 each accident Combined Single Liability $500,000.00 each accide~ Uninsured/IJnderinsured Motorists Combined Single Liability All owned, non-owned, hired and all vehicles used by Independent Contractor with a combined single limit of $500,000.00, covering personal injury (including bodily ~j~Y ~ ProP~Y d~ge•) Commercial and Comprehensive Liability $1,000,000.00 General Aggregate $1,000,000.00 Products/Completed Operations Aggregate $1,000,000.00 PersonaUAdvertising Injury $1,000,000.00 Each Occurrence Worker's Compensation L~surance Part A Texas Statutory Medical, Indemnity, AD & D Part B Employers Liability 100,000 Per Person Per Accident 100,000 Per Person Per Disease 500,000 Policy Aggregate -Disease Any subcontractors of the undersigned Independent Contractor shall be required to maintain similar type insurance with similar type limits. KERB COUNTY shall be named as an additional insured on all policies where available and Certificates of such insurance shall be famished by Independent Contractor and any subcontractors where applicable to KERR COUNTY. The types of coverage or limits may be modified only by written agreement between KERB COUNTY and Independent Contractor. VI. INDEPENDENT CONTRACTOR SHALL PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS KERB COUNTY AND ITS REPRESENTATIVES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, COUNTY COMMISSIONERS, AND COUNTY JUDGES, ETC., FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS AND CAUSES OF ACTION ASSERTED BY ANY PARTY (INCLUDING, BUT NOT LIMITED TO, EMPLOYEES OF INDEPENDENT CONTRACTOR AND KERB COUNTY) THAT ARISE OUT OF OR ARE RELATED TO WORK AND ARE CAUSED BY OR ARISE OUT OF INDEPENDENT CONTRACTOR'S NEGLIGENT ACTS OR OMISSIONS OR WILLFUL MISCONDUCT AND RESULT IN PERSONAL INJURY (INCLUDING BODILY INJURY), H.LNESS, DEATH OR PROPERTY LOSS OR DAMAGE, OR ANY CIVIL FINES OR PENALTIES IMPOSED BY ANY GOVERNMENTAL AGENCY, OFFICER, OR COURT OF LAW. VH. WAIVER OF SUBROGATION Independent Contractor hereby waives any sad all rights to recover against KERR COUNTY (including KERR COUNTY'S representatives, County Commissioners, officers, partners, employees, agents, customers, and invitees) for any loss or damage arising from any cause covered by any insurance required to be carried by Ibeependent Contractor pursuant to this Agreemem or any other +nm~*Arce actually carried by Independent Co~nhactor. huiependem Contractor shall cause its insurer to issue appropriate waiver of Subrogation andorsements to all policies of insurance carved in connection with Uris Agroemert. Masts Service A Provos VIII. VENUE This Agreemen is be construed under the laws of the State of Texas and all obligations of the parties created by this Agreement are performable in KERB COUNTY, Texas. IX. This Agreement constitutes the parties sole agteerrtent and supercedes any prior understandings or written or oral agreetrments between the parties with respect to insurance or indemnification. This Agrcenrent does not waive any terms or conditions with respect to prior contracts, bids, purchase orders, requests for proposals (RFP), except with regard to the insurance requirements and indemnification. X. No amendment, modification or alteration of this Agreemrent is binding unless in writing dated subsequent to the date of this Agreement and duly executed by all parties hereto. XI. TERMS Either party may cancel this agreement by providing written notice to the other parry thirty (30) days prior to cancellation. XII. CONFIDENTIALITY Independent Contractor shall treat as confidential and shall not, without KERB COUNTY'S prior written consent, divulge to any third-party or, except to the extent necessary for performance hereunder, make any use of aay of KERR COUNTY'S proprietary technical informatiam which is disclosed or made available to hmdependent Contractor by or an behalf of KERB COUNTY. XIII. KERR COUNTY reserves the right to enforce the performance of this contract in any manner prescribed by law or