On-Call Electrical Maintenance, Repair, and Emergency Services for County Facilities (PWB-2644)

1. Cover Page

County of San Benito

Public Works Department

REQUEST FOR PROPOSALS

On-Call Electrical Maintenance, Repair, and Emergency Services for County Facilities Three-Year, Multiple-Award On-Call Electrical Services Contract Countywide Electrical Services Supporting

Critical Facilities, Operational Continuity, and Emergency Power Restoration 24/7 Emergency Response Availability

PWB-2644

County of San Benito 481 4th Street

Hollister, CA 95023

RESPONSE / PROPOSAL DUE DATE: Friday, November 13, 2026, 2:00 pm

QUESTIONS / RESPONSE MUST BE SUBMITTED ELECTRONICALLY AT:

https://secure.procurenow.com/portal/cosb

2. Introduction

2.1. Summary

The County of San Benito, through its Public Works Department, is soliciting proposals from qualified and licensed electrical contractors to establish a three-year, on-call contract for electrical maintenance, repairs, troubleshooting, and emergency response services at County-owned and operated facilities. Services will be provided on an as-needed basis to support routine facility operations, address electrical deficiencies, and respond to unexpected electrical failures and emergencies.

The selected contractors shall provide qualified personnel, supervision, equipment, tools, materials, and technical expertise to perform electrical services, including electrical distribution system repairs, generator and automatic transfer switch (ATS) troubleshooting, temporary power connections, and emergency power restoration. Contractors must demonstrate the ability to provide timely services, including 24-hour emergency response availability during weekends, holidays, severe weather events, and utility power outages.

The County intends to establish agreements with multiple qualified contractors to ensure adequate service coverage, timely response, and continuity of essential County operations. Work will be assigned as needed and authorized by the County, with no guarantee of a minimum quantity of work or expenditure. Individual work assignments shall not exceed $75,000 per project, subject to applicable provisions of California Public Contract Code Section 22032 under the California Uniform Public Construction Cost Accounting Act (CUPCCAA). Projects exceeding this threshold shall be procured separately in accordance with applicable County purchasing policies and public contracting requirements. Work shall not be divided into smaller assignments to circumvent competitive bidding requirements, pursuant to Public Contract Code Section 22033.

2.2. Background

The County of San Benito has a population of approximate 67,000 residents, inclusive of two incorporated cities, the City of Hollister, and the City of San Juan Bautista. Land area is 1396 square miles. The County is located 30 minutes east of Monterey Bay and 45 minutes south of San Jose and is a General Law County that operates under a County Board of Supervisors, a County Executive Officer, and elected and appointed Department Heads.

The County of San Benito operates and maintains various public facilities, including administrative offices, public safety facilities, detention facilities, parks and recreational facilities, and other County-owned and operated properties that support essential government services and public operations. These facilities rely on electrical distribution systems, lighting, standby generators, automatic transfer switches, and associated electrical equipment to maintain safe and reliable operations.

Electrical maintenance, repairs, and system troubleshooting are essential to addressing equipment deficiencies, maintaining operational reliability, and minimizing disruptions to County services. In addition, severe weather conditions, including El Niño-related storms and other significant weather events, may result in utility power outages, electrical equipment failures, flooding-related electrical hazards, and disruptions to emergency power systems. These conditions may require immediate technical assistance to diagnose electrical failures, restore power, and maintain critical County facility operations.

To improve operational readiness and emergency response capabilities, the County seeks to establish a three-year pool of qualified electrical contractors available to provide both scheduled and emergency electrical services. This approach will allow Public Works to obtain specialized electrical assistance as needed, respond promptly to unexpected failures, and support the continued operation of County facilities during normal conditions and emergency events.

2.3. Contact Information

Project Contact:

Salman Kazmi Capital Program Manager 2301 Technology Pkwy Hollister, CA 95023 Email: skazmi@sanbenitocountyca.gov Phone: (831) 801-0476 Procurement Contact:

Salman Kazmi Capital Program Manager 2301 Technology Pkwy Hollister, CA 95023 Email: skazmi@sanbenitocountyca.gov Phone: (831) 801-0476 Department:

Capital Improvement Projects

Department Head:

Adolfo Gonzalez Public Works Administrator

2.4. Timeline

Solicitation Release Date October 30, 2026

Request for Clarification Due Date November 4, 2026, 4:00pm

County Responses to Clarification Requests – Due Date

November 10, 2026, 4:00pm

Proposal Submission Due Date November 13, 2026, 2:00pm

Anticipated Contractor Selection – Week of

November 23, 2026

3. Project Details / Scope of Work

Project Documents and Specifications

The County of San Benito is soliciting proposals from qualified electrical contractors to establish three-year, on-call contracts for electrical maintenance, repair, troubleshooting, and emergency response services at County-owned and operated facilities.

The scope of services, contractor qualifications, emergency response requirements, pricing requirements, and other applicable terms and conditions are outlined in this Request for Proposals (RFP).

Proposers shall carefully review all requirements and specifications contained in this RFP before submitting their proposals.

Additional information can be found in project document(s) available below for download:

Attachment(s):

A. Draft Contract (Sample) B. Documents Required from Selected Contractor(s) Prior to Contract Execution

4. Pricing Table

ON-CALL ELECTRICAL SERVICES – SCHEDULE OF RATES

Line Item Description Unit of Measure Total Cost ($)

1 Routine Electrical Service Call – Includes mobilization and first 2 hours of labor

Each

2 Additional Electrical Labor – Beyond Initial 2 Hours Hour

3 Emergency Electrical Service Call – After Hours, Includes Mobilization and First 2 Hours

Each

4 Emergency Electrical Service Call – Weekend/Holiday, Includes Mobilization and First 2 Hours

Each

5 Additional Emergency Electrical Labor Hour

6 Generator / ATS Troubleshooting – Regular Hours, Includes Mobilization and First 2 Hours

Each

7 Generator / ATS Emergency Troubleshooting – After Hours, Weekends, and Holidays, Includes Mobilization and First 2 Hours of Labor

Each

8 Materials Markup %

9 Subcontractor Markup %

5. Evaluation Criteria / Process

Evaluation Criteria / Process:

The County will evaluate proposals based on contractor qualifications, relevant experience, technical capabilities, emergency response availability, and proposed pricing. An Evaluation Committee will review and score proposals using the criteria below.

Proposal Evaluation Criteria (100 Points)

Evaluation Criteria Points

Relevant Experience in Electrical Maintenance, Repairs, Emergency Services, Including Experience with

Government and Public Facilities

Emergency Response Availability and Mobilization

Capability

Technical Qualification, Staffing, and Equipment Resources 20

Proposed Pricing and Cost Competitiveness 20

References and Past Performance 10

Total 100

The County will evaluate and rank proposals based on the established evaluation criteria. As part of the selection process, the County may request additional information, verify references, or conduct interviews, as deemed necessary. The County reserves the right to select one or more qualified contractors whose proposals best meet the County's operational needs, technical requirements, and cost considerations. Final selection and contract award shall be subject to successful negotiations and applicable County approval requirements.

6. Terms and Conditions

The following Terms and Conditions apply to this Request for Proposals (RFP) and any resulting agreement(s) for On-Call Electrical Maintenance, Repair, and Emergency Services for County Facilities.

1. Contractor Licensing and Qualifications

Contractors shall possess and maintain a valid California Contractors State License Board (CSLB) Class C-10 Electrical Contractor License and all applicable licenses, certifications, and registrations required to perform the services. The County reserves the right to verify contractor qualifications, experience, references, and available resources.

2. Prevailing Wage and DIR Registration

Contractors and subcontractors shall comply with applicable California prevailing wage laws and Department of Industrial Relations (DIR) registration requirements for work classified as public works. Applicable labor compliance requirements shall be satisfied for each authorized assignment.

3. Pricing and Compensation

Proposers shall submit pricing in accordance with the electronic Schedule of Rates included in this RFP. Proposed rates shall include applicable labor, mobilization, travel, and other charges as specified in the pricing schedule. Materials and approved subcontractor services shall be billed in accordance with the accepted markup rates. No additional charges shall be permitted without prior County authorization.

4. Contract Term and Work Authorization

The anticipated contract term shall be three (3) years from the effective date of the executed agreement. Services shall be provided on an as-needed basis and only upon authorization by designated County representatives. The County does not guarantee any minimum quantity of work or expenditure. All assignments shall be subject to available funding and applicable procurement requirements. Individual work assignments shall not exceed $75,000 per project, subject to applicable provisions of California Public Contract Code Section 22032 under the California Uniform Public Construction Cost Accounting Act (CUPCCAA). Projects exceeding this threshold shall be procured separately in accordance with applicable County purchasing policies and public contracting requirements. Work shall not be divided into smaller assignments to circumvent competitive bidding requirements, pursuant to Public Contract Code Section 22033.

5. Emergency Response and Availability

Contractors shall maintain the emergency contact information and response capabilities specified in the Scope of Work. Emergency services may be required outside regular business hours, including weekends and holidays. Contractors shall promptly notify the County if they are unable to meet the required response time.

6. Labor, Materials, and Equipment

Contractors shall furnish all qualified personnel, supervision, materials, tools, equipment, transportation, and other resources necessary to perform authorized services. Materials and equipment shall be new, free from defects, and suitable for their intended use unless otherwise approved by the County.

7. Subcontractors

The use of subcontractors shall require prior written authorization from the County.

Subcontractors shall maintain all applicable licenses, certifications, and registrations. The prime contractor shall remain responsible for the performance, quality, safety, and coordination of all subcontracted services.

8. Safety and Regulatory Compliance

All services shall comply with applicable federal, state, and local laws, electrical codes, Cal/OSHA regulations, and County safety requirements. Contractors shall implement appropriate electrical safety procedures, including lockout/tagout and safe isolation of electrical equipment.

9. Insurance and Bonding

Contractors shall maintain insurance coverage in accordance with County contract requirements.

Performance bonds, payment bonds, and other applicable securities may be required for individual work assignments in accordance with California law and County requirements.

10. Work Documentation and Invoicing

Contractors shall provide service documentation identifying the work performed, personnel assigned, labor hours, materials used, and applicable charges. Invoices shall reference the County's authorization and include supporting documentation as required. Charges exceeding authorized amounts shall require prior County approval.

11. Governing Law and Venue

This RFP and any resulting agreement shall be governed by the laws of the State of California.

Jurisdiction and venue for disputes shall be in the appropriate courts serving San Benito County, California.

12. County Rights and Reservations

The County reserves the right to accept or reject any or all proposals, request additional information, waive minor irregularities to the extent permitted by law, cancel or modify the solicitation, and negotiate with qualified proposers. Issuance of this RFP does not obligate the County to award a contract or reimburse any proposal preparation costs.

13. Standard County Agreement

Selected contractors shall be required to execute the County's standard agreement and comply with all applicable contractual, insurance, indemnification, and administrative requirements.

Contract awards shall be subject to applicable County approval procedures.

14. Electronic Proposal Submission

Proposals shall be submitted electronically through the County's OpenGov Procurement portal in accordance with the solicitation instructions and submission deadline. Questions regarding the

RFP shall be submitted through OpenGov, and official clarifications shall be issued in writing through the same portal.

7. Electronic Response Submission

7.1. Name of the Business.*

Please enter the Official Name of your Business, and DBA (if applicable).

*Response required

7.2. Federal Tax ID Number.*

Please enter your Federal Tax ID Number.

*Response required

7.3. Cover Letter*

The response / 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) of the representative of the proposer that is responsible for communication related to this Solicitation.

• 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 response / proposal and has not violated the terms of this Solicitation. The person authorized by the proposer to negotiate a contract with the County must sign the cover letter.

*Response required

7.4. TECHNICAL Proposal Documents*

Proposers shall upload a technical proposal demonstrating their qualifications and ability to provide on-call electrical maintenance, repair, and emergency services for County facilities.

The proposal shall include:

A. Company Experience: Relevant electrical maintenance, repair, and emergency service experience, including work performed for government agencies, public facilities, or similar commercial facilities.

B. Emergency Response Capability: Availability for 24/7 emergency services, anticipated response times, mobilization procedures, and ability to respond during multiple simultaneous emergencies.

C. Personnel and Qualifications: Key personnel, CSLB C-10 license information, relevant certifications, and staffing resources.

D. Equipment and Technical Capabilities: Available equipment and experience with electrical distribution systems, generators, automatic transfer switches (ATS), and electrical troubleshooting.

E. References: At least three references for similar services performed within the past five years, including contact information.

*Response required

7.5. Cost (Fee) Proposal.*

COST PROPOSAL shall be Submitted using the Pricing Table Only.

☐ Please confirm *Response required

7.6. Complete and Upload List of Subcontractors.*

Identify any subcontractors proposed for the services, including business name, CSLB license classification, and anticipated scope of work. If no subcontractors are proposed, indicate "None."

All subcontracting shall be subject to County approval and applicable legal requirements.

*Response required

7.7. Emergency Services Confirmation

By selecting “Yes,” the proposer confirms its ability to provide emergency electrical services 24 hours a day, 7 days a week, including weekends and holidays, in the event of electrical failures, power outages, severe weather events, or other emergencies affecting County facilities. The proposer also confirms its ability to respond and mobilize in accordance with the emergency response capabilities identified in its technical proposal.

☐ Yes

☐ No

7.8. Additional / Supplemental Information (Optional)

Additional / supplemental information beyond what has been requested, such as Client References, Project-Specific Examples (Sample Projects) may be added here if the Proposer feels that such information may be helpful to the County in its decision making process.

7.9. 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 County intends to award contracts to multiple qualified proposers based on the evaluation criteria established in this RFP and in the best interests of the County.

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 contract award and re-solicit for services if the selected contractor fails to commence services within the required timeframe or comply with the emergency response and mobilization commitments established in the executed contract.

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

7.10. Review of County Standard 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"

7.10.1. Suggested Changes to the County Standard 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

7.11. Non-Collusion Declaration.*

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 to 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 proposer.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

☐ Please confirm *Response required

7.12. 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

7.13. 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

7.14. 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

7.15. 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 Solicitation.

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 Solicitation.

☐ Please confirm *Response required

8. Terms and Conditions

Terms and Conditions

1. Submission Deadline

Proposals must be electronically received by the due date 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 be completed 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 Solicitation 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 Solicitation 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 waivers will not modify any remaining

Solicitation requirements.

5. Evaluation of Proposals

Evaluation Committee: A committee or individual staff person(s) ("Reviewer(s)" will evaluate and score proposals based on the evaluation criteria and corresponding point allocations established in the Evaluation

Criteria / Process section of this RFP.

The County may request additional information, verify references, or conduct interviews with selected proposers as necessary to complete the evaluation process.

The County reserves the right to select one or more qualified contractors based on overall qualifications, relevant experience, technical capabilities, emergency response availability, proposed pricing, and the best interests of the County. Selection will not necessarily be based on the lowest proposed price.

Any contract award shall be subject to successful contract negotiations and applicable County approval requirements.

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 Solicitation (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 Solicitation 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 Solicitation 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 Solicitation 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

Solicitation 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 procurement.

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 Solicitation

Proposers are responsible for reviewing all portions of this Solicitation. Proposers are to notify the department, in the OpenGov portal, if the proposer discovers any ambiguity, discrepancy, omission, or apparent error in the Solicitation. 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 Solicitation should be lodged in OpenGov portal.

11. Objections to Solicitation Terms

Should a proposer object on any ground to any provision or legal requirement set forth in this Solicitation, 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 Solicitation, in whole or in part, for any reason. Revisions will be posted as Addenda on the OpenGov portal. No other revision of this Solicitation 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 Solicitation 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 Solicitation 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

Solicitation or participating in any presentations or negotiations.

17. Estimated Quantity

The County does not guarantee any minimum quantity of work, service calls, or expenditures under the resulting agreement. Services will be requested on an as-needed basis, subject to County authorization and available funding. The actual volume and frequency of services may vary throughout the contract term.

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 Solicitation will be a public record. Submission of any materials in response to this

Solicitation (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 Solicitation.

20. Reservations of Rights by the County

The issuance of this Solicitation 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 a Solicitation

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 Solicitation, or the requirements for contents or format of the proposals

E. Procure any materials, equipment or services specified in this Solicitation by any other means

F. Determine that no project will be pursued

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

H. The County reserves the right to request any further documentation that it deems appropriate and necessary for the review and award process, during both the initial SOQ review process and the negotiation/award appointment phase.

21. No Waiver

No waiver by the County of any provision of this Solicitation 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

Solicitation.

22. Proposer Responsibility

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

23. Reimbursement of Costs

The County shall not pay any costs associated with the preparation, submittal, or presentation of any

Proposals, nor costs incurred by the Responding Firms during the interview and negotiations phase of the solicitation process.

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.

24. 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.

25. 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.

26. Questions

If you have further questions regarding the Solicitation, please submit them through the OpenGov Portal.