RFP 2027-008 FOOD AND BEVERAGE CONCESSIONS AT BWC TRAIL – ED PAGE ENTRANCE.pdf

REQUEST FOR PROPOSALS TITLE PAGE

Include this Page as the First Page in the Proposal Response

Proposal Title: Food and Beverage Concessions at BWC Trail – Ed Page Entrance

This is the City of Lynchburg's Request for Proposals (RFP) No. 2027-008, issued July 9, 2026. Direct inquires for information should be sent to Dana Maule by e-mail: dana.maule@lynchburgva.gov. All requests for clarification of or questions regarding this RFP must be made in writing and received by 4:00 p.m., July 15, 2026. All responses to this solicitation shall be in strict accordance with the requirements set forth in this RFP document and the ensuing contract documents.

An optional Pre-Proposal Meeting will be held on-site at 1700 Old Langhorne Rd. Lynchburg, VA 24503, at 1:30 p.m. on July 14, 2026.

Sealed proposals will be publicly accepted prior to 4:00 p.m., July 24, 2026; however, only the names of firms responding will be available for announcement. Proposals received after the stated due date and time shall not be considered and will be returned to the Offeror. Submit proposals in a sealed, opaque envelope, and put the RFP number, title, due date and time on the lower left front or electronically through the City’s Bid Postings website as noted below. Offerors are responsible for having their proposal stamped by Procurement Division staff before the deadline indicated above and acknowledge all addenda so issued in the space provided below. Any alteration or changes to this RFP will be made only by written addendum issued by the Procurement Division, and all Offerors are responsible for obtaining issued addenda from the City’s Procurement website: http://www.lynchburgva.gov/current-solicitations.

Acknowledge receipt of addenda here: No. Date: No. Date:

Submit Proposals: BY MAIL, GROUND DELIVERY, OR HAND DELIVER TO:

Procurement Division Third Floor City Hall 900 Church Street Lynchburg, Virginia 24504

Information the Offeror deems Proprietary is included in the proposal response in section(s):

See Paragraph B. on page 2 for guidelines on submitting proprietary information.

In compliance with this Request for Proposals and all the conditions imposed therein, the undersigned offers and agrees to furnish the services in accordance with the attached proposal or as mutually agreed by subsequent negotiations. By my signature below, I certify that I am authorized to bind the Offeror in any and all negotiations and/or contractual matters relating to this Request for Proposals. Sign in ink and type or print requested information.

Full Legal Name of Offeror:

Fed ID OR SOC. SEC. NO.: Date:

Address: Phone: ( )

E-mail address:

Signature:

Typed or Printed Name, Title

City Procurement Manager’s Signature mailto:dana.maule@lynchburgva.gov http://www.lynchburgva.gov/current-solicitations

I. SUBMISSION OF PROPOSALS

A. To submit a proposal electronically, access the Submit Online button as part of the RFP description on the City’s Bid Postings webpage: https://www.lynchburgva.gov/Bids.aspx. All proposals submitted should be uploaded as a single PDF file and must be submitted by the deadline. Late proposals will not be considered. Proposals will be stored in a secure folder until after the deadline has passed then accessed by Procurement staff.

B. Submission of Proprietary Information

Trade secrets or proprietary information submitted by an Offeror in connection with this procurement transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Offeror must invoke the protection of this section prior to or upon submission of the data or the materials, and must identify the data or other materials to be protected and state the reason why protection is necessary. (Section 2.2-4342 F. of the Code of Virginia). Offerors shall submit, in a separate section of the proposal, any information considered proprietary and any copyrighted material and clearly identify the information as proprietary and/or copyrighted information. Offerors may not declare their entire proposal proprietary, nor may they declare proposed pricing to be proprietary. References may be made within the body of the proposal to proprietary information; however, all information contained within the body of the proposal not in the separate section labeled proprietary shall be considered Public Information.

C. Proposals having any erasures or corrections must be initialed by the Offeror in ink.

D. The City reserves the right to accept or reject any or all proposals, to waive informalities, and to reissue any request for proposals and to award contracts to multiple Offerors. Any contract resulting from this Request for Proposal shall not be exclusive to the successful firm. The City reserves the right to contract with firms not party to the resultant contract for similar work if it determines this to be in their best interest. If this is a cooperative procurement, each entity referenced will award a contract in accordance with its respective independent procurement policies and procedures and as it deems will best serve its interest.

E. By submitting a proposal, the Offeror agrees that the proposal will not be withdrawn for a period of 90 days following the due date for proposal responses.