deerrred to be in the best interests of KERB COUNTY in the evert of breach or default of this contract. KERR COUNTY reserves the right to terminate the contract immediately in the event Independent Contractor fails to: (1) meet delivery, performancx or completion schedules, or (2) otherwise perform in accordance with this contract or the specifications. Breach of contract or default authorizes KERB COUNTY to award to ano8mer bidder or purchase the goods and/or services elsewhere and charge the full increase in cost and any additional related fees or expenses incurred to Independent Contractor. No waiver by either party of any one or more defaults by the other party in the performance of this Agreement or a~ contract hereunder shall operate or be construed as a waivei of any future default or defaults by the same party, whether of a like or different character. It is intended that if any provision of this Agreement is unenforceable for any reason, it shall be adjusted rather than voided, if possible, in order to achieve the intent of the parties. In any evert, all other provisions of this Agreement shall be deemed valid, binding and still enforceable. htas~ sevioe n®reo~ '7/02!03 In the event that either patty commits any material breach of this Agreement including; without limitation, any breach of a~ indemnification obligation, in addition to any other remedy that the aggrieved party may have, at law or in equity, it shall be entitled to recover all cs%fs, including court cost and attorney's fees, incurred in any Proceeding wherein the agreed Party seeks redness for such breach. This Agreement and any contras hereunder shall not be considered exclusive contracts. KERB COUNTY shall have the right to hire others to perform the same or similar work. KERR COUNTY BY INDEPENDENT CONTRACTOR: s~ 7/02/03 NDU-10-c^00E, 16:49 From:KERR CQNTYLtERK 830792227q Ta:6302576551 CC7AAMERGIAL LIABf11TY +GUVERAGE PART GEGLA~RPiT10NS ply t4wr~er PGI.73.5653 gINT'S OF INSURANCE :snare! A~ntgale LerpN (Outer Thmi Ptt~ucts - Compfcted 'roch+GS - Gotr~feAed OPe+s l~+egate [.~[ 'ersonal and Adva'Gsing hfjury L'xrxN :ach Occunenca Limn )ema~ to Pten+ises Rerdad to You Aedice! Expense Limo ~h Pro4essianaf Ira:ident Linn tg ePP~1 'REMtUl41 Emote Oafs: 5!16105 exor Ilit. a Tine P.7~6 tizaoarao° t s1.~0.9;r9 Arty One Person or ayen~ation 41,000.Q09 ~ 30.009 Airy Qne Premises ~ 3,090 Apy One P4xson S~wrp~e EXTERMRVATOR - (IFICLUDIIG PRODUCTS AF~1JC?R COMPLETED ~~ ~S) iaanw occ OPERATKI1dS) LPJ~SCAf'E GARDENIIG (PR~UK:TS-COh~tEFED 9i(µ7 {P} IFkIHY OPERATK7riS ARE $tJf3.FECT Td GENERAL Rt'a~`RECsAIE LIMIT} ERRORS 3 dMtS ;IONS 7~~ I010 2040.00 tae9 >F nrtY FLAT CF~Rt"aE 5250.00 Total Advance Premium 52299.00 FORMS AND EF4I4T5 °omw and Enmants eppFyarg ~ part and pmt of pairy aR 6me of issue: See SdredWe M Policy Forms Countersigned 8Y. AuBwtaed Repreaersfafive nrt,se oECtwnanons~Pnar~ Tte: votrcvaEta.nxwTxxastroerraeartG~ ww~oFnre eesar~o~ra40~rrtt'ax:ra~woo. Asentfl571 Proprmlf I241 vwresa arori> ~,C`~n ~~ :'~., ~'8 ~~~~ ~s~~ TEEM/N/X The Nationwide Pest Control Experts 3100 Memorial Boulevard Kerrville, TX 78028 Telephone: 830/257.8233 Toll Free: 1-888/522.9574 Fax: 830/896-2209 November 7, 2006 Kerr County Facilities Use and Maintenance Deparhnent 700 Main Street, Suite CB 103-A Kerrville, TX 78028 Thank you for the opportunity to provide the attached proposal for pest control services at the Kerr County facilities for the next year effective November 2006. Our technicians are certified applicators. This means they are experienced, educated, and trained to handle any pest control issues that may occur in the various Kerr County buildings. Since we have previously provided service to the County we are familiar with the personnel at your facilities and the unique pest treatment issues involved. Of course, at any time, you may contact me with any concerns that may arise. Communication between us is a very important key to our ability to address any problems that may