In-Home Services for Seniors and Their Caregivers (Three (3) Year Multiyear Contract)

Department of Purchasing and Contracting Maloof Administration Building, 1300 Commerce Drive, 2nd Floor, Decatur, Georgia 30030 March 27, 2023 REQUEST FOR PROPOSALS (RFP) No. 23-500644 FOR IN-HOME SERVICES FOR SENIORS AND THEIR CAREGIVERS (THREE (3) YEAR MULTIYEAR CONTRACT) DEKALB COUNTY, GEORGIA Procurement Agent: Kyheem Bristol Email: Kbristol@dekalbcountyga.gov Mandatory DeKalb First LSBE Meeting: (Responders must attend 1 meeting on either of the dates listed.) Wednesdays, March 29, 2023 or April 5, 2023 Meetings are held at 10:00 a.m. and 2:00 p.m.) For attendance instructions, utilize the following link: https://www.dekalbcountyga.gov/purchasing- contracting/dekalb-first-lsbe-program Mandatory Pre-Proposal Conference: Tuesday, April 4, 2023 at 2:00 P.M. EST Via Zoom:

href="https://dekalbcountyga.zoom.us/j/85496977301" target="_blank">https://dekalbcountyga.zoom.us/j/85496977301 Deadline for Submission of Questions: 5:00 PM (EST) April 7, 2023 Deadline for Receipt of Proposals: 3:00 PM (EST) April 27, 2023 THE RESPONSIBILITY FOR SUBMITTING A RESPONSE TO THIS RFP TO THE DEPARTMENT OF PURCHASING AND CONTRACTING OF DEKALB COUNTY GOVERNMENT ON OR BEFORE THE STATED DATE AND TIME WILL BE SOLELY AND STRICTLY THE RESPONSIBILITY OF THE RESPONDER. https://www.dekalbcountyga.gov/purchasing-contracting/dekalb-first-lsbe-program https://www.dekalbcountyga.gov/purchasing-contracting/dekalb-first-lsbe-program RFP NO. 23-500644 Page 2 of 61 TABLE OF CONTENTS Section Page I. Purpose ........................................................................................................... 3 II. Introduction .................................................................................................... 3 III. Scope of Work ............................................................................................... 4 IV. Proposal Format ............................................................................................. 4 A. Cost Proposal ............................................................................................ 4 B. Technical Proposal .................................................................................... 5 C. DeKalb First Ordinance ............................................................................ 8 D. Federal Work Authorization Program ....................................................... 8 V. Criteria for Evaluation ................................................................................... 9 VI. Contract Administration ................................................................................. 9 A. Standard County Contract ....................................................................... 10 B. Submittal Instructions ............................................................................. 10 C. Pre-Proposal Conference ......................................................................... 10 D. Questions ................................................................................................. 10 E. Acknowledgement of Addenda ............................................................... 10 F. Proposal Duration .................................................................................... 11 G. Project Director/Contract Manager ......................................................... 11 H. Expenses of Preparing Responses to this RFP ........................................ 11 I. Georgia Open Records Act ...................................................................... 11 J. First Source Jobs Ordinance .................................................................... 11 K. Business License .................................................................................... 12 L. Ethic Rules ............................................................................................... 12 M. Right to Audit ......................................................................................... 12 N. Cooperative Agreement .......................................................................... 13 VII. Award of Contract ........................................................................................ 13 VIII. List of Attachments ...................................................................................... 14 Attachment A. Scope of Work.................... ......................................................... 15 Attachment B. Cost Proposal ................................................................................... 20 Attachment C. Contractor Affidavit ........................................................................ 22 Attachment D. Subcontractor Affidavit ................................................................... 23 Attachment E. Sub-subcontractor Affidavit ............................................................ 24 Attachment F. Contractor Reference and Release Form. ........................................ 25 Attachment G. Subcontractor Reference and Release Form ................................... 26 Attachment H. DeKalb First LSBE Information ......................................................27 Attachment I. First Source Jobs Ordinance Information and Exhibits ................... 36 Attachment J. Sample County Contract .................................................................. 40 Attachment K. Exceptions to the Standard County Contract (if any) ...................... 60 Attachment L. Proposal Cover Sheet ....................................................................... 61 RFP NO. 23-500644 Page 3 of 61 I. PURPOSE DeKalb County Government (the County) seeks qualified and experienced firms to submit proposals in response to Request For Proposals (RFP) No. 23-500644 In-Home Services for Seniors and Their Caregivers (Three (3) Year Multiyear Contract) for the provision of In- Home Services (homemaker, personal care, and in-home respite) for Non-Medicaid Home and Community Based Services (HCBS). Services will be provided to identified seniors living in DeKalb County, Georgia. II. INTRODUCTION A. Purpose The purpose of this Request for Proposals (RFP) is to obtain qualified respondents capable of providing in-home services (homemaker, personal care, and respite care) for seniors living in DeKalb County, Georgia. The successful Responder(s) will provide in-home services to seniors not being serviced under the current contract. The provision of these services will maintain and strengthen the capacity of functionally impaired individuals who would otherwise be unable to care adequately for themselves because of difficulty with certain Activities of Daily Living (ADLs) and certain Instrumental Activities of Daily Living (IADLs). All contracts resulting from this RFP are contingent upon the actual availability of funds from the Georgia Department of Human Services (DHS), Division of Aging Services (DAS), the Atlanta Regional Commission (ARC) and DeKalb County Board of Commissioners (BOC). B. Overview The DeKalb County Office of Aging (OOA) is the designated County Based-Aging Agency (CBA) for the administration, coordination, and implementation of the Older American Act (OAA) program and services. In this role, the Office of Aging (OOA) is responsible for maintaining a coordinated aging services delivery system for the senior residents of DeKalb County, Georgia. Its mission is to ensure the provision of quality services that promote the highest level of independence and quality of life for seniors. The DeKalb County Office of Aging (OOA) enhances the welfare of the County’s seniors by providing an array of health and social support services that can assist seniors to age in place within their communities for as long as possible. Specifically, the Office of Aging ensures the provision and oversight of senior centers, a congregate and home delivered meal program, transportation services, case management, and in-home services. According to 2020 census statistics, there are approximately 126,466 seniors aged 60 years and older living in DeKalb County, Georgia. This number represents approximately 17% of the county’s total population. DeKalb County has the third largest senior population in the state of Georgia. As the Atlanta metro population continues to age, the DeKalb County Office of Aging (OOA) anticipates that there will be an increase in the need at the local level for in-home supports and services that will assist seniors with aging in place in their own homes and communities for as long as possible. RFP NO. 23-500644 Page 4 of 61 C. The following Required Documents Checklist includes a list of attachments which are requested to be completed and returned with Responder’s Technical Proposal: Required Documents Attachment Cost Proposal Form (1 copy, separate & sealed)* (do not include costs) B Contractor Affidavit* C Subcontractor Affidavit** D Sub-subcontractor Affidavit E Contractor Reference and Release Form* F Subcontractor Reference and Release Form (make additional copies as needed)** G DeKalb First LSBE Information – Exhibits 1 and 2* H First Source Jobs Ordinance Acknowledgement Form* I, Exhibit 1 New Employee Tracking Form I, Exhibit 2 Exceptions to the Standard County Contract, if any K Proposal Cover Sheet* L Business License - Private Home Care Provider License for Georgia* *Failure to return these attachments with your proposal will render your proposal non-responsive. III. SCOPE OF WORK Contractor shall provide services as defined in Attachment A, Scope of Work, attached hereto and included herein by reference. IV. PROPOSAL FORMAT Proposals shall not exceed thirty (30) single-sided pages in length. Cover pages, fly sheets, dividers, samples and required documents will not count towards the page limit. Responders are required to submit their proposals in the following format: A. COST PROPOSAL 1. The Cost Proposal shall be submitted on the Cost Proposal Form, Attachment B, in a separate, sealed envelope with the Responder’s name and “Cost Proposal for Request for Proposals No. 23-500644 In-Home Services for Seniors and Their Caregivers (Three (3) Year Multiyear Contract) on the outside of the envelope. Responder shall not alter the Cost Proposal Form in any manner or provide pricing other than what is requested/outlined on the Cost Proposal Form. 2. The sealed envelope containing the Cost Proposal is requested to be included in the sealed package containing the Technical Proposal. RFP NO. 23-500644 Page 5 of 61 3. DO NOT INCLUDE FEES OR COSTS IN ANY AREA OUTSIDE OF THE COST PROPOSAL. Including fees in any area outside of the Cost Proposal in its separate, sealed envelope may result in Responder’s proposal being deemed non- responsive. B. TECHNICAL PROPOSAL 1. Responders should complete Attachment L, Proposal Cover Sheet, and include this as the first page of the Technical Proposal, followed by the Introduction, Technical Approach, Project Management, Personnel, Organizational Qualifications, Financial Statements, References, and the remaining required documents (see Section II.C. for the list of required documents). To ensure that all requested information is captured in the proposal, Responder should use the format as provided below to respond to this RFP. The Technical Proposal shall not contain any cost information, or the proposal will be deemed non-responsive. 2. Introduction: Provide general information about your company to include: a. Firm name and address b. Former firm names, joint venture information, out of state offices, as applicable c. How many years the firm has operated under the current company name d. A statement of which office shall handle the project, if multiple offices exist e. A clear and concise response as to why the County should select your firm for this project f. A list of any litigations, arbitrations, or mediations in which the firm has been involved in the past five (5) years involving claims for more than $50,000 made by a County against the firm or by the firm against the County, and indicate the disposition of each claim, the name of the County, and the nature of the claim g. A statement of whether the firm has been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government h. A statement that the proposal shall remain in effect for and not be withdrawn for one-hundred twenty (120) days after the due date to the County. RFP NO. 23-500644 Page 6 of 61 3. Technical Approach: Responders are required to describe the procedures and methods that shall be used to achieve the required outcomes of the project as specified herein. This section shall include the following information in the order listed: a. A detailed narrative must be provided addressing each of the following: i. Explain how homemaker, personal care, and respite care services will be provided. ii. Describe the respondents staff plan and staff recruitment plan to meet the requirements of this RFP. iii. Describe staff scheduling process and describe method for handling alternate scheduling needs to maintain service delivery in the event of expected or unexpected staff absences. iv. Describe Responder’s policies and procedures that ensure services will be delivered in accordance with Client Service Plans in compliance with state and federal regulations, to include mandatory reporting of suspected abuse, neglect and/or exploitation. v. Describe how Responder will resolve client issues effectively and in a timely manner. vi. Describe methods to be used to provide services to clients with Limited English Proficiency and/or clients with vision or hearing impairments vii. Identify any proposed subcontractors. Indicate the exact nature of work, amount of work, and cost of work to be done by each proposed subcontractor. Include a statement from each proposed subcontractor, signed by an individual authorized to legally bind the subcontractor, and stating:  The general scope of work to be performed by the subcontractor;  The subcontractor’s willingness to perform the work indicated; and  That the subcontractor does not discriminate in its employment practices with regard to race, religion, age (except as provided by law), sex, marital status, sexual orientation, political affiliation, national origin, or disability. b. Provide an outline of Responder’s Quality Assurance Plan. The plan should be designed to ensure that quality services are provided in a safe and effective manner. c. Technology and Ability to Meet Reporting Requirements: provide a detailed narrative that addresses the following: i.Describe Responder’s capacity for and use of technology, both in agency administration and service delivery. ii.Describe Responder’s plan for maintaining adequate hardware, software, etc. iii.Indicate person(s) responsible for data validation, data entry, and reporting. 4. Project Management: This section shall include the following information in the order listed: a. Describe how Responder provides new staff orientation and training and provide an outline of the orientation schedule and topics; b. Describe Responder’s plan for conducting ongoing staff training including topics and number of training sessions to be held; c. Describe method Responder will use to determine the training needs of staff and/or RFP NO. 23-500644 Page 7 of 61 volunteers; d. Describe the agency’s staff recruiting practices and retention strategies. Indicate the annual staff turnover rate from the most recent fiscal year; e. Describe how the respondent will manage staff retention to ensure balanced caseloads and compliance; f. Describe policy or procedures concerning client confidentiality; g. Describe how Responder will ensure the quality of the services to clients; h. Describe how Responder will determine the client’s satisfaction with services; and i. Include the anticipated use of subcontractors/vendors. 5. Personnel: This section shall include the following information in the order listed: a. Identify the number of paid full-time equivalents (FTEs) by job titles (CNAs, LPNs, RNs, etc.) that will be devoted to this project; b. Provide an organizational chart which clearly identifies current staffing; c. Discuss Responder’s policy regarding criminal background checks and drug screening of new and current employees; and d. Provide Responder’s administrative office hours and location(s). Provide any other pertinent information regarding administrative and service delivery site(s) 6. Organizational Qualifications: This section shall include a concise overview of the Responder’s experience with similar projects and why the Responder is best suited to meet the County’s need for in- home services (homemaker, personal care, and in-home respite) for seniors. a. Describe compliance with Georgia’s licensure requirements for private home care providers, as well as provide information regarding plans to maintain licensure under the Rules and Regulations of the State of Georgia as found at http://dch.georgia.gov/sites/dch.georgia.gov/files/related_files/document/111-8- 65_Final_Rule_February_2013_Web.pdf. Provide proof of current licensure. b. Describe the experience, qualifications, and capability of the Responders’ staff to provide effective services that will meet the program standards; c. Explain the Responder’s background and describe Responder’s capacity to provide in-home services responsibly and effectively to seniors. Address sustainability and the qualifications of the Responder’s organization to provide the proposed services; and d. Describe how Responder will interface with the DeKalb County Office of Aging to effectively resolve issues related to service delivery and clients. 7. Financial Responsibility: a. Provide the Responder’s year of incorporation along with financial information. b. Provide financial statements for the last three (3) years that evidences the Responder’s financial capabilities to perform the Scope of Work. (Audited statements are preferable but a minimum of balance sheet, income statement and cash flow statement may be accepted.) RFP NO. 23-500644 Page 8 of 61 8. References: a. Provide the names of three (3) clients for whom your business currently provides the same scope of services described within this document using the Contractor Reference and Release Form attached hereto as Attachment F. Include the name of the business, the name of a contact person, phone number, address, email address and weblinks to deliverables produced for those clients. b. Provide three (3) references for each subcontractor proposed as part of the project team. The references shall be for the same or similar types of services to be performed by the subcontractor (including LSBE-DeKalb and LSBE-MSA firms) on projects similar in size and scope to the anticipated subcontract to the project outlined in this RFP. Use Attachment G, Subcontractor Reference and Release Form. Make additional copies as needed. 9. Technical Proposals shall be submitted in a sealed envelope(s) or box(es) with Responder’s name and “Request for Proposals No. 23-500644 In-Home Services for Seniors and Their Caregivers (Three (3) Year Multiyear Contract) on the outside of each envelope or box. DO NOT INCLUDE ANY COSTS OF ANY KIND IN THE TECHNICAL PROPOSAL. C. DEKALB FIRST ORDINANCE 1. It is the objective of the Chief Executive Officer and Board of Commissioners of DeKalb County to provide maximum practicable opportunity for all businesses to participate in the performance of government contracts. The current DeKalb County List of Certified DeKalb First Local Small Business Enterprise (LSBE) Vendors may be found on the DeKalb County website. 2. It is required that all Responders attend the mandatory LSBE meeting within two- weeks of the solicitation’s advertisement, and comply with, complete and submit all LSBE forms (Attachment H, DeKalb First LSBE Information with Exhibits 1 and 2) with the proposal in order to remain responsive. Attendance can be in person, via video conference and teleconference. Instructions for attendance via video/teleconference can be found on the County’s website at https://www.dekalbcountyga.gov/purchasing-contracting/dekalb-first-lsbe-program. 3. For further details regarding the DeKalb First Local Small Business Enterprise Ordinance, contact our LSBE Program representatives at DeKalbFirstLSBE@dekalbcountyga.gov . D. FEDERAL WORK AUTHORIZATION PROGRAM CONTRACTOR AND SUBCONTRACTOR EVIDENCE OF COMPLIANCE All qualifying Responders and subcontractors performing work with DeKalb County, Georgia must register and participate in the Federal work authorization program to verify the work eligibility information of new employees. Successful Responder(s) shall be required to register and participate in the Federal work authorization program, which is a part of Attachment J, Sample County Contract. Attachment C, Contractor Affidavit, should be completed and submitted with the Responder’s proposal. mailto:DeKalbFirstLSBE@dekalbcountyga.gov mailto:DeKalbFirstLSBE@dekalbcountyga.gov RFP NO. 23-500644 Page 9 of 61 V. CRITERIA FOR EVALUATION The following evaluation criteria with maximum points stated below will be used as the basis for the evaluation of proposals: A. COST PROPOSAL (10 POINTS) B. TECHNICAL PROPOSAL (80 POINTS): 1. Technical Approach (25 points) 2. Project Management (15 points) 3. Personnel (10 points) 4. Organizational Qualifications (20 points) 5. Financial Responsibility (5 points) 6. References (5 points) C. LOCAL SMALL BUSINESS ENTERPRISE PARTICIPATION (2, 5, OR 10 POINTS) D. INTERVIEWS (10 POINTS) – BONUS The County reserves the right to conduct optional interviews with all Responders or a short- listed group of Responders. The Evaluation Committee may award a maximum of ten (10) points to each Responder selected. If the County determines that it is in its best interest to develop a short list of Responders, it shall be based on the following calculation: Highest Responder Score – 10 points = Short-listed Score (Example: 91 – 10 = 81. Any responder with a score of 81 or greater would be short-listed.) Responders selected to interview will be contacted in advance for scheduling. VI. CONTRACT ADMINISTRATION A. STANDARD COUNTY CONTRACT The attached sample contract is the County’s standard contract document (see Attachment J), which specifically outlines the contractual responsibilities. All Responders should thoroughly review the document prior to submitting a proposal. Any proposed revisions to the terms or language of this document must be submitted in writing with the Responder’s response to the request for proposals and clearly identified as “Exceptions to the County’s Standard Contract.” Since proposed revisions may result in a proposal being rejected if the revisions are unacceptable to the County, responders should review any proposed revisions with an officer of the firm having authority to execute the contract. No alterations can be made in the contract after award by the Board of Commissioners. B. SUBMITTAL INSTRUCTIONS 