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Isle of Wight County Fair Marketing Company - RFP #15-4110-02 (12/2/14) RFP #15-8170-01 REQUEST FOR PROPOSALS RFP #15-4110-02 December 2, 2014 Department of Budget & Finance 17090 Monument Circle, Suite 137 Isle of Wight, VA 23397 http://www.Isleofwightus.net Isle of Wight County Fair Marketing Company Electronic proposals will be received at the office of Budget & Finance, as listed below, until the time and date shown below (local prevailing time), for furnishing the items or services described in the solicitation. Offers should be sent as a .pdf attachment to: Michael.coburn@isleofwightus.net with the RFP number, title, and closing date in the subject line. Do not use zip files as this could prevent timely receipt of your submittal. SUMMARY SCOPE OF SERVICE Isle of Wight County is requesting sealed proposals from qualified firms to provide a strategic and innovative marking plan for the annual Isle of Wight County Fair. December 15, 2014, @ 5:00 P.M. Proposals Closing Date: Contract Officer: Michael Coburn, Project Manager, Michael.coburn@isleofwightus.net **AN ELECTRONIC DOCUMENT SHALL BE PROVIDED** The Project Manager, Michael Coburn, is the Contract Officer for Isle of Wight County with respect to this RFP. All questions and/or comments should be directed to him at this email address: The respondents to this RFP shall not contact, Michael.coburn@isleofwrightus.net. either directly or indirectly, any other employee or agent of the County regarding this RFP. Any such unauthorized contact may disqualify the bidder from the procurement. Company Name: Address: City / State / Zip: Telephone: FAX No.: E-mail: Print Name: Title: Signature: Date: Page 1 of 20 RFP #15-8170-01 SOLICITATION DOCUMENTS Request for Proposals (RFP) documents, including any addenda, are available the Purchasing website: http://www.co.isle-of-wight.va.us/budget-and-finance/ board (eVA). Questions concerning this project must be in writing (email is preferred) and addressed to the Project Manager, as shown on page one, and should be received no later than five (5) business days preceding the date that the proposals are to be delivered. Email is the preferred method for asking question and will get a faster response, but other written forms are acceptable. Offers should be sent to michael.coburn@isleofwightus.net electronic copies may be delivered to Purchasing on a CD or USB drive, prior to the closure date shown, if preferred. Documents shall be saved as a .pdf document and should conserve disk space to allow easy transfers of data. Zip files cannot be accepted. IF YOU NEED ANY REASONABLE ACCOMMODATION FOR ANY TYPE OF DISABILITY IN ORDER TO PARTICIPATE IN THIS PROCUREMENT, PLEASE CONTACT THE PROJECT MAAGER AS SOON AS POSSIBLE. We do not have means to keep a plan-holders list, or the names of firms that have downloaded copies of the RFP from various websites. Please check the County your proposal to ensure that a complete up-to-date package has been received. In compliance with this Request for Proposals, and subject to all the conditions thereof, the undersigned offers, if the offer is accepted within ninety (90) calendar days from the date of the receipt of proposals, to furnish any or all of the items and/or services upon which prices are quoted, at the price set, to be delivered at the time and place specified herein. The undersigned certifies he has read, understands, and agrees to all terms, conditions, and requirements of this Request for Proposals, and is authorized to contract on behalf of firm. Page 2 of 20 RFP #15-8170-01 P: It is the purpose of this Request for Proposal (RFP) to solicit and obtain offers from URPOSE qualified firms to provide marketing services and media strategies for the annual Isle of Wight County Fair. The County invites organizations and businesses that have a strong understanding of County or State Fairs, Southeastern Virginia, Hampton Roads and the Isle of Wight County market. The majo-mile radius of Isle of Wight County. It is imperative that the proposers demonstrate their proficiency in reaching Isle of Wight County consumers and Hampton Roads agriculture and fair consumers. B: The Isle of Wight County Fair Committee voted to hire a ACKGROUND Marketing/Advertisement Company for the year 2014. The Isle of Wight County Fair was given a marketing budget of $28,750.00. The Fair spent a total of $25,008.14. This budget was utilized for the marketing company. With their help we were able to promote the fair through advertisements, a television commercial, promotional items, signs, banners and help to manage the Isle of Wight SS: The project scope includes, but is not limited to: COPE OF ERVICES 1.Generate advertising and promotional opportunities that are unique, engaging and visually captivating. 2.Effectively communicate to various ages and cultures. 3.Establish a strategy to recognize and honor attendees. 4.Maximizes budget. 5.Build positive first-impressions and continuing memories. 6.Balance paid media and value-added elements. 7.Leverage traditional media and non-traditional tactics. 8.Ability to make changes on short notice as required. 9.Supports sponsor commitments and other third-party relationships. Page 3 of 20 RFP #15-8170-01 10.Supports Isle of Wight County Fair programming. 11.Highly engages social and online media. 