RFP No. 25-2801-1ARA HCPD Promotional Process Consulting Services.docx

COMMONWEALTH OF VIRGINIA

County of Henrico

RFP No. 25-2801-1ARADEPARTMENT OF FINANCE Oscar Knott, CPP, CPPO, NIGP-CPP, VCO Purchasing Director

February 18, 2025 Request for Proposal (“RFP”) Henrico County Police Department Promotional Process Consulting Services

Your firm is invited to submit a proposal to provide Promotional Process Consulting Services in accordance with the enclosed Specifications and General Terms and Conditions. Pursuant to Section 2.2-4304 of the Code of Virginia, this procurement is a cooperative procurement being conducted on behalf of Henrico County and other public bodies.

Your firm’s proposal submittal, consisting of one (1) complete electronic copy and one (1) redacted electronic copy (if applicable) in a “pdf” format, will be received no later than March 18, 2025 at 11:00 A.M. by submission through the Commonwealth of Virginia’s electronic procurement platform eVA.

Time is of the essence, and any offeror that attempts to submit a proposal after the appointed hour for submission, will be unable to, because eVA automatically closes the solicitation at the appointed time. The time of receipt shall be determined by the time clock in eVA. Offerors are responsible for ensuring that their proposals are submitted in eVA by the deadline indicated.

Nothing herein is intended to exclude any responsible offeror or in any way restrain or restrict competition. On the contrary, all responsible offerors are encouraged to submit proposals. The County of Henrico reserves the right to accept or reject any or all proposals submitted.

Pursuant to Henrico County Code Section 16-43, the award will be made by the Purchasing Director.

This RFP and any addenda are available on the County of Henrico website at: http://henrico.us/finance/divisions/purchasing, and on eVA at https://eva.virginia.gov/.

Should you have any questions concerning this RFP, please contact Amy Anthes at ant041@henrico.gov by no later than February 25, 2025.

Very truly yours, Amy Anthes

Procurement Analyst III

I. INTRODUCTION

A. Purpose The intent and purpose of this Request for Proposal (“RFP”), and the resulting contract, is to obtain services from a qualified firm to provide consulting services for promotional testing and selection processes in accordance with the Scope of Services section of the solicitation.

B. Background The County of Henrico, Virginia (the “County”) Police Division (“HCPD”) provides law enforcement to a diverse population in the metropolitan Richmond, Virginia area. The County encompasses a 244 square mile geographic area surrounding the state capital on the north, west and east. The County has more than 344,000 residents and is also home of many high-tech corporations, educational institutions, medical facilities, and other critical infrastructures such as the Richmond Airport and Amtrak station.

HCPD requires a qualified and experienced firm to design, validate and supply a promotional process that is transparent, fair, valid, and defensible in any legal or administrative proceeding. The promotional process will ultimately provide a list of suitable candidates that will be ideally maintained for two years.

Based on the last four years, the estimated number of candidates participating in each promotional process is 60 Sergeants, 30 Lieutenants.

HCPD currently has a timeline of the promotional process, resulting from the RFP, opening no later than May 2025, written test the first week of October, assessment exercises the third or fourth week of October, with a list of promotable candidates submitted to the Chief of Police, no later than December 31, 2025.

The resulting contract will provide for developing an initial promotional process meeting the timeline stated above, with additional promotional processes completed on as as-needed bases.

II. SCOPE OF SERVICES

The Successful Offeror shall provide all labor, supervision, materials, equipment, etc. to provide consulting services to create a promotional process that provides for testing and selection of the most suitable candidates for the rank of Sergeant and Lieutenant.

A. General Requirements

1. Provide a promotional process for onsite assessors and remote assessors that will be transparent, fair, valid, and legally and administratively defensible;

2. Provide a promotional process that is in accordance with the Uniform Guidelines on Employee Selection Procedures (https://uniformguidelines.com), Henrico County Police Division policy and procedures and County of Henrico Personnel Policies and Procedures;

3. Provide an outline of all the steps and a timeline for completion to meet the required project deadline;

4. Respond to all inquiries via email or telephone in a timely manner;

5. Communicate on a continuous basis throughout the contract; and,

6. Provide testimony for any legal or administrative proceeding if the promotional process including written exam, if applicable, and assessment center process is challenged.

