SCHOOL ENVIRONMENTAL CERTIFICATION and EVENTS

REQUEST for PROPOSAL #890 PROFESSIONAL, TECHNICAL AND EXPERT SERVICES Clark County Washington RELEASE DATE: WEDNESDAY, APRIL 10, 2024 DUE DATE: WEDNESDAY, MAY 1, 2024 by 1:30 pm Request for Proposal for: SCHOOL ENVIRONMENTAL CERTIFICATION and EVENTS SUBMIT: One (1) Original One (1) Electronic Copy on Flash Drive of the Proposal to: Shipping Method of your Choice or Hand Delivery Clark County ATTN: Office of Purchasing 1300 Franklin Street, 6th Floor, Suite 650 Vancouver WA 98660 564-397-2323 United States Postal Service Clark County ATTN: Office of Purchasing PO Box 5000 Vancouver WA 98666-5000 564-397-2323 Office Hours: 8:00 am – 3:00 pm, Monday – Friday, except Legal Holidays. No electronic submissions. **Proposals must be delivered to the Purchasing office – No Exceptions **Proposals must be date and time stamped by Purchasing staff by 1:30 pm on due date. **Proposal shall be sealed and clearly marked on the package cover with RFP #, Title & Company Name Refer Questions to Project

Manager: Samantha Springs LeCain Environmental Outreach Specialist, Sr. | Public Health | Solid Waste Division Samantha.Springslecain@clark.wa.gov 564-397-7331 mailto:Samantha.Springslecain@clark.wa.gov General Terms and Conditions ADMINISTRATIVE REQUIREMENTS - Contractors shall comply with all management and administrative requirements established by Washington Administrative Code (WAC), the Revised Code of the State of Washington (RCW), and any subsequent amendments or modifications, as applicable to providers licensed in the State of Washington. ALL proposals submitted become the property of Clark County. It is understood and agreed that the prospective Proposer claims no proprietary rights to the ideas and written materials contained in or attached to the proposal submitted. Clark County has the right to reject or accept proprietary information. AUTHORSHIP - Applicants must identify any assistance provided by agencies or indivi- duals outside the proposers own organization in preparing the proposal. No contingent fees for such assistance will be allowed to be paid under any contract resulting from this RFP. CANCELLATION OF AWARD - Clark County reserves the right to immediately cancel an award if the contractual agreement has not been entered into by both parties or if new state regulations or policy make it necessary to change the program purpose or content, discontinue such programs, or impose funding reductions. In those cases where negotiation of contract activities are necessary, Clark County reserves the right to limit the period of negotiation to sixty (60) days after which time funds may be unencumbered. CONFIDENTIALLY - Proposer shall comply with all applicable state and federal laws governing the confidentiality of information. CONFLICT OF INTEREST - All proposals submitted must contain a statement disclosing or denying any interest, financial or otherwise, that any employee or official of Clark County or the appropriate Advisory Board may have in the proposing agency or proposed project. CONSORTIUM OF AGENCIES - Any consortium of companies or agencies submitting a proposal must certify that each company or agency of the consortium can meet the requirements set forth in the RFP. COST OF PROPOSAL & AWARD - The contract award will not be final until Clark County and the prospective contractor have executed a contractual agreement. The contractual agreement consists of the following parts: (a) the basic provisions and general terms and conditions, (b) the special terms and conditions, (c) the project description and goals (Statement of Work), and (d) the budget and payment terms. Clark County is not responsible for any costs incurred prior to the effective date of the contract. Clark County reserves the right to make an award without further negotiation of the proposal submitted. Therefore, the proposal should be submitted in final form from a budgetary, technical, and programmatic standpoint. DISPUTES - Clark County encourages the use of informal resolution to address complaints or disputes arising over any actions in implementing the provisions of this RFP. Written complaints should be addressed to Clark County – Purchasing, P.O. Box 5000, Vancouver, Washington 98666-5000. DIVERSITY IN EMPLOYMENT AND CONTRACTING REQUIREMENTS - It is the policy of Clark County to require equal opportunity in employment and services subject to eligibility standards that may be required for a specific program. Clark County is an equal opportunity employer and is committed to providing equal opportunity in employment and in access to the provision of all county services. Clark County's Equal Employment Opportunity Plan is available at http://www.clark.wa.gov/hr/documents.html. This commitment applies regardless of race, color, religion, creed, sex, marital status, national origin, disability, age, veteran status, on-the-job injury, or sexual orientation. Employment decisions are made without consideration of these or any other factors that are prohibited by law. In compliance with department of Labor Regulations implementing Section 504 of the rehabilitation Act of 1973, as amended, no qualified handicapped individual shall be discriminated against in admission or access to any program or activity. The prospective contractor must agree to provide equal opportunity in the administration of the contract, and its subcontracts or other agreements. MUNICIPAL RESEARCH and SERVICE CENTER - Clark County (WA) contracts with the Municipal Research and Service Center (MRSC) to maintain our Consultant, Small Works and Vendor rosters. To be eligible to participate in this Clark County public solicitation and the resulting contract, your business must be registered with the MRSC Rosters. Failure to register may result in your proposal being marked nonresponsive. Be sure to select Clark County in your application. If you have questions about the registration process, contact the MRSC Rosters at 206-436-3798 or https://mrscrosters.org/businesses/business-membership/ INDEPENDENT PRICE DETERMINATION - The prospective contractor guarantees that, in connection with this proposal, the prices and/or cost data have been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition. This does not preclude or impede the formation of a consortium of companies and/or agencies for purposes of engaging in jointly sponsored proposals. INTERLOCAL AGREEMENT - Clark County has made this RFP subject to Washington State statute RCW 39.34. Therefore, the proposer may, at the proposers option, extend identical prices and services to other public agencies wishing to participate in this RFP. Each public agency wishing to utilize this RFP will issue a purchase order (or contract) binding only their agency. Each contract is between the proposer and the individual agency with no liability to Clark County. LIMITATION - This RFP does not commit Clark County to award a contract, to pay any costs incurred in the preparation of a response to this RFP, or to procure or contract for services or supplies. LATE PROPOSALS - A proposal received after the date and time indicated above will not be accepted. No exceptions will be made. ORAL PRESENTATIONS - An oral presentation may be required of those prospective contractors whose proposals are under consideration. Prospective contractors may be informed that an oral presentation is desired and will be notified of the date, time and location the oral presentation is to be conducted. OTHER AUDIT/MONITORING REQUIREMENTS - In addition, auditing or monitoring for the following purposes will be conducted at the discretion of Clark County: Fund accountability; Contract compliance; and Program performance. PRICE WARRANT - The proposer shall warrant that the costs quoted for services in response to the RFP are not in excess of those which would be charged any other individual or entity for the same services performed by the prospective contractor, in a similar socioeconomic, geographical region. PROTESTS - Must be submitted to the Purchasing Department. PUBLIC SAFETY - May require limiting access to public work sites, public facilities, and public offices, sometimes without advance notice. The successful Proposer’s employees and agents shall carry sufficient identification to show by whom they are employed and display it upon request to security personnel. County project managers have discretion to require the successful Proposer’s employees and agents to be escorted to and from any public office, facility or work site if national or local security appears to require it. ACCEPTANCE or REJECTION OF PROPOSALS - Clark County reserves the right to accept or reject any or all proposals received as a result of this RFP, to negotiate with any or all prospective contractors on modifications to proposals, to waive formalities, to postpone award, or to cancel in part or in its entirety this RFP if it is in the best interest of Clark County to do so. SUBCONTRACTING - No activities or services included as a part of this proposal may be subcontracted to another organization, firm, or individual without the approval of Clark County. Such intent to subcontract shall be clearly identified in the proposal. It is understood that the contractor is held responsible for the satisfactory accomplishment of the service or activities included in a subcontract. VERBAL PROPOSALS - Verbal proposals will not be considered in making the award of any contract as a result of this RFP. WORKERS COMPENSATION INSURANCE – The contractor shall comply with R.C.W. Title 51- with minimum coverage limits of $500,000 for each accident, or provide evidence that State law does not require such coverage. FOR ALTERNATIVE FORMATS Clark County ADA Office: V: 564-397-2322 ADA@clark.wa.gov http://www.clark.wa.gov/hr/documents.html