RFP Financing of Vehicles Equipment FY27 - Addendum 1.pdf

Addendum 1 to All Bidders:

October 7, 2026

Request for Proposals: Financing of Vehicles & Equipment

Dated: September 29, 2026

Bid Due: October 13, 2026

Reference Page 2 – The following section has been updated to reflect the correct terms for the lease/purchase.

Lease Term: This simple interest lease/purchase would be for a term of three, five, and seven years and will be repaid in three, five, and seven equal principal payments plus interest payable annually on July 1st, with the balance being renewed annually and subject to appropriation of funds. The lease/purchase financing shall carry a fixed, tax-exempt rate of interest. The fixed interest rate must be firmly fixed for the entire period of the loan, and it cannot be increased at the annual renewal dates

End Changes

Lori R. Jarratt

Assistant to the City Manger

Name of Bidder/Offeror

Signature/Title

Date

PO BOX 511, 201 SOUTH MAIN ST., EMPORIA, VA 23847 TELEPHONE: (434) 634 3332 FAX (434) 634 0003

Visit Our Website at: www.ci.emporia.va.us

CITY OF EMPORIA

201 SOUTH MAIN STREET

EMPORIA, VIRGINIA 23847

Request for Proposals

Financing of Vehicles and Equipment

Issue Date: Tuesday, September 29, 2026

Acceptance Date: Tuesday, October 13, 2026

Acceptance Time: 2:00PM Eastern Standard Time

Issuing Agency: City of Emporia

201 S. Main Street

Emporia, Virginia 23847

Procurement Contact: Lori R. Jarratt, Assistant to the City Manager

434.634.2815 (Direct) lori.jarratt@ci.emporia.va.us

Note: The City of Emporia does not discriminate against faith-based organizations in accordance with the Code of

Virginia, § 2.2-4343.1 or against an Offeror or Bidder because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment

Table of Contents Purpose

Background

Submission of Proposals

Scope of Work

Lease Term

Acquisition Period

Lease Purchase Agreement

Draw Down

Escrow Account

Key Assumptions

Contract Award

Proposal Preparation and Submission Requirements

Evaluation Process

Selection Criteria

Small, Women-Owned, Minority-Owned, and Service-Disabled Veteran-Owned Businesses

General Terms and Conditions

Vendor Data Sheet

Proof of Authority to Transact Business in Virginia

Proprietary Confidential Information Identification

Purpose

The City of Emporia, VA is issuing the Request for Proposal (RFP) seeking competitively sealed proposals from qualified licensed and insured financial institutions to furnish up to $651,565 in tax-exempt lease purchase financing of vehicles and equipment as described in Attachment A.

Background

The City of Emporia (pop. 5,700) is the southern gateway to Virginia. Just 8 miles from the North

Carolina line, it is the first municipality on I-95 heading into Virginia. Emporia is an hour's drive

(65 miles) from the Capital City of Richmond, three hours' drive (180 miles) from the Nation's

Capital, Washington, D.C.

Submission of Proposals

Each offeror shall respond to this solicitation by mail, hand delivery, or by using the

Commonwealth of Virginia’s electronic procurement portal (eVA) no later than 2:00 p.m., Tuesday, October 13, 2026.

1. Sealed proposals can be mailed or hand-delivered to:

Lori Jarratt, Assistant to the City Manager

201 South Main Street

Emporia, Virginia 23847

The outside of the envelope must be clearly marked “RFP-Financing of Vehicles”

2. Proposals can be submitted electronically on eVA; however, bidders must be registered in eVA to do so.

The following are instructions for submitting an electronic proposal:

1. Go to www.eva.virginia.gov;

2. Click on “I sell to Virginia;”

3. Click on “eVA Supplier Training;” and

4. Click on “Viewing and Responding to Solicitations Video.”

If an Offeror needs assistance submitting an electronic response, the Offeror must contact eVA Customer Care at 866-289-7367 or email eVACustomerCare@dgs.virginia.gov.

Question regarding this RFP should be sent to: Lori R. Jarratt, Assistant to the City Manager at lori.jarratt@ci.emporia.va.us. Questions will not be accepted after 1:00PM (EST) on Friday, October 9, 2026.

Scope of Work

The City of Emporia is seeking competitively sealed proposals from qualified licensed and insured financial institutions to furnish up to Six Hundred Fifty-One Thousand, Five Hundred Sixty-Five and No/100 ($651,565) in lease/purchase financing of the vehicles and equipment identified in

Attachment A.

mailto:eVACustomerCare@dgs.virginia.gov.

Lease Term

This simple interest lease/purchase would be for a term of three, five, and seven years and will be repaid in three, five, and seven equal principal payments plus interest payable annually on July

1st, with the balance being renewed annually and subject to appropriation of funds. The lease/purchase financing shall carry a fixed, tax-exempt rate of interest. The fixed interest rate must be firmly fixed for the entire period of the loan, and it cannot be increased at the annual renewal dates.

Acquisition Period

The City of Emporia anticipates a closing date on or about November 13, 2026.

Lease Purchase Agreement

The awarded Offeror will execute a Lease Purchase Agreement and associated documents with the

City of Emporia, VA, subject to the terms and conditions of this RFP, as applicable. At a minimum, the Lease Purchase Agreement shall be subject to the following requirements:

a. The Lease Purchase Agreement will not, in any way, convey exclusive financing rights to the Offeror and will permit the City of Emporia to enter into other financing arrangements, including vendor financing, in addition to the financing to be provided under the Lease Agreement. The City of Emporia may pursue such financing outside the Lease Purchase Agreement, in its discretion to the extent it can obtain more favorable terms and conditions.

b. Neither the Lease Purchase Agreement, nor associated documents, shall require the City of Emporia, its officers, employees, or agents, to indemnify, release, defend against, or hold the Offeror or its agents harmless for claims, liabilities, losses, actions, suits or proceedings at law or in equity, or any other reasonable expense, fees or charges of any character or nature arising from the

Offeror, or its agents, acts or omissions.

c. The Lease Purchase Agreement shall be subject to the laws of the

Commonwealth of Virginia.

Draw Down

The full amount of the Lease Purchase Agreement is expected to be available over the term of the lease. Offerors shall specify any provisions that allow them to reduce the maximum amount of the lease or terminate future draws, e.g., rating changes, etc.

Escrow Account

It is expected that the Offeror will establish an escrow account and pay interest at the current rate on the escrow account until such time as the escrow account is closed, but no later than eighteen (18) months from establishment of the account.

Proposals must remain firm for sixty (60) days from the date of submission.

Key Assumptions

Finance Amount: Not to exceed $651,565

Purpose: Finance purchase of vehicles and equipment as described in

Attachment A

Tax Treatment: Tax-Exempt

Bank Qualification: Bank Qualified

Security: Lease Purchase Agreement and a security interest in the purchased vehicles and equipment. The City’s undertaking to make lease payments will be subject to annual appropriation by City Council.

Term: Proposal not to exceed years as indicated in Attachment A. All equal payments

Amortization: Fully Amortizing over the term

Payment Mode: Annually on July 1st with the first payment expected to be no later than July 1, 2027

Interest Rate: May not exceed 5.0 % per year

Drawdown: Drawing of all funds at closing. Please specify any escrow requirements

Bank Closing Costs: The City of Emporia does not expect to pay any bank closing costs.

Annual Fees: The City of Emporia does not expect to pay any annual fees, unless there are any fees associated with an escrow arrangement which the city accepts.

Prepayment: Pre-payable no later than 1 year from the date of the first payment upon no more than 30 days’ notice at a redemption price no more than 101% of the principal component of the payment plus accrued interest.

Contract Award

The award, if any, will be made to the responsive and responsible Offeror(s) that meets or exceeds the scope of work and conditions of the RFP, that offers the best value, and is determined to be the most advantageous to the City of Emporia.

The City of Emporia, VA reserves the right to award the proposal in total, by item, or by group of related items.

The City of Emporia, VA reserves the right to make multiple awards as a result of this solicitation.

The City of Emporia reserves the right to reject any and all proposals in whole or in part, to waive technical defects, irregularities, and omissions if in its judgment the best interest of the city will be served.

The City of Emporia does not discriminate against any faith-based organizations.

