Compensation_and_Classification_Study.pdf

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/dorchestercountysc

REQUEST FOR PROPOSAL

No. 2026-02

Compensation and Classification Study

Publish Date July 7, 2025

Last Day for Questions July 18, 2025, 5:00pm

Proposal Due Date July 31, 2025, 2:00pm

Table Of Contents

1. SECTION ONE: SCOPE/STATEMENT OF WORK

1.1. Introduction/Purpose

1.2. Background

1.3. Goals and Objectives

1.4. Scope of Work

2. SECTION TWO: PROPOSAL FORMAT AND EVALUATION CRITERIA

2.1. Proposal Format

2.2. Evaluation Process and Criteria

2.3. General Award and Criteria Information

3. SECTION THREE: SPECIAL INSTRUCTIONS AND SOLICITATION-SPECIFIC

TERMS

3.1. Written Questions Deadline

3.2. Proposal Submittal Process

3.3. Proposal Submittal Deadline

3.4. Payment to Contractor

3.5. Shipping

3.6. Permits and Licenses

3.7. Additional Information and Inquiries

4. SECTION FOUR: TERMS AND CONDITIONS

4.1. Preparation, Submission and Withdrawal of Proposals

4.2. Non-Collusion Oath

4.3. Proposer Representations

4.4. Award of Contract

4.5. Notice of Award of Contract

4.6. Contract Document

4.7. Modification

4.8. Notice to Proceed

4.9. Proposer's Qualifications

4.10. Subcontractors

4.11. Indemnification

4.12. Termination

4.13. State and Local Taxes

4.14. Drug-Free Workplace Act

4.15. Insurance Requirements

4.16. Utilization by Other Public Agencies Clause

4.17. All County Departments Eligible to Purchase

4.18. Confidential Information

4.19. Intellectual Property

5. SECTION FIVE: SAMPLE CONTRACT

5.1. Sample Agreement

6. SECTION SIX: REQUIRED ATTACHMENTS, FORMS AND INFORMATION

6.1. Pricing Proposal

6.2. Vendor Questionnaire

6.3. Attachments and Exhibits

1. SECTION ONE: SCOPE/STATEMENT OF WORK

1.1. Introduction/Purpose

Dorchester County is seeking proposals from qualified firms to conduct a compensation and classification study of its employees. The last comprehensive study was conducted in 2018 with an additional study conducted on 63 benchmarked classifications in June 2021. Since then, there have been incremental adjustments, but no thorough review has been conducted. The County seeks to ensure internal equity, external competitiveness, and compliance with all applicable regulations.

Job descriptions and current grade schedules are available for most positions but contain dated information.

The purpose of the Classification and Compensation Study is to address changes in county operations and staffing over the past 7 years, which may have affected the type, scope, and level of work being performed.

1.2. Background

Dorchester County has a Council / Administrator form of county government with seven Council members and one County Administrator. The RFP will involve approximately 37 departments, with approximately 959 full-time employees and 189 part-time employees. Of the 37 departments, 13 are under the purview of an elected or appointed official. The FY2026 County General Fund Budget is $97.5 million, with approximately 70% of that being allocated to salary expenses (not including fringe benefits).

Approximately 122 full-time employees are currently classified as exempt and the remaining 1026 full-time employees are classified as non-exempt.

1.3. Goals and Objectives

1.3.1. Objectives

1. Evaluate the County’s current compensation and classification system, to include all policies related to hiring, retention, salary increases, etc.

2. Identify internal equity and external competitiveness.

3. Ensure positions performing similar work with essentially the same level of complexity, responsibility, and knowledge, skills, and abilities are classified together.

4. Recommend updates to pay plans, job classifications, and policies.

5. Clearly outline promotional opportunities, ladder positions and provide recognizable compensation growth.

6. Ensure compliance with FLSA, EEO, State Statute, and other regulatory requirements.

7. Maintain a competitive position with other comparable governmental entities and private employers within the same geographic area, to include starting wage, calculation of overtime, and additional supplemental pay.

1.3.2. Maintenance Program

Develop a maintenance program, including estimated costs, to address the need for new job analyses/evaluations (including pay grade recommendations), creation of job descriptions and/or update current job descriptions, and continued maintenance of the Pay Classification Plan.

1.3.3. Required Deliverables

1. An analysis of the current pay plan, policies, and processes.

2. A comprehensive report, including benchmarking and market analysis of direct compensation to determine the value of the County’s current program, market comparisons and recommendations for alternatives and cost projections reflecting cost/savings to the County; the report shall include recommendations (to include any policy changes), alternatives, and cost projections as well as narrative, graphs and charts both at detail and high level.

3. Analysis of data for each job shall be provided to the County including the following information:

degree of match, range minimum, range maximum, actual averages, overtime calculation, and hours per year of incumbent employees of market comparable. The methodology used to place positions and/or construct the pay structure should be fully defined.

4. Charts and graphs depicting how the position of the County’s jobs compare in relation to the comparable market and recommended placement in a compensation structure.