7. Firm should be regularly engaged in providing the services solicited in this RFP for no less than four (4) years.

B. Specific Requirements

1. Current HCPD Job Review The Successful Offeror shall be provided with existing information concerning the HCPD organization and the target jobs (job descriptions, class specifications, training manuals, Standard Operating Procedures, etc.) and will review provided materials. The Successful Offeror shall gather and review the tasks, duties and responsibilities, knowledge, skills, and abilities for effective and ineffective job behavior and submit for review and accuracy by the HCPS’s internal subject matter experts.

2. Industry Best Practice Analysis The Successful Offeror shall conduct a best practice analysis for promotional processes and assessment centers with the law enforcement industry including, but not limited to, the Virginia Association of Chiefs of Police (VACP), International Association of Chiefs of Police, (IACP), and Commission on Accreditation for Law Enforcement Agencies (CALEA). The results of the Successful Offeror review of provided materials and best practice analysis will be used in the development of the job knowledge process, evaluation dimensions, and assessment center exercises to ensure they reflect the requirements of the target rank. This analysis shall provide the method for content validation.

3. Job Knowledge Process The Successful Offeror shall:

a. Design a promotion process based on best practice for the ranks of Sergeant and Lieutenant in consultation with HCPD subject matter experts that measures core knowledge, skills, and abilities of each applicable position;

b. Ensure it can be administered on a computer using Microsoft Windows 10;

c. Provide an equivalent version for candidates unable to sit for process due to extenuating circumstances;

d. Provide a study guide minimally 30 days in advance of the process;

e. Administer and score;

f. Provide one or more challenge sessions after the process;

g. Score, compile and analyze the data from test takers within 30 days; and

h. Develop the process to merge extenuating circumstance scores into original data.

4. The Assessment Center The Successful Offeror shall;

a. Develop and conduct an assessment center for the ranks of Sergeant and Lieutenant that allows candidates to participate in a series of individual exercises that simulate critical aspects of the target ranks;

b. Provide guidance to all candidates of expectations of the assessment process;

c. Describe the assessment process and answer candidates’ questions;

d. Provide trained assessors to observe each candidate’s performance and evaluate candidates' behavior on predefined dimensions that relate to success on the job; and, C. Deliverables Two separate, increasingly complex promotional assessments shall be required: one for the rank of Police Sergeant and one for rank of Police Lieutenant. Offerors should provide a process involving on site assessors and a process involving remote assessors.

No single element of the selection process shall serve as an eliminator. All candidates for promotion shall be evaluated on all elements of the assessment process in which they actively participate.

The Police Sergeant’s process should encompass a written examination and at least two job specific exercises. These may contain, but are not limited to, exercises demonstrating oral and written communication, problem solving, judgment, decisiveness, planning/organization, and delegation/ control commensurate to the rank of Police Sergeant at Henrico County.

The Police Lieutenant’s process should ensure a written examination and at least two job specific exercises. These may contain, but are not limited to, exercises demonstrating oral and written communication, problem solving, judgment, decisiveness, planning/organization and delegation/control commensurate to the rank of Police Lieutenant at Henrico County.

USERRA Compliance: Henrico County Police Division does not discriminate against qualified service members called to active duty from participating in the promotional processes. HCPD shall, upon request, allow qualified members on active duty to take an alternate written test and to perform an alternate set of assessment exercises, designed by the Successful Offeror, in order to participate in the promotional process.

The promotional assessment processes, being multi-faceted and complex shall be divided into four (4) phases.

Phase One: Introduction and Familiarization (May15, 2025)

1. Meet with the Chief of Police, Police Senior Execute Staff and Project Team to discuss the Henrico County Police Division’s mission, philosophy and culture and to define goals and expectations for the promotional process.

2. Compose a process announcement letter to potential candidates.

3. Review materials provided by the Division to become familiar with Henrico County Police Division.

4. Develop job task analyses for the ranks of Police Sergeant and Police Lieutenant.

5. Verify job task analyses findings with HCPD subject matter experts.

6. Review and suggest modifications (based on industry best practices) the reading lists for each rank.

7. Publish the Division approved reading list to prospective applicants for promotion with application deadline.

8. Provide a comprehensive report covering all aspects of Phase One.

Phase Two: Promotional assessment Design and Promotion Applicant Orientation (August 2025)

1. Provide a written draft of Sergeant and Lieutenant examination questions based on the criteria agreed upon in Phase One. All questions should be sourced for the agreed upon reading list. There should be enough drafted questions that some may be eliminated in the review process.

