GraphicDesign RFQ_26_7074_rfq02.pdf

Solicitation No. 26-7047-RFQ02 Graphic Design Services

REQUEST FOR QUOTE (RFQ) No. 26-7047-RFQ02

GRAPHIC DESIGN SERVICES

October 31, 2025

DUE DATE

Thursday, November 13, 2025, at 2:30 p.m. EST.

Bids shall only be accepted via email at:

DPH-DCBOHpurchasing@dph.ga.gov

Subject line 26RFQ02 Graphic Design Services

Any bid submitted in any other format (paper, fax, mail, etc.) will not be accepted.

Instructions to Bidders:

1. All communications regarding this solicitation must be directed to the Procurement and

Contracts Supervisor, Shakera Hall, shakera.hall@dph.ga.gov.

2. All questions or requests for clarification must be sent via email at

DPH-DCBOHpurchasing@dph.ga.gov In the subject line, use RFQ Questions – Design Services. Questions are due no later than Wednesday, November 5, 2025, at 2:00 p.m.

EST. Questions received after this date and time may not be answered.

3. Questions and clarifications will be answered in the form of an addendum. Any addenda, schedule changes, and other important information related to this solicitation will be posted on the Georgia Procurement Registry and DKPH website, and it is the Offeror’s responsibility to check the Georgia Procurement Registry and DKPH website for any addenda or other communications related to this solicitation.

4. DeKalb Public Health reserves the right to reject all bids and to waive technicalities and informalities and make an award in the best interest of DeKalb Public Health.

5. DeKalb Public Health is not responsible for any technical difficulties. It is highly recommended that all potential contractors submit their proposals before the due date of this solicitation.

mailto:DPH-DCBOHpurchasing@dph.ga.gov mailto:shakera.hall@dph.ga.gov mailto:DPH-DCBOHpurchasing@dph.ga.gov

SUBMISSION COVERSHEET

COMPLETE AND RETURN THIS PAGE ALONG WITH THE LIST OF ITEMS BELOW

REQUEST FOR QUOTE

GRAPHIC SERVICES

Company Name

Contact Person

Address

Email Phone

You must complete and submit copies of the following items:

1. SUBMISSION COVERSHEET (page #2)

2. Exhibit B: COST PROPOSAL must be submitted separately from the Contractor’s bid and be titled, “Cost Proposal / Company Name.”

3. Exhibit C: Certificate of Insurance (COI) Not Applicable for this solicitation.

4. Exhibit D: CORPORATION WITHOUT CORPORATE SEAL STATEMENT OF CORPORATE

RESOLUTION

5. Exhibit E: CONSOLIDATED CERTIFICATE REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE

REQUIREMENTS

6. Exhibit F: E-VERIFICATION DOCUMENTATION – The Contractor Affidavit

7. Exhibit G: REFERENCE SHEET

8. PROVIDE ALL INFORMATION REQUESTED IN SUBMISSION REQUIREMENTS

SECTION 3.1 (RFQ)

By submitting a response to the RFQ, the contractor is acknowledging that the contractor:

1. Has read all the information and instructions, and

2. Agrees to comply with all the terms and conditions, information, and instructions contained in this RFQ.

Person Authorized to Sign on Behalf of the Contractor:

Signature: __________________________________________________________________

Printed Name/Title__________________________________________________________

1.1 OVERVIEW

DeKalb Public Health (DKPH) is seeking to establish a contract with one qualified Vendor who will provide graphic design to support REACH LEAD DeKalb’s strategies around physical activity, nutrition, and healthy family weight for the DeKalb Public Health (hereinafter referred to as “DKPH”) as further described in this RFQ.

2.1 SCOPE OF WORK

1. Design flyers, infographics, brochures, social media graphics, and event materials aligned with REACH/LEAD DeKalb branding and messaging.

2. Develop easy-to-understand visuals that communicate healthy behaviors around nutrition, physical activity, and weight management for diverse audiences.

3. Create graphics for campaigns, outreach efforts, and partnerships.

4. Design digital and print materials for community events and health programs.

5. Work closely with program staff to ensure visuals are accessible, inclusive, and impactful.

DELIVERABLES

1. Campaign Look and Feel

• Development of look and feel to inform campaign material design

• Includes two (2) rounds of DKPH review

2. Community Health Improvement Plan (CHIP) Document Layout

• Design and layout of report

• Report is no more than 70 pages

• DKPH will provide finalized content before design

• Includes two (2) rounds of DKPH review

3. Direct Mailer

• Development of direct mailers one (1)

• Direct mailer, two (2) pages in length

• DKPH will provide specific dimensions needed upon award

4. Flyer

• Development of two (2) flyers

• Flyer will have no more than two (2) pages, one (1) page double-sided in length

5. Ads- Print and Online Production

• Development of three (3) print ads and three (3) online publication ads, totaling 6

• DKPH will provide specific dimensions needed upon reward.