occur. You can rest assured that we continue to provide our technicians with on-going training, and our concern is always your staff's safety while providing a pest free environment. The Terminix service guarantee is the most comprehensive in the business and we will always remain on the job un61 you are completely satisfied . Our goal is to eliminate the concern for the pest control from your job. We value your business and hope to provide this service. If you have any questions or would like to discuss the information attached, please contact me at your convenience. I'll look forward to your reply. Sincerely, ~... ent W. d Owner/President _/ •ACORD~, CERTIFICATE OF LIABILITY INSURANCE oaiziiz 6' PRODUCER (214) 526-5646 FAX (214) 526-6926 Dexter & Company 3601 Cedar Springs Rd. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas, TX 75219 INSURERS AFFORDING COVERAGE NAIC # INSURED Kent Bond, LC d a INSURER A: American Automobile Insurance 21849 ABC Termi nix Termite & Pest Control INSURER B: 3100 Memorial Blvd INSURER C: Kerrville, TX 78Q28 INSURER D: ,INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W ITN RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN , POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR D' TYPE OF INSURANCE PODCY NUMBER POLICY EFFECTIVE PODCY EXPIRATION LIMITS GENERAL LUU3ILITY MZG 80857661 DS~QI~2QQ6 Q$~Q1~2QQ7 EACH OCCURRENCE E 1, QQQ,QQ X COMMERCIAL GENERAL LIABILnV DAMAGE TO RENTED § 100 QQQ CUIMS MADE ~ OCCUR MED EXP (Any one penan) S 5 , QQ A PERSONAL 8 ADV INJURY b 1 ,QQQ ,QQQ GENERAL AGGREGATE b 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG f 2 , GOO, OO POLICY PRO• LW JECT AUT OMOBILE LV181LITV MZA 80255429 Q5~QI~ZQQ6 QS~QI~2QQ7 COMBINED SINGLE LIMIT S ANV AUTO (Ea acdtlenq 1, DDD , 000 ALL O W NED AUTOS BODILY INJURY § X SCHEDULED AUTOS (Per Parson) A X HIRED AUTOS BODILY INJURY § X NON-OWNED AUTOS (Per accitlanl) PROPERTY DAMAGE b (Per acGOenU GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANV AUTO OTHER THAN EA ACC S AUTO ONLY: qGG f EXCESS/UMBRELLA LIABIDTY EACH OCCURRENCE E OCCUR ~ CLAIMS MADE AGGREGATE E E DEDUCTIBLE S RETENTION E E WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS' LUU3ILRV R PR ET R PARTNERJFXECUTIVE E.L. EACH ACCIDENT E ANV P I / O O OFFICER/MEMBER EXCLUDED? E.L. DISEASE- EA EMPLOYE b If yes, tlesulbe un0er SPECIAL PROVISIONS belay E.L. DISEASE -POLICY LIMIT E OTHER DESCRIPTION OF OPERATIONS / LOOATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS err County is an Additional Insured, but only with respect to liability arising out of operations of he Named Insured. Waiver of Subrogation in favor of Kerry County, it's representatives, county ommissioners, officers, partners, employees, agents, customers and invitees where required by contract SHOULD ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Kerr COUnty Courthouse Maintenance Department lO DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, _ Attn: Glenn Holekamp BUT FAILURE TO MAIL SUCH NOTICESMALL IMPOSE NO OBLIGATION OR LIABILDY 700 Main St OF ANY KIND UPON THE INSURER, RS AGENTS OR REPRESENTATIVES. Kerrville, TX 7HO26 AUTHORIZED REPRESENTATIVE •MP+4/M ~ p = V J. Carter BONNIE ACORD 25 (2001/08) ®ACORD CORPORATION 1988 KERB COUNTY, TEXAS BID PROPOSAL Date: ~~- ~- o ~ Bid Date: Time: Commissioners' Courtroom Kerr Coumv_ Texas Kerr County Commissioters' Court Kerr County Courthouse Kemille, Texas Gentlemen: Pursuant to General Specifiartioos listed below and/or attached, the undersigood malos the following officer, F.O.B. Kerrville, Texas, with allowable exempt taxes (if applicable), having boen removed from bid price. f~'EM NO. DESCRIPTION AM OUNT ~ Q p --sl~~ =-`~ ~ , Sealed Proposals will be aceepted by the Kerr County Commissioners' Court in accordance with the attac>red specifications. Deliver/Completion will be made on ~ before _ _ 20_ The equipment will be mew and will meet the general specificrdtions. KERR COUNTY COMMISSIONERS' COURT RESERVES THE RIGHT TO ACCEPT ANY QUALIFIED BIIJPROPOSAL OR REJECT ALL BmS/PROPOSALS. .