https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmrscrosters.org%2Fbusinesses%2Fbusiness-membership%2F&data=05%7C02%7CKoni.Odell%40clark.wa.gov%7C545f54648f6649c1c7f008dc0bedb2de%7C389c6904b0734843a92d4a72a350cf02%7C1%7C0%7C638398363684410633%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=cOrK4OaoG7QxDKCkuRh5QUL0GLYkJo0jMX4M6Gacknw%3D&reserved=0 mailto:ADA@clark.wa.gov Request for Proposals Table of Contents PART I PROPOSAL REQUIREMENTS Section IA: General Information 1. Introduction 2. Background 3. Scope of Project 4. Project Funding 5. Title VI Statement 6. Timeline for Selection 7. Employment Verification Section IB: Work Requirements 1. Required Services 2. County Performed Work 3. Deliverables and Schedule 4. Place of Performance 5. Period of Performance 6. Prevailing Wage 7. Debarred / Suspended 8. Americans with Disabilities Act (ADA) Information 9. Public Disclosure 10. Insurance/Bond 11. Plan Holders List PART II PROPOSAL PREPARATION AND SUBMITTAL Section IIA: Pre-Submittal Meeting/Clarification 1. Pre-Submittal Meeting 2. Proposal Clarification Section IIB: Proposal Submission 1. Proposals Due 2. Proposal Section IIC: Proposal Content 1. Cover Sheet 2. Project Team 3. Management Approach 4. Respondent’s Capabilities 5. Project Approach and Understanding 6. Proposed Cost PART III PROPOSAL EVALUATION & CONTRACT AWARD Section IIIA: Proposal Review and Selection 1. Evaluation and Selection 2. Evaluation Criteria Scoring Section IIIB: Contract Award 1. Consultant Selection 2. Contract Development 3. Award Review 4. Orientation/Kick-off Meeting ATTACHMENTS A: Proposal Cover Sheet B: Letter of Interest C: Certification Regarding Debarment, Suspension and Other Responsibility Matters Form D. Milestone Payment Schedule E. Draft Contract Request for Proposal # 890 School Environmental Certification and Events Part I Proposal Requirements Section IA General Information 1. Introduction Clark County Green Schools equips students and staff to become environmental leaders in K-12 school communities. Clark County covers over 130 public schools and over 30 private schools. Clark County has a need for a vendor to provide an established environmental certification program and support the schools in their efforts to certify. In order to do this, the vendor will connect with key contacts at schools to assist them in starting a green team, choosing a project to work on, provide assistance in the certification process, and have schools complete a report card to complete the certification process. The vendor will also develop and implement two Clark County Green Schools Annual Student Summits, one for elementary students and one for middle and high school students. Clark County (WA) contracts with the Municipal Research and Service Center (MRSC) to maintain our Consultant, Small Works and Vendor Rosters. To be eligible to participate in this Clark County public solicitation and the resulting contract your business must be registered with the MRSC Rosters. Failure to register may result in your proposal being marked nonresponsive. Be sure to select Clark County in your application. If you have questions about the registration process, contact the MRSC Rosters at 206-436-3798 or https://mrscrosters.org/businesses/business-membership/ If your company contact details are not on the Plan Holder List at https://clark.wa.gov/internal-services/request-proposal-1 Attachment B, Letter of Interest must be submitted to participate in this RFP. Proposers shall respond to all sections to be considered. Clark County has made this Request for Proposal subject to Washington State statute RCW 39.34 Interlocal Cooperation Act. The proposer may opt to extend identical services and prices to qualified public agencies. Each contract is between the proposer and individual agency binding only their agency, with no liability to Clark County. 2. Background Clark County Green Schools is a program within Clark County Public Health. For more than ten years, Clark County Green Schools has provided waste reduction education and programming to all K-12 public and private schools. Green Schools offers waste reduction materials, such as recycling and compost bins, green team support, and classroom lessons at no cost to schools. Schools work to improve recycling on campus, reduce and divert food waste in the cafeteria, compost using worm bins in order to create lasting change in their school communities. Our goal is to encourage schools to minimize their environmental and carbon footprint, achieve certification for their efforts, and inspire environmental leadership. 3. Scope of Project 1. Task 1: Environmental certification program and needs-based assistance to Clark County schools. 1.1. Vendor will provide: 1.1.1. Needs-based assistance and support to Clark County schools participating in the environmental certification process. 1.1.2. Certification tools and templates, meet with school green teams and educators, assist schools in the process of certifying, and conduct site visits to schools. 1.1.3. Assistance to schools with the certification process may be provided via email, phone, and/or in-person meetings, as appropriate. https://mrscrosters.org/businesses/business-membership/ https://clark.wa.gov/internal-services/request-proposal-1 Request for Proposal # 890 School Environmental Certification and Events 1.1.3.1. The certification process must be straightforward and user-oriented for both educators and students. 1.1.3.2. This task will work towards meeting the overall expectation for at least 10 schools in Clark County to be certified each school year. 1.1.3.3. A minimum of eight (8) on-site school visits per school year to provide technical assistance or present an award for completing their certification. 1.1.4. Awards, certificates, and items of recognition for Clark County schools who achieve certification. 1.1.5. Working website for Clark County schools certifications. 1.1.5.1. Website shall be maintained and up to date with current information for ongoing viability of the program. 1.1.5.2. Website shall include a map of certified schools and their completed certification categories 1.1.6. Certify a minimum of ten (10) Clark County schools per school year. 1.1.6.1. In addition, Vendor shall provide technical assistance to schools to maintain their certification from previous years. 2. Task 2: Clark County Green Schools Annual Student Summits 2.1. Vendor will: 2.1.1. Develop and implement two (2) Clark County Green Schools Annual Student Summits, one (1) for elementary students, and one (1) for middle and high school students. 2.1.2. Further refine the previous agenda and models in collaboration with County to continue to improve the Student Summits each year. 2.1.3. Provide ongoing coordination and work with County staff to develop and pilot outreach strategies to increase participation. 2.2. Elementary Student Summit. 2.2.1. The Elementary Student Summit will be completed in the first or second quarter of the year. See Section, 2.2.2., Table 1, below for relevant tasks and timelines. 2.2.2. Table 1 Task Description Schedule 1 Begin planning for the event At least 3 months prior to the event 2 Create flyer and registration to advertise and promote the event to Clark County Schools At least 2 months prior to the event 3 Recruit keynote speaker(s) and facilitators to lead sessions 1 month prior to the event 4 Finalize agenda for the event 2 weeks prior to the event 5 Facilitate the Summit and individual sessions 1st or 2nd quarter of the year 6 Create, distribute and analyze an evaluation from participants Within 1 month after completing event 7 Provide evaluation results and participant information to Clark County Within 2 months after completing event Request for Proposal # 890 School Environmental Certification and Events 2.3. Secondary Student Summit. 2.3.1. The Secondary Student Summit for middle and high school students will be completed in the fourth quarter of the year. See Section, 2.3.2., Table 2, below for relevant tasks and timelines. 2.3.2. Table 2 Task Description Schedule 1 Begin planning for the event At least 3 months prior to the event 2 Create flyer and registration to advertise and promote the event to Clark County Schools At least 2 months prior to the event 3 Recruit keynote speaker(s) and facilitators to lead sessions 1 month prior to the event 4 Finalize agenda for the event 2 weeks prior to the event 5 Facilitate the Summit and individual sessions 1st or 2nd quarter of the year 6 Create, distribute, and analyze an evaluation from participants Within 1 month after completing event 7 Provide evaluation results and participant information to Clark County Within 2 months after completing event 2.4. County will provide: 2.4.1. Summit location, morning snacks and lunch for all participants. 2.4.2. Reimburse schools as needed bus transportation for schools. 2.4.3. Reimbursement for substitute teachers. 2.4.4. Two (2) to Three (3) County staff members to assist with the event. 2.4.5. Make copies of materials as needed. 4. Project Funding Allocation of funds for the RFP will be established based on the funds request in the selected proposal. See Attachment D, Milestone Payment Schedule. 5. Title VI Statement Title VI Statement Clark County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d‐4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. El Condado de Clark, de acuerdo con las disposiciones del Título VI de la Ley de Derechos Civiles de 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d a 2000d‐4) y el Reglamento, por la presente notifica a todos los postores que se asegurará afirmativamente de que cualquier contrato celebrado de conformidad con este anuncio, las empresas comerciales desfavorecidas tendrán Request for Proposal # 890 School Environmental Certification and Events la oportunidad plena y justa de presentar ofertas en respuesta a esta invitación y no serán discriminadas por motivos de raza, color u origen nacional en consideración a un laudo. 6. Timeline for Selection The following dates are the intended timeline: Deadline for Questions and Answers April 24, 2024 Final date for Addendum, if needed April 25, 2024 Proposals Dues May 1, 2024 Proposal Review/Evaluation Period May 1 – 22, 2024 Selection Committee Recommendation May 22, 2024 Contract Negotiation/Execution May 22 – June 30, 2024 Contract Intended to Begin July 1, 2024 7. Employment Verification The Contractor, if awarded the Contract, shall register and enter into a Memorandum of Understanding (MOU) with the Department of Homeland Security E-Verify program before execution of the Contract. The Contractor shall ensure all Contractor employees and any sub- contractor(s) assigned to perform work under this Agreement are eligible to work in the United States. The Contractor shall provide verification of compliance upon County request. Failure by Contractor to comply with this subsection shall be considered a material breach. (Sole Proprietors must submit a letter stating such.) Section IB Work Requirements 1. Required Services The vendor would work independently but coordinate closely with Clark County to accomplish the following: 1. Provide school certification and education program 2. Maintain website with certified Clark County schools 3. Provide needs-based assistance to schools 4. Develop and implement two Student Summits 2. County Performed Work A Clark County Environmental Outreach Specialist will be assigned as the project manager to ensure contract performance. Clark County will work collaboratively with vendor in relationship development with schools and districts, share contacts, and provide support as requested. Clark County will also assist with the two Clark County Annual Student Summits, as detailed in Section 1A: Scope of Project. 3. Deliverables & Schedule 1. Deliverables 1.1 Quarterly Report shall include: 1.1.1 Summary of activity for the period. 1.1.2 Cumulative totals for: Request for Proposal # 890 School Environmental Certification and Events 1.1.2.1 Schools receiving needs-based assistance via email, phone, in-person, or virtual meetings, categorized by school district and certification category. 1.1.2.2 Schools registered and in process of being certified, categorized by school district and certification category. 1.1.2.3 Schools certified, categorized by school district and certification category. 1.1.2.4 Number and names of school visits completed. 1.1.3 Student Summit participants and results from evaluations. 1.2 Annual Report shall include: 1.2.1 A year-end report summary of all information included in quarterly reporting. 1.2.2 Next steps and recommendations for improving participation and certification success for Clark County schools. 1.3 Reports are due to the Program Specialist by: 1.3.1.1 Q1 - January 15th 1.3.1.2 Q2 - April 15th 1.3.1.3 Annual - July 15th 1.3.1.4 Q3 - October 15th 1.4 Vendor shall inform County of any potential challenges meeting the deliverable deadlines. 1.5 County will review reports to ensure that it includes the required content. 1.5.1 County will return incomplete reports to Vendor for completion prior to approving invoices for payment. 4. Place of Performance The majority of the contract performance will likely take place at the Proposer’s facility, and may take place in the County’s facility, a third-party location, or any combination thereof. Vendor will make occasional visits to Clark County to meet with stakeholders. 5. Period of Performance A contract awarded as a result of this RFP will be for eighteen (18) months and is intended to begin on July 1, 2024 and end December 31, 2025. Total contract value including extensions will be determined by evaluating funds requested in the selected proposal(s) and approved funding. Clark County reserves the right to extend the contract resulting from this RFP for a period of nine (9) additional years, in one (1) year increments, with the same terms and conditions, by service of a written notice of its intention to do so prior to the contract termination date. Cost for additional option year(s) shall be reviewed prior to extension of the contract. The county also reserves the right to terminate the contract, with thirty (30) days written notice, at any time if the requirements of the contract are not being met satisfactorily, solely in the county’s judgment. 6. Prevailing Wage Applicable to all public work as defined in RCW 39.04.010(4) Public Works Definition Pursuant to Washington State RCW 39.12 PREVAILING WAGES ON PUBLIC WORKS all work identified in this project as a public work requires the contractor to pay Washington State prevailing wages and file all affidavits of intent to pay with the WA State Dept of Labor & Industries. Request for Proposal # 890 School Environmental Certification and Events Contractors shall meet the requirements for Prevailing Wage and public works requirements, per RCW 39.04.350 BIDDER RESPONSIBILITY CRITERIA – SWORN STATMENT – SUPPLEMENTAL CRITERIA. For this project select the Clark County rates that apply on the proposal closing date from either of these sites: http://www.wsdot.wa.gov/Design/ProjectDev/WageRates/default.htm http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates Before payment is made by the Local Agency of any sums due under this contract, the Local Agency must receive from the Contractor and each Subcontractor a copy of "Statement of Intent to Pay Prevailing Wages" (Form L & I Number 700-29) approved by the Washington State Department of Labor and Industries. A fee of $45.00 per each "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" is required to accompany each form submitted to this Department of Labor and Industries. The Contractor is responsible for payment of these fees and shall make all applications directly to the Department of Labor and Industries. These fees shall be incidental to all the proposed items of this contract. 7. Debarred/Suspended Federally or Washington State debarred or suspended suppliers may not participate in this Request for Proposal. All proposer’s must fill out, sign and submit the “Certification Regarding Debarment, Suspension, and Other Responsibility Matters” form with their proposal to be eligible to participate. 8. Americans with Disabilities Act (ADA) Information Clark County in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its programs and activities. This material can be made available in an alternate format by emailing ADA@clark.wa.gov or by calling 564-397-2322. 9. Public Disclosure This procurement is subject to the Washington Public Records Act (the “Act”), chapter 42.56 RCW. Once in the County’s possession, all of the RFP Submittals shall be considered public records and available for public records inspection and copying, unless exempt under the Act. If a Respondent or Proposer considers any portion of an RFP Submittal to be protected under the law, whether in electronic or hard copy form, the Respondent or Proposer shall clearly identify each such portion with the word “PROPRIETARY”. The County will notify the Respondent or Proposer in writing of the request and allow the Respondent or Proposer ten (10) days to obtain a court order enjoining release of the record(s). If the Respondent or Proposer does not take such action within the ten (10) day period, the County will release the portions of the RFP Submittal deemed subject to disclosure. All Respondents and Proposers who provide RFP Submittals for this procurement accept the procedures described above and agree that the County shall not be responsible or liable in any way for any losses that the party may incur from the disclosure of records to a third party who requests them. http://www.wsdot.wa.gov/Design/ProjectDev/WageRates/default.htm http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates mailto:ADA@clark.wa.gov Request for Proposal # 890 School Environmental Certification and Events 10. Insurance/Bond A. Waiver of Subrogation All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against County, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of subrogation prior to a loss. Contractor hereby waives its own right of subrogation against County and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Proof of Insurance Proof of Insurance shall be provided prior to the starting of the contract performance. Proof will be on an ACORD Certificate(s) of Liability Insurance, which the Proposer shall provide to Clark County. Each certificate will show the coverage, deductible and policy period. Policies shall be endorsed to state that coverage will not be suspended, voided, canceled or reduced without a 30-day written notice by mail to the County. It is the Proposer’s responsibility to provide evidence of continuing coverage during the overlap periods of the policy and the contract. C. Worker’s Compensation As required by the industrial insurance laws of the State of Washington. D. Automobile If the Proposer or its employees use motor vehicles in conducting activities under this Contract, liability insurance covering bodily injury and property damage shall be provided by the Proposer through a commercial automobile insurance policy. The policy shall cover all owned and non- owned vehicles. Such insurance shall have minimum limits of $1,000,000 per occurrence, combined single limit for bodily injury liability and property damage liability with a $1,000,000 annual aggregate limit. If the Proposer does not use motor vehicles in conducting activities under this Contract, then written confirmation to that effect on Proposer letterhead shall be submitted by the Proposer. E. Commercial General Liability (CGL) Insurance Written under ISO Form CG0001 or its latest equivalent with minimum limits of $2,000,000 per occurrence and in the aggregate for each one-year policy period. Personal and Advertising Injury $1,000,000 and General Aggregate $1,000,000. This policy must renew annually. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $1,000,000 per occurrence and in the aggregate. However, if other policies are added they must be a follow-form policy in language, renewal date, and have no more exclusions than the underlying coverage. Products and Completed Operations coverage shall be provided for a period of three years following Substantial Completion of the Work. The deductible will not be more than $50,000 unless prior arrangements are made with Clark County on a case-by-case basis; the criterion is the Contractor’s liquidity and ability to pay from its own resources regardless of coverage status due to cancellation, reservation of rights, or other no-coverage-enforce reason. Coverage shall not contain any endorsement(s) excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability. Clark County needs to be listed as additional insured. F. Professional Liability (aka Errors and Omissions) The Proposer shall obtain, at Proposer’s expense, and keep in force during the term of this contract Professional Liability insurance policy to protect against legal liability arising out of contract activity. Such insurance shall provide a minimum of $1,000,000 per occurrence. The deductible will not be more than $25,000 unless prior arrangements are made with Clark County on a case-by-case basis; the criterion is the Proposer’s liquidity and ability to pay from its own resources. It should be an “Occurrence Form” policy. If the policy is “Claims Made”, then Extended Reporting Period Coverage (Tail coverage) shall be purchased for three (3) years after the end of the contract. Request for Proposal # 890 School Environmental Certification and Events G. Umbrella Liability Coverage Umbrella Coverage in the amount of $1,000,000 shall be provided and will apply over all liability policies without exception, including Commercial General Liability and Automobile Liability. H. Additional Insured Clark County, its officers, employees and agents, will be named on all policies of contractor and any subcontractors as an additional insured, with no restrictions or limitations concerning products and completed operations. This coverage shall be primary coverage and noncontributory to any coverage maintained by Clark County. The contractor shall provide Clark County with verification of insurance and endorsements required by this agreement. Clark County reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. All policies must have a Best’s Rating of A-VII or better. 11. Plan Holders List All proposers are required to be listed on the plan holders list.  Prior to submission of proposal, confirm your organization is on the Plan Holders List below: To view the Plan Holders List, click on the link below or copy and paste into your browser. Clark County RFP site: https://clark.wa.gov/internal-services/purchasing-overview • If your organization is NOT listed, submit Attachment B - Letter of Interest to ensure your inclusion. • Proposals received by Clark County by proposers not included on the Plan Holders List may be considered non-responsive. https://clark.wa.gov/internal-services/purchasing-overview Request for Proposal # 890 School Environmental Certification and Events Part II Proposal Preparation and Submittal Section IIA Pre-Submittal Meeting / Clarification 1. Pre-Submittal Meeting There are no plans to hold a pre-submittal meeting. 2. Proposal Clarification Questions and Requests for Clarification regarding this Request for Proposal must be directed in writing, via email, to the person listed on the cover page. The deadline for submitting such questions/clarifications is April 24, 2024 by 5:00 pm. An addendum will be issued no later than April 25, 2024 to all recorded holders of the RFP if a substantive clarification is in order. The Questions & Answers/Clarifications are available for review at the link below. Each proposer is strongly encouraged to review this document prior to submitting their proposal. Clark County RFP site: https://clark.wa.gov/internal-services/request-proposal-1 Section IIB Proposal Submission 1. Proposals Due Sealed proposals must be received no later than the date, time and location specified on the cover of this document. The outside of the envelope/package shall clearly identify: 1. RFP Number and; 2. TITLE and; 3. Name and Address of the Proposer. Responses received after submittal time will not be considered and will be returned to the Proposer - unopened. Proposals received with insufficient copies (as noted on the cover of this document) cannot be properly disseminated to the Review Committee and other reviewers for necessary action, therefore, may not be accepted. 2. Proposal Proposals must be clear, succinct and not exceed twenty (20) pages, excluding resumes, coversheet and debarment form. Proposer’s who submit more than the pages indicated may not have the additional pages of the proposal read or considered. For purposes of review and in the interest of the County, the County encourages the use of submittal materials (i.e. paper, dividers, binders, brochures, etc.) that contain post-consumer recycled content and are readily recyclable. The County discourages the use of materials that cannot be readily recycled such as PVC (vinyl) binders, spiral bindings, and plastic or glossy covers or dividers. Alternative bindings such as reusable/recyclable binding posts, reusable binder clips or binder rings, and recyclable cardboard/paperboard binders are examples of preferable submittal materials. https://clark.wa.gov/internal-services/request-proposal-1 Request for Proposal # 890 School Environmental Certification and Events Proposers are encouraged to print/copy on both sides of a single sheet of paper wherever applicable; if sheets are printed on both sides, it is considered to be two pages. Color is acceptable, but content should not be lost by black-and-white printing or copying. All submittals will be evaluated on the completeness and quality of the content. Only those Proposers providing complete information as required will be considered for evaluation. The ability to follow these instructions demonstrates attention to detail. Additional support documents, such as sales brochures, should not be included with each copy unless otherwise specified. Section IIC Proposal Content 1. Cover Sheet This form is to be used as your proposal Cover Sheet. See Cover Sheet - Attachment A 2. Project Team Provide details about your organization, affiliation, partner agencies, companies, and a list of qualifications of the team members that would to be working on the project. Include details of the previous experience your team has working with public and private K-12 schools and school districts. In addition, include your experience coordinating events for and with schools and school districts. Provide three (3) references. References will be contacted to confirm that your organization met their project needs and can attest to quality support and service. 3. Management Approach Describe your work style and mechanisms that will be used to coordinate with Clark County, schools, school districts, and partner agencies for collaboration. Describe how your organization manages projects including: 1. Planning 2. Scheduling 3. Time management 4. Task management 5. Communications 6. Completion of deliverables Provide the school environmental certification criteria that would be used. 4. Respondent’s Capabilities Provide previous work history that demonstrates knowledge and understanding of curriculum standards in Washington. Provide information about the certifications you offer and the areas you serve. Provide three references. 5. Project Approach and Understanding Provide a summary of how your agency will provide the services identified within the scope of work and identify supporting information to be submitted with each invoice. Show your creative problem- solving approach to completing each element of the Scope of Work and how you would increase school participation in the environmental certification program. 6. Proposed Cost Complete Attachment D, to propose milestone payments for the schedule of invoices to be submitted. Request for Proposal # 890 School Environmental Certification and Events Part III Proposal Evaluation & Contract Award Section IIIA Proposal Review and Selection 1. Evaluation and Selection: An initial screening will be completed for all proposals received to ensure that it’s responsive and responsible. If available, provide a Federal SAM Unique Entity Identifier (UEI) and/or Commercial and Government Entity (CAGE) code identifier. All proposals that pass the initial screening will be evaluated by a committee based on the evaluation scoring criteria listed below. Each member of the evaluation committee will sign a confidentiality and conflict-of-interest statement, prior to receiving the proposals. 2. Evaluation Criteria Scoring Each proposal received in response to the RFP will be objectively evaluated and rated according to a specified point system. A one hundred (100) point system will be used, weighted against the following criteria: Proposal Quality • A quality proposal addresses all work outlined in this RFP. • A quality proposal is free of grammatical and spelling errors, organized, designed well, and easy to understand. 20 Experience / Work History • Previous experience working with public and private K-12 schools and school districts. • Experience coordinating events for and with schools and school districts. 