County_Self-Assessment_System_Improvement_Plan_and_Related_Consulting_Services.pdf

County Self-Assessment/System Improvement Plan and Related Consulting Services

Request For Proposal (RFP #RFP-2023-0019)

Tuolumne County

Health and Human Services Agency

Issued: Wednesday, March 15, 2023

REQUEST FOR PROPOSAL (RFP No. RFP-

2023-0019)

COUNTY SELF-ASSESSMENT/SYSTEM

IMPROVEMENT PLAN AND RELATED

CONSULTING SERVICES

Deadline for Submission of Proposals: Sunday, April 2, 2023

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/tuolumnecountyca https://secure.procurenow.com/portal/%7bproject.government.code%7d

Table of Contents

I. Introduction

II. Scope of Services

III. Minimum Qualifications

IV. Pricing Proposal

V. Proposal Package Requirements

VI. RFP Process

VII. Evaluation of Proposals

VIII. Contract Information

Attachments:

B - C-CFSR CSA Checklist

C - CDSS-Issued Peer Review and CSA Timeline

D - CalWORKs County CSA Report Template and ACL 19-108

E - Cal-OAR Timeline

1. INTRODUCTION

1.1. Summary

The County of Tuolumne, through its Health and Human Services Agency, Department of Social

Services, hereinafter referred to as “The County,” is requesting proposals from qualified individuals and/or organizations interested in providing a dual County Self-Assessment/System

Improvement Plan (CSA/SIP) and related consulting services. The service will include the

California Child and Family Services Review (C-CFSR) and the CalWORKs Outcomes and

Accountability Review (Cal-OAR). The County cannot accept proposals from anyone who is a current County employee (California Government Code §29708). The County intends to award one contract to a successful applicant to this RFP.

1.2. Background

PROGRAM BACKGROUND AND OVERVIEW (C-CFSR)

The County of Tuolumne is required to complete a County Self-Assessment (CSA) in accordance with the provisions of the Child Welfare Outcomes and Accountability System, referred to as the California Child and Family Services Review (C-CFSR). The provisions of the

C-CFSR require that Child Welfare and Probation Departments provide periodic reports to the

California Department of Social Services (CDSS). These reports include the CSA, the five-year

System Improvement Plan (SIP) with annual updates, and the Peer Quality Case Review

(PQCR).

According to the CDSS Children’s Services Outcomes and Accountability Bureau and the Office of Child Abuse Prevention, the C-CFSR operates on a philosophy of safety, permanency, and well-being for children and youth in child welfare and probation through continuous quality improvement, interagency partnership, community involvement, priority service provision, and public reporting of program outcomes. In addition to its focus on priority needs and improved outcomes, the C-CFSR maximizes compliance with federal regulations for receipt of Title IV-E funds and Office of Child Abuse Prevention (OCAP) funds, which include the Promoting Safe and Stable Families (PSSF) program. Requirements for expending the Child Abuse Prevention, Intervention and Treatment (CAPIT), Community-Based Child Abuse Prevention (CBCAP), and

PSSF funds continue to be integrated into the CSA and SIP components of the C-CFSR process.

Local priorities include the development of the Childrens’ Systems of Care, the California

Integrated Core Practice Model implementation, and comprehensive prevention planning.

Tuolumne County Adult, Child, and Family Services and Probation Department are about to enter its five-year CSA cycle for C-CFSR and will need to prepare and submit the annual CSA and SIP. The CSA/PQCR is estimated to be a one-year project. The year four SIP progress report is due to the State by May 12, 2023. The CSA is due to the State by December 12, 2023, preferably sooner and the SIP is due to the State May 12, 2024. Therefore, the County is seeking an individual or organization who is familiar with the process and who is able to meet the State’s deadlines.

PROGRAM BACKGROUND AND OVERVIEW (Cal-OAR)

The County of Tuolumne is also required to complete a County Self-Assessment (CSA) in accordance with the provisions of the California Work Opportunity and Responsibility to Kids

(CalWORKs) referred to as CalWORKs Outcomes and Accountability Review (Cal-OAR) program. The provisions of the Cal-OAR require that County Welfare Departments (CWDs) provide periodic progress reports to the California Department of Social Services (CDSS), ensuring compliance in monitoring progress pursuant to California Welfare and Institutions Code

(WIC) 11523 (1)(A)(i) and (ii). These reports include the County Self-Assessment (CSA), and the System Improvement Plan (SIP), which must include a peer review component. The purpose of these reports is to measure the successes and challenges of the County’s current CalWORKs processes and to recognize and implement opportunities for continuous quality improvement.

