SOLICITATION _ PHYSICAL ACTIVITY.pdf

Solicitation No. RFP24-7047-04 Solicitation Name: Physical Activity

REQUEST FOR PROPOSAL

PHYSICAL ACTIVITY

BID NUMBER RFP24-7047-04

Offered By:

DEKALB COUNTY BOARD OF HEALTH

INTERNAL SERVICES, PURCHASING

445 WINN WAY, SUITE 398

DECATUR, GEORGIA 30030

Release Date: April 08, 2024

Solicitation Close Date: April 30, 2024 @ 3:00 p.m., EST

Issuing Officer: Addrenna Latham/ Dekalb County Board of Health/Internal Services/ Procurement & Contracts Supervisor Email Address: Addrenna.latham@dph.ga.gov mailto:Addrenna.latham@dph.ga.gov

SUBMISSION INSTRUCTIONS

To be considered, a proposal must be received by April 30, 2024, 3:00 p.m. EST via email to:

dph-dcbohpurchasing@dph.ga.gov For the email subject, use “Request for Proposal – PHYSICAL

ACTIVITY.” Proposals received after this date and time will not be accepted.

Contractor’s must be registered with the State of Georgia to receive the bid award. If you are not registered with the State, please register via the link provided here: https://doas.ga.gov/state-purchasing/supplier-services/getting-started-as-a-supplier.

The Contractor is encouraged not to wait until the last minute to submit their proposal as unforeseen technical issues can create unforeseen challenges to submitting proposals by the due date and time.

Responses should be submitted via document file, (PDF) format. Please use caution in creating electronic files. If the DeKalb County Board of Health (“DCBOH”) is unable to open an electronic file due to a virus or because the file is corrupt, the Contractor’s response may be considered incomplete and disqualified from consideration.

Budget Proposal

All proposals must contain a Proposed Budget as required in this RFP. Your Proposed Budget must be submitted as a separate document titled, “Proposed Budget / Your Company Name.”

Restrictions on Communicating with DCBOH Staff

From the issue date of this RFP, until the final award is announced (or the RFP is officially canceled), the contractors are not allowed to communicate with any DCBOH staff regarding this solicitation except through the Issuing Officer named herein. Prohibited communication includes all contact or interaction, including but not limited to telephonic communications, emails, faxes, letters, or personal meetings, such as lunch, entertainment, or otherwise. DCBOH reserves the right to reject the response of any Contractor violating this provision.

mailto:dph-dcbohpurchasing@dph.ga.gov https://doas.ga.gov/state-purchasing/supplier-services/getting-started-as-a-supplier https://doas.ga.gov/state-purchasing/supplier-services/getting-started-as-a-supplier

Solicitation Name: Physical Activity

OVERVIEW OF CONTRACT FOR LEAD DEKALB INITIATIVE

The DeKalb County Board of Health (DCBOH) has implemented, through the Board’s Health Assessment and Promotion Department (HAP), Local Efforts towards Addressing Disparities in DeKalb (LEAD DeKalb).

The DCBOH and its partners collaborate to implement tailored, community-based, participatory initiatives that:

(1) improve the nutrition, physical activity, and weight management among the African American and Latinx populations in target census tracts, and

(2) increase vaccine uptake among African American and Latinx populations in priority ZIP code areas.

The LEAD DeKalb program is funded by the Centers for Disease Control and Prevention (CDC) as part of their Racial and Ethnic Approaches to Community Health (REACH) program.

As part of the LEAD DeKalb program, the following health-focused initiatives will be implemented throughout DeKalb County:

• Nutrition

• Physical Activity

• Family Healthy Weight Program

• COVID-19, Flu, and Other Adult Vaccines

As part of the LEAD DeKalb program initiatives, the contractor(s) will assist the REACH team in a community assessment to increase physical activity through community design. The aim is to implement policy, systems, and environmental approaches linking people to places throughout DeKalb County.

Funding Opportunity

DCBOH, with funding made available by the CDC, is pleased to announce the availability of grant funding to qualified community-based organizations in DeKalb County, Georgia. Selected CBOs will receive funding to support an assessment of their built environment to aid in identifying areas of improvement to increase access to physical activity through community design changes.

To be considered for funding, the awarded responder must be willing to participate in an assessment involving community design changes to increase accessibility of physical activity within their community.