12.Supports attendance and revenue goals. T: ERM OF CONTRACT Any resulting contract resulting from this solicitation is for a one year term. It may be renewed at the County for four (4) additional one (1) year terms. PP: Proposals shall be limited to a .pdf format of 5 mg size (zip files are ROPOSAL REPARATION not acceptable) and should include: as outlined in the Scope of Services; Personnel to be assigned to the project and their experience and qualifications; A list of similar projects and references; and Such other information as the offeror may deem appropriate. Annual fee, or pricing options. AN ELECTORNIC SUBMITTAL IS REQUIRED. Requests for copies of the solicitation and requests for information pertaining to the RFP are to be directed to Michael Coburn, Project Manager, e-mail Michael.coburn@isleofwightus.net or may mepage: http://www.co.isle-of-wight.va.us/budget-and- finance/ EAC: These criteria are to be utilized in the evaluation of VALUATION AND WARD RITERIA qualifications for development of the shortlist of those offerors to be considered for interviews and/or negotiations. Criteria are listed in the order of importance to the County. Offerors are required to address each evaluation criterion specifically in presenting their qualifications. Each proposal will be evaluated for full compliance with the RFP instructions to the offeror and the mandatory terms and conditions set forth within the RFP document. The objective of the evaluation will be to recommend the firm(s) who is most responsive to the herein described needs of the County. The proposal will be evaluated on the following criteria: Adequacy and credentials of professional level staffing. Experience and pertinent references. . Management spelled out approach to the tasks. Completeness and quality of proposal. Cost Page 4 of 20 RFP #15-8170-01 The substance of proposals will carry more weight than their form or manner of presentation. Isle of Wight County reserves the right to reject all proposals. DI: Electronic proposals, subject to the conditions and instructions ELIVERY NSTRUCTIONS contained herein, will be accepted by email attachment to: Michael.coburn@isleofwightus.net Proposals Due: December 15, 2014 @ 5:00 P.M. Proposals must be received no later than the time and date shown above (local Verizon time), for furnishing services described herein. Any proposal received after the announced time and date of opening, whether by mail or otherwise, will not be considered. (a) It is the responsibility of the offeror to assure that his/her proposal is delivered as designated, prior to the time set for receipt of Proposals. (b) The provisions of § 2.2-4342 of the Code of Virginia, as amended, shall be applicable to the inspection of proposals received. I: Firms who respond to this RFP may be required to make a presentation with NTERVIEWS participation by designated key personnel. Presentations will be held on a date to be determined once proposals are received. The County reserves the right to request clarification of information and/or ask for additional information from one or more offerors. Page 5 of 20 RFP #15-8170-01 CONDITIONS AND INSTRUCTIONS Rev: 9/9/2014 Use of Form : All proposals should be submitted in electronic (.pdf) format in accordance 1. with this form. The offeror may attach/scan other information as required to the electronic document that will be made a part of the proposal. Electronic submittals on CD, DVD, memory sticks, or other electronic media will be accepted if delivered prior to the closing time. The preferred method is by an attachment to an email addressed to: Michael.coburn@isleofwightus.net The C published Conditions and Instructions shall supersede any additional writings submitted with the proposal. Such writings shall be clearly marked and noted as an exception. Submittals : Except as noted above, all proposals shall be sent as an attachment to email 2. to: Michael.coburn@isleofwightus.net . The subject line must show the proposal number and name. This form shall be included as part of your submittal; else, your response may - Late Proposals : Proposals and amendments thereto, if received by Purchasing after the 3. date and time specified, will not be considered. It will be the responsibility of the offeror to see that their proposal is received by Purchasing as specified. There will be no exceptions. Electronic proposals show the date and time sent. This must be prior to the closing date published on the front cover. County Offices Closures : Should the County 4. receipt of proposals at the time of the scheduled proposal closing, the proposals will be accepted and opened on the next business day of the County, at the original scheduled hour, or as soon as connectivity is restored during normal business hours. Offer/Acceptance : Each proposal is received with the understanding that the acceptance 5. in writing by the County of the offer to furnish any or all of the goods and/or services described therein, shall constitute a contract between the offeror and the County, which shall bind the offeror to furnish and deliver the goods and/or services quoted at the prices stated and in accordance with the conditions of the accepted proposal; and the County on its part to order from such offeror, except for causes beyond reasonable control; and pay for, at the agreed prices, all goods and/or services specified and delivered. Withdrawal of Proposals : Proposals may be withdrawn (cancelled) any time prior to the 6. closing time and date. Withdrawal of proposals may be accomplished by submitting such request in writing on the issuing company's letterhead either by email, in person, or by certified mail. Addenda : If issued, addenda to this solicitation will be posted on the website 7. (http://www.co.isle-of-wight.va.us/budget-and-finance/ to check the website or contact the Purchasing Division prior to the submittal deadline to ensure that the offeror has a complete, up-to-date package. Acknowledgement of all issued Addenda shall be indicated on the proposal form in the appropriate spaces. Page 6 of 20 RFP #15-8170-01 Award : Award will be made to the offer considered by the County 8. after following the procedure outlined herein. The process used for this solicitation shall be Competitive Negotiation for Professional Services as outlined in the Virginia Public Procurement Act. Announcements : Upon the award or the announcement of the decision to award a 9. contract, the County will publicly post such notice on the bulletin board located in the http://www.co.isle-of- wight.va.us/budget-and-finance/ County : The County reserves the right to reject any and all proposals, and to 10. waive any informality if it is determined to be in the best interest of the County. Delivery : The time of delivery of services must be stated in definite terms. If time of 11. delivery for different goods and/or services varies, the offeror shall so state. Silence of Specifications : The apparent silence of these specifications and any 12. supplemental specifications as to any detail or the omission from the specifications of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and correct type, size and design are to be used. All interpretations of these specifications shall be made on the basis of this statement. Capacity of Offeror: All proposals must be signed by a responsible officer or employee 13. having the authority to bind the firm in contract. The offeror agrees that its contract performance shall be in strict conformance with the contract documents. Rights to Damages : By signing this proposal, the offeror assigns to the County any and 14. all rights that it may have under the antitrust laws of the United States and the Commonwealth of Virginia in any way arising from or pertaining to this proposal. This provision is remedial in nature and is to be liberally construed by any court in favor of the County. Anti-collusion : The offeror certifies by signing this Request for Proposals that this 15. proposal is made without prior understanding, agreement, or accord with any other person or firm submitting a proposal for the same goods and/or services and that this proposal is in all respects bona fide, fair, and not the result of any act of fraud or collusion with another person or firm engaged in the same line of business or commerce. Any false statement hereunder may constitute a felony and can result in a fine and imprisonment, as well as civil damages. Should sub-Consultant s or sub consultants have interest in multiple submittals, this clause does not apply except when an act of collusion or fraud. Indemnification : The Consultant shall defend, indemnify and hold the County, and the 16. County court costs) of every kind and nature (including, without limitation, those arising from any injury or damage to any person, property or business) incurred by or claimed against the Consultant , its employees, agents, and volunteers, or incurred by or claimed against the County, the Countys, and volunteers, arising out of, or in connection Page 7 of 20 RFP #15-8170-01 with, the performance of all services hereunder by the Consultant. This indemnification and hold harmless includes, but is not limited to, any financial or other loss including, but not limited to, any adverse regulatory, agency or administrative sanction or civil penalties, incurred by the County due to the negligent, fraudulent or criminal acts of the Consultant - Consultant s, or any other person or entity acting on behalf of the Contractor. Unless otherwise provided by law, the Contractor indemnification obligations hereunder shall not be limited in any way by the amount or type of damages, compensation, or benefits payable employee benefit acts, or benefits payable under any insurance policy. This paragraph shall survive the termination of the contract including any renewal or extension thereof. Copyright Protection : The Contractor agrees to defend and save the County, its agents, 17. officials, and employees, harmless from liability of any nature or kind, for use of any copyright, composition, secret process, patented or unpatented invention, articles or appliances furnished or used in the performance of the contract, or which the Contractor is not the patentee, assignee, or licensee, to the same extent as provided in the above paragraph. Laws, Regulations : The Contractor shall keep fully informed of all federal, state, and 18. local laws, ordinances and regulations that in any manner affect the conduct of the work. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations. Alien employment : The Contractor certifies that he does not and shall not during the 19. performance of the contract for goods and services in the Commonwealth, knowingly employ unauthorized aliens as defined in the federal Immigration Reform and Control Act of 1986, as amended. SCC Authorization : All offerors authorized to transact business in the Commonwealth 20. pursuant to Title 13.1 or Title 50, as amended, shall include the identification number issued to it by the State Corporation Commission. 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, as amended, or as otherwise required by law shall include in its proposal or proposal a statement describing why the offeror or offeror is not required to be so authorized. SCC Number, or Statement: _______________________________________________ Any business entity that enters into a contract with a public body 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, as amended, to be revoked or cancelled at any time during the term of the contract. The County may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section. Default : In event of default by the Contractor, the County reserves the right to procure the 21. goods and/or services from other sources, and hold the Contractor liable for any excess Page 8 of 20 RFP #15-8170-01 cost occasioned thereby. Such actions taken by the County shall not release the contractor from additional remedies that may be allowed by law. Availability of Funds : When a contract resulting from this solicitation involves multiple 22. fiscal periods, such contract shall be deemed in force only to the extent of appropriations available to each department for the purchase of such goods and/or services. The County extended obligations on those contracts that envision extended funding through successive fiscal periods shall be contingent upon actual appropriations for the following years. Appeals Procedure : Upon your request, administrative appeals information will be 23. provided that shall be used for hearing protests of a decision to award, or an award, appeals from refusal to allow withdrawal of proposals, appeals from disqualification, appeals for debarment or suspension, or determination of non-responsibility and appeals from decision or disputes arising during the performance of a contract. To be timely all appeals shall be made within the time periods set forth by the Virginia Public Procurement Act, §2.2-4357, et seq. Contact the buyer at once for assistance. Faith-based Organizations : Isle of Wight County does not discriminate against faith- 24. based organizations. Anti-Discrimination : By submitting their proposals, offerors certify to the County that 25. they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians with Disabilities Act, the Americans with Disabilities Act and 2.2-4311 of the Virginia Public Procurement Act (VPPA). 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 2.2.4343.1E). In every contract over $10,000 shall include the following provisions: 1.During the performance of this contract, the Contractor agrees as follows: 1.The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, service disabled veterans or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 2.The Contractor, in all solicitations or advertisements for employees placed by or on Page 9 of 20 RFP #15-8170-01 behalf of the Contractor, will state that such Contractor is an equal opportunity employer. 3.Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements. 2.The Contractor will include the provisions of Section a, b, and c above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. Drug-Free Workplace : During the performance of this contract, the Contractor agrees to 26. (1) provide a drug-free workplace for the Contractor's employees; (2) post in conspicuous place, 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 Consultant 's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (3) state in all solicitation or advertisement for employees placed by or on behalf of the Consultant that the Consultant maintains a drug-free workplace; and (4) 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 sub-consultant 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 Consultant, 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. Assignment of Contract : A contract shall not be assignable by the Consultant in whole 27. or in part without the written consent of the County. Independent Consultant: The Consultant and any employees, agents, or other persons or 28. entities acting on behalf of the Consultant shall act in an independent capacity and not as officers, employees, or agents of the County. Scheduling and Delays : The parties to any contract resultant of this solicitation 29. acknowledge that all or part of the work to be performed hereunder may be delayed and extended at the option of the County. Such delays may be caused by delays, denials and modifications of the various state or federal permits, or for other reasons. The County shall not be r compensation, extended overhead, or other damage or consequential damages arising out of or related to any delays or interruptions required or ordered by the County. If the County delays the project for any reason for a continuous period of ninety (90) days or more, the County award amount. Notwithstanding the above, in construction contracts, to the extent that an unreasonable delay is caused by the act or omissions of the County due to causes within the County Page 10 of 20 RFP #15-8170-01 Governing Law : This Agreement is made, entered into, and shall be performed in the 30. County of Isle of Wight, Virginia, and shall be governed by the applicable laws of the Commonwealth of Virginia without regard to its conflict of law rules. In the event of litigation concerning this Agreement, the parties agree to the exclusive jurisdiction and venue of the Circuit Court of Isle of Wight, Virginia; however, in the event that the federal court has jurisdiction over the matter, then the parties agree to the exclusive jurisdiction and venue of the U.S. District Court for the Eastern District of Virginia, Norfolk Division. The Consultant shall not cause a delay in services because of the pending or during litigation proceedings, except with the express, written consent of the County or written instruction/order from the Court. Severability : If any provision of a contract resulting from this solicitation, or the 31. application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this contract, or the application of such provision to persons or circumstances other than those which it is invalid or unenforceable, shall not be affected hereby, and each provision of this contract shall be valid and enforced to the full extent permitted by law. Termination for Convenience : The County may at any time, and for any reason, 32. terminate this Contract by written notice to Consultant specifying the termination date, which shall be not less than thirty (30) days from the date such notice is mailed. Notice shall be given to Consultant by certified mail/return receipt requested at the address termination, Consultant shall be paid such amount as shall compensate Consultant for the work satisfactorily completed, and accepted by the County, at the time of termination. If the County terminates this Contract, Consultant shall withdraw its personnel and equipment, cease performance of any further work under this Contract, and turn over to the County any work completed or in process for which payment has been made. After the first contract term the Consultant may at any time, and for any reason, terminate the Contract by written notice to the County specifying the termination date, which shall not be less than thirty (30) days from the date such notice is mailed. Termination for Cause : In the event that Consultant shall for any reason or through any 33. cause be in default of the terms of this Contract, the County may give Consultant written notice of such default by certified mail/return receipt requested at the address set forth in Unless otherwise provided, Consultant shall have ten (10) days from the date such notice is mailed in which to cure the default. Upon failure of Consultant to cure the default, the County may immediately cancel and terminate this Contract as of the mailing date of the default notice. Upon termination, Consultant shall withdraw its personnel and equipment, cease performance of any further work under the Contract, and turn over to the County any work in process for which payment has been made. In the event of violations of law, safety or Page 11 of 20 RFP #15-8170-01 health standards and regulations, this Contract may be immediately cancelled and terminated by the County and provisions herein with respect to opportunity to cure default shall not be applicable. Contact ProhibitionDirect contact with County departments other than Purchasing, : 34. on the subject of this proposal is expressly forbidden except with the foreknowledge and permission of the Contract Officer. Violation may result in a determination that your firm is ineligible for an award. All questions shall be in writing to the Contract Officer shown on the title page of the proposal. The respondents to this RFP shall not contact, either directly or indirectly, any other employee or agent of the County regarding this RFP. Any such unauthorized contact may disqualify the offeror from this procurement. Additional Conditions : The Conditions and Instructions in this solicitation are intended 35. to apply to the resulting contract and shall supersede any conflicting terms offered. Any additional conditions an offeror intends be considered must be submitted with the proposal and noted as an exception. Such exceptions may result in a finding that the submittal is - Contractual documents submitted by the successful firm after an award will not be accepted. Consultant Failure to Perform : Failure of the Consultant to perform the contract by 36. reason of the County-acceptance of additional conditions submitted after the award shall result in termination of the contract by the County, and may result in debarment of the Consultant for a period of up to three (3) years. Termination and /or debarment of the Consultant shall not constitute a waiver by the County of any other rights or remedies available to the County by law or contract. Conflict : In the event of a conflict between the contract documents, including these 37. Conditions and Instructions, the contract documents shall control. Records and Inspection : The Consultant shall maintain full and accurate records with 38. respect to all matters covered under this contract, including, without limitation, accounting records, written policies, procedures, time records, telephone records, and any other supporting evidence used to memorialize, reflect, and substantiate charges or fees related s records shall be open to inspection and subject to audit and/or reproduction, during normal working hours, by the County and its employees, agents or authorized representatives after giving at least three (3) days Consultant by the County. The County shall have access to such records from the effective date of this contract, for the duration of the contract, and for five (5) years after the date of final payment by the County to the Consultant pursuant to this contract or any renewal or extension of this contract. The County and shall be provided adequate and appropriate work space, in order to conduct audits. Rights and Remedies Not Waived : In no event shall the making by the County of any 39. payment to the Consultant, or the waiver by the County of any provision under this contract Page 12 of 20 RFP #15-8170-01 including any obligation of the Consultant , constitute or be construed as a waiver by the County of any other provision, obligation, breach of covenant, or any default which may exist under this contract on the part of the Consultant , and the making of any such payment by the County while any such breach or default exists shall not impair or prejudice any right or remedies available to the County. Entire Agreement : An resultant contract and any additional or supplementary documents 40. incorporated herein by reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. The contract shall not be modified, altered, changed or amended unless in writing and signed by the parties hereto. Conflicts of Interests : Consultant shall not accept or receive commissions or other 41. payments from third parties for soliciting, negotiating, procuring, or effecting insurance on behalf of the County. The County may not procure supplies, equipment, materials or other goods from a consultant on the same project. Responsibility of Consultant: The Consultant shall, without additional costs or fee to the 42. County, correct or revise any errors or deficiencies in his performance. Neither the County under this Agreement shall be deemed a waiver of rights by the County, and the Consultant shall remain liable to the County for all costs which are incurred by the County as a result Agreement. Changes and Additions : It shall be the responsibility of the Consultant to notify the 43. County, in writing, of any necessary modifications or additions in the Scope of this Agreement. Compensation for changes or additions in the Scope of this Agreement will be negotiated and approved by the County, in writing. It is understood and agreed to by both the County and the Consultant that such modifications or additions to this Agreement shall be made only by the full execution of the Countyorder form. Furthermore, it is understood and agreed by both parties that any work done by the Consultant on such modification or addition to this Agreement prior to the County change order form shall be at the total risk of the Consultant and said work may not be compensated by the County. Exemption from Taxes : The County is exempt from State Sales Tax and Federal Excise 44. Tax. Tax Exemption Certificate indicating the County by the County upon request. Debarment Status : By submitting a proposal, proposers certify that they are not currently 45. debarred by the Commonwealth of Virginia from submitting proposals or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred. Page 13 of 20 RFP #15-8170-01 Safety : All Consultant s and sub-consultant s performing services for the County are 46. required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Consultants and sub-consultants shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract. License Requirement : All firms doing business in the County are required to be licensed 47. in accordance with the County business license ordinance. Wholesale and retail merchants without a business location in the County are exempt from this requirement. Any questions Office, telephone (757) 514-4260. : In cases where the County 48. agreement cannot be accepted by the County, and in consideration of the convenience of using that form, and this form, without the necessity of negotiating a separate contract document, the parties hereto specifically agree that, notwithstanding any provisions County sh : Only proposals from established Consultant s for work similar 49. in scope to work herein shall be considered; the County reserves the right to request specific reference information prior to award. Offeror shall demonstrate that they have adequate and appropriate manpower, tools and equipment to respond and perform in accordance with the provisions herein. The County may, at its option, disqualify an offeror and reject his proposal for cause. Reasons deemed to be sufficient for this action shall include, but not be limited to, the following: Evidence of collusion among offeror. Receipt of more than one proposal on any project from an individual, or from a corporation. This restriction does not apply to sub-consultants Default on any previous contract. For unreasonable failure to complete a previous contract within the specified time or for being in arrears on an existing contract without reasonable cause for being in arrears. Inability to perform as revealed by an investigation of the Proposer's financial statement, experience and/or plant and equipment. Consultant does not meet project-specific requirements, as identified in the Contract Documents Pricing to be F.O.B. Destination Freight Allowed: Pricing shall be F.O.B. destination- 50. freight included for all competitive proposals. F.O.B. Destination-Freight Included shall include all shipping costs to the County location(s) at the unit cost. No additional shipping charges shall be allowed. Contract Quantities : The quantities specified in the Request for Proposals are estimates 51. Page 14 of 20 RFP #15-8170-01 only unless otherwise clearly noted, and are given for the information of offeror and for the purpose of proposal evaluation. They do not indicate the actual quantity that will be required, since such volume will depend upon requirements that may develop during the contract period. Quantities shown shall not be construed to represent any amount which the County shall be obligated to purchase under the contract, or relieve the Consultant of his obligation to fill all orders placed by the County, except as clearly noted. Competition Intended : It is the County 52. if any language requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be received by the Project Manager prior to the date set for proposals to close. Insurance: The successful offeror shall procure, maintain, and provide proof of, insurance 53. coverage for injuries to persons and/or property damage as may arise from or in conjunction with, the work performed on behalf of the County by the offeror, his agents, representatives, employees or subcontractors. Proof of coverage as contained herein shall be submitted fifteen (15) days prior to the commencement of work and such coverage shall be maintained by the offeror for the duration of the contract period; for occurrence policies. Claims made policies must be in force or that coverage purchased for three (3) years after contract completion date. a. General Liability Coverage shall be as broad as: Comprehensive General Liability endorsed to include Broad Form, Commercial General Liability Form including Products/Completed Operations. 