RFP-EEOInvestigationServices.pdf

Updated 3/8/2022

DEPARTMENT OF PERSONNEL SERVICES -

EQUAL EMPLOYMENT OPPORTUNITY OFFICE

REQUEST FOR PROPOSAL

OUTSIDE INVESTIGATION SERVICES

Request For Proposal

Outside Investigation Services

TABLE OF CONTENTS

Page

TIMELINE

INVITATION

BACKGROUND

SCOPE OF SERVICES

MINIMUM QUALIFICATIONS

PROPOSAL REQUIREMENTS

RFP CLARIFICATION

RFP AMENDMENTL

PROPOSAL FORMAT

PROPOSAL CONDITIONS

PROPOSAL SUBMISSION

COMPLIANCE WITH CHILD, FAMILY, AND SPOUSAL SUPPORT REPORTING

SELECTION OF CONTRACTOR

AGREEMENT REQUIREMENTS

INSURANCE REQUIREMENTS

EMPLOYMENT PRACTICES

COUNTY POLICIES

EXHIBITS

OUTSIDE INVESTIGATION SERVICES

REQUEST FOR PROPOSAL TIMELINE

DATE ACTIVITY LOCATION

Monday, March 7, 2022 Request for Proposal

(RFP) available to prospective proposers

OPENGOV Procurement

Monday, March 21, 2022 Deadline for RFP

Clarification Questions

Upload to OPENGOV Procurement

Monday, April 4, 2022 Answers to RFP

Clarification Questions Distributed

OPENGOV Procurement

Friday, April 22, 2022 5:00 p.m.

Final date and time to submit proposals

Upload to OPENGOV Procurement

Week of April 25, 2022 Evaluation of written proposals

EEO Office Department of Personnel

Services 700 H Street, Suite 5720 Sacramento, CA 95814

Week of May 2, 2022

Interviews (if deemed necessary)

Via Teleconferencing

Week of May 16, 2022 Notification to All

Proposers OPENGOV Procurement

Week of June 6, 2022 Contract Finalization email

Tuesday, July 12, 2022 Approval of service contract(s) by the

Board of Supervisors

Board of Supervisors 700 H Street

Sacramento, CA 95814

COUNTY OF SACRAMENTO

REQUEST FOR PROPOSAL (RFP)

NON-COUNTY INVESTIGATION SERVICES

I. INVITATION

The County of Sacramento Equal Employment Office (County) is inviting submission of written proposals from qualified individuals, and/or firms specializing in the area of investigating discrimination, sexual harassment, whistle-blower claims, and/or other similar employment-related complaints, particularly in the public sector, to provide investigative services to the County of Sacramento for those circumstances in which an investigation by a non-County employee is advisable, and to provide investigative services for similar types of claims where the County experiences a conflict of interest.

Contracted individuals, and/or firms will be expected to conduct an investigation from the time the formal complaint is filed to completion of the investigation, which will include preparation of the report of findings to be submitted to designated County Officials. Contracted individuals and/or firms will also be expected to be available to testify and attend any administrative/judicial proceedings related to the investigation if needed.

Qualified individuals, and/or firms selected will be invited to enter into a contract with the County for three years, commencing on or about August 1, 2022. Contracts may be renewed for an additional three years, with one-year amendments, at the County’s discretion based upon this RFP process. The County reserves the right to retain additional individuals, and/or firms during the contract period if deemed in the best interests of the County.

The County will accept proposals until Friday, April 22, 2022, at 5:00 p.m. (PST).

II. BACKGROUND

The County of Sacramento has approximately 12,000 employees, with an estimated payroll of $872 million. There are over 38 different departments that provide a variety of services to Sacramento County citizens. The functions which these employees perform include plant operation and maintenance, equipment operation and maintenance, motor vehicle maintenance and repair, janitorial services, animal care and regulation services, refuse collection, office/clerical, professional, medical, administrative and managerial services, mental health, human assistance and health services, law enforcement and detention facility operation, building, restaurant, and other facility inspections, and field operations.

The County of Sacramento conducts their own investigations of discrimination and sexual harassment complaints. However, the County anticipates that there may be times when it is more appropriate that an investigation be conducted by an investigator who is not a County employee and seeks a mechanism to facilitate expediting access to such investigators when circumstances arise.

The County also, from time to time, encounters situations where it is a conflict of interest for a County employee to conduct an investigation.

In those instances, an independent outside investigator is utilized to maintain the integrity of the investigative process.

The County’s Policy on Discrimination, Harassment, and Retaliation (Administrative Policy #601), which includes an Outside Investigator policy (Exhibit C). The need for such investigations may include circumstances other than those covered by Administrative Policy #601.

The following chart represents the total amount paid for investigative services in previous fiscal years:

Fiscal Year Total Paid

2018 - 2019 $ 6,687

2019 - 2020 $38,548

2020 - 2021 $77,266

III. SCOPE OF SERVICES

Selected individuals/firms/organizations will be expected to conduct the full investigation, which may include but is not limited to:

Meeting with complainant.

Identifying type of complaint (sexual harassment, racial discrimination, etc.).

Conducting interviews of the complainant, respondent and all witnesses.

Writing report of findings.

Providing all written documentation along with report of findings to the County of Sacramento.

Being available to testify and attend any administrative/judicial proceedings related to the investigation if needed.

