1-B26-040.Periodical Subscriptions.pdf

Prepared: 2/2/2026 Issued: 02/15/2026

Fort Bend County, Texas Invitation for Bid

Term Contract for Purchase of Periodical Subscriptions for Fort Bend County Libraries

BID 26-040

SUBMIT BIDS TO: SUBMIT NO LATER THAN:

Electronically using the Bonfire Portal: Tuesday, March 3, 2026 https://fortbendcountytx.bonfirehub.com/portal/ 2:00 PM (Central)

Or LABEL ENVELOPE:

Fort Bend County Purchasing Department (if responding by hard copy) Travis Annex 301 Jackson, Suite 201 BID 26-040 Richmond, TX 77469 Periodical Subscriptions

Note: All correspondence must include the term “Purchasing Department” in address to assist in proper delivery

-IF SUBMITTING A HARD COPY SEALED RESPONSE,

ALL BIDS MUST BE RECEIVED IN AND TIME/DATE STAMPED BY THE PURCHASING OFFICE

OF FORT BEND COUNTY ON OR BEFORE THE SPECIFIED TIME/DATE STATED ABOVE.

BIDS RECEIVED AS REQUIRED WILL THEN BE OPENED AND PUBLICLY READ.

BIDS RECEIVED AFTER THE SPECIFIED TIME, WILL BE RETURNED UNOPENED.

-IF SUBMITTING AN ELECTRONIC SEALED RESPONSE,

USING THE “BONFIRE” ELECTRONIC BIDDING PORTAL,

USE LINK, https://fortbendcountytx.bonfirehub.com/portal/, CLICK THE HELP BUTTON PROVIDED IN THE BONFIRE WEBSITE AS NEEDED.

Requests for information must be in Results will not be given by phone. writing through the Bonfire Portal and Results will be provided to bidder in writing directed to:

after Commissioners Court awards. Krystle Sanchez Senior Buyer

Krystle.Sanchez@fortbendcountytx.gov

Vendor Responsibilities:

Download and complete any addendums. (Addendums will be posted on the Bonfire Portal no

Later than 48 hours prior to bid opening) Submit response in accordance with requirements stated on the cover of this document.

DO NOT submit responses via email or fax.

https://fortbendcountytx.bonfirehub.com/portal/ https://fortbendcountytx.bonfirehub.com/portal/ mailto:Tyler.Kendziora@fortbendcountytx.gov

COUNTY PURCHASING AGENT

Fort Bend County, Texas

Vendor Information

Legal Company Name (top line of W9) Business Name (if different from legal name)

Type of Business

Federal ID # or S.S. #

Age in Business?Corporation/LLC Sole Proprietor/Individual

Partnership Tax Exempt

SAM.gov Unique Entity ID #

SAM.gov

CAGE / NCAGE

Remittance Address

City/State/Zip

Physical Address

City/State/Zip

Phone Number

Contact Person E-mail

Check all that apply to the company listed above and provide certification number.

DBE-Disadvantaged Business Enterprise ___ SBE-Small Business Enterprise ___ HUB-Texas Historically Underutilized Business __ WBE-Women’s Business Enterprise __

Certification # ___________ Certification # ___________ Certification # ___________ Certification # ___________

Cert Date Exp Date

Company’s gross annual receipts

<$500,000 _____

$5,000,000-$16,999,999 ___

$500,000-$4,999,999 _____ $17,000,000-$22,399,999 _____ >$22,400,000 _____

NAICs codes (Please enter all that apply) Signature of Authorized Representative

Printed Name

Title

Date

Brooke Lindemann Purchasing Agent Office (281) 341-8640

THIS FORM MUST BE SUBMITTED WITH THE SOLICITATION RESPONSE

Publicly Traded Business ___ Noo ___ Yes Ticker Symbol ________

Fort Bend County Bid 26-040

Initials of Bidder:__________

1.0 GENERAL REQUIREMENTS:

1.1 Read this entire document carefully. Follow all instructions. You are responsible for fulfilling all requirements and specifications. Be sure you understand them.

1.2 General Requirements apply to all advertised bids, however, these may be superseded, whole or in part, by the scope, special requirements, specifications, special specifications or other data contained herein.

1.3 Governing Law: Bidder is advised that these requirements shall be fully governed by the laws of the State of Texas and that Fort Bend County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of these requirements.

1.4 Bid Form Completion: Fill out, sign, and return to the Fort Bend County Purchasing

Department one (1) complete bid form. An authorized representative of the bidder must sign the Contract Sheet. The Contract will be binding only when signed by the County Judge, Fort Bend County and a purchase order authorizing the item(s) desired has been issued. The use of corrective fluid is not acceptable and may result in the disqualification of bid. If an error is made, the bidder must draw a line through error and initial each change.

