City of Waynesboro Virginia Office of Economic Development Request for Proposal - Website And Collateral Material

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1 City of Waynesboro Virginia Office of Economic Development Request for Proposal - Website And Collateral Material A. Project Description The City of Waynesboro Virginia Office of Economic Development is seeking a proposal to create a stand-alone economic development website and to create a series of business attraction and retention marketing material as defined in the scope of services below. In a separate RFP, the office is seeking proposals to change / modify / create a brand and tag line that can be used in economic development and in all facets of the City. B. Community Profile Sitting at the crossroads of two major interstates and two major railroads, Waynesboro, a community of just over 20,000, boasts a strong industrial heritage, booming commercial corridors, and a central business district with a developing arts and culture cluster. The City of Waynesboro is strategically located at the crossroads of interstates 64 and 81, CSX and Norfolk and Southern Railroads, and two National Scenic Byways, the Blue Ridge Parkway and Skyline Drive, making the location ideal for business and leisure. Business has always found a successful, friendly home in the City. From industry giants DuPont, General Electric, and Mohawk, to today s leading employers PGI, Invista, and ntelos, companies thrive on the great distribution network, dedicated workforce, and abundant water. For businesses looking to relocate or expand, the City has a variety of buildings and sites available to meet most requirements from downtown store fronts, to historic industrial buildings primed for reuse, to industrial park green-field. Our downtown area and City owned industrial park are included in the Virginia Enterprise Zone, which provides for outstanding incentives for job growth and capital improvements. In addition, the City has a variety of other incentive opportunities for qualified businesses. The City s strategic location provides for easy access to the global marketplace. With next day delivery options for much of the eastern half of the United States, two rail options, a Foreign Trade Zone, and two international airports within two hours, the world is at our fingertips. After hours, the City features strong art and heritage museums, a regional retail corridor featuring major chain store and local independent shopping, fine and casual dining options, and abundant outdoor recreation for all tastes including recognition as one of the best towns in America for hunting and fishing. The South River, once the strategic advantage for industry, is transforming itself to a strategic location for leisure. The river provides an opportunity for fly-fishing, canoeing, or walking & biking along the City s planned Greenway. When completed, the greenway will connect the City s recreational areas with the Central Business District. City of Waynesboro ED Marketing RFP July 2011 Page 1 of 10

2 One of Virginia s Main Street communities, the downtown area is also in a period of transforming itself from the hustle and bustle of main street retail, to an area preparing for future technology while embracing the home town community spirit with annual festivals and events. C. Background Within the last 18 months, the City has placed a renewed emphasis on outside marketing: Business to Consumer (Tourism) and Business to Business (Economic Development). As part of that renewed emphasis, the City has recently launched a new tourism website ( and is in the process of completing an Economic Development Strategic Plan. To facilitate several goals and strategies within the Strategic Plan, a more focused website and collateral material is desired. Historically, the City has not been proactive in business recruitment, or in being competitive in business retention, relying on the success of large current industry and a large influx of retail. D. Overall Objectives Development of an easy to navigate stand-alone website to provide economic development information and data to a variety of users, including, but not limited to, site location consultants, corporate real estate executives, entrepreneurs, and local citizens. o Information and data includes: demographics, current industry make up, available sites and buildings, quality of life features, incentives, starting and growing a business, available community resources for business, and more. Development of a system of complementary brochures and or fact sheets to provide a variety of information such as general information, how to start a small business, local incentive program, retail trade area demographics, etc. o High quality, easy to update. Develop a series of three (3) advertising concepts that can be adapted for print and electronic use. E. Scope of Work Design of an interactive, visually attractive, comprehensive, inviting and easy to navigate business to business web site that promotes the area as a premier location for business. o City of Waynesboro will provide copy and data in Microsoft Word, Excel, or pdf files. o The City will also provide rights to existing and original photography; should stock photography be necessary, purchase of same will be outside this agreement, but the City will rely on expertise and relationships of vendor to secure. o Register website with a variety of search engines; use meta tags to make pages visible to automatic searches; provide appropriate links; and upload to search engines that may include, but not limited to, Google, Bing, Yahoo, Ask and others including specialty Economic Development directories. o Include in the design: Contact information and contact us link on every page City of Waynesboro ED Marketing RFP July 2011 Page 2 of 10

