Bid Notice.pdf

County Of San Benito CSA- Janitor Services at Santana Ranch Park Restrooms (2025-RFP-029)

1. Title Page

COUNTY OF SAN BENITO

Public Works

2025-RFP-029

Janitorial Services for Santana Ranch Park Restrooms

Request for Proposal

SUBMIT ELECTRONIC RESPONSE BY:

Friday, October 30, 2026, at 4:00 pm via OpenGov portal at https://procurement.opengov.com/portal/cosb

Release Date: Tuesday, October 13, 2026 Request for Clarification/Question Deadline: Friday, October 16. 2026, 4:00 pm Proposal Submission Due Date: Friday, October 30, 2026,

2. INTRODUCTION

2.1. Summary

San Benito County is requesting proposals from qualified contractors to provide janitorial services for the public restrooms at Santana Ranch Park (CFD 2015-1) in Hollister, California.

Services shall include, but are not limited to, cleaning, disinfecting, and sanitizing restroom facilities; restocking restroom supplies; removing trash; and maintaining the restrooms in a clean, sanitary, and presentable condition for park users. The Contractor shall provide all labor, supervision, cleaning products, equipment, and supplies necessary to perform the services, except for items expressly identified in the Scope of Services as County-provided.

Services shall be performed at the frequencies and in accordance with the requirements established by the County, including scheduled weekly or twice-weekly service and on-call cleaning, as applicable.

The proposed contract term is three (3) years, with up to two (2) optional one (1) year extensions. Any extension will be at the County’s discretion and based on the Contractor’s satisfactory performance.

2.2. Background

Santana Ranch Park, located in Hollister, California, provides residential opportunities for residents and visitors. maintaining clean, sanitary and well- stocked public restrooms facilities is essential to protecting public health, promoting visitors' safety, and ensuring a positive park experience for the community. Due to regular public use, the park restroom facilities require consistent cleaning, disinfection, sanitizing and restocking of restrooms supplies. The County seeks to establish a reliable janitorial services contract to maintain restrooms facilities in a clean, presentable and sanitary condition. Services must be performed according to the County's established standards and required services schedule. Through this procurement, the County of San Benito intends to select a qualified and dependent contractor with the experience, Staffing and resources necessary to provide effective janitorial services at Santana Ranch Park. The selected contractor will help maintain the quality and usability pf the park's public restroom facility and support the County's commitment to providing clean, safe and accessible public spaces for the public.

2.3. Contact Information

Linda Young CSA Coordinator Email: liyoung@sanbenitocountyca.gov Phone: (831) 902-2161

Department:

Public Works

Department Head:

Adolfo Gonzalez Public Works Administrator

2.4. Timeline

Release Date October 13, 2026

Question Submission Deadline October 16, 2026, 4:00pm

Proposal Due Date and Time October 30, 2026, 4:00pm Electronic Submittal Location:

https://procurement.opengov.com/portal/cosb

Contractor Selection Date November 5, 2026

3. Scope of Work

3. Scope of Work

The Contractor shall provide the following services for the benefit of the County, including services at CFD 2015-1 Santana Ranch. Services shall include weekly or biweekly cleaning and restocking of the restrooms at Santana Ranch Park in Hollister, California.

The Contractor shall perform all services in a professional, safe, sanitary, and workmanlike manner, to the County’s satisfaction.

A. Trash Removal and Disposal

The Contractor shall remove trash from receptacles located inside the restrooms and in the vending machine and snack areas. The Contractor shall:

• Place trash in plastic bags and secure each bag with a bag tie before disposal.

• Clean and disinfect each trash container, inside and out, and return it to its original location.

• Replace any missing, torn, or visibly soiled trash can liner.

B. Restroom Supplies and Service Standards

The Contractor shall provide all labor, supervision, equipment, tools, cleaning chemicals, disinfectants, and other materials necessary to perform the work. During each service visit, the Contractor shall:

• Replenish toilet paper, paper towels, and soap as needed to keep all dispensers adequately stocked.

• Inspect and test the operation and serviceability of paper towel, toilet paper, and soap dispensers.

• Report any inoperable or damaged dispensers to the County’s Contract Administrator.

C. Cleaning and Sanitation

The Contractor shall clean and disinfect toilets, sinks, water fountains, door handles (inside and outside), keypads, light switches, soap dispensers, air dryers, and toilet paper dispensers. The Contractor shall also wipe down the baby-changing station.

• The Contractor shall thoroughly wash down the restrooms at least once per month and promptly address spills, stains, odors, and other unsanitary conditions.

• The Contractor shall keep floors clean, swept, and mopped, and shall take appropriate steps to prevent slip hazards.

• The Contractor shall remove cobwebs, dust, dirt, and debris from ceilings, vents, and other accessible areas.

D. Facility Security and Maintenance Reporting

The Contractor shall secure the restroom facilities after each service visit and promptly report any damage, vandalism, plumbing issues, leaks, broken fixtures, or other maintenance concerns to the County.

• Before leaving, the Contractor shall photograph any observed damage or maintenance issue and provide the photographs to the County.

• The Contractor shall check that the keypad, door handle, and lock are functioning properly and report any problems to the County.

• The Contractor shall inspect and test the lights and report any problems to the County.

E. Legal and Safety Requirements

The Contractor shall comply with all applicable federal, State of California, and County laws, regulations, and requirements, including applicable health and safety requirements. As applicable to the work, the Contractor shall:

• Maintain required registrations and business licenses, including any registration required by the California Labor Commissioner.

• Comply with applicable federal OSHA standards, including requirements for personal protective equipment, hazardous-material handling, and workplace safety programs.

• Follow applicable EPA requirements for lead-based paint or asbestos when the work involves those materials.

F. County Responsibilities

The County shall provide trash can liners, toilet paper, and refill containers for soap dispensers.

Service Start Date

Services shall begin no later than 30 calendar days after the later of the contract award or issuance of the purchase order.

4. Electronic Proposal

4. Electronic Proposal

4.1. Business Name*

Please enter the name of your business, and DBA (if applicable)

*Response required

4.2. Federal Tax ID Number *

Enter your Federal Tax ID Number

*Response required

4.3. Cover Letter*

The proposal must be submitted with a cover letter describing the proposer’s interest and commitment to the proposed project. The letter must contain:

• Name, title and contact information (email, phone, and address) for representative of proposer that is responsible for communication related to this RFP.

• Name, title, contact information, and signature of person authorized to obligate firm to perform the commitment contained in the proposal.

Submission of the letter will constitute a representation by proposer that it is willing and able to perform the commitments contained in the proposal and has not violated the terms of this RFP. The person authorized by the proposer to negotiate a contract with the County must sign the cover letter.

*Response required

4.4. Technical*

This section shall provide the proposer’s detailed information regarding the firm's technical capabilities. The response should show:

Quality, comprehensiveness, and clarity in the submitted response

Statement of company's understanding of the work to be performed and the company's ability to carry out the specified scope of work.

Any relevant details regarding Company's proposed project approach, communication plan, methodology and quality assurance/quality control plans.

*Response required

4.5. Project Approach *

This section should correlate to the Scope of Work. Proposer should give a short summary describing how it will perform the relevant work. (Not exceeding two pages)

*Response required

4.6. Proposed Schedule *

Attach proposed schedule and reference Contractor's ability to complete the project within the County's required time frame (not to exceed two pages).

*Response required

4.7. Scope of Work Tasks/Milestones*

Describe your proposed approach to tasks/milestones. (not to exceed 2 pages)

*Response required

4.8. Innovations (not normally used)*

Reference any notable innovations or improvements that you expect to provide (with respect to, for example, efficiency, technology, sustainability or other areas.)

*Response required

4.9. Firm Qualifications/Team Member Qualifications and Experience*/* Firm Experience and Qualifications

The proposer shall provide the following information:

• A brief description of the firm, including its experience providing janitorial services.

• A description of up to three contracts for janitorial services that are similar in scope, preferably for public agencies. For each contract, provide:

o See Question 11 for reference form to include client name and contact information for a reference, including telephone number and email address;

o Locations and types of facilities serviced;

o Services provided and frequency of service;

o Contract term and approximate annual contract value;

o Staffing and supervision provided; and o A brief summary of the work and the proposer’s record of meeting service schedules and contract requirements.

• Each contract description shall be limited to one page.

• Identification of any anticipated subcontractors and a description of the services they will perform, if known.

Key Personnel and Staffing

The proposer shall identify the key personnel who would be assigned to the contract, including the contract manager, on-site supervisor, and cleaning staff, if known. For each person, provide relevant qualifications and experience with similar janitorial services.

The proposer shall describe its approach to staffing and supervision, including how it will maintain service coverage during employee absences and ensure that assigned personnel are familiar with the facilities and service requirements. Key personnel shall remain assigned for the term of the contract unless a replacement is approved by the County.

*Response required

4.10. Agency References*

Please download the below documents, complete, and upload.

The Offeror shall provide the (3) references of government agencies and or firms for whom they have provided similar services during the last three (3) years. Please use Provided Attachment, complete, and upload.

• Agency_Reference_Form-1.docx

*Response required

4.11. Fee Proposal *

The Fee Proposal should be submitted as a separate PDF file from any other responses, and shall be uploaded here.

The County reserves the right to accept other than the lowest priced offer.

The fee proposal is provided in the attachment section to fill out and submit.

*Response required

4.12. Additional/Supplemental Information (Optional)

Additional/supplemental information beyond what has been requested may be added here if the Proposer feels that such information may be helpful to the County in its decision making process.

4.13. County Contract*

Proposer should review the County of San Benito's Standard Contract and any Special Terms provided. If the Proposer makes qualifications to the standard contract, those qualifications must be identified and uploaded here along with suggested modifications to the contract. [Note:

Scope of Work and Budget Detail and Payment Provisions for the contract, will be finalized during the contract negotiation process.] If the proposer makes no qualifications to the Standard Contract or any additional terms provided, including any additional attachments or exhibits, then it shall be deemed that the Proposer accepts all terms without reservation or any qualifications.

*Response required

4.14. Review of Contract*

Review of Contract

I have reviewed the County of San Benito's Standard Contract and any Special Terms provided. If I check "Yes" below, I have accepted the contract's standard terms and conditions (to the extent currently drafted) without qualifications.

If I check "No", it means I have suggestions or changes to the proposed contract.

[Note: Scope of Work and Budget Detail and Payment Provisions for the contract, will be finalized during the contract negotiation process.]

☐ Yes

☐ No *Response required

When equals "No"

4.14.1. Suggested changes to contract *

You have indicated that you have suggested changes to the draft contract. If so, those qualifications must be identified and listed along with suggested modifications to the contract and uploaded here.

*Response required

4.15. Non-Collusion Declaration (Required for all RFP's)*

Non-Collusion Declaration Pursuant to Public Contract Code Sec. 7106

The undersigned declares: I am the authorized representative of the party making the foregoing proposal.

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

Any person executing this declaration on behalf of a proposer 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.

☐ Please confirm

4.16. Disclosure of Criminal and Civil Proceedings**

Describe all ongoing and past civil and criminal proceedings within the last 10 years. Indicate the status of current proceeding and the outcome of closed or completed actions. Also, describe, if any, how the outcome of actions impacted company business operations.

Note: if no civil and criminal proceedings within the last 10 years, please indicate that there are none.

*Response required

4.17. Drug-Free Workplace Certification**

The contractor or grant recipient named on this proposal hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The contractor will:

1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).

2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:

A. The dangers of drug abuse in the workplace B. The person's or organization's policy of maintaining a drug-free workplace C. Any available counseling, rehabilitation and employee assistance programs D. Penalties that may be imposed upon employees for drug abuse violations

3. Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed contract or grant:

A. Will receive a copy of the company's drug-free policy statement B. Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant

CERTIFICATION

I, the official submitting this proposal, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the above described certification. I am fully aware that this Certification, executed on the date of proposal submittal and in the County below, is made under penalty of perjury under the laws of the State of California.

☐Please confirm *Response required

☐ Please confirm *Response required

4.18. San Benito County Reservations**

County of San Benito Hereby Reserves the Following Rights:

The County of San Benito reserves the right to make an award in whole or in part or any varying combination of the following requirements that will be in the best interest of the County, and not necessarily to the lowest Contractor. The intended award of Contract shall be made to the highest rated Proposer based on the evaluation criteria stated within the RFP.

Right of Rejection

The County reserves the right to reject any and all proposals, or to cancel this RFP in part or in its entirety.

The County reserves the right to waive any variances in proposals provided such action is in the best interest of the County.

The County reserves the right to amend this RFP at any time. The County also reserves the right to cancel or reissue the RFP at its sole discretion.

Any proposal received which does not meet the stated prerequisites of this RFP may be considered to be non-responsive, and may be rejected. The County may reject any proposal that does not comply with all of the terms, conditions, and performance requirements as stated within the RFP.

The County reserves the right to cancel any award and re-solicit proposals for services herein specified due to the increased or added costs, if in its opinion increased prices are greater than those of the general market.

The County reserves the right to cancel any award and re-solicit in the event services cannot commence with ten (10) days after the specified date for start of work, or in compliance with the start date as set forth in the contract as agreed on between the parties.

The County reserves the right to reject any and all proposals considered not to be in the best interest of the County.

The County reserves the right to waive any and all minor irregularities in proposals.

The County reserves the right to reduce or increase any specification, in whole or in part due to changes in budget allocations.

I declare under penalty of perjury under the laws of the State of California that I have read the above reservations as stated by the County of San Benito.

☐ Please confirm *Response required

4.19. Debarment Certification**

By submitting a bid/offer/proposal/quote to the County of San Benito, under penalty of perjury, I, the Proposer, hereby certify that the Prospective Contractor and/or its officers, directors, and employees:

A. Are not currently excluded, debarred, or otherwise ineligible to participate in a federally funded program

B. Have not been convicted of a criminal offense related to the provision of federally funded items or services nor has been previously excluded, debarred, or otherwise declared ineligible to participate in any federally funded programs, and

C. Are not, to the best of its knowledge, under investigation or otherwise aware of any circumstances which may result in contractor being excluded from participation in federally funded programs.

This representation shall be an ongoing representation during the term of any contract awarded to the Prospective Contractor. If awarded a contract, Prospective Contractor hereby commits to immediately notify the County of any change in the status of the representations set forth in this Form.

Prospective Contractor authorizes the County to independently verify its suspension and debarment status.

Prospective Contractors are cautioned that making a false certification may subject the certifier to criminal prosecution or administrative sanctions.

I certify that I am authorized by the company named above to respond to this request.

☐ Please confirm *Response required

4.20. Certification of Compliance**

The proposer does hereby make certification and assurance of the Proposer’s compliance with:

The laws of the County of San Benito:

https://codelibrary.amlegal.com/codes/sanbenitocounty/latest/overview

Title VI of the federal Civil Rights Act of 1964:

https://www.justice.gov/crt/fcs/TitleVI-Overview

Title IX of the federal Education Amendments Act of 1972:

https://www.justice.gov/crt/title-ix-education-amendments-1972

The Equal Employment Opportunity Act and the regulations issued thereunder by the federal government:

https://www.justice.gov/jmd/hr-order-doj12001-part-4-equal-employment-opportunity

The Americans with Disabilities Act of 1990 and the regulations issued thereunder by the federal government:

https://www.ada.gov/pubs/adastatute08.htm

All contract employees performing services and/or work as a result of this solicitation must have documented legal authority to work in the United States of America, The condition that the submitted proposal was independently arrived at, without collusion, under penalty of perjury; and, The condition that no amount shall be paid directly or indirectly to an employee or official of the County of San Benito as wages, compensation, or gifts in exchange for acting as an officer, agent, employee, subcontractor, or consultant to the Proposer in connection with the Procurement under this RFP.

Further, by signing below, I certify under penalty of perjury that the information provided in the submitted proposal is true and correct to the best of my knowledge. I will update the above information as needed. I further, if selected, this company will conform to all Federal, State, and local laws covering the work provided. I understand the submission of this application does not guarantee use as a vendor/contractor for the County. I understand the County reservation of rights in the RFP.

☐ Please confirm

5. Evaluation Phase

5. Planned Evaluation Criteria

No. Evaluation Criteria Scoring Method Weight (Points)

1. General Qualifications and Experience Qualifications and Experience Weight: 25% Considerations: Proposer background and reputation demonstrated assigned personnel and sub-contractors have required education, experience and professional qualifications.

provided a detailed description of the methodology/scope of work to complete the project.

Points Based 25 (25% of Total)

2. Technical Review Technical Review Weight: 25% Considerations: Statement of understanding of the County’s needs, work plan, scheduling, technical specifications and functionality, quality control, training, adequacy of support staff and subcontractors, risk management, and value-added aspects.

Points Based 25 (25% of Total)

3. Cost of Service Cost evaluation, 25%

Considerations: Rate of scheduled services and the overall cost of the County.

Points Based 25 (25% of Total)

4. Experience with similar kinds of work Considerations: Satisfactory performance of similar work, demonstrated knowledge and expertise, work product, quality of interactions, capability of assigned team members, and likelihood of continued use.

The references may be checked by staff and relayed to the evaluation Committee.

