Delinquent_Tax_and_Tax_Sale_Notice_Posting_Services.pdf

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

REQUEST FOR PROPOSAL

No. 2026-51

Delinquent Tax and Tax Sale Notice Posting Services

Publish Date March 10, 2026

Last Day for Questions March 23, 2026, 8:00am

Proposal Due Date April 3, 2026, 2:00pm

Table Of Contents

1. SECTION ONE: SCOPE/STATEMENT OF WORK

1.1. Purpose

1.2. Background and Estimated Quantities

1.3. General Scope of Services

1.4. Detailed Scope Requirements

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. Term of Agreement

3.5. Payment to Contractor

3.6. Shipping

3.7. Permits and Licenses

3.8. Additional Information and Inquiries

4. SECTION FOUR: TERMS AND CONDITIONS

4.1. Preparation, Submission and Withdrawal of Proposals

4.2. Non-Collusion Certification Requirements

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. Vendor Questionnaire

6.2. Attachments and Exhibits

1. SECTION ONE: SCOPE/STATEMENT OF WORK

1.1. Purpose

Dorchester County (“County”) is soliciting proposals from qualified firms to provide delinquent tax, tax sale, and related statutory notice posting services in compliance with South Carolina law, including but not limited to SC Code of Laws §12-51-40. Services shall include the physical posting of notices on applicable properties and mobile homes, documentation of postings, reporting, and records management.

The County seeks a contractor capable of providing accurate, verifiable, and legally defensible posting services, supported by timely reporting and secure County access to posting records.

1.2. Background and Estimated Quantities

The County conducts annual delinquent tax and tax sale proceedings requiring posting of statutory notices on real property and mobile homes.

Based on the most recent annual cycle, the County anticipates approximately:

o Real Estate Postings: ~1,289 per year o Mobile Home Postings: ~640 per year

These quantities are estimates only and do not constitute a guarantee of volume.

1.3. General Scope of Services

The Contractor shall provide all labor, supervision, equipment, transportation, technology, and materials necessary to perform posting services, including but not limited to:

o Physical posting of delinquent tax, tax sale, and related notices on properties and mobile homes o Verification and documentation of each posting o Real-time or near real-time posting confirmation accessible by the County o Secure recordkeeping and reporting o Support documentation for audits, appeals, or litigation o Coordination with the County’s Delinquent Tax Office

1.4. Detailed Scope Requirements

1.4.1. Posting Services

The Contractor shall:

1. Receive posting assignments from the County in an agreed electronic format.

2. Post notices in accordance with all applicable South Carolina statutes, regulations, and County procedures.

3. Ensure postings are:

▪ Clearly visible

▪ Securely affixed

▪ Placed at appropriate locations on properties or mobile homes

4. Complete postings within County-directed timeframes, including peak tax sale periods.

1.4.2. Verification and Documentation

Each posting shall be documented at a minimum by:

o Date and time of posting o Physical address and/or parcel identification o Geo-location or location verification o Photographic evidence of posted notice o Identification of posting technician

Documentation must support legal sufficiency in the event of challenges to the tax sale process.

1.4.3. Real-Time / Near Real-Time Access

The Contractor shall provide the County with secure access to a system or platform that allows County staff to:

o View posting status o Access posting photographs and field data o Monitor completion progress o Export reports o Retrieve historical records

“Near real-time” is defined as posting data available the same day or within one business day of field posting activity.

1.4.4. Reporting

The Contractor shall provide:

o Standard reports (posted, pending, exceptions, re-posts, unsuccessful attempts) o Exportable data files (Excel, CSV, or equivalent) o Final certified posting logs for each tax cycle o On-demand reporting upon County request

1.4.5. Records Management and Retention

The Contractor shall:

o Maintain secure electronic records of all postings o Retain posting documentation for a minimum period to be specified by the County (recommended:

not less than five (5) years) o Provide records promptly upon County request for audits, appeals, public records requests, or litigation support

1.4.6. Compliance and Quality Control

The Contractor shall:

o Maintain written posting procedures o Conduct quality control reviews o Ensure personnel are trained on statutory posting requirements o Provide a designated contract manager

1.4.7. Mobile Home Posting Services

Services shall include postings on mobile homes, including coordination to locate mobile homes, verify identification, and document postings in a manner sufficient to support enforcement and tax sale proceedings.

