1-RFP264131 Veterinary Services.pdf

Pinal County Office of Budget and Finance Purchasing Division 31 N Pinal Street, Building A Florence, Arizona 85132

REQUEST FOR PROPOSAL #264131

COVER SHEET

Release Date May 14, 2026

Solicitation Number RFP264131

Solicitation Title

Services to be performed for

VETERINARY SERVICES FOR ANIMAL CONTROL

Pinal County – Animal Control

Responses will be received until 2:00 P.M., MST, Thursday, June 4, 2026 Electronically through the Bonfire Purchasing System

For additional information please contact Eric Zander Email: eric.zander@pinal.gov 520-866-6008

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

The undersigned hereby affirms that (1) he/she is a duly authorized agent of the vendor, (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 vendor in accordance with any terms and conditions set forth in this document, and (4) that the vendor 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 manual signature of an authorized agent of the Vendor 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: __________________________________________________

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Authorized Representative’s Signature: __________________________________________________ Date: _____________________

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REQUEST FOR PROPOSAL #264131

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

Vendor Information Page 23

Proprietary / Confidentiality Statement Page 28

No Bid Statement Page 29

Submission Form Page 30

Exhibit 1 – Exceptions Form Page 31

Exhibit 2 – Lobbying Certification Page 32

Exhibit 3 – Non-Collusion Affidavit Page 33

Exhibit 4 – Minimum Insurance Requirements Certification Page 34

Insurance Requirements Page 36

Reference and Instructions Regarding Attachment A, Agreement Page 37

Substitute W9 Form Page 38

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EXECUTIVE SUMMARY

OFFICIAL SOLICITATION DOCUMENTS: Pinal County officially distributes solicitation documents through the Bonfire Purchasing System and notification through the local newspaper. Copies of solicitations obtained from any other source are not considered official copies. Only those Vendors 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 Vendor(s) that will provide prompt and efficient service to the County for Veterinary Services. 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 Vendor(s) at other locations within Pinal County. This option, if exercised, is the prerogative of the County and shall be honored by the Vendor(s) throughout the contract period. No guarantees are made that additional services will be requested.

TERM OF CONTRACT: The awarded contract shall commence on June 17, 2026 and shall remain in effect through June 16, 2027.

OPTION TO RENEW FOR SUBSEQUENT YEARS (WITH PRICE ADJUSTMENT): The prices or discounts quoted in this Solicitation shall prevail during the specified term of the contract, at which time the County shall have the option to renew the contract for four additional one-year periods. Continuation of the contract beyond the initial period is a County prerogative and not a right of the Vendor and will be exercised only when such continuation is clearly in the best interest of the County. During the option period, the County will consider an adjustment to the pricing structure if the manufacturer or supplier notifies the Vendor of a price adjustment. It shall be understood that such price adjustments shall not exceed the amount passed on to the Vendor/supplier by the manufacturer.

The Vendor shall notify the County of such adjustments during the option period at least ninety calendar days prior to the end of the then current contract year and must include detailed justification for the requested adjustment.

The County reserves the right to reject any price adjustments submitted by the Vendor and/or to terminate the contract with the Vendor based on such price adjustments.

The County may consider an adjustment to the pricing structure outside of the option period if such adjustment would be detrimental to the Vendor. The Vendor 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 Vendor and/or to terminate the contract with the Vendor 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 Vendor written notice of such non-appropriation.

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SCHEDULE OF ACTIVITIES: The following activities and dates tentatively outline the process to be used to solicit Vendor responses and to review each Vendor Response.

May 14, 2026 Release Request for Proposal May 22, 2026 @ 2:00 p.m. Deadline for Submitting Questions June 11, 2026 @ 2:00 p.m. Response Submission Deadline June 2026 Issue Notice of Intent to Award June 17, 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 Riley Brimhall, Procurement Officer, Purchasing Division, Pinal County. The Vendor 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.

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SPECIFICATIONS

1. SPECIFICATIONS

The County seeks to enter an as necessary, as required contract with qualified Veterinarian(s) to provide Pinal County with veterinary services utilized by Pinal County Animal Care & Control in locations throughout Pinal County.

A. Background

a. The Pinal County Animal Care & Control (PCACC) department manages the County’s companion animal population, enforces rabies prevention/intervention regulations, and enforces the provisions of the Animal Control Ordinance. PCACC also humanely houses and cares for stray animals including unwanted, abandoned or abused pets, and places these animals in new homes through the adoption process.

B. Objective

a. To have Veterinarians on contract to assist the needs of the animal population that is maintained by Pinal County’s Animal Control department.

i. Provide public vaccination clinics to Pinal County Citizens.

ii. Provide public veterinary services to Pinal County Citizens.

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 Vendor 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.

• Veterinary License, provide a current copy(ies) of Arizona Licensure issued by the Arizona State Veterinary Medical Examining Board

• Vendor Information Form

• Proprietary / Confidential Statement

• Exhibit 1 – Exception Form

• Exhibit 2 – Lobbying Certification

• Exhibit 3 – Non-Collusion Affidavit

• Exhibit 4 – Minimum Insurance Requirements

3. SCOPE OF WORK

Vendor Responsibilities:

A. Examine, evaluate, diagnose, treat, and provide the necessary veterinary and health care services to the animal population as needed by PCACC including prescribing, dispensing, and administering prescription medications as needed.

a. Provide surgical services and appropriate follow-up services as needed.

b. Provide vaccinations including but not limited to DAPP, Rabies, Lyme, and Bordetella.

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B. Emergency Services

a. Provide basic head-to-toe physicals for injured or seized animals brought in by Pinal County Animal

Control Officers.

i. This includes, but is not limited to, blood tests, fecal parasite exams, x-rays, surgeries, medication necessary for the animal’s health and safety, and other tests, as reasonable and necessary.

b. Provide emergency veterinary telephonic consultations to Pinal County Animal Control Officers (preferably 24 hours a day, 7 days a week (24/7).

c. Provide all necessary minor surgery and suturing at the veterinary clinic or Pinal County’s Animal Control facility located at 1150 11 Mile Corner, Casa Grande, AZ 85194.

d. Perform all major surgery at the veterinary clinic, Pinal County’s Animal Control facility located at 1150 11 Mile Corner, Casa Grande, AZ 85194.

e. Assist in planning for the surgery to be performed at another facility that meets the minimum veterinary industry standards. Animal Control Staff will be responsible for the transportation of animal(s) to and from the clinic(s) or surgical center(s).

C. Mandatory Offeror Qualifications

a. Ability to prescribe and dispense prescription and non-prescription medications.

b. Public Premise license for services provided to Pinal County citizens.

D. Service Requirements

a. Maintain a complete veterinary history of animal(s) including any and all treatments, evaluations, and prescriptions. Veterinary records will remain with the respective veterinary office but shall be accessible on request by the Pinal County Animal Care & Control.

b. Provide any and all billing, invoice(s), and/or statement(s) at the time veterinary services are rendered.

c. Five (5) years or more experience as a High-Quality, High-Volume Spay/Neuter Doctor of Veterinary Medicine.

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.

• Previous Experience o Surgical/Physical Exam Efficiency o Surgical Experience o Provide documentation of a minimum of five (5) years of experience with High Quality, High

Volume Spay/Neuter experience, if applicable

• Proposed Solution o Mandatory requirements met

• Cost Proposal o Points awarded per service offeror completes on the cost sheet. Offeror is not required to provide all service listed on cost sheet.

• References o Provide 3-5 letters of reference from other Animal Control Clinics, preferably one being from a government entity

5. RESPONSE FORMAT

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

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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 Vendor’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 Vendor 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 Vendors 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 RFP264131 will take place VIA GOOGLE MEET on June 4, 2026 @ 2:00PM utilizing the call-in information below:

Google Meet joining info Video call link: https://meet.google.com/ood-knjn-zfp Or dial: 3255-941-(US) +1 203 PIN: 746 607 665# More phone numbers: https://tel.meet/ood-knjn-zfp?pin=8246986263816

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

To enable the County to conduct a uniform review of the information submitted in response to this Solicitation, Vendors 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.

https://tel.meet/ood-knjn-zfp?pin=8246986263816

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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

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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 Vendors who receive the highest score when the Responses submitted by interested Vendors 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 Vendors. Evaluation will be based on the following criteria listed in no particular order: The total number of points allowable under this evaluation is 100 points.:

• Previous Experience o Surgical/Physical Exam Efficiency o Surgical Experience o Provide documentation showing a minimum of five (5) years of experience with High

Quality, High Volume Spay/Neuter experience, if applicable

• Proposed Solution o Mandatory requirements met

• Cost Proposal o Points awarded per service offeror completes on the cost sheet. Offeror is not required to provide all service listed on cost sheet.

• References o Provide 3-5 letters of reference from other Animal Control Clinics, preferably one of which is from a government entity

In the second phase, the Purchasing Division may invite a limited number of Vendors who received the highest scores during phase one to provide a demonstration and discussion. The number of Vendors 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 demonstration and discussion may be added to the score from the written Response or may be the sole determination score to determine the awarded Vendor, whichever is in the best interest of the County.

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 Vendor, risk and incentives.

The County reserves the right to conduct negotiations with Vendors 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 Vendors. 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 Vendors 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 Vendor of such and will specify the deadline for providing the demonstration. The County reserves the right to establish its own procedures for evaluating the Vendors' competencies and abilities. On the basis of these evaluation criteria, the County shall be the sole judge of the abilities of each Vendor in conformance with standards established in the Specifications and its decision shall be final.

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3. POST INTENT TO AWARD MEETING: The Vendor 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. MULTIPLE VENDOR AWARD: It is the County’s intent to award one or more contracts that are deemed to be in the best interest of Pinal County for the Veterinary Services. The County shall select those Vendors deemed to be most highly qualified to perform the required professional services after considering, and based upon, such factors as the ability of professional personnel, past performance, willingness to meet time and budget requirements, as well as current and projected workloads.

5. 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.

6. PROOF OF REGISTRATION WITH THE ARIZONA CORPORATION COMMISSION: Successful vendors 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.

7. LOBBYING PROHIBITED: Vendors 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. Vendors 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 Vendor’s immediate disqualification from the selection process.

Vendor warrants that it will not engage in lobbying activities as defined in 40 CFR part 34 and A.R.S. § 41-1231, et seq., using monies awarded under the contract. Upon award of the Contract, Vendor shall disclose all lobbying activities to the County to the extent they are an actual or potential conflict of interest or where such activities would create an appearance of impropriety. Vendor shall implement and maintain adequate controls to assure that monies awarded under the contract are not used for lobbying. Subcontractors shall be subject to these same provisions. Vendor shall include “anti-lobbying” provisions in all subcontracts. This paragraph does not apply to the extent that the services are defined in the contract as being lobbying for the County’s benefit or on the County’s behalf.

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

9. 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 Vendor complies with this provision shall be submitted to the County. If written certification has been submitted, and the Vendor 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.

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10. E-VERIFY REQUIREMENTS: As required by A.R.S. § 41-4401, Vendor and each subcontractor warrants compliance with A.R.S. § 23-214(A) and all federal immigration laws and any regulations relating to the immigration status of their employees. Vendor and each subcontractor acknowledge that under A.R.S. § 41- 4401, the County retains the legal right to inspect the papers of any Vendor or subcontractor employee who works under the contract to ensure that Vendor or subcontractor is in compliance with the foregoing warranty and understands that a breach of the foregoing warranty under shall be deemed a material breach of the contract that is subject to penalties up to and including termination of the contract.

11. 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 Vendor 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.

12. LOCAL OFFICE SHALL BE REQUIRED: Due to the service level required in conjunction with this Solicitation, the Vendor shall maintain an office within 150 miles of Pinal County, Arizona.

13. ELIGIBILITY OF VENDORS - MUST BE ENGAGED IN PERFORMING SERVICES RENDERED: Pre-award inspection of the Vendor's facility may be made prior to award of the contract. Solicitations will only be considered from firms which are engaged in the business of performing services as described in this Solicitation.

The Vendors must be able to produce evidence that they have an established satisfactory record of performance for a reasonable period of time 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 Vendor 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 Vendor, including past performance and experience with the County) in making the award in the best interest of the County.

14. 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 vendor.

15. CURRENT PERMITS REQUIRED: Vendor must obtain and pay for all required permits, licenses, inspection fees, etc., and will comply with all laws, ordinances, and regulations regarding veterinary services. Damages, penalties and/or fines imposed by the County on the Vendor for failure to obtain required permits, licenses or fees shall be borne by the Vendor. Vendor shall enclose a current copy of their permits, licenses, and inspection certificates with their Response.

16. LABOR, MATERIALS AND EQUIPMENT TO BE SUPPLIED BY THE VENDOR: Unless otherwise provided in this Solicitation, the Vendor shall furnish all labor, materials, and equipment necessary for satisfactory contract performance. When not specifically identified in this Solicitation, such materials and equipment shall be of a suitable type and grade for the intended purpose. All materials, workmanship, and equipment shall be subject to the inspection and approval of the County's Project Manager.

17. DEFICIENCIES IN WORK TO BE CORRECTED BY VENDOR: The successful Vendor 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 Vendor by the County's Project Manager. The Vendor shall bear all costs of correcting such rejected services. If the

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Vendor fails to correct the service within the period specified in this Solicitation, the County reserves the right to place the Vendor in default of its contractual obligations, obtain the services of another vendor and charge the Vendor for these costs, either through a deduction from the final payment over to the Vendor or through invoicing.

18. ADDITIONAL SERVICES MAY BE PURCHASED DURING CONTRACT PERIOD: Although this Solicitation specifies an exact number of locations where services are 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 Vendor. This option, if exercised, is the prerogative of the County and shall be honored by the Vendor as a condition of contract award.

19. METHOD OF PAYMENT - LUMP SUM PAYMENT AFTER WORK IS COMPLETED: Upon completion and acceptance of the work required in conjunction with this Solicitation, the successful Vendor shall submit one lump sum invoice to Pinal County, Project Manager. The invoice shall reflect the total value of the contract and shall reference the appropriate Purchase Order number, the address of the workplace, and all itemized material and labor costs, if applicable. The date of the invoice shall not exceed thirty (30) calendar days from the date that the work was completed and accepted. Under no circumstances shall the invoice be submitted to the County in advance of such completion and acceptance.

20. ACCIDENT PREVENTION: The Vendor shall be required to take safety precautions in an effort to protect persons and County property. All Vendors and sub-contractors shall conform to all OSHA, State and County regulations while performing under the terms and conditions of the awarded contract. Any fines levied by the above-mentioned authorities because of inadequate compliance with these requirements shall be borne solely by the Vendor which is responsible for same. Barricades shall be provided by the Vendor when work is performed in areas traversed by persons or when deemed necessary by the County’s Project Manager.

21. INDEMNIFICATION: Indemnification – General. The Vendor 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 Vendor, its employees, agents or subconsultants, or others for whom the Vendor is legally liable, under this Agreement; provided, however, that the Vendor need not indemnify or save harmless the County Board of County 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 Vendor or any other person or entity whatsoever, for any purpose whatsoever.

Indemnification for Professional Services. The Vendor 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 Vendor, its employees, agents or subconsultants, or others for whom the Vendor is legally liable, in the performance of professional services under this Agreement. The Vendor 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 Vendor 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 Vendor

Request for Proposal #264131 Page 13 of 41 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 Vendor 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 Vendor 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.

23. FEDERAL STANDARDS COMPLIANCE: All services to be purchased in conjunction with this Solicitation shall be in accordance with all governmental standards to include, but not be limited to, those issued by the Office of Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA).

24. VARIATIONS ALLOWED IF INDICATED: For purposes of Response evaluation, Vendors 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 Vendor'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.

25. 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, vendors, 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.

26. 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 Vendor. 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 Vendor as a result of this Solicitation.

27. 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 Vendor. 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. Vendor 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).

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28. 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 vendor. 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 Vendor’s Response shall be identified as such. Should the County receive a request for the release of any information in the Vendor’s Response identified as confidential in accordance with the open records law, the County will notify the Vendor of the request and will exercise best efforts in assisting the Vendor 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.

29. 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 vendor 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.

30. DEBARMENT: By submitting this Response, the Vendor warrants and certifies that they are eligible to submit a Response because they are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in a transaction by any Federal, State, or local department or agency.

31. LOGOS: The County logo is trademarked and property solely of Pinal County. Vendors 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 Vendor does not utilize its trademark so as to not influence an evaluator’s evaluation.

32. BUDGET: Budget will not be disclosed.

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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 "Vendors") 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. Vendors are required to submit their Offers in accordance with the following expressed conditions:

2.1.1 Vendors 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 Vendor 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 Vendor.

2.1.2 Vendors 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 Vendors 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 Vendor’s Offer, it shall be construed that the Vendor’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

Vendors 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 Vendor 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. Vendors 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 Vendor claiming an exemption must identify the specific provision of the Public Records Law that provides an exemption from disclosure for each item that the Vendor claims is not subject to disclosure and must submit an additional original copy of the Response with each exempt item clearly redacted. Any Vendor claiming an exemption must also state in its Response that the Vendor agrees to defend, indemnify, and hold harmless the County and its officers and employees from any action brought against the

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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 Vendor 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 Vendor contemplating the submission of an Offer under this Solicitation is in doubt as to the true meaning of the specifications, the Vendor must submit a written request for clarification to the County's Purchasing Manager or their designee as outlined on the Cover Sheet. The Vendor 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). Vendors 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 Vendor shall certify its acknowledgment of the addendum by signing the addendum and returning it with its Offer. In the event of conflict with the original contract documents, addenda shall govern all other contract documents to the extent specified. Subsequent addenda shall govern over prior addenda only to the extent specified.

2.3 Prices Contained in Offer-Discounts, Taxes, Collusion

2.3.1 Vendors may offer a cash discount for prompt payment. Discounts may be considered in determining the lowest net cost for the evaluation of Offers; discounts for periods of less…