1-RFP265131 Inmate Core Values and Behavior Coaching - Master Solicitation.pdf

Pinal County Office of Budget and Finance Purchasing Division

31 N Pinal Street, Building A Florence, Arizona 85132

REQUEST FOR PROPOSAL #265131

COVER SHEET

Release Date

April 2, 2026

Solicitation Number

RFP265131

Solicitation Title

Services to be performed for

INMATE CORE VALUES AND BEHAVIOR

COACHING

Pinal County Sheriff’s Office

Responses will be received until 2:00 P.M., MST, Thursday, April 30, 2026 Electronically through the Bonfire Purchasing System

For additional information please contact Riley Brimhall 520-866-6008 Riley.Brimhall@pinal.gov

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 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.

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: ________________________________________________

TABLE OF CONTENTS

Cover Sheet Page 1

Table of Contents Page 2

Executive Summary Page 3

Specifications Page 5

Special Terms and Conditions Page 11

General Terms and Conditions Page 19

Fee Schedule Page 25

Consultant Information Page 26

Inquiry Form Page 31

Proprietary / Confidentiality Statement Page 32

No Bid Statement Page 33

Submission Form Page 34

Exhibit 1 – Exceptions Form Page 35

Exhibit 2 – Lobbying Certification Page 36

Exhibit 3 – Non-Collusion Affidavit Page 37

Exhibit 4 – Minimum Insurance Requirements Certification Page 38

Insurance Requirements Page 40

Exhibit 5 – Debarment Certification Page 41

Reference and Instructions Regarding Attachment A, Agreement Page 42

Substitute W9 Form Page 43

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EXECUTIVE SUMMARY

OFFICIAL SOLICITATION DOCUMENTS: Pinal County officially distributes solicitation documents through the Bonfire Purchasing System and through the local newspaper. 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 Inmate Core Values and Behavior Coaching. 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 June 3, 2026 and shall remain in effect through June 2, 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 Consultant and will be exercised only when such continuation is clearly in the best interest of the County. The Consultant 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 Consultant and/or to terminate the contract with the Consultant 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 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.

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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.

April 2, 2026 Release Request for Proposal April 16, 2026 @ 3:00 p.m. Deadline for Submitting Questions

April 30, 2026 @ 2:00 p.m. Response Submission Deadline May 13, 2026 Potential Interviews May 2026 Issue Notice of Intent to Award June 3, 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 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.

REMAINDER OF PAGE LEFT INTENTIONALLY BLANK

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SPECIFICATIONS

1. SPECIFICATIONS

Pinal County Adult Detention Center (PCADC) is committed to supporting safe and successful reentry for individuals transitioning from detention to the community. The purpose of this solicitation is to enter into a term contract with a qualified Consultant that can provide behavioral coaching services for participants housed in the AGAVE Pod (Assist, Guide, Advocate, Vitalize and Empower). Participants are an adult male pre-release population within a secure detention setting; the population is typically a minimum of 8 with a maximum of 25.

AGAVE is built to run as a 90-day program. This can vary depending on their court proceedings as they may be released before they make it to 90 days, but curriculum should be built based on the 90 days. The requested services consist of non-clinical, strengths-based behavioral coaching that support participants in developing pro-social behavior, increasing self-awareness, and building practical skills to navigate the transition from custody into the community. Behavioral coaching services are intended to complement, and not replace, existing detention center programming, case management, or any clinical behavioral health services.

Consultants responding to this solicitation must demonstrate the capacity to deliver services within the operational requirements of a detention environment and align with PCADC’s commitment to person-first, trauma-informed, and culturally responsive practices.

The awarded Consultant(s) will be expected to coordinate with designated PCADC staff and adhere to all applicable security, scheduling, and reporting requirements.

A. Background

Pinal County Adult Detention Center (PCADC) is committed to supporting safe and successful reentry for individuals transitioning from detention to the community. As part of this commitment, PCADC operates the AGAVE Pod. This is designed to engage participants prior to release and provide structured, supportive programming that promotes personal responsibility, skill development, and readiness for community reintegration.

Participants may experience challenges commonly associated with reentry transitions, including adjusting to community expectations, positive decision-making skills, establishing short- and long-term goals, preparing for employment, housing, and family reunification. PCADC recognizes that addressing these needs prior to release can improve continuity of support and enhance post-release outcomes.

Programs that are currently provided in AGAVE are Parenting, Anger Management, Workforce Development, AA/NA, Discipleship, S.T.R.O.N.G., Self-Regulation, Meditation, and Personal Skill Development.

