Pinal County Office of Budget and Finance Purchasing Division

31 N Pinal Street, Building A Florence, Arizona 85132

REQUEST FOR PROPOSAL #264431RFP

COVER SHEET

Release Date

January 8, 2026

Solicitation Number

264431RFP

Solicitation Title

Services to be performed for

OPEN SPACE, TRAILS AND REGIONAL PARKS

FEE STUDY

Pinal County – Open Space, Trails and Regional Parks

Responses will be received until 2:00 P.M., MST, Thursday, February 5, 2026 Electronically through the Bonfire Purchasing System

For additional information please contact Eric Zander, Procurement Officer Email: Eric.Zander@pinal.gov 520-866-6644

Documents included in this package Request for Proposal Cover Sheet General Terms and Conditions Special Terms and Conditions Scope of Work Response Submittal Requirements Attachments

The undersigned hereby affirms that (1) he/she is a duly authorized agent of the Consultant, (2) he/she has read all terms and conditions and technical specifications which were made available in conjunction with this solicitation and fully understands and accepts them unless specific variations have been expressly listed in his/her offer, (3) that the offer is being submitted on behalf of the Consultant in accordance with any terms and conditions set forth in this document, and (4) that the Consultant will accept any awards made to it as a result of the offer submitted herein for a minimum of one-hundred eighty (180) calendar days following the date of submission. Offers must contain, in blue ink, a physical signature of an authorized agent of the Consultant or a verifiable electronic time and date stamped signature in the space provided on all appropriate signature lines in this solicitation. Typed names as signatures are not allowed.

PRINT OR TYPE YOUR INFORMATION

Company Name: _______________________________________ Fax: __________________________________________________

Address: ______________________________________________ City/State/Zip: __________________________________________

Contact Person: ________________________________________ Title: __________________________________________________

Email: ________________________________________________ Phone: ________________________________________________

Authorized Representative’s Signature: __________________________________________________ Date: _____________________

Printed Name: _________________________________________ Title: _________________________________________________

Email: ________________________________________________ Phone: ________________________________________________ mailto:Eric.Zander@pinal.gov

TABLE OF CONTENTS

Cover Sheet Page 1

Table of Contents Page 2

Executive Summary Page 3

Specifications Page 5

Special Terms and Conditions Page 9

General Terms and Conditions Page 15

Fee Schedule Page 21

Consultant Information Form Page 22

Proprietary / Confidentiality Statement Page 27

No Bid Statement Page 28

Submission Form Page 29

Exhibit 1 – Exceptions Form Page 30

Exhibit 2 – Lobbying Certification Page 31

Exhibit 3 – Non-Collusion Affidavit Page 32

Exhibit 4 – Minimum Insurance Requirements Certification Page 33

Attachment A, Insurance Requirements Page 35

Reference and Instructions Regarding Attachment B, Agreement Page 36

Substitute W9 Form Page 37

EXECUTIVE SUMMARY

OFFICIAL SOLICITATION DOCUMENTS: Pinal County officially distributes solicitation documents through the

Bonfire Purchasing System. Copies of solicitations obtained from any other source are not considered official copies. Only those Consultants who obtain solicitation documents from the Bonfire Purchasing System website will be in receipt of officially posted and relevant information regarding solicitations issued by Pinal County. The County cannot be held responsible for incorrect information, nor can it attest to the accuracy of information found on websites other than the Bonfire Purchasing System.

PURPOSE OF SOLICITATION: Pinal County is issuing this Solicitation for the purpose of entering into a contract for services as specified herein from a Consultant(s) that will provide prompt and efficient service to the county for the Open Space, Trails and Regional Parks Fee Study. Although this solicitation specifies an exact location and timeline for these services to be completed, it is understood and agreed that the County may, during the term of the contract, request additional services be performed by the successful Consultant(s) at other locations within Pinal County. This option, if exercised, is the prerogative of the County and shall be honored by the Consultant(s) throughout the contract period. No guarantees are made that additional services will be requested.

TERM OF CONTRACT: The awarded contract shall commence on April 1, 2026 and shall remain in effect through

March 31, 2027.

OPTION TO RENEW FOR FOUR SUBSEQUENT YEARS (MAINTAINING SAME PRICES): The prices or discounts quoted in this Solicitation shall prevail for term of the contract, at which time the County shall have the option to renew the contract for four additional one-year periods, provided, however, that the Consultant will maintain the same prices or discounts that were awarded during the initial contract. Continuation of the contract beyond the initial period is a County prerogative and not a right of the Consultant. This prerogative will be exercised only when such continuation is clearly in the best interest of the County.

The County may consider an adjustment to the pricing structure outside of the option period, if such adjustment would be detrimental to the Consultant. The Consultant shall submit an immediate request for such an adjustment in writing to the Purchasing Division and must include detailed justification for the requested adjustment outside of the option period. This consideration is a County prerogative and there is no guarantee that the request will be accepted outside of the option period. The County reserves the right to accept, reject or negotiate any price adjustments submitted by the Consultant and/or to terminate the contract with the Consultant based on such price adjustments.

NON-APPROPRIATION. Pursuant to A.R.S. §35-190, as amended, the financial obligations of the County as set forth herein after the current fiscal year are contingent upon funds for the purpose being appropriated, budgeted and otherwise available. The awarded agreement will automatically terminate on July 1st of the first fiscal year for which funds are not appropriated. The County shall give the Consultant written notice of such non-appropriation.

SCHEDULE OF ACTIVITIES: The following activities and dates tentatively outline the process to be used to solicit

Consultant responses and to review each Consultant Response.

January 8, 2026 Release Request for Proposal January 21, 2026 @ 1:00 p.m. Deadline for Submitting Questions

February 5, 2026 @ 2:00 p.m. Response Submission Deadline

March 2026 Issue Notice of Intent to Award

April 1, 2026 (estimated) Contract Award

IDENTIFICATION OF TAXES IN OFFER: The County is subject to Arizona Transaction Privilege Tax (TPT) and local sales/use taxes, as set forth in the contract terms and conditions. Taxes shall be identified as separate items by amount or by rate, as applicable, in the offer.

EXCISE TAX: The County is exempt from certain federal excise tax on manufactured goods. The County will provide the necessary exemption certificates as evidence.

RESPONSE TO QUESTIONS: Questions which arise during the Response preparation period regarding issues around this Solicitation, purchasing and/or award should be directed electronically, via the Bonfire Purchasing

System, to Eric Zander, Procurement Officer, Purchasing Division, Pinal County. The Consultant submitting the question(s) shall be responsible for ensuring that the question(s) is received by the date and time listed above in the schedule of activities for submitting the question(s).

Any official interpretation of this Solicitation must be made by an agent of the County’s Purchasing Division who is authorized to act on behalf of the County. The County shall not be responsible for interpretations offered by employees of the County who are not agents of the County’s Purchasing Division.

ACCESS TO SOLICITATION: To access the project solicitation in the Bonfire portal, please follow this link:

https://pinalcountyaz.bonfirehub.com/projectDrafts/203620/details

REMAINDER OF PAGE LEFT INTENTIONALLY BLANK

https://pinalcountyaz.bonfirehub.com/projectDrafts/203620/details

SPECIFICATIONS

1. SPECIFICATIONS

Pinal County is soliciting responses from qualified Consultants to assist in providing an update to the Pinal

County Open Space, Trails and Regional Parks Fee Schedule. The current Fee Schedule was approved several years ago and the services of the Open Space, Trail and Regional Parks (OSTRP) Department has expanded, with more updates on the horizon.

The Open Space, Trails and Regional Parks Department is responsible for the operation of a variety of public facilities including community parks, regional parks, trails, and trailheads. These facilities provide services to the public including meeting rooms, picnic ramadas, ballfields, and tent campsites that are able to be reserved for a fee as well as the County charges a fee for entry to Peralta Regional Park. In addition to reviewing these current fees, the Department intends to add new programming and services that will charge fees, including RV camping, annual day-use passes, commercial use fees, and special event fees.

The goal of this project is to have an updated OSTRP Department fee schedule in place by the end of 2026.

The County’s goal is to benchmark other agencies, analyze existing and proposed park and facility costs and revenues, analyze local needs and demographics, conduct a feasibility study on adding a system-wide annual pass, develop site-specific 5-year pro forma, and provide recommendations to staff for possible new fees.

It is expected that the Consultant and their team members will have significant experience with this type of project. It is expected that the individuals overseeing and managing this project are licensed professionals.

The successful Consultant shall be considered and shall remain an independent contractor throughout the term of any contract awarded pursuant to this Solicitation.

The successful Consultant shall be solely responsible for scheduling and coordinating work of any sub-contractors and other individuals or entities performing or furnishing any of the work under direct or indirect contract with the successful Consultant.

The successful Consultant shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, fuel, temporary facilities, and all other facilities and incidentals necessary for performance, start up, and completion of the services outlined in this Solicitation.

Although this Solicitation specifies exact services, it is understood and agreed that the County may, during the term of the contract, request additional services from the successful Consultant. This option, if exercised, is the prerogative of the County and shall be honored by the Consultant throughout the contract period. No guarantees are made additional services will be requested.

2. REQUIRED DOCUMENTATION

Failure to provide required information may deem your submittal non-responsive. Submittals must contain, in blue ink, a manual signature of an authorized agent of the Consultant or a verifiable electronic time and date stamped signature in the space provided on all appropriate signature lines in this solicitation. Typed names as signatures are not allowed.

Consultant Information Form

Certificate of Good Standing from the Arizona Corporate Commission Office

Proprietary / Confidential Statement

Sub-contractor List, if applicable

Exhibit 1 – Exception Form

Exhibit 2 – Lobbying Certification

Exhibit 3 – Non-Collusion Affidavit

Exhibit 4 – Minimum Insurance Requirements

3. SCOPE OF WORK

The following tasks are outlined for your guidance for this project and should be taken into consideration when providing your proposal and timeline.

Task 1:

Strategic Kick-Off Meeting – Meet with County staff to determine key issues and critical success factors.

Develop project schedule and submit to staff.

Task 2:

Obtain Department financial information related to existing and proposed sites.

Research/Collect Current Dept. data points: Use, Fees, Facility Info, & Financials.

Task 3:

Based on the results of Task 2, prepare a model with varying percentages of cost recovery, including how costs will change based on usage (e.g., what costs are fixed, and what will likely increase/decrease with use).

Prepare initial fee estimates with a minimum of 3 alternative cost recovery percentages. (This discussion should also include how visitation could be affected based on the cost recovery model used).

Research relevant fees of other Counties and prepare a matrix with those fees compared to the anticipated fee categories in attachment #1. This research should include, at a minimum, Maricopa

County, Pima County, and Arizona State Parks.

Prepare annual and 5-year pro forma for Peralta and Palo Verde Regional Parks.

Prepare initial draft Report. The draft should include existing fee items and any new possible fee items based on comparisons to other jurisdictions and department needs.

Task 4:

Meet with County staff to discuss the draft report, cost recovery rates, and comparisons.

Task 5

Make edits to the draft report as necessary based on staff feedback

Finalize draft report.

Be available to support County staff with technical expertise when presenting the draft to the Open

Space and Trails Advisory Commission. This group meets quarterly and may hold the meetings virtually.

Be available to support staff with technical expertise when staff presents the draft report to the Board of Supervisors.

Task 6

Make necessary edits based on feedback from the OS&T Commission and the Pinal County Board of

Supervisors (Board of Supervisors) and prepare a final report.

4. EVALUATION CRITERIA

The evaluation committee will score Responses based on the following criteria not listed in any order of importance. The total number of points allowable under this evaluation is 100 points.

Qualifications, education, and a minimum of five (5) years of experience of each key personnel and support staff with conducting fee analysis’s for county parks and trails programs.

Firm’s relevant experience, minimum of five (5) years of experience, with projects that include cost and revenue analysis and preparation of fee schedules for county park and trail programs. Provide three

(3) sample projects from other government agencies.

Demonstrated knowledge of current trends and best practices related to revenue generation for county park and trail systems.

Local knowledge of the firm and key personnel of the outdoor recreational resources of Pinal County and/or south central Arizona.

Explanation of how your firm handles private sector and public sector contracts to avoid potential conflicts of interest.

5. RESPONSE FORMAT

Failure to respond in the required format or failure to provide required information may deem your submittal non-responsive.

To facilitate an effective evaluation process, responses must be submitted on 8.5” x 11” paper, with a minimum font size of 10, and all pages should be numbered in the following manner: page __ of __ pages with a maximum of seventy-five (75) pages. All acronyms in the response must be defined.

Attachments/Exhibits included in this solicitation that require signature and/or are a required document to be returned with your Responses shall be included as an exhibit to your Responses and will not be included in the

75-page limit. Schedules, if applicable, may be submitted on 11" x 17" sheets and are counted as one page

(limit of five pages).

Submittals should be prepared concisely and provide a straightforward description of the Consultant’s ability to perform the requirements of this Solicitation.

ELECTRONIC SUBMISSION OF OFFERS: Pinal County will only accept electronic bid Responses submitted through the Bonfire Purchasing System. A Submittal Log will be posted after the County has had an opportunity to review and verify the submittals offered to the County.

The original Offer must be received before the due date and time through an electronic package transmitted through the Bonfire Purchasing System. The Consultant is responsible for ensuring its Response is posted in its entirety by the due date and time outlined in the solicitation document. No allowances will be provided to those Consultants whose submittal is not uploaded prior to the due date and time outlined in the solicitation.

If the submittal arrives late and/or is not uploaded in its entirety, it will not be included in the electronic lockbox.

The Solicitation Opening for 264431RFP will take place VIA GOOGLE MEET on February 5, 2026 @ 2:00PM utilizing the call-in information below:

Thursday, February 5, 2026 · 2:00 – 2:30pm

Time zone: America/Phoenix

Google Meet joining info

Video call link: https://meet.google.com/gjx-rjmu-apo

Or dial: 2416-327-(US) +1 413 PIN: 635 386 008#

More phone numbers: https://tel.meet/gjx-rjmu-apo?pin=2149575747280

Proposers are NOT required to participate. No in person entry to our building will be permitted.

https://tel.meet/gjx-rjmu-apo?pin=2149575747280

To enable the County to conduct a uniform review of the information submitted in response to this Solicitation, Consultants must address the following information, numbered to directly correspond with the number of the

Table of Contents section of the submitted Response. The County reserves the right to reject submittals that do not follow the required format. Include concise, complete information which will demonstrate that your firm is uniquely qualified to provide the products and services specified in this Solicitation.

ALL signatures on required documents must be in blue ink or a verifiable electronic time and date stamped signature in ONE (1) PDF document.

A. Provide response without reference to Pinal County logo or company logo in one PDF document

B. Submit response in a format that follows a clearly outlined Table of Contents that identifies all material and attachments that comprise your response by section and by page number. I.e. – Required

Documentation section, Evaluation Criteria section, etc. as outlined on the Response Submittal

Requirements page

C. One-page Cover Letter. Submit a Cover Letter on official business letterhead that:

a. Affirms your willingness to comply with all work requirements and other terms and conditions as specified in this Solicitation;

b. Provides, in brief and concise terms, a summation of your submittal and identifies the points that make your firm uniquely qualified for this project; and

c. Is signed by an Authorized Representative of your firm who has the authority to commit to the proposed work.

D. Provide documentation that satisfies the Required Document Requirements

E. Provide documentation that satisfies the criteria to be evaluated

F. Provide the completed and signed Cover Sheet

G. Addendum(s) Acknowledgement, if applicable

H. Submission Form

I. Pricing Form

J. Completed W9

K. Universal Entity Identifier (UEI) Number

L. Additional Attachments, if applicable

SPECIAL TERMS AND CONDITIONS

1. METHOD OF AWARD - BEST EVALUATIVE SCORE BASED ON WRITTEN RESPONSE WITH POSSIBLE

DEMONSTRATION AND DISCUSSION: It is the intent of the County to award this Solicitation to the Consultant who receives the highest score when the Responses submitted by interested Consultants are reviewed by the

County's Response Evaluation Committee. For this Solicitation, the Evaluation Committee may score

Responses in two phases. In the first phase, the Committee will score written Responses by reviewing documentation submitted by the Consultants. Evaluation will be based on the following criteria listed in no order of importance. The total number of points allowable under this evaluation is 100-points:

Key Personnel Experience and Qualifications

Firm’s Relevant Experience

Knowledge of Current Trends and Best Practices

Local Knowledge of the Outdoor Recreational Resources of Pinal County and/ or South Central

Arizona

Conflicts of Interest – Private vs Public

A more detailed description of these criteria can be found on Pages 6-7 of this document.

In the second phase, the Committee may invite a limited number of Consultants who received the highest scores during phase one to provide a demonstration and discussion. The number of Consultants who are invited to participate in this discussion will be determined by the Committee after the written Responses have been scored. The evaluative score from the oral presentation and discussion will be the sole determination score to determine the awarded Consultant.

Evaluation criteria, other than costs, are evaluated first. After rating the technical Responses, costs are then considered against trade-offs such as satisfaction of requirements in the Solicitation, qualifications and financial condition of the Consultant, risk, and incentives.

The County reserves the right to conduct negotiations with Consultants and to accept revisions of Responses.

During this negotiation period, the County will not disclose any information derived from Responses submitted, or from discussions with other Consultants. Once an award is made and the contract is finalized, the Solicitation file and the Responses contained therein are in the public record.

2. SAMPLES OF SERVICE MAY BE REQUIRED DURING EVALUATION: After the Responses are opened by the County, the Consultants may be required to demonstrate their competency and ability to provide the quality of service that will be required by the County during the contract period. Such demonstrations will be provided to the County for evaluation by, and at no cost to, the County. If a demonstration of competency is required, the County will notify the Consultant of such and will specify the deadline for providing the demonstration. The

County reserves the right to establish its own procedures for evaluating the Consultants' competencies and abilities. On the basis of these evaluation criteria, the County shall be the sole judge of the abilities of each

Consultant in conformance with standards established in the Specifications and its decision shall be final.

3. POST INTENT TO AWARD MEETING: The Consultant may be required to attend a post intent to award meeting with the County to discuss the terms and conditions of the contract. This meeting will be coordinated by the Purchasing Division once a Notice of Intent to Award has been issued.

4. ACCESSIBILITY COMPLIANCE: All non-confidential documents that may be subject to public requests under

Title 39 of the Arizona Public Records Law et seq., as amended must comply with the Web Content Accessibility

Guidelines (WCAG) 2.1 and the Americans with Disabilities Act (ADA). Contractors must ensure that their software, products, services, and documents are accessible. Additionally, Contractors should include any

Voluntary Product Accessibility Template (VPAT), Accessibility Conformance Report (ACR), or other

Accessibility Statements relevant to their offerings. Contractors have the option to provide a recording demonstrating conformance, test results, or an agreement to remediate their technology to meet accessibility standards.

5. LIMITED CONTRACT EXTENSION TO COMPLETE WORK: Any specific work assignment which commences prior to the termination date of the awarded contract, and which will extend beyond the termination date shall, unless terminated by mutual agreement by both parties, continue until completion at the same prices, terms, and conditions as set forth herein.

6. QUALIFICATIONS OF CONSULTANT: The County may make such investigations as deemed necessary to determine the ability of the Consultant to perform work, and the Consultant shall furnish all information and data for this purpose as the County requests. Such information includes but not limited to current/maximum bonding capabilities, current licensing information, audited financial statements, history of the firm on assessments of liquidated damages, contracts cancelled prior to completion and/or lawsuits and/or pending lawsuits against the firm and/or its principals. The County reserves the right to reject any Response if the evidence submitted by, or investigation of, such Consultant fails to satisfy the County that such Consultant is properly qualified to carry out the obligations of the Solicitation and to complete the work contemplated therein. Conditional

Responses will not be accepted.

7. VALUE ADDED PROPOSALS ENCOURAGED: Pinal County is interested in maximizing the impact of expenditures as it relates to achieving additional value that would further benefit the County and its operations, as well as its community of citizens and their taxed base funding. As such, Consultants are encouraged to consider, develop, and propose value added concepts, programs, components that would further enhance the services/acquisition represented in this solicitation request. Suggestions for value added components include, but may not be limited to: Incentive and rebate programs, recommendations for enhancements, additional items/ services to be provided to the County, etc.

8. DEBRIEFING: Offeror(s) not selected for award may request a debriefing on the selection process as well as discussion of the strengths and weaknesses of their firm’s proposal upon the Final Notice of Award being posted on the Bonfire Purchasing website.

A debriefing may be scheduled by contacting the Procurement Officer listed on the Cover Sheet of this

Solicitation once the Final Notice of Award has been posted.

9. PROOF OF REGISTRATION WITH THE ARIZONA CORPORATION COMMISSION: Successful Consultants that are corporations or limited liability companies will be required to furnish a Certificate of Good Standing from the Arizona Corporate Commission Office, as proof that they are properly registered to do business in the State of Arizona, prior to finalization of award.

10. LOBBYING PROHIBITED: Consultants are prohibited from directly or indirectly communicating with members of the Board of Supervisors regarding their qualifications or any other matter related to the eventual award of a contract for the goods and/or services requested in this Solicitation. Consultants are prohibited from contacting

County employees or evaluation committee members regarding their qualifications or the award of a contract unless in response to an inquiry from an employee or committee member as part of the formal evaluation process outlined in the Solicitation. Any violation of these provisions will result in the Consultant’s immediate disqualification from the selection process.

11. ISRAEL BOYCOTT PROHIBITED: Pursuant to A.R.S. §35-393.01(A) and to the extent allowable by law, if the

Contractor engages in for-profit activity and has ten (10) or more employees, and if this agreement has a value of $100,000 or more, the Contractor certifies it is not currently engaged in, and agrees for the duration of this agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. §4842 or a regulation issued pursuant to 50 U.S.C. §4842.

12. USE OF FORCED LABOR OF ETHNIC UYGHURS PROHIBITED: Pursuant to A.R.S. §35-394, the use of forced labor, any goods produced by forced labor or contractors or subcontractors that utilize the forced labor of Ethnic Uyghurs in the People’s Republic of China is prohibited. Written certification that the contractor complies with this provision shall be submitted to the County. If written certification has been submitted, and the contractor later determines that it is not in compliance with this provision, it shall notify the County within five (5) business days. If the County does not receive notification that within one hundred and eighty (180) days of finding the violation, the company has remedied the violation of this section, the contract will terminate. If the contract naturally or otherwise terminates before the end of the one hundred and eighty (180) day remedy period, the contract terminates on the contract termination date.

13. CONFLICTS WITHIN THE CONTRACT DOCUMENTS: In the event that conflicts exist within the Contract

Documents, the policies stated in the following paragraphs shall govern: A. Addenda shall supersede all other

Contract Documents to the extent specified. Subsequent addenda shall supersede prior addenda only to the extent specified. B. Drawings and Specifications are intended to agree and be mutually explanatory and shall be accepted and used as a whole and not separately. Should any item be omitted from either the drawings or

Specifications as specified, it shall be implied that such omissions are contained in both the drawings and the

Specifications as necessary for the proper construction of the work herein specified. Should any error or disagreement between the Specifications and drawings exist or appear to exist, the Consultant shall not avail itself of such manifestly unintentional error or omission but must have same explained or adjusted by the

County's project manager before proceeding with the work in question.

14. ELIGIBILITY OF CONSULTANTS AND THE KEY PERSONNEL - MUST BE ENGAGED IN PERFORMING

SERVICES RENDERED: Solicitations will only be considered from firms which are engaged in the business of performing services as described in this Solicitation for a minimum of five (5) years prior to the date of this solicitation. The Consultants must be able to produce evidence that they have an established satisfactory record of performance, that their key personnel have an established satisfactory record of performance, and have sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the services if awarded a contract. The term “equipment and organization” as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practices in the industry and as determined by the proper authorities of the County. The County reserves the right, before awarding the contract, to require a Consultant to submit such evidence of its qualifications as it may deem necessary and may consider any evidence available to it (including, but not limited to, the financial, technical, and other qualifications and abilities of the Consultant, including past performance and experience with the County) in making the award in the best interest of the County.

15. CONSIGNMENT OF CONTRACT NOT ALLOWED: Responses will only be considered from firms which are directly engaged in the business of performing the services described in this Solicitation. Accordingly, no part of this contract can be consigned to another Consultant.

16. SUB-CONTRACTORS OF WORK SHALL BE IDENTIFIED: As part of its Response, the Consultant shall be required to identify any and all sub-contractors that will be used in the performance of the contract resulting from this Solicitation. The Consultant shall also identify the capabilities, experience, and portion of the work to be performed by the sub-contractor(s). The competency of the sub-contractor(s) with respect to skill, responsibility and business standing shall be considered by the County when making the award in the best interest of the County.

17. DEFICIENCIES IN WORK TO BE CORRECTED BY CONSULTANT: The successful Consultant shall promptly correct all deficiencies in service and/or any service that fails to conform to the Contract Documents.

All corrections shall be made immediately after such deficiencies and/or non-conformances are verbally reported to the Consultant by the County's Project Manager. The Consultant shall bear all costs of correcting such rejected services. If the Consultant fails to correct the service within the period specified in this Solicitation, the County reserves the right to place the Consultant in default of its contractual obligations, obtain the services of another Consultant and charge the Consultant for these costs, either through a deduction from the final payment over to the Consultant or through invoicing.

18. ADDITIONAL SERVICES MAY BE PURCHASED DURING CONTRACT PERIOD: Although this Solicitation specifies exact services to be performed for the County, it is understood and agreed that the County may, during the term of the awarded contract, request additional services for the same or other locations from the successful

Consultant. This option, if exercised, is the prerogative of the County and shall be honored by the Consultant as a condition of contract award.

19. METHOD OF PAYMENT - PERIODIC INVOICES FOR COMPLETED SERVICES: The successful Consultant shall submit an invoice to the County's Project Manager after each task is completed. The invoice shall reference the appropriate Purchase Order number, and include a detailed explanation of the work performed in conjunction with the corresponding invoice. The periodic invoices shall not exceed thirty (30) calendar days from the date of the service. Under no circumstances shall the invoices be submitted to the County in advance of the service(s) being performed.

20. INDEMNIFICATION: Indemnification – General. The Consultant shall, to the fullest extent permitted by law, defend, indemnify and hold harmless the County, Board of Supervisors, officials, officers, directors, and employees, from and against all liability, claims, demands, suits, actions or proceedings of any kind that are not the result of or directly related to the performance of professional services, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, which arise out of or are in any manner connected with this Agreement, including workers' compensation claims, in any way resulting from or arising from the services rendered by the Consultant, its employees, agents or subconsultants, or others for whom the Consultant is legally liable, under this Agreement; provided, however, that the Consultant need not indemnify or save harmless the County Board of Supervisors, its officers, agents and employees, from damages resulting from the negligence of the County Board of Supervisors, officials, officers, directors, agents, and their insurers, and employees. The County cannot and by this Agreement does not agree to indemnify, hold harmless, exonerate, or assume the defense of the Consultant or any other person or entity whatsoever, for any purpose whatsoever.

Indemnification for Professional Services. The Consultant shall, to the fullest extent permitted by law, indemnify and hold harmless the County, Board of Supervisors, and any of its officials, officers, directors, agents, and their insurers, and employees, from and against damages, liability, losses, costs and expenses, including reasonable attorney’s fees, but only to the extent caused by or arising out of the negligent acts, errors or omissions of the Consultant, its employees, agents or subconsultants, or others for whom the Consultant is legally liable, in the performance of professional services under this Agreement. The Consultant is not obligated to indemnify or hold harmless the County for the negligent acts of the County, Board of Supervisors, or any of its officials, officers, directors, agents, and employees.

Indemnification – Costs. The Consultant shall, to the extent provided by law, investigate, handle, respond to, and provide defense for and defend against, any such liability, claims or demands at the sole expense of the

Consultant or, at the option of the County, agrees to pay the County or reimburse the County for the defense costs incurred by the County in connection with any such liability, claims or demands. The Consultant shall, to the extent provided by law, bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims or demands alleged are groundless, false, or fraudulent. If it is determined by the final judgment of a court of any competent jurisdiction that such injury, loss or damage was caused in whole or in part by the act, omission or other fault of the County, Board of Supervisors, officials, officers, directors, agents and employees, the County shall reimburse the Consultant for the portion of the judgment attributable to such act, omission or other fault of the County, Board of Supervisors, officials, officers, directors, agents and employees.

21. VARIATIONS MAY BE ALLOWED IF INDICATED: Under A.R.S. §41-2585(B) and for purposes of Response evaluation, Consultants must indicate any variances to the Specifications, terms, and conditions, and attached

Sample Agreement no matter how slight. If variations are not stated in the Consultant's Response, it shall be construed that the Response fully complies with the Specifications, terms, and conditions, and attached Sample

Agreement. Notwithstanding the above, it is hereby agreed and understood that the County reserves the right to reject these variations if they individually, or as a whole, do not meet the standards established in the

Specifications.

22. EQUAL OPPORTUNITY: Pinal County intends and expects that the contracting processes of the County and its Providers provide equal opportunity without regard to gender, race, creed, ethnicity, religion, age, sex, national origin, or disability and that its Providers make available equal opportunities to the extent third parties are engaged to provide goods and services to the County as subcontractors, Consultants, or otherwise.

Accordingly, the Provider shall not discriminate on any of the foregoing grounds in the performance of the contract and shall make available equal opportunities to the extent third parties are engaged to provide goods and services in connection with performance of the contract (joint ventures are encouraged).

Pinal County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C.

§§ 2000d to 2000d-4) and the Regulations, hereby notifies all proposers that it will affirmatively ensure that any contract entered into pursuant to this solicitation, disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this solicitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for award. The Provider shall disseminate information regarding all subcontracting opportunities under this contract in a manner reasonably calculated to reach all qualified potential subcontractors who may be interested. The Provider shall maintain records demonstrating its compliance with this article and shall make such records available to the County upon the County’s request.

23. PURCHASE BY OTHER GOVERNMENTAL AGENCIES: Each governmental unit which avails itself of this

Solicitation will establish its own contract, place its own orders, issue its own purchase orders, be invoiced there from, make its own payments, and issue its own exemption certifications as required by the Consultant. It is understood and agreed that Pinal County is not a legally binding party to any contractual agreement made between any other governmental unit and the Consultant as a result of this Solicitation.

24. COOPERATIVE PURCHASE BY OTHER ARIZONA GOVERNMENTAL AGENCIES: This term shall address those contracts which are under cooperative purchasing agreements with other Arizona government agencies in order to conserve resources, reduce overhead and purchase costs and improve delivery time, i.e.- SAVE, Mojave, etc. The contract resulting from this Solicitation may be extended for use by other municipalities, school districts and government agencies in the State of Arizona with the approval of the Contractor. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The County shall not be responsible for any disputes arising out of transactions made by others. Contractor shall sell to cooperative entity at the same price and on the same lead times and other terms and conditions on which it sells to the

County, with the sole exception of any legitimately additional costs for extraordinary shipping or delivery requirements if the cooperative entity is having materials delivered or installed or services performed at locations not contemplated in the contracted pricing (e.g. delivery at a location outside Arizona).

25. CONFIDENTIALITY: Responses to this Solicitation are considered to be working documents while they are under consideration and, as such, are not subject to official bid openings. The only information released at the public opening of Request for Proposals, Statement of Qualifications or Request for Quotes that are not cost driven, will be the names of the respondents. Only after staff has made an official recommendation of award and a contract is fully executed will Responses to this Solicitation be available as public record.

In consideration of Invitation for Bids or for Request for Quotes that are cost driven, the only information that will be released is the names of the respondents, the total cost of the bids, and the apparent responsible, responsive Consultant. Only after staff makes an official recommendation of award and a contract is fully executed will Responses to this Bid be available as public record.

Responses submitted to the County for consideration shall be subject to the Arizona Public Records Law, after award is made. Any confidential information in the Consultant’s Response shall be identified as such. Should the County receive a request for the release of any information in the Consultant’s Response identified as confidential in accordance with the open records law, the County will notify the Consultant of the request and will exercise best efforts in assisting the Consultant in taking all legally available steps to resist or narrow such request. If, in the opinion of County’s legal counsel, the County is nonetheless compelled to disclose any portion of such information to anyone or else stand liable for contempt or suffer censure or penalty, the County may disclose such information without liability.

26. GRATUITIES AND KICKBACKS: It shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee (within six months of termination from County employment), or for any employee or former employee (within six months of termination from County employment) to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding of application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore.

It shall be a breach of ethical standards for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime Consultant or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. In the event that any gratuities or kickbacks are offered or tendered to any Pinal County employee, the proposal shall be disqualified and shall not be reinstated.

27. BUDGET: The budget for this project is between $15,000 and $30,000. This budget is only an estimate and will be used by the Consultant as a guideline only.

28. DEBARMENT: By submitting this bid/proposal, the bidder/proposer warrants and certifies that he/she is currently in good standing with SAM.gov and is eligible to submit a bid/proposal because he/she is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in a transaction by any Federal, State, or local department.

29. LOGOS: The County logo is trademarked and property solely of Pinal County. Consultants do not have permission to use the County’s logo on any documentation or presentation materials and to do so would be a violation of the County’s trademark. Pinal County prefers Consultant does not utilize its trademark so as to not influence an evaluator’s evaluation.

GENERAL TERMS AND CONDITIONS

1. APPLICABILITY. These General Terms and Conditions apply, but are not limited, to all bids, proposals, qualifications and quotations (hereinafter referred to as “Offers” and/or “Responses”) made to Pinal County

(hereinafter referred to as "County") by all prospective suppliers (herein after referred to as "Consultants") in response, but not limited to, Invitation to Bid, Invitation for Bid, Request for Proposals, Statement for

Qualifications, and Request for Quotations (hereinafter referred to as “Solicitations”).

2. CONTENTS OF OFFER

2.1 General Conditions. Consultants are required to submit their Offers in accordance with the following expressed conditions:

2.1.1 Consultants shall make all investigations necessary to thoroughly inform themselves regarding the plant and facilities affected by the delivery of materials and equipment as required by the conditions of the Solicitation. No plea of ignorance by the Consultant of conditions that exist or that may hereafter exist as a result of failure to fulfill the requirements of the contract documents will be accepted as the basis for varying the requirements or the compensation to the Consultant.

2.1.2 Consultants are advised that all County contracts are subject to all legal requirements contained in the Pinal County Procurement Code, the Purchasing policies and state and federal statutes. When conflicts between the Solicitation and these requirements occur, the highest authority shall prevail.

2.1.3 Consultants are required to state exactly what they intend to furnish to the County via this

Solicitation and must indicate any variances to the terms, conditions, and specifications of this Solicitation, no matter how slight. If variations are not stated in the Consultant’s Offer, it shall be construed that the Consultant’s Offer fully complies with all conditions identified in this Solicitation.

2.1.4 Pinal County intends and expects that the contracting processes of the County and its

Consultants provide equal opportunity without regard to race, color, religion, sex, gender identification, national origin, age, disability, or any other characteristic protected by law.

Accordingly, the Consultant shall not discriminate on any of the foregoing grounds in the performance of the contract.

2.1.5 All Offers and other materials submitted in response to this Solicitation shall become the property of the County and will be a matter of public record. Consultants must identify, in writing, all copyrighted material, trade secrets and/or other proprietary information that it claims are exempt from disclosure under the Public Records Law.

Any Consultant claiming an exemption must identify the specific provision of the Public

Records Law that provides an exemption from disclosure for each item that the Consultant claims is not subject to disclosure and must submit an additional original copy of the

Response with each exempt item clearly redacted. Any Consultant claiming an exemption must also state in its Response that the Consultant agrees to defend, indemnify, and hold harmless the County and its officers and employees from any action brought against the

County for its refusal to disclose any purportedly exempt material, trade secrets and/or other proprietary information to any party making a request therefore.

Any Consultant who fails to include an exemption statement along with the additional redacted copy of the Response shall be deemed to have waived any right to an exemption from disclosure as provided by the Public Records Law.

2.2 Clarification and Modifications in Terms and Conditions

2.2.1 Where there appear to be variances or conflicts between the General Terms and

Conditions, the Special Terms and Conditions, and/or the specifications outlined in this

Solicitation, the specifications shall prevail first and the Special Terms and Conditions shall prevail second.

2.2.2 If any Consultant contemplating the submission of an Offer under this Solicitation is in doubt as to the true meaning of the specifications, the Consultant must submit a written request for clarification to the County's Purchasing Manager or their designee as outlined on the Cover Sheet. The Consultant submitting the request shall be responsible for ensuring that the request is received by the County’s Procurement Officer through the

Bonfire Purchasing System by the date and time listed in the Schedule of Activities for submitting question(s) or as stated in the Special Terms and Conditions.

Any official interpretation of this Solicitation shall be made by the County's Purchasing

Manager or their designee. The County shall not be responsible for interpretations offered by other employees of the County.

The County shall issue a written addendum if substantial changes which impact the technical submission of Offers are required. Addenda will be posted on the Bonfire

Purchasing System web site (https://www.pinalcountyaz.bonfirehub.com). Consultants are responsible for either revisiting this website prior to the due date or contacting the

Purchasing Manager or their designee named on the Cover Sheet of this Solicitation to ensure that they have any addenda which may have been issued after the initial download.

The Consultant shall certify its acknowledgment of the addendum by signing the addendum and returning it with its Offer.