Proposal Preparation and Submission Requirements

Proposal Preparation

a. An authorized representative shall sign the proposal. All information requested should be submitted. Failure to submit all information requested may result in the City of

Emporia requiring prompt submissions of missing information and/or given a lowered evaluation of the proposal. Proposals which are substantially incomplete or lack key information may be rejected. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

b. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content.

c. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph of the corresponding section of the RFP.

d. Each copy of the proposal should be bound or contained in a single volume where practical. All documentation submitted with the proposal should be contained in that single volume.

e. Ownership of all data, materials and documentation originated and prepared for the

City of Emporia pursuant to the RFP shall belong exclusively to the City of Emporia and be subject to public inspection in accordance with the Virginia Freedom of

Information Act. Trade secrets or proprietary information submitted by the Offeror shall not be subject to public disclosure under the Virginia Freedom of Information

Act; however, the Offeror must invoke the protection of Va. Code § 2.2-4342(F), using

Attachment C, either before or at the time the data is submitted.

Required Proposal Materials

Proposals should be as thorough and detailed as possible so that the City of Emporia may properly evaluate the Offeror’s capabilities to provide the required financing. Offerors are required to submit the following items:

1. Amortization Schedule including interest rate on lease/purchase and any conditions and costs associated with the escrow account (Reference Exhibit A).

2. Certification as to availability of funds.

3. Conditions attached to the funds.

4. Any additional costs for which the City of Emporia would be liable under the financing arrangement. The City of Emporia will not be responsible for any costs not identified herein.

5. Proposed lease/purchase agreement and all related documents including escrow agreement.

6. Evidence of satisfaction of insurance requirements for lease/purchase items.

7. Forms – All forms required to be submitted under this RFP must be included in the Proposal: Vendor Data Sheet, Proof of Authority to Transact Business in

Virginia, and Proprietary Information.

Evaluation Process

A. A proposal review committee will be established to review and evaluate all proposals submitted in response to the Request for Proposal. The committee shall conduct a preliminary evaluation of all proposals based on the information provided with Offeror’s proposal and the evaluation criteria listed below.

B. Selection shall be made of two or more Offerors deemed to be fully qualified and best suited among those submitting proposals based on the evaluation factors included in the

RFP, including price, if so stated in the RFP. Negotiations shall be conducted with the

Offerors so selected. Price shall be considered but need not be the sole determining factor.

After negotiations have been conducted with each Offeror so selected, the City of

Emporia shall select the Offeror(s) which, in its opinion, has made the best proposal, and shall award the contract to that Offeror(s), subject to approval by the City Council of the

City of Emporia, VA.

C. Should it be determined in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified and suitable than the others under consideration, a contract with that offeror may be negotiated and recommended for award to City Council.

D. Acceptance or Rejection: The City of Emporia reserves the right to accept or reject any or all proposals, in whole or in part, to take exception to any RFP specifications, to make an award based solely on the proposals received or to negotiate further with one or more offers. Failure to comply with the RFP by an Offeror may be grounds for the exclusion of such Offeror from further consideration by the City of Emporia.

Selection Criteria

Proposals will be evaluated, based on the Evaluation Criteria listed below, by the City of Emporia using the requirements of this RFP and the following criteria. The firm selected will be required to demonstrate its ability to provide the services required effectively with complete impartially and without any conflict of interest.

Evaluation Criteria

1. Financial Information

Proposals will be evaluated based on the Offeror’s proposed interest rate – 40%

2. Capability and Skills

Proposals will be evaluated based on whether the Offeror can provide the requested financing promptly or within the time period specified, without delay or interference – 20%

3. Related Experience

Offeror’s experience in providing lease purchase financing for local government entities of similar size and scope of this RFP – 20%

4. Conditions of Lease Purchase

The number, scope, and type of conditions of the lease, lease purchase agreement, and associated documents – 20%

Small, Women-Owned, Minority-Owned, and Service-Disabled Veteran-Owned Businesses

It is the intent of the City of Emporia to undertake every reasonable effort to facilitate the participation of small businesses; businesses owned by woman, minorities, and service-disabled veterans; in all aspects of procurement to the maximum extent feasible. The City of Emporia shall rely on the accuracy of the certified vendors listed on the Virginia Department of Small Business and Supplier Diversity (DSBSD) Directory.