30 Capabilities / Approach • Approach to completing each element of the scope of work. • School environmental certification criteria and templates. • How the organization manages projects. • Work style and mechanisms that will be used. 35 Cost • The estimated cost to complete the project is reasonable 15 Total Points 100 Section IIIB Contract Award 1. Consultant Selection The County will determine the most qualified proposer based on the evaluation criteria listed using predetermined weights, the attributes of the Proposers and the overall responsiveness of the Proposal. If the County does not reach a favorable agreement with the top Proposer, the County shall terminate negotiations and begin negotiations with the next qualified Proposer. If the County is unable to reach agreeable terms with either Proposer, they may opt to void the RFP and determine next steps. Clark County reserves the right to accept or reject any or all proposals received, to negotiate with any or all prospective contractors on modifications to proposals, to waive formalities, to postpone award, or to cancel in part or in its entirety this RFP. Clark County reserves the right to award the contract based on the best interests of the County. Request for Proposal # 890 School Environmental Certification and Events 2. Contract Development See Attachment E, Draft Contract. 3. Award Review The public may view Request for Proposal documents by submitting a public records request at www.clark.wa.gov . 4. Orientation/Kick-off Meeting Upon contract execution Clark County will schedule a kick-off meeting to discuss the timeline, quarterly reports, Student Summits and answer any questions prior to the commencement of services. http://www.clark.wa.gov/ Request for Proposal # 890 School Environmental Certification and Events Attachment A: COVER SHEET General Information: Legal Name of Proposing Firm Street Address City | State | Zip Code Contact Person | Title Phone Program Location (if different than above) Email Address Tax Identification Number I certify that to the best of my knowledge the information contained in this proposal is accurate and complete and that I have the legal authority to commit this agency to a contractual agreement. I realize the final funding for any service is based upon funding levels, and the approval of the Clark County Council and required approvals. ___________ _ Authorized Signature of Proposing Firm Date ______________________________________________________ ________________________________ Printed Name Title ADDENDUM: Proposer shall acknowledge receipt of Addenda by checking the appropriate box(es). None  1  2  3  4  5  6  NOTE: Failure to do so, shall render the proposer non-responsive and therefore be rejected. Request for Proposal # 890 School Environmental Certification and Events Attachment B: LETTER OF INTEREST Legal Name of Proposing Firm Street Address City | State | Zip Code Contact Person | Title Phone Program Location (if different than above) Email Address  All proposers are required to be included on the plan holders list.  If your organization is NOT listed, submit the ‘Letter of Interest” to ensure your inclusion. Email Letter of Interest to: Koni.Odell@clark.wa.gov and Priscilla.Mason@clark.wa.gov Clark County web link: https://clark.wa.gov/internal-services/request-proposal-1 This document will only be used to add a proposer to the plan holders list. Submitting this document does not commit proposer to provide services to Clark County, nor is it required to be submitted with proposal. Proposals may be considered non-responsive if the Proposer is not listed on the plan holders list. mailto:Koni.Odell@clark.wa.gov mailto:Priscilla.Ricci@clark.wa.gov https://clark.wa.gov/internal-services/request-proposal-1 Request for Proposal # 890 School Environmental Certification and Events Attachment C Clark County, Washington Certification Regarding Debarment, Suspension and Other Responsibility Matters The prospective participant certifies to the best of its knowledge and belief 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, State or local department or agency; (b) Have not within a three-year period preceding this proposal 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 records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. _______________________________________________________ Company Name Typed Name & Title of Authorized Representative Signature of Authorized Representative Date I am unable to certify to the above statements. My explanation is attached. Atachment D Milestone Payment Schedule Deliverable Due Date Payment Amount Y1 Q3 Report October 15, 2024 $ Y1 Annual Report January 15, 2025 $ Y2 Q1 Report April 15, 2025 $ Y2 Q2 Report July 15, 2025 $ Y2 Q3 Report October 15, 2025 $ Y2 Annual Report January 15, 2025 $ HDC.2255 Page 1 of 24 PROFESSIONAL SERVICES HDC.2255 between CLARK COUNTY P.O. Box 9825, Vancouver, WA 98666 and CONTRACTOR Address, Address 2, City, State, Zip Project: Green School Certification Service Description: Support schools in efforts to become environmentally certified. RFP: RFP# 890 Green School Certification Supplier Contract Number: SCN0000XXXX Contract Name: CCPH XXX Green School Certification HDC.2255 Contract Period: July 1, 2024-December 31, 2025 Total Contract Amount: $00,000.00 County Contacts Program Fiscal Contract Samantha Springs LeCain 564.397.7331 samantha.springslecain@clark.wa.gov Josh Gossage 564.397.8235 Josh.Gossage@clark.wa.gov Holly Barnfather 360.949.6965 GCT@clark.wa.gov Contractor Contacts Program Fiscal Contract Name 360.555.555 email@yahoo.com Name 360.555.555 email@yahoo.com Name 360.555.555 email@yahoo.com By signing below, Clark County, hereinafter referred to as “County,” and ______________, hereinafter referred to as “Contractor,” agree to all terms and conditions, exhibits, and requirements of this contract. CONTRACTOR CLARK COUNTY ____________________________________ ______________________________________ Contractor Name, Title Date Kathleen Otto, County Manager Date APPROVED AS TO FORM ONLY: ____________________________________ Amanda Migchelbrink Date Deputy Prosecuting Attorney mailto:samantha.springslecain@clark.wa.gov mailto:Josh.Gossage@clark.wa.gov mailto:GCT@clark.wa.gov mailto:email@yahoo.com mailto:email@yahoo.com mailto:email@yahoo.com HDC.2255 Page 2 of 24 TERMS AND CONDITIONS 1. Services. The Contractor shall perform services as set forth in Exhibit A. 2. Time. The contract shall be effective beginning July 1, 2024 and ending December 31, 2025. County reserves the right to extend the contract nine (9) one (1) year periods, with the same terms and conditions, upon a written amendment to this Contract signed by both parties. 3. Compensation. County shall pay the Contractor for performing said services net 30 days upon receipt of a written invoice, according to the schedule set forth in Exhibit B, Budget Summary, which is attached hereto and incorporated herein by this reference. The parties mutually agree that in no event may the amount billing exceed $00,000.00 without prior approval of the County. This Contract is contingent upon funding being available for the term of the Contract and the Contractor shall have no right of action against the County in the event that the Contractor is unable to perform its obligations under this Contract as a result of the suspension, termination, withdrawal, or failure of funding to the County or lack of sufficient funding of the County for this Contract. Any work performed prior to effective date of this Contract will be at the sole expense and risk of the Contractor. 3.1. The invoice shall include: 3.1.1. Payee information, (Agency Name, Address, phone/email) 3.1.2. Invoice date 3.1.3. Period of services included on invoice 3.1.4. Invoice number 3.1.5. Supplier Contract Number: SCN0000XXXX 3.1.6. Payor information: Clark County Public Health Attn: CHAP PO BOX 9825 Vancouver, WA 98666 3.2. Invoices shall be sent electronically to: CHAP@clark.wa.gov. 3.3. An Invoice Example is included for reference as Exhibit A. 4. Price Adjustment. The Contractor is not prohibited from requesting a price increase on its services offered under the contract. The County is not prohibited from requesting a price reduction on those services during the initial term or any subsequent options that the County mailto:CHAP@clark.wa.gov HDC.2255 Page 3 of 24 may agree to exercise. If agreement is reached to extend this contract beyond the initial two (2) year period, either party shall have the option of offering a determined price adjustment that shall not exceed the current All Urban Consumers Price Index (CPI-U), U.S. City Average. If the CPI-U is used, any increase/decrease shall reflect the change during the previous published twelve (12) month period at the time of renegotiation. 5. Termination. The County may terminate this Contract immediately upon any breach by Contractor in the duties of Contractor as set forth in Contract. The waiver by the County of one or more breaches shall not be construed as a waiver of any subsequent breach or breaches. Either party may terminate this Contract without cause upon ninety (90) days prior written notice. Further, County may terminate this Contract upon immediate notice to Contractor in the event that the funding for the project ceases or is reduced in amount. The Contractor will be reimbursed for services expended up to the date of termination. Within fourteen (14) days of any termination, the Contractor will provide all work products and working documents developed within the effective term of the contract. 6. Independent Contractor. The Contractor shall always be an independent Contractor and not an employee of the County and shall not be entitled to compensation or benefits of any kind, except as specifically provided herein. 