Contingent upon the availability of funding and the performance of the grant awardees, the award period terms are considered as follows:

•Award period term: Beginning upon contract execution through September 27, 2024

Scope of Services

DCBOH will:

• Designate REACH staff to liaison with the community-based organization and assist in coordination of activities and related projects

• Provide available planning resources

• Provide feedback and technical assistance

• Provide all templates for reporting and evaluation

• Conduct site visits during the term of the agreement

Solicitation Name: Physical Activity

• Provide educational materials

• Support monitoring, evaluation, and reporting efforts

• Reimburse the community-based organization for services provided

Community-based organizations will:

i. Phase 1

i. Within thirty (30) business days after the full execution of this agreement, the

CBO will submit to DCBOH one (1) detailed outline highlighting some of the built environment issues that prevent the community from engaging in physical activity (i.e., bike lane improvements, limited signages for pedestrians, limited sidewalk access or updates needed to sidewalks to make parks, gyms, & recreation centers more accessible and safer for walking and biking)

ii. Within thirty (30) business days after the full execution of this agreement, the CBO will submit to DCBOH one (1) report of the built environment changes that will benefit their community the most to aid in increasing physical activity.

ii. Phase 2

i. Support DCBOH evaluation data collection by providing the following data for the built environment assessments:

1. Community assessment findings

2. Improvements to the built environment findings

ii. Coordinate with DCBOH to conduct focus groups and/or data collection as part of CDC reporting requirements.

• Final Program Reporting - Submit a final report to include two (2) areas of improvement to increase physical activity through community design based on the data revealed from the community assessment.

Additional Requirements

• Meet with the DCBOH within fourteen (14) business days of contract execution to discuss the assessments.

• Complete documentation and reports including, needs assessments, community surveys, and other documentation as required.

• CBO must be available for monthly phone meetings throughout the award period terms.

• In-person meetings/site visits will be scheduled as needed with a minimum of one (1) in-person meeting required.

• All awardees will be required to submit a final report no later than September 13, 2024, with the final invoice for the contract period.

• CBO must obtain approval from the DCBOH before the use of funding through this agreement.

Solicitation Name: Physical Activity

• Provide a final report at the end of the grant funding term. DCBOH will provide the templates for reporting.

• Designate a point of contact and/or at least one staff member to participate in conference calls, once a month, to discuss challenges, success stories, and progress toward the built environment/community design assessments.

• Collaborate with Live Healthy DeKalb Coalition to create an action team (land use and transportation) to address barriers, successes, and areas of improvement to increase physical activity through community design.

• Note: Any marketing material created by CBO to promote this partnership supported in whole or in part by this grant, must be reviewed and approved by DCBOH before dissemination and include the required funding statement.

Award information

❖ All responses must be received by the due date and time. Any application received after the due date and time shall be rejected. Any application missing the required information or requested materials will be rejected.

❖ Based on weighted criteria, DeKalb County Board of Health staff will evaluate grant applications meeting the requirements for award of contract.

❖ Grantee payments will be reimbursed by the DCBOH after receipt and upon acceptance by the DCBOH of itemized invoices for performed services.

Solicitation Name: Physical Activity

TERMS AND CONDITIONS ________________________________________________________________

1. CONTRACT: The request for proposal invitation, terms and conditions, the specifications and the received proposal form the contract and they shall be fully a part of the contract, as if thereto attached, or therein repeated. These documents represent the entire agreement between the successful vendor and the DCBOH and supersede any prior discussions or negotiations, representations or agreements, either written or oral. Contracts, if awarded, will be awarded to responsible proposers whose proposals will be most advantageous to the DCBOH, cost and other factors considered. The determination will be solely at the discretion of the DCBOH.

Based upon the availability of funding and the assumption of satisfactory performance by the responders awarded the initial contract, it is the intent of the DCBOH to enter into a series of one-year renewable contracts. The contract shall not bind, nor purport to bind, the DCBOH for any contractual commitment in excess of the original contract period, which is anticipated to be upon contract execution through August 30, 2024.

In the event that the DCBOH exercises the right to renew, all terms, conditions, and specifications of the original contract, as amended, shall remain the same and apply during the extension period, a period not less than one year, or no more than three years, in duration. If an extension option is exercised, such shall be accomplished in writing between the contractor and the DCBOH’s Purchasing.

2. The DCBOH reserves the right to reject or accept any or all proposals and to waive informalities, minor irregularities and technicalities in proposals received, whichever is deemed to be in the best interest of the DCBOH, and to re-advertise.

3. The DCBOH may accept any items or group of items of any proposal unless the proposer qualified his proposal by specific limitations.

4. COMPLETION: The Offeror shall read the proposal carefully, complete all entries, and submit all documents or information requested. Failure to do so may result in rejection of the proposal.

5. CONTRACT RENEWAL: After the initial contract term, the DCBOH reserves the right to renew the contract for three (3) additional years if the vendor and the DCBOH mutually agree. Renewing the contract would imply doing so under the same terms and conditions unless proposed changes are mutually agreed upon by both parties.

6. FUNDING: If for the term of this contract, the Board for any reason, fail to appropriate funds for these services, the DCBOH will notify the vendor immediately and will no longer be obligated under the contract.

7. EXCEPTIONS: Proposals meeting the requirements of this document shall be considered. Offerors taking exception to any of the terms, conditions or offering substitutions shall state these exceptions plainly on the Exceptions Page of this document.

8. DEVIATIONS to any/all requested options in this proposal are subject to approval by DCBOH prior to any resultant award.

9. QUANTITIES: Unless otherwise noted, any quantities provided for this Request for Proposal are estimated volume and do not represent a purchase contract quantity. DCBOH reserves the right to purchase quantities that are fewer, greater, or even none for the line items presented based on needs

Solicitation Name: Physical Activity at given times during the period of this pricing contract. The DCBOH reserves the right to not consider a proposal if a service charge, minimum dollar, or minimum quantity is applied.

10. OFFER TIMELINE: Offeror agrees to hold their offer open for acceptance by the DCBOH for no less than ninety (90) days from the CSP response date and time.

11. COMPLIANCE: Under this contract, the DCBOH Procurement Supervisor will have the responsibility to ensure compliance with contract requirements, such as but not limited to acceptance and inspection of equipment and services provided.

12. UNDERSTANDING: Offeror, by making his/her proposal, represents that he/she has read and understands the request for proposal.

13. CONTRACT AND PURCHASE ORDER: The DCBOH limits its purchases through the use of properly approved and authorized contracts and purchase orders. The successful vendor must be able to accept purchase orders via email (preferred) or facsimile (FAX). Therefore, the contract number or purchase order number shall appear on ALL itemized invoices to ensure payment.

14. Any contracts or agreements signed by any DCBOH employee other than the District Health Director or their designee is considered null and void.

15. INVOICING: The vendor shall submit itemized invoices within a timely manner during the DCBOH’s fiscal year in which the items were purchased. Invoices shall indicate the vendor contract number with the DCBOH along with the purchase order number. Invoices shall be issued for only items received.

Payment shall not be due until the invoice(s) are submitted after delivery. Payments will be made within thirty (30) days of receipt of an accurate non-disputed invoice. All invoices can be e-mailed to

DCBOHAPINVOICES@dph.ga.gov or mailed directly to: DCBOH, Attention: Accounts Payable

Department, P.O. Box 987, Decatur, Georgia 30031.

16. TAX EXEMPTION: DCBOH, by law, is exempt from most taxes. Offeror to retain on file a copy of a tax-exempt form submitted by DCBOH. Offeror is encouraged to allow for an automated tax exemption, not requiring the department buyer to request exemption. Do not include tax in your bid totals. If awarded contract, Offeror may obtain a copy of the DCBOH Tax Exemption Certificate by contacting the DCBOH Purchasing Department.

17. SIGN-IN AND IDENTIFICATION BADGES: For the safety purposes, all vendors will sign-in at the DCBOH or administration front desk when entering a DCBOH facility. All vendors will be expected to show their driver’s license or other government issued photo identification card to the employee at the front desk at the administration office.

18. FAILURE TO ABIDE BY TERMS: If at any time, a vendor fails to fulfill or abide by the terms, conditions or specifications of the contract, or to perform by providing the items/services at the price submitted or within the specified time frame, the DCBOH reserves the right, upon written notice to the vendor to cancel the contract.

19. DEFAULT: Prior to the cancellation of the contract for default, the DCBOH’s Purchasing will advise the vendor, in writing, of their intentions, and the reasons for such intentions. The vendor will be allowed fifteen (15) days to cure the default condition. If such condition is not cured to the satisfaction of the

DCBOH after that time, then the cancellation of the contract may be executed.

mailto:DCBOHAPINVOICES@dph.ga.gov

20. GIFTS: Please note that a “gift to a public servant” is a Class A misdemeanor offense if the recipient is a government employee who exercises some influences in the purchasing process of the governmental body. This would certainly apply to anyone who helps establish specifications or is involved in product selection or directs a purchase.

