Sea-Doo_Jet_Ski's_and_Trailer_(Addendum_#2_Revision).pdf

REQUEST FOR BID

2026-RFB-0048

SEA-DOO JET SKI'S AND TRAILER

County of Sacramento

9660 Ecology Lane

Sacramento, CA 95827

RELEASE DATE: May 12, 2026

DEADLINE FOR QUESTIONS: May 19, 2026

RESPONSE DEADLINE: May 26, 2026, 10:00 am

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 BID

Sea-Doo Jet Ski's and Trailer

1. Definitions

2. Introduction

3. Bidder's Instructions

4. Basis for Award

5. Project Details

6. Vendor Submissions

7. Pricing Table

8. Sacramento County Standard Terms and Conditions

9. Additional Terms and Conditions

Attachments:

A - 2026 seadoo explorer pro 230 spec sheet

Request for Bid #2026-RFB-0048 Title: Sea-Doo Jet Ski's and Trailer

1. Definitions

Response: The written, signed and sealed complete document(s) submitted according to the bid 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 document, including all subsequent addenda, made publicly available to all prospective bidders.

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 bid 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 goods, equipment and/or services.

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

• Contractor - The Bidder(s) whose Response to this bid 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 bid.

• Contractor’s Employee - All persons who can be offered to provide the goods, equipment and/or services described in the bid. 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 bid 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 bidder, 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

Sacramento County Sheriff's Office Marine Enforcement Detail (MED) is seeking bids from qualified vendors for the purchase and delivery of two (2) Sea-Doo Jet Ski's, and one (1) single axle, double-PWC

(personal watercraft/jet ski) side-by-side trailer. These water vehicles must be new, unused and meet or exceed the performance, specifications and features of the 2026 Sea-Doo Explorer Pro 230. The single axel tandem trailer must also be new, unused and meet or exceed the performance, specifications and features of the specifications provided within this RFB.

This procurement is funded by federal and/or state grant funds and must comply with 2 CFR

Part 200. The County will conduct this procurement using full and open competition and will not apply race- or gender-based preferences in evaluation.

In accordance with 2 CFR §200.321, the County encourages participation by small businesses, including SBA-certified small, disadvantaged, women-owned, and veteran-owned firms. Such participation is encouraged through outreach and inclusion efforts; however, these classifications will not be used as evaluation preferences unless expressly authorized by federal law.

This procurement must also comply with applicable State of California requirements and the federal procurement standards in 2 CFR 200.318–200.326. This solicitation is being conducted as a competitive

Request for Bids (RFB), and award will be made to the lowest responsive and responsible bidder. Bidders must comply with all required federal and state certifications, including debarment and suspension, DVBE participation requirements, and any other applicable contract clauses.

In accordance with the State’s Disabled Veteran Business Enterprise (DVBE) Participation Requirements, bidders must submit a brief DVBE Compliance Statement indicating whether any subcontracting is proposed. Because this purchase is for equipment and no subcontracting is anticipated, bidders may simply state that no subcontracting will be used. DVBE compliance is required for grant eligibility but does not affect bid scoring, pricing evaluation, or local/Microbusiness preference points.

NOTE:

The total purchase price, including all taxes, fees, delivery, and any associated charges, shall not exceed

$47,000.

Due to the County's year end procedures, it is preferred that the jet ski's and trailer be delivered and the invoice received no later than June 2, 2026. Payment will be processed as soon as possible, in accordance with all County procedures, upon receipt of the equipment and the final invoice.

If delivery of all equipment is not possible by June 2, 2026, the vendor shall maintain the same pricing in accordance with the 90-day price-hold requirement in the Basis of Award section. Net-10 payment terms will apply. Payment will be processed within ten (10) business days of receipt of the equipment and final invoice, and the check will be mailed promptly thereafter in accordance with all County procedures. Delivery occurring on or shortly after July 1, 2026 is acceptable; however, please note that

July 3, 2026 is a County-observed holiday and no deliveries may be made on that date.

2.2. Background

The Marine Enforcement Detail (MED) is responsible for patrolling the river and Delta regions within

Sacramento County to ensure a safe boating environment for residents and the broader boating community. Their patrol area extends from the Sacramento River north of Downtown Sacramento down through the Delta and the San Joaquin River.

These Jet Skis will enhance the MED’s ability to enforce state and local ordinances and support safe boating operations throughout the region.

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.

Alison Santiago

Senior Contract Services Officer

9660 Ecology Lane

Sacramento, CA 95827

Email: santiagoal@saccounty.gov

Phone: (916) 876-6259

Department:

DGS: CAPSD - Procurement

Department Head:

Brandalyn Tramel

Purchasing Agent

2.4. Timeline

Release Project Date May 12, 2026

Question Submission Deadline May 19, 2026, 10:00am

Addendum Issued (if necessary) May 19, 2026, 10:00am

Submission Deadline May 26, 2026, 10:00am mailto:santiagoal@saccounty.gov tel:(916)876-6259

3. Bidder's Instructions

3.1. General Format

Respond to all requests for information and completion of forms contained in this Request for Bid. 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. Bidder is solely responsible for accuracy and completeness of bid response and for electronically separating and marking documents as confidential when submitting their response through SacCountyEbids. Responses considered incomplete may be rejected.