~ Company: ~ Y /~~~ ; ~ 1' By: a~ U CU ~ Title aru i/ v 7`K Phone: 7. 1CaZ.~3 FaxNo.: ~j{3e -.2x0 NOTE: USE THIS FORM ONLY. ADDITIONAL INFORMATION MAY BE ATTACHED. The County of Kerr does ~ discriminate m the basis of race, color, national origiq sar, religion, age and disability in employment ce the provisiat of services. ceosal Bie P(opnd ~rozrot KERB COUNTY shall not be liable or responsible for, and shall be saved and held harmless by ~~t e~7~,E~i~r • ~iX (Vendor Name) from and against any and all suits, actions, losses, damages, claims, or liability of any character, type or description including any claim for subrogation by any insurance carrier, and all expenses of litigation, court costs, and attorney's fees for injury or death to a~+ person, or injury to any property, received or sustained by any person or persons or properly, arising out of; or occasioned by, directly or indirectly, the performance of /~i~C/T~.P~~~iX j„yendor Name) under this agreement, including claims and damages arising in whole or in part from the negligence of KERB COUNTY. It is the expressed intent of the parties to this Agreement that ffie indemnity provided for in this section is an indemnity extended by ~.~',/TT~~'~~~/X (Vendor Name) to indemnify and protect KERR COUNTY from the consequences of KERB COUNTY'S own negligence, whether the negligence is the sole or contributory cause of resultant injury, death or damage. r~+~ ~ro~ STATE OF TEXAS COUNTY OF KERB AFFIDAVIT BEFQ~ , the ~ authority, an this daY PAY aPpce~ ~tC ru~GU F ~Na lmown to me to be the person whose uame is subscn~bad to the following, who upon aad-, says: I am the Manager, Secretary or other aged ~ officer or the principal of the Bidder in the matter of the bids to which this affidavit is suacbed, and I have full lmwvledge of the reh-ticos of the Bidder with the other Erns in this same line of business, and the Bidder is not a member of any oust, pool or combination to control the price of supplies bid on, or to influence any person to bid or naR w bid thereon. I firrtber affirm that the Bidder has not gives, offered to give, not intends to give at any tip hereafter a~ economic apporArnity, furore employment, 8&ft> l~> !'Y> ~ d trip, favor, or service to a public servant in caonecti~ wide the submitted bid. SWORN TO AND SUBSCRIBED BEFORE ME by the stat~,~~£~motained in the above are true and oonect, this _ I) l~j~(~ .20~. above~A who, on oath ~ ~- Notary Public State of Texas NOTE: BIDS NOT ACCOMPANIED BX THIS AFFIDAVIT W1Q.L NOT BE CONSIDERED. The Coumy of Kerr does na discauninate on the basis of race, color, national origin, sex, religion, age and disability in employmem or the provision of services. affaava 7/02/!13 MASTER SERVICE AGREEMENT This Agreement entered ("Coumy'~ and of ~, day of 20~ by ICERR COUNTY ("Independert Contractor'. In consideration for the mutual promises contained herein, and other good and valuable consideration, the receipt of which is hereby aclmowledged, the parties agree as follows: I. PERFORMANCE OF WORK This Agreement shall apply to all services and goods provided by Independent Contractor to KERB COUNTY whether presently in progress or furnished frari time to time in the future. Independent Contractor shall diligently perform all work in a skillful and worlmranlike [Wanner. II. Independent Contractor shall be entitled to such compensation as specifically authorized by ICERR COUNTY in writing, which may be in the form of a contract, purchase order, work authorization or other written document. There shall be no increase in the compensation unless authorized by KERR COUNTY in writing. III. WARRANTIES Independent Contractor shall perform all work with due diligence, in a good and worlaranlike manner and in accordance with specifications provided by ICERR COUNTY or in the absence of such specifications, generally accepted Professional standards, and, where applicable, standards imposed by law for