ESBD_444736_1754929228454_RFQ 25-34 Real Estate Brokerage Services Re-Advertisement.pdf

Bid # 25-34 Page 1 of 29 Firm Name:___________________________ Initials:________

REQUEST FOR QUALIFICATIONS (RFQ) NO. 25-34

“Real Estate Brokerage Services, Re-Advertisement of RFQ 25-19”

Table of Contents Tentative Schedule of Events Introduction General Instructions

Responses Information Award Terms of Contract Termination of Contract Special Terms & Conditions Preparation of RFQ Written Modification Qualification of Respondents Addenda & Interpretations Laws and Regulations Obligation of Respondent Required Forms RFQ Tabulation

General Information Scope of Services

Legal and Procedural Requirements for Property Sales Comprehensive Service Requirements

Property Marketing and Transaction Strategy Representation and Negotiation Transaction Management and Due Diligence Engagement, Reporting and Council Support

Project Assignments Offeror Minimum Qualifications

Evaluation Criteria

City of Huntsville 1220 11th Street Huntsville, Texas 77340 Lucy Gonzalez, Procurement Manager Phone: 936-291-5495 Email: purchasing@huntsvilletx.gov

Sealed solicitations shall be received no later than:

2:00P.M., Central Time September 9, 2025

MARK ENVELOPE: “Solicitation Packet 25-34”

ALL PAGES MUST BE INITIALED AND RETURNED, IF

NOT BID MAY BE REJECTED.

RETURN SEALED RFQ:

City of Huntsville City Secretary c/o Purchasing Department Service Center 448 State Highway 75 North Huntsville, Texas 77320

Bid # 25-34 Page 2 of 29 Firm Name:____________________________ Initials:________

Requirements for Proposal Safety Standards & Accident Prevention Insurance Requirements Required Forms

Conflict of Interest Certificate of Interested Parties Form 1295 Israel Verification Form Iran, Sudan and Foreign Terrorist Organizations Verification Form Firearm Verification Form Prohibition of Contracts Discriminating Against Energy, & Energy Company Boycott Verification Form Critical Infrastructure Verification Form Texas Public Information Act Verification Form References Non-Collusion Affidavit

Bid Term & Conditions No-Response Statement Respondents Information

Tentative Schedule of Events The anticipated schedule for this solicitation is as follows. The City reserves the right to modify these dates as necessary.

August 11, 2025 – Release RFQ

August 16 and August 23, 2025 - Legal Advertisement

August 27, 2025 – Questions Due to the Procurement Manager

September 2, 2025 – Final Addendum Posted

September 9, 2025 at 2:00 P.M. – Public Opening

September 23 – September 25, 2025 – Interviews with Selected Respondents

October 2025 – Award Preparation

Introduction The City of Huntsville, Texas (the “City”) is re-advertising its Request for Qualifications (RFQ) for professional real estate brokerage services. This reissuance reflects the City’s commitment to encouraging broader participation and ensures continued access to this opportunity for all interested and qualified firms.

The City recognizes and values the time and resources required to prepare a Statement of Qualifications.

We encourage interested firms to notify us if any part of this RFQ presents unnecessary barriers or unclear requirements. Our intent is to foster open competition and to ensure a fair and accessible process for all eligible providers.

Bid # 25-34 Page 3 of 29 Firm Name:____________________________ Initials:________

General Instructions

RFQ packets must be delivered in a sealed envelope to:

The City of Huntsville Attention of City Secretary c/o Purchasing Department

City of Huntsville Service Center 448 State Highway 75 North

Huntsville, Texas 77320

Solicitation Packets must be received by

September 9, 2025 at 2:00 P.M. Central Time

Respondents must submit one (1) unbound original and one (1) searchable PDF copy on a USB drive.

Submissions must be sealed in an opaque envelope clearly marked “RFQ Packet No. 25-34.” It is the sole responsibility of the respondent to ensure the packet is received at the designated location before the deadline.

Late submissions—those received after 2:00 P.M. Central Time on September 9, 2025—will not be considered and will be returned unopened if properly marked.

A public reading of all timely responses will be held at the submission deadline at the City of Huntsville Service Center, 448 State Highway 75 North, Huntsville, Texas. All interested parties are invited to attend.

All questions concerning the RFQ should be directed to the Procurement Manager, Lucy Gonzalez, via email at purchasing@huntsvilletx.gov.

Responses Respondents submitting a response do so entirely at their expense. The City has no expressed or implied obligation to reimburse any individual or firm for any costs incurred in preparing or submitting an RFQ, providing additional information when requested, or participating in any selection interviews.

