Ancil_Hoffman_Golf_Course_-_Operations_and_Maintenance.pdf

REQUEST FOR PROPOSAL

2022-RFP-0067

ANCIL HOFFMAN GOLF COURSE - OPERATIONS AND

MAINTENANCE

County of Sacramento

9660 Ecology Lane

Sacramento, CA 95827

RELEASE DATE: July 1, 2022

DEADLINE FOR QUESTIONS: July 11, 2022

RESPONSE DEADLINE: July 21, 2022, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/saccounty https://secure.procurenow.com/portal/%7bproject.government.code%7d

County of Sacramento

REQUEST FOR PROPOSAL

Ancil Hoffman Golf Course - Operations and Maintenance

I. Definitions II. Introduction

III. Proposer's Instructions IV. Basis for Award V. Final Acceptance

VI. Project Details VII. Vendor Submissions

VIII. Sacramento County General Terms and conditions IX. Additional Terms and Conditions X. Environmental Purchasing Policy

XI. Insurance Requirements for Contractors XII. Good Neighbor Policy

XIII. Web Accessibility Policy

Attachments:

A - 2022 AHGC RFP Attach A Policy and Procedure Manual

B - 2022 AHGC RFP Attach B Sample Agreement - Copy

Request for Proposal #2022-RFP-0067 Title: Ancil Hoffman Golf Course - Operations and Maintenance

1. DEFINITIONS

Response: The written, signed and sealed complete document(s) submitted according to the proposal instructions. Response does not include any verbal or documentary interaction apart from submittal of a formal Response.

Request/Proposal/Bid: The completed and released solicitation, including all subsequent addenda, made publicly available to all prospective proposers.

We/Us/Our: Terms that refer to the County of Sacramento, a duly organized public entity. They may also be used as pronouns for various subsets of the County organization, including, as the context will indicate:

• Purchasing - the Contracts and Purchasing Services Division of the Department of General

Services.

• Department/Division – The department or division requesting the goods or services contained in this request, for which this PROPOSAL is prepared and which will be the end user of the requested goods or services.

• Constituency – the client base or County population which may benefit from the procurement of goods and/or services requested herein.

You/Your: Terms that refer to businesses/individuals submitting a response. The term may apply differently as the context will indicate.

• Supplier - A business entity engaged in the business of providing services.

• Proposer - A business entity submitting a Response to this proposal. Suppliers which may express interest in this proposal, but who do not submit a Response, have no obligations with respect to the proposal requirements.

• Contractor - The Proposer(s) whose Response to this proposal is evaluated as meeting the needs of the County. Contractor(s) will be selected for award, and will enter into a contract(s) for provision of the services described in this proposal.

• Contractor’s Employee - All persons who can be offered to provide the services described in the proposal. All employees of the Contractor shall be covered by the insurance programs normally provided to persons employed by a company (ex: Worker’s Comp, SDI, etc.).

Mandatory: A required element of this request/proposal/bid. Failure to satisfy any element of this request/proposal/bid defined as “mandatory” will disqualify the particular response.

Default: A failure to act as required by any contract resulting from this request, which may trigger the right to sue or may excuse the other party's obligation to perform under the contract.

Cancellation/Termination: A unilateral or mutual decision to not complete an exchange or perform an obligation under any contract resulting from this request.

“Or Equal”: A statement used for reference to indicate the character or quality desired in a requested product or service. When specified in a proposal document, equal items will be considered, provided the response clearly describes the article. Offers of equal items must state the brand and number, or level of quality. When brand, number, or level of quality is not stated by proposer, the offer will be considered exactly as specified. The determination of the Purchasing Agent as to what items are equal is final and conclusive.

2. INTRODUCTION

2.1. Summary

The County is seeking a golf course management company to assume responsibility for the following operations associated with the Ancil Hoffman golf course:

• Formulation and implementation of operating programs, business plans, and budgets

• Starter services, course marshalling services and tee time reservations

• Pro shop operations and cart rentals

• Food and beverage service, including alcohol beverage service and banquets

• Grounds, building and golf course maintenance to County specifications

• Administration of all contract personnel including employment, training and terminations

• Collection and accounting of all revenues in a timely and secure manner

• Payment and accounting of all expenses in a timely manner

• Preparation of daily, monthly and annual financial operating statements

The County will retain responsibility for the following:

• Administration of all terms and conditions of the contract

• Establishing fees and golf course operating policies

• Monitoring standards, specifications and operating policies

• Budget approval

• Prior approval of any and all expenses not budgeted

• Prior approval of any alterations to existing facilities

• Establishment and management of Capital Improvement Program and construction projects

• Determination and funding of necessary equipment

2.2. Background

Ancil Hoffman Golf Course is located with Ancil Hoffman Park at 6700 Tarshes Dr in Carmchael, CA.

Owned by the County of Sacramento and managed by the Department of Regional Parks, the golf operations including Pro Shop and Food and Beverage Concessions are operated by a Fee Manager.

Maintenance of the facility including fairways and greens has been done by County staff.

Legendary Golf Course Architect William Francis Bell designed the serene and challenging Ancil Hoffman

Golf Course in 1965 for the Sacramento County. Bell, an extremely talented and prolific golf course designer, built nearly 200 golf courses during his lifetime. Most of Bell's courses are located throughout the western United States, and also on some islands in the Pacific Ocean.

2.3. Contact Information

Project Contact:

Bill Wetzel

ASO2

10361 Rockingham Dr

Ste 100

Sacramento, CA 95827

Email: wetzelb@saccounty.gov

Phone: (916) 875-7299

Procurement Contact:

Bill Wetzel

ASO2

10361 Rockingham Dr

Ste 100

Sacramento, CA 95827

Email: wetzelb@saccounty.gov

Phone: (916) 875-7299

Department:

Regional Parks

Department Head:

Liz Bellas

Director

2.4. Timeline

Timeline for possible issuance of a contract is TBD.

Release Project Date July 1, 2022

Pre-Bid Meeting (Mandatory) July 6, 2022, 9:00am

Ancil Hoffman Golf Course Pro Shop

6700 Tarshes Dr

Carmichael, CA 95608

Question Submission Deadline July 11, 2022, 3:00pm

Addendum Issued (if necessary) July 13, 2022, 5:00pm mailto:wetzelb@saccounty.gov tel:(916)875-7299 mailto:wetzelb@saccounty.gov tel:(916)875-7299

Submission Deadline July 21, 2022, 3:00pm

3. PROPOSER'S INSTRUCTIONS

General Format: Respond to all requests for information and completion of forms contained in this

Request for Proposal. You may use additional sheets as necessary. A qualifying response must address all items. Brochures and advertisements will not be considered a complete reply to requests for information and will not be accepted as such. Proposer is solely responsible for accuracy and completeness of proposal response and for electronically separating confidential documents when submitting their response through SacCountyEbids. Responses considered incomplete may be rejected.

Alteration of Proposal Text: the original text of this proposal document, as well as any attachments, amendments or other official correspondence related to this proposal document, may not be manually, electronically or otherwise altered by proposer or proposer’s agent(s). Any response containing altered, deleted, additional or otherwise non-original text will be disqualified.

Preparation of Response:

A. All responses must be signed by an authorized officer or employee of the responder.

B. Responses must be submitted prior to the specified date and time, using the SacCountyEbids.

Responses delivered by hand, fax, telephone, e-mail, or any postal carrier will not be accepted. If bidder uploads a file to SacCountyEbids, it is bidder responsibility to ensure the file is not corrupt or damaged. If County is unable to open an attachment because it is damaged, corrupt, infected, etc., it may disqualify bidder’s submission. See this training guide for guidance entering your online response.

C. Time of delivery must be stated as the number of calendar days following receipt of the order by the proposer to receipt of the goods or services by the County.

D. Time of delivery may be a consideration in the award.

E. Prices will be considered as net if no cash discount is offered. If a discrepancy between the unit price and the item total exists, the unit price prevails.

F. Shipping Terms: N/A; Payment Terms: NET/30.

Confidential Information/Public Record: All responses become property of the County. All responses, including the accepted proposal and any subsequent contract, become public records per the requirements of the California Government Code, Sections 6250 -6270, “California Public Records Act”.

Proprietary material must be clearly marked as such. Pricing and service elements of the successful proposal are not considered proprietary information.

The County will treat all information submitted in a proposal as available for public inspection once the

County has selected a contractor. If you believe that you have a legally justifiable basis under the

California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within your proposal, you must identify any such information, together with the legal basis of your claim in your proposal, and present such information separately (see "Confidential" section in Vendor Submissions) as part of your response package.

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The final determination as to whether the County will assert your claim of confidentiality on your behalf shall be at the sole discretion of the County. If the County makes a determination that your information does not meet the criteria for confidentiality, you will be notified as such. Any information deemed to be non-confidential shall be considered public record.

4. BASIS FOR AWARD

This proposal award will be determined by factors other than price alone. The County’s sole purpose in the evaluation process is to determine from among the Responses received, which one is best suited to meet the County’s needs. Any final analysis or weighted point score does not imply that one proposal is superior to another, but simply that in our judgment the proposal(s) we select offer(s) the best overall solution for our current and anticipated needs. The County reserves the right to make modifications to any scoring and/or weight structure prior to the evaluation of responses. The responses will remain sealed during the proposal evaluation period, and will be made available for public inspection upon notice of proposal award.

Bid responses will be considered valid for a period of 120 calendar days after bid closing date above.

Note: All specifications, terms and conditions of this request will apply to any resulting order.

4.1. Evaluation Criteria

The County is interested in selecting a qualified firm with the ability to maximize net income to the

County while providing a well-maintained golf facility and a quality golf experience. The following criteria will bear significant weight on the selection. Experience and capabilities must be verified and documented.

Experience in golf course operations

Financial stability

Operational capabilities stressing the ability to provide the following services:

o Golf Course, building and landscape maintenance o Food and beverage services, including alcohol sales and banquet service o Golf professional tee times o Retail sales and lessons

County financial benefits (net benefit to the County based upon the proposed management fees and terms)

History of customer service, and approach toward measuring and achieving customer satisfaction

History of compliance with obligations and responsibilities assumed for similar golf course operations

Intended management team and staffing levels including benefits package

Nature and extent of the golf programs and related services to be offered to the public, including a plan to maximize public use of facilities

5. FINAL ACCEPTANCE

Equipment/Supplies/Services

The County of Sacramento will agree to final acceptance only after the supplied equipment, product or service is tested and is found to perform within acceptable standards of operation, is in compliance with all published and implied performance standards, and is considered by the County to be ready for practical application.

6. PROJECT DETAILS

6.1. Important Instructions for Electronic Submittal

The County is accepting electronic bid submissions. Bidders shall create a FREE account with

ProcureNow by signing up at https://secure.procurenow.com/signup. Once you have completed account registration, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic bid.

6.2. Scope of Work or Project Details

The County is seeking a golf course management company to assume responsibility for the following operations associated with the Ancil Hoffman golf course:

• Formulation and implementation of operating programs, business plans, and budgets

• Starter services, course marshalling services and tee time reservations

• Pro shop operations and cart rentals

• Food and beverage service, including alcohol beverage service and banquets

• Grounds, building and golf course maintenance to County specifications

• Administration of all contract personnel including employment, training and terminations

• Collection and accounting of all revenues in a timely and secure manner

• Payment and accounting of all expenses in a timely manner

• Preparation of daily, monthly and annual financial operating statements

The County will retain responsibility for the following:

• Administration of all terms and conditions of the contract

• Establishing fees and golf course operating policies

• Monitoring standards, specifications and operating policies

• Budget approval

• Prior approval of any and all expenses not budgeted

• Prior approval of any alterations to existing facilities

• Establishment and management of Capital Improvement Program and construction projects

• Determination and funding of necessary equipment

Timeline for awarding contract is to be determined.

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The County of Sacramento's fiscal year 2022-2023 budget includes funding for replacement equipment

(mowers, debris sweeper, trencher, etc) for maintenance of Ancil Hoffman Golf Course. The County intends to purchase the equipment as budgeted, and the usage of this equipment is subject to negotiation.

6.3. Terms of Agreement

1. Management Fee for Operations

Under the terms of a Fee-for-Service Management Contract, the operator will be paid a guaranteed annual management fee, plus an incentive management fee based on a percentage of gross operating revenue. According to the County’s Bond Counsel the maximum amount of the incentive payment cannot exceed 50% of total management compensation.

a. Proposal for a Concession/Management Fee Option

Proposer may propose a Concession Agreement option for food and beverage services, as long as the pro shop and food and beverage services are the responsibility of a single on-site manager, and the term of the agreement is the same as the management fee agreement.

b. Alcohol Service Agreement

The operator may provide alcohol beverage services under the terms and conditions of a separate agreement. Alcohol service can be a separate contractual agreement and will not be included as an

“Incentive” fee.

2. Construction Projects

The successful proposer may be requested to manage construction of capital improvement projects.

3. Term of Agreement

To remain in conformance with IRS guidelines relating to tax-exempt bond-financed facilities, the

County’s Bond Counsel has advised that the County may enter into a contract relating to the management of the course provided that the contract has a term, including renewal options, of not more than five years.

4. Management of Operating Revenues and Expenses

The operator shall establish a bank account to pay all operating expenses. The County shall allocate funds to the manager on a regular basis for operations based upon the approved budget. Every month management shall provide the County with financial statements detailing operations including all cash receipts and disbursements.

5. Capital Improvement Fund

A capital improvement reserve fund is established by the County for capital improvement projects, revenues permitting. The fund is to be used for any individual repairs, replacements or improvements valued in excess of $10,000, including materials and labor. Improvements under $10,000 will be expended by the operator out of normal budgeted funds.

The operator will assess needs, make recommendations for necessary improvements, and help develop action plans and budgets to assist the County and expedite golf course capital improvements.

6. County Golf Policy and Procedures

The operator will provide a level of service at least equal to the standards of the current operator and consistent with the other two county courses, Mather and Ancil Hoffman golf courses. The course shall be operated as a public facility in a nondiscriminatory manner.

7. Days and Hours of Operation

The golf course and restaurant shall be open on a daily basis, from dawn to dusk, with the exception of closures due to inclement weather conditions and a holiday schedule that is approved annually by the

Recreation and Park Commission.

8. Green Fees

The County employs a system-wide green fee schedule for its courses. Green fees are evaluated routinely by Course Affairs Committees, Fee Managers and Parks staff. Parks Director has the authority to establish and change the fee schedule within boundaries established by the Board of Supervisors. The current golfing fees at the existing courses are available on line at http://www.regionalparks.saccounty.net

6.4. Selection Process

Responsive proposals received at the designated location at or prior to the submittal deadline will be reviewed by a Selection Screening Panel, a panel comprised of members of the golfing community and

County staff. The Selection Screening Panel will, at its sole and absolute discretion, determine the proposers to be interviewed.

Selected proposers may be invited to participate in an interview conducted by a Selection Advisory

Committee, another group comprised of golfing community members and County staff. Each proposer must be represented by the individual who will be the prime contact person to the County and any other individuals whom the proposer may select. The results of the Selection Advisory Committee’s evaluation of the firm, proposal and interview will result in a ranking of the proposers.

The highest ranked proposers will be further evaluated through financial analysis, reference checks, and possible site inspections (of courses within driving distance if available) of selected courses currently operated by the firm under consideration.

The Parks Director may enter into negotiations with one or more of the proposers. Such negotiations, utilizing the Sample Agreement (Attachment B), are intended to result in an agreement deemed to be in the best interests of the County. The proposed agreement will be forwarded to the County Board of

Supervisors for approval.

The Board of Supervisors, County of Sacramento, reserves the right, without limitation, to:

• Reject any or all proposals;

http://www.regionalparks.saccounty.net/

• Waive any minor defects, irregularities or informalities in any proposal or the procedures and requirements set forth herein;

• Negotiate and contract with any proposer, or with any other person or entity that has submitted a proposal, on the same or different terms from those set forth in this request for proposal and the associated documents and exhibits;

• Determine in its sole discretion which proposal, if any, should be accepted;

• Cancel award of this agreement; and

• Re-advertise for new proposals, all as the public good may require.

7. VENDOR SUBMISSIONS

7.1. Proposal Requirements*

Did you read through and confirm that you met all of the proposal requirements?

☐ Yes

☐ No

*Response required

7.2. Please confirm that your company will accept the County's contract terms and conditions

☐ Please confirm

7.3. Please download Forms F, G and H

Please download the below documents, complete, and upload as part of your proposal or confidential documents (as appropriate).

• 2022_AHGC_RFP_Form_F_Statem...

• 2022_AHGC_RFP_Form_G_Affida...

• 2022_AHGC_RFP_Form_H_Income...

7.4. Risk Assessment Questionnaire*

Please download the below documents, complete, and upload.

• Risk_Assessment_Questionnai...

*Response required

7.5. Proposal (without Cost Proposal)*

Please Upload your COMPLETE Proposal here. Upload fee proposal separately in the next step.

*Response required

7.6. Separate Cost Proposal*

Confirm that your fee proposal is not attached in your Proposal and is attached separately here.

*Response required

7.7. Confidential Company Information (if applicable)

The County will treat all information submitted in a proposal as available for public inspection once the

County has selected a contractor. If you believe that you have a legally justifiable basis under the

California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any https://government-project.s3.amazonaws.com/22955/62e3fc7d-1456-44be-9b19-77a486f9928b_2022_AHGC_RFP_Form_F_Statement_of_Personal_History.doc?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1656759604&Signature=2tfRFH%2BO2%2FubGKo%2Fj2hMsnhoKkI%3D&response-content-disposition=attachment%3B%20filename%3D%222022_AHGC_RFP_Form_F_Statement_of_Personal_History.doc%22 https://government-project.s3.amazonaws.com/22955/0da1af7f-ca60-4083-974e-86fbc3a1fc7c_2022_AHGC_RFP_Form_G_Affidavit.doc?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1656759604&Signature=IXyr6J6RRsy2GvuLIk2%2BWCxviEk%3D&response-content-disposition=attachment%3B%20filename%3D%222022_AHGC_RFP_Form_G_Affidavit.doc%22 https://government-project.s3.amazonaws.com/22955/ec9b2e4f-2f3f-4f87-b0c2-b00d1683351b_2022_AHGC_RFP_Form_H_Income_Statement.xls?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1656759604&Signature=U30Qp%2FTEc8%2BOEgQ8wA9znOtsrFA%3D&response-content-disposition=attachment%3B%20filename%3D%222022_AHGC_RFP_Form_H_Income_Statement.xls%22 https://government-project.s3.amazonaws.com/14692/69c0247d-f232-4964-94df-52ab07e78aa1_Risk_Assessment_Questionnaire.pdf?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1656759604&Signature=zl9R8Ye9x%2Bv0%2BdN5pVLTgYc44AY%3D&response-content-disposition=attachment%3B%20filename%3D%22Risk_Assessment_Questionnaire.pdf%22 information contained within your proposal, you must identify any such information, together with the legal basis of your claim in your proposal, and present such information in this section as part of your response package. Click "File Upload" below to upload your confidential documents.

7.8. Contractor Certification of Compliance*

WHEREAS it is in the best interest of Sacramento County that those entities with whom the County does business demonstrate financial responsibility, integrity and lawfulness, it is inequitable for those entities with whom the County does business to receive County funds while failing to pay court-ordered child, family and spousal support which shifts the support of their dependents onto the public treasury.

Therefore, in order to assist the Sacramento County Department of Child Support Services in its efforts to collect unpaid court-ordered child, family and spousal support orders, the following certification must be provided by all entities with whom the County does business:

CONTRACTOR hereby certifies that either:

☐ (a) the CONTRACTOR is a government or non-profit entity (exempt)

☐ (b) the CONTRACTOR has no Principal Owners (25% or more) (exempt)

☐ (c) each Principal Owner (25% or more), does not have any existing child support orders

☐ (d) CONTRACTOR’S Principal Owners are currently in substantial compliance with any court-ordered child, family and spousal support order, including orders to provide current residence address, employment information, and whether dependent health insurance coverage is available. If not in compliance, Principal Owner has become current or has arranged a payment schedule with the

Department of Child Support Services or the court.

*Response required

7.9. Contractor Certification of Compliance Cont...*

New CONTRACTOR shall certify that each of the following statements is true:

A. CONTRACTOR has fully complied with all applicable state and federal reporting requirements relating to employment reporting for its employees; and

B. CONTRACTOR has fully complied with all lawfully served wage and earnings assignment orders and notices of assignment and will continue to maintain compliance.

NOTE: Failure to comply with state and federal reporting requirements regarding a contractor's employees or failure to implement lawfully served wage and earnings assignment orders or notices of assignment constitutes a default under the contract; and failure to cure the default within 90 days of notice by the County shall be grounds for termination of the contract. Principal Owners can contact the

Sacramento Department of Child Support Services at 1-866-901-3212, by writing to P.O. Box 269112, Sacramento, 95826-9112, or via the Customer Connect website at www.childsup.ca.gov.

☐ Yes

☐ No

*Response required

7.10. Solicitation Exceptions*

Please list all exceptions below referring to name of specific section and (where applicable) paragraph, subsection number, or other identifier. For each exception, please quote the statement(s) to which you are taking an exception, for reference during bid analysis. Exceptions considered excessive or affecting vital terms, conditions or specifications may reduce or eliminate your prospects for award.

Please include the following with every exception (if your company has no exceptions, type "N/A" in this field):

A. Page #

B. Section#/Title

C. Exception Description

*Response required

7.11. Have you reviewed and agree to maintain the required insurance coverages, and provide proof of coverages?*

Please see Attachment C - Insurance Requirements, for coverages as determined by Risk Management

Division. Any requests for alternate coverage requirements will be subject to approval by Risk

Management.

☐ Yes

☐ No

*Response required

7.12. Non-Collusion Affidavit*

I state that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this proposal.

I state that:

A. The price(s) and amount of this proposal have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder or potential bidder, except as disclosed below in the exceptions field (accept with exceptions).

B. That neither the price(s) nor the amount of this proposal, and neither the approximate price(s) nor approximate amount of this proposal, have been disclosed to any other firm or person who is a bidder or potential bidder, and that they will not be disclosed before proposal opening.

C. No attempt has been made or will be made to induce any firm or person to refrain from submitting a proposal on this contract, or to submit a proposal higher than this proposal, or to submit any intentionally high or noncompetitive proposal/bid or other form of complementary proposal.

D. The proposal by my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive proposal.

E. My firm, its affiliates, subsidiaries, officer, directors and employees are not currently under investigation by any governmental agency and have not in the last five years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract.

F. No current or previous employee of the County of Sacramento (employed by County of

Sacramento within the last calendar year) has been involved or is currently involved in any manner, directly or indirectly, with bidder’s response or considerations in responding to this request.

I understand and my firm understands and acknowledges that the above representations are material and important, and will be relied upon by the County of Sacramento in awarding the contract(s) for which this proposal is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the County of Sacramento of the true facts relating to the submission of proposals/bids for this contract. Any violation of this certification shall render bidder’s response invalid. In such a case, bidder’s response will be immediately disqualified.

☐ Please confirm

*Response required

7.13. Customer References*

Include three (3) Company references here:

Reference 1

• Agency/Company Name

• Project Name

• Project Size (Cost/Unit & Total Cost)

• Project Type

• Year Completed

• Name of Project Manager

• Email Address & Phone Number

• Brief Physical Description of Project

Reference 2

• Agency/Company Name

• Project Name

• Project Size (Cost/Unit & Total Cost)

• Project Type

• Year Completed

• Name of Project Manager

• Email Address & Phone Number

• Brief Physical Description of Project

Reference 3

• Agency/Company Name

• Project Name

• Project Size (Cost/Unit & Total Cost)

• Project Type

• Year Completed

• Name of Project Manager

• Email Address & Phone Number

• Brief Physical Description of Project

*Response required

7.14. Iran Contracting Act Disclosure Form *

(California Public Contract Code, sections 2202-2208)

When responding to a bid or proposal or executing a contract or renewal for a County of Sacramento contract for goods or services of $1,000,000 or more, a vendor must either:

A. certify it is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services (“DGS”) pursuant to Public Contract Code section

2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or

B. demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to Public Contract Code section 2203(c) or (d).

To comply with this requirement, please select one of the options below. Please note: California law establishes penalties for providing false certifications, including civil penalties equal to the greater of

$250,000 or twice the amount of the contract for which the false certification was made; contract termination; and three-year ineligibility to bid on contracts. (Public Contract Code section 2205.)

OPTION #1 - CERTIFICATION

I certify I am duly authorized to execute this certification on behalf of the vendor/financial institution, and the vendor/financial institution is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person/vendor, for 45 days or more, if that other person/vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS.

OPTION #2 – EXEMPTION

Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please select

"EXEMPTION" below, and attach documentation demonstrating the exemption approval with your electronic submission.

☐ Certification

☐ Exemption

*Response required

8. SACRAMENTO COUNTY GENERAL TERMS AND CONDITIONS

A. BID/QUOTE/PROPOSAL/GENERAL CONDITIONS: All of the terms and conditions of the bid, quote, or proposal against which this purchase document is applied, are hereby incorporated.

B. SALES TAX NOT INCLUDED: Unless otherwise definitely specified, the unit prices do not include

California sales and use tax or Sacramento County sales and use tax.

C. CASH DISCOUNTS: In connection with any cash discount specified on this quote, time will be computed from the date of complete delivery of the supplies or equipment as specified, or from date correct invoices are received in the County Auditor’s Office if the latter date is later than the date of delivery. For the purpose of earning the discount, payment is deemed to be made on the date of mailing of the County warrant or check.

D. AMERICANS WITH DISABILITIES ACT: As a condition of accepting a purchase order from the

County of Sacramento, the contractor certifies that their business entity is in compliance with the Americans With Disabilities Act of 1990, as amended. Failure to certify shall prohibit the award of a purchase order to the contractor.

E. HOLD HARMLESS: The contractor shall hold the County of Sacramento, its officers, agents, servants and employees harmless from liability of any nature or kind because of use of any copyrighted, or uncopyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used under this order, and agrees to defend, at his own expense, any and all actions brought against the County of Sacramento or himself because of the unauthorized use of such articles.

F. DEFAULT BY CONTRACTOR: In case of default by contractor, the County of Sacramento may procure the articles or services from other sources and may deduct from any monies due, or that may thereafter become due to the contractor, the difference between the price named in the contract or purchase order and actual cost thereof to the County of Sacramento. Prices paid by the County shall be considered the prevailing market price at the time such purchase is made. Periods of performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the Purchasing Agent.

G. RIGHT TO AUDIT: The County of Sacramento reserves the right to verify, by examination of contractor’s records, all invoiced amounts when firm prices are not set forth in the purchase agreement.

H. ASSIGNMENT: (a) This award is not assignable by contractor either in whole or in part, without the prior written approval of the Purchasing Agent of the County of Sacramento. (b) In submitting a quote to a public purchasing body, the quoter offers and agrees that if the quote is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) & the Cartwright Act

(Chapter 2 [commencing with Section 16700] of part 2 of Division 7 of the Business and

Professions Code), arising from the purchases of goods, materials, or services by the quoter for sale to the purchasing body pursuant to the quote. Such assignment shall be made and become effective at the time the purchasing body tenders final payment.

I. APPLICABILITY TO HEIRS: Time is of the essence of each and all the provisions of this agreement, and, subject to the limitations of Paragraph 8, the provisions of this agreement shall extend to and be binding upon and inure to the benefits of the heirs, executors, administrators, successors, and assigns of the respective parties hereto.

J. F.E.T. EXEMPTION: Sacramento County is exempted from payment of Federal Excise Tax. No federal tax shall be included in price.

K. CHARGES NOT INCLUDED ON FACE NOT ACCEPTABLE: No charge will be accepted for packing, boxing, or cartage, except as specified in the Notice of Award. Freight collect shipments will not be accepted. Merchandise will not be accepted if payment is to be made at the time of delivery.

L. TITLE: Except as otherwise expressly provided herein, title to and risk of loss on all items shipped by seller to buyer shall pass to the buyer upon buyer’s inspection and acceptance of such items at buyer’s building.

M. CHANGES WITHOUT NOTICE PROHIBITED: No changes in price, quantity or merchandise will be recognized by the County of Sacramento without written notice of acceptance thereof prior to shipment.

N. ALL UNDERSTANDINGS IN WRITING: It is mutually understood and agreed that no alteration or variation of terms of this award shall be valid unless made in writing and signed by the parties hereto, and that no oral understandings or agreements not incorporated herein, and no alterations or variations of the terms hereof unless made in writing between the parties hereto shall be binding on any of the parties hereto.

O. FORCE MAJEURE: The contractor will not be held liable for failure or delay in the fulfillment of conditions of purchase order/contract if hindered or prevented by fire, strikes, or Acts of God.

P. INVOICING: Upon submission of itemized invoices, in duplicate, payment shall be made of the prices stipulated herein for supplies delivered and accepted or services rendered and accepted, less deductions, if any, as herein provided. Payment on partial deliveries may be made whenever amounts due so warrant or when requested by the contractor and approved by the

Purchasing Agent.

Q. SPECIAL CONDITIONS: Buyer’s standard terms and conditions shall govern any contract awarded. If, after award of contract, contractor provides additional terms or conditions, they shall be considered void. To the extent not otherwise stated in the contract, the California

Commercial code shall apply.

R. INFORMATION TECHNOLOGY ASSURANCES: Contractor shall take all reasonable precautions to ensure that any hardware, software, and/or embedded chip devices used by contractor in the performance of services under this agreement, other than those owned or provided by County, shall be free from viruses. Nothing in this provision shall be construed to limit any rights or remedies otherwise available to County under this agreement.

S. CHILD, FAMILY, AND SPOUSAL SUPPORT: Contractor hereby certifies that either: (a) The

Contractor is a government or non-profit entity; or (b) the Contractor has no Principal Owners

(25% or more); or (c) each Principal Owner (25% or more) does not have any existing child support orders; or (d) Contractor’s Principal Owners are currently in substantial compliance with any court-ordered child, family and spousal support order, including orders to provide current residence address, employment information, and whether dependent health insurance coverage is available. If not in compliance, Principal Owner has become current or has arranged a payment schedule with the Department of Child Support Services or the court. New

Contractor shall certify that each of the following statements is true: (a) Contractor has fully complied with all applicable state and federal reporting requirements relating to employment reporting for its employees; (b) Contractor has fully complied with all lawfully served wage and earnings assignment orders and notices of assignment and will continue to maintain compliance; and NOTE: Failure to comply with state and federal reporting requirements regarding Contractor’s employees or failure to implement lawfully served wage and earnings assignment orders or notices of assignment constitutes a default under any contract with the

County. Failure to cure such default within 90 days of notice by the County shall be grounds for termination of contract.

T. COMPLIANCE WITH ALL LAWS, LICENSES AND PERMITS: In the performance of their duties, Contractor shall comply with all applicable federal, state, and county statutes, ordinances, regulations, directives, and laws and this contract shall be deemed to be executed within the

State of California and construed with and governed by the laws of the State of California.

Contractor shall possess and maintain all necessary licenses, permits, certificates and credentials required by the laws of the United States, the State of California, County of Sacramento and all other appropriate governmental agencies, including any certification and credentials required by County. Failure to comply with all laws, licenses and permits shall be deemed a breach of this

Agreement and constitutes grounds for the termination of this Contract.

9. ADDITIONAL TERMS AND CONDITIONS

Bidder Responsibility: You are expected to be thoroughly familiar with all specifications and requirements of this bid. Your failure or omission to examine any relevant form, article, site or document will not relieve you from any obligation regarding this bid. By submitting a response, you are presumed to concur with all terms, conditions and specifications of this bid unless you have specifically, by section number, raised objection.

Awards:

A. The County of Sacramento reserves the right to:

1. award responses received on the basis of individual items, or groups of items, or on the entire list of items;

2. reject any or all responses, or any part thereof;

3. waive any informality in the responses; and

4. accept the response that is in the best interest of the County. The Purchasing Agent's decision shall be final.

B. Preference for Sacramento County Products. In purchases by the County of Sacramento, price and quality being equal, preference must be given to Sacramento County products (Charter of the County of Sacramento, sec. 83); also, ". . . preference must be given to the lowest responsible local bidder offering to supply such items for purchase which are raised, grown, manufactured, fabricated, processed or assembled in Sacramento County . . ." (Sacramento

County Code, sec. 2.56.060).

C. Preference for California-made materials. Pursuant to Sections 4330-4333 of the Government

Code, the County, in awarding the purchase, must prefer supplies partially manufactured, grown or processed in California, price, fitness and quality being equal. In order to receive preference, responses must clearly specify the item(s) for which preference is claimed and the preference applicable.

Taxes:

A. Include any sales, use, or federal excise taxes in your response as separate line item(s).

B. If your company is outside California and collects sales tax, please state the amount as a separate item if the County is to remit the tax.

C. Items purchased for resale will show the County's resale permit number on the purchase order.

D. Exemption certificates will be furnished when federal excise tax is exempted.

Brand Names: Brand names and numbers, when used, are for reference to indicate the character or quality desired. Equal items will be considered, provided your offer clearly describes the article. Offers for equal items must state the brand and number, or level of quality. The determination of the

Purchasing Agent as to what items are equal is final and conclusive. When brand, number, or level of quality is not stated by bidder, the offer will be considered exactly as specified.

Samples: Samples of articles, when required, must be furnished free of cost. Samples may be retained for future comparison. Samples which are not destroyed by testing or which are not retained for future comparison will be returned upon request at your expense.

Indemnification: The contractor shall indemnify, defend and hold harmless the County, its officers, agents, employees, and representatives, from and against any and all claims, losses, liabilities, or damages, demands and action including payment of reasonable attorneys' fees, arising out of or resulting from the performance of this agreement, caused in whole or in part by any negligent or willful act or omission of the contractor, its officers, agents, employees, representatives, or anyone directly or indirectly acting on behalf of the contractor, regardless of whether caused in part by a party indemnified hereunder.

Termination:

A. County may terminate any resulting agreement without cause upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. If notice of termination for cause is given by County to contractor and it is later determined that contractor was not in default or the default was excusable, then the notice of termination shall be deemed to have been given without cause pursuant to this paragraph (A).

B. County may terminate any resulting agreement for cause immediately upon giving written notice to contractor, should contractor materially fail to perform any of the covenants contained in this agreement in the time and/or manner specified. In the event of such termination, County may proceed with the work in any manner deemed proper by County. If notice of termination for cause is given by County to contractor and it is later determined that contractor was not in default or the default was excusable, then the notice of termination shall be deemed to have been given without cause pursuant to paragraph (A) above.

C. County may terminate or amend any resulting agreement immediately upon giving written notice to contractor, 1) if advised that funds are not available from external sources for this agreement or any portion thereof, including if distribution of such funds to the County is suspended or delayed; 2) if funds for the services and/or programs provided pursuant to this

Agreement are not appropriated by the State; 3) if funds in County's yearly proposed and/or final budget are not appropriated by County for this agreement or any portion thereof; or 4) if funds that were previously appropriated for this agreement are reduced, eliminated, and/or re-allocated by County as a result of mid-year budget reductions.

D. If any resulting agreement is terminated under paragraph A or C above, contractor shall only be paid for any services completed and provided prior to notice of termination. In the event of termination under paragraph a or c above, contractor shall be paid an amount which bears the same ratio to the total compensation authorized by the agreement as the services actually performed bear to the total services of contractor covered by this agreement, less payments of compensation previously made. In no event, however, shall County pay contractor an amount which exceeds a pro rata portion of the agreement total based on the portion of the agreement term that has elapsed on the effective date of the termination.

E. Contractor shall not incur any expenses under any resulting agreement after notice of termination and shall cancel any outstanding expenses obligations to a third party that contractor can legally cancel.

Public Agency Participation: It is intended that any other public agency including those identified in the solicitation (i.e., city, district, public authority, public agency, municipality and other political sub-division or public corporation of California) located in California shall have the option to participate in any award made as a result of this solicitation. The County of Sacramento shall incur no financial responsibility in connection with orders issued or delivered by another public agency. Each public agency using this contract shall accept sole and full responsibility for placing of orders and making payments to the contractor. In addition to the above, the contractor shall provide the same level of indemnification and insurance protection to each of the participating agencies ordering products and/or services under any award made as a result of this solicitation.

Out of State Vendors Providing Services to the County of Sacramento: Recent state legislation requires the County to withhold seven percent (7%) of all income paid to certain independent contractors who do not reside in California. (Rev. & Tax. Code §18662; Cal. Admin. Code §§18662-1-18662-14.) This provision does not apply if the total amount paid for services in a given year is less than $1,500. It also does not apply if the contractor is: a) a corporation with a principal place of business in California; b) a partnership with a permanent place of business in California; c) a corporation qualified through the

Secretary of State to do business in California; or d) an individual with a permanent residence in the

State of California.

FTB Waiver -The contractor can apply to the FTB for a waiver from this withholding requirement. An FTB waiver will generally be granted when the nonresident contractor has a current history of filing

California tax returns and/or is currently making estimated tax payments to the FTB. An FTB waiver request is made on FTB Form 588, which can be faxed to the FTB at (916) 845-4831.

Payments (E-Payables)

The County of Sacramento has partnered with Bank of America to implement a card payment program, ePayables, offered to County’s suppliers/contractors/vendors. This preferred payment method will reduce paper waste and expedite payments to recipients.