7. Indemnification/Hold Harmless. The Contractor shall defend, indemnify, and hold the County, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits, including attorney fees, arising out of or resulting from the negligent acts, errors, or omissions of the Contractor in performance of this Contract, except for injuries and damages caused by the sole negligence of the County. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the County, its officers, officials, employees, and volunteers, the Contractor’s liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Contract. HDC.2255 Page 4 of 24 8. Wage and Hour Compliance. Contractor shall comply with all applicable provisions of the Fair Labor Standards Act and any other legislation affecting its employees and the rules and regulations issued thereunder insofar as applicable to its employees and shall always save County free, clear, and harmless from all actions, claims, demands, and expenses arising out of said act and the rules and regulations that are or may be promulgated in connection therewith. 9. Social Security and Other Taxes. The Contractor assumes full responsibility for the payment of all payroll taxes, use, sales, income, or other form of taxes, fees, licenses, excises, or payments required by any city, federal, or state legislation that is now or may during the term of this contract be enacted as to all persons employed by the Contractor in performance of the work pursuant to this Contract and shall assume exclusive liability therefore, and meet all requirement's thereunder pursuant to any rules and regulations that are now and may be promulgated in connection therewith. 10. Contract Documents. The contract documents included in this contract include Exhibit A, Scope of Work, Exhibit B, Budget Summary, Exhibit C, Invoice Example, and Exhibit D, Special Terms and Conditions. If there is a conflict between the provisions of these documents, the provisions of this Contract shall control. 11. Equal Employment Opportunity. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, gender, gender identity, sexual orientation, age, disability, marital status, or national origin. 12. Changes. County may, from time to time, require changes in the scope of the services to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between County and the Contractor, shall be in writing, signed by both parties, and incorporated in the written amendments to the Contract. 13. Public Records Act. Notwithstanding the provisions of this contract to the contrary, to the extent any record, including any electronic, audio, paper, or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, RCW Chapter 42.56, as may hereafter be amended, Contractor agrees to maintain all records constituting public records and to produce or assist Clark County in producing such records, within the time frames and parameters set forth in state law. Contractor further agrees that HDC.2255 Page 5 of 24 upon receipt of any written public record request from the public to the Contractor, Contractor shall, within two business days, notify Clark County of receipt of the request by providing a copy of the request to the Clark County Public Records Officer. 14. Governing Law. This contract shall be governed by the laws of the State of Washington. Venue for any litigation shall be in Superior Court for the State of Washington in Clark County, Washington. 15. Confidentiality. With respect to all information relating to County that is confidential and clearly so designated, the Contractor agrees to keep such information confidential. 16. Conflict of Interest. The Contractor covenants that it has had no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services hereunder. The Contractor further covenants that no person having such interest shall be employed by or shall perform services as an independent contractor with it, in the performance of this contract. 17. Insurance. 17.1. Commercial General Liability Insurance. The Contractor specifically confirms and warrants that it has commercial general liability insurance with minimum limits of $1,000,000 per occurrence and $1,000,000 annual aggregate for bodily injury and property damage. The deductible will not be more than $50,000 unless prior arrangements are made with Clark County on a case-by-case basis; the criterion is the Contractor’s liquidity and ability to pay from its own resources regardless of coverage status due to cancellation, reservation of rights, or other no-coverage-enforce reason. 17.2. Professional Liability. The Contractor shall obtain, at Contractor’s expense, and keep in force during the term of this contract Professional Liability insurance policy to protect against legal liability arising out of its errors and omissions. Such insurance shall provide a minimum of $1,000,000 per occurrence and $1,000,000 annual aggregate. The deductible will not be more than $25,000 unless prior arrangements are made with Clark County on a case-by-case basis; the criterion is the Contractor’s liquidity and ability to pay from its own resources. It should be an “Occurrence Form” policy. If the policy is “Claims Made”, then HDC.2255 Page 6 of 24 Extended Reporting Period Coverage (Tail coverage) shall be purchased for three (3) years after the end of the contract term. At all times, Contractor's policy, limits, and coverage will be primary and non-contributory as respect to the Contractor. 17.3. Automobile. If the Contractor or its employees use motor vehicles in conducting activities under this Contract, liability insurance covering bodily injury and property damage shall be provided by the Contractor through a commercial automobile insurance policy. The policy shall cover all owned and non-owned vehicles. Such insurance shall have minimum limits of $1,000,000 per occurrence, combined single limit for bodily injury liability and property damage liability with a $1,000,000 annual aggregate limit. If vehicles are not used, Contractor shall, on letterhead, provide a letter to County stating the same. 17.4. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this contract shall be endorsed to waive subrogation against County, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against County, and if applicable, shall require similar written express waivers and insurance clauses from each of its subcontractors. 17.5. Worker’s Compensation. As required by the industrial insurance laws of the State of Washington. 17.6. Proof of Insurance. The Contractor shall provide ACORD certificate(s) which includes the requirements listed above and shall assure that Clark County is listed as an additional insured. All policies must have a Best’s Rating of A-VII or better. Failure to provide County proof of insurance within fifteen (15) days upon Contract execution is agreed by both parties to be a material breach of his Contract and may result in termination of this Contract pursuant to Paragraph four (4) above. 18. Consent and Understanding. This contract contains a complete and integrated understanding of the Contract between the parties and supersedes any understandings, contract, or negotiations, whether oral or written, not set forth herein or in written amendments hereto duly executed by both parties. 19. Force Majeure. Neither party will be liable for failure or delay to perform obligations under this Contract, which have become practicably impossible because of circumstances beyond the HDC.2255 Page 7 of 24 reasonable control of the applicable party. Such circumstances include without limitation natural disasters or acts of God; acts of terrorism; labor disputes or stoppages; war; government acts or orders; epidemics, pandemics, or outbreak of communicable disease; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. Written notice of a party’s failure or delay in performance due to force majeure must be given to the other party no later than five (5) business days following the force majeure event commencing, which notice shall describe the force majeure event and the actions taken to minimize the impact thereof. All delivery dates under this Contract affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations and deliverables for mutually agreed dates as soon as practicable after the force majeure condition ceases to exist. 20. Debarment or Exclusion. The Contractor certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in any federally funded program by any federal department or agency (Excluded Person) and that no owner, director, officer, or partner with an ownership or control interest in the Contractor is an Excluded Person. In addition, Contractor certifies that no employee or subcontractor of Contractor who will perform work (whether directly or indirectly) under this Contract is an Excluded Person. 21. Severability. If any provision of this contract is held invalid, the remainder would then continue to conform to the terms and requirements of applicable law. HDC.2255 Page 8 of 24 EXHIBIT A STATEMENT OF WORK 1. Background/Overview Clark County Green Schools is a program within Clark County Public Health. For more than ten years, Clark County Green Schools has provided waste reduction education and programming to all K-12 public and private schools. Green Schools offers waste reduction materials, such as recycling and compost bins, green team support, and classroom lessons at no cost to schools. Schools work to improve recycling on campus, reduce and divert food waste in the cafeteria, compost using worm bins in order to create lasting change in their school communities. Our goal is to encourage schools to minimize their environmental and carbon footprint, achieve certification for their efforts, and inspire environmental leadership. 2. Scope of Work 2.1. Task 1: Environmental certification program and needs-based assistance to Clark County schools. 