1.3.4. Communication and Interaction

1. All work will be done with regular involvement of the Human Resources Director. The County

Administrator, all Deputy County Administrators, Elected Officials, Department Directors and other key personnel will be involved as necessary. Regular presentations and meetings with these individuals or groups, incorporating their input into the process, are expected.

2. The successful firm will be expected to work with management during all phases of this project, including onsite meetings, and will be expected to present the final recommendations to County

Council. The successful firm and County staff will jointly agree on comparable organizations to be surveyed.

1.4. Scope of Work

The study shall evaluate the present salary structure as compared to the specific job market for comparable positions in the public and private sectors. The consultant shall perform or provide the following:

A. Scope of Services

1. Provide for a comprehensive evaluation of every job within the County to determine relative worth within the organization for internal equity and for the establishment of pay ranges and progressions within the ranges.

2. Review all current job classifications, confirm, and recommend changes to hierarchical order of jobs using your evaluation system.

3. Establish appropriate benchmarking standards and conduct salary surveys as needed for similar positions with comparable local governments and private employers as required.

4. Identify potential pay compression issues and provide potential solutions.

5. Analyze and recommend changes to the present compensation structure to meet market analysis.

This recommendation may include recommendations for individual positions.

B. Project Planning and Coordination

1. Conduct a project kickoff meeting with the County Administrator, Deputy County

Administrator/CFO and Human Resources Director to discuss the process and tasks to be performed in the study to include reasonable dedication of key personnel.

2. Provide a detailed project timeline

3. Meet with department heads and/or their designees to explain the study and the process to be used. This may include explaining the need for questionnaires.

4. Provide frequent updates to the Human Resources Director and Deputy County Administrator/CFO.

C. Classification Study

With respect to the Classification Study, the Consultant will be required to accomplish the following tasks:

1. Review current classification methodology and propose recommended strategies for the County.

2. Conduct interviews and/or job audits as appropriate. Interviews and/or job audits may be conducted individually or in groups based upon classification.

3. Update job descriptions, and provide job descriptions if none are available, to uniformly reflect the distinguishing characteristics, essential job functions, minimum qualifications (education/experience and knowledge/skills/abilities), working conditions (physical demands, work environment, and travel requirements), and certification/licenses/registrations requirements for classification as needed. Provide a sample position description. Ensure position descriptions are in full compliance with all applicable federal, state, local statutes and regulations, including the FLSA and Americans with Disabilities Act (ADA).

▪ Provide recommendations/best practices for writing new position descriptions.

▪ Evaluate position titles to further ensure equity.

▪ Review existing growth opportunities in certain job titles and make recommendations concerning new growth opportunities for those job titles without existing growth opportunities.

4. Identify Core Classification Specialist, Technician, Analyst, Professional, Supervisor, Manager, Judicial, Director, Executive, Field (Public Safety), Field (Public Safety) Fire.

5. Identify classification EEO-4 categories: Officials and Administrators, Professionals, Technicians, Paraprofessionals, Administrative Support, Skilled Craft Workers, Service-Maintenance, and

Protective Service Workers employees.

6. Present proposed recommendations to the County Administrator, Deputy County Administrator/CFO and Human Resources Director for review prior to making any final classification determinations.

7. Finalize class specifications and recommend appropriate classification for each employee, including correction of identified discrepancies between existing and proposed classifications.

8. Submit recommendations, if any, to modify the current policy to hire above minimum as well as recommendations on career ladders/promotional opportunities, as deemed appropriate.

9. Submit recommendations for appropriate implementation measures that the Human Resources staff will need to take.

10. Provide a straightforward, easily understood, maintenance system that the Human Resources

Department will use to keep the classification system current and equitable. The classification system should be provided in an electronic format. Maintenance should include annual activities, as well as the process to be used in the review of the classification of individual jobs, as needed.

11. Conduct a comprehensive training program for Human Resources staff to ensure that the staff can explain and administer the new system in the future. The training program should be clearly detailed in the proposal.

D. Compensation Study

With respect to the Compensation study, the Consultant will be required to accomplish the following tasks:

1. Review the current compensation plan (salary bands) and understand current challenges in recruiting and retaining employees.

2. Recommend and identify a consistent and competitive market position that the County can strive to maintain.

3. Recommend comparable labor markets, including both private and public sector employers for compensation surveys.

4. Develop and conduct a comprehensive compensation and benefits survey.

5. Recommend appropriate salary range for each position based on the classification plan, the compensation survey results, the internal relationships and internal equity. Prepare a new salary structure based on the results of the survey and best practices.

6. Develop guidelines to assist County staff with determining the starting pay for new employees based on knowledge and experience above the minimum requirements of the position, how difficult the position is to fill, and market competitiveness.

7. Develop policy recommendations for the administration and maintenance of the classification and compensation plan.

o Provide a salary determination methodology that is streamlined, transparent, and easy to understand, including recommendations for consistently and equitably valuing candidates’ prior experience and any potential triggers that would necessitate a deviation from the normal process.

o Provide a strategy for monitoring market position, inflation, compression, and internal equity on an annual basis.

o Provide a strategy for the employees’ progression through the pay plan that is transparent, easy to understand, and easy to administer.

o Provide a policy recommendation for internal employee reallocation (promotion, transfer, etc.).

o Provide training to designated HR staff members on the utilization and maintenance of the classification and compensation system. Prepare implementation and maintenance manuals for future use and conduct comprehensive training sessions for HR staff members.