If a pricing form in Excel is included and/or posted on the County’s website amongst this bid document, the Vendor must download, complete and save the Excel (not a PDF of the Excel file) file of the pricing form on a flash drive if responding by hard copy. The Excel file on the flash drive must be downloadable by the Purchasing Department in order to copy and paste the vendor’s pricing to the County’s tabulation. The flash drive must be labeled and included in the same sealed envelope with the respondent’s completed bid document along with a printed copy of the pricing form completed by the vendor.

1.5 Bid Returns:

1.5.1 Electronic Sealed Submission Requirements: Use Bonfire Portal Link https://fortbendcountytx.bonfirehub.com/portal/?tab=openOpportunities Click the help button provided in the Bonfire website as needed. Note that this is the preferred method of submission for all Fort Bend County Solicitations. Responses are required by Bid opening time of 2:00 PM on the date specified. Late bids will not be accepted.

1.5.2 Hard Copy Sealed Submission Requirements: Bidders must return all completed bids to the Fort Bend County Purchasing Department at 301 Jackson, Suite 201 Richmond Texas no later than 2:00 P.M. on the date specified. Late bids will not be accepted. Bids must be submitted in a sealed envelope, addressed as follows: Fort Bend County Purchasing Agent, Travis Annex, 301 Jackson, Suite 201 Richmond, Texas 77469.

https://fortbendcountytx.bonfirehub.com/portal/?tab=openOpportunities

1.6 Governing Document: In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Fort Bend County's interpretation shall govern.

1.7 Addenda: No interpretation of the meaning of the drawings, specifications or other bid documents will be made to any bidder orally. All requests for such interpretations must be made in writing, utilizing the Q&A feature in the Bonfire portal addressed to Krystle Sanchez, Senior Buyer, 301 Jackson, Suite 201, Richmond, Texas 77469, e-mail: Krystle.Sanchez@fortbendcountytx.gov. Any and all interpretations and any supplemental instructions will be in the form of written addenda to the contract documents which will be posted on the Bonfire portal.

Addenda will ONLY be issued by the Fort Bend County Purchasing Agent. It is the sole responsibility of each bidder to insure receipt of any and all addenda. All addenda issued will become part of the contract documents. Bidders must sign and include addendum in the returned bid package. Deadline for submission of questions and/or clarification is Tuesday, February 24, 2026 at 9:00 a.m. (CST). Requests received after the deadline will not be responded to due to the time constraints of this bid process.

1.8 Hold Harmless Agreement: Contractor shall indemnify and hold Fort Bend County harmless from all claims for personal injury, death and/or property damage arising from any cause whatsoever, resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this bid.

Certification of such coverage must be provided to the County upon request.

1.9 Waiver of Subrogation: Bidder and bidder's insurance carrier waive any and all rights whatsoever with regard to subrogation against Fort Bend County as an indirect party to any suit arising out of personal or property damages resulting from bidder's performance under this agreement.

1.10 Severability: If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted.

1.11 Bonds: If this bid requires submission of bid guarantee and performance bond, there will be a separate page explaining those requirements. Bids submitted without the required bid bond or cashier's checks are not acceptable. Bond/s or cashier’s check must be complete with all required signatures.

1.12 Taxes: Fort Bend County is exempt from all federal excise, state and local taxes unless otherwise stated in this document. Fort Bend County claims exemption from mailto:Krystle.Sanchez@fortbendcountytx.gov all sales and/or use taxes under Chapter 20, Title 122a, Vernon's Texas Civil Statutes, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to the Fort Bend County Purchasing Department.

1.13 Fiscal Funding: A multi-year lease or lease/purchase arrangement (if requested by the specifications), or any contract continuing as a result of an extension option, must include fiscal funding out. If, for any reason, funds are not appropriated to continue the lease or contract, said lease or contract shall become null and void. After expiration of the lease, leased equipment shall be removed by the bidder from the using department without penalty of any kind or form to Fort Bend County. All charges and physical activity related to delivery, installation, removal and redelivery shall be the responsibility of the bidder.

1.14 Pricing: Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated in the bid spreadsheet. Prices shall be all inclusive. No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, and other charges are to be prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, bidder MUST indicate the items required and attendant costs or forfeit the right to payment for such items.

1.15 Silence of Specifications: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid.

1.16 Supplemental Materials: Bidders are responsible for including all pertinent product data in the returned bid package. Literature, brochures, data sheets, specification information, completed forms requested as part of the bid package and any other facts which may affect the evaluation and subsequent contract award should be included. Materials such as legal documents and contractual agreements, which the bidder wishes to include as a condition of the bid, must also be in the returned bid package. Failure to include all necessary and proper supplemental materials may be cause to reject the entire bid.

