INVITATION TO BID

ITB #2026-27B

PURCHASE AND INSTALLATION OF BULLET RESISTANT

WINDSHIELDS

City of Rosenberg

2110 4th Street

Rosenberg, TX 77471

RELEASE DATE: March 23, 2026

DEADLINE FOR QUESTIONS: April 3, 2026

RESPONSE DEADLINE: April 9, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/rosenbergtx

City of Rosenberg

INVITATION TO BID

Purchase and Installation of Bullet Resistant Windshields

I. Introduction II. Legal Notice

III. Instructions IV. Mandatory Terms & Conditions V. Other Terms & Conditions

VI. Specifications VII. Vendor Questionnaire

VIII. Pricing Proposal

Invitation To Bid #2026-27B Title: Purchase and Installation of Bullet Resistant Windshields

1. Introduction

1.1. Summary

The City of Rosenberg is seeking bids from qualified vendors for the purchase and installation of thirty-three (33) bullet resistant windshields, to be installed on 2021 or newer Chevrolet Tahoe PPV units.

This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The selected contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, wage documentation and directives.

Notice to All Vendors

The City of Rosenberg utilizes OpenGov Procurement as its eProcurement platform. All solicitations, official notices, addenda, other solicitation documents, and contracts will be posted in OpenGov.

Registration is highly encouraged to ensure you receive proper notifications.

Information obtained from any other source is done so solely at your own risk.

The City of Rosenberg takes no responsibility for information posted outside of the OpenGov

Procurement Platform or Legal Notices published in the Fort Bend Herald.

1.2. Contact Information

Blake Skiles

Procurement Manager

2110 4th Street

Rosenberg, TX 77471

Email: tskiles@rosenbergtx.gov

Phone: (832) 595-3363

Department:

Police Department

1.3. Timeline

Advertisement 1 March 22, 2026

Release Project Date March 23, 2026

Advertisement 2 March 29, 2026

Question Submission Deadline April 3, 2026, 5:00pm

Bid Submission Deadline April 9, 2026, 2:00pm mailto:tskiles@rosenbergtx.gov tel:(832)595-3363

2. Legal Notice

2.1. Notice to Bidders

The City of Rosenberg is soliciting sealed bids from qualified vendors for Purchase and Installation of

Bullet Resistant Windshields.

Sealed Bids must be submitted electronically or received by the City Secretary’s Office no later than:

2:00 pm, Thursday, April 9, 2026.

All sealed bids must be received by the deadline shown. Bids received after the deadline will not be considered for the award of the contract and shall be considered void and unacceptable. All bids will be opened, and bidder’s names publicly read aloud promptly in the City Hall Council Chamber, at 2110 4th

Street, Rosenberg, Texas 77471, on the date and time shown above.

To obtain a copy of the Invitation to Bid or submit an electronic bid please visit:

https://procurement.opengov.com/portal/rosenbergtx

Should you have any questions or require additional information or clarification on information contained in the ITB, please submit your questions via OpenGov Procurement at the website listed above.

Danyel Swint, TRMC, City Secretary

3. Instructions

3.1. General Instructions

The City of Rosenberg will receive sealed bids for the goods/services described in this Invitation to bid

(ITB).

IT IS UNDERSTOOD that the City Council of the City of Rosenberg reserves the right to reject any or all bids for any or all products and/or services covered in this Invitation to Bid and to waive any informalities or defects in such bids.

FACSIMILE AND/OR EMAIL TRANSMITTALS SHALL NOT BE ACCEPTED AND WILL BE VOIDED IF

RECEIVED.

Bidders should carefully examine all terms, conditions, specifications and related documents. Should a bidder find discrepancies in, or omissions from, the specifications or related documents, or should there be a doubt as to their meaning, the City of Rosenberg Procurement Department should be notified immediately for clarification prior to submitting the bid. In the event of any conflict between the terms and conditions 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, the City of Rosenberg’s interpretation shall govern.

3.2. Bidder Responsibility

Bid must be submitted on the pricing forms included for that purpose in this packet. Each bid shall be acknowledged by a person having the authority to bind the firm in a contract.

3.3. Documentation

Bidder shall provide with this bid response all documentation required by this ITB. Failure to provide this information may result in rejection of bid.

3.4. Descriptions

Specifications may reference any catalog, brand name or manufacturers’ model numbers. It is the intent of the City of Rosenberg to be DESCRIPTIVE – NOT RESTRICTIVE and to establish a desired quality level of merchandise or to meet a pre-established standard of quality. Bidders may offer items of equal quality and the burden of proof of such quality rests with them.

3.5. Pricing

Bidders are instructed to bid the unit price on the item(s) specified. Prices for all goods and/or services shall be firm for the initial contract term and shall be stated on the bid sheet. Prices shall be all inclusive.

No price changes, additions or subsequent qualifications will be honored during the course of the contract unless approved by both parties. Additional charges not shown on the bid will not be honored.

All prices submitted in response to this solicitation shall be firm and inclusive of any and all applicable tariffs, duties, surcharges, import fees, or other trade-related costs in effect at the time of bid submission.

The City will not consider, accept, or approve any additional costs, price increases, claims, or adjustments related to tariffs or trade restrictions that were not expressly included in the bidder’s submitted bid price.

By submitting a bid, the bidder acknowledges and agrees that:

• The bidder has fully accounted for all known and foreseeable tariffs and trade impacts in its pricing; and

• The bidder assumes all risk of tariff changes, new tariffs, or trade actions unless otherwise expressly stated in the solicitation.

Failure to include such costs in the bid price shall not constitute grounds for contract modification, price adjustment, or equitable relief.

3.6. Sales Tax

City of Rosenberg is exempt by law from payment of Texas Sales Tax and Federal Excise Tax. As such, tax should not be included in bid.

3.7. Addenda

Any interpretations, corrections or changes to this Invitation to Bid and Specifications will be made by addenda. Sole issuing authority of addenda shall also be vested in the City of Rosenberg Procurement

Department.

3.8. Issuance of Addenda

As addenda is issued, it shall be posted via the City's eProcurement Portal. It is the bidder's responsibility as the supplier to review all addenda posted prior to the completion and submission of the bid. All addenda should be reviewed and considered in the submission of the bid as it pertains to the pricing and scope of work outlined herein.

Bidders are responsible for checking the City's eProcurement Portal regularly for any changes to the bid documents, such as addenda, clarifications, and questions. The City can only guarantee the accuracy and completeness of information on the City's eProcurement Portal. If another agency or construction data website references this project, please also refer to the City's eProcurement Portal or contact the City of

Rosenberg Procurement Department at (832) 595-3363 to verify completeness of the data.

3.9. Late Bids

Bids received by the city after the submission deadline will be considered VOID and unacceptable. City of Rosenberg is not responsible for lateness, failure of technology or non-delivery of mail, carrier, etc.

The date/time stamp in the City Secretary’s Office shall be the official time of receipt.

3.10. Bid Withdrawal

Any bid may be withdrawn and/or edited prior to the scheduled time for opening via the City's eProcurement Portal.

3.11. Bid Rejection

City Council may choose to reject all bids and not award any contract.

3.12. Bid Award

The City shall award the contract to the lowest responsive and responsible bidder(s) under each section, whose bid conforms with all the material terms and conditions of the solicitation. The City has the right to award contracts upon the conditions, terms, and specifications contained in a bid submitted to the

City for a period of up to one hundred and eighty (180) days following the date specified for the opening of bids.

In determining the lowest responsive and responsible bidder, the City must consider contractor integrity, public policy compliance, proper classification of employees (see the Fair Labor Standards

Act, 29 U.S.C. 201, chapter 8), past performance record, and financial and technical resources.

3.13. Contract Term

Contract shall commence on the latest date executed by both parties and continue until project completion as determined by the City. The term of the Contract may extend only by written amendment as mutually agreed between the City and bidder.

https://www.govinfo.gov/link/uscode/29/201

4. Mandatory Terms & Conditions

Because the City of Rosenberg is a governmental entity that must follow State and Federal Laws and has an obligation to protect its taxpayers, the City requires that certain terms be included in the contract that results from this solicitation. Your response to this solicitation is an offer to contract with the City based on the terms, conditions and specifications contained in this solicitation. If any of the mandatory contract terms are unacceptable to your firm, please do not respond to this solicitation.

4.1. Conflicting Provisions

The contract consists only of the city-prepared contract and any additional city or vendor contract documents incorporated by reference as a part of the contract. If a conflict or inconsistency exists between the city-prepared contract and a document incorporated by reference, the city-prepared contract controls. If a conflict or inconsistency exists between any additional contract documents incorporated by reference, the city’s additional contract document takes precedence over the contractor’s additional contract document.

4.2. Payment Provisions

The City’s payments are under the Contract, including the time of payment and payment of interest on overdue amounts, are subject to Chapter 2251, Texas Government Code.

4.3. Multi-Year Contracts

If the City Council does not appropriate funds to make any payment for a fiscal year after the City’s fiscal year in which the contract becomes effective and there are no proceeds available for payment from the sale of bonds or other debt instruments, then the Contract automatically terminates at the beginning of the first day of the successive fiscal year. (Section 5, Article XI, Texas Constitution)

4.4. Liability and Indemnity

Any provision of the Contract is void and unenforceable if it:

1. Limits or releases either party from liability that would exist by law in the absence of the provision;

2. Creates liability for either party that would not exist by law in the absence of the provision; or

3. Waives or limits either party’s rights defenses, remedies or immunities that would exist by law in the absence of the provision (Section 5, Article XI, Texas Constitution)

4.5. Insurance Requirements

Successful bidder (as Contractor) must maintain the insurance types and coverages and comply with the insurance requirements shown in the Owner’s Minimum Insurance Policy Limits outlined as part of the

Invitation to Bid.

Within ten (10) days of the initial request; prior to City Council’s award of the contract, the successful bidder must furnish original certificates of insurance and corresponding endorsements that meet these insurance requirements.

4.6. Confidentiality

Any provision in the Contract that attempts to prevent the City’s disclosure of information subject to public disclosure under federal or Texas law or regulation, or court or administrative decision or ruling, is invalid. (Chapter 552, Texas Government Code)

4.7. Tax Exemption

The City is not liable to Vendor for any federal, state, or local taxes for which the City is not liable by law, including state and local sales and use taxes (Section 151.309 and Title 3, Texas Tax Code) and federal excise tax (Subtitle D of the Internal Revenue Code). Accordingly, those taxes may not be added to any item. The city’s Tax Exemption Certificate will be furnished by the city on request of the contractor.

4.8. Contractual Limitations Period

Any provision of the Contract that establishes a limitations period that does not run against the City by law or that is shorter than two years is void. (Sections 16.061 and 16.070, Texas Civil Practice and

Remedies Code)

4.9. Governing Law and Venue

Texas law governs this Contract and any lawsuit on this Contract must be filed in a court that has jurisdiction in Fort Bend County, Texas.

4.10. Termination for Convenience

The City may terminate the Contract and/or any other Agreement(s) for convenience and without cause or further liability, upon no less than thirty (30) calendar day’s written notice to the Successful Bidder.

The City reserves the right to extend this period if it is in the best interest of the City. In the event the

City exercises its right to terminate without cause, it is understood and agreed that only the amounts due to the Successful Bidder for goods, commodities and/or services provided, and expenses incurred to and including the date of termination, will be due and payable. No penalty will be assessed for the City's termination for convenience.

4.11. Termination for Cause

The City of Rosenberg reserves the right to terminate the contract immediately in the event the successful bidder:

1. Fails to meet delivery schedules;

2. Defaults in the payment of any fees;

3. Otherwise fails to perform in accordance with this contract;

4. Becomes insolvent and/or files for protection under bankruptcy laws.

Such termination is in addition to and not in lieu of any other remedies that City of Rosenberg may have in law or equity. Bidder, in submitting this bid, agrees that City of Rosenberg shall not be liable to prosecution for damages in the event that the City declares the bidder in default.

4.12. Force Majeure

If the party obligated to perform is prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of said party, the other party shall grant such party relief from the performance. The burden of proof for the need of such relief shall rest upon the party obligated to perform. To obtain release based on force majeure, the party obligated to perform shall file a written request with the other party.

4.13. Ex-Parte Communication

Please note that to ensure the proper and fair evaluation of a response to a solicitation, the City prohibits ex-parte communication (e.g. unsolicited) initiated by the Respondent to any Department

Head, City Employee or Committee Member evaluating or considering the responses prior to the time a formal decision has been made. Questions and other communication from vendors will be permissible by the means established in the solicitation until the day and time specified as the deadline for questions. Any communication between Respondent and the City after the deadline for questions will be initiated by the appropriate City Employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the response. Ex-parte communication may be grounds for disqualifying the offending Respondent from consideration or award of the solicitation then in evaluation. If a Respondent violates these provisions more than once in a three (3) year period, the Chief

Procurement Officer may debar the Respondent from the sale of goods or services to the City for a period not to exceed three (3) years.

4.14. Equal Employment Opportunity

During the performance of this contract, the Contractor agrees as follows:

1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

A. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;

layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.

This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

4. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6. The Contractor will furnish all information and reports required by Executive Order 11246 of

September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of

September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

8. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section

204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

A. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter such litigation to protect the interests of the United States.

B. The Applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

C. The Applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the

Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

D. The Applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant;

4.15. Davis-Bacon Act

All provisions at 29 C.F.R. § 5.5(a)(1)-(11) will be incorporated in full to all applicable contracts, and awarded contractor must include these provisions in full in any subcontracts.

4.16. Compliance with the Copeland “Anti-Kickback” Act

Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of

29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract.

Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all these contract clauses.

Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

4.17. Compliance with the Contract Work Hours and Safety Standards Act (29 C.F.R. § 5.5(b)(1)-(5))

Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph

(b)(1) of this section, in the sum of $32 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1).

Withholding for unpaid wages and liquidated damages—

1. Withholding Process. The City of Rosenberg may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this paragraph (b) on this contract, any other federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld.

2. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph (a)(2)(i) or (b)(3)(i) of this section, or both, over claims to those funds by:

A. A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;

B. A contracting agency for its re-procurement cost.

C. A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;

D. A contractor's assignee(s);

E. A contractor's successor(s); or

F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.

Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs (b)(1) through (5) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (5). In the event of any violations of these clauses, the prime contractor, and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.

Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:

1. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part;

2. (Filing any complaint, initiating, or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;

3. (Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or

4. Informing any other person about their rights under CWHSSA or this part.

4.18. Further Compliance with the Contract Work Hours and Safety Standards Act

The contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of three years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker’s correct classification(s) of work performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made; and actual wages paid.

Records to be maintained under this provision must be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview workers during working hours on the job.”

4.19. Clean Air Act

The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

The contractor agrees to report each violation to the City of Rosenberg and understands and agrees that the City of Rosenberg will, in turn, report each violation as required to assure notification to the Federal

Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA.

4.20. Federal Water Pollution Control Act

The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq.

The contractor agrees to report each violation to the City of Rosenberg and understands and agrees that the City of Rosenberg will, in turn, report each violation as required to assure notification to the (name of the pass-through entity, if applicable), Federal Emergency Management Agency, and the appropriate

Environmental Protection Agency Regional Office.

The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA.

4.21. Suspension and Debarment

This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. §

180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

The contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters.

This certification is a material representation of fact relied upon by the City of Rosenberg. If it is later determined that the contractor did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies available to the City of Rosenberg, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C and 2

C.F.R. Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.”

4.22. Byrd Anti-Lobbying Amendment, as amended, 31 U.S.C. § 1352

Contractors who apply or bid for an award of more than $100,000 shall file the required certification.

Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of

Congress in connection with obtaining any federal contract, grant, or any other award covered by 31

U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the federal agency.

4.23. Domestic Preference for Procurements

The Contractor should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement, and other manufactured products.

For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

4.24. Access to Records

The Contractor agrees to provide the City of Rosenberg, the Texas Department of Emergency

Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.

The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

In compliance with section 1225 of the Disaster Recovery Reform Act of 2018, the City of Rosenberg and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

4.25. No Obligation by Federal Government

The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the recipient or subrecipient, contractor, or any other party pertaining to any matter resulting from the contract.

4.26. Program Fraud and False or Fraudulent Statements or Related Acts

The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and

Statements) applies to the contractor’s actions pertaining to this contract.

4.27. Socioeconomic Contracting

The Contractor is encouraged to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure small businesses, minority businesses, women’s business enterprises, veteran-owned businesses, and labor surplus area firms are considered when possible. In accordance with 2 C.F.R. § 200.321(b)(6), the Contractor must also require that all subcontractors it engages take the affirmative steps listed above when further subcontracting opportunities arise. The Contractor shall include this requirement in all subcontracts issued under this contract and shall ensure compliance through appropriate oversight mechanisms.

4.28. License and Delivery of Works Subject to Copyright

The Contractor grants to the City of Rosenberg, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the City of Rosenberg or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the

Contractor will deliver to the City of Rosenberg data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the City of Rosenberg.

4.29. Creating Good Jobs

Pursuant to FEMA Information Bulletin No. 520, the contractor will comply with all applicable federal labor and employment laws. To maximize cost efficiency and quality of work, the contractor commits to strong labor standards and protections for the project workforce by creating an effective plan for ensuring high-quality jobs and complying with federal labor and employment laws. The contractor acknowledges applicable minimum wage, overtime, prevailing wage, and health and safety requirements, and will incorporate Good Jobs Principles wherever appropriate and to the greatest extent practicable.

4.30. Buy Clean

The City of Rosenberg encourages the use of environmentally friendly construction practices in the performance of this Agreement. In particular, the City of Rosenberg encourages that the performance of this agreement includes considering the use of low-carbon materials which have substantially lower levels of embodied greenhouse-gas emissions associated with all relevant stages of production, use, and disposal, as compared to estimated industry averages of similar materials or products as demonstrated by their environmental product declaration.

4.31. Recovered Materials

In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:

1. Competitively within a timeframe providing for compliance with the contract performance schedule;

2. Meeting contract performance requirements; or

3. At a reasonable price.

Information about this requirement, along with the list of EPA-designated items, is available at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

“The Contactor should, to the greatest extent practicable and consistent with the law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable.”

4.32. Prohibition on Contracting for Covered Telecommunications Equipment or Services

1. Definitions

A. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming;

substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award

Funds for Covered Telecommunications Equipment or Services, as used in this clause.

2. Prohibitions

A. Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year

2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons.

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

B. Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:

a. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;

b. Enter, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;

c. Enter, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or

d. Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

3. Exceptions

A. This clause does not prohibit contractors from providing:

a. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

b. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

4. By necessary implication and regulation, the prohibitions also do not apply to:

A. Covered telecommunications equipment or services that:

a. Are not used as a substantial or essential component of any system; and

b. Are not used as critical technology of any system

B. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.

5. Reporting Requirement

A. In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.

B. The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

a. Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

b. Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

6. Subcontracts

A. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.

4.33. Administrative, Contractual, and Legal Remedies

Remedies for Breach or Violation

Pursuant to 2 CFR Part 200, Appendix II(A), in the event of a contractor’s breach of contract or violation of any terms or conditions of this agreement, the non-federal entity (hereafter referred to as the

"Recipient") shall have access to administrative, contractual, and legal remedies as may be appropriate.

These remedies include, but are not limited to, the following:

1. Written Notice and Cure Period

The Recipient shall provide the Contractor with written notice of the breach or violation and allow a reasonable opportunity to cure the defect or failure, not to exceed thirty (30) calendar days, unless a shorter period is necessary to prevent substantial harm to the Recipient or public interest.

2. Withholding of Payment

The Recipient may withhold payment for goods or services not provided in accordance with contract requirements or if the Contractor fails to remedy the breach within the time specified.

3. Termination for Cause

If the Contractor fails to cure the breach within the applicable period or repeatedly fails to perform in accordance with contract requirements, the Recipient may terminate this contract in whole or in part for cause. The Contractor shall be liable to the Recipient for any damages incurred as a result of the breach or termination.

4. Alternative Dispute Resolution

The parties agree to attempt resolution of disputes arising under or related to this contract through informal negotiations. If unsuccessful, disputes may be submitted to mediation or arbitration, if mutually agreed upon, prior to seeking judicial enforcement.

5. Other Legal Remedies

The Recipient reserves the right to pursue any other legal remedies available under applicable federal, state, or local law.

Nothing in this provision shall be construed to limit the rights or remedies otherwise available under law or equity.

5. Other Terms & Conditions

5.1. Remedies

The successful bidder and City of Rosenberg agree that both parties have all rights, duties and remedies available as stated in the Uniform Commercial Code.

5.2. Conflict of Interest

No public official shall have interest in this contract except in accordance with Vernon’s Texas Codes

Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.

5.3. Ethics

The respondent shall not offer or accept gifts or anything of value or enter into any business arrangement with any employee, official or agent of City of Rosenberg. More than one proposal on any one contract from a Respondent or individual under different names shall be grounds for rejection of all proposals in which the Respondent or individual has an interest. One or all proposals will be rejected if there is any reason to believe that collusion exists between Respondents.

5.4. Purchase Order

City of Rosenberg shall generate a purchase order to the successful bidder. The Purchase order number must appear on all invoices, packing lists and all related correspondence. City of Rosenberg will not be responsible for any orders placed and / or delivered without a valid Purchase Order number.

5.5. Delivery

Any delivery and freight charges (FOB Rosenberg designated location) are to be included in the bid price.

5.6. Packing Slips

Packing Slips or other suitable shipping documents shall accompany each shipment and shall show:

1. Vendor Company Name and Address

2. Name and address of City of Rosenberg department the shipment is being made to

3. City of Rosenberg purchase order number

4. Descriptive information as to the items delivered, including quantity and part numbers

5.7. Invoices

Invoices of the awarded Contractor shall be itemized and contain detailed description, quantity, and a unit price calculated in accordance with the terms stated on the awarded Contractor’s Pricing Sheet.

Each invoice shall be accompanied with a published OPIS pricing sheet that supports the unit price stated on the invoice.

The City’s purchase order number must appear on the invoice unless a procurement card is used as payment. The City will not allow any credit card fees to be added when using a procurement card.

Invoices submitted for payment shall be addressed to:

City of Rosenberg - Accounts Payable

P.O. Box 32

Rosenberg, TX 77471

Email: accountspayable@rosenbergtx.gov

5.8. Quality Control

Goods supplied under this contract shall be subject to approval as to quality and must conform to the highest standards of manufacturing practice. Items found defective or not meeting specifications shall be replaced at the supplier’s expense within a reasonable period of time. Payment for defective goods or goods failing to meet specifications is not due until 30 days after satisfactory replacement has been made.

5.9. Warranty

Successful bidder shall warrant that all items or services shall conform to the proposed specifications and all warranties state in the Uniform Commercial Code and be free from all defects in material, workmanship and title.

5.10. Patents/Copyrights

The successful bidder agrees to protect City of Rosenberg from claims involving infringements of patents and/or…