• Include in your cost the price of resizing images, as needed

6. Ads – Social media - Facebook, Instagram, LinkedIn, and X

• Development of 3 ads per social media platform noted above, totaling 12

• Include in your cost the price of resizing images, as needed

3.1 SUBMISSION REQUIREMENTS

Bids must be submitted referencing each Section below.

Section 1- History and Organizational Structure of the Firm

Provide a cover letter introducing the company and including the corporate name, address and telephone number of the corporate headquarters and local office. The name, email address, and phone number of one individual who will serve as the company’s primary contact with DKPH for contract negotiation, as well as the name of the project manager.

A brief history of the company and the present organizational structure of the firm, describing the management organization, permanent employees by discipline, and this project’s coordination structure; if the firm is a partnership, indicate the name of all partners, if incorporated, indicate where and when. If the Contractor has changed names or incorporation status within the last five (5) years, then please list all of such preceding organizations and a brief reason for the change. Contractor shall also provide a business license indicating that the Contractor can conduct business in DeKalb County, Georgia.

Further, Contractor shall provide documentation showing that the Contractor is properly registered to conduct business in the State of Georgia. Contractor acknowledges and agrees that any business license and registration must remain current for the duration of the contract and such documents are material term to this agreement.

Section 2 - Company Qualifications and Experience

1. Describe your company’s approach to achieving each proposed deliverable service identified in the Scope of Work.

2. Detail your experience in providing each service outlined in the Scope of Work. Give specific, relevant examples of prior projects of similar scope and nature.

3. Provide your company’s current timelines for the various processes and turnaround time for each deliverable requested in this RFQ.

Section 3 – Cost

Provide your cost on the DKPH bid schedule form, attached as Exhibit B. Please refer to the deliverable specifications on pages 3 and 4 when completing Exhibit B.

4.1 EVALUATION

Contract award(s) will be made to the Contractor(s) that bids considered most advantageous to DKPH based on the process and the evaluation criteria set forth below.

Bids that are deemed to be responsive will be submitted to the evaluation committee for review. Bids that are deemed to be non-responsive will not be evaluated or considered for award. Proposals that do not contain pricing information will not be considered for an award.

4.2 Method of Award

Award of this contract will be awarded to the most responsive, responsible Bidder(s). If a Bidder fails to submit an offer for all items on the cost proposal form its offer may be rejected.

4.1 Price

The pricing proposed by the Bidder shall be fixed for the duration of the contract award period.

4.2 Warranty

A. Type of Warranty Coverage Required

Bidder(s) shall warrant the products and/ or services against faulty labor and/or defective material for no less than ninety (90) calendar days after the date of acceptance by DeKalb Public Health. This warranty requirement shall remain in effect for the full period identified above; regardless of whether the Bidder is under contract with DeKalb Public Health at the time of defect. Any payment by DeKalb Public Health on behalf of the goods or services received from the Bidder does not constitute a waiver of these warranty provisions.

B. Correcting Defects Covered Under Warranty

Bidder(s) shall be responsible for promptly correcting any deficiency, at no cost to DeKalb Public Health within seven (7) calendar days after DeKalb Public Health notifies the Bidder of such deficiency in writing. If the Bidder fails to honor the warranty and/or fails to correct or replace the defective work items within the period specified, DeKalb Public Health may at its discretion, notify the Bidder, in writing, that the Bidder may be subject to contractual default if the corrections or replacements are not completed to the satisfaction of the DeKalb Public Health within five (5) calendar days of receipt of the notice. If the Bidder fails to satisfy the warranty within the period specified in the notice, the DeKalb Public Health may (a) place the Bidder in default of its contract, and/or (b) procure the products or services from another Bidder and charge the awarded Bidder for any additional costs incurred by DeKalb Public Health for the work or items invoiced.

4.3 Acceptance of Product & Service

The products and services to be provided hereunder shall be delivered to DeKalb Public

Health and maintained in full compliance with the specifications and requirements set forth in this contract. If a Bidder’s product or service is determined to not meet the specifications and requirements of this contract, either prior to acceptance or upon initial inspection, the Bidder shall provide a direct replacement for the item and installation. The Bidder shall not assess any additional charge(s) for any conforming action taken by DeKalb Public Health under this clause.

4.4 Invoices

The Contractor shall submit a fully itemized invoice that references the DeKalb Public Health contract number, material descriptions, quantities, unit price(s), and service location(s).

TERMS AND CONDITIONS

1. CONTRACT: The request for proposal invitation, terms and conditions, the specifications and the received proposal form the contract and they shall be fully part of the contract, as if thereto attached, or therein repeated. These documents represent the entire agreement between the successful vendor and DeKalb Public Health (“DKPH”) and supersede any prior discussions or negotiations, representations, or agreements, either written or oral. Contracts, if awarded, will be awarded to responsible proposers whose proposals will be most advantageous to the DKPH, cost and other factors considered. The determination will be solely at the discretion of the DKPH.

Based upon the availability of funding and the assumption of satisfactory performance by the responder awarded the initial contract, it is the intent of the DKPH to enter into a series of four (4), one-year renewable contracts. The contract shall not bind, nor purport to bind, the DKPH for any contractual commitment in excess of the original contract period, which is anticipated to be July 1, 2024, through June 30, 2025.

In the event that DKPH exercises the right to renew, all terms, conditions, and specifications of the original contract, as amended, shall remain the same and apply during the extension period. A period not less than three years, or no more than five years, in duration. If an extension option is exercised, such shall be accomplished in writing between the contractor and DKPH’s Procurement and Contracts Division.

2. The DKPH reserves the right to reject or accept any or all proposals and to waive informalities, minor irregularities and technicalities in proposals received, whichever is deemed to be in the best interest of the DKPH, and to re-advertise.

3. The DKPH may accept any items or group of items of any proposal unless the proposer qualified his proposal by specific limitations.

4. COMPLETION: The Offeror shall read proposal carefully, complete all entries, and submit all documents or information requested. Failure to do so may result in rejection of the proposal.

5. CONTRACT RENEWAL: After the initial contract term, the DKPH reserves the right to renew the contract for four (4) additional years if the vendor and the DKPH mutually agree. Renewing the contract would imply doing so under the same terms and conditions unless proposed changes are mutually agreed upon by both parties.

6. FUNDING: If for any fiscal year (July 1 to June 30) of this contract, DKPH for any reason, fail to appropriate funds for these services, the DKPH will notify the vendor immediately and will no longer be obligated under the contract.

7. EXCEPTIONS: Proposals meeting the requirements of this document shall be considered. Offerors taking exception to any of the terms, conditions or offering substitutions shall state these exceptions plainly on the Exceptions Page of this document.

8. DEVIATIONS to any/all requested options in this proposal are subject to approval by DKPH prior to any resultant award.

9. QUANTITIES: Unless otherwise noted, any quantities provided for this Request for

Proposal are estimated volume and do not represent a purchase contract quantity.

DKPH reserves the right to purchase quantities that are fewer, greater, or even none for the line items presented based on needs at given times during the period of this pricing contract. The DKPH reserves the right to not consider a proposal if a service charge, minimum dollar, or minimum quantity is applied.

10. OFFER TIMELINE: Offeror agrees to keep their offer open for acceptance by the

DKPH for no less than ninety (90) days from the CSP response date and time.

11. COMPLIANCE: Under this contract, the DKPH Procurement Supervisor will have the responsibility to ensure compliance with contract requirements, such as but not limited to acceptance and inspection of equipment and services provided.

12. UNDERSTANDING: Offeror, by making his/her proposal, represents that he/she has read and understands the request for proposal.

13. PURCHASE ORDER: DKPH limits its purchases through the use of properly approved and authorized purchase orders. The successful vendor must be able to accept purchase orders via email (preferred) or facsimile (FAX). Therefore, the purchase order number shall appear on ALL itemized invoices to ensure payment.

14. Any contract(s) or agreement(s) signed by any DKPH employee other than the

District Health Director or their designee is considered null and void.

15. INVOICING: The vendor shall submit itemized invoices within a 30-day window of service during the DKPH’s fiscal year in which the items were purchased. Invoices shall indicate the vendor contract number with the DKPH along with the DKPH contract number. Invoices shall be issued only for services provided. Payment shall not be due until the invoice(s) are submitted after delivery of service. Payments will be made within thirty (30) days of receipt of an accurate non-disputed invoice. All invoices can be mailed directly to: DKPH, Attention: Accounts Payable Department, P.O. Box 987, Decatur, Georgia 30031 and to the Program Manager.

16. TAX EXEMPTION: DKPH, by law, is exempt from most taxes. Offeror to retain on file a copy of a tax-exempt form submitted by DKPH. Offeror is encouraged to allow for an automated tax exemption, not requiring the department buyer to request exemption. Do not include tax in your bid totals. If awarded contract, Offeror may obtain a copy of the DKPH Tax Exemption Certificate by contacting the DKPH Purchasing Department.

17. SIGN-IN AND IDENTIFICATION BADGES: For safety purposes, all vendors will sign-in at the DKPH or administration front desk when entering a DKPH facility.

All vendors will be expected to show their driver’s license or other government issued photo identification card to the employee at the front desk at the administration office.

18. FAILURE TO ABIDE BY TERMS: If at any time, a vendor fails to fulfill or abide by the terms, conditions, or specifications of the contract, or to perform by providing the items/services at the price submitted or within the specified time frame, the DKPH reserves the right, upon written notice to the vendor to cancel the contract.

19. DEFAULT: Prior to the cancellation of the contract for default, DKPH’s

Procurement and Contracts Division will advise the vendor, in writing, of their intentions, and the reasons for such intentions. The vendor will be allowed fifteen

(15) days to cure the default condition. If such condition is not cured to the satisfaction of the DKPH after that time, then the cancellation of the contract may be executed.

20. GIFTS: Please note that a “gift to a public servant” is a Class A misdemeanor offense if the recipient is a government employee who exercises some influences in the purchasing process of the governmental body. This would certainly apply to anyone who helps establish specifications or is involved in product selection or directs a purchase.

21. INTERLOCAL AGREEMENTS, PURCHASING COOPERATIVES: The DKPH reserves the right to utilize other DKPH contracts, State of Georgia contracts, contracts awarded by other Governmental Agencies, other Boards, or cooperative agreements in lieu of any offer received, or award made as a result of this proposal, if it is in the DKPH’s best interest to do so.

22. VENUE: Both parties agree that venue for any litigation arising from this contract shall lie in DeKalb County, Georgia.

23. INSURANCE. Prior to beginning work, the successful contractor is required to furnish Certificates of Insurance as may be required by the DKPH and described in the specifications (Exhibit A)

24. PERFORMANCE: Prospective vendor must affirmatively demonstrate responsibility through a satisfactory performance record. Each Offeror is required to submit with their proposal a list of three (3) references of organizations for which they currently or have provided products/services to within the last three (3) years. The list shall include the company/entity name, address, contact name, and telephone number.

25. PLACES OF BUSINESS: Prospective vendor may be required to furnish evidence in writing that they maintain permanent places of business and have adequate places of business and have adequate equipment, finances, and personnel to furnish the items/services offered satisfactorily and expeditiously.

26. EXCEPTIONS: Offerors taking exception to the terms and conditions or specifications of this proposal shall state these exceptions plainly on the Exception Page of the proposal document. If no exceptions are indicated on the submitted form, it will be assumed that your proposal complies with our document.

27. PRICING: Negotiation may be a part of this process. Therefore, vendors are cautioned to submit their most competitive price for their product and service the first time through on the Proposal Response forms. If the scope of the proposal and all other requirements are met initially, there may not be any need for negotiation with any vendor.

28. AWARD: It is the intention of the DKPH to establish a list of as many offerors as successfully respond to this RFQ. DKPH does not guarantee any quantities or dollar amounts relating to this proposal, as items and/or services will be purchased on an “as needed” basis with available funding. Purchases will be based upon the DKPH’s needs throughout the period covered by this proposal.

29. NOTIFICATON OF AWARD: All vendors properly responding on time to this proposal with all of the required documents complete, will be considered for award.

The DKPH may elect to issue subsequent proposals and approve additional vendors for the same or similar items/services during the agreement period, if it is determined to be in the best interest of the DKPH.

30. CANCELLATION: DKPH shall have the right to cancel for default all or any part of the undelivered portion of this order/service if vendor breaches any of the terms hereof including warranties of vendor or if the vendor becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies, which DKPH may have in law or equity.

31. FORCE MAJEURE: If by reason of Force Majeure (unforeseeable circumstances), either party hereto shall be rendered unable wholly or in part to carry out its obligations under this agreement, then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, acts of public enemy, orders of any kind of government of the United States or the State of Georgia or any civil or military authority;

insurrections; epidemics; landslides; land sinkage; lightning; earthquakes; fires;

hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions; breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability.

32. ASSIGNMENT DELEGATION: No right or interest in this contract shall be assigned or delegation of any obligation made by vendor without the written permission of DKPH. Any attempted assignment or delegation by vendor shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

33. WAIVER: No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved.

34. INTERPRETATION PAROLE EVIDENCE: This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplementing or explaining any term used in this agreement. Acceptance or acquiescence in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control.

35. ADVERTISING: The vendor shall not advertise or publish, without DKPH’s prior consent the fact that DKPH has entered into this contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state, or local government.

36. RIGHT TO ASSURANCE: Whenever one party to this contract in good faith has reason to question the other party’s intent to perform, he/she may demand that the other party give written assurance of his/her business intent to perform. In the event that a demand is made, and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract.

37. DISCLOSURES: By signing this proposal, a vendor affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the proposal submitted. Vendor shall note any and all relationships that might be a conflict of interest and include such information with the proposal (Conflict of Interest Questionnaire). By signing this proposal, a vendor affirms that, to the best of his/her knowledge, the proposal has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give them an unfair advantage over other vendors in the award of this proposal.

38. TERMINATION OF CONTRACT: It is understood that the DKPH retains the option to terminate this Agreement for any reason at the end of each contract year without pecuniary risk or penalty or at any point during the contract term with evidence of just cause. The termination will become effective, and this Agreement shall terminate sixty (60) days prior to the end of the contract year or for just cause.

The termination will become effective, and this Agreement shall terminate sixty (60) days following written notification of intent.

39. CONFIDENTIAL OR TRADE SECRETS If any of the information is confidential or a trade secret belonging to the vendor and, if release would give advantage to a competitor or vendor, that information should be filed with the proposal in a separate envelope marked “CONFIDENTIAL – DO NOT DUPLICATE WITHOUT

PERMISSION”.

Acceptance of such materials does not constitute an admission by DKPH that the materials are confidential or a trade secret. CRIMINAL RECORDS HISTORY:

The vendor shall insure that all entities with which it contracts shall supply information regarding criminal records history of any employee, agent or consultant who shall be present on DKPH’s property at any time. Under no circumstances shall any entity be allowed to use employees, agents or consultants present on site who have been convicted of a felony or a crime involving sexual misconduct.

40. COMPETITIVE PROCUREMENT: This RFQ is part of a competitive procurement process which helps to serve the DKPH’s best interest. It also provides vendors with a fair opportunity for their products to be considered. The process of competitive negotiation being used in this case shall not be confused with the different process of competitive sealed bidding. The latter process is usually used where the goods or services being procured can be described precisely and price is generally the determinative factor, although it may be, and the DKPH has the flexibility it needs to negotiate with vendors to arrive at a mutually agreeable relationship.

41. LENGTH OF CONTRACT: All responses to the RFQ shall be valid for the date of DKPH approval with the possibility of four (4) additional annual renewals between the DKPH and the Vendor.

42. ACCEPTANCE: This will be a single or multi-vendor award. DKPH reserves the right to accept or reject any or all of the proposals submitted, waive minor technicalities, and accept the offer most advantageous to the DKPH. Contract, to awarded vendor, will be based on the determined “best value for the DKPH”.

43. OTHER REQUIREMENTS: The warranty, general, special terms and conditions, insurance, submittal documents and specifications as stated herein shall apply and shall not be nullified, voided or altered in any way by the inclusion of the Offeror’s pre-printed forms with this proposal or any other document submitted during delivery of product, invoicing, acknowledgement letters, emails, faxes, routing communications between the contracted parties, of subcontract employees, or third parties unless specifically acknowledged and agreed to in writing by DKPH.

44. PERFORMANCE. The responsibility for compliance with this solicitation and the subsequent contract shall be with the submitting Offeror. Awarded Offerors are expected to provide prompt service that is due under this contract including warranties. Past performance of the Offeror may be a factor in awarding future contracts.

45. Any problems or discrepancies that are not covered by the above requirements should be directed to the DKPH Office of Purchasing for a determination or clarification prior to any action taken on said problem or discrepancy. If the Offeror fails to make such request, no excuse will thereafter be entertained for failure to carry out the work in a satisfactory manner. All bidders shall provide detailed explanations of any variances or exceptions the Offeror has with any requirement or terms specified in this RFQ and shall thoroughly explain any alternate service offered. DKPH is not responsible for any costs incurred by the vendor for the preparation or distribution of this bid. Respondents or other authorized representatives are expected to fully inform themselves as to all conditions, requirements, and specifications before submitting offers. Failure to do so will be at the Offeror’s own risk. Proprietary information, if any, submitted to DKPH in response to this bid should be identified as such. Any information identified as proprietary will be handled in accordance with the provisions of the Georgia Open Records Public Information Act as it applies to such information.

46. DKPH LICENSING PROGRAM: The DKPH logo cannot be used without the expressed, written permission of the DKPH

47. PURCHASE ORDER. Proposer must accept the ordering of services via DKPH purchase order. This portion of the RFQ pertains to the offeror selected for final contract award (“contractor”).

48. INCREASES. If deemed appropriate by the DKPH, extension period percentages of increase shall be negotiated with the contractor. If a mutual agreement cannot be reached, the DKPH reserves the right to rebid.

49. ADDITIONAL SERVICES. DKPH reserves the right to request the contractor to provide additional services not outlined herein. In the event this occurs, compensation will be negotiated at that time.

50. COST. Unless otherwise specified herein, the contractor shall be responsible for furnishing all material, labor, facilities, equipment, and supplies necessary to perform the services required herein.

51. INDEPENDENT CONTRACTOR. The contractor represents itself to be an independent contractor offering such services to the general public and shall not represent itself or its employees to be employed by the DKPH. The sole relationship between DKPH and the contractor is as established by this contract. The contractor acknowledges responsibility for filing all returns and paying all taxes, FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage requirements, overtime, etc., associated with the performance of the contractual requirements herein, and agrees to indemnify, save, and hold the DKPH, its officers, agents, and employees, harmless from and against, any and all losses, costs, attorney fees, and damage of any kind related to such matters. Upon request, the contractor shall provide DKPH evidence of compliance with these requirements.

52. COMMUNICATION ON PROJECTS. The contractor shall fully coordinate its activities in the performance of the contract with those of the DKPH. As the work of the contractor progresses, advice and information on matters covered by the contract shall be made available by the contractor to the DKPH throughout the contract period.

53. OWNERSHIP OF MATERIALS. The contractor shall agree and understand that all reports and material developed or acquired by the contractor as a direct requirement specified in the contract shall become the property of the DKPH. No reports or material prepared, as required by the contract, shall be released to the public without the prior written consent of the DKPH.

54. INDEMNIFICATION. The contractor shall understand and agree that DKPH cannot save and hold harmless and/or indemnify the contractor or employees against any liability incurred or arising as a result of any activity of the contractor or any activity of the contractor's employees related to the contractor's performance under the contract. Therefore, the contractor must acquire and maintain adequate liability insurance in the form(s) and amount(s) sufficient to protect DKPH, its agencies, its employees, its clients, and the general public against any such loss, damage and/or expense related to his/her performance under the contract. The insurance shall include an endorsement that adds DKPH as an additional insured.

The contractor shall not be responsible for any injury or damage occurring as a result of any negligent act or omission committed by DKPH or its employees.

55. CONFIDENTIAL INFORMATION. Inasmuch as under the contract the contractor may acquire confidential information, the contractor agrees to use such information only for the sole benefit of the DKPH and to keep confidential such information, as well as all information developed in the conduct of the work contracted for including information disclosed by the DKPH to contractor or any other person engaged in the contracted work. The contractor further agrees that all data, technical information, and reports developed by contractor or any person engaged in the contracted work are the property of the DKPH and shall not be disclosed to others at any time or used for any other purpose other than for the sole benefit of the DKPH, and that upon termination of the contract, or at any other time the DKPH requests, the contractor or any other person involved in the contracted work will transmit to the DKPH any written, printed, or other materials embodying such confidential information, including all copies and excerpts thereof, given to, prepared by or for the contractor, or any other person involved in the contracted work. It is further understood and agreed that this obligation to keep such information confidential shall continue at all times beyond the completion of the contracted work. W-2 tax information would be the most sensitive file the DKPH would send to the contractor (once annually).

56. The contractor shall agree and understand that all exhibits, materials, digital files, artwork, design features and concepts developed as a result of the contract shall become the property of the DKPH, with all rights and interests for present and future publication, display, sale, copyright, or other use as deemed appropriate by the DKPH.

57. COMPLY WITH APPLICABLE LAW. The contractor must comply with all existing or future applicable laws, including but not limited to, those pertaining to soy-based ink and recycled paper.

58. NO EXCLUSIVE ARRANGEMENT. The contractor agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the DKPH may secure identical and/or similar services from other sources at any time in conjunction with or in replacement of the contractor's service.

59. VIOLATIONS. If the contractor is found to be in violation of this requirement or the applicable state, federal and local laws and regulations, and if the DKPH has reasonable cause to believe that the contractor has knowingly employed individuals who are not eligible to work in the United States, the DKPH shall have the right to cancel the contract Immediately without penalty or recourse and suspend or debar the contractor from doing business with the DKPH. The DKPH may also withhold up to twenty-five percent of the total amount due to the contractor.

60. AUDIT. The contractor shall agree to fully cooperate with any audit or investigation from federal, state, or local law enforcement agencies.

61. CONTRACT MODIFICATIONS: With the exception of specifically designated persons in the Office of Purchasing selected for this purpose by the DKPH, employees of the DKPH are not authorized to modify, interpret, or clarify such terms, conditions or specifications, and proposers should not rely on the presentments of employees or agents other than those with express authority to make such presentments.

Exhibit A

Sample Standard Contract Document for Professional Services

STATE OF GEORGIA CONTRACT NO.:

COUNTY OF DEKALB 22-0000-Co000-00

ARTICLE 1 - CONTRACT BETWEEN

This contract is between the DeKalb County Board of Health dba DeKalb Public Health, legally empowered to contract pursuant to the Georgia Health Code and hereinafter referred to as the

"DKPH"

and

__________________________________, a _______________________________________ located at _________________________________________, and hereinafter referred to as the "Contractor."

This contract, made as of this _____, day of, shall constitute the terms and conditions under which the contractor shall provide ____________________________________ on behalf of

DKPH.

ARTICLE 2 - CONTRACT PERIOD

This contract shall be effective upon execution and shall be reviewed annually. This contract has

(4) annual renewal options unless terminated earlier under other provisions herein.

ARTICLE 3 – DKPH AND CONTRACTOR AGREEMENTS

NOW, THEREFORE in consideration of the mutual covenants herein set forth, it is agreed by and between the parties hereto as follows:

WHEREAS DKPH desires professional ___________________________________

And

WHEREAS the contractor has represented to DKPH that they are an organization that is willing and able to provide such services:

DKPH agrees to:

1. Comply with all reasonable requests from the contractor that are necessary for the performance of the duties within the scope of services.

2. Compensate the contractor per Article 7 - Terms of Payment.

3.

ARTICLE 4 - CONTRACT MODIFICATION

This contract may be modified by mutual consent at any time, but no modification or alteration of this contract will be valid or effective unless such modification is made in writing and signed by both parties and affixed to this instrument.

ARTICLE 5 - CONTRACT TERMINATION

A. DKPH may terminate this contract, in whole or in part, for DKPH's convenience, or because of failure of the contractor to fulfill the obligations herein in any respect. DKPH shall terminate by delivering to the Contractor, with at least thirty (30) days’ notice, a Notice of Termination specifying the nature, extent, and effective date of termination. The Contractor shall be paid for services rendered up to the date of termination. Notice shall be given in accordance with Article 12 herein.

B. Notwithstanding the foregoing, this contract is subject to the availability of funds to DKPH to provide reimbursement for services rendered. In the event that the source of reimbursement no longer exists, then this contract shall terminate immediately upon the giving of notice of such to the Contractor, without further obligation of DKPH, and the contractor shall be paid as provided herein for services rendered up to the date of termination.

Notice shall be given in accordance with Article 12 herein.

ARTICLE 6 - CONTRACT SUSPENSION

DKPH reserves the right to suspend the contract in whole or in part under this provision, if it appears to DKPH, in its sole discretion, that the contractor is failing to comply with any one or more of the following: (1) the quality of service; (2) the specified completion schedule of Contractor's duties required under this contract; (3) the documentation requirements for proof of reimbursable expenses prior to payment thereof; or (4) the programmatic performance or service deliverables set forth herein. DKPH will send written notice to the Contractor, as notification of DKPH's action under this Article, specifying the nature of the non-compliance and the actions necessary to correct the non-compliance. The Contractor will immediately discontinue services and will have ten (10) calendar days from receipt of such notice to cure, remedy or correct the non-compliance to DKPH's satisfaction. The Contractor will receive no payment for services rendered during the suspension period. If DKPH, in its sole discretion, is satisfied with Contractor's response, DKPH may lift the suspension of the contract, and both parties will resume full performance under the contract. If the Contractor does not provide a satisfactory response to DKPH within the ten (10) day period, then this contract shall immediately terminate without further obligation by DKPH. The Contractor shall be paid up to the date of suspension.

ARTICLE 7 - TERMS OF PAYMENT

In accordance with the Contractor’s completed and accepted “Cost Proposal” attached as Exhibit ___, the total amount of the contract shall not exceed __________________________

($_________). Assuming satisfactory performance, payments will be made by DKPH to the contractor upon receipt and acceptance of an invoice from the Contractor.

ARTICLE 8 - PUBLICITY

Any publicity given to the program or services provided herein, including, but not limited to, notices, information pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Contractor, shall not identify DKPH as a sponsoring agency without prior approval by DKPH's managing programmatic division/office. In addition, the contractor shall not display DKPH's name or logo in any manner, including, but not limited to, display on Contractor's letterhead or physical plant, without the prior written authorization of DKPH.

ARTICLE 9 - NON-DISCRIMINATION

A. Non-discrimination in Employment Practices: The Contractor agrees to comply with Federal and State laws, rules and regulations and the Rules and Regulations of the State Personnel Board if applicable relative to non-discrimination in employment practices because of political affiliation, religion, race, color, sex, handicap, age, or national origin.

B. Non-discrimination in Client/Client Service Practices: The Contractor agrees to comply with Federal and State laws, rules, and regulations relative to non-discrimination in client and client service practices because of political affiliation, religion, race, color, sex, handicap, age, or national origin.

C. Compliance with Applicable Provisions of the Americans with Disabilities Act: The Contractor agrees to comply with all applicable provisions of the Americans with Disabilities Act (ADA) and any relevant federal and state laws, rules, and regulations regarding employment practices toward individuals with disabilities and the availability/accessibility of programs, activities, or services for clients with disabilities.

ARTICLE 10- INDEPENDENT CONTRACTOR

The relationship between DKPH and the Contractor shall be that of the owner and an independent Contractor. Nothing contained in this contract shall be construed to constitute the contractor or any of its employees, agents, or subcontractors as a partner, employee, or agent of

DKPH.

ARTICLE 11 - SUBCONTRACTS

Any subcontracts or delegation of the authority herein shall be submitted to DKPH for review and approval prior to execution of the subcontract. The Contractor shall specifically identify the proposed work for subcontracting and the proposed subcontractor to complete the subcontracted work. The subcontract will be null and void if entered into without the express, written consent of DKPH.

The Contractor specifically agrees to be responsible for the performance of any subcontractor or other duties delegated and all provisions of this Contract. The Contractor will ensure that the subcontractor both understands and abides by all pertinent provisions of this contract and all regulations applicable to the subcontractor. The Contractor agrees to reimburse DKPH for any federal, state, county or local audit disallowances arising from the subcontractor’s performance or non-performance of duties under this contract which are delegated to the subcontractor.

ARTICLE 12 - NOTICE

All notices and other communications required or permitted under this contract shall be in writing and shall be deemed given when delivered personally or five days after being sent by registered mail, postage prepaid, and addressed as follows:

DKPH: Bjay Wylde Contractor: _____________________________ Chief Operating Officer _____________________________ DeKalb Public Health _____________________________ 445 Winn Way, PO Box 987 _____________________________ Decatur, Georgia 30030 _____________________________ Email: bjay.wylde@dph.ga.gov

ARTICLE 13 - GEORGIA LAWS GOVERN

This contract shall be governed by, construed, and enforced in accordance with the laws of the State of Georgia. The Contractor certifies that it is not currently engaged in a boycott of the nation of Israel and that it will not engage in such a boycott for the duration of this contract as defined in O.C.G.A. § 50-5-85.

ARTICLE 14 - VENUE

This contract shall be deemed to have been made and performed in DeKalb County, Georgia.

For the purposes of venue, all suits or causes of action arising out of this contract shall be brought in the courts of DeKalb County, Georgia.

ARTICLE 15 - SOLE AGREEMENT

This contract constitutes the sole agreement between the parties. No representation oral or written not incorporated herein shall be binding upon the parties.

ARTICLE 16 - RECORDS

Contractor shall keep and maintain appropriate accounts and financial records pertaining to costs incurred on this contract in a manner consistent with applicable Federal, State or Local agencies' regulations. The Contractor shall make these records available for audit as may be required by appropriate Federal, State, or Local agencies, statutes, and regulations. Such records shall be held for a retention period of three (3) years from the date of the last payment or until any pending litigations, claims, or audit findings are resolved.

mailto:bjay.wylde@dph.ga.gov

ARTICLE 17 - CERTIFICATION REGARDING LOBBYING, DEBARMENT,

SUSPENSION & DRUG-FREE WORKPLACE

Contractor certifies compliance with certification requirements as identified at 34 CFR Part 82 and 85 by signing Exhibit D attached to this contract.

ARTICLE 18 – IMMIGRATION AND SECURITY REFORM AND CONTROL ACT

COMPLIANCE (if applicable)

Contractor agrees that throughout the performance of this contract it will remain in full compliance with all federal and state immigration laws, including but not limited to provisions 8 USC § 1324a and Act 457 of the 2006 Session of the Georgia General Assembly (Georgia Security and Immigration Compliance Act, effective July 1, 2007) regarding the unlawful employment of unauthorized aliens and verification of lawful presence in the United States. The Contractor will ensure that only persons who are citizens or nationals of the United States or non-citizens authorized under federal immigration laws are employed to perform services under this contract or any subcontract hereunder. (Titles 13, 16, 35, 42, 43, 48, and 50 of the Official Code of Georgia Annotated, enacted effective July 1, 2007).

Contractor further certifies by executing Exhibit E, The Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1), it will comply with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act O.C.G.A. 13-10-90 et.seq. The Contractor further agrees to include the provisions contained in the foregoing paragraph in each subcontract for services hereunder. The Contractor shall not retaliate against or take any adverse action against any employee or any subcontractor for reporting or attempting to report, a violation(s) regarding applicable immigration laws.

ARTICLE 19 - BOARD REPRESENTATIVE

For purposes of administering this contract, DKPH shall be represented by the Director of Health, as Chief Executive Officer of DKPH, or his designee. Said Director/Chief Executive Officer shall, in accordance with the By-Laws of Board, act on behalf of DKPH in receiving notices and in performing the functions of Board as required by this contract.

ARTICLE 20 - AIDS POLICY

Contractor agrees, as a condition to the provision of services to DKPH's clients/patients, not to discriminate against any client/patient who may have AIDS or be infected with Human Immunodeficiency Virus (HIV). The Contractor is encouraged to provide or cause to be provided appropriate AIDS training to its employees and to seek AIDS technical advice and assistance from the appropriate division or office of DKPH, as the Contractor deems necessary. The Contractor further agrees to refer those clients/patients requesting additional AIDS-related services or information to the appropriate county health department.

ARTICLE 21 - CONTRACTOR COMPLIANCE WITH STATE AND FEDERAL LAWS,

RULES, REGULATIONS, AND STANDARDS

Contractor agrees that all work done as part of this contract will comply fully with all administrative and other requirements established by applicable federal and state laws, rules and regulations, and assumes responsibility for full compliance with all such laws, rules, and regulations, and agrees to fully reimburse DKPH for any loss of funds or resources resulting from non-compliance by the Contractor, its staff, agents, or sub the Contractor as revealed in any subsequent audits. The Contractor understands that the following items specifically apply to this contract, but do not exclude any other applicable federal or state laws or requirements.

A. 45 CFR Part 74; as used in this contract, the word The Contractor is synonymous with the word Subgrantee as used in this Code of Federal Regulations.

B. Fair Labor Standards Act of 1938, as amended.

C. Public Health Service Act, Title X (42CFR, Subpart A, Part 59), Section 1001 P.L. 78- 410.

ARTICLE 22 - INDEMNIFICATION

Contractor shall defend, indemnify, and hold harmless DKPH, its members, employees, agents, contractors, and officials, for any claims, charges or suits that arise due to the Contractor's error, omission, negligence, or acts.

ARTICLE 23 - NON-SMOKING POLICY FOR CHILDREN'S SERVICES

Contractor agrees to comply with Public Law 103-227, also known as the Pro-Children Act of 1994, which requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by the contractor and used routinely or regularly for the provision of health care, daycare, early childhood development services, education or library services to children under the age of 18.