REQUEST FOR QUOTES (RFQ) 13280

DEPARTMENT OF ENVIRONMENTAL HEALTH AND QUALITY

MERCURY VAPOR ANALIZER

July 21, 2026

A. KEY INFORMATION

1. The County of San Diego is seeking quotes from firms interested in providing a Mercury Vapor Analyzer (“Offerors”).

2. The County has posted this solicitation on its official BuyNet website at https://sdbuynet.sandiegocounty.gov/ . To see all information related to this RFQ, to submit Questions, and to receive notifications of updates, Offerors must select “Participate in RFx” for this solicitation in BuyNet.

3. The Contracting Officer for this solicitation is Francisco Ruiz Enrigue, Procurement Contracting Specialist, (Francisco.RuizEnrigue@sdcounty.ca.gov).

4. Schedule: This timeline is subject to change at any time, at the County’s sole discretion. The County will issue an addendum for changes to the Questions due date, or Quote due date.

Event Description Date and Time (San Diego Time) Questions due August 4, 2026 prior to 5:00 p.m.

Quotes due August 11, 2026 prior to 5:00 p.m.

5. Questions:

5.1. Offerors should submit all Questions, including requests for clarification related to definition or interpretation of this RFQ, in writing by the Date and Time specified in the Schedule. Offerors should submit Questions via BuyNet, by sending a message to the Contracting Officer through the “Discussions” functionality.

5.2. Non-Offerors should direct inquiries regarding this solicitation to the Contracting Officer.

6. Table of Contents:

A. Key Information B. RFQ Instructions and Rules C. Submittal Items D. Required Forms E. Statement of Work F. Payment Schedule G. Draft Agreement

B. RFQ INSTRUCTIONS AND RULES

1. INSTRUCTIONS FOR SUBMITTING A QUOTE

1.1. It is Offeror’s responsibility to submit a quote based on the most current RFQ, addenda thereto, County’s responses to Questions, any other information posted on BuyNet, and any diligence material made available by the County. Offerors are advised to regularly check BuyNet for information. The County has no obligation to contact Offerors directly with any such RFQ-related information.

MAGGIE RAMSBERGER

INTERIM DIRECTOR

DEPARTMENT OF PURCHASING AND CONTRACTING

5560 OVERLAND AVENUE, SUITE 270, SAN DIEGO, CALIFORNIA 92123-1204

PHONE (858) 505-6367 FAX (858) 715-6452

BRENDA G. MILLER

ASSISTANT DIRECTOR

COUNTY OF SAN DIEGO – REQUEST FOR QUOTATIONS (RFQ) 13280

MERCURY VAPOR ANALYZER

1.1.1. To see all information related to this RFQ, to submit Questions, and to receive notifications of updates, Offerors must select “Participate in RFx” for this solicitation in BuyNet.

1.1.2. If an Offeror is unable to download this document, an Offeror may request a hard copy from Department of Purchasing and Contracting’s front desk or contact clerical support at (858) 505-6367.

1.2. Forms required to be submitted with Offerors response to this RFQ are included in this RFQ or posted on the County’s web site at: https://www.sandiegocounty.gov/content/sdc/purchasing/purchasing-forms.html.

1.2.1. The County may update posted forms from time to time. Unless otherwise specified, Offerors may submit the version of a form in place as of the date of the posting of this RFQ or any later version thereof.

1.3. Offeror must submit a complete original quote in accordance with the format provided in this solicitation to the County of San Diego, Department of Purchasing and Contracting, through electronic upload to BuyNet before the Date and Time listed in Schedule.

1.3.1. If Offeror is unable to submit via BuyNet for any reason, Offeror may submit its quote via email to the

Contracting Officer listed in this document or provide the Purchasing and Contracting front desk with either (i) electronic files on CD/DVD; or, (ii) a printed quote. Offeror must prominently mark such submissions with the RFQ number on the outside of the packaging. Please use this method only if unable to submit through BuyNet.

2. QUESTIONS

2.1. Offerors shall direct requests for explanation regarding the RFQ or related documents to the Contracting

Officer, in writing, as a question (“Question”). Offerors may submit Questions by sending a message to the Contracting Officer through the “Discussions” functionality in BuyNet.

2.2. The County may choose not to respond to Questions received after the date and time stated in the Schedule for Question submission. Offeror is responsible for ensuring that Questions are received by the County.

3. QUOTE FORMAT

3.1. Submit electronic quotes as files in .pdf format, except where specified otherwise. For pages other than signature pages, converted and searchable formats are preferred.

3.2. All quotes shall be signed with a handwritten signature by an authorized officer or employee of Offeror.

4. QUOTE ORGANIZATION

4.1. Your quote should be organized in accordance with the Submittal Items in this RFQ.

4.1.1. Offerors shall organize content to correspond to the applicable exhibit and question or item within each exhibit.

4.1.2. Offerors shall separate each exhibit into one or more files, clearly named as to the exhibit and order.

4.1.3. Pages shall be consecutively numbered within each exhibit at the bottom or top margin of each page.

4.1.4. Cost/Price information:

4.1.4.1. Offerors must place all cost and pricing information within the Cost/Price exhibit. Price shall be inclusive of all proposed compensation.

4.2. Confidential/Proprietary information:

4.2.1. The County is a public agency subject to the California Public Records Act, Government Code §

7920.000, et seq. Some or all of the documents submitted in response to this RFQ may be subject to disclosure, and the County intends to publish any resulting contracts to its public website.

4.2.2. It is Offeror’s responsibility to identify and separate into a “CONFIDENTIAL/PROPRIETARY” exhibit and to provide a signed Nondisclosure Indemnification Agreement for:

4.2.2.1. All confidential information that Offeror represents, with legal basis, is exempt from disclosure pursuant to the California Public Records Act, including PI (Personal Information), PII (Personally Identifiable Information), or PHI (Protected Health Information);

4.2.2.2. Any proprietary or other information Offeror represents, with legal basis, is exempt from disclosure under the California Public Records Act and wishes to protect from disclosure.

4.2.3. The “CONFIDENTIAL/PROPRIETARY” exhibit must be clearly labeled with all pages marked as

“CONFIDENTIAL/PROPRIETARY.”

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4.2.4. Offeror should reference material in the “CONFIDENTIAL/PROPRIETARY” exhibit where it is needed to respond to a Submittal Item through citation to the “CONFIDENTIAL/PROPRIETARY” exhibit (for example “See response 1 contained within the ‘CONFIDENTIAL/PROPRIETARY’ exhibit for staff Social Security numbers”).

4.2.5. If the County determines that a submission improperly designates information as confidential or proprietary, the County may, at its sole discretion: (i) deem the information releasable; (ii) declare the submission non-conforming/non-responsive; (iii) remove such information, or (iv) take any other appropriate action. (Note: Pricing and Terms and Conditions are generally not confidential under the California Public Records Act).

5. QUOTE EVALUATION

5.1. Evaluations may consider factors such as technical merit, experience, capacity, history of Offeror compliance, availability, price, and more to determine the quote(s) that provide the best value to the County.

5.2. During evaluation, the County may appropriately consider the sustainability and social, human health, environmental, and economic impact of Offeror’s proposed products and/or approach to providing goods and/or services, in accordance with Board Policy B-67. Therefore, Offerors are encouraged to include relevant information in their quotes, to the degree related to the goods or services sought.

5.3. During evaluation, the County may appropriately evaluate the cultural competency of Offeror and Offeror’s proposed approach to providing goods and services. Therefore, Offerors are encouraged to include relevant information in their quotes, to the degree related to the goods or services sought.

5.4. When evaluating an Offeror’s cost or pricing, the County may also consider the effect of the quote on the overall total cost to the County.

5.5. When evaluating Offeror’s quote, the County will appropriately consider the proposed purchase, acquisition, or use of goods, products, and materials produced in the United States, in accordance with 2 CFR § 200.322.

Offeror should include information relevant under section 200.322 in its quote in order to be considered for such preference during evaluation.

6. COUNTY COMMITMENT

6.1. This RFQ does not commit the County to award a contract, nor does it commit the County to pay any of

Offeror’s costs incurred in the preparation or submission of the quote. Further, Offeror shall not incur any reimbursable cost in anticipation of a contract award.

6.2. Neither Offeror nor any of its representatives shall have any claims whatsoever against the County or any of its respective officials, agents, or employees arising out of or relating to this RFQ or these procedures (other than those arising under a definitive contract with Offeror in accordance with the terms thereof).

6.3. The County reserves the right to separately procure the same or similar goods or services.

6.4. The County may withhold all information regarding this procurement until after negotiations are complete, including, but not limited to: the number of quotes received; the identity of Offeror(s); the content of quotes;

the County’s evaluation and results thereof. Information releasable after the conclusion of negotiations is subject to the disclosure requirements and withholding exemptions of the California Public Records Act.

6.5. Pursuant to County Charter §§ 703.10 and 916, award of a contract resulting from this RFQ may be subject to the County’s requirement to determine that the services can be provided more economically and efficiently by an independent contractor than by persons employed in the Classified Service.

6.6. In the event that an Offeror is involved in a merger, acquisition, or other change in control, the County reserves the right to award a contract to a resulting entity.

7. DILIGENCE AND DUTY TO INQUIRE

7.1. Should Offeror find discrepancies in or omissions from, or be in doubt as to the meaning of, the RFQ or related documents, Offeror shall have a duty to submit a Question to the County.

7.2. Offerors are expected to perform reasonable due diligence with regard to this RFQ and the work required, including, but not limited to, information that is publicly or otherwise reasonably available and, if applicable, information that can be obtained during a site visit (including verification of measurements, conditions, and other attributes). Neither the selected Offeror(s), nor any Offerors, shall be entitled to any price adjustment or other relief based upon information that was discovered or should have been discovered through due diligence.

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7.3. The County makes no representation or warranty, express or implied, as to the accuracy or completeness of any diligence material or other information provided by the County or any of its agents, representatives, contractors, or consultants. Such information may reflect good faith assumptions, estimates, or projections, which may or may not prove to be correct.

7.4. Offeror should not rely upon oral statements made or explanations given by the County, including any oral responses to Questions or other inquiries. No prior, current, or post award communication(s) with any officer, agent, or employee of the County shall affect or modify any terms or requirements of this RFQ, except as explicitly provided for in this RFQ.

8. OFFEROR COMMUNICATIONS

8.1. All communications from Offeror (including its employees, agents, and representatives) to the County or its officers and employees (including consultants working on or assisting with this procurement), related to this RFQ or Offeror’s quote, must be directed in writing exclusively to the Contracting Officer, unless otherwise authorized in writing by the Contracting Officer. Offerors shall not communicate with or attempt to contact any other County personnel about this solicitation, except as otherwise allowed for in this RFQ or by law. Any improper contact may, at the County’s sole discretion, cause Offeror to be removed from consideration for contract award.

8.2. If Offeror issues any public announcement or otherwise engages in communication that, in the County’s sole determination, compromises the integrity of this RFQ process or attempts to restrain competition, Offeror may be removed from consideration for award.

8.3. Audio and/or video recording of presentations, discussions, negotiations, , or other communications with the County regarding this RFQ are prohibited, unless specifically authorized in writing by the Contracting Officer.

9. SOLICITING EMPLOYEES

9.1. Until contract award, Offerors shall not, directly or indirectly, solicit any employee of the County to leave the

County’s employ in order to accept employment with Offeror, its affiliates, actual or prospective contractors, or any person acting in concert with Offeror without prior written approval of the County’s Contracting Officer.

This paragraph does not prevent the employment by Offeror of a County employee who has initiated contact with Offeror.

10. PROHIBITED CONTRACTS AND SUBCONTRACTS

10.1. In accordance with Section 67 of the San Diego County Administrative Code, the County shall not contract with, and shall reject any quote submitted by, the person or entities specified below, unless the Board of Supervisors finds that special circumstances exist which justify the approval of such contract:

10.1.1. Persons employed by the County or of public agencies for which the Board of Supervisors is the governing body;

10.1.2. Profit-making firms or businesses in which employees described in subsection 11.1.1 serve as officers, principals, partners, or major shareholders;

10.1.3. Persons who, within the immediately preceding twelve (12) months, came within the provisions of subsection 11.1.1 and who (i) were employed in positions of substantial responsibility in the area of service to be performed by the contract; or, (ii) participated in any way in developing the contract or its service specifications; and

10.1.4. Profit-making firms or businesses in which the former employees described in subsection 11.1.3 serve as officers, principals, partners, or major shareholders.

10.2. Per Board Policy A-79, a successful Offeror that is a non-profit corporation shall not subcontract any work under the agreement with a related for-profit subcontractor where an interlocking directorate, management, or ownership relationship exists, unless specifically authorized by the Board of Supervisors.

10.3. Offeror certifies that, if awarded a contract under this RFQ, such contract will be in compliance with Sections

11.1 and 11.2 above. Offeror shall promptly notify the County of any change in circumstance affecting these provisions.

11. CALIFORNIA REVENUE & TAXATION CODE § 18662

11.1. In compliance with California Revenue and Taxation Code § 18662, if Offeror is a non-resident of California

(out-of-state invoices) that receives California source income and has not completed Franchise Tax Board Form 590, there may be a backup withholding on all payments. Fifteen (15) business days prior to the first payment

MERCURY VAPOR ANALYZER

from the County, new suppliers or suppliers with expired forms or forms with incorrect information must submit new forms to the County (forms are available from the Franchise Tax Board website listed below).

11.2. Under certain circumstances, Offerors may be eligible for reduced or waived nonresident withholding. If Offeror has already received a waiver or a reduced withholding response from the State of California and the response remains valid, Offeror should submit the response to the County in lieu of the forms. Failure to submit the required forms will result in withholding of payments. Offerors should access the Franchise Tax Board websites, listed below, for tax forms and relevant information regarding non-resident withholding, including waivers or reductions. The County will not give Offerors any tax advice. It is recommended that Offerors speak with their tax advisers and/or the State of California for guidance.

Franchise Tax Board Websites:

https://www.ftb.ca.gov https://www.ftb.ca.gov/forms/search/

11.3. If selected for award, Offeror must submit applicable forms to the Auditor & Controller via fax, at (858) 694- 2060, or mail originals to: County of San Diego, 5530 Overland Avenue, Suite 410, San Diego, CA 92123. The P.O. Number or Contract Number (if available) and “California Revenue and Taxation Code § 18662” must appear on fax cover sheet and/or the outside of the mailing envelope.

12. W-9 FORM

12.1. If selected for award, Offeror must complete and submit a W-9 form if a current form is not on file with the

County.

MERCURY VAPOR ANALYZER

C. SUBMITTAL ITEMS

1. EXHIBIT 1 - REQUIRED FORMS

1.1 Submit a completed and signed Offeror’s Cover Page (PC600) form

• Required for all Offerors

• located at:

https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC600_dpc_Offerors_Cover_Page.pdf

1.2 Submit a completed and signed Representations and Certifications form (PC601)

• Required for all Offerors

• located at:

https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC601_dpc_Reps_and_Certs.pdf

1.3 Submit a completed and signed Small-Local Business Self-Certification Form (PC610)

• All Offerors are encouraged to complete this form to support County data collection.

• located at:

https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC610_dpc_Small_Local_Self_Cert.pdf

1.4 Submit a completed and signed Nondisclosure Indemnification Agreement (PC620) (if applicable).

• Required if submitting Confidential/Proprietary Information (see RFQ Instructions and Rules section 4.2)

• located at:

https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC620_dpc_Nondisclosure_Indemnity.pdf

1.5 Submit a Byrd Anti-Lobbying Certification Form

• Required for all Offerors

• located at: attached at the end of this solicitation.

2. EXHIBIT 2 - PROGRAM/TECHNICAL EXHIBIT

2.1 Submittal Items:

2.1.1 Please confirm (YES/NO) the proposed analyzer can meet the specification listed in Exhibit A.

YES ☐ NO ☐

If no, submit a narrative explaining which specifications cannot be met.

2.1.2 Please provide and attach specifications on your proposed Automated Portable Mercury Vapor Analyzer.

2.1.3 Please provide data to show the quoted product can provide results comparable to EPA Method 6009.

Please include the standard operating procedures.

2.1.4 Please provide a description of the detection range and accuracy.

2.1.5 Describe any upgrade options available to detect mercury in soil and water, and the comparison to relevant test standards.

2.1.6 Please list all known cross interferences.

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2.1.7 Is the device recommended for emergency response use? If so, what agency makes this recommendation?

2.1.8 Lead Time needed to provide product: __________ calendar days after receipt of order.

2.1.9 Confirm (YES/NO) the offeror can meet the warranty requirement listed in section 6 of Exhibit A?

2.1.10 Please describe your warranty coverage and exclusions and length of warranty coverage. Include price on the pricing schedule.

2.1.11 Do you provide any complimentary real-time training for the equipment? If so, please provide narrative to describe forms of training e.g. in-person or virtual, duration of the training, trainer’s credentials, etc.

2.1.12 Please describe your service agreement coverage and exclusions and length of service agreement coverage.

Include price on the pricing schedule.

2.1.13 Do you provide any complimentary troubleshooting support via email or phone? If so, please provide narrative to describe platforms of technical support and hours of coverage.

2.2 Byrd Anti-Lobbying Amendment certification: Confirm (YES/NO). Offeror certifies that it and its subcontractors will not and have not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. § 1352. List as a disclosure any lobbying with non-federal funds that takes place in connection with obtaining any federal award by Offeror or Offeror’s subcontractors.

3. EXHIBIT 3 - COST/PRICE EXHIBIT

3.1 Submit a completed Payment Schedule

4. EXHIBIT 4 – ACCEPTANCE OF TERMS AND CONDITIONS

4.1 Confirm acceptance “YES/NO” of the County of San Diego’s Draft Agreement (including insurance requirements):

4.1.1 If “NO,” provide a detailed list of exceptions to the terms and conditions, the nature of its concern, and what terms the Offeror is willing to accept.

Note: The Offeror will be deemed to have accepted any terms and conditions of the Contract to which it does not take exception to. The County may, as part of its evaluation process, conclude that exceptions are so numerous and/or material as to make Offeror’s response to the solicitation unacceptable.

5. EXHIBIT 5 – CONFIDENTIAL PROPRIETARY

5.1 Include any Confidential/Proprietary Information in this exhibit, in accordance with RFQ Instructions and Rules section 4.2

D. REQUIRED FORMS

(RESERVED)

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E. STATEMENT OF WORK

1. Overview and Background

1.1 The County of San Diego (County), Department of Environmental Health and Quality (DEHQ), Hazardous Incident Response Team (HIRT), has a requirement for an Automated Portable Mercury Vapor Analyzer capable of detecting, monitoring, and measuring airborne mercury vapor during hazardous materials incidents and emergency response operations.

1.2 HIRT utilizes real-time detection systems to evaluate a wide range of chemical hazards in field conditions. Mercury vapor incidents require specialized instrumentation capable of providing accurate, reliable, and continuous real-time measurements at very low concentration levels to support responder safety, site assessment, and public health decision-making.

1.3 The County requires an automated, portable mercury vapor analyzer capable of consistently detecting mercury vapor at concentrations as low as 0.1 µg/m³ (micrograms per cubic meter) and producing results comparable to United States Environmental Protection Agency (EPA) Method 6009, Comparison of Real-Time and Laboratory Analysis of Mercury Vapor in Indoor Air. The analyzer must be suitable for emergency response use, simple to operate, and capable of integration with existing County equipment and operational workflows where applicable.

1.4 This equipment will be used by HIRT during emergency response, site characterization, and investigation activities to evaluate potential mercury vapor hazards and assess risks to public health and the environment.

2. Performance Requirements

2.1 The Automated Portable Mercury Vapor Analyzer shall meet the following minimum requirements:

- Portable and fully automated.

- Simple to operate with continuous, real-time monitoring capability. Direct real-time; 1 s response time

- Able to detect mercury vapor consistently and reliably at a minimum concentration of 0.1 µg/m³.

- Accuracy of ±20% in both regular and high concentration operating modes.

- Capable of data logging.

- Capable of producing results comparable to EPA Method 6009.

- Capable of being upgraded to detect mercury in soil and water.

- Designed to allow continuity of training and operational use with existing County equipment, where applicable.

- Must have interchangeable components with existing equipment.

3. Service Requirements

3.1 The Contractor to provide troubleshooting support via phone, email, or other manufacturer-supported platforms.

3.2 The Contractor shall provide maintenance support services for a period of two (2) years from the date of delivery. The

County will perform routine maintenance and basic calibration where applicable. Contractor support shall be limited to advanced calibration, repairs, firmware or software updates, and technical assistance not reasonably performed by County personnel.

4. Delivery Requirements

4.1 The order request is anticipated to be a one-time purchase.

4.2 All orders shall be shipped Free on Board (FOB) Destination to:

Department of Environmental Health and Quality Hazardous Materials Division 5570 Overland Ave., Suite 102 San Diego, CA 92123

4.3 Receiving Hours: 8:00am – 3:30pm, Monday–Friday, excluding County of San Diego observed holidays.

4.4 All packages shall include a packing slip identifying the equipment delivered and any items outstanding.

4.5 If items are missing or incorrect, the County will notify the Contractor, and the Contractor shall ship replacement or missing items at no additional cost to the County.

5. Invoicing Requirements

5.1 Mail invoices to:

Department of Environmental Health and Quality Attention: Fiscal PO Box 129261 San Diego, CA 92112-9261

5.2 Or e-mail to: DEHQAP@sdcounty.ca.gov.

6. Warranty And Guarantee Requirements

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6.1 The County prefers a minimum two (2) year warranty covering labor and materials from the date of invoice.

6.2 All products must meet the required specifications and shall be packaged by the manufacturer to arrive at the County facility free of defects and in brand new condition. Products shall not be refurbished or used.

6.3 There shall be no restocking fees or additional charges for returns of damaged or incorrect items.

6.4 At time of delivery, the HIRT receiving department shall be responsible for final inspection of product quantity and quality. If any product is rejected, the Contractor shall pick up and exchange the product at no additional cost to the County within 72 hours.

F. PAYMENT SCHEDULE

Item Est Qty Price Extended Price Automated Portable Mercury Vapor Analyzer 1 $ $ Training 1 $ $ Service Agreement 1 $ $ Warranty 1 $ $ Shipping and Handling 1 $ $ Total $ $

Note: Quantities are estimated based on pricing.

1. Pricing must be all inclusive, including all associated fees.

2. Do not include sales tax with pricing. Sales tax / Use tax will be added on purchase order.

3. Pricing must be firm fixed and remain firm fixed for the entire contract term.

4. The estimated quantity provided are solely for evaluation. They represent approximate anticipated use. If the County’s actual requirements do not result in orders in the quantities described as “estimated” in the Schedule, that fact shall not constitute the basis for price adjustment.

5. The extended price equals estimated quantity multiplied by the unit price.

6. Please consider the delivery pricing to be on the terms of F.O.B.

G. DRAFT AGREEMENT

The County’s contract with the successful Offeror(s) will be based upon the following Draft Agreement, structured as follows:

The County’s contract with the successful Offeror(s) will be based upon the draft Agreement posted to BuyNet (as a file named rfq_13280_draft_agreement.docx), structured as follows:

Draft Agreement

Exhibit A – Statement of Work Exhibit B – Insurance Requirements Exhibit C – Payment Schedule

Exhibits A (Statement of Work) and C (Payment Schedule) will be added during contract finalization. Offerors will be deemed to have accepted the Draft Agreement and Statement of Work, except where Offeror has taken clear exception in its quote in accordance with and when provided for in the Submittal Items.

EXHIBIT B – INSURANCE REQUIREMENTS

INSURANCE REQUIREMENTS FOR CONTRACTORS

Without limiting Contractor’s indemnification obligations to County, Contractor shall provide at its sole expense and maintain for the duration of this contract, or as may be further required herein, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of the work by the Contractor, his agents, representatives, employees or subcontractors.

1. Minimum Scope and Limit of Insurance Coverage shall be at least as broad as:

A. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit ($4,000,000).

B. Automobile Liability covering all owned, non owned, hired auto Insurance Services Office form CA0001, with limit no less than $1,000,000 each accident for bodily injury and property damage.

C. Workers’ Compensation, as required by State of California and Employer’s Liability Insurance, with limits no less than $1,000,000 each accident for bodily injury or disease. Coverage shall include waiver of subrogation endorsement in favor of County of San Diego.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the County requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits and coverage stated above, shall also be available to the County of San Diego.

2. Self-Insured Retentions Self-insured retentions must be declared to and approved County Risk Management. County may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or County. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. County may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. County reserves the right to obtain a copy of any policies and endorsements for verification.

3. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions:

A. Additional Insured Endorsement The County of San Diego, the members of the Board of Supervisors of the County and the officers, agents, employees and volunteers of the County, individually and collectively are to be covered as additional insureds on the General Liability policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General Liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO from CG 2010 11 85 or both CG 2010, CG 2026, CG 2033, or CG 2038; and CG 2037 forms if later revisions used).

B. Primary Insurance Endorsement For any claims related to this Contract, Contractor’s insurance coverage, including any excess liability policies, shall be primary and non-contributory at least as broad as ISO CG 20 01 04 13 as respects the County, the members of the Board of Supervisors of the County and the officers, agents, employees and volunteers of the County, individually

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and collectively. Any insurance or self-insurance maintained by the County, its officers, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

C. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the County.

General Provisions

4. Qualifying Insurers All required policies of insurance shall be issued by companies which have been approved to do business in the State of California by the State Department of Insurance, and which hold a current policy holder’s alphabetic and financial size category rating of not less than A, VII according to the current Best’s Key Rating guide, or a company of equal financial stability that is approved in writing by County Risk Management.

5. Umbrella or Excess Policy Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self- Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

6. Evidence of Insurance Prior to commencement of this Contract, but in no event later than the effective date of the Contract, Contractor shall furnish the County with a copy of the policy declaration and endorsement pages along with the certificates of insurance and amendatory endorsements effecting coverage required by this clause. Policy declaration and endorsement pages shall be included with renewal certificates and amendatory endorsements submissions and shall be furnished to County within thirty days of the expiration of the term of any required policy. Contractor shall permit County at all reasonable times to inspect any required policies of insurance. The Contract/Project Number should be noted in the “Description of Operations” box located near the bottom of the form. Additionally, the “Certificate Holder” box should designate the address of the responsible department or department representative to ensure the documents are received by the appropriate party.

7. Failure to Obtain or Maintain Insurance; County’s Remedies Contractor’s failure to provide insurance specified or failure to furnish certificates of insurance and amendatory endorsements or failure to make premium payments required by such insurance shall constitute a material breach of the Contract, and County may, at its option, terminate the Contract for any such default by Contractor.

8. No Limitation of Obligations The foregoing insurance requirements as to the types and limits of insurance coverage to be maintained by Contractor, and any approval of said insurance by the County are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Contractor pursuant to the Contract, including, but not limited to, the provisions concerning indemnification.

9. Review of Coverage County retains the right at any time to review the coverage, form and amount of insurance required herein and may require Contractor to obtain insurance reasonably sufficient in coverage, form and amount to provide adequate protection against the kind and extent of risk which exists at the time a change in insurance is required.

10. Self-Insurance Contractor may, with the prior written consent of County Risk Management, fulfill some or all of the insurance requirements contained in this Contract under a plan of self-insurance. Contractor shall only be permitted to utilize such self-insurance if in the opinion of County Risk Management, Contractor’s (i) net worth, and (ii) reserves for payment of claims of liability against Contractor, are sufficient to adequately compensate for the lack of other insurance coverage required by this

MERCURY VAPOR ANALYZER

Contract. Contractor’s utilization of self-insurance shall not in any way limit liabilities assumed by Contractor under the Contract.

11. Subcontractors’ Insurance Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. If any sub contractor’s coverage does not comply with the foregoing provisions, Contractor shall defend and indemnify the County from any damage, loss, cost, or expense, including attorneys’ fees, incurred by County as a result of subcontractor’s failure to maintain required coverage.

12. Waiver of Subrogation Contractor hereby grants to County a waiver of their rights of subrogation which any insurer of Contractor may acquire against County by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the County has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.

Certification Regarding Lobbying Page 1 of 1 rev 6/8/2021

County of San Diego

BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION

Ref: 44 C.F.R. APPENDIX A to PART 18 – Certification Regarding Lobbying

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Name of Contractor/Offeror Contract or Solicitation Number

Printed Name of Contractor’s Authorized Official Title of Contractor’s Authorized Official

Signature of Contractor’s Authorized Official Date of Signature