3.2. Alteration of Bid Text

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

3.3. 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 Sacramento

County’s Electronic Bidding website (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 bidder 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 and added; Payment Terms: TBD.

3.4. Confidential Information/Public Record

All responses become property of the County. All responses, including the accepted bid 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 bid are not considered proprietary information.

The County will treat all information submitted in a bid 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 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 information contained within your bid, you must identify any such information, together with the legal basis of your claim in your bid, and present such information separately as part of your response.

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

Public Bid Opening: As soon as possible after the date and time specified by the Request for Bid, pricing information will made public to all bidders. The responses will remain sealed during the bid evaluation period, and will be made available for public inspection upon notice of bid award.

This bid award will be determined by lowest responsive and responsible bidder. Bid responses will be considered valid for a period of 90 calendar days after bid closing date above.

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

5. Project Details

5.1. 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.

5.2. Scope of Work or Project Details

Two (2) new, unused 2026 Sea-Doo Explorer Pro 230 Jet Ski's

NOTE: The Sea-Doo spec sheet provided in the attachments references the Explorer Pro

170/230 Models.

The County will NOT accept bids on the Explorer Pro 170 Model. Any submissions that include the Sea-Doo Explorer Pro 170 Model will be deemed non-responsive.

One (1) single axle double-PWC / Jet Ski Trailer

Trailer shall be a Single-axle, side-by-side double-PWC (jet ski) trailer trailer with a minimum carrying capacity of 2,300 lbs., equipped with adjustable bunks compatible with two Sea-Doo

Explorer Pro 230 personal watercraft, with appropriate load rating, corrosion-resistant construction (aluminum or steel), and all required lighting and safety equipment compliant with

California DMV regulations.

Typical single-axle, side-by-side double-PWC (jet ski) trailer trailers measure approximately 16–

19 feet in overall length and 96–102 inches in overall width. Trailers offered must fall within this general size range to ensure compatibility with standard double-PWC configurations.

Acceptable trailer models include, but are not limited to, the Sea-Doo MOVE II, Karavan Double

Watercraft Trailer, and Triton ELITE-WCII (2-Place Trailer), or approved equivalents meeting the required specifications.

5.3. Grant Funding Requirements

This procurement is funded in whole or in part by federal grant funds and is therefore subject to the procurement standards set forth in 2 CFR Part 200, including §§200.318–200.327. In accordance with these requirements:

1. Full and Open Competition

All procurement transactions shall be conducted in a manner providing full and open competition consistent with 2 CFR §200.319. No bidder shall be given an unfair competitive advantage, and evaluation shall be based solely on the criteria set forth in this solicitation.

https://procurement.opengov.com/signup

2. Prohibition on Race- or Gender-Based Preferences in Evaluation

In accordance with federal law and applicable legal precedent, the County will not apply race-, ethnicity-, or gender-based evaluation preferences or scoring advantages in the award of contracts funded with federal financial assistance, unless expressly authorized by federal statute.

3. Affirmative Steps for Small and Disadvantaged Businesses

Consistent with 2 CFR §200.321, the County encourages participation by:

o Small Business Administration (SBA)-certified small businesses;

o Small disadvantaged businesses;

o Women-owned small businesses (WOSB);

o Veteran-owned and service-disabled veteran-owned small businesses (VOSB/SDVOSB); and o Historically underutilized businesses.

4. No Set-Asides Unless Federally Authorized

Any use of small business set-asides will be conducted strictly in accordance with federal Small

Business Act authorities and applicable regulations. This solicitation is not a federal set-aside procurement unless expressly stated elsewhere in this document.

5. Voluntary Disclosure of Business Status

Bidders may voluntarily identify their business status (e.g., SBA-certified small business, WOSB, SDVOSB, etc.) for reporting and outreach purposes. Such identification:

o Will not be used as an evaluation factor or to determine award, unless specifically authorized under applicable federal law; and o May be used for federal reporting, program tracking, and outreach compliance purposes only.

6. Subcontracting Encouragement (If Applicable)

Where subcontracting is anticipated, bidders are encouraged—but not required—to make good faith efforts to utilize small and disadvantaged businesses. Documentation of such efforts may be requested for compliance purposes but will not be scored unless explicitly stated.

This procurement must also comply with applicable State pf California requirements and the federal procurement standards in 2 CFR 200.318–200.326. This solicitation is being conducted as a competitive

Request for Bids (RFB), and award will be made to the lowest responsive and responsible bidder. Bidders must comply with all required federal and state certifications, including debarment and suspension, DVBE participation requirements, and any other applicable contract clauses.

In accordance with the State’s Disabled Veteran Business Enterprise (DVBE) Participation Requirements, bidders must submit a brief DVBE Compliance Statement indicating whether any subcontracting is proposed.

Because this purchase is for equipment and no subcontracting is anticipated, bidders may simply state that no subcontracting will be used. DVBE compliance is required for grant eligibility but does not affect bid scoring, pricing evaluation, or local/Microbusiness preference points.

6. Vendor Submissions

6.1. Bid Requirements*

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

☐ Yes

☐ No

*Response required

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

☐ Please confirm

6.3. Please confirm your understanding that the Count will only accept Sea-Doo Explorer Pro 230 (or approved equivalent) model. Any other model submitted will be deemed non-responsive.

☐ Please confirm

6.4. I understand that It is preferred that the jet skis and trailer be delivered on or before June 2, 2026. The vendor shall also submit the final invoice upon delivery.

☐ Please confirm

6.5. If delivery cannot be completed by June 2, 2026, pricing shall remain valid under the 90-day price-hold. Net-10 terms apply; payment will be processed within ten business days of receiving the equipment and invoice and mailed promptly thereafter. Delivery on or after July 1, 2026 is acceptable. No deliveries may occur on July 3, 2026 due to a County holiday.

☐ Please confirm

6.6. Please confirm you understand that the final price for all equipment, including tax, fees, delivery and any associated charges shall not exceed $47,000.

☐ Please confirm

6.7. Bid Documents*

Please Upload any/all required or supplemental bid documents here.

*Response required

6.8. 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.

6.9. 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

6.10. 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

6.11. 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

6.12. 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

6.13. Certification Regarding Debarment and Suspension*

CONTRACTOR agrees to comply with 5 U.S.C. 1501-1508, 31 U.S.C. §1352 and 45 CFR Part 76.100 (Code of Federal Regulations), which provides that federal funds may not be used for any contracted services, if CONTRACTOR is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency.

I (We) certify to the best of my (our) knowledge and belief, that CONTRACTOR named below and its principals:

A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;

B. Have not within a three (3)-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

C. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity

(federal, state, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and

D. Have not within a three (3)-year period preceding this application/proposal/agreement had one or more public transactions (Federal, State, or local) terminated for cause or default.

E. Shall notify COUNTY OF SACRAMENTO, CONTRACT & PURCHASING SERVICES DIVISION within ten (10) days of receipt of notification that CONTRACTOR is subject to any proposed or pending debarment, suspension, indictments or termination of a public transaction.

F. Shall obtain a certification regarding debarment and suspension from all its subcontractors that will be funded through this Agreement.

G. Hereby agree to terminate immediately, any subcontractor’s services that will be/are funded through this Agreement, upon discovery that the subcontractor is ineligible or voluntarily excluded from covered transactions by any federal department or agency.

☐ Please confirm

*Response required

6.14. SAM.gov*

Please enter your legal entity name for SAM.gov verification.

*Response required

6.15. It is understood that Bidders may voluntarily identify their business status (e.g., SBA-certified small business, WOSB, SDVOSB, etc.) for reporting and outreach purposes. Such identification: 1. Will not be used as an evaluation factor or to determine award, unless specifically authorized under applicable federal law; and 2.May be used for federal reporting, program tracking, and outreach compliance purposes only.

☐ Please confirm

6.16. This purchase is funded by a grant and requires compliance with the State’s Disabled Veteran Business Enterprise (DVBE) Participation Requirements.

Please state whether any subcontracting will be used for this purchase. If no subcontracting is anticipated, respond: ‘No subcontracting will be used.’

If subcontracting is anticipated, briefly describe the subcontracted work and upload any DVBE outreach documentation.*

7. Pricing Table

PRICING TABLE

Total Price to be at or below $47,000.

Line Item Description Quantity Unit of

Measure Unit Cost Total Delivery

Date

1 Explorer Pro 230 Sea-

Doo Jet Ski 1 Each

2 Explorer Pro 230 Sea-

Doo Jet Ski 1 Each

3 Single-axle, side-by-side double-PWC (Jet Ski)

Trailer

1 Each

4 Delivery Fee (if any) 1 Each

5. Taxes 7.75% 1 Each

TOTAL

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 has partnered with Bank of America to implement a card payment program, ePayables, offered to County’s suppliers/contractors/vendors. This preferred payment method will reduce paper waste and expedite payments to recipients. Traditional forms of payment (hardcopy checks) remain.

ePayables will not affect payment terms and conditions of any existing contract. Once an invoice is approved for payment, an electronic remittance advice will be sent to the recipient’s email instead of a hardcopy check. The remittance advice will include statement-type information such as: invoice numbers, dates, and invoice amounts. Payments can be retrieved with a County designated account number assigned to the contractor. For more information, go to www.bankofamerica.com/epayablesvendors or contact the Sacramento County Department of Finance at 916-874-7411 (epayables@saccounty.gov).

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.

http://www.bankofamerica.com/epayablesvendors

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. Failