3232SH - Strategic Recruiting Campaign.pdf

RFP 25-10-3232SH Page 1

HANOVER COUNTY, VIRGINIA

REQUEST FOR PROPOSALS # 25-10-3232SH

Issue Date: October 25, 2024

Title: Strategic Recruiting Campaign

Commodity Code: 91509 – Audio/Video Production Services Complete

91582 – Video Production

91802 – Audio/Visual Consulting Services

91501 – Advertising Agency Services

91876 – Marketing Consulting

Issuing Department: Hanover County, Virginia

Finance and Management Services Department/Purchasing Division

7507 Library Drive

P.O. Box 470

Hanover, VA 23069-0470

Location Where Service Hanover County, Virginia

Will be Provided: 7522 County Complex Rd.

Hanover, VA 23069

Period of Contract: From date of award through one (1) year after the date of award (Renewable)

Sealed proposals will be received by the issuing department prior to 2:00 PM (prevailing time), November 18, 2024, for furnishing the services described herein.

It is preferred that responses to this solicitation be submitted electronically. For assistance, contact eVA Customer Care at

1-866-289-7367.

All inquiries for information should be directed to: Sandy Humerickhouse, Purchasing Officer (804) 365-6104 or sshumerickhouse@hanovercounty.gov and must be received no later than five (5) working days before the due date.

In compliance with this Request for Proposal and to all the conditions imposed therein and hereby incorporated by reference, the undersigned offers and agrees to furnish the goods/services in accordance with the attached signed proposal or as mutually agreed upon by subsequent negotiation.

Name and Address of Firm:

Date:

By:

Name:

Signature

Title:

Please Print eVA Vendor ID Telephone No.

E-mail Address: FAX No.

PRE-PROPOSAL CONFERENCE: An optional pre-proposal conference will be held at 2:00 p.m. on November 7, 2024.

(Reference Section 6.7 herein)

This public body does not discriminate against faith-based organizations mailto:sshumerickhouse@hanovercounty.gov

RFP 25-10-3232SH Page 2

TABLE OF CONTENTS

1. GENERAL INFORMATION 3

2. STATEMENT OF NEEDS 3

3. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS 4

4. EVALUATION AND AWARD 6

5. GENERAL TERMS AND CONDITIONS 7

6. SPECIAL TERMS AND CONDITIONS 12

7. ATTACHMENTS 15

RFP 25-10-3232SH Page 3

1. GENERAL INFORMATION

1.1 PURPOSE: The purpose of this Request for Proposal (RFP) is to solicit sealed proposals to establish a contract through competitive negotiation for the provision of an online marketing and recruiting campaign by the Hanover County Sherriff’s Office (HCSO).

1.2 BACKGROUND: The Hanover County Sheriff’s Office (“HCSO”) currently uses a digital marketing and recruiting strategy that includes, but is not limited to, the www.hanoversheriff.com website, social media recruiting, online data analytics, Google AdSense, Meta ads, X.com ads and geofence marketing. Many of these services are prevalent in the private sector but are not yet commonplace in public safety. Due to a nationwide shortage of public safety applicants, HCSO has unique requirements that must be met.

2. STATEMENT OF NEEDS

2.1 The Contractor shall provide all labor, materials, supplies, tools, equipment, transportation, shipping and incidentals required for complete and satisfactory performance of the services described herein. The.

Concentrator’s responsibility shall include the following:

A. Brand Development Research Strategy:

Develop a recruiting plan and present the outlined goals, deliverables and timeline, and budget to HCSO leadership team. The recruiting plan shall include the following components:

1. Create Department brand and messaging;

2. Create a HCSO Call to Action/Tag Line;

3. Design color palette;

4. Present recruiting brand concept;

5. Evaluate online platforms for optimum candidate exposure;

6. Select nationwide geographic target locations/opportunities for campaign exposure; and

7. Research Market Trends/Background Research.

Meet with HCSO leadership periodically to discuss the department brand/mission, outline goals of the campaign, and initiate campaign customization plan when needed.

B. Video/Photography:

1. Create and edit high quality (high definition) police recruitment videos, each of fifteen (15), thirty

(30) and sixty (60) seconds and one two (2) minutes recruitment video.

2. Create and edit a minimum of six (6) social media police recruitment videos.

3. Capture department-wide photography

C. Digital Marketing and Strategic Online Recruiting Campaign:

1. Search Engine Optimization (SEO) to ensure that the HCSO recruitment website has optimal presence and accessibility in search results on multiple search engines and platforms.

2. Advertise and market HCSO recruiting campaigns on Google, Facebook, Instagram, X (formerly

Twitter) and YouTube platforms.

3. Provide monthly social media calendars for approval.

4. Cross post ads on other departments maintained social media channels.

5. Track and re-target visitors to the recruiting website.

6. Analyze the analytics and constant adjustments based on analytical data (HCSO will work with the offeror to share data from the HCSO website if required for the analytical data). All data shall be owned by HCSO.

7. Provide monthly performance reports to HCSO leadership team

8. Offeror must be a Google Partner or Premier Partner.

D. Reporting Requirements:

The contractor will provide a monthly analytics report detailing:

1. The results of the marketing campaign. The report shall include statistical analysis of social media http://www.hanoversheriff.com/

RFP 25-10-3232SH Page 4 performance, impressions, clicks, click-through rate (CTR) from the offeror’s advertisements.

2. The allocation of funds in each geographical market and the cost of each impression, click.

3. Performance improvement suggestions to HCSO leadership team based on the results of the above.

E. Consultation Services:

The contractor’s staff must be available for consultation with the HCSO on an as-needed basis between

8:00 AM and 5:00 PM, Eastern Time, Monday through Friday.

2.2 Data Ownership:

1. All application data is and shall remain the sole property of HCSO, and the knowledge gained during the work activity for any product produced is the intellectual property of HCSO.

2. All tables, layouts, queries, stored procedures, XML schema, and other content developed to support the operation of a database and/or HCSO applications in the Hanover environment becomes the property of the HCSO and shall be available to the appropriate personnel as needed and upon request.

3. Any such work assigned that produces code or full application is required to be fully documented.

4. All source code developed under this contract is the property of the HCSO.

5. Contractor may request permission to re-use portions of the code written by their staff. however, this request must be made in writing to the Hanover County Department of Procurement and Material

Management and reviewed and approved by the County Purchasing Agent.

Note: This is not meant to include – proprietary programs, tools, or other intellectual property such as commercial products by entities other than Hanover County that may be used and accessed by the consultants in performing their assignment(s). However, such claim to proprietary content cannot intrude on the County’s right to access its data without undue interference or additional cost. Meet with HCSO leadership periodically to discuss the department brand/mission, outline goals of the campaign, and initiate campaign customization plan when needed.

3. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS

3.1 GENERAL INSTRUCTIONS

A. RFP Response: In order to be considered for selection, Offerors must submit a complete response to the

RFP. Proposals may be submitted electronically through eVA or by U. S. Mail, overnight service or hand delivery.

1. Electronically through eVA

a. For guidance on how to submit a proposal, contact eVA Customer Care at 1-866-289-7367.

b. If the Offeror determines that part or parts of its proposal are trade secrets or proprietary information that is not to be open to public inspection, the Offeror must submit an additional copy of its proposal that eliminates such part or parts. This copy shall be identified with the words

“REDACTED COPY”.

2. U. S. Mail, overnight service or hand delivery

a. A digital version of the proposal in PDF or DOC format on a USB.

b. If the Offeror determines that part or parts of its proposal are trade secrets or proprietary information that is not to be open to public inspection, the Offeror must submit an additional digital copy of its proposal that eliminates such part or parts. This copy shall be identified with the words “REDACTED COPY” and should be submitted on the same USB.

B. Proposal Preparation:

1. Proposals shall be signed by an authorized representative of the Offeror. All information requested should be submitted. Failure to submit all information requested may result in Purchasing requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal.

Proposals which are substantially incomplete or lack key information may be rejected by the County.

Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

RFP 25-10-3232SH Page 5

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

3. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, sub-letter, and repeat the text of the requirement as it appears in the RFP. If a response covers more than one page, the paragraph number and sub-letter should be repeated at the top of the next page. The proposal should contain a table of content which cross-references the RFP requirements. Information which the Offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material. Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed.

4. As used in this RFP, the terms "must", "shall", "should" and “may” identify the criticality of requirements. "Must" and "shall" identify requirements whose absence will have a major negative impact on the suitability of the proposed solution. Items labeled as "should" or “may” are highly desirable, although their absence will not have a large impact and would be useful, but are not necessary. Depending on the overall response to the RFP, some individual "must" and "shall" items may not be fully satisfied, but it is the intent to satisfy most, if not all, "must" and "shall" requirements. The inability of an Offeror to satisfy a "must" or "shall" requirement does not automatically remove that Offeror from consideration; however, it may seriously affect the overall rating of the Offerors proposal.

5. Ownership of all data, materials, and documentation originated and prepared for the County pursuant to the RFP shall belong exclusively to the County and be subject to public inspection in accordance with the Virginia Freedom of Information Act. 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 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 trade secret or proprietary information. The classification of an entire proposal document or prequalification application, line-item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal. If, after being given reasonable time the Offeror refuses to withdraw an entire classification designation, the proposal will be rejected. (Reference Attachment C)

C. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to the County. This provides an opportunity for the Offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not include negotiation. The County will schedule the time and location of these presentations. Oral presentations are an option of the County and may or may not be conducted.

3.2 SPECIFIC PROPOSAL INSTRUCTIONS: Proposals should be as thorough and detailed as possible so that the County may properly evaluate your capabilities to provide the required services. Offerors are required to submit the following items as a complete proposal:

A. Return the RFP cover sheet and all addenda acknowledgments, if any, signed and filled out as required.

B. Complete and return Attachments listed in Section 7.

RFP 25-10-3232SH Page 6

C. A written narrative statement to include:

1. Top level summary of the most important aspects of the proposal containing a concise description of the proposed solution(s). Requested limitation: 2 pages

D. Preliminary Work Plan:

The offeror must present a description of the phases or segments into which the proposed program can logically be divided and performed, together with flow charts, to address all portions of the

STAEMENT OF NEEDS. The technical narrative should address separately each of the tasks described in the Request for Proposal and responses should be keyed to the appropriate paragraph numbers. This section should also contain a discussion of any changes proposed by the offeror that substantially differs from the project scope described in these Special Provisions.

1. Statement and discussion of the requirements as they are analyzed by the offeror. This section should include detailed descriptions of activities that are to occur, significant milestones, and anticipated deliverables.

2. Offeror’s proposed definitive Scope of Work with explanation of technical approaches and a detailed outline of the prop program for executing the requirements of the technical scope and achieving project objectives.

3. Preliminary layouts, sketches, diagrams, other data as may be necessary for presentation, substantiation, justification or understanding of the proposed approaches and program.

4. Offeror should demonstrate an awareness of difficulties in the completion of this undertaking, and a plan for surmounting them. Special attention should be given to methodological issues that will be encountered in such a project.

E Technical Approach:

In this section, the offeror shall provide:

1. A detailed description of equipment, cameras, software suits and any other technical components needed to meet the Statement of Needs.

F. Treatment of the Issues:

In this section, the offeror may also comment if deemed appropriate, on any aspect of the Request for

Proposal, including suggestions on possible alternative approaches to the coverage, definition, development, and organization of the issues presented in the “Statement of Needs” section.

G. Cost: Provide pricing for proposed services.

4. EVALUATION AND AWARD

4.1 EVALUATION CRITERIA: Proposals shall be evaluated by the County using the following criteria:

Criteria Weight

Qualifications and Experience of the firm 15

Preliminary work plan to address Statement of Needs 40

Technical Approach 30

Cost Proposal 15

4.2 AWARD: Following evaluation of the written proposals as submitted, selection shall be made of two or more

Offerors deemed to be fully qualified and best suited among those submitting proposals, on the basis of the factors involved in the RFP, including price if so stated in the RFP. Negotiations shall then be conducted with each of the Offerors so selected. Price shall be considered, but need not be the sole determining factor.

After negotiations have been conducted with each Offeror so selected, the County shall select the Offeror which, in its opinion, has made the best proposal, and shall award the contract to that Offeror, or to multiple

Offerors should the County decide this to be in its best interest. Should the County 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.

RFP 25-10-3232SH Page 7

5. GENERAL TERMS AND CONDITIONS

5.1 eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION: The eVA Internet electronic procurement solution, web site portal https://eva.virginia.gov streamlines and automates government purchasing activities. All vendors desiring to provide goods and/or services to the County shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All Offerors must register in eVA, failure to register may result in the proposal being rejected. The County advertises all competitive solicitations on eVA but does not issue purchase orders through eVA unless required to by the terms and conditions of a state issued contract.

5.2 ACCEPTANCE OF GOODS/SERVICES: Goods/services delivered shall remain the property of the

Contractor until a physical inspection or actual usage of the goods/services is made and thereafter accepted to the satisfaction of the County. The goods/services must comply with the specifications and terms and conditions of this solicitation and be of the highest quality. In the event the goods/services supplied to the

County are found to be defective or not to conform to specifications, the County reserves the right to cancel the contract upon written notice to the Contractor and return products to Contractor at the Contractor's expense.

5.3 ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the County will publicly post such notice in eVA (https://eva.virginia.gov) for a minimum of 10 days.

5.4 ANTI-DISCRIMINATION: By submitting their proposals, Offerors certify to the County 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 § 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 the provisions in A and B below apply:

A. 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, 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 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 the requirements of this section.

B. The Contractor will include the provisions of (A) above in every subcontract or purchase order over

$10,000, so that the provisions will be binding upon each subcontractor or vendor.

5.5 APPLICABLE LAWS AND COURTS: This solicitation is governed by the laws of the Commonwealth of

Virginia. Any dispute or controversy arising out of or relating to this solicitation or otherwise shall be brought in the Hanover County Circuit Court or in the United States District Court for the Eastern District https://eva.virginia.gov/ https://eva.virginia.gov/

RFP 25-10-3232SH Page 8 of Virginia, Richmond Division; provided, however, that prior to the instigation of any such action (other than an action for equitable relief) a meeting shall be held at a mutually agreed upon location, attended by individuals with decision-making authority to attempt in good faith to negotiate a resolution of the dispute.

5.6 ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the Contractor in whole or in part without the written consent of the County.

5.7 AUDIT: The Contractor shall retain all books, records and other documents relative to this contract for five

(5) years after final payment, or until audited by the County, whichever is sooner. The County or its authorized representative shall have full access to and the right to examine any of said materials during said period. The Contractor shall include the provisions above in every subcontract or purchase order, so that the provisions will be binding upon each subcontractor or vendor.

5.8 AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the County shall be bound hereunder only to the extent of lawfully appropriated funds.

5.9 BID PRICE CURRENCY: Unless stated otherwise in this solicitation, Offerors shall state offer prices in US dollars.

5.10 BIDDER, OFFEROR AND CONTRACTOR COMPLIANCE: All Bidders, Offerors and Contractors shall comply with the Virginia Public Procurement Act, (Code of Virginia § 2.2-4300, et seq.), and all applicable

County policies, regulations and procedures adopted pursuant thereto.

5.11 CONTRACT CHANGES: Any changes to the contract must be approved through issuance of a written contract addendum or change order. The County will not assume responsibility for the cost of any changes made without issuance of a written contract addendum or change order.

5.12 CONTRACTOR’S PERFORMANCE:

A. The Contractor agrees and covenants that its agents and employees shall comply with all County, State and Federal laws, rules and regulations applicable to the business to be conducted under the Contract.

B. During the performance of this contract, the Contractor shall ensure that its employees shall observe and exercise all necessary caution and discretion so as to avoid injury to person or damage to property of any and all kinds.

C. The Contractor shall cooperate with County officials in performing the Contract work so that interference with normal operations will be held to a minimum.

5.13 CONTRACTUAL CLAIMS: Contractual claims, whether for money or other relief, shall be submitted in writing no later than 60 days after final payment; however, written notice of the Contractor's intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Any notice or claim shall be delivered to: Director, Finance and Management Services Department, 7507 Library Drive, Hanover, VA 23069-0470 and shall include a description of the factual basis for the claim and a statement of the amounts claimed or other relief requested. The County Administrator will render a decision on the claim and will notify the Contractor within 30 days of receipt of the claim. The Contractor may appeal the decision of the County Administrator to the Board of Supervisors by providing written notice to the County Administrator, within 15 days of the date of the decision. The Board of Supervisors shall render a decision on the claim within 60 days of the date of receipt of the appeal notice and such decision shall be final unless the Contractor appeals the decision in accordance with the Virginia Public Procurement

Act. Invoices for all services or goods provided by the Contractor shall be delivered to the County no later than 30 days following the conclusion of the work or delivery of the goods.

5.14 DEBARMENT STATUS: By submitting their proposals, Offerors certify that they are not currently debarred by the County 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.

RFP 25-10-3232SH Page 9

5.15 DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the County, after due oral or written notice, may terminate this contract and procure all goods and/or services contracted for, 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 County may have.

5.16 DEFINITION OF COUNTY: The Purchasing Division of the Finance and Management Services Department provides purchasing support for Hanover County Government, Hanover County School Board, Pamunkey

Regional Jail and Pamunkey Regional Library, hereinafter referred to as County. Any contract issued as a result of this solicitation shall be available for the use of any or all of these entities unless otherwise stated in the solicitation.

5.17 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 a controlled substance or marijuana during the performance of the contract.

5.18 ETHICS IN PUBLIC CONTRACTING: By submitting their proposals, Offerors certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Offeror, supplier, manufacturer or subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

5.19 FORCE MAJEURE: If either party shall be wholly or partially prevented from the performance of any contractual obligation or duty by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party’s control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of Force

Majeure shall rest solely with the County.

5.20 IMMIGRATION REFORM AND CONTROL ACT OF 1986: The Contractor certifies that they do not, and shall not during the performance of the contract, knowingly employ an unauthorized alien as defined in the

Federal Immigration Reform and Control Act of 1986.

5.21 INDEMNIFICATION: Contractor agrees to indemnify the County, its officers, agents, and employees for any loss, liability, cost (including attorney’s fees), or reasonable settlement cost incurred as a result of any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the Contractor/any services of any kind or nature furnished by the Contractor, provided that such liability is not attributable to the sole negligence of the County or to failure of the County to use the materials, goods, or equipment in the manner already and permanently described by the Contractor on the materials, goods or equipment delivered. The County will not agree to indemnify the Contractor.

5.22 INDEPENDENT CONTRACTOR: The Contractor is an independent Contractor and nothing contained in the contract shall constitute or designate the Contractor or any of its agents or employees as employees of the

County.

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

5.24 MANDATORY USE OF COUNTY FORM AND TERMS AND CONDITIONS: Failure to submit a proposal on the official County form provided for that purpose 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 County reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.

5.25 NOTIFICATION: Any notice required by the contract shall be effective if given by registered mail, return receipt requested, to the Contractor in the name and at the address given in their proposal; provided that change of address shall be effective if given in accordance with this paragraph. Unless otherwise specified, any notice to the County shall be given to: County of Hanover, Director, Finance and Management Services

Department, P. O. Box 470, Hanover, VA 23069-0470. The Contractor agrees to notify the County immediately of any change of legal status or of address.

5.26 PAYMENT:

A. To Prime Contractor:

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

2. 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.

3. In those cases where payment is made by mail, the date of postmark shall be deemed to be the date payment is made (Code of Virginia, § 2.2-4353).

4. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, Contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the County shall promptly notify the Contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A Contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve the County of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

B. To Subcontractors:

1. A Contractor awarded a contract under this solicitation is hereby obligated:

a. To pay the subcontractor(s) within seven (7) days of the Contractor’s receipt of payment from the

County for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

b. To notify the County and the subcontractor(s), in writing, of the Contractor’s intention to withhold payment and the reason.

2. The Contractor is obligated to pay the subcontractor(s) interest at the rate of one percent (1%) 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 County, except for amounts withheld as stated in (b) above. The date of mailing of any payment by U. S. Mail is

RFP 25-10-3232SH Page 11 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 County.

C. Construction Contracts:

1. The Contractor shall be liable for the entire amount owed to any subcontractor with which it contracts, regardless of whether the Contractor has received payment from the County under the contract.

a. The Contractor is not liable for amounts reducible due to the subcontractor’s noncompliance with the terms of the contract.

b. In the event the Contractor withholds all or a part of the subcontractor’s payment under the contract, the Contractor shall notify the subcontractor, in writing, of the Contractor’s intention to withhold all or part of the subcontractor’s payment, with the reason for nonpayment.

c. The Contractor’s receipt of payment from the County shall not be a condition precedent to the

Contractor’s payment to the subcontractor for amounts owed.

2. Any provision in this contract contrary to subdivision 1 of this section shall be unenforceable.

D. The County encourages Contractors to accept electronic and credit card payments.

5.27 PRECEDENCE OF TERMS: The following General Terms and Conditions; ANTI-DISCRIMINATION, APPLICABLE LAWS AND COURTS, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM

AND CONTROL ACT OF 1986, DEBARMENT STATUS, MANDATORY USE OF COUNTY FORM

AND TERMS AND CONDITIONS, 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.

5.28 QUALIFICATIONS OF OFFERORS: The County may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the services/furnish the goods and the

Offeror shall furnish to the County all such information and data for this purpose as may be requested. The

County reserves the right to inspect Offeror’s physical facilities prior to award to satisfy questions regarding the Offeror’s capabilities. The County further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such Offeror fails to satisfy the County that such Offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

5.29 ROYALTY AND LICENSE FEES AND COPYRIGHT, TRADEMARK AND PATENT PROTECTION:

A. By submitting their proposal, Offerors certify that there will be no violation of copyrights or patent rights in manufacturing, producing, or selling the commodities or services to be ordered as a result of this solicitation.

B. Unless specified otherwise in the contract, the Contractor shall pay all royalty and license fees relating to the items covered by the contract.

C. In the event any third party shall claim that the manufacture, use and sales of these goods offered hereby constitutes an infringement of any copyright, trademark, or patent, the Contractor shall indemnify and hold harmless the County from any cost, expense, damage or loss incurred in any manner by the County on account of such alleged infringement.

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

5.31 STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: In accordance with Code of

Virginia § 2.2-4311.2 subsection B, a Offeror organized or authorized to transact business in the

Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its proposal the identification number issued to it by the State Corporation Commission (SCC). Any Offeror that is not required to be

RFP 25-10-3232SH Page 12 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 shall include in its proposal a statement describing why the Offeror is not required to be so authorized. Indicate the above information on the SCC Form provided (Attachment B).

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 County’s use and acceptance of such form, or its acceptance of Contractor’s statement describing why the

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.

5.32 TAXES: The County is exempt from Federal Excise and State Sales and Use Tax on all tangible personal property purchased or leased by it for its use or consumption. The Contractor shall pay all County, City, State and Federal taxes required by law enacted at the time proposals are received and resulting from the work or traceable thereto, under whatever name levied. Said taxes shall not be added to the contract price between the

County and the Contractor, as the taxes shall be an obligation of the Contractor and not of the County, and the

County shall be held harmless for same by the Contractor. Exemption certification will be supplied upon request.

5.33 TERMINATION FOR CONVENIENCE: Unless otherwise stated, any resultant contract may be terminated, in whole or in part, whenever the County determines that such a termination is in its best interests. Any such termination shall become effective on the date stated in a written notice of termination to the Contractor sent at least five days prior to the stated termination date. The notice of termination shall state the extent to which performance shall be terminated. The Contractor shall be paid for all goods delivered or services successfully completed prior to the termination date.

5.34 TESTING AND INSPECTION: The County reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

6. SPECIAL TERMS AND CONDITIONS

6.1 CANCELLATION OF CONTRACT: The County reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the Contractor. In the event the initial contract period is for more than 12 months, the resulting contract may be terminated by either party, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

6.2 CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION: The Contractor assures that information and data obtained as to personal facts and circumstances related to patients or clients will be collected and held confidential, during and following the term of this agreement, and will not be divulged without the individual’s and the County’s written consent and only in accordance with federal law or the Code of Virginia. Contractors who utilize, access, or store personally identifiable information as part of the performance of a contract are required to safeguard this information and immediately notify the County of any breach or suspected breach in the security of such information. Contractors shall allow the County to both participate in the investigation of incidents and exercise control over decisions regarding external reporting. Contractors and their employees working on this project may be required to sign a confidentiality statement.

6.3 CONTINUITY OF SERVICES:

A. The Contractor recognizes that the services under this contract are vital to the County and must be continued without interruption and that, upon contract expiration, a successor, either the County or another Contractor, may continue them. The Contractor agrees:

1. To exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor;

2. To make all County owned facilities, equipment, and data available to any successor at an appropriate time prior to the expiration of the contract to facilitate transition to successor; and

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3. That the County shall have final authority to resolve disputes related to the transition of the contract from the Contractor to its successor.

B. The Contractor shall, upon written notice from the County, furnish phase-in/phase-out services for up to ninety (90) days after this contract expires and shall negotiate in good faith a plan with the successor to execute the phase-in/phase-out services. This plan shall be subject to the County’s approval.

C. The Contractor shall be reimbursed for all reasonable, pre-approved phase-in/phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract. All phase-in/phase-out work fees must be approved by the County in writing prior to commencement of said work.

6.4 IDENTIFICATION OF PROPOSAL ENVELOPE: The signed proposal should be returned in a separate envelope or package, sealed and identified as follows:

From:

Name of Bidder

Due Date Time

RFP# 25-10-3232SH Street or Box Number

City, State & Zip Code

The envelope should be addressed as directed on Page 1 of the solicitation.

The Offeror takes the risk that the envelope, even if marked as described above, may be inadvertently opened and the information compromised which may cause the proposal to be disqualified. Proposals may be hand delivered to the designated location in the office issuing the solicitation. No other correspondence or other proposals should be placed in the envelope.

6.5 INSURANCE REQUIREMENTS:

A. The Contractor shall be required to maintain in force such insurance, in amounts and types acceptable to the County, as will protect itself and the County from claims which may arise out of or result from the execution of the work, whether such execution be by itself, its employees, agents, subcontractors or by anyone for whose acts any of them may be liable. All insurance shall be provided by companies allowed to conduct business in the Commonwealth. Insurers shall have a Best’s financial strength rating of “A-” or better, and a Best’s financial size category of Class VII, or better, in the latest evaluation of A. M. Best

Company, or as otherwise approved by the County. Hanover County and its elected and appointed officials, officers, consultants, agents and employees shall be named as additional insured on the

Contractor’s Commercial General Liability and Umbrella Liability insurance for premises, ongoing operations and products and completed operations on a primary and non-contributory basis. Original certificates of insurance signed and provided by authorized representatives of the insurers or, at the

County's request, certified copies of insurance policies, evidencing that the required insurance is in effect, shall be provided to Purchasing prior to award of the contract, and within seven (7) days of any written request for a certificate, and for five (5) years after Final Payment for the Work with respect to products and completed operations liability.

B. The Contractor shall not start work under this contract until the Contractor has obtained at his own expense all of the insurance called for hereunder and such insurance has been approved by the County;

nor shall the Contractor allow any subcontractor to start work on any subcontract until all insurance required of the subcontractor has been so obtained and approved by the Contractor. Approval of insurance required of the Contractor for the County will be granted only after submission to the County

Purchasing Office of original, signed certificates of insurance or, alternately, at the County’s request, certified copies of the required insurance policies.

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C. All insurance policies required hereunder shall be endorsed to include the following provision: “It is agreed that this policy is not subject to cancellation or non-renewal until thirty (30) days prior written notice has been given to the Purchasing Office.”

D. The certificate holder should be listed as: Hanover County School Board and Hanover County.

E. Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the County. The Contractor shall be as fully responsible to the County for the acts and omissions of the subcontractors and of persons employed by them as it is for acts and omissions of persons directly employed by it. The County will consider deductible amounts as part of its review of the financial stability of the Contractor. Any deductibles shall be disclosed by the Contractor, and all deductibles will be assumed by the Contractor.

Coverage(s) Required Required Limit Description

Business Automobile Liability $1,000,000.00 - Combined Single Limit per Occurrence

Commercial General Liability

$1,000,000.00

$2,000,000.00

$2,000,000.00

- Combined Single Limit per Occurrence

- General Aggregate Limit per Project

- Products and Completed Operations Aggregate

Personal and Advertising

Injury Liability $1,000,000.00 - Each Offense per Person or Organization

Umbrella Excess Liability $1,000,000.00 - Per Occurrence and Aggregate as Applicable

Worker’s Compensation &

Employer’s Liability

$ 500,000.00

$ 500,000.00

$ 500,000.00

- Per Accident

- Disease per Employee

- Policy Limit Disease

Medical Professional Liability $1,000,000.00

$2,000,000.00

- Per Claim

- Aggregate

6.6 OWNERSHIP OF DOCUMENTS: A. All finished or unfinished information or materials, documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by or for the

Contractor under any resultant contract shall, at the option of the County, become County property and shall be delivered to and remain the property of the County upon completion of the work or termination of the

Contract. The County shall have the right to use and reproduce the data and reports submitted hereunder, without additional compensation to the Contractor. B. Any documents or other materials provided to the

Contractor by the County shall be returned to the County upon delivery of the final products and/or services.

Any artwork, negatives, proofs, or other materials produced by the Contractor in order to supply the products or services contracted for shall become the property of the County and shall be sent to the County upon delivery of the final products and/or services unless otherwise requested by the County. Failure to deliver the artwork, negatives, proofs, or materials shall be cause for withholding any payments due.

B. Any documents or other materials provided to the Contractor by the County shall be returned to the County upon delivery of the final products and/or services. Any artwork, negatives, proofs, or other materials produced by the Contractor in order to supply the products or services contracted for shall become the property of the County and shall be sent to the County upon delivery of the final products and/or services unless otherwise requested by the County. Failure to deliver the artwork, negatives, proofs, or materials shall be cause for withholding any payments due

6.7 OPTIONAL PRE-PROPOSAL CONFERENCE: An optional pre-proposal conference will be held at 2:00 p.m. on November 7, 2024. The pre-proposal conference will be held virtually. Contact Sandy

Humerickhouse at sshumerickhouse@hanovercounty.gov at least 24 hours prior to the meeting to receive an invitation.