1. One (1) original Technical Proposal stamped “Original”, and one (1) identical copies, and one (1) unlocked USB flash drive containing an identical copy, of the Technical Proposal ONLY (do not include costs); and one (1) original Cost Proposal (see RFP NO. 23-500644 Page 10 of 61 Section IV. A. for additional instructions regarding submittal of Cost Proposal), must be submitted to the following address no later than 3:00 PM ET on April 27, 2023 DeKalb County Department of Purchasing and Contracting Maloof Administration Building 1300 Commerce Drive, 2nd Floor Decatur, Georgia 30030 2. Proposals must be clearly identified on the outside of the packaging with the Responder’s name and “Request for Proposals No. 23-500644 for In-Home Services for Seniors and Their Caregivers (Three (3) Year Multiyear Contract)” on the outside of the envelope(s) or box(es). C. MANDATORY PRE-PROPOSAL CONFERENCE A Mandatory Pre-Proposal Conference will be held at 2:00 p.m. on April 4, 2023 via Zoom at the following link: https://dekalbcountyga.zoom.us/j/85496977301. Responders must attend and participate in the pre-proposal conference to be considered. Failure to attend will render the proposal non-responsive. For more information, email Kyheem Bristol, Procurement Agent, at kbristol@dekalbcountyga.gov. D. QUESTIONS All questions concerning this RFP and requests for interpretation of the Contract may be asked and answered during the pre-proposal conference; however, oral answers are not authoritative. Questions must be submitted to Kyheem Bristol, Procurement Agent, at kbristol@dekalbcountyga.gov by the 5:00 p.m. on April 4, 2023. Questions and requests for interpretation received by the Department of Purchasing and Contracting after this date may not receive a response or be the subject of addenda. E. ACKNOWLEDGEMENT OF ADDENDA Addenda may be issued in response to changes in the RFP. It is the responsibility of the Responder to ensure awareness of all addenda issued for this solicitation. Please acknowledge the addenda and submit to the Department of Purchasing and Contracting as requested. The Responder may send an email to kbristol@dekalbcountyga.gov. to verify the number of addenda prior to submission. Addenda issued for this project may be found on DeKalb County’s website, https://www.dekalbcountyga.gov/purchasing-contracting/bids-itb-rfps. mailto:kbristol@dekalbcountyga.gov RFP NO. 23-500644 Page 11 of 61 F. PROPOSAL DURATION Proposals submitted in response to this RFP shall be valid for a period of one hundred twenty (120) days from the proposal submission deadline and must be so marked. G. PROJECT DIRECTOR/CONTRACT MANAGER The County will designate a Project Director/Contract Manager to coordinate this project for the County. The successful Responder will perform all work required pursuant to the contract under the direction of and subject to the approval of the designated Project Director/Contract Manager. All issues including, payment issues, shall be submitted to the Project Director/Contract Manager for resolution. H. EXPENSES OF PREPARING RESPONSES TO THIS RFP The County accepts no responsibility for any expenses incurred by the Responders to this RFP. Such expenses are to be borne exclusively by the Responders. I. GEORGIA OPEN RECORDS ACT Without regard to any designation made by the person or entity making a submission, DeKalb County considers all information submitted in response to this invitation or request to be a public record that will be disclosed upon request pursuant to the Georgia Open Records Act, O.C.G.A. §50-18-70 et seq., without consulting or contacting the person or entity making the submission, unless a court order is presented with the submission. Responder may wish to consult an attorney or obtain legal advice prior to making a submission. J. FIRST SOURCE JOBS ORDINANCE 1. The DeKalb County First Source Jobs Ordinance requires contractors or beneficiaries entering into any type of agreement with the County, including purchase orders, regardless of what they may be called, for the procurement or disposal of supplies, services, construction projects, professional or consultant services, which is funded in whole or part with County funds or County administered funds in which the contractor is to receive $50,000 or more in County expenditures or committed expenditures and recipient of urban redevelopment action grants or community development block funds administered in the amount of $50,000 or more make a good faith effort to hire DeKalb County residents for at least 50% of jobs using the First Source Registry (candidate database). The work to be performed under this contract is subject to the provisions of the DeKalb County First Source Jobs Ordinance. Please complete the First Source Jobs Ordinance Acknowledgement and New Employee Tracking Form included as Attachment I, First Source Jobs Ordinance (with Exhibits 1-4) and submit with the RFP NO. 23-500644 Page 12 of 61 Responder’s proposal. 2. For more information on the First Source Jobs Ordinance requirement, please contact WorkSource DeKalb at www.worksourcedekalb.org . K. BUSINESS LICENSE Upon contract award, the successful Responder shall submit a copy of its valid company business license. If the Responder is a Georgia corporation, Responder shall submit a valid county or city business license. If the Responder is not a Georgia corporation, Responder shall submit a certificate of authority to transact business in the state of Georgia and a copy of its valid business license issued by its home jurisdiction. If Responder holds a professional certification which is licensed by the state of Georgia, then Responder shall submit a copy of its valid professional license. Any license submitted in response to this requirement shall be maintained by the Responder for the duration of the contract. L. ETHICS RULES 1. Responders are subject to the Ethics provision within the DeKalb County Purchasing Policy; the Organizational Act, Section 22A, the Code of DeKalb County; and the rules of Executive Order 2014-4. Any violations will be addressed, pursuant to these policies and rules. 2. To the extent that the Organizational Act, Section 22A, the Code of DeKalb County, and the rules of Executive Order 2014-4 allow a gift, meal, travel expense, ticket, or anything else of value to be purchased for a CEO employee by a contractor doing business with the County, the contractor must provide written disclosure, quarterly, of the exact nature and value of the purchase to the Chief Integrity Officer, if created, or the Finance Director or his/her designee. Every contractor conducting business with the County will receive a copy of these ethical rules at the time of execution of the contract. M. RIGHT TO AUDIT 1. The County shall have the right to audit all books and records, including electronic records, relating or pertaining to this contract or agreement, including but not limited to all financial and performance related records, property, and equipment purchased in whole or in part with County funds and any documents or materials which support those records, kept under the control of the Contractor, including but not limited to those kept by the Contractor's employees, agents, assigns, successors and subcontractors. The County also has the right to communicate with Contractor's employees related to the audited records. http://www.dekalbworkforce.org/ RFP NO. 23-500644 Page 13 of 61 2. The Contractor shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this contract and for seven (7) years after termination or expiration, including any and all renewals thereof. The books and records, together with supporting documents and materials shall be made available, upon request to the County or its designee, during normal business hours at the Contractor's office or place of business. In the event that no such location is available, then the books, records, and supporting documents shall be made available for audit at a time and location which is convenient for the County. N. COOPERATIVE PROCUREMENT The County through the Department of Purchasing and Contracting may permit piggybacks to this contract from another city, county, local authority, agency, or board of education if the vendor will extend the same prices, terms and conditions to the entity. Piggybacking shall only be available where competition was used to secure the contract and only for a period of twelve (12) months following entry, renewal or extension of the contract. This provision shall not apply to any contract where otherwise prohibited or mandated by state law. VII. AWARD OF CONTRACT A. An evaluation committee will review and rate all proposals and shall determine if interviews are necessary. B. If interviews are conducted, firms will be scheduled for an oral presentation to the evaluation committee, not to exceed one hour’s duration, to respond to questions from the evaluation committee relevant to the firm’s proposal. C. The evaluation committee will make its recommendation for award to the DeKalb County Board of Commissioners, who will make the final decision of contract award. D. All contract awards will be considered provisional pending receipt of any additional documentation regarding administrative qualifications and/or any other areas of concern and the successful completion of contract negotiations. E. The County reserves the right to make one (1) award or multiple awards, to reject any and all proposals, to waive informalities, and to re-advertise. Sincerely, Kyheem Bristol Procurement Agent Department of Purchasing and Contracting RFP NO. 23-500644 Page 14 of 61 VIII. LIST OF ATTACHMENTS Attachment A: Scope of Work Attachment B: Cost Proposal Attachment C: Contractor Affidavit Attachment D: Subcontractor Affidavit Attachment E: Sub-subcontractor Affidavit Attachment F: Contractor Reference and Release Form Attachment G: Subcontractor Reference and Release Form Attachment H: DeKalb First LSBE Information Attachment I: First Source Jobs Ordinance Information with Exhibits 1-4 Attachment J: Sample County Contract Attachment K: Exceptions to the Standard County Contract (if any) Attachment L: Proposal Cover Sheet RFP NO. 23-500644 Page 15 of 62 ATTACHMENT A SCOPE OF WORK The selected Responder (hereinafter referred to as Provider) shall provide services as stated herein and have a proven record for successfully performing the services listed. I. OVERVIEW: DeKalb County Government (the County) requests qualified and experienced firms to submit proposals in response to RFP No. 23-500644 for In-Home Services for Seniors and Their Caregivers (Three (3) Year Multiyear Contract) for the provision of In-Home Services (homemaker, personal care, and in-home respite) for Non-Medicaid Home and Community Based Services (HCBS). Services will be provided to identified seniors that live in DeKalb County, Georgia. II. QUALIFICATIONS REQUIRED OF THE CONTRACTOR IN ORDER TO SUBMIT A PROPOSAL: A. The selected Provider(s) must be a licensed Private Home Care Provider with a minimum of four (4) years of experience providing in-home services to older adults, caregivers and/or individuals with disabilities. B. Estimation of Services: 1.) Table 1. Estimated Number of People to Be Served 2.) Table 2. Estimated Number of Units to Be Provided Service SFY 2023 Estimated Units (hours) SFY 2024 Estimated Units (hours) SFY 2025 Estimated Units (hours) Personal Care 3137 3231 3328 Homemaker 3952 4071 4193 Respite 3000 3100 3193 III. EXPLANATION OF SERVICES A. Description of Tasks: The selected respondent must demonstrate compliance with all applicable licensure requirements for Private Home Care Providers under the Rules and Regulations of the State of Georgia as found at section 111-8-65.10 and must be able to deliver all three (3) of the Service SFY 2023 Estimated Persons SFY 2024 Estimated Persons SFY 2025 Estimated Persons Personal Care 40 45 50 Homemaker 52 58 65 Respite 30 38 44 RFP NO. 23-500644 Page 16 of 62 following services 1) personal care, 2) homemaker, and 3) in-home respite care. All tasks must be planned and provided with input from each consumer, based upon the assessment of the consumers’ needs, degree of functional impairment, current support system and remaining capacity for self-care and self-sufficiency. In addition, all tasks must align with the domains of the consumers’ impairment and essential components as indicated by the Care Plan. 1. Personal Care Tasks Include: Providing assistance with activities related to the care of the consumers’ physical health such as dressing and undressing, bathing, shaving, dental care and oral hygiene, grooming, toileting, self-administration of medication, transferring, mobility in and around the home and eating. 2. Homemaker Tasks Include: Housekeeping and home management activities such as cleaning, vacuuming, sweeping, mopping, dusting, laundry, ironing and mending clothes, washing, drying and storing dishes, bagging garbage, making beds and changing linens (while consumer is out of bed), shopping for household essentials, assisting in organizing household routines, performing necessary reading and writing tasks (if requested and indicated by consumers inability to read) and performing essential errands; Meal preparation activities such as assisting in planning meals, preparing and serving meals and using sanitary practices for handling, preparing and storing food; Escort Assistance activities such as accompanying a client on trips to obtain healthcare services or other necessary items and services and Client Education activities such as instructing consumers in ways to become self-sufficient in performing household task, when appropriate and beneficial. 3. Respite Tasks Include: Helping the care receiver with activities which require no special qualifications/training, such as providing companionship, supervision, light housekeeping, social or leisure activities, or simple meal preparation (cooking or reheating). Helping with activities of daily living for which special qualifications/training is required, but for which a licensed health practitioner is not required, including personal care, lifting, turning, transferring, providing reminders for and assistance with self-administration of medications. The specific daily tasks for the selected provider will include: a) Oversight and management of qualified staff persons that will travel to consumer’s place of residence on a pre-determined schedule and assist clients with personal care services (eating, bathing, dressing, grooming, mobility in and around the house, transferring, self-administration of medication, and toileting). b) Oversight and management of qualified staff persons that will travel to consumer’s place of residence and provide homemaker services (cleaning, vacuuming, sweeping, mopping, dusting, laundry, washing, drying and storing dishes, bagging and placing garbage in collection containers, making beds and changing linens, performing necessary reading and writing tasks, performing essential errands). c) Oversight and management of qualified staff persons that will travel to consumer’s place of residence on a pre-determined schedule and provide caregivers with respite services. During respite, the identified staff person will attend to the needs of the care receiver in the same manner as the primary caregiver. RFP NO. 23-500644 Page 17 of 62 d) Documentation and File Management for all clients served. The selected provider must maintain a separate file for each participant, containing all written records pertaining to the services provided and in compliance with DHS/DAS Manual 5300, Section 208. B. Anticipated Outcomes of Tasks: The selected respondent(s) must ensure that their services achieve the following outcomes: 1. Quality homemaker, personal care, & respite services are provided at a reasonable cost. 2. Staff persons demonstrate sensitivity to clients’ and caregivers’ special needs, including nutrition, as described in the Dietary Guidelines for Americans, in order to provide quality services. 3. Services are designed to capitalize on the individuals’ current strengths and abilities. 4. Services provided are based on an individualized plan for each consumer and/or their caregiver to meet their needs. 5. As a result of services provided, DeKalb clients will experience an increase and/or enhancement of their quality of life as it relates to the management of their activities of daily living (ADLs). 6. As a result of services provided, the caregivers of DeKalb County seniors will experience a reduction in stress associated with caregiving. 7. In the event of an infraction in service identified by the OOA, vendor will be required to meet with the OOA leadership for remediation and remedy of the situation in its entirety is expected within 30 days of the discovery. C. Completion Schedule: 1. Respondents must be able to provide services to DeKalb County consumers Monday through Friday from 8:00 a.m. to 5:00 p.m. Services are generally not provided on weekends and holidays; however, limited service may be required occasionally. While service to consumers is generally provided on a weekly basis, individual Service Plans will vary. 2. The DeKalb County Office of Aging will provide basic technical assistance and mandatory in-service trainings to the approved vendor on the following topics: a) Customer Service b) Conflict Resolution c) Elder Abuse Identification D. Progress Reporting: The selected respondent(s) will be required to submit a monthly narrative report, along with a monthly invoice to the DeKalb County Office of Aging (OOA). The monthly report is a narrative report that details the specific services provided, outcomes, and accomplishments for each reporting period. E. Place of Performance: The selected provider(s) should maintain an independent office space. All in-home services must be provided inside of the consumers’ individual homes. The administrative paperwork RFP NO. 23-500644 Page 18 of 62 related to the provision of in-home services and case management services may be completed at the selected provider’s administrative office and/or inside consumers’ homes as needed. F. Business Requirements: Providers of In-Home Services must demonstrate compliance with all applicable licensure requirements for Private Home Care Providers under the Rules and Regulations of the State of Georgia Chapter 111-8-65. The rules and regulations for Private Home Care licensure are not applicable to Homemaker services, unless the homemaker tasks are provided as a component of a service subject to licensure, such as personal care, or in-home respite care. Providers must be fiscally solvent and understand that payment for services may occur after 30 days or less. G. Applicable Regulations: Program Legislation, Regulation, Program Standards and/or Guidelines The following is a list of applicable resources for more detailed information regarding federal and state regulations for the provision of in-home supports and services: 1. Administration on Aging- Older Americans Act http://www.aoa.gov/ 2. DHS/DAS HCBS Manual 5300: Section 202; Program Guidelines and Requirements 3. Section 208, In-Home Services; Section 306; Homemaker Services 4. Section 308; Personal Care Services; Section 310; Respite Care Services 5. Manuals available at: http://odis.dhs.ga.gov/ a) DAS Manual 5200, Section 5020 b) DAS Manual 5300, Section 110 c) DAS Manual 5300, Section 114 d) DAS Manual 5200, Section 202 e) DAS Manual 5600, Section 2025-2028 f) DAS Manual 5600, Section 3012 g) DAS Manual 5600, Section 3015 h) DAS Manual 5600, Section 2050 6. State of Georgia Rules and Regulations for Private Home Care Providers: (LINK): http://rules.sos.state.ga.us/pages/DEPARTMENT_OF_COMMUNITY_ HEALTH/HEALTHCARE_FACILITY_REGULATION/RULES_AND _REGULATIONS_FOR_PRIVATE_HOME_CARE_PROVIDERS/index.html H. Applicable Working Rules: All homemaker, personal care, and respite care services must be provided in compliance with the Georgia Department of Human Services (DHS)/Georgia Division of Aging Services (DAS)/ Home and Community Based Services manual listed above. Sections 202 and 208 outline general requirements, and Sections 306, 308, and 310 outline specific requirements for homemaker, personal care, and respite care services. http://rules.sos.state.ga.us/pages/DEPARTMENT_OF_COMMUNITY_%20HEALTH/HEALTHCARE_FACILITY_REGULATION/RULES_AND%20_REGULATIONS_FOR_PRIVATE_HOME_CARE_PROVIDERS/index.html http://rules.sos.state.ga.us/pages/DEPARTMENT_OF_COMMUNITY_%20HEALTH/HEALTHCARE_FACILITY_REGULATION/RULES_AND%20_REGULATIONS_FOR_PRIVATE_HOME_CARE_PROVIDERS/index.html http://rules.sos.state.ga.us/pages/DEPARTMENT_OF_COMMUNITY_%20HEALTH/HEALTHCARE_FACILITY_REGULATION/RULES_AND%20_REGULATIONS_FOR_PRIVATE_HOME_CARE_PROVIDERS/index.html RFP NO. 23-500644 Page 19 of 62 I. Transition Requirements: The County requires thirty (30) days total time for the transition of in-home services. J. Funding and Payment: Payment for all services will be made on a unit cost basis. IV. DEFINITION OF TERMS The words and terms listed below, when used in this Request for Proposals (RFP), shall have the following meanings unless the context clearly indicates otherwise: A. Activities of Daily Living (ADLs) are the basic tasks of everyday life that are required for self- care and independent living, which include: eating, bathing, grooming, dressing, transferring, and continence. B. Caregiver is a family member or other person who normally provides the daily care or supervision of individuals who are frail, elderly or who have disabilities. The caregiver may or may not reside in the same place as the care receiver. C. Frail (as defined by the Older American’s Act) is the term used to describe an individual who is unable to perform at least three activities of daily living without substantial human assistance, including verbal reminding, physical cueing, or supervision; or due to a cognitive or other mental impairment, requires substantial supervision because the individual behaves in a manner that poses a serious health or safety hazard to the individual or to another individual. D. Homemaker Services include preparing meals, shopping for personal items, managing money, using the telephone, or doing light housework. E. Instrumental Activities of Daily Living (IADLS) are the more complex series of life functions necessary for maintaining a person’s immediate environment which include: managing money, telephoning, preparing meals, completing laundry, going outside of the home, managing routine health, special health, and being alone. F. Seniors are individuals who are 60 years of age or older. G. Personal Care Services is the provision of personal assistance, stand-by assistance, supervision or cues for persons having difficulties with one or more activities of daily living (eating, dressing, bathing, grooming, toileting, and transferring.) H. Respite Care Services is the provision of intermittent and temporary substitute care