1.17 Material Safety Data Sheets: Under the "Hazardous Communication Act", commonly known as the "Texas Right To Know Act", a bidder must provide to County and using departments, with each delivery, material safety data sheets, which are, applicable to hazardous substances defined in the Act. Bidders are obligated to maintain a current, updated file in the Fort Bend County Purchasing Department.

Failure of the bidder to maintain such a file will be cause to reject any bid applying thereto.

1.18 Name Brands: Specifications may reference name brands and model numbers. It is not the intent of Fort Bend County to restrict these bids in such cases, but to establish a desired quality level of merchandise or to meet a pre-established standard due to like existing items. Bidders may offer items of equal stature and the burden of proof of such stature rests with them. Fort Bend County shall act as sole judge in determining equality and acceptability of products offered.

1.19 Color Selection: Determination of colors of materials is a right reserved by the using department unless otherwise specified in the bid. Unspecified colors shall be quoted as standard colors, not colors, which require up charges or special handling.

Unspecified fabrics or vinyl should be construed as medium grade. If bidder fails to get color/material approvals prior to delivery of merchandise, the using department may refuse to accept the items and demand correct shipment without penalty, subject to other legal remedies.

1.20 Evaluation: Evaluation shall be used as a determinant as to which bid items or services are the most efficient and/or most economical for the County. It shall be based on all factors, which have a bearing on price and performance of the items in the user environment. All bids are subject to tabulation by the Fort Bend County Purchasing Department and recommendation to Fort Bend County Commissioners Court. Compliance with all bid requirements, delivery and needs of the using department are considerations in evaluating bids. Pricing is NOT the only criteria for making a recommendation. The Fort Bend County Purchasing Department reserves the right to contact any bidder, at any time, to clarify, verify or request information with regard to any bid.

1.21 Inspections: Fort Bend County reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department. If a bidder cannot furnish a sample of a bid item, where applicable, for review, or fails to satisfactorily show an ability to perform, the County can reject the bid as inadequate.

1.22 Testing: Fort Bend County reserves the right to test equipment, supplies, material and goods bid for quality, compliance with specifications and ability to meet the needs of the user. Demonstration units must be available for review. Should the goods or services fail to meet requirements and/or be unavailable for evaluation, the bid is subject to rejection.

1.23 Disqualification of Bidder: Upon signing this bid document, a bidder offering to sell supplies, materials, services, or equipment to Fort Bend County certifies that the bidder has not violated the antitrust laws of this state codified in section 15.01, et seq., Business & Commerce Code, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if the County believes that collusion exists among the bidders. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by a bidder and after the bids are opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that bidder will be withdrawn; however, nothing herein prohibits a vendor from submitting multiple bids for different products or services.

1.24 Awards: Fort Bend County reserves the right to award this contract on the basis of lowest and best bid in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one bidder, to reject any or all bids. In the event the lowest dollar bidder meeting specifications is not awarded a contract, the bidder may appear before the Commissioners Court and present evidence concerning his responsibility. An award is final only upon formal execution by the Fort Bend County Commissioners Court or the Fort Bend County Purchasing Agent. Fort Bend County reserves the right to withdraw any award until execution by the proper authority.

1.25 Assignment: The successful vendor may not assign, sell or otherwise transfer this contract without written permission of Fort Bend County Commissioners Court.

1.26 Term Contracts: If the contract is intended to cover a specific time period, said time will be given in the specifications under scope.

1.27 Maintenance: Maintenance required for equipment bid should be available in Fort

Bend County by a manufacturer authorized maintenance facility. Costs for this service shall be shown on the bid sheet as requested or on a separate sheet, as required. If Fort Bend County opts to include maintenance, it shall be so stated in the purchase order and said cost will be included. Service will commence only upon expiration of applicable warranties and should be priced accordingly.

1.28 Contract Obligation: Fort Bend County Commissioners Court must award the contract and the County Judge or other person authorized by the Fort Bend County Commissioners Court must sign the contract before it becomes binding on Fort Bend County or the bidders. Department heads are not authorized to sign agreements for Fort Bend County. Binding agreements shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted.

1.29 Title Transfer: Title and Risk of Loss of goods shall not pass to Fort Bend County until Fort Bend County actually receives and takes possession of the goods at the point or points of delivery. Receiving times may vary with the using department.

Generally, deliveries may be made between 8:30 a.m. and 4:00 p.m., Monday through Friday. Bidders are advised to consult the using department for instructions.

The place of delivery shall be shown under the "Special Requirement" section of this bid document and/or on the Purchase Order as a "Ship To:" address.