General Terms and Conditions

Bids/Proposals issued by the City will bind bidders/offerors to the applicable conditions in the General Terms and Conditions and Instructions to Bidders/Offerors unless otherwise specified in the solicitation and subject to applicable state, local, and federal laws.

Bidders/Offerors or their authorized representatives should inform themselves fully as to the conditions, requirements, and specifications of each city procurement before submitting bids/proposals. Failure to do so will be at the bidder/offeror’s own risk and relief cannot be secured on the plea of error.

Acceptance: The City has the sole responsibility and authority for negotiating, placing and, when necessary, modifying every solicitation, contract and purchase order issued by the City of Emporia, VA. Unless specifically delegated by the City, no other City officer or employee is authorized to enter into purchase negotiations or contracts, or in any way obligate the government of the City of Emporia, VA for an indebtedness. Any purchase ordered or contract made which is contrary to these provisions and authorities shall be of no effect and void and the City shall not be bound thereby.

Addenda: Any and all changes will be made in writing by addendum. All addenda issued will become part of the bid.

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.

Applicable Law and Courts: This procurement transaction, and 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 Greensville County Circuit Court of the Commonwealth. The contractor shall comply with applicable federal, state and local laws and regulations.

Assignment of Contract: Neither party shall assign or transfer this contract and/or purchase order without the prior written consent of the City, which may be withheld at the City’s sole and exclusive discretion.

Authorization to Conduct Business in the Commonwealth of Virginia: A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Any business entity described that enters into a contract with the city pursuant to this chapter shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under

Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract.

Availability of Funds: A contract shall be deemed in force only to the extent of availability of annual appropriation by the City for the purchase of such goods and/or services. The City’s extended obligations on contracts that include funding through successive fiscal periods shall be contingent upon actual appropriations for the successive periods (additional years).

Award:

Competitive Sealed Bids: Shall be awarded to the lowest responsive and responsible bidder. Evaluations will be based on net prices. Unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern. The City reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award.

The right is reserved to make a separate award of each item, a group of items or all items, and to make an award either in whole or in part, whichever is deemed in the best interest of the City. The award or awards will be made to the lowest responsive, responsible bidder or bidders as applicable.

Competitive Negotiation [if applicable]:

Non-Professional Services: Selections shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposals, including price, if so stated in the Request for Proposals.

Negotiations shall be conducted with the offerors so selected. Price shall be considered but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, the agency shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror. The City reserves the right to make multiple awards as a result of the solicitation.

The City may cancel Request for Proposals or reject proposals at any time prior to an award and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous in accordance with the Code of Virginia, § 2.2-4359D. 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. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor’s proposal as negotiated.

Professional Services: The City shall engage in individual discussions with two or more offerors deemed fully qualified, responsible, and suitable on the basis of initial responses and with emphasis on professional competence, to provide the required services. Repetitive informal interviews shall be permissible. Such offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project, as well as alternative concepts. At the discussion stage the public body may discuss non-binding estimates of total project costs, including, but not limited to, life-cycle costing, and, where appropriate, non-binding estimates of price for services. Proprietary information from competing offerors shall not be disclosed to the public or to competitors. At the conclusion of the informal interviews, on the basis of evaluation factors published in the Request for

Proposals and all information developed in the selection process to this point, the purchasing agency shall select, in the order of preference, two or more offerors whose professional qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted, beginning with the offeror ranked first. If a contract satisfactory and advantageous to the City can be negotiated at a price considered fair and reasonable, the award shall be made to that offeror. Otherwise, negotiations with the offeror ranked first shall be formally terminated and negotiations conducted with the offeror ranked second, and so on, until such a contract can be negotiated at a fair and reasonable price. The City reserves the right to make multiple awards as a result of this solicitation. 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 and suitable than the others under consideration, a contract may be negotiated and awarded to that offeror.