comparable or similar services. Independent Contractor warraWts that the goods delivered under tlris Agreemerrt will cwnform to the specifications provided by KF.RR COUNTY, if arty, and that the goods will be merchantable, of good workmanship and material, free from defect and fit for their intended purpose. Except as otherwise specrfically agreed, Independent Contractor shall provide all labor and skills, and all equipmem, machinery, materials, and supplies necessary for the performance of such work. IV. INDEPENDENT CONTRACTOR In performing services or famishing goods under this Agreement, Independent Co~ractor shall ad at all times as an Independent Contractor. Independent Contractor shall not make any commitment or incur any charge or expense in tbe name of KERB COUN`T'Y. Independent Contractor expressly agrees, aclmowledges sad stipulates that neither this Agreement nor the performance of its obligations or duties tlrere under shall ever result in Independent Contractor, or anyone employed by Independent Contractor, being: 1) an employce, agent or representative of KERR COUNTY; or 2) entitled to any benefits from KERR COUNTY, including, without limitation, pension, profit sharing or aceidem insurance or health, medical, life or disability insurance benefits or coverage, to which employees of I{ERR COUNTY may be entitled. KERR COUNTY shall have no direction or control of Independent Contractor or its employees and agents except in the results to be obtained. The actual performance and superinteitdence of all work shall be by Independent Contractor, but such work shall meet tbe approval of KERB COUNTY. V. INSURANCE Independent Contractor shall at all times during the term of this Agreement at Independent Contractor's sole expense carry such incnranrn ag A7ay be reasonably requested by KERB COUNTY, including, but without limitation, the following types and limits: Malta Savica A~eetaaer 7/02103 Automobile $500,000.00 each accident Combined Single Liability $500,000.00 each accident Uninsured/Underinsured Motorists Combined Single Liability All owned, non-owned, hired and all vehicles used by Independent Contractor with a combined single limit of $500,000.00, covering personal injury (including bodily injury and properly damage.) Commercial and Ca~mprehensive Liability $1,000,000.00 General Aggregate $1,000,ooO.oo Products/Completed Operations Aggregate $1,000,000.00 Petso~nal/Advertising Injury $1,000,000.00 Each Occurrence Worker's Cmnpeosation Insurance Part A Texas Statutory Medical, hidetrmity, AD & D Part B Employers Liability 100,000 Per Person Per Aceiderrt 100,000 Per Person Per Disease 500,000 Policy Aggregate -Disease Any subcontractors of the undersigned Independent Contractor shall be required to maintain similar type insurance with similar type limits. KERR COUNTY shall be named as an additional insured on all policies where available aml Certificates of such insurance shall be fiunis6ed by Independent Contractor and any subcontractors where applicable to KERB COUNTY. The types of coverage or limits may be modified only by written agreemerrt between KERB COUNTY and Independent Conlractor. VI. INDEPENDENT CONTRACTOR SHALL PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS KERR COUNTY AND ITS REPRESENTATIVES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, COUNTY COMMISSIONERS, AND COUNTY JUDGES, ETC., FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS AND CAUSES OF ACTION ASSERTED BY ANY PARTY (INCLUDING, BUT NOT LII~IITED TO, EMPLOYEES OF INDEPENDENT CONTRACTOR AND KERB COUNTY) THAT ARISE OUT OF OR ARE RELATED TO WORK AND ARE CAUSED BY OR ARISE OUT OF INDEPENDENT CONTRACTOR'S NEGLIGENT ACTS OR OMISSIONS OR WILLFUL MISCONDUCT AND RESULT IN PERSONAL INJURY (INCLUDING BODILY INJURY), ILLNESS, DEATH OR PROPERTY LOSS OR DAMAGE, OR ANY CIVIL FINES OR PENALTIES II14POSED BY ANY GOVERNMENTAL AGENCY, OFFICER, OR COURT OF LAW. VH. WAIVER OF SUBROGATION Independent Contractor hereby waives any and all rights to