2.1.1. Contractor will provide: 2.1.1.1. Needs-based assistance and support to Clark County schools participating in the environmental certification process. 2.1.1.2. Certification tools and templates, meet with school green teams and educators, assist schools in the process of certifying, and conduct site visits to schools. 2.1.1.3. Assistance to schools with the certification process may be provided via email, phone, and/or in-person meetings, as appropriate. 2.1.1.3.1. The certification process must be straightforward and user-oriented for both educators and students. 2.1.1.3.2. This task will work towards meeting the overall expectation for at least ten (10) schools in Clark County to be certified each school year. 2.1.1.3.3. A minimum of eight (8) on-site school visits per school year to provide technical assistance or present an award for completing their certification. 2.1.1.4. Awards, certificates, and items of recognition for Clark County schools who achieve certification. 2.1.1.5. Working website for Clark County school certifications. HDC.2255 Page 9 of 24 2.1.1.5.1. Website shall be maintained and up to date with current information for ongoing viability of the program. 2.1.1.5.2. Website shall include a map of certified schools and their completed certification categories. 2.1.1.6. Certify a minimum of ten (10) Clark County schools per school year. 2.1.1.6.1. In addition, Contractor shall provide technical assistance to schools to maintain their certification from previous years. 2.2. Task 2: Clark County Green Schools Annual Student Summits 2.1.1. Contractor will: 2.1.1.1. Develop and implement two (2) Clark County Green Schools Annual Student Summits, one (1) for elementary students, and one (1) for middle and high school students. 2.1.1.2. Further refine the previous agenda and models in collaboration with County to continue to improve the Student Summits each year. 2.1.1.3. Provide ongoing coordination and work with County staff to develop and pilot outreach strategies to increase participation. 2.1.2. Elementary Student Summit 2.1.2.1. The Elementary Student Summit will be completed in the first or second quarter of the year. See Section, 2.2.2., Table 1, below for relevant tasks and timelines. 2.1.2.2. Table 1 Task Description Schedule 1 Begin planning for the event At least 3 months prior to the event 2 Create flyer and registration to advertise and promote the event to Clark County Schools At least 2 months prior to the event 3 Recruit keynote speaker(s) and facilitators to lead sessions 1 month prior to the event 4 Finalize agenda for the event 2 weeks prior to the event 5 Facilitate the Summit and individual sessions 1st or 2nd quarter of the year 6 Create, distribute, and analyze an evaluation from participants Within 1 month after completing the event HDC.2255 Page 10 of 24 7 Provide evaluation results and participant information to Clark County Within 2 months after completing the event 2.1.3. Secondary Student Summit 2.1.3.1. The Secondary Student Summit for middle and high school students will be completed in the fourth quarter of the year. See Section, 2.3.2., Table 2, below for relevant tasks and timelines. 2.1.3.2. Table 2 Task Description Schedule 1 Begin planning for the event At least 3 months prior to the event 2 Create flyer and registration to advertise and promote the event to Clark County Schools At least 2 months prior to the event 3 Recruit keynote speaker(s) and facilitators to lead sessions 1 month prior to the event 4 Finalize agenda for the event 2 weeks prior to the event 5 Facilitate the Summit and individual sessions 1st or 2nd quarter of the year 6 Create, distribute, and analyze an evaluation from participants Within 1 month after completing the event 7 Provide evaluation results and participant information to Clark County Within 2 months after completing the event 2.2. County will provide: 2.2.1. Summit location, morning snacks and lunch for all participants. 2.2.2. Reimburse schools as needed bus transportation for schools. 2.2.3. Reimbursement for substitute teachers. 2.2.4. Two (2) to Three (3) County staff members to assist with the event. 2.2.5. Make copies of materials as needed. 3. Deliverables 3.1. Quarterly Report shall include: 3.1.1. Summary of activity for the period. 3.1.2. Cumulative totals for: 3.1.2.1. Schools receiving needs-based assistance via email, phone, in-person, or virtual meetings, categorized by school district and certification category. HDC.2255 Page 11 of 24 3.1.2.2. Schools registered and in process of being certified, categorized by school district and certification category. 3.1.2.3. Schools certified, categorized by school district and certification category. 3.1.2.4. Number and names of school visits completed. 3.1.3. Student Summit participants and results from evaluations. 3.2. Annual Report shall include: 3.2.1. A year-end report summary of all information included in quarterly reporting. 3.2.2. Next steps and recommendations for improving participation and certification success for Clark County schools. 3.3. Reports are due to the Program Specialist by: 3.3.1. Q1 - January 15th 3.3.2. Q2 - April 15th 3.3.3. Annual - July 15th 3.3.4. Q3 - October 15th 3.4. Contractor shall inform County of any potential challenges meeting the deliverable deadlines. 3.5. County will review reports to ensure that it includes the required content. 3.5.1. County will return incomplete reports to Contractor for completion prior to approving invoices for payment. HDC.2255 Page 12 of 24 EXHIBIT B BUDGET SUMMARY DELIVERABLE DUE DATE PAYMENT AMOUNT Y1 Q3 Report / Invoice October 15, 2024 $ Y1 Annual Report / Invoice January 15, 2025 $ Y2 Q1 Report / Invoice April 15, 2025 $ Y2 Q2 Report / Invoice July 15, 2025 $ Y2 Q3 Report / Invoice October 15, 2025 $ Y2 Annual Report / Invoice January 15, 2025 $ Total: $ HDC.2255 Page 13 of 24 EXHIBIT C INVOICE EXAMPLE Clark County Public Health Contractor Business Name Contractor Address Vancouver, WA 98666-8825 Contractor Address Contractor Phone number CHAP@clark.wa.gov Contractor email Charges Credits Balance Period: Dec-20 XXX 2,400.00$ 2,400.00$ XXX 350.00$ 350.00$ XXX 7,500.00$ 7,500.00$ XXX 8,333.33$ 8,333.33$ Admin Other TOTAL DUE : 18,583.33$ 18,583.33$ Include backup documention requested in contract. 564.397.8473 P.O. Box 9825 ReferenceDate 1/15/2021 Invoice # Service Description: XXX, under agreement Supplier Contract Number: SCN0000XXXX. Contact Person Name, Contact Person Title Date January 15, 2021 HDC.2255 Page 14 of 24 EXHIBIT D SPECIAL TERMS AND CONDITIONS (if applicable) 1. Access, Monitoring, and Inspections. Applicable for contracts that impact public fees. 1.1. Contractor agrees to cooperate and participate in the County's monitoring and evaluation process. The Contractor shall furnish documents, reports, statements, records, data, and other information to the County, state, federal, or other funding agencies at such times and on such forms as are specified by the County. This may include agreements the Contractor has with other entities. 1.2. Contractor grants the County the right of access to examine or transcribe any records, books, financial statements, papers, and documents relating to this Contract. The Contractor’s records, books, financial statements, papers, and documents, with respect to all matters, shall be subject at all times to inspection, review, or audit by the County, federal, or state officials during the performance of a Contract with the County and during the period of document retention. 2. Fair Housing and Non-discrimination. Applicable for contracts that involve participant housing, including isolation and quarantine facilities. 2.1. The Contractor shall comply with all local, state, and federal fair housing and non- discrimination laws, regulations, and policies. Contractor shall take necessary and appropriate actions to prevent discrimination in rental units assisted through the contracted funding sources. 2.2. In accordance with the decision in United States v. Windsor, 133 S. Ct. 2675 (June 26, 2013), and section 3 of the Defense of Marriage Act, codified at 1 USC 7, in any grant- related activity in which family, marital, or household considerations are, by statute or regulation, relevant for purposes of determining beneficiary eligibility or participation, grantees must treat same-sex spouses, marriages, and households on the same terms as opposite sex spouses, marriages, and households, respectively. 3. Prevailing Wage. Applicable for public works contracts, such as janitorial, landscaping, maintenance, repairs, construction, etc. 3.1. This Clark County Public Health contract requires prevailing wages under chapter 39.12 RCW. Any worker, laborer, or mechanic employed in the performance of any part of the work shall be paid not less than the applicable prevailing rate of wage. 3.1.1. The effective date for prevailing wages on this project will be the prime contractor’s bid due date with these exceptions: 3.1.1.1. If the project is not awarded within six (6) months of the bid due date, the award date is the effective date. 3.1.1.2. If the project is not awarded pursuant to bids, the award date (the date the contract is executed) is the effective date. 3.1.1.3. Janitorial contracts follow WAC 296-127-023. HDC.2255 Page 15 of 24 3.2. For janitorial contracts, the rates require annual (contract year) updates with Intent and Affidavit filings. 3.3. Look up the prevailing rates of pay, benefit, and overtime codes from this link: http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp . 3.4. For prevailing wage questions, contact the Dept. of Labor and Industries at PW1@Lni.wa.gov or 360-902-5335. 