Attend meetings to report findings if necessary.

Keep strictest confidentiality regarding investigation, reporting, and results.

IV. COMPENSATION

Investigation services will be compensated on a professional fee basis as follows:

1. Investigation Services Fees. The fees must include the following services:

Investigation services (per hour – include administration expenses).

Mileage (per mile).

Photo Expense (each).

Copies (per page).

Official Reports (cost).

All support staff/clerical assistance and any reasonable incidental expenses are considered part of the investigation services fee, and are not to be billed separately.

2. Fees for testimony in deposition and trials.

3. Fees for limited activity and background checks.

V. MINIMUM QUALIFICATIONS

The minimum qualifications for individuals, and/or firms submitting a proposal are as follows:

1. Each investigator assigned to a case must have a minimum of 3 years of experience conducting investigations of discrimination, sexual harassment, whistle-blower claims, and/or other similar complaints. Experience must include substantial interaction with the Department of Fair Employment and Housing (DFEH) and the Equal Employment Opportunity Commission (EEOC).

2. Individuals and/or firms, as well as offices and locations, must be in compliance with the standards required by the Americans with

Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the Fair Employment and Housing Act (Government Code §§ 12900 et seq).

3. Selected proposer(s) shall, during the life of the contract, continuously comply with all applicable County, ordinances, regulations and policies.

4. Must have public agency experience.

5. Individuals and/or firms will be required to meet the insurance conditions outlined in Exhibit A.

VI. PROPOSAL REQUIREMENTS – Individuals and/or firms interested in submitting a proposal must provide the following information:

A. Name and address of individual and/or firm, date established, and location of individual’s and/or firm’s functional working office that will perform the requested services.

B. The number of managers, attorneys, investigators, and clerical personnel working for your firm. (Please provide an organizational chart.)

C. Detailed resume of investigators that will be assigned cases, outlining experiences in conducting investigations of discrimination, sexual harassment, whistle-blower claims, and/or other similar employment-related complaints in the public sector and with other large organizations. Indicate experience with agency-wide investigations and interaction across all levels of the organization, line staff, manager and employee organizations including:

Public Sector Law Enforcement, include experience investigating employees covered by the “Peace Officers Bill of Rights” Management Employees

D. Type and extent of individual, and/or firm’s security clearance of employees;

E. Experience in testifying in court regarding investigation conduct;

F. Proposed fees as described in paragraph IV, 1-3. The schedule must specify all proposed fees for the initial three-year term of the contract, as well as for the optional three annual renewal terms

(Note: after execution of the contract, any changes to the fee schedule would require approval by the Board of Supervisors

G. Detailed factual data demonstrating compliance with all the minimum qualifications as specified in paragraph V, 1-5.

H. A summary of your individual, and/or firm’s employment policies and procedures including any equal employment opportunity policies. (If your firm/organization has no equal employment opportunity policy, provide a written explanation);

I. Response time to the County of Sacramento once you have been contacted to begin an investigation.

Vendor shall respond within 24 hours.

Vendor shall assign an investigator, and investigation shall begin within 48 hours.

Investigation shall be completed in a timely manner.

J. Provide a list of three (3) current references, to include public entity and/or large corporation experience, with names and phone numbers of individual to be contacted for whom similar projects have been performed. Additionally, provide a list including the name, contact and phone number of at least three (3) clients who have discontinued services with your firm over the last 36 months, and note the reason the client left your firm. Include experience with Public Sector and law enforcement.

K. Attach the completed Certification form regarding the Child, Family and Spousal Support.

L. Such other information as the proposer may wish to include.

VII. RFP CLARIFICATION

Questions regarding this RFP must be submitted online and received no later than 5:00 p.m. on Monday, March 21, 2022. Questions received after this deadline will not receive a response. Questions must include the name and email address of the submitter. Answers will display to all known prospective proposers by Monday, April 4, 2022.

VIII. RFP AMENDMENT

The County will issue a formal written amendment to all known prospective individuals, and/or firms if it becomes evident that this RFP must be amended.

IX. PROPOSAL FORMAT

All proposals must be clearly identified and include a “Table of Contents” utilizing “Proposal Requirements” as a guide. Any information that does not logically satisfy the outlined proposal requirements shall be appended to the end of the proposal. All proposals must include page numbers. All proposals must be in either Word or PDF format, with Word preferred.

X. PROPOSAL CONDITIONS

A proposal may be rejected if it is conditional or incomplete. Minor irregularities or informalities in any response, which are immaterial or inconsequential in nature, and are neither affected by law nor a substantial variance with RFP conditions, may be waived at our discretion whenever it is determined to be in the County’s best interest. Firms submitting proposals agree to the following conditions:

A. Late proposals will not be accepted and will be rejected.

B. All costs incurred by a proposer in preparing or submitting their proposal are the proposer’s sole responsibility. The County will not reimburse any proposer for any costs incurred.

C. The County of Sacramento reserves the right to reject any or all proposals or elect not to award any contract as a result of this competitive procurement process.

D. The County of Sacramento reserves the right to request additional written or oral information from proposers in order to obtain clarification of their responses.

E. Submittal of a response authorizes the County to investigate the background and current performance of your firm.

F. The County will treat all information submitted in a proposal as available for public inspection once a firm has been approved by the Board of Supervisors. If you believe that you have a legally justifiable basis under the California Public Records Act (Government Code Section 6250 et seq.) for protecting proprietary information contained within your proposal, you must identify any such information, together with the legal basis for your claim of confidentiality, in your proposal. In order for the County to assert the confidentiality of any such information on your behalf, you must request, execute and submit a County of Sacramento-prepared written agreement to defend and indemnify the County for any liability, costs and expenses incurred in asserting such confidentiality as part of your proposal. The final determination as to whether or not the County will assert your claim of confidentiality on your behalf shall be at the sole discretion of the County. This written agreement may be obtained by contacting Cori Stillson, Equal Employment Opportunity Officer at EEOOffice@saccounty.gov or (916) 874-7148.

G. This is a non-exclusive agreement. Other providers may be added in the future, if appropriate.

XI. PROPOSAL SUBMISSION

Proposals must be received in electronically by 5:00 p.m. (PST) on Friday, April 22, 2022. If there are any issues submitting the proposal contact Cori Stillson, Equal Employment Officer at EEOOffice@saccounty.gov or (916) 874-7148.

XII. COMPLIANCE WITH CHILD, FAMILY, AND SPOUSAL SUPPORT

REPORTING OBLIGATIONS

Any firm submitting a response to this RFP must certify compliance with state and federal child, family and spousal support requirements (Exhibit D). Failure to submit the certification shall be grounds for a finding that the proposal is non-responsive.

XIII.SELECTION OF CONTRACTOR

All proposals that conform to the requirements as outlined in this RFP will be evaluated by a selection panel. If the panel decides to interview firms, selected firms will then be interviewed by the selection panel during the week of May 2, 2022. Interviews may not be conducted if the written proposal materials are sufficient for the panel to make a decision.

mailto:EEOOffice@saccounty.gov mailto:EEOOffice@saccounty.gov

If the selection panel does choose to conduct interviews, the selection panel may interview less than the total number from among those individual and/or firms submitting proposals and meeting the minimum qualifications. Represented on the teleconference interview should be no more than three representatives employed by those individual and/or firms. The sole purpose of the evaluation process is to determine from among the responses received which firm is best suited to meet the County’s needs. Any final analysis or weighted point score does not imply that one proposer is superior to another, but simply that in the selection panel’s judgment, the contractor selected appears to offer the best overall solution for our current and anticipated needs. The selection panel will formulate a recommendation to the Board of Supervisors. The Board of Supervisors will make a final determination relating to the selection.

The decision of the Board is final. After final approval of the Board is granted, the County will enter into agreement with the selected individual, and/or firms.

XIV. AGREEMENT REQUIREMENTS

The selected firm will be required to agree to standard County contract stipulations which includes but is not limited to the following provisions: Compliance with Laws; Licenses and Permits; Contractor Status; Contractor Identification; Compliance with Child, Family and Spousal Support Reporting Obligations; Conflict of Interest;

Nondiscrimination in Employment, Services, Benefits, and Facilities;

Indemnification; Information Technology Assurances; Legal Services Administration; Penalties; Disputes;, Termination; et al.

During the contract term, conflicts of interest between the proposer and retained law firms, vendors, contractors, suppliers, or any person or entity from whom the proposer purchases goods or services for benefit of the County, are strictly prohibited. Proposer shall not undertake any commitments or activities adverse to the County.

XV. INSURANCE REQUIREMENTS

See Exhibit A for contractor insurance requirements.

XVI. EMPLOYMENT PRACTICES

See Exhibit B for Sacramento County’s Equal Employment Opportunity Policy.

XVII. COUNTY POLICIES

See Exhibit C for Administrative Policy, #601 Discrimination, Harassment, and Retaliation, which includes a section regarding the Use of Outside Investigators

XVIII.EXHIBITS

Exhibit A. Insurance Requirements for Contractors.

Exhibit B. Sacramento County Equal Employment Opportunity Policy.

Exhibit C. County Administrative Policy, #601 Discrimination, Harassment, and Retaliation

Exhibit D. Compliance with Child, Family, and Spousal Support

Reporting Obligations

Insurance Requirements for Contractors Exhibit A

EXHIBIT A

COUNTY OF SACRAMENTO

INSURANCE REQUIREMENTS FOR BUSINESS SERVICES, VENDORS,

OR CONSULTING FIRMS; WITH OPTIONAL COVERAGES INCLUDED

(CYBER LIABILITY, PROFESSIONAL LIABILITY)

1.0. INSURANCE REQUIREMENTS

1.1. CONTRACTOR shall procure, maintain, and keep in force at all times during the term of the Contract, at CONTRACTOR’s sole expense, the following minimum required insurance policies and limits which are intended for the protection of COUNTY and the public. CONTRACTOR’s obligations for loss or damage arising out of CONTRACTOR’s work or services are in no way limited by the types or amounts of insurance set forth herein. In specifying minimum insurance requirements herein, COUNTY does not assert that the required minimum insurance is adequate to protect CONTRACTOR. CONTRACTOR is solely responsible to inform itself of the types and amounts of insurance it may need beyond these requirements to protect itself from loss, damage or liability. It is the sole responsibility of CONTRACTOR to notify its insurance advisor or insurance carrier(s) regarding coverage, limits and forms specified in this Insurance

Requirements Exhibit.

1.2. COUNTY reserves the right to modify the required minimum insurance coverages and limits depending on the scope and hazards of the work or services to be provided. COUNTY’s requirements shall be reasonable but shall be imposed to assure protection from and against the kind and extent of risks that exist at the time a change in insurance is required. Any claim by CONTRACTOR that

COUNTY’s insurance changes result in higher costs will be subject to review and approval by COUNTY, whose approval will not be unreasonably withheld.

1.3. Where a specific Insurance Services Office (ISO) form is referenced in these Requirements or the CONTRACTOR utilizes “a form or policy language as broad in scope and coverage” to satisfy the insurance requirements required herein, CONTRACTOR shall use the most recently approved State edition or revision of the form(s) or policy language to satisfy the insurance requirements.

2.0. Verification of Coverage

2.1. CONTRACTOR shall furnish COUNTY with original certificates and copies of required endorsements, or original certificates and copies of the applicable insurance policy language effecting coverage required by this Exhibit; or a combination thereof.

2.2. COUNTY reserves the right to require that CONTRACTOR also provide a copy of the declarations page and a copy of the schedule of forms and endorsements of each policy of insurance required herein. COUNTY further reserves the right to require that CONTRACTOR, through its broker, provide explanatory memoranda regarding coverages, endorsements, policy language, or limits as required herein. All required verifications of coverage are to be received and accepted by COUNTY before work or services commence. However, failure to obtain the required documents prior to the work beginning shall not waive

CONTRACTOR’s obligation to provide them.

2.3. COUNTY reserves the right to require complete copies of all required insurance policies, including endorsements, required by this Exhibit, at any time and with reasonable notice.

2.4. If CONTRACTOR utilizes proprietary coverage forms or endorsements, CONTRACTOR has the option of having its broker provide explanatory memoranda confirming coverage and limits as required herein.

3.0. Minimum Scope of Insurance and Limits

CONTRACTOR’s coverage shall include the following:

3.1. GENERAL LIABILITY: Commercial General Liability insurance including, but not limited to, protection for claims of bodily injury and property damage, personal and advertising injury, contractual, and products and completed operations. Coverage shall be at least as broad as “Insurance Services Office

(ISO) Commercial General Liability Coverage Form CG 0001” (Occurrence

Form) or a form as broad in scope and coverage. The limits of liability shall be not less than:

Each Occurrence Two Million Dollars ($2,000,000)

Personal & Advertising Injury One Million Dollars ($1,000,000)

Products and Completed Two Million Dollars ($2,000,000)

Operations Aggregate

General Aggregate Two Million Dollars ($2,000,000)

3.2. AUTOMOBILE LIABILITY: Automobile Liability insurance providing protection for bodily injury and property damage arising out of ownership, operation, maintenance, or use of owned, hired, and non-owned automobiles.

Coverage shall be at least as broad as ISO Business Auto Coverage Form CA

0001 (or a form or policy language as broad in scope and coverage), symbol 1

(any auto), if commercially available. Use of any symbols other than symbol 1 for liability for corporate/business owned vehicles must be declared to and accepted by COUNTY in writing. If there are no owned or leased vehicles, symbols 8 and 9 for non-owned and hired autos shall apply. The minimum limits of liability shall not be less than the following for each accident:

Corporate/Business Owned

Private Passenger Vehicles

One Million Dollars ($1,000,000)

Commercial Vehicles

One Million Dollars ($1,000,000)

3.2.1. If there are no corporate/business owned vehicles covered by a

Commercial Auto Policy, then personal automobile insurance requirements apply to any individually owned personal vehicles used by CONTRACTOR for work or services being provided.

3.2.2. The personal automobile liability limits shall not be less than:

$300,000 Combined Single Limit or, if split limits are used, $100,000 per person, $300,000 each accident, $100,000 property damage.

3.3. WORKERS’ COMPENSATION: Workers' Compensation insurance, with coverage as required by the State of California (unless the CONTRACTOR is a qualified self-insurer with the State of California), and Employers’ Liability coverage. The limits of Employers’ Liability shall not be less than:

Each Accident One Million Dollars ($1,000,000)

Disease Each Employee One Million Dollars ($1,000,000)

Disease Policy Limit One Million Dollars ($1,000,000)

3.3.1. The Workers’ Compensation policy required herein shall be endorsed to state that the Workers’ Compensation carrier waives its right of subrogation against COUNTY, its governing Board, officers, directors, officials, employees, and authorized agents and volunteers. In the event

CONTRACTOR is self-insured, CONTRACTOR shall furnish a Certificate of

Permission to Self-Insure by the Department of Industrial Relations

Administration of Self-Insurance, Sacramento. CONTRACTOR hereby agrees that it waives its right of subrogation against COUNTY, its governing

Board, officers, directors, officials, employees, and authorized agents and volunteers in the event a Workers’ Compensation claim is filed by

CONTRACTOR under any self-insured program.

3.3.2. If CONTRACTOR does not have any statutory employees, then

Sections 3.3 and 3.3.3 do not apply. If CONTRACTOR hires employees during the term of the Agreement, then CONTRACTOR must comply with

Sections 3.3 and 3.3.1.