21. INTERLOCAL AGREEMENTS, PURCHASING COOPERATIVES: The DCBOH reserves the right to utilize other DCBOH contracts, State of Georgia contracts, contracts awarded by other Governmental

Agencies, other Boards, or cooperative agreements in lieu of any offer received, or award made as a result of this proposal, if it is in the DCBOH’s best interest to do so.

22. VENUE: Both parties agree that venue for any litigation arising from this contract shall lie in DeKalb

County, Georgia.

23. INSURANCE. Prior to beginning work, the successful contractor is required to furnish Certificates of

Insurance as may be required by the DCBOH and described in the specifications (Exhibit A)

24. PERFORMANCE: Prospective vendor must affirmatively demonstrate responsibility through a satisfactory performance record. Each Offeror is required to submit with their proposal a list of three

(3) references of organizations for which they currently or have provided products/services to within the last three (3) years. The list shall include the company/entity name, address, contact name, and telephone number.

25. PLACES OF BUSINESS: Prospective vendor may be required to furnish evidence in writing that they maintain permanent places of business and have adequate places of business and have adequate equipment, finances, and personnel to furnish the items/services offered satisfactorily and expeditiously.

26. EXCEPTIONS: Offerors taking exception to the terms and conditions or specifications of this proposal shall state these exceptions plainly on the Exception Page of the proposal document. If no exceptions are indicated on the submitted form, it will be assumed that your proposal complies with our document.

27. PRICING: Negotiation may be a part of this process. Therefore, vendors are cautioned to submit their most competitive price for their product and service the first time through on the Proposal Response forms. If the scope of the proposal and all other requirements are met initially, there may not be any need for negotiation with any vendor.

28. AWARD: It is the intention of the DCBOH to establish a contract with one offeror that successfully respond to this RFP. DCBOH does not guarantee any work or dollar amounts relating to this proposal. Purchases will be based upon the DCBOH’s needs throughout the period covered by this proposal. Therefore, this RFP contains information based on previous spend data. At the time of need, the department will select an approved vendor and submit exact specifications, quantities, delivery times, and any other relative information the vendor may need to provide a quote for that order to the requester per contracted pricing. DCBOH reserves the right to purchase more or less than quoted.

29. NOTIFICATON OF AWARD: ALL vendors properly responding on time to this proposal with all the required documents complete, will be considered for award. The DCBOH may elect to issue

Solicitation Name: Physical Activity subsequent proposals and approve additional vendors for the same or similar items/services during the agreement period, if it is determined to be in the best interest of the DCBOH.

30. CANCELLATION: DCBOH shall have the right to cancel for default all or any part of the undelivered portion of this order/service if vendor breaches any of the terms hereof including warranties of vendor or if the vendor becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies, which DCBOH may have in law or equity.

31. FORCE MAJEURE: If by reason of Force Majeure (unforeseeable circumstances), either party hereto shall be rendered unable wholly or in part to carry out its obligations under this agreement, then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, acts of public enemy, orders of any kind of government of the United States or the State of Georgia or any civil or military authority;

insurrections; epidemics; landslides; land sinkage; lightning; earthquakes; fires; hurricanes; storms;

floods; washouts; droughts; arrests; restraint of government and people; civil disturbances;

explosions; breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability.

32. ASSIGNMENT DELEGATION: No right or interest in this contract shall be assigned or delegation of any obligation made by vendor without the written permission of DCBOH. Any attempted assignment or delegation by vendor shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

33. WAIVER: No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved.

34. INTERPRETATION PAROLE EVIDENCE: This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this agreement. Acceptance or acquiescence in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial

Code is used in this agreement, the definition contained in the Code is to control.

35. ADVERTISING: The vendor shall not advertise or publish, without DCBOH’s prior consent the fact that

DCBOH has entered into this contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state or local government.

36. RIGHT TO ASSURANCE: Whenever one party to this contract in good faith has reason to question the other party’s intent to perform, he/she may demand that the other party give written assurance of his/her business intent to perform. In the event that a demand is made, and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract.

37. DISCLOSURES: By signing this proposal, a vendor affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the proposal submitted. Vendor shall note any and all relationships that might be a conflict of interest and include such information with the proposal (Conflict of Interest Questionnaire). By signing this proposal, a vendor affirms that, to the best of his/her knowledge, the proposal has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give them an unfair advantage over other vendors in the award of this proposal.

