Prop_47_Cohort_5_Grant:_Programming_Services.pdf

Prop 47 Cohort 5 Grant: Programming Services

Request For Proposal (RFP #RFP-2025-0128)

Tuolumne County

Probation Department

Issued: Friday, July 17, 2026

REQUEST FOR PROPOSAL (RFP No. RFP-

2025-0128)

PROP 47 COHORT 5 GRANT: PROGRAMMING

SERVICES

Deadline for Submission of Proposals: Sunday, August 9, 2026

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/tuolumnecountyca

Table of Contents

1. Introduction

2. Scope of Services

3. Minimum Qualifications

4. Proposal Package Requirements

5. RFP Process

6. Evaluation of Proposals

7. Contract Information

Attachments:

A - Exhibit A - Prop47 CBO Data Collection & Reporting Requirements

B - Exhibit B - Prop 47 Cohort 5 Data Template

C - Exhibit C - Tuolumne County Prop 47 Cohort 5 Application

1. Introduction

1.1. Summary

The County of Tuolumne (County), through the Probation Department, is soliciting proposals from qualified organizations to provide case management, risk/needs assessments, outpatient

SUD treatment, employment & education programming, and community navigation under the

County’s Proposition 47 Cohort 5 initiative.

This initiative represents a coordinated, multi-agency effort to expand diversion and treatment opportunities for justice-involved individuals with substance use and co-occurring mental health disorders. The program is specifically designed to serve individuals eligible under Proposition 36

(Health and Safety Code §11395), many of whom present with chronic substance use, untreated behavioral health needs, and repeated involvement in the criminal justice system.

Services procured under this RFP are a foundational component of the County’s broader

Proposition 47 strategy, which emphasizes reducing recidivism, improving treatment engagement, and enhancing long-term stability for participants. The selected Contractor will play a critical role in ensuring timely assessment, appropriate level-of-care placement, and ongoing treatment services that align with participant needs and program goals.

The County intends to partner with experienced providers capable of delivering high-quality, evidence-based services within a rural environment, while working collaboratively with the

Superior Court, Probation Department, Behavioral Health, and other community stakeholders to support participant success and public safety.

1.2. Background

Tuolumne County continues to experience significant challenges related to substance use disorders, particularly among justice-involved individuals. Many participants eligible for

Proposition 36 have extensive histories of substance use, repeated justice system involvement, unstable housing, unemployment, and limited positive support systems. These factors contribute to continued criminal behavior, unsuccessful supervision outcomes, and increased risk of incarceration.

While treatment services are available through County Behavioral Health, Medi-Cal providers, and residential treatment programs, many individuals struggle to engage in and sustain recovery without additional support, structure, and programming. Research demonstrates that long-term recovery is strengthened when participants have access to evidence-based interventions that address criminal thinking, substance use behaviors, decision-making skills, relapse prevention, and personal accountability.

To address these needs, Tuolumne County seeks qualified providers to deliver structured substance use recovery programming and recovery support services that complement existing treatment resources. Programming should focus on reducing criminogenic risk factors, increasing treatment engagement, promoting recovery capital, and supporting successful community reintegration. Services are expected to be coordinated with Probation, Behavioral Health, the

Superior Court, and other community partners as part of a broader collaborative approach to reducing recidivism and improving participant outcomes.

1.3. Contact Information

Taylor Luckie

Staff Services Analyst

465 S Washington St

Sonora, CA 95370

Email: tluckie@co.tuolumne.ca.us

Phone: (209) 533-7532

Department:

Probation Department

Department Head:

Daniel Hawks

Chief Probation Officer

1.4. Timeline

Release of published RFP July 17, 2026

Deadline for receiving all questions July 31, 2026, 5:00pm

Deadline for RFP responses to be received by County

August 9, 2026, 5:00pm

Review Committee evaluates and ranks proposals

August 17, 2026

Notice of contract award (Tentative) August 21, 2026

Commencement of negotiation period August 21, 2026

Deadline for protests/appeals

(Tentative)

