REQUEST FOR PROPOSAL

2026-RFP-0059

FULL SERVICE OPERATING LEASES FOR EQUIPMENT AT KEIFER

LANDFILL

County of Sacramento

9660 Ecology Lane

Sacramento, CA 95827

RELEASE DATE: June 24, 2026

DEADLINE FOR QUESTIONS: July 8, 2026

RESPONSE DEADLINE: July 22, 2026, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

County of Sacramento

REQUEST FOR PROPOSAL

FULL SERVICE OPERATING LEASES FOR EQUIPMENT AT KEIFER LANDFILL

1. Definitions

2. Introduction

3. Proposer's Instructions

4. Basis for Award

5. Final Acceptance

6. Project Details

7. Vendor Submissions

8. Sacramento County Standard Terms and Conditions

9. Additional Terms and Conditions

10. Insurance Requirements for Contractors

Attachments:

A - Attach 1a -Dozer Technical Specifications

B - Attach 1b - Dozer special conditions

C - Attach 2a - Compactor Tech Specifications

D - Attach 2b - Compactor special conditions

E - Attach 3 - Sample Standard Contract

F - Attach 4 - Sample Dozer lease agreement

G - Attach 5 - Sample Compactor lease agreement

H - Attach 6a - Dozer price sheet

I - Attach 6b - Dozer additional information

J - Attach 7a - Compactor price sheet

K - Attach 7b - Compactor additional information

Request for Proposal #2026-RFP-0059 Title: FULL SERVICE OPERATING LEASES FOR EQUIPMENT AT KEIFER LANDFILL

1. Definitions

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

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

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

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

Services.

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

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

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

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

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

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

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

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

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

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

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

2. Introduction

2.1. Summary

The County of Sacramento, Department of Waste Management & Recycling is soliciting Proposals for the procurement of Full-Service Operating Leases, for the following equipment, for use at the Sacramento

County Kiefer Landfill:

TWO (2) Tractor Dozers

ONE (1) Landfill Compactor

The County will operate the equipment up to 7-days per week, 52-weeks per year.

2.2. Background

See the following Attachments for all relevant information pertaining to each equipment type:

Attachment 1a - DOZER Technical Specs

Attachment 1b - DOZER Special Conditions

Attachment 2a - COMPACTOR Technical Specs

Attachment 2b - COMPACTOR Special Conditions

2.3. Contact Information

Any inquiries or requests regarding this solicitation must be submitted via OpenGov. Contact with unauthorized County personnel during the selection process may result in disqualification.

Melissa Burnias

Senior Contract Services Officer

9660 Ecology Lane

Sacramento, CA 95827

Email: burniasm@saccounty.gov

Phone: (916) 876-6369

Department:

Waste Management and Recycling

Department Head:

Jennifer Claiborne

Director

2.4. Timeline

Release Project Date June 24, 2026 mailto:burniasm@saccounty.gov tel:(916)876-6369

Question Submission Deadline July 8, 2026, 3:00pm

Submission Deadline July 22, 2026, 3:00pm

3. Proposer's Instructions

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

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

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

Preparation of Response:

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

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

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

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

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

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

F. Shipping Terms: F.O.B. Destination, freight prepaid; Payment Terms: NET/30.

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

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

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

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

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

https://secure.procurenow.com/portal/saccounty https://secure.procurenow.com/portal/saccounty https://secure.procurenow.com/portal/saccounty http://help.procurenow.com/en/articles/5815468-opengov-procurement-vendor-training

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

4. Basis for Award

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

Bid responses will be considered valid for a period of 180 calendar days after bid closing date above.

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

4.1. Scoring Criteria

Proposals will be scored on pricing and other factors in your proposal such as ability to meet the requirements of the RFP, technical specifications, experience, references, risk assessment, etc. The

County anticipates contract(s) will be awarded to the highest scoring proposer(s).

5. Final Acceptance

Equipment/Supplies/Services

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

6. Project Details

6.1. Important Instructions for Electronic Submittal

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

Procurement by signing up at Sign Up (opengov.com). Once you have completed account registration, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic bid.

6.2. Scope of Work or Project Details

Technical Specifications and additional details for each equipment type can be found in the following

Attachments:

Attachment 1a - DOZER Requirements and Technical Specifications

Attachment 1b - DOZER Special Conditions

Attachment 1c - DOZER Additional Information

Attachment 2a - COMPACTOR Requirements and Technical Specifications

Attachment 2b - COMPACTOR Special Conditions

Attachment 2c - COMPACTOR Additional Information https://procurement.opengov.com/signup

7. Vendor Submissions

7.1. Proposal Requirements*

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

☐ Yes

☐ No

*Response required

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

☐ Please confirm

7.3. Each Proposer must clearly indicate which of the following equipment they are applying for: *

* Only proposals that include complete responses for the selected area(s) will be evaluated.

Select all that apply

☐ Two (2) Tractor Dozers

☐ One (1) Landfill Compactor

*Response required

7.4. Proposal (without Cost Proposal)*

Proposal should include Attachment(s) 6b and/or 7b, for the equipment you are submitting proposal for.

Upload Attachments 6a and/or 7a Pricing Sheet(s) separately in the next step.

*Response required

7.5. Separate Cost Proposal*

Pricing Sheets are to be attached here.

Attachment 6a for TWO DOZERS.

Attachment 7a for ONE COMPACTOR.

*Response required

7.6. Confidential Company Information (if applicable)

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

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

California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within your proposal, you must identify any such information, together with the legal basis of your claim in your proposal, and present such information in this section as part of your response package. Click "File Upload" below to upload your confidential documents.

7.7. Contractor Certification of Compliance, part 1*

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

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

CONTRACTOR hereby certifies that either:

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

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

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

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

Department of Child Support Services or the court.

*Response required

7.8. Contractor Certification of Compliance, part 2*

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

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

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

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

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

☐ Please confirm

*Response required

7.9. Solicitation Exceptions*

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

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

A. Page #

B. Section#/Title

C. Exception Description

*Response required

7.10. Non-Collusion Affidavit*

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

I state that:

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

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

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

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

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

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

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

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

☐ Please confirm

*Response required

7.11. Customer References*

Include three (3) Company references here:

Reference 1

• Agency/Company Name

• Project Name

• Project Size (Cost/Unit & Total Cost)

• Project Type

• Year Completed

• Name of Project Manager

• Email Address & Phone Number

• Brief Physical Description of Project

Reference 2

• Agency/Company Name

• Project Name

• Project Size (Cost/Unit & Total Cost)

• Project Type

• Year Completed

• Name of Project Manager

• Email Address & Phone Number

• Brief Physical Description of Project

Reference 3

• Agency/Company Name

• Project Name

• Project Size (Cost/Unit & Total Cost)

• Project Type

• Year Completed

• Name of Project Manager

• Email Address & Phone Number

• Brief Physical Description of Project

*Response required

7.12. Risk Assessment Questionnaire*

Please download the below documents, complete, and upload.

• Risk_Assessment_Questionnai...

*Response required

7.13. Iran Contracting Act Disclosure Form *

(California Public Contract Code, sections 2202-2208)

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

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

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

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

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

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

OPTION #1 - CERTIFICATION

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

OPTION #2 – EXEMPTION

https://government-project.s3.us-west-2.amazonaws.com/14692/69c0247d-f232-4964-94df-52ab07e78aa1_Risk_Assessment_Questionnaire.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4K6L536US%2F20260624%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20260624T144547Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEG8aCXVzLXdlc3QtMiJIMEYCIQCgxVR9bznkLUcJw947zW8FW76jRUUFD7sV05z%2FAFUgxgIhAMg8DlqTJbukEKyGFkFdMEWNcDURaOzAlOideMKEM02GKowFCDcQAhoMODkyMzY0Njg3NjcyIgzzUJZvG3FGLqdrDPAq6QQO%2BbxfRgG3whirDDvlvJCg5PGiHEvcASg%2BglBdlFtSwvRBdz8965URdhnQGt8%2FzXtEQY1MmGtl7IgDS82PZIQ%2FL5CE0SfUnf1UmJdlR%2BZezPiR5grru6jtVdQUl6%2BKd9CtQbZjrtGlCxnWtB1UfFXPc6XTTPYJBI9vZ1c5Zu090z19rX1qOj9Tu0Ytiu1ZDYhrDTk1tt4FzUd8zeuWdzed5j%2BNC7xADw%2Bau0fzv8H29BQKBn%2BKjzUUFP7tEiFqXQ9XroD%2B33hC6IHCzCacupZe9n%2BmcIDWRlm4KrLxEhQkX0wyZyZvsBPeeQyRwtlbG0CxvBCe64r%2FzgwLb4%2Fp6yiUDX2shnN%2Bsuhm2oa53I11o%2F0AriCKmArpBl50moEpwLGm1YYlRzf2G7Jd9x%2FwOGlC%2FTnGhEFKIGK7ii37%2FkRUvyVM5XlC87gTTY0NLatTZ9QVxkKEeODPfg4z5ji1xcnsWu2adyeF84q3Z8zpL9uxy38Xgpkcwwkdo6Z16SUGnoAGlYYn2G82ylgM2zKXq3SM8afy%2F45Efe4fUvQv2Sufd4K9YATqpbcEU8tyeezeoCeChmcSuxo4%2FqWW4KMaKTLXY5NhdG39t9rBrAL0rZ9mUROk%2B%2FYfMxxEFMdmPAeT5s%2BAZqLkmViPi%2BwqX5UBja%2BOz3a1Er74DlGxIj%2Fh694PIsmUnlzCDG84xDLLeLXReMxrBrWarxU5Sm9o5p2IFmABrODWrVQrsaZX4eZ4rKMt14sizF993lpPnrygosjYMjifj%2BAxYpGJObWOTwPNH%2BG4j3ObXHxBZWJ4yiZ%2FQTsOtl%2B1r5sO0GGkZzCzzu%2FRBjqYATdf1yvh8%2FELo%2BDmpRYsTzpewK0JRbWgUEvq7uA8cQH8QYngTCVoHV8qj46SVJx2lqlfPT8kJb4SaBAdCIsuMMAHBcOmeObUt9lmxjF%2BG%2FFY2ZsBqQNrnrJ21gCxi%2BhRTr5xZAgJrTKiPkhkDVCpJkNz83VLKjjMpcQW%2BYAKCvsaJlNMfgdrylX0N0GuOdTzeVNS1LZNJbdT&X-Amz-Signature=ad839142c42c33dba93a2a5c337e712781e97cb2b8112a52ddb8ad9d833d7a24&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Risk_Assessment_Questionnaire.pdf%22&x-id=GetObject

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

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

☐ Certification

☐ Exemption

*Response required

8. Sacramento County Standard Terms and Conditions

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

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

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

C. INVOICING & PAYMENT: Upon timely submission of itemized invoices by vendor/contractor, payment shall be made per the terms of this agreement and for the prices stipulated for supplies delivered and/or services rendered after inspection and acceptance. Deductions, if any, may be made from payment as provided by this agreement. Payment on partial deliveries may be made whenever amounts due so warrant or when requested by the vendor/contractor and approved by the County. In connection with any cash (payment) discount specified in this agreement, time will be computed from the date of complete delivery of the supplies, equipment or services as specified, or from date correct invoices are received by County, whichever is later. For the purpose of earning the discount, payment is deemed to be made on the date of mailing of the County warrant or check.

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

E. DEFAULT BY VENDOR/CONTRACTOR: In case of default by vendor/contractor, the County of

Sacramento may procure the articles or services from other sources and may deduct from any monies due, or that may thereafter become due to the vendor/contractor, the difference between the price named in the contract or purchase order and actual cost thereof to the County of Sacramento. Prices paid by the County shall be considered the prevailing market price at the time such purchase is made.

Periods of performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the Purchasing Agent.

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

G. ASSIGNMENT: This contract or purchase order is not assignable by vendor/contractor either in whole or in part, without the prior written approval of the County.

H. SUCCESSORS: This agreement shall be binding upon to the benefit of the successors and assigns of the respective parties hereto.

I. F.E.T. EXEMPTION: County is exempt from Federal excise tax pursuant to Internal Revenue Code 26

U.S.C. §4221(a)(4).

J. CHARGES NOT INCLUDED ON FACE NOT ACCEPTABLE: No charge will be accepted for packing, boxing, or cartage, except as specified in the Notice of Award. Freight collect shipments will not be accepted.

Merchandise will not be accepted if payment is to be made at the time of delivery.

K. TITLE/RISK OF LOSS: Title, ownership, and risk of loss or damage of the Goods shall be in accordance with Delivery/FOB Terms on Page 1 of the contract. The Goods are delivered to, inspected and accepted by County, except when such loss or damage is due to the fault or negligence of County.

L. ALL UNDERSTANDINGS IN WRITING: It is mutually understood and agreed that no alteration or variation of price, quantity, supplies and/or services, and any terms of this contract shall be valid unless made in writing and signed by the parties hereto, and that no oral understandings or agreements shall be binding.

M. FORCE MAJEURE: The parties will not be held liable for delays or failure in fulfillment of conditions of purchase order or contract resulting from events beyond the reasonable control of such parties. Such events include, but are not be limited to strikes, riots, acts of war, epidemics, acts of government, fire, power failures, nuclear events, earthquakes, acts of terrorism, severe weather events and other disasters.

N.VENDOR/CONTRACTOR TERMS AND CONDITIONS: County’s standard terms and conditions shall govern any contract awarded. If, after award of contract, vendor/contractor provides additional terms or conditions, and there is a conflict between the terms and conditions of the parties, County’s terms and conditions shall govern.

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

P.COMPLIANCE WITH FAMILY SUPPORT ORDERS: Vendor/contractor hereby certifies that it's principal owner(s) is in substantial compliance with Sacramento County's DCSS Program, federal and state laws regarding lawfully served orders for child, family and spousal support, including wage reporting and assignment of wages. (Failure to comply with such orders and cure the default within 90 days of notice by the County shall be grounds for termination of the contract or purchase order.

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

California and construed with and governed by the laws of the State of California. Vendor/contractor shall possess and maintain all necessary licenses, permits, certificates and credentials required by the laws of the United States, the State of California, County of Sacramento and all other appropriate governmental agencies, including any certification and credentials required by County. Failure to comply with all laws, licenses and permits shall be deemed a breach of this Agreement and constitutes grounds for the termination of this Contract.

R. FOREIGN CURRENCY: In the event vendor invoices submitted to the County of Sacramento is received in foreign currency, vendor understands and agrees the County of Sacramento will pay in US Dollars via wire, ACH, or check payment method. The County of

Sacramento's payment of US Dollars will be calculated using the currency exchange rate on the invoice date, regardless of date paid, or received by vendor. The County of Sacramento calculates US

Dollars based on the exchange rate on such invoice date provided by the Oanda currency converter site: http://www1.oanda.com/lang/en/currency/converter/.

http://www1.oanda.com/lang/en/currency/converter/

9. Additional Terms and Conditions

9.1. Additional Terms and Conditions

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

Awards:

1. The County of Sacramento reserves the right to:

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

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

3. waive any informality in the responses; and

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

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

County Code, sec. 2.56.060).

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

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

Taxes:

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

2. 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.

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

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

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

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

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

Termination:

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

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

3. County may terminate or amend any resulting contract immediately upon giving written notice to contractor, 1) if advised that funds are not available from external sources for resulting contract or any portion thereof, including if distribution of such funds to the County is suspended or delayed; 2) if funds for the services and/or programs provided pursuant to resulting contract are not appropriated by the State; 3) if funds in County's yearly proposed and/or final budget are not appropriated by County for resulting contract or any portion thereof; or 4) if funds that were previously appropriated for resulting contract are reduced, eliminated, and/or re-allocated by County as a result of mid-year budget reductions.

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

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

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

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

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

State of California.

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

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

Payments (E-Payables)

The County of Sacramento is partnered with U.S. Bank for a new Virtual Card Program. This payment method allows us to electronically initiate a single-use Virtual Card payment to you once we receive goods or services and process your invoices. Program enrollment ensures the fastest turnaround to payment for County suppliers.

There is no change in how you invoice the County. To enroll in this new payment arrangement, please email cpsvendorenrollment@usbank.com to sign up or complete the form via the link below .

LINK FOR ENROLLMENT: Virtual Credit Card Payments Enrollment Form | U.S. Ba

We look forward to your participation. If you have any further questions regarding this program, please email us at EPayables@saccounty.gov or call us at 916-874-7411.

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.

Reports:

1. CONTRACTOR shall, without additional compensation therefor, make fiscal, program evaluation, progress, and such other reports as may be reasonably required by COUNTY concerning

CONTRACTOR's activities as they affect the contract duties and purposes herein. COUNTY shall explain procedures for reporting the required information.

mailto:cpsvendorenrollment@usbank.com https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fpages.usbank.com%2Fsupplierenablement%3Funiqueid%3DAGPROCESSINGINC&data=05%7C02%7CLeeSarah%40saccounty.gov%7C4fa24c5f57934e2a1ec908dead46a1ea%7C2b077431a3b04b1cbb77f66a1132daa2%7C0%7C0%7C639138716029338691%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=sGVURzT1jpcB2czobv%2F%2FDaN6qmKV3siMQLMv%2BeUjuIs%3D&reserved=0 mailto:EPayables@saccounty.gov

2. CONTRACTOR agrees that, pursuant to Government Code section 7522.56, CONTRACTOR shall make best efforts to determine if any of its employees or new hires providing direct services to the county are members of the Sacramento County Employees’ Retirement System (SCERS).

CONTRACTOR further agrees that it shall make a report bi-annually (due no later than January

31st and July 31st) to the COUNTY with a list of its employees that are members of SCERS along with the total number of hours worked during the previous 6 months. This report shall be forwarded to where Notice is sent pursuant to resulting contract.

Web Accessibility: CONTRACTOR shall ensure that all web sites and web applications provided by

CONTRACTOR pursuant to this Contract shall comply with the County of Sacramento’s Web Accessibility

Policy.

9.2. Indemnification (services)

To the fullest extent permitted by law, for work or services provided under this Agreement, CONTRACTOR shall indemnify, defend, and hold harmless County, its governing Board, officers, directors, officials, employees, and authorized volunteers and agents, (individually an “Indemnified

Party” and collectively “Indemnified Parties”), from and against any and all claims, demands, actions, losses, liabilities, damages, and all expenses and costs incidental thereto (collectively “Claims”), including cost of defense, settlement, arbitration, expert fees, and reasonable attorneys' fees, resulting from injuries to or death of any person, including employees of either party hereto, and damage to or destruction of property, or loss of use or reduction in value thereof, including the property of either party hereto, and recovery of monetary losses incurred by County directly attributable to the performance of CONTRACTOR, arising out of, pertaining to, or resulting from the negligent acts, errors, omissions, recklessness, or willful misconduct of CONTRACTOR, its employees, or CONTRACTOR’s subcontractors at any tier, or any other party for which CONTRACTOR is legally liable under law.

The right to defense and indemnity under this Section arises upon occurrence of an event giving rise to a

Claim and, thereafter, upon tender in writing to CONTRACTOR. CONTRACTOR shall defend Indemnified

Parties with counsel reasonably acceptable to County. Notwithstanding the foregoing, County shall be entitled, on its own behalf, and at the expense of CONTRACTOR, to assume control of its defense or the defense of any Indemnified Party in any legal action, with counsel reasonably selected by it. Should

County elect to initially assume control of its defense, or the defense of any Indemnified Party, it does so without prejudice to its right to subsequently request that CONTRACTOR thereafter assume control of the defense and pay all reasonable attorneys’ fees and costs incurred thereby.

This indemnity obligation shall not be limited by the types and amounts of insurance or self-insurance maintained by CONTRACTOR or CONTRACTOR’s subcontractors at any tier.

Nothing in this indemnity obligation shall be construed to create any duty to, any standard of care with reference to, or any liability or obligation, contractual or otherwise, to any third party.

The provisions of this indemnity obligation shall survive the expiration or termination of the Agreement.

10. Insurance Requirements for Contractors

A. VERIFICATION OF COVERAGE. CONTRACTOR shall furnish the COUNTY with certificates evidencing coverage required below. Copies of required endorsements must be attached to provided certificates. The County Risk Manager may approve self-insurance programs in lieu of required policies of insurance if, in the opinion of the Risk Manager, the interests of the COUNTY and the general public are adequately protected. All certificates, evidences of self-insurance, and additional insured endorsements are to be received and approved by the County before performance commences. The COUNTY reserves the right to require that CONTRACTOR provide complete, certified copies of any policy of insurance offered in compliance with these specifications.

B. MINIMUM SCOPE OF INSURANCE. Coverage shall be at least as broad as:

1. GENERAL LIABILITY: Insurance Services Office’s Commercial General Liability occurrence coverage form CG 0001. Including, but not limited to Premises/Operations, Products/Completed Operations, Contractual, and Personal & Advertising Injury, without additional exclusions or limitations, unless approved by the County Risk Manager.

2. AUTOMOBILE LIABILITY: Insurance Services Office’s Commercial Automobile Liability coverage form CA 0001.

a. Commercial Automobile Liability: auto coverage symbol “1” (any auto) for corporate/business owned vehicles. If there are no owned or leased vehicles, symbols 8 and 9 for non-owned and hired autos shall apply.

b. Personal Lines automobile insurance shall apply if vehicles are individually owned.

Without limiting CONTRACTOR's indemnification, CONTRACTOR shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the CONTRACTOR, its agents, representatives or employees. COUNTY shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If in the opinion of the County Risk Manager, insurance provisions in these requirements do not provide adequate protection for

COUNTY and for members of the public, COUNTY may require CONTRACTOR to obtain insurance sufficient in coverage, form and amount to provide adequate protection.

COUNTY's requirements shall be reasonable but shall be imposed to assure protection from and against the kind and extent of risks that exist at the time a change in insurance is required.

3. WORKERS’ COMPENSATION: Statutory requirements of the State of California and

Employer's Liability Insurance.

4. PROFESSIONAL LIABILITY or Errors and Omissions Liability insurance appropriate to the

CONTRACTOR's profession.

5. UMBRELLA or Excess Liability policies are acceptable where the need for higher liability limits is noted in the Minimum Limits of Insurance and shall provide liability coverages that at least follow form over the underlying insurance requirements where necessary for

Commercial General Liability, Commercial Automobile Liability, Employers’ Liability, and any other liability coverage (other than Professional Liability) designated under the Minimum

Scope of Insurance.

C. MINIMUM LIMITS OF INSURANCE. CONTRACTOR shall maintain limits no less than:

1. General Liability shall be on an Occurrence basis (as opposed to Claims Made basis).

Minimum limits and structure shall be:

a. Building Trades General Aggregate: $2,000,000

b. Products Comp/Op Aggregate: $2,000,000

c. Personal & Adv. Injury: $1,000,000

d. Each Occurrence: $2,000,000

e. Fire Damage: $ 100,000

f. Contractors and Contractors engaged in other projects of construction shall have their general liability Aggregate Limit of Insurance endorsed to apply separately to each job site or project, as provided for by Insurance Services Office form CG-2503 Amendment-

Aggregate Limits of Insurance (Per Project).

2. AUTOMOBILE LIABILITY:

a. Commercial Automobile Liability for Corporate/business owned vehicles including non-owned and hired, $1,000,000 Combined Single Limit.

b. Personal Lines Automobile Liability for Individually owned vehicles, $250,000 per person, $500,000 each accident, $100,000 property damage.

3. WORKERS' COMPENSATION: Statutory.

4. EMPLOYER'S LIABILITY: $1,000,000 per accident for bodily injury or disease.

5. PROFESSIONAL LIABILITY OR ERRORS AND OMISSIONS LIABILITY: $1,000,000 per claim and aggregate.

D. DEDUCTIBLES AND SELF-INSURED RETENTION. Any deductibles or self-insured retention that apply to any insurance required by this Agreement must be declared and approved by the

COUNTY.

E. CLAIMS MADE PROFESSIONAL LIABILITY INSURANCE. If professional liability coverage is written on a Claims Made form:

1. The "Retro Date" must be shown, and must be on or before the date of the Agreement or the beginning of Agreement performance by CONTRACTOR.

2. Insurance must be maintained and evidence of insurance must be provided for at least one

(1) year after completion of the Agreement.

3. If coverage is cancelled or non-renewed, and not replaced with another claims made policy form with a "Retro Date" prior to the contract effective date, the CONTRACTOR must purchase "extended reporting" coverage for a minimum of one (1) year after completion of the Agreement.

F. OTHER INSURANCE PROVISIONS.The insurance policies required in this Agreement are to contain, or be endorsed to contain, as applicable, the following provision:

1. All Policies:

a. ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers with a current A.M.

Best's rating of no less than A-VII. The County Risk Manager may waive or alter this requirement, or accept self-insurance…