RFP # 2024-013 Audit Services.pdf

CITY OF SALEM, VIRGINIA

PURCHASING DEPARTMENT

114 NORTH BROAD STREET

P.O. BOX 869

SALEM, VIRGINIA 24153

PHONE: (540) 375-3063 FAX: (540) 375-4057

ISSUE DATE: JANUARY 18, 2024

REQUEST FOR PROPOSAL (RFP) # 2024-013

FOR

AUDIT SERVICES

SEALED PROPOSALS DUE:

February 15, 2024

ON OR BEFORE

3:00 P.M. (LOCAL TIME)

ALL INFORMATION AND CLARIFICATION INQUIRIES MUST BE SUBMITTED IN WRITING TO:

MICHELLE BRAXTON, PURCHASING MANAGER

AT LMBRAXTON@SALEMVA.GOV

BY 5:00 P.M. ON JANUARY 29, 2024

THIS PUBLIC BODY DOES NOT DISCRIMINATE AGAINST FAITH-BASED

ORGANIZATIONS

mailto:lmbraxton@salemva.gov

RFP #2024-013

AUDIT SERVICES

The City of Salem Finance Department is accepting sealed proposals from qualified Offerors of certified public accountants to provide professional financial statement audit services for the City of Salem (City) and the City of Salem School Division (Schools). If an award is made, Offeror will provide audit services beginning with fiscal year ending June 30, 2024. Additionally, Offeror shall provide related accounting and consulting services to both the City and Schools on an as-needed basis.

All questions must be submitted before 5:00 p.m., January 29, 2024. If necessary, an addendum will be issued and emailed to all Offerors who were emailed the original RFP. The addendum will also be posted on eVA and the City’s Purchasing website. Any such addenda shall become a part of the solicitation documents, must be addressed in the proposal, if applicable, and shall become a Contract Document. The City accepts no liability for late or non-receipt of addenda.

Proposals shall be received by Michelle Braxton of the City of Salem Purchasing Department, 114 North Broad Street, Salem, VA 24153 by 3:00 p.m., February 15, 2024. Offerors shall submit one (1) original and six (6) copies of their proposal in a sealed envelope clearly marked on the outside with company’s name and “Attn: Purchasing Dept. - RFP #2024-013 – AUDIT SERVICES”. Any proposals received after the mentioned time and date will be returned to the firm unopened. Faxed or emailed proposals will not be accepted.

As this is a Request for Proposal, an evaluation committee will be established to review and evaluate all responses. No information regarding the identity of either the Offerors or the contents will be released until after the negotiation process. Once an award has been made, all proposals will become public information.

If your proposal contains proprietary information, please make note of such on the form attached (Attachment B - Proprietary Information Form).

The City reserves the right to cancel this RFP and/or reject any or all proposals and to waive any informalities or irregularities in any proposal.

This section must be completed by the Offeror and must be returned with the proposal. In compliance with this Request for Proposal and to all the terms and conditions imposed herein and hereby incorporated by reference, the undersigned offers and agrees to furnish the services and/or items in accordance with the attached signed proposal or as mutually agreed upon by subsequent negotiation.

OFFEROR DATA/SIGNATURE SHEET

Legal Name and Address:

_____________________________________ Date: ___________________________________

_____________________________________ By: _____________________________________ (Signature in ink)

_____________________________________ Name: __________________________________

__________________Zip Code____________ Title: ____________________________________

Phone (____) __________________________ Fax (___) ________________________________

E-mail: _______________________________ Business License #: ________________________

Virginia State Corporation Commission Identification Number: _________________________________

I. PURPOSE

The purpose of this Request for Proposal (RFP) is to solicit sealed proposals to provide professional financial statement audit services for the City of Salem (City) and the City of Salem School Division (Schools). If an award is made, Offeror will provide audit services beginning with fiscal year ending June 30, 2024. Additionally, Offeror shall provide related accounting and consulting services to both the City and Schools on an as-needed basis.

II. BACKGROUND

The City of Salem operates under a council-manager form of government and provides a full range of governmental services to its citizens including education, judicial administration, public safety, public works, health and welfare, parks and recreation, solid waste collection and disposal, and community development.

The City also operates an electric system, water and sewer system, and a civic center. The Economic Development Authority of the City of Salem (EDA) is a discretely presented component unit of the City of Salem. A separate financial report is not issued for the EDA.

The City has approximately 500 full-time employees and the School Division has approximately 574 full-time employees.

The City’s fiscal year begins on July 1st and ends on June 30th. The FY2024 General Fund adopted budget totaled $109 million. The City’s FY2023 ACFR is available on the City of Salem website at:

https://www.salemva.gov/218/Financial-Reports.

The School Division is reported as a discretely presented component unit of the City. The FY2024 School Operating Fund budget totaled $56.3 million. The School’s FY2023 ACFR is available on the School’s website at: https://www.salem.k12.va.us/business. The School also has activity funds that will be included in the scope of services. A separate report is issued for the school activity funds.

Both the City and School Division participate in the Virginia Retirement System. Actuarial services are provided by VRS.

The City and School Division also participate in the VML/VACo OPEB trust. Third party actuarial services are procured for calculations related to other post-employment benefits.

Following is a listing of the City’s key systems:

1. Financial system – New World by Tyler Technologies

2. Time and attendance and payroll – Kronos

3. Real estate valuations – Vision

4. Cashiering/revenue collection, assessment of personal property tax and tracking of business license, meals tax, transient lodging taxes and other miscellaneous billing – PCI

III. CONTRACT PERIOD

This contract will be awarded with an initial period which encompasses financial audits for the fiscal years ending June 30, 2024 through June 30, 2028. There will be three (3) additional one (1) year renewals upon mutual agreement of both parties. The City may terminate the contract, in whole or in part, without cause upon giving a thirty (30) days written notice to the vendor.

https://www.salemva.gov/218/Financial-Reports https://www.salem.k12.va.us/business

IV. CONTRACT ADMINISTRATOR

The Director of Finance shall serve as the monitor of the conditions of the contract and shall work directly with the Successful Offeror in scheduling and coordinating performance of services, answering technical questions in connection with the scope of work and providing general direction under the resulting contract.

V. REFERENCES

All Offerors shall include a list of at least three (3) references who could attest to the Offeror’s experience and services on similar projects. Include name of entity, contact person, phone number, email address, and other information required for all references on the sheet provided (Attachment A - Reference Form).

References may or may not be reviewed or contacted at the discretion of the City. Typically, only references of the top ranked, short listed Offeror or Offerors are contacted. The City reserves the right to contact references other than, and/or in addition to, those furnished by an Offeror.

VI. SCOPE OF SERVICES

1. Successful Offeror shall perform the annual audit of all financial operations of the City and School Division. The audit of all funds shall be performed in accordance with the following, where applicable:

a. Generally Accepted Auditing Standards (GAAS), as promulgated by the American Institute of Certified Public Accountants (AICPA).

b. Generally Accepted Government Auditing Standards (GAGAS), as promulgated by the Government Accountability Office (GAO).

c. Government Auditing Standards (GAS) issued by the Comptroller General of the United States

d. Financial Accounting Standards Board (FASB) applicable accounting and reporting standards.

e. Governmental Accounting Standards Board (GASB) applicable accounting and reporting standards.

f. The provisions of the OMB Compliance Supplement.

g. Specifications for Audits of Counties, Cities and Towns, and Specifications for Audits of

Authorities, Boards and Commissions, issued by the Auditor of Public Accounts (APA) of the Commonwealth of Virginia.

h. Any future laws, regulations or pronouncements applicable to this engagement including any update or modifications to any of the above.

2. The City Finance Department prepares the Annual Comprehensive Financial Report (ACFR) for the City and the Annual Comprehensive Financial Report (ACFR) for the School Division. Pricing for audit services will be based on the City preparing these reports. Should the City and/or Schools need assistance with the ACFR preparation, the Successful Offeror must have staffing capacity to prepare these reports for the client. A cost estimate will be requested should these services be needed.

3. The City has received the GFOA Certificate of Achievement for Excellence in Financial Reporting for thirty-five years. The Auditor will review prior year comments from the GFOA with City staff to ensure that comments and recommendations for improvement are implemented and to ensure the ACFR continues to meet the GFOA Certificate of Achievement for Excellence award. The City will submit the ACFR to the GFOA for this annual review in early December for consideration of another award.

4. Successful Offeror agrees that the Partner assigned to the audit will meet at least annually with the City's Audit Finance committee to discuss audit outcomes. In addition, this Partner will attend the City Council meeting when the ACFR is presented to provide a brief overview of audit results.

5. The City reports two custodial funds - Cardinal Criminal Justice Academy and Court Community

Corrections Program. The City Finance Department prepares Annual Financial Reports for these entities. Successful Offeror will perform annual audit of these two organizations. Audit services will be billed separately for each. Should the City and/or Schools need assistance with the ACFR preparation, the Successful Offeror must have staffing capacity to prepare these reports for the client. A cost estimate will be requested should these services be needed.

6. Successful Offeror shall provide recommendations for improvement (if needed) in a separate letter to management after consultation with the Director of Finance.

7. Successful Offeror shall provide communication of information required by SAS 114.

8. Successful Offeror shall audit the School Activity funds and issue a separate financial report, report on internal controls and management letter as part of the regular audit.

9. The City shall prepare the Comparative Cost Report Transmittal. Successful Offeror will provide required agreed-upon procedures in accordance with the provisions of the Uniform Financial Reporting Manual. Procedures must be completed in a time frame such that report can be submitted to the Auditor of Public Accounts by the December 15th deadline as part of the regular audit. The Successful Offeror must have staffing capacity to prepare this report for the client. A cost estimate will be requested should these services be needed.

10. Successful Offeror will perform the attestation services related to VRS census data as required by the Virginia Auditor of Public Accounts and provide reports for the City and Schools by the September 30th deadline as part of the regular audit.

11. The Successful Offeror shall perform all of the required audit procedures for the Sheriff's Office as specified by the Auditor of Public Accounts in Specifications 2-8 and issue the required letter to the Auditor of Public Accounts by the specified deadline as part of the regular audit.

12. The Successful Offeror will audit and issue a cash basis report for Salem Rescue Squad. Audit and report preparation for Salem Rescue Squad will be billed separately.

13. Successful Offeror will complete the SF-SAC Data Collection Form for Reporting on Audits of States, Local Governments and Non-Profit Organizations.

14. The City will expect the Successful Offeror to be available for miscellaneous advisory and consulting services on an as-needed basis throughout the year. The pricing for additional services shall be negotiated at the time of need.

15. Successful Offeror will be provided an audit schedule prior to the start of fieldwork. Successful

Offeror agrees to abide by this schedule provided the City meets the timeline for providing information. Field work typically begins around the third (3rd) week of September and is completed by the end of October.

16. Please provide a list of additional services your firm provides as part of the annual audit fee.

Examples of such services would be free or reduced cost access to accounting and reporting literature, software or training.

17. All working papers must be maintained, at the Successful Offeror’s expense, for a minimum of seven (7) years unless the Successful Offeror is notified in writing by the City of the need to extend the retention period. The Successful Auditor will be required to make working papers available, upon request, to the City of Salem, City of Salem School Division or other entity designated by the City.

18. All necessary personnel and responsible management will be available during the audit to provide information, documentation and explanations. The City will provide an appropriate work space for the auditors.

19. Initial contract period encompasses financial audits for the fiscal years ending June 30, 2024 through June 30, 2028. There will be three (3) optional one (1) year renewals upon mutual agreement of both parties.

VII. INSTRUCTIONS TO OFFERORS

Proposals must be submitted in accordance with the instructions and requirements contained in this RFP.

Failure to do so may result in the proposal being considered non-responsive and it may be rejected. An Offeror must promptly notify the Purchasing Department at 540-375-3063 of any ambiguity, inconsistency or error which may be discovered upon examination of the RFP.

Each proposal should include: a transmittal letter, technical proposal and price proposal. The signed transmittal letter should briefly state the Offeror’s understanding of the work to be done, the commitment to perform the work within the time period and a statement why the firm believes itself to be the best qualified to perform the engagement.

The technical proposal shall include at a minimum:

1. Documentation of the Offeror’s authority to conduct business in the Commonwealth of Virginia such as a business license, documentation of corporation status through the State Corporation Commission or other documentation as appropriate.

2. Copy of Offeror’s most recent peer review report and related communications.

3. Offeror should provide an affirmative statement that it is independent of the City as defined by the GAO's Government Auditing Standards. The firm also should provide an affirmative statement that it is independent of all component units as defined by the same standards.

4. Offeror should include an affirmative statement that all assigned key professional staff are properly licensed to practice in Virginia.

5. Typed response describing Offeror’s experience as it relates to the scope of services requested, including:

a. Number of years the firm has been auditing localities and/or school divisions.

b. Listing of at least three (3) references, preferably from Virginia localities or school divisions who are former or current clients.

c. Experience and qualifications of partners, managers and auditors that will be responsible for auditing the City and School. Please identify which personnel will be managing and working on the City's audit.

d. Location of the office that will be performing the audit.

e. Involvement in local, state and national organizations such as GFOA, GASB or VGFOA.

6. Offeror’s approach to performing the services requested, including:

a. Initial survey of the City's and School's systems and financial processes.

b. Annual planning and preparation.

c. Use of audit software.

d. Consideration of internal controls over financial reporting.

e. Consideration of fraud risk.

f. Quality assurance over audit work throughout the engagement.

g. Communication of progress, potential issues and recommendations.

h. Reporting.

7. Offeror’s continuing professional development and technical resources, including:

a. Employee development approach.

b. Employee access to technical resources such as knowledge databases and practice guides.

c. Use of financial audit software.

d. Affirmation that all staff assigned to work on the City and School audit will be appropriately qualified to perform the work assigned, will do so objectively and competently, will maintain confidentiality, and will have the required training and certification to comply with all applicable standards.

Pricing proposal should include an itemized cost breakdown for the following tasks:

1. City audit.

2. School audit.

3. Cardinal Criminal Justice Academy audit.

4. Court Community Corrections Program audit.

5. School Activity funds audit.

6. Audit procedures for VRS Census Data.

7. Audit procedures for Sheriff’s office.

8. Salem Rescue Squad audit.

VIII. SUBMITTAL REQUIREMENTS

A. Proposals must be submitted no later than 3:00 p.m. on February 15, 2024 to:

City of Salem Purchasing Department 114 North Broad Street

P. O. Box 869 Salem, VA 24153

B. One (1) original and six (6) copies of your proposal document are required. The City will not assume responsibility for reproduction if an insufficient number of copies has been supplied and failure to comply with this or any other requirement of this Request for Proposal may result in rejection of the proposal. Facsimile or emailed submission of proposals is not acceptable and any such proposals shall not be considered.

C. Proposals having any erasures or corrections must be initialed by the Offeror in ink. Proposals must be signed in ink by an authorized officer of the firm.

D. Proposals received after the set time for receipt shall not be considered and shall be returned unopened to the proposer.

E. As it is expected that each Offeror may have different needs for information, it is incumbent on each Offeror to make whatever inquiries it deems necessary in order to respond to the RFP. The City assumes no responsibility for oral instructions, suggestions or interpretations. All inquiries concerning this proposal should be submitted prior to 5:00 p.m., January 29, 2024. If necessary, any addenda will be issued and emailed to all Consultants who were emailed the original RFP. Questions should be submitted as follows:

Michelle Braxton, Purchasing Department 114 N. Broad Street, Salem VA 24153 Phone: (540) 375-3063

Fax: (540) 375-4057 lmbraxton@salemva.gov

F. No proposal may be withdrawn after opening unless the proposal is the subject of a clerical error as defined in Section 2.2-4330 (A) of the Code of Virginia. Offerors shall give notice, in writing, of their request to withdraw their proposal within two (2) business days after the opening of the proposal.

G. The City of Salem is not responsible for any costs incurred with the development and delivery of the proposal. It is the sole responsibility of the Offeror.

H. Oral Presentations: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to the City. This provides an opportunity for the Offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not include negotiations. The City will schedule a time and location of these presentations. Oral presentations are an option of the City and may not be conducted.

IX. EVALUATION AND AWARD OF CONTRACT

A. Award: Once proposals have been evaluated, selection shall be made based on the factors as stated in this Request for Proposal. Informal interviews may then be conducted with those selected.

If one Offeror is clearly more highly qualified and suitable than the others under consideration, a Contract may be awarded to that Offeror without an interview process.

Information and/or factors gathered during interviews, negotiations and any reference checks, in addition to the evaluation criteria stated in the RFP, including resumes of qualified employees, and any other information or factors deemed relevant by the City, shall be utilized in the final award.

B. Evaluation Criteria: Proposals will be evaluated by the City according to the following criteria.

Offerors are welcome to submit supporting information which describes their ability to meet the criteria and exceed the performance of other Offerors.

mailto:lmbraxton@salemva.gov

1. Offeror must demonstrate in its proposal and any subsequent discussions with the City that it has a clear understanding of the City's and School's needs and proposed approach to the work as set forth in the RFP.

2. Offeror must possess the ability, experience, capacity, skill and financial resources to perform the work and fulfill the requirements of any resulting contract, on a timely basis.

3. Offeror must have performed satisfactorily in previous contracts of similar size and scope with the City and/or other organizations.

4. If the Offeror has not performed in a contract of similar size and scope, the Offeror and/or its team members must demonstrate its capacity to perform the work set forth in the RFP and fulfill the requirements under a contract resulting from the RFP.

5. Offeror and its employees must be properly licensed under applicable federal, state and local laws.

6. Proposed fees/costs associated with the offered services.

7. Demonstrated knowledge of all federal, state and city laws, codes and regulations relating to or applicable to the scope of work set forth in this solicitation.

X. RELEASE OF INFORMATION AND AWARD ANNOUNCEMENT

As this is a Request for Proposal, no information regarding the identity of the Offeror nor the contents of the proposal submittal will be released until after the negotiation process. If your proposal contains information of a proprietary nature, the information must be noted and an explanation submitted on Attachment B - Proprietary Information Form.

Upon the award or the announcement of the decision to award, the City will notify all Offerors, in writing, that submitted a proposal. All materials submitted in response to this RFP become the property of the City of Salem upon delivery to the City of Salem and are subject to public inspection in accordance with the Virginia Freedom of Information Act.

XI. REJECTION AND AWARD OF PROPOSAL

The City of Salem reserves the right to cancel this RFP and to reject any or all proposals. The City also reserves the right to waive any informality or irregularity in any proposal received and to award to the Offeror whose proposal is, in the opinion of the City, in its best interest.

XII. INSURANCE

By signing and submitting an offer for this solicitation, the Offeror certifies that if awarded the Contract, it will have the following insurance coverage at the time the work commences. The insurance specified herein shall name the City of Salem as an additional insured. The Offeror shall provide to the City, Certificate of Insurance evidencing the coverages indicated below. Such certificates shall be furnished prior to commencement of Offeror’s services and at renewals thereafter during the life of the Contract.

Additionally, it will maintain these during the entire term of the Contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in the Commonwealth of Virginia by the Virginia State Corporation Commission.

A thirty (30) day written notice of cancellation or non-renewal shall be furnished by certified mail to the Purchasing Agent at the address indicated on the solicitation.

The limits of liability for the insurance required are as follows:

1. Workers’ Compensation: Statutory

2. Employer’s Liability

a. Each Accident: $100,000

b. Disease, Policy Limit: $500,000

c. Disease, Each Employee: $100,000

3. General Liability

a. Each Occurrence (Bodily Injury and Property Damage): $1,000,000

b. General Aggregate: $2,000,000

4. Excess Umbrella Liability

a. Each Occurrence: $5,000,000

b. General Aggregate: $5,000,000

5. Automobile Liability

a. Bodily Injury: Each Accident $1,000,000

b. Property Damage: Each Accident $1,000,000

6. Professional Liability Insurance

a. Each Claim Made: $2,000,000

b. Annual Aggregate: $3,000,000

XIII. 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.

Cooperative Procurement: Unless specified in the solicitation, other localities are not authorized to piggyback off the specific proposal or bid.

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 2 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. 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.

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ATTACHMENT A

REFERENCE FORM

Name of Entity:

Contact: Title:

Address:

Telephone: Length of Business Relationship:

Email:

Description of Services Performed:

If additional space is needed, please list on a separate sheet and include in the sealed Proposal.

ATTACHMENT B - PROPRIETARY INFORMATION FORM

Identify the data or other materials to be protected and state the reasons below. Indicate the specific words, figures, or paragraphs that constitute trade secrets or proprietary materials. The classification of an entire bid or proposal document, line item prices, and/or total bid or proposal prices as proprietary or trade secret is not acceptable and will result in rejection of the proposal.

Confidentiality Reference Protection in accordance with the Code of Virginia, Section 2.2-4342.

Section/Title: Page(s) #:

Reason(s) for Withholding from Disclosure:

If additional space is needed, please list on a separate sheet and include in the sealed Proposal.

END OF RFP # 2024-013