Changes to the Contract: Changes can be made to the Agreement in any of the following ways:

a. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract. No fixed price contract may be increased by more than twenty-five percent (25%) of the amount of the contract or $50,000, whichever is greater, without the advance approval of the City Manager or designee, and under no circumstances may the amount of this contract be increased, without adequate consideration, for any purpose (including, but not limited to, relief of the Contractor from the consequences of an error in its bid or offer).

b. The City of Emporia may order changes within the general scope of the contract at any time by written notice to the Contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Contractor shall comply with the notice upon receipt. The

Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the City of Emporia a credit for any savings. Said compensation shall be determined by one of the following methods:

1. By mutual agreement between the parties in writing; or

2. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the City’s right to audit the Contractor’s records and/or to determine the correct number of units independently; or

3. By ordering the Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the City of Emporia with all vouchers and records of expenses incurred and savings realized. The City of Emporia shall have the right to audit the records of the Contractor as it deems necessary to determine costs or savings.

Any claim for an adjustment in price under this provision must be asserted by written notice to the City of Emporia within thirty (30) days from the date of receipt of the written order from the City of Emporia. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes

Clause of this contract. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the City of Emporia or with the performance of the contract generally.

Clarification of Terms: The City of Emporia will assume no responsibility for oral instructions, suggestion or interpretation. Any question regarding the offer documents and/or specifications shall be directed to the City

Manager or designee and any material change will be submitted to all Offerors through issuance of an addendum. Any questions related to this solicitation MUST be submitted to the contact named in this solicitation no fewer than (7) work days prior to the bid opening or proposal closing date specified. Questions should be in writing and electronic transmission is preferred. Questions submitted beyond the time specified above may be left unanswered if sufficient time does not allow a response to all prospective Offerors without causing an unacceptable delay in the process. Any contact with any City of Emporia representative, other than that outlined within this solicitation, concerning this solicitation is prohibited. Such unauthorized contact may disqualify your firm from this procurement.

Collusive Offers: The offer of any Offeror or Offerors who engage in collusive practices shall be rejected. Any

Offeror who submits more than one offer in such manner as to make it appear that the offers submitted are not on a competitive basis from different parties shall be considered a collusive Offeror.

The City of Emporia may reject the offer of any collusive Offeror upon bid opening or proposal closing.

However, nothing in this section shall prevent an Offeror from superseding an offer by a subsequent offer delivered prior to bid opening or proposal closing which expressly revokes the previous offer.

Compliance With All Laws: Contractor shall comply with all federal, state, and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the performance of scope of work set forth herein. Contractor represents that it possesses all necessary licenses and permits required to conduct its business and will acquire any additional licenses and permits necessary for performance of this Agreement prior to the initiation of work.

The Contractor shall keep fully informed of all federal, state, and local laws, ordinances, and regulations, and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on this Agreement, or which in any way affects the conduct of the services provided by the Contractor. It shall at all times observe and comply with, and shall cause its agents, subcontractors and employees to observe and comply with, all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the City of Emporia, Virginia and its employees and appointees against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by itself or its agents, subcontractors or employees. If any discrepancy or inconsistency is discovered between this Agreement and any such law, ordinance, regulation, order, or degree, the Contractor shall immediately report the same to the City of Emporia in writing

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.

Conflict of Interest: The Bidder/Offeror certifies that to the best of his knowledge, no employee of the owner nor any member thereof, nor any public agency or official affected by the proposal, has a pecuniary interest in the business of the Offeror, and that no person associated with the Offeror has any interest that would conflict in any manner with the performance of the proposal.

Contractual Disputes: In the event that a different administrative claim resolution process is not provided in the solicitation, the following claim process shall apply. In the event of a contractual dispute, Consultant must submit a written notice of the dispute specifically entitled “notice of intent to file a claim” within ten (10) days of the occurrence on which the claim is based to the City Manager or designee. No more than thirty (30) days from the occurrence on which the claim is based, the Consultant must submit a written statement of the basis of the claim together with a proposed remedy and all supporting evidence of the claim to the City Manager or designee. The timely and complete filing of the notice and claim are a prerequisite to recovery by the Consultant, and failure to follow the claim process stated herein shall operate as a conclusive waiver of the claim by the

Consultant. Oral notice, the actual knowledge of a City employee or official, or an untimely or incomplete written notice and claim shall not be sufficient to satisfy the requirements of this provision.

The Consultant may not institute legal action prior to the receipt of a final written decision by the City Manager or designee unless the City Manager or designee fails to render a decision within ninety (90) days of the submission of the claim. Failure of the City Manager or designee to render a decision within ninety (90) days shall be deemed a denial.