38. TERMINATION OF CONTRACT: It is understood that the DCBOH retains the option to terminate this

Agreement for any reason at the end of each contract year without pecuniary risk or penalty or at any point during the contract term with evidence of just cause. The termination will become effective and this Agreement shall terminate sixty (60) days prior to the end of the contract year or for just cause. The termination will become effective and this Agreement shall terminate sixty (60) days following written notification of intent.

The Board may terminate this contract, in whole or in part, for the Board's convenience, or because of failure of the Contractor to fulfill the obligations herein in any respect. The Board shall terminate by delivering to the Contractor, with at least five (5) days’ notice, a Notice of Termination specifying the nature, extent, and effective date of termination. Contractor shall be paid for services rendered up to the date of termination. Notice shall be given in accordance with Article 11 herein.

Notwithstanding the foregoing, this contract is subject to the availability of funds to the Board to provide reimbursement for services rendered. In the event that the source of reimbursement no longer exists, then this contract shall terminate immediately upon the giving of notice of such to the Contractor, without further obligation of the Board, and the Contractor shall be paid as provided herein for services rendered up to the date of termination. Notice shall be given in accordance with Article 11 herein.

39. CONFIDENTIAL OR TRADE SECRETS If any of the information is confidential or a trade secret belonging to the vendor and, if release would give advantage to a competitor or vendor, that information should be filed with the proposal in a separate envelope marked “CONFIDENTIAL – DO NOT DUPLICATE

WITHOUT PERMISSION”.

Acceptance of such materials does not constitute an admission by DCBOH that the materials are confidential or a trade secret. CRIMINAL RECORDS HISTORY: The vendor shall insure that all entities with which it contracts shall supply information regarding criminal records history of any employee, agent or consultant who shall be present on DCBOH’s property at any time. Under no circumstances shall any entity be allowed to use employees, agents or consultants present on site who have been convicted of a felony or a crime involving sexual misconduct.

40. COMPETITIVE PROCUREMENT: This RFP is part of a competitive procurement process which helps to serve the DCBOH’s best interest. It also provides vendors with a fair opportunity for their products to be considered. The process of competitive negotiation being used in this case shall not be confused with the different process of competitive sealed bidding. The latter process is usually used where the goods or services being procured can be described precisely and price is generally the determinative

Solicitation Name: Physical Activity factor, although it may be, and the DCBOH has the flexibility it needs to negotiate with vendors to arrive at a mutually agreeable relationship.

41. LENGTH OF CONTRACT: All responses to the RFP shall be valid for the date of Board approval with the possibility of four (4) additional annual renewals between the DCBOH and the Vendor.

42. ACCEPTANCE: This will be a single or multi-vendor award. DCBOH reserves the right to accept or reject any or all the proposals submitted, waive minor technicalities, and accept the offer most advantageous to the DCBOH. Contract, to awarded vendor, will be based on the determined “best value for the DCBOH”.

43. OTHER REQUIREMENTS: The warranty, general, special terms and conditions, insurance, submittal documents and specifications as stated herein shall apply and shall not be nullified, voided or altered in any way by the inclusion of the Offeror’s pre-printed forms with this proposal or any other document submitted during delivery of product, invoicing, acknowledgement letters, emails, faxes, routing communications between the contracted parties, of subcontract employees, or third parties unless specifically acknowledged and agreed to in writing by DCBOH.

44. PERFORMANCE. The responsibility for compliance with this solicitation and the subsequent contract shall be with the submitting Offeror. Awarded Offerors are expected to provide prompt service that is due under this contract including warranties. Past performance of the Offeror may be a factor in awarding future contracts.

Any problems or discrepancies that are not covered by the above requirements should be directed to the DCBOH Office of Purchasing for a determination or clarification prior to any action taken on said problem or discrepancy. If the Offeror fails to make such request, no excuse will thereafter be entertained for failure to carry out the work in a satisfactory manner. All bidders shall provide detailed explanations of any variances or exceptions the Offeror has with any requirement or terms specified in this RFP and thoroughly explains any alternate service offered. DCBOH is not responsible for any costs incurred by the vendor for the preparation or distribution of this bid. Respondents or other authorized representatives are expected to fully inform themselves as to all conditions, requirements, and specifications before submitting offers. Failure to do so will be at the Offeror’s own risk.

Proprietary information if any, submitted to DCBOH in response to this bid should be identified as such. Any information identified as proprietary will be handled in accordance with the provisions of the Georgia Open Records Public Information Act as it applies to such information.

45. DCBOH LICENSING PROGRAM: The DCBOH logo cannot be used without the expressed, written permission of the DCBOH

46. INCREASES. If deemed appropriate by the DCBOH, extension period percentages of increase shall be negotiated with the contractor. If a mutual agreement cannot be reached, the DCBOH reserves the right to rebid.

47. ADDITIONAL SERVICES. The DCBOH reserves the right to request the contractor to provide additional services not outlined herein. In the event this occurs, compensation will be negotiated at that time.

48. COST. Unless otherwise specified herein, the contractor shall be responsible for furnishing all material, labor, facilities, equipment, and supplies necessary to perform the services required herein.

49. INDEPENDENT CONTRACTOR. The contractor represents itself to be an independent contractor offering such services to the general public and shall not represent itself or its employees to be employed by the DCBOH. The sole relationship between the DCBOH and the contractor is as established by this contract. The contractor acknowledges responsibility for filing all returns and paying all taxes, FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage requirements, overtime, etc., associated with the performance of the contractual requirements herein, and agrees to indemnify, save, and hold the DCBOH, its officers, agents, and employees, harmless from and against, any and all losses, costs, attorney fees, and damage of any kind related to such matters. Upon request, the contractor will provide to the DCBOH evidence of compliance with these requirements.

50. SUBCONTRACTORS. The contractor shall not subcontract work hereunder without the prior written consent of the DeKalb County Board of Health (DCBOH). Any contractor subcontracting work without the prior written consent of the DCBOH shall be null and void. If contractor proposes to subcontract any of the work hereunder, it shall submit to the DCBOH the name of each proposed Subcontractor, with the proposed scope of work which its proposed Subcontractor is to undertake. Alternatively, the

Contractor shall provide a statement that there are no subcontractors for the work proposed hereunder.

51. COMMUNICATION ON PROJECTS. The contractor shall fully coordinate its activities in the performance of the contract with those of the DCBOH. As the work of the contractor progresses, advice and information on matters covered by the contract shall be made available by the contractor to the DCBOH throughout the contract period.

52. OWNERSHIP OF MATERIALS. The contractor shall agree and understand that all reports and material developed or acquired by the contractor as a direct requirement specified in the contract shall become the property of the DCBOH. No reports or material prepared, as required by the contract, shall be released to the public without the prior written consent of the DCBOH.

53. INDEMNIFICATION. The contractor shall understand and agree that DCBOH cannot save and hold harmless and/or indemnify the contractor or employees against any liability incurred or arising as a result of any activity of the contractor or any activity of the contractor's employees related to the contractor's performance under the contract. Therefore, the contractor must acquire and maintain adequate liability insurance in the form(s) and amount(s) sufficient to protect DCBOH, its agencies, its employees, its clients, and the general public against any such loss, damage and/or expense related to his/her performance under the contract. The insurance shall include an endorsement that adds the DCBOH as an additional insured. The contractor shall not be responsible for any injury or damage occurring as a result of any negligent act or omission committed by the DCBOH, including its Board and employees.

54. CONFIDENTIAL INFORMATION. Inasmuch as under the contract the contractor may acquire confidential information, the contractor agrees to use such information only for the sole benefit of

Solicitation Name: Physical Activity the DCBOH and to keep confidential such information, as well as all information developed in the conduct of the work contracted for including information disclosed by the DCBOH to contractor or any other person engaged in the contracted work. The contractor further agrees that all data, technical information, and reports developed by contractor or any person engaged in the contracted work are the property of the DCBOH and shall not be disclosed to others at any time or used for any other purpose other than for the sole benefit of the DCBOH, and that upon termination of the contract, or at any other time the DCBOH requests, the contractor or any other person involved in the contracted work will transmit to the DCBOH any written, printed, or other materials embodying such confidential information, including all copies and excerpts thereof, given to, prepared by or for the contractor, or any other person involved in the contracted work. It is further understood and agreed that this obligation to keep such information confidential shall continue at all times beyond the completion of the contracted work. W-2 tax information would be the most sensitive file the DCBOH would send to the contractor (once annually).

The contractor shall agree and understand that all exhibits, materials, digital files, artwork, design features and concepts developed as a result of the contract shall become the property of the DCBOH, with all rights and interests for present and future publication, display, sale, copyright, or other use as deemed appropriate by the DCBOH.

55. COMPLY WITH APPLICABLE LAW. The contractor must comply with all existing or future applicable laws, including but not limited to, those pertaining to soy-based ink and recycled paper.

56. NO EXCLUSIVE ARRANGEMENT. The contractor agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the DCBOH may secure identical and/or similar services from other sources at any time in conjunction with or in replacement of the contractor's service.

