HomeMy WebLinkAbout3/8/2021 - City Council - Agenda -RegularSalem City Council
Work Session Agenda
Monday, March 8, 2021
Arena
Salem Civic Center
1001 Roanoke Boulevard, Salem
5:30 p.m.
I. Call to Order
II. Roll Call
III. Discussion Items
a. Moyer Sports Complex Design Presentation - John Shaner,
Director of Parks and Recreation and Aaron St. Pierre, Lose
Design
b. Other Items
IV. Adjournment
City Council Meeting
AGENDA
Monday, March 8, 2021, 6:30 PM
Community Room, Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia 24153
1.Call to Order
2.Pledge of Allegiance
3.Bid Openings, Awards, Recognitions
4.Consent Agenda
A.Citizen Comments
Comments from the public, limited to five minutes, on matters not on the regular meeting agenda.
The following have signed up to speak at this meeting:
1) John Breen, 142 Bogey Lane, Salem.
2) Kim O'Conner, 46 Upland Drive, Salem.
B.Minutes
Consider the acceptance of the minutes for the February 22, 2021 work session and regular
meeting.
5.Old Business
6.New Business
A.Taxicabs
Hold public hearing in accordance with Section 98-94 of THE CODE OF THE CITY OF
SALEM, VIRGINIA, and consider issuance of Certificates of Public Convenience and Necessity
for the next twelve (12) months, beginning April 1, 2021. (Date set for public hearing at February 8,
2021 meeting. Advertised in the February 25, 2021 issue of the Salem Times Register.)
B.The Fahrenheit Group, LLC
Consider request authorizing the City Manager to finalize and execute a contract for Economic
Development consulting services between The Fahrenheit Group, LLC and the City of Salem.
7.Closed Session
A.Closed Session
Hold a closed session pursuant to Section 2.2-3711A(1) of the 1950 Code of Virginia, as
amended, to discuss a personnel matter pertaining to the City Manager's annual evaluation.
8.Adjournment
Audit-Finance Committee Meeting is cancelled.
Work Session, 5:30 p.m., Arena, Salem Civic Center
Item 6B
3-08-21
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM,
VIRGINIA HELD AT THE CIVIC CENTER
MEETING DATE: March 8, 2021
AGENDA ITEM: Request authorizing the City Manager to finalize and execute
a contract for Economic Development consulting services with
The Fahrenheit Group, LLC.
SUBMITTED BY: Jay Taliaferro, City Manager
SUMMARY OF INFORMATION:
The City’s Purchasing office issued a Request for Proposals (RFP) in January of 2021 for
Economic Development Consulting Services. The Fahrenheit Group, LLC was selected
through this formal procurement process. The services incorporated in the attached draft
contract includes a scope of defined core objectives to be provided over a several month
period. Additionally, the draft contract encompasses the City’s ability to utilize the firm
selected for other related as-needed services during the initial one-year agreement period
and up to two additional one-year extensions upon mutual agreement.
FISCAL IMPACT:
The City will be billed for work completed based on the defined hourly rates for the staff
assigned to provide core services related to the project. Travel and other reimbursable
expenditure provisions are included in the draft agreement. Billable hours and
reimbursable expenditures cannot exceed $106,000 without written authorization from
the City.
Funding for this project would be utilized from the contingency fund balance.
STAFF RECOMMENDATION:
Staff recommends approval authorizing the City Manager to finalize and execute a
contract with The Fahrenheit Group, LLC.
Page 1 of 2
CITY OF SALEM, VIRGINIA
STANDARD CONTRACT # 2021-016
THE FAHRENHEIT GROUP, LLC
ECONOMIC DEVELOPMENT CONSULTING SERVICES
This Contract entered into this 3rd day of March 2021, by The Fahrenheit Group, LLC hereinafter called
the “Contractor”, “Seller” and/or “Successful Bidder” and the City of Salem, Virginia, hereinafter called the
“City” and/or “Owner”.
WITNESSETH that the Contractor and the City, in consideration of mutual covenants, promises and
agreements herein contained, agree as follows:
SCOPE OF SERVICES: The Contractor will provide economic development consulting and professional
services, in accordance with Request for Proposals (RFP) # 2021-016, and as set forth in the Contract
Documents.
CONTRACT PERIOD: The term of this Contract will be from March 15, 2021 through March 14, 2022. The
City initially expects the period for core service to last for 3 to 5 months, not to exceed 5 months. This
can be amended upon mutual agreement. As-needed services beyond the core services period (ex. City
ED Strategic Plan) to be available through the contract for one year. These additional services may be
extended annually for up to two additional years.
The Contract shall be subject to termination for cause or convenience by the City, without penalty, with
written notice thirty (30) days prior to effective date. Any Contract termination notice shall not relieve the
Consultant of the obligation to deliver and/or perform on all outstanding tasks issued prior to the effective
date of termination.
COMPENSATION AND METHOD OF PAYMENT: The Contractor shall be paid in accordance with the Contract
Documents.
Page 2 of 2
CONTRACT DOCUMENTS: The Contract consists of the following documents, all of which are incorporated
herein.