1.4.8. Customer Support and Coordination

The Contractor shall:

o Designate a primary account representative o Participate in planning meetings o Provide training to County staff on system access and reporting o Respond to County inquiries within defined service response times

1.4.9. Transition and Implementation

If awarded, the Contractor shall provide an implementation plan that includes:

o System setup o User access o County staff training o Posting workflow coordination o Transition from any existing provider

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.

1. Cover Letter o Firm name, address, and contact information o Authorized representative signature o Statement of commitment to perform services

2. Firm Qualifications and Experience o Company background and history o Experience providing posting services, tax sale support, or similar field-based compliance services o Experience working with government entities o Number of years providing posting services o Description of geographic service coverage

3. Project Team and Staffing o Organizational chart o Key personnel and roles o Field staffing approach o Training procedures o Background checks or screening processes

4. Technical Approach and Methodology o Detailed description of posting procedures o Methods used to ensure statutory compliance o Quality control processes o Procedures for handling inaccessible, unsafe, or disputed locations o Approach to real estate postings o Approach to mobile home postings

5. Real-Time / Near Real-Time Verification System o Description of the system or platform used o Data captured at posting o Timing of data availability o County access controls o Reporting capabilities o Data export features o Security protections

6. Reporting and Records Management o Standard reports provided o Custom reporting capabilities o Record retention practices o Litigation and audit support experience

7. Implementation and Transition Plan o Timeline o System setup o Training o Go-live process o Transition support

8. Pricing Proposal

Pricing shall be provided on a per-posting basis, separately identifying:

o Real estate postings o Mobile home postings o Any volume tiers (if applicable) o Any optional services

The County prefers firm, all-inclusive per-posting pricing. Estimated annual volumes are provided for evaluation purposes only.

9. References

▪ At least three (3) government references

▪ Include entity name, contact person, phone number, and email

▪ Preferably counties with delinquent tax or tax sale posting services

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. Technical Approach &

Compliance

Description:

Evaluates the proposer’s understanding of statutory posting requirements, quality control measures, and overall methodology.

How proposers should demonstrate:

o Step-by-step posting workflow o Compliance controls o Error prevention methods o Handling of exceptions o Mobile home posting approach o Legal defensibility measures

0-5 Points 30

(30% of Total)

2. System Capabilities &

Verification

Description:

Evaluates the proposer’s ability to provide real-time or near real-time verification, County visibility, and secure access to posting data.

How proposers should demonstrate:

o Description of system functionality o Sample screenshots or system descriptions o Timing of data availability o User access features o Reporting and export tools o Security safeguards

0-5 Points 20

(20% of Total)

3. Experience & Qualifications

Description:

Evaluates the firm’s background, relevant experience, and performance history.

How proposers should demonstrate:

o Government contracts o Similar posting or field verification work o Number of years in operation o References o Litigation or audit support experience

0-5 Points 15

(15% of Total)

4. Staffing & Project Management

Description:

Evaluates staffing adequacy, supervision, training, and continuity.

How proposers should demonstrate:

o Organizational structure o Key staff qualifications o Training programs o Contract management approach o Escalation and support procedures

0-5 Points 10

(10% of Total)

5. Reporting and Records

Mangement

Description:

Evaluates reporting quality, record retention practices, and County access to documentation.

How proposers should demonstrate:

o Sample report descriptions o Data formats o Retention schedules o Public records and litigation support capabilities

0-5 Points 10

(10% of Total)

6. Cost

Description:

Evaluates overall cost to the County.

How proposers should demonstrate:

o Firm per-posting pricing o Separate real estate and mobile home pricing o Any optional or additional fees

Confirmation that pricing includes all labor, travel, reporting, and system access

0-5 Points 15

(15% of Total)

2.3. General Award and Criteria Information

A. 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.

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

C. 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.

D. 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.

E. 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.

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

G. 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.

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

I. 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 Monday, March 23, 2026 at 8:00 am.

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 Friday, April 3, 2026 at 2:00 pm, after which time they will be evaluated. Late proposals will not be accepted.

3.4. Term of Agreement

The term of the contract will be One (1) year with up to Four (4) additional one-year renewals.

3.5. Payment to Contractor

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

3.6. Shipping

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

3.7. 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.

3.8. 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 the contact listed on the cover page of the solicitation. 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 for this solicitation must be submitted electronically through the County’s OpenGov

Procurement Portal. No other method of submission is authorized.

B. Proposals shall not be submitted by email, fax, hand delivery, mail, courier, or any other means. Any bid or pricing information received outside of OpenGov — including proposals emailed to County staff — will be considered an unauthorized and non-responsive submission and will not be opened, accepted, or considered.