57. VIOLATIONS. If the contractor is found to be in violation of this requirement or the applicable state, federal and local laws and regulations, and if the DCBOH has reasonable cause to believe that the contractor has knowingly employed individuals who are not eligible to work in the United States, the

DCBOH shall have the right to cancel the contract Immediately without penalty or recourse and suspend or debar the contractor from doing business with the DCBOH. The DCBOH may also withhold up to twenty-five percent of the total amount due to the contractor.

58. AUDIT. The contractor shall agree to fully cooperate with any audit or investigation from federal, state or local law enforcement agencies.

59. CONTRACT MODIFICATIONS: With the exception of specifically designated persons in the Office of

Purchasing selected for this purpose by the DCBOH, employees of the DCBOH are not authorized to modify, interpret or clarify such terms, conditions or specifications, and proposers should not rely on the presentments of employees or agents other than those with express authority to make such presentments.

Solicitation Name: Physical Activity

61. SUSPENSION

The Board reserves the right to suspend the contract in whole or in part under this provision, if it appears to the Board, in its sole discretion, that the Contractor is failing to comply with any one or more of the following: (1) the quality of service; (2) the specified completion schedule of Contractor's duties required under this contract; (3) the documentation requirements for proof of reimbursable expenses prior to payment thereof; or (4) the programmatic performance or service deliverables set forth herein. The Board will send written notice to the Contractor, as notification of the Board's action under this Article, specifying the nature of the non-compliance and the actions necessary to correct the non-compliance. Contractor will immediately discontinue services and will have five (5) days from receipt of such notice to cure, remedy or correct the non-compliance to the Board's satisfaction.

Contractor will receive no payment for services rendered during the suspension period. If the Board, in its sole discretion, is satisfied with Contractor's response, the Board may lift the suspension of the contract, and both parties will resume full performance under the contract. If the Contractor does not provide a satisfactory response to the Board within the five (5) day period, then this contract shall immediately terminate without further obligation by the Board. Contractor shall be paid up to the date of suspension.

Exhibit A

CERTIFICATES OF INSURANCE

Along with the contract documents sent to the Board for execution, the contractor shall furnish Certificates of

Insurance from companies doing business in the State of Georgia or written evidence of self-insurance acceptable to the Board covering:

(a) Statutory Workers' Compensation Insurance, or proof the contractor is not required to provide such coverage under State law. The contractor agrees to confirm that all subcontractors likewise carry statutory

Workers' Compensation Insurance, and to provide proof of such confirmation to the Board.

(b) Professional liability insurance on the services in this contract with a limit of one million dollars

($1,000,000.00).

(c) Comprehensive liability insurance covering all operations and automobiles;

(1) With limits of $100,000/300,000 bodily injury.

(2) With limits of $100,000 property damage.

(d) "Umbrella" or "excess" coverage cannot be used to reach limits stated in (b) and (c).

Certificates of insurance must be executed in accordance with the following provisions:

(a) Certificates to contain policy number, policy limits and policy expiration date of all policies issued in accordance with this contract;

(b) Certificates to contain the location and operations to which the insurance applies;

(c) Certificates to contain the following clause:

"Re: change or cancellation. Policy certified will not be changed or canceled without ten (10) days prior notice to the DeKalb County Board of Health, as evidenced by return receipts of registered or certified letters."

(d) Certificates to contain endorsement incorporating indemnification agreement assumed by the contractor further agree as follows:

(1) On the front of the certificate, the certificate is to contain the following clause:

"Re: Indemnification Agreement. Contract liability is included. See the Indemnification

Agreement clause on the reverse side of the certificate.";

(2) Type the following indemnification agreement statement on the reverse side of the certificate:

"The contractor shall defend, indemnify and hold harmless the Board for any claims, charges or suits that arise due to the Contractor's error, omission, negligence or acts."

(e) The contractor shall be wholly responsible for securing certificates of insurance coverage as set forth above from all subcontractors who are engaged in this work.

EXHIBIT B

CONSOLIDATED CERTIFICATE REGARDING LOBBYING; DEBARMENT,

SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE

WORKPLACE REQUIREMENTS

1. LOBBYING

As required by Section 1352, Title 31 of the U.S. Code, and implemented at 34 CFR Part 82, for persons entering into a grant or cooperative agreement over $100,000, as defined at 34 CFR Part 82, Section 82.105 and 82.110, the applicant certifies that:

a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement;

b. 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 grant or cooperative agreement, the undersigned shall complete and submit Standard Form - L.L.L.

