Site_Management_for_Safe_Stay_Pallet_Community_Emergency_Shelter_for_Homeless_Request_Process_#2.pdf

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Site Management for Safe Stay Pallet Community Emergency Shelter for Homeless Request Process #2
Solicitation number
RFP-2022-0028
Issued by
Tuolumne County, Santa Monica City, California

About this file

This is a Request for Proposal (RFP #RFP-2022-0028) issued by the Tuolumne County Administrator's Office in collaboration with Homeless Services for site management of a Safe Stay Pallet Community Emergency Shelter for Homeless. The RFP seeks a non-profit agency to provide 24/7 on-site management for a shelter that will include 30 Pallet Shelters, 7 recreational trailers, and a brief-stay tent area, with capacity to house up to 70 people. The shelter will have onsite restrooms, showers, laundry facilities, and will prioritize entry for women, veterans, and transitional youth. The proposal was released on September 16, 2022, with responses due by September 30, 2022 at 12:00 pm. The initial contract term is two years, with potential extension for two additional one-year terms, contingent on funding, contractor performance, and continued county needs.

The county will provide infrastructure and utilities, while the selected contractor will be responsible for daily operations, including safety, security, site maintenance, access control, data collection, meal provision, and creating community guidelines. The shelter is part of Tuolumne County's strategy to address homelessness, with an estimated 266-800 unsheltered individuals in the area. The project aims to provide a low-barrier entry, interim shelter solution that can help stabilize homeless individuals and connect them to social services, benefits, and potential transitional housing. Funding and contract continuation are subject to county budget appropriations, and the county reserves the right to modify or terminate the agreement based on funding availability and program performance.

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Site Management for Safe Stay Pallet Community Emergency Shelter for Homeless Request Process #2

Request For Proposal (RFP #RFP-2022-0028)

Tuolumne County

County Administration Office

Issued: Friday, September 16, 2022

REQUEST FOR PROPOSAL (RFP No. RFP-

2022-0028)

SITE MANAGEMENT FOR SAFE STAY PALLET

COMMUNITY EMERGENCY SHELTER FOR

HOMELESS REQUEST PROCESS #2

Deadline for Submission of Proposals: Friday, September 30, RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/tuolumnecountyca https://secure.procurenow.com/portal/%7bproject.government.code%7d

Table of Contents

I. Introduction

II. Scope of Services

III. Minimum Qualifications

IV. Proposal Package Requirements

V. RFP Process

VI. Evaluation of Proposals

VII. Contract Information

1. INTRODUCTION

1.1. Summary

Tuolumne County Administrator's Office in collaboration with Homeless Services is seeking a

Safe Stay Pallet Shelter Community on-site manager to oversee operations.

1.2. Background

In response to Governor Newsom’s declaration of a shelter crisis in the state of California and pursuant to the Government Code 8698.2, The Tuolumne County Board of Supervisors (BOS) approved a resolution on May 4, 2021 locally adopting appendices X & O to County building code allowing for use of County-controlled property as emergency shelter & housing. On

December 21, 2021 the BOS approved a recommendation from the Tuolumne County

Commission on Homelessness (TCCOH) regarding endorsing the concept of a sanctioned and managed campground-style site as a minimum level of outdoor shelter for people experiencing homelessness and authorized TCCOH to identify potential sites and site management in collaboration with county stakeholders.

The most recent Point in Time count from January of 2022 reports the number of unsheltered people in Tuolumne County to be 266. These types of counts in rural communities are problematic and it is widely accepted that the information is incomplete. Cal SAWS (California

Statewide Automated Welfare System) data specifically related to Cal Fresh benefits for

Tuolumne County shows over 500 people without a home address. Members of the community who are on the frontline of homeless services conjecture that the number of our community neighbors who are unsheltered in Tuolumne County is likely near 800. Tuolumne County Health

& Human Services staff have severely limited options for emergency and transitional housing options as a part of case management for the homeless in Tuolumne County.