2. Hold meetings with subject matter experts at the rank of Lieutenant or above to review drafted questions to ensure their validity and relevance to the operations and culture of HCPD. All participants in the review process must sign a confidentiality agreement provided by the vendor.

3. Provide a written design draft of Sergeant and Lieutenant assessment exercises based on the criteria agreed upon in Phase One. The draft should include the exercise prompt, the scoring instruments, and information on the validity of all exercise components and description of efforts to avoid adverse impact on any group of applicants in the process. There should be enough drafted exercises that some may be eliminated/updated in the review process.

4. Present the plan for assessment center orientation, the plan for assessor selection and training, the logistics and scheduling for all components of the assessments (written examination and assessment exercises), the method for applicant appeal or challenge to any pat of the assessment and an updated project timeline.

5. Draft a letter to be sent by the Project Team to the applicants with:

a. An outline and explanation of all components of the assessment;

b. A schedule/timeline for the assessment; and,

c. Deliver a recorded (audio and visual) orientation to all applicants to describe the assessment process and components in enough detail for applicants to understand the components of the assessment and how to prepare.

6. Provide a comprehensive report covering all aspects of Phase Two.

Phase Three: Written Test and Assessment Exercises (October 2025)

1. Identify and secure the best qualified assessors to bring a wide variety of law enforcement perspectives representing a rand at least one level above the assessed rank. The expectation is for the vendor to pay for all expenses associated with the assessors, such as travel, hotels, meals, etc.

2. Administer training for assessors and invite Project Team and at least one member of the HCPD Senior Executive staff.

3. Prepare and assemble all examination, assessment and scoring forms and instruments; assemble applicant and assessor packets; purchase all materials and supplies; handle all preparation and set-up activities prior to all activities.

4. Secure and set up all audiovisual equipment in order to record each applicant for career development and the appeal/challenge process. All recordings should be provided to HCPD once the process has been completed.

5. Coordinate, monitor and administer all assessment activities for each rank based on the agreed upon design from Phase Two.

6. Complete the breakdown after each assessment activity.

7. Score the written examinations and score or review the scores of the assessors for all assessment activities no later than 30 days after each assessment activity concludes.

8. Provide comprehensive report covering all aspects of Phase Three.

Phase Four: Scoring. Applicant Feedback and Process Review (December 2025)

1. Compile and present the results (scores) of all assessment activities to the Chief of Police or his designee.

2. Compile a written report for each applicant and debrief each applicant on his/her performance. Ratings for each activity and a summary total for the individual applicant must be included in the report, as well as the top score, bottom score and average score with no names attached. A summary of the assessor’s comments and a brief assessment of strengths and weaknesses must be included.

3. Provide a comprehensive final report.

4. Provide a copy of all materials necessary to support review and administration of all testing assessments, scoring and feedback for each assessment activity.

5. Review the entire project with the Chief of Police, the Project Team to share feedback and evaluate the assessment process.

6. Provide the Division with timely assistance to address any post-promotion appeals, grievances of other litigation arising out of the performance of this promotional process.

Anticipated Project Timeline

III. COUNTY RESPONSIBILITIES

The County will designate an individual to act as the County’s representative with respect to the work to be performed under this contract. Such individual shall have the authority to transmit instructions, receive information, and interpret and define the County’s policies and decisions with respect to the contract.

IV. ANTICIPATED PROCUREMENT SCHEDULE

The following represents the timeline of the process currently anticipated by the County:

V. GENERAL CONTRACT TERMS AND CONDITIONS

A. Annual Appropriations The contract resulting from this procurement (“Contract”) shall be subject to annual appropriations by the Henrico County Board of Supervisors. Should the Board fail to appropriate funds for this Contract, the Contract shall be terminated when existing funds are exhausted. The Successful Offeror (“Successful Offeror” or “Contractor”) shall not be entitled to seek redress from the County or its elected officials, officers, agents, employees, or volunteers should the Board of Supervisors fail to make annual appropriations for the Contract.

B. Award of the Contract

1. The County reserves the right to reject any or all proposals and to waive any informalities.

2. The Successful Offeror must, within fifteen (15) calendar days after Contract documents are presented for signature, execute and deliver to the Purchasing office the Contract documents and any other forms or bonds required by the RFP.

3. The Contract resulting from this RFP is not assignable

4. Notice of award or intent to award may also appear on the Purchasing Office website: http://henrico.us/finance/divisions/purchasing/.

C. Collusion By submitting a proposal in response to this Request for Proposal, each Offeror represents that in the preparation and submission of this proposal, the Offeror did not, either directly or indirectly, enter into any combination or arrangement with any person, Offeror or corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C. § 1 et seq.) or Section 59.1-9.1 through 59.1-9.17 or Sections 59.1-68.6 through 59.1-68.8 of the Code of Virginia.

D. Compensation

1. The Successful Offeror must submit a complete itemized invoice for services that are performed under the Contract. The Successful Offeror must include a unique identifying invoice number on each invoice. The County shall pay the Successful Offeror for satisfactory compliance with the Contract within forty-five (45) days after receipt of a proper invoice.

2. The County encourages the Successful Offeror to receive payments via ACH. The County utilizes a third-party payment network powered by Bank of America called Paymode-X. This network allows the County to make ACH payments to vendors without retaining any financial information of that business. If interested, the Successful Offeror should visit https://www.paymode.com/henricocounty to register or for more information. The Successful Offeror should register each payment address where ACH payments will be received. Once registered with Paymode-X, the verification process takes up to two weeks before ACH payments begin. All payments until then are issued via check.

E. Controlling Law and Venue The Contract will be made, entered into, and shall be performed in the County and shall be governed by the applicable laws of the Commonwealth of Virginia without regard to its conflicts of law principles. Any dispute arising out of the Contract, its interpretations, or its performance shall be litigated only in the Henrico County General District Court or the Circuit Court of the County of Henrico, Virginia.

F. Termination by County

1. The County may terminate the Contract for cause or for convenience.

2. Termination for Cause

a. If the Successful Offeror fails to perform the Contract, in whole or in part, the County shall give the Successful Offeror written notice of the default and the opportunity to cure it by a stated deadline.

b. If the Successful Offeror fails to cure its default by the deadline, then the County may terminate the contract, in whole or in part, by providing written notice of termination to the Successful Offeror. The notice of termination shall state the effective date of termination. A partial termination shall set forth the nature and scope of the termination.

c. Unless the notice of termination states otherwise, the Successful Offeror shall stop performing the Contract when it receives the notice of termination.

d. An equitable adjustment in the Contract price shall be made for unpaid services satisfactorily rendered and goods satisfactorily delivered before the date the Successful Offeror receives the notice of termination minus the County’s cost to complete the Successful Offeror’s work. The Successful Offeror shall not be entitled to payment for services rendered or goods delivered after the date the Successful Offeror receives the notice of termination or for reimbursement of any cost the Successful Offeror incurs after the date the Successful Offeror receives the notice of termination. If the County’s cost to complete the Successful Offeror’s work exceeds the unpaid balance due to the Successful Offeror, the County will not owe the Successful Offeror any money; instead, the Successful Offeror shall pay to the County the difference between the unpaid balance due and the County’s cost to complete the work.

e. Unless the parties expressly agree in writing otherwise, the County may transmit notices of default and termination for cause by email, USPS First-Class Mail®, or courier or overnight delivery service. The Successful Offeror shall be deemed to be in receipt of any notice emailed on the day the County sends it. The Successful Offeror shall be deemed to be in receipt of any notice the County sends by USPS First-Class Mail® three business days after the date shown in the postmark. The Successful Offeror shall be deemed to be in receipt of any notice the County sends by courier or overnight delivery service on the date of delivery as confirmed by the courier or overnight delivery service.

f. If the Successful Offeror receives two notices of default, the County shall not be obligated to give the Successful Offeror the opportunity to cure any subsequent defaults but may terminate the contract in accordance with this section.

g. If it is determined that the Successful Offeror knowingly made a false certification in violation of the Responsible Offeror Certification section of this RFP, the County may terminate the contract for cause. In terminating the contract for this cause, the County shall not be obligated to give the Successful Offeror the opportunity to cure.

h. If any act or omission of the Successful Offeror (including the Successful Offeror’s employees, agents, subcontractors, and assigns) arising out of the performance of the contract causes any person to suffer bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, then the County shall not be obligated to give the Successful Offeror the opportunity to cure its default but may terminate the contract in accordance with this section.

i. Any remedies this section affords to the County are non-exclusive, and the County may enforce any remedy available at law or in equity in connection with any default of the Successful Offeror. Termination of the Contract for cause does not relieve the Successful Offeror of liability for damages the County sustains because of the Successful Offeror’s breach.