8. Recommend implementation strategies including calculating the cost of implementing the plan.

9. Identify any extreme current individual or group compensation inequities and provide a recommended corrective action plan and process to remedy these situations.

10. Make recommendations and provide implementation strategies related to other key compensation practices, based on market demands, including pay for performance, skill pay, special assignment pay, certification pay,( factor pay for public safety, CDL pay) bilingual pay, promotional pay, and acting (interim), working out of class assignment

11. Provide system documentation and computer formats/software to administer compensation plan.

12. Provide recommendations for the ongoing internal administration and maintenance of the proposed compensation plan. Maintenance should include annual activities such as a market survey.

13. Conduct a compression analysis to include any recommendations for implementation.

14. Conduct a comprehensive training program for Human Resources staff to ensure that the staff can explain and administer the new system in the future. The training program should be clearly spelled out in the proposal.

The County will provide copies of current pay ranges, job classifications, current hiring policies, and any other available in-house information requested by the selected consultant that may be useful to complete the study.

2. SECTION TWO: PROPOSAL FORMAT AND EVALUATION CRITERIA

2.1. Proposal Format

Each firm must submit its proposal based on the guidelines below and in the same order as listed. The proposal format requirements were developed to aid Offerors in their proposal development; they also provide a structured format, so reviewers can systematically evaluate several proposals. These directions apply to all proposals submitted.

A. Cover Letter to include a brief introduction of the firm, including key qualifications; statement of interest in providing requested services; name, title, and contact information of the primary point of contact; and acknowledgment of the county’s requirements and a statement of the proposer’s ability to meet them.

B. Table of Contents - clearly identify the material, by section and page number.

C. A thorough summary of the consultant’s qualifications to perform the work required.

D. The number of years of experience in the field of compensation and classification studies.

E. Who the project manager (and primary point of contact) will be for the project.

F. A thorough synopsis of how the project is to be approached and completed.

G. A preliminary schedule to complete the required work based upon a start date of August 1, 2025.

H. Reference to the acceptance of the provisions set forth in this RFP.

I. A comprehensive list of similar projects completed in the past ten years, to include the name and telephone number of the firm’s contact person(s).

J. Variances to any statements included in the RFP shall be shown as specific proposal qualifications at the time the firm responds to this RFP.

K. Indicate the number and dates of amendments received.

L. Other information and materials which the proposer wishes to submit in support of his proposal, qualifications, etc.

2.2. Evaluation Process and Criteria

A. Selection Committee

The Selection Committee shall be comprised of staff from Dorchester County and Dorchester County

Emergency Management and facilitated by the Purchasing Services Manager. The Committee shall determine the firms which meet the minimum requirements pursuant to the selection criteria of the RFP and procedures. The Committee may negotiate with one or more firms during the same period and may, at its discretion, terminate negotiations with any or all firms. The Committee shall make a recommendation regarding the award to the County Administrator.

B. Proposal Selection Criteria

The Selection Committee shall assign up to the maximum number of points as stated in this section for each evaluation item to each of the proposing firms. All assignments of points shall be at the sole discretion of the Committee. All instructions contained in this RFP shall be met in order to qualify as a responsive and responsible firm and participate in the consideration for award. Offerors who do not meet or comply with the instructions of this RFP may be considered non-conforming and deemed non-responsive and subject to disqualification at the sole discretion of the Committee.

The selection of the firm(s) will be made in accordance with the Dorchester County Procurement

Ordinance. Proposals will not be accepted from any firm, company, individual, person or party, parent, or subsidiary, against which the County has an outstanding claim, or a financial dispute relating to a prior contractual performance with the County. Proposals may be withdrawn by offeror prior to, but not after, the time set for the opening. Upon receipt by the County, the Proposal shall become the property of the County, without compensation to the offeror, for disposition or usage by the County at its discretion. The County shall have the sole discretion in evaluating both the proposal and the qualifications of the offerors. The County reserves the right to reject any and all proposals and is not bound to accept any proposals, if the acceptance is contrary to the best interest of the County. The

County reserves the right to waive or modify any information, irregularity, or inconsistency in proposals received or request modification to proposals from any or all offerors during the review. The Proposal

Review Committee may contact any customer of the vendor, whether or not included in the vendor’s reference list, and use such information in the evaluation process. All proposals shall be evaluated using the same criteria and scoring process.

Each criterion will be rated on a scale of 0-5 according to the table below:

Scale Description

0 Unacceptable. The proposal fails to address the criterion or cannot be assessed as a result of missing or incomplete information.

1 Poor. The criterion is inadequately addressed, or there are serious weaknesses.

2 Fair. The proposal broadly addresses the criterion, but there are significant weaknesses.

3 Good. The proposal addresses the criterion well, but a number of shortcomings are present.

4 Very Good. The proposal addresses the criterion very well, but a small number of shortcomings are present.

5 Excellent. The proposal successfully addresses all relevant aspects of the criterion. Any shortcomings are minor.

The following criteria shall be used by the Committee to evaluate Qualification Statements:

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience and Qualifications

Demonstrated experience conducting compensation/classification studies for similar-sized public sector entities.

0-5 Points 25 (25% of Total)

2. Methodology and Approach

Clarity, thoroughness, and feasibility of the proposed methodology and project plan.

0-5 Points 25 (25% of Total)

3. Cost Proposal

Reasonableness, clarity, and cost-effectiveness of the pricing proposal.

0-5 Points 20 (20% of Total)

4. Project Team and Resources

Qualifications and experience of personnel assigned to the project.

0-5 Points 15 (15% of Total)

5. References and Past Performance

Feedback from recent clients with comparable studies.

0-5 Points 15 (15% of Total)

2.3. General Award and Criteria Information

To be initially selected, the Proposal(s) must be considered responsive by the Purchasing Services Manager.

Failure to submit all required information may be grounds the designation of the proposal as nonresponsive, unless waived by the Purchasing Services Manager.

After the conditions outlined above are met, Proposer(s) will be scored based on the quality of the response to this RFP.

Vendors are encouraged to review the Evaluation Criteria to see how proposals will be scored and verify that the response has sufficient documentation to support each criterion identified.

The County will select the offer that represents the best value to the County based on a comparative analysis and an integrated assessment of proposals against all source selection criteria in the solicitation.

Dorchester County reserves full discretion to determine the competence and responsibility, professionally and/or financially, of vendors. Vendors are to provide in a timely manner any and all information that the

County may deem necessary to make a decision.

Any and all exceptions taken by the Proposer must be listed and prominently displayed in proposal materials.

The County reserves the right to request Proposer(s) to appear for an additional presentation followed by a question-and-answer period, in order to further evaluate qualifications. The additional presentations, if any, will be scored and combined with prior scoring to determine the successful Proposer. The County is not obligated to accept the lowest cost proposal. The County may also award to Consultant other than the highest ranked proposer if the price submitted by that proposer is more than the budget available for the project. If made, the award will go to the Proposer providing the most responsive, responsible proposal that provides the best overall value and service to the County.

The Purchasing Services Division may contact any vendor in order to clarify uncertainties or eliminate confusion concerning contents of a proposal.

The Evaluation Team may contact any customer of the vendor, whether or not included in the vendor’s reference list, and use such information in the evaluation process.

3. SECTION THREE: SPECIAL INSTRUCTIONS AND SOLICITATION-

SPECIFIC TERMS

3.1. Written Questions Deadline

The last day and time for submittal of written questions shall be no later than Friday, July 18, 2025 at 5:00 pm.

3.2. Proposal Submittal Process

Proposals must be submitted electronically through the OpenGov Procurement Portal. County Proposals may be found by visiting the following link:

https://procurement.opengov.com/portal/dorchestercountysc

3.3. Proposal Submittal Deadline

Proposals will be received until Thursday, July 31, 2025 at 2:00 pm, after which time they will be evaluated.

Late proposals will not be accepted.

3.4. Payment to Contractor

Payment shall be due within thirty (30) days of approved invoices.

3.5. Shipping

Shipping terms shall be F.O.B. Destination.

3.6. Permits and Licenses

The successful Respondent shall, without additional expense to the County, be responsible for obtaining and maintaining all necessary licenses and permits required by the State of South Carolina, a municipality or the

County or any other authority having jurisdiction.

3.7. Additional Information and Inquiries

Questions or clarifications concerning this invitation should be posted to the solicitation on the OpenGov

Procurement Portal at the link provided above or only directed by email to Rebecca Dantzler at

RDantzler@DorchesterCountySC.gov. Contact with other County personnel during the proposal process may result in a determination of non-responsiveness for any proposal submitted by your firm.

4. SECTION FOUR: TERMS AND CONDITIONS

4.1. Preparation, Submission and Withdrawal of Proposals

A. Proposals must be submitted electronically through OpenGov; however, Dorchester County is not responsible if proposals are not received due to user errors.

B. Proposals submitted after the due date and time are considered late proposals and will not be opened or considered.

C. Proposals may be withdrawn by written request received from the Proposer prior to the time set for opening of proposal, but not thereafter.

D. Proposers shall promptly notify the Dorchester County Purchasing Office, in writing, and no later than the last date and time for the submittal of written questions, of any ambiguity, inconsistency or error which they may discover upon examination of the RFP documents or the project premises and local conditions.

E. Proposers requiring clarification or interpretation of the RFP documents shall make a written request which must be received at the Dorchester County Purchasing Office no later than the last date and time for submittal of written questions.

F. Any interpretation, correction or change of the RFP documents will be made by addendum. It is the proposer’s responsibility to monitor the OpenGov Procurement Portal at https://procurement.opengov.com/portal/dorchestercountysc for any additional information, revisions, or addenda that may be posted.

G. No substitutions will be considered after the Contract award except by amendment or change order.

4.2. Non-Collusion Oath

A. Every proposal must be accompanied by a notarized affidavit of non-collusion, executed by the Proposer or in the case of a corporation, by a duly authorized representative of said corporation. The Non-

Collusion Oath is provided herein.

4.3. Proposer Representations

A. Each Proposer by submitting a proposal represents that:

1. The Proposer has read and understands this RFP (including all specifications and attachments) and that their proposal is made in accordance therewith.

2. The Proposer has reviewed the RFP, has become familiar with the local conditions under which the

Work is to be performed, and has correlated personal observations with the requirements of the proposed Contract Documents.

3. The proposal is based on the terms, services, materials, systems, and equipment required by this

RFP, without exception.

4. The Proposer is qualified to provide the services and equipment required under this RFP and, if awarded the Contract, will do so in a professional, timely manner using Proposer's best skill and attention.

4.4. Award of Contract

A. Award of Contract will be made to the responsive and responsible proposer(s) whose proposal, conforming to the RFP, is most advantageous to the County, price and other factors considered. The

County reserves the right to make multiple awards based on the capacity of each Proposer.

B. The County reserves the right to 1) reject any or all proposals and any part of a proposal; 2) waive informalities, technical defects, and minor irregularities in proposals received; and 3) award the proposal(s) received on the basis of individual items or services or groups of items or services or the entire list of items or services.

C. The County shall be the sole judge of the suitability of the items or services to be provided pursuant to this RFP.

D. The County reserves the right to request the contractor/vendor’s latest financial statements and other such additional information as may be reasonably necessary to determine whether the contractor/vendor should be awarded the contract.

E. For debriefings, protests and appeals after the award of a contract, contractors are advised to consult the

Procurement Policy Manual located on the Dorchester County website at:

www.dorchestercountysc.gov/purchasing.

4.5. Notice of Award of Contract

A. The successful Proposer will be notified of acceptance of proposal by a written Letter of Intent to Award the contract. The successful Proposer shall not undertake any work, and the County will not be responsible for payment for any work whatsoever undertaken by successful Proposer prior to execution of the contract by both parties.

B. The successful Proposer shall be required to submit acceptable Insurance Certificate(s) and

Endorsement(s) within Five (5) Business Days after the issuance of the Notice of Award.

4.6. Contract Document

A. The successful Proposer shall be required to execute a formal contract within Ten (10) business days after issuance of a Letter of Intent to Award.

B. Said Contract shall be virtually identical in substance and form to the Sample Contract contained herein.

The only anticipated changes will be to include additional exhibits, to fill in the blanks to identify the successful Proposer, and terms relating to compensation, or to revise the contract to accommodate corrections, changes in the scope of work, or changes pursuant to addenda issued prior to the proposal opening.

https://www.dorchestercountysc.gov/purchasing

C. Because the signed contract will be substantively and substantially derived from the Sample Contract, Proposer is urged to seek independent legal counsel as to any questions about the terms, conditions or provisions contained in the Sample Contract, before submitting a proposal. Again, the Sample Contract, contains important legal provisions and is considered part and parcel of this RFP.

D. Proposers should raise any questions regarding the terms of the Contract, or submit requested changes in said terms, in the form of written questions or submittals, subject to the deadline for questions and should include on their Exceptions form.

E. Failure or refusal to sign aforesaid Contract shall be grounds for the County to revoke any Letter of

Intent to Award which has been issued, for the proposer to forfeit their proposal security, and for the

County to award the Contract to another Proposer.

4.7. Modification

A. The County has defined this section in the Sample Contract under Section Twenty-Three.

4.8. Notice to Proceed

A. A Notice to Proceed will be in the form of a purchase order after the successful Proposer has executed the Contract and has submitted acceptable performance and payment bonds (if applicable) to the County as well as other submittals specified herein as required to be delivered before the Notice to Proceed is issued.

B. The successful Proposer shall not deliver any equipment to the work site or commence work until the successful Proposer has received a written Notice to Proceed from the Purchasing Services Manager or other authorized County representative.

4.9. Proposer's Qualifications

A. Before a proposal is considered for award, the Proposer may be requested by the County to submit a statement providing additional information regarding their previous experience in performing comparable work.

4.10. Subcontractors

A. If any subcontractors will be used for this service, the successful Proposer shall provide to the

Purchasing Services Manager a list of names of any of the intended subcontractors, the subcontractor's applicable license number(s), and a description of the work to be done by each subcontractor on the

Subcontractor Data Report Form included herein.

B. The successful Proposer shall not substitute other subcontractors without the written consent of the

Purchasing Services Manager.

C. The successful Proposer shall be responsible for all services performed by a subcontractor as though they had been performed by the successful Proposer. Responsibilities include, but are not limited to, compliance with any applicable licensing regulations.

D. If at any time the Purchasing Services Manager determines that any subcontractor is incompetent or undesirable, the director shall notify the successful Proposer accordingly, and the successful Proposer shall take immediate steps for cancellation of the subcontract and replacement.

E. Nothing contained in any contract resulting from this RFP shall create any contractual relationship between any subcontractor and the County.

F. It shall be the successful Proposer’s responsibility to ensure that all terms required in the attached

Contract are incorporated into all subcontracts.

4.11. Indemnification

A. The County has defined this section in the Sample Contract.

4.12. Termination

A. The County has defined this section in the Sample Contract.

4.13. State and Local Taxes

A. Except as otherwise provided, Contract prices shall include all applicable state and local taxes.

B. The successful Proposer shall calculate that portion of the Contract which is subject to the seven percent

(7%) sales and/or use tax, which amount shall be itemized and shown on all invoices and shall be paid to

South Carolina Department of Revenue (SCDOR) by Contractor. If the successful Proposer is a non-

South Carolina company, the County will withhold said amount from all invoices and remit payment to the SCDOR, unless the Contractor furnishes County with a valid South Carolina Use Tax Registration

Certificate Number.

C. The successful Proposer shall indemnify and hold harmless the County for any loss, cost, or expense incurred by, levied upon, or billed to the County as a result of the successful Proposer’s failure to pay any tax of any type due by Contractor in connection with this Contract.

D. The successful Proposer shall ensure that the above sections are included in all subcontracts and sub-subcontracts and shall ensure withholding on out of state sub and sub-subcontractors to which withholding is applicable.

4.14. Drug-Free Workplace Act

A. By submitting an offer, Proposer certifies that, if awarded a contract, Proposer will comply with all applicable provisions of the Drug-Free Workplace Act, Section 44-107-10, et seq., South Carolina Code of Laws, 1976, as amended.

4.15. Insurance Requirements

The successful proposer shall procure, maintain, and provide proof of, insurance coverage for injuries to persons and/or property damage as may arise from or in conjunction with, the work performed on behalf of the

County by the proposer, his agents, representatives, employees, or subcontractors. Proof of coverage as contained herein shall be submitted prior to the commencement of work and such coverage shall be maintained by the proposer for the duration of the contract period; for occurrence policies.

4.15.1. General Liability

A. Coverage shall be as broad as: Comprehensive General Liability endorsed to include Broad Form, Commercial General Liability form including Products/Completed Operations.

Minimum Limits - General Liability:

$1,000,000 General Aggregate Limit

$1,000,000 Products & Completed Operations

$1,000,000 Personal and Advertising Injury

$1,000,000 Each Occurrence Limit

$50,000 Fire Damage Limit

$5,000 Medical Expense Limit

4.15.2. Automobile Liability

A. Coverage sufficient to cover all vehicles owned, used, or hired by the proposer, his agents, representatives, employees or subcontractors.

Minimum Limits - Automobile Liability:

$1,000,000 Combined Single Limit

$1,000,000 Each Occurrence Limit

$5,000 Medical Expense Limit

4.15.3. Workers' Compensation

A. Limits as required by the Workers' Compensation Act of SC. Employers Liability: $1,000,000.

4.15.4. Owners' & Contractors' Protective Liability

A. Policy will be in name of County. Minimum limits required are $1,000,000. Required if work is defined as a construction project where the proposal total exceeds $1,000,000.

4.15.5. Professional Liability

A. Minimum limits are $1,000,000 per occurrence.

4.15.6. Coverage Provisions

A. All deductibles or self-insured retention shall appear on the certificate(s).

B. The County of Dorchester, its' officers/ officials, employees, agents and volunteers shall be added as

"additional insured" as their interests may appear. This provision does not apply to Professional Liability or Workers' Compensation/Employers' Liability.

C. The offeror's insurance shall be primary over any applicable insurance or self-insurance maintained by the County.

D. Shall provide 30 days written notice to the County before any cancellation, suspension, or void of coverage in whole or part, where such provision is reasonable.

E. All coverage for subcontractors of the proposer shall be subject to all of the requirements stated herein.

F. All deductibles or self-insured retention shall appear on the certificate(s) and shall be subject to approval by the County. At the option of the County, either; the insurer shall reduce or eliminate such deductible or self-insured retention; or the proposer shall be required to procure a bond guaranteeing payment of losses and related claims expenses.

G. Failure to comply with any reporting provisions of the policy(s) shall not affect coverage provided the

County, its officers/officials, agents, employees, and volunteers.

H. The insurer shall agree to waive all rights of subrogation against the County, its' officers/officials, agents, employees or volunteers for any act, omission or condition of premises which the parties may be held liable by reason of negligence.

I. The proposer shall furnish the County certificates of insurance including endorsements affecting coverage. The certificates are to be signed by a person authorized by the insurance company(s) to bind coverage on its' behalf, if executed by a broker, notarized copy of authorization to bind, or certify coverage must be attached.

J. All insurance shall be placed with insurers maintaining an A.M. Best rating of no less than an A:VII. If

A.M. Best rating is less than A:VII, approval must be received from County’s Risk Manager.

4.16. Utilization by Other Public Agencies Clause

A. The use of this solicitation and resulting contract shall be made available to other local governmental agencies and agencies established for the public benefit (“Public Agencies”). The parties agree to allow other governmental agencies to enter into separate agreements with the Contractor under the terms and prices in effect between the County and the Contractor, upon prior approval from Contractor of proposed pricing for other governmental agencies. The parties also agree that any other agency utilizing the terms and prices of this agreement shall not be deemed to be an agent or employee of the County of

Dorchester for any purpose whatsoever. The parties further agree that any Public Agency will enter its own separate contract with the Contractor.

B. The County is not otherwise responsible for the Public Agencies’ performance of the Contract between the individual Public Agencies and the Contractor or for any obligation or liability accruing to the Public

Agencies in the performance thereof. The Public Agencies and the Contractor further agree to waive any rights they may have in making the County of Dorchester a party to a dispute between a Public Agency and the Contractor.

C. The County may advertise the resulting contract to other public agencies for their use as described in above on third-party platforms.

4.17. All County Departments Eligible to Purchase

A. This solicitation may be issued by a specific department, but the County shall have the discretion to permit ALL County departments, divisions, or other business units to purchase the goods or services solicited at the terms, conditions, and pricing as agreed-upon in the contract resulting from the solicitation. Expansion of the contract to include other County departments, divisions, or other business units may be accomplished by purchase order, change order, or amendment, as determined by the

Purchasing Services Manager.

4.18. Confidential Information

A. Proposers must clearly mark as “confidential” each part of their response which they consider to be trade secrets or information of a personal nature that could be exempt from disclosure under the South

Carolina Freedom of Information Act (SCFOIA) as set forth in Chapter 4, Title 30, of the South

Carolina Code of Laws, 1976, as amended. The County reserves the right, in its sole discretion, to determine whether this information should be exempt from disclosure and no legal action may be brought against the County or its agents for its determination in this regard. Upon receipt of a proposal package by the County the submittal shall become the property of the County without compensation to the proposer, for disposition or usage by the County at its discretion. The details of the proposal documents will remain confidential until final award, except for sections that are marked “confidential” as explained above and except as required by law.

4.19. Intellectual Property

A. Any information, data, instruments, documents, studies, reports, or deliverables given to, exposed to, or prepared or assembled by the proposer shall be kept as confidential information of the County and not divulged or made available to any individual or organization except as required by law. Such information, data, instruments, documents, studies, reports, or deliverables will be the sole property of the County and not the proposer.

B. All intellectual property, including, but not limited to, patentable inventions, patentable plans, copyrightable works, mask works, trademarks, service marks, and trade secrets invented, developed, created, or discovered in performance of this contract shall be property of the County.

5. SECTION FIVE: SAMPLE CONTRACT

5.1. Sample Agreement

STATE OF SOUTH CAROLINA

COUNTY OF DORCHESTER

THIS CONTRACT (hereinafter the “Contract”) entered into this day of XXXXX 2025, between the

COUNTY OF DORCHESTER, South Carolina, a public body corporate and politic and political subdivision of the State of South Carolina, (hereinafter the "County") and (NAME OF COMPANY/INDIVIDUAL), a

(State Name) Sole Proprietorship/Partnership/Corporation, Limited Liability Corporation (choose one), the address of which is Street, City, State, Zip (hereinafter the "Consultant"), (“Party” as to each; collectively the

“Parties”).

W I T N E S S E T H:

WHEREAS, the County wishes to contract for [Description of Services], as described in Solicitation No.

[####] (“Work” and/or “Services”); and

WHEREAS, the Consultant has represented to the County that its staff is qualified to provide the Work and perform this Contract in a professional and timely manner; and

WHEREAS, the County has relied upon the above representations by the Consultant; and

NOW, THEREFORE, for and in consideration of these promises, of the mutual covenants herein set forth, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, and the above-referenced recitals incorporated into this Contract herein by reference, the Parties hereto hereby agree as follows:

SECTION ONE

Contract Documents

The Parties agree that the Contract Documents shall include the following, which are incorporated herein by reference:

Exhibit A: Solicitation No. [###] Exhibit B: Consultant’s Insurance Certificate(s) and Endorsement(s) Exhibit C: Consultant's submission dated [dddd] Exhibit D: Consultant’s Cost Proposal and Preliminary Schedule dated [dddd] Exhibit E: Required Forms appended to this contract

In the event of any conflict, discrepancy, or inconsistency among any of the documents which make up this

Contract, the following shall control:

A. As between the Contract and the Contract Documents or any other documents which make up this

Contract, this Contract shall govern.

B. In the event of any conflict, discrepancy, or inconsistency among any of the other Contract Documents, the Consultant shall diligently review all such documents and notify the County immediately upon discovery of same for resolution by the County.

C. Any documents not included or expressly contemplated in this Contract do not, and shall not, form a part of this Contract. The Contract Documents are intended to be complementary, and a requirement in one document shall be deemed a requirement in all documents.

In order to induce the County to execute this Contract and recognizing that the County is relying thereon, the

Consultant, by executing this Contract, makes the following express representations to the County:

The Consultant is fully qualified to act as the design professional for the work and has, and shall maintain, any and all licenses, permits or other authorizations necessary to act as the design professional for, and to design the work;

The Consultant has become familiar with the work site and the local conditions under which the work is to be constructed and operated. “Work Site” means the site or sites where the Work is performed.

The Consultant has received, reviewed and examined all of the documents which make up this Contract, and has found them to the best of its knowledge, to be complete, accurate, adequate, consistent, coordinated and sufficient.

SECTION TWO

Scope of Work

The Consultant agrees to perform and furnish all labor, supervision, materials, equipment, transportation and supplies necessary for the completion of the Work required under this Contract in a professional manner, in accordance with the customarily accepted professional standard of care and all applicable laws, rules and regulations.

Scope of Work and Specifications:

Provide services as detailed in the RFQ/Scope of Work, Consultant’s offer, and Consultant’s cost proposal, marked Exhibits A, C, and D and previously incorporated herein by reference.

SECTION THREE

Contract Price: Payment Terms

Payment shall be due within thirty (30) days of approved invoices. Payment shall not exceed those costs outlined in the Cost Proposal marked Exhibit D and previously incorporated herein by reference.

SECTION FOUR

Time: Term of Contract

The term of the Contract shall commence upon issuance of a Notice to Proceed by the Purchasing Services

Manager. The contract term shall be one year with the option to renew up to four additional one-year terms.

SECTION FIVE

Surety Bonds

[Intentionally Omitted]

SECTION SIX Insurance Requirements

The Consultant, at its own expense, shall at all times during the term of the Contract, maintain insurance as included in the General Terms and Conditions of RFP No. [ ], which is attached hereto and previously incorporated by reference. The County may contact the Consultant’s insurer(s) or insurer(s)' agent(s) directly at any time regarding the Consultant’s coverages, coverage amounts, or other such relevant and reasonable issues related to this Contract. The Consultant shall also require any subconsultants to carry the same coverages in the same amounts.

The County must be advised immediately of any changes in required coverages.

SECTION SEVEN

Compliance with Legal Requirements

All applicable federal, state and local laws, ordinances, and rules and regulations of any authorities (including, but not limited to, any laws, ordinances or regulations relating to the S.C. Department of Revenue) shall be binding upon the Consultant throughout the pendency of this Work. The Consultant shall be responsible for compliance with any such law, ordinance, rule or regulation, and shall hold the County harmless and indemnify same in the event of non-compliance as set forth in the Contract.

The Consultant certifies that it will comply with the applicable requirements of Title 8, Chapter 14 of South

Carolina Code of Laws, 1976, as amended, and agrees to provide to the State upon request any documentation required to establish either: (a) that Title 8, Chapter 14 is inapplicable to the Consultant and its subConsultants or sub-subConsultants; or (b) that the Consultant and its subConsultants or sub- subConsultants are in compliance with Title 8, Chapter 14.

Pursuant to Section 8-14-60, “A person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony and, upon conviction, must be fined within the discretion of the Court or imprisoned for not more than five years, or both.”

The Consultant agrees to include in any contracts with subConsultants, language requiring subConsultants to (a) comply with applicable requirements of Title 8, Chapter 14, and (b) include in its contracts with the sub-

Consultants language requiring the sub-subConsultants to comply with the applicable requirements of Title 8, Chapter 14.

The Consultant agrees to and shall certify agreement to abide by the requirements under Title VI of the Civil

Rights Act of 1964, and other non-discrimination authorities under Federal Executive Order Number 11246, as amended, and specifically, the provisions of the equal opportunity clause. It is the policy of Dorchester County

Government to assure that no person shall, on the grounds of race, color, or national origin, as provided by Title

VI of the Civil Rights Act of 1964, be excluded from participation in, be denied the benefits of, or be otherwise discriminated against under any of its federally funded programs and activities. Any person who believes his/her Title VI protection has been violated may file a complaint. For additional information concerning Title

VI complaint procedures please contact the Title VI Coordinator, at 843-563-0242 or pjhart@dorchestercountysc.gov.

The Consultant shall comply with all applicable federal, state and local laws, ordinances, rules and regulations of any authorities throughout the duration of this Contract. The Consultant shall be responsible for compliance with any such law, ordinance, rule or regulation, and shall hold County harmless and indemnify same in the event of non-compliance.

mailto:pjhart@dorchestercountysc.gov

SECTION EIGHT

Drug-free Workplace Act

The Consultant shall comply with the South Carolina Drug-free Workplace Act, Section 44-107-10 et seq., S.C.

Code of Laws (1976, as amended).

SECTION NINE

Consultant's Warranties and Representations

The Consultant represents that its staff is knowledgeable about and experienced in performing the Work required in this Contract and warrants use of reasonable skill and attention to provide above-described Work in a professional manner and in accordance with a mutually agreed-upon schedule.

The Consultant warrants and represents that it shall be responsible for all subconsultants working directly for it, as well as for their Work product, as though the Consultant had performed the Work itself.

The Purchasing Services Manager may, in writing, require the Consultant to remove from the Work Site any employee the Purchasing Services Manager deems incompetent, careless or otherwise objectionable.

SECTI…