F. By submitting a proposal, the Offeror certifies that it has not combined, conspired or agreed to intentionally rig, alter or otherwise manipulate, or to cause to be rigged, altered or otherwise manipulated its proposal for the purpose of allocating purchases or sales to or among persons, raising or otherwise fixing the prices of the goods or services, or excluding other persons from dealing with the City.

G. By submitting a proposal, the Offeror certifies that its proposal is made without collusion or fraud and that it has not offered or received any kickbacks or inducements from any other Offeror, supplier, manufacturer or subcontracting firm in connection with its proposal; and that it has not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised.

H. Nothing herein is intended to exclude any responsible Offeror or in any way restrain or restrict competition. All responsible Offerors are encouraged to submit proposals.

I. The City will not be responsible for any expense incurred by any Offeror in preparing and submitting a proposal. All proposals submitted will become the property of the City.

J. By submitting a proposal, the Offeror is certifying that Offeror is not currently debarred by the City, or in a procurement involving federal funds, by the Federal Government. A copy of the City debarment procedure in accordance with Section 18.1-10 of the City’s Procurement Ordinance is available upon request.

https://www.lynchburgva.gov/Bids.aspx

II. BACKGROUND AND PURPOSE

Lynchburg is a city of 50 square miles located near the geographic center of the state, bordered by the eastern edge of the beautiful Blue Ridge Mountains. It is located approximately 180 miles southwest of the nation's capital, Washington, D.C. LDPR offers a variety of services and activities to residents and visitors. LDPR maintains 17 parks, which offer organized and open areas for recreation, enjoying a picnic, fishing, canoeing and kayaking, and children’s play. Over 40 miles of our trails wind through Lynchburg and are suited for a variety of activities including walking, mountain biking, hiking, and running. Community residents also enjoy the use of nine recreation centers, which are utilized for planned group programs, birthdays, baby showers, community meetings, and their outdoor amenities.

The City of Lynchburg is seeking a Food and Beverage Concessions Vendor to operate the concession stand at the Ed Page Entrance to the Black Water Creek (BWC) Trail under the purview of the Lynchburg Department of Parks and Recreation. (LPDR) The concession stand shall have defined hours of operation and be staffed appropriately to handle fluctuation in customer demand.

III. SCOPE OF SERVICES

LDPR seeks a qualified Food and Beverage Concessions vendor capable of providing food and beverage service in a consistent and revenue positive manner at the Ed Page Entrance of the BWC. Each Offeror must clearly identify their knowledge of permanent and/or seasonal concession operations, food safety practices, proper licensure, contract relations, adequate staffing levels, and demonstrate financial stability.

IV. WORK DELIVERABLES AND ASSOCIATED TASKS

LDPR seeks a qualified Food and Beverage Concessions vendor capable of providing food and beverage service in a consistent and revenue positive manner at the Ed Page Entrance of the BWC. Each Offeror must clearly identify their knowledge of permanent and/or seasonal concession operations, food safety practices, proper licensure, contract relations, adequate staffing levels, and demonstrate financial stability.

Concessions Site Location:

1. Black Water Creek Trail/Bikeway (Ed Page Entrance) – Across from the Cancer Awareness Garden

• Address: 1700 Old Langhorne Rd. Lynchburg, VA 24503

• Building available: Permanent concession facility available; 15’x7’ space (105 square feet)

• Description: Major trail entrance, Cancer Awareness Garden, parking area, restroom facilities

• Park operation hours: Sunrise – Sunset; Sunday – Saturday

• Desired business hours of operation: Consistent with normal park operating hours, seven (7) days a week from the second Monday in March to the second Monday in November – days and hours are negotiable – it is understood that inclement weather and unseasonably cold or hot days may limit the availability of the concessions. Vendor shall furnish LDPR with a quarterly schedule of operating hours and the expectation from LDPR is that the schedule will be followed.

• Utilities Available: 7 two plug outlets – 110V (three 20 amp circuits); hot and cold water available.

***Vendor for the Black Water Creek Trail/Bikeway Concessions shall submit a quarterly report to LDPR outlining the current concessions menu they are utilizing (including pricing)***

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:

Conditions:

1. Both for-profit and not-for-profit entities are encouraged to submit proposals for the requested service.

2. While the successful Offeror will have exclusive rights to operate the concession stand at BWC -Ed

Page, LDPR reserves the right to offer vending opportunities outside of this award. Other vendors may be contracted for services during various special events such as organized trail runs or trail races.

3. Vending at City special events such as organized trail runs or trail races must be approved by the LDPR staff. Requests to provide this service must be made to LDPR staff at least 30 days prior to the special event. The LDPR will provide a list of all known special events prior to the summer season so the vendor may request this approval within the deadline. (PLEASE NOTE: On the days selected for the

Cancer Awareness Garden brick dedication ceremonies held in late Spring and Fall and the annual

Lighting of the Garden event in the Winter, the concession stand SHALL be closed. While LDPR understands those events are highly attended and could generate revenue, the City must respect the importance of those three events and will not permit the stand to be open on those days.

4. Periodic reviews will be conducted by the LDPR staff as deemed necessary by the Department or upon request by the vendor to review the operational performance of the vendor. In the event there is an operational and/or performance issue, the LDPR with the assistance of the vendor, will determine the best resolution for the situation at that time. If a satisfactory resolution cannot be reached between the vendor and the LDPR, the City of Lynchburg reserves the right to determine if the vendor can be released from the existing contract at no obligation on the vendor’s part. This process shall take no longer than ten (10) business days to complete.

5. The vendor will be responsible for obtaining all necessary permits and approvals to operate the concession stand and will comply with all applicable laws, codes, ordinances, rules, regulations, orders and requirements for permits and approvals.

6. All employees working for the vendor will be strictly considered employees of that vendor and have no contractual employment relationship whatsoever as an employee of the City of Lynchburg.

7. The vendor is allowed and encouraged to promote their operation to the general public at will through the use of signage and other media outlets. All signage shall be approved by LDPR staff prior to it being posted.

8. Vendor may use LDPR concession equipment as listed below. The vendor is responsible for all maintenance including repairs and replacement of any equipment damaged while in use by the vendor.

Any damages to the concession stand will be the responsibility of the vendor. This does not include damages that are the result of normal wear and tear to City-owned property and equipment or are the result of actions of those frequenting a park location (not through the actions of the concession stand vendor or its employees or volunteers).

Blackwater Creek Trail:

No equipment present

9. The Blackwater Creek Trail concession stand may be closed for a minimal number of specified events throughout the year related to the Cancer Awareness Garden as noted above in number 3. (Possibly on weekdays and weekends) LDPR shall provide vendor with notification of such events at least 15 days in advance to ensure compliance.

10. The sale of alcoholic beverages from the BWC – Ed Page concession stand will be strictly prohibited.

Any violation of this stipulation may result in immediate termination of the Contract.

11. The City of Lynchburg will be responsible for the cost of utilities, but the vendor will be responsible for turning off all lights, electrical appliances and water faucets and making sure the heat is set to the lowest possible setting when the stand is not in use. The exception to this would be refrigeration units or continuously running equipment should the successful Offeror choose to put them in the concession stand.

12. The vendor is not permitted to assign its rights to operate the concession stand without written permission of LDPR.

13. As noted above, vendor shall submit to LDPR a quarterly list of the menu items being sold at BWC – Ed

Page. (including pricing) Vendor shall also submit a quarterly schedule of operating hours to LDPR and the vendor shall conform to the scheduled hours of operation.

General Requirements:

1. The successful vendor and their employees will be expected to abide by all laws of the Commonwealth of Virginia, City of Lynchburg Ordinances, park rules, business licensing, and Virginia Public health food service requirements.

2. The successful vendor is to provide its employees T-shirts or polo-style shirts that identify the workers as employees of the vendor. When working at a City of Lynchburg location, the vendor’s employees must comply with the City of Lynchburg Dress Code as outlined below from the City of Lynchburg’s

Employment Policies and Procedures Manual Revised October 2016:

IX. Dress Code

A. The City of Lynchburg is a public service delivery organization and expects all employees to dress appropriately for a business environment and in keeping with their work assignments. Public image plays an important role in developing and maintaining support for the organization and appearance that maintains the confidence and respect of the citizens of Lynchburg is important to effective City operations.

B. Department Directors shall establish clear expectations according to the guidelines contained in this policy. Each employee must exercise good judgment and professional decision-making and comply with departmental expectations. In all cases, safety is paramount and no clothing, jewelry or accessories are allowed that might impact safe operations. This policy establishes a set of guidelines to be used across departmental lines. The following list is not intended to include every possible scenario but presents guidelines for employee and supervisory decisions.

1. Clothing, jewelry and accessories must not create a safety hazard for the employee or others.

2. All clothing must be in good condition without holes, excessive wear or staining from use or design.

3. Clothing may not display implied or stated profanity.

4. Clothing may not display advertisements or logos for alcohol, tobacco products and/or illegal, racial or sexual connotations.

5. Employees shall be clean, well-groomed and demonstrate acceptable personal hygiene.

6. Appropriate undergarments must be worn.

7. Employees shall not normally wear jewelry in facial and/or tongue piercing(s).

8. Excessive or offensive (profanity, nudity, illegal acts, racial/ethnic slurs) tattoos must not be visible.

9. Appropriate footwear must be worn.

3. All vendor employees must be administered and pass a CPS background check. The City is willing to conduct background checks for the successful Offeror. The cost for such shall be incurred and paid in advance by the vendor and shall not exceed $20.00 per employee.

a. Certification by Vendor as to Convictions for Felonies and Other Crimes

No one with a violent felony conviction or a conviction for any offense involving the sexual molestation or physical or sexual abuse or rape of a child may be employed under this contract and by the signature of its authorized official on the response to this solicitation, the vendor certifies that neither the contracting official nor any of the vendor’s employees, agents or subcontractors who will work under this contract have been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child. Non-violent felony convictions shall be reviewed by City staff on a case-by-case basis to determine suitability to work on City property.

Vendor further acknowledges that such certification through signature shall be binding on the vendor throughout the term of any contract, including renewals or extensions thereof, and agrees to provide immediate notice to the City of Lynchburg of any event which might render such certification ultimately untrue, including arrest, indictment, or investigation of any individual providing such services. Vendor also acknowledges that making a materially false statement on this certification or failing to notify the City of Lynchburg when such certification may become untrue may result in immediate cancellation of the contract.

4. Contact information for a vendor site supervisor shall be provided to the LDPR staff. A vendor site supervisor will be available for contact either in person or by phone during all operating hours.

5. In the event that an issue should arise on City Property, the LDPR staff maintains the authority to control the issue as deemed necessary. Contact will be made with the site supervisor and/or owner before, during, or after the time the issue is being addressed depending upon the urgency of the situation.

6. The vendor is responsible for keeping the concession site clean and providing daily clean-up and trash removal. Arrangements will be made by LDPR for City Public Works to secure trash at the Black Water

Creek Trail/Bikeway.

7. The vendor shall not dispose of cardboard boxes in City dumpsters. They are to be broken down and transported to a public recycling site when discarding them is necessary.

8. Offerors shall provide a timeline of services implementation. What is the anticipated timeframe once a contract is signed to stock items, set up necessary equipment, and staff the concession stands. This information shall be noted in Section -2 Scope of Services Approach of the submitted proposal.

Product Requirements:

1. Throughout the duration of the contract, all products being offered by the vendor will be subject to prior and ongoing approval from the LDPR. Vendor shall seek prior approval from the LDPR for all items used as ‘substitutions’ of previously approved items.

2. Menu items – Offerors shall submit a list of proposed menu items that would be available for purchase (including the prices associated with each item) for each of the respective concessions sites associated with their proposal. The list of items and prices is non-binding. This listing shall be noted in Section -2 Scope of Services Approach of the submitted proposal.

Financial Requirements:

1. The two most-recent years of year-end financial records demonstrating financial soundness shall be submitted as part of the proposal.

2. Sales information including revenues and quantities sold will be provided to the City upon request.

3. Rent

a. Rent of the concession facility shall be at a price negotiated between the City and the successful vendor. Vendors shall provide what they believe to be a fair rental price in their proposal. Please provide a monthly rental fee for both in-season and off-season. This can be noted in Section 5 Pricing of the proposal. (If the concession stand is used less than the full month, the monthly rental fee will not be pro-rated by LDPR.)

1. Black Water Creek Trail/Bikeway:

$________ / month in - season (March 1st – October 31st)

$________ / month off - season (November 1st – February 28th)

b. How rent will be billed (monthly, quarterly, or annually) will be determined during the negotiation phase of this RFP process.

1. All rent billed will have a net 30 days due date.

2. The City does not intend to bill the vendor for rent once operations have ceased for the season. (should the City and vendor agree to closure of the facility in some of the off-season months.) The vendor will give notice of 20 days prior to their intended closure date for the season.

3. The City of Lynchburg reserves the right to review the rental rates annually and discuss an adjustment with the vendor at the time of renewal.

Physical Building Requirements:

1. The vendor is responsible for securing the concession facility, including any items or equipment utilized by the vendor. The City of Lynchburg will assume no responsibility in regards to vendor equipment or items located at the City’s concessions locations.

2. All site signage and advertising must be approved by the Park Services Manager and should be tasteful, reasonably discreet, and should not deter from the atmosphere of the individual concession location.

3. Tenant improvement – vendors shall list any and all desired improvements to the concession facility in their proposals. Include items such as: seating, power, water, security, etc. It is to be understood that any modifications or improvements desired by the vendor shall be installed at the sole expense of the vendor and requires advance written approval from the LDPR staff. All improvements shall become the property of the City of Lynchburg upon completion of the installation provided that the vendor shall be entitled to utilize the modifications and improvements as long as an active contract is in effect for food and beverage concessions between the vendor and the City. This list of improvements shall be noted in Section -2 Scope of Services Approach of the submitted proposal.

4. Hours of Operation – Offerors shall outline the proposed hours of operation for each the concession facility. This outline is non-binding to the Offeror and will likely be adjusted throughout the course of the negotiation process. The outline shall be noted in Section -2 Scope of Services Approach of the submitted proposal.

V. PROPOSAL PREPARATION

Proposals must address the items included in the Scope of Services and the Criteria for Proposal Evaluation.

Proposals should be prepared simply, providing straightforward and concise responses to requests for information and descriptions of qualifications and capabilities. Responses shall be limited to no more than 30, one sided, or

15 double sided pages including all other materials, but, excluding the cover. Each copy of the proposal must be bound with all documentation in a single volume where practical. Failure to do so will result in a lowered evaluation. Incomplete proposals may be determined nonresponsive. Proposals with extraneous information or staff will receive lower ranking.

Offerors should organize their proposals using the format described below:

Title Page

Furnish the REQUEST FOR PROPOSALS TITLE PAGE and include it as the first page of the 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.

Offers should acknowledge receipt of addenda on the title page. Failure to do so may result in the proposal being deemed non-responsive.

Section 1 - Project Understanding & Methodology

Briefly describe the understanding of the requested services and the methods of providing the required services.

Section 2 – Scope of Services Approach

Detail the proposed approach to the Scope of Services and how the vending services would be accomplished.

Explain how the services will be delivered, the steps anticipated in delivering the services, and indicate a timeline to implement the requested services. In this section of the proposal, Offerors should include any intention for tenant improvements, a defined schedule for hours of operation at the concession stand, and the proposed list of menu items and their associated prices as noted in the ‘Requirements’ sections of this RFP.

Section 3 – Offeror Experience & Personnel

Describe the Offeror’s background and specific experiences in the food and beverage concessions delivery industry. Include a brief statement of the Offeror's professional competence, technical capabilities and qualifications. Experience is preferred from Offerors who have provided concessions services to private or government entities of a similar size and scope.

Indicate the project manager and/or key individuals with a proposed role in the service delivery and include a delivery team organization chart.

For each key individual involved, emphasize their role on the proposed delivery of services, their corporate affiliation (if applicable), and include a resume detailing related experience in working with similar contracts and local governments/private organizations. Include their educational background and experience as directly related to their assigned duties under the proposed contract.

Resumes of individuals who will not be directly involved with the proposed project should not be included.

Resumes for staff of sub-consultants should be included in the same format as those for the prime consultant.

Provide a brief summary of the reasons that the Offerors believe themselves to be the most qualified for this requested delivery of services.

Section 4 - References

Provide a list of at least three clients for whom the Offeror has had success in providing food and beverage concessions services. Include client name, dates when the service was provided, brief description of the size and scope of the services performed, individual contact name, address, telephone number, and e-mail address.

Section 5 - Pricing

Outline a proposed estimate for the monthly rental of the concession stand. $__________ per month in-season

(March 1st – October 31st) and $___________ per month off-season (November 1st – February 28th) to rent the facility. The fee is a non-binding estimate.

VI. PROPOSAL EVALUATION AND AWARD

The following criteria will be utilized in evaluating proposals:

A. Demonstrated understanding of the services to be delivered. (20%)

B. Proposed approach to achieve Scope of Services and feasibility of timeline. (20%)

C. Demonstrated competency of vendor’s experience and qualifications of the assigned staff in providing services; including previous experience with government/private entities of a similar size and scope. (20%)

D. Products and items to be offered for sale including nutritional items; cost of items offered. (20%)

E. Conciseness and clarity of proposal. (10%)

F. Pricing given for the rental of the concession site. (10%)

Method of Award

Following evaluation of the written proposals as submitted, presentations shall be held prior to selection. The opportunity to present shall be made to two 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, and respondents ranked 1, 2, 3 or more. Upon completion of the presentations the selection committee shall select the number 1 ranked firm and the City shall begin negotiations with that firm in an attempt to reach an agreement to provide the services. Price shall be considered, but need not be the sole determining factor. If after negotiations have been conducted with the top ranked firm, an agreement cannot be reached, negotiations will be terminated with that firm, and negotiations shall begin with the firm ranked number 2. This procedure will continue until an agreement is reached or negotiations are terminated and the services re-solicited. At any stage of the selection process should the City determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that Offeror.

Notice of Award will be posted on the City’s web site: https://www.lynchburgva.gov/notices-award.

VII. CONTRACT TERM

The Contract shall cover the period from October 1, 2026, through September 31, 2027.

This Contract may be renewed at the expiration of the initial term upon mutual agreement of both parties. The renewal may be for an additional one (1) year period for a total of four (4) additional one (1) year periods. Unless otherwise agreed to by the parties or as may be required by law, any renewal shall be based on the same prices, terms, and conditions as the initial term.

VIII. GENERAL TERMS AND CONDITIONS

The Contract for Services (“Contract” or “Agreement”) with the successful Offeror will contain the following Terms and Conditions. Offerors taking exception to these terms and conditions or intending to propose additional or alternative language must (a) identify with specificity the City Terms and Conditions to which they take exception or seek to amend or replace; and (b) include any additional or different language with their proposal. Failure to both identify with specificity those terms and conditions Offeror takes exception to or seeks to amend or replace as well as to provide Offeror’s additional or alternate Contract terms may result in rejection of the proposal.

https://www.lynchburgva.gov/notices-award

A. Subcontracting and Assignment of Work

The Operator shall not subcontract or assign portions of the work, other than those specifically defined in the contract, without the express written consent of the City. A description of any work the Offeror proposes to subcontract shall be submitted to the City for review and approval along with the name and address of the individual, firm, or corporation that is the proposed subcontracting firm. This submittal shall also include a list of the key personnel that the subcontractor will assign to the project. All work performed by any subcontractor shall be coordinated by the Operator who shall be responsible to the City for all work performed by any subcontractor or special consultant.

B. Independent Successful Firm

The Operator is an independent firm and nothing contained in a subsequent contract shall constitute or designate such firm or any of its agents or employees as employees of the City.

C. Notification

Any notice required by the contract shall be effective if given by registered mail, return receipt requested, to the Operator in the name and at the address given in its proposal submission; provided that change of address shall be effective if given in accordance with this paragraph. Unless otherwise specified, any notice to the City shall be given to the City of Lynchburg, Procurement Manager, 900 Church Street, Lynchburg, VA 24504. The Operator agrees to notify the City immediately of any change of legal status or of address. Any notice provided in accordance with this paragraph shall be deemed to have been completed five calendar days after the date of mailing.

D. Cooperative Procurement

As authorized in § 2.2-4304 of the Code of Virginia, this procurement is being conducted on behalf of and may be used by public bodies, agencies, institutions and localities of the several states, territories of the United States, and the District of Columbia with the consent of the Operator.

E. Termination

Subject to the provisions below, the contract may be terminated by the City upon thirty (30) days advance written notice to the Operator; but if any work or service hereunder is in progress, but not completed as of the date of termination, then the contract may be extended upon written approval of the City until said work or services are completed and accepted. All information and materials gathered and/or prepared by or for it under the terms of the contract shall be delivered to, become and remain the property of the City. The City shall have the right to use and reproduce the data and reports submitted hereunder, without additional compensation to the Operator.

Termination for Convenience: The City may terminate this contract for convenience at any time in which the case the parties shall negotiate reasonable termination costs.

Termination for Cause: In the event of Termination for Cause, the thirty (30) days advance notice is waived and the Operator shall not be entitled to termination costs.

Termination Due to Unavailability of Funds in Succeeding Fiscal Years: If funds are not appropriated or otherwise made available to support continuation of the performance of this Contract in a subsequent fiscal year, then the Contract shall be canceled and, to the extent permitted by law, the Operator shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the supplies or services delivered under the Contract.

F. Laws and Regulations

The Operator shall abide by all Federal, State and Local laws and regulations governing the provision of the services called for in the contract. The Operator shall give notice and comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the work.

By entering this Contract, the Operator certifies that it does not and will not during the performance of this Contract violate the provisions of the Federal Immigration Reform and Control Act of 1986, which prohibits employment of illegal aliens.

This contract shall be governed and construed in all respects by its terms and by the laws of the Commonwealth of Virginia. Any legal proceedings arising out of or related to this contract shall be filed by the parties in the City of Lynchburg General District Court or the Lynchburg Circuit Court.

G. Additional Services

The City may add to the Scope of Services any services of a similar nature to those specified in the Scope of Services of this Request for Proposals as mutually agreed to at a price mutually agreed upon.

H. Severability

Each paragraph and provision of the resultant contract will be severable from the entire contract and if any provision is declared invalid, the remaining provisions shall remain in effect.

I. Licenses and Permits

The Operator shall secure and pay for all permits, governmental fees and licenses necessary for the proper execution and completion of the work which are legally required prior to and during the work. The City will not charge for any permits required by the City of Lynchburg.

J. Nondiscrimination

If the resultant contract exceeds $10,000, during the performance of the contract, the Operator agrees as follows:

a. The Operator 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 Operator. The Operator agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

b. The Operator, in all solicitations or advertisements for employees placed by or on behalf of the Operator, will state that such Operator is an equal opportunity employer.

c. 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.

d. The Operator will include the provisions of the foregoing paragraphs a, b and c in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontracted firm or vendor.

K. § 2.2-4311.4. PROCUREMENT OF IMPORTED GOODS; FORCED AND INDENTURED CHILD LABOR PROHIBITION:

a. For the purposes of this section, "forced or indentured child labor" means all work or service (i) exacted from any person younger than 18 years of age under the menace of any penalty for the nonperformance of such work or service and for which such person does not offer himself voluntarily or (ii) performed by any person younger than 18 years of age pursuant to a contract the enforcement of which can be accomplished by process or penalties.

b. A public body that enters into a public contract for goods or services that exceeds $10,000 shall include in such a public contract provisions (i) prohibiting the use of forced or indentured child labor in the performance of the contract and (ii) requiring that the contractor include such prohibition in every subcontract or purchase order that exceeds $10,000, so that the prohibition will be binding upon each subcontractor or vendor.

L. Contractual Claims

Any claims by the Operator or anyone claiming on the Operator’s behalf against the City arising under or relating to a contract shall only be resolved as specified in the City’s Procurement Ordinance, Sec. 18.1-7, ensuring timely notice of the claim.

The Operator shall give the City written notice of any claim within ten (10) days of the beginning of the occurrence of the event leading to the claim being made. The written notice shall be a document from the Operator addressed to the City official or employee designated by the contract to receive such notice, or if no one is so designated, to the City Manager. The written notice shall clearly state the Operator’s intention to make a claim, shall describe the occurrence involved, and shall be transmitted in a manner to ensure receipt by the City. The Operator shall submit the claim and any supporting data to the City within thirty (30) days after the occurrence giving rise to the claim ends. The burden shall be on the Operator to substantiate that it has given written notice and submitted its claim in accordance with this provision.

M. Indemnification

To the fullest extent permitted by law, the Operator, for itself, heirs, representatives, successors and assigns agrees to save, defend, keep harmless and indemnify the City and all of its officials, agents and employees (collectively, the "City") from and against any and all claims, loss, damage, injury, costs (including court costs and attorney's fees), charges, liability or exposure, however caused, resulting from, arising out of or in any way connected with the Operator's performance (or nonperformance) of the contract terms or its obligations under this contract.

N. Contract Assignment

The resultant contract may not be assigned, in whole or part, without the written consent of the City. The rights and obligations of the Operator are personal and may be performed only by the Operator. Any purported assignment that does not comply with this provision is void. This contract is binding upon and inures to the benefit of the parties and their respective permitted successors and assigns.

O. Royalty and License Fees and Copyright, Trademark and Patent Protection

The Operator shall pay all royalty and license fees relating to the items covered by the contract. In the event any third party shall claim that the manufacture, use and sales of these goods offered hereby constitutes an infringement of any copyright, trademark, or patent, the Offeror shall indemnify and hold harmless the City from any cost, expense, damage or loss incurred in any manner by the City on account of such alleged infringement.

P. Precedence of Documents

The precedence of documents shall be as follows: the CONTRACT, the Request for Proposals and the Offeror’s response to the Request for Proposals.

Q. Insurance

The Operator shall be required to maintain in force such insurance, in amounts acceptable to the City, as will protect it and the City from claims which may arise out of or result from the execution of the work, whether such execution be by the firm, its employees, agents, subcontractors or by anyone for whose acts any of them may be liable. This coverage should include, at a minimum, Worker's Compensation and General Liability (including premises/operations, independent successful firms, products and completed operations, contractual liability and personal injury liability). All insurance shall be provided by companies authorized to conduct business in the Commonwealth. The Operator shall furnish the City with an original Certificate of Insurance upon request. The Certificate should name the City as additional insured under their General Liability coverage. The Operator shall notify the City at least 30 days prior to policy cancellation, non-renewal or reduction of coverage.

R. Administrative Appeals Procedure

(a) The following are the exclusive procedures for a bidder or offeror to protest the city's award or decision to award a contract.

(1) Any protest to award a contract shall be in writing and shall be delivered so that it is received by the city manager not later than five (5) business days after announcement of the award or decision to award, whichever comes first. Otherwise any such protest shall be deemed to be waived.

(2) Except for a protest of an emergency or sole source procurement, a protest of a city award or decision to award a contract may only be made by a person who submitted a bid or proposal for the procurement at issue and who was reasonably likely to have its proposal accepted but for the city's decision. In the case of an emergency or sole source procurement, a protest may only be made by a person who can show that he was reasonably likely to have submitted a successful bid or proposal if the procurement had been other than emergency or sole source.

(3) Protests shall only be granted if (1) the protester has complied fully with this Sec. 18.1-6 and there has been a violation of law, the Lynchburg public procurement code, or mandatory terms of the solicitation that clearly prejudiced the protestor in a material way, or (2) a statute requires voiding of the decision.

(4) The city manager shall issue a written decision on a protest within ten (10) days of its receipt by the city manager.

(5) If the protest is denied, the protestor may only appeal the denial or otherwise contest or challenge procurement by then filing suit in the Lynchburg circuit court, Lynchburg, Virginia, and serving the city with such suit within ten (10) days of such denial. Otherwise, the city manager's decision shall be final and conclusive, and the protester's right to appeal the denial or to otherwise contest or challenge the procurement shall be deemed to be waived.

(6) The city should defer award of a contract where the decision to award has been protested unless there is a written determination by the city manager that proceeding without delay is necessary to protect the public interest or unless the bid or offer of the prospective awardee would expire.

(7) The validity of a contract awarded and accepted in good faith shall not be affected by the fact that a protest or appeal is filed.

(8) The exclusive relief allowed if a protest is granted is to void the decision being protested. If a contract has already been awarded and performance under the contract has begun, the contract need not be voided if not in the public interest to do so. Under no circumstances will any monetary amount be allowed to the protestor as part of any relief granted.

(9) Strictly following these procedures shall be a mandatory prerequisite for protest of the city's award or decision to award a contract. Failure by a bidder to follow these procedures strictly shall preclude that bidder's protest and be deemed to constitute a waiver of any protest.

(b) A protest may not be based upon the alleged non-responsibility of a person to whom the city awards or makes a decision to award a contract.

S. Drug Free Workplace

In accordance with Sec 2.2-4312 of the Virginia Code, during the performance of this contract, the Operator agrees to (i) provide a drug-free workplace for the Operator’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 the Operator’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Operator that such Operator maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

Successful firm shall not use, possess, manufacture, or distribute alcoho1 or illegal drugs during the performance of the contract or while on City premises or distribute it to City employees.

Successful firm understands that a violation of these prohibitions constitutes a breach of the contract and that the City has the right cancel the contract.

For the purpose of this section, “Drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a firm, the employees of which 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.

T. Confidentiality

1. Operator Confidentiality

The Operator acknowledges and understands that its employees may have access to proprietary, business information, or other confidential information belonging to the City of Lynchburg. Therefore, except as required by law, the Operator agrees that its employees will not:

a) Access or attempt to access data that is unrelated to their job duties or authorizations as related to this Contract.

b) Access or attempt to access information beyond their stated authorization.

c) Disclose to any other person or allow any other person access to any information related to the City or any of its facilities or any other user of this Contract that is proprietary or confidential. Disclosure of information includes, but is not limited to, verbal discussions, FAX transmissions, electronic mail messages, voice mail communication, written documentation, “loaning” computer access codes and/or another transmission or sharing of data.

The Operator understands that the City, or others may suffer irreparable harm by disclosure of proprietary or confidential information and that the City may seek legal remedies available to it should such disclosure occur.

Further, the Operator understands that violations of this provision may result in Contract termination.

The Operator further understands that information and data obtained during the performance of this contract shall be considered confidential, during and following the term of this Contract, and will not be divulged without the Purchasing Agent’s written consent and then only in strict accordance with prevailing laws. The Operator shall hold all information provided by the City as proprietary and confidential, and shall make no unauthorized reproduction or distribution of such material.

2. City Confidentiality

The City understands that certain information provided by the Operator during the performance of this Contract may also contain confidential or proprietary information. Operator acknowledges that this Contract and public records (as defined by §2.2-3701 of the Virginia Freedom of Information Act) provided pursuant to this Contract are subject to the Virginia Freedom of Information Act §§2.2-3700 et seq. and the Virginia Public Procurement Act §2.2- 4342 of the Code of Virginia.

U. The Operator shall devote such part of its time as is reasonably necessary to the operations outlined under the resultant contract. The Operator may engage in business ventures of a nature and description independent of this Contract with the City. The Operator is required to disclose immediately any outside activities or interests, as they arise, that conflict or suggest a potential conflict with the declared or stated interests of the City. The Operator is required to disclose all local government clients and must attest that work for those clients will not conflict with the interests of the City. The City reserves the right to object to such attestations. If such objections arise, the parties will agree to the best course of action to resolve the conflict or potential conflict.

V. The Operator shall conduct all transactions under this contract in good faith. The Operator will employ the highest ethical and professional standards at all times — failure to do so…