3. Termination for Convenience

a. The County may terminate the Contract, in whole or in part, whenever the Purchasing Director determines that such termination is in the County’s best interest.

b. The County must give the Successful Offeror written notice of a termination for convenience. The notice must specify the extent to which the Contract is terminated and the effective termination date. The effective termination date shall be at least seven calendar days after the date the County issues the notice of termination for convenience.

c. An equitable adjustment in the Contract price shall be made for unpaid services satisfactorily rendered and goods satisfactorily delivered before the date the Successful Offeror receives the notice of termination. The Successful Offeror shall not be entitled to payment for services rendered or goods delivered after the date the Successful Offeror receives the notice of termination, and the Successful Offeror shall not be entitled to payment for any costs it incurs after the date it receives the notice of termination.

d. Unless the County’s notice specifies otherwise, the Successful Offeror must stop work on the date it receives the notice of termination.

e. Unless the parties expressly agree otherwise, the County may transmit notices of termination for convenience by email, USPS First-Class Mail®, or courier or overnight delivery service. The Successful Offeror shall be deemed to be in receipt of any notice emailed on the day the County sends it. The Successful Offeror shall be deemed to be in receipt of any notice sent by USPS First-Class Mail® three business days after the date shown in the postmark. The Successful Offeror shall be deemed to be in receipt of any notice the County sends by courier or overnight delivery service on the date of delivery as confirmed by the courier or overnight delivery service.

G. Drug-Free Workplace to be Maintained by the Contractor (VA. Code §2.2-4312)

1. During the performance of this Contract, the Contractor agrees to (i) provide a drug-free workplace for the Contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

2. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with the Virginia Public Procurement Act, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

H. Employment Discrimination by Contractor Prohibited

1. Contractor certifies to the County of Henrico, Virginia that it will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act. If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E). During the performance of this Contract, the Contractor agrees as follows (Va. Code § 2.2-4311):

a) The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b) The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer.

c) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

2. The Contractor will include the provisions of the foregoing subparagraphs (a), (b), and (c) in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

I. Employment of Unauthorized Aliens Prohibited As required by Virginia Code §2.2-4311.1, the Contactor does not, and shall not during the performance of this agreement, in the County of Henrico, Virginia knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986.

J. Ethics in Public Contracting Contractor certifies that its proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in connection with its proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

K. Antitrust By entering into a contract, the Successful Offeror conveys, sells, assigns, and transfers to the County of Henrico, Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular services purchased or acquired by the County under the contract.

L. Testing and Inspection The County reserves the right to conduct any test/inspection it may deem advisable to assure services conform to the specifications.

M. Assignment of Contract A contract shall not be assignable by the Successful Offeror in whole or in part without the written consent of the County

N. Indemnification The Successful Offeror agrees to indemnify, defend, and hold harmless the County (including Henrico County Public Schools), and the County’s officers, agents, and employees (“Indemnified Parties”) from any damages, liabilities, and costs, including attorneys’ fees, arising from any claims, demands, actions, or proceedings made or brought against one or more of the Indemnified Parties by any person, including any employee of the Successful Offeror, related to the provision of any services, the failure to provide any services, or the use of any services or materials furnished (or made available) by the Successful Offeror, provided that such liability is not attributable to the sole negligence of the County.

O. Insurance Requirements The Successful Offeror shall maintain insurance to protect itself and the County and the County’s elected officials, officers, agents, volunteers and employees from claims under the Workers' Compensation Act, and from any other claim for damages for personal injury, including death, and for damages to property which may arise from the provision of services under the Contract, whether such services are provided by the Successful Offeror or by any subcontractor or anyone directly employed by either of them. Such insurance shall conform to the Insurance Specifications. (Attachment E).

P. No Discrimination against Faith-Based Organizations The County does not discriminate against faith-based organizations as that term is defined in Va. Code § 2.2-4343.1.

Q. Offeror’s Performance

1. The Successful Offeror agrees and covenants that its agents and employees shall comply with all County, state and federal laws, rules and regulations applicable to the business to be conducted under the Contract.

2. The Successful Offeror shall ensure that its employees shall observe and exercise all necessary caution and discretion so as to avoid injury to person or damage to property of any and all kinds.