3 Home page link on every page Provide up to five address aliases automatically send to one address based on area of interest checked on contact us form Create a password protected portion of the site for example, sensitive or select information would be posted behind a password the password would be given to only individuals who needed the information Create a landing page strategy for example, future print or electronic ads would direct responders to a landing page specific to the ad Quick find index on the home page Ability to link to third party GIS and other databases and or services Mobile version or design compatible with mobile viewing. Report Building / Shopping cart - ability for user to create custom material by adding pages to shopping cart to print with multiple format options. Similar to resource packet feature on Search feature (within site). fip upload to server capable. rss feed button. Links to facebook, you tube, and others o Test site on all applicable platforms to ensure web site works as promised. Discuss W3C compliance o Delivery and uploading of site to a City selected hosting server. o Implementation of tracking software to produce user defined site reports. o Review IEDC (International Economic Development Council) annual marketing contest winning websites for ideas and trends (url's provided). o Provide system for City staff to have ability to make routine content updates. Provide training and 6 months (from date of launch) of support. o We are open to and encourage new technology and ideas! Make recommendations on an appropriate and available domain name (s). Create a series of complementary brochures and information sheets. The final number and content is being determined. o For bid purposes, include an eight page four color 8.5x11 general information brochure, with four specific information sheets (two color, two sided, 8.5x11). Topics of the information sheets might include industry specific (manufacturing) data; how to start a small business; retail market area information; etc. o Do not include printing. o Provide three (3) concepts and offer up to three (3) opportunities for revision before finalizing the concept. o City of Waynesboro will provide copy and data in Microsoft Word, Excel, or pdf files. Create a series of three (3) advertising concepts promoting the unique selling proposition (s) of Waynesboro o o Adaptable for a variety of sizes and formats in print and electronic media. For bid purposes, include creation of a 5x5 four color ad ready for print production for each of the three (3) concepts. City of Waynesboro ED Marketing RFP July 2011 Page 3 of 10

4 F. Process and Timeline RFP released: July 8, 2011 Deadline for questions: 12:00 PM, July 18, 2011 Proposal submittal deadline: 2:00PM, July 26, 2011 Target date for selection of contractor: August 26, 2011 Target date for contract start: As soon as practical following selection G. Proposal Questions All technical questions relating to this request for proposals shall be submitted IN WRITING and ed to Please include the name of the RFP in the subject line. All questions and responses will be ed within two business days to all known firms responding to the RFP and will be posted as an amendment on the e-va procurement website. H. Proposal Contents All proposals should include the following: 1. Description of the experience and / or technical skill needed to complete the project. 2. Brief history and capabilities of your agency. 3. Contact information for purpose of communication with respect to evaluation of the RFP and any subsequent communications. 4. The name and signature of person authorized to sign on behalf of the firm to bind statements made in the proposal. 5. Three professional references where similar services and deliverables have been provided. 6. Key personnel to be assigned, summarizing their qualifications and relevant experience. a. Indicate project manager to be assigned for duration of project. b. If the execution of work you propose requires the hiring of subcontractors, you must clearly state this in your proposal. Sub-contractors and the work they will perform must be identified. 7. A pricing sheet that identifies all costs for labor, overhead, materials, profit, and all other expenses necessary to complete the work contemplated. Be sure to include costs to adapt advertising concepts to different sizes / formats. 8. Total cost for each segment of the project as described: 1. website development and 2: collateral material design. Any additions or recommendations to the project should be itemized. 9. Examples of similar projects including websites. 10. Date that you can start the project and suggested time line to complete the project. 11. Describe the financial responsibility of the firm, including an agreement to carry Professional Liability Insurance in an amount not less than $100,000/$500,000, and offer a minimum of $1,000,000 excess liability insurance umbrella form, or such other insurance as is satisfactory and may be approved by the City. All insurance coverage s shall be written by companies licensed to do business in Virginia, shall be administered by a Virginia registered agent, and shall ensure prior written notification to the City prior to cancellation of the policy. 12. Any additional information that would be beneficial to the City in reviewing your proposal. City of Waynesboro ED Marketing RFP July 2011 Page 4 of 10

5 I. Submission Details Four (4) bound copies of the completed proposal, as well as an electronic copy of the entire proposal on CD or flash drive, must be received at the City of Waynesboro Office of Economic Development no later than the time and date listed in section F above. Proposals may be submitted by common carrier or in - person. Proposals delayed will not be reviewed. Be advised that overnight delivery is not available to Waynesboro from all locations. To the attention of: Gregory E. Hitchin City of Waynesboro Economic Development Attn: ED Marketing Proposal 301 West Main Street Waynesboro, Virginia (p) (f) hitchinge@ci.waynesboro.va.us A. Evaluation of Proposals Proposals shall be evaluated by the City of Waynesboro based on the criteria listed below. Vendors shall ensure that all elements of the criteria are fully covered in their proposals. 1. Ability to provide products and services as specified 2. Demonstrated past performance and desired outcome of services (if measurable) 3. Experience and qualifications of key personnel 4. Provision of the most cost-effective solution to the City s objectives 5. Ability to schedule and begin implementation of the project upon award B. Terms of the Contract The Office of Economic Development expects to choose a firm promptly and intends to begin the contracted services as soon as practical. The Office of Economic Development reserves the right to negotiate contract terms with the successful contractor for items/services other than those specifically stated in this RFP in the best interest of the City and agreed to by the contractor. The contract shall be in effect for one (1) year from date of award with an option for up to two (2) additional one (1) year renewals by mutual agreement between the City and the successful offeror. The contract shall be subject to cancellation for cause or convenience with written notice 30 days prior to the effective date of the cancellation. No change in pricing at renewals shall occur except as shall delineated by the contractor in a written proposal to the City and agreed to in writing by the City and causing a change order to the existing purchase order to occur. City of Waynesboro ED Marketing RFP July 2011 Page 5 of 10

6 GENERAL TERMS AND CONDITIONS A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is accessible on the Internet at under Vendors Manual on the vendors tab. B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought before a court of competent jurisdiction in the City of Waynesboro. The contractor shall comply with all applicable federal, state and local laws, rules and regulations. C. ANTI-DISCRIMINATION: By submitting their (bids/proposals), (bidders/offerors) certify to the City that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and 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, E). In every contract over $10,000 the provisions in 1. and 2. below apply: 1. During the performance of this contract, the contractor agrees as follows: a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, 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. b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer. c. 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 1 above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. D. ETHICS IN PUBLIC CONTRACTING: By submitting their (bids/proposals), (bidders/offerors) certify that their (bids/proposals) are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other (bidder/offeror), supplier, manufacturer or subcontractor in connection with their (bid/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. E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By entering into a written contract the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of F. DEBARMENT STATUS: By submitting their (bids/proposals), (bidders/offerors) certify that they are not currently debarred by the City of Waynesboro or Commonwealth of Virginia from submitting bids 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. G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the City of Waynesboro 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 of Virginia, relating to the particular goods or services purchased or acquired by the City of Waynesboro under said contract. H. MANDATORY USE OF FORMS AND TERMS AND CONDITIONS FOR IFBs AND RFPs Failure to submit a proposal on the official form, if provided for that purpose in the solicitation, may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, the City reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal. I. CLARIFICATION OF TERMS: If any prospective (bidder/offeror) has questions about the specifications or other solicitation documents, the prospective (bidder/offeror) shall contact the buyer whose name appears on the face of the solicitation in the manner and in accordance with the schedule provided in the solicitation. Any revisions to the solicitation will be made only by addendum issued by the City. J. PAYMENT: 1. To Prime Contractor: a. 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 contract number and/or purchase order number. b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however. c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price. d. 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. City of Waynesboro ED Marketing RFP July 2011 Page 6 of 10

7 e. 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 shall 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 will promptly notify the contractor, in writing via , 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 an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, ). 2. To Subcontractors: a. A contractor awarded a contract under this solicitation is hereby obligated: (1) To pay the subcontractor(s) within seven (7) days of the contractor s receipt of payment from the City for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or (2) To notify the City and the subcontractor(s), in writing via , of the contractor s intention to withhold payment and the reason. b. The contractor 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 contractor that remain unpaid seven (7) days following receipt of payment from the City, 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. A contractor s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the City. 3. Each prime contractor who wins an award in which provision of a SWAM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWAM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment. K. PRECEDENCE OF TERMS: The following: General Terms and Conditions, VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI- DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF FORMS AND TERMS AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply. L. QUALIFICATIONS OF (BIDDERS/OFFERORS): The City may make such reasonable investigations as deemed proper and necessary to determine the ability of the (bidder/offeror) to perform the services/furnish the goods and the (bidder/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 (bidder s/offeror s) physical facilities prior to award to satisfy questions regarding the (bidder s/offeror s) capabilities. The City further reserves the right to reject any (bid/proposal) if the evidence submitted by, or investigations of, such (bidder/offeror) fails to satisfy the City that such (bidder/offeror) is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein. M. TESTING AND INSPECTION: The City reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications. N. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the City. O. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways: 1. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract. 2. The City may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt. The contractor will be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods: a. By mutual agreement between the parties in writing; or b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the City s right to audit the contractor s records and/or to determine the correct number of units independently; or c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the City with all vouchers and records of expenses incurred and savings realized. The City will have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the City within thirty (30) days from the date of receipt of the written order from the City. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the City or with the performance of the contract generally. City of Waynesboro ED Marketing RFP July 2011 Page 7 of 10

8 P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the City, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the City may have. Q. TAXES: Sales to the City are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. R. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict (bidders/offerors) to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The (bidder/offeror) is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the City to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the (bidder/offeror) clearly indicates in its (bid/proposal) that the product offered is an equivalent product, such (bid/proposal) will be considered to offer the brand name product referenced in the solicitation. S. TRANSPORTATION AND PACKAGING: By submitting their (bids/proposals), all (bidders/offerors) certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity. T. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder/offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers compensation insurance in accordance with and et seq. of the Code of Virginia. The bidder/offeror further certifies that the contractor and any subcontractors will maintain these insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. MINIMUM INSURANCE COVERAGES AND LIMITS REQUIRED (AS APPLICABLE): 1. Workers Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract. 2. Employer s Liability - $100, Commercial General Liability - $1,000,000 per occurrence. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The City must be named as an additional insured and so endorsed on the policy. 4. Automobile Liability - $1,000,000 per occurrence, if motor vehicle is to be used in the contract. U. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award, as a result of this solicitation, the City will publicly post such notice on the eva web site ( for a minimum of 10 days. V. DRUG-FREE WORKPLACE: During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, drug-free workplace means a site for the performance of work done in connection with a specific contract awarded to a contractor, 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. W. NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider. X. eva BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION: The eva Internet electronic procurement solution, website portal streamlines and automates government purchasing activities in the Commonwealth. The eva portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the City shall participate in the eva Internet e-procurement solution either through the eva Basic Vendor Registration Service or eva Premium Vendor Registration Service. All bidders or offerors must register in eva; failure to register will result in the bid/proposal being rejected. a. eva Basic Vendor Registration Service: $25 Annual Registration Fee plus the appropriate order Transaction Fee specified below. eva Basic Vendor Registration Service includes electronic order receipt, vendor catalog posting, on-line registration, electronic bidding, and the ability to research historical procurement data available in the eva purchase transaction data warehouse. City of Waynesboro ED Marketing RFP July 2011 Page 8 of 10

9 b. eva Premium Vendor Registration Service: $25 Annual Registration Fee plus the appropriate order Transaction Fee specified below. eva Premium Vendor Registration Service includes all benefits of the eva Basic Vendor Registration Service plus automatic or fax notification of solicitations and amendments. c. For orders issued prior to August 16, 2006, the Vendor Transaction Fee is 1%, capped at a maximum of $500 per order. d. For orders issued August 16, 2006 and after, the Vendor Transaction Fee is: (i) DMBE-certified Small Businesses: 1%, capped at $500 per order. (ii) Businesses that are not DMBE-certified Small Businesses: 1%, capped at $1,500 per order. The eva transaction fee will be invoiced approximately 30 days after the corresponding purchase order is issued and payable 30 days after the invoice date. Any adjustments (increases/decreases) will be handled through purchase order changes. Y. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the City shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement. Z. SET-ASIDES. This solicitation is set-aside for DMBE-certified small business participation only when designated SET-ASIDE FOR SMALL BUSINESSES in the solicitation. DMBE-certified small businesses are those businesses that hold current small business certification from the Virginia Department of Minority Business Enterprise. This shall not exclude DMBE-certified women-owned and minority-owned businesses when they have received the DMBE small business certification. For purposes of award, bidders/offerors shall be deemed small businesses if and only if they are certified as such by DMBE on the due date for receipt of bids/proposals. AA. BB. CC. BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders/offerors shall state bid/offer prices in US dollars. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to Code of Virginia, subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or 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 bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. Indicate the above information on the SCC Form provided. Contractor agrees that the process by which compliance with Titles 13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the Commonwealth s use and acceptance of such form, or its acceptance of Contractor s statement describing why the bidder or offeror was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the Contractor as demonstrating compliance. SPECIAL TERMS AND CONDITIONS A. METHOD OF PROCUREMENT: The procurement method is competitive negotiation of other than professional services, as defined in Section of the Code of Virginia (1950) as amended. This Request for Proposal indicates, in general terms, the nature of the program and services being sought. Each offeror is to submit the proposal(s) that best suits the general needs of the City. The specific requirements for the contents of the proposals are contained in the RFP. Offerors are encouraged to provide additional information not specifically identified as a requirement if that additional information enables the proposal to better suit the needs of the City. In order to procure the program that best suits the needs of the City, the competitive negotiation process and evaluation criteria consider factors in addition to cost. B. AWARDING OF CONTRACT: The award of a contract shall be made to a responsive and responsible offeror as 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 proposals submitted in response to this RFP when such waiver is in the best interest of the City. The evaluation process shall be based upon the criteria set forth in Section J of this request for proposals. Price will be considered but need not be the sole determining factor. Selection will be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals, on the basis of the factors involved in the Request for Proposal. Negotiations shall then be conducted with each of the offerors so selected. After negotiations have been conducted with each offeror so selected, the City shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror. When the terms and conditions of multiple awards are so provided in the Request for Proposal, awards may be made to more than one offeror. The City may cancel this Request for Proposals or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous. Should the City determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. The award document, i.e., a City of Waynesboro Purchase Order, will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor s proposal as negotiated. For the purposes of the award document, the terms offeror, bidder, and contractor as stated in the solicitation shall be used interchangeably. The City of Waynesboro shall endeavor to award the contract within sixty (60) days from receipt of proposals. C. OWNERSHIP OF INTANGIBLE AND TANGIBLE PROPERTY: All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed in the performance of this contract shall become the sole property of the City. On request, the contractor shall promptly provide an acknowledgment or assignment in a tangible form satisfactory to the City to evidence the City s sole ownership of specifically identified property created or developed in the performance of the contract. City of Waynesboro ED Marketing RFP July 2011 Page 9 of 10

10 D. CONTRACT AND RENEWALS: The initial term of the contract resulting from any award generated from this solicitation is one year, with an option of two additional one-year renewals. No change in pricing at renewals shall occur except as shall delineated by the contractor in a written proposal to the City and agreed to in writing by the City and causing a change order to the existing purchase order to occur. City of Waynesboro ED Marketing RFP July 2011 Page 10 of 10