1. Minimum Limits General Liability: $1,000,000 General Aggregate Limit $1,000,000 Products & Completed Operations $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence Limit $50,000 Fire Damage Limit $5,000 Medical Expense Limit b. Automobile Liability Coverage sufficient to cover all vehicles owned, used, or hired by the offeror, his agents, representatives, employees or subcontractors. 1. Minimum Limits Automobile Liability: $1,000,000 Combined Single Limit $1,000,000 Each Occurrence Limit $5,000 Medical Expense Limit c. Workers' Compensation Limits as required by the Workers' Compensation Act of Virginia. Employers Liability, $1,000,000. d. Professional Liability Page 15 of 20 RFP #15-8170-01 1.The successful offeror shall provide the County with an Errors and Omissions Liability Policy (E&O Policy). The policy shall cover the County for all sources of liability which would be covered by the latest edition of the standard Errors and Omissions Liability Coverage Form, as filed for use in the Commonwealth of Virginia by the Insurance Services Office, without the attachment of restrictive endorsements. 2.The County policy shall be endorsed to include the County's officials, officers, agents and employees as insured. The E&O Policy shall include the successful offeror and the offeror's subcontractors of every tier as the offeror designated in the declarations. 3. The minimum E&O Policy limits to be provided by the successful offeror (inclusive of any amounts provided by an umbrella or excess policy) shall be $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. The limits afforded by the E&O Policy (or umbrella or excess policy with respect to it) shall apply only to the County and County 's officials, officers, agents and employees and only to claims arising out of or in connection with the work under this contract. 4. Notice of Cancellation and/or Restriction - The policy must be specifically endorsed to provide the County with forty- non-renewal, change in coverage, and/or restriction. a.Coverage Provisions 1. All deductibles or self-insured retention shall appear on the certificate(s). 2. The County, its' officers/ officials, employees, agents and volunteers shall be added as "additional insured" as their interests may appear. This provision does not apply to Professional Liability or Workers' Compensation/Employers' Liability. 3. The offeror's insurance shall be primary over any applicable insurance or self- insurance maintained by the County. 4. Shall provide 30 days written notice to the County before any cancellation, suspension, or void of coverage in whole or part, where such provision is reasonable. 5. All coverage for subcontractors of the offeror shall be subject to all of the requirements stated herein. 6. All deductibles or self-insured retention shall appear on the certificate(s) and shall be subject to approval by the County. At the option of the County, either; the insurer shall reduce or eliminate such deductible or self-insured retention; or the offeror shall be required to procure a bond guaranteeing payment of losses and related claims expenses. 7. Failure to comply with any reporting provisions of the policy(s) shall not affect coverage provided the County, its' officers/officials, agents, employees and volunteers. Page 16 of 20 RFP #15-8170-01 8. The insurer shall agree to waive all rights of subrogation against the County, its' officers/officials, agents, employees or volunteers for any act, omission or condition of premises which the parties may be held liable by reason of negligence. 9. The offeror shall furnish the County certificates of insurance including endorsements affecting coverage. The certificates are to be signed by a person authorized by the insurance company(s) to bind coverage on its' behalf, if executed by a broker, notarized copy of authorization to bind, or certify coverage must be attached. 10. All insurance shall be placed with insurers maintaining an A.M. Best rating of no less than an A: VII. If A.M. Best rating is less than A: VII, approval must be received from County's Risk Officer. 11. All coverage designated herein shall be as broad as the Insurance Services Office (ISO) forms filed for use with the Commonwealth of Virginia. Payments to Subcontractors: Within seven days after receipt of amounts paid by the 54. County for work performed by a subcontractor under this contract, the Contractor shall either: a. Pay the Subcontractor for the proportionate share of the total payment received from the County attributable to the work performed by the Subcontractor under this contract; or, b. Notify the County and Subcontractor, in writing, of his intention to withhold all or a part of the Subcontractor's payment and the reason for non- payment. The Contractor shall pay interest to the Subcontractor on all amounts owed that remain unpaid beyond the seven-day period except for amounts withheld as allowed in item b. above. Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent per month. The Contractor shall include in each of its subcontracts a provision requiring each Subcontractor to include or otherwise be subject to the same payment and interest requirements as set forth above with respect to each lower-tier subcontractor. The Contractor's obligation to pay an interest charge to a Subcontractor pursuant to this provision may not be construed to be an obligation of the County. Ownership of Documents : Any reports, specifications, blueprints, negatives or other 55. documents prepared by the Contractor in the performance of its obligations under the resulting contract shall be the exclusive property of County, and all such materials shall be returned to the owner upon completion, termination, or cancellation of this contract. The Contractor shall not use, willingly allow, or cause such materials to be used for any purpose the prior written consent of County. Documents and materials developed by the Contractor Page 17 of 20 RFP #15-8170-01 under the resulting contract shall be the property of County; however, the Contractor may retain file copies, which cannot be used without prior written consent of the Owner. County agrees that the Contractor shall not be liable for any damage, loss, or injury resulting from the future use of the provided documents for other than the project specified, when the Contractor is not the firm of record. Submissions: All project correspondence, design/review documents, reports, etc. prepared 56. by the Contractor shall be distributed to the County format and number of copies as directed by the task statement of work. Within thirty (30) days of project completion, the Contractor shall prepare and submit a Project Completion Report with project closeout documents and submit to the County's Project Manager Contractual Disputes: The Contractor shall give written notice to the Purchasing Officer 57. of his intent to file a claim for money or other relief at the time of the occurrence or the beginning of the work upon which the claim is to be based. The written claim shall be submitted to the Purchasing Officer no later than sixty (60) days after final payment. If the claim is not disposed of by agreement, the Purchasing Officer shall reduce his decision to writing and mail or otherwise forward a copy thereof to the Contractor within thirty (30) days of receipt of the claim. The Purchasing Officer's decision shall be final unless the Contractor appeals within thirty (30) days by submitting a written letter of appeal to the County Administrator, or his designee. The County Administrator shall render a decision within sixty (60) days of receipt of the appeal. Responsibility for Making Corrections: The Consultant shall, without additional costs 58. or fee to the County, correct or revise any errors or deficiencies in its performance, The County under the contract shall be deemed a waiver of rights by the County as a result of the Page 18 of 20 RFP #15-8170-01 SIGNATURE SHEET (Submit with Proposal) My signature certifies that the proposal as submitted complies with all Terms and Conditions as set forth. My signature also certifies that the accompanying proposal is not the result of, or affected by, any unlawful act of collusion with another person or company engaged in the same line of business or commerce, or any act of fraud punishable under Title 18.2, Chapter 12, Article 1.1 of the Code of Virginia, 1950, as amended. Furthermore, I understand that fraud and unlawful collusion are crimes under the Virginia Governmental Frauds Act, the Virginia Government Bid Rigging Act, and Virginia Antitrust Act, and Federal Law, and can result in fines, prison sentences, and civil damage awards. My signature also certifies that this firm has no business or personal relationships with any other companies or persons that could be considered as a conflict of interest or potential conflict of interest to the County and that there are no principals, officers, agents, employees, or representatives of this firm that have any business or personal relationships with any other companies or persons that could be considered as a conflict of interest or a potential conflict of interest to the Isle of Wight County, pertaining to any and all work or services to be performed as a result of this request and any resulting contract with the County. I hereby certify that I am authorized to sign as a Representative for the Firm: Complete Legal Name of Firm: ____________________________________________ Address: ______________________________________________________________ Federal ID No.:_________________________________ Telephone No.______________________ Fax No._____________________________ Name (type/print):_________________________ Title: _______________________ Signature: ____________________________________ Page 19 of 20 RFP #15-8170-01 PROPRIETARY/CONFIDENTIAL INFORMATION IDENTIFICATION (RFP #15-4110-2) Name of Firm/Offeror: ____________________________________________ Trade secrets or proprietary information submitted by an offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the offeror must invoke the protections of §2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected, including the section of the proposal in which it is contained, as well as the page number(s), and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute a trade secret or proprietary information. In addition, a summary of proprietary information provided shall be submitted on this form. The designation of an entire proposal document, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable. If, after being given reasonable time, the offeror refuses to withdraw such a classification designation, the proposal will be rejected. SECTION/TITLE PAGE REASON(S) FOR WITHHOLDING FROM NUMBER(S) DISCLOSURE Page 20 of 20