3. The Successful Offeror shall cooperate with County officials in performing the Contract work so that interference with the County’s normal operations will be minimalized.

4. The Successful Offeror shall be an independent contractor and shall not be an employee of the County.

R. Ownership of Deliverable and Related Products

1. The County shall have all rights, title, and interest in or to all specified or unspecified interim and final products, work plans, project reports and/or presentations, data, documentation, computer programs and/or applications, and documentation developed or generated during the completion of this project, including, without limitation, unlimited rights to use, duplicate, modify, or disclose any part thereof, in any manner and for any purpose, and the right to permit or prohibit any other person, including the Successful Offeror, from doing so. To the extent that the Successful Offeror may be deemed at any time to have any of the foregoing rights, the Successful Offeror agrees to irrevocably assign and does hereby irrevocably assign such rights to the County.

2. The Successful Offeror is expressly prohibited from receiving additional payments or profit from the items referred to in this paragraph, other than that which is provided for in the general terms and conditions of the Contract.

3. This shall not preclude Offerors from submitting proposals, which may include innovative ownership approaches, in the best interest of the County.

S. Record Retention and Audits

1. The Successful Offeror shall retain, during the performance of the Contract and for a period of five years from the completion of the Contract, all records pertaining to the Successful Offeror’s proposal and any Contract awarded pursuant to this Request for Proposal. Such records shall include but not be limited to all paid vouchers including those for out-of-pocket expenses; other reimbursement supported by invoices, including the Successful Offeror’s copies of periodic estimates for partial payment; ledgers, cancelled checks; deposit slips; bank statements; journals; Contract amendments and change orders; insurance documents; payroll documents; timesheets; memoranda; and correspondence. Such records shall be available to the County on demand and without advance notice during the Successful Offeror’s normal working hours.

2. County personnel may perform in-progress and post-audits of the Successful Offeror’s records as a result of a Contract awarded pursuant to this Request for Proposals. Files would be available on demand and without notice during normal working hours.

T. Severability Each paragraph and provision of the Contract is severable from the entire agreement and if any provision is declared invalid the remaining provisions shall nevertheless remain in effect.

U. Minority-, Woman-, Service Disabled Veteran-Owned, Small Businesses and Employment Services Organizations It is the policy of the County to actively seek out and provide contracting opportunities to minority-, woman-, service disabled veteran-owned, small businesses and employment services organizations in procurement transactions made by the County.

The County strongly encourages all suppliers to respond to Invitations for Bids and Request for Proposals and supports the use of minority, woman-, service disabled veteran-owned, small businesses and employment services organizations for sub-contracting opportunities.

All formal solicitations are posted on the Commonwealth of Virginia eVA and the County’s internet site at http://henrico.us/finance/divisions/purchasing/ and may be viewed under the Bids and Proposals link. Construction related solicitations are located on eVA and County internet sites and on ProcureWare at https://henrico.procureware.com/home.

V. Subcontracts No portion of the work shall be subcontracted without prior written consent of the County. In the event that the Successful Offeror desires to subcontract some part of the work specified in the contract, the Successful Offeror shall furnish the County the names, qualifications, and experience of the proposed subcontractors. The Successful Offeror shall, however, remain fully liable and responsible for the work to be done by his/her subcontractor(s) and shall assure compliance with all the requirements of the Contract.

W. Taxes

1. The Successful Offeror shall pay all County, state, and federal taxes required by law and resulting from the work or traceable thereto, under whatever name levied. Such taxes shall not be in addition to the Contract price between the County and the Successful Offeror because the taxes shall be solely an obligation of the Successful Offeror and not the County, the County shall be held harmless for same by the Successful Offeror.

2. The County is exempt from the payment of federal excise taxes and the payment of state sales and use tax on all tangible, personal property for its use or consumption. Tax exemption certificates will be furnished upon request.

X. Reserved

Y. County License Requirement If a business is located in the County, it is unlawful to conduct or engage in the business without obtaining a business license. If your business is located in the County, include a copy of your current business license with your proposal submission. If your business is not located in the County, include a copy of your current business license with your proposal submission. If you have any questions, contact the Business Section, Department of Finance, County of Henrico, telephone (804) 501-4310.

Z. Environmental Management The Successful Offeror must comply with all applicable federal, state, and local environmental regulations. The Successful Offeror is required to abide by the County’s Environmental Policy Statement: http://henrico.us/pdfs/risk/env_policy.pdf which emphasizes environmental compliance, pollution prevention, continual improvement, and conservation. Employees of the Successful Offeror must be properly trained and have any necessary certifications to carry out environmental responsibilities. The Successful Offeror must immediately communicate any environmental concerns or incidents to the assigned County Project Manager and the County Risk Manager.

AA. Safety

1. The Successful Offeror shall comply with and ensure that the Successful Offeror’s personnel comply with all current applicable local, state and federal policies, regulations and standards relating to safety and health, including, by way of illustration and not limitation, the standards of the Virginia Occupational Safety and Health Administration for the industry. The provisions of all rules and regulations governing safety as adopted by the Safety and Health Codes Board of the Commonwealth of Virginia and issued by the Department of Labor and Industry under Title 40.1 of the Code of Virginia shall apply to all work under the Contract. The Successful Offeror shall provide or cause to be provided all technical expertise, qualified personnel, equipment, tools and material to safely accomplish the work specified and performed by the Successful Offeror.

2. Each job site must have a supervisor who is competent, qualified, or authorized on the worksite, who is familiar with policies, regulations and standards applicable to the work being performed. The supervisor must be capable of identifying existing and predictable hazards in the surroundings or working conditions which are hazardous or dangerous to employees or the public, and is capable of ensuring that applicable safety regulations are complied with, and shall have the authority and responsibility to take prompt corrective measures, which may include removal of the Successful Offeror’s personnel from the work site.

3. In the event the County determines any operations of the Successful Offeror to be hazardous, the Successful Offeror must immediately discontinue such operations upon receipt of either written or oral notice by the County to discontinue such practice.

AB. Authorization to Transact Business in the Commonwealth

1. A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership or other business form must be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law.

2. An Offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 of the Code of Virginia must include in its proposal the identification number issued to it by the State Corporation Commission (Attachment C). Any Offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law must include in its proposal a statement describing why the Offeror is not required to be so authorized.

3. An Offeror described in subsection 2 that fails to provide the required information shall not receive an award unless a written waiver is granted by the Purchasing Director, his designee, or the County Manager.

4. Any falsification or misrepresentation contained in the statement submitted by the Offeror pursuant to Title 13.1 or Title 50 of the Code of Virginia may be cause for debarment by the County.

5. Any business entity described in subsection 1 that enters into a contract with a public body must not allow its existence to lapse or allow its certificate of authority or registration to transact business in the Commonwealth if so required by Title 13.1 or Title 50 of the Code of Virginia to be revoked or cancelled at any time during the term of the contract.

AC. Payment Clauses Required by Va. Code §2.2-4354

1. In the event that the Successful Offeror has not received payment from the County for work performed by a subcontractor under a construction contract, the Successful Offeror shall be liable for the entire amount owed to such subcontractor and to pay such subcontractor within 60 days of the receipt of an invoice following satisfactory completion of the work for which the subcontractor has invoiced. The Successful Offeror shall not be liable for amounts otherwise reducible due to the subcontractor's noncompliance with the terms of the contract. However, in the event that the Successful Offeror withholds all or a part of the amount invoiced by the subcontractor under the terms of the contract, the Successful Offeror shall notify the subcontractor within 50 days of the receipt of such invoice, in writing, of his intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment, specifically identifying the contractual noncompliance, the dollar amount being withheld, and the lower-tier subcontractor responsible for the contractual noncompliance. Payment by the party contracting with the Successful Offeror shall not be a condition precedent to payment to any lower-tier subcontractor, regardless of the Successful Offeror’s receiving payment for amounts owed to that contractor.

2. The Successful Offeror awarded the contract for this project shall take one of the two following actions within seven (7) days after the receipt of amounts paid to the Successful Offeror by the County for work performed by the Successful Offeror's subcontractor(s) under the contract:

a. Pay the subcontractor(s) for the proportionate share of the total payment received from the County attributable to the work performed by the subcontractor(s) under the contract; or

b. Notify the County and subcontractor(s), in writing, of the Successful Offeror’s intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment.

3. Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent (1%) per month.

