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HomeMy WebLinkAboutSecond Renewal Letter - Bid NO. 24-43 City of Huntsville Official Newspaper - SIGNED (1)1212 Avenue M • Huntsville, TX 77340-4608 • 936.291.5400 • 936.291.5409 fax • www.huntsville.tx.us Our vision for the City of Huntsville is a community that is beautiful, historic, culturally diverse, affordable, safe, and we// planned with great opportunity for our citizens. Page 1 of 9 The Huntsville Item Attn: Traci Gallin 1409 10th St. Huntsville, TX 77320 936-295-5407 Email: traci@itemonline.com Re: SECOND RENEWAL LETTER Contract: IFB Bid NO. 24-43 City of Huntsville Official Newspaper Approved by City Council on October 1, 2024, per Consent Agenda Item 1L. TERM: Term: Date of Award – September 30, 2025 1st Renewal: October 1, 2025 – September 30, 2026 2nd Renewal: October 1, 2026 – September 30, 2027 EXPIRES: September 30, 2027 PURCHASE ORDER: PO 2025-00000156 Dear Traci Gallin: The agreement for Bid NO. 24-43 City of Huntsville Official Newspaper for the City of Huntsville, TX is scheduled for the second renewal to begin October 1, 2026. This agreement is scheduled to expire on September 30, 2027. Texas Government Code, Chapter 2051.044 - Type of Newspaper Required: 1.Devotes not less than 25% of its total column lineage to general interest items: ___Yes___ 2.Published at least once each week: ___Yes_____ 3.Entered as second-class postal matter in the county where published: __Yes______4.Published regularly and continuously for at least 12 months before the governmental entity or representative publishes notice: ___Yes_____ 5.Has omitted no more than two issues in the 12-month period: ___Yes_____ Texas Government Code Chapter 2051.045 - Legal Rate Charged for Publication: 1. The legal rate for publication of a notice in a newspaper shall be the newspaper’s lowest published rate for classified advertising: ___Yes_____ Texas Government Code Chapter 2051.051 - Affidavit Requirements: 1. A newspaper that publishes a notice must submit a bill with a clipping of the published notice and a verified statement of the publisher that: •States the rate charged •Certifies that the rate charged is the newspaper’s lowest published rate for classified Advertising •Certifies the number and dates of publication Respondents agree to provide the required clipping and an affidavit with the required information for every legal advertisement: ____Yes____ Texas Government Code Chapter 2051.054(b) – Internet Publication of Notices 1. A newspaper that publishes a notice shall publish the notice on the newspaper’s Internet website at no additional cost to the City. ___Yes_____ 1212 Avenue M • Huntsville, TX 77340-4608 • 936.291.5400 • 936.291.5409 fax • www.huntsville.tx.us Our vision for the City of Huntsville is a community that is beautiful, historic, culturally diverse, affordable, safe, and we// planned with great opportunity for our citizens. Page 2 of 9 Weekday Publication Pricing Price Per Column Inch Total Cost New Cost October 1, 2026 – September 30, 2027 1 Legal Notices to Run One Weekday Only, Price Per Column Inch $12.75 2 Exhibit A (Bid Notice) One Weekday Only $12.75 $302.56 3 Exhibit B (Planning Public Hearing Notice) One Weekday Only $12.75 $141.14 4 Exhibit C (Ordinance 1) One Weekday Only $12.75 $68.09 5 Exhibit D (Public Hearing) One Weekday Only $12.75 1606.50 x 2 6 Exhibit E (Notice of General Election) One Weekday Only $12.75 $413.87 Saturday Publication Pricing Price Per Column Inch Total Cost New Cost October 1, 2026 – September 30, 2027 1 Legal Notices To Run SATURDAY Only Price Per Column Inch $12.75 2 Exhibit A (Bid Notice) SATURDAY only $12.75 $302.56 3 Exhibit B (Planning Public Hearing Notice) SATURDAY only $12.75 $141.14 4 Exhibit C (Ordinance 1) SATURDAY only $12.75 $68.09 5 Exhibit D (Public Hearing) SATURDAY only $12.75 1606.50 x 2 6 Exhibit E (Notice of General Election) SATURDAY only $12.75 $413.87 Sunday Publication Pricing No Sunday Edition New Cost October 1, 2026 – September 30, 2027 1 Legal Notices To Run SUNDAY Only Price Per Column Inch N/A N/A 2 Exhibit A (Bid Notice) SUNDAY Only N/A N/A 3 Exhibit B (Planning Public Hearing Notice) SUNDAY Only N/A N/A 4 Exhibit C (Ordinance 1) SUNDAY Only N/A N/A 5 Exhibit D (Public Hearing) SUNDAY Only N/A N/A 6 Exhibit E (Notice of General Election) SUNDAY Only N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 1212 Avenue M • Huntsville, TX 77340-4608 • 936.291.5400 • 936.291.5409 fax • www.huntsville.tx.us Our vision for the City of Huntsville is a community that is beautiful, historic, culturally diverse, affordable, safe, and we// planned with great opportunity for our citizens. Page 3 of 9 Statutory Requirements Verification October 1, 2026 – September 30, 2027 Texas Government Code, Chapter 2051.044 - Type of Newspaper Items 1 - 5 Yes Texas Government Code, Chapter 2051.045 - Legal Rate Charged for Publications Item 1 Yes Texas Government Code, Chapter 2051.051 - Affidavit Requirements Item 1 Yes Texas Government Code Chapter 2051.054(b) - Internet Publication of Notices Item 1 Yes New purchase orders will be issued with a new number that starts with 2027. These will need to be on all invoices. If you agree with the terms and conditions per the solicitation packet and the attached, please sign below and return to attention of: Purchasing Department, 1212 Avenue M Huntsville, TX 77320 by mail, fax to: 936-294-5731 or email purchasing@huntsvilletx.gov, no later than September 28, 2026. Sincerely, Lucy Gonzalez, CTCD, Procurement Manager 9/24/2026 __________________________________________ City of Huntsville Date The Huntsville Item Date 9/24/2026 1212 Avenue M • Huntsville, TX 77340-4608 • 936.291.5400 • 936.291.5409 fax • www.huntsville.tx.us Our vision for the City of Huntsville is a community that is beautiful, historic, culturally diverse, affordable, safe, and we// planned with great opportunity for our citizens. Page 4 of 9 Term & Conditions DEFINITIONS: City – City of Huntsville City Council – The elected officials of the City of Huntsville who have been given the authority to exercise such powers and jurisdiction of all City business as conferred by the City Charter, Ordinance and Laws. Contract- An agreement between the City and a vendor to furnish products over a designated period of time during which repeated purchases or a single purchase are made of the commodity (s) or service specified. Vendor – The potential or successful bidder of an Invitation for Bid or Request for Proposal. ACCEPTANCE: The City reserves the right to accept or reject any or all bids, to waive any informalities and technicalities, to accept the offer considered most advantageous in order to obtain the best value for the City in accordance with Local Government Code Chapter 252. Causes for rejection of a bid may include but shall not be limited to the bidder’s current violation of any City ordinance, the bidder’s current inability to satisfactorily perform the work or service, or the bidder’s previous failure to properly and timely perform its obligation under a contract with the City. Bidders may be disqualified and rejection may be recommended for any but not limited to the following: • Failure to use the form furnished by the City; • A bid that fails to meet the essential requirements; • A bid that does not conform to the specifications; • A bid that fails to conform to the delivery schedule or permissible alternatives; • Failure to submit a bid bond, insurance or other requested documents in conformance with the requirements; • A bid seeking to qualify the terms and conditions, or otherwise seeking to limit contractor liability, or to limit the City’s rights; • A vendor that qualifies its price in such a manner that the firm’s bid price cannot be determined; • Price quoted shall be the price in effect at the time of delivery which remains unknown at the present time. • A bid is contingent on also receiving awards on other bids currently under consideration. All bidders are hereby notified that the City shall consider all factors it believes to be relevant in selecting the offer that provides the best value for the City including but not limited to the purchase price, the proximity of the bidder as it relates to his ability to perform the contract for the City, the delivery date, the reputation of the bidder and the bidder’s goods or services, the quality of the bidder’s goods or services, the bidders past performance under contracts with the City, and the bidder’s compliance with City ordinances. The City is committed to obtaining its goods, products and services at the lowest price possible which benefit all the citizens of Huntsville. Therefore, in order to accomplish the objective/goal it is not the intention of the City to either exclude particular vendors or manufacturers nor to create restrictive situations in its request for bids and proposals. Any manufacturer’s names, trade names, brand names, catalog numbers, technical data etc. used in the specifications are there for the sole purpose of establishing and describing general performance, quality levels, type and dimensions and such references are not intended to be restrictive. Alternate bids on similar or comparable products and/or services of any manufacturer or vendor equal to the products and/or services described in the specifications are invited and will be given careful consideration provided the alternate will accomplish the same task. The City shall be the sole judge on whether the alternate product and/or service is similar to, equal to and in compliance with that specified. The decision of the City shall be final. In literal compliance in reference to standards and specifications shall mean the meeting or exceeding of all or nearly all of the said standards and specifications. If the City determines that standards and specifications are in literal compliance and not all standards and specifications have been met or exceeded, the City must base such a determination on its finding that any standards and specifications which have not been met or exceeded do not render the bidder product any less usable for the purpose for which it is intended. ADDENDA: Any interpretations, corrections or changes to an Invitation for Bid and/or Request for 1212 Avenue M • Huntsville, TX 77340-4608 • 936.291.5400 • 936.291.5409 fax • www.huntsville.tx.us Our vision for the City of Huntsville is a community that is beautiful, historic, culturally diverse, affordable, safe, and we// planned with great opportunity for our citizens. Page 5 of 9 Proposal will be made by addenda. Sole issuing authority of addenda shall be vested by the City of Huntsville’s Purchasing Department. Addenda may be posted on the City of Huntsville’s web site and may be distributed to all who are known to have received a copy of this Invitation for Bid and/or Proposal will receive written notification. The City assumes no responsibility for the bidder’s failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. The City of Huntsville’s decision to accept or reject any particular bid due to a failure to acknowledge and submit addenda shall be final. ADVERTISING: Any advertising or promotions used which the Cities award is showcased, placed in written technology or verbal communication must be expressly authorized in writing by the City. ALTERING BIDS: Bids cannot be altered or amended after the submission deadline without acceptable reason and without the approval of the procurement manager. Any interlineations, alteration, or erasure made before opening time should be initialed by the signer of the bid, guaranteeing authenticity. AMENDMENTS: Chapter 176 of the Texas Local Government Code requires a person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity to submit a Conflict of Interest Questionnaire to the appropriate records administrator of the City not later than the seventh business day after the date the person begins contract discussions or negotiations with the local governmental entity, or submits to the local governmental entity an application, response to a request for proposal or bid, correspondence, or another writing related to a potential agreement with the local governmental entity. For purposes of this bid, you may submit the completed form with your response. Each vendor is responsible for verifying they are using the most current form available from www.ethics.state.tx.us. This legislation is subject to change and each vendor should consult their own attorney regarding the current law. ASSIGNMENT: The vendor is prohibited from transferring their rights and duties nor shall the vendor sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of the City of Huntsville. All subcontractors must be approved in writing by the City prior to any work being initiated. BID AWARD: The City of Huntsville reserves the right to award bids on the lump sum or unit price basis. If the bidder desires the City to consider and all-or-none bid, it must be stated on the bid sheet (s). The City reserves the right to audit or inspect vendor’s business records not limited to financial statements, liability insurance, bonding, and worker’s compensation insurance and to request business references. All awards will be based on the best interest of the City, but not necessarily limited to, the following factors: a. Conformity to specifications; b. Purchase price, including payment discount terms; c. The reputation of the bidder and of the bidder’s goods or services; d. The quality of the bidder’s goods or services; e. The extent to which the goods or services meet the City’s needs f. The bidder’s past relationship with the City; g. Delivery terms; h. Availability of repair and maintenance parts; i. Financial condition; j. The total long-term cost to the City to acquire the bidder’s good or services; and k. Any relevant criteria specifically listed in this request for bid. BRAND NAMES: Specifications may reference name brands, make, and/or model numbers. Any reference made to brand, make, and/or model used in specifications is for descriptive purposes only. Products/materials of like quality will be considered. The City shall act as sole judge in determining equality and acceptability of products offered. CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the 1212 Avenue M • Huntsville, TX 77340-4608 • 936.291.5400 • 936.291.5409 fax • www.huntsville.tx.us Our vision for the City of Huntsville is a community that is beautiful, historic, culturally diverse, affordable, safe, and we// planned with great opportunity for our citizens. Page 6 of 9 contract will be made in writing and may require approval of the City Council. COLLUSION: Advanced disclosures of any information to any particular bidder which gives that particular bidder any advantage over any other interested bidder in advance of the award whether in response to advertising or an informal request for bids or proposals, made or permitted by a member of the governing body or an employee or representative thereof, will cause to void that particular bidders bid or proposal. Prior to an award any communication with a member of the selection committee or governing board will cause to void that particular bidders bid or proposal and the committee member or the governing board member will be rejected from the voting process for that bid or proposal. By submission of this bid or proposal bidder attests that no improper communication has occurred resulting in an advantage over any other bidder, potential bidder, or advance discloser. COMPLIANCE: This bid and vendor and/or contractor must comply with all federal, state, City and local laws 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. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Codes Annotated, Local Government Code Title 5. Subtitle C, Chapter 171. CONTRACT: This bid, when properly accepted by the City of Huntsville, shall constitute a contract equally binding between the successful bidder 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 bidder and the City without the prior written approval of the City of Huntsville. Should any change in terms be requested by the vendor after the contract has been awarded, the City reserves the right to cancel the contract and award the bid to the next responsible responsive bidder. If during the life of the contract, the successful bidder's 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. The City reserves the right to reject the bid of any bidder who is in violation of any City Ordinance. The City may, at its option, choose to negotiate a settlement of the ordinance violation as a condition of the bid award. CONTRACT TERMINATION: The City may terminate this contract at any time upon thirty (30) calendar days written notice. Upon the Service Provider’s receipt of such notice, the Service Provider shall cease work immediately. The Service Provider shall be compensated for the services satisfactorily performed prior to the termination date. If, through any cause, the Service Provider fails to fulfill its obligations under this contract, or if the Service Provider violates any part of the agreement of the contract, the City has the right to terminate this contract by giving the Service Provider five (5) calendar days written notice. The Service Provider will be compensated for the services satisfactorily performed before the termination date. Termination of the contract for cause shall be deemed as sufficient evidence and cause to remove the vendor’s name from the bidder’s list for receiving future bids. No terms or provision of the contract shall be construed to relieve the Service Provider of liability to the City for damages sustained by the City because of any breach of contract by the Service Provider. The City may withhold payments to the Service Provider until the exact amount of damages due to the City from the Service Provider is determined and paid. City reserves the right to order from another vendor in which an emergency or urgent need becomes necessary. If the City terminates the contract, the City will equitably compensate Contractor in accordance with the provisions of this contract for the services properly performed prior to the date specified in such notice following inspection and acceptance of same by the City. Contractor, will not, however, be entitled to lost or anticipated profits, special damages or consequential damages should the CITY choose to exercise it option to terminate. DELIVERY: All delivery and freight charges (FOB City of Huntsville designated location) are to be included in the bid price. The City assumes no liability of goods delivered in a damaged or 1212 Avenue M • Huntsville, TX 77340-4608 • 936.291.5400 • 936.291.5409 fax • www.huntsville.tx.us Our vision for the City of Huntsville is a community that is beautiful, historic, culturally diverse, affordable, safe, and we// planned with great opportunity for our citizens. Page 7 of 9 unacceptable condition. DISCLOSURE REQUIREMENT: Chapter 176 of the Texas Local Government Code 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. An explanation of the requirements of Chapter 176, applicable forms and a complete text of the law is available by contacting the City of Huntsville City Secretary, 1212 Ave. M Huntsville, TX 77340. By doing business or seeking to do business with the City you acknowledge that you have been notified of your sole responsibility to comply with Chapter 176 of the Texas Local Government Code. EXCEPTIONS/SUBSTITUTION S: All bids meeting the intent of this invitation to bid will be considered for award. Bidders taking exception to the specifications, or offering substitutions, shall state these exceptions in the section provided or by attachment as part of the bid. The absence of such a list shall indicate that the bidder has not taken exceptions and shall hold the bidder responsive to perform in strict accordance with the specifications of the invitation. The City of Huntsville reserves the right to accept any and all or none of the exception(s)/substitution(s) deemed to be in the best interest of the City. FIRM PRICE: Bidders must hold bid prices firm for 120 days after the bid opening date to allow the City sufficient time to award a contract. Once a contract is awarded, the successful bidder must hold bid prices firm for the duration of the contract. FORCE MAJEURE: Vendor will not be held liable for noncompliance for any reasonable delay due to Force Majeure. Force Majeure is any delay caused by acts of God and or labor strikes. FORM: Bids must be submitted on the City’s form only. Bidder shall provide with this bid/proposal response, all documentation required. Failure to provide this information may result in rejection of bid. Bidders are required to submit bids itemized and prices extended when required. Bidders must return the entire original bid document with Invitation for Bid or Request for Proposal. Vendors should not change or alter packet in any way. FUNDING: Award and funding of the bid, proposal, and contract is pending City of Huntsville City Council approval. State of Texas statutes, Local Government Code 271.903 prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that may arise past the end of the current City of Huntsville 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. INDEMNIFICATION AGREEMENT: The contractor 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, liens, suits, demands, and actions for damages, injuries to persons (including death), property damage (including loss of use), and expenses, (including court costs, attorneys’ fees and other reasonable costs of litigation) arising out of or resulting from Contractor’s work and activities conducted in connection with or incidental to this contract and from any liability arising out of or resulting from intentional acts or negligence of the Contractor, including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part upon the negligent or intentional acts or omissions of Contractor, including but not limited to its officers, agents, employees, subcontractors, licensees, invitees, and other persons. It is the express intention of the parties hereto, both the City and the Contractor, that the indemnity provided for in this Contract indemnifies and protects the City from the consequences of the City’s own negligence to the fullest extent of the law. INTERLOCAL COOPERATIVE: Other government entities within the State 1212 Avenue M • Huntsville, TX 77340-4608 • 936.291.5400 • 936.291.5409 fax • www.huntsville.tx.us Our vision for the City of Huntsville is a community that is beautiful, historic, culturally diverse, affordable, safe, and we// planned with great opportunity for our citizens. Page 8 of 9 of Texas may be extended the opportunity to purchase off of the City of Huntsville’s 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 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. ITEMS supplied under this contract shall be subject to the City's approval. Items found defective or not meeting specifications shall be picked up and replaced by the successful bidder at the next service date at no expense to the City. If an item is not picked up within reasonable time after notification, the item will become a donation to the City for disposition. LATE BIDS: Bids received after submission deadline will be considered void and unacceptable. The City of Huntsville is not responsible for lateness or non- delivery of mail, carrier, delivery etc., and the date/time stamp in the City Secretary's Office shall be the official time of receipt. Late bids will remain unopened and returned to the address on the outside of the envelope. LAWS: This agreement will be governed and construed by the State of Texas Local Government Code, City Charter, City Ordinance, and City Purchasing Policy. 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 invitations to bid and/or request for proposals. The City accepts no responsibility for the lack of notification or receipt of bid to any and all potential bidders. PAYMENT will be made upon receipt and acceptance by the City of item(s) ordered and receipt of a valid invoice, in accordance with the State of Texas Prompt Payment Act, Article 601lf V.T.C.S. All invoices must be mailed to City of Huntsville Attn: Accounts Payable 1212 Ave. M Huntsville, TX 77340. The City requests credits for any errors. Invoices will not be short paid. PRICE redetermination may be considered by City of Huntsville only at the anniversary date of the contract and shall be substantiated in writing (i.e., manufacturer's direct cost, postage rates, Railroad Commission Rates, Wage/Labor Rates, etc.) with a sixty day prior written notice. The bidder's past history of honoring contracts at the bid price will be an important consideration in the City’s evaluation of the lowest and best bid. The City of Huntsville reserves the right to accept or reject any/all of the price redetermination as it deems to be in the best interest of the City. The City reserves the right to reject price redetermination and award the bid to next responsible responsive bidder. QUANTITIES: Quantities indicated in the bid are estimated based upon the best available information. The City reserves the right to increase or decrease the quantities by any amount deemed necessary to meet its needs without any adjustments in the unit bid prices. Bids must be submitted on units of quantity specified. In the event of errors in extended prices, the unit price shall govern. Any suggested quantity to secure better prices is welcomed. When discrepancies occur between words and figures, the words shall govern. RECORD RETENTION: The awarded vendor must maintain copies of all documents relating to the contract for the length of the warranty period plus one year. Should the document be destroyed or for any reason the awarded vendor is unable to locate the contract, the warranty will be considered in force under the original terms of the contract. REIMBURSEMENTS: There is no expressed or implied obligation for the City to reimburse responding firms for any expenses incurred in preparing bids in response to the request. The City will not reimburse responding firms for these expenses, nor will the City pay any subsequent costs associated with the provision of any additional 1212 Avenue M • Huntsville, TX 77340-4608 • 936.291.5400 • 936.291.5409 fax • www.huntsville.tx.us Our vision for the City of Huntsville is a community that is beautiful, historic, culturally diverse, affordable, safe, and we// planned with great opportunity for our citizens. Page 9 of 9 information or presentation, or to procure a contract for these services. SAMPLES: When requested, samples shall be furnished free of expense to the City of Huntsville. All samples will be return when applicable. 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 TAXES: The City of Huntsville is exempt from Federal Excise, State Sales and Transportation Taxes. Tax must not be included in bid/proposal. The City upon request will execute a Tax Exemption Certificate. The City is statutorily exempt from State and Local Sales tax and a permit number is not required. WARRANTY: Successful bidder shall warrant that all items/services shall conform to the proposed specifications and/or all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. WITHDRAWAL OF BID: No bid may be withdrawn after opening time without acceptable reason in writing and with the approval of the procurement manager. 7.2016