Information Details on which commodities and services we purchase or have for sale are available from the Purchasing Department. You may register on the City’s vendor management program at www.huntsvilletx.gov/bids to receive notice of bid opportunities. Additionally, you may register at www.publicpurchase.com.

Award The City of Huntsville reserves the right to award to the most responsible and responsive firm in the best interests of the City. If the awarded respondent is unable to meet the requirements of the City, services/products may be purchased from the next best available respondent until a respondent is found that can complete the requirements of the City of Huntsville.

Terms of Contract

Any contract resulting from this Request for Qualifications (RFQ) shall have an initial term of three (3) years, commencing on the date of contract execution. The City of Huntsville shall have the option to renew the contract for up to two (2) additional one (1) year terms upon mutual agreement of both parties and subject to City Council approval.

mailto:purchasing@huntsvilletx.gov http://www.huntsvilletx.gov/bids http://www.publicpurchase.com/

Bid # 25-34 Page 4 of 29 Firm Name:____________________________ Initials:________

The total possible term of the contract, including renewals, shall not exceed five (5) years. For purposes of this Agreement, the term “Contract Term” shall refer to the then-current term of the Agreement, whether it is the initial term or any subsequent renewal term.

Termination of Contract The City or the Firm shall have the right to cancel at any time for any reason on thirty (30) days written notice. The City of Huntsville reserves the right to terminate this agreement if, in the opinion of the City of Huntsville, the successful firm’s performance is not acceptable or if the deliveries and servicing of any resulting contract do not conform to the requirements detailed herein. If, through any cause, the firm fails to fulfill its obligations, or if the firm violates any of the agreements of this solicitation and/or awarded contract, the City has the right to terminate by giving the successful respondent thirty (30) calendar days written notice. During the thirty-day notification period, the City reserves the right to contact and award to other firms. The vendor will be compensated for the satisfactory deliveries performed before the termination date.

Contract may be terminated immediately should there be any illegal or unprofessional activities, alleged or otherwise, occurring or suspected of occurring.

Special Terms & Conditions It is understood that the City of Huntsville, Texas reserves the right to reject any or all products, services and/or qualifications for any or all products and/or services covered in this RFQ and to waive informalities or defects in a RFQ or to accept such qualifications as it shall deem to be in the best interests of the City of Huntsville. The City of Huntsville may reject an RFQ for any omission of requested forms, not limited to the following: insurance, collusion affidavit, respondent information, conflict of interest, and/or signed RFQ document. If less than three RFQ responses are received, the City of Huntsville reserves the right to extend the opening date as it deems to be in the best interest of the City. Each elected respondent will receive an engagement letter per the awarded contract. The City of Huntsville has the sole last and final determination to determine award.

Preparation of RFQ Each Statement of Qualifications packet must be submitted using the prescribed form. The respondent must initial each page of the City of Huntsville RFQ. If the Statement of Qualifications is submitted by a partnership or corporation, the name and address of the partnership or corporation must be shown, together with the name and address of the partners or corporate officers. Statements of Qualifications submitted by a partnership must be signed by one of the partners. Statements of Qualifications submitted by a corporation must be signed by one of the corporate officials having, under the corporate structure, the power to act in this capacity, and the corporate seal must be affixed to the Statement. Statements of Qualifications submitted by a sole proprietorship must be signed by the proprietor.

Written Modification Any respondent may modify their response by letter, or other written communication at any time prior to the scheduled closing time for receipt of Statement of Qualifications, provided such written communication is received by the City prior to the closing time and provided further, the City is satisfied that the written modification bears the signature of the respondent. The written communication should not reveal any price but should provide the addition, subtraction, or other modification so that the final terms will not be known by the City until the sealed response is opened. It is the responsibility of the respondent to ensure the modification was received by the City.

Qualification of Respondents No prequalification of respondents is required. Before award of any contract can be approved, however, the City shall be satisfied that the respondent involved: (1) maintains a permanent place of business, (2) has adequate personnel and equipment to do the work properly and expeditiously, (3) has a suitable financial status to meet obligations incident to the work, (4) has appropriate technical experience, and (5) can submit

Bid # 25-34 Page 5 of 29 Firm Name:____________________________ Initials:________ a satisfactory performance record. The City of Huntsville has the final and sole decision to determine qualifications.

Addenda & Interpretations No interpretation of the meaning of the specifications of the RFQ will be made to any respondent orally.

Every question or request for interpretation concerning this RFQ shall be directed to the Procurement Manager, Lucy Gonzalez, in writing via e-mail at purchasing@huntsvilletx.gov or sent via mail addressed to the Purchasing Department at 448 SH 75 North, Huntsville, Texas 77320. All questions or requests for interpretation must be received by August 27, 2025 @ 5:00 P.M. as addressed above. All questions or requests for interpretation concerning the solicitation received after August 27, 2025 @ 5:00 P.M. will be considered void and unacceptable.