4. The Successful Offeror shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor(s).

5. The Successful Offeror's obligation to pay an interest charge to a subcontractor(s) pursuant to the payment clause in this section shall not be construed to be an obligation of the County. A contract modification shall not be made for the purpose of providing reimbursement for such interest charge and a cost reimbursement claim shall not include any amount for reimbursement for such interest charge.

AD. Contract Period

1. The initial contract period shall be for a two year period. Contract prices shall remain firm for the contract period.

2. The contract may be renewed for 2 additional two-year periods upon the sole discretion of the County at a price not to exceed 3% above the previous year's prices unless written approval is given by the Purchasing Director.

3. The Successful Offeror shall give at least a 90 days’ written notice to the County for any price increases and/or if it does not intend to renew the contract at any annual renewal.

4. The contract shall not exceed a maximum of 6 years.

AE. Non-Exclusive Contract Nothing in this Request for Proposal constitutes an offer or promise to purchase any goods or services exclusively from the Successful Offeror. The County reserves the right to purchase goods and services similar to, or the same as, the goods and services that are subject to this Request for Proposal from other sources.

AF. Occupational Safety & Health Policy Statement The Successful Offeror must comply with all applicable federal, state, and local occupational safety and health standards. The Successful Offeror is required to abide by the County’s Occupational Safety & Health Policy Statement: https://henrico.us/pdfs/risk/h_safety_policy.pdf which emphasizes maintaining a safe and healthy work environment for all employees, volunteers, and contractors who access County property and locations. The Successful Offeror must be properly trained and have any necessary certifications to carry out occupational safety and health policy responsibilities. The Successful Offeror must immediately communicate any concerns or incidents to the assigned County Project Manager and the County Risk Manager.

AG. Tobacco – Free Requirement County Public Schools (“HCPS”) has a tobacco-free policy on school property. Therefore, the use or display of tobacco products by the Contractor, its suppliers and/or subcontractors on school property is strictly prohibited at all times, including days and/or hours when school is not in session. This includes, but is not limited to, outdoor areas of school properties and personal or business vehicles present on school property.

“Tobacco products” include any lit or unlit cigarette (including candy cigarettes), cigar, pipe, smokeless tobacco, dip, chew, and snuff in any form. This includes electronic cigarettes, cigarette packages, smokeless tobacco containers, lighters, and any other items containing or reasonably resembling tobacco, tobacco product images and tobacco company logos, such as key chains, t-shirts, ash trays, and coffee mugs.

“School property” includes land, buildings, facilities, and vehicles owned or rented by HCPS. School property includes parking lots, playgrounds and recreational areas.

AH. Service Accessibility Pursuant to the award of the contract and as soon as practicable but not later than September 1, 2019, the Successful Offeror shall confirm that all online content and/or web-based functionality provided is accessible to individuals with disabilities except where doing so would impose a fundamental alteration or undue burden. Accessibility will be measured according to the W3C's Web Content Accessibility Guidelines (WCAO) 2.0 Level AA and the Web Accessibility Initiative Accessible Rich Internet Applications Suite (WAI-ARIA) 1.0 techniques for web content, which are incorporated by reference.

II. Cooperative Procurement (County of Henrico only) It is the intent of this solicitation and resultant contract to allow for cooperative procurement by public bodies and constitutional officers in the County of Henrico, Virginia. Accordingly, the County of Henrico, Virginia, the County School Board of the County of Henrico, Virginia, the Henrico Area Mental Health & Developmental Services Board, the Henrico County Economic Development Authority, the Henrico Sports & Entertainment Authority, the Henrico County Sheriff, and the Henrico County Commonwealth’s Attorney may access any resulting contract if authorized by the contractor. Moreover, any organization for which the County of Henrico, Virginia serves as fiscal agent may access any resulting contract if authorized by the contractor.

Participation in this cooperative procurement is strictly voluntary. If authorized by the contractor, the resultant contract will be extended to the entities indicated above to purchase services in accordance with the contract’s terms and conditions. As a separate contractual relationship, the participating entity will place its own orders directly with the contractor and must fully and independently administer its use of the contract to include contractual disputes, invoicing, and payments. No modification of this contract or execution of a separate agreement is required to participate; however, the participating entity and the contractor may modify the terms and conditions of the contract to accommodate specific governing laws, regulations, policies, and business goals required by the participating entity. Any such modification will apply solely between the participating entity and the contractor. One user will not be held liable for any costs or damages incurred by any other participating entity because of any authorization by the contractor to extend the contract.