Points Based 25 (25% of Total)

6. Instructions to Proposers / Terms and Conditions

6. Submission Requirements, Evaluation, Negotiations, Acceptance Scope of Work

1. Submission Deadline

Proposals must be electronically received by 4:00 pm via the OpenGov system. The main page for the County is located at: https://procurement.opengov.com/portal/cosb.

Allow sufficient time for the upload to complete by the due date and time. Partial uploads will automatically terminate, and proposals will be rejected. The OpenGov system submission time will be the official submission time. The County will not be responsible for and may not accept proposals that are late due to slow internet connections or for any other failure of the OpenGov system.

NOTE: The County does not maintain the OpenGov system and is not liable for site failures or technical problems. To resolve technical issues, contact OpenGov Technical Support by using the real-time chat located in the lower right hand corner of the screen, or via email at procurement-support@opengov.com

2. Pre-submission Registration

Organizations or individuals interested in responding to this solicitation must register online with the County of San Benito at: https://procurement.opengov.com/portal/cosb

3. Electronic Submissions

It is recommended to include the proposer's name and the RFP title and number in each file name. Documents should be created in the following format:

• Text should be Times New Roman (12-point minimum font size)

• Pages should have margins of at least one inch on all sides (excluding headers and footers)

• If the proposal is lengthy, a Table of Contents should be included.

• PDF format is preferred.

4. Errors in Proposals

The County will not be liable for any errors in this RFP or in submitted proposals. Proposals may be rejected as unresponsive if they are late, incomplete, missing pages or information, or cannot be opened for any reason.

The County may waive minor irregularities, but such waiver will not modify any remaining RFP requirements.

5. Evaluation of Proposals

Evaluation Committee: A committee or individual staff person(s) ("Reviewer(s)") may evaluate all proposals.

Reviewer(s) will score and recommend proposals in accordance with the evaluation criteria set forth herein.

Evaluation of the proposals shall be within the sole judgment and discretion of Reviewer(s).

At the County's discretion, the top-rated firms scoring highest on the first round of evaluations will be invited for an interview and further rated. The County reserves the right to determine the number of proposers to be interviewed. The same evaluation criteria used for the proposal evaluation process may be used to rate the firms during the interviews, or Reviewers(s) may develop additional questions. At the end of the interview process, Reviewer(s) will re-rank the firms to determine the best evaluated firm. The project manager and any key team members should attend the interview. The determination as to the need for interviews, the location, order and schedule of the interviews is at the sole discretion of the County. The evaluation interview panel may include representatives from the County, and potentially from other agencies, but the specific composition of the panel will not be revealed prior to the interviews. The proposer must bear all costs incurred to attend.

The County will select the proposal that presents the best value and is most advantageous to the County and the public. Accordingly, the County may not necessarily award the proposer with the lowest price proposal if doing so would not be in the overall best interest of the County. The County reserves the right to expand or reduce the proposed scope of work during the contract negotiations based on budget constraints and to award to a single or multiple proposers.

The evaluation criteria and their respective weights are set forth in the "Evaluation Phase" of this RFP.

6. Negotiations and Notice of Intent to Award, Acceptance Period

After the evaluation of proposals and final consideration of all pertinent information available, the County may reject all proposals. If a decision is made to take steps to enter into an agreement with one or more proposers, the County will post a Notice of Intent to Award or otherwise notify proposers the remaining proposers of their non-selection. If a Notice of Intent to Award is issued, the notice shall not create rights, interests, or claims of entitlement for the highest-rated Proposer and all proposals may still be rejected.

The highest-rated Proposer should be prepared to enter into a Contract with the County which shall be substantially the same as the Standard Contract included as an attachment to this RFP (except as to the scope of work and compensation). Please ensure that your firm has completed legal review of these contract terms.

The County will consider Contract Exceptions Requests but reserves the right to reject requested modifications to its standard terms.The Contract provided with this RFP is to be considered a sample and the County reserves the right to add terms and conditions, deemed to be in the best interest of the County based on the selected proposal, during final contract negotiations.

If a Proposer fails to sign and return the Contract drawn pursuant to this RFP and final Contract negotiations within 14 days of its delivery to the Proposer, the County may cancel the award and award the Contract to the next highest rated Proposer.

7. Communications

As of the issuance date of this RFP and continuing until it is canceled or an award is made, no proposer or person acting on behalf of a prospective proposer may discuss any matter relating to the RFP with any officer, agent, or employee of the County, other than through the OpenGov portal, to the Authorized Contact Person, or as outlined in the evaluation or protest procedures. Proposers (including any agent, owner, employee, board members, or other such affiliates) shall not offer any gift, favor, or other personal benefit to any County officer or employee during the procurement process for this agreement, including during the solicitation period and contract negotiations. Violation(s) of the foregoing prohibitions may result in a proposer being found non-responsible and barred from participating in this or future procurements.

8. Award Procedure

Contract negotiations are neither an offer nor guarantee that a contract will be executed. A contract award, if any is made, will be to the responsive, responsible proposer offering the overall best value to the County for the services and goods described in this solicitation, or as applicable, for a specific portion of the services and goods described. Any agreement reached will be memorialized in a formal agreement using the attached template, executed by the appropriate authority.

9. Commencement of Performance

After all parties have signed the agreement, the County will notify the contractor and performance may proceed. Prior to execution of the agreement by the County, no County employee may authorize work under the agreement. Any work performed prior to the full execution of the agreement may not be compensated.

10. Errors, Omissions and Inquiries Regarding the RFP

Proposers are responsible for reviewing all portions of this RFP. Proposers are to notify the department, in the

OpenGov portal, if the proposer discovers any ambiguity, discrepancy, omission, or apparent error in the RFP. Such notification should be made promptly after discovery, but in no event later than five business days prior to the deadline for receipt of proposals. Modifications and clarifications, if determined necessary by County, may be made by addenda as provided below. Inquiries regarding the RFP should be lodged in OpenGov portal.

11. Objections to RFP Terms

Should a proposer object on any ground to any provision or legal requirement set forth in this RFP, the proposer must, not less than five business days prior to the deadline for receipt of proposals, provide written notice to the department, via the OpenGov portal, setting forth specific grounds for the objection.

12. Addenda

The County may cancel, revise, or reissue this RFP, in whole or in part, for any reason. Revisions will be posted as Addenda on the OpenGov portal. No other revision of this RFP is valid. Proposers shall be responsible for ensuring that their proposals reflect any and all Addenda issued by the County prior to the proposal due date regardless of when a proposal is submitted. Therefore, the County recommends that proposers consult the OpenGov portal frequently, including shortly before the proposal due date, to confirm that all Addenda have been downloaded.

13. Term of Proposal

Submission of a proposal signifies that the proposed services and prices are valid for the duration of the proposed agreement term, unless otherwise specified in the proposal, and that the quoted prices are genuine and not the result of collusion or any other anti-competitive activity.

14. Revision or Withdrawal of Proposal

A proposer may revise or withdraw a proposal on the proposer’s own initiative at any time before the deadline for submission of proposals. The proposer must submit the revised proposal in the same manner as the original on or before the proposal due date. After that time, whether or not a new RFP is issued for the same subject matter, withdrawal of a proposal may preclude the proposer from participating in the procurement as a proposer or subcontractor.

15. No Commitment

Neither submission of a proposal nor the County’s receipt of proposal materials confers any right to the proposer nor any obligation on the County. This RFP does not commit the County to award a contract.

16. Financial Responsibility

The County shall have no financial responsibility for any costs incurred by a firm in responding to this RFP or participating in any presentations or negotiations.

17. Estimated Quantity

If the RFP results in an indefinite quantity or a requirements agreement, the goods and services actually requested by the County may be less than the maximum value of the agreement and there is no guarantee, either expressed or implied, as to the actual quantity of goods and services that will be authorized under the agreement.

18. Public Record

All proposals, protests, and information submitted in response to this solicitation will become the property of the County and will be considered public records. As such, they may be subject to public review. Any contract arising from this RFP will be a public record. Submission of any materials in response to this RFP (except if submitted as confidential information below) constitutes: (a) consent to the County’s release of such materials under the Public Records Act without notice to the person or entity submitting the materials; (b) waiver of all claims against the County and/or its officers, agents, or employees that the County has violated a proposer's right to privacy, disclosed trade secrets, or caused any damage by allowing the proposal or materials to be inspected; and (c) agreement to indemnify and hold harmless the County for release of such information under the Public Records Act; and (d) acknowledgement that the County will not assert any privileges that may exist on behalf of the person or entity submitting the materials.

19. Confidential Information

Proposers are responsible for asserting any applicable privileges or reasons why a document should not be produced in response to a public record request. If submitting information protected from disclosure as a trade secret or any other basis, identify each page of such material subject to protection as “CONFIDENTIAL.” If requested material has been designated as confidential, the County will attempt to inform the proposer of the public records request in a timely manner to permit assertion of any applicable privileges.

Failure to seek a court order protecting information from disclosure within ten days of the County’s notice of a request to the proposer will be deemed agreement to disclosure of the information and the proposer agrees to indemnify and hold the County harmless for release of such information. Requests to treat an entire proposal as confidential will be rejected and deemed agreement to County disclosure of the entire proposal and the proposer agrees to indemnify and hold the County harmless for release of any information requested.

Trade secrets (or other confidential information) will only be considered confidential if claimed to be a trade secret when submitted to the County, marked as confidential, and compliant with Government Code Section

6254.7. Proposers shall NOT submit confidential material through the regular proposal submittal, but shall submit any such confidential documents through a separate upload. (Ask through the question portal for a confidential upload option if one is not already contained in the RFP.

20. Reservations of Rights by the County

The issuance of this RFP does not constitute an agreement by the County that any contract will actually be entered into by the County. The County expressly reserves the right at any time to:

a. Waive or correct any defect or informality in any response, proposal, or proposal procedure;

b. Reject any or all proposals;

c. Reissue an RFP;

d. Prior to submission deadline for proposals, modify all or any portion of the selection procedures, including deadlines for accepting responses, the specifications or requirements for any materials, equipment or services to be provided under this RFP, or the requirements for contents or format of the proposals;

e. Procure any materials, equipment or services specified in this RFP by any other means;

f. Determine that no project will be pursued;

g. Award responses received on the basis of individual items, or groups of items, or on the entire list of items;

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

21. No Waiver

No waiver by the County of any provision of this RFP shall be implied from any failure by the County to recognize or take action on account of any failure by a proposer to observe any provision of this RFP.

22. Proposer Responsibility

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

23. Preferences for San Benito County Products and California-made materials

In purchases by the County of San Benito for goods, there is a 3% local preference, up to the amount of $500,000. 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.

24. Taxes (as applicable)

Include any sales, use, or federal excise taxes in your response as separate line item(s). 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. Exemption certificates will be furnished when federal excise tax is exempted.

25. Brand Names (as applicable)

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

26. Samples (as applicable)

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.

27. Public Agency Participation

It is intended that any other public agency including, but not limited to, 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, unless Proposal or contract indicates that no "piggybacking" is allowed. This provision in no way commits any affiliate to procure services from any awarded contractor, nor does it guarantee that any additional orders will result. The County of San Benito 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.

At their discretion, and subject to their own procurement policies, interested organizations may make use of this competitive procurement and contract directly from the awarded contractor, unless Contractor notifies County of their non-agreement to this provision in its response.

28. Late Payments:

Should the county be late in making payments against invoices submitted correctly and timely, any interest levied by the vendor for payments shall be limited by the Section 926.10 of the California Government Code.

29. Protests

Any actual Proposer who wishes to protest the Notice of Intent to Award a Contract may submit a protest. All protests must be received by the due date. If a protest is mailed, the protestor bears the risk of non-delivery within the deadlines specified herein. Protests should be transmitted by a means that will objectively establish the date the County received the protest. Protests or notice of protests made orally (e.g., by telephone) will not be considered.

Protests must be delivered to: County of San Benito, Clerk of the Board, 481 Fourth Street, Hollister, CA 95023.

The protest must be submitted in writing to the address within five (5) calendar days after the date of the Notice of Intent to Award the Contract. All letters of protest shall clearly state each and every one of the grounds asserted for the protest. The protest should also state the law, rule, regulation, or policy upon which the protest is based. Pursuant to the County's purchasing policy, the protest shall include, at minimum: (a) the date and action taken resulting in a protest, and (b) identify the material issue, including a detailed explanation of the basis for the protest, and the remedy sought. Specification related protests must be fully supported by technical data test results, or other pertinent information, that the substitute offered is equal to or better than the specification requirement.

The Purchasing Agent, or designee, will issue a written decision within 15 working days following an informal meeting which will be held to attempt to seek informal resolution and/or clarify the issues. In the event the informal resolution procedure is unsuccessful, the protesting party may request an appeal hearing before the Board of Supervisors by filing a written request with the Clerk of the Board no later than five (5) working days after notification of the Purchasing Agent’s decision.

30. Questions

If you have further questions regarding the RFP, please submit them through the OpenGov portal.