PCADC emphasizes a person-first, trauma-informed, and culturally responsive approach to service delivery. Coaching services should be grounded in respect, dignity, and should promote accountability, motivation, and positive behavioral change. Consultants must be capable of delivering services within a secure detention environment and coordinating with PCADC staff in accordance with facility policies and procedures.

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B. Objective

To provide behavioral coaching services for participants housed in the AGAVE Pod. Services will be delivered to an adult male pre-release population within a secure detention setting.

Consultant shall provide non-clinical, strengths-based behavioral coaching services that support participant readiness for community reentry. Coaching services will focus on skill development, goal setting, accountability, pro-social behavior, and are intended to complement existing programming and other supportive services provided by PCADC.

Consultant must demonstrate the capacity to deliver services within the operational requirements of a detention environment. The awarded Consultant will be expected to coordinate with designated PCADC staff and adhere to all applicable security, scheduling, and reporting requirements

C. Goals

Foster personal growth, reduce recidivism, and improve conflict resolution skills. Improve self-awareness, develop ethical frameworks, enhance coping mechanisms, build responsibility, and cultivate positive future outlooks.

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

• Proprietary / Confidential Statement

• Exhibit 1 – Exception Form

• Exhibit 2 – Lobbying Certification

• Exhibit 3 – Non-Collusion Affidavit

• Exhibit 4 – Minimum Insurance Requirements

• Exhibit 5 – Debarment Certification / Proof of SAM.gov eligibility

3. SCOPE OF WORK

Pinal County Responsibilities:

• Provide access to the AGAVE Pod and participants as appropriate.

• Coordinate scheduling of sessions with facility operations.

• Monitor service delivery for adherence to Scope of Work, Contract, and County policies.

• Provide guidance on reporting and invoice submission requirements.

Consultant Responsibilities:

The selected Consultant shall provide non-clinical, individualized behavioral coaching to participants in the Reentry Pod. Services shall include, but are not limited to:

1) Individualized Coaching Sessions

a) Conduct one-on-one coaching sessions tailored to each participant’s goals, needs, and skill level.

i) Confidential one-on-one sessions may be available via video visitation

ii) Access to participants case plans or risk/needs assessments will be available

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b) Focus areas may include decision-making, problem-solving, goal setting, self-awareness, accountability, and coping strategies.

c) Adjust coaching approach and materials to the participant’s background, learning style, and pre-release readiness.

2) Group or Peer-Based Sessions

a) Facilitate small group coaching or peer learning sessions, ensuring content is relevant to participants’ needs and aligned with AGAVE Pod objectives.

3) Program Materials

a) Provide curriculum or resources that are flexible and adaptable to the participant population.

b) Materials should align with pre-release objectives, including community reentry preparation, life skills development, and pro-social behavior reinforcement.

4) Documentation and Reporting

a) Maintain accurate records of services delivered, including dates, duration, participant engagement, and session topics.

b) Submit timely invoices, including appropriate backup, that reflect completed services only, in accordance with PCADC policies.

c) Provide periodic reports to designated PCADC staff summarizing participant progress, engagement, and outcomes as requested.

i) Participant Sign-In / Attendance Sheet: To include date, participant name, session type

(individual/group), start time, end time, staff signature, and any notes/observations.

ii) Individual Progress Report / Coaching Notes: To include participant name, date of session, coaching focus/topic, session summary, goals updated/achieved, and staff signature.

iii) Bi-weekly/ monthly reports on program effectiveness, participant feedback, recommendations for PCSO.

iv) Weekly or Monthly Summary Report: To include week/month, total sessions conducted, participants served, key achievements/observations, challenges/notes, and staff signature.

v) Service Delivery Checklist: To include service requirements, whether or not service was completed, date of completion, and notes (i.e. Individualized Coaching Delivered, Yes, 1/10/26, Focused on goal setting and decision making).

vi) Invoice/Billing Template: Including date of service, participant name, session type, unit cost, quantity, total cost, invoice number, and staff signature.

vii) Optional: Participant Feedback Form: To include participant name, date, session type, what I learned, suggestions/feedback, and staff signature.

5) Coordination and Compliance

a) Work within the secure detention environment and comply with all PCADC policies and procedures.

b) Coordinate with Reentry Pod staff, case managers, and other relevant detention personnel as needed.

c) Adhere to all County standards for trauma-informed, culturally responsive, and person-first service delivery.

6) Duration and Frequency

a) Services will be provided for 12 months and reevaluated at the end of the period for possible extension of service.

b) Frequency and duration of coaching sessions will be coordinated with AGAVE Pod staff to align with participant schedules and security protocols. Evenings and Weekends are not available.

Monday-Friday during regular business hours would be available.

c) Services are to be provided on-site in the common area of the inmate pods.

d) 1–2-hour sessions on a bi-weekly basis.

Mandatory Requirements:

1) Experience with Justice-Involved Populations

a) Demonstrated experience providing behavioral coaching or similar services to adult justice-involved or pre-release populations.

b) Familiarity with challenges associated with community reentry, skill-building, and pre-release preparation.

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2) Behavioral Coaching Expertise

a) Proven ability to deliver non-clinical, individualized, and strengths-based coaching.

b) Capability to tailor coaching approaches and materials to participants’ backgrounds, skill levels, and readiness.

3) Trauma-Informed and Person-First Approach

a) Demonstrated use of trauma-informed, culturally responsive, and person-first practices in coaching or related programming.

4) Operational Capacity in Secure Environments

a) Ability to provide services within a secure detention setting, complying with all facility rules, security requirements, and operational protocols.

5) Documentation and Reporting Capability

a) Proven ability to maintain accurate, verifiable records of services provided, including dates, session duration, participant engagement, and progress notes.

b) Capacity to submit invoices in compliance with county policies, reflecting services actually delivered.

6) Staffing Qualifications

a) All staff assigned to the project must have relevant experience, background checks, and training to work in a detention environment.

b) Staff must demonstrate skills in facilitation, coaching, or related behavioral support services.

7) Financial and Administrative Responsibility

a) Consultant must demonstrate the ability to manage contracts in compliance with county invoicing, payment schedules, and fiscal accountability requirements.

8) References or Demonstrated Past Performance

a) Provide references or documentation of prior experience delivering similar behavioral coaching services, preferably in correctional or reentry programs.

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.

• Responsiveness to Service Requirements o The extent to which the Consultant demonstrates the ability to meet all mandatory service requirements outlined in the RFP, including individualized coaching, adaptable curriculum, trauma-informed delivery, and compliance with County policies.

o Example of Consultants documentation and reporting records.

• Experience and Past Performance o Demonstrated experience providing behavioral coaching or similar services to justice-involved, pre-release populations.

o References provided

• Staff Qualifications and Capacity o The qualifications, training, and experience of proposed staff to deliver individualized behavioral coaching in a secure detention setting.

o Ability to provide sufficient staffing and supervision to meet the needs of the AGAVE Pod population.

• Cost Proposal / Price Competitiveness o Total cost breakdown of year one (1) cost including implementation costs, license cost, hardware costs, training costs, etc.

o Clarity and completeness of pricing documentation and adherence to County invoicing policies.

• Program Approach and Alignment with PCADC Goals o Consultant’s approach to delivering services that are strengths-based, person-first, culturally responsive, and trauma-informed.

o Alignment of the proposed program with the objectives of the AGAVE Pod, including preparing participants for successful community reentry and skill development.

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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 RFP265131 will take place VIA GOOGLE MEET on April 30, 2026 @ 2:00PM MST utilizing the call-in information below:

Participant-guest login:

Time zone: America/Phoenix Google Meet joining info Video call link: https://meet.google.com/fti-uezc-amy Or dial: 3032-568-(US) +1 601 PIN: 252 487 031#

More phone numbers: https://tel.meet/fti-uezc-amy?pin=8592630486842

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, 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.

Request for Proposal #265131 Page 10 of 46

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; and

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

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SPECIAL TERMS AND CONDITIONS

1. METHOD OF AWARD - BEST EVALUATIVE SCORE BASED ON WRITTEN RESPONSE: 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 will score Responses based on the following criteria listed in no particular order. The total number of points allowable under this evaluation is 100 points.:

• Responsiveness to Service Requirements

• Experience and Past Performance

• Staff Qualifications and Capacity

• Cost Proposal / Price Competitiveness

• Program Approach and Alignment with PCADC Goals

A more detailed description of these criteria can be found on Page 8 of this document.

Evaluation criteria, other than costs, are evaluated first. After rating the written 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.

If it is in the best interest of the County, the Evaluation Committee may invite a limited number of Consultants who received the highest scores during the written phase to provide an oral presentation and discussion. The number of Consultants who may be invited to participate in this discussion will be determined by the Evaluation Committee after the written Responses have been scored.

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. 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.

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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.

5. HOURLY RATE DEFINED: The hourly rate quoted by the Consultant shall include full compensation for labor, equipment use, travel time, and any other costs incurred by the Consultant. This rate is assumed to be at straight time for all labor. If overtime is allowable under this Solicitation, it will be covered as a separate item in the terms and conditions.

6. PAST PERFORMANCE: The County may evaluate Past Performance with Pinal County or another entity and/or make such investigations as deemed necessary to determine the ability of the Consultant to perform work outlined in this solicitation. If the County has terminated a contract with the Consultant within the past three (3) years, the Consultant may be asked to furnish information for this investigation as the County requests.

Such information includes but is not limited to current/past company references, current licensing information, 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 herein. Conditional Responses will not be accepted.

7. 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.

8. 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.

Contractor 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, Contractor 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. Contractor 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. Contractor 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.

9. 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.

10. 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

Request for Proposal #265131 Page 13 of 46 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.

11. E-VERIFY REQUIREMENTS: As required by A.R.S. § 41-4401, Contractor 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. Contractor and each subcontractor acknowledge that under A.R.S. § 41- 4401, the County retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under the contract to ensure that Contractor 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.

12. 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.

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

14. SUPERINTENDENT SHALL BE SUPPLIED BY CONSULTANT: The successful Consultant shall employ a competent superintendent who shall be the primary representative for the Consultant and all communications given to, and all decisions made by the superintendent shall be binding to the Consultant. Notwithstanding, the superintendent shall be considered to be, at all times, an employee of the Consultant under its sole direction and not an employee or agent of the County.

15. ELIGIBILITY OF CONSULTANTS - MUST BE ENGAGED IN PERFORMING SERVICES RENDERED:

Pre-award inspection of the Consultant'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 Consultants 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 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.

16. CJIS BACKGROUND CHECK: Consultant and all subcontractors must submit to a CJIS Background Check prior to entering the facility. The Consultant shall submit a list of all employees, within two (2) days of Notice to Proceed or Notice of Award or within fourteen (14) days prior to appearance on the work site to include full name, date of birth, social security number, and driver’s license number for background check. Any record indicating felony violations, questionable character or possible security risk shall be just cause for denial of access for that person to the facility. Final approval of employees’ list shall be at the sole discretion of the County and shall not be cause for additional payment.

When working within the Pinal County Detention Center, all tools will be checked in and out by the job site Foreman and verified by appointed Sheriff’s Office staff or Facilities Maintenance personnel.

Workday one, all employees will receive a safety briefing given by a member of the Sheriff’s Office staff.

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Working crew will not, at any time while at the Pinal County Detention Center, interact with inmates and will always follow established safety procedures.

17. 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.

18. 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.

19. LABOR, MATERIALS AND EQUIPMENT TO BE SUPPLIED BY THE CONSULTANT: Unless otherwise provided in this Solicitation, the Consultant 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.

20. 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.

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

22. ACCIDENT PREVENTION: The Consultant shall be required to take safety precautions in an effort to protect persons and County property. All Consultants 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 Consultant which is responsible for same.

23. 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 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 Consultant or any other person or entity whatsoever, for any purpose whatsoever.

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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.

24. 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).

25. FEDERAL FUNDING: ln the event the agreement will use federal funds; Contractor shall comply with the following:

A. Federal Compliance - This Solicitation will be funded, in whole or in part, with an award of federal funds.

Contractor shall comply with all applicable federal laws, regulations, and requirements. These include but are not limited to compliance with the following laws and regulations:

1) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). If this Agreement is in excess of $100,000 and involves the employment or mechanics or laborers, Contractor must comply with provisions of 40 U.S.C. 3702, as supplemented by Department of Labor regulations (29 CFR Part 5).

2) Rights to Inventions Made Under a Contract or Agreement. If this Agreement is an agreement with a small business firm or nonprofit organization for performance of experimental, developmental, or research, Contractor must comply with the requirements or 37 CFR Part 401, “Rights to Inventions Made by Nonprofit organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any Implementing regulations issued by the awarding agency.

3) Clean Air Act (42 U.S.C. 7401 – 7671q.) and the Federal Water Pollution Control Act (33 U.S.C.

1251-1387). If this Agreement is in excess of $150,000, the Contractor is required to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act as amended (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency of the federal funds for this Agreement and the Regional Office of the Environmental Protection Agency (EPA).

4) Debarment and Suspension (Executive Orders 12549 and 12689). The County is prohibited from entering into this Agreement with a party listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that

Request for Proposal #265131 Page 16 of 46 implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

5) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). If this Agreement is for compensation in excess of $100,000, Contractor must file the required certification with the County that it will not and has not used Federal appropriated funds received by the Contractor to pay any person or organization for influencing or attempting to influence an officer or employee or any agency, a member of Congress, officer or employee of Congress, or an employee or a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.

1352. Contractor must also disclose to the County any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

6) Procurement of Recovered Material (2 CFR CH. II §200.322). Contractor must 1) comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; 2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and 3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

7) Equal Employment Opportunity. If this Agreement is a construction contract Contractor is required to comply with the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964- 1965 Comp., p. 339), as amended by Executive Order 11246, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and Implementing regulations at 41 CFR part 60, “Office or Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."

8) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148).