rceover against KERB COUNTY (including KERB COUNTY'S representatives, Courriy Commissioners, officers, partners, employces, agents, customers, and invitees) for any loss or damage arising from any cause covered by any insurance required to be carried by Independent Contractor pursuant to this Agreement or any otirer insurance actually carried by Independent Contractor. Independent Contractor shall cause its insurer to issue appropriate waiver of Subrogation endorsements to all policies of insurance carried in connection with this Agreement. Meta Satire Ag,o~ ~rozios VIII. VENUE This Agreement is be consKrued under the laws of the State of Texas and all obligations of the parties created by this Agreement are performable in KERB COUNTY, Texas. 1X. PRIOR AGREEMENTS SUPERCEDED This Agreement constitutes the parties sole agreeme~ and supersedes any prior understandings or written or oral agreements between the parties with respect to insurance or indemnification. This Agrcement does not waive a~ terms or conditions with respect to prior contracts, bids, purchase orders, requests for proposals (RFP), except with regard to the insurance requirements and indemnification. X. AMENDMENT No amendment, modification or alteration of this Agreement is binding unless in writing dated subsequent to the date of this Agreement and duly executed by all parties heroto. XI.1'ERM Either party may cancel this agreement by providing written notice to the other party thirty (30) days prior to cancellation. XII. CONFIDENTIALITY Independent Contractor shall treat as conSdential and shall not, without KERB COUNTY'S prior written consent, divulge to any third-party or, except to the extent necessary for performance ]rereunder, make any use of any of KERB COUNTY'S proprietary technical information which is disclosed or made available to Independent Contractor by or oar behalf of KERB COUN'T'Y. XIII. KERR COUNTY reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in tbe best interests of KERR COUNTY in the event of breach or defiuah of this contrail. KERR COUNTY reserves the right to terminate the contract immediately in the event Independent Contractor fails to: (1) mcet delivery, performance or completion schedules, or (2) otherwise perform in accordance with this contract or the specifications. Breach of contract or defauh authorizes KERB COUNTY to award to another bidder or purchase the goods and/or services elsewhere and charge the fiill increase in cost and any additional related foes or expenses incurred to Independent Contractor. No waiver by either party of any one or more defaults by the other party in the performance of this Agreement or any contract bereunder shall operate or be construed as a waivei of a~ future default or defaults by the same party, whether of a like or differ~t character. It is intended that if any provision of this Agreement is unenforceable for any reason, it shall be adjusted rather than voided, if possible, in order to aclrieve the intent of the parties. In any evcet, all other provisions of this Agreement shall be deemed valid, binding and still enforceable. Nestor swi« n~oemem Provos In the event that either party commits any material breach of this Agreement including; without limitation, any breach of suy indemnification obligation, in addition to any other remedy that the aggrieved party may have, at law or in equity, it shall be entitled to recover all costs, including court cost and attorney's fees, incurred in any procceding wherein the agreed party seeks redress for such breach. This Agreement and any contract hereunder shall not be considered exclusive contracts. KERB COUNTY shall have the right to hire others to perform the same or similar work. KERR COUNTY BY IND NDENT CONTRACTOR: Master swig ap+oomooa ~rovo3 jerminlx quite ~ 50i Lois Stteet, Kerrville, TX X8028 TE~1_IN~X° ~Y aa~I The Nationwide Pest Coniroi EXRerts ~ s ~a A~ I1~~~~~~ Kerr Gounty d Maintenance t?ePa~ment Facilities Street 700 Main TX 7802$ Kerrville,