C. Dorchester County is not responsible for proposals not received due to technical issues, user error, connectivity problems, or failure to complete the submission process in OpenGov prior to the deadline.

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

E. Proposals may be withdrawn prior to the time set for opening of proposals, but not thereafter.

F. 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.

G. 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.

H. 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.

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

4.2. Non-Collusion Certification Requirements

A. Each proposal submitted in response to this solicitation shall include an electronic non-collusion certification. By submitting a proposal, the Proposer affirms that its response is genuine and not collusive or sham and that the Proposer has not colluded, conspired, or agreed with any other vendors or person to fix prices, restrict competition, or otherwise undermine the competitive procurement process.The electronic submission of a proposal constitutes the Proposer’s legally binding certification and execution of this requirement.

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.

https://www.dorchestercountysc.gov/purchasing

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.

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.

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 2026, 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:

Contractor will provide task orders as requested by County for specific projects.

SECTION THREE

Contract Price: Payment Terms

The Contract Price shall be based on each individually approved Task Order. The Consultant shall submit the associated Fee with each Task Order’s Scope of Work. The Consultant shall submit monthly invoices for work performed on the Task Order or submit invoices based on agreed Task Order milestones. Monthly submissions shall indicate the estimated work completion on the Task Order. A department director or his designee shall review the Invoice Submission and recommend Payment for the services.

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

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 Solicitation 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.

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.

SECTION TEN

Retention of Records

The Consultant agrees to maintain for three (3) years from the date of Final Payment, or until the end of any audit or closure of all pending matters under this Contract, whichever is later, all books, documents, papers, and records pertinent to this Contract. The Consultant agrees to provide to the County, any federal grantor agency, the Comptroller General of the United States, any state grantor agency, any assignee, or any of their duly authorized representatives access to such books, documents, papers, and records for the purpose of examining, auditing, and copying them. The Consultant further agrees to include these provisions in any subcontracts issued in connection with this Contract.

mailto:pjhart@dorchestercountysc.gov

SECTION ELEVEN

State and Local Taxes

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

The Consultant shall calculate that portion of the Contract which is subject to the seven percent (7%)

South Carolina 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 the Consultant. If the Consultant is a non-

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

Certificate Number.

The Consultant 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 Consultant's failure to pay any tax of any type due in connection with this Contract.

The Consultant shall ensure that the above sections are included in all subcontracts and sub-subcontract, and shall ensure withholding on out of state sub and sub-subconsultants to which withholding is applicable.

SECTION TWELVE Independent Consultant

The Consultant is an independent Consultant and shall not be deemed the agent or employee of the County for any purpose whatsoever. The Consultant shall not hold himself out as an employee of the County and shall have no power or authority to bind or obligate the County in any manner, except the County shall make payment to the Consultant for Work and expenses as herein provided. The Consultant shall obtain and maintain all licenses and permits required by law for performance of this Contract by him or his employees, agents, and servants. The Consultant shall be liable for and pay all taxes required by local, state or federal governments, including but not limited to social security, Workers’ Compensation, employment security, and any other taxes and licenses or insurance premiums required by law. No employee benefits of any kind shall be paid by the County to or for the benefit of the Consultant or its employees, agents, or servants by reason of this Contract.

SECTION THIRTEEN

Other Contracts

The County reserves the right to undertake or award other contracts for additional Work, and may elect to complete portions of the Work included in this Contract using its own forces or through other contracts, and the Consultant shall fully cooperate with such other Consultants, County employees and carefully fit its own Work to such Work as may be directed by the County. The Consultant shall not commit or permit any act by its forces or subConsultants which will interfere with the performance of Work by any other

Consultant or by the County and or Department employees.

SECTION FOURTEEN

Permits and Licenses

The Consultant 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.

SECTION FIFTEEN

Safety, Health, and Security Precautions

The Consultant shall take proper safety, health and security precautions to protect its workers and the

County's property, workers and the public at all times during the term of this Contract.

SECTION SIXTEEN

Inspection and Acceptance

All Work shall be subject to inspection and test by the County at all reasonable times and places. The

Consultant shall, without charge, correct any workmanship found by the County not to conform to the

Contract requirements.

SECTION SEVENTEEN

Conditions Affecting the Work

The Consultant shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the Work, and the general and local conditions which can affect the Work or the cost thereof. Any failure by the Consultant to do so will not relieve it from responsibility for successfully performing the Work without additional expense to the County.