3.4. UMBRELLA or Excess Liability policies: CONTRACTOR is granted the option of arranging the required coverages and limits under a single policy or by a combination of underlying policies with the balance provided by an Excess or

Umbrella liability policy equal to the total Per Occurrence and Aggregate limits required on the Commercial General Liability policy and the Combined Single

Limit on the Commercial Automobile Liability policy.

3.5. CYBER LIABILITY INCLUDING ERRORS AND OMISSIONS, IDENTITY

THEFT, INFORMATION SECURITY and PRIVACY INJURY LIABILITY

3.5.1. The minimum limits shall be not less than $1,000,000 per claim or incident and $1,000,000 aggregate. Coverage shall include but is not limited to:

3.5.2. Third party injury or damage (including loss or corruption of data) arising from a negligent act, error or omission or a data breach.

3.5.3. Defense, indemnity and legal costs associated with regulatory breach

(including HIPAA), negligence or breach of contract.

3.5.4. Administrative expenses for forensic expenses and legal services.

3.5.5. Crisis management expenses for printing, advertising, mailing of materials and travel costs of crisis management firm, including notification expenses.

3.5.6. Identity event service expenses for identity theft education, assistance, credit file monitoring to mitigate effects of personal identity event, post event services.

3.6. Omitted

3.7. PROFESSIONAL LIABILITY: Errors and Omissions (E&O) Liability insurance appropriate to the CONTRACTOR's profession or services.

3.7.1. The minimum limits shall be not less than $2,000,000 per claim and aggregate.

3.8. If Professional Liability with Technology Errors and Omissions or

Professional Liability coverage is written on a Claims Made form:

3.8.1. The "Retro Date" must be shown, and must be on or before the date of the Agreement or the beginning of Agreement performance by

CONTRACTOR.

3.8.2. Insurance must be maintained and evidence of insurance must be provided for at least one (1) year after completion of the Agreement.

3.8.3. If coverage is cancelled or non-renewed, and not replaced with another claims made policy form with a "Retro Date" prior to the contract effective date, the CONTRACTOR must purchase "extended reporting" coverage for a minimum of one (1) year after completion of the

Agreement.

3.9. Omitted

4.0. Specific Insurance Requirements Related to Commercial General

Liability Policies

CONTRACTOR’s Commercial General Liability policy shall contain the following provisions:

4.1. COUNTY, the Sanitation Districts Agency, SAFCA and their respective governing bodies, officers, directors, officials, employees, and authorized agents and volunteers, (each an “Additional Insured Party” and collectively, “Additional Insured Parties”), shall be included as Additional Insureds as respects liability caused, in whole or in part, by the acts or omissions of

CONTRACTOR, or the acts or omissions of those acting on behalf of

CONTRACTOR; or premises owned, occupied or used by CONTRACTOR in performance of work or services provided by CONTRACTOR.

4.2. The required additional insured status of Additional Insured Parties may be satisfied by any of the following methods:

4.2.1. Use of a commercially available ISO Additional Insured form or other comparable insurance company form as broad in scope and coverage that provides “automatic” or “blanket” additional insured coverage as required by written contract or agreement.

4.2.2. Use of policy language as broad in scope and coverage that provides “automatic” or “blanket” additional insured coverage as required by written contract or agreement.

4.2.3. Use of a commercially available ISO Additional Insured endorsement form or other comparable insurance company form as broad in scope and coverage that specifically names Additional Insured Parties as Additional Insureds.

4.3. Additional Insured Parties shall be included under CONTRACTOR’s

Completed Operations coverage as required by written contract or agreement or as specifically endorsed as applicable.

4.4. CONTRACTOR’s Commercial General Liability policy shall include a waiver of subrogation in favor of the Additional Insured Parties as required by written contract or agreement or as specifically endorsed as applicable.

4.5. CONTRACTOR’s Commercial General Liability policy shall provide that for any claims related to the Agreement, CONTRACTOR's insurance coverage shall be primary and non-contributory, as required by written contract or agreement, or as specifically endorsed as applicable, as respects Additional

Insured Parties. Any insurance or self-insurance maintained by Additional

Insured Parties shall be excess of CONTRACTOR's insurance, whether

CONTRACTOR’s insurance is self-insurance, a primary Commercial General

Liability policy, excess or umbrella policy, or a combination thereof, and any insurance or self-insurance maintained by Additional Insured Parties shall not contribute with it.

4.6. CONTRACTOR’s Commercial General Liability policy shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

4.7. If CONTRACTOR maintains higher limits than the minimums shown above, whether on a primary or excess basis, COUNTY requires and shall be entitled to coverage with the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverages shall be available to COUNTY.

4.8. CONTRACTOR shall maintain the required Commercial General

Liability policy, including Completed Operations, at not less than the required minimum limits, for not less than two (2) years after completion of the work or services; or termination or expiration of the contract. CONTRACTOR shall furnish COUNTY with original certificates and copies of required amendatory endorsements, or original certificates and copies of the applicable insurance policy language effecting coverage required by this Contract; or a combination thereof, for the required two (2) years.

4.9. If CONTRACTOR will utilize subcontractors or subconsultants to perform work or services, CONTRACTOR shall require each of its subcontractors or subconsultants, at every tier, to include Additional Insured

Parties as Additional Insureds, including Completed Operations, as required by written contract or agreement, or specifically endorsed as applicable.

4.10. CONTRACTOR shall also have each of its subcontractors or subconsultants, at every tier, to include primary language and waivers of subrogation on their Commercial General Liability policies and Workers’

Compensation policies in favor of Additional Insured Parties, as required by written contract or agreement, or specifically endorsed as applicable.

4.11. It is the express duty of CONTRACTOR that it verifies that its subcontractors, at every tier, have met the requirements stated in 4.9.

through 4.11.

4.12. Failure of CONTRACTOR to obtain additional insured status, primary and non-contributory language, and waivers of subrogation for Additional

Insured Parties, by CONTRACTOR and its subcontractors or subconsultants, at every tier, shall be considered a material breach of the Agreement.

5.0. Specific Insurance Requirements Related to Commercial

Automobile Liability Policies

5.1. CONTRACTOR’s Commercial Automobile Liability policy shall include

Additional Insured Parties as indemnitees and additional (designated) insureds as required by written contract or agreement, or specifically endorsed as applicable.

5.2. CONTRACTOR’s Commercial Automobile policy shall include a waiver of subrogation in favor of the Additional Insured Parties, as required by written contract or agreement, or specifically endorsed as applicable.

6.0. Deductibles and Self-Insured Retention

6.1. Any deductible or self-insured retention that applies to Commercial

General Liability, Commercial Automobile Liability or Professional (E&O), must be declared to COUNTY. Any deductibles or self-insured retention in excess of $100,000 must be declared to and accepted by COUNTY in writing.

CONTRACTOR has the option to provide by separate letter the amount of its

General Liability, Automobile Liability, Professional (E&O) and, if applicable, other coverage deductibles or self-insured retentions to COUNTY’s Risk

Management Office for a confidential review and acceptance prior to the execution of the Agreement. COUNTY reserves the right to require

CONTRACTOR to substantiate its ability to maintain a deductible or self-insured retention in excess of $100,000 through furnishing appropriate financial reports. All deductibles or self-insured retentions shall be borne solely by CONTRACTOR, and COUNTY shall not be responsible to pay any deductible or self-insured retention, in whole or in part.

7.0. (Reserved for future use.)

8.0. (Reserved for future use.)

9.0. (Reserved for future use.)

10.0. Other Insurance Provisions – All Policies

The insurance policies required in this Exhibit are to meet the following provisions:

10.1. ACCEPTABILITY OF INSURERS: All of CONTRACTOR's insurance coverage, except as noted below, shall be placed with insurance companies with a current A.M. Best rating of at least A-:VII and admitted to write insurance in California. Any use of a non-admitted insurer shall be disclosed and shall require COUNTY approval in writing, which approval shall not be unreasonably withheld.

10.1.1. Exceptions:

10.1.1.1. Underwriters at Lloyd's of London, which are not rated by A.M. Best.

10.1.1.2. Workers' Compensation which is provided through a State

Compensation Insurance Fund or a qualified self-insurer for

Workers' Compensation under California law.

10.2. MAINTENANCE OF INSURANCE COVERAGE: CONTRACTOR shall

maintain all insurance coverages in place at all times and provide COUNTY with evidence of each policy’s renewal within ten (10) days after its anniversary date. CONTRACTOR is expressly required by this Exhibit to immediately notify

COUNTY if it receives a communication from its insurance carrier(s) or agent that any required insurance is to be canceled, non-renewed, reduced in scope or limits (excepting reduction of limits due to claims) or otherwise materially changed that would reasonably adversely impact the required insurance coverages, limits or related requirements as required herein. CONTRACTOR shall provide evidence that such cancelled or non-renewed or otherwise materially changed insurance has been replaced or its cancellation notice withdrawn without any interruption in coverage, scope or limits. If commercially available, each insurance policy required herein shall state that coverage shall not be cancelled by CONTRACTOR or its insurer(s), reduced in scope of coverage or limits (excepting reduction by claims), non-renewed, or otherwise materially changed unless the insurer(s) provide thirty (30) days written notice to COUNTY prior to such change. Ten (10) days prior written notice shall be given to COUNTY in the event of cancellation due to nonpayment of premium. Failure to maintain required insurance in force shall be considered a material breach of the Agreement.

10.2.1. If CONTRACTOR fails to procure or maintain insurance as required herein, or fails to furnish COUNTY with proof of such insurance, COUNTY, at its discretion, may consider such failure to be a material breach of the Agreement.

10.2.2. The failure of COUNTY to enforce in a timely manner any of the provisions of this Exhibit shall not act as a waiver to enforcement of any of these provisions at any time during the term of the Agreement.

11.0. Notification of Claim

11.1. If any claim for damages or injury is filed with CONTRACTOR or if any lawsuit is instituted against CONTRACTOR, that arise out of or are in any way connected with CONTRACTOR’s performance under this Agreement and that in any way, directly or indirectly, contingently or otherwise, affect or might reasonably affect any of the Additional Insured Parties, CONTRACTOR shall give prompt and timely notice thereof to COUNTY. Notice shall not be considered prompt and timely if not given within thirty (30) days following the date of receipt of a claim or ten (10) days following the date of service of process of a lawsuit.

EXHIBIT B

SACRAMENTO COUNTY EQUAL EMPLOYMENT

OPPORTUNITY POLICY

It is the policy of the Sacramento County Board of Supervisors to provide equal opportunities in all areas of employment to all people, regardless of race, color, sex, national origin, age, marital status, religion, ancestry, medical condition, disability, political affiliation, sexual orientation, or other factors not directly related to the duties of the county jobs involved.

This Board encourages and supports the Civil Service Commission, County Executive and

Internal Services Agency Administrator in efforts to develop and implement such personnel rules and procedures necessary to create a workforce representative of the county in which we serve. The Board commits all personnel of Sacramento County in this initiative to innovative policy development, implementation, and service delivery best practices to achieve workforce diversity. This includes increased uniform communication between county agencies and direct contact with community organizations.

As a matter of policy, achieving equal opportunity within the County government shall be given a high priority by all departments of the County and shall receive prompt and full attention at all times. As such, each department head shall analyze all aspects of employment in his or her department to identify underutilization or inequalities in the county workforce. All actions taken must cover all elements of personnel policy and management practices and must be consistent and supportive of the Board’s Equal

Employment Opportunity Policy.

All personnel policies and procedures regarding employment and utilization shall preserve the concept of equal opportunity in all terms, conditions and benefits of employment and compliance with the state federal laws and guidelines.

EXHIBIT C

Policy #

Subject: Discrimination, Harassment, and Retaliation

Responsible Department: Personnel Services

Effective Date: 04/1996 Revision Date: 08/2020

David Devine

Director of Personnel Services

Ann Edwards

Interim County Executive

1. Purpose Sacramento County is committed to maintaining a workplace that is free from illegal discrimination, harassment, and retaliation. When County employees, agents, contractors, or volunteers are performing their work-related activities for the County, the County will take reasonable measures to protect them from discrimination, harassment, and/or retaliation.

Discriminating against or harassing any applicant, employee, agent, contractor, or volunteer based on any protected characteristic is prohibited. Any County employee, agent, contractor, or volunteer who participates in behavior that is discriminatory, harassing, and/or retaliatory, as defined by this policy, will be subject to disciplinary action or appropriate sanctions.

It is a violation of this policy to retaliate or engage in any form of retaliation because a person has filed a complaint of, participated in an investigation of, or opposed discrimination.

The County shall investigate complaints of retaliation and shall take appropriate action.

County employees who are responsible for administering, monitoring, and/or overseeing the work of other County employees, agents, contractors, or volunteers shall ensure that they do not violate this policy. If managers or supervisors become aware of possible discrimination, harassment, and/or retaliation by County employees, agents, contractors or volunteers, they shall take appropriate action. This policy additionally prohibits discrimination, harassment, and/or retaliation toward any client, customer, or vendor.

2. Authority State and Federal laws prohibit discrimination or harassment based on certain protected characteristics, as well as retaliation as defined by this policy.

3. Scope

To define conduct that is prohibited and to summarize the responsibilities of County employees for preventing discrimination and harassment, for reporting violations, and for responding to complaints.

4. Procedures

All Individuals are responsible for ensuring that discrimination, harassment, or retaliation do not occur in the Sacramento County work environment. Any form of discrimination, harassment, or retaliation, as defined above, is prohibited. In the spirit of maintaining a workplace that does not contribute to a discriminatory or harassing environment, any material which is sexually explicit or is clearly derogatory based on a protected status is prohibited in the workplace. All individuals are required to fully cooperate with all investigations of discrimination, harassment, and/or retaliation.

All Supervisory Personnel are responsible for ensuring that the Sacramento County work environment is free from discrimination, harassment, and/or retaliation. As appropriate for their level in the organization, these individuals are responsible for educating employees regarding this policy;

investigating and/or acting upon any report, complaint, or observation of discrimination, harassment, or retaliation; taking reasonable steps to protect the complainant from further discrimination, harassment or retaliation; and, taking appropriate action against any individual who engages in discrimination, harassment and/or retaliation.

Making a Complaint. The County encourages all individuals to immediately report any incidents of conduct prohibited by this policy so that complaints can be quickly and fairly resolved. Any individual who believes that he or she has been subjected to, has been affected by, or is aware of discrimination, harassment, or retaliation in a County work situation should immediately report such action or incident. Reports can be made to any supervisor or manager, a representative of the Departmental of Personnel Services, a representative of the County’s Equal Employment Opportunity (EEO) Office, or a Department Head.

No individual is required to make a complaint to the person who allegedly engaged in the discriminatory, harassing, and/or retaliatory behavior. Additionally, no individual shall suppress or attempt to suppress a complaint. Complaints may be presented orally or in writing, although written complaints are strongly recommended. However, if a complaint is submitted, it must include the name of the alleged harasser, specific allegations, and witnesses (if any) for action to be taken.

Complaint Investigation. All complaints involving alleged violations of this policy which are received by Supervisory Personnel should be reported to the Department of Personnel Services as soon as possible. When the County receives a complaint of, or has reason to believe that discrimination, harassment, or retaliation is occurring, it will take all reasonable measures to ensure that the matter is promptly investigated.

Proceedings under this policy and all reports and records filed will be kept as confidential as possible and information will be given only to those who have a need to know. Reasonable efforts will be made to protect the privacy interests of the parties.

Protection from Retaliation. The County will take all reasonable measures to ensure that any individual filing a complaint or participating in an investigation is protected from retaliation.

Instances of retaliation should be reported immediately so that the appropriate action can be taken.

County Decision is Final. Decisions made based upon the outcomes of a County investigation are final. Proceedings under this policy do not prohibit individuals from filing a complaint with the California Department of Fair Employment and Housing (DFEH) or the U.S. Equal Employment Opportunity Commission (EEOC) or exercising other legal action.

Use of Outside Investigators. In some circumstances, the use of an outside investigator may be necessary and/or advisable in order to ensure the integrity of the investigation. An outside investigator shall not be a County employee, but shall be an individual or entity that is retained by the County to investigate complaints of violations of this policy.

It is mandatory that the County use an outside investigator to conduct investigations of discrimination, harassment, or retaliation complaints against any elected officials, the County Executive, or the County Counsel. The County may, in its discretion, use an outside investigator to conduct investigations of complaints against other individuals, as appropriate, depending on their role and function within the County. The selection of an outside investigator shall be made by the County Executive (or designee) in collaboration with the County Counsel (except if either is the subject of the investigation);

investigative findings and materials generated by the outside investigator shall be provided to the County Executive (or designee) and the County Counsel (except if either is the subject of the investigation).

Mandated Training: Consistent with applicable State and Federal requirements, the County will provide all personnel with specialized formal training in recognizing and preventing discrimination, harassment, and retaliation.

Advice against Supervisor-Subordinate Sexual Relationships

Supervisory Personnel: Supervisory personnel are sternly advised against soliciting or engaging in sexual activity with employees over whom they have authority.

This advice applies regardless of whether the employee has consented to the relationship. A relationship may begin with the employee’s consent and then end, which may be followed by a charge of sexual harassment. In such cases, County management will not look with sympathy on a defense that the relationship started with the employee’s consent. Situations like this may result in disciplinary action being taken against the supervisory personnel. In the event of a lawsuit, the County may refuse to provide defense counsel or to indemnify the supervisory personnel for any judgment rendered against him or her.

If a personal relationship develops between a subordinate and his/her superior, it shall be the responsibility of both employees involved to promptly disclose the relationship to an uninvolved superior. Upon notification of a personal or familial relationship, the employee’s immediate supervisor and/or manager will review the situation and establish an acceptable solution to any potential conflict.

Definitions:

Protected Characteristics/Statuses are those which are protected under State and/or Federal anti-discrimination laws, including:

Race Color National Origin

Ancestry

Sex/Gender Pregnancy, including childbirth, breastfeeding, or related medical conditions

Gender Identity

Gender Expression

Marital Status

Sexual Orientation

Religion

Age

Physical or Mental Disability

Medical Condition

Genetic Information

Political Affiliation or Belief Military or Veteran’s Status

Request for Family Medical Leave

Former Illegal Drug User Who has Successfully Rehabilitated and is No Longer Using Drugs

Other Protected Status under State or Federal Law

Discrimination is taking an employment action, making an employment decision, and/or treating an employee or applicant differently based on the individual’s protected characteristic or status.

Harassment is unwelcome conduct of a verbal, visual, or physical nature that is based on a protected characteristic or status and unreasonably interferes with the individual’s ability to do his or her job. Depending on the severity of the behavior, a single incident may violate this policy. Likewise, pervasive conduct can be considered a violation even if it is not severe. Additionally, harassment that is based on the perception that an individual holds one of the above- mentioned protected characteristics/statuses or is based on an individual’s association with a protected characteristic/status is prohibited.

Examples of behavior that may be considered harassing include, but are not limited to:

Verbal conduct, such as slurs, insults, jokes, name calling, teasing, unwanted sexual advances, or otherwise derogatory or offensive comments or gestures that are based on a protected group/status.

Visual displays, such as wearing t-shirts, clothing, or hats depicting scenes or terminology which is derogatory to a protected group/status.

Distributing or displaying material in any format (i.e., print, electronic, etc.) which is derogatory, prejudicial, or otherwise offensive to a protected group/status.

Physical conduct, including physical interference with movement or work, unwelcome touching, or other physical conduct which is directed at an individual on the basis of a protected characteristic/status.

Comments via electronic media of any type that include any harassing conduct that is prohibited by this policy.

Other similar conduct.

Sexual Harassment is harassment based on sex; it is any unwelcome sexual advance, request for sexual favor, and/or other verbal or physical conduct of a sexual nature, if such conduct is either:

Implicit or explicit demands to submit to sexual conduct or requests as a condition of employment or to avoid some other loss.

Unwelcome conduct of a sexual nature that has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating,hostile,and/or offensive working environment.

Retaliation is when an individual suffers adverse action in response to making a claim of, participating in the investigation of, or opposing discrimination or harassment.

Supervisory Personnel, in accordance with the broad definition of “supervisor” contained in the California Fair Employment and Housing Act (FEHA), includes all elected officials, department heads, managers, supervisors, and lead workers.

Individual is any County employee, agent, contractor, or volunteer.

5. Review

Annually or as updates are made to State or Federal law that necessitate changes.

EXHIBIT D

COUNTY OF SACRAMENTO

CONTRACTOR CERTIFICATION OF COMPLIANCE FORM

FOR THOSE WITH COURT-ORDERED

CHILD, FAMILY AND SPOUSAL SUPPORT

WHEREAS it is in the best interest of Sacramento County that those entities with whom the County does…