1.30 Purchase Order and Delivery: The successful bidder shall not deliver products or provide services without a Fort Bend County Purchase Order, signed by an authorized agent of the Fort Bend County Purchasing Department. The fastest, most reasonable delivery time shall be indicated by the bidder in the proper place on the bid sheet. Any special information concerning delivery should also be included, on a separate sheet, if necessary. All items shall be shipped F.O.B. inside delivery unless otherwise stated in the specifications. This shall be understood to include bringing merchandise to the appropriate room or place designated by the using department.

Every tender or delivery of goods must fully comply with all provisions of these requirements and the specifications including time, delivery and quality.

Nonconformance shall constitute a breach, which must be rectified prior to expiration of the time for performance. Failure to rectify within the performance period will be considered cause to reject future deliveries and cancellation of the contract by Fort Bend County without prejudice to other remedies provided by law. Where delivery times are critical, Fort Bend County reserves the right to award accordingly.

1.31 Contract Extension: Extensions may be made only by written agreement between

Fort Bend County and the bidder. Any price escalations are limited to those stated by the bidder in the original bid.

1.32 Termination: Fort Bend County reserves the right to terminate the contract for default if Seller breaches any of the terms therein, including warranties of bidder or if the bidder becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies, which Fort Bend County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Fort Bend County's satisfaction and/or to meet all other obligations and requirements. Contracts may be terminated without cause upon thirty (30) days written notice to either party unless otherwise specified.

1.33 Recycled Materials: Fort Bend County encourages the use of products made of recycled materials and shall give preference in purchasing to products made of recycled materials if the products meet applicable specifications as to quantity and quality. Fort Bend County will be the sole judge in determining product preference application.

1.34 Interlocal Participation: Additional governmental entities may purchase from this bid. Vendor agrees to accept purchase orders from those participating entities and to invoice each entity separately.

1.35 Escalation Clause: Successful bidder may apply for a price increase to the Fort Bend

County Purchasing Agent. The County Purchasing Agent will review, and, if increase is deemed warranted, place the request on Fort Bend County’s Commissioners Court agenda for their action of approval or disapproval. Approval by the County’s Commissioner’s Court is required. Any proposed price increase will only be the amount increased to the vendor from his/her supplier. The price increase request must be stated on the vendor’s letterhead with the bid number and name in the subject including, in columns, for each item: item description, original bid price, percent of increase, and the total cost of the original bid price including the increased dollar amount. Written documentation from the vendor’s supplier of the increase notice must be provided to the Purchasing Agent at time of increase request. No application for a price increase may be submitted within the first twelve (12) months of this contract. Increase requests of more than 25% of the original bid price will not be considered.

1.36 Modifications: This instrument contains the entire Contract between the parties relating to the rights herein granted and obligations herein assumed. Any oral or written representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent written modification signed by both parties hereto.

2.0 TERMS & CONDITIONS:

2.1 Seller to Package Goods: Seller will package goods in accordance with good commercial practice. Each delivery container shall be clearly and permanently marked as follows (a) Seller's name and address; (b) Consignee's name, address and purchase order number and the bid number if applicable; (c) Container number and total number of containers (e.g. box 1 of 4 boxes); and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. Fort Bend County's count or weight shall be final and conclusive on shipments not accompanied by packing list.

2.2 Shipment Under Reservation Prohibited: Seller is not authorized to ship goods under reservation and no tender of a bill of lading will operate as a tender of goods.

2.3 Title and Risk of Loss: The title and risk of loss of the goods shall not pass to the County until a County employee actually receives and takes possession of the goods at the point or points of delivery.

2.4 Delivery Terms: F.O.B. Destination Freight Prepaid, Inside Delivery, unless delivery terms are specified otherwise on Purchase Order.

2.5 No Replacement of Defective Tender: Every tender or delivery of goods must fully comply with all provisions of the Purchase Order as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender.

2.6 Place of Delivery: The place of delivery shall be that set forth in the block of the purchase order entitled "Ship To". Any change thereto shall be effective by modification as provided for in Clause number 2.20 "Modifications", hereof. The terms of this agreement are "no arrival, no sale", at the discretion of Fort Bend County.

2.7 Invoices and Payments:

2.7.1 Seller shall submit separate invoices, in duplicate. Invoices shall indicate the purchase order number and the bid number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable should be attached to the invoice.

2.7.2 Fort Bend County's obligation is payable only and solely from funds available for the purpose of this purchase. Lack of funds shall render the order null and void to the extent funds are not available and any delivered but unpaid goods will be returned to Seller by the county.

2.7.3 Do not include Federal Excise, State, or City Sales Tax. Fort Bend County is a tax-exempt governmental entity.

2.8 Gratuities: Fort Bend County may, by written notice to the Seller, cancel any order without liability, if it is determined by the County that gratuities, in the form of entertainment, gifts, or otherwise were offered or given by the Seller, or any agent or representative of the Seller to any officer or employee of Fort Bend County with a view toward securing an order. In the event an order is canceled by the County pursuant to this provision, the County shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities.

