UNSEALED REQUEST FOR PROPOSALS

DEVELOPMENT OF MOBILITY ACTION PLAN

URFP# H00126

August 21, 2026

City Manager’s Office

URFP # H00126 Development of Mobiity ActionPlan

Table of Contents

Table of Contents

UNSEALED REQUEST FOR PROPOSALS

PURPOSE

INQUIRIES CONCERNING THE URFP

URFP SCHEDULE

URFP SUBMISSION FORMATS

PURPOSE

BACKGROUND

PROPOSAL PREPARATION

CRITERIA FOR PROPOSAL EVALUATION

METHOD OF AWARD

CONTRACT TERM

OFFEROR INFORMATION FORM

A. Business Identification

B. Qualifications and References

C. Conflict of Interests

D. Collusion

E. Acknowledgement of Addendum Received

F. Authorized Signature

PROCUREMENT GUIDELINES

1. SUBMISSION AND RECEIPT OF URFPS:

2. SPECIFICATIONS

3. BRAND NAMES

4. DELIVERY POINT:

5. CASH DISCOUNTS:

6. LATEST MODEL/QUALITY

7. CHARGES AND PAYMENTS

8. AUDIT

9. TESTING AND INSPECTION

10. ASSIGNMENT OF CONTRACT

11. DEFAULT

12. TAXES

13. INDEMNIFICATION

14. LIABILITY AND LITIGATION

15. COPYRIGHTS

16. OFFEROR’S PERFORMANCE

17. AWARDING THE CONTRACT

18. DISCUSSION OF EXCEPTIONS TO THE URFP

19. PUBLIC INSPECTION OF PROCUREMENT RECORDS

20. ETHICS IN PUBLIC CONTRACTING

21. FORUM SELECTION

22. PROMPT PAYMENT ACT

23. REJECTION OF URFPS

24. COSTS FOR PROPOSAL PREPARATION

25. APPROPRIATIONS

26. ADDITIONAL FEDERAL GRANT PROVISIONS

27. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER

28. ANTITRUST

29. QUALIFICATIONS OF OFFERORS

30. CANCELLATION OF THE CONTRACT

31. AVAILABILITY OF FUNDS

32. SELECTION PROCESS/AWARD

33. SAFETY AND OSHA STANDARDS

34. CONTRACT TERM

35. SEVERABILITY

36. COMPENSATION AND RECORD KEEPING

37. PAYMENT

38. PERFORMANCE AND PAYMENT BONDS

39. SOLICITATION ADDENDA

40. INSURANCE REQUIREMENTS

41. CONTRACT TERMINATION

42. DEBARMENT STATUS

43. CONTRACTOR UNDERSTANDING

44. SUBCONTRACTS

45. DRUG-FREE WORKPLACE

46. NON-DISCRIMINATION

47. SMALL & MINORITY BUSINESS & FAITH-BASED ORGANIZATIONS

48. PERMITS AND LICENSES

49. COOPERATIVE PROCUREMENT

50. IMMIGRATION REFORM AND CONTROL ACT OF 1986

51. CERTIFICATION OF INTEREST & RELATIONSHIPS

52. PROCUREMENT OF IMPORTED GOODS; FORCED AND INDENTURED CHILD

LABOR PROHIBITION (VA Code § 2.2-4311.3)

Attachment A

Attachment B

UNSEALED REQUEST FOR PROPOSALS

TITLE: Development of Mobility Action Plan

URFP #: H00126

URFP DUE DATE: August 21, 2026

OPTIONAL CONFERENCE: No

PURPOSE

The City of Staunton is seeking a consultant to design and facilitate a community co-design process that enables residents, community organizations, and the City to jointly create a Mobility Action

Plan (MAP).

INQUIRIES CONCERNING THE URFP

Any questions regarding the specifications for this Unsealed Request for Proposals (URFP) should be directed, in writing, to:

Anna Leavitt

Economic Mobility and Opportunity

Special Assistant to the City Manager leavittas@ci.staunton.va.us

URFP SCHEDULE

Proposal Posted: August 21, 2026

Proposals Due & Proposal Opening: September 4, 2026 at 2:00 p.m.

URFP SUBMISSION FORMATS

This URFP is a request for an informal unsealed proposal; therefore, proposals may be submitted electronically through the eVA system, or they may be submitted by non-electronic means (paper submissions) outside of the eVA system.

The Purchasing Office will NOT accept oral proposals or proposals received by E-mail, telephone, or fax.

Unsealed proposals, whether electronic or paper, will be received not later than 2:00 p.m. on

September 4, 2026, with proposals received by that time opened at 2:00 p.m. at Staunton City

Hall, Finance Department.