A written addendum will be issued as a response and will be posted on or before September 2, 2025 @ 5:00 P.M. on the City of Huntsville website, Public Purchase website, and Electronic State Business Daily website. All addenda so issued shall become part of the contract documents, and receipt thereof shall be acknowledged in the space provided in the RFQ proposal. It is the responsibility of the respondent to verify all addenda and interpretations.

Laws and Regulations The respondent’s attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the requested services and this solicitation shall apply to the award throughout, and they will be deemed to be included in the contract the same as though herein written out in full.

Obligation of Respondent At the time of the opening of the Statements of Qualifications, each respondent will be presumed to have become familiar with the solicitation documents (including all addenda). The failure or omission of any respondent to examine any form, instrument, or document shall in no way relieve any respondent from any obligation with respect to their Statement of Qualifications.

Required Forms Each respondent will be required to complete the RFQ packet, including the forms in the Required Forms section. Where applicable, the respondent may complete the No Response Statement and/or the Question/Response Form, if provided.

RFQ Tabulation To obtain RFQ tabulation results, please log on to our website at http://www.huntsvilletx.gov/business/bids_and_RFQs/bid_tabulations/. If you have any other questions, please contact the Procurement Manager, Lucy Gonzalez at (936) 291-5495 or e-mail purchasing@huntsvilletx.gov.

General Information The purpose of this RFQ and the resulting contract is to engage a qualified, licensed real estate brokerage firm to provide professional services to the City of Huntsville (the “City”) on an as-needed basis. Services may include, but are not limited to, real estate brokerage, leasing, acquisitions, sales, transaction management, appraisal coordination, auction support, market research, and strategic advisory services related to real property.

http://www.huntsvilletx.gov/business/bids_and_rfps/bid_tabulations/ mailto:purchasing@huntsvilletx.gov

Bid # 25-34 Page 6 of 29 Firm Name:____________________________ Initials:________

This solicitation does not require the submission of pricing. Compensation for services will be negotiated on a project-by-project basis with the selected firm. Compensation structures may include commission-based fees, hourly or fixed pricing, or other models, as determined appropriate for each engagement.

The City reserves the right to award a contract to a single firm or multiple firms, based on the qualifications received and the City's evolving real estate needs. No specific volume of work is guaranteed under the resulting contract. All services will be initiated at the City’s discretion and authorized individually through written task assignments or purchase orders outlining the scope of work and agreed-upon compensation.

Scope of Services The successful respondent shall provide real estate brokerage and transactional advisory services relating to real property which may include leasing, brokerage, transaction management, appraisal services, auction services, strategic planning, research, sale or acquisition of real property and interests therein, and other strategic planning activities on an as needed and request basis.

Legal and Procedural Requirements for Property Sales

1. Texas Local Government Code Chapter 272.001 requires that any sale or exchange of real property owned by a municipality be authorized by the governing body and preceded by a public notice published in a newspaper of general circulation at least fourteen (14) days before the execution of the transaction.

2. All real estate transactions must be approved by the City Council by ordinance or resolution. The successful offeror shall provide necessary documentation and assistance to support staff in preparing items for Council consideration.

3. The successful offeror must not represent or act on behalf of any other party to the same transaction without prior written disclosure and express approval by the City, in accordance with the City’s ethics standards and State Bar of Texas rules on dual representation.

4. All records related to real estate transactions are subject to disclosure under the Texas Public Information Act (Texas Government Code Chapter 552) unless specifically exempted by law.

Comprehensive Service Requirements The successful offeror shall furnish all materials, labor, supervision, travel and incidentals necessary to perform services, and when requested by the City, shall provide the services which include, but are not limited to, the following:

Property Marketing and Transaction Strategy

1. Advertising and listing City-owned property.

2. Developing strategies for the sale or leasing of properties

3. Performing market analysis and developing proforma analysis and reports.

4. Provide Broker Price Opinions (BPOs) supported by the selling prices of comparable real estate in comparable neighborhoods.

5. Advising on pricing and valuation methodology for proposed transactions.

6. Identifying potential properties for City acquisition.

Representation and Negotiation

1. Representing the City’s interests in real estate transactions.

2. Negotiating with buyers, sellers, or lessees on behalf of the City.

3. Coordinating with legal counsel and title company to ensure proper execution and filing of real estate documents.

4. Assisting with the preparation of documentation for City Council approval.

Bid # 25-34 Page 7 of 29 Firm Name:____________________________ Initials:________

5. Ensuring compliance with statutory requirements for municipal property sales, including publication of required legal notices.

