Huntsville

CITY OF

REQUEST FOR PROPOSAL RFP NO. 26-17

“DISASTER RECOVERY CONSULTING SERVICES”

For a printable version please visit our website at City of Huntsville/Government/Finance/Purchasing/BIDS & RFPS

POINT OF CONTACT

Email: Purchasing@huntsvilletx.gov

The Vendor’s signature is required for acceptance of this solicitation and confirms the Vendor has read and understands all requirements concerning this solicitation, the undersigned affirms they are duly authorized to execute the contract. The City of Huntsville is not responsible for solicitations received after the submission deadline for any reason and will be considered void and unacceptable. Hand delivered or mailed offers must be SEALED in an envelope, CLEARLY marked with RFP 26-17 Disaster Recovery Consulting Services.

CERTIFICATION OF OFFER

Company Name ___________________________________________________________________ Date: _______________________

Signed By: ______________________________________________________Title: _________________________________________

Typed/Printed Name: ________________________________________________________ Phone#: ___________________________

Mailing Address: ___________________________________________________________ Tax ID Number: _____________________

Street/P. O. Box City State Zip Email: ________________________________________________________________________ SAM ID: _______________________

INITIAL FOR ADDENDUM RECEIPT/ACKNOWLEDGMENT. PLEASE MARK N/A IF NOT ISSUED.

Addendum #1 ____________ Addendum #2 __________ Addendum #3 ____________ Addendum #4 ____________

Sealed solicitations shall be received no later than:

2:00P.M., Central Time

June 15, 2026

MARK ENVELOPE: “Solicitation Packet 26-17”

RETURN SEALED:

City of Huntsville

City Secretary c/o Purchasing Department

448 State Highway 75 North

Huntsville, Texas 77320 https://www.huntsvilletx.gov/Bids.aspx

TENTATIVE SCHEDULE OF EVENTS

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

May 21, 2026 – Release Solicitation

May 23 and May 30, 2026 - Legal Advertisement

June 1, 2026 – Questions Due to the Procurement Manager

June 4, 2026 – Final Addendum Posted

June 15, 2026, at 2:00 P.M. – Public Opening

June 17 – June 18, 2026 – Interviews with Selected Vendors

July 2026 – Award Preparation

GENERAL INSTRUCTIONS

Submissions must be in a sealed envelope clearly marked “RFP 26-17 Disaster Recovery Consulting Services” It is the sole responsibility of the Vendor to ensure the packet is received at the designated location before the deadline.

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 this solicitation should be directed to the Purchasing Department via email at purchasing@huntsvilletx.gov.

RESPONSES

Vendors 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 a solicitation, providing additional information when requested, or participating in any selection interviews.

QUALIFICATIONS OF RESPONDENTS

No prequalification of respondents is required. Before award of any solicitation 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 a satisfactory performance record. The City of Huntsville has the final and sole decision to determine qualifications.

ADDENDA

No interpretation of the meaning of the specifications of the solicitation will be made to any Vendor orally. Every question or request for interpretation concerning this solicitation shall be directed to the Purchasing Department, in writing via e-mail at purchasing@huntsvilletx.gov. All questions or requests for interpretation concerning the solicitation received after June 1, 2026 @ 10:00 A.M will be considered void and unacceptable.

A written addendum will be issued as a response and will be posted on or before June 4, 2026 @ 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 solicitation documents, and receipt thereof shall be acknowledged in the space provided in this solicitation. It is the responsibility of the Vendor to verify all addenda and interpretations.

SOLICITATION TABULATIONS

Solicitation tabulation results are posted on our website at:

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

OBJECTIVE

The objective of this solicitation is to establish a pre-positioned solicitation for technical and professional services to assist with or implement the City’s responsibilities under the FEMA Public Assistance (PA) program, as well as other federal, state, and non-federal disaster recovery and grant programs that may be available following an emergency or disaster event. These services will include, but are not limited to, grants management and administration, project management, and disaster recovery support. This solicitation does not guarantee any minimum quantity of services, and its use will be determined solely by the City based on its needs at the time of an emergency or disaster. The selected Vendors will deliver timely, cost-effective, and technically sound consulting, planning, design, analysis, permitting, and construction-phase services to assist the City in maintaining, improving, and expanding public facilities and infrastructure in accordance with applicable regulations, standards, and best practices.

TERM OF SOLICITATION

The term of this solicitation shall be from: Award through September 30, 2026. This Solicitation will have four (4) one (1) year renewal options as follows:

Option Year 1: October 1, 2026 through September 30, 2027 Option Year 2: October 1, 2027 through September 30, 2028 Option Year 3: October 1, 2028 through September 30, 2029 Option Year 4: October 1, 2029 through September 30, 2030

This solicitation may be renewed for four (4) one (1) year extensions, provided both parties agree. Any extensions shall be at the same terms and conditions, plus any written approved changes.

SELECTION AND AWARD

The City’s selection of any proposal does not constitute an award of a solicitation agreement with the City. Once the City has selected a proposal, solicitation negotiations will follow between the City and the selected respondent; it is further expressly understood that no contract exists with the City until a contract has been executed by both the City and the selected respondent.

Award of a solicitation by the City does not guarantee any work or payment for services. The City shall issue Task Orders stating the scope, duration, and payment amounts or rates for any work to be performed under the awarded solicitation. Task Orders will be issued and signed by the awarded respondent prior to any work commencing. Task Orders may be terminated or amended at any time by the City.

Solicitation terms and conditions for Disaster Recovery and Management Services will be negotiated following the selection of a successful Vendor. Final solicitation terms, including scope of services, budget, schedule, and FEMA compliance provisions will be subject to review and approval by the City’s Purchasing and Legal Departments. The resulting agreement must comply with all applicable federal, state, and local procurement regulations, including the requirements of 2 CFR Part 200 for FEMA-funded projects.

The City reserves the right to award the most responsible and responsive Vendor in the best interest of the City based on best value meeting the requirements for this service. The City may award to multiple providers or to a single provider.

The City reserves the right to reject the solicitation of any Vendor who is in violation of any City Ordinance. The City may choose to negotiate a settlement of the ordinance violation as a condition of the solicitation award.

SCOPE OF WORK

Develop and implement a recovery plan to restore facilities to their pre-disaster condition. The main objective of this solicitation and the resulting Disaster Consulting and Grant Administration Services solicitation is to maximize eligibility and reimbursement for all aspects of the recovery program, providing planning expertise, mitigation planning and implementation, and other potential federal and state funding opportunities. This may include but is not limited to, the following:

1. Aid the City with regard to disaster assistance and management of any type needed to include, but not limited to, response and preliminary damage assessments; coordination with any State of Texas Division of Emergency Management (TDEM) or Federal Emergency Management (FEMA) recovery and mitigation services, and any other federal or state agency as needed. The Vendor must be available within 24-48 hours following a declared disaster or notification of need by the City to begin coordination efforts.

2. Provide broad-based support services for response, recovery, and administration activities, ensuring the City is able to accomplish and maximize (if available) federal and state grant funding for activities such as debris operations, emergency protective measures and recovery missions, infrastructure, and other activities that service the public’s health and safety.

3. Provide guidance in receiving reimbursement for the repair and potential replacement of the loss of critical infrastructure under the FEMA Public Assistance Program (PA).

4. Support the City in conducting and documenting preliminary damage assessments (PDAs) to determine disaster impact and magnitude. Collaborate with the City on project formulation of FEMA projects and state and Federal grants, including developing scope of work, cost estimates, detailed damage descriptions (field team assessment of damages including damaged structures, contents, etc.), and required backup documentation for submittal of project worksheets and grant applications.

5. Collaborate on project formulation for FEMA, state, and federal grants, including developing scope of work, cost estimates, damage descriptions, and required documentation for project worksheets and grant applications.

6. Provide support for documenting damages in the FEMA Portal, including uploading and managing required documents.

7. Coordinate with FEMA, federal and state agencies, and local jurisdictions for status/action plan meetings, priority setting, scope changes, updates, quarterly reporting, time extensions, and deliverables.

8. Assist City procurement with the development of solicitation packages (to include coordination with City Engineering or Architect/Engineering Consultant) that align with the project's scope of work, damages, performance measures, and procurement laws in accordance with federal and state regulations.

9. Develop improved and/or alternate project requests to include Section 428- Sandy Recovery Improvement Act (SRIA) alternative arrangement projects within the recovery process within established FEMA timelines.

10. Develop and implement Section 406 Hazard Mitigation Proposals (HMPs) and Section 404 Hazard Mitigation Grant Program (HMGP) applications, including FEMA Benefit Cost Analysis (BCA) methodologies.

11. Prepare applications and BCAs for the Building Resilient Infrastructure and Communities (BRIC) program.

12. Research and identify grant funding opportunities from federal, state, and foundation sources to support the City’s needs in areas such as community and economic development, public works, infrastructure, parks and recreation, transportation, GIS, and municipal planning.

13. Assist in insurance optimization by working with insurance carriers to maximize disaster-related coverage and providing recommendations on future policy negotiations.

14. Ensure compliance with applicable regulations, including the Stafford Act, Environmental and Historic Preservation Management, Davis-Bacon, and Section 3 of the HUD Act.

15. Develop amendments requesting changes to scope of work, costs, insurance, or other discrepancies.

16. Assist in preparing and revising the City’s Hazard Mitigation Plan to identify opportunities to reduce risks from future events.

17. Provide grant administrative support to maximize reimbursements for disaster recovery expenses.

18. Prepare and conduct the final cost reconciliation and close-out packaging to ensure maximum funding recovery, audit readiness, and resolution of arbitration and appeals.

19. Coordinate with other consultants and vendors for related services such as accounting, legal, architecture, engineering, environmental, restoration, and construction.

20. Track, monitor, and report time and activities performed by consulting staff per project under federal guidance for administrative, indirect, and project management costs.

21. Prepare monthly written performance and status reports detailing hours billed, amounts invoiced, project worksheet and grant application developments, approvals, reimbursements received, and any outstanding issues requiring City assistance.

22. Prepare and respond to inspections, audits, and formal audit justifications as needed.

23. Attend meetings with City staff, City Council, and federal, state, and county agencies to present and negotiate project worksheets and grant applications.

The successful Vendor will work closely with the City to ensure compliance with all applicable federal, state, and local regulations and to optimize funding opportunities for disaster recovery and infrastructure projects. Services provided will not be limited to FEMA Public Assistance (PA) applications, but may also include support for other federal, state, or grant programs as needed to maximize reimbursement and recovery funding.

SOLICITATION FORMAT

Respondents must submit five (4) copies, one (1) unbound original and one (1) searchable PDF copy 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.”

Solicitations must be submitted on the provided form. All blank spaces for prices must be filled in, in ink or typewritten and must be fully completed and executed when submitted. If the unit price and the total amount named for an item are not in agreement, the unit price alone will be considered as representing the Vendors intention and the total will be corrected to conform. The Vendor must sign their solicitation in the space provided.

EVALUATION CRITERIA

The City’s evaluation committee will conduct a comprehensive, fair, and impartial evaluation of all solicitations submitted.

Each Statement will be reviewed to determine overall responsiveness and the Vendors ability to provide the services described herein. The adequacy, depth, organization, and clarity of each response will be considered as part of the evaluation process. Vendors shall clearly label and organize their submissions using the designated tab identifiers associated with each evaluation criterion.

Solicitations will be scored in accordance with the evaluation criteria and corresponding point values identified in this section. Based on the initial evaluation, the City may select all, some, or none of the respondents to participate in interviews.

If interviews are conducted, respondents may be reevaluated using the same scoring criteria.

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

TAB EVALUATION CRITERIA POINTS

A Vendor Qualifications & Understanding of Needs 15

B Capacity, Availability & Personnel 10

C Technical Approach & Methodology 25

D Previous Work Performance 25

E Compliance with Federal, State, and Local Requirements 15

F Cost 10

Tab A. Vendor Qualifications (15pts) (10 page max)

• Cover Letter: A brief introductory letter on company letterhead, signed by an authorized representative. The cover letter should introduce the firm, express interest in the project, and summarize the firm’s understanding of the project scope and objectives. It should also confirm the firm’s eligibility: e.g., state that the firm is licensed to practice engineering in Texas and has no record of substandard work or unethical practices in the last five years.

• Detail the firm’s experience with FEMA Public Assistance (PA) programs, including grant administration, disaster recovery, and appeals (both first and second level).

• Describe past work with federal and state agencies, including FEMA and the Texas Division of Emergency

Management (TDEM).

Tab B. Capacity, Availability & Personnel (10pts) (10 page max) The ability of the Vendor to perform the work within considering current commitments; and the qualifications of the proposed project team. Demonstrate how will the Vendor absorb The on call request of the City. Emphasis is on the experience of key staff, availability of resources, and project management approach. (Combines an assessment of staff expertise and the Vendor’s resources to deliver the project.)

• Capacity and Project Team: Identify the key personnel proposed for this project and their roles. Provide an organizational chart or list that shows the project manager, and any other significant team members. Briefly describe the Vendor’s capacity to perform the work within the desired timeframe.

• Resumes of Key Personnel: Include resumes for key team members. Each resume should highlight the person’s experience in similar projects, educational background, professional registrations, and years of experience.

Tab C. Technical Approach and Methodology (25pts) (20 page max)

• Demonstrate understanding of the City’s scope of work, objectives, and recovery needs.

• Describe the proposed approach to maximizing reimbursement and ensuring compliance with applicable federal, state, and local regulations.

• Outline strategies for developing recovery plans, hazard mitigation proposals, insurance coordination, and claims optimization.

• Explain the firm’s project management approach, including coordination with City staff and documentation practices.

Tab D. Previous Work Performance (25pts) (10 page max) The Vendor’s past performance on comparable projects. This includes quality of work, adherence to schedules and budgets, and client satisfaction. The City may contact provided references to inquire about the Vendor’s performance (e.g., whether past projects were completed on time, within budget, and to the client’s expectations). Any prior work with the City of Huntsville or within Walker County (if applicable) may be considered here as well. The Vendor’s experience and competence in projects of similar nature and complexity. This includes relevant project history, technical capabilities, and familiarity with applicable standards or grant programs. (Corresponds to the experience and track record of the Vendor.)

Tab E. Compliance with Federal, State and Local Requirements (15pts) (35 page max)

• The overall professionalism, clarity, and completeness of the submitted qualifications package (not to exceed 35 pages). This category also encompasses compliance with the solicitation instructions, such as page limits and organization.

• Provide a statement confirming the firm’s ability to comply with all applicable federal, state, and local procurement regulations, including but not limited to 2 CFR Part 200 (Uniform Administrative Requirements).

• The same should be included for any sub Vendors or partner firms proposed in the response.

• Include all completed required forms

Tab F. Cost (10pts) (2 page max)

• Respondents must complete the Price Table provided below to submit their fee schedule. The Price Table must include all proposed labor categories. Additional job titles not listed may be added. Additional pages may be added, but do not substitute or alter the provided Price Table format.

• Profit (expressed as a percentage or actual cost) must be clearly identified and will be negotiated as a separate element of the total solicitation price.

• Describe how the cost proposal is competitive and cost-effective in maximizing available federal and state recovery funds

PRICE CHART

Provide fully burdened hourly rates for each labor category listed below. These rates should include all wages, overhead, administrative costs, and other associated costs necessary to perform the services described in the Scope of Work.

• Respondents may add additional job titles if needed to reflect the structure of their proposed team.

• If multiple individuals fall under the same title with different rates (e.g., based on experience), indicate the range or list each separately.

• Profit must be clearly identified and negotiated as a separate element of the total solicitation price. To comply with FEMA and federal procurement requirements, respondents must disclose and certify the profit percentage proposed as part of their submission.

Note: The City reserves the right to negotiate labor categories and rates.

Job Title Hourly Rate Overtime Rate

(if applicable)

Comments/Notes

Project Manager

Grant Administrator $ $

Financial Analyst $ $

Compliance Specialist $ $

Field Inspector / Assessor $ $

Public Assistance

Specialist

Compliance Specialist $ $

Mitigation Specialist $ $

Administrative Support $ $

Profit Certification:

• Proposed Profit Percentage: ______%

TERMS & 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 commodities or services over a designated period of time. Vendor – Any individual, business, or entity that provides, or seeks to provide, goods, services, or property through a contract or purchase order. This includes bidders, contractors, and suppliers involved at any stage of the procurement process, ranging from solicitation to final contract award. TLGC- Texas Local Government Code. TGC- Texas Government Code

INTRODUCTION

The City of Huntsville, Texas (“City”) is soliciting Request of Qualifications from Vendors duly registered to practice in the State of Texas that demonstrate the resources, experience, and expertise necessary to provide a comprehensive range of civil engineering services to support current and future City projects, as needed. The City intends to award multiple contracts as a result of this solicitation to ensure qualified professional services are available to meet project demands.

PUBLIC INFORMATION

This solicitation is subject to TGC Chapter 552, Subchapter J (Sections 552.371–552.376) which mandates that certain contractors and vendors working with governmental bodies must preserve, maintain, and disclose contracting information related to public business upon request. It ensures public transparency for, or in connection with, government contracts, requiring specific contract language for compliance. Failure to comply can result in the termination of business with the City.

ACCEPTANCE

The City reserves the right to accept or reject any or all solicitations, 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 TLGC 252. Causes for rejection of a solicitation may include but shall not be limited to the violation of any City ordinance, the inability to satisfactorily perform the work or service, or the failure to properly and timely perform its obligation under a contract with the City.

ADDENDA

Any interpretations, corrections or changes to a solicitation 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 the solicitation. The City assumes no responsibility for the failure to obtain and/or properly submit any addendum. Failure to acknowledge any addendum may cause the rejection of a solicitation. The City of Huntsville’s decision to accept or reject any particular solicitation due to a failure to acknowledge and submit addenda shall be final.

ADVERTISING

Notice of this solicitation shall be advertised once a week for two consecutive weeks, with the first publication occurring at least fourteen (14) days prior to the solicitation opening. The notice will be published in the local newspaper and posted on the City’s official website to ensure public accessibility and compliance with statutory requirements.

ASSIGNMENT

The Vendor is prohibited from transferring their rights and duties, selling, assigning, transferring or conveying this contract, in whole or in part, without the prior written consent of the City of Huntsville. All subVendors must be approved in writing by the City prior to any work being initiated.

COLLUSION

Advanced disclosures of any information to a Vendor which gives any advantage over any other interested Vendor in advance of the award whether in response to advertising or a solicitation, made or permitted by a member of the governing body or an employee or representative thereof, will void that Vendors solicitation. Prior to an award any communication with a member of the governing body or an employee or representative thereof will void that Vendors solicitation. By submission of this solicitation the Vendor attests that no improper communication has occurred resulting in an advantage over any other Vendor, https://www.google.com/search?q=Texas+Government+Code+Chapter+552%2C+Subchapter+J&rlz=1C1GCEA_enUS1184US1184&oq=GC+552+J&gs_lcrp=EgZjaHJvbWUyBggAEEUYOTIHCAEQIRigATIHCAIQIRigATIHCAMQIRigATIHCAQQIRiPAjIHCAUQIRiPAjIHCAYQIRiPAtIBCDQzNTBqMGo3qAIIsAIB8QXLbtHWgMijUPEFy27R1oDIo1A&sourceid=chrome&ie=UTF-8&mstk=AUtExfCGrez_sdMxI1u-EOED4Nn8ymwKjEyHkVOnhpPOnPxsz9x8INDIHjaAHdksX5alKbSYw1FjeqLolMrwY2YHWsVdESi97PPUmPoPUanUDmkjBHOJyxxOT_dIMXUJ15X21kLaS1RMMZdoIdyu-8WBEOHtpxio2rcIjGbheJGcdjz7VIc&csui=3&ved=2ahUKEwjt4_GylPWSAxX75MkDHYy8MegQgK4QegQIARAB https://www.google.com/search?q=Texas+Government+Code+Chapter+552%2C+Subchapter+J&rlz=1C1GCEA_enUS1184US1184&oq=GC+552+J&gs_lcrp=EgZjaHJvbWUyBggAEEUYOTIHCAEQIRigATIHCAIQIRigATIHCAMQIRigATIHCAQQIRiPAjIHCAUQIRiPAjIHCAYQIRiPAtIBCDQzNTBqMGo3qAIIsAIB8QXLbtHWgMijUPEFy27R1oDIo1A&sourceid=chrome&ie=UTF-8&mstk=AUtExfCGrez_sdMxI1u-EOED4Nn8ymwKjEyHkVOnhpPOnPxsz9x8INDIHjaAHdksX5alKbSYw1FjeqLolMrwY2YHWsVdESi97PPUmPoPUanUDmkjBHOJyxxOT_dIMXUJ15X21kLaS1RMMZdoIdyu-8WBEOHtpxio2rcIjGbheJGcdjz7VIc&csui=3&ved=2ahUKEwjt4_GylPWSAxX75MkDHYy8MegQgK4QegQIARAB https://www.google.com/search?q=Texas+Government+Code+Chapter+552%2C+Subchapter+J&rlz=1C1GCEA_enUS1184US1184&oq=GC+552+J&gs_lcrp=EgZjaHJvbWUyBggAEEUYOTIHCAEQIRigATIHCAIQIRigATIHCAMQIRigATIHCAQQIRiPAjIHCAUQIRiPAjIHCAYQIRiPAtIBCDQzNTBqMGo3qAIIsAIB8QXLbtHWgMijUPEFy27R1oDIo1A&sourceid=chrome&ie=UTF-8&mstk=AUtExfCGrez_sdMxI1u-EOED4Nn8ymwKjEyHkVOnhpPOnPxsz9x8INDIHjaAHdksX5alKbSYw1FjeqLolMrwY2YHWsVdESi97PPUmPoPUanUDmkjBHOJyxxOT_dIMXUJ15X21kLaS1RMMZdoIdyu-8WBEOHtpxio2rcIjGbheJGcdjz7VIc&csui=3&ved=2ahUKEwjt4_GylPWSAxX75MkDHYy8MegQgK4QegQIARAB potential Vendor, or advance disclosure.

Signature of this solicitation certifies that the Vendor is fully informed of the preparation and contents of this solicitation, affirms that the solicitation is genuine, made in good faith, and is neither collusive nor submitted for any improper purpose.

Furthermore, certifies that neither signatory of this solicitation nor any other representative of the business has engaged in any collusion, conspiracy, or improper communication with other responders or City officials to influence pricing, gain an unfair advantage, or affect the outcome of the procurement process.

COMPLIANCE

This solicitation and Vendor and/or contractor must comply with all Federal, state, local laws, City policies, and City Charter concerning these types of service. The Vendor is prohibited from discriminating due to racial, sexual, religious, disability, or any other grounds. Any known discrimination is grounds for immediate cancellation of contract at the sole expense of the Vendor.

CONTRACT

This solicitation, when properly accepted by the City of Huntsville, shall constitute a contract equally binding between the successful Vendor and the City of Huntsville. No different or additional terms or addendums, supplements, or amendments will become a part of this contract unless agreed to and signed by both the successful Vendor and the City without the prior written approval of the City of Huntsville. If during the life of the contract, the successful Vendor net prices to other customers for items awarded herein are reduced below the contracted price, it is understood and agreed that the benefits of such reduction shall be extended to the City.

CONTRACT TERMINATION

The City or the Vendor may terminate this Contract, with or without cause, upon thirty (30) calendar days’ written notice. Upon receipt of a notice of termination, the Vendor shall immediately cease all work unless otherwise directed by the City. The Vendor shall be compensated only for services satisfactorily performed and accepted by the City prior to the effective date of termination. If the Vendor fails to fulfill its obligations under this Contract or violates any term or condition herein, the City may terminate the Contract for cause upon five (5) calendar days’ written notice. Termination for cause may be deemed sufficient grounds for removal of the Vendor from the City’s Vendor list for future solicitations. Such termination shall not relieve the Vendor of liability to the City for damages resulting from any breach of Contract. The City reserves the right to withhold payment until the full extent of damage is determined and resolved. In the event of termination, the Vendor shall not be entitled to lost or anticipated profits, consequential damage, or other special damages. The City reserves the right, during any notice period, to solicit and award services to other Vendors as necessary, including in cases of emergency or urgent need. The Contract may be terminated immediately upon the occurrence or suspected occurrence of illegal or unprofessional activities. Should any change in terms be requested by the Vendor after the contract has been awarded, the City reserves the right to terminate the contract and award the solicitation to the next responsible responsive Vendor.

FORCE MAJEURE

Vendor will not be held liable for noncompliance for any reasonable delay caused by acts of God and or labor strikes.

FUNDING

Award and funding of this solicitation is pending the approval by Huntsville City Council. Anticipated orders or other obligations that may arise past the end of the current City fiscal year shall be subject to budget approval. The City reserves the right to rescind the contract at the end of each fiscal year if determined that there are insufficient funds to extend the contract and no cost.

SERVICES

The Vendor shall perform services necessary under these terms in a competent and professional manner with the professional skill and care ordinarily provided by competent Vendor practicing under the same or similar circumstances and professional license, as expeditiously as is prudent considering the ordinary professional skill and care.

INDEMNIFICATION AGREEMENT

THE VENDOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF HUNTSVILLE, ITS OFFICERS, AGENTS, AND EMPLOYEES, BOTH PAST AND PRESENT, FROM AND AGAINST ANY AND ALL LIABILITY FOR ANY AND ALL CLAIMS, LEINS, SUITS, DEMANDS AND ACTIONS FOR DAMAGES, INJURIES TO PERSONS (INCLUDING DEATH), PROPERT DAMAGE (INCLUDING LOSS OF USE), AND EXPENSES, (INCLUDING COURT COST, ATTORNEYS’ FEES AND OTHER REASONABLE COSTS OF LITIGATION) ARISING OUT OF OR RESULTING FROM VENDOR’S WORK AND ACTIVITIES CONDUCTED IN CONNECTION WITH OR INCIDENTALS TO THIS CONTRACT AND FROM ANY LIABLITY ARISING OUT OF OR RESULTING FROM INTENTIONAL ACTS OR NEGLIGENCE OF THE VENDOR, INCLUDING ALL SUCH CAUSES OF ACTION BASED UPON COMMON, CONSITUTIONAL, OR STATUTORY LAW, OR BASED IN WHOLE OR IN PART UPON THE NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF VENDOR, INCLUDING BUT NOT LIMITED TO ITS OFFICER, AGNETS, EMPLOYEES, SUBVENDORS, LICENSES, INVITEES, AND OTHER PERSONS. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO, BOTH THE CITY AND THE VENDOR, THAT THE INDEMNITY PROVIDED FOR IN THE CONTRACT INDEMNIFIES AND PROTECT THE CITY

FROM THE CONSEQUENCES TO THE FULLEST EXTENT OF THE LAW.

INTERLOCAL COOPERATIVE

Other governmental entities within the State of Texas may be extended the opportunity to purchase off of this solicitation, with the consent and agreement of the successful vendor(s) and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in the vendor's response. However, all parties indicate their understanding and all parties hereby expressly agree that the City is not an agent of, partner to or representative of those outside agencies or entities and the City is not obligated or liable for any action or debts that may arise out of such independently, negotiated “piggyback” procurements.

LATE SUBMISSIONS

Solicitations received after the submission deadline will be considered void and unacceptable. The City is not responsible for lateness or non-delivery of mail, carrier, delivery etc., and the date/time stamp. Late solicitations will remain unopened and returned to the address on the outside of the envelope.

LAWS

This agreement will be governed and construed by Federal, state, local laws, City policies, and City Charter. Information in the record is deemed public record in accordance with the Texas Public Information Act. This agreement is performable in the City of Huntsville, Huntsville, Texas. Each party consents to the exclusive jurisdiction of the state courts having jurisdiction in the City of Walker, Texas. This Contract will be governed by and interpreted in accordance with the laws of the State of Texas, without regard to conflict of laws principles

NOTIFICATION

The City uses multiple channels for the notification and dissemination of all solicitations. The City accepts no responsibility for the lack of notification or receipt of a solicitation to any and all potential Vendors.

PAYMENT

An invoice shall be submitted with the following information:

● Name and address of vendor

● Name and address of receiving Department

● City of Huntsville Purchase Order number

● Description of services rendered

Payment shall not be processed until service has been rendered and a completed invoice is received by the City’s Finance Department. All payments will be made by check Net 30 days from when the correct invoice(s) are received by the City, in accordance with the State of Texas Prompt Payment Act, Article 601lf V.T.C.S. Invoices can be submitted by email to:

accountspayable@huntsvilletx.gov, Mailed or hand delivered to: 1212 Ave. M Huntsville, TX 773. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, will be returned to the respondent for correction. Under term contracts, when multiple deliveries and/or services are required, the vendor may invoice following each delivery, day, or job and the City will pay on invoice. Prior to any and all payments made for good and/or services provided under this contract, mailto:accountspayable@huntsvilletx.gov the Vendor should provide his Taxpayer Identification Number or social security number as applicable (W9). This information must be on file with the City’s Finance Department. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Services. The City requests credit for any errors. Invoices will not be short paid. Should your remittance addresses change during this contract, it will be up to the Vendor to notify the City’s Finance Department of this change accountspayable@huntsvilletx.gov.

RECORD RETENTION

Any and all writings, documents, or information in whatsoever form or character produced by vendor pursuant to the provisions of these terms is the exclusive property of the City; and no such writing, document or information shall be the subject to any copyright or proprietary claim by Vendor.

REIMBURSEMENTS

There is no expressed or implied obligation for the City to reimburse responding Vendors for any expenses incurred in preparing a solicitations response, nor will the City pay any subsequent costs associated with the provision of any additional information or presentation, or to procure a contract for these services.

SILENCE OF SPECIFICATION

The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

CRITICAL INFRASTRUCTURE VERIFICATION FORM

To the extent this solicitation relates to critical infrastructure in the State of Texas, the undersigned representative do hereby declare, represent, and verify that the Vendor 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 TLGC Section 2274.0103 as amended (“designated country”); or

● a Vendor 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

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

The foregoing representation is made solely to comply with TLGC Chapter 2274 of the, 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.

ENTERGY VENDOR BOYCOTTS

To the extent this solicitation relates to, the undersigned do hereby declare, represent, and verify that the Vendor, under the provisions of TGC Chapter 2274, as amended does not boycott energy companies currently; and will not boycott energy companies during the term of the contract, if the Vendor has more than 10 employees, the contract is more than $100,000 wholly, or not a proprietor.

FIREARM VERIFICATION

To the extent this solicitation relates to, the undersigned, do hereby declare, represent, and verify that the Vendor, under the provisions of TGC Chapter 2274, as amended does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association if the Vendor has more than 10 employees, the contract is more than $100,000 wholly, or not a proprietor.

FOREIGN TERRORIST VERIFICATION

To the extent this solicitation relates to, the undersigned, do hereby declare, represent, and verify that the Vendor, under the provisions of TGC Chapter 2252, as amended will not do business with Iran, Sudan, or any foreign terrorist organization; and will not do business with Iran, Sudan, or any foreign terrorist organization during the term of the contract.

mailto:payables@huntsvilletx.gov

ISRAEL VERIFICATION

To the extent this solicitation relates to, the undersigned do hereby declare, represent, and verify that the Vendor, under the provisions of TGC Chapter 2271, as amended does not boycott Israel currently; and will not boycott Israel during the term of the contract if the Vendor has more than 10 employees, the contract is more than $100,000 wholly, or not a proprietor.

TAX EXEMPTION

The City is exempt from Federal Excise, State and Local Sales and Transportation Taxes. Tax must not be included in solicitation. The City upon request will execute a Tax Exemption Certificate.

SPECIAL TERMS & CONDITIONS

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 proximity of the Vendor and ability to perform the contract, delivery date, Vendor reputation, quality of goods or services, past performance under contracts with the City, and the compliance with City ordinances.

It is understood that the City reserves the right to reject any or all products, services and/or qualifications for any or all products and/or services covered in this solicitation and to waive informalities or defects or to accept such qualifications as it shall deem to be in the best interests of the City. The City may reject a solicitation for any omission of requested forms. If fewer than three responses are received, the City reserves the right to extend the opening date as it deems to be in the best interest of the City. The City has the sole last and final determination to determine the award.

WRITTEN MODIFICATIONS

Solicitation responses may not be altered or amended after the submission deadline without a valid justification and written approval from the Purchasing Department. Any interlineation, alteration, or erasure made prior to the opening must be initiated by the authorized signer to certify its authenticity.

CHANGE ORDERS

All change order requests must be submitted in writing to the Purchasing Department and may require approval of the City Council.

SAFETY STANDARDS & ACCIDENT PREVENTION

With respect to all work performed under this solicitation, the Vendor shall:

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

● 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.

DISCLOSURE REQUIREMENT

TLGC Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City, including affiliations and business and financial relationships such persons may have with the City officers or officials.

To the extent there is a conflict between these terms and conditions and the agreement entered into between the City and the selected Vendor these terms and conditions control.

FEDERAL GRANT PROCUREMENT TERMS

The City of Huntsville follows the procurement standards outlined in 2 CFR §§200.317 – 200.327 and Appendix II to Part 200 for all procurement actions funded in whole or in part with Federal grant funds including procurement for professional services as applicable herein. The City makes every effort to adhere to these requirements and updates its internal policies and procedures as Federal regulations change. Because Federal programs vary in scope and applicability, the entirety of 2 CFR §§200.317 – 200.327 may not apply to every procurement situation or funding source. These terms reflect the current regulatory language and requirements in effect at the time of adoption of these policies and procedures. Where Federal guidance is revised or superseded, the City will follow the most current applicable regulations.

2 CFR §200.317 Non Federal Entity

As a municipal government, the City of Huntsville is considered a non-Federal entity under 2 CFR Part 200 and is therefore required to follow the procurement standards in §§200.318-200.327 for all procurements funded in whole or in part with Federal grant funds. The State-specific provisions in §200.317 do not apply to the City.

2 CFR §200.318 General Procurement Standards

The City of Huntsville follows the general procurement standards for all procurements funded as a whole or in part with Federal grant funds. The City maintains documented procurement procedures that are consistent with Federal, State, local laws, and the City’s Purchasing Policy. These procedures must be followed by all departments when acquiring goods and services using Federal funds. Departments are responsible for providing adequate oversight of Vendors to ensure performance in accordance with terms, conditions, and specifications of their contracts, agreements or purchase orders. This oversight requirement applies through the life of the contract and is a core component of Federal grant compliance.2 CFR §200.318(b)

The Purchasing Department and the Grant Manager are available to provide guidance and assistance to departments on contract monitoring, documentation, and compliance requirements whenever needed. This policy establishes the City’s standards of conduct for individuals involved in federally funded procurement activities. These standards apply to City Council Members, the City Manager, Assistant City Managers, Department Directors, managers, supervisors, employees, and any agents or representatives acting on behalf of the City in the selection, award, or administration of federally funded contracts.

Individuals subject to these standards may not participate in a procurement if they have a real or apparent conflict of interest.

A conflict exists when an individual, a member of their immediate family, their partner, or an organization employing or seeking to employ any of these parties has a financial or personal interest in a Vendor competing for a contract.2 CFR §200.318(c) (1) & (c) (2)

These individuals may not solicit or accept gifts, gratuities, or favors from Vendors or subVendors, except for unsolicited items of nominal value, defined for these purposes as $25 or less. Violations of these standards may result in disciplinary action consistent with City personnel policies. Because the City does not have parent, subsidiary, or affiliated entities, organizational conflicts of interest are not anticipated; however, if such a situation were ever to arise, the City will develop appropriate written standards to ensure impartiality in the procurement process. 2 CFR §200.318(c)(2)

Departments must avoid acquiring unnecessary or duplicative items and should evaluate opportunities to consolidate or separate procurements when doing so may result in more economic outcomes. When appropriate, departments should conduct lease-versus-purchase analysis or other cost-effectiveness evaluations to determine the most economical approach 2 CFR §200.318(d)

To promote efficiency and cost savings, the City is encouraged to use intergovernmental agreements, cooperative purchasing contracts, and other shared-service arrangements when appropriate. These practices must still comply with all applicable Federal competition requirements. Departments are also encouraged to use Federal excess or surplus property when feasible and cost-effective instead of purchasing new equipment. .2 CFR §200.318(e) & (f)

For construction projects of sufficient size or complexity, the City may include value engineering provisions designed to identify opportunities for cost reductions while maintaining essential functionality. 2 CFR §200.318(g) Contracts funded with Federal grant dollars will be awarded only to responsible Vendors that demonstrate integrity, compliance with public policy, satisfactory performance history, and adequate financial and technical resources. The City will also comply with Federal suspension and debarment requirements found in 2 CFR §200.214. 2 CFR §200.318(h)and §200.214

The City will maintain procurement records that document the history of each procurement action. These records must identify the method of procurement used, the rationale for selecting that method, the basis for Vendor selection or rejection, the contract type chosen, and the basis for the contract price. Records must be sufficient to meet Federal audit and monitoring standards.2 CFR §200.318(i)

Time-and-materials contracts may be used only when no other contract type is suitable and only when the contract contains a not-to-exceed price that the Vendor may not exceed at its own risk. Departments using this type of contract must exercise a higher degree of oversight to ensure efficient performance and appropriate cost controls. 2 CFR §200.318(j) Before execution, any time-and-materials contract to be charged to a Federal award must be reviewed and approved by the City Attorney’s Office and, when required by the terms of the Federal program, by the Federal awarding agency or pass-through entity.

§200.319 Competition

All procurements conducted by the City of Huntsville using Federal grant funds must be carried out in a manner that provides full and open competition, consistent with the requirements of 2 CFR §200.319 and §200.320. Ensuring open competition is not only a Federal requirement, it helps the City obtain the vest value and maintain public trust in the integrity of its purchasing process.

To support objective Vendor performance and avoid unfair competitive advantage, the City will not allow a Vendor that prepares or assists in preparing specifications, statements of work, requirements, or solicitation documents to compete for the same procurement In practice, this means…