1. Paper Submissions

A. All paper proposals submitted by any delivery services (UPS, FedEx, etc.), US

Postal Service, or hand-delivered shall be timely delivered to:

ATTN: Chad M. Horvat

City of Staunton

Finance Office (3rd Floor)

116 W. Beverley Street

3rd Floor - Finance Department

Staunton, VA 24401

540-332-3819

PROPOSALS RECEIVED

AFTER THE DATE AND TIME SPECIFIED

WILL BE REJECTED

Office Hours

Monday through Friday, 8:00am to 5:00pm.

B. Offerors shall provide one (1) paper copy and one (1) identical electronic PDF copy

(on flash or thumb drive) of the proposal documents.

i. If proprietary/confidential information is included in the proposal, it shall be identified CONSPICUOUSLY using Attachment B, and

ii. Offeror is required to submit a redacted paper copy of the proposal in addition to the required number of proposal copies and,

iii. A redacted copy shall also be provided in electronic PDF format on the thumb drive. All electronic copies shall be exact image of PDF scanned copies of the original, signed, completed documentation.

C. The proposal and any other documents required, shall be enclosed in an opaque envelope or box. The envelope containing the proposal shall be marked with the title and due date of the proposal. URFP # H00126 – Development of Mobility Action

Plan and be accompanied by complete specifications for the items offered.

D. Proposals should also clearly indicate the legal name, address and telephone number of the Offeror (company, firm, partnership, or individual) on the outside of the packaging.

E. No responsibility will attach to the City or any official or employee thereof for the pre-opening of, post-opening of, or the failure to open a proposal not properly addressed and identified.

F. Official received time for proposals shall be determined by the time stamp affixed in the City of Staunton Finance Department at the time of receipt. Offerors are responsible for ensuring that their proposals are stamped by Finance Department personnel by the deadline indicated.

G. All expenses for making the proposal to the City of Staunton shall be borne by the

Offeror.

H. An authorized representative of the Offeror shall sign the Proposal as well as any other required attachments.

I. All proposals shall be either typewritten or filled in with ink in order to be considered.

2. Electronic Submissions via the eVA System

A. Electronic unsealed proposals will be accepted ONLY through the eVA system.

Proposals delivered electronically by any method outside of the eVA system WILL

NOT be accepted.

B. Prior to the due date, Offerors should:

i. Check the status of the solicitation on eVA at www.eva.virginia.gov by clicking on Business Opportunities and then click on Virginia Business Opportunities

(VBO) to check for any updates, changes, amendments, cancellations, etc., and to ensure receipt of all Solicitation attachments and document to be completed and submitted; and.;

ii. Complete all attachments, amendments, exhibits, product information, etc. and attach electronically to the Offeror’s electronic submission.

C. Electronic proposal submission with all required documents attached is required and submission as one singular PDF formatted document is preferred.

D. Offerors must submit one (1) complete copy of the proposal and all required documents and/or attachments.

eVA Specific Submission Instructions:

Offerors must be registered in eVA in order to submit an electronic proposal.

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”.

5) If a Offeror needs assistance submitting an electronic response, the

Offeror must contact eVA Customer Care at 866-289-7367 or email eVACustomerCare@dgs.virginia.gov.

http://www.eva.virginia.gov/ http://www.eva.virginia.gov/ mailto:eVACustomerCare@dgs.virginia.gov

PURPOSE

The City of Staunton is seeking a consultant to design and facilitate a community co-design process that enables residents, community organizations, and the City to jointly create an Economic

Mobility Action Plan (EMAP). In this document, mobility refers to economic mobility and independence, a household's ability to move toward financial stability and opportunity, not physical or transportation mobility.

The process itself is as important as the final product. Rather than validating a predetermined strategy, the engagement should generate shared ownership of the priorities, actions, and implementation framework that will guide STAUNTON Connect moving forward.

The City seeks a consultant who is comfortable designing processes in partnership with local stakeholders and sharing responsibility for facilitation, learning, and decision-making.

The consultant is not being hired to write an Economic Mobility Action Plan for the community.

Instead, the consultant is being hired to design and facilitate a process through which the community co-creates the EMAP in partnership with the City, informed by the City's analytical foundation and resulting in a shared implementation framework for future action.

Proposals should demonstrate:

• Experience designing peer inquiry and community research models.

• An approach for moving from community-generated information to an actionable implementation framework.

• How the consultant will intentionally transfer facilitation skills, engagement methods, and process knowledge to local partners and City staff so these capacities remain after the project concludes.

• Methods for creating accountability and ongoing implementation after adoption of the

EMAP.

BACKGROUND

The City of Staunton’s STAUNTON Connect is a grant-funded, backbone coordination initiative housed in the City of Staunton's City Manager's Office. The initiative does not deliver direct services. Its role is to convene partners, align data, build shared understanding, and create conditions for cross-sector systems change that improves economic mobility for Staunton residents.

Over the past year, the City has established the analytical foundation for this work through census tract analysis, community indicator tracking, service gap analysis, civic participation analysis, and internal cross-departmental planning.

The consultant is not being asked to create this foundation, but rather to design and implement a community co-design process that builds upon it and results in a community-shaped Economic

Mobility Action Plan.

To support this work, the City has prepared a Facilitator Briefing (See Attachment A). It describes

STAUNTON Connect’s analytical foundation, the community inquiry model the City envisions, and the process arc the City currently expects a consultant to carry out. Offerors should review it and treat it as context for their proposals. The City expects proposals to engage the process it describes and to explain how the Offeror would refine and improve on it in Staunton’s context.

PERIOD OF PERFORMANCE

The consultant will have 12 months from the notice to proceed to complete the work described in this URFP. Within that period the consultant is responsible for designing and facilitating the community co-design process and producing a final adoption-ready Economic Mobility Action

Plan, an Action Tracker, an internal presentation and two public presentations described in the

Scope of Services.

Final adoption of the Economic Mobility Action Plan by City Council, and the City's internal budget and plan alignment that precedes it, is a City-led activity that follows the consultant's engagement. Consultant attendance at the adoption is optional. Producing an adoption-ready plan, not securing its adoption, marks completion of the consultant's work.

The 24-month implementation horizon begins at adoption and extends beyond the consultant's 12-month engagement. The consultant is responsible for producing the implementation framework, not for implementing it.

Offerors are expected to propose their own detailed schedule within the following fixed parameters: notice to proceed on or about October 2026; a 12-month consultant engagement; and delivery within that period of an adoption-ready Economic Mobility Action Plan, an Action

Tracker, an internal presentation and two public presentations (to the community and to City

Council for input). Council adoption and the start of the 24-month implementation period follow the engagement. Within these parameters the phasing, the number and format of sessions and the sequencing of activities are for the offeror to design.

SCOPE OF SERVICES

The City seeks a qualified consultant capable of designing and facilitating a community co-design process through which residents, community organizations, and the City jointly develop a

Economic Mobility Action Plan. Each proposal must clearly identify the consultant’s knowledge of peer inquiry process design; and translation of community co-design results into implementation frameworks with clear roles, funding opportunities, and tracking. The consultant will work in close partnership with City staff throughout the engagement. The City will provide analytical resources, existing data, community relationships, and project coordination while the consultant provides expertise in process design, facilitation, and synthesis.

We believe peer inquiry — a structured process in which community members formulate and pursue their own questions — offers a strong foundation for building the trust and ownership we need. This might look something like:

• Community members, who are trusted by the residents the project intends to reach, are identified and recruited in partnership with City staff

• Community members are trained and supported to develop their own questions and gather information from their networks

• They have dedicated time and space to conduct this work

• Findings are synthesized and brought back to the group

• This community-generated intelligence informs a second phase of broader engagement using multiple formats

We are seeking a consultant who can design how this approach works in Staunton's context, what modifications it needs, and how to move from inquiry results to actionable priorities.

This is not a focus group or a listening session. The City is requesting a structured process that puts question formulation and information gathering in the hands of people with lived experience, rather than asking residents to react to a framework that has already been built.

Co-design will need to work with how community actually organizes in the City, which may be through anchor institutions, identity-based networks, trusted intermediaries, or informal gathering places, rather than assuming a neighborhood meeting model will reach the people that need to be reached.

The City has identified peer inquiry as the preferred approach but expects the consultant to refine and adapt the methodology based on their expertise and Staunton's local context, in collaboration with City staff.

Use of Local Co-Facilitators and Capacity Building: The City intends for this project to strengthen local capacity for ongoing community engagement beyond the life of the contract.

Consultants are strongly encouraged to incorporate local co-facilitators, trusted community connectors, and community-based organizations into the design and implementation of the engagement process whenever appropriate.

Proposals should describe how local individuals and organizations will be engaged, supported, and mentored throughout the project to build community trust, develop local facilitation capacity, and ensure the engagement process reflects Staunton's unique context. The City views meaningful collaboration with local partners as an essential component of a successful community co-design process.

The proposal should describe both the proposed process and the products the process will produce. Evaluation will be based equally on the offeror’s approach to designing an inclusive community co-design effort and the final deliverables.

1. Economic Mobility Action Plan (EMAP)

A 24-month implementation framework organized around community-identified priorities. For each priority area:

• Problem statement grounded in data and community insight

• How community input informed the recommended strategy

• Specific tactics/action steps

• Who is responsible (city department, partner, or collaborative)

• Timeline and sequencing

• Funding source(s) identified or resourced

• Success measure(s) and how progress will be tracked

• Conditions under which the plan will be revised

The EMAP will serve as both the City’s strategic framework and its operational guide

— the master organizing document for city departmental coordination, partner alignment, and community strategy integration.

2. Action Tracker

An action tracker shall be implemented that allows STAUNTON Connect staff to manage, update, and report on EMAP implementation over time. The tracker should include all action steps from the EMAP with fields for owner, timeline, status, and notes structured so it can be updated internally without requiring outside assistance.

3. Presentations

Public presentations may be held at City Hall, 116 West Beverley Street, Staunton, VA

24401. Not all presentations will occur at that address; some may be held in community settings appropriate to the audience. The consultant will design and deliver the first three presentations within the contract period, one internal and two public:

• Internal presentation: results shared with the internal team before the first public presentation

• First public presentation: results shared with community for feedback and edits

• Second public presentation: revised Economic Mobility Action Plan presented to City Council for input and discussion

Following these presentations and delivery of the final adoption-ready plan, the consultant's engagement is complete. Final adoption of the Economic Mobility Action

Plan by City Council as the operational guide for STAUNTON Connect is a City-led action, and consultant attendance is optional.

PROPOSAL PREPARATION

A. Proposals must include a fully-completed Offeror Information Form (pages 15-18) in this document.

B. 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.

C. 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.

D. Offerors should organize their proposals using the format described below:

1. Title Page

a. 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.

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

2. Section 1 - Project Understanding & Methodology

a. Describe your understanding of the requested services and the outcomes the City seeks. Describe the design philosophy and principles that will guide your work.

The City seeks a partner who will design methodology in collaboration with City staff and local stakeholders rather than apply a predetermined engagement model, and who treats the co-design process itself as a primary outcome.

Address how your practice reflects shared facilitation, learning and decision-making, and how you build community ownership rather than validate a strategy developed in advance.

3. Section 2 – Scope of Services Approach

a. Detail your proposed approach to the Scope of Services and how you will accomplish the work. Explain how you will deliver the services, the phases and steps you anticipate and a proposed timeline. Your proposed timeline shall fit within the 12-month period of performance and reflect that the consultant's work concludes with delivery of an adoption-ready Economic Mobility Action Plan and the two public presentations; City Council adoption and the 24-month implementation period follow the engagement. At a minimum, your approach should address:

i. Peer inquiry and community research design. How you would design, adapt and support a peer inquiry model in Staunton's context, including how community members are identified, recruited, trained and supported, and how your design accounts for the ways the community actually organizes here. Also address the process arc described in the Facilitator Briefing

(Attachment: Facilitator Briefing) — from selecting the inquiry team through orientation, independent inquiry, and joint design of the broader engagement — and describe how you would adapt and improve on it.

ii. From inquiry to implementation. How you would move from community-generated information to an actionable implementation framework with clear priorities, roles, funding opportunities and progress tracking.

iii. Capacity building and local co-facilitation. How you would engage, support and mentor local co-facilitators, trusted community connectors and community-based organizations, and how you would transfer facilitation skills, engagement methods and process knowledge to local partners and

City staff so these capacities remain after the contract concludes.

iv. Accountability and sustained implementation. Your methods for creating accountability and ongoing implementation after the City Council adopts the Economic Mobility Action Plan.

b. Describe both the process you would use and the products that process will produce, and EMAP your proposed activities to the deliverables identified in the

Scope of Services (Economic Mobility Action Plan, Action Tracker and public presentations).

4. Section 3 – Offeror Experience & Personnel

a. Describe the Offeror’s background and specific experiences in the peer inquiry and/or community co-design fields. Include a brief statement of the Offeror's professional competence, technical capabilities and qualifications. Experience is preferred with Offerors who have provided services to private or government entities of a similar size and scope.

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

c. 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.

d. 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.

e. Also provide a brief summary of the reasons that the Offerors believe themselves to be the most qualified for this requested delivery of services. An attachment of a sample work product (implementation framework or engagement design) will not count against page limits.

5. Section 4 - References

a. Provide a list of at least three clients for whom the Offeror has had success in providing 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.

6. Section 5 - Pricing

Provide a proposed cost for the process described, broken down by phase or deliverable rather than as a single lump sum. At a minimum, include:

• Cost by major phase or deliverable, for example: peer inquiry design and support, broader community engagement, synthesis and development of the Economic

Mobility Action Plan, Action Tracker and public presentations.

• Hourly or daily rates for key personnel, for use in pricing any additional work.

• Whether stipends or compensation for local co-facilitators and community members are included in the proposed price or billed separately.

• A total not-to-exceed amount.

State any assumptions underlying your estimate.

CRITERIA FOR PROPOSAL EVALUATION

The following criteria will be utilized in evaluating proposals:

Understanding of services & design philosophy 15%

Proposed approach: peer inquiry & engagement design 25%

From inquiry to implementation & accountability 20%

Local partnership, capacity building & knowledge transfer 20%

Feasibility of Timeline 10%

Conciseness & clarity 10%

METHOD OF AWARD

A. 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 Unsealed Request for Proposal, and respondents ranked 1, 2, 3 or more.

B. 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 began with the firm ranked number 2.

C. 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.

D. Notice of Award will be posted on the City’s web site (www.ci.staunton.va.us) and on the eVA website.

CONTRACT TERM

The term of this contract shall be for one year from contract signing, with no option to renew.

OFFEROR INFORMATION FORM

A. Business Identification

BUSINESS/COMPANY NAME:

STREET ADDRESS:

MAILING ADDRESS:

CONTACT PERSON:

TITLE:

TELEPHONE NO.:

EMAIL ADDRESS:

REMITTANCE ADDRESS:

BUSINESS ORGANIZED UNDER THE

STATE LAWS OF:

PRINCIPAL BUSINESS LOCATION:

VA STATE CORPORATION

COMMISSION IDENTIFICATION (VA

SCC) NUMBER.:

VA SCC Number:

** If Offeror does not have a VA SCC Number, Offeror must refer to Procurement Guidelines Item

26.2. and shall provide the required documentation.

FEDERAL ID NUMBER:

DUNS NUMBER:

B. Qualifications and References

Has the business ever defaulted or failed to complete any public body contract:

No:

Yes- Explain:

Is the entity or any of its principals currently debarred, disqualified or suspended from submitting responses to the City, or any other state, local or federal entities?

No:

Yes - Explain

Type of work performed by this business:

Number of years this business has been in operation:

Number of employees: Full time: Part Time:

Business License: Type: Issued:

References:

Offerors shall provide a list of at least 3 references where similar services have been provided. Each reference shall include the name of the organization, the complete mailing address, the name of the contact person, a telephone number and/or an E-mail address.

Reference Name Contact Telephone

Address City, State ZIP E-mail

C. Conflict of Interests

This solicitation is subject to the provisions of Section 2.2-3100 et. Seq., Virginia

Code Annotated, the State and Local Government Conflict of Interests Act.

The business is aware of information bearing on the existence of any potential organizational conflict of interest.

YES,

Explain

Below

NO

D. Collusion

I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same goods and services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of the State and Federal law and may result in fines, prison sentences, and civil damage awards.

YES

NO

E. Acknowledgement of Addendum Received

The undersigned warrants that it has received the following Addendum/Addenda for the

Solicitation (Show date of Addendum).

AMENDMENT NO. DATE INITIAL

[Add more as needed]

Addenda issued during the bidding period will be incorporated into the Contract Documents.

F. Authorized Signature

By signing, Business certifies, acknowledges, understands, and agrees to be bound by the conditions set forth in this Solicitation.

Authorized Signature: Date:

Name (Printed): Title:

Email Address: Telephone Number:

Procurement Guidelines

PROCUREMENT GUIDELINES

1. SUBMISSION AND RECEIPT OF URFPS:

1.1. In order for your Proposal, to receive consideration, it must be received prior to the specified time and date of opening as designated in the solicitation. E-mail and facsimile submittals are not acceptable.

2. SPECIFICATIONS

2.1. Offerors must indicate any variances from our specification and/or conditions, NO

MATTER HOW SLIGHT. If variations are not stated in the Proposal, it will be assumed that the product or service fully complies with our specifications. The

Purchasing Department is not responsible for locating or securing any information which is not included in the Proposal. Accordingly, to insure that sufficient information is available, the Offeror must furnish as part of his Proposal all descriptive material, (i.e., Catalog Cuts, illustrations, drawings, specifications, or other information) necessary for the Purchasing Department to determine whether the goods or services offered meet the salient characteristic requirements of the Proposal.

3. BRAND NAMES

3.1. Unless otherwise provided in the Unsealed Request for Proposals, the name of a certain brand, make, or manufacturer does not restrict Offerors to the specific brand, make, or manufacture mentioned; it conveys the general style, type, character, and quality of the equipment desired. The City shall, in its sole discretion, determine whether the equipment proposed is the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended. Acceptance shall be based solely on the City’s determination of suitability.

4. DELIVERY POINT:

4.1. All items shall be delivered F.O.B. destination, and delivery costs and charges included in the Proposal price. Failure to do so may be cause for rejection of Proposal. The

Offeror shall assume all liability and responsibility for the delivery of merchandise in good condition to the specified delivery location(s).

5. CASH DISCOUNTS:

5.1. Cash discounts will be considered in determining the award.

6. LATEST MODEL/QUALITY

6.1. Offeror shall base the Proposal on the latest model, design, etc. of this type of equipment by the manufacturer of which he represents. Equipment shall be new and unused.

7. CHARGES AND PAYMENTS

7.1. To Prime Contractor:

7.1.1. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the purchase order number.

7.1.2. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after satisfactory invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than

30 days, however.

7.1.3. All goods or services provided under the contract, which are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

7.1.4. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or the date of offset when offset proceedings have been instituted as authorized under the Virginia

Debt Collection Act.

7.1.5. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the City of Staunton shall promptly notify the contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve City of

Staunton of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

7.2. Payment to Subcontractors:

7.2.1. An offeror awarded a contract under this solicitation is hereby obligated:

7.2.1.1. To pay the subcontractor(s) within thirty (30) days of the offeror’s receipt of payment from the City of Staunton for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

7.2.1.2. To notify the agency and the subcontractor(s), in writing, of the offeror’s intention to withhold payment and the reason.

7.2.2. The offeror is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the offeror that remain unpaid thirty (30) days following receipt of payment from the City of Staunton, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U.S.

Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. An offeror’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the City of Staunton.

8. AUDIT

8.1. The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the City, whichever is sooner. The City, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

9. TESTING AND INSPECTION

9.1. The City of Staunton reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

10. ASSIGNMENT OF CONTRACT

10.1. A contract shall not be assignable by the offeror in whole or in part without the written consent of the City of Staunton.

11. DEFAULT

11.1. In case of failure to deliver goods or services in accordance with the contract terms and conditions, the City of Staunton, after due oral or written notice, may procure them from other sources and hold the offeror responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the City of Staunton may have.

12. TAXES

12.1. Sales to the City of Staunton are exempt from State and Federal sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request, as the

City of Staunton determines appropriate. Any deliveries under this contract shall be free of Federal excise and transportation taxes.

13. INDEMNIFICATION

13.1. The Offeror agrees to indemnify, defend, and hold harmless the City of Staunton and it’s Council members, officers, directors, agents and employees against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorney fees) arising out of, or resulting from any and all injuries to persons or damage to property or intellectual infringement claim arising out of services performed hereunder or by reason of the intentional or negligent acts or omissions of the Offeror, its employees, agents or sub-contractors, including any independent contractors. The provisions of this section of shall survive the completion, terminations or expiration of the contract.

14. LIABILITY AND LITIGATION

14.1. The City shall not indemnify or hold harmless any contractor or other third party. The

City does not waive any right or release any party from liability, whether on its own behalf or on behalf of any boards, employees or agents. The City does not waive the right to trial by jury for any cause of action arising from the Contract and shall not submit any Contract claim to binding arbitration or mediation. The City shall not be liable to contractor for any special, punitive or exemplary damages arising from the performance of the contract, including, but not limited to, incidental damages, and lost profit and lost wages, even if such special damages are reasonably foreseeable. Any provision(s) in the Contract contrary to these statements is/are hereby deleted and rendered void.

15. COPYRIGHTS

15.1. The Offeror hired pursuant to this contract is prohibited from copyrighting any papers, interim reports, forms, or other materials resulting from performance under this agreement, without the written permission of the Purchasing Agency. Data and their analysis, forms, and images gathered or developed during fulfillment of this contract may be used by the Offeror in subsequent copyrighted publications, provided the copyrights do not in any way restrict or limit the Purchasing Agency’s ownership, use, or distribution of said information, forms, or images.

16. OFFEROR’S PERFORMANCE

16.1. The successful Offeror agrees and covenants that its agents and employees shall comply with all City, State and Federal laws, rules and regulations applicable to the business to be conducted under the contract.

17. AWARDING THE CONTRACT

17.1. The award of a contract shall be determined in the sole discretion of the City based upon evaluation of all information as the City may request. The City reserves the right to waive any informality in URFPs submitted in response to this Unsealed Request for

Proposals when such waiver is in the best interest of the City.