1. STANDARD CONTRACT # 2021-016 dated March 3, 2021
2. ATTACHMENT A FEE STRUCTURE AND ADDITIONAL CONTRACT ITEMS
3. REQUEST FOR PROPOSALS (RFP) # 2021-016 dated January 17, 2021
4. CITY OF SALEM GENERAL TERMS AND CONDITIONS
5. SPECIFICATIONS AND THE CONTRACTOR’S PROPOSAL SUBMITTAL dated January 29, 2021 and any
modification thereof
IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed intending to be bound
thereby.
THE FAHRENHEIT GROUP, LLC.: CITY OF SALEM, VIRGINIA:
BY: BY:
TITLE: TITLE:
SIGNATURE: SIGNATURE:
DATE: DATE:
ATTACHMENT A
CONTRACT #2021-016
FEE STRUCTURE AND ADDITIONAL CONTRACT ITEMS
Fahrenheit Advisors will bill on a time and materials basis for work performed utilizing the following fee
structure:
Greg Wingfield will function as the project lead and Aubrey El will perform the bulk of the scope
execution under Greg’s guidance and direction.
The weekly anticipated commitment of staffing to achieve the basic scope of services is:
Resource Hours per week Hourly Rate Weekly Cost
Greg Wingfield Up to 10 $250 $2500 (assuming 10 hours)
Aubrey El 20 $140 $2,800
The contract period for the completion of the basic services is anticipated to be 16 to 20 weeks. This
contract authorizes a not to exceed amount of $106,000 for work performed at the above billable rates
and for associated reimbursable expenditures. Expenditures above this amount require advanced,
written authorization from the City.
The contract includes options for additional services including Economic Development Strategic Plan
consulting and other as-needed Economic Development services. Formal executive search services for
the Economic Development Department Director are available as an additional service or may be
procured through an existing Commonwealth of Virginia Department of Human Resource Management
contract with Fahrenheit Advisors. Additional services require the written authorization of the City.
Reimbursable expenses include:
-Mileage charges to be billed on actual miles commuted to the client site at the current IRS rate.
-Travel time (Richmond to Salem) will be billed at 50% of the stated rates.
-Travel expenses for overnight or out-of-region travel will be billable at cost with no markup and
conform to the City of Salem’s per diem rates.
-Costs for tools, experts, or third-party resources approved for use by the City in the
performance of the scope will be billed directly to the City or can be included as a cost plus 5%
reimbursement in Fahrenheit’s billing.
Hourly rates will be escalated by 3% annually for any annual renewal periods allowed per the contract.
Staff rates for additional services are dependent on the resources warranted for the scope of work. The
table below provides the ranges for all position categories. Fahrenheit will provide the specific rates for
proposed staffing related to the needs for each additional service project if applicable.
Additional Services Hourly Rate Ranges by Position
Position Hourly Rate Low Hourly Rate High
Managing Director $250 $350
Senior Director $210 $270
Director $130 $225
Senior Consultant $100 $140
Consultant $80 $110
RFP# 2021-016 Economic Development Consulting Services 1
CITY OF SALEM
Purchasing Department
114 N Broad St, Salem, Virginia 24153
Phone: 540-375-3063 Fax540-375-4057
Email: klsutphin@salemva.gov
REQUEST FOR PROPOSALS # 2021-016
Economic Development Consulting Services
DATE OF THIS REQUEST: January 17, 2021
DESCRIPTION: Economic Development Consulting Services
PROPOSAL DEADLINE: Friday, January 29, 2021
SUBMISSION:
Three (3) copies of the proposal and one (1) original (clearly marked “ORIGINAL”) shall be submitted in
a sealed container. The face of the container shall be clearly marked in the lower left corner as follows:
RFP#: 2021-016
RFP FOR: Economic Development Consulting Services
DUE: Friday, January 29, 2021 at 3:00pm LPT
Proposal must be submitted to:
Kari Sutphin, Buyer
114 N. Broad St
Salem, VA 24153
Proposals must be submitted by the date and time stated above or they will remain unopened. No allowance
will be made for postmark or error in delivery to incorrect address. It is the sole responsibility of the offeror
to ensure timely and correct delivery of proposal to the Purchasing Department, 114 N Broad St, Salem,
VA 24153.
IMPORTANT – PLEASE NOTE:
Not all overnight delivery services guarantee timely next day delivery to this location. Please check with
the service you use.
RFP# 2021-016 Economic Development Consulting Services 2
For information relating to this RFP, contact:
Kari Sutphin, Buyer
Ph: 540-375-3063
Fax: 540-375-4057
klsutphin@salemva.gov
Obligation of Offeror: By submitting a proposal, Offeror covenants and agrees that it is satisfied,
from its own investigation of conditions to be met, that it fully understands the obligation and that
it will not make any claim for or have right to cancellation or relief from the resulting contract,
because of any misunderstanding or lack of information.
Offeror further agrees that conditions herein have been carefully read and this proposal is
submitted subject to all requirements stated herein. The undersigned hereby acknowledges and
agrees, if this proposal is accepted, to furnish all services agreed upon in strict accordance with the
contract.
Name and Address of Firm: ____________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
Date: ______________________________________________________
By: ______________________________________________________
(Signature in Ink)
Name: ______________________________________________________
(Please Print)
Title: ______________________________________________________
(Please Print)
FEI/FIN NO. _________________________________________________
State Corporation Commission (SCC) NO._________________________
Phone: (_____) _______________________________________________
Fax: (_____) _______________________________________________
Email: ______________________________________________________
RFP# 2021-016 Economic Development Consulting Services 3
ACKNOWLEDGE RECEIPT OF:
Addendum 1_________
Addendum 2_________
Addendum 3_________
SUBMIT WITH PROPOSAL
________Certification of Non-Collusion (Attachment A – page 12)
________ W-9 Form
PURPOSE
The City of Salem is seeking sealed proposals from qualified offerors for economic development
consulting and professional services. The City of Salem (hereinafter referred to as the “City”)
requires economic development consulting and professional services to assist with a variety of
needs. The consultant will report directly to the City Manager’s Office.
The general scope of services is outlined below. The City currently anticipates the duration of
these core services to last from three to six months. However, the resulting contract anticipates
inclusion of additional as-needed services related to a formal Economic Development Strategic
Plan or other economic development consulting needs as identified by the City for up to a one-
year period initial contract period.
For the purpose of assisting potential offerors in their consideration of providing a proposal, the
City’s current preference is for a single, dedicated individual that will perform the scope of services
outlined on a part-time or full-time basis during the core services period. The level of on-site vs.
potentially remote services by this individual is negotiable. Certain milestones, projects, or
meetings may warrant in-person participation. The offeror may choose to supplement core
services with other remote staffing or resources as they deem appropriate and as agreed upon with
the City.
Note that the City recognizes and adheres to employer/employee requirements from the Governor
of the Commonwealth of Virginia, Virginia Department of Labor and Industry, and the City’s
Infectious Disease Policy related to the COVID-19 Pandemic.
SCOPE OF SERVICES
All proposals must be made on the basis of, and either meet or exceed, the requirements contained
herein. All Offerors shall submit a proposal demonstrating their capability for rendering the
following prescribed tasks:
Basic services the offeror shall perform may include, but are not limited to, the following:
1. Assisting and supporting City Management in the administration of the
Economic Development Department,
2. Assessing the City’s current economic development efforts and providing
recommendations and strategies going forward,
3. Individual internal stakeholder interviews to include members of City
RFP# 2021-016 Economic Development Consulting Services 4
Council, members of the City’s Economic Development Authority, and City
staff,
4. Consulting for marketing, outreach, database program, and website platform
re-development for current and potential new businesses,
5. Supporting City Management with engagement of the City’s business
community and Economic Development Authority,
6. Assisting in the development of tangible internal goals and objectives,
7. Advising and assisting in the hiring and transition process for the City’s
permanent Director of Economic Development and any additional staffing
needs identified,
8. Identifying available incentives, grants, or other funding opportunities,
9. Performing market analysis and developing pro forma analyses and reports
for prospective business growth or new opportunities,
10. Providing other economic development related support, services, or projects
as needed.
The provision to incorporate optional, additional services related to potential consulting for a
formal City Economic Development Strategic Plan or other on-going consulting services is
anticipated in a contract resulting from this solicitation.
OFFEROR MINIMUM QUALIFICATIONS
Offerors must demonstrate that they have the resources and capability to provide the materials and
services as described herein. All offerors shall submit documentation with their proposals
indicating compliance with the minimum qualifications. The following criteria shall be met and
presented in the Experience/References tab of the written proposal in order to be eligible for this
contract:
1. Minimum of five (5) years of experience providing like services to localities, authorities,
or other similar entities. Experience in Virginia is preferable but not required.
2. Minimum of five (5) references and examples of similar work.
3. Licensed to do business in Virginia.
City may make such reasonable investigations as deemed proper and necessary to determine the
ability of Offeror to perform the Work and/or furnish the item(s) and Offeror shall furnish to City
all such information and data for this purpose as may be requested. City reserves the right to
inspect Offeror’s capabilities. City further reserves the right to reject any proposal if the
evidence submitted by, or investigations of, Offeror fails to satisfy City that Offeror is properly
qualified to carry out the obligations of the contract and to complete the Work and/or furnish the
items contemplated therein.
PROPOSAL FORMAT AND CONTENT
Proposals should be as concise as possible and include only necessary information, tables,
illustrations, photographs, etc. needed to adequately convey the requested information. Proposal shall
be limited to a maximum of 20 pages (front and back acceptable and are included in the page count,
excludes tabs) using no less than a 12-font size. Proposal content shall contain the following
RFP# 2021-016 Economic Development Consulting Services 5
information in a 3-ringed, tabbed binder in the order provided below:
1. Title Sheet. Furnish the information requested on the REQUEST FOR PROPOSALS
TITLE PAGE 2 of this solicitation and include it as the first page of your proposal. The
name stated on the Title Sheet must be the full legal name of the Offeror and the address
must be that of the office which will have the responsibility for the services provided.
Acknowledge all addenda, if any.
Offeror shall specify in the introductory cover sheet the section(s) containing trade
secrets or proprietary information. Redacted copies, clearly marked for proposals
containing proprietary or confidential information, shall be submitted with proposals
as a separate copy.
2. Management Approach/Methodology. Describe the consultant’s general approach to
providing service under this proposed contract. Offeror’s must state how the consultant
will meet the terms and conditions and provide the services requested herein.
3. Experience. Include a statement of the Offeror's experience in providing the services stated
in the Scope of Services, including history of the consultant, principals, and agents and
qualifications to undertake this project. Provide a comprehensive list of personnel who
would be assigned to the project and their direct relationship in coordinating proposed
services, include individual’s related experience, project team role and time commitment
of each member. If any subcontractor consultant will be used, they should be identified,
and their qualifications included in the proposal response. Include experience of key
individuals to be assigned to this contract, emphasizing their experience in working with
similar contracts. Show only experience directly related to their assigned duties under the
proposed contract. All personnel assigned must have a minimum of five (5) years
experience providing required services.
4. References. Provide a list of five clients for whom similar services have been provided
and dates when the service was provided. Include client name, email address, physical
address, telephone number, facsimile number, description of type of services performed,
and person the City may contact.
5. Project History. List current and past work assignments of similar nature that the
consultant has directly contracted to provide within the last five years with names, address,
and telephone number of references.
6. Fee. Provide proposed pricing, payment terms and structure. Please include hourly rates
for all staff throughout the contract term and proposed methodology for items such as
travel, reimbursables, etc.
7. Other Information. Please provide lead time from contract award to commencement of
services. Include other relevant information Offeror deems necessary to describe its
qualifications to provide the services or goods needed to successfully complete the Scope
of Services or which Offeror deems relevant to its selection.
RFP# 2021-016 Economic Development Consulting Services 6
Based on the information provided in this Request for Proposals, Offeror should identify all
materials and services expected from City in addition to general assistance.
REQUEST FOR PROPOSAL SCHEDULE
As a guideline, City of Salem anticipates the following timetable:
Date Activity/Event
January 17, 2021 Issue Request for Proposals
January 22, 2021 Deadline for questions is 12:00 noon
January 29, 2021 Proposals due prior to 3:00 p.m.
February 3, 2021 Evaluation of proposals completed
February 5, 2021 Notify top ranked Offerors to be interviewed
February 10, 2021 Interviews with top ranked Offerors (Offerors are asked to reserve these
dates)
February 18, 2021 Notice of Intent to Award
March 1, 2021 Contract Award
SELECTION PROCESS
City will procure this service using competitive negotiations per Virginia Public Procurement
Act §2.2-4301.
Selection and award. Selection shall be made of two (2) or more offerors deemed to be fully
qualified and best suited among those submitting proposals, on the basis of the factors involved in
the request for proposal, including price if so, stated in the request for proposal. Negotiations shall
then be conducted with each of the offerors so selected. Price shall be considered but need not be
the sole determining factor. Request for proposals for information technology goods and services
shall not require that an offeror state any exception to any liability provisions. If selected for
negotiations after the proposal is submitted, the offeror must state any exception to the liability
provisions in writing at the beginning of the negotiations. After negotiations have been conducted
with each offeror so selected, the City shall select the one (1) which, in its opinion, has made the
best proposal, and shall award the contract to that offeror. When the terms and conditions of
multiple awards are so provided in the request for proposal; awards may be made to more than one
(1) offeror. Should the City determine in writing and in its sole discretion that only one (1) offeror
is fully qualified, or that one (1) offeror is clearly more highly qualified than the others under
consideration, a contract may be negotiated and awarded to that offeror.
PROPOSAL EVALUATION CRITERIA:
The proposal review committee will be using a numerical scoring system, and the following
criteria to evaluate and rank the proposals submitted:
Criteria
1. Evidence of satisfactory performance with consultant services of similar size
and complexity referenced in the scope of services.
2. Proven experience in consulting for economic development in local
government within the past five (5) years.
RFP# 2021-016 Economic Development Consulting Services 7
3. Resumes, professional experience, and professional licensure of principal(s),
project manager(s) and other professional staff who will be working for the
Offeror in the provision of services.
4. Fee
5. The lead time from contract award to commencement of services and any
other relevant information offered or discovered during the evaluation process.
TERM OF CONTRACT
The City initially expects the period for core service to last for 3 to 6 months. This can be
amended upon mutual agreement. As-needed services beyond the core services period (ex. City
ED Strategic Plan) to be available through the contract for one year. These additional services
may be extended annually for up to two additional years. The adjustment to the fee schedule
shall not exceed the percentage increase for the previous twelve (12) months in the Consumer
Price Index, U.S. Cities average, Other Services, as adjusted, as published by the Bureau of
Labor Statistics, U.S. Department of Labor. Should this index be superseded, the Owner reserves
the right to select another appropriate index.
The Contract shall be subject to termination for cause or convenience by the City, without penalty,
with written notice thirty (30) days prior to effective date. Any Contract termination notice shall
not relieve the Consultant of the obligation to deliver and/or perform on all outstanding tasks issued
prior to the effective date of termination.
INSTRUCTIONS TO OFFERORS
Proposals must be submitted in a sealed envelope with the outside marked in the lower left-hand
corner as follows:
RFP# _2021-016
FOR: ECONOMIC DEVELOPMENT CONSULTING SERVICES
DUE: Friday, January 29, 2021 at 3:00 p.m. LPT
1. All proposals must remain valid for 90 days from opening date.
2. Proposals will be time-stamped upon receipt and kept unopened in a secure location until
opening.
3. No consideration will be given to date of postmark.
4. Except as otherwise provided, and in accordance with Virginia Code § 2.2-4342, all
proceedings, records, contracts, and other public records relating to the City’s procurement
transactions shall be open to the inspection of any citizen, or any interested person, firm,
or corporation, in accordance with the Virginia Freedom of Information Act (Virginia Code
§ 2.2-3700 et seq). Proposals shall not be available for inspection by offerors until
interviews, if scheduled, are completed. After award, all proposals become a matter of
public record and are available for inspection by the general public. Trade secrets or
proprietary information submitted by an Offeror in connection with this procurement
transaction shall not be subject to the Virginia Freedom of Information Act, but only if
RFP# 2021-016 Economic Development Consulting Services 8
Offeror (i) invokes the protections of Virginia Code § 2.2-4342 prior to or upon submission
of the data or other materials; (ii) identifies the specific data or other materials to be
protected, and (iii) states the reasons why protection is necessary. The proprietary or trade
secret material submitted must be identified by some distinct method such as highlighting
or underlining and must indicate only the specific words, figures, or paragraphs that
constitute trade secret or proprietary information. The classification of an entire proposal
document, line-item prices, and/or total proposal prices as proprietary or trade secrets is
not acceptable and will result in rejection of the proposal. Redacted copies, clearly
marked for proposals containing proprietary or confidential information, shall be
submitted with proposals.
5. City will assume no responsibility for oral instruction or interpretation. Any question
regarding the procurement solicitation shall be in writing (electronic transmission is
preferred) and directed to Kari Sutphin, Buyer. Questions must be received by
12:00pm on Friday, January 22, 2021. Questions submitted beyond the time specified
above may be left unanswered if sufficient time does not allow a response to all prospective
Offerors without causing an unacceptable delay in the process. Any material change will
be submitted to all Offerors through issuance of an addendum. Any contact with any City
representative concerning this RFP is prohibited, except as outlined above. Such unauthorized
contact may disqualify a firm from this procurement.
6. Each Offeror shall be prepared, if so, requested by City, to present evidence of its
experience, qualifications, and financial ability to carry out the terms of the Contract.
7. Proposals shall be signed by an authorized representative of Offeror. All information
requested should be submitted. Failure to submit all information requested may result in
City requiring prompt submission of missing information and/or giving a lowered
evaluation of the proposal. Proposals which are substantially incomplete or lack key
information may be rejected by City. Mandatory requirements are those required by law
or regulation or are such that they cannot be waived and are not subject to negotiation.
8. City reserves the right to reject any and all proposals and waive all informalities. In the
event City rejects all proposals, City may readvertise or make the purchase on the open
market.
9. Each Offeror shall submit a completed W-9 form with its offer. In the event of contract
award, this information is required in order to issue purchase orders and payments to the
firm. A copy of this form can be downloaded from www.irs.gov/pub/irs-pdf/fw9.pdf.
10. Any Offeror organized or authorized to transact business in Virginia pursuant to Title 13.1
or Title 50 of the Code of Virginia MUST include in its bid or proposal the identification
number issued to it by the State Corporation Commission. Any Offeror not required to be
authorized to transact business in Virginia as a foreign business entity under Title 13.1 or
Title 50 of the Code of Virginia or as otherwise required by law MUST include in its bid
or proposal a statement describing why Offeror is not required to be so authorized. Any
Offeror failing to provide the required information shall not receive an award unless a
waiver of this requirement and the administrative policies and procedures established to
implement Virginia Code § 2.2-4311.2 is granted by the City Manager. City may void any
contract with a business entity if the business entity fails to remain in compliance with the
provisions of Virginia Code § 2.2-4311.2.
11. The Successful Offeror will be required to execute the accompanying Contract. Exceptions
to proposed contractual terms and conditions, other than such terms and conditions required
RFP# 2021-016 Economic Development Consulting Services 9
by statute, regulation, ordinance, or standards developed pursuant to Virginia Code § 2.2-
1132, shall be submitted in writing with the Offeror’s proposal.
12. As used in this RFP, the terms “must,” “shall,” “should,” and “may” identify the criticality
of requirements. “Must” and “shall” identify requirements whose absence will have a
major negative impact on the suitability of the proposed solution. Items labeled as “should”
or “may” are highly desirable, although their absence will not have a large impact and
would be useful but are not necessary. The inability of Offeror to satisfy a “must” or “shall”
requirement does not automatically remove Offeror from consideration; however, it may
seriously affect the overall rating of Offeror’s proposal.
GENERAL TERMS AND CONDITIONS
1. APPLICABLE LAW. This Contract and the services provided will be governed in all
respects by the laws of Virginia, except its choice of law provisions. Venue for any
litigation arising out of this Contract will be brought in the courts of City of Salem,
Virginia. Offeror shall comply with all applicable federal, state, and local laws and
regulations.
2. APPROPRIATIONS. City shall be bound hereunder only to the extent of the funds
available or which may hereafter become available for this purpose through appropriation
by City Council.
3. CONTRACT DOCUMENTS. The Contract Documents will consist of City’s contract or
Purchase Order, Request for Proposals, all special conditions, all supplemental conditions,
any addenda to any of these documents, and the proposal submitted by Offeror. If there is
a conflict between any documents, then the order of precedence will be as listed herein.
4. COOPERATIVE PROCUREMENT. If authorized by Virginia Code § 2.2-4304, this
procurement is being conducted on behalf of and may, with Offeror’s consent, be used by
public bodies, agencies, institutions, and localities.
5. DESIGNATED PERSONNEL. Offeror may not change personnel in key positions
designated in the staffing section of its proposal without the permission of City. City will
not consent to or accept any substitutions if, in its sole discretion, to do so would increase
City’s cost or would result in the reduction of quantity or quality of the goods or services
to be provided.
6. EQUIPMENT. All equipment bids must be new, unused, of current production, and
standard to the manufacturer. Where any part or nominal appurtenances of equipment are
not described, it shall be understood that all equipment and appurtenances standard to or
recommended by the manufacturer for complete and safe use shall be included as part of
this quote.
7. ETHICS IN PUBLIC CONTRACTING. This Request for Proposals incorporates by
reference any applicable state or federal law related to ethics, conflicts of interest, or
bribery, including the Virginia Conflict of Interests Act, the Virginia Governmental Frauds
Act, and the Virginia Code. Offeror certifies that its offer is made without collusion or
RFP# 2021-016 Economic Development Consulting Services 10
fraud and that it has not offered or received any kickbacks or inducements from any other
offeror, supplier, manufacturer, or subcontractor in connection with this solicitation, and
that it has not conferred on any public employee having official responsibility for this
solicitation any payment, load, subscription, advance, deposit of money, services, or
anything of more than nominal value, present or promised, unless consideration of
substantially equal or greater value was exchanged. Offerors shall complete and submit the
attached Certification of No Collusion (Attachment A), which will constitute material
representations and warranties with respect to this Request for Proposals.
8. FAITH-BASED ORGANIZATIONS. City does not discriminate against faith-based
organizations.
9. CITY of SALEM BUSINESSES. It is the policy of City of Salem to facilitate the
establishment, preservation, and strengthening of minority-owned businesses, service-
disabled veteran-owned businesses, small businesses, women-owned businesses, and
businesses located in City of Salem, and to encourage their participation in City’s
procurement activities. These businesses are encouraged to respond to all solicitations. In
addition, City strongly encourages Offeror to actively solicit these types of businesses as
subcontractors/suppliers for projects. Offeror is asked, as part of its submission, to describe
any planned use of such businesses in fulfilling the requirement of this Request for
Proposals.
10. INSURANCE. Offeror shall, by a date to be established by City, purchase and maintain, at
its own expense, from a company(ies) authorized to do business in Virginia, insurance
policies from the following types of coverages and minimum limits of liability, protecting
from claims which may arise out of or result from Offeror’s performance of services or
provision of goods under this RFP, and also covering anyone directly or indirectly
employed by Offeror or for whose acts it may be liable, with respect to the performance
hereunder:
A. Comprehensive General Liability, including Premises and Operations, with limits of
$1,000,000 per occurrence / $2,000,000 Total Bodily Injury (including death)
$1,000,000 per occurrence / $2,000,000 Total Property Damage
B. Comprehensive Automobile Liability with limits of
$1,000,000 per occurrence / $2,000,000 Total Bodily Injury (including death)
$1,000,000 per occurrence / $2,000,000 Total Property Damage
C. Employer’s Liability for Participants not covered by workers’ compensation insurance
in an amount not less than $100,000.
Successful Offeror shall obtain and maintain such workers’ compensation coverage as may be
required pursuant to the provisions of the Virginia Code and shall require any subcontractor to do
the same. Successful Offeror shall include the provisions of this subsection within each of its
subcontracts, so as to bind each subcontractor.
A certificate of insurance shall be submitted to City upon its request and included as part of the
Contract.
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Successful Offeror shall furnish City a binder adding City as an additional insured on the
comprehensive general liability and comprehensive automobile liability policies and include the
following language: “The above-described policies shall not be canceled, modified, or amended,
or coverage reduced without the issuing company providing 30 days’ advance written notice to
City of Salem.”
Should insurance coverage by changed or canceled, Successful Offeror shall furnish a valid binder
evidencing the required insurance. Failure to deliver such binder will result in suspension of all
payments until the binder is furnished.
All insurance required shall be and remain in full force and effect for the term of the Contract.
No contract shall be binding upon City until all insurance requirements and policies, have been
timely obtained by Successful Offeror, approved as to form and sufficiency by the City Attorney,
and, if requested, filed with City.
11. INVOICES. Offeror shall provide separate invoices for each order and shipment to the
department and address on the Purchase Order. Offeror shall include the Purchase Order
number on all related invoices, delivery memoranda, bills of lading, packages, and
correspondence.
12. TAX EXEMPTION: The City of Salem and Salem City Public Schools are exempt from
State Sales Tax and Federal Excise Tax. The City of Salem Finance Department upon
request shall furnish tax Exemption Certificate. The City’s Federal Tax ID number is 54-
6001593. This tax-exempt status does not transfer to the contractor for any taxes associated
with the work under this contract. The contractor will pay all sales, consumer, use, and
other similar taxes required by the law of the place where the work is performed.
13. TRANSACTING BUSINESS IN VIRGINIA. Offeror must be authorized to transact
business in Virginia as a domestic or foreign business entity if so required by Title 13.1 or
Title 50 of the Virginia Code or as otherwise required by law. Offeror shall not allow its
existence to lapse or its certificate of authority or registration to transact business in
Virginia to be revoked or canceled at any time during the Contract Term. City may void
the Contract Documents if Offeror fails to remain in compliance with the provisions of this
section.
14. WORKPLACE PROVISIONS. During performance of the Contract, Contractor shall
abide by the following workplace provisions. If Contractor engages any subcontractor or
vendor to provide services hereunder, then Contractor shall include these provisions in
every subcontract or purchase order over $10,000:
A. Contractor shall not discriminate against any employee or applicant for employment
because of race, religion, color, sex, national origin, age, disability, or any other basis
prohibited by law relating to discrimination in employment, except where there is a
bona fide occupational qualification reasonably necessary to the normal operation of
Contractor. Contractor shall post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this
nondiscrimination clause. Also, Contractor, in all solicitations or advertisements for
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employees placed by or on behalf of Contractor, will state that it is an equal opportunity
employer.
B. Contractor shall: (i) provide a drug-free workplace for Contractor’s employees; (ii) post
in conspicuous places, available to employees and applicants for employment, a
statement notifying employees that the unlawful manufacture, sale, distribution,
dispensation, possession, or use of a controlled substance or marijuana is prohibited in
Contractor’s workplace and specifying the actions that will be taken against employees
for violations of such prohibition; and (iii) state in all solicitations or advertisements
for employees placed by or on behalf of Contractor that Contractor maintains a drug-
free workplace. For the purposes of this paragraph, “drug-free workplace” means a site
for the performance of work done in connection with the Contract awarded to
Contractor in accordance with this procurement transaction, where Contractor’s
employees are prohibited from engaging in the unlawful manufacture, sale,
distribution, dispensation, possession, or use of any controlled substance or marijuana
during the performance of the Contract.
C. Notices, advertisements, and solicitations placed in accordance with federal law, rule,
or regulation will be deemed sufficient for the purpose of meeting the requirements of
these sections.
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ATTACHMENT A
CERTIFICATION OF NO COLLUSION
The undersigned, acting on behalf of__________________________________________,
does hereby certify in connection with the procurement to which this Certification of No Collusion
is incorporated and attached that:
He/she has the authority to bind the forenamed Offeror, and that this proposal/bid is neither the
result of, or affected by, any act of collusion with another person engaged in the same line of
business or commerce: nor the result of, or affected by, any act of fraud punishable under Virginia
Code § 18.2-498.1 et seq.
By:______________________________
_________________________________
Print Name
_________________________________
Title
_________________________________
Name of Company
_________________________________
Date
ACKNOWLEDGEMENT
The foregoing Certification of No Collusion was acknowledged before me this _____ day
of , 20__, by _____________________________.
_____________________________
Notary Public My commission expires: __________________
Notary Registration Number: __________________
GENERAL TERMS AND CONDITIONS
Vendor: The general terms and conditions, which follow, apply to all purchases and are an integral part of each purchase order issued by the City of
Salem, Virginia unless otherwise specified. Vendors are expected to fully inform themselves of these terms and conditions and failure to do so will
be at the vendor’s own risk and relief cannot be secured on the plea of ignorance. Subject to the state and local laws and all rules, regulations and
limitations imposed by legislation of the federal government.
Acceptance: This purchase order constitutes Buyer’s offer to Seller upon the terms and conditions stated herein and shall become a binding contract
based on the terms and conditions set forth herein when it is accepted either by Seller’s acknowledgement or performance.
Entire Agreement: These terms and conditions, any other special conditions and specifications contained in any other documents referenced shall
constitute and represent the complete and entire agreement between the Buyer and Seller and supersede all previous communications, either
written or verbal with respect to the subject matter of this purchase order.
Changes, additions, deletion: No changes, additions, deletions or substitutions of specifications, terms and conditions, quantity, unit of issue, delivery
date, delivery charge or price will be permitted without the prior written approval of the from the Purchasing Office of the City of Salem.
Contractual Disputes: All claims that may arise under this contract shall be resolved through the procedure set forth in City of Salem’s Purchasing
Policy and Procedures Manual Section 4007.
Delivery: Delivery shall be FOB Destination. If otherwise, the exact cost to deliver shall be as shown.
Delivery Date/Time: Deliveries shall be strictly in accordance with the schedule set out or referred to on the purchase order and in exact quantities
ordered. Delivery shall be made during the working hours of Monday thru Friday 8:00 am – 3:30 pm unless otherwise specified or prior approval for
another period has been obtained.
Tax Exemption: The City of Salem and Salem City Public Schools are exempt from State Sales Tax and Federal Excise Tax. The City of Salem Finance
Department upon request shall furnish tax Exemption Certificate. The City’s Federal Tax ID number is 54-6001593. This tax exempt status does not
transfer to the contractor for any taxes associated with the work under this contract. The contractor will pay all sales, consumer, use, and other
similar taxes required by the law of the place where the work is performed.
Condition of Item: All items delivered shall be new, current model year, in first class condition, including containers suitable for shipment and storage,
unless otherwise indicated. Verbal agreements to the contrary shall not be recognized.
Substitutions: No substitutions or cancellations shall be permitted without prior written approval from the City of Salem Purchasing Department.
Antitrust: By entering into a contract, the Offeror conveys, sells, assigns, and transfers to the City all rights, title and interest in and to all causes of the
action it may now or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods
or services purchased or acquired by the City under said contract.
Indemnification: The contractor agrees to be responsible for, indemnify, defend and hold harmless the City, its officers, agents and employees from the
payment of all sums of money by reason of any claim against them arising out of any and all occurrences resulting in bodily or mental injury or property
damage that may happen to occur in connection with and during the performance of the contract, including but not limited to claims under the Workers’
Compensation Act. The contractor agrees that it will, at all times, after the completion of the work, be responsible for, indemnify, defend and hold
harmless the City, its officers, agents and employees from all liabilities resulting from bodily or mental injury or property damage directly or indirectly
arising out of the performance or nonperformance of the contractor.
License Requirements: All firms having a business location or office in the City of Salem, Virginia are required to be licensed in accordance with the
City’s Business, Professional and Occupational Licensing (BPOL) Tax Ordinance. Wholesale and retail merchants without a business location in the City
are exempt from the requirement. Questions concerning the BPOL tax should be directed to the Commissioner of the Revenue, telephone number
(540) 375-3019.
Method of Payment: Upon satisfactory delivery of the merchandise or satisfactory completion of the services all invoices and statements shall reference
the purchase order number and be submitted to: City of Salem, Finance Department, P.O. Box 869, Salem, Virginia 24153. The prices and payments shall
be full compensation for the labor, tools, equipment, transportation, overhead and all other incidentals necessary to complete the specified terms and
conditions.
Anti-Discrimination: By acceptance of the purchase order, all Offerors certify to the City that they will conform to the provisions of the Federal Civil Rights
Act of 1964, as amended, as well as the Virginia Fair Employment Act of 1975, as amended, where applicable, and Section 11-51 of the Virginia Public
Procurement Act which provides: During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against
any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona
fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The contractor, in all
solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.
2
Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting
the requirements of this section.
Drug Free Work Place: Offerors must comply with Section 2.2-4312 of the VA Public Procurement Act, Drug Free work place.
Insurance: Prior to the start of any work under the contract, the Contractor shall provide to the City, Certificate of Insurance Forms approved by the
City and maintain such insurance until the completion of all project orders issued under the contract. The minimum limits of liability shall be: Workers’
Compensation – Standard Workers Compensation Policy Broad Form Comprehensive General Liability -- $1,000,000 Combined Single Limit coverage
to include: Premises-Operations; Products/Completed Operations; Contractual; Independent Contractors; City and Contractor’s Protective; Personal
Injury (Libel, Slander, Defamation of Character, etc.); Automobile Liability - $1,000,000 Combined Single Limit.
Ethics In Public Contracting: By submitting the proposal, all Offerors certify and warrant that their proposals are made without collusion or fraud and
that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer, or subcontractor in connection with
their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment,
loan, subscription, advance, deposit of money, services or anything, present or promised, unless consideration of substantially equal or greater value is
exchanged.
Applicable Law And Courts: Any contract resulting from this solicitation shall be governed in all respects by the laws of the Commonwealth of Virginia
and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The contractor shall comply with applicable federal, state
and local laws and regulations.
Gifts By Offeror, Contractor Or Subcontractor: No Offeror, contractor or subcontractor shall confer on any public employee having official responsibility
for the procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present
or promised, unless consideration of substantially equal or greater value is exchanged.
Material Safety Data Sheets: Material Safety Data Sheets and descriptive literature shall be provided with the bid or delivery for each chemical and/or
compound offered and/or purchased.
Sellers Responsibility: Sellers shall examine the Purchase Order and shall exercise their own judgment as to the nature and total amount of all work to
be done. No plea of ignorance of conditions that exist or may later exist, or if conditions or difficulties that may be encountered in the work as a result of
failure to make the necessary examination and investigation will be accepted as an excuse for any failure or omission on the part of the Seller to fulfill in
every detail the requirements of the purchase order, or will be accepted as a basis for any claims whatsoever for extra compensation.
Default: In case of failure to deliver the reports, documents or services in accordance with the contract terms and conditions, the City, after due oral and
written notice, may procure from other sources and hold Contractor responsible for any resulting additional procurement and administrative costs. This
remedy shall be in addition to any other remedies, which the City may have.
Assignment: Neither party shall assign the Purchase Order without the prior written consent of the other party nor shall any purchase order be assigned
to any party that is debarred from doing business with or in the Commonwealth of Virginia.
Valid Purchase Order: In order for a Purchase Order of the City of Salem to be valid, it must be executed by an authorized person as defined in the Code
of the City of Salem, Virginia.
Debarment Status: By accepting Purchase Order, all Offerors certify that they are not currently barred from submitting proposals on contracts by any
agency of the Commonwealth of Virginia, nor are they an agent of any person or entity that is currently barred from submitting proposals on contracts
by any agency of the Commonwealth of Virginia.
Compliance with federal, state, and local laws and federal immigration law; required contract provisions: The City shall provide in every written contract
that the contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an
unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.