Bid Notice.pdf

Request for Proposal

RFP # 2909

Consulting Services for preparation of Comprehensive Development Impact Fee Nexus Study and Fee Updates

ISSUE DATE: September 21, 2026

Responses Due Date:

October 30, 2026 @ 4:00 PM PST

Attn: Immanuel Bereket, Principal Planner

County of Marin Procurement Division

3501 Civic Center Drive Room 304 San Rafael, California, 94903

Table of Contents Public Notice

General Project Summary

Minimum Qualifications

Instructions to Proposers

Schedule

Pre-Proposal Conference

Solicitation Questions

Submittal Instructions

Proposal Format

Award Evaluation

Interviews

Evaluation Criteria

Sustainability Preferences

Notice of Intent to Award

Performance Period and Budget

Budget

Contract Term

Appendix A: Scope of Work

Appendix B: Required Forms

Appendix C: General Provisions

Sample PSC Attachment

Public Notice Request for Proposal for Bid# 2909

Consulting Services for preparation of Comprehensive Development Impact Fee Nexus Study and Fee Updates

Date Published: Monday, September 21, 2026

General Project Summary On behalf of the Community Development Agency the County of Marin Procurement Division is requesting proposals for consulting services to develop and complete a Development Impact Fee (DIF) Nexus Study to update streets, drainage and parks impact fees, recommend updates to the County’s DIF program, and prepare a Residential Feasibility Analysis in compliance with the Mitigation Fee Act (California Government Code Section 66000 et seq.) and Assembly Bill 602 92021).

Bidders can access current solicitations on the County of Marin’s Contracting Opportunities website at https://www.marincounty.gov/contracting-opportunities and on the County of Marin Bid Express® website at https://www.bidexpress.com/businesses/53528/home.

There is no cost to access the solicitation documents, addendums and required forms on the Contracting Opportunities or Bid Express® websites. However, bidders are required to register for a complimentary Bid Express® account to download solicitation documents. How-to guides for first-time Bid Express® users are on the County of Marin Bid Express® homepage under ‘Standard Documents’. Proposers are responsible for obtaining all addenda. The County may elect to award a single contract or to award multiple contracts for the same or similar supplies or services to two or more sources under this solicitation.

Minimum Qualifications

Proposals must demonstrate that the firm or team submitting the proposal (“Proposer”) meets the following Minimum Qualifications to be eligible for consideration for this project:

• Minimum 5 years of experience specifically preparing development impact fee nexus studies for public agencies,

• Experience preparing updates to transportation/traffic, parks & recreation, and drainage facilities, and

• Experience working within the applicable statutory framework (e.g., California's Mitigation Fee Act / Gov. Code §66000 et seq. and California AB 602 (2021).

Instructions to Proposers

Schedule The following reflects a tentative schedule related to this solicitation and subject to change without notice.

Any changes to this schedule will be communicated as an Addendum and updated on Contracting Opportunities and Bid Express® websites.

SCHEDULE

Issue Date September 21, 2026

Pre-Proposal Conference (optional) Tuesday, October 13, 2026 3:00 PM PST

Deadline to Submit Questions Friday, October 16 – No Later than 4:00 PM PST

Responses to Submitted Questions Posted Monday, October 19, 2026

Proposal Submission Deadline Friday, October 30, 2026 – No Later than 4:00 PM PST

Interview TBD

Pre-Proposal Conference There will be an optional pre-proposal conference scheduled by the County.

Date/Time: Tuesday, October 13, 2026 @ 3:00 PM PST Zoom Virtual Meeting: meeting Link/meeting ID/passcode

Solicitation Questions

Deadline to Submit Questions: Questions must be emailed or submitted through the County’s Bid Express® website by the date listed in the Schedule. All emailed questions must be submitted to Jorge Molina, Procurement Division at Jorge.Molina@marincounty.gov with the email subject line: RFP #2909 – Consulting Services for preparation of Comprehensive Development Impact Fee Nexus Study and Fee Updates.

Questions submitted after the date and time listed in the Schedule will not be considered. Phone calls and faxed questions will not be accepted. All inquiries shall be directed to the responsible party . Contact with any other County personnel or any undue “badgering” of such County personnel by the proposer is prohibited.

Failure to comply with this request may be considered cause for disqualification of a proposal.

Responses to Questions: Responses to all written questions concerning this solicitation will be posted on the County of Marin Contracting Opportunities website as well as on County’s Bid Express® website by the date listed in the Schedule. It is the responsibility of all interested proposers to obtain Responses to Questions Q&A and Addenda from the website(s).

Submittal Instructions

Sealed proposals must be submitted by one of the following three methods:

• Bid Express submittal: Submit solicitation documents via Bid Express® using the following link:

https://www.bidexpress.com

• Email submittal: Proposals must be submitted electronically via email to the designated email address by the deadline specified in the Schedule. An acknowledgment email will be sent to confirm receipt of the proposal. If the proposer does not receive an email with "Received" confirmation within 24 hours of the submission deadline, it is the proposer’s responsibility to follow up with the Jorge Molina at Jorge.Molina@marincounty.gov. Failure to follow up or receive a confirmation email will result in the submission not being considered by Jorge Molina.

Proposals will be considered late if not received by the date listed in the Schedule, regardless of postmark date, and will be rejected and returned to the proposer unopened. Once received, all original and/or copies of the proposal become property of the County of Marin and will not be returned.

Proposal Format

Proposals must be concise, well-organized, and demonstrate the proposer’s understanding of the Scope of Work as outlined in Appendix A: Scope of Work. Proposals shall not be subject to a maximum single-sided pages excluding cover, dividers, table of contents and resumes and include, at a minimum, the information listed below, including a complete Cost Proposal in a separately sealed envelope.

Responsive proposals shall be formatted in the following order to facilitate comparisons between respondents:

1. Letter of Transmittal

a. The letter shall be on Proposer’s letterhead and include the proposal contact’s name, mailing address, telephone number, and email address.

b. The letter must address the Proposer’s understanding of the services being requested and any other pertinent information relevant to the Proposer’s ability to perform the work.

c. The letter must identify the organization’s point of contact and be signed by an officer of the organization authorized to contractually bind the organization to the County.

d. All Addenda received must be acknowledged in the Letter of Transmittal.

e. Completed Offer Form (found in Appendix B) should be included in this section.

2. Team Introduction

a. Description of Team: Describe proposed team’s qualifications specific to the requirements set forth under “Minimum Qualifications.”

b. Staffing: Provide a description of the team organization. Identify the project manager and primary contact who will be available for the duration of the project. Identify each key personnel and their respective roles, including any subcontractors’ key personnel, and briefly describe the experience and qualifications of the project manager and key personnel relevant to the Scope of Work.

c. Resumes: Provide resumes for the project manager and key personnel only. Include relevant licenses, certifications, education information, and experience with engagements of comparable size and scope to this project. Included any resumes for any subcontractors used. Resumes should not exceed one single-sided page.

Note: If any key personnel identified in the Proposer’s response become unavailable after award, the County must be immediately notified and resumes for any proposed substitute personnel must be provided for County approval. The County reserves the right to reject any proposed substitute personnel.

3. Understanding and Approach

a. This section should establish that the Proposer understands the County’s objectives and requirements, will demonstrate an ability to meet those requirements, and outline clearly and concisely the plan for accomplishing tasks specified Scope of Work.

4. Proposed Work Plan

a. This section should present a work plan for the tasks described in Appendix A: Scope of

Work. Discuss how the Proposer will conduct the identified task, identify deliverables, and propose a schedule. The proposal should discuss the tasks in sufficient detail to demonstrate a clear understanding of the project and component tasks. The proposal shall include additional tasks or sub-tasks the Proposer believes necessary to accomplish the project goals. The schedule should show the expected sequence of tasks, subtasks, and milestones.

b. Describe approach to managing resources and maintaining quality results. Include a description of the role of any subcontractors, their specific responsibilities, and how their work will be supervised to maintain quality results.

c. Identify and explain any problem areas and/or potential obstacles (such as maintaining schedule, budget overruns, feasibility, etc.) to successful completion of the Scope of Work, attached as Appendix A. Discuss methods, formal and informal, that you will use to track and resolve these problems/obstacles during the project.

5. Relevant Work Experience/Product Catalogue

a. Provide succinct descriptions for minimum three (3) previous projects completed within the last five (5) years of similar size and scope to the Scope of Work. Indicate the project title, duration, budget, sponsoring agency and sponsor project manager, and roles played by individuals proposed for this project. Include the name of the agency for whom the work was performed, year completed, name of the contact person and their telephone number.

b. Provide a product catalogue detailing inventory specifications, unit costs, and other information relevant to the Scope of Work.

i. 3rd party certifications for products, such as EPD or other sustainability considerations.

6. References

a. Using the attached “Minimum Requirements and References” form, provide no more than three (3) client references, preferably other public agencies, for whom the Proposer’s team has performed services similar to the attached Scope of Work. References should include the contact’s name, title, organization, telephone number, email address, and a description of the specific projects and key individuals who participated in providing the services.

7. Required Forms (see Appendix B)

a. Proposers must include the form(s) provided with this solicitation package in Appendix B. All forms must be signed by a duly authorized officer of the prime proposer’s organization.

Proposals not submitted on the form(s) provided, unless otherwise specified, may be deemed nonresponsive by the County of Marin Procurement Division.

8. Cost Proposal

a. Billing rates and cost breakdowns by task and individual should be submitted as a separate document and sealed.

Award Evaluation Initial Evaluations

Procurement will perform an initial evaluation of all proposals for completeness and responsiveness.

Incomplete, late, or ineligible proposals will be considered nonresponsive. Proposals must include all items listed in Appendix B: Required Forms, including any addenda. Responsive proposals will then be scored by a County evaluation panel or committee based on the evaluation criteria within this RFP.

Clarifications

Procurement shall, at its discretion, conduct optional vendor interviews or product demonstrations, evaluate vendor references, consult any current users of a vendor’s services, and request for review any other information deemed pertinent to the evaluation. Immaterial revisions may be considered after submission and prior to the issuance of the resulting notice of award, at the discretion of the County, to facilitate the selection of the most suitable vendors.

Interviews The County may, at its discretion, conduct optional vendor interviews or product demonstrations and ensure full understanding of the solicitation requirements. Interviews may include responding to standard and specific questions from the evaluation panel or committee about a bidders’ proposals. The score of any evaluation below may be revised or informed based on the vendor interview. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and written revision of their response.

Interviews will be conducted virtually or on-site, lasting approximately 60 minutes. Scheduling will be coordinated with Bob Brown to allow direct engagement with proposers to ask questions, and gain insights into solution implementation. In conducting discussions and/or interviews, the County will not disclose information from competing vendors' proposals.

Evaluation Criteria Proposals will be reviewed and evaluated using the criteria described in this section.

MINIMUM QUALIFICATIONS – Required Documentation POINTS

Completeness of Response Pass/Fail

EVALUATION CRITERIA

Qualifications and Experience 20

Proposal submission – quality completeness and understanding of the project as outlined in description given in the Request for Proposal.

References/Performance History 25

Cost 10

Interview 20

Total 100

Sustainability Preferences Sustainability is the integration of economic, social, and environmental considerations into procurement strategy, operations, and policy. Proposers are encouraged to apply these considerations when providing goods and services. Whenever the County of Marin acquires services or supplies by purchase order and/or contract, the Purchasing Agent, in evaluating the price or proposal, shall award preferences based upon the following preferences listed in Marin County, California Municipal Code (MCC).

• Local Business Preference - In accordance with County of Marin Code 3.10.030a there shall be a five (5.0) percent preference on the price (or evaluation of bid) submitted by a local county business.

• Workforce Development Preference - In accordance with County of Marin Code 2.50.070 Ordinance

# 3435 there shall be a five (5.0) percent preference to contractors that can certify that at least 50 percent of the workforce under the service contract will be Marin County residents.

• Recycled Product Preference - In accordance with County of Marin Code Marin Code 3.10.030b there shall be a fifteen (15.0) percent preference on the price submitted involving recycled products.

Provide specification sheets, environmental product declarations, or certified claims of recycled content for all products being sold or utilized in administrating an awarded contract.

In no case shall the total of all preferences which a bid is eligible exceed fifteen (15.0) percent. This section shall not apply to transactions in which the allowance of these preferences are otherwise prohibited by state or federal statutes or regulation. Marin Code 3.10.030(c, d)

Notice of Intent to Award The County of Marin Procurement Division will announce the selected vendor by posting an award notice on the County of Marin’s Contracting Opportunities website https://www.marincounty.gov/contracting-opportunities and on the County’s Bid Express website https://www.bidexpress.com/businesses/53528/home. Additionally, proposers will be individually notified when the award is made.

Awarded Proposer shall be required to furnish:

• Certificate of Liability Insurance

• Certificate of Insurance coverage as specified in Appendix C: General Provisions and the County’s sample GSA/PSC attached herein naming County of Marin as additional insured

• W-9

If the selected Proposer fails to enter into a contract with County in a timely manner as determined by the County, in accordance with the terms and conditions of this solicitation document, the County reserves the right to reject the proposal of the selected firm and enter into a contract with the next highest scoring firm.

The County may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation. The County also reserves the right to cancel this solicitation at any time. Any and all proposals or bids may be rejected in whole or in part where the County determines such action to be in the best interest of the County.

Performance Period and Budget

Budget Prices quoted shall be firm and fixed through the contract term and shall not exceed the specified amount indicated unless mutually agreed upon.

Contract Term It is the County’s intent to award this contract with an initial contract term of 2 year(s)/month(s). The County reserves the right to extend the contract for up to 3 additional years in one year increments.

An example of the County of Marin Professional Services Agreement [PSC] etc.) is attached to this solicitation. By submitting a response without exceptions, the contracting firm accepts all terms and conditions contained in the Sample PSC attached. Additional terms and conditions may be required and may be negotiated after award.

Appendix A: Scope of Work

PURPOSE

The purpose of this request for proposal (RFP) is to find and select a qualified consultant to develop and complete a Development Impact Fee (DIF) Nexus Study, recommend updates to the County’s DIF program, and prepare a Residential Feasibility Analysis in compliance with the Mitigation Fee Act (California Government Code Section 66000 et seq.) and Assembly Bill 602 (2021). The County is now seeking the services of a qualified firm to update the streets, drainage, and parks impact fees.

BACKGROUND

For the past several decades unincorporated Marin County has experienced very little new development.

With adoption of the 2023-2031 Housing Element the County projects the addition of over 5,000 new housing units within this planning period, which will require new or expanded public infrastructure to serve this added population and to maintain at least current levels of service for the community.

The County assesses, or may assess, various development impact fees on new development and redevelopment to help pay for County infrastructure and facilities that the new development will require.

The County currently imposes four DIFs:

1. Transportation Impact Fee (for road and transportation improvements needed due to traffic generated by new development)

2. Roadway Impact Fee (for roadway resurfacing, charged as a percentage of new construction valuation through building permits)

3. Affordable Housing Fee (for development of affordable housing, charged to new single-family homes and major remodels)

4. Commercial Linkage Fee (for development of affordable housing, charged to new non-residential development on a square foot basis)

5. Parkland Dedication In-Lieu Fee (Quimby Act fee in-lieu of land dedication for park expansion and improvements)

SCOPE OF SERVICES

1. Review and identify infrastructure and facilities needs: The consultant will work with County staff to evaluate and identify infrastructure and facility needs that may be included in an updated fee program, ensuring that the DIF program accurately aligns fees with the costs associated with new development.

Specifically, the County seeks to:

a. Update the current Traffic Impact Mitigation Fee (TIMF) to reflect increased development potential and examine the updated traffic model, making any necessary additions and revisions to fund associated transportation related improvements including vehicle, bicycle, transit, and pedestrian facilities. The consultant will also prepare cost estimates for necessary transportation improvements, allocate transportation improvement costs proportional to new development's impact, and revise and/or expand the TIMF areas of benefit for subregional transportation improvements to incorporate the full County,

b. Consider amendment of the current Parkland Dedication In-Lieu Fee to incorporate park improvement costs, and

c. Consider any other DIFs the consultant commonly develops for clients or DIF categories that other nearby cities and comparable counties impose.

2. Review and assess applicable County documents: The County recognizes the Nexus Study and Residential Feasibility Analysis will include review of existing documents and plans, as well as additional research and collaboration necessary to identify infrastructure projects and needs. The County envisions, at minimum, the following components included in the review:

a. AB 1600 reports completed annually

b. 5-Year Capital Improvement Program

c. Countywide Plan 2023

d. FY 2023-2031 Housing Element and EIR

e. Bicycle and Pedestrian Master Plan (2018)

f. Parks and Open Space Strategic Plan (2008)

g. Individual Master Plans for four regional County parks

h. One TAM Strategic Plan (2024-2028)

i. Other documents as appropriate

It is important to note that the strategic plans listed above generally do not include detailed capital improvement plans and that the current County CIP does not reflect the updated County traffic model and anticipated level of development.

3. Conduct Needs Assessment: Work closely with County staff to determine supporting infrastructure and facility needs related to County-provided services that could rightfully be included in the DIF program to ensure the costs of such supporting infrastructure and facilities are funded by new development.

4. Review applicable state laws: Review the Mitigation Fee Act, Assembly Bill 602 and other applicable current/pending state laws and how they may impact the County’s ability to collect fees. Consider possible limitations or requirements from case law and legislation.

5. Prepare a Nexus Analysis: Prepare a nexus analysis to establish the connection between the impacts from new developments on the proposed public facilities, and the benefits received by new development from the proposed public infrastructure and facilities. Quantify the proportional share of costs attributable to each category of new development project for each category of public infrastructure and facilities, including consideration of assessing costs/benefits by geographic subarea of the County.

6. Document Findings: Provide enough data and the necessary findings, and recommendations to update and implement a comprehensive DIF program. This should include potential new DIF categories and updating or revising the existing TIF and Quimby Act in-lieu fee based on required nexus study findings and the proposed infrastructure and facility requirements to support the growth projections and Capital Improvement Program (CIP) and the County’s policy priorities.

7. Develop a Fee Schedule: Develop a fee schedule for each category of development project based on County standards (e.g., residential, commercial, mixed-use). Calculate fees based on the nexus and proportionality analysis with charges based per-square-foot of new development (in accordance with Government Code Sections 66016.5(a)(5) and 66324), or based per-unit (to the extent legally justified and recommended). Recommend means of incorporating annual inflation factors. Compare proposed fees to other cities/towns in Marin and comparable counties in Northern California with similar types of public facilities funded by development impact fees.

8. Best Practices: Evaluate the County’s current system of DIF accounting, administration and reporting practices and recommend best practices for improved approaches.

9. External Data Gatherings: Provide information on impact fees or other fees charged by special districts (e.g. schools, community services districts, water districts, sanitary districts) that would also be charged to development projects, by geographic area of the county/special district boundaries, to inform the Residential Feasibility Analysis.

10. Alternative Fee Analysis: Prepare a Residential Feasibility Analysis to determine the financial feasibility of housing being built at the recommended or alternative fee levels.

11. Meetings: The consultant shall include attendance at the following meetings, as a minimum, in their proposal. Should the consultant identify a meeting that they feel is necessary to achieve the results and is beyond the meetings described below, they shall describe them in their proposal. Unless otherwise determined by the County, the consultant shall plan on meetings being held at the Civic Center.

• Kick-off meeting between consultant and County staff to review objectives of study, agree to methodology, exchange information, timing and schedule for all tasks, and to determine information to be provided by County staff.

• Conduct Stakeholder Engagement and Public Outreach by facilitating at least four stakeholder meetings with community and business organizations, developers, construction trades organizations, and housing advocacy groups.

• As requested, provide informational presentations to relevant County commissions.

• Attend and present study results and recommendations in a workshop before the Planning

Commission and public hearings before the Planning Commission and Board of Supervisors. For purposes of public hearings, assume a maximum of five hearings.

DELIVERABLES

1. Nexus Study Report: Consultant shall prepare a Nexus Study in accordance with the Mitigation Fee Act and AB602 to document the required bases for the County to impose development impact fees on new development projects. More specifically, consultant shall prepare a report containing, but not limited to, the following:

• Background information;

• A description of the overall methodology;

• Supporting justification and calculations that demonstrate the legal nexus between recommended fees and the impact created by new development, and identify the purpose of the proposed fees;

• Relationship between the fee’s use and the type of project on which it would be imposed;

• Purpose of the Fee;

• How the fee would be used;

• Comparison between the proposed fees and those of comparable and nearby jurisdictions; and,

• Any additional matters that County staff should be made aware of.

The Nexus Study shall be prepared as an Administrative Draft for staff review, a Public Review Draft incorporating input from the staff review for publication and public review, and a Final Draft incorporating input from the public review draft.

If the consultant feels that additional tasks are warranted, they must be clearly identified in the consultant’s proposal. The County reserves the right to modify the scope of services before the contract is awarded depending on cost and the County’s confidence in the selected vendor.

2. Residential Feasibility Analysis: The consultant shall conduct a residential feasibility analysis to determine whether housing can be built feasibly at the recommended or alternative fee levels. The deliverable shall be a report documenting the analytical methods used, assumptions made, conclusions reached, and all supporting documentation. Pro formas should be prepared and included for different housing types, such as single-family, townhouse, and multi-family. All assumptions should be verified through interviews with both market-rate and affordable housing developers. Ideally, this deliverable would be presented as a memorandum and incorporated into the overall final product.

3. Presentation Materials: Consultant shall prepare presentation materials, including visual presentations, for stakeholder meetings, public workshops and public hearings, and a webpage summary of the analyses and recommendations. Materials should include an informational presentation on DIFs and the study that County staff can share broadly with the public.

Appendix B: Required Forms

The following forms must be completed and submitted with the proposal as an Appendix unless otherwise specified below:

SOLICITATION DOCUMENTS TO RETURN

Exceptions to the Scope of Work

Offer (include with Letter of Transmittal)

References

Cost Proposal

Debarment and Suspension Certification

Non-collusion Declaration

Levine Act Disclosure Statement & Form

Addendum OR other Acknowledgement (if applicable)

EXCEPTIONS TO THE SCOPE OF WORK

Contractors shall fully describe any exceptions to the written requirements and/or scope, in the space provided below. Any exception taken shall be fully described to allow the County of Marin to evaluate its acceptance. Attach an additional sheet if more space is necessary.

SECTION PAGE NO. DESCRIPTION OF EXCEPTION

OFFER

In compliance with the solicitation, the undersigned offers and agrees, if this bid is accepted within sixty (60) calendar days from date of opening, to furnish any or all of the items upon which prices are quoted, at the price set opposite each item, delivered at the designated point within the time specified. Discounts will not be considered in the evaluation of any quotation, unless otherwise stated in this invitation.

REPRESENTATIONS AND CERTIFICATIONS

Company Name: ___________________________________________________________________

Address: ___________________________________________________________________

Phone: ___________________________________________________________________

Website: ___________________________________________________________________

Proposer certifies the following:

Signature of person authorized to sign bid: x________________________________________________

Printed name: ___________________________________________________________________

Title: ___________________________________________________________________

Date: ___________________________________________________________________

Phone: ___________________________________________________________________

Email: ___________________________________________________________________

That they are a: _______ Certified Dealer/Vendor for the Items in this Bid

_______ Manufacturer of the Items in this Bid

Business is operated as: _______ an Individual

_______ a Partnership

_______ a Corporation

Incorporated in the State of ______________________

REFERENCES

Proposers shall provide the following information which will be used by the County in evaluating the proposal. Proposer must provide three former (within the past five years) or present clients for whom these individuals have performed contracting services related to each of the categories for which your firm is offering services.

Company Name:_______________________________________________________________________

Company Address:_____________________________________________________________________

Contact Person:________________________________________________________________________

Phone number:________________________________ Email:___________________________________

Services Provided / Date(s) of Service:______________________________________________________________________________

Contact Person:________________________________________________________________________

Phone number:________________________________ Email:___________________________________

Contact Person:________________________________________________________________________

Phone number:________________________________ Email:___________________________________

DEBARMENT AND SUSPENSION CERTIFICATION

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

Title 49, Code of Federal Regulations, Part 29

The Contractor, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, and manager:

• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;

• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;

• does not have a proposed debarment pending; and

• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Dated this ___________________ day of _______________, 20 __________

Signature of Authorized Representative

Printed Name and Title

NON-COLLUSION DECLARATION

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

The undersigned declares:

I am the ________________________ of __________________________, the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _____________________ [date], at _______________________ [city], ___________ [state].”

(Amended by Stats. 2011, Ch. 432, Sec. 37. (SB 944) Effective January 1, 2012.)

Signature of Authorized Representative

Printed Name and Title

LEVINE ACT DISCLOSURE STATEMENT & FORM

The Levine Act applies to all agencies whose members are directly elected by the voters. It precludes these elected officials from participating in or influencing a decision to issue a "license, permit, or other entitlement for use" if he or she receives any political contributions totaling more than $500 in the 12 months before the pendency of the license, permit or other entitlement for use, and for 12 months following the final decision, from the person or company awarded the license, permit or use.

The Levine Act requirements do not apply to (i) competitively bid contracts that are required by law, agency policy, or agency rule to be awarded pursuant to a competitive process; (ii) labor contracts; (iii) personal employment contracts; (iv) contracts valued under fifty thousand dollars ($50,000); (v) contracts where no party receives financial compensation; (vi) contracts between two or more agencies;

(vii) the periodic review or renewal of development agreements unless there is a material modification or amendment proposed to the agreement.

You must complete this form if you are a party, participant or agent that has contributed more than $500 to a member of the Board of Supervisors, or to the Assessor, District Attorney, or Sheriff, within the 12 months prior to a proceeding involving a license, permit or other entitlement for use, as defined in Government Code section 84308, subd. (a). Agents to a party include an attorney, engineer, architect, or other representative, and are subject to the requirements of the Levine Act in the same manner as parties and participants.

Parties are solely responsible for completing this form accurately and should refer to Government Code section 84308, et seq. and to California Code of Regulations, Title 2, section 18438, et seq. If you are uncertain about whether you are required to report or combine a contribution, you should consult with an attorney. Submit separate forms for each elected County officer to whom a contribution was made.

You must complete this form if you are a party, participant or agent that has contributed more than

$500 to a member of the Board of Supervisors, or to the Assessor, District Attorney, or Sheriff, within the 12 months prior to a proceeding involving a license, permit or other entitlement for use, as defined in Government Code section 84308, subd. (a). Agents to a party include an attorney, engineer, architect, or other representative, and are subject to the requirements of the Levine Act in the same manner as parties and participants.

Parties are solely responsible for completing this form accurately and should refer to Government Code section 84308, et seq. and to California Code of Regulations, Title 2, section 18438, et seq. If you are uncertain about whether you are required to report or combine a contribution, you should consult with an attorney. Submit separate forms for each elected County officer to whom a contribution was made.

Title or Short Description of Proceeding:

Name of County Officer that Received Contribution:

Name of Party to the Proceeding:

Name of Person/Entity that Made the Contribution:

Contribution Date: Contribution Amount

By signing below, I certify that the statements made herein are true and correct and that, as the party or agent to a party, I represent will comply with California Government Code section 84308. I also agree to disclose any contributions made to an elected County Official that participates in this proceeding

Date Signature of Party or Agent

Name of Party or Agent

Appendix C: General Provisions The provisions in this section, with the exception to the Evaluation Criteria and Invoicing address, cannot be altered without prior approval by County Counsel and the Procurement Division.

Assignment and Subcontracting

The proposer shall have no right, authority or power to sell, mortgage or assign the resulting contract and/or purchase order or any interest herein, or any right, power or authority to allow or permit any other person or persons or organizations to have any interest in or use any part of the rights or obligations granted hereunder for any purpose whatsoever without the prior written consent of the County of Marin. Neither the contract and/or purchase order nor any interest created thereby shall pass by operation of law to any trustee or receiver in bankruptcy or to any other receiver or assignee for the benefit of creditors or any claim hereunder to any other party or parties, except as expressly authorized by the County of Marin.

Attorney’s Fees

If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provisions of this Agreement, each party shall cover their own attorneys’ fees and cost.

Award of Contract

Request for Proposal (RFP)

Award of proposal, if awarded, will be made to the Proposer offering the most advantageous proposal after consideration of all Evaluation Criteria set forth in this solicitation. The criteria are not listed in order of preferences. An Evaluation Committee will be established by the County of Marin. The Committee will evaluate all proposals received in accordance with the Evaluation Criteria. The County of Marin reserves the right to establish weight factors that will be applied to the criteria depending upon order of importance. Evaluation scores will not be released until after award of proposal. The County of Marin shall not be obligated to accept the lowest priced proposal but will make an award in the best interests of the County after all factors have been evaluated.

Receipt of the official Contract shall indicate award of the proposal. Award of proposal shall be made by the County of Marin to the responsible Proposer who meets the provisions and specifications of this proposal after consideration of all evaluation criteria to provide the services as described in this request. The County reserves the right to make a multiple award of this proposal.

California Public Records Act (CPRA)

Applicants acknowledge and agree that the County is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Applicant’s proprietary information is contained in documents or information submitted to the County, and Applicant claims that such information falls within one or more CPRA exemption, the Applicant must clearly mark such information “CONFIDENTIAL AND PROPRIETARY” and identify the specific lines containing such information.

In the event of a request for such information, County will make reasonable efforts to provide notice to Applicant prior to any disclosure. If Applicant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, then Applicant is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Marin County before the County’s deadline to respond to the CPRA request. If Applicant fails to obtain such remedy, County may disclose the requested information without penalty or liability.

Applicant further agrees that it shall defend, indemnify and hold County harmless against any claim, action or litigation (including but not limited to all judgments, costs, fees and attorneys’ fees) that may result from deniable by County of a CPRA request for information arising from any representation, or any action (or inaction) by the Applicant.

Cancellation of Contract

Without CAUSE, the County of Marin may cancel this contract at any time with thirty (30) days written notice to the supplier/contractor. With CAUSE, the County of Marin may cancel this contract at any time with five (5) days written notice to the Proposer. Cancellation for cause shall be at the discretion of the County of Marin and shall be, but is not limited to, failure to supply the materials, equipment or service specified within the time allowed or within the terms, conditions or provisions of this contract. The Successful Proposer may not cancel this contract without prior written consent of the County of Marin Purchasing Agent.

Change Orders

The County of Marin may at any time, without notice to any sureties, make any change in the work specified in the resulting Contract by issuing a change order, including but not limited to changes:

1. In the terms and conditions of the Contract

2. In the written specifications

NO ORDER, STATEMENT OR CONDUCT, WRITTEN OR ORAL, SHALL BE TREATED AS A

CHANGE ORDER UNLESS IN WRITING AND SIGNED BY BOTH PARTIES.

Compliance or Deviation to Specifications

Proposer hereby agrees that the material, equipment or services offered will meet all the requirements of the specifications in this solicitation unless deviations are clearly indicated in the proposer’s response and listed as such under Exceptions to the Scope of Work.

Conformity with Law and Safety

Vendor shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including Federal, State, Municipal and Local Governing Bodies having jurisdiction over the scope of services or any part hereof, including all provisions of the Occupation Safety and Health Act of 1979 and all amendments thereto, and applicable Federal, State and Local Government Safety Regulations. All services performed by Vendor must be in accordance with these laws, ordinances, codes and regulations. Vendor shall indemnify and save County harmless from any and all liability, fines, penalties and consequences arising from any non-compliance of violations of such laws, ordinances, codes and regulations.

Accidents: If a death, serious personal injury, or substantial property damage occurs in connection with the performance of this agreement, Vendor shall immediately notify the County by telephone. Vendor shall promptly submit to County a written report, in such form as may be required by County, of all accidents which occur in connection with this agreement. This report must include all of the following information:

(1) Name and address of the injured or deceased person, and

(2) Name and address of Proposer’s subcontractor (if any), and

(3) Name and address of Proposer’s Liability Insurance Carrier, and

(4) A detailed description of accident and whether any of County’s equipment or material was involved.

Cooperative Agreement

Agreement may be used by other governmental agencies, school districts, and special districts upon mutual consent of both parties. The proposer shall provide firm fixed pricing for all items or services, as specified herein, and allow agencies to purchase said goods or services at any time during the effective period of the resulting County of Marin Contract and/or Purchase Order.

Damages

The proposer shall be held responsible for damage to existing facilities/sites, or to completed new work, that may be caused by the proposer's work or workmen. Proposer shall properly repair damage or remove and replace damaged property as appropriate at the proposer’s expense as required by the County of Marin.

Debarment and Suspension Certification

Title 48, Code of Federal Regulation, Part 9.4The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, and manager:

• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;

• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;

• does not have a proposed debarment pending; and

• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Bid. Signing this bid on the signature portion thereof shall also constitute signature of the Certification.

Digital Accessibility

Vendor shall ensure that all digital content and deliverables shall meet the World Wide Web Consortium's (W3C) Web Content Accessibility Guidelines (WCAG), Version 2.2, level AA or most recent version. Vendor is responsible for addressing accessibility problems in any implementation, configuration, or documentation delivered or performed by Vendor, and in any software, documents, videos, and/or trainings given and published by Vendor and delivered under this contract. Applicable laws include but are not limited to Americans with Disabilities Act (ADA), 21st Century Communications and Video Accessibility Act (CVAA), and California Government Code Sections 7405 and 11135.

Vendor will engage in good faith with open and effective communication with County of Marin to solve and address accessibility issues. County of Marin will collaborate with vendor around accessibility, understanding that it is the vendor's responsibility to conduct accessibility testing and create accessible deliverables.

Non-Discriminatory Employee

The County of Marin does not discriminate on the basis of race, color, age, sex, religion, mental or physical disability, marital status, national origin or ancestry, political belief or affiliation, veteran status, sexual orientation, gender identity (including gender expression), genetic information, and any other class of individuals protected from discrimination under state or federal law in any of its activities or operations. This includes, but is not limited to, hiring and firing of staff, selection of volunteers and vendors, and provision of services. We are committed to providing an inclusive and welcoming environment for all members of our staff, clients, volunteers, contractors, subcontractors, vendors, and clients.

By conducting business for or with the County, you are representing your commitment to rejecting inequities and discrimination in employment, services, and practices by ensuring fair and equitable treatment for all. To further this commitment, we encourage vendors from all backgrounds, sizes and experiences to submit proposals for County business opportunities.

Fair Employment Provisions

The contractor awarded this proposal and doing the work herein specified shall not knowingly fail to hire or allow to be dismissed from employment thereon any persons because of race, color, sex, religion, national origin, or creed. The hiring of all labor for the work included in this contract shall be in accordance with applicable directives of the Department of Fair Employment and Housing of the State of California.

The contractor shall comply fully with Titles I and II of the Americans with Disabilities Act (ADA), Sections 508 and 504 of the 1973 Rehabilitation Act as amended in 1998 in that the contractor’s hiring practices do not discriminate against disabled persons.

The contractor shall cooperate fully with the County and affiliated unions to promote and ensure the maximum employment of minorities and other protected group members with particular emphasis on residents of Marin County, in all phases and at all levels of the work. The contractor shall encourage maximum utilization of apprenticeship and other on-the-job training programs to achieve this goal.

Contractor and/or any permitted subcontractor shall not…