Proposal_Document_-_Reentry_and_Integration_Services_-_REBID.pdf

1 | P a g e

Wicomico County Purchasing Department 125 N. Division Street, Room B-3

Salisbury, Maryland 21801

REQUEST FOR PROPOSAL

PROJECT: REENTRY AND INTEGRATION SERVICES - REBID

DEPARTMENT: LOCAL MANAGEMENT BOARD

VENDOR

NAME: ___________________________________________________________

ADDRESS: ___________________________________________________________

PROPOSAL OPENING

DATE: Thursday, October 24, 2024

TIME: 3:00 p.m.

2 | P a g e

TABLE OF CONTENTS

INTRODUCTION……………………………………………………………………………………………………………………………………………………………………………..3

Background……………………………………………………………………………………………………………………………………………………………………………………………………..3

Purpose…………………………………………………………………………………………………………………………………………………………………………………………………………..3

Eligible Applicants………………………………………………………………………………………………………………………………………………………………………………………….3

Availability of Funds………………………………………………………………………………………………………………………………………………………………………………………4

PROGRAM SOLICITATION………………………………………………………………………………………………………………………………………………………………4

Target Population………………………………………………………………………………………………………………………………………………………………………………………….4

Programmatic Requirements………………………………………………………………………………………………………………………………………………………………………..4

Performance Requirements………………………………………………………………………………………………………………………………………………………………………….5

PROPOSAL PREPARATION AND SUBMISSION………………………………………………………………………………………………………………………………….6

Timeline………………………………………………………………………………………………………………………………………………………………………………………………………….6

Questions……………………………………………………………………………………………………………………………………………………………………………………………………….6

Bidder's Conference……………………………………………………………………………………………………………………………………………………………………………………….6

Format…………………………………………………………………………………………………………………………………………………………………………………………………………….6

Deadline…………………………………………………………………………………………………………………………………………………………………………………………………………7

Proposal Evaluation……………………………………………………………………………………………………………………………………………………………………………………….7

WICOMICO COUNTY MARYLAND STANDARD TERMS AND CONDITIONS…………………………………………………………………………………………10

ATTACHMENTS……………………………………………………………………………………………………………………………………………………………………………15

3 | P a g e

Background

Wicomico Partnership for Families and Children (WPFC), at the direction of the Wicomico County Local

Management Board (WCLMB), identifies priorities and targets resources for the local community. The primary focus is to increase local authority to plan, implement, and monitor children and family services.

We serve as the coordinator of collaboration for child and family services. We bring together local child serving agencies, local child providers, clients of services, families, and other community representatives to empower local stakeholders in addressing the needs of and setting priorities for our community. As an important tool in meeting these goals, this solicitation seeks an organization or organizations which provide programming that will deliver reentry and integration services to incarcerated individuals at the

Wicomico County Detention Center and formerly incarcerated individuals.

Purpose

WPFC, with funding from the Governor’s Office of Crime Prevention and Policy, has allocated funding for

Reentry and Integration Services Program. Reentry and integration services will help incarcerated individuals access resources to assist with securing stable housing, food, clothing, and assistance with utilities. WCPC utilizes the Request for Proposal (RFP), a competitive bid process, to select services providers for the delivery of programs. The purpose of this RFP is to identify service providers for our reentry and integration strategy. This RFP will provide guidance for the development and submission of proposals for these funds.

Eligible applicants

The financial condition of each bidder will be assessed, including financial solvency, fiscal capacity, and evaluation of prior audits or financial reviews.

The following legal entities are eligible to submit a proposal:

• Government agencies

• Private non-profit organizations

• Private for-profit businesses

• Educational Entities

Further, bidders must be in compliance with the laws regarding conducting business in the State of

Maryland and shall provide a “Certificate of Status” from the Maryland Department of Assessments and

Taxation, evidencing that the business entity is in “good standing” with the State of Maryland.1

An organization will not be considered if:

• It has been debarred, suspended, or otherwise excluded from or ineligible to apply for Federal, State, or Local funds.

1 See https://dat.maryland.gov/businesses/Pages/Internet-Certificate-of-Status.aspx for information on obtaining the Certificate of Status. Certificates of status are not available for trade names, name reservations, government agencies, and some other accounts as these are not business entities and thus are not required for these categories of bidders.

https://dat.maryland.gov/businesses/Pages/Internet-Certificate-of-Status.aspx https://dat.maryland.gov/businesses/Pages/Internet-Certificate-of-Status.aspx https://dat.maryland.gov/businesses/Pages/Internet-Certificate-of-Status.aspx https://dat.maryland.gov/businesses/Pages/Internet-Certificate-of-Status.aspx https://dat.maryland.gov/businesses/Pages/Internet-Certificate-of-Status.aspx https://dat.maryland.gov/businesses/Pages/Internet-Certificate-of-Status.aspx https://dat.maryland.gov/businesses/Pages/Internet-Certificate-of-Status.aspx https://dat.maryland.gov/businesses/Pages/Internet-Certificate-of-Status.aspx

4 | P a g e

• At the discretion of WPFC, the WCLMB, or Wicomico County Government if there is good and just cause.

Availability of funds

The estimated total amount available to award for this program strategy is $81,300. WPFC may select more than one provider for award under this solicitation. Selected bidders may be required to submit programmatic, financial, or other revisions to their proposals as a result of negotiations prior to award.

Funding for contracts as a result of this process shall be contingent upon State authorization for program activities and funding and is subject to amendment or termination due to lack of funds or authorization.

Selected service providers will be engaged to provide services for the period of December 1, 2024 - June 30, 2025 (all services must be completed by June 30, 2025).

PROGRAM SOLICITATION

Target Population

Applicants will propose programming that serves not fewer than 152 individuals who are either currently incarcerated at the Wicomico County Detention Center (within 60 days of release) and formerly incarcerated individuals (within one year) that reside in Wicomico County.

Programmatic requirements

WPFC desires to support the long-term success of current and former incarcerated individuals at the

Wicomico County Detention Center by 1) providing reentry counseling using the Gatekeeper program, 2) providing assistance to individuals who are released from incarceration with obtaining legal documents (birth certificates, social security cards, state id’s, etc.), 3) providing assistance (rental assistance, utility assistance, cellphone/electronic device, transportation, food allowance, clothing, etc.) to individuals.

WPFC believes that providing reentry and integration services for current and former individuals will help them make sound decisions for their future and help reduce the recidivism rate in Wicomico

County.

Applicants will propose a program model/design that addresses the needs of the target population.

Required elements are:

1. Collaboration with community partners, the Wicomico County Detention Center, and established linkages to education, workforce development, and other resources to meet immediate and long-term needs. Providers will either work directly or through referrals:

a. Facilitate the Gatekeeper program to current incarcerated individuals. Former incarcerated individuals may also receive Gatekeeper education on case-by-case need.

b. Provide assistance in obtaining legal documents and securing basic living needs.

c. Provide linkages to other community programs that support financial literacy education.

2. Peer input in program design and implementation.

3. Incorporation of intentional efforts to address racial and ethnic disparities.

5 | P a g e

4. Incorporation of intentional efforts to reduce Adverse Childhood Experiences and increase

Trauma-Informed Practices.

The provider must deliver services in person, including providing a safe and stable environment. The service delivery model must demonstrate an ability to interact with participants meaningfully in places and in ways that retain engagement.

Performance requirements

Administrative

Providers are subject to the following administrative requirements for the project:

a. Financial reports are due monthly;

b. Performance reports are due quarterly;

c. WPFC staff will conduct site visits at least quarterly;

d. WPFC will host required vendor meetings monthly;

e. Modifications to budgets, expenses, or programming cannot be made without written approval.

Appropriate technical assistance will be provided.

Indicators

The Governor’s Office of Crime Prevention and Policy has pre-determined performance measures that the selected vendor must achieve. For the Reentry and Integration Services program, the following data will be collected and evaluated:

Number of individuals who complete the Gatekeeper program.

Number of individuals who were arrested for a new crime within a year.

Number of individuals who are connected to housing services.

Number of individuals who are connected to a behavioral health provider.

Number of individuals who are connected to benefits and medical insurance.

Number of individuals who are provided assistance with obtaining legal documents.

Number of individuals who are provided assistance such as utility assistance, clothing, cell phone, clothing, food, etc.

Number of individuals who find successful employment.

Number of individuals who maintain employment.

Appropriate technical assistance will be provided.

Using Attachment C, submit your projected outcomes with your proposal.

6 | P a g e

PROPOSAL PREPARATION AND SUBMISSION

Timeline

Thursday, October 3, 2024 Release of RFP

Thursday, October 10, 2024 Bidders’ Conference (9:30 a.m.)

Thursday, October 17, 2024 Deadline to submit questions to purchasing department (12:00 p.m.)

Thursday, October 24, 2024 Proposal deadline (3:00 p.m.)

