Suicide_Prevention_Program_Services.pdf
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- Suicide Prevention Program Services
- Solicitation number
- RFP-2023-0002
- Issued by
- Tuolumne County, Sereno Del Mar CDP, California
About this file
The document is a Request for Proposal (RFP #RFP-2023-0002) issued by the Tuolumne County Behavioral Health Department for Suicide Prevention Program Services. The RFP seeks to contract with a qualified organization to provide community-wide suicide prevention training and support activities under the Prevention and Early Intervention (PEI) component of the Mental Health Services Act (MHSA). The initial contract term is two years, with potential extension for three additional one-year periods, contingent on adequate funding, contractor performance, and continued county needs. Proposals are due by 5:00 pm on February 16, 2023, and must be submitted electronically through the county's e-Procurement platform. The county plans to award the contract on or around March 1, 2023, with contract execution tentatively scheduled for July 1, 2023.
The RFP targets at-risk populations including children, youth, young adults, trauma-exposed individuals, and underserved cultural populations. The selected contractor will be responsible for conducting a community education campaign, reducing stigma around mental illness, providing leadership for the Suicide Prevention Task Force, and utilizing various outreach strategies including social media and event presence. The evaluation process will assess proposals based on four key criteria: Scope of Services (30%), Past & Present Performance (15%), Staffing & Organization (25%), and Budget (30%). Proposers must provide detailed information about their approach, staffing plan, cost breakdown, and ability to meet the county's reporting and participation requirements, which include quarterly reports, attending various meetings, and participating in community outreach activities.
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Suicide Prevention Program Services
Request For Proposal (RFP #RFP-2023-0002)
Tuolumne County
Behavioral Health Department
Issued: Tuesday, January 24, 2023
REQUEST FOR PROPOSAL (RFP No. RFP-
2023-0002)
SUICIDE PREVENTION PROGRAM SERVICES
Deadline for Submission of Proposals: Thursday, February 16, 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
The County of Tuolumne, through its Health & Human Services Agency, Behavioral Health
Department, hereinafter referred to as the “County”, is requesting proposals from qualified private and public organizations interested in providing Suicide Prevention Program Services by performing community-wide suicide prevention training services and Tuolumne County Suicide
Prevention Task Force (SPTF) support activities under the auspices of the Prevention and Early
Intervention (PEI) component of the Mental Health Services Act (MHSA).
The County intends to award one contract to a successful applicant to this RFP.
California law and federal law provide specific employment restrictions for retirees and/or current County employees that desire to contract with the County.
For CalPERS retirees: if the work you will perform as a contractor is the same or similar to work you performed as an active employee or is work that is performed by active employees, it is most likely subject to the PERS retired annuitant restrictions, meaning the contract relationship is disallowed and the County will not be able to enter into a contract with you.
For current County employees: California and federal law prohibit a current employee from contracting with its employer while being an active employee. If an employee is interested in becoming an independent contractor, the employee must consider separation from employment with the County;, however should the employee retire, he/she may be subject to the CalPERS retired annuitant laws. Should a current County employee respond to a RFP while in active employment status, the employee must separate from employment prior to award of the contract.
No County time is allowed to be used to prepare for or work on a response to a County RFP.
1.2. Background
Program Background and Overview
The Mental Health Services Act (MHSA) is divided into seven components, one of which is
Prevention & Early Intervention (PEI). The primary objective of PEI services is to prevent mental illnesses from becoming severe and disabling. PEI programs emphasize improving timely access to services, especially for underserved populations, and aim to prevent the suffering that can result from untreated mental illness by focusing on interventions and programs for individuals across the life span, prior to the onset of serious emotional/behavioral disorder or mental illness. The goal of PEI programming is to build the capacity of the community to increase resiliency by decreasing risk factors and increasing the protective factors. Through decreased risk factors and increased protective factors, it promotes positive mental health and reduces the negative impact of mental illness.
Prevention in mental health, reducing risk factors or stressors, building protective factors and skills, and increasing support, promotes positive cognitive social and emotional development and encourages a state of well-being. Early intervention is directed toward individuals and families for whom a short, relatively low-intensity intervention is appropriate to measurably improve mental health problems and avoid the need for more extensive mental health treatment. Early
Intervention programs aim to address and promote recovery and related functional outcomes for a mental illness early in its emergence. PEI funding is intended for use for programs and strategies that prevent mental health problems or to intervene early, but not for filling gaps in treatment and recovery services for individuals who have been diagnosed with a serious mental illness or serious emotional disturbance and their families.
This RFP is meant to coordinate and manage the Suicide Prevention Program for the Tuolumne
County Behavioral Health Department. The goal of the program is to provide a variety of community-wide trainings in order to open dialogue and raise awareness about risk factors, protective factors, and warning signs of suicide. A community education campaign is required to continue to build awareness of suicide, educate the community about suicide, encourage the community to act to address suicide, and reduce the stigma around depression and suicide. The selected contractor will continue to manage, strengthen, broaden, and sustain the existing
Tuolumne County Suicide Prevention Task Force (SPTF).
The following Key Community Mental Health Needs are to be addressed in this RFP:
• At-risk children, youth, and young adult populations
• Stigma and discrimination
• Suicide Risk
The following priority populations are to be addressed in this proposal:
• Trauma exposed individuals
• Individuals experiencing onset of serious psychiatric illness (Adults and older Adults)
• Children/youth in stressed families
• Children/youth at risk of or experiencing juvenile justice involvement
• Underserved Cultural Populations
• Secondary school and transition age youth (TAY)
RFP proposals must account for the following:
• Outreach to help people recognize the early signs of potentially severe and disabling mental illness
• Access and linkage to medically necessary care provided by county mental health programs for those with severe mental illness, as early in the onset of these conditions as practicable
• Reduction in stigma associated with either being diagnosed with a mental illness or seeking mental health services
• Reduction in discrimination against people with mental illness
• Evaluation and program monitoring
• Demographics must be collected
1.3. Contact Information
Amy Arndt
Deputy Director, General & Administrative Services
101 Hospital Road
Suite 3A
Sonora, CA 95370
Email: aarndt@co.tuolumne.ca.us
Phone: (209) 533-7381
Department:
Behavioral Health Department
Department Head:
Tami Mariscal
Behavioral Health Director
1.4. Timeline
Release of published RFP January 24, 2023
Deadline for receiving all questions February 9, 2023, 5:00pm
Deadline for RFP responses to be received by County
February 16, 2023, 5:00pm
Review Committee evaluates and ranks proposals
February 24, 2023
Commencement of negotiation period March 1, 2023
Notice of contract award (Tentative) March 1, 2023 mailto:aarndt@co.tuolumne.ca.us tel:(209)533-7381
Deadline for protests/appeals
(Tentative)
March 15, 2023
Contract executed (Tentative) July 1, 2023
2. SCOPE OF SERVICES
2.1. SCOPE OF SERVICES
The awarded applicant will have the following responsibilities/duties:
Address the at risk populations children through young adult age by providing prevention, early intervention, and educational outreach within the community to raise awareness about risk factors, protective factors, and warning signs of suicide.
Awarded applicant shall:
• Perform a community education campaign to build awareness of suicide, educate the community about suicide, encourage the community to act to address suicide, and reduce the stigma around depression and suicide.
• Reduce stigma associated with mental illness by providing educational trainings and outreach services to individuals throughout the community. Through training and outreach, raise community awareness of risk factors, protective factors, and warning signs of suicide. Trainings must follow a recognized and accepted model or evidence-based practice.
• Provide leadership and administrative support for the Suicide Prevention Committee, a standing committee of the YES Partnership.
• Applicant is to utilize social media, technology, presence at events, and other outreach strategies to bring support and information to those that need it, rather than having them seek it out.
• Distribute suicide prevention materials at locations and events throughout the community.
• Conduct outreach strategies that target secondary school and transition age youth (TAY) which include education and engagement as well as linkage to mental health services as necessary.
• Provide referral and linkage to treatment and/or appropriate community resources who use evidence- based practices.
Additionally, cooperation with County Data Collection and Reporting Requirements is mandatory for the awarded applicant. Reporting requirements are subject to change but may include conducting regular meetings with the County and providing quarterly and year end reports that contain information such as:
• Verification of participant attendance or client service utilization and outcomes
• Activity reports including accomplishments, challenges, outcomes, and statistics of the number of clients served and/or number of potential clients reached
• Demographics of all clients served
• Detailed, itemized invoices
County staff will periodically monitor case files and documentation that supports the reports.
Awarded applicants will also be mandated to have a representative present at the following activities:
• The monthly Tuolumne County Behavioral Health Community Cultural Collaborative
• The MHSA PEI Contractors’ Forum with all PEI awarded contractors
• The monthly Tuolumne County Behavioral Health Quality Improvement Council
• The annual TCBH PEI Contractors’ Fair
Awarded applicants will also be mandated, per fiscal year, to:
• Attend a minimum of two Mental Health Coffee Talk events at the Tuolumne County
Enrichment Center
• Attend a minimum of two community stakeholder meetings for TCBH’s ongoing MHSA
Community Program Planning Process (CPPP)
• Submit one written article to highlight its specific PEI contract for publication in the bimonthly Tuolumne County Behavioral Health Newsletter
• Participate in the distribution and collection process of MHSA CPPP outreach surveys to its identified unserved and/or underserved targeted populations
• Pick up and distribute outreach materials annually through TCBH’s inventory of Mental
Health Month (May) and Suicide Prevention Awareness Month (September) to its identified unserved and/or underserved targeted populations.
3. MINIMUM QUALIFICATIONS
Minimum Qualifications:
• Experience providing similar services.
• General knowledge of behavioral health issues.
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*
Scope of Services
Submit a copy of your organization’s contract template. If the template does not address all the required elements below, please also submit a written narrative to address the missing elements only.
A. Provide a complete list of services, describing how these services will address the requirements listed in the Scope of Services of this RFP.
B. Describe how you will approach providing services listed in the Scope of Services of the
RFP.
C. Describe how your organization will integrate with the Behavioral Department, collaborating with staff in providing feedback for general assessment, planning, follow-up linkage.
D. Describe your agency’s ability to perform suicide prevention services.
E. Describe how the proposed services will ensure continued compliance with all applicable laws and regulations.
F. Describe how your agency will comply with the reporting requirements/outcomes.
Provide a timeline for implementation of the required services, including readiness to provide services upon the signing of a contract
Past & present Performance
Provide a list of current and former work experiences that demonstrate your agency’s ability to perform the services solicited for the target population described herein. This list will serve as a list of references.
A. The County may contact some or all of the references provided. The County also reserves the right to contact references other than those provided in the proposal and to use the information gained from them in the evaluation process.
Staffing and Organization
Provide a staffing plan for meeting the requirements described in the Scope of Services of this
RFP. Describe how you will provide back-up to staffing positions during absences.
*Response required
4.2. Proposal Cost*
Proposals must include a fee or rate sheet that details:
• Administration cost
• Staff time
• Material costs
• Travel costs
• Any other anticipated costs
*Response required
5. RFP PROCESS
5.1. Submittal of Proposals
Proposals must be received online, NO LATER THAN 5:00 pm on Thursday, February 16, 2023.
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 5:00 pm on Thursday, February 16, 2023.
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 5:00 pm on Thursday, February 9, 2023 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/34114?section=279175
Any protest must be submitted in writing to Behavioral Health Department, 101 Hospital Road, Sonora, CA 95370, Attention: Amy Arndt
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 Behavioral Health Director 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. Scope of Services Points Based 30 (30% of Total)
2. Past & Present Performances/ References Points Based 15 (15% of Total)
3. Staffing & Organization Points Based 25 (25% of Total)
4. Budget Points Based 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 (2) years. By mutual agreement, this contract may be extended for three (3) one (1) year periods, 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' 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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