"Disclosure Form to Report Lobbying", in accordance with its instructions;

c. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclosure accordingly.

2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

As required by Executive order 12549, Debarment and Suspension, and implemented at 34 CFR Part 85, for prospective participants in primary covered transactions, as defined at 34 CFR Part 85, Sections 85.105 and 85.110:

A. The Applicant certifies that it and its principals:

a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

b. Have not within a three-year period proceeding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction: violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements, or receiving stolen; property;

c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with the commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and

B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS)

As required by the Drug-Free Workplace Act of 1988, and implemented at 34 CFR Part 85, Subpart F, for grantees, as defined at 34 CFR Part 35, Sections 85.605 and 85.610:

A. The applicant certifies that it will or will continue to provide a drug-free workplace by:

a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition;

b. Establishing an on-going drug-free awareness program to inform employees about -

(1) The dangers of drug abuse in the workplace;

(2) The grantee's policy of maintaining a drug-free workplace;

(3) Any available drug counseling, rehabilitation, and employees assistance programs; and

Solicitation Name: Physical Activity

(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

c. Making it a requirement that each employee be engaged in the performance of the grant be given a copy of the statement required by paragraph (a);

d. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -

(1) Abide by the terms of the statement; and

(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendars days after such conviction;

e. Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph

(d) (2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to Director, Grants and Contracts Service, U.S. Department of Education, 400 Maryland Avenue, S.W. (Room 3124, GSA Regional Office Building No. 3) Washington, DC 20202-4571. Notice shall include the identification number(s) of each affected grant;

f. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (dX2), with respect to any employee who is so convicted -

(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or

(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency;

g. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f), B. The Grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant:

Place of Performance: (street address, city, county, state, zip code).

Check if there are workplaces on file that are not identified here.

DRUG-FREE WORKPLACE

(GRANTEES WHO ARE INDIVIDUALS)

As required by the Drug-Free Workplace act of 1988, and implement at 34 CFR Part 85, Section 85.605 and 85.610 -

A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to Director, Grants and Contract Service, U.S. Department of Education, 400 Maryland Avenue, S.W. (Room 3124, GSA Regional Office Building No. 3), Washington, DC 20202-4571. Notice shall include the identification number(s) of each affected grant.

As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.

Signature Date

Solicitation Name: Physical Activity

Exhibit C

The Contractor Affidavit under O.C.G.A. § 13-10-91(b)(l)

The undersigned The Contractor ("Contractor") executes this Affidavit to comply with O.C.G.A § 13-10-91 related to any contract to which the contractor is a party that is subject to O.C.G.A. § 13-10-91 and hereby verifies its compliance with O.C.G.A. § 13-10-91, attesting as follows:

a) The Contractor has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program;

b) The Contractor will continue to use the federal work authorization program throughout the contract period, including any renewal or extension thereof;

c) The Contractor will notify the public employer in the event the Contractor ceases to utilize the federal work authorization program during the contract period, including renewals or extensions thereof;

d) The Contractor understands that ceasing to utilize the federal work authorization program constitutes a material breach of Contract;

e) The Contractor will contract for the performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the c ontractor with the information required by

O.C.G.A. § 13-10-91(a), (b), and (c);

f) The Contractor acknowledges and agrees that this Affidavit shall be incorporated into any contract(s) subject to the provisions of O.C.G.A. § 13-10- 91 for the project listed below to which

The Contractor is a party after the date hereof without further action or consent by Contractor;

and;

g) The Contractor acknowledges its responsibility to submit copies of any affidavits, drivers' licenses, and identification cards required pursuant to O.C.G.A. § 13-10-91 to the public employer within five business days of receipt.

Federal Work Authorization User Identification Number Date of Authorization

____________________________________________ PHYSICAL ACTIVITY __________

Name of Contractor Name of Project

DeKalb County Board of Health_ Name of Public Employer

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on _________, _____, 20_____ in _______________ (city), __________ (state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE _______ DAY OF _____________, 20______.

NOTARY PUBLIC

My Commission Expires: _____________________________

Exhibit D

REFERENCES AND CLIENTS LIST

In the space provided below, please list a minimum of four (4) references giving the name, address, phone, email address and contact person of companies, organizations, or agencies for whom you have provided services similar to those listed in this RFP.

Company Name

Address

Phone Number

Contact Person

Email Address

Phone Number

Phone Number