or supervision of frail, functionally impaired and/or cognitively impaired persons on behalf of and in the absence of the primary caregiver, for the purpose of offering relief from stress or responsibilities associated with giving continuous care or supervision, to enable the caregiver to continue the provision of care in the home. In-home respite care is provided by appropriately trained and supervised paid workers who attend to the needs of the care receiver in the same manner as the primary caregiver, in their places of residence. [END OF SCOPE OF WORK] RFP NO. 23-500644 Page 20 of 62 ATTACHMENT B COST PROPOSAL FORM (Page 1 of 2) COSTS OR FEES IN ANY AREA OUTSIDE OF THE COST PROPOSAL SHALL RESULT IN RESPONDER’S PROPOSAL BEING DEEMED NON-RESPONSIVE. RFP NO. 23-500644 IN-HOME SERVICES FOR SENIORS AND THEIR CAREGIVERS (THREE (3) YEAR MULTIYEAR CONTRACT) Responder/Respondent: The Cost Proposal(s) must be submitted in a separate, sealed envelope with the Responder’s name and “Request For Proposals (RFP) No. 23-500644 In-Home Services for Seniors and Their Caregivers (Three (3) Year Multiyear Contract)” clearly identified on the outside of the envelope. By signing this page, Responder acknowledges that he/she has carefully examined and fully understands the RFP in its entirety, and hereby agrees that if this proposal is accepted, the Responder will contract with DeKalb County according to the Request for Proposal documents. Name of Firm:_____________________________________________________________________ Address:________________________________________________________________________________ Contact Person Submitting Proposal:________________________________________________________ Signature of Contact Person:_______________________________________________________________ Title of Contact Person:___________________________________________________________________ Telephone Number:______________________________________________________________________ Fax Number:____________________________________________________________________________ E-mail Address:__________________________________________________________________________ RFP NO. 23-500644 Page 21 of 62 ATTACHMENT B COST PROPOSAL FORM (Page 2 of 2) COSTS OR FEES IN ANY AREA OUTSIDE OF THE COST PROPOSAL SHALL RESULT IN RESPONDER’S PROPOSAL BEING DEEMED NON-RESPONSIVE. RFP NO. 23-500644 IN-HOME SERVICES FOR SENIORS AND THEIR CAREGIVERS (THREE (3) YEAR MULTIYEAR CONTRACT) Responder must state the Unit Rate for ALL categories of In-Home Services for Seniors and Their Caregivers if you wish to provide a proposal. Include all costs (direct and indirect) for you to supply the service(s). Please utilize the following formula regarding the cost: (Number of Units) X (Unit Price) = Subtotal ITEM NO. DESCRIPTION ANNUAL ESTIMATED NUMBER OF UNITS UOM UNIT PRICE SUBTOTAL PERSONAL CARE: 1. Year 1 3137 Per Unit $ $ 2. Year 2 3231 Per Unit $ $ 3. Year 3 3328 Per Unit $ $ Total (Subtotal): HOMEMAKER: 4. Year 1 3,952 Per Unit $ $ 5. Year 2 4,071 Per Unit $ $ 6. Year 3 4,193 Per Unit $ $ Total (Subtotal): RESPITE: 7. Year 1 3,000 Per Unit $ $ 8. Year 2 3,100 Per Unit $ $ 9. Year 3 3,193 Per Unit $ $ Total (Subtotal): GRAND TOTAL FOR 3 YEARS (Item Nos. 1 through 9): $ _______________________________________________________________________________________________ (State the Grand Total for 3 Years for RFP 23-500644 in writing on this line.) RFP NO. 23-500644 Page 22 of 61 ATTACHMENT C CONTRACTOR AFFIDAVIT UNDER O.C.G.A. §13-10-91 By executing this affidavit, the undersigned Contractor verifies its compliance with O.C.G.A. §13- 10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of DEKALB COUNTY has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. §13-10-91. Furthermore, the undersigned Contractor will continue to use the federal work authorization program throughout the Contract Term and the undersigned Contractor will contract for the physical performance of services in satisfaction of such contract only with Subcontractors who present an affidavit to the Contractor with the information required by O.C.G.A. §13-10-91. Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Contractor RFP No. 23-500644 In-Home Services for Seniors and Their Caregivers (3-Year Multiyear Contract) Name of Project DeKalb County, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 20 in (city), (state). By: Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent Subscribed and Sworn before me on this the day of , 20 . Notary Public My Commission Expires: RFP NO. 23-500644 Page 23 of 61 ATTACHMENT D SUBCONTRACTOR AFFIDAVIT UNDER O.C.G.A. § 13-10-91 By executing this affidavit, the undersigned Subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (insert name of Contractor) on behalf of DEKALB COUNTY, GEORGIA has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned Subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the Subcontractor with the information required by O.C.G.A. § 13-10-91. Additionally, the undersigned Subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the Contractor within five business days of receipt. If the undersigned Subcontractor receives notice that a sub- subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned Subcontractor must forward, within five business days of receipt, a copy of the notice to the Contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor RFP No. 23-500644 In-Home Services for Seniors and Their Caregivers (3-Year Multiyear Contract) Name of Project DeKalb County, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 20 in (city), (state). By: Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent Subscribed and Sworn before me on this the day of , 20 . Notary Public My Commission Expires: RFP NO. 23-500644 Page 24 of 61 ATTACHMENT E SUB-SUBCONTRACTOR AFFIDAVIT UNDER O.C.G.A. § 13-10-91 By executing this affidavit, the undersigned sub-subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract for (name of subcontractor or sub-subcontractor with whom such sub-subcontractor has privity of contract) and_______________________________________________ (name of Contractor) on behalf of DEKALB COUNTY, GEORGIA has registered with, is authorized to use and uses the federal work authorization program commonly known as E- Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned sub- subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned sub-subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the sub- subcontractor with the information required by O.C.G.A. § 13-10-91(b). The undersigned sub- subcontractor shall submit, at the time of such contract, this affidavit to (name of Subcontractor or sub-subcontractor with whom such sub-subcontractor has privity of contract). Additionally, the undersigned sub-subcontractor will forward notice of the receipt of any affidavit from a sub-subcontractor to (name of Subcontractor or sub-subcontractor with whom such sub- subcontractor has privity of contract). Sub-subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor RFP No. 23-500644 In-Home Services for Seniors and Their Caregivers (3-Year Multiyear Contract) Name of Project DeKalb County, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 20 in (city), (state). By: Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent Subscribed and Sworn before me on this the day of , 20 . Notary Public My Commission Expires: RFP NO. 23-500644 Page 25 of 61 ATTACHMENT F CONTRACTOR REFERENCE AND RELEASE FORM List below at least three (3) references, including company name, contact name, address, email address, telephone numbers and contract period who can verify your experience and ability to perform the type of service listed in the solicitation. Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name REFERENCE CHECK RELEASE STATEMENT You are authorized to contact the references provided above for purposes of this RFP. Signed Title (Authorized Signature of Responder) Company Name Date RFP NO. 23-500644 Page 26 of 61 ATTACHMENT G SUBCONTRACTOR REFERENCE AND RELEASE FORM List below at least three (3) references, including company name, contact name, address, email address, telephone numbers and contract period who can verify your experience and ability to perform the type of service listed in the solicitation. Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name REFERENCE CHECK RELEASE STATEMENT You are authorized to contact the references provided above for purposes of this RFP. Signed Title (Authorized Signature of Responder) Company Name Date RFP NO. 23-500644 Page 27 of 61 ATTACHMENT H DEKALB FIRST LSBE INFORMATION WITH EXHIBITS 1 – 2 SCHEDULE OF LOCAL SMALL BUSINESS ENTERPRISE PARTICIPATION OPPORTUNITY TRACKING FORM The Chief Executive Officer and the Board of Commissioners of DeKalb County believe that it is important to encourage the participation of small and local businesses in the continuing business of County government; and that the participation of these types of businesses in procurement will strengthen the overall economic fabric of DeKalb County, contribute to the County’s economy and tax base, and provide employment to local residents. Therefore, the Chief Executive Officer and the Board of Commissioners have made the success of local small businesses a permanent goal of DeKalb County by implementing the DeKalb First Local Small Business Enterprise Ordinance. PROVISIONS OF DEKALB FIRST LOCAL SMALL BUSINESS ENTERPRISE (LSBE) ORDINANCE Percentage of LSBE Participation Required 20% of Total Award Certification Designation Requests For Proposal (RFP) LSBE Within DeKalb (LSBE- DeKalb) Ten (10) Preference Points LSBE Outside DeKalb (LSBE- MSA) Five (5) Preference Points Demonstrated GFE Two (2) Preference Points Certified Local Small Business Enterprises (LSBEs) located within DeKalb County and prime contractors utilizing LSBEs that are locally-based inside DeKalb County shall receive ten (10) points in the initial evaluation of their response to any Request for Proposal. Certified LSBEs located outside of DeKalb County but within the nine (9) County Metropolitan Statistical Area (MSA) consisting of Cherokee, Clayton, Cobb, Douglas, Fayette, Fulton, Gwinnett, Henry and Rockdale Counties shall receive five (5) points in the initial evaluation of their response to any Request for Proposal. Prime Contractors who demonstrate sufficient good faith efforts in accordance with the requirements of the ordinance shall be granted two (2) points in their initial evaluation of responses to any Request for Proposal. Pro-rated points shall be granted where a mixture of LSBE-DeKalb and LSBE MSA firms are utilized. Utilization of each firm shall be based upon the terms of the qualified sealed solicitation. Prime Contractor(s) deemed responsible and remains responsive to an Invitation to Bid (ITB) because they are either a certified LSBE-DeKalb or LSBE-MSA firm or has obtained 20% participation of an LSBE- DeKalb or LSBE-MSA firm, submits the lowest bid price shall be deemed the lowest, responsive and responsible bidder. Prime Contractor(s) deemed responsible and remains responsive to an Invitation to Bid (ITB) and documented good faith efforts, submits a lower bid price than a Prime Contractor that achieved 20% LSBE participation, or otherwise required benchmark, then the Prime Contractor who actually met the benchmark RFP NO. 23-500644 Page 28 of 61 will be given the opportunity to match the lowest bid price of the Prime Contractor who only made good faith efforts. Prime Contractor(s) who choose not to match the lowest bid price, then the Prime Contractor who made the good faith efforts will be deemed the lowest, responsive and responsible bidder. For all qualified sealed solicitations, the Director of Purchasing and Contracting, DeKalb County Government, shall determine if the bidder/proposer has included written documentation showing that at least twenty percent (20%) of the total contract award will be performed by a certified LSBE. This written documentation shall be in the form of a notarized Schedule of LSBE Participation (Attached hereto as “Exhibit 1”.) For all contracts, a signed letter of intent from all certified LSBEs describing the work, material, equipment and/or services to be performed or provided by the LSBE(s) and the agreed upon percentage shall be due with the bid or proposal documents and included with “Exhibit 2”. The certified vendor list establishes the group of Certified LSBE’s from which the bidder/proposer must solicit subcontractors for LSBE participation. This list can be found on our website http://www.dekalbcountyga.gov/purchasing-contracting/about-purchasing-and-contracting or obtained from the Special Projects LSBE Program team. Prime Contractors failing to meet the LSBE benchmark must document and demonstrate Good Faith Efforts in accordance with the attached “Checklist for Good Faith Efforts” portion of “Exhibit 1.” The notarized Schedule of LSBE Participation shall be due and submitted with each bid or proposal. Failure to achieve the LSBE benchmark or demonstrate good faith efforts shall result in a bid or proposal being rejected. Prime Contractors that fail to attend the mandatory LSBE meeting in person or via video conference shall mean that the Prime Contractor has not demonstrated sufficient good faith efforts and its bid or proposal if submitted, shall be deemed non-responsive without any further review. Upon award, Prime Contractors are required to submit a report detailing LSBE Sub-Contractor usage with each request for payment and not less than on a monthly basis. Prime Contractors shall ensure that all LSBE sub-contractors have been paid within seven (7) days of the Prime’s receipt of payment from the County. Failure to provide requested reports/documentation shall constitute a material breach of contract, entitling the County to terminate the Contract for default or pursue other remedies. LSBE sub-contractors must confirm payments received from the Prime(s) for each County contract they participate in. For eligible bids/proposals valued over $5,000,000.00, the Mentor-Protégé provision of the Ordinance shall apply. Prime Contractors must agree to become mentors and take on an LSBE protégé in an effort to enhance the potential of future LSBEs. Qualifying projects shall be performed by both Mentor and Protégé through a subcontract between both parties. This requirement is in addition to all other applicable sections of the DeKalb First Ordinance. Please review the ordinance, section 2-214 or contact the LSBE Program Representative for detailed information regarding this initiative. http://www.dekalbcountyga.gov/purchasing-contracting/about-purchasing-and-contracting RFP NO. 23-500644 Page 29 of 61 EXHIBIT 1 SCHEDULE OF DEKALB FIRST LOCAL SMALL BUSINESS ENTERPRISE PARTICIPATION OPPORTUNITY TRACKING FORM As specified, Bidders and Proposers are to present the details of LSBE participation below: PRIME BIDDER/PROPOSER___________________________________________________________ SOLICITATION NUMBER: RFP No. 23-500644 TITLE OF UNIT OF WORK: In-Home Services for Seniors and Their Caregivers (Three (3) Year Multiyear Contract) 1. My firm, as the prime bidder/proposer on this unit of work, is a certified (check all that apply): ____LSBE-DeKalb ____LSBE-MSA 2. If you are a Certified LSBE-DeKalb or MSA, please indicate below the percentage of that your firm will carry out directly: ____________________________________. 3. If the prime bidder/proposer is a joint venture, please describe below the nature of the joint venture and level of work and percentage of participation to be provided by the LSBE-DeKalb or MSA joint venture firm. ________________________________________________________________________ ________________________________________________________________________ 4. List the LSBE-DeKalb or MSA subcontractors and/or firms (including suppliers) to be utilized in of this contract, if awarded. No changes can be made in the subcontractors listed below without the prior written approval of the County. Please attach a signed letter of intent from all certified LSBEs describing the work, materials, equipment or services to be performed and/or provided and the agreed upon percentage of work to be performed. A Letter of Intent form is attached hereto as “Exhibit 2”. Name of Company Address Telephone Fax Contact Person Indicate certification status and attach proof of certification: LSBE-DeKalb/LSBE-MSA Description of services to be performed RFP NO. 23-500644 Page 30 of 61 Percentage of work to be performed Name of Company Address Telephone Fax Contact Person Indicate certification status and attach proof of certification: LSBE-DeKalb/LSBE-MSA Description of services to be performed Percentage of work to be performed Name of Company Address Telephone Fax Contact Person Indicate certification status and attach proof of certification: LSBE-DeKalb/LSBE-MSA Description of services to be performed Percentage of work to be performed Name of Company Address Telephone Fax Contact Person Indicate certification status and attach proof of certification: LSBE-DeKalb/LSBE-MSA Description of services to be performed Percentage of work to be performed Please attach additional pages, if necessary. RFP NO. 23-500644 Page 31 of 61 EXHIBIT 1, CONT’D DEKALB COUNTY CHECKLIST FOR GOOD FAITH EFFORTS A bidder/proposer that does not meet the County’s LSBE participation benchmark is required to submit documentation to support all “Yes” responses as proof of “good faith efforts.” Please indicate whether or not any of these actions were taken: Yes No Description of Actions 1. Prime Contractors shall attend a MANDATORY LSBE Meeting in person or via video conference within two-weeks of advertisement of the solicitation. 2. Provide a contact log showing the company’s name, contact person, address, email and contact number (phone or fax) used to contact the proposed certified subcontractors, nature of work requested for quote, date of contact, the name and title of the person making the effort, response date and the percentage of work. 3. Provide interested LSBEs via email, of any new relevant information, if any, at least 5 business days prior to submission of the bid or proposal. 4. Efforts made to divide the work for LSBE subcontracting areas likely to be successful and to identify portions of work available to LSBEs consistent with their availability. Include a list of divisions of work not subcontracted and the corresponding reasons for not including them. The ability or desire of a bidder/proposer to perform the contract work with its own organization does not relieve it of the responsibility to make good faith efforts on all scopes of work subject to subcontracting. 5. Efforts were made to assist potential LSBE subcontractors meet bonding, insurance, or other governmental contracting requirements. Where feasible, facilitating the leasing of supplies or equipment when they are of such a specialized nature that the LSBE could not readily and economically obtain them in the marketplace. 6. Communication via email or phone with DeKalb First Program Staff seeking assistance in identifying available LSBEs. Provide DeKalb First Program Staff representative name and title, and date of contact. 7. For all contracts, a signed letter of intent from all certified LSBEs describing the work, materials, equipment or services to be performed or provided by the LSBE(s) and the agreed upon LSBE participation percentage shall be due with the bid or proposal documents. 8. Other Actions, to include Mentor/Protégé commitment for solicitations $5M and above (specify): Please explain all “no” answers above (by number): RFP NO. 23-500644 Page 32 of 61 This list is a guideline and by no means exhaustive. The County will review these efforts, along with attached supporting documents, to assess the bidder/proposer’s efforts to meet the County’s LSBE Participation benchmark. If you require assistance in identifying certified, bona fide LSBEs, please contact the Purchasing and Contracting Department’s DeKalbFirst LSBE Program representative at DekalbFirstLSBE@dekalbcountyga.gov. RFP NO. 23-500644 Page 33 of 61 EXHIBIT 1, CONT’D DEKALB FIRST LOCAL SMALL BUSINESS ENTERPRISE SCHEDULE OF PARTICIPATION OPPORTUNITY TRACKING FORM Bidder/Proposer Statement of Compliance Bidder(s)/Proposer(s) hereby state that they have read and understand the requirements and conditions as set forth in the objectives and that reasonable effort were made to support the County in providing the maximum practicable opportunity for the utilization of LSBEs consistent with the efficient and economical performance of this contract. The Bidder and any subcontractors shall file compliance reports at reasonable times and intervals with the County in the form and to the extent prescribed by the Director of DeKalb County Purchasing and Purchasing and Contracting Department. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of Contractors and their subcontractors. 1. Non-Discrimination Policy a. During the performance of this agreement, Contractor agrees to conform to the following Non-Discrimination Policy adopted by the County. b. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or disability. The Contractor will take action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex, national origin, or disability. Such action shall include, but not be limited to, the following: (1) Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided setting forth provisions of this non-discrimination clause. (2) Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or disability. c. Without limiting the foregoing, Contractor shall not discriminate on the basis of disability in the admission or access to, or treatment or employment in, the programs and activities, which form the subject of the contract. The Contractor will take action to ensure that applicants for participation in such programs and activities are considered without regard to disability. Such action shall include, but not be limited to, the following: (1) Contractor agrees to post in conspicuous places available to participants in its programs and activities notices to be provided setting forth the provisions of this non- discrimination clause. (2) Contractor shall, in all solicitations or advertisements for programs or activities, which are the subject of the contract, state that all qualified applicants will receive consideration for participation without regard to disability. 2. Commitment The undersigned certifies that he/she has read, understands, and agrees to be bound by the bid specifications, including the accompanying Exhibits and other terms and conditions of the Invitation to Bid and/or Request for Proposal regarding LSBE utilization. The undersigned further certifies that he/she is legally authorized by the bidder or responder to make the statements and representations in Exhibit 1 and that said statements and representations are true and correct to the RFP NO. 23-500644 Page 34 of 61 best of his/her knowledge and belief. The undersigned will enter into formal agreement(s) with the LSBE(s) listed in this Exhibit 1, which are deemed by the owner to be legitimate and responsible LSBEs. Said agreement(s) shall be for the work and contract with the Prime Contractor. The undersigned understands and agrees that if any of the statements and representations are made by the Bidder knowing them to be false, or if there is a failure of the successful Bidder (i.e., Contractor) to implement any of the stated agreements, intentions, objectives, goals and commitments set forth herein without prior approval of the County, then in any such events the contractor’s act or failure to act, as the case may be, shall constitute a material breach of contract, entitling the County to terminate the Contract for default. The right to so terminate shall be in addition to, and not in lieu of, any other rights and remedies the County may have for other defaults under the Contract. Additionally, the Contractor will be subject to the loss of any future contract awards by the County for a period of one year. Firm Name (Please Print): _________________________________________________________________ Firm’s Officer:_____________________________________________________ (Authorized Signature and Title Required) Date Sworn to and Subscribed to before me this ______ day of_______________, 20______. _________________________________________________________________ Notary Public My Commission Expires:_____________________________________________ RFP NO. 23-500644 Page 35 of 61 EXHIBIT 2 LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR PROVIDING MATERIALS OR SERVICES Instructions: 1. Complete the form in its entirety and submit with bid documents. 2. Attach a copy of the LSBE’s current valid Certification Letter. To:__________________________________________________________________________ (Name of Prime Contractor Firm) From: ________________________________________ � LSBE –DeKalb � LSBE –MSA (Name of Subcontractor Firm) (Check all that apply) RFP Number: 23-500644 Project Name: In-Home Services for Seniors and Their Caregivers (Three (3) Year Multiyear Contract) The undersigned subcontractor is prepared to perform the following described work or provide materials or services in connection with the above project (specify in detail particular work items, materials, or services to be performed or provided). Description of Materials or Services Project/Task Assignment % of Contract Award Prime Contractor: Sub-contractor: Signature:_________________________Signature:______________________________ Title:_____________________________ Title:__________________________________ Date:_____________________________ Date: __________________________________ RFP NO. 23-500644 Page 36 of 61 ATTACHMENT I FIRST SOURCE JOBS ORDINANCE INFORMATION (WITH EXHIBITS 1 – 4) EXHIBIT 1 FIRST SOURCE JOBS ORDINANCE ACKNOWLEDGEMENT Contract No.________________________ The DeKalb County First Source Ordinance requires contractors or beneficiaries of eligible projects entering into any type of agreement with the County, including purchase orders, regardless of what they may be called, for the procurement or disposal of supplies, services, construction projects, professional or consultant services, which is funded in whole or part with County funds or County administered funds in which the contractor is to receive $50,000 or more in County expenditures or committed expenditures and recipient of urban redevelopment action grants or community development block funds administered in the amount of $50,000 or more to make a good faith effort to hire DeKalb County residents for at least 50% of jobs created using the First Source Registry (candidate database) within one hundred twenty (120) days of contract execution. The work to be performed under this contract is subject to the provisions of the DeKalb County First Source Jobs Ordinance. All contractors will be asked to submit an Employment Roster and/or copies of active payroll registers on a monthly basis to verify compliance. The undersigned acknowledges and agrees to comply with the provisions of the DeKalb County First Source Jobs Ordinance. CONTRACTOR OR BENEFICIARY INFORMATION: Contractor or Beneficiary Name (Signature) Contractor or Beneficiary Name (Printed) Title Telephone Email _______________________________________ Name of Business Please answer the following questions: 1. How many job openings do you anticipate filling related to this contract? _____ 2. How many incumbents/existing employees will retain jobs due to this contract? DeKalb Residents: _____ Non-DeKalb Residents: _____ Please return this form to WorkSource DeKalb, fax (404) 687-3900 or email to fkadkins@dekalbcountyga.gov. WorkSource DeKalb (WSD) is an EEO/M/F/D/V employer/program. Auxiliary aids/services are available upon request to individuals with disabilities. Persons with hearing impairments may call 1-800-255-0135 or 711 TTY for assistance. WSD is 100% funded by the U. S. Department of Labor and is a proud partner of the American Job Center Network. mailto:fkadkins@dekalbcountyga.gov RFP NO. 23-500644 Page 37 of 61 FIRST SOURCE JOBS ORDINANCE INFORMATION EXHIBIT 2 NEW EMPLOYEE TRACKING FORM Name of Bidder______________________________________________________________________ Address_____________________________________________________________________________ Email______________________________________________________________________________ Phone Number _______________________________ Fax Number_____________________________________ Do you anticipate hiring from the First Source Candidate Registry? � Y or � N (Circle one) If so, the approximate number of employees you anticipate hiring: _____________________________ Type of Position (s) you anticipate hiring: (List position title, one position per line) Attach job description per job title: The number you anticipate hiring: Timeline Please return this form to DeKalb Workforce Development, fax (404) 687-4099 or email to fkadkins@dekalbcountyga.gov. WorkSource DeKalb (WSD) is an EEO/M/F/D/V employer/program. Auxiliary aids/services are available upon request to individuals with disabilities. Persons with hearing impairments may call 1-800-255-0135 or 711 TTY for assistance. WSD is 100% funded by the U. S. Department of Labor and is a proud partner of the American Job Center Network. mailto:jbblack@dekalbcountyga.gov RFP NO. 23-500644 Page 38 of 61 FIRST SOURCE JOBS ORDINANCE INFORMATION EXHIBIT 3 BUSINESS SERVICE REQUEST FORM Please complete this form for each position that you have available. DATE: ___________________________ FEDERAL TAX ID:_________________________ COMPANY NAME:______________________________________ WEBSITE:_________________________________ ADDRESS: _________________________________________________________________________________ (WORKSITE ADDRESS IF DIFFERENT):_____________________________________________________ CONTACT NAME:______________________________________ TITLE:____________________________________ CONTACT E-MAIL ADDRESS:______________________________ CONTACT PHONE: ___________ Are you a private employment agency or staffing agency? YES NO JOB DESCRIPTION: (Please include a copy of the Job Description) POSITION TITLE: ____________________________________________________________ NUMBER OF POSITIONS AVAILABLE: _________ TARGET START DATE: _________________ WEEKLY WORK HOURS: 20-30 hours 30-40 hours Other ________________ SALARY RATE (OR RANGE): ________________ SPECIFIC WORK SCHEDULE: ___________ PERM TEMP TEMP-TO-PERM SEASONAL PUBLIC TRANSPORTATION ACCESSIBILITY: YES NO SCREENINGS ARE REQUIRED: YES NO SELECT ALL THAT APPLY: CREDIT CHECK DRUG MVR BACKGROUND OTHER __________________ HOW TO APPLY: __________________________________________________________________________ Please return form to: fkadkins@dekalbcountyga.gov DO NOT WRITE BELOW THIS LINE - TO BE COMPLETED BY WORKSOURCE DEKALB ONLY SYSTEM TYPE: First Source Direct Hire Work Experience (WEX) ENTRY DATE: _________ ASSIGNED TO: _______________________________________ DATE: _____________ WorkSource DeKalb (WSD) is an EEO/M/F/D/V employer/program. Auxiliary aids/services are available upon request to individuals with disabilities. Persons with hearing impairments may call 1-800-255-0135 or 711 TTY for assistance. WSD is 100% funded by the U. S. Department of Labor and is a proud partner of the American Job Center Network. mailto:fkadkins@dekalbcountyga.gov RFP NO. 23-500644 Page 39 of 61 FIRST SOURCE JOBS ORDINANCE INFORMATION EXHIBIT 4 EMPLOYMENT ROSTER DeKalb County Contract Number: _________________________ Project Name: ____________________________ Contractor: ______________________________ Date: ___________ Name Position: Start Date Hourly Rate of Pay Hired for this Project? (yes/no) Anticipated Length of Employment (Months) % of Time Dedicated to the Project Full or Part Time? (No. of Hours) Georgia County of Residency WorkSource DeKalb (WSD) is an EEO/M/F/D/V employer/program. Auxiliary aids/services are available upon request to individuals with disabilities. Persons with hearing impairments may call 1-800-255-0135 or 711 TTY for assistance. WSD is 100% funded by the U. S. Department of Labor and is a proud partner of the American Job Center Network. RFP NO. 23-500644 Page 40 of 61 ATTACHMENT J COUNTY’S SAMPLE CONTRACT AGREEMENT FOR PROFESSIONAL SERVICES (Sample County Contract) DEKALB COUNTY, GEORGIA THIS AGREEMENT made as of this ____day of _____, 20___, (hereinafter called the “execution date”) by and between DEKALB COUNTY, a political subdivision of the State of Georgia (hereinafter referred to as the “County”), and ____________________, a corporation organized and existing under the laws of the State of __________, with offices in __________ __________, __________ (hereinafter referred to as “Contractor”), shall constitute the terms and conditions under which the Contractor shall provide _______________________ in DeKalb County, Georgia. WITNESSETH: That for and in consideration of the mutual covenants and agreements herein set forth, the County and the Contractor hereby agree as follows: ARTICLE I. CONTRACT TIME & TERM The Contractor shall commence the Work under this Contract within ten (10) days from the acknowledgement of receipt of the Notice to Proceed. The Contractor shall fully complete the Work within one thousand ninety-five (1095) calendar days from and including the Commencement Date, unless otherwise extended by written Change Order approved and executed by the DeKalb County Chief Executive Officer or his/her designee and the Contractor in accordance with the terms of this Contract. As required by O.C.G.A §36-60-13, this Contract shall (i) terminate without further obligation on the part of the County each and every December 31st unless terminated earlier in accordance with the termination provisions of this Agreement; (ii) automatically renew on each January 1st unless terminated in accordance with the termination provisions of this Agreement; and (iii) terminate absolutely, with no further renewals, on December 31, 20__, unless extended by Change Order adopted and approved by the DeKalb County Governing Authority and the Contractor in accordance with the terms of this Contract. ARTICLE II. PAYMENT As full payment for the faithful performance of this Contract, the County shall pay the Contractor, the Contract Price, which is an amount not to exceed ______________ ($__________), unless changed by written Change Order in accordance with the terms of this Contract. The term “Change Order” includes the term “amendment” and shall mean a written order authorizing a change in the Work, and an adjustment in Contract Price to Contractor or the Contract Term, as adopted and approved by the Contractor and the DeKalb County Governing Authority, or the Chief Executive Officer, if exempted from Governing Authority adoption and approval in accordance with the express terms of this Contract. The Chief Executive Officer or his/her designee shall have the authority to approve and execute a Change Order lowering the Contract Price or increasing the Contract Price up to twenty percent (20%) of the original Contract Price, provided that the total amount of the increase authorized by such Change Order is less than $100,000.00. If the original Contract or Purchase Order Price does not exceed $100,000.00, but the Change Order will make the total Contract Price exceed $100,000.00, then the Change Order will require approval by official action of the Governing RFP NO. 23-500644 Page 41 of 61 Authority. Any other increase of the Contract Price shall be by Change Order adopted and approved by the DeKalb County Governing Authority and the Contractor in accordance with the terms of this Contract. Amounts paid to the Contractor shall comply with and not exceed Attachment A, the Contractor’s Cost Proposal, consisting of ______ page(s) attached hereto and incorporated herein by reference. Payment is to be made no later than thirty (30) days after submittal of undisputed invoice. Invoice(s) must be submitted as follows: A. Original invoice(s) must be submitted to: DeKalb County, Georgia Attention: “USER DEPARTMENT” ________________________ ________________________ B. Upon award, Prime Contractor(s) with Local Small Business Enterprise (LSBE)Subcontractor(s) shall enter utilization reports electronically at www.dekalblsbe.info. Proof of payment to the LSBE Subcontractor must be uploaded and submitted. LSBE Subcontractors shall confirm receipt of payment from the Prime, electronically also, at www.dekalblsbe.info ARTICLE III. SCOPE OF WORK The Contractor agrees to provide all ___________ services in accordance with, Attachment A, Scope of Work attached hereto and incorporated herein by reference, the County’s Request for Proposals (RFP) No. 23-500644 for In-Home Services for Seniors and Their Caregivers (Three (3) Year Multiyear Contract), attached hereto as Appendix I and incorporated herein by reference, and the Contractor’s response thereto, attached hereto as Appendix II and incorporated herein by reference. The Contractor’s services shall include all things, personnel, and materials necessary to accomplish specific projects authorized by the County. ARTICLE IV. GENERAL CONDITIONS A. Accuracy of Work The Contractor shall be responsible for the accuracy of the Work and any error and/or omission made by the Contractor in any phase of the Work under this Agreement. B. Additional Work The County shall in no way be held liable for any work performed under this section which has not first been approved in writing by the County in the manner required by applicable law and/or the terms of this Contract. The County may at any time order changes within the scope of the Work without invalidating the Contract upon seven (7) days written notice to the Contractor. The Contractor shall proceed with the performance of any changes in the Work so ordered by the County unless such change entitles the Contractor to a change in Contract Price, and/or Contract Term, in which event the Contractor shall give the County written notice thereof within fifteen (15) days after the receipt of the ordered change, and the Contractor shall not execute such changes until it receives an executed Change Order from the County. No extra cost or extension of time shall be allowed unless approved by the County and authorized by execution of a Change Order. The parties’ execution of any Change Order constitutes a final settlement of all matters relating to the change in the Work which is the subject of the Change Order. The County shall not be liable for payment for any work performed under this section which has not first been approved in writing by the County in the manner required by applicable law and/or the terms of this Contract. C. Ownership of Documents All documents, including drawings, estimates, specifications, and data are and remain the property of the County. The Contractor agrees that the County may reuse any http://www.dekalblsbe.info/ http://www.dekalblsbe.info/ RFP NO. 23-500644 Page 42 of 61 and all plans, specifications, drawings, estimates, or any other data or documents described herein in its sole discretion without first obtaining permission of the Contractor and without any payment of any monies to the Contractor therefore. However, any reuse of the documents by the County on a different site shall be at its risk and the Contractor shall have no liability where such documents are reused. D. Right to Audit The County shall have the right to audit all books and records, including electronic records, relating or pertaining to this contract or agreement, including but not limited to all financial and performance related records, property, and equipment purchased in whole or in part with County funds and any documents or materials which support those records, kept under the control of the Contractor, including but not limited to those kept by the Contractor’s employees, agents, assigns, successors and subcontractors. The County also has the right to communicate with Contractor’s employees related to the audited records. The Contractor shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this contract and for seven (7) years after termination or expiration, including any and all renewals thereof. The books and records, together with supporting documents and materials shall be made available, upon request to the County or its designee, during normal business hours at the Contractor’s office or place of business. In the event that no such location is available, then the books, records, and supporting documents shall be made available for audit at a time and location which is convenient for the County. E. Successors and Assigns The Contractor agrees it shall not sublet, assign, transfer, pledge, convey, sell, or otherwise dispose of the whole or any part of this Contract or his right, title, or interest therein to any person, firm, or corporation without the previous written consent of the County. If the County consents to any such assignment or transfer, then the Contractor binds itself, its partners, successors and assigns to all covenants of this Contract. Nothing contained in this Contract shall create, nor be interpreted to create privity, or any other relationship whatsoever, between the County and any person, or entity or than Contractor. F. Reviews and Acceptance Work performed by the Contractor shall be subject to review and acceptance in stages as required by the County. Acceptance shall not relieve the Contractor of its professional obligation to correct, at his own expense, any errors in the Work. G. Termination of Agreement The Contractor understands and agrees that the date of the beginning of Work, rate of progress, and time for completion of the Work are essential conditions of this Contract. The County may, for its own convenience and at its sole option, without cause and without prejudice to any other right or remedy of County, elect to terminate the Contract by delivering to the Contractor, at the address listed in the Notices article of this Contract, a written notice of termination specifying the effective date of termination. Such notice shall be delivered to Contractor at least thirty (30) days prior to the effective date of termination. If Contractor’s services are terminated by the County, the termination will not affect any rights or remedies of the County then existing or which may thereafter accrue against Contractor or its surety. In case of termination of this Contract before completion of the Work, Contractor will be paid only for the portion of the Work satisfactorily performed through the effective date of termination as determined by the County. Neither party shall be entitled to recover lost profits, special, consequential or punitive damages, attorney’s fees or costs from the other party to this Contract for any reason whatsoever. This Contract shall not be deemed to provide any third-party with any remedy, claim, right of action, or other right. The parties’ obligations pursuant to this Section shall survive any acceptance of Work, or termination or expiration of this Contract. H. Indemnification Agreement The Contractor shall be responsible from the execution date or from the time of the beginning of the Work, whichever shall be the earlier, for all injury or damage of any kind resulting from the Work, to persons or property, including employees and property of the County. The Contractor shall exonerate, indemnify, and save harmless the County, its elected officials, officers, employees, agents and servants, hereinafter collectively referred to in this Section as “the County Indemnitees,” from and against all claims or actions based upon or arising out of any damage or injury (including without limitation any injury or death to persons and any damage to property) RFP NO. 23-500644 Page 43 of 61 caused by or sustained in connection with the performance of this Contract or by conditions created thereby or arising out of or any way connected with Work performed under this Contract, as well as all expenses incidental to the defense of any such claims, litigation, and actions. Furthermore, Contractor shall assume and pay for, without cost to the County Indemnitees, the defense of any and all claims, litigation, and actions suffered through any act or omission of the Contractor, or any Subcontractor, or anyone directly or indirectly employed by or under the supervision of any of them. Notwithstanding any language or provision in this Contract, Contractor shall not be required to indemnify any County Indemnitee against claims, actions, or expenses based upon or arising out of the County Indemnitee’s sole negligence. As between the County Indemnitees and the Contractor as the other party, the Contractor shall assume responsibility and liability for any damage, loss, or injury, including death, of any kind or nature whatever to person or property, resulting from any kind of claim made by Contractor’s employees, agents, vendors, Suppliers or Subcontractors caused by or resulting from the performance of Work under this Contract, or caused by or resulting from any error, omission, or the negligent or intentional act of the Contractor, vendors, Suppliers, or Subcontractors, or any of their officers, agents, servants, or employees. The Contractor shall defend, indemnify, and hold harmless the County Indemnitees from and against any and all claims, loss, damage, charge, or expense to which they or any of them may be put or subjected by reason of any such damage, loss, or injury. The Contractor expressly agrees to provide a full and complete defense against any claims brought or actions filed against the County Indemnitees, where such claim or action involves, in whole or in part, the subject of the indemnity contained in this Contract, whether such claims or actions are rightfully or wrongfully brought or filed. The County has the so