Pursuant to Senate Bill (SB) 89, signed into law on June 27, 2017, Cal-OAR was created as a local, data-driven program management system that facilitates continuous improvement of county CalWORKs programs by collecting, analyzing and disseminating outcomes and best practices. California Welfare and Institutions Code (WIC) 11523(d)(2)(A) states, “The county

CalWORKs self-assessment (CSA) component of the Cal-OAR....shall require the county human services agencies to assess their performance on the established process and outcome measures that comprise the performance indicators, identify the strengths and weaknesses in their current practice and resource deployment, identify and describe how local operational decisions and systemic factors affect program outcomes and consider areas of focus that may be included in the county CalWORKs system improvement plan (SIP).”

Tuolumne County Social Services are about to enter their five-year CSA cycle for Cal-OAR and will need to prepare and submit the CSA. The first draft of the CSA is due June 16, 2023 and the final draft is due August 11, 2023, followed by the SIP which is due January 26, 2024, preferably sooner. Two progress reports will be due over the five-year cycle, the first by April 25, 2025 and the second by June 26, 2026. Therefore, the County is seeking an individual and/or organization who is familiar with the process and who is capable of meeting and managing the State’s deadlines for both the C-CFSR CSA/SIP and the Cal-OAR CSA/SIP.

1.3. Contact Information

Jennifer Lynch

Staff Services Analyst

101 Hospital RD, 3rd Floor

Sonora, CA 95370

Email: jlynch@co.tuolumne.ca.us

Phone: (209) 533-7382

Department:

Health and Human Services Agency

Department Head:

Rebecca Espino

HHSA Director mailto:jlynch@co.tuolumne.ca.us tel:(209)533-7382

1.4. Timeline

Release of published RFP March 15, 2023

Deadline for receiving all questions March 24, 2023, 3:00pm

Deadline for RFP responses to be received by County

April 2, 2023, 5:00pm

Review Committee evaluates and ranks proposals

April 5, 2023

Commencement of negotiation period April 10, 2023

Notice of contract award (Tentative) April 11, 2023

Deadline for protests/appeals

(Tentative)

April 25, 2023

Contract executed (Tentative) April 27, 2023

2. SCOPE OF SERVICES

2.1. 1. SCOPE OF SERVICES (C-CFSR)

The County is seeking consultation services including, but not limited to:

• Consult and provide tangible, useable responses and recommendations regarding County processes related to the C-CFSR, including the County’s SIP, data, and all related materials. Meet with Adult, Child, and Family Services and Probation staff on an “as requested” basis to assist in the development and implementation of the County’s SIP in accordance with the C-CFSR County Self-Assessment Checklist for California

(Attachment B).

• Develop and manage PQCR and related focus group activities in accordance with the

CDSS-issued Peer Review and CSA Timeline (Attachment C).

• Review the County’s PQCR results and prepare the County Self-Assessment report ensuring inclusion of the Children’s Systems of Care, Integrated Core Practice Model and other state-mandated programs, to include the Office of Child Abuse Prevention mandates and related report submissions.

• Provide technical assistance for any finding in the CSA that drives the County’s SIP, to include recommendations for prevention planning.

2.2. 2. SCOPE OF SERVICES (Cal-OAR)

The County is seeking consultation services including, but not limited to:

• Consult and provide tangible, useable responses and recommendations regarding County processes related to the Continuous Quality Improvement (Cal-CQI) process, including the County’s Self-Assessment (Cal-CSA), County’s System Improvement Plan (Cal-SIP), data, and all related materials. Meet with CalWORKs staff, partners, and clientele on an

“as requested” basis to assist in the development and implementation of the County’s

Cal-SIP in accordance with the County Self-Assessment (Cal-CSA) CalWORKs County

CSA Report Template and ACL 19-108 (Attachment D).

• Conduct a County Self-Assessment, including local stakeholder engagement;

comprehensively evaluate an array of services, program implementation, and participant outcomes; and drafting the CalWORKs County Self-Assessment (Cal-CSA) Report.

• Develop a CalWORKs System Improvement Plan (Cal-SIP), with the inclusion of peer review participation.

• Develop and manage the Cal-CQI process and related focus group activities in accordance with the Cal-OAR Timeline (Attachment E).

• Review the County’s Performance Measures, Customer Satisfaction Survey results, County’s Data Dashboard, and local ad hoc reports in order to prepare the County Self-

Assessment.

• Provide technical assistance for any finding in the County Self-Assessment that drives the

County’s System Improvement Plan (Cal-SIP). Evaluate strategies and make recommendations on CalWORKs program improvement, identify strengths and challenges of current program practices and resource deployment, and identify how local operational decisions and systemic factors affect outcomes.

• Facilitate the County’s Peer Review, including identifying promising and best practices, discuss and brainstorm ideas to innovate and refine the County’s CalWORKs programs, discuss successes and challenges, troubleshoot roadblocks, and develop solutions with peer counties.

3. MINIMUM QUALIFICATIONS

A. MINIMUM QUALIFICATIONS (C-CFSR):

• Successful experience facilitating and writing County Self-Assessments and System

Improvement Plans.

• Knowledge of Human Services Agency programs, including Adult, Child, and Family

Services, social work, and Probation.

B. MINIMUM QUALIFICATIONS (Cal-OAR):

• Successful experience facilitating and writing County Self-Assessments and System

Improvement Plans.

• Knowledge of Human Services Agency programs, including CalWORKS and social work.

Other Desired Qualifications:

• Knowledge of or related to the California Statewide Automated Welfare System

(CalSAWS) and other related community organizations that may represent and/or support

CalWORKs/Welfare-to-Work (WTW).

4. PRICING PROPOSAL

NO VALUE

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Scope of Services (C-CFSR) 0 Lump Sum

2 Scope of Services (Cal-OAR) 0 Lump Sum

TOTAL

5. PROPOSAL PACKAGE REQUIREMENTS

Proposals are to be straightforward, clear, concise and responsive to the information requested.

In order for proposals to be considered complete, proposers must provide all requested information.

Each proposer must submit their response online via the County’s e-Procurement platform, https://secure.procurenow.com/portal/tuolumnecountyca.

5.1. Proposal Elements*

1. PROPOSAL ELEMENTS

Submit a copy of your organization’s proposed contract and Scope of Work. If the proposed contract does not address all the required elements below, please also submit a written narrative to address the missing elements only.

A. Scope of Services:

• Provide a complete list of services, describing how these services will address the requirements listed in Section Two of this RFP.

• Describe how you will approach providing services.

• Describe how your organization will integrate with the Health and Human Services

Agency, engaging with stakeholders and staff to elicit feedback for program assessments, planning, and follow-up.

• Describe your agency’s ability to perform services in a hybrid format, able to accommodate both in-person and virtual consultations and facilitation.

• Describe your agency’s ability to perform services in conformity with State deadlines per the State issued timeline for Cal-OAR and C-CFSR to be sure your proposal addresses readiness to provide services upon the successful execution of a contract.

• Describe how the proposed services will ensure continued compliance with all applicable laws and regulations.

B. Past & Present Performance:

• Provide a list of current and former work experiences that demonstrate your agency’s ability to perform the services solicited and described herein. This list will serve as a list of references.

• The County may contact some or all of the references provided. The County also reserves the right to contact references other than those provided in the proposal and to use the information gained from them in the evaluation process.

C. Staffing and Organization:

• Provide a staffing plan for meeting the requirements described in Section two of this

RFP.

1.1. File Upload*

Submit a copy of your organization’s proposed contract and Scope of Work.

*Response required

*Response required

6. RFP PROCESS

6.1. Submittal of Proposals

Sealed proposals must be received online, NO LATER THAN 5:00 pm on Sunday, April 2, 2023.

Proposals are to be submitted electronically using the County’s e-Procurement platform, https://secure.procurenow.com/portal/tuolumnecountyca. Proposals will be received only as instructed above, and must be received before 5:00 pm on Sunday, April 2, 2023. Proposals shall not be submitted via hard copy, (hand delivered or mailed), facsimile, nor via email. It is the sole responsibility of the proposer to properly upload its proposal so that it is received by the time and date required. Any proposal received after said time and/or date or in any other format other than as instructed herein, cannot be considered and will not be accepted. The County’s e-Procurement

Platform records the time stamp for every proposal submitted properly in the system. Once a proposal is submitted in the e-procurement platform, the Proposer will receive an email confirmation, and the proposal status will also show as “submitted.”

6.2. Submitter's Questions

Questions regarding the RFP must be submitted exclusively in writing to the County by 3:00 pm on Friday, March 24, 2023 via the County’s e-Procurement platform, in the Q&A tab. Except for questions that might render the award of this contract invalid, the County will not respond to any questions submitted after this time. The County will use an addendum to the RFP to post any questions received, along with written responses, on the County e-Procurement platform, https://secure.procurenow.com/portal/tuolumnecountyca. It is the responsibility of the proposers to check the County website to review the questions and responses. Any oral responses to questions are not binding on the County.

6.3. Cost of Developing the Proposal

All costs incurred in the preparation of a proposal are the responsibility of each proposer and will not be reimbursed by the County.

6.4. Proposal Terms and Conditions

It is the responsibility of each proposer to be familiar with all of the specifications, terms and conditions of the RFP. By the submission of a proposal, the proposer certifies that if awarded a contract, proposer will make no claim against the County based upon ignorance of or misunderstanding of the specifications.

Each proposer shall submit its proposal with the understanding that the proposal will become a part of the official file on this matter and shall be subject to disclosure, if requested by a member of the public, following the completion of negotiations.

By submitting a proposal, each proposer certifies that all statements in this proposal are true.

This constitutes a warranty, the falsity of which shall include the right, at the County’s option, of declaring any contract made, as a result thereof, null and void. Proposals shall be completed, executed, and submitted in accordance with the instructions of this RFP. If a proposal is not submitted in the format specified in this RFP, it may be rejected, unless the County determines that the nonconformity is either a minor irregularity or that the defect or variation in the proposal is immaterial or inconsequential. The County may give the proposer an opportunity to cure any deficiency resulting from a minor irregularity or an immaterial or inconsequential defect, or

County may waive such deficiency, whichever is most advantageous to the County.

The County cannot accept proposals from any individual who is currently employed with the

County of Tuolumne (California Government Code §29708).

6.5. Successful Proposal as Part of Contract Services

Proposals received in response to this solicitation, at the County’s discretion, may be incorporated into the awarded contract and may serve as basic terms and conditions for the ultimate contract. Therefore, proposers are advised that, if successful, they will be held responsible for levels of services proposed at the funding levels quoted. The County reserves the right to negotiate modifications or revisions to any awarded contract.

6.6. Evaluation of Proposals

See #Evaluation of Proposals.

6.7. Other Requirements

In order to contract with the County of Tuolumne, a proposer must meet the following requirements:

• Make available to the County its federal Tax Identification Number (TIN) or Social

Security Number (SSN).

• Comply with all Federal, State and local rules, regulations and policies, including but not limited to:

o Standard contract language of the County; and, o Insurance coverage to include worker’s compensation, general liability, auto liability and professional liability, unless waived by the County.

• Meet the requirements for audit of its expenditures if required in the above documents.

6.8. Non-Discrimination

Non-Discrimination: The Contractor selected through this RFP shall provide services without discrimination based on race, creed, color, ethnic or linguistic identification, gender or sexual preference, disability or handicap or any other basis prohibited by law.

6.9. Protest/Appeal Process

The following procedure is provided in the event that a proposer wishes to protest the RFP process or appeal the recommendation to award a contract for County Self-Assessment/System

Improvement Plan and Related Consulting Services once the Notices of Award/Non-Award have been issued.

https://secure.procurenow.com/portal/tuolumnecountyca/projects/40750?section=332273

Any protest must be submitted in writing to Health and Human Services Agency, 101 Hospital

RD, 3rd Floor, Sonora, CA 95370, Attention: Jennifer Lynch

The protest must be submitted before 5:00 p.m. of the tenth (10th) business day following the date of the Notice of Award.

The protest must contain a complete statement of the basis for the protest. The protest must include the name, address, telephone number and e-mail address of the person representing the protesting party.

The procedure and time limits are mandatory and are the proposer’s sole and exclusive remedy in the event of a bid protest.

Proposer’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.

Upon receipt of written protest/appeal, the HHSA Director will review and provide an opportunity to settle the protest/appeal by mutual agreement, will schedule a meeting to discuss or issue a written response to advise of an appeal/protest decision within five (5) business days of receipt of the appeal/protest.

6.10. Public Records Access

Proposers should be aware that submitted proposals are subject to the California Public Records

Act and may be disclosed to members of the public upon request. It is the responsibility of the proposers to clearly identify information in their proposals that they consider to be confidential under the California Public Records Act. To the extent that the County agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

All information regarding the proposals will be held as confidential until such time as the

Review Committee has completed its evaluation and, or if, contract negotiations are complete.

7. EVALUATION OF PROPOSALS

The objective is to perform a thorough and fair evaluation of submitted proposals and facilitate the selection of a contractor/consultant that best satisfies the County’s requirements. The following describes the evaluation process and associated components.

A. Selection Process:

1. The County shall name, for the purpose of evaluating the proposals for this RFP, a

Review Committee composed of representatives from the County. The County may also elect to include as part of the Review Committee qualified representatives from other agencies or entities.

2. Proposal documentation requirements set forth in this RFP are designed to provide guidance to proposers concerning the type of information that will be used by the

Review Committee. Proposers shall be prepared to respond to requests by the Review

Committee for additional items deemed necessary to assist in the evaluation process.

B. Evaluation Criteria & Scoring:

1. The Review Committee shall be responsible for performing the evaluations of each proposal. Each member of the Committee shall rate the proposers separately. The scores of each of the Committee members shall then be averaged to provide a total score for each of the proposers. The proposals shall be evaluated on the following categories and the maximum weight possible for each category is listed below.

C. Award:

Award will be made to the qualified proposer whose proposal will be most advantageous to the

County, with price and all other factors considered. The County will negotiate with the highest ranked proposer to develop the scope of work and contract for mutual satisfaction.

If the County cannot successfully negotiate a contract with the highest ranked proposer, the

County will terminate negotiations and begin negotiations with the next highest ranked proposer.

Proposers will receive mailed Award/Non-Award notification(s), which will include the name of the proposer to be awarded this contract.

Proposers are advised County reserves the following prerogatives:

• To reject any or all proposals;

• To consider historic information and fact, whether gained from the proposer’s proposal or any other source, in the evaluation process; and

• The proposer is cautioned that it is the proposer’s sole responsibility to submit information related to the evaluation categories and the County is under no obligation to solicit such information if it is not included with the proposal. Failure of the individual or firm to submit such information may cause an adverse impact on the evaluation of the proposal.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Completeness of Proposal Pass / Fail 5 (5% of Total)

2. Scope of Services 0-100 Points 50 (50% of Total)

3. Past and Current Performance/References 0-100 Points 15 (15% of Total)

4. Staffing and organization 0-5 Points 5 (5% of Total)

5. Budget 0-100 Points 20 (20% of Total)

6. Local Organization/Individual 0-5 Points 5 (5% of Total)

8. CONTRACT INFORMATION

8.1. Term/Termination

The term of the initial contract awarded under this RFP will be for: One (1) year. By mutual agreement, this contract may be extended for three (3) years, under the following circumstances:

• The County receives adequate funding to extend program operations;

• The Contractor has achieved demonstrable success by meeting all of the contract’s service requirements;

• The County continues to need the services purchased under this RFP;

• The Contractor is willing and able to modify the services provided to best meet the needs of the program as determined by the County.

The contract will be subject to termination by either party upon 60 days' written notice of intent to terminate. The County may terminate the contract at any time, without written notice, upon a material breach of contract by the Contractor.

8.2. Funding Availability

It is mutually agreed that if the County budget of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this

Agreement shall be of no further force and effect. In this event, the County shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this

Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

Contractor’s assumption of risk of possible non-appropriation is part of the consideration for this

Agreement. County budget decisions are subject to the discretion of the Board of Supervisors.

If funding for any fiscal year is reduced or deleted by the County budget for purposes of this program, the County shall have the option to either cancel this Agreement with no liability occurring to the County, or offer an Agreement amendment to Contractor to reflect the reduced amount.

8.3. Insurance

A. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO

CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers' Compensation: as required by the State of California, with Statutory

Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the County requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County.

B. Other Insurance Provisions: The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. Additional Insured Status. The County, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38;

and CG 20 37 if a later edition is used).

2. Primary Coverage. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the County, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the County, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

3. Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the County.

4. Waiver of Subrogation. Contractor hereby grants to County a waiver of any right to subrogation which any insurer of said Contractor may acquire against the County by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the County has received a waiver of subrogation endorsement from the insurer.

5. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the County. The County may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or County.

6. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the County.

7. Verification of Coverage. Contractor shall furnish the County with original

Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to County before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The County reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

8. Special Risks or Circumstances. County reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

9. Failure to Comply: Upon failure to comply with any of these insurance requirements, this Agreement may be forthwith declared suspended or terminated. Failure to obtain and/or maintain any required insurance shall not relieve any liability under this

Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the indemnification obligations.

8.4. Hold Harmless/Indemnification

Contactor shall hold harmless, defend and indemnify County and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs

(including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the County.

If such indemnification becomes necessary, the County Counsel for the County shall have the absolute right and discretion to approve or disapprove of any and all counsel employed to defend the County. This indemnification clause shall survive the termination or expiration of this

Agreement.