As a result of Tuolumne County’s shelter crisis and severe lack of affordable housing within the county, homeless encampments have been, and continue to be created by individuals seeking shelter. These homeless encampments create a risk to public health and safety due to the accumulation of human waste and garbage, infestations by rodents and pests, fires and property damage. Due to recent caselaw (Martin v. City of Boise (9th Cir. 2019) 920 F. 3d 584), the county cannot force individuals to leave these encampments for purposes of cleaning or relocating people, without offering alternative shelter. Unfortunately, the county currently lacks appropriate shelter to achieve these goals. Establishing a Safe Stay Pallet Shelter Community would allow homeless individuals an opportunity to move to a safer, cleaner and properly managed community, which would benefit the homeless community and the county as a whole.

It would also allow the County to enforce code violations, because once alternative shelter is available, the County will be able to offer this space to individuals who are required to leave areas so that cleanup can occur..

The proposed “Safe Stay Pallet Shelter Community” would be a interim shelter with low barrier entry in a safe and sanitary environment. Tuolumne County Health & Human Services Agency staff would assess each individual through their coordinated entry process and will provide occupants with onsite case management and connections to County social services, behavioral health services, public health services as well as connections to benefits like CalFresh, CalWORKs, Medi-Cal, linkages to transitional housing, and flexible funding to help support transition into permanent housing. The County is open to discuss contracting case management services with potential site operators and will accept additional proposal information related to these services. Ultimately, these sites should be considered as steppingstones to stabilize and support individuals on a pathway to permanent housing. The community will be planned, functional and attractive with space for outdoor and indoor gatherings as well as two small private office spaces to be used for client case management. The community will be in compliance with all codes, ordinances, rules & regulations.

Pallet Shelters (palletshelter.com) is sole-source organization that creates scalable & affordable shelters. The shelters can be assembled in an hour, offer a locking door & window, air conditioning & heat, bed & mattress, shelves, & a charging port. Each cabin is 64 square feet and will house 1-2 people. Since the Safe Stay Community is intended to be an interim solution between unsheltered homelessness and traditional housing, the facilities will be temporary as well, as compared to a traditionally constructed, permanent shelter.

Stable housing that people can afford, with appropriate services and support is what ends homelessness. A Safe Stay Community can provide the County the opportunity to provide immediate safe and hygienic shelter for our neighbors experiencing homelessness to live and access services. They also provide a consistent location for service providers and outreach workers to engage on a more regular basis with residents. Additionally, some of the broader community benefits anticipated by having this safe space community include a reduction in trash and debris, the mitigation of environmental and health hazards including reduction of wildfire risks, and the ability to restore land previously occupied by scattered encampment sites to its intended use. A Safe Stay Community also supports the efforts of law enforcement in moving campers off private & public lands, when allowable, to a safe shelter site.

1.3. Contact Information

Michael Roberson

Homeless Services Coordinator

2 S. Green St.

Sonora, CA 95370

Email: mroberson@co.tuolumne.ca.us

Phone: (209) 533-5533

Department:

County Administration Office

Department Head:

Tracie Riggs

County Administrative Officer mailto:mroberson@co.tuolumne.ca.us tel:(209)533-5533

1.4. Timeline

Release of published RFP September 16, 2022

Deadline for receiving all questions September 26, 2022, 12:00pm

Deadline for RFP responses to be received by County

September 30, 2022, 12:00pm

Review Committee evaluates and ranks proposals

October 5, 2022

Notice of contract award (Tentative) October 12, 2022

Deadline for protests/appeals

(Tentative)

October 26, 2022

Contract executed (Tentative) January 16, 2023

2. SCOPE OF SERVICES

2.1. All aspects of shelter operations

The County's Responsibilities:

The following list includes, but is not limited to, the County’s responsibilities:

1. The County will contract with an experienced shelter operator for daily operational responsibilities.

2. The County will provide 30 Pallet Shelters, 7 recreational trailers and a brief-stay tent area.

These accommodations could house up to 70 people.

3. The Safe Stay community will have onsite restrooms, showers and laundry facilities

4. Water, electricity, sewer and garbage collection

5. Tuolumne County Health & Human Services Agency will coordinate an entry process with priority given to women and veterans and transitional youth.

6. Tuolumne County Health & Human Services Agency will provide case management but is open to discussion with the site operator about related services and costs.

6. The Safe Stay Community will have a goal of moving people out of the site into other longer-term shelter programs or housing as soon as possible. However, people will not be “kicked out" after a predetermined length of stay, as long as they are complying with rules and engaging with service team members.

The Management Agency/Site Operator's Responsibilities:

The following list includes, but is not limited to, operational expectations for the contracted managing agency:

1. 24/7 operations and on-site management

2. Safety and security services

3. Regular cleaning and maintenance of the site, common use buildings and adjacent areas,

4. Provision of all supplies

5. Managing & monitoring all access points and ensuring that only registered occupants, service staff, County staff, and emergency personnel have access.

6. Engaging with occupants for on-going data collection and reporting through a coordinated entry system and Homeless Management Information System

7. Provide daily meals, snacks and water to all occupants possibly in partnership with food preparation services, non-profits, churches, civic groups and local food banks

8. Provide daily social activities possibly in partnership with non-profits, churches, and civic groups

9. Creation of a Good Neighbor & Code of Conduct Agreement, pet policies, car & bike parking agreements, law enforcement protocols, visitor entry policy and storage protocols

10. Work in collaboration with all relevant County departments

11. Case management is optional but the County is open to discussion regarding related services and costs.

3. MINIMUM QUALIFICATIONS

Proposers must demonstrate that their staff has the knowledge, capacity and experience to deliver an eligible program and services as delineated through this RFP. Proposers must have the resources necessary to fulfill the scope of this contract.

This Request for Proposals (RFP) is open to non-profit agencies that can design and implement the proposed program and deliver services. The Proposer must demonstrate the organizational capacity and experience to successfully provide services within one month of execution of the contract.

4. PROPOSAL PACKAGE REQUIREMENTS

Proposals are to be straightforward, clear, concise and responsive to the information requested.

In order for proposals to be considered complete, proposers must provide all requested information.

Each proposer must submit their response online via the County’s e-Procurement platform, https://secure.procurenow.com/portal/tuolumnecountyca.

4.1. Proposal Elements*

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

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

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

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

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

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

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

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

D. Disclosure o Please disclose any and all past or current business and personal relationships with any current Tuolumne County elected official, appointed official, County employee, or family member of any current Banning elected official, appointed official, or

County employee. Any past or current business relationship may not disqualify the firm from consideration.

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

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

*Response required

4.2. Proposal Cost*

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

*Response required

5. RFP PROCESS

5.1. Submittal of Proposals

Sealed proposals must be received at the online, NO LATER THAN 12:00 pm on Friday, September 30, 2022.

Proposals are to be submitted electronically using the County’s e-Procurement platform, https://secure.procurenow.com/portal/tuolumnecountyca. Proposals will be received only as instructed above, and must be received before 12:00 pm on Friday, September 30, 2022.

Proposals shall not be submitted via hard copy, (hand delivered or mailed), facsimile, nor via email. It is the sole responsibility of the proposer to properly upload its proposal so that it is received by the time and date required. Any proposal received after said time and/or date or in any other format other than as instructed herein, cannot be considered and will not be accepted.

The County’s e-Procurement Platform records the time stamp for every proposal submitted properly in the system. Once a proposal is submitted in the e-procurement platform, the Proposer will receive an email confirmation, and the proposal status will also show as “submitted.”

5.2. Submitter's Questions

Questions regarding the RFP must be submitted exclusively in writing to the County by 12:00 pm on Monday, September 26, 2022 via the County’s e-Procurement platform, in the Q&A tab.

Except for questions that might render the award of this contract invalid, the County will not respond to any questions submitted after this time. The County will use an addendum to the RFP to post any questions received, along with written responses, on the County e-Procurement platform, https://secure.procurenow.com/portal/tuolumnecountyca. It is the responsibility of the proposers to check the County website to review the questions and responses. Any oral responses to questions are not binding on the County.

5.3. Cost of Developing the Proposal

All costs incurred in the preparation of a proposal are the responsibility of each proposer and will not be reimbursed by the County.

5.4. Proposal Terms and Conditions

It is the responsibility of each proposer to be familiar with all of the specifications, terms and conditions of the RFP. By the submission of a proposal, the proposer certifies that if awarded a contract, proposer will make no claim against the County based upon ignorance of or misunderstanding of the specifications.

Each proposer shall submit its proposal with the understanding that the proposal will become a part of the official file on this matter and shall be subject to disclosure, if requested by a member of the public, following the completion of negotiations.

By submitting a proposal, each proposer certifies that all statements in this proposal are true.

This constitutes a warranty, the falsity of which shall include the right, at the County’s option, of declaring any contract made, as a result thereof, null and void. Proposals shall be completed, executed, and submitted in accordance with the instructions of this RFP. If a proposal is not submitted in the format specified in this RFP, it may be rejected, unless the County determines that the nonconformity is either a minor irregularity or that the defect or variation in the proposal is immaterial or inconsequential. The County may give the proposer an opportunity to cure any deficiency resulting from a minor irregularity or an immaterial or inconsequential defect, or

County may waive such deficiency, whichever is most advantageous to the County.

The County cannot accept proposals from any individual who is currently employed with the

County of Tuolumne (California Government Code §29708).

5.5. Successful Proposal as Part of Contract Services

Proposals received in response to this solicitation, at the County’s discretion, may be incorporated into the awarded contract and may serve as basic terms and conditions for the ultimate contract. Therefore, proposers are advised that, if successful, they will be held responsible for levels of services proposed at the funding levels quoted. The County reserves the right to negotiate modifications or revisions to any awarded contract.

5.6. Evaluation of Proposals

See #Evaluation of Proposals.

5.7. Other Requirements

In order to contract with the County of Tuolumne, a proposer must meet the following requirements:

• Make available to the County its federal Tax Identification Number (TIN) or Social

Security Number (SSN).

• Comply with all Federal, State and local rules, regulations and policies, including but not limited to:

o Standard contract language of the County; and, o Insurance coverage to include worker’s compensation, general liability, auto liability and professional liability, unless waived by the County.

• Meet the requirements for audit of its expenditures if required in the above documents.

5.8. Non-Discrimination

Non-Discrimination: The Contractor selected through this RFP shall provide services without discrimination based on race, creed, color, ethnic or linguistic identification, gender or sexual preference, disability or handicap or any other basis prohibited by law.

5.9. Protest/Appeal Process

The following procedure is provided in the event that a proposer wishes to protest the RFP process or appeal the recommendation to award a contract for RFP once the Notices of

Award/Non-Award have been issued.

https://secure.procurenow.com/portal/tuolumnecountyca/projects/27411?section=220421

Any protest must be submitted in writing to County Administration Office, 2 S. Green St., Sonora, CA 95370, Attention: Michael Roberson

The protest must be submitted before 5pm of the tenth (10th) business day following the date of the Notice of Award.

The protest must contain a complete statement of the basis for the protest. The protest must include the name, address, telephone number and e-mail address of the person representing the protesting party.

The procedure and time limits are mandatory and are the proposer’s sole and exclusive remedy in the event of a bid protest.

Proposer’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.

Upon receipt of written protest/appeal, the County Administrative Officer will review and provide an opportunity to settle the protest/appeal by mutual agreement, will schedule a meeting to discuss or issue a written response to advise of an appeal/protest decision within five (5) business days of receipt of the appeal/protest.

5.10. Public Records Access

Proposers should be aware that submitted proposals are subject to the California Public Records

Act and may be disclosed to members of the public upon request. It is the responsibility of the proposers to clearly identify information in their proposals that they consider to be confidential under the California Public Records Act. To the extent that the County agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

All information regarding the proposals will be held as confidential until such time as the

Review Committee has completed its evaluation and, or if, contract negotiations are complete.

6. EVALUATION OF PROPOSALS

The objective is to perform a thorough and fair evaluation of submitted proposals and facilitate the selection of a contractor/consultant that best satisfies the County’s requirements. The following describes the evaluation process and associated components.

A. Selection Process:

1. The County shall name, for the purpose of evaluating the proposals for this RFP, a

Review Committee composed of representatives from the County. The County may also elect to include as part of the Review Committee qualified representatives from other agencies or entities.

2. Proposal documentation requirements set forth in this RFP are designed to provide guidance to proposers concerning the type of information that will be used by the

Review Committee. Proposers shall be prepared to respond to requests by the Review

Committee for additional items deemed necessary to assist in the evaluation process.

B. Evaluation Criteria & Scoring:

1. The Review Committee shall be responsible for performing the evaluations of each proposal. Each member of the Committee shall rate the proposers separately. The scores of each of the Committee members shall then be averaged to provide a total score for each of the proposers. The proposals shall be evaluated on the following categories and the maximum weight possible for each category is listed below.

C. Award:

Award will be made to the qualified proposer whose proposal will be most advantageous to the

County, with price and all other factors considered. The County will negotiate with the highest ranked proposer to develop the scope of work and contract for mutual satisfaction.

If the County cannot successfully negotiate a contract with the highest ranked proposer, the

County will terminate negotiations and begin negotiations with the next highest ranked proposer.

Proposers will receive mailed Award/Non-Award notification(s), which will include the name of the proposer to be awarded this contract.

Proposers are advised County reserves the following prerogatives:

• To reject any or all proposals;

• To consider historic information and fact, whether gained from the proposer’s proposal or any other source, in the evaluation process; and

• The proposer is cautioned that it is the proposer’s sole responsibility to submit information related to the evaluation categories and the County is under no obligation to solicit such information if it is not included with the proposal. Failure of the individual or firm to submit such information may cause an adverse impact on the evaluation of the proposal.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Completeness of Proposal Pass / Fail 10 (10% of Total)

2. Qualifications 0-5 Points 30 (30% of Total)

3. Service Delivery/Methodology/Approach 0-5 Points 30 (30% of Total)

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

7. CONTRACT INFORMATION

7.1. Term/Termination

The term of the initial contract awarded under this RFP will be for: two years. By mutual agreement, this contract may be extended for two, one-year terms, under the following circumstances:

• The County receives adequate funding to extend program operations;

• The Contractor has achieved demonstrable success by meeting all of the contract’s service requirements;

• The County continues to need the services purchased under this RFP;

• The Contractor is willing and able to modify the services provided to best meet the needs of the program as determined by the County.

The contract will be subject to termination by either party upon (_60__) days’ advance, written notice of intent to terminate. The County may terminate the contract at any time, without written notice, upon a material breach of contract by the Contractor.

7.2. Funding Availability

It is mutually agreed that if the County budget of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this

Agreement shall be of no further force and effect. In this event, the County shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this

Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

Contractor’s assumption of risk of possible non-appropriation is part of the consideration for this

Agreement. County budget decisions are subject to the discretion of the Board of Supervisors.

If funding for any fiscal year is reduced or deleted by the County budget for purposes of this program, the County shall have the option to either cancel this Agreement with no liability occurring to the County, or offer an Agreement amendment to Contractor to reflect the reduced amount.

7.3. Insurance

A. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO

CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers' Compensation: as required by the State of California, with Statutory

Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the County requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County.

B. Other Insurance Provisions: The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. Additional Insured Status. The County, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38;

and CG 20 37 if a later edition is used).

2. Primary Coverage. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the County, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the County, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

3. Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the County.

4. Waiver of Subrogation. Contractor hereby grants to County a waiver of any right to subrogation which any insurer of said Contractor may acquire against the County by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the County has received a waiver of subrogation endorsement from the insurer.

5. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the County. The County may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or County.

6. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the County.

7. Verification of Coverage. Contractor shall furnish the County with original

Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to County before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The County reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

8. Special Risks or Circumstances. County reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

9. Failure to Comply: Upon failure to comply with any of these insurance requirements, this Agreement may be forthwith declared suspended or terminated. Failure to obtain and/or maintain any required insurance shall not relieve any liability under this

Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the indemnification obligations.

7.4. Hold Harmless/Indemnification

Contactor shall hold harmless, defend and indemnify County and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs

(including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the County.

If such indemnification becomes necessary, the County Counsel for the County shall have the absolute right and discretion to approve or disapprove of any and all counsel employed to defend the County. This indemnification clause shall survive the termination or expiration of this

Agreement.

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