Transaction Management and Due Diligence

1. Coordinating all aspects of real estate transactions and closings.

2. Supporting environmental, survey, and title research efforts when due diligence is required.

3. Coordinating with certified third-party appraisers, when directed, to support the determination of fair market value consistent with Texas Local Government Code § 272.001(b).

4. Maintaining complete transaction records to support public transparency and compliance with the

Texas Public Information Act

5. Organizing and conducting on-site tours of City-owned or prospective properties, including coordination with City departments, scheduling with interested parties, and ensuring safety protocols and access logistics are followed.

Engagement, Reporting and Council Support

1. Preparing and delivering presentations on real estate issues during City Council meetings, including special workshops held at 5:00 PM and regular meetings at 6:00 PM on the 1st and 3rd Tuesday of each month.

2. Participating in public engagement activities when requested by the City.

3. Handling all other customary activities and services associated with real estate transactions.

Project Assignments The successful offeror may receive requests to perform multiple independent projects under the resulting contract(s) of this RFQ. For each project, prior to the successful offeror’s performance of the requested services, the City and the successful offeror shall agree on the specific task(s) to be performed and a not-to-exceed amount based on the applicable rates set out in the negotiated compensation schedule. Each individual project will be authorized by a written Purchase Order issued by the City, which shall specify the scope of work and not-to-exceed price for the assignment. No work shall be performed without a fully executed Purchase Order.

Offeror Minimum Qualifications Offerors must demonstrate that they have the resources and capability to provide the materials and services as described herein. All offerors shall submit documentation with their proposals indicating compliance with the following minimum qualifications:

1. Be a licensed real estate broker in good standing with the Texas Real Estate Commission;

2. Have a minimum of five (5) years of experience in commercial, industrial, residential, agricultural, or governmental real estate transactions, including sales, acquisitions, and leasing;

3. Demonstrate experience providing real estate brokerage services to public-sector clients or in support of complex real estate transactions involving governmental entities, institutional clients, or regulated property;

4. Be familiar with market conditions in Walker County and the broader East Texas region. While direct experience in Walker County is preferred, it is not required.

Evaluation Criteria The City’s selection committee shall conduct a comprehensive, fair, and impartial evaluation of all Statements of Qualifications received in response to this RFQ. The committee shall analyze each Statement to determine the overall responsiveness and the respondents’ ability to provide the services as detailed in this RFQ. The adequacy, depth, and clarity of the response will influence its evaluation. The committee may select all, some, or none of the respondents for interviews. If the City elects to conduct interviews, respondents may be reevaluated based on the initial scoring criteria. Once a respondent has been chosen, the

Bid # 25-34 Page 8 of 29 Firm Name:____________________________ Initials:________

City will negotiate and submit the agreement to the City Council for approval. The proposal shall be scored according to the criteria and corresponding points noted in this Section. Respondents shall label their proposal criteria in accordance with the corresponding tab identifier.

TAB EVALUATION CRITERIA POINTS

A Qualifications and Experience 30 B Market Knowledge and Strategy 25 C Transaction Support and Services 25 D Approach to Municipal Engagement 20

Requirements for Proposal The RFQ response must include one (1) unbound original hard copy and one (1) searchable electronic copy in PDF format submitted on a USB drive. The outside cover or first page of the hard copy should clearly display the respondent’s firm name, contact information, business address, and a designation indicating that it is the “Original.”

Responses must be organized with clearly labeled section tabs: A, B, C, D, and E, corresponding to the evaluation criteria and content descriptions outlined in this RFQ.

The combined response to Tabs A through D shall not exceed twenty-five (25) single-sided pages. Required forms and supporting documentation included under Tab E are excluded from this page limit.

Proposals that exceed the stated page limit may be deemed non-responsive and may not be considered for evaluation.

Tab A. Qualifications and Experience (30 Points)

1. Provide an overview of the firm’s background, including years of experience in commercial real estate and public sector clients.

2. Include resumes of key personnel who will be assigned to work with the City.

3. Provide evidence of licensure and standing with the Texas Real Estate Commission.

Tab B. Market Knowledge and Strategy (25 Points)

1. Describe your understanding of the Huntsville area commercial real estate market.

2. Outline your approach for representing the City in the purchase, sale, or lease of property, including methods used for market valuation, listing, marketing, and negotiation.

3. Provide up to five (5) examples of comparable transactions completed within the past five (5) years. At least two examples involving properties located in Walker County or similar regional markets are preferred but not required. Each example should include:

a. A brief description of the transaction (e.g., property type, scope, and your role in the transaction).

b. Contact information for a reference familiar with the project, including name, phone number, and email address

c. A description of the involvement of key personnel listed in Tab A, including their specific contributions to the project.

4. Summarize your familiarity with current and emerging development priorities in the City of

Huntsville and Walker County, such as industrial development, housing initiatives, infrastructure expansion, or university-driven growth. Include any experience working with zoning, land-use planning, or economic development entities relevant to these areas.

Bid # 25-34 Page 9 of 29 Firm Name:____________________________ Initials:________

Tab C. Transaction Support and Services (25 Points)

1. Detail the range of services offered, including marketing, negotiation, due diligence support, and transaction document preparation.

2. Explain your process for identifying and evaluating properties for acquisition or disposition.

3. Describe your experience working with legal counsel, engineers, and City staff on municipal transactions

Tab D. Approach to Municipal Engagement (20 Points)

1. Provide a letter, no longer than two (2) single-sided pages, describing your approach to fulfilling the responsibilities of a municipal real estate broker.

2. Include your philosophy regarding public sector service, transparency, and accountability.

3. Provide a separate document disclosing any known potential conflicts of interest (e.g., relationships with local officials or entities). Include a plan for managing these conflicts to ensure impartiality and compliance with ethical standards.

Tab E. Required Forms

1. Respondent is to include a signed RFQ, proof of insurability and complete all required forms in the ‘Required Forms’ section below. Failure to include these forms may disqualify the respondent from consideration.

Safety Standards & Accident Prevention With respect to all work performed under this contract, the CONTRACTOR shall:

(1) Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property.

(2) Maintain at his office or other well-known place at the job site, all articles necessary for giving first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctor's care of persons (including employees), who may be injured on the job site. In no case shall employees be permitted to work at a job site before the employer has made a standing arrangement for removal of injured persons to a hospital or a doctor's care.

Insurance Requirements The awarded respondent shall furnish and keep in full force (at its own cost and expense) the following insurance during the term of any Contract resulting from this RFQ:

a. Commercial General Liability at minimum combined single limits of ($1,000,000 per occurrence and

$2,000,000 general aggregate) for bodily injury and for property damages, which coverage shall include products/completed operations at $1,000,000 per occurrence.

b. Commercial Automobile Liability at minimum combined single limits of $300,000 per occurrence for Bodily Injury and Property Damage, including owned, non-owned, and hired vehicle coverage.

c. Professional Liability Insurance at minimum combined single limits of $1,000,000 per occurrence and $2,000,000 aggregate, covering negligence, errors, and omissions in the provision of legal services.

d. Workers’ Compensation Insurance meeting the statutory requirements of the State of Texas, if applicable. Respondents with no employees may provide a written statement confirming exemption from coverage under Texas law.

The awarded respondent shall furnish at their own expense to the City of Huntsville, a Certificate of Liability Insurance listing the City as an “Additional Insured” via endorsement. In Description of

Bid # 25-34 Page 10 of 29 Firm Name:____________________________ Initials:________

Operations will need wording similar to: Blanket additional insured is added in favor of the certificate holder with respect to the general liability coverage as required by written contract. Blanket Waiver of Subrogation is added in favor of the certificate holder with respect to workers compensations coverage as required by written contract. Certificate Holder to be: City of Huntsville 1212 Ave M Huntsville TX 77340.

The required insurance must contain a provision that at least thirty (30) days prior notice of cancellation, non-renewal, or material change of said insurance shall be submitted to the City, by the insurance company. The City reserves the right to full, certified copies of all required insurance policies when requested in writing.

Evidence of insurability must be included in the Statement of Qualifications, and a valid Certificate of Insurance must be received by the City of Huntsville within ten (10) calendar days of contract award.

Bid # 25-34 Page 11 of 29 Firm Name:___________________________ Initials:________

Required Forms

Conflict of Interest

Bid # 25-34 Page 12 of 29 Firm Name:____________________________ Initials:________

Bid # 25-34 Page 13 of 29 Firm Name:____________________________ Initials:________

Certificate of Interested Parties Form 1295

Pursuant to Section 2252 of the Texas Government Code, any business entity entering into a contract with a local government that requires approval of the governing body must submit a Disclosure of Interested Parties to the local government prior to the execution of the contract. The Texas Ethics Commission (TEC) has adopted a form for the Disclosure of Interested Parties (Form 1295) and has created a website application for business entities to submit the required information.

The City of Huntsville may not enter into a contract that requires the approval of the City Council until the business entity that is a party to the contract files a Form 1295 with the Texas Ethics Commission and the City of Huntsville Purchasing Department.

1. Upon being notified of a bid/recommended award, the award recipient, the business entity, must go the following website: https:///www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm and follow the login directions on the website application to complete a Form 1295. It this is a business entity’s first time login on to the website application, the business entity must create a login Username and Password then follow the application’s instructions to complete Form 1295.

2. The City does not have a Contract ID Number System. Please insert the City of Huntsville’s bid or project number in this box.

3. Once confirmation is received, that the information has been submitted with the Texas Ethics Commission, the business entity MUST print, sign and date Form 1295.

4. Form 1295 must be filed with the Texas Ethics Commission within seven (7) business days of the date of notification of recommended award. The contract will not be presented to City Council until the form has been filed with the Texas Ethics Commission and the City of Huntsville has received Form 1295.

5. In no way does a request for filing of Form 1295 with the Texas Ethics Commission commit the City to any type of award whatsoever.

6. Once the City of Huntsville Purchasing Department receives Form 1295, the Purchasing Department will submit confirmation of receipt through the Texas Ethics Commission website within thirty (30) days.

7. This process must be followed for each contract requiring City of Huntsville Council approval.

8. A Form 1295 cannot be handwritten. It must be completed electronically through the Texas Ethics Commission website application.

If you have any questions, contact the City of Huntsville Procurement Manager at (936) 291-5495, City Service Center, 448 SH 75 N, Huntsville, TX 77320.

Bid # 25-34 Page 14 of 29 Firm Name:____________________________ Initials:________

Bid # 25-34 Page 15 of 29 Firm Name:____________________________ Initials:________

Israel Verification Form

I, , the undersigned representative of (the “Company”) do hereby declare, represent, and verify that the Company, under the provisions of Chapter 2271 of the Texas Government Code, as amended:

1. does not boycott Israel currently; and

2. will not boycott Israel during the term of the contract.

Pursuant to Section 2271.001 of the Texas Government Code:

1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and

2. “Company” means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exist to make a profit.

Date Signature

EXCLUSION FROM CHAPTER 2271 OF THE TEXAS GOVERNMENT CODE

I, ________________________, the undersigned representative of _____________________ (the “Company”) do hereby declare, represent, and verify that the Company is excluded from Chapter 2271 because the contract in question:

☐will be between a governmental entity and a company with fewer than 10 full-time employees;

☐ will have a value of less than $100,000 that is to be paid wholly or partly from public funds of the governmental entity; or ☐ will be between a governmental entity and a sole proprietor.

Please check exceptions, if any, that apply to the potential contract between the City of Huntsville and the Company.

Bid # 25-34 Page 16 of 29 Firm Name:____________________________ Initials:________

Iran, Sudan and Foreign Terrorist Organizations Verification Form

“Company”) do hereby declare, represent, and verify that the Company, under the provisions of Chapter 2252 of the Texas Government Code, as amended:

1. will not do business with Iran, Sudan, or any foreign terrorist organization; and

2. will not do business with Iran, Sudan, or any foreign terrorist organization during the term of the contract.

Bid # 25-34 Page 17 of 29 Firm Name:____________________________ Initials:________

Firearm Verification Form

“Company”) do hereby declare, represent, and verify that the Company, under the provisions of Chapter 2274 of the Texas Government Code, as amended:

1. does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and

2. will not discriminate during the term of the contract against a firearm entity or firearm trade association.

Pursuant to Chapter 2274 and Section 809.001 of the Texas Government Code:

1. “Discriminate against a firearm entity or firearm trade association” means, with respect to the entity or association, to: (i) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (ii) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (iii) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association.

2. “Company” means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly

EXCLUSION FROM CHAPTER 2274 OF THE TEXAS GOVERNMENT CODE

“Company”) do hereby declare, represent, and verify that the Company is excluded from Chapter 2274

☐ will be between a governmental entity and a company with fewer than 10 full-time employees, ☐ will have a value of less than $100,000 that is to be paid wholly or partly from public funds of the governmental entity;

☐ will be between a governmental entity and a sole proprietor; or ☐ is an exempt contract under Section 2274.003 of the Texas Government Code.

Please check exceptions, if any, that apply to the potential contract between the City of Huntsville and the Company.

Bid # 25-34 Page 18 of 29 Firm Name:____________________________ Initials:________

Prohibition of Contracts Discriminating Against Energy, & Energy Company Boycott Verification Form

I, , the undersigned representative of (the “Company”) do hereby declare, represent, and verify that the Company, under the provisions of Chapter 2274 of the Texas Government Code, as amended:

1. does not boycott energy companies currently; and

2. will not boycott energy companies during the term of the contract.

Pursuant to Chapter 2274 and Section 809.001 of the Texas Government Code:

1. "Boycott energy company" means, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A).

2. “Company” means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly

EXCLUSION FROM CHAPTER 2274 OF THE TEXAS GOVERNMENT CODE

“Company”) do hereby declare, represent, and verify that the Company is excluded from Chapter 2274

☐will be between a governmental entity and a company with fewer than 10 full-time employees;

☐ will have a value of less than $100,000 that is to be paid wholly or partly from public funds of the governmental entity; or ☐ will be between a governmental entity and a sole proprietor.

Please check exceptions, if any, that apply to the potential contract between the City of Huntsville and the Company.

Bid # 25-34 Page 19 of 29 Firm Name:____________________________ Initials:________

Critical Infrastructure Verification Form

To the extent this proposal relates to critical infrastructure in the State of Texas, I, , the undersigned representative of (the “Company”) do hereby declare, represent, and verify that the Company is not owned by or has the majority of stock or other ownership interest held by or controlled by: individuals who are citizens of China, Iran, North Korea, Russia, or a country designed by the Governor of Texas as a threat to critical infrastructure under Section 2274.0103 of the Texas Government Code as amended (“designated country”); or

1. a company or other entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or

2. it is not headquartered in China, Iran, North Korea, Russia, or a designated country.

The foregoing representation is made solely to comply with Chapter 2274 of the Texas Government Code, as amended, and to the extent such Section does not contravene applicable federal or State law. As used in the foregoing verification, “critical infrastructure” means a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.

Bid # 25-34 Page 20 of 29 Firm Name:____________________________ Initials:________

Texas Public Information Act Verification Form

“Company”) do hereby acknowledge that the requirements of Subchapter J, Chapter 552, Government Code, may apply to this solicitation, proposal and any resultant contract, and agree that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.

Bid # 25-34 Page 21 of 29 Firm Name:____________________________ Initials:________

References

Respondents shall submit with their solicitation the name, address, telephone number, and point of contact of at least three (3) companies for which the respondent has done business within the preceding twelve

(12) months. References may be checked prior to award. Any negative responses received may result in the disqualification of the response. (Form is attached for your convenience below)

Reference 1

COMPANY NAME: __________________________________________________________

CONTACT: _________________________________________________________________

ADDRESS: _________________________________________________________________

PHONE #: __________________________________________________________________

EMAIL: ____________________________________________________________________

Reference 2

COMPANY NAME: __________________________________________________________

CONTACT: _________________________________________________________________

ADDRESS: _________________________________________________________________

PHONE #: __________________________________________________________________

EMAIL: ____________________________________________________________________

Reference 3

COMPANY NAME: __________________________________________________________

CONTACT: _________________________________________________________________

ADDRESS: _________________________________________________________________

PHONE #: __________________________________________________________________

EMAIL: ____________________________________________________________________

Bid # 25-34 Page 22 of 29 Firm Name:____________________________ Initials:________

Non-Collusion Affidavit

1. He/she is ____________________________________of___________________________, the responder that has submitted the attached bid/proposal.

2. He/she is fully informed respecting the preparation of contents of the attached bid and of all pertinent circumstances respecting such bid/proposal.

3. Such bid is genuine and is not collusive or a sham bid/proposal.

4. Neither the said responder not any of its officer, partners, owners, agents, representative, employees or parties in interest, including this affidavit, has in any way colluded, conspired, connived or agreed, directly or indirectly with another responder, firm or person to submit a collusive or sham bid in connection with the contract for which the attached bid has been submitted or to refrain from responding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement of collusion or communication or conference with any other responder, firm or person to fix the price or prices in the attached bid or of any other responder, of to fix an overhead, profit or cost element of the bid price of the bid price of any other responder, or to secure through any collusion, conspiracy, connivance of unlawful agreement any advantage again the City of Huntsville or any per interest in the proposed contact.

5. In compliance with the specifications in the bid/proposal and quote conditions, I, the undersigned agree to furnish the services upon which prices are offered at the price opposite to each line description to the City of Huntsville within the time specified. By submitting this bid/proposal and attached signature I hereby attest that I have not received nor offered anything of value to any City employee, official, and/or board member in connection with this submitted bid.

6. Advanced disclosures of any information to any particular/potential responder which gives that particular/potential responder any advantage over any other interested responder in advance of the award whether in response to advertising or an informal request for bid/proposal made or permitted by a member of the governing body or an employee or representative thereof, will cause to void that particular responders bid/proposal. Prior to an award any communication with a member of the selection committee or governing board will cause to void that particular responders bid/proposal and the committee member or the governing board member will be rejected from the voting process for that bid/proposal or contract. By submission of this bid/proposal responder attests that no improper communication has occurred resulting in an advantage over any other responder, potential responder, or advance discloser.

7. The price or prices quoted in the attached bid/proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the responder or any of its agents, representative, owners, employees, or parties in interest, including this affidavit.

Signature

Printed Name

Firm Name

Bid # 25-34 Page 23 of 29 Firm Name:____________________________ Initials:________

Bid Term & Conditions

DEFINITIONS:

City – City of Huntsville City Council – The elected officials of the City of Huntsville who have been given the authority to exercise such powers and jurisdiction of all City business as conferred by the City Charter, Ordinance and Laws.

Contract- An agreement between the City and a vendor to furnish products over a designated period of time during which repeated purchases or a single purchase are made of the commodity (s) or service specified.

Vendor – The potential or successful bidder of an Invitation for Bid or Request for Proposal.

ACCEPTANCE: The City reserves the right to accept or reject any or all bids, to waive any informalities and technicalities, to accept the offer considered most advantageous in order to obtain the best value for the City in accordance with Local Government Code Chapter 252.

Causes for rejection of a bid may include but shall not be limited to the bidder’s current violation of any City ordinance, the bidder’s current inability to satisfactorily perform the work or service, or the bidder’s previous failure to properly and timely perform its obligation under a contract with the City. Bidders may be disqualified and rejection may be recommended for any but not limited to the following:

• Failure to use the form furnished by the City;

• A bid that fails to meet the essential requirements;

• A bid that does not conform to the specifications;

• A bid that fails to conform to the delivery schedule or permissible alternatives;

• Failure to submit a bid bond, insurance or other requested documents in conformance with the requirements;

• A bid seeking to qualify the terms and conditions, or otherwise seeking to limit contractor liability, or to limit the City’s rights;

• A vendor that qualifies its price in such a manner that the firm’s bid price cannot be determined;

• Price quoted shall be the price in effect at the time of delivery which remains unknown at the present time.

• A bid is contingent on also receiving awards on other bids currently under consideration.

All bidders are hereby notified that the City shall consider all factors it believes to be relevant in selecting the offer that provides the best value for the City including but not limited to the purchase price, the proximity of the bidder as it relates to his ability to perform the contract for the City, the delivery date, the reputation of the bidder and the bidder’s goods or services, the quality of the bidder’s goods or services, the bidders past performance under contracts with the City, and the bidder’s compliance with City ordinances. The City is committed to obtaining its goods, products and services at the lowest price possible which benefit all the citizens of Huntsville. Therefore, in order to accomplish the objective/goal it is not the intention of the City to either exclude particular vendors or manufacturers nor to create restrictive situations in its request for bids and proposals.

Any manufacturer’s names, trade names, brand names, catalog numbers, technical data etc. used in the specifications are there for the sole purpose of establishing and describing general performance, quality levels, type and dimensions and such references are not intended to be restrictive. Alternate bids on similar or comparable products and/or services of any manufacturer or vendor equal to the products and/or services described in the specifications are invited and will be given careful consideration provided the alternate will accomplish the same task. The City shall be the sole judge on whether the alternate product and/or service is similar to, equal to and in compliance with that specified. The decision of the City shall be final. In literal compliance in reference to standards and specifications shall mean the meeting or exceeding of all or nearly all of the said standards and specifications. If the City determines that standards and specifications are in literal compliance and not all standards and specifications have been met or exceeded, the City must base such a determination on its finding that any standards and specifications which have not been met or exceeded do not render the bidder product any less usable for the purpose for which it is intended.

ADDENDA: Any interpretations, corrections or changes to an Invitation for Bid and/or Request for Proposal will be made by addenda.

Sole issuing authority of addenda shall be vested by the City of Huntsville’s Purchasing Department.

Addenda may be posted on the City of Huntsville’s web site and may be distributed to all who are known to have received a copy of this Invitation for Bid and/or Proposal will receive written notification. The City assumes no responsibility for the bidder’s failure to obtain and/or properly submit any addendum.

Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. The City of Huntsville’s decision to accept or reject any particular bid due to a failure to acknowledge and submit addenda shall be final.

ADVERTISING: Any advertising or promotions used which the Cities award is showcased, placed in written technology or verbal communication must be expressly authorized in writing by the City.

ALTERING BIDS: Bids cannot be altered or amended after the submission deadline without

Bid # 25-34 Page 24 of 29 Firm Name:____________________________ Initials:________ acceptable reason and without the approval of the purchasing manager.

Any interlineations, alteration, or erasure made before opening time should be initialed by the signer of the bid, guaranteeing authenticity.

AMENDMENTS: Chapter 176 of the Texas Local Government Code requires a person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity to submit a Conflict of Interest Questionnaire to the appropriate records administrator of the City not later than the seventh business day after the date the person begins contract discussions or negotiations with the local governmental entity, or submits to the local governmental entity an application, response to a request for proposal or bid, correspondence, or another writing related to a potential agreement with the local governmental entity. For purposes of this bid, you may submit the completed form with your response.

Each vendor is responsible for verifying they are…