The decision of the City Manager or designee shall be final and conclusive unless the Firm within six (6) months of the date of the final decision on a claim, initiates legal action as provided in Section 2.2-4364 of the Code of

Virginia.

The parties’ contract and their performance obligations shall be governed, interpreted and enforced pursuant to the laws and regulations of, and in accordance with the laws of the Commonwealth of Virginia without regard to the conflicts of law principles thereof. The Consultant shall carry on the work and adhere to the progress schedule during all disputes or disagreements with the City. No work shall be delayed or postponed pending resolution of any disputes or disagreements, except as the City and the Consultant may otherwise agree in writing.

Debarment Status: By submitting their proposals, Offerors certify that they are not currently debarred from submitting bids/proposals on contracts by the Owner, nor are they an agent of any person or entity that is currently debarred from submitting bids or proposals on contracts by the Owner or any agency, public entity/locality or authority of the Commonwealth of Virginia.

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.

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 through Friday 8:00 am – 5:00 pm unless otherwise specified or prior approval for another period has been obtained.

Disadvantaged Business Enterprises/Small, Women and Minority Business: For contracts subject to federal funding 2 C.F.R. Part 200 requirements, the Contractor, its agents, employees, assigns, or successors, and any person, firm or agency of whatever nature with whom it may contract or make an agreement, shall comply with the provisions of 49 CFR Part 26, as amended, which is hereby made part of this Agreement by reference. The

Contractor shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that DBE firms have the maximum opportunity to compete for and perform contracts and subcontracts under this Agreement. Subpart E of 49 CFR 26, Section 26.13 requires each contract signed with a contractor

(and each subcontract the prime contractor signs with a subcontractor) must include the following assurance:

The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.

Drug-Free Work Place: During performance of the contract, the contractor agrees to: (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor'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 contractor that the contractor 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.

For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this chapter, the employees of whom 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.

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.

Ethics In Public Contracting: This Contract incorporates by reference any applicable state or federal law related to ethics, conflicts of interest, or bribery, including the Virginia Conflict of Interests Act, the Virginia

Governmental Frauds Act, and the Virginia Code. Contractor certifies that its offer was made without collusion or fraud and that it has not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer, or subcontractor in connection with this solicitation, and that it has not conferred on any public employee having official responsibility for this solicitation any payment, 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 was exchanged.

E-Verify Program: Pursuant to Code of Virginia, §2.2-4308.2., any employer with more than an average of

50 employees for the previous 12 months entering into a contract in excess of $50,000 with any agency of the

Commonwealth to perform work or provide services pursuant to such contract shall register and participate in the E-Verify program to verify information and work authorization of its newly hired employees performing work pursuant to such public contract. Any such employer who fails to comply with these provisions shall be debarred from contracting with any agency of the Commonwealth for a period up to one year. Such debarment shall cease upon the employer’s registration and participation in the E-Verify program. If requested, the employer shall present a copy of their Maintain Company page from E-Verify to prove that they are enrolled in E-Verify.

Gifts By Offeror, Contractor or Subcontractor: No bidder, 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.

Immigration Reform and Control Act Of 1986: By submitting their proposals, offerors certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986.

Inclement Weather/Closure of City Offices: If the City of Emporia is closed for business at the time scheduled for bid opening or proposal closing, for whatever reason, sealed offers will be accepted and opened on the next scheduled business day, at the originally scheduled time.

Indemnification: Contractor shall hold harmless and indemnify City and all of its officials, departments, agencies, agents, and employees from and against any and all claims, losses, damages, injuries, actions, or reasonable costs (including court costs and attorney’s fees), resulting from or arising out of its work required by the Contract Documents, including, but not limited to, the negligence, gross negligence, or willful misconduct of Contractor’s employees or agents.

Insurance: By signing and submitting a bid under this solicitation, the bidder certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the Virginia

State Corporation Commission

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the City of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement.

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the City is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third-party owner of such motor vehicle.)

