RP033_25 INV.pdf

November 12, 2025

RP033-25

REQUEST FOR PROPOSAL

The Gwinnett County Board of Commissioners is soliciting competitive sealed proposals from qualified service providers for the Provision of Veterinary Medical Services on a Multi-Year Contract for the Gwinnett County Department of Community Services.

Proposals must be returned in a sealed container marked on the outside with the Request for Proposal number and Company Name. Proposals will be received until 2:50 p.m. local time on December 9, 2025 at the Gwinnett County Financial Services - Purchasing Division – 2nd Floor, 75 Langley Drive, Lawrenceville, Georgia 30046.

Any proposal received after this date and time will not be accepted. Proposals will be publicly opened and only names of submitting firms will be read at 3:00 p.m. A list of firms submitting proposals will be available the following business day on our website www.gwinnettcounty.com.

A Webex pre-proposal meeting is scheduled for 10:00 A.M. local time on November 19, 2025. To access, dial 1-408-418-9388, enter Access Code 173 532 1781. All interested parties are urged to attend. Questions regarding proposals should be directed to Jake Scarpone, Purchasing Associate II, at Jake.Scarpone@gwinnettcounty.com or by calling 770-822-8722 no later than November 21, 2025. Proposals are legal and binding upon the Consultant when submitted. One unbound single-sided original, four (4) exact copies, and one electronic pdf copy on flash drive should be submitted.

Successful Consultant will be required to meet insurance requirements. The Insurance Company should be authorized to do business in Georgia by the Georgia Insurance Department and must have an A.M. Best rating of A-10 or higher.

Gwinnett County does not discriminate on the basis of disability in the admission or access to its programs or activities. Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program or activity of Gwinnett County Government should be directed to the ADA Coordinator, Gwinnett County Justice and Administration Center, 770-822-8165.

The written proposal documents supersede any verbal or written prior communications between the parties.

Selection criteria are outlined in the request for proposal documents. Gwinnett County reserves the right to reject any or all proposals, to waive technicalities, and to make an award deemed in its best interest.

Award notification will be posted after award on the County website, www.gwinnettcounty.com and companies submitting a proposal will be notified via email. We look forward to your proposal and appreciate your interest in Gwinnett County.

Jake Scarpone Purchasing Associate III

The following pages should be returned with your proposal:

Cost Schedule, Page 7-9

(To be submitted in a separate sealed envelope) Provider Information, Page 10 References, Page 11 Contractor Affidavit, Page 13 Ethics Affidavit, Page 14 Annual Reports, 44-48 http://www.gwinnettcounty.com/ mailto:Jake.Scarpone@gwinnettcounty.com http://www.gwinnettcounty.com/

RP033-25 PAGE 2

REQUEST FOR PROPOSAL

PROVISION OF VETERINARY MEDICAL SERVICES ON AN ANNUAL CONTRACT

I. BACKGROUND

Gwinnett County has an approximate land area of approximately 437 square miles, with an approximate population of 1,020,157. Gwinnett County Animal Welfare & Enforcement provides animal control and animal adoption services for the residents of the County.

The Animal Enforcement function of the division is tasked with enforcing the County ordinance relating to animals. This requires the routine impounding of stray, unwanted, sick, and injured animals (primarily dogs and cats). A veterinarian is essential at the Bill Atkinson Animal Welfare Center to ensure that animals being impounded are receiving proper veterinary care when necessary. The Animal Welfare function of the division is tasked with finding homes for appropriate animals after their mandatory holding period. A veterinarian is essential to ensure that adoptable animals are in good health and have undergone the necessary procedures as provided by the ordinance. Attached are the Annual Reports for 2020, 2021, 2022, 2023, and 2024 summarizing Facility activity (Annual Reports, pages 44-48).

II. SCOPE OF WORK

Provide veterinary services and staffing at the Gwinnett County Bill Atkinson Animal Welfare Center, located at 884 Winder Highway, Lawrenceville, GA 30046, to include, but not be limited to the following:

1. Examinations and diagnostics including, but not limited to fecal exams, blood work, blood count, endocrinology, heartworm testing, FIV/FELV testing, parvo testing, urinalysis, dermatology, general health examinations, ophthalmic examinations, orthoscopic examinations, x-rays, and ultrasound, and other diagnostic procedures as necessary.

2. Surgical sterilization, to include spaying and neutering.

3. Anesthesia induction and monitoring, including post-operative pain management.

4. Amputations and other surgeries as needed.

5. Exploratory surgery to determine sterilization status.

6. Perform triage examination and treatment of sick and injured animals.

7. Perform tests and/or treat animals involved in cruelty/neglect cases within 12 hours of impound timeframe. Evaluation and treatment of animals from cruelty/neglect cases within 12 hours of impound (excluding Sundays).

8. Forensic and necropsy examinations, including documentation and expert courtroom testimony.

9. Any and all treatment, prescriptions, administration of medications, monitoring and follow up.

10. The vendor is responsible for ensuring that all animals receive and ingest their prescribed medication as directed.

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11. Availability to Gwinnett County Animal Welfare & Enforcement by landline and cellphone numbers must be provide by Gwinnett County Animal Welfare seven days per week, 24 hours per day. Vendor must ensure phone lines are active at all times.

12. Monthly schedule must be provided to Gwinnett Animal Welfare & Enforcement five (5) business days before the start of each month.

13. Care requests made in Shelter Buddy, the County’s animal management system) must be reviewed every morning and afternoon to ensure proper care of animals.

14. Maintain drug and veterinary medical supply inventory and logs, including submitting orders for supplies as necessary.

15. Input, maintain and update Shelter Buddy Program records.

16. Successful proposer must provide a comprehensive list of medical and/or surgical supplies needed to allow them to fully function in all capacities of the contract on “Day 1” of the contract effective date.

17. Attend all necessary meetings, including animal welfare management staff meetings, Welfare panel meetings and Animal Advisory Council meetings.

18. The vendor will be responsible for covering all costs associated with pharmaceuticals (List has been provided).

19. Gwinnett County will cover the cost of consumables used in the shelter. (List has been provided)

20. Gwinnett County will provide the cost of IDEXX supplies such as Heartworm test, FIV testing kits and Parvo test.

21. Gwinnett County will provide vaccines used on shelter animals such as DHPPv, FVRCP, Rabies vaccines and Bordetella vaccines. In addition, Gwinnett County will provide emergency medication if needed.

22. Animal Welfare is requesting veterinarian technician’s services on County scheduled holidays when the shelter is closed, to provide medications to our short term and long-term cats and dogs in the shelter. With our goal to maintain a high live release rate, this is required to keep our animals healthy for placement through adoption, rescue or foster.

23. If any issues come about concerning the care and treatment of the animals at the Gwinnett County Bill Atkinson Animal Welfare Center by Animal Welfare and Enforcement Staff, or any actions of Animal Welfare and Enforcement staff, all service provider staff are required to bring those issues directly to the Director of Gwinnett County Animal Welfare and Enforcement for handling.

24. Animal Welfare requires an itemized summary detailing the allocation of funds. Such records shall be maintained in full and made available for review upon request at any time during the term of this Contract.

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25. Provide two staffing schedules. Each schedule should be for a minimum of a one-month period. Provide one schedule for a typical peak month which will include two (2) veterinarians (April-October, higher intake/population) and one schedule for a typical non-peak month (November-March, lower intake/population) as part of the proposal.

Veterinarian schedule must be maintained and communicated to the County.

26. All staffing changes must be communicated with the Gwinnett County Animal Welfare and Enforcement Division Director. This includes, but is not limited to, an increase or decrease in the number of staff.

27. The successful proposer is required to provide a resume for each veterinarian, veterinary assistant, and veterinary staff member, including fill ins and floaters for any and all staff additions prior to that staff member reporting for any duties at the Atkinson Animal Welfare Center.

28. The successful proposer shall keep records of each service provided which are sufficiently detailed to enable the County to verify services performed. Proposer and proposer’s staff agree to sign any and all forms necessary for verifying actions taken. The successful proposer shall be sufficiently knowledgeable and experienced to provide “expert testimony” in a court of law or similar setting when required.

29. Veterinarians shall be members in good standing with the Georgia Board of Veterinary Medical Examiners and the Drug Enforcement Administration and possess current licenses. Copies of all licenses shall be submitted with your proposal, and upon request throughout the contract term.

30. The County will require the service provider to conduct criminal background checks on all potential staff. The County reserves the right to reject and require substitution of any staff member with an unfavorable background.

31. Successful proposer shall provide a sufficient number of veterinarians, veterinary technicians and veterinary technician assistants licensed to practice veterinary medicine in Georgia. Such personnel should possess a reasonable amount of skill, diligence, training and experience in the performance of the required duties. A sufficient number of personnel should be provided to maintain operations of the Gwinnett County Animal Welfare & Enforcement Facility.

III. PERSONNEL

All personnel must adhere to the Gwinnett County Animal Control Ordinance. The ordinance can be found on the Gwinnett County website at:

https://www.gwinnettcounty.com/static/departments/animal_welfare/pdf/Animal_Control_Ordi nance.pdf.

https://www.gwinnettcounty.com/static/departments/animal_welfare/pdf/Animal_Control_Ordinance.pdf https://www.gwinnettcounty.com/static/departments/animal_welfare/pdf/Animal_Control_Ordinance.pdf

RP033-25 PAGE 5

The following shall be provided as part of the proposal:

• Schedule of proposed hours for two (2) veterinarian(s), veterinary assistant(s) and all other veterinary staff.

• Copy of Georgia Veterinary License for each staff member, including fills ins or floaters, who will be staffing the Gwinnett County Bill Atkinson Animal Welfare Center.

• Resume for each veterinarian, veterinary assistant, and veterinary staff member, including fill ins and floaters, who will be staffing the Bill Atkinson Animal Welfare Center. Animal Welfare is requesting veterinarian technician’s services on Sundays when the shelter is closed, to provide medications to our short term and long-term cats and dogs in the shelter. With our goal to maintain a high live release rate, this is required to keep our animals healthy for placement through adoption, rescue or foster.

No personnel shall speak or consult with the media on behalf of the Gwinnett County, the Department of Community Services and/or the Gwinnett Animal Welfare & Enforcement Division.

Any and all contact made by the media and/or other community program, group, campaign, promotion, advertiser, vendor, etc. shall be immediately reported in writing to the Gwinnett County Department of Community Services. No personnel shall participate in any social media conversation regarding the Gwinnett County Board of Commissioners, the Gwinnett County Department of Community Services, the Gwinnett County Animal Welfare & Enforcement Division, etc.

IV. DAYS AND HOURS OF SERVICES

The successful proposer will be required to conduct spay/neuter surgeries and veterinary care Monday through Saturday from 8 a.m. to shelter closing hours. All staff may be required to work after hours for emergences.

V. REFERENCES

The proposer should provide three (3) references of similar size and scope performed during the past five (5) years. If unable to provide three (3) references of similar size and scope, please provide a detailed explanation of previous veterinary staffing and business experience that supports your qualifications for this proposal.

VI. COMPENSATION

Services are to be provided on a contractual basis and Gwinnett County will provide no compensation beyond a monthly fee. The contractor shall be responsible for payment of any and all compensation and/or benefits to his/her employees.

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VII. AWARD AND EVALUATION OF PROPOSALS - SCORING CRITERIA

Proposals shall be scored based on the following evaluation criteria:

1. Qualifications and Responsiveness to Proposal

a. Depth and breadth of experience and expertise in spay/neuter clinic environments and services.

b. Responsiveness to the information requested in the Request for Proposal and demonstrated ability to perform the services described.

2. Staffing

a. Appropriate number of staff available to perform the services required as specified

b. Resumes, licenses, and certifications provided

3. Understanding and Approach

a. Strategy for handling the services under this contract

b. Understanding of the contractual services required

c. Sample Schedules provided

4. References

a. Demonstrated history of providing similar services to comparable entities

5. Cost Proposal

a. Cost (to be submitted in separate sealed envelope)

SELECTION PROCEDURES:

A selection committee will carefully evaluate all responses to this RFP. Proposals will be evaluated by section based on the responsiveness to the requirements of this RFP and the evaluation criteria as outlined below.

Gwinnett County reserves the right to reject any or all proposals, in whole or in part, to negotiate changes in the scope of services and to waive any technicalities as deemed in its best interest.

The Technical Proposals will be evaluated in order to select the firm(s) which rates highest according to the criteria elaborated above (Phase I, 1-4). The selection committee may then short list the highest scoring firm(s).

The Financial Offer of the short-listed firm(s) will then be opened and scored. The highest scoring firm may be selected at this point, or the committee may invite a number of the highest scoring firms to interview. The number of firms short listed and interviewed, if any, will be at the discretion of the selection committee.

If an interview is requested, it will be worth an additional 10 points in the selection process. The firms will be responsible for any cost associated with the request for additional information

RP033-25 PAGE 7

and/or an interview. If unable to reach an agreement with the highest scoring firm, the County may then negotiate with the second-ranked firm and so on until a satisfactory agreement has been reached or the County may terminate the process.

Criteria Points Phase I: Technical: Initially, proposals will be evaluated based on their relative responsiveness to the criteria described below and will be scored based on the point values as shown:

1 Qualifications and Responsiveness to Proposal 30

2 Staffing 25

3 Understanding and Approach 25

4 References 5

Sub-Total 85

Phase II: Cost Proposal: The Proposals will be evaluated in order to select the firms or teams which rate highest according to the criteria listed in Items 1-4 above. The selection committee may then short list the highest scoring firms.

The fees of the shortlisted firms will then be opened and scored.

Sub-Total 100 Phase III: Optional Interviews: Firms may be short-listed for further consideration.

At the Department’s discretion, interviews may be required of short-listed firms. If interviews are required, The County will issue information regarding format and desired areas of emphasis to all short-listed firms and 0-10 points will be assigned on the basis of interview results.

TOTAL 110

If a satisfactory Contract cannot be negotiated with the highest ranked proposer, negotiations may then be undertaken with the second ranked proposer and so on.

RP033-25 PAGE 8

COST PROPOSAL

(to be submitted in a separate sealed envelope)

Description Quantity Monthly Fee Annual Fee

All-inclusive Veterinary Medical Services for the

Animal Welfare & Enforcement Division

Year 1 (A) 12 months $ $

Year 2 (B) 12 months $ $

Year 3 (C) 12 months $ $

Year 4 (D) 12 months $ $

Year 5 (E) 12 months $ $

OVERALL TOTAL (A + B + C + D + E) $

The services to be performed under this Agreement shall commence on February 19, 2026 or upon notification of award. The initial term of this Agreement shall be through December 31, 2026. This Agreement shall terminate absolutely and without further obligation on the part of the County at the close of the calendar year of execution and at the close of each succeeding calendar year of renewal, if renewed. This Agreement shall be automatically renewed upon the same terms and conditions unless the County terminates the Agreement on the day of the close of the calendar year in which it was executed or within sixty

(60) days after the day of the close of the calendar year of execution or of each succeeding calendar year for which it may be renewed, for a total lifetime obligation of five (5) years. If applicable, title to any supplies, materials, equipment or other personal property shall remain in the vendor until fully paid for by the County. In addition, this Agreement will terminate immediately and absolutely when appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the County under the Agreement. Any obligation of the County hereunder is only for such sums payable during the calendar year of execution or each calendar year of renewal, if renewed.

Termination for Cause: The County may terminate this agreement for cause upon ten days prior written notice to the contractor of the contractor’s default in the performance of any term of this agreement. Such termination shall be without prejudice to any of the County’s rights or remedies by law.

Termination for Convenience: The County may terminate this agreement for its convenience at any time upon 30 days written notice to the contractor. In the event of the County’s termination of this agreement for convenience, the contractor will be paid for those services actually performed. Partially completed performance of the agreement will be compensated based upon a signed statement of completion to be submitted by the contractor, which shall itemize each element of performance.

COMPANY NAME: ______________________________________________________

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COST PROPOSAL CONTINUED

(to be submitted in a separate sealed envelope)

Certification of Non-Collusion in Bid Preparation

(Signature) (Date)

In compliance with the attached specifications, the undersigned offers and agrees, if this quote is accepted by the Board of Commissioners within one hundred and twenty (120) days of the date of quote opening, to furnish any or all of the items upon which prices are quoted, at the price set opposite each item, delivered to the designated point(s) within the time specified in the quote schedule. By submission of this quote, I understand that Gwinnett County uses Electronic Payments for remittance of goods and services. Vendors should select their preferred method of electronic payment upon notice of award. For more information on electronic payments, please refer to the Electronic Payment information in the instructions to vendors.

Legal Business Name

Address

Does your company currently have a location within Gwinnett County? Yes No

Representative Signature

Print Authorized Representative's Name

Telephone Number

Email Address

Contact Person __________________________________________________________________________________ (if someone other than the authorized representative listed above)

Telephone Number Email Address http://www.gwinnettcounty.com/portal/gwinnett/Departments/FinancialServices/Treasury/

RP033-25 PAGE 10

PROVIDER INFORMATION

Please include this page as part of the proposal document and NOT with the Cost Schedule.

Legal Business Name (If your company is an LLC, you must identify all principals to include addresses and phone numbers in your submittal)

Address

Does your company currently have a location within Gwinnett County? Yes No

Representative Signature

Printed Name

Telephone Number Fax Number

E-mail address

Contact Person _______________________________________________________________________________________ (if someone other than the authorized representative listed above)

Telephone Number Email Address

RP033-25 PAGE 11

FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN REJECTION OF PROPOSAL

REFERENCES

Provide three (3) satisfactory references where a scoping study has been completed with a scope and size similar as the proposed project within the past five (5) years. Each reference should include the customer name, address with current contact information, dates/duration of the project and a brief description of the project.

Note: References should be customized for each project, rather than submitting the same set of references for every project bid. The references listed should be of similar size and scope of the project being bid on. Do not submit a project list in lieu of this form.

1. Customer Name/Address

Brief Description of Project

Completion Date

Contract Amount $ Start Dates

Contact Person Telephone

E-Mail Address

2. Customer Name/Address

Completion Date

Contract Amount $ Start Date

3. Customer Name/Address

Completion Date

Contract Amount $ Start Date

Company Name

RP033-25 PAGE 12

GWINNETT COUNTY, GEORGIA

LIST OF SUBCONTRACTORS

I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors:

NAME AND ADDRESS

TYPE OF WORK

Company Name

RP033-25 PAGE 13

RP033-25, Provision of Veterinary Medical Services on a Multi-Year Contract

CONTRACTOR AFFIDAVIT AND AGREEMENT

(THIS FORM SHOULD BE FULLY COMPLETED AND RETURNED WITH YOUR SUBMITTAL)

By executing this affidavit, the undersigned contractor verifies its compliance with The Illegal Immigration

Reform Enhancements for 2013, stating affirmatively that the individual, firm, or corporation which is contracting with the Gwinnett County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security] to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act, in accordance with the applicability provisions and deadlines established therein.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services or the performance of labor pursuant to this contract with the Gwinnett County Board of Commissioners, contractor will secure from such subcontractor(s) similar verification of compliance with the Illegal Immigration Reform and Enforcement Act on the Subcontractor Affidavit provided in Rule 300-10-01- .08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Gwinnett County Board of Commissioners at the time the subcontractor(s) is retained to perform such service.

E-Verify * User Identification Number Date Registered

Legal Company Name

Street Address

City/State/Zip Code

BY: Authorized Officer or Agent Date (Contractor Signature)

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

_______ DAY OF ______________________, 20_______

Notary Public My Commission Expires: ___________________________

* As of the effective date of O.C.G.A. 13-10-91, the applicable federal work authorization program is “E-Verify” operated by the U.S.

Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA).

For Gwinnett County Use Only:

Document ID #________________

Issue Date: ___________________

Initials: ______________________

RP033-25 PAGE 14

CODE OF ETHICS AFFIDAVIT

PLEASE RETURN THIS FORM COMPLETED WITH YOUR SUBMITTAL. SUBMITTED FORMS ARE REQUIRED

PRIOR TO EVALUATION.

In accordance with Section 54-33 of the Gwinnett County Code of Ordinances the undersigned bidder/proposer makes the following full and complete disclosure under oath, to the best of their knowledge, of the name(s) of all elected officials whom it employs or who have a direct or indirect pecuniary interest in or with the vendor, its affiliates or its subcontractors:

1. __________________________________________________________________________________________ Company Submitting Bid/Proposal

2. Please select one of the following:

No information to disclose (complete only section 4 below)

Disclosed information below (complete section 3 & section 4 below)

3. If additional space is required, please attach list:

Gwinnett County Elected Official Name Gwinnett County Elected Official Name

Gwinnett County Elected Official Name Gwinnett County Elected Official Name

4. BY:

Authorized Officer or Agent Signature

Sworn to and subscribed before me this

RP033-25 PAGE 15

PROFESSIONAL SERVICES INSURANCE REQUIREMENTS

Insurance:

Contractor shall provide evidence of insurance for at least the coverage and amounts set forth below. All insurance shall be maintained in the form and with a company (or companies) satisfactory to the Gwinnett County Board of Commissioners. The Contractor and their Subcontractor’s/Vendor’s Certificate of Insurance shall require that the County be notified in writing thirty (30) days prior to cancellation, modification or non-renewal of any insurance policy listed on Certificate. Upon request, Contractor shall provide the County with certified copies of all required insurance policies.

A. Minimum Coverage

Commercial General Liability (Occurrence Form):

General Aggregate (other than Prod/Comp Ops Liability) $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal & Advertising Injury Liability $1,000,000 Each Occurrence $1,000,000

• Gwinnett County Board of Commissioners to be named as Additional Insured

• Additional Insured Endorsement CG 20 10 (edition dates of 07/04, 04/13, 12/19 or a substitute endorsement providing equivalent coverage) and CG 2037 (edition dates of 07/04, 04/13, 12/19 or a substitute endorsement providing equivalent coverage) must be provided with your Certificate of Insurance.)

• Primary and Non-Contributory Endorsement to be specified in writing

• Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04)

• Contractual Liability

• Broad Form Property Damage

• Severability of Interest

• Underground, explosion, and collapse coverage

• Personal Injury (deleting both contractual and employee exclusions)

• Incidental Medical Malpractice

• Hostile Fire Pollution Wording

• Include Waiver of Subrogation in favor of Gwinnett County Board of Commissioners

• If project or operations are within 50 ft of a railroad, Contractor is required to name the specific Railroad as an Additional Insured and provide a copy of the Additional Insured Endorsement CG2417 or its equivalent.

• In the event the General Liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of five (5) years or applicable statute of limitation period following completion of the work.

Automobile Liability to include:

Combined Single Limit – Each Accident $1,000,000

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• Comprehensive form providing coverage for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of all owned, non-owned, leased, hired, borrowed vehicles, and any other statutorily required automobile coverage.

• Gwinnett County Board of Commissioners to be named as Additional Insured

• Additional Insured Endorsements must be provided with the Certificate of Insurance

• Coverage to include loading and unloading

• Contractual Liability

Worker’s Compensation & Employer’s Liability Coverage to include:

Workers Compensation Georgia State Statutory Limits Employers Liability

Bodily Injury by Accident – Each Accident $ 500,000 Bodily Injury by Disease – Policy Limit $ 500,000

Bodily Injury by Disease – Each Employee $ 500,000

• Waiver of Subrogation in favor of Gwinnett County Board of Commissioners

Umbrella/Excess Liability Insurance with policy limits as determined by Contract Sums (higher limits may be required depending on the extent of contract):

Each Occurrence and Aggregate Limit $1,000,000

• Gwinnett County Board of Commissioners to be named as Additional Insured

• Additional Insured Endorsements must be provided with the Certificate of Insurance

• Concurrency of Effective Dates with Primary

• Blanket Contractual Liability

• Drop Down Feature

• Umbrella Policy must be as broad as the primary policy.

• Coverage excess over General Liability, Business Auto Liability, and Employers Liability

• In the event the Umbrella/Excess Liability insurance required by this Contract is written on a claims- made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of five (5) years or applicable statute of limitation period following completion of the work.

Professional Liability (Errors and Omissions):

Claim/Wrongful Act: $1,000,000 limit of insurance General Aggregate: $2,000,000 limit of insurance

• In the event that any professional liability insurance required by this Contract is written on a claims- made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained, or an extended discovery period will be

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exercised for a period of five (5) years or applicable statute of limitation period following completion of the work, unless such coverage becomes unavailable in the market on a commercially reasonable basis, in which case the Contractor shall notify the Insurance Manager. If the Director of the Department for which the Contractor is doing the work and the Insurance Manager both agree that such coverage is not commercially reasonably available (such agreement not to be unreasonably withheld), the Contractor may for the period such coverage is not commercially reasonably available, elect not to provide such coverage.

Crime or Fidelity Insurance:

Limit of Insurance $1,000,000

• The Contractor shall maintain employee dishonesty and computer fraud coverage including, but not limited to, dishonest acts of Contractor, its employees, agents, subcontractors and anyone under Contractor’s supervision or control.

• Contractor shall be liable for money, securities, or other property of County

• Such coverage shall include an owner coverage endorsement for County and County shall be included as a loss payee.

Cyber Liability Insurance: Applies if scope of work includes the storage or transfer of any County data or sensitive data, including but not limited to personally identifiable, health, or payment card data or the related hosting of database(s) or internet site(s):

Limit of Insurance per Claim $1,000,000 Aggregate Limit $1,000,000

• The Contractor shall maintain insurance coverage for network security and privacy risks, including, but not limited to, insurance for data breach or introduction of virus or malicious codes, consumer notification, whether or not required by law, forensic investigation, public relations and crisis management and credit or identity monitoring or similar remediation services, unauthorized access, failure of security information theft, damage to destruction of or alteration of electronic information, breach of privacy perils, wrongful disclosure and release of private information, collection, or other negligence in the handling of confidential information, and including coverage for related regulatory fines, defenses, and penalties allowed by law.

B. Gwinnett County Board of Commissioners (and any applicable Authority) must be specified in writing as an additional insured on General Liability, Auto Liability, Umbrella Liability, Pollution, Crane and Aviation (if applicable) policies.

C. Gwinnett County should be provided with a minimum of 30 days advance written notice of cancellation, material change, or non-renewal of policies required by the contract.

D. Certificate Holder should read:

Gwinnett County Board of Commissioners 75 Langley Drive Lawrenceville, GA 30046-6935

E. Insurance Company, except Worker' Compensation carrier, must have an A.M. Best Rating of A-10 or higher. Certain Workers' Comp funds may be acceptable by the approval of the Insurance Unit. European markets including those based in London and domestic surplus lines markets that operate on a non-admitted basis are exempt from this requirement

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provided that the contractor’s broker/agent can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best’s rating of A-10 or better.

F. Insurance companies providing coverage should be licensed, and authorized to do business by the Office of the Insurance and Safety Fire Commissioner of Georgia (“Insurance Commissioner”), with the exception of non- admitted carriers, in which case the broker placing coverage should be licensed by the Insurance Commissioner. All agents placing coverage should be licensed by the Insurance Commissioner, either as a resident or non- resident.

*See above note regarding Professional Liability

G. Certificates of Insurance, and any subsequent renewals, must reference each corresponding bid/contract by project name and project/bid number.

H. The Contractor shall agree to provide complete certified copies of current insurance policy(ies) or a certified letter from the insurance company(ies) if requested by the County to verify compliance with these insurance requirements.

I. All insurance coverage required to be provided by the Contractor will state that it is primary over any insurance program carried by the County.

J. Contractor shall incorporate a copy of the insurance requirements as herein provided in each and every subcontract with each and every Subcontractor in any tier and shall require each and every Subcontractor of any tier to comply with all such requirements. Contractor agrees that if for any reason Subcontractor fails to procure and maintain insurance as required, all such required Insurance shall be procured and maintained by Contractor at Contractor's expense.

K. No Contractor or Subcontractor shall commence any work of any kind under this Contract until all insurance requirements contained in this Contract have been complied with and until evidence of such compliance satisfactory to Gwinnett County as to form and content has been filed with Gwinnett County. The ACORD Certificate of Insurance or a preapproved substitute is the required form in all cases where reference is made to a Certificate of Insurance or an approved substitute.

L. The Contractor and its insurer(s) shall agree to waive all rights of subrogation against the

County, the Board of Commissioners, its officers, officials, employees, and volunteers from losses arising from work performed by the contractor for the County.

M. Special Form Contractors’ Equipment and Contents Insurance covering owned, used, and leased equipment, tools, supplies, and contents is required to perform the services called for in the Contract. The coverage must be on a replacement cost basis. The County will be included as a Loss Payee in this coverage for County owned equipment, tools, supplies, and contents.

N. The Contractor shall make available to the County, through its records or records of its insurer, information regarding any claim related to a County project. Any loss run information available from the contractor or their insurer relating to a County project shall be made available to the County upon its request.

O. Compliance by the Contractor and all Subcontractors with the foregoing insurance requirements shall not relieve the Contractor and Subcontractors of liability under the Contract and any applicable law.

P. The Contractor and all Subcontractors are to comply with the Occupational Safety and Health Act of 1970, Public Law 91-956, and any other laws that may apply to this Contract.

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Q. The Contractor shall at a minimum apply risk management practices accepted by the Contractor’s industry.

R. The Contractor shall advise the County if required limits of insurance become eroded or impaired.

Surety Bonds (if required) All of the surety requirements will stay the same except the Surety Company must have the same rating as set forth in item E above.

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GENERAL CONDITIONS

To Service Provider AGREEMENT

Article

1 Definitions

2 Contract Documents

3 Changes and Extra Work

4 Personnel and Equipment

5 Accuracy of Work

6 Findings Confidential

7 Termination of Agreement for Cause

8 Termination for Convenience of the COUNTY

9 SERVICE PROVIDER to Cooperate with other SERVICE PROVIDERS

10 Indemnification

11 Covenant Against Contingent Fees

12 Insurance

13 Prohibited Interests

14 Subcontracting

15 Assignability

16 Equal Employment Opportunity

17 Anti-Kickback Clause

18 Audits and Inspectors

19 Ownership, Publication, Reproduction and Use

20 Verbal Agreement or Conversation

21 Independent Service provider

22 Notices

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1 DEFINITIONS

Wherever used in this Agreement, whether in the singular or in the plural, the following terms shall have the following meanings:

1.1 COUNTY-means Gwinnett County, Georgia, a political subdivision of the State of Georgia.

1.2 SUPPLEMENTAL AGREEMENT-means a written order to SERVICE PROVIDER signed by COUNTY and accepted by SERVICE PROVIDER, effecting an addition, deletion or revision in the Work, or an adjustment in the Agreement Price or the Contract Time, issued after execution of this Agreement.

1.3 CONTRACT-means the Agreement Documents specifically identified and incorporated herein by reference in Section 2, CONTRACT DOCUMENTS.

1.4 AGREEMENT EXECUTION-means the date on which SERVICE PROVIDER executes and enters into an Agreement with the COUNTY to perform the Work.

1.5 AGREEMENT PRICE-means the total monies, adjusted in accordance with any provision herein, payable to the SERVICE PROVIDER under this Agreement.

1.6 CONTRACT TIME-means the period of time stated in this Agreement for the completion of the Work.

1.7 SERVICE PROVIDER-means the party or parties contracting directly with the

COUNTY to perform Work pursuant to this Agreement.

1.8 DEPARTMENT- means the Director or designee of requesting department(s) named in this solicitation.

1.9 DRAWINGS-means collectively, all the drawings, receipt of which is acknowledged by the COUNTY, listed in this Agreement, and also such supplementary drawings as the SERVICE PROVIDER may issue from time to time in order to clarify or explain such drawing or to show details which are not shown thereon.

1.10 SPECIFICATIONS-means the written technical provisions including all appendices thereto, both general and specific, which form a part of the Agreement Documents.

1.11 SUBSERVICE PROVIDER-means any person, firm, partnership, joint venture, company, corporation, or entity having a contractual agreement with SERVICE PROVIDER or with any of its subservice providers at any tier to provide a part of the Work called for by this Agreement.

1.12 WORK-means any and all obligations, duties and responsibilities, including furnishing equipment, engineering, design, workmanship, labor and any other services or things necessary to the successful completion of the Project, assigned to or undertaken by SERVICE PROVIDER under this Agreement.

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1.13 LIAISON-Representative of the COUNTY who shall act as Liaison between the County and the SERVICE PROVIDER for all matters pertaining to this Agreement, including review of SERVICE PROVIDER'S plans and work.

2 CONTRACT DOCUMENTS

2.1 LIST OF DOCUMENTS

The Agreement, any required bonds, the General Conditions, the Appendices, the Detailed Scope of Work, the Specifications, the Drawings, the Exhibits, and all Agreement Supplemental Agreements shall constitute the Agreement Documents.

2.2 CONFLICT AND PRECEDENCE

2.2.1 The Agreement Documents are complementary, and what is called for by one is as binding as if called for by all. In the event there are any conflicting provisions or requirements in the component parts of this Agreement, the several Agreement Documents shall take precedence in the following order:

1. Supplemental Agreements

2. Agreement

3. General Conditions

4. Detailed Scope of Work

5. Specifications

6. Drawings

3 CHANGES AND EXTRA WORK

The COUNTY may, at any time, request changes in the work to be performed hereunder. All such changes, including any increase or decrease in the amount of the SERVICE PROVIDER'S compensation, which are mutually agreed upon by and between the COUNTY and the SERVICE PROVIDER, shall be incorporated in written Supplemental Agreements to the Agreement.

4 PERSONNEL AND EQUIPMENT

The SERVICE PROVIDER represents that it has secured or will secure, at its own expense, all personnel necessary to complete this Agreement; none of whom shall be employees of, or have any contractual relationship with, the COUNTY. Primary liaison with the COUNTY will be through its designee. All of the services required hereunder will be performed by the SERVICE PROVIDER under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under law to perform such services.

The SERVICE PROVIDER shall employ only persons duly registered in the appropriate category in responsible charge of supervision and design of the work; and further shall employ only qualified surveyors in responsible charge of any survey work.

The SERVICE PROVIDER shall endorse all reports, contract plans, and survey data. Such endorsements shall be made by a person duly registered in the appropriate category by the

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Georgia State Board of Registration, being in the full employ of the SERVICE PROVIDER and responsible for the work prescribed by this Agreement.

5 ACCURACY OF WORK

The SERVICE PROVIDER shall be responsible for the accuracy of the work and shall promptly correct errors and omissions in its plans and specifications without additional compensations.

Acceptance of the work by the COUNTY will not relieve the SERVICE PROVIDER of the responsibility for subsequent correction of any errors and the clarification of any ambiguities.

6 FINDINGS CONFIDENTIAL

The SERVICE PROVIDER agrees that its conclusions and any reports are for the confidential information of the COUNTY and that it will not disclose its conclusions in whole or in part to any persons whatsoever, other than to submit its written documentation to the COUNTY, and will only discuss the same with it or its authorized representatives. Upon completion of this Agreement term, all documents, reports, maps, data and studies prepared by the SERVICE PROVIDER pursuant thereto shall become the property of the COUNTY and be delivered to the DEPARTMENT.

Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of the work conducted under this Agreement shall not be presented publicly or published without prior approval in writing of the COUNTY.

It is further agreed that if any information concerning the PROJECT, its conduct, results, or data gathered or processed should be released by the SERVICE PROVIDER without prior approval from the COUNTY, the release of same shall constitute grounds for termination of this Agreement without indemnity to the SERVICE PROVIDER, but should any such information be released by the COUNTY or by the SERVICE PROVIDER with such prior written approval, the same shall be regarded as public information and no longer subject to the restrictions of this Agreement.

7 TERMINATION OF AGREEMENT FOR CAUSE

If through any cause the SERVICE PROVIDER shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the SERVICE PROVIDER shall violate any of the covenants, agreements or stipulations of this Agreement, the COUNTY shall thereupon have the right to terminate this Agreement by giving written notice to the SERVICE PROVIDER of such termination, and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. Failure to maintain the scheduled level of effort as proposed and prescribed, or deviation from the aforesaid scheduler without prior approval of the COUNTY shall constitute cause for termination. In such event, all finished or unfinished documents, maps, data, studies, work papers and reports prepared by the SERVICE PROVIDER under this Agreement shall become the property of the COUNTY, and the SERVICE PROVIDER shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents, as determined by the COUNTY.

8 TERMINATION FOR CONVENIENCE OF THE COUNTY

The COUNTY may terminate this Agreement for its convenience at any time upon 30 days notice

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in writing to the SERVICE PROVIDER. If the Agreement is terminated by the COUNTY as provided in this Article 8, the SERVICE PROVIDER will be paid compensation for those services actually performed. Partially completed tasks will be compensated for based on a signed statement of completion to be submitted by the SERVICE PROVIDER which shall itemize each task element and briefly state what work has been completed and what work remains to be done.

All such expenses shall be properly documented and submitted to the COUNTY for processing and payment. The County shall be the final authority in the event of any disputes over authorized costs between the COUNTY and the Service Provider.

9 SERVICE PROVIDERS TO COOPERATE WITH OTHER SERVICE PROVIDERS

If the COUNTY undertakes or awards other contracts for additional related work, the SERVICE PROVIDER shall fully cooperate with such other SERVICE PROVIDERS and the COUNTY employees or appointed committee(s), and carefully fit its own work to such additional work as may be directed by the COUNTY. The SERVICE PROVIDER shall not commit or permit any act which will interfere with the performance of work by any other SERVICE PROVIDER or COUNTY employees.

10 INDEMNIFICATION

SERVICE PROVIDER agrees to protect, defend, indemnify, and hold harmless the COUNTY, its commissioners, officers, agents and employees from and against any and all liability, damages, claims, suits, liens, and judgments, for whatever nature, including claims for contribution and/or indemnification, for injuries to or death of any person or persons, or damage to the property or other rights of any person or persons to the extent arising out of and attributed to the negligent acts, errors or omissions of the SERVICE PROVIDER. SERVICE PROVIDER'S obligation to protect, defend, indemnify, and hold harmless, as set forth herein above shall include any matter arising out of any patent, trademark, copyright, or service mark, or any actual or alleged unfair competition disparagement of product or service, or other business tort of any type whatsoever, or any actual or alleged violation of trade regulations.

SERVICE PROVIDER further agrees to protect, defend, indemnify, and hold harmless the COUNTY, its commissioners, officers, agents, and employees from and against any and all claims or liability for compensation under the Worker's Compensation Act arising out of injuries sustained by any employee of the SERVICE PROVIDER.

11 COVENANT AGAINST CONTINGENT FEES

The SERVICE PROVIDER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by SERVICE PROVIDER for the purpose of securing business and that the SERVICE PROVIDER has not received any non-COUNTY fee related to this Agreement without the prior written consent of the COUNTY. For breach or violation of this warranty, the COUNTY shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee.

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12 INSURANCE

The SERVICE PROVIDER shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an insurance policy (s) that will ensure and indemnify both GWINNETT COUNTY and SERVICE PROVIDER against liability or financial loss resulting from injuries occurring…