ITB-04-2027_Portable_Toilet_Services__MAW_7.1.26_-_4935-0182-0346_1.pdf

City of Murfreesboro

INVITATION TO BID

This Invitation to Bid (“ITB”) is subject to the instructions, conditions, specifications, addenda, and any other elements of this ITB, including those incorporated by reference.

DATE ISSUED: July 14, 2026

BID TITLE: ITB-04-2027 – Portable Toilet Services

CITY CONTACT PERSON: Cathy Smith, Purchasing Director

TELEPHONE NUMBER: (615) 849-2629

E-MAIL ADDRESS: purchasing@murfreesborotn.gov

All bid responses must be received and acknowledged by the Purchasing Department on or before the day and time listed below, at which time all bids will be publicly opened and read aloud via Zoom. A link will be provided to all those registered as following this bid. All bids must be submitted electronically via OpenGov; free registration for online procurement is located at:

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

Bid must include the bid title, bid opening date, and the bidder’s name. Failure to provide this information may result in the bid not being considered.

BID OPENING DATE: August 4, 2026

BID OPENING TIME: 2:00 p.m., local time (CST)

1. INSTRUCTIONS AND CONDITIONS

1.1. Bid Submission to the City of Murfreesboro.

The City is seeking bids for “ITB-04-2027 – Portable Toilet Services” on behalf of the Murfreesboro Parks and Recreation Department (“MPRD”) as set forth in the specifications listed within this ITB.

Electronic bids will be received by the City of Murfreesboro until 2:00 p.m. local time on August 4, 2026, at which time the bids will be opened via Zoom. A Zoom link will be provided and listed on OpenGov, to all those proposers following this solicitation.

1.2. Deadline and Late Responses.

No bids received after the bid opening date and time will be accepted. Bids received by the Purchasing Department after the specified time will be considered late. The City shall not be responsible for bids that are mailed or sent via private delivery services. The City will not accept bids submitted by fax. The City will accept bids submitted electronically via our procurement portal, OpenGov.

1.3. Organization of Bid and Completeness.

Please submit one electronic copy of the bid to the Purchasing Department via the City’s e-procurement portal, OpenGov. Bidders must allow sufficient time to ensure receipt of the bid. It shall be the sole responsibility of the bidder to have completed the electronic bid form and uploaded the required documents to the City before the deadline. Partial or incomplete bids will be rejected. All bid responses should be typewritten. If not typewritten, they must be written in ink and clearly legible, and numbers must be expressed in both words and figures. Erasures, whiteouts, and other modifications should be initialed. Bidders are cautioned to verify their bid response prior to submission.

1.4. Signature.

All bids must be signed by a duly authorized officer of the company empowered with the legal right to bind the company. A typed name will not be acceptable without the person’s written signature as well. Signatures are required where indicated; failure to comply with this requirement shall be cause for rejection of the bid. All submitted bids must be binding for a period of ninety (90) calendar days from the bid submission deadline. The Signature Sheet must be uploaded to OpenGov with the bid submission.

1.5. Response to Terms and Conditions.

Unless an exception is taken, the awarded contract will contain the requirements of this Invitation to Bid. In its sole discretion, the City reserves the right to either consider or reject any bid that takes exception to the specifications or the attached contract.

1.6. Completeness of Invitation to Bid.

These documents, and those listed on OpenGov, constitute the complete set of specification requirements and ITB. The bidder is responsible for ensuring that all pages and all addenda are received. The City advises all bidders to closely examine this ITB package and immediately direct any questions regarding the completeness of this ITB package and any addenda to the City’s Contact Person via the Question/Answer tab on OpenGov. Bidders must register with OpenGov to ensure that all relevant written communications are available to them in the preparation of their proposal. Registration can be accomplished through the following website:

1.7. Bid Interpretation. Communication with the Purchasing Department.

Cathy Smith is the City’s person of contact for coordinating communications between the department and firms/vendors submitting bids. If additional information is required in order to make an interpretation of items in this ITB, written questions will be accepted until five (5) business days prior (July 28, 2026) to the bid opening date by 2:00 p.m. All questions should be submitted through the Question/Answer tab in OpenGov. All questions and all responses will be visible to every bidder.

The City specifically requests that no contact concerning this ITB be made with any other City personnel until the selection process has been completed. Failure to honor this requirement will be viewed negatively in the award process and may result in the disqualification of a bid.

1.8. Discrepancies, Errors, and Omissions.

Any discrepancies, errors, omissions, or ambiguities in this ITB, the specifications, or addenda (if any) should be reported to the contact person for the City. If necessary, a written addendum will be issued to firms/vendors on record, and the addendum will be incorporated in the ITB and will become part of the contract. The City will NOT be responsible for any oral instructions, clarifications, or other communications, and no such oral communication may be relied on by any bidder.

The City of Murfreesboro is not responsible for technical errors or omissions made by prospective bidders during the bid submission process that may result in a bid not being submitted, being submitted incompletely, or being submitted incorrectly. In the case of technical issues that are verified to be a City error, the Purchasing Department will take reasonable steps to resolve the issue so that the process remains fair to all bidders.

1.9. Errors.

Certain mistakes may be corrected so long as the intended correct bid response is clearly evident.

In the event of a disagreement between the unit price and the extended price, the unit price will control.

1.10. Further Negotiation.

The City reserves the right to further negotiate contract terms after the ITBs are opened, with any potential firm/vendor if such is deemed necessary at the discretion of the City.

1.11. Economy of Preparation.

The Bid should be prepared simply and economically, providing a straightforward, concise description of the bidder’s capabilities to satisfy the requirements of the ITB. Emphasis should be on completeness and clarity of content.

1.12. Subcontracting.

If any part of the work is, or is to be subcontracted, the bidder shall provide within the Bid a description of the subcontracting organization and the contractual arrangements made therewith.

All subcontractors will be subject to approval by the City. The successful bidder will also furnish the corporate or company name and the names of the officers or principals of said companies proposed as subcontractors by the bidder.

1.13. Bid Registration and Modification.

Bidders must register with OpenGov to ensure that all relevant written communications are available to them in the preparation of their proposal. Registration can be accomplished through the website: https://procurement.opengov.com/portal/murfreesborotn. Bids may be modified, withdrawn, and/or resubmitted in writing to the City prior to the deadline for bid submission via the e-procurement portal. After this deadline, no withdrawals or resubmissions may be made for any reason.

1.14. Tax Exempt.

The City is exempt from federal and state taxes. Upon request, the City will provide a sales tax exemption certificate to the awarded firm. Contractors doing business with the City shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations to the City, nor shall any vendor be authorized to use the City’s Tax Exemption Number in securing such materials.

1.15. Contract Term.

If an award is made, any contract resulting from this ITB will be effective on the date the contract is signed. The contract shall not be effective until approved by the City and signed by all required parties. The contract period shall be for a term of one (1) year from the effective date. All bid prices shall be effective until the end of the contract term. The City may terminate the contract in whole or in part if it is dissatisfied with the bidder’s product, service, or delivery, or if the bidder, without clear documentation of an increase in the cost of materials or labor costs, imposes an increase in the price of any item which the City is unwilling to accept.

1.16. Pricing Effective for One (1) Year.

The successful bidder shall provide in the bid price the cost for the goods and services rendered.

Pricing shall be effective for one (1) year from the date of bid award. If, in the bidder’s opinion, additional equipment, goods, or services are necessary, this shall be included with an explanation in the bid. It is requested that bidders raise any such questions in advance of submitting a bid to the City. To submit a bid implies consent to the terms set forth in this ITB.

1.17. Approval Required.

No award or acquisition can be made until approved by the City Council. The City will not be obligated to bidders for equipment and/or services until the completion of a signed contract approved by authorized officials of the City. This solicitation in no manner obligates the City to the eventual rental, lease, or purchase of any equipment, goods, or services described, implied, or which may be proposed, until confirmed by a written contract. Progress towards this end is solely at the discretion of the City and may be terminated at any time prior to the signing of a contract.

1.18. Terms and Conditions.

The City reserves the right to reject any and all bids, to waive any irregularities in a bid, to make awards to more than one bidder, to accept any part or all of a bid, or to accept the bid (or bids) which, in the judgment of the governing body, is in the best interest of the City. The City also reserves the right to make revisions to any quantity shown on the bid form, dependent upon bid prices and available funding. Prices bid on each item shall be firm regardless of the actual quantity of item(s) purchased. The City reserves the right to increase or decrease amounts and/or quantities at its discretion. Quantities have been provided as an approximation and may be estimates of potential purchases and are not necessarily guaranteed initial purchase quantities.

1.19. Withdrawal of Bid.

No bidder may withdraw its bid for a period of ninety (90) calendar days after the date and time set for the opening of the responses. In the event the City awards a contract to a bidder and during such ninety (90) day period determines that such bidder will be unable to properly perform under the contract, the City reserves the right to terminate the contract and award the contract to the next best offer without being required to re-advertise the project.

1.20. Cost of Response.

The City will not be liable for any costs incurred by the bidders in preparing a response to this solicitation. Bidders will submit responses at their own risk and expense. The City makes no guarantee that any equipment or services will be purchased as a result of the solicitation and reserves the right to reject any and all responses. All responses and their accompanying documentation will become the record of the City.

1.21. Contract.

The successful bidder’s response to this ITB shall be included as an addendum to the contract.

Should any conflict or discrepancy arise between the ITB and the contract, the contract shall control. All bidders who are awarded contracts pursuant to this ITB agree to be bound by the terms and conditions set forth in the sample City Contract provided at the end of this ITB. If the bidder objects to any contract terms or proposes any additional terms, such objections and terms must be set forth in the bid. Rejection of any proposed City Contract terms may be a basis for rejection of the bid.

1.22. Contract Termination.

The City reserves the right to cancel the contract for the equipment without cost or penalty to the City if, in the City’s opinion, there is a failure at any time by the contractor to adequately perform the contract, or if there is any attempt to willfully impose upon the City a material or product or workmanship which is, in the opinion of the City, of an unacceptable quality. Cancellation of the contract shall not impair any rights or claim of the City to damages for the breach of any covenants of the contract by the contractor. The contract awarded may be terminated upon any of, but not limited to, the following occurrences:

a) bankruptcy or insolvency of the bidder or one or more of the bidder’s principal owners;

b) unauthorized substitution of products other than those identified in the specifications or specifically approved by the City as a substitute prior to award of the contract;

c) unsatisfactory performance of products supplied by the bidder or services provided by the bidder;

d) fraud; and

e) any other breach of the terms of the ITB specifications or contract.

1.23. Contract Modification.

The contract may be modified only by written amendment executed by all parties and their signatories hereto.

1.24. Replacement or Repair.

No waiver of any provision of the contract shall affect the right of any party thereafter to enforce such provision or to exercise any right or remedy available to it in the event of any other default.

The City, at its option and in lieu of immediate termination, may request the awarded bidder replace or repair any defective goods or correct performance by written notice to the contractor.

In that event, the contractor shall take corrective action within the amount of time specified by the City in the written notice. Exercise of this option shall not relieve the contractor of any liability to the City for damages for the breach of any covenants of the contract by the contractor. Contractor shall provide standard manufacturer’s warranties.

1.25. Expense of Legal Action.

Awarded bidder agrees that, in the event either party deems it necessary to take legal action to enforce any provision of the contract, and in the event the City prevails, the awarded bidder shall pay all expenses of such action, including the City’s attorney fees and costs at all stages of the legal action.

1.26. Governing Laws.

The validity, construction, and effect of the contract, and any and all extensions and/or modifications thereof, shall be governed by the laws of the State of Tennessee.

1.27. Severability.

Should any provision of the contract be declared to be invalid by any court of competent jurisdiction, such provision shall be severed and shall not affect the validity of the remaining provisions of the contract. Any action between the parties arising from this agreement shall be maintained in the courts of Rutherford County, Tennessee.

1.28. Indemnification and Hold Harmless.

Contractor must indemnify, defend, and hold harmless the City, its officers, agents, and employees from any claims, penalties, damages, costs, and attorney fees (“Expenses”) arising from injuries or damages resulting from, in whole or in part, the negligent or intentional acts or omissions of contractor, its officers, employees, and/or agents, including its subcontractors or independent contractors, in connection with the performance of this Agreement, and, Expenses arising from any failure of Contractor, its officers, employees, and/or agents, including its subcontractors or independent contractors, to observe applicable laws, including, but not limited to, labor laws and minimum wage laws.

Pursuant to Tennessee Attorney General Opinion 93-01, the City will not indemnify, defend, or hold harmless in any fashion Contractor from any claims arising from any failure, regardless of any language in any attachment or other document that Contractor may provide.

1.29. Statutory Disqualification.

By submitting a response, it is represented that neither the Bidder/Contractor nor any of its officers, directors, shareholders, member, or partners has been convicted or plead guilty or nolo contender to any violation of the Sherman Anti-Trust Act, mail fraud, or other state or federal criminal violation in connection with a contract let by the City of Murfreesboro or any political subdivision of the State of Tennessee.

1.30. Contractor’s Employment Practices.

Bidder, after being first duly sworn, affirms that by its employment policy, standards, and practices, it does not subscribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal, or laying off of any individual due to the individual’s race, creed, color, national origin, age, or sex and it is not in violation of and will not violate any applicable laws concerning the employment of individuals with disabilities.

1.31. City’s Employment Practices.

It is the policy of the City not to discriminate on the basis of age, race, sex, color, national origin, or disability in its hiring and employment practices, or in admission to, access to, or operation of its programs, services, and activities. With regard to all aspects of this contract, Bidder certifies and warrants that Bidder will comply with this policy.

1.32. Non-Discrimination.

It is the policy of the City not to discriminate on the basis of age, race, sex, color, national origin, veteran status, disability, or other status or class protected under federal or state law in its hiring and employment practices, or in admission to, access to, or operation of its programs, services, and activities. With regard to all aspects of this Agreement, Contractor certifies and warrants that it will comply with this policy. No person may be excluded from participation in, be denied benefits of, be discriminated against in the admission or access to, or be discriminated against in treatment or employment in the City’s contracted programs or activities, on the grounds of handicap and/or disability, age, race, color, religion, sex, national origin, or any other classification protected by federal law or Tennessee State Constitutional or statutory law; nor may they be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of contracts with the City or in the employment practices of the City’s Contractors.

Accordingly, all proposers entering into contracts with the City may, upon request, be required to show proof of such nondiscrimination and to post in conspicuous places that are available to all employees and applicants, notices of nondiscrimination.

1.33. Conflict of Interest.

By submitting a response, it is represented that no officer, committee member, or director of the City or other persons whose duty is to vote for, let out, overlook, or in any manner supervise any work on any contract for the City has a “direct interest”, as defined by T.C.A. § 12-4-101, in the bidder or in the work which is subject to this ITB.

1.34. Ethical Standards.

Bidder understands that it shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement of a contract or subcontract or to any solicitation or bid therefore.

1.35. Breach of Ethical Standards.

A breach of ethical standards could result in civil and/or criminal sanctions and/or debarment or suspension from being a contractor or subcontractor under City contracts.

1.36. Payments.

Payments under the contract shall be made by the City after goods and services have been satisfactorily provided and accepted and properly invoiced as indicated in the contract and/or purchase order. Invoices must bear the purchase order number. If the parties agree within the contract to submit invoices and payments in installments, then each installment payment will be made upon the submittal of an invoice after the performance of the portion of the services for which each payment represents. The final payment shall not be made until after the performance is complete.

1.37. Codes & Regulation, Delivery.

All services and/or equipment must comply with City, county, state, and federal laws, rules, codes, and regulations. The bidder/contractor will obtain and pay for all permits, if any, necessary to complete the work. Bid prices shall include delivery of all items F.O.B. destination. The term

“F.O.B. destination” shall mean delivered and unloaded in-house or on-site service, with all charges for transportation and unloading prepaid by the bidder/contractor.

1.38. Iran Divestment Act of Tennessee.

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, to the best of its knowledge and belief that each bidder is not on the list created pursuant to T.C.A. § 12-12-106. Bids not conforming to this provision shall not be opened. Failure of any bidder to comply therewith shall void the bid, and such bid shall not be considered. This completed form must be uploaded to OpenGov with the bid submittal.

1.39. Non-Boycott of Israel.

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, to the best of its knowledge and belief that each supplier is not boycotting Israel pursuant to T.C.A. § 12-4-119 and will not boycott Israel during the term of the contract. This applies to contracts of $250,000 or more and to contractors with ten (10) or more employees.

1.40. Evaluation of Bid.

Any contract awarded pursuant to this ITB shall be awarded to the lowest responsive and responsible bidder whose bid response meets the requirements and criteria set forth in this ITB. A “responsive bidder” means a person who has submitted a bid response, which conforms in all material respects to the ITB. A “responsible bidder” means a person who has the capacity, reputation, and experience in all respects to fully perform the contract requirements and the integrity and reliability, which will assure good faith performance within the time specified without delay or interference. The City may make such investigations as deemed necessary to determine the ability of the bidder to provide the products and services required by the bid package. Any items proposed deemed not to be equal and/or better of comparable quality as that specified shall be cause for rejection of a bid. The City will evaluate the bid based on the lowest cost, which fully conforms to specifications, and whether the proposed costs and terms are, in the City’s judgment, consistent with current market pricing, appropriate for the services provided, and commensurate with the level of quality expected. In addition to the price, the following aspects will be considered in the award of a contract:

a) The ability of the bidder to perform the contract or to provide the material for the service required;

b) Whether the bidder can perform the contract and provide the material or service promptly or within the time specified without delay or interference;

c) The character, integrity, reputation, experience, and efficiency of the bidder;

d) The previous and existing compliance by the bidder with laws and ordinances relating to the contract and/or service;

e) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;

f) Terms and conditions stated in the bid;

g) Compliance with specifications and/or the ITB;

h) Utilization of the format set forth in this ITB for submittal of a bid; and

i) If applicable, Bidder’s past performance with the City.

The City reserves the right to award more than one bidder for this service.

1.41. Bidder’s Compliance. The City will evaluate proposals for compliance and completeness. All forms listed in OpenGov as required must be completed and uploaded with the bid. Failure to submit any of the required forms will make the bid non-responsive and therefore disqualified. The successful bidder shall provide all labor, accessories, and any other standard equipment necessary to provide the required portable toilet services.

1.42 Insurance. During the term of this bid and subsequent contract, the successful bidder must maintain comprehensive general liability insurance with limits of not less than $1,000,000, as well as automotive and workers’ compensation insurance policies. Contractor will provide to the City: (i) a standard certificate of insurance evidencing this coverage prior to commencement of work and upon renewal or expiration of the policies reflected thereupon, (ii) upon request, an endorsement naming the City as additional insured under the terms of the policy as follows: “The City of Murfreesboro, Tennessee, its officers, employees, contractors, consultants, and agents.”

2. SPECIFICATIONS

2.1. Description of Project:

The purpose of this Invitation to Bid (ITB) is to provide portable toilets and services for each of the locations listed in the table and for special events for the Department of Parks and Recreation.

2.2 General Specifications

1) The City requires a combination of Wheelchair Accessible (“WCA”) portable toilets and standard (non-ADA) portable toilets.

2) Contractor shall deliver all units clean and in good mechanical working condition, with no broken or missing parts and free of graffiti or markings.

3) Pricing shall be inclusive of all delivery, pickup, and any cleaning and pumping charges.

4) All units provided to the City must be constructed to meet all applicable state and county health regulations, and all handicapped units shall meet Wheelchair Accessible requirements. The units shall be well maintained, clean, and have a neat appearance. The City reserves the right to refuse any units not deemed acceptable in meeting this requirement.

5) Units shall be serviced once (1) every week. Restrooms shall be fully stocked. Contractor shall furnish each unit with both toilet paper and a toilet paper dispenser and restock at every scheduled service date.

6) Contractor shall provide additional units for special events upon request by the City, for up to 8 additional units. City will provide 30-day notification to Contractor.

7) Each unit shall display a record of service clearly identifying personnel performing service and date of service.

8) Each unit must have a locking mechanism installed inside the door in such a position that small children cannot lock themselves in.

9) Each unit shall come furnished with a deodorizer and hand sanitizer that will not freeze. Both shall be refilled at every scheduled service date.

10) No bright colored units will be allowed.

11) Contract shall assume all liability for the portable toilets. City will exercise a normal due diligence of care, but will not be held liable for any damage, loss, or vandalism.

12) In the event of an emergency due to damage, loss, or vandalism, the contractor shall provide replacement units, repair, or a cleanup crew within 48 hours of City notification.

13) Units which have been overturned shall be righted by the Contractor at no additional charge to the City.

14) Caution tape shall be used along with “Out of Order” signage if any units become damaged or unserviceable.

15) Prior to the initial delivery of each portable toilet, the successful bidder is responsible for coordination of the delivery and set-up with the Parks and Recreation Department.

16) The successful bidder will be required to identify which days of the week each site will be serviced. After the day of service for each location is established and agreed upon with the Parks and Recreation designee, the successful bidder must receive written authorization to change the established day on which the units are being serviced.

17) The contractor shall furnish and supply the listed items in accordance with the terms, conditions, and provisions set forth herein.

18) Contractor shall abide by all federal, state, and local laws, regulations, and ordinances regarding pickup, removal, and disposal of waste.

19) Bidders shall indicate in the bid response any total additional charges to perform emergency cleanings (outside of the weekly scheduled cleanings). Emergency cleanings would only be at the request of the City and would be outside of the normal cleaning schedule.

20) Additional locations can be added or discontinued at any time by City. City will provide 2-week notice for any location where rental and services are being discontinued.

21) Contractor shall report immediately to the City contact any equipment, hazard, or situation that may adversely affect the health, safety, or general welfare of any person.

2.2. Protection of Persons and Property:

The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to (1) all employees on the worksite and other persons who may be affected thereby, (2) all the work and all the materials and equipment to be incorporated therein, and (3) other property at the site or adjacent thereto. Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss. All damage or loss to any property caused in whole or in part by the contractor, or anyone directly or indirectly employed by the contractor, or by anyone for whose acts the contractor may be liable, shall be remedied by the Contractor.

2.3. Equipment, Tools, and Apparatus.

All equipment, tools, apparatus, and any other supplies needed to perform the services must be supplied by the Contractor. The City of Murfreesboro will not supply any equipment to the Contractor to complete the work. The Contractor is responsible for the working conditions and safety of all equipment, tools, apparatus, and other required supplies.

3.0 BID FORM

MURFREESBORO PURCHASING DEPARTMENT

BID FORM

ITB-04-2027

Portable Toilet Services

Name of Bidder:

Date:

All prices must include all costs for services required in accordance with the Specifications and general requirements. Pricing shall be effective for one (1) year from date of bid award. The City is not subject to sales tax.

Sites Address Dates # of units

Type of Units

Service plus emergency as needed

Annual Cost

1 Central Valley Disc Golf Course Hole #9

1318 Central Valley Road, Airfield entrance

Sep - Aug

1 Standard Once/week $

2 Central Valley Trailhead

1318 Central Valley Road

Sep - Aug

1 Wheelchair Accessible

Once/week $

3 Barfield Park Mountain Bike

202 Hemlock Drive

Sep - Aug

1 Standard Once/week $

4 Walter Hill 5430 Lebanon Highway

Sep - Aug

1 Standard Once/week $

5 Boro Beach 2310 Memorial Blvd.

Sep - Aug

1 Standard Once/week $

6 Boro Beach 2310 Memorial Blvd.

Sep - Aug

1 Wheelchair Accessible

Once/week $

7 Old Fort Skate Park 1025 Old Fort Parkway

Sep - Aug

1 Standard Once/week $

8 Thompson Lane Trailhead

2240 N Thompson Lane

Sep - Aug

1 Wheelchair Accessible

Once/week $

9 Southridge 3021 Southridge Boulevard

Sep - Aug

1 Wheelchair Accessible

Once/week $

10 Manson Pike 1208 Searcy Street

Sep - Aug

1 Wheelchair Accessible

Once/week $

11 250 Hemlock 250 Hemlock Sep - Aug

1 Wheelchair Accessible

Once/week $

12 Old Fort Ballfield 1012 Golf Lane Sep - Aug

1 Standard Once/week $

13 Old Fort Ballfield 1012 Golf Lane Sep - Aug

1 Wheelchair Accessible

Once/week $

TOTAL COST PER YEAR $

Alternate: Unit Price for additional locations and special events Standard Wheelchair Accessible

SERVICE AGREEMENT BETWEEN

CITY OF MURFREESBORO AND _____________

FOR PORTABLE TOILET SERVICES

This Service Agreement (this “Agreement”) is entered into and effective as of the _____________________ 2026 (“Effective Date”), by and between the City of Murfreesboro, a municipal corporation of the State of Tennessee (the “City”), and __________________________, a corporation organized of the laws of the State of ________(“Contractor”) (City and Contractor are each a “Party” and sometimes collectively referred to as the “Parties”) for the goods and services agreed upon herein.

This Agreement consists of the following documents:

• This Agreement document;

• ITB-04-2027 Portable Toilet Services for Parks and Recreation Locations, issued _________ (the

“Solicitation”);

• Contractor’s Bid Proposal, dated ___________ (“Contractor’s Proposal”); and

• Any properly executed amendments to this Agreement.

In the event of conflicting provisions, all documents will be construed according to the following priorities:

• First, any properly executed amendment or change order to this Agreement (most recent amendment or change order given first priority);

• Second, this Agreement;

• Third, the Solicitation; and

• Lastly, Contractor’s Proposal.

1. Duties and Responsibilities of Contractor. Contractor is engaged by the City to provide the equipment, machinery, materials, and other items (“Goods”) and labor (“Services”) necessary to provide Portable Toilet Services as set forth in the ITB-04-2027, Bid Specifications, and Contractor’s Proposal.

2. Term. The term of this Agreement commences on the Effective Date and expires one (1) year from the Effective Date (the “Initial Term”). This Agreement includes the option of two additional one (1) year renewal terms for the services agreed to herein. At least thirty (30) days prior to the expiration of the Initial Term of this Agreement, the Parties may elect to renew this Agreement for one (1) year (“Renewal Term”) by written mutual agreement of the Parties. This Agreement may be terminated prior to the expiration of any term, in whole or in part, as follows:

a. Upon 30-day prior notice, for the convenience of the City.

b. For the convenience of Contractor, provided that Contractor notifies the City in writing of its intent to terminate under this paragraph at least 30 days prior to the effective date of the termination.

c. For cause, by either Party where the other party fails in any material way to perform its obligations under this Agreement. Termination under this subsection is subject to the condition that the terminating Party notifies the other Party of its intent to terminate, stating with reasonable specificity the grounds therefore, and the other Party fails to remedy the problem within 15 days after receiving the notice.

d. Should Contractor fail to fulfill in a timely and proper manner its obligations under this Agreement or if it should violate any of the terms of this Agreement, the City has the right to immediately terminate the Contract. Such termination does not relieve Contractor of any liability to the City for damages sustained by virtue of any breach by Contractor.

e. Should the appropriation for Contractor’s work be withdrawn or modified, the City has the right to terminate the Contract immediately upon written notice to Contractor.

3. Price; Compensation; Method of Payment. Contractor will be compensated upon the delivery and acceptance of the Goods and Services specified in Contractor’s bid submitted in response to ITB-04- 2027, which reflects a total price of _________________ per year.

Any compensation due Contractor under the Agreement shall be made upon submittal of an invoice after performance of the portion of the services which each payment represents. Additional service locations and events will be invoiced separately as provided in Exhibit A. Any compensation due Contractor under the Contract shall be made upon submittal of an invoice after performance of the portion of the services which each payment represents.

The City agrees to pay Contractor after services have been received, accepted, and properly invoiced as indicated in the Contract and/or purchase order. Once Contractor has submitted a monthly invoice, the City will issue payment within thirty (30) days from submittal. The final payment shall be made only after Contractor has completely performed its duties under this Agreement and the work has been accepted by the City, and all work has been approved by Thomas Laird, Assistant Director of Parks and Recreation Department, or City designee. Invoices shall be separated for each building and must bear the purchase order number. Final payment shall not be made until after performance is complete. All invoices should be sent to accountspayable@murfreesborotn.gov.

4. Taxes. The City of Murfreesboro is exempt from State sales tax and will issue a tax exemption certificate to the Contractor as requested. City shall not be responsible for any taxes that are imposed on Contractor.

Furthermore, Contractor understands that it cannot claim exemption from taxes by virtue of any exemption that is provided to City.

5. Insurance. During the Term of this Agreement, Contractor must maintain commercial general liability insurance with limits of not less than $1,000,000, as well as automotive and workers’ compensation insurance policies. Contractor will provide to the City: (i) a standard certificate of insurance evidencing this coverage prior to commencement of work and upon renewal or expiration of the policies reflected thereupon; (ii) upon request, an endorsement naming the City as an additional insured under the terms of the policy as follows: “The City of Murfreesboro, Tennessee, its officers, employees, contactors, consultants, and agents.” Certificates of Insurance should be sent to: coi@murfreesborotn.gov.

Certificates of Insurance should identify the Project and reference the contract date.

6. Indemnification.

a. Contractor must indemnify, defend, and hold harmless the City, its officers, agents and employees from any claims, penalties, damages, costs and attorney fees (“Expenses”) arising from injuries or damages resulting from, in part or in whole, the negligent or intentional acts or omissions of contractor, its officers, employees and/or agents, including its subcontractors or independent contractors, in connection with the performance of this Agreement, and, Expenses arising from any failure of Contractor, its officers, employees and/or agents, including its subcontractors or independent contractors, to observe applicable laws, including, but not limited to, labor laws and minimum wage laws.

b. Pursuant to Tennessee Attorney General Opinion 93-01, the City will not indemnify, defend or hold harmless in any fashion Contractor from any claims arising from any failure, regardless of any language in any attachment or other document that Contractor may provide.

c. Copyright, Trademark, Service Mark, or Patent Infringement.

i. Contractor, at its own expense, is entitled to and has the duty to defend any suit which may be brought against the City to the extent that it is based on a claim that the products or services furnished infringe a copyright, Trademark, Service Mark, or patent. Contractor will indemnify, defend, and hold harmless the City against any award of damages and costs made against the City. The City will provide Contractor immediate notice in writing of the existence of such claim and full right and opportunity to conduct the defense thereof, together with all available information and reasonable cooperation, assistance, and authority from the City in order to enable Contractor to do so. The City reserves the right to participate in the mailto:accountspayable@murfreesborotn.gov mailto:coi@murfreesborotn.gov defense of any such action. Contractor has the right to enter into negotiations for and the right to effect settlement or compromise of any such action provided (i) any amounts due to effectuate fully the settlement are immediate due and payable and paid by Contractor; (ii) no cost or expense whatsoever accrues to the City at any time; and (iii) such settlement or compromise is binding upon the City upon approval by the Murfreesboro City Council.

ii. If the products or services furnished under this Agreement are likely to, or do become, the subject of such a claim of infringement, then without diminishing Contractor's obligation to satisfy the final award, Contractor may at its option and expense:

a) Procure for the City the right to continue using the products or services.

b) Replace or modify the alleged infringing products or services with other equally suitable products or services that are satisfactory to the City, so that they become non-infringing.

c) Remove the products or discontinue the services and cancel any future charges pertaining thereto; provided, however, Contractor will not exercise this option until Contractor and the City have determined that each of the other options are impractical.

iii. Contractor has no liability to the City if any such infringement or claim thereof is based upon or arises out of the use of the products or services in combination with apparatus or devices not supplied or else approved by Contractor, the use of the products or services in a manner for which the products or services were neither designated nor contemplated, or the claimed infringement in which the City has any direct or indirect interest by license or otherwise, separate from that granted herein.

7. Compliance with Laws. Contractor agrees to comply with any applicable federal, state, and local laws and regulations.

8. Maintenance of Records. Contractor must maintain documentation for all charges against the City. The books, records, and documents of Contractor, insofar as they relate to work performed or money received under the Contract, must be maintained for a period of three full years from the date of final payment and will be subject to audit, at any reasonable time and upon reasonable notice by the City or its duly appointed representatives. Accounting records must be maintained in accordance with the Generally Accepted Accounting Principles.