August 31, 2026

Contract executed (Tentative) September 15, 2026 mailto:tluckie@co.tuolumne.ca.us tel:(209)533-7532

2. Scope of Services

2.1. Risk/Needs & Clinical Assessments

The Contractor shall:

• Administer validated assessment tools, including but not limited to:

o American Society of Addiction Medicine (ASAM) Criteria o Brief Questionnaire for Initial Placement (BQUIP) or equivalent o Ohio Risk Assessment System (ORAS) o Criminal Thinking Scale (CTS)

• Conduct screenings for co-occurring mental health disorders

• Determine appropriate levels of care and treatment recommendations

• Prepare written assessment reports suitable for court and case planning purposes

• Complete assessments within timelines established by the County (anticipated within 5–7 business days of referral)

2.2. Workforce Development

The Contractor shall provide comprehensive workforce development, including:

• Job readiness training (e.g., soft skills, workplace expectations)

• Resume development and job application assistance

• Interview preparation and coaching

• Job placement assistance and employer engagement

• Career pathway planning and goal setting

Services shall be tailored to individual participant needs and aligned with realistic employment opportunities within the local labor market

2.3. Reentry Stabilization & Programming

The Contractor shall:

• Provide service navigation and support to assist participants in accessing:

o Identification documents (e.g., ID, Social Security card) o Public benefits (e.g., Medi-Cal, CalFresh)

• Coordinate with County partners, including Probation, Behavioral Health, and treatment providers

• Support participants in maintaining compliance with program requirements

2.4. Housing Support (Limited Scope)

The Contractor may provide:

• Housing navigation and referral services

• Coordination with landlords or housing providers

This RFP does not include full-scale housing program development or long-term housing subsidies

2.5. Care Coordination & Collaboration

The Contractor shall:

• Participate in multidisciplinary team (MDT) meetings and case coordination

• Maintain regular communication with:

o Probation Department o Superior Court o Behavioral Health o Treatment providers

• Ensure services are aligned with participant treatment and supervision plans

2.6. Target Population

Services will be provided to justice-involved adults, including:

• Individuals eligible under Proposition 36 (H&S §11395)

• Individuals with substance use and/or mental health needs

• Individuals at moderate to high risk of recidivism

Participants will be referred by the Superior Court, Probation Department, or other authorized

County partners

2.7. Service Delivery

Proposers shall submit a Service Delivery Plan describing how programming services will be provided to participants. Services must be delivered in a community-based, non-custodial setting.

At a minimum, the plan shall include:

• Description of the overall program model and philosophy

• Evidence-based or evidence-informed curricula, interventions, or program models to be utilized

• Topics and subject areas addressed through programming

• Frequency, duration, and format of services (e.g., group sessions, individual coaching, peer support)

• Strategies for participant engagement, retention, and successful completion

• Use of recovery coaching, peer support, mentoring, or other recovery-oriented services

• Methods for addressing criminogenic needs, criminal thinking patterns, substance use behaviors, and relapse prevention

• Coordination with Probation, Courts, Behavioral Health, treatment providers, and other community partners

• Participant progress monitoring and documentation practices

• Anticipated participant outcomes and measures of success

Proposers shall also provide a sample program schedule, curriculum outline, or similar documentation sufficient to demonstrate the structure and content of the proposed programming.

The County encourages programming that incorporates cognitive behavioral interventions, recovery-oriented practices, life skills development, relapse prevention strategies, and other approaches demonstrated to support long-term recovery and reduce recidivism among justice-involved populations.

2.8. Budget & Cost Proposal

Proposers shall submit a detailed budget and budget narrative that clearly demonstrates the resources necessary to successfully implement the proposed services.

2.8.1 Staffing Plan

Proposers shall provide a staffing plan that includes:

• Position titles and primary responsibilities

• Number of staff assigned to the project

• Full-Time Equivalent (FTE) allocation for each position

• Relevant qualifications and experience of key personnel

• Organizational structure and supervision of project staff

Staffing levels should be sufficient to support the proposed service delivery model and project objectives.

2.8.2 Program Materials and Curriculum

Proposers shall identify any program materials, curricula, tools, or resources that will be utilized as part of service delivery, including:

• Employment readiness curriculum

• Job search and career development materials

• Case management tools

• Participant workbooks or educational materials

• Technology or software used to support program delivery

If evidence-based or evidence-informed curricula are proposed, the proposer shall identify the curriculum and describe its intended use.

2.8.3 Total Proposed Budget

Proposers shall provide a summary budget that includes, at a minimum:

• Personnel

• Employee benefits

• Program materials and curriculum

• Participant supportive services

• Travel and transportation

• Administrative/overhead costs

• Other direct program costs

• Subcontractor costs (if applicable)

2.8.4 Leveraged Resources

Proposers are encouraged to identify any leveraged funding, in-kind contributions, partnerships, or other resources that will enhance service delivery.

Examples may include:

• Workforce development funding

• Public grants

• Private or philanthropic funding

• Donated goods or services

• Employer partnerships

• Volunteer support

2.8.5 Billing and Invoicing

Proposers shall describe their proposed billing and invoicing process, including:

• Frequency of invoicing

• Documentation supporting expenditures

• Internal procedures to ensure fiscal accountability and compliance with grant requirements

The County reserves the right to negotiate final payment structure and may require modifications to align with grant requirements. Services are subject to approval at bi-weekly MDT meetings.

2.8.6 Budget Narrative

A budget narrative shall be included that:

• Explains how costs were calculated

• Describes how budgeted resources support the proposed services

• Demonstrates that staffing, materials, and participant supports are adequate to meet project goals

• Identifies any leveraged resources that will support implementation

• Explains any administrative or overhead costs included in the proposal

2.9. Data Collection & Reporting

The Contractor shall:

• Maintain accurate and timely records of all services provided

• Utilize an Electronic Health Record (EHR) system compliant with applicable federal and state standards

• Provide documentation verifying service delivery upon request

• Participate in County-required data collection and reporting, including but not limited to:

o Number of participants served o Treatment engagement and completion o Referrals and service linkages

• Submit monthly reports in accordance with County and BSCC requirements

Please refer to Exhibit A - Prop47 CBO Data Collection & Reporting Requirements and Exhibit

B - Prop 47 Cohort 5 Data Template

3. Minimum Qualifications

Proposers must meet all of the following minimum qualifications at the time of proposal submission. Failure to meet any minimum qualification may result in disqualification.

1. Organizational Status and Authority

• Have been duly organized, in existence, and in good standing for at least six (6) months prior to the start date of the applicant’s Grant Agreement with BSCC

• Be registered with the California Secretary of State’s Office, if applicable

• Have a valid Employer Identification Number (EIN), and/or Taxpayer ID (if sole proprietorship)

• Possess all licenses, registrations, and certifications required to provide the proposed services in compliance with applicable federal, state, and local laws

2. Relevant Experience

• Demonstrate a minimum of three (3) years of experience providing one or more of the following services:

o Substance use disorder treatment o Mental health services o Diversion or court-ordered treatment services o Reentry or community stabilization services

• Demonstrated experience serving justice-involved populations, including individuals under court supervision or mandated to treatment, is required.

3. Clinical and Programmatic Capacity

• Demonstrate the ability to deliver evidence-based or evidence-informed services appropriate to the target population.

• Maintain staffing levels and qualifications sufficient to meet service demands, including licensed or certified clinicians where required.

• Demonstrate capacity to provide services in a community-based, non-custodial setting, consistent with Proposition 47 requirements.

4. Compliance with Proposition 47 / Proposition 36 Requirements

• Demonstrate familiarity with Proposition 47 (Safe Neighborhoods and Schools Act) service requirements, including eligible activities and target population criteria.

• Demonstrate the ability to serve individuals eligible for court-ordered treatment pursuant to Proposition 36 (Health and Safety Code §11395), where applicable.

• Ability to coordinate services with Probation, Courts, and Behavioral Health partners.

5. Staff Qualifications and Training

• Employ staff who possess appropriate education, licensure, certification, and experience for their assigned roles.

• Ensure staff are trained in trauma-informed care, cultural responsiveness, and working with justice-involved individuals.

• Ability to provide or participate in ongoing staff training and professional development.

6. Data Collection and Reporting Capacity

• Demonstrate the ability to collect, maintain, and report program data as required by the

County.

• Experience participating in outcome tracking, performance monitoring, and evaluation efforts.

• Ability to comply with all applicable confidentiality and data-sharing requirements, including HIPAA and 42 CFR Part 2, as applicable.

7. Collaboration and Coordination

• Demonstrated ability to collaborate with County departments, Courts, Probation Officers, Behavioral Health providers, and other community partners.

• Ability to participate in multidisciplinary meetings, case staffing, and coordinated service planning.

• Willingness to execute Memoranda of Understanding (MOUs) or data-sharing agreements as required.

8. Financial Stability and Administrative Capacity

• Demonstrate financial stability and administrative capacity sufficient to perform the proposed services.

• Ability to operate under a reimbursement-based contract and comply with County fiscal and invoicing requirements.

• Maintain adequate accounting systems and internal controls.

9. Insurance and Risk Management

• Ability to obtain and maintain insurance coverage meeting County requirements, including general liability, professional liability, and workers’ compensation.

• Compliance with all County risk management and indemnification requirements.

10. Legal and Ethical Compliance

• No outstanding or unresolved findings related to fraud, misuse of funds, or material contract non-compliance with a public agency within the past three (3) years.

• Agreement to comply with all applicable federal, state, and local laws, regulations, and

County policies.

• Agreement to comply with nondiscrimination, equal employment opportunity, and accessibility requirements.

4. 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 Tuolumne County's e-Procurement platform, https://procurement.opengov.com/portal/tuolumnecountyca.

1. Proposal Elements*

A. Statement of Understanding and Approach o This section must demonstrate an understanding of the Services. It should describe the general approach, organization and staffing required for the Services requested. If necessary, preliminary investigations, due diligence, and research shall be discussed in this section.

o This section should include the following:

▪ An implementation plan that describes in detail (i) the methods, including controls by which your firm or entity manages projects of the type sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work.

▪ Detailed description of efforts your firm or entity will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Work" section.

▪ Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion, including a complete transition plan. Include your plan to deal with fluctuation in service needs and any associated price adjustments.

▪ Detailed description of specific tasks you will require from County staff. Explain what the respective roles of County staff and your staff would be to complete the tasks specified in the Scope of Work.

▪ Proposers are encouraged to provide additional innovative and/or creative approaches for providing the service that will maximize efficient, cost-effective operations or increased performance capabilities. In addition, the County will consider proposals that offer alternative service delivery means and methods for the services desired.

▪ Proposers are also requested to identify any County owned facilities or property which Proposer would propose to use or lease, purchase, or rent from the County in connection with the services to be performed, including information about the terms of any proposed lease, purchase or use of such equipment and facilities, and how this proposed structure affects the overall cost proposal to the County, if applicable.

B. Company Information o This section shall include contact person information, address and telephone number of the company main office and branch offices. Each Company shall identify itself as to the type of organizational entity (corporation, sole proprietorship, partnership, joint venture, etc.). Any supplemental information that Company believes may be pertinent to the selection process may be provided.

o The Proposal shall identify any litigation, mediation, or arbitration, regarding the performance of any services similar to the Services, in which the Company has been involved in the past five (5) years. If the Services require a license or certification, the

Proposal shall include any claims or disciplinary action taken against Company or any of Company’s key personnel within the past five years.

C. Company Personnel o This section shall contain names, contact numbers and description of experience, including licenses and/or certifications, of all key personnel who would be assigned to perform the Services. Members of the Company’s professional team (managers, contact person, etc.) should be identified by name, title, phone number, and description of the portion of work they will be assigned to perform under this

Agreement. Also include major subcontractors (if any) and their degree of involvement in this program. If the Company is including any subcontractors, the

Company shall identify how long the Company has worked with the subcontractor.

o An affirmative statement should be included that the proposer and all assigned key professional staff are properly licensed to practice in California.

D. Disclosure o Please disclose any and all past or current business and personal relationships with any current County elected official, appointed official, County employee, or family member of any current County elected official, appointed official, or County employee. Any past or current business relationship may not disqualify the firm from consideration.

E. Experience and References o The Proposal must demonstrate that the Company, or its key personnel, meets the minimum experience requirement in in the Minimum Qualifications Section with a legally registered business name, that provides services of a similar type and scope as described in the Scope of Services. A Company shall not have filed for bankruptcy under any business name over the past five (5) years.

o Company shall provide at least 3 references, within the past 5 years, of clients for whom services have been performed that are comparable in quality and scope to that specified in this RFP. The references shall include client names, addresses, telephone numbers and e-mail addresses of the clients for whom prior work was performed and include an explanation of the services provided along with project start and end dates.

*Response required

2. Proposal Cost*

Proposer shall upload a fee schedule here. Information should include any and all costs associated with the fulfillment of the Scope of Services.

*Response required

5. RFP Process

5.1. Submittal of Proposals

Sealed proposals must be received online, NO LATER THAN 5:00 pm on Sunday, August 9, 2026.

Proposals are to be submitted electronically using Tuolumne County’s e-Procurement platform, https://procurement.opengov.com/portal/tuolumnecountyca. Proposals will be received only as instructed above, and must be received before 5:00 pm on Sunday, August 9, 2026. 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.”

5.2. Submitter's Questions

Questions regarding the RFP must be submitted exclusively in writing to the County by 5:00 pm on Friday, July 31, 2026 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 Tuolumne County's e-Procurement platform, https://procurement.opengov.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.

5.3. 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.

5.4. 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).

5.5. 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.

5.6. Evaluation of Proposals

See #Evaluation of Proposals.

5.7. 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.

5.8. 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.

5.9. 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 Prop 47 Cohort 5 Grant:

Programming Services once the Notices of Award/Non-Award have been issued.

https://secure.procurenow.com/portaluolumnecountyca/projects/20451?section=156154

Any protest must be submitted in writing to Probation Department, 465 S Washington St, Sonora, CA 95370, Attention: Taylor Luckie

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 Chief Probation Officer 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.

5.10. 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.

6. 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 25 (25% of Total)

2. Qualifications 0-5 Points 20 (20% of Total)

3. Service Delivery/Methodology 0-5 Points 25 (25% of Total)

4. Reasonable Cost of Service 0-5 Points 30 (30% of Total)

7. Contract Information

7.1. Sample Agreement

A sample Agreement is attached to this RFP, which details all standard terms and conditions required by the County of Tuolumne.

7.2. Term/Termination

The term of the initial contract awarded under this RFP will be through June 30, 2029. Any contract extensions or renewals shall be contingent upon the following:

• 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 30 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.

7.3. 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.

7.4. General 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:i. 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 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.ii. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering 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.iii. 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.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:i. 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).ii. Primary Coverage. For any claims related to this contract, the Contractor's insurance coverage shall be primary and non-contributory and 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. This requirement shall also apply to any Excess or Umbrella liability policies.iii. Umbrella or Excess Policy. The

Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the

Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The

Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying

Commercial General Liability insurance. No insurance policies maintained by the additional Insured, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.iv. Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the

County.v. 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.vi. 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. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000,unless approved in writing by County.

Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified

Additional Insured Parties. County may deduct from any amounts otherwise due

Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured. The policy must also provide that Defense costs, including the Allocated Loss Adjustment

Expenses, will satisfy the SIR or deductible. County reserves the right to obtain a copy of any policies and endorsements for verification.vii. 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.viii. Verification of Coverage. Contractor shall furnish the County with original

Certificates and 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 and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations &

Endorsements pages are to be received and approved by the County before work commences. 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. 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.ix. 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.x. 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.

7.5. 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.