For Professional Services: Professional Liability Insurance, which may be required to include errors and omissions coverage must be provided for the following:

Profession/Service Limits

Accounting $1,000,000 per occurrence, $3,000,000 aggregate

Architecture $2,000,000 per occurrence, $6,000,000 aggregate

Asbestos Design/Inspection/Abatement $1,000,000 per occurrence, $3,000,000 aggregate

Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate

Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate

Legal $1,000,000 per occurrence, $5,000,000 aggregate

Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate

Surveying $1,000,000 per occurrence, $1,000,000 aggregate

Labeling of Hazardous Substances: If the items or products requested by this solicitation are “Hazardous

Substances” as defined by Article 3.1-250 of the Code of Virginia (1950), as amended, or Article 1261 of Title

15 of the United States Code, then the Bidder, by submitting his bid, certifies and warrants that the items or products to be delivered under this contract shall be properly labeled as required by the forgoing sections and that by delivering the items or products the Bidder does not violate any of the prohibitions of Article 3.1-252 of the Code of Virginia or Title 15 U.SC., Article 1263.

Licenses and Permits: All firms having a business location or office in the City of Emporia, 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 (434) 634.5405.

The Contractor shall secure and pay for all permits, governmental fees and licenses necessary for the proper execution and completion of the Contractor’s work which are legally required prior to and during the work, including software licenses or other intellectual property permissions unless otherwise specified by the City.

Mandatory use of Form and Terms and Conditions for IFB’s and RFP’s: Failure to submit a bid on the official form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the City reserves the right to decide on a case- by-case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the City may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

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.

Method of Payment: Upon satisfactory delivery of the merchandise or satisfactory completion of the services, all invoices and statements shall be submitted to: City of Emporia, Finance Department, 201 South Main Street, Emporia, Virginia 23847. 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.

No Contact Policy: No bidder/offeror shall initiate or otherwise have contact related to the solicitation with any

City representative or employee, other than the Purchasing Agent (or designee), after the date and time established for receipt of bids/proposals. Any contact initiated by a bidder/offeror with any Owner representative, other than the Purchasing Agent (or designee), concerning this solicitation is prohibited and may cause the disqualification of the Offeror from this procurement process.

Non-Discrimination: By submitting their bids/proposals, Bidders/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, the Virginians with Disabilities Act, the Americans with Disabilities Act and Section 2.2-4311 of the Virginia Public Procurement Act. If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient’s religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of

Virginia, §2.2-4343.1(E)).

In every contract over $10,000, the provisions in A. and B. below apply:

A. During the performance of this contract, the vendor agrees as follows:

1) The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin or disabilities, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the vendor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause, including the names of all contracting agencies with which the contractor has contracts over $10,000.00.

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

3) Notices, advertisements and solicitations placed in accordance with federal laws, rules or regulations shall be deemed sufficient for meeting the requirements of this Section.

B. The contractor will include the provisions of A. above in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

Non-Discrimination of Contractors: A bidder or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

Offer Acceptance: Bids or Proposals (Offers) must be submitted by the date and time stated in this solicitation.

Offers will be date and time stamped upon receipt and retained unopened in a secure location until proposal opening. No consideration will be given to date of postmark or error in delivery to incorrect address. It is the responsibility of the offeror to ensure timely and correct delivery of Offer.

Ownership of Documents: All information, documents, and electronic media furnished by the City of Emporia to the Contractor belong to the City, are furnished solely for use in connection with the Contractor’s performance of Services required by this Agreement, and shall not be used by the Contractor on any other project or in connection with any other person or entity, unless disclosure or use thereof in connection with any matter other than Services rendered to the City of Emporia hereunder is specifically authorized in writing by the City of

Emporia in advance. All documents or electronic media prepared by or on behalf of the Contractor for the City of Emporia are the sole property of the City of Emporia, free of any retention rights of the Contractor. The

Contractor hereby grants to the City of Emporia an unconditional right of use, for any purpose whatsoever, documents or electronic media prepared by or on behalf of the Contractor pursuant to this Agreement, free of any copyright claims, trade secrets, or any other proprietary rights with respect to such documents.

Payment:

a. To Prime Contractor: The city encourages contractors and subcontractors to accept electronic payment and, if applicable, credit card payment.

Invoices for services rendered shall be submitted by the Contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the City contract name and/or purchase order number; social security number (for individual Contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

Any payment terms requiring payment in less than 30 days will be regarded as…