November 2024 Scheduled site visits for qualified respondents

December 2024 Contract year begins

Questions

To ensure a fair and competitive process, all questions related to this RFP must be submitted in writing to the Wicomico County Purchasing Department at purchasing@wicomicocounty.org. Interested bidders are strictly prohibited from contacting members of the Local Management Board and the staff of the Wicomico Partnership for Families and Children regarding this RFP. Questions and responses will be posted no later than five days prior to the proposal deadline on the County website at www.wicomicocounty.org under Government> Departments> Purchasing at www.wicomicocounty.org/bids.aspx. It is the responsibility of interested parties to check the website on a regular basis for updates.

Bidders’ Conference

A Bidders’ Conference will be held on Thursday, October 10, 2024, beginning promptly at 9:30 a.m. at the Local Management Board Office, 110 North Division Street, Suite 108, Salisbury MD 21801.

Attendance at the Bidders’ Conference is not required in order to submit a proposal, however all interested parties are strongly encouraged to attend. The bidder agrees to assume full responsibility for any information not received due to non-attendance. The questions and answers addressed at the

Bidders’ Conference will be documented and posted on the County website at ww.wicomicocounty.org under Government> Departments> Purchasing at www.wicomicocounty.org/bids.aspx. It is the responsibility of interested parties to check the website on a regular basis for updates.

Format

A response is required for each section of the proposal unless otherwise noted. Proposals should be prepared in a professional manner, providing a complete and detailed description of the proposed program. Emphasis should be placed on clarity of content and completeness. Elaborate brochures and other representations beyond that sufficient to present a straightforward and concise proposal are neither required nor desired. Do not include letters of support.

Proposals should be prepared in 12-point font, double-spaced and with pages numbered. All attachments identified in this RFP must be included in the listed order. Ensure that other attachments referenced in your proposal are also submitted.

− Proposal coversheet (Attachment A)

− Project Narrative http://www.wicomicocounty.org/ http://www.wicomicocounty.org/ http://www.wicomicocounty.org/bids.aspx http://www.wicomicocounty.org/bids.aspx

7 | P a g e

− Budget form (Attachment B)

− Performance Projections (Attachment C)

− Copy of agency’s most recently completed independent audit (if not subject to independent audit requirements, provide another appropriate financial document which will allow for evaluation of the organization’s financial condition)

− Certificate of Status from Maryland State Department of Assessments and Taxation (SDAT) (if applicable)

− References (Attachment D)

− Conflict of interest form (Attachment E)

− Other attachments referenced in your proposal, if applicable

Proposals that do not provide adequate responses to all sections of the RFP may be disqualified from the review and selection process.

Send one original, and four copies. The original must be signed by the agency official authorized to submit the proposal and enter into contract negotiations for the organization.

Wicomico County requires all proposals to be sealed. Proposals must be mailed or hand delivered to

Wicomico County Purchasing Department, 125 N. Division Street, Government Office Building, Room B3, Salisbury, MD 21801, in order to be received in the office of the Purchasing Agent prior to the announced proposal deadline. Electronic proposals are not considered sealed proposals and will not be accepted. The envelope will be addressed to the Wicomico County Purchasing Department and will be identified with the project name: REENTRY AND INTEGRATION SERVICES – REBID and the bidder’s name and address. If the proposal documents are sent by mail, the sealed envelope will be enclosed in a separate mailing envelope with the notation “SEALED PROPOSAL DOCUMENTS ENCLOSED”.

Deadline

Proposals are to be received no later than Thursday, October 24, 2024 at 3:00 p.m. at Wicomico County

Purchasing Department, 125 N. Division Street, Government Office Building, Room B-3, Salisbury, MD

21801. Proposals received after the deadline will not be considered.

Proposal Evaluation

- Qualified proposals will be reviewed and rated by a review committee and WPFC staff. WPFC reserves the right to accept other than the lowest cost proposal and to reject any or all proposals or parts thereof. The proposal rating criteria will favor those proposals that demonstrate the ability to operate quality, cost effective programming that results on the required performance measures.

- After identifying the short list of the most qualified Vendor(s) based on the evaluation criteria, representative(s) may be required to clarify their Proposals by making individual presentations to the evaluation committee.

- The Local Management Board may enter into negotiations with Vendors on behalf of the county and invite best and final offers as deemed to be in the best interest of the County. Negotiations may be in the form of face-to-face, telephone, facsimile, e-mail or written communications, or any combination thereof, at the Local Management Board’s discretion.

8 | P a g e

- Vendors are strongly advised not to prepare their proposal submissions based on any assumption or understanding that negotiations will take place. Vendors are advised to respond to this Request for Proposal fully and with forth-rightness at the time of proposal submission.

- Vendors shall not contact elected officials board of director members, or members of the evaluation committee. All questions and comments should be directed through the Purchasing Department. Inappropriate efforts to lobby or influence individuals involved in this selection may result in dismissal from further consideration, at the Local Management Board and County’s discretion.

The project narrative must address the following:

Infrastructure – 25%

1. Describe your organization’s ability to operate similar high-quality, cost-effective programs that result in the desired outcomes. If the applicant has had prior experience operating an LMB funded program or other similar projects in the last three years, describe your past successes.

(10pts)

2. Describe how your projected program costs are reasonable and competitive. (5pts)

3. Identify key programmatic staff, the percentage of their time dedicated to the program, and describe their relevant work experience. Demonstrate how the identified staff can adequately run the program. (10pts)

4. Describe what internal controls your agency has in place in order to ensure timely performance and financial reporting. (10pts)

5. Explain your sustainability plan spelling out how your project will survive in the long term. (5pts)

Design – 50%

Within this section of your proposal, please give a detailed overview of your proposed or existing program. Points will be awarded for focusing on the following items:

1. Describe your program in detail, be sure to address the following questions: What does the program do? What is the program strategy? How and when does it operate (be sure to indicate whether services will be delivered in person, virtually, or in a hybrid model)? Where will services be provided? How does your program design meet the goals listed in the RFP? (20pts)

2. How does your program design and strategy ensure the achievement of the planned results?

(10pts)

3. Thoroughly describe your race equity efforts, be sure to include information relevant to the following questions: What are your long- and short-term strategies for reducing/eliminating race equity issues within the target population? How will race equity data influence your programming? (10pts)

4. Thoroughly describe your intentional efforts to reduce Adverse Childhood Experiences (ACEs) and increase Trauma-Informed Practices (TIPs), be sure to include information specifically related to: How will you address ACEs and trauma-informed practices with your participants, especially related to inter-generational transmission of ACEs? How will you identify and target people who may be at higher risk for behavioral health concerns related to ACEs and trauma?

(10pts)

9 | P a g e

5. What is the anticipated enrollment number? How did you arrive at this number? Describe your recruitment plan and how your plan will ensure that the appropriate participants are identified and enrolled. You must demonstrate an understanding of the target population.

6. Provide scholarly, programmatic, or policy evidence that your program design and/or service delivery model is evidence-based and/or has verifiable positive outcomes. (15pts)

Performance – 25%

1. Complete the performance projections form (Attachment C); be sure your projections are reasonable and attainable. (10pts)

2. Provide a program timeline focusing on the attainment of the programmatic, fiscal, and performance expectations. (5pts)

3. Complete the budget form (Attachment B); be sure that the budget is reasonable, realistic and aligns with the program goals. (15pts)

4. Indicate whether there are cash or in-kind measures that add value to the program and its operating budget. (5pts)

Any conflict between the RFP and the Wicomico County Code and Purchasing Manual, the Wicomico County Code and Purchasing Manual shall control.

10 | P a g e

WICOMICO COUNTY MARYLAND STANDARD TERMS AND CONDITIONS

The provisions below are applicable to all Wicomico County ("County") contracts. These provisions are not a complete agreement. The provisions must be attached to an executed document that identifies the work to be performed, compensation, term, incorporated attachments, and any special conditions.

This document and other contract documents are intended to be complementary. If the terms and conditions and the other contract documents conflict, then these Standard Terms and Conditions will prevail.

The term "Contract" includes a document entitled "agreement" or other title denoting a contract and these Standard Terms and Conditions. “Contractor” refers to the party or parties with which the County has contracted. The Wicomico County Executive is the person authorized to enter contracts for Wicomico County.

Amendment. This Contract is the entire agreement between the parties. All other prior communications related to this Contract are superseded by this Contract. No amendment to this Contract is binding unless in writing and signed by the parties.

Bankruptcy. Upon the filing of a bankruptcy proceeding by or against the Contractor or upon the appointment of a receiver, trustee, or assignee for the benefit of creditors:

A. The Contractor must notify the County immediately; and

B. The County may cancel the Contract or affirm the Contract and hold the Contractor responsible for damages.

Compliance with Law. The Contractor warrants that:

A. The executed Contract will be a valid obligation enforceable in accordance with its terms;

B. Contractor will perform in a workmanlike manner and in accordance with applicable professional standards;

C. Contractor is qualified to do business in the State of Maryland and that it will remain qualified;

D. Contractor is not behind in the payment of any obligations due to the County and that it will not become behind during the term of this Contract;

E. Contractor will comply with all applicable federal, State, local laws, regulations, and ordinances; and

F. Contractor will obtain, at its expense, all licenses, permits, insurance, and governmental approvals needed to perform its obligations under this Contract.

Contingent Fee Prohibition. The Contractor warrants that it has not directed anyone, other than its employee or agent, to solicit this Contract and that it has not promised to pay anyone a commission, percentage, brokerage fee, contingent fee, or other consideration contingent on the making of this Contract.

Counterparts and Signature. This Contract may be executed in several counterparts, each of which may be an original and all of which will constitute the same instrument. Unless otherwise specified by the County, this Contract may be signed in writing or by electronic signature, including by email.

An electronic signature, a facsimile copy, or computer image of this Contract will have the same effect as an original signed copy.

11 | P a g e

Force Majeure. The performance of this agreement by either party is subject to acts of God, government authority, disaster, epidemic or other emergencies, fire, or riot, any of which make it illegal or impossible to provide the goods, facilities and/or services to be provided by a party under this contract. If one or more of such circumstances occur, then performance under this agreement may be delayed or terminated for any one or more of such reasons by written notice from one party to the other, in which case, neither party shall have any liability to the other, including any direct, consequential, compensatory, special, incidental, liquidated or other damages of any nature whatsoever, by reason of such delay or termination.

Governing Law. This Contract is governed by the laws of the State of Maryland and Wicomico County.

Indemnification. The Contractor will indemnify the County, its officers, agents, and employees from all liability, penalties, costs, losses, damages, expenses, causes of action, claims, or judgments (including attorney's fees) resulting from injury to or death of any person or damage to property of any kind, which injury, death, or damage arises out of, or is in any way connected with the performance of the work or failure to perform its obligations under this Contract.

This obligation applies to any acts, omissions, or negligent conduct, including acts or omissions of

Contractor's agents or employees, except that it is not applicable to injury, death, or damage to the property arising from the sole negligence of Wicomico County, its officers, agents, or employees.

Independent Contractor.

A. Contractor is an "Independent Contractor". Although the County may determine the delivery schedule for the work and evaluate the quality of the work, the County will not control the means or manner of the Contractor's performance. The Contractor will comply promptly with

County requests relating to the emphasis to be placed on aspects of the work. But Contractor is responsible for determining the appropriate means and manner of performing the work.

B. Contractor warrants that Contractor is not an employee of the County, is not currently employed by the Federal Government, and is not an officer, employee, or agent of the County.

C. Contractor is responsible for all federal or state taxes applicable to any compensation or payments paid to Contractor under this Contract. Contractor is not eligible for any federal Social

Security, unemployment insurance, or workers' compensation benefits from compensation paid to Contractor.

D. Contractor agrees to immediately provide the County notice of any claim made against

Contractor by any third party. Contractor also agrees not to assign to any third party, without the County's written consent, any obligation of the County to indemnify Contractor for any actions under this Contract.

Insurance Requirements.

A. Contractor must obtain and keep in effect Commercial General Liability Insurance in the amounts listed below for its activities and operations. The insurance must include coverage for personal injury, discrimination, and civil rights violation claims. A copy of the certificate of insurance must be filed with the County prior to the time this Contract is executed, providing coverage in the amount of $1,000,000 per occurrence, $2,000,000 general aggregate, and $500,000 for property damage, or such greater amount as agreed upon by the parties. Coverage must be written on an occurrence form.

12 | P a g e

B. Contractor must obtain and keep in effect, automobile insurance on all vehicles used in this

Contract to protect Contractor against claims for damages resulting from bodily injury, including wrongful death, and property damage that may arise from the operations of any owned or hired automobiles used by Contractor in connection with the Contract. All insurance must name County, its employees, and agents as "ADDITIONAL INSURED".

C. Contractor must provide the County with a certification of Workers' Compensation Insurance, with employer's liability in the minimum amount required by Maryland law in effect for each year of this Contract.

D. All insurance policies must have a minimum 30 days’ notice of cancellation. The County must be notified immediately upon cancellation or restriction by the insurance company of any insurance policy referred to in this section.

E. When insurance coverage is renewed, Contractor must provide new certificates of insurance prior to expiration of current policies.

Nondiscrimination.

Contractor may not discriminate against any worker, employee, or applicant because of religion, race, sex, age, sexual orientation, physical or mental disability, perceived disability or other characteristic protected by law. Contractor agrees that this provision will be incorporated in all subcontracts related to this Contract.

Ownership of Documents and Materials; Intellectual Property.

A. The Contractor agrees that all documents, including reports, drawings, studies, specifications, estimates, maps, photographs, designs, graphics, mechanicals, artwork, or computations prepared for this Contract will be available to the County upon request and become the exclusive property of the County upon termination or completion of the services. The County has the right to use the documents without restriction or without additional compensation to the Contractor. The County will be the owner of the documents for the purposes of copyright, patent, or trademark registration.

B. If the Contractor obtains, uses, or subcontracts for any intellectual property, then it must provide an assignment to the County of ownership or use of the intellectual property.

C. The Contractor must indemnify the County from all claims of infringement related to the use of any patented design, device, materials, or process, or any trademark or copyright, and must indemnify the County, its officers, agents, and employees with respect to any claim, action, costs, or infringement, for royalties or user fees, arising out of purchase or use of materials, construction, supplies, equipment, or services covered by this Contract.

Payments. Payments to the Contractor pursuant to this Contract will be within 30 days of the County's receipt of a proper invoice from the Contractor. If an invoice remains unpaid 45 days after the invoice was received, interest will be charged at a rate of 6% per year.

Records. Contractor must maintain all fiscal records relating to this Contract in accordance with generally accepted accounting principles. Contractor must maintain any other records pertinent to this

Contract in a manner that clearly documents Contractor's performance. Contractor agrees that the

County and its agents can all records of the Contractor that are relevant to this Contract. All relevant records must be retained by Contractor and kept accessible for at least three years after final payment, 13 | P a g e termination of this Contract, or until the conclusion of any audit, controversy, or litigation related to this

Contract, whichever is later. All subcontracts must comply with these provisions.

Remedies.

A. Corrections of errors, defect and omissions. Contractor agrees to perform work necessary to correct errors, defects, and omissions in the services required under this Contract, without undue delays and without cost to the County. The County's acceptance of the work will not relieve the Contractor of the responsibility of subsequent corrections of errors.

B. Set Off. The County may deduct from any amounts payable to the Contractor any back-charges, penalties, or damages sustained by the County, its agents, or employees caused by Contractor's breach. Contractor will not be relieved of liability for any costs caused by a failure to satisfactorily perform the services.

C. Cumulative. These rights and remedies of County and Contractor are cumulative and without waiver of any other rights or remedies.

Responsibility of Contractor.

A. The Contractor must perform the services with the standard of care, skill, and diligence normally provided by a Contractor in the performance of services similar to the services.

B. Notwithstanding any review, approval, acceptance, or payment for the services by the County, the Contractor will be responsible for the accuracy of any work, design, drawings, specifications, and materials furnished by the Contractor under this Contract.

C. If the Contractor fails to perform the services in conformance with the standard set forth in subparagraph A above, then it must, if required by the County, perform at its own expense any service necessary for the correction of any deficiencies or damages resulting from the

Contractor's failure. This obligation is in addition to any other remedy available to the County.

Severability/Waiver. If a court finds any term of this Contract to be invalid, the validity of the remaining terms will not be affected. The remaining terms will be construed as if the Contract did not contain the invalid term. The failure of either party to enforce any term of this Contract is not a waiver by that party.

Subcontracting or Assignment. The Contractor may not subcontract or assign any part of the Contract without the prior written consent of the County. The County has the right to withhold consent for any reason the County deems appropriate.

Substance Abuse and Drug Testing. Contractors and its employees are subject to the County's policy on substance abuse and drug testing for the use, possession, or sale of drugs or alcohol while performing County business or while in a County facility. Violation or refusal to cooperate may result in a ban from County facilities or from participating in County operations.

Survival. The terms, conditions, representations, and all warranties contained in this Contract survive the termination or expiration of this Contract.

Termination. If the Contractor violates any provision of the Contract, the County may terminate the Contract by written notice to the Contractor. The notice will specify the cause for termination. All finished or unfinished work provided by the Contractor will, at the County's option, become the

County's property. The County will pay the Contractor fair compensation for satisfactory performance that occurred before termination less the amount of damages caused by the Contractor's breach. If the damages are more than the compensation payable to the Contractor, the Contractor will remain liable after termination and the County can affirmatively collect damages.

14 | P a g e

Termination of Contract for Convenience. Upon written notice, the County may terminate the Contract, in whole or in part, when the County determines termination is in the County's best interest.

Termination for convenience is effective on the date specified in the County's written notice. The County will pay for reasonable costs allocable to the Contract for work or costs incurred by the Contractor up to the date of termination. But the Contractor will not be reimbursed for any anticipatory profits that have not been earned up to the date of termination.

Termination of Multi-year Contract. If funds are not available for any fiscal period of this Contract after the first fiscal period, then this Contract will be cancelled automatically as of the beginning of unfunded fiscal period. The effect of termination of the Contract will be to discharge both the Contractor and the

County from future performance of the Contract but not from their rights and obligations existing at the time of termination. The Contractor will be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the Contract. The County will notify the Contractor if it has knowledge that funds are not available for the continuation of this Contract for a fiscal period beyond the first period.

Third Party Beneficiaries. The County and Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms. Nothing in this Contract gives any benefit or right to third persons unless individually identified by name and expressly described as intended beneficiaries of the terms of this Contract.

Time is of the essence. Time is of the essence in Contractor's performance of each and every obligation and duty under this Contract.

Use of County Facilities. Contractor and its employees or agents have the right to use only those facilities of the County that are necessary to perform the services under this Contract. County has no responsibility for the loss, theft, disappearance of or damage to equipment, tools, materials, supplies, or other personal property of Contractor or its employees, subcontractors, or agents which may be stored on County premises.

Whole Contract. This Contract constitutes the complete and exclusive statement of the Contract between the parties relevant to the purpose described and supersedes all prior agreements or proposals, oral or written, and all other communication between the parties relating to the subject matter of this Contract.

15 | P a g e

ATTACHMENTS

Proposal coversheet (Attachment A) Budget form (Attachment B) Performance projections (Attachment C) References (Attachment D) Conflict of interest form (Attachment E)

16 | P a g e

ATTACHMENT A: PROPOSAL COVER SHEET

Organization Information

Organization Name: _________________________________________________________

Address: __________________________________________________________________

Website: __________________________________________________________________

Contact Person: _________________________________ Title: ______________________

Phone: ____________________________ Email: __________________________________

Organization Type: [ ] Non-Profit [ ] Government [ ] Private for Profit [ ] Other

Proposal Information

Project Name: ______________________________________________________________

Proposed number of enrollments ____________________

Total funding amount requested $___________________

Estimated cost per participant $___________________

Additional funds (cash or in-kind) that will support this project $___________________

Organization’s total annual operating budget $___________________

Requested project is _______________% of organizations total budget

Is your organization involved in any active litigation? [ ] Yes [ ] No

Is your company currently involved in any mergers or acquisitions? [ ] Yes [ ] No

Have you included all items listed on the required documents checklist? [ ] Yes [ ] No

I hereby certify that to the best of my knowledge all information contained in this proposal is accurate and complete, that this is a valid proposal and that I am legally authorized to sign and to represent this organization.

Signature Date

17 | P a g e

ATTACHMENT B: BUDGET

Allowable costs include all reasonable direct costs incurred or carry out the activities allowed in the grant award. Typical direct costs chargeable to this grant are:

a. Compensation of employees for the time devoted and identified specifically to the project.

b. Cost of materials acquired, consumed, or expended specifically for the purpose of the project.

c. Equipment and other approved fixed assets purchased specifically to carry out the purpose of the project; and/or,

d. Travel expenses incurred specifically to carry out the purpose of the project.

Complete the budget form with narrative explanation of the basis for the cost projection.

Category Intended Use

Personnel This category is reserved for staff that would utilize salary and benefits which may include health insurance, taxes, and social security. Use salary line item only for salary; place fringe costs on the fringe line item. Salary may only be charged for actual hours worked on the grant project. Fringe may be allocated based on that salary percentage.

Operating This category is reserved for line items associated with costs needed for operating the program.

Travel This category is reserved for line items associated with mileage (allowable cost is current IRS mileage rate), registration fees, hotel, and conferences/conventions.

Contractual Services This category is reserved for line items for trainings, consultants, legal, and/or accounting/auditing.

Equipment This category is reserved for office equipment needed to operate the program.

Other Direct Costs This category is reserved for expenses that do not meet the existing categories. Some examples of “other” may be: Training Materials needed to implement the program, Program Supplies, Professional Dues/Publications/Subscriptions, Office Supplies, and Food.

Funding will not be approved for unallowable costs including, but not limited to:

1. Alcoholic beverages

2. Bad debts

3. Contributions and donations to charitable organizations not in support of defined activity

18 | P a g e

4. Defense and prosecution of criminal and civil proceedings, claims, appeals, and patent infringement

5. Entertainment costs

6. Incentive compensation for employees, as follows: a. That does not involve all sources of funding; b. That is not based on job performance, a written job appraisal or some other documented, measurable criteria; c. That is not available to all employees within the same class;

d. That is not part of a defined benefit plan; e. Does not increase an employee’s salary and/or to circumvent payroll limitations; and/or f. That is not issued pursuant to an agreement or an established plan entered into in good faith between the organization and the employees before the services were rendered.

7. Personal use by employees of organization-furnished automobiles (including transportation to and from work) and other assets

8. Fines and penalties and interest on fines and penalties

9. Assets, goods or services for personal use

10. Interest on borrowed capital/fines of credit

11. Costs of organized fundraising

12. Costs of investment counsel/management

13. Lobbying

14. Losses on other awards

15. Renovation/remodeling and capital projects

16. Gifts for Board members and/or Board employees

17. Food and beverages, except for: a. Those incurred by employees traveling overnight on official business; b. Bulk drinking water for coolers where tap is not potable; c. Those routine expenses for the operation of a program serving children and youth (e.g., snacks served to children on a regular basis at an out-of-school time program); d. Meetings/focus groups/forums where the majority of attendees expected are family and/or youth; and/or, e. Special events where the majority of attendees are not Board members or staff or State/local Agency representatives

18. Costs of training/technical assistance

19. Any plaque or item presented to a speaker, official, legislator, vendor, or other person in recognition of service provided with a value in excess of $50

20. Any expenses relating to the establishment, maintenance or liquidation of foundation or other accounts that the Board utilizes for the purpose of maintaining earned reinvestment and other State funds, to the extent that the Board does not receive prior approval for the expenses

21. Investment fees and losses

22. Flex fund expenditures

23. Gift card expenditures (in any form or format), except for incentives for participants attending meetings/focus groups/forums where: a. The grantee purchases only the number of gift cards necessary based on the number of participants; b. The grantee does not establish or maintain an inventory of gift cards; and, c. The participants are families and/or children/youth

24. For fee-for-service contracts, vendor staff vacation, sick leave and other leave time during which services were not provided

25. Trinkets/promotional/giveaway items (e.g., pens, notepads, hats, mugs, portfolios, t-shirts, coins, gift bags, etc., whether or not they include the Board/program/vendor name and/or logo).

19 | P a g e

20 | P a g e

ATTACHMENT C: PERFORMANCE MEASURES

Organization Name: _____________________________________________________________

Performance Measure (Subject to change per state contract)

Numerator and Denominator

(NUM/DEM)

Your projections (number)

What/How Much We Do:

How Well We Do It:

Is Anyone Better Off?

21 | P a g e

Who will be responsible for gathering the evaluation data for your organization?

Describe the process for gathering data for the project.

22 | P a g e

ATTACHMENT D: REFERENCES

Please list three references from whom you have received a grant and/or for whom you have performed similar work in the last five years.

Reference #1

Company/Organization Name: ___________________________________________________ Address: ___________________________________________________ City, State, Zip Code: ___________________________________________________ Contact Person: ___________________________________________________ Phone Number: ___________________________________________________ Email: ___________________________________________________ Type of Project: ___________________________________________________ Dates of contract: ___________________________________________________

Reference #2

Address: ___________________________________________________ City, State, Zip Code: ___________________________________________________ Contact Person: ___________________________________________________ Phone Number: ___________________________________________________ Email: ___________________________________________________

Reference #3

Address: ___________________________________________________ City, State, Zip Code: ___________________________________________________ Contact Person: ___________________________________________________ Phone Number: ___________________________________________________ Email: ___________________________________________________

23 | P a g e

ATTACHMENT E: CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE

A conflict of interest is a set of circumstances that creates a risk that professional judgement or actions regarding a primary interest will be unduly influenced by a secondary interest. Conflicts of interest, whether real, perceived, or potential, must be disclosed. Disclosure of a potential conflict of interest does not make it an actual conflict and disclosure of an actual conflict of interest does not remove the conflict but allows the Local Management Board to transparently approach and manage the conflict.

A. “Conflict of interest” means that because of activities or relationships with other persons/organizations: a.

A person/organization is unable or potentially unable to render impartial assistance or advice to the Local Management Board, or b. The person’s/organization’s objectivity in performing the contract work is or might be otherwise impaired, or c. A person/organization has an unfair competitive advantage.

B. The bidder warrants that, except as disclosed in D below, there are no relevant facts or circumstances now giving rise or which could, in the future, give rise to a real, perceived or potential conflict of interest.

C. The following facts or circumstances give rise or could in the future give rise to a real, perceived or potential conflict of interest (explain in detail; if none, write N/A):

D. The bidder agrees that if an actual or potential conflict of interest arises after the date of this affidavit, the bidder will immediately make a full disclosure in writing to the Local Management Board of all relevant facts and circumstances. This disclosure shall include a description of actions which the bidder has taken and proposes to take to avoid, mitigate, or neutralize the actual or potential conflict of interest.

I do solemnly declare and affirm under the penalties of perjury that the contents of this affidavit are true and correct to the best of my knowledge, information and belief.

Signature Date

Printed Name and Title