17.2. The City of Staunton shall endeavor to award the contract within thirty (30) days from receipt of URFPs. Notice of award will be posted on the City Web Site at http://www.staunton.va.us/solicitation-results and on the eVA procurement site.

18. DISCUSSION OF EXCEPTIONS TO THE URFP

18.1. The URFP, including its venue, termination, and payment schedule provisions, shall be incorporated by reference into the contract documents as if its provisions were stated verbatim therein. Therefore, any exception to any provisions of the URFP shall be explicitly identified in a separate “Exceptions to URFP” section of the proposal for resolution before execution of the contract. In case of any conflict between the URFP and any other contract documents, the URFP shall control unless the contract documents explicitly provide otherwise.

18.2. Please identify in the proposal submission any “Exceptions to URFP”.

19. PUBLIC INSPECTION OF PROCUREMENT RECORDS

19.1. URFPs submitted shall be subject to public inspection only in accordance with Section

2.2-4342 of the Code of Virginia, which reads, in essence, as follows:

19.2. Public inspection of certain records:

19.2.1. Except as provided in this section, all proceedings, records, contracts, and other public records relating to procurement transactions shall be open to the http://www.staunton.va.us/solicitation-results inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act.

19.2.2. Cost estimates relating to a proposed procurement transaction prepared by or for a public body shall not be open to public inspection.

19.2.3. Any competitive negotiation offeror, upon request, shall be afforded the opportunity to inspect Proposal records within a reasonable time after the evaluation and negotiations of URFPs are completed but prior to award, except in the event that the City decides not to accept any of the URFPs and to reopen the contract. Otherwise, Proposal records shall be open to public inspection only after award of the contract.

19.2.4. Any inspection of procurement transaction records under this section shall be subject to reasonable restrictions to ensure the security and integrity of the records.

19.2.5. Trade secrets or proprietary information submitted by an Offeror or contractor in connection with a procurement transaction shall not be subject to the Virginia Freedom of Information Act; however, the offeror or contractor shall

19.2.5.1. invoke the protections of this section prior to or upon submission of the data or other materials,

19.2.5.2. identify the data or other materials to be protected, and

19.2.5.3. state the reasons why protection is necessary.

19.2.5.4. Offeror may not invoke this protection on the entire Proposal – only on those sections or data which are considered trade secrets or proprietary.

20. ETHICS IN PUBLIC CONTRACTING

20.1. By submitting their Proposal, all offerors certify that their Proposal is made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or sub-contractor in connection with their Proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised unless consideration of substantially equal or greater value was exchanged.

21. FORUM SELECTION

21.1. This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without reference to conflict of laws principles or rules of construction. Any action, proceeding, or claim in any way related to this agreement or the relationship between the parties shall be filed and maintained solely in the General District Court or the Circuit Court of the City of Staunton, Virginia.

22. PROMPT PAYMENT ACT

22.1. Any contract awarded as a result of this Unsealed Request for Proposals shall incorporate the terms and conditions of Article 4 of the Virginia Public Procurement

Act with respect to Prompt Payment.

23. REJECTION OF URFPS

23.1. The City reserves the right, at any time prior to award of the contract, to reject any and all URFPs, or any part thereof, to make no award, and/or to issue a new Unsealed

Request for Proposals, or make modifications, corrections, or additions to the information contained herein.

23.2. Offerors are cautioned this is an Unsealed Request for Proposals, NOT a request to contract.

24. COSTS FOR PROPOSAL PREPARATION

24.1. Any costs incurred by offerors in preparing or submitting URFPs are the offeror’s sole responsibility; the City will not reimburse any offeror for any costs incurred as a result of the preparation of this Unsealed Request for Proposals.

25. APPROPRIATIONS

25.1. The obligations of the City of Staunton are subject to and contingent upon annual appropriation by City Council of sufficient funds for the purposes of this contract. In the absence of such annual appropriation, either the City of Staunton or offeror may terminate the contract by giving not less than ten (10) days prior notice to the other, specifying this reason for the termination, and upon effective termination pursuant to this provision, any compensation due shall be equitably adjusted by mutual agreement.

26. ADDITIONAL FEDERAL GRANT PROVISIONS

26.1. The following provisions apply to a contract made under a federal grant: Appendix II to Part 200 – Contract Provisions for Non-Federal Entity Contracts Under Federal

Awards.

27. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER

27.1. Pursuant to Code of Virginia, §2.2-4311.2 subsection B, an Offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its proposal the identification number issued to it by the State

Corporation Commission (SCC).

27.2. Any offeror that is not required to be authorized to transact business in the

Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its proposal a statement describing why the

Offeror is not required to be so authorized. Link to the Virginia State Corporation

Commission site: http://www.scc.virginia.gov/.

28. ANTITRUST

28.1. By entering into a contract, the contractor conveys, sells, assigns, and transfers to the

City all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth http://www.scc.virginia.gov/ of Virginia, relating to the particular goods or services purchased or acquired by the

City under said contract.

29. QUALIFICATIONS OF OFFERORS

29.1. The City may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the services/furnish the goods and the

Offeror shall furnish to the City all such information and data for this purpose as may be requested. The City reserves the right to inspect offeror’s physical facilities prior to award to satisfy questions regarding the offeror’s capabilities.

29.2. The City further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such Offeror fails to satisfy the City that such Offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

30. CANCELLATION OF THE CONTRACT

30.1. The City may terminate any agreement resulting from this solicitation at any time, for any reason or for no reason, upon thirty days advance written notice to the contractor.

In the event of such termination the contractor shall be compensated for services and work performed prior to termination.

31. AVAILABILITY OF FUNDS

31.1. Agreements are made subject to the appropriation of funds by the Staunton City

Council and are null and void in the event of non-appropriation by the City Council.

Non-appropriation of funds shall not be deemed a cancellation and shall terminate this agreement without recourse and with no liability on the part of the City.

32. SELECTION PROCESS/AWARD

32.1. Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the department will publicly post such notice for a minimum of ten

(10) days, or will notify all responsive offerors.

33. SAFETY AND OSHA STANDARDS

33.1. All parties performing services for the City shall comply with all Occupational Safety and Health Administration (OSHA), State Occupational Health Standards, and any other applicable rules and regulations. All parties shall be held responsible for the training, supervision, and safety of their employees. Any unsafe acts or hazardous conditions that may cause injury or damage to any persons or property within and around the work site areas under this contract shall be remedied per the regulatory agency’s guidelines.

34. CONTRACT TERM

34.1. The Offeror whose Proposal is found to be the most advantageous to the City will be offered the opportunity to enter into an Agreement with the City. The scope, terms, and conditions of that Agreement shall be in substantial conformance with the terms, conditions, and specifications described in this Unsealed Request for Proposals.

34.2. If, through any cause, the contractor shall fail to fulfill in a timely and proper manner the obligations agreed to, the City shall have the right to terminate the contract by specifying the date of termination in a written notice to the contractor at least thirty

(30) days prior to the termination date. The City may terminate this contract without cause in the event funds are not appropriated the City of Staunton.

34.3. Part of the consideration will be the capability of the Offeror to immediately begin work and meet the proposed timetable above.

34.4. The City reserves the right to negotiate the Agreement, to include any portion or portions of the services covered by this Unsealed Request for Proposals, and to reject any and all URFPs in total or by components.

34.5. The contractor shall not assign or transfer any interest in the contract without prior written consent of the City.

35. SEVERABILITY

35.1. Any written contract resulting from this URFP shall contain a severability clause, which provides that each paragraph and provision of the contract will be severable from the entire agreement and if any provision is declared invalid the remaining provisions shall nevertheless remain in effect.

36. COMPENSATION AND RECORD KEEPING

36.1. The Offeror selected will be paid on a percentage of progress completed basis, as provided for in the contract or lump sum at completion or project. The contract will be written on a “unit price” basis. Records are to be kept by the Offeror in such detail as to properly reflect all direct or indirect costs of labor and material for which payment will be claimed.

37. PAYMENT

37.1. Appropriate personnel will make payment for all completed work only after final approval and acceptability of the work completed.

38. PERFORMANCE AND PAYMENT BONDS

38.1. Successful contractor agrees to provide a performance bond and a payment bond for any contract signed which exceeds $500,000.

39. SOLICITATION ADDENDA

39.1. Prior to submitting their Proposal, it is the Offeror’s responsibility to check the City web-site and/or eVA for any addenda associated with this Unsealed Request for

Proposals.

40. INSURANCE REQUIREMENTS

40.1. Insurance shall be in amounts not less than $2,000,000, $1,000,000, and $1,000,000 respectively or such other insurance as is satisfactory and may be approved by the

City. Insurance shall be written by companies licensed to do business in the

Commonwealth of Virginia and shall list the City of Staunton as an additional insured.

41. CONTRACT TERMINATION

41.1. This contract will not be awarded to any offeror who has had a previous contract with the City of Staunton terminated for substantial non-compliance within the last three (3) years.

42. DEBARMENT STATUS

42.1. By submitting their proposals, all offerors certify that they are not currently debarred from submitting proposals on…