3.5. Required Prevailing Wage Documents: 3.5.1. On forms approved by the Industrial Statistician of Washington State Dept. of Labor & Industries (L&I), the Contractor shall submit to Clark County Public Health the following for itself and for each firm covered under RCW 39.12 that provided Work and materials for the Contract: 3.5.1.1. A copy of an approved “Statement of Intent to Pay Prevailing Wages” required by RCW 39.12.040. The County will make no payment under this Contract for the Work performed until this statement has been approved by L&I and a copy of the approved form has been provided. 3.5.1.2. A copy of an approved “Affidavit of Prevailing Wages Paid”, required by RCW 39.12.040. The Contracting Agency will not grant Completion (acceptance of the contract) until all approved Affidavit of Wages paid for Contractor and all Subcontractors have been received. The Contracting Agency will not release to the Contractor any funds retained under RCW 60.28.011 until all of the “Affidavit of Prevailing Wages Paid” forms have been approved by L&I and a copy of all the approved forms provided. 3.5.1.3. The contractors and subcontractors must submit certified payroll records to L&I as required by RCW 39.12.120. 3.5.1.4. The Contractor shall be responsible for any form filing fees required by L&I. 3.6. Prevailing Wage Unit-priced Contract. 3.6.1. Time. The contract term shall not exceed one (1) year. The county reserves the right to extend the contract for an additional one (1) year period, with the same terms and conditions, by service of a written notice of its intention to do so prior to the contract termination date. 4. Federal Certifications and Assurances. Applicable for contracts (not subaward) that use $0.01 or greater of federal funds 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II 4.1. Equal Employment Opportunity 4.1.1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp mailto:PW1@Lni.wa.gov HDC.2255 Page 16 of 24 regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 4.1.2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 4.1.3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4.1.4. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4.1.5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 4.1.6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 4.1.7. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. HDC.2255 Page 17 of 24 4.1.8. The contractor will include the provisions of paragraphs (1.1) through (1.8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 4.2. Davis Bacon Act and Copeland Anti-Kickback Act 4.2.1. The Contractor shall pay their laborers and mechanics minimum wage rates not less than once a week in accordance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction)) as pertinent to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 C.F.R. Parts 3 and 5, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided that if wage rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve the Contractor of its obligation, if any, of the requirements of 29 C.F.R. §5.5. 4.2.2. In addition to the federal wage rate requirements referenced in the section above, Washington state law (RCW 39.12) also contains standards for determining when a project is a public work for the purposes of state law and the payment of prevailing wage rates. By signing this Contract, the Contractor agrees to defend and hold the County harmless from any claims based on alleged failure to pay prevailing wages. 4.2.3. The Contractor shall be responsible for the payment of prevailing wages, if applicable, and will demonstrate its compliance by uploading the following documents to the Washington Department of Labor and Industries web portal: 4.2.3.1. A “Statement of Intent to Pay Prevailing Wage” at the start of the project. 4.2.3.2. An “Affidavit of Wages Paid” at the end of the project with the final payment request. The County may withhold final payment on the project until such time as both documents have been received. 4.2.4. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 4.2.5. The contractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. HDC.2255 Page 18 of 24 4.2.6. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 4.3. Contract Work Hours and Safety Standards Act 4.3.1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 4.3.2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (3.1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 4.3.3. Withholding for unpaid wages and liquidated damages. Clark County Public Health) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. 4.3.4. Each contract in an amount greater than $100,000 that is entered into under legislation subject to Reorganization Plan Numbered 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267) and is for construction, alteration, and repair, including painting and decorating, must provide that no contractor or subcontractor contracting for any part of the contract work shall require any laborer or mechanic employed in the performance of the contract to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to health or safety, as established under construction safety and health standards the Secretary of Labor prescribes by regulation based on proceedings pursuant to section 553 of title 5, provided that the proceedings include a hearing similar in nature to that authorized by section 553 of title 5. HDC.2255 Page 19 of 24 4.3.5. Subcontracts. The Contractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 4.4. Clean Air Act and the Federal Water Pollution Control Act 4.4.1. Clean Air Act. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq. 4.4.1.1. The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 4.4.1.2. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 4.4.2. Federal Water Pollution Control Act 4.4.2.1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 4.4.2.2. The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 4.4.2.3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 4.5. Debarment and Suspension 4.5.1. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 4.5.2. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. HDC.2255 Page 20 of 24 4.5.3. This certification is a material representation of fact relied upon by Contractor. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to Clark County Public Health, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 4.5.4. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 4.6. Byrd Anti-Lobbying Certification 4.6.1. Contractor certifies, to the best of his or her knowledge and belief, that no Federal appropriated funds have been paid or will be paid, by or on behalf of Contractor to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 4.6.2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, Contractor shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 4.6.3. Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 4.6.4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 4.7. Procurement of Recovered Materials 4.7.1. Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a HDC.2255 Page 21 of 24 satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 4.7.2. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired— 4.7.2.1. Competitively within a timeframe providing for compliance with the contract performance schedule 4.7.2.2. Meeting contract performance requirements; or 4.7.2.3. At a reasonable price. 4.7.3. Information about this requirement, along with the list of EPA- designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. 4.8. Access to Record 4.8.1. The contractor agrees to provide Clark County Public Health, any federal Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 4.8.2. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 4.8.3. The contractor agrees to provide any federal Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 4.9. Federal Seal, Logo, and Flags 4.9.1. The contractor shall not use federal seal(s), logos, crests, or reproductions of flags or likenesses of federal agency officials without specific pre-approval. 4.10. Compliance with Federal Law, Regulations, and Executive Orders 4.10.1. This is an acknowledgement that federal financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, policies, procedures, and directives. 4.11. No Obligation by Federal Government https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program HDC.2255 Page 22 of 24 4.11.1. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 4.12. Program Fraud and False or Fraudulent Statements or Related Acts 4.12.1. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract. 4.13. Rights to Inventions Made Under a Contract or Agreement 4.13.1. When applicable, the contractor must comply with 37 CFR Part 401 - RIGHTS TO INVENTIONS MADE BY NONPROFIT ORGANIZATIONS AND SMALL BUSINESS FIRMS UNDER GOVERNMENT GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS. 5. Federal Acquisition Regulation/E-Verify. Applicable for contracts that are $25,000 or more. 5.1. Contractor shall enter into a Memorandum of Understanding (MOU) with the Department of Homeland Security (DHS) agreeing to participate in the E-Verify Program. The Contractor shall submit a copy of the MOU to the County prior to starting work under this contract and shall verify employment eligibility using the E- Verify website throughout the term of this contract. 5.2. If the Contractor has a subcontract in an amount equal to or greater than $25,000 working in support of this contract, the Contractor is responsible for ensuring the subcontractor provide a DHS MOU or proof of pending application within 30 days after this contract start date. 5.3. Employment eligibility searches must be conducted by the Contractor and its covered subcontractors prior to making offers of employment. Evidence of search results must be maintained in each employee’s personnel file. Upon completion of this contract, the Contractor shall provide the County with a written document certifying the authorized employment status of its employees and those of any subcontractors assi