Dog Kennel RFP - FINAL.pdf

Yamhill County Sheriff’s Office

Request for Proposals

DOG KENNELING & ADOPTION SERVICES

August 5, 2026

POINT OF CONTACT

Refer all questions to:

Captain Todd Whitlow, Yamhill County Sheriff’s Office sheriff@yamhillcounty.gov Ph. 503-434-7506

PROPOSALS DUE:

August 31, 2026 by

5:00 PM

at Yamhill County Sheriff’s Office

535 E 5th Street # 143 McMinnville, OR. 97128 or electronically at sheriff@yamhillcounty.gov mailto:sheriff@yamhillcounty.gov

Requests for Proposals for Dog Kenneling Services

Notice is hereby given that the Yamhill County Sheriff’s Office is currently soliciting proposals from qualified vendors to provide dog kenneling and adoption services. A copy of the RFP will be available at no charge from Captain Todd Whitlow, Yamhill County Sheriff’s Office, sheriff@yamhillcounty.gov, 503-474-4915. A copy is also available on the Yamhill County website at https://www.yamhillcounty.gov/Bids.aspx

Responsive Proposals for dog kenneling services must be physically received in the Yamhill County Sheriff’s Office at 535 E 5th Street #143, McMinnville, OR. 97128 or electronically at sheriff@yamhillcounty.gov no later than 7:00 p.m. local time on August 31, 2026

Questions regarding this RFP should be addressed to Captain Todd Whitlow, 503-474-4915, whitlowt@yamhillcounty.gov or sheriff@yamhillcounty.gov

DATED at McMinnville, Oregon this August 5, 2026, By SAM ELLIOTT, Yamhill County Sheriff https://www.yamhillcounty.gov/Bids.aspx mailto:whitlowt@yamhillcounty.gov

SECTION A – TABLE OF CONTENTS

COVER PAGE

PUBLIC NOTICE

A. TABLE OF CONTENTS

B. GENERAL INFORMATION

B.1 Introduction B.2 Schedule B.3 Single Point of Contact B.4 Authority

C. SCOPE OF WORK ............................................................................................................... 4-6 C.1 County Overview C.2 Project/Background Information C.3 Services to be Provided

D. PROCUREMENT REQUIREMENTS AND EVALUATION ................................................ 6-9 D.1 Submission Requirements D.2 Procurement Process D.3 Evaluation Process

E. AWARD AND NEGOTIATION

E.1 Award Consideration E.2 Intent-To-Award Announcement. ...................................................................... 9-10

F. PROTEST PROCEDURES

F.1 Solicitation Protests F.2 Contract Award Protests

G. MISCELLANEOUS TERMS AND CONDITIONS........................................................... 10-11 G.1 Costs of Proposals G.2 Addendum G.3 Cancellation G.4 Disputes G.5 Publicity G.6 Conflict of Interest; Collusion G.7 Taxpayer Identification Number G.8 Business Registry G.9 Indemnification G.10 Compliance with ORS 279B G.11 Records Maintenance; Access G.12 Governing Law, Jurisdiction, and Venue G.13 Contract G.14 Additional Reservations

EXHIBITS

Exhibit A: Affidavit of Trade Secret Exhibit B: Proposer Information and Certification Sheet Exhibit C: Sample Contract

SECTION B – GENERAL INFORMATION

B.1 Introduction.

The Yamhill County Sheriff’s Office (“County”) is currently accepting proposals from private organizations to provide dog kenneling and adoption services.

Additional details on the scope of services to be provided is included in Section C - Scope of Work.

The County anticipates the award of one or more contracts from this RFP. The initial term of the contract is anticipated to be one year from date of execution.

B.2 Schedule.

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change.

Event Date Time

Questions / Requests for Clarification Due August 24, 2026 5:00 PM

Closing (Proposals Due) August, 31, 2026 5:00 PM

Issuance of Notice of Award (approx.) September 30, 2026

B.3 Point of Contact.

The Point of Contact (POC) for this RFP is identified on the Cover Page of this RFP, along with the POC’s contact information. Proposers shall direct all communications related to any provision of the RFP, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision only to the POC.

B.4 Authority.

The County is issuing this RFP pursuant to its authority under both state law and Yamhill County Code. The County is using the Request for Proposals method of procurement, pursuant to ORS 279B.060 and YCC 3.20.047.

SECTION C – SCOPE OF WORK

C.1. Yamhill County Overview.

Yamhill County is located in the Willamette Valley of Oregon and has a population of approximately 109,000 residents. The county seat is McMinnville, about 35 miles southwest of Portland. Yamhill County is a general law county with three elected Commissioners and five elected department heads, including the Yamhill County Sheriff. Pursuant to the provisions of ORS Chapter 609, Yamhill County was declared a Dog Control District by vote of the electors on July 5, 1929, and as such, all dog control in the county falls under the enforcement authority of the Yamhill County Sherriff’s Office.

C.2 Project/Background Information. The Yamhill County Sheriff’s Office maintains statutory authority to issue citations and prosecute violations of the Dog Control Code, chapter 4.05. Dog Control responsibilities include but are not limited to dog licensing, dog running-at-large complaints, dog bite investigations, dangerous dog investigations, dog impoundment, and redemption of stray dogs. Primary funding for Dog Control is generated from annual licensing fees, redemption fees, and civil penalties collected from dog owners. Historically the Sheriff’s Office has contracted with third parties for kenneling and boarding services as well as licensing and redemption services.

C.3 Services to be Provided. The awarded contractor shall be expected to perform the following dog control services on behalf of the County.

C.3.1 Public Kennel and Adoption Services Program Operation.

a. Kennel facilities shall be provided within, or within a convenient distance from, McMinnville, Oregon.

b. Kennel facilities shall be kept clean, secure, and safe for both dogs and staff members. At minimum, the County expects that the following facility standards must be met:

i. Trash and other debris shall be picked up frequently in entire kennel area to keep the facility neat and orderly.

ii. Weeds will be sprayed or pulled on a regular basis.

iii. All parking lots will be properly maintained and cleared of snow or debris before opening the kennel.

iv. Signs will be kept clean and legible.

v. The public shall have telephone access to the hours of operation 24 hours a day, 7 days a week.

vi. An on-site telephone number will be provided and available for both County and/or public use.

c. Dogs shall be treated with care and respect and provided a comfortable and healthy environment to minimize stress levels and address social and exercise needs. The health and welfare of the dogs is a foremost consideration.

d. The awarded contractor must establish convenient public hours of access for the kennel facility, including weekend hours. Public hours must include being open at least thirty (30) hours per week, that includes five (5) different days per week, including either a Saturday or a Sunday. The awarded contractor will be responsible for maintaining the proposed days and hours of operations in inclement weather.

e. The awarded contractor will be expected to develop and follow a clear set of protocols regarding kennel admission and intake procedures, care and welfare of dogs, employee conduct and kennel and adoption operations. The awarded contractor must be familiar with the “Guidelines for Standards of Care in Animal Shelters”, published by the Association of Shelter Veterinarians.

f. Employees and volunteers must have training or experience appropriate to their positions.

C.3.2 Dog Intake.

a. All dogs impounded by county officials and delivered to the kennel shall be accepted. Dogs are to be accepted without breed-specific barriers.

b. Each dog will be assessed upon arrival in regard to physical condition, medical needs, and initial behavioral observations. Dogs will be assigned housing with consideration for species, sex, whether fertile, medical condition, behavior and temperament.

c. Dogs will be vaccinated, treated for fleas and worms, and groomed as necessary for the dog’s health and comfort.

Dogs in medical distress may be rejected. A dog that is dangerous or potentially carrying highly infectious disease that may threaten the health and safety of other animals or humans may be accepted if suitable quarantine areas are available.

d. Kennels shall be available 24/7 for law enforcement officials to drop off impounded dogs.

e. Dogs will be held prior to eligibility for adoption, transfer to another dog welfare agency or placement with a rescue group. Minimum holding requirements are as follows:

i. Dogs that are unlicensed or for which the owner is unknown shall be held for 72 hours before being eligible for adoption, transfer or euthanasia.

ii. If a dog’s owner is known, the owner must be notified (voicemail, email, or written letter) within 24 hours and the dog must be held for 72 hours after notification to the owner before being eligible for adoption, transfer or euthanasia.

iii. Dogs classified as potentially dangerous or under legal holds are subject to additional holding requirements.

C.3.3 Euthanasia; Adoption and Placement of Dogs.

a. The awarded contractor must develop and follow a clear protocol on the use of euthanasia using the most modern and humane method available, to be carried out by certified Euthanasia Technicians under the provisions established by Oregon law.

b. The awarded contractor must make every effort not to euthanize any healthy and adoptable dog. The awarded contractor will be expected to make reasonable attempts to locate suitable community resources including rehabilitative or training resources, placing the dog with a rescue agency, or transferring the dog to another animal welfare agency prior to making a determination to euthanize the dog. Every reasonable effort shall be made to identify each dog’s owner and return the dog to its owner prior to release through adoption, placement with a rescue agency, or transfer to a dog welfare agency.

c. Adoption is to be promoted through a variety of outreach strategies including advertising, internet and offsite events.

Dogs are to be spayed or neutered and microchipped as a condition of adoption. All dogs required to be licensed within Yamhill County are to be licensed prior to release.

d. The awarded contractor will be expected to maintain detailed records of dogs that are adopted, transferred to another animal welfare agency, foster family or placement with a rescue agency. These records shall be maintained for a minimum of 24 months.

C.3.4 Administration.

a. Public kennel and adoption services will be operated according to a program budget. However, donations, kennel fees, and adoption revenues in excess of the projected amount specified in the contract will be revenue to the awarded contractor in addition to the contract amount. Accurate recordkeeping and tracking of individual dogs in the public kennel and adoption program will be maintained.

b. The awarded contractor will be expected to coordinate with the County to achieve seamless and efficient data management across kennels, adoption, enforcement and licensing programs.

c. Partnerships with community groups, veterinary service providers, other animal welfare agencies and rescue groups are encouraged and will be expected to be maintained by the awarded contractor.

d. High quality customer service is a priority. A public lost and found reporting mechanism will be provided by the awarded contractor. The Countywide licensing program will be administered by the Yamhill County Sheriff’s Office.

e. The awarded contractor will be expected to maintain a managed website to provide timely public access to information concerning public kennel, adoption and related services. This will include information on unclaimed dogs and dogs available for adoption, transfer or placement, annual data reports, opportunities for volunteers, and other information.

f. Semi-annual reports on the activities and disposition of dogs must be made by the contractor to Yamhill County.

These reports will be available to the public and will include (at minimum) the following data:

• Number of impounded dogs received from County officials

• Number of stray dogs accepted from residents

• Number of dogs returned to owners

• Number of dogs adopted

• Amount of kennel and adoption fees received

• Number and destinations of dogs transferred out of kennel to other dog welfare agencies or placed with rescue groups

• Number of dogs euthanized, or that otherwise died while in the care of the kennel

• Other data as requested

SECTION D – PROCUREMENT REQUIREMENTS AND EVALUATION

D.1 Proposal Requirements.

D.1.1 Submission Requirements. Proposals should follow the format and reference the sections listed below. Responses to each section and subsection should be labeled to indicate the item being addressed. Proposal must describe in detail how requirements of this RFP will be met and may provide additional related information. Proposers shall submit one original and three

(3) additional copies. In addition, Proposers should include one digital copy of their Proposal on CD or USB that is in PDF format.

Proposals shall be submitted in sealed packages or envelopes. To ensure proper identification and handling, all packages and envelopes shall be clearly marked as follows:

RFP Title: YAMHILL COUNTY DOG KENNELING & ADOPTION SERVICES Attn: Captain Todd Whitlow Yamhill County Sheriff’s Office 535 E 5th Street, # 143 McMinnville, OR. 97128

D.1.2 Proposal Content Requirements. All Proposals must include the following information:

D.1.2.1 Structure of Agency, Experience and Qualifications.

a. Name of agency, address, telephone number, website, and email address.

b. Please describe the structure and organization of your agency.

c. Is your agency a registered 501(c)(3) organization, public agency, or a private entity?

d. The County prefers an agency with staff experienced in operating a licensed, municipal kennel. The following information will gauge your agency’s experience in dog kenneling and adoption services:

i. How many years has your agency been in a related operation?

ii. Describe your agency’s experience running a dog kennel facility within the past ten years.

iii. Describe your agency’s experience providing adoption services.

e. Relay your agency’s experience interacting with:

i. Public agencies;

ii. Volunteers; and

iii. Agencies and individuals concerned with the welfare of animals.

f. Describe your agency’s prior experience and ability to facilitate contractual service needs.

g. Provide qualifications and experience of personnel in your agency whom you consider “key” staff that would be assigned to provide the services. Describe their roles and duties.

h. If you are a licensed animal rescue entity pursuant to ORS 609.415, please provide license details.

D.1.2.2 Operations and Reporting.

a. Describe how your agency intends to provide kennel spaces at the proposed facility. If kennel facilities are currently available, please describe those facilities in detail, along with any additional structures that will be utilized under the proposed contract. If no kennel facilities are currently available, please describe how and where your agency proposes to kennel dogs under the proposed contract, including, if applicable, on a temporary and/or permanent basis.

b. How will your agency provide kennel services for after-hours impoundments by law enforcement?

c. Describe your agency’s ability to euthanize and dispose of euthanized dogs.

d. What level of access will you have to a qualified veterinarian and veterinarian technician?

e. What will be the proposed hours of operation? List all days the bidder proposes being closed due to holidays.

f. What procedures will you use to track custody location, changes in physical condition, and human or other interactions for any dog held as evidence in criminal cases, including abuse, neglect, or vicious dog cases?

g. What software application or other information systems will you use to track dogs kenneled and adopted?

h. Describe how your agency will keep a detailed inventory of dogs, including but not limited to individual identifying code or name, date of intake, type, breed, sex, whether fertile, license if any, microchip information if any, vaccination records, from whom received, owners name if known, notation of dog code citations, medical or rehabilitate treatments provided, and whether adopted, transferred, placed with a rescue agency or euthanized, as well as reason for disposition.

i. The “Guidelines for Standards of Care in Animal Shelters”, (Association of Shelter Veterinarians) describes recommended practices as follows: “How are practices identified as good or bad for a shelter in the Guidelines document? ’Unacceptable’ is used to highlight practices that must be corrected as soon as possible to provide an acceptable level of care. A ‘must’ indicates that without adherence to this recommendation, the delivery of a minimum level of acceptable humane care is not possible. ‘Should’ implies a strong recommendation. Best practices are identified in the Guidelines as ‘ideal’ or ‘best.’ While the authors note that achieving ideal or best practices in every aspect of operations is ultimately preferred, they acknowledge that not every organization is capable of achieving this goal in every circumstance. Therefore, shelters should strive to meet all ‘ideal’ practices wherever possible, and should attempt to ensure that they are adhering to all practices identified as a ‘must,’ while avoiding any practices identified as ‘unacceptable’” (Page v). Describe how your agency’s operations of the kennel will adhere to “must” practices and avoid “unacceptable” practices?

D.1.2.3 Service Approach.

a. How will you encourage and advertise adoption opportunities?

b. What criteria will you use to determine suitability of a dog for adoption, transfer to other dog welfare agencies, placement with rescue groups, or euthanasia?

c. How would you engage with, and provide outreach to, the community at large? How will you recruit, train, and utilize community volunteers and foster families?

D.1.2.4 Cost Proposal. The County is requesting proposer’s cost proposals be the combination of a flat annual rate (paid monthly) plus a percentage share of the annual dog license revenue received (paid monthly) by the County for the previous full fiscal year (example FY 26-27 revenue to the awarded contractor would the based upon the actual revenue from FY 25-26). The proposal should be in the following format:

Annual Flat Amount ($x,xxx.xx) + percentage of annual dog license revenue (xx.x%). Take into consideration anticipated adoption fees, impound fees, and other revenue for related services.

D.1.3 Public Record/Confidential or Proprietary Information. All information submitted by a Proposer shall be a public record and subject to disclosure pursuant to the Oregon Public Records Act (ORS 192.410 et seq.), except such portions of the proposals for which proposer requests exemption from disclosure consistent with Oregon law. If a Proposer believes that any portion of its Proposal contains any information that is a trade secret under ORS Chapter 192.501(2), or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Affidavit of Trade Secret (Exhibit A) and a fully redacted version of its Proposal. If a Proposer fails to identify the portions of its Proposal that Proposer claims are exempt from disclosure, the Proposer has waived any future claim of non-disclosure of that information. Identifying the Proposal, in whole, as exempt from disclosure is not acceptable.

The fact that a Proposer marks and segregates certain information as exempt from disclosure does not mean that the information is necessarily exempt. Any portion of a Proposal that the Proposer claims constitute a “trade secret” or is “confidential” must meet the requirements of ORS 192.501(2) and ORS 192.502(4). The County will make an independent determination regarding exemptions applicable to information that has been properly marked and redacted. Unless expressly provided otherwise in this RFP or in a separate communication, the County does not agree to withhold from public disclosure any information submitted in confidence by a Proposer unless the information is otherwise exempt under Oregon law.

If the County refuses to release the records, the Proposer agrees to provide information sufficient to sustain its position to the District Attorney of Yamhill County, who currently considers such appeals. If the District Attorney orders that the records be disclosed, the County will notify the Proposer in order for the Proposer to take all appropriate legal action. The Proposer further agrees to hold harmless, defend and indemnify the County for all costs, expenses and attorney fees that may be imposed on the County as a result of appealing any decision regarding the Proposer’s records.

D.1.4 Proposal Submission. Proposer is solely responsible for ensuring its Proposal is received by the County in accordance with the RFP requirements before the closing date and time listed in Schedule B.2. The County is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Proposal submitted by any means not authorized may be rejected.

D.2 Procurement Process.

D.2.1 RFP Availability. This RFP, including all Exhibits and Addenda, are available by contacting the POC described in Section B.3. The POC will email this RFP, including all Exhibits and Addenda, upon request but will not be mailing these documents to prospective Proposers unless requested pursuant to Section D.2.2.

D.2.2 Hard Copy Document Fees & Delivery. Proposers may also request hardcopies of the RFP, Exhibits, and Addenda from the POC. All costs for these documents and any associated delivery fees are at Proposer’s expense.

D.2.3 Addenda. Any Addendum to the original solicitation can be viewed by contacting the POC to make arrangements. Proposers may request automatic notifications of any subsequent Addendum being issued to the RFP through the POC described in Section B.3. Except to the extent required by public interest, the County shall not issue an Addendum less than 72 hours before the Proposal due date and time unless the Addendum also extends the due date and time.

D.2.4 Clarifications, Objections, and Questions. Any Proposer that finds discrepancies in, or omissions from, any provision of the RFP or Exhibits, or has doubt as to the meaning, shall make a request for clarification or modification in writing to the POC described in Section B.3. To be considered, the request for clarification or modification must be received by the County by the date and time described in the Schedule provided in Section B.2. Clarifications, whether verbal or in writing, do not change the RFP, Exhibits, contractual terms, or procurement requirements of this RFP unless an Addenda has been issued by the County. If a substantive clarification is in order, an Addenda will be issued pursuant to Section D.2.3.

D.2.5 Withdrawal of Proposals. If a Proposer wishes to withdraw a submitted Proposal, it shall do so prior to Closing. The Proposer shall submit a written notice signed by an authorized representative of its intent to withdraw its Proposal. The notice must include the RFP number and be submitted to the POC no later than the due date and time identified in Section B.2.

D.2.6 Proposal Due. Proposals and all required submittal items must be received by the POC on or before the closing date and time identified in the Schedule provided in Section B.2, or as amended. Proposals received after the closing date and time are considered LATE and will NOT be accepted for evaluation. Late Proposals will be returned to the respective Proposer or destroyed.

D.2.7 Proposal Rejection. The County reserves the right to reject any and all proposals if it determines rejection of the proposals is in the best interest of the County. In addition, the County may conduct its own independent evaluation of persons or entities listed in a proposal to verify that the proposer is qualified to provide services for this project. A proposer shall provide all requested information as requested by the County to verify that it can complete this project. Failure to provide the requested information shall be grounds for disqualification.

The following listed grounds are examples of grounds for which the County may elect to reject a proposal. The list is not exclusive:

• Proposer fails to substantially comply with all prescribed RFP procedures and requirements, including, but not limited to, the requirement that Proposer’s authorized representative sign the Proposer Information and Certification Sheet (attached hereto as Exhibit C) in ink.

• Proposer fails to meet the responsibility requirements of ORS 279B.110.

• Proposer does not provide the experience needed or does not have key personnel available of sufficient experience to perform the contract.

• Proposer has breached contractual obligations to public or private contracting agencies.

• Proposer makes any contact regarding this RFP with County representatives such as County employees or officials other than the POC or those the POC authorizes, or inappropriate contact with the POC.

• Proposer attempts to inappropriately influence a member of the Evaluation Committee.

• Proposal is conditioned on the County’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or Addenda.

D.2.8 Opening of Proposal. There will be no public opening of proposals. Proposals received will not be available for inspection until after the evaluation process has been completed and the Intent-to-Award Notification is issued. However, the County will record and make available the identity of all Proposers after the opening.

D.3 Evaluation Process.

D.3.1 Responsiveness and Responsibility Determination. Proposals received prior to closing will be reviewed for Responsiveness to all RFP requirements. If the Proposal is unclear, the POC may request clarification from the Proposer. However, clarifications may not be used to rehabilitate a non-Responsive Proposal. If the POC finds the Proposal non-Responsive, the Proposal may be rejected; however, the County may waive mistakes in accordance with YCC 3.20.047.

At any time prior to award, the County may reject a Proposal found to be not Responsible in accordance with YCC 3.20.047. and ORS 279B. In doing so, the County may investigate the Proposer and request information in addition to that already required in the RFP, when the County, in its sole discretion, considers it necessary or advisable.

D.3.2 Evaluation Criteria. Proposals that met the Responsiveness and Responsibility Determination evaluation will be evaluated by an Evaluation Committee. Points possible are as follows:

Evaluation Criteria Maximum Points Reference Section Structure of Agency, Experience, and Qualifications 30 points D.1.2.1 Operations and Reporting 20 points D.1.2.2 Service Approach 20 points D.1.2.3 Cost Proposal 30 points D.1.2.4

TOTAL POINTS: 100 points

The POC may request further clarification to assist the Evaluation Committee in gaining additional understanding of a Proposal. A response to a clarification request must be done only to clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

D.3.3 Additional Rounds of Evaluation. The County may conduct additional rounds of evaluation if in the best interest of the County.

Additional rounds of evaluation may consist of, but will not be limited to:

• Establishing a Competitive Range

• Presentations/Demonstrations/Additional Submittal Items

• Interviews

• Best and Final Offers

If the County elects to conduct additional round(s), the County shall provide written notice to all Proposers describing the next step.

At any time, the County may dispense with the selected additional round and: (1) issue a Notice of Intent to Award to the highest ranking Responsible Proposer; or (2) elect to conduct an alternative round of competition; or (3) cancel the solicitation.

SECTION E – AWARD AND NEGOTIATION

E.1 Award Consideration. The County, if it awards a contract, shall award a contract to the highest ranking Responsive and Responsible Proposer based upon the scoring methodology and process described herein. The County may award less than the full scope defined in this RFP.

E.2 Intent-To-Award Announcement. The County will notify all Proposers in writing that the County intends to award a contract to the selected Proposer(s) subject to successful negotiation of any negotiable provisions. The County reserves the right to announce its Intent-to-Award Announcement by letter, email, or fax. The Intent-to-Award Announcement shall serve as notice to all Proposers that the County intends to make an award.

SECTION F – PROTEST PROCEDURES

F.1 Solicitation Protests.

F.1.1 Solicitation Protest Generally. A Proposer may protest terms and conditions of this RFP pursuant to YCC 3.20.047.0720. An Offeror must deliver a written protest to the POC provided in Section B.4.2 not less than ten (10) days prior to the closing date. The County is not required to consider an Offeror’s request for change or protest after the deadline.

F.1.2 Solicitation Protest Content. Pursuant to ORS 279B.405, a Proposer may file a protest with the County if the Proposer believes that the procurement process is contrary to law, or if the Proposer believes that the RFP is unnecessarily restrictive, is legally flawed, or improperly specifies a brand name. If the Proposer fails to timely file such a protest, the Proposer may not challenge the contract award on these grounds in any future legal or administrative proceeding.

F.1.3 County’s Response. The County will provide notice to the Proposer if it entirely rejects a protest. If the County agrees with the Proposer’s request or protest, in whole or in part, the County will either issue an Addendum reflecting its determination or cancel the solicitation pursuant to YCC 3.20.047.0660.

F.2 Contract Award Protests.

F.2.1 Contract Award Protests Generally. A Proposer may submit to the County a written protest of a contract award pursuant to YCC 3.20.047.0730. An Offeror may protest the award, in writing, within the timeline established herein. The written protest shall state the grounds upon which the protest is based, and no protest of award shall be considered after the deadline established in Section F.2.2.

F.2.2 Contract Award Protest Deadline. Proposers will have seven (7) calendar days from the date of the Intent-to-Award Announcement within which to file a written protest. Protests submitted after that date will not be considered. Protests must be addressed to the POC provided in Section B.3.

F.2.3 Response to Contract Award Protests. The County will issue a written disposition of the protest in a timely manner as set forth in ORS 279B.410(4). If the County upholds the protest, in whole or in part, it may in its sole discretion either award the contract to the successful protestor or cancel the solicitation.

F.2.4 Contract Award upon Protest Period Expiration. After expiration of the seven (7) calendar-day protest period, and resolution of all protests, the County will proceed with final contract award. (If the County receives only one bid, the County may dispense with the protest period and proceed with award of a contract.)

SECTION G – MISCELLANEOUS TERMS AND CONDITIONS

G.1 Costs of Proposals. Responses to this RFP do not commit the County to pay any costs incurred by any Proposer in the submission of a Proposal. The Proposer assumes the sole risk and responsibility for all expenses connected with the preparation of its Proposal.

G.2. Addendum. Any change to this RFP shall be made by written addendum. The County is not responsible for any explanation, clarification or approval made or given orally or in any manner other than by addendum. The Proposer agrees to and shall comply with, all requirements, specifications, and terms and conditions contained within the RFP, including all Addenda, if any.

G.3 Cancellation. The County reserves the right to cancel this RFP solicitation or award of the contract at any time before execution of the contract by both parties if cancellation is deemed to be in the County's best interest. In no event shall the County have any liability for the cancellation of award.

G.4 Disputes. In case of any doubt or differences of opinions as to the items or service to be furnished hereunder, or the interpretation of the provisions of the RFP, the decision of the County shall be final and binding upon all parties.

G.5 Publicity. Any publicity giving reference to this project, whether in the form of press releases, brochures, photographic coverage, or verbal announcement, shall be done only after prior approval of the County.

G.6 Conflict of Interest; Collusion. A Proposer submitting a Proposal thereby certifies that: 1) that no officer, agent, or employee of Yamhill County has a financial interest in its Proposal; 2) no officer, agent, or employee of Yamhill County who has a pecuniary interest in this RFP has participated in the contract negotiations on the part of the County; 3) that the Proposal is made in good faith without fraud, collusion, or connection of any kind with any other Proposer of the same call for proposals; and 3) the Proposer is competing solely in its own behalf without connection with or obligation to, any undisclosed person or firm.

G.7. Taxpayer Identification Number. The apparent successful Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form if either of the following applies:

• When requested by the County (normally in an intent to award notice), or

• When the backup withholding status or any other information of Proposer has changed since the last submitted W-

9 form, if any.

The County will not make any payment until the County has a properly completed W-9.

G.8 Business Registry. If selected for award, the Proposer must be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the contract. The selected Proposer shall be required to submit a current Oregon Secretary of State Business Registry number, or an explanation if not applicable.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available at the following Internet site:.

G.9 Indemnification. If selected for the award, the Proposer will be expected to indemnify and hold harmless Yamhill County and each of its officers, agents, and employees from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the subject work and created by any act or error of a vendor, subcontractor or anyone directly or indirectly employed by the proposer; provided, however, that nothing herewith shall be constructed to require indemnification of Yamhill County for liability attributable to the County’s sole negligence.

G.10 Compliance with ORS 279B. If selected for the award, the Proposer will be expected to comply with all provisions of ORS 279B.220, 279B.225 (where applicable), 279B.230, and 279B.235.

G.11 Records Maintenance; Access. If selected for the award, the Proposer will be expected to maintain all fiscal records relating to the work required hereunder in accordance with generally accepted accounting principles. In addition, the Proposer shall be expected to maintain any other records pertinent to the contract in such a manner as to clearly document the Proposer’s performance. The County, the Oregon Secretary of State's Office, the Federal Government, and their duly authorized representatives will have access to such fiscal records and all other documents that are pertinent to the contract for the purpose of performing audits and examinations and making transcripts and excerpts. All such fiscal records and pertinent documents shall be retained in accordance with state-mandated retention schedules.

G.12 Governing Law, Jurisdiction, and Venue. This RFP, and any subsequent contract, shall be governed and construed in accordance with the laws of the State of Oregon, without resort to any jurisdiction's conflict of laws rules or doctrines. Any claim, action, suit, or proceeding (collectively, "the claim") between the County (and/or any other agency or department of Yamhill County) and a Proposer that arises from or relates to this RFP or a subsequent contract shall be brought and conducted solely and exclusively within the Circuit Court of Yamhill County for the State of Oregon. Each party shall be responsible for the party's attorney fees, costs and disbursements at all times, including appeals.

G.13 Contract. By submitting a proposal, the Proposer shall accept all terms and conditions of the County’s Contract as shown in Exhibit C, attached hereto and incorporated herein by reference. In addition to the contractual requirements detailed therein, the remaining contract terms and conditions shall be negotiated with the successful proposer once they have been selected and contract negotiations are underway.

G.14 Additional Reservations. The County reserves the right to:

• Waive any irregularities of informalities in any Proposals;

• Extend the deadline for submission of Proposals;

• Accept the Proposal deemed to be the most beneficial to the public and Yamhill County; and/or

• Negotiate and accept, without advertising the RFP, the Proposal of any other offer in the event that an agreement cannot be successfully negotiated with the selected Proposer.

ATTACHED EXHIBITS

Exhibit A: Affidavit of Trade Secret Exhibit B: Proposer Information and Certification Sheet Exhibit C: Sample Contract

EXHIBIT A – Affidavit of Trade Secret

EXHIBIT A

Affidavit of Trade Secret

____________________ (Affiant), being first duly sworn under oath, and representing [insert Proposer Name] (hereafter “Proposer”), hereby deposes and swears or affirms under penalty of perjury that:

1. I am an employee of the Proposer, I have knowledge of the Request for Proposals referenced herein, and I have full authority from the Proposer to submit this affidavit and accept the responsibilities stated herein.

2. I am aware that the Proposer has submitted a Proposal, dated on or about [insert date] (the “Proposal”), to Yamhill County in response to Request for Proposals for Dog Kenneling and Adoption Services and I am familiar with the contents of the RFP and Proposal.

3. I have read and am familiar with the provisions of Oregon’s Public Records Law, Oregon Revised Statutes (“ORS”) 192.410 through 192.505, and the Uniform Trade Secrets Act as adopted by the State of Oregon, which is set forth in ORS 646.461 through ORS

646.475. I understand that the Proposal is a public record held by a public body and is subject to disclosure under the Oregon Public Records Law unless specifically exempt from disclosure under that law.

4. I have reviewed the information contained in the Proposal. The Proposer believes the information listed in [insert] is exempt from public disclosure (collectively, the “Exempt Information”), which is incorporated herein by this reference. It is my opinion that the Exempt Information constitutes “Trade Secrets” under either the Oregon Public Records Law or the Uniform Trade Secrets Act as adopted in Oregon because that information is either:

A. A formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information that:

i. is not patented,

ii. is known only to certain individuals within the Proposer’s organization and that is used in a business the Proposer conducts,

iii. has actual or potential commercial value, and

iv. gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.

Or

B. Information, including a drawing, cost data, customer list, formula, pattern, compilation, program, device, method, technique or process that:

i. Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and

ii. Is the subject of efforts by the Proposer that are reasonable under the circumstances to maintain its secrecy.

5. I have and read and understand the provisions provided in Section D.1.3 of the RFP, and I agree to be bound by those terms. I further understand that disclosure of the information referenced in [insert] may depend on official or judicial determinations made in accordance with the Public Records Law.

Affiant’s Signature

State of ___________ ) ) ss:

County of ________ ) Signed and sworn to before me on ___________ (date) by ______________________ (Affiant’s name).

Notary Public for the State of _________________ My Commission Expires: _________

EXHIBIT B - Proposer Information and Certifications

EXHIBIT B

PROPOSER INFORMATION AND CERTIFICATION SHEET

Legal Name of Proposer: ___________________________________________

Address: _______________________________________ City, State, Zip: _____________________________________

State of Incorporation: ______________________________ Entity Type: _____________________________________

Contact Name:_________________________ Telephone: __________________ Email: _________________________

Federal Employer Identification No.: ___________________ Oregon Business Registry No.: ____________________

Any individual signing below hereby certifies they are an authorized representative of Proposer and that:

1. Proposer understands and accepts the requirements of this RFP, including all legal requirements described therein, and further acknowledges receipt of, and agreement to comply with, any and all Addenda to this RFP.

2. Proposer agrees that its Proposal is a Firm Offer for 180 days following the Closing.

3. If awarded a Contract, Proposer agrees to perform the scope of work and meet the performance standards set forth in the final negotiated scope of work of the Contract.

4. Proposer does not discriminate in its employment practices with regard to race, creed, age, religious affiliation, gender, disability, sexual orientation, national origin. When awarding subcontracts, Proposer does not discriminate against any business certified under ORS 200.055 as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business.

5. Proposer and Proposer’s employees, agents, and subcontractors are not included on:

a. the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf, or

b. the government wide exclusions lists in the System for Award Management found at:

https://www.sam.gov/portal/SAM/#1

6. To the best of its knowledge, there exists no actual or potential conflict between the business or economic interests of Proposer, its employees, or its agents, on the one hand, and the business or economic interests of the County, on the other hand, arising out of, or relating in any way to, the subject matter of the RFP. If any changes occur with respect to Proposer’s status regarding conflict of interest, Proposer shall promptly notify the County in writing.

7. All contents of the Proposal (including any other forms or documentation, if required under this RFP) and this Proposer Information and Certification Sheet, are truthful and accurate and have been prepared independently from all other Proposers, and without collusion, fraud, or other dishonesty.

8. To the best of the undersigned’s knowledge, Proposer is not in violation of any tax laws of the state or a political subdivision of the state, including, without limitation, ORS 305.620 and ORS chapters 316, 317 and 318.

9. Proposer understands that any statement or representation it makes in response to this RFP, if determined to be false or fraudulent, a misrepresentation, or inaccurate because of the omission of material information could result in a "claim" {as defined by the Oregon False Claims Act, ORS 180.750(1)}, made under Contract being a "false claim" {ORS 180.750(2)} subject to the Oregon False Claims Act, ORS 180.750 to 180.785, and to any liabilities or penalties associated with the making of a false claim under that Act.

Authorized Signature Date

(Print Name and Title) https://www.treasury.gov/ofac/downloads/sdnlist.pdf https://www.sam.gov/portal/SAM/%231

EXHIBIT C – Sample Contract

EXHIBIT C:

EXAMPLE SERVICES CONTRACT

THIS CONTRACT is made and entered into by and between YAMHILL COUNTY, a political subdivision of the State of Oregon, acting by and through its [DEPARTMENT], hereinafter referred to as the “County”, and [CONTRACTOR], an Oregon corporation whose Federal Employer Identification No. is [INSERT FEIN], hereinafter referred to as the “Contractor”.

RECITALS

WHEREAS, The County requires the services of a [type of provider] to provide [summary of services]; and

WHEREAS, The County procured the services of the Contractor through a Competitive Sealed Procurement pursuant to the relevant provisions of ORS 279B and YCC 3.20.047; and

WHEREAS, The Contractor was selected because they possess the particular training, abilities, knowledge, qualifications, and experience the County requires as set forth herein; and

NOW, THEREFORE, in consideration of the promises and the mutual covenants and conditions set forth herein, and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, it is hereby agreed by the parties as follows:

AGREEMENT

1. TERM. This Contract shall become effective, and services required hereunder shall commence, on the date the Contract is executed by both parties, or on [DATE], whichever is sooner, and shall terminate on [DATE], unless otherwise terminated or extended as provided herein. Upon mutual agreement of the parties, the Contract term may be renewed and extended in accordance with Section 6.

2. CONSIDERATION. As consideration for the performance of all terms and conditions set forth in this Contract, the County shall pay the Contractor a sum not to exceed $[NTE]. The County shall make payment upon receipt and acceptance of the services as invoiced by the Contractor. The County shall pay invoices within thirty (30) days after an invoice has been received and approved by the authorized a County representative.

a. [INSERT SPECIFIC PAYMENT SCHEDULE AS NEEDED]

b. The compensation provided herein shall be exclusive, and the County shall neither pay nor provide

Contractor with any fringe benefits, including, but not limited to, retirement, health insurance, workers’ compensation insurance, unemployment insurance, or sick leave. No additional compensation or alternate form thereof shall be payable by the County to the Contractor for any purpose whatsoever unless otherwise agreed in writing. The Contractor shall be responsible for paying all income taxes, Social Security or self-employment taxes and any other taxes or assessments imposed by any governmental body incurred by reason of the County’s payment of compensation hereunder to Contractor.

3. SERVICES. The Contractor shall provide to the County services as specified in Exhibit A, attached hereto and by reference incorporated herein.

a. In addition to abiding by the terms and conditions stated herein, the Contractor shall abide by and conform to all obligations asserted by the Contractor in their bid, quote, or proposal, attached hereto as Exhibit B and incorporated herein. If any discrepancy exists between a provision in this Contract and a provision in Exhibit B, the provisions of this Contract shall prevail.

4. WARRANTY OF SERVICES. The County has relied upon the professional ability, qualifications, and training of the Contractor as a material inducement to enter into this Contract. Accordingly, the Contractor represents and warrants that: (i) the Contractor shall perform all services set forth herein in a good and workmanlike manner, in conformance with the terms, conditions, and requirements of this Contract, and in accordance with the highest applicable professional and/or industry standards; (ii) the Contractor warrants that each of the Contractor’s employees assigned to perform services under this Contract has the proper skill, training, and background to be able to perform the services in a competent, timely, and professional manner and that all services shall be so performed; and (iii) the Contractor shall at all times maintain and keep current all professional licenses, certifications, and professional liability insurance required to perform the work set forth in this Contract.

5. INDEPENDENT CONTRACTOR. This agreement is not a contract of employment. The County does not seek to hire Contractor as an employee(s) of the County nor does the Contractor desire to be an employee(s) of the County for performance of the services described herein. The parties intend that the Contractor, in performing the services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed.