RFP 2024-08.pdf

RFP 2024-08 Page 1 of 6

REQUEST FOR PROPOSAL (RFP)

FISCAL MAPPING AND STRATEGIC PUBLIC FINANCING

RFP# 2024-08

for

CLARK COUNTY PUBLIC HEALTH

P.O. Box 9825, Vancouver, WA 98666

PROPOSAL DUE:

Wednesday, January 22, 2025, by 5:00 PM PST

1. SUMMARY

Scope of Project: Clark County Public Health (CCPH) is seeking to purchase services to provide coaching, technical assistance, and technical research in support of a cradle-to-career fiscal map and local taxing authority analysis.

Contract Period: February 10, 2025 – June 30, 2026 Optional Extension(s): Two (2) six (6) month periods Total Project Budget: $45,000.00

Questions: Direct questions to GCT@clark.wa.gov.

All questions and answers will be posted here:

https://clark.wa.gov/public-health/about-public-health under Current Solicitations.

2. BACKGROUND

Supporting pregnant and parenting families is a public health priority. In 2021, CCPH launched the Raising Clark County Initiative, a multi-phase project that aims to build supports for infants, young children, parents and caregivers so every child can reach their fullest potential. Information collected during the first phases of the Initiative from Clark County families highlighted the need for affordable, accessible, high quality child care across the County.

CCPH hired a full time Family Initiatives Coordinator (Coordinator) to support the development of community programs and policies that address needs identified by local families. The Coordinator is working with local partners to advance this work.

CCPH is a founding member of the Clark County Children’s Council (Council), which first convened in August of 2022. The Children’s Council mission statement is: The Clark County Children’s Council is dedicated to ensuring that all children have access to affordable, high-quality child care and early learning opportunities. We advocate for policy changes that address the ongoing child care crisis, prioritizing families who are furthest from access. By pushing for inclusive and equitable solutions, we’re working to build a stronger, healthier future for Clark County’s children.

This RFP seeks to purchase services to build out local strategic public financing capacity through coaching and technical assistance. This work is aligned with the Council’s mission and the CCPH Raising Clark County Initiative. The CCPH Family Initiatives Coordinator (Coordinator) will serve as the dedicated staff member committed to developing a fiscal map and building community capacity around utilizing technical findings. Coaching and technical assistance should expand CCPH’s capacity to apply fiscal mapping to other projects and initiatives.

mailto:GCT@clark.wa.gov https://clark.wa.gov/public-health/about-public-health

RFP 2024-08 Page 2 of 6

3. ATTACHMENTS

3.1. Attachment A: Draft Contract

4. INTENDED RFP TIMELINE

Event Due date

Questions and answers due by: 1/8/25

Proposals due by: 1/22/25

Proposal review/evaluation period: 1/23/25 - 1/29/25

Selection committee recommendation: 1/30/25

Contract negotiation/execution: 1/30/25 - 2/9/25

Anticipated contract start date: 2/10/25

5. SUBMITTAL REQUIREMENTS/INSTRUCTIONS

5.1. To be considered responsive to this informal RFP, all proposers shall provide the requested information in the Smartsheet form here. This includes:

5.1.1. Business information

5.1.2. Cost proposal

5.1.3. Certification regarding debarment and other responsibility matters

5.1.4. Resume

5.1.5. Employment Verification MOU, proof of pending enrollment, or a letter if self-employed. See Section 7 below.

5.1.6. Proposal which includes:

5.1.6.1. Project team’s experience providing fiscal mapping technical assistance to organizations, preferably in Washington state and in support of family initiatives.

5.1.6.2. Project team’s experience with coaching and mentoring staff to build skills and capacity.

5.1.6.3. Project team has experience managing similar size projects and using software to display data.

5.2. The completed Smartsheet form shall be submitted by 1/22/25 at 5:00 p.m.

6. Insurance Requirements

6.1. If awarded, Contractor will be required to provide a certificate of insurance within 15 days.

See attached draft contract, Attachment A, Section 17., Insurance, for detailed insurance requirements.

7. EMPLOYMENT VERIFICATION

To be considered responsive to this informal RFP, all proposers shall include with their response, a recent copy of their E-Verify MOU or proof of pending enrollment. Contractors shall provide a report(s) showing status of new employees hired after the date of the MOU. The status report shall be directed to GCT@clark.wa.gov at the end of the contract, or annually, https://app.smartsheet.com/b/form/d948d1b7c55c47a5918d65fb276f663f

RFP 2024-08 Page 3 of 6 whichever comes first. E-Verify information and enrollment is available at the Department of Homeland Security web page: www.dhs.gov/E-Verify.

7.1. The MOU shall be submitted to along with the proposal GCT@clark.wa.gov.

7.2. Self-employed contractors are not required to use E-Verify.

7.2.1. A letter from a self-employed individual may be submitted in place of an MOU.

8. SCOPE OF WORK

9.1. Contractor will build Coordinator capacity to develop a fiscal map in Microsoft Power BI or similar software tool.

9.1.1. Pre-coaching skills assessment: Contractor will onboard CCPH Coordinator through an assessment of Coordinator’s existing technical skills and professional development needs. This will provide grounding for future technical assistance.

9.1.2. Technical training package and syllabus: Contractor will develop a course syllabus for Coordinator to follow that includes performance targets, and provide access to technical trainings, resources or courses in alignment with skill gaps.

9.1.3. Coaching: Contractor and Coordinator meet at least twice monthly to monitor progress and calibrate coaching support.

9.2. Contractor will support Coordinator as they develop a “Cradle to Career” Fiscal Map through regular coaching sessions and offering guidance and thought partnership, including the review of drafts and provision of feedback.

9.2.1. Fiscal map design: Contractor will support Coordinator on design of fiscal map project and adapting a standardized fiscal mapping tool to local needs.

9.2.2. Fiscal map data collection: Contractor will support Coordinator is fiscal mapping data collection and data analysis.

9.2.3. Gap analysis: Contractor will support Coordinator in performing “gap analysis” of the difference between current funding available and amount needed to fund local goals as they are developed by the Children’s Council.

9.3. Contractor will conduct legal research on local taxing authority in Clark County and in local (city) jurisdictions within the County to identify opportunities to generate and dedicate local tax revenue for children and families.

9.3.1. Local Taxing Authority Report: Contractor will complete a memo summarizing their research. Coordinator will provide one round of memo review before document is finalized.

9.3.2. Coaching: Contractor will coach Coordinator through memo findings and support developing a PowerPoint presentation of the findings that can be presented to multiple audiences to facilitate discussion of the options.

http://www.dhs.gov/E-Verify

RFP 2024-08 Page 4 of 6

9. DELIVERABLES/TIMELINE

COACHING SESSIONS

Up to two (2) hours of coaching

Over two (2) hours of coaching

9.1. Contractor and Coordinator will meet at least twice monthly to monitor progress and calibrate coaching support.

9.2. Coaching sessions billed monthly.

9.3. Invoices for services through June of each year must be received by the 10th of the following month.

10. EVALUATION

10.1. Initial Screening

10.1.1. All proposals received will first be reviewed to ensure they’re responsive and the contractor is responsible. If found not to be responsive or responsible, the proposals will not be sent to the evaluation panel for scoring.

10.1.2. The System for Award Management (www.SAM.gov) will be reviewed for responsibility and qualifications.

# DELIVERABLE DUE DATE

1 Pre-coaching skills assessment March 2025

2 Technical training package and syllabus April 2025

3 Completion of fiscal map tool in standardized tool provided by Contractor. December 2026

4 Final local taxing authority memo March 2026

5 Completion of PowerPoint presentation on fiscal map and local taxing authority findings June 2026 http://www.sam.gov/

RFP 2024-08 Page 5 of 6

10.2. An evaluation panel will score the proposals that passed the initial screening based on the following criteria:

Evaluation Criteria # of Points

QUALIFICATIONS

• Project team’s experience providing fiscal mapping technical assistance to organizations, preferably in Washington state and in support of family initiatives.

• Project team has experience using an open-sourced software to display data.

Project Management

• Project team has experience managing similar size projects.

• Proposed schedule and work plan that meet CCPH’s desired timeline.

EXPERIENCE

• Two (2) or more documented consulting projects involving successful fiscal mapping data analysis with a local government/community-based organization within the past three (3) years.

• Documented experience working with local government agencies within the past five (5) years.

BUDGET / COST

• A reasonable price provided for each deliverable.

• The overall proposed cost is reasonable.

Total 100

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PROFESSIONAL SERVICES

HDC.2595

between

CLARK COUNTY

P.O. Box 9825, Vancouver, WA 98666 and

CONTRACTOR

Address, Address 2, City, State, Zip

Service Description: Coaching, technical assistance, and technical research in support of a cradle-to-career fiscal map and local taxing authority analysis.

Supplier Contract Number: SCN0000XXXX Contract Name: CCPH XXX Fiscal Mapping HDC.2595 Contract Period: February 10, 2025 – June 30, 2026 Total Contract Amount: $00,000.00 RFP: 2024-08 Fiscal Mapping and Strategic Public Financing

County Contacts Program Fiscal Contract

Melissa Martin 564.397.7291

Melissa.Martin@clark.wa.gov

Kayla Mobley 564.397.8102

Kayla.Mobley@clark.wa.gov

Holly Barnfather 360.949.6965

GCT@clark.wa.gov

Contractor Contacts Program Fiscal Contract

Name 360.555.555 email@yahoo.com

Name 360.555.555 email@yahoo.com

Name 360.555.555 email@yahoo.com

By signing below, Clark County, hereinafter referred to as “County,” and ______________, hereinafter referred to as “Contractor,” agree to all terms and conditions, exhibits, and requirements of this contract.

CONTRACTOR CLARK COUNTY

Contractor Name, Title Date Kathleen Otto, County Manager Date

APPROVED AS TO FORM ONLY

Amanda Migchelbrink Date Deputy Prosecuting Attorney

ATTACHMENT A

DRAFT CONTRACT

mailto:Melissa.Martin@clark.wa.gov mailto:Kayla.Mobley@clark.wa.gov mailto:GCT@clark.wa.gov mailto:email@yahoo.com mailto:email@yahoo.com mailto:email@yahoo.com

HDC.2595 Page 2 of 21

TERMS AND CONDITIONS

1. Services. The Contractor shall perform services as set forth in Exhibit A.

2. Time. The contract shall be effective beginning February 10, 2025, and ending June 30, 2026.

County reserves the right to extend the contract two (2) six (6) month periods, with the same terms and conditions, upon a written amendment to this Contract signed by both parties.

3. Compensation. County shall pay the Contractor for performing said services net 30 days upon receipt of a written invoice, according to the schedule set forth in Exhibit A, Statement of Work, which is attached hereto and incorporated herein by this reference. The parties mutually agree that in no event may the amount billing exceed $00,000.00 without prior approval of the County and upon a written amendment to this Contract signed by both parties. This Contract is contingent upon funding being available for the term of the Contract and the Contractor shall have no right of action against the County in the event that the Contractor is unable to perform its obligations under this Contract as a result of the suspension, termination, withdrawal, or failure of funding to the County or lack of sufficient funding of the County for this Contract.

Any work performed prior to effective date of this Contract will be at the sole expense and risk of the Contractor.

3.1. The invoice shall include:

3.1.1. Payee information, (Agency Name, Address, phone/email)

3.1.2. Invoice date

3.1.3. Period of services included on invoice

3.1.4. Invoice number

3.1.5. Supplier Contract Number: SCN0000XXXX

3.1.6. Payor information:

Clark County Public Health Attn: CHAP

PO BOX 9825

Vancouver, WA 98666

3.2. Invoices shall be sent electronically to: CHAP@clark.wa.gov.

4. Price Adjustment. The Contractor is not prohibited from requesting a price increase on its services offered under the contract. The County is not prohibited from requesting a price reduction on those services during the initial term or any subsequent options that the County mailto:CHAP@clark.wa.gov

HDC.2595 Page 3 of 21 may agree to exercise. If agreement is reached to extend this contract beyond the initial two (2) year period, either party shall have the option of offering a determined price adjustment that shall not exceed the current All Urban Consumers Price Index (CPI-U), U.S. City Average. If the

CPI-U is used, any increase/decrease shall reflect the change during the previous published twelve (12) month period at the time of renegotiation.

5. Termination. The County may terminate this Contract immediately upon any breach by

Contractor in the duties of Contractor as set forth in Contract. The waiver by the County of one or more breaches shall not be construed as a waiver of any subsequent breach or breaches.

Either party may terminate this Contract without cause upon ninety (90) days prior written notice. Further, County may terminate this Contract upon immediate notice to Contractor in the event that the funding for the project ceases or is reduced in amount. The Contractor will be reimbursed for services expended up to the date of termination. Within fourteen (14) days of any termination, the Contractor will provide all work products and working documents developed within the effective term of the contract.

6. Independent Contractor. The Contractor shall always be an independent Contractor and not an employee of the County and shall not be entitled to compensation or benefits of any kind, except as specifically provided herein.

7. Indemnification/Hold Harmless. The Contractor shall defend, indemnify, and hold the County, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits, including attorney fees, arising out of or resulting from the negligent acts, errors, or omissions of the Contractor in performance of this Contract, except for injuries and damages caused by the sole negligence of the County. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the County, its officers, officials, employees, and volunteers, the Contractor’s liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Contract.

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8. Wage and Hour Compliance. Contractor shall comply with all applicable provisions of the Fair

Labor Standards Act and any other legislation affecting its employees and the rules and regulations issued thereunder insofar as applicable to its employees and shall always save County free, clear, and harmless from all actions, claims, demands, and expenses arising out of said act and the rules and regulations that are or may be promulgated in connection therewith.

9. Social Security and Other Taxes. The Contractor assumes full responsibility for the payment of all payroll taxes, use, sales, income, or other form of taxes, fees, licenses, excises, or payments required by any city, federal, or state legislation that is now or may during the term of this contract be enacted as to all persons employed by the Contractor in performance of the work pursuant to this Contract and shall assume exclusive liability therefore, and meet all requirement's thereunder pursuant to any rules and regulations that are now and may be promulgated in connection therewith.

10. Contract Documents. The contract documents included in this contract include Exhibit A, Scope of Work, Exhibit B, Special Terms and Conditions. If there is a conflict between the provisions of these documents, the provisions of this Contract shall control.

11. Equal Employment Opportunity. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, gender, gender identity, sexual orientation, age, disability, marital status, or national origin.

12. Changes. County may, from time to time, require changes in the scope of the services to be performed hereunder. Such changes, including any increase or decrease in the amount of the

Contractor's compensation, which are mutually agreed upon by and between County and the

Contractor, shall be in writing, signed by both parties, and incorporated in the written amendments to the Contract.

13. Public Records Act. Notwithstanding the provisions of this contract to the contrary, to the extent any record, including any electronic, audio, paper, or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, RCW

Chapter 42.56, as may hereafter be amended, Contractor agrees to maintain all records constituting public records and to produce or assist Clark County in producing such records, within the time frames and parameters set forth in state law. Contractor further agrees that upon receipt of any written public record request from the public to the Contractor, Contractor

HDC.2595 Page 5 of 21 shall, within two business days, notify Clark County of receipt of the request by providing a copy of the request to the Clark County Public Records Officer.

14. Governing Law. This contract shall be governed by the laws of the State of Washington. Venue for any litigation shall be in Superior Court for the State of Washington in Clark County, Washington.

15. Confidentiality. With respect to all information relating to County that is confidential and clearly so designated, the Contractor agrees to keep such information confidential.

16. Conflict of Interest. The Contractor covenants that it has had no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services hereunder. The Contractor further covenants that no person having such interest shall be employed by or shall perform services as an independent contractor with it, in the performance of this contract.

17. Insurance.

17.1. Commercial General Liability Insurance. The Contractor specifically confirms and warrants that it has commercial general liability insurance with minimum limits of

$1,000,000 per occurrence and $2,000,000 annual aggregate for bodily injury and property damage. The deductible will not be more than $50,000 unless prior arrangements are made with Clark County on a case-by-case basis; the criterion is the Contractor’s liquidity and ability to pay from its own resources regardless of coverage status due to cancellation, reservation of rights, or other no-coverage-enforce reason.

17.2. Professional Liability. The Contractor shall obtain, at Contractor’s expense, and keep in force during the term of this contract Professional Liability insurance policy to protect against legal liability arising out of its errors and omissions. Such insurance shall provide a minimum of $1,000,000 per occurrence and $1,000,000 annual aggregate. The deductible will not be more than $25,000 unless prior arrangements are made with Clark County on a case-by-case basis; the criterion is the Contractor’s liquidity and ability to pay from its own resources. It should be an “Occurrence Form” policy. If the policy is “Claims

Made”, then Extended Reporting Period Coverage (Tail coverage) shall be purchased for

HDC.2595 Page 6 of 21 three (3) years after the end of the contract term. At all times, Contractor's policy, limits, and coverage will be primary and non-contributory as respect to the Contractor.

17.3. Primary and Non-Contributory. Contractor's insurance coverage shall be primary insurance as it relates to County, its officers, agents, employees, and volunteers. Any insurance or self-insurance maintained by County, its officers, employees, or volunteers shall be excess of Contractor's insurance and shall not contribute with it in any way.

17.4. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this contract shall be endorsed to waive subrogation against County, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against County, and if applicable, shall require similar written express waivers and insurance clauses from each of its subcontractors.

17.5. Worker’s Compensation. As required by the industrial insurance laws of the State of

Washington.

17.6. Proof of Insurance. The Contractor shall provide ACORD certificate(s) which includes the requirements listed above and shall assure that Clark County is listed as an additional insured. All policies must have a Best’s Rating of A-VII or better. Failure to provide

County proof of insurance within fifteen (15) days upon Contract execution is agreed by both parties to be a material breach of his Contract and may result in termination of this

Contract pursuant to Paragraph four (4) above.

18. Consent and Understanding. This contract contains a complete and integrated understanding of the Contract between the parties and supersedes any understandings, contract, or negotiations, whether oral or written, not set forth herein or in written amendments hereto duly executed by both parties.

19. Force Majeure. Neither party will be liable for failure or delay to perform obligations under this

Contract, which have become practicably impossible because of circumstances beyond the reasonable control of the applicable party. Such circumstances include without limitation natural disasters or acts of God; acts of terrorism; labor disputes or stoppages; war; government acts or orders; epidemics, pandemics, or outbreak of communicable disease; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, HDC.2595 Page 7 of 21 beyond the party’s reasonable control. Written notice of a party’s failure or delay in performance due to force majeure must be given to the other party no later than five (5) business days following the force majeure event commencing, which notice shall describe the force majeure event and the actions taken to minimize the impact thereof. All delivery dates under this

Contract affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations and deliverables for mutually agreed dates as soon as practicable after the force majeure condition ceases to exist.

20. Debarment or Exclusion. The Contractor certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in any federally funded program by any federal department or agency (Excluded Person) and that no owner, director, officer, or partner with an ownership or control interest in the Contractor is an

Excluded Person. In addition, Contractor certifies that no employee or subcontractor of

Contractor who will perform work (whether directly or indirectly) under this Contract is an

Excluded Person.

21. Severability. If any provision of this contract is held invalid, the remainder would then continue to conform to the terms and requirements of applicable law.

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STATEMENT OF WORK

1. Background/Purpose Supporting pregnant and parenting families is a public health priority. In 2021, Clark County Public Health (CCPH) launched the Raising Clark County Initiative, a multi-phase project that aims to build supports for infants, young children, parents and caregivers so every child can reach their fullest potential. Information collected during the first phases of the Initiative from Clark County families highlighted the need for affordable, accessible, high quality child care across the County.

CCPH hired a full time Family Initiatives Coordinator (Coordinator) to support the development of community programs and policies that address needs identified by local families. The Coordinator is working with local partners to advance this work.

CCPH is a founding member of the Clark County Children’s Council (Council), which first convened in August of 2022. The Council mission statement is: The Council is dedicated to ensuring that all children have access to affordable, high-quality child care and early learning opportunities.

We advocate for policy changes that address the ongoing child care crisis, prioritizing families who are furthest from access. By pushing for inclusive and equitable solutions, we’re working to build a stronger, healthier future for Clark County’s children.

This contract, resulting from informal RFP #2024-08, seeks to build out local strategic public financing capacity through coaching and technical assistance resulting in an online, publicly accessible fiscal map and report on public financing opportunities in support of children and families. This work is aligned with the Council’s mission and the CCPH Raising Clark County Initiative. The Coordinator will serve as the dedicated staff member committed to developing a fiscal map and building community capacity around utilizing technical findings. Coaching and technical assistance should expand CCPH’s capacity to apply fiscal mapping to other projects and initiatives.

2. Mandatory Requirements

2.1. Contractor uses an open-source free software data tool to report the data.

3. Scope of Work

3.1. Contractor will build Coordinator capacity to develop a fiscal map in Microsoft Power BI or similar software tool.

3.1.1. Pre-coaching skills assessment: Contractor will onboard CCPH Coordinator through an assessment of Coordinator’s existing technical skills and professional development needs. This will provide grounding for future technical assistance.

3.1.2. Technical training package and syllabus: Contractor will develop a course syllabus for Coordinator to follow that includes performance targets, and provide access to technical trainings, resources or courses in alignment with skill gaps.

3.1.3. Coaching: Contractor and Coordinator meet at least twice monthly to monitor progress and calibrate coaching support.

3.2. Contractor will support Coordinator as they develop a “Cradle to Career” Fiscal Map through regular coaching sessions and offering guidance and thought partnership, including the review of drafts and provision of feedback.

HDC.2595 Page 9 of 21

3.2.1. Fiscal map design: Contractor will support Coordinator on design of fiscal map project and adapting a standardized fiscal mapping tool to local needs.

3.2.2. Fiscal map data collection: Contractor will support Coordinator is fiscal mapping data collection and data analysis.

3.2.3. Gap analysis: Contractor will support Coordinator in performing “gap analysis” of the difference between current funding available and amount needed to fund local goals as they are developed by the Children’s Council.

3.3. Contractor will conduct legal research on local taxing authority in Clark County and in local

(city) jurisdictions within the County to identify opportunities to generate and dedicate local tax revenue for children and families.

3.3.1. Local Taxing Authority Report: Contractor will complete a memo summarizing their research. Coordinator will provide one round of memo review before document is finalized.

3.3.2. Coaching: Contractor will coach Coordinator through memo findings and support developing a PowerPoint presentation of the findings that can be presented to multiple audiences to facilitate discussion of the options.

4. Deliverable, Timeline, Milestone Payment

4.1. Deliverable

4.2. Coaching Sessions

COACHING SESSIONS AMOUNT

Up to two (2) hours of coaching $

Over two (2) hours of coaching $

DELIVERABLE DUE DATE MILESTONE

PAYMENT

Pre-coaching skills assessment March 2025 $

Technical training package and syllabus April 2025 $

Completion of fiscal map tool in standardized tool provided by Contractor. December 2026 $

Final local taxing authority memo March 2026 $

Completion of PowerPoint presentation on fiscal map and local taxing authority findings June 2026 $

HDC.2595 Page 10 of 21

4.3. Contractor and Coordinator will meet at least twice monthly to monitor progress and calibrate coaching support.

4.4. Coaching sessions billed monthly.

4.5. Invoices for services through June of each year must be received by the 10th of the following month.

HDC.2595 Page 11 of 21

EXHIBIT B

SPECIAL TERMS AND CONDITIONS

(if applicable)

1. Access, Monitoring, and Inspections. Applicable for contracts that impact public fees.

1.1. Contractor agrees to cooperate and participate in the County's monitoring and evaluation process. The Contractor shall furnish documents, reports, statements, records, data, and other information to the County, state, federal, or other funding agencies at such times and on such forms as are specified by the County. This may include agreements the Contractor has with other entities.

1.2. Contractor grants the County the right of access to examine or transcribe any records, books, financial statements, papers, and documents relating to this Contract. The Contractor’s records, books, financial statements, papers, and documents, with respect to all matters, shall be subject at all times to inspection, review, or audit by the County, federal, or state officials during the performance of a Contract with the County and during the period of document retention.

2. Fair Housing and Non-discrimination. Applicable for contracts that involve participant housing, including isolation and quarantine facilities.

2.1. The Contractor shall comply with all local, state, and federal fair housing and non-discrimination laws, regulations, and policies. Contractor shall take necessary and appropriate actions to prevent discrimination in rental units assisted through the contracted funding sources.

2.2. In accordance with the decision in United States v. Windsor, 133 S. Ct. 2675 (June 26, 2013), and section 3 of the Defense of Marriage Act, codified at 1 USC 7, in any grant-related activity in which family, marital, or household considerations are, by statute or regulation, relevant for purposes of determining beneficiary eligibility or participation, grantees must treat same-sex spouses, marriages, and households on the same terms as opposite sex spouses, marriages, and households, respectively.

3. Prevailing Wage. Applicable for public works contracts, such as janitorial, landscaping, maintenance, repairs, construction, etc.

3.1. This Clark County Public Health contract requires prevailing wages under chapter 39.12

RCW. Any worker, laborer, or mechanic employed in the performance of any part of the work shall be paid not less than the applicable prevailing rate of wage.

3.1.1. The effective date for prevailing wages on this project will be the prime contractor’s bid due date with these exceptions:

3.1.1.1. If the project is not awarded within six (6) months of the bid due date, the award date is the effective date.

3.1.1.2. If the project is not awarded pursuant to bids, the award date (the date the contract is executed) is the effective date.

3.1.1.3. Janitorial contracts follow WAC 296-127-023.

HDC.2595 Page 12 of 21

3.2. For janitorial contracts, the rates require annual (contract year) updates with Intent and

Affidavit filings.

3.3. Look up the prevailing rates of pay, benefit, and overtime codes from this link:

http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp .

3.4. For prevailing wage questions, contact the Dept. of Labor and Industries at

PW1@Lni.wa.gov or 360-902-5335.

3.5. Required Prevailing Wage Documents:

3.5.1. On forms approved by the Industrial Statistician of Washington State Dept. of

Labor & Industries (L&I), the Contractor shall submit to Clark County Public Health the following for itself and for each firm covered under RCW 39.12 that provided Work and materials for the Contract:

3.5.1.1. A copy of an approved “Statement of Intent to Pay Prevailing Wages” required by RCW 39.12.040. The County will make no payment under this Contract for the Work performed until this statement has been approved by L&I and a copy of the approved form has been provided.

3.5.1.2. A copy of an approved “Affidavit of Prevailing Wages Paid”, required by

RCW 39.12.040. The Contracting Agency will not grant Completion (acceptance of the contract) until all approved Affidavit of Wages paid for Contractor and all Subcontractors have been received. The Contracting Agency will not release to the Contractor any funds retained under RCW

60.28.011 until all of the “Affidavit of Prevailing Wages Paid” forms have been approved by L&I and a copy of all the approved forms provided.

3.5.1.3. The contractors and subcontractors must submit certified payroll records to

L&I as required by RCW 39.12.120.

3.5.1.4. The Contractor shall be responsible for any form filing fees required by L&I.

3.6. Prevailing Wage Unit-priced Contract.

3.6.1. Time. The contract term shall not exceed one (1) year. The county reserves the right to extend the contract for an additional one (1) year period, with the same terms and conditions, by service of a written notice of its intention to do so prior to the contract termination date.

4. Federal Certifications and Assurances. Applicable for contracts (not subaward) that use $0.01 or greater of federal funds 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II

4.1. Equal Employment Opportunity

4.1.1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp mailto:PW1@Lni.wa.gov

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Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

4.1.2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

4.1.3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

4.1.4. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4.1.5. The contractor will comply with all provisions of Executive Order 11246 of

September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

4.1.6. The contractor will furnish all information and reports required by Executive Order

11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

4.1.7. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

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4.1.8. The contractor will include the provisions of paragraphs (1.1) through (1.8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

4.2. Davis Bacon Act and Copeland Anti-Kickback Act

4.2.1. The Contractor shall pay their laborers and mechanics minimum wage rates not less than once a week in accordance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R.

Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction)) as pertinent to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 C.F.R. Parts 3 and 5, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided that if wage rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve the Contractor of its obligation, if any, of the requirements of 29 C.F.R. §5.5.

4.2.2. In addition to the federal wage rate requirements referenced in the section above, Washington state law (RCW 39.12) also contains standards for determining when a project is a public work for the purposes of state law and the payment of prevailing wage rates. By signing this Contract, the Contractor agrees to defend and hold the County harmless from any claims based on alleged failure to pay prevailing wages.

4.2.3. The Contractor shall be responsible for the payment of prevailing wages, if applicable, and will demonstrate its compliance by uploading the following documents to the Washington Department of Labor and Industries web portal:

4.2.3.1. A “Statement of Intent to Pay Prevailing Wage” at the start of the project.

4.2.3.2. An “Affidavit of Wages Paid” at the end of the project with the final payment request. The County may withhold final payment on the project until such time as both documents have been received.

4.2.4. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.

4.2.5. The contractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.

The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

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4.2.6. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

4.3. Contract Work Hours and Safety Standards Act

4.3.1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

4.3.2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (3.1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph

(1) of this section.

4.3.3. Withholding for unpaid wages and liquidated damages. Clark County Public Health) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.

4.3.4. Each contract in an amount greater than $100,000 that is entered into under legislation subject to Reorganization Plan Numbered 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267) and is for construction, alteration, and repair, including painting and decorating, must provide that no contractor or subcontractor contracting for any part of the contract work shall require any laborer or mechanic employed in the performance of the contract to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to health or safety, as established under construction safety and health standards the Secretary of Labor prescribes by regulation based on proceedings pursuant to section 553 of title 5, provided that the proceedings include a hearing similar in nature to that authorized by section 553 of title 5.

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4.3.5. Subcontracts. The Contractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.

4.4. Clean Air Act and the Federal Water Pollution Control Act

4.4.1. Clean Air Act. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq.

4.4.1.1. The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

4.4.1.2. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

4.4.2. Federal Water Pollution Control Act

4.4.2.1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

4.4.2.2. The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

4.4.2.3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

4.5. Debarment and Suspension

4.5.1. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.

pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

4.5.2. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

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4.5.3. This certification is a material representation of fact relied upon by Contractor. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to Clark County Public Health, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

4.5.4. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

4.6. Byrd Anti-Lobbying Certification

4.6.1. Contractor certifies, to the best of his or her knowledge and belief, that no Federal appropriated funds have been paid or will be paid, by or on behalf of Contractor to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

4.6.2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, Contractor shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

4.6.3. Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and…