2.9 Special Tools and Test Equipment: If the price stated on the face of an order includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filing this order, such special tooling equipment and any process sheets related thereto shall become the property of the County and to the extent feasible shall be identified by the Seller as such.

2.10 Warranty/Price:

2.10.1 The price to be paid by the County shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current prices on orders by others for products of the kind and specification covered by an order for similar quantities under similar or like conditions and methods of purchase.

In the event Seller breaches this warranty the prices of the items shall be reduced to the Seller's current prices on orders by others. Fort Bend County may cancel this contract without liability.

2.10.2 The Seller warrants that no person or selling agency has been employed or retained to solicit or secure any County order based upon any agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. A breach or violation of this warranty gives the County the right, in addition to any other right or rights, to cancel this contract without liability.

2.11 Warranty Product: Seller shall not limit or exclude any implied warranties and any attempt to do so shall render an order voidable at the option of the County. Seller warrants that the goods furnished will conform to the specifications, drawings, and description listed in the bid invitation and purchase order as applicable, and to the sample(s) furnished by Seller if any. In the event of a conflict between the specifications, drawings, and descriptions, the specifications shall govern.

2.12 Safety Warranty: Seller warrants that the product sold to Fort Bend County shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, the County may return the product for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within 10 days, correction made by the County will be at Seller's expense.

2.13 No Warranty by Fort Bend County Against Infringements: As part of a contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications will give rise to the rightful claim of any third person by way of infringement. Fort Bend County makes no warranty that the production of goods according to the specification will not give rise to such a claim and in no event shall Fort Bend County be liable to Seller for indemnification in the event the Seller is sued on the grounds of infringement or the like. If Seller is of the opinion that an infringement will result, he will notify Fort Bend County to this effect in writing within two days after the receiving Purchase Order. If the County does not receive notice and is subsequently held liable for the infringement, Seller will defend and save the County harmless. If Seller in good faith ascertains that production of the goods in accordance with the specifications will result in infringement, this contract shall be null and void except that the County will pay Seller the reasonable cost of his search as to infringements.

2.14 Right of Inspection: The County shall have the right to inspect the goods at delivery before accepting them.

2.15 Cancellation: Fort Bend County shall have the right to cancel for default all or any part of the undelivered portion of an order if Seller breaches any of the terms hereof including warranties of Seller, or if the Seller becomes insolvent or files for protection under the bankruptcy laws. Such rights of cancellation are in addition to and not in lieu of any other remedies, which Fort Bend County may have in law or equity.

2.16 Termination: The performance of work under a Purchase Order may be terminated in whole or in part by the County in accordance with this provision. Termination of work there under shall be effected by the delivery to the Seller of a "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of rights of Fort Bend County set forth in Clause 15 herein.

2.17 Force Majeure: Force Majeure means a delay encountered by a party in the performance of its obligations under this Agreement, which is caused by an event beyond the reasonable control of that party. Without limiting the generality of the foregoing, "Force Majeure" shall include but not be restricted to the following types of events: acts of God or public enemy; acts of governmental or regulatory authorities; fires, floods, epidemics or serious accidents; unusually severe weather conditions; strikes, lockouts, or other labor disputes; and defaults by subcontractors.

In the event of a Force Majeure, the affected party shall not be deemed to have violated its obligations under this Agreement, and the time for performance of any obligations of that party shall be extended by a period of time necessary to overcome the effects of the Force Majeure, provided that the foregoing shall not prevent this Agreement from terminating in accordance with the termination provisions. If any event constituting a Force Majeure occurs, the affected party shall notify the other parties in writing, within twenty-four (24) hours, and disclose the estimated length of delay, and cause of the delay.

2.18 Assignment-Delegation: No right or interest in an order shall be assigned or delegation of any obligation made by Seller without the written permission of Fort Bend County. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

2.19 Waiver: No claim or right arising out of a breach of any contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waived or renunciation is supported by consideration and is in writing signed by the aggrieved party.

2.20 Modification: A Purchase Order can be modified or rescinded only by a writing signed by both of the parties or their duly authorized agents.

2.21 Parol Evidence: This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of this agreement. No course of prior dealings between the parties and no usage of the trace shall be relevant to supplement or explain any terms rendered under this agreement and shall not be relevant to determine the meaning of this agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control.

2.22 Applicable Law: This agreement shall be governed by the Uniform Commercial

Code. Whenever the term "Uniform Commercial Code" is used it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas and in effective on the date of the purchase order.

2.23 Advertising: Seller shall not advertise or publish, without the County's prior consent the fact that Fort Bend County has entered into any contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state, or local government.

2.24 Right to Assurance: Whenever the County in good faith has reason to question the other party's intent to perform. The County may demand that the other party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the County may treat this failure as an anticipatory repudiation of the contract.

2.25 Venue: Both parties agree that venue for any litigation arising from this contract shall lie in Richmond, Fort Bend County, Texas.

2.26 Prohibition Against Personal Interest in Contracts: No officer or employee of the County shall have a financial interest, direct or indirect, in any contract with the County, or shall be financially interested, directly or indirectly, in the sale to the County of any land, materials, supplies, or service, except on behalf of the County as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall be subject to disciplinary action under applicable laws, statutes and codes of the State of Texas.

Any violation of this section, with the knowledge, expressed or implied of the person or corporation contracting with the County shall render the contract involved voidable by the County Commissioners Court.

3.0 SCOPE:

It is the intent of Fort Bend County to contract with one (1) vendor for the purchase of periodical subscriptions for the Fort Bend County Library System, which meets or exceeds the specifications contained herein.

4.0 TERM OF CONTRACT:

The term of this contract is April 1, 2026 through March 31, 2027, renewable annually for four (4) years (through March 31, 2031) under the same terms and conditions if mutually agreeable by both parties. Either party for any reason may terminate this contract by giving thirty (30) days written notice of the intent to terminate.

5.0 TEXAS ETHICS COMMISSION FORM 1295:

5.1 Effective January 1, 2016 all contracts executed by Commissioners Court, regardless of the dollar amount, will require completion of Form 1295 "Certificate of Interested Parties", per the new Government Code Statute §2252.908. All vendors submitting a response to a formal Bid, RFP, SOQ or any contracts, contract amendments, renewals or change orders are required to complete the Form 1295 online through the State of Texas Ethics Commission website. Please visit:

https://www.ethics.state.tx.us/filinginfo/1295/.

5.2 On-line instructions:

5.2.1 Name of governmental entity is to read: Fort Bend County.

5.2.2 Identification number used by the governmental entity is: B26-040.

5.2.3 Description is the title of the solicitation: Periodical Subscriptions.

5.3 Apparent low bidder(s) will be required to provide the Form 1295 within three (3) calendar days from notification; however, if your company is publicly traded you are not required to complete this form.

6.0 STATE LAW REQUIREMENTS FOR CONTRACTS:

The contents of this section are required by Texas Law and are included by County regardless of content.

6.1 Agreement to Not Boycott Israel Chapter 2270 Texas Government Code: By signature on vendor form, Contractor verifies Contractor does not boycott Israel and will not boycott Israel during the term of this Contract.

6.2 Texas Government Code Section 2251.152 Acknowledgment: By signature on vendor form, Contractor represents pursuant to Section 2252.152 of the Texas Government Code, that Contractor is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153.

7.0 HUMAN TRAFFICKING:

By acceptance of this contract, Contractor acknowledges that Fort Bend County is opposed to human trafficking and that no County funds will be used in support of services or activities that violate human trafficking laws.

8.0 ASSIGNMENT:

Contractor shall not sell, assign, transfer or convey these services, in whole or in part, without the prior written consent of Fort Bend County and as a condition of such consent, contractor shall remain liable for completion of the services in the event of default by the successor contractor or https://www.ethics.state.tx.us/filinginfo/1295/ assignee.

9.0 AWARD:

This contract will be awarded to the best bid with the highest percent discount.

10.0 REFERENCES:

Vendors must submit with bid, a minimum of two (2) references with public libraries whom they have maintained a contract for at least one (1) year between 2022 and 2025. These libraries should be systems of similar size to Fort Bend County Libraries or larger. Name of library, term dates of the contract, representative which can be contacted, telephone number, email and mailing addresses must be included for each reference.

11.0 PLANNING INFORMATION:

At present there are eleven (11) libraries.

12.0 REQUIREMENTS:

12.1 Vendor agrees to service all titles (as listed herein) except those designated “Must Order Direct” by the publisher. The attached list is a good-faith estimate of what Fort Bend County Libraries will order. It is not our specific order.

12.2 Vendor must have available an appropriate yearly catalog listing serial titles from all nations either in print or online.

12.3 Vendor must be able to provide service on all serials including yearbooks, annuals, newspapers, U.S. Government Printing Office serials, book series, monograph series, periodicals, Proceedings of Societies and Congresses, continuations, etc.

12.4 Fort Bend County Libraries currently have eleven (11) locations. Subscriptions must be addressed to the various indicated locations.

12.5 Vendor must provide a separate invoice for each location alphabetized by title.

12.6 All invoices must be submitted to: Fort Bend County Libraries, 1003 Golfview, Richmond, TX 77469.

12.7 Invoice must show cost of periodical. Periodicals which have a service charge because vendor does not receive a discount from the publisher must be clearly indicated.

12.8 The invoice will indicate when a title is behind in schedule and when a publisher has a time limit for the acceptance of claims.

12.9 Vendor agrees to begin all subscriptions on January 1, 2027 and have them continue until December 31, 2027. Vendor agrees to assume financial responsibility for providing missing issues if for reasons under its control subscriptions begin too early or too late. Vendor agrees in any case to make every effort to rectify any errors in expiration date.

12.10 The Vendor agrees to handle claims as follows:

12.10.1 Claims for subscriptions not begun on time will be sent to vendor.

Vendor must send proof of payment to publisher with a copy going to the claiming branch library.

12.10.2 Claims for subscriptions already begun will be sent to the vendor by each branch library.

12.11 Vendor will assign an individual to be responsible for the library account with the authority to act in the library’s behalf with publishers whenever necessary. This individual would also be the contact for Fort Bend County Libraries when they have questions or concerns. This individual must be reachable by phone, fax or email as needed.

12.12 Vendor will provide preprinted claim forms free of charge for the library’s use in communicating problems.

12.13 Vendor must have available an online claiming method which utilizes the library’s automated system. Vendor has an online claiming method on the Internet.

12.14 Vendor provides an option to claim direct, along with a form for this system. The publisher’s current address will be available to Fort Bend County Libraries either in-print or online.

12.15 Vendor must maintain a “Missing Copy Bank” of at least 1,000 titles. To the extent possible, the vendor must provide the service of filling missing issue claims from the vendor’s own supply of missing copies. A summary of titles and issues maintained in the vendor’s missing copy bank must be made available at least once a year.

12.16 Vendor will be available to provide “in-service training” on site to librarians and staff members connected with the handling of subscriptions. This training can be in-person or via a webinar. Such meeting should be educational and focus on helping librarians better understand the problems connected with handling all aspects of subscriptions. Instructional materials are to be provided by the vendor.

12.17 Vendor will provide the library with a claims follow-up printout or an emailed file each month.

12.18 Vendor must be able to provide the library with a list of any changes which take place concerning the serial titles the vendor handles at intervals not to exceed two months. Information on the following changes, but not limited to them, will generate a report: merges, splits, new titles, discontinued titles, suspended titles, frequency of publication changes, titles behind in publication, name changes, and titles which have resumed publication. This report must be customized to the library’s order through the vendor.

12.19 Vendor will provide a toll free number, email address, online access or be willing to accept collect telephone calls concerning issues about subscriptions.

12.20 Vendor must have an office responsible for all aspects of subscription handling, ordering, invoicing, accounts receivable, claiming, customer file maintenance, etc.

12.21 Vendor must clear all orders direct with publishers and not through other vendors, middlemen, etc.

12.22 At renewal time, the Vendor must be able to provide printout(s) or file(s) detailing all titles previously on order, indicating current status, current price, service charges if applicable and renewal date. Printout(s) or file(s) must be provided approximately 5- 6 months prior to the annual renewal date, or dates, and will be used for renewal order processing.

12.23 Vendor will provide an annual printout or file which details all titles on order without respect to appropriate renewal dates in alphabetical order by titles and indicating the appropriate subscriber address by each title. This printout or file will, in effect, become a current holdings list.

12.24 Vendor will provide a list of five accounts of $50,000 or more and person to contact for service verification.

12.25 Vendor’s system must be able to interface with Fort Bend County Libraries ILS, particularly the serials module for claims. Vendor must provide screenshots of basic searching and reports with their bid response.

12.26 Vendor will offer a menu feature to enable users of the libraries automated library system to connect with vendor using a microcomputer workstation. The menu will make it easy to move from our ILS to a communications software program, with automatic logon procedures making the online connection effortless.

12.27 The library reserves the right to add or delete titles or change quantities and mailing addresses from year to year.

12.28 Fort Bend County Libraries is currently using Polaris as an ILS.

13.0 DELIVERY:

Shipments must be F.O.B. inside delivery to the indicated library at time of order.

14.0 BID PRICE:

Vendor must bid discount, in percent, from Publisher List Price, for periodical subscriptions. Do not include shipping charges in bid price. Shipping charges must be charged separately on each invoice.

15.0 SAMPLE LIST:

AARP Membership (American Association of Retired Persons) AARP Membership (American Association of Retired Persons):

AARP Bulletin AARP Membership (American Association of Retired Persons):

AARP the Magazine ADDitude Magazine AllRecipes American Craft American Genealogist, The American History American Hunter American Journal of Nursing (AJN) American Libraries American Rifleman Architectural Digest Astronomy Magazine Atlantic, The Aviation Week & Space Technology Barrons Best Friends Better Homes & Gardens BetterInvesting Magazine Billboard Birds & Blooms Bon Appetit Booklist (Password) Bookmarks Car & Driver Chess Correspondent Choice Reviews Christianity Today

Chronicle of Higher Education Civil War Times Conde Nast Traveler Connect Comm Magazine (formerly DiversityComm) Consumer Reports (With Buying Guide) Cooks Country Cooks Illustrated Cosmopolitan Cosmopolitan en Espanol Country Living Discover Diversitycomm Magazine Drip Investor Easy English News Economist, The (with The World Ahead) Edible Houston Elle Decor Entrepreneur Esquire Essence Magazine Family Handyman Family Tree Magazine Financial Times NA Edition (Mon-Sat) Fine Homebuilding Finescale Modeler Food & Wine Food Network Magazine Forbes Fort Bend Business Journal Fort Bend Herald (Tue, Thu, Sat) Fortune FourFourTwo Game & Fish South Game Trade Magazine Garden & Gun German Texan Heritage Society Golf Magazine Good Housekeeping GQ Gentlemens Quarterly GreenCraft Guideposts Large Print Guitar Player Guns & Ammo

Harper's Bazaar Harpers Magazine Harvard Business Review HGTV Magazine Hobby Farms Homeschooling Today Horse Illustrated Horticulture Magazine Hot Rod House Beautiful Houston Chronicle Mon-Sun (Carrier) Houston Forward Times (Mail) Houstonia Magazine Inc Magazine India Today (English Indian) Edition Investors Business (Daily) Investors Business (weekly) JD Power Official Older Used Car Guide (NADA) JD Power Official Used Car Guide (NADA) Journal of Digital Media Management Journal of Nursing Education Journal of Professional Nursing Journal of Southern History Katy Times (Mail) Kiplinger Personal Finance Magazine Kirkus Reviews Library Journal Magazine Antiques Marketing Library Services McCall's Quilting Men's Health Magazine Minority Business Entrepreneur (MBE) Monitor on Psychology Morningstar StockInvestor Mother Earth News Motor Trend Ms Magazine Nation, The National Genealogical Society National Geographic Magazine National Parks National Review (Libraries Only) Natural History

Nature Conservancy Membership New Republic New Scientist (US Edition) New York Times National Edition Mon-Sun (Carrier) New York Times National Edition Mon-Sun (Carrier): New York Times Book Review New York Times National Edition Mon-Sun (Carrier): New York Times Magazine New York Times National Edition Mon-Sun (Carrier): New York Times Week in Review New Yorker, The Newsweek North Carolina Genealogical Society Membership Oil & Gas Journal Outside Magazine People Weekly (Time Inc) Pilates Style Pioneer Woman, The Poets & Writers Magazine Popular Mechanics Practical Homeschooling Prevention Psychology Today Public Libraries Publishers Weekly Quilting Arts Quiltmaker Readers Digest Reader's Digest Reader's Digest Large Print Edition for Easier Reading Real Simple Rolling Stone Runners World Runner's World Saturday Evening Post Science News Scientific American Magazine Smithsonian Magazine Somerset Studio Southern Lady Southern Living Spirituality & Health Sports Illustrated

Sunset Magazine Taste of Home Texas Fish & Game Texas Gardener Texas Highways Texas Historian Texas Monthly Texas Observer: A Journal of Free Voices Texas Parks & Wildlife Texas State Genealogical Society Membership Texas State Historical Association Membership Threads Time Magazine Travel & Leisure Tricycle: The Buddhist Review True West Under The Radar US Weekly USA Today Newspaper (Mon-Fri) Vanity Fair Veranda Victoria Videomaker Vogue Wall Street Journal Wall Street Journal (Mon-Sat) Washington Post Sunday (Mail) Week, The Wildsam (formerly RV Magazine) Wired Woman's Day Women's Health Writer's Digest

16.0 REQUIRED FORMS:

All vendors submitting are required to complete and provide with submission along with any other documentation as stated herein:

16.1 Vendor Form

16.2 W9 Form

16.3 Tax Form/Debt/Residence Certification

Contract Sheet Bid 26-040

THE STATE OF TEXAS

COUNTY OF FORT BEND

This memorandum of agreement made and entered into on the ______ day of ___________________, 20_____, by and between Fort Bend County in the State of Texas (hereinafter designated County), acting herein by

County Judge KP George, by virtue of an order of Fort Bend County Commissioners Court, and

________________________________________________________________ (hereinafter designated Contractor).

(company name)

WITNESSETH:

The Contractor and the County agree that the bid and specifications for the Periodical Subscriptions which are hereto attached and made a part hereof, together with this instrument and the bond (when required) shall constitute the…