9. Modification. This Agreement may be modified only by written amendment executed by all parties and their signatories hereto. Depending upon the nature and amount of the amendment, the approval of the City Council may be required. Minor modifications to the contract may be executed by the signature of the City Manager in lieu of the City’s signatory hereto.

10. Relationship of the Parties. Nothing herein may in any way be construed or intended to create a partnership or joint venture between the Parties or to create the relationship of principal and agent between or among any of the Parties. None of the parties hereto may hold itself out in a manner contrary to the terms of this paragraph. No Party becomes liable for any representation, act, or omission of any other Party contrary to this section.

11. Waiver. No waiver of any provision of this Agreement affects the right of any party thereafter to enforce such provision or to exercise any right or remedy available to it in the event of any other default.

12. Employment. Contractor may not subscribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal or laying off of any individual due to race, creed, color, national origin, age, sex, veteran status, or any other status or class protected under federal or state law or which is in violation of applicable laws concerning the employment of individuals with disabilities.

13. Non-Discrimination. It is the policy of the City not to discriminate on the basis of age, race, sex, color, national origin, veteran status, disability, or other status or class protected under federal or state law in its hiring and employment practices, or in admission to, access to, or operation of its programs, services, and activities. With regard to all aspects of this Agreement, Contractor certifies and warrants it will comply with this policy. No person may be excluded from participation in, be denied benefits of, be discriminated against in the admission or access to, or be discriminated against in treatment or employment in the City’s contracted programs or activities, on the grounds of handicap and/or disability, age, race, color, religion, sex, national origin, or any other classification protected by federal or Tennessee State Constitutional or statutory law; nor may they be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of contracts with the City or in the employment practices of the City’s Contractors. Accordingly, all proposers entering into contracts with the City may upon request be required to show proof of such nondiscrimination and to post in conspicuous places that are available to all employees and applicants, notices of nondiscrimination.

14. Notices. Notice of assignment of any rights to money due to Contractor under this Agreement must be mailed first class mail or hand delivered to the following:

If to the City of Murfreesboro:

City Manager City of Murfreesboro 111 West Vine Street Murfreesboro, TN 37130

If to Contractor:

15. Gratuities and Kickbacks. It is a breach of ethical standards for any person to offer, give or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy or other particular matter, pertaining to any program requirement of a contract or subcontract or to any solicitation or proposal therewith. It is a breach of ethical standards for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or a person associated therewith, as an inducement for the award of a subcontract or order. Breach of the provisions of this paragraph is, in addition to a breach of this Agreement, a breach of ethical standards which may result in civil or criminal sanction and/or debarment or suspension from being a contractor or subcontractor under the City contracts.

16. Assignment. The provisions of this Agreement inure to the benefit of and are binding upon the respective successors and assignees of the parties hereto. Except for the rights of money due to Contractor under this Agreement, neither this Agreement nor any of the rights and obligations of Contractor hereunder may be assigned or transferred in whole or in part without the prior written consent of the City. Any such assignment or transfer does not release Contractor from its obligations hereunder.

17. Integration. This Agreement sets forth the entire agreement between the Parties with respect to the subject matter hereof and governs the respective duties and obligations of the Parties.

18. Force Majeure. No Party has any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of public enemy, or other cause of similar or dissimilar nature beyond its control.

19. Governing Law and Venue. The validity, construction, and effect of this Agreement and any and all extensions or modifications thereof are governed by the laws of the State of Tennessee regardless of choice of law doctrine or provision in any attachment or other document that Contractor may provide.

Any action between the parties arising from this Agreement may only be filed in the courts of Rutherford County, Tennessee.

20. Severability. Should any provision of this Agreement be declared to be invalid by any court of competent jurisdiction, such provision will be severed and not affect the validity of the remaining provisions of this Agreement.

21. Attorney Fees. In the event any party takes legal action to enforce any provision of the Contract, should the City prevail, Contractor will pay all expenses of such action including attorney fees, expenses, and costs at all stages of the litigation and dispute resolution.

22. Iran Divestment Act of Tennessee. By submission of the Contractor’s Bid, Contractor certifies, under penalty of perjury, that to the best of its knowledge and belief that Contractor is not on the list created pursuant to Tenn. Code Ann. §12-12-106.

23. Non-Boycott of Israel. By submission of the Contractor’s Bid, Contractor certifies, under penalty of perjury, that to the best of its knowledge and belief, each supplier is not boycotting Israel pursuant to Tenn. Code Ann. § 12-4-119 and will not boycott Israel during the term of this Agreement. This applies to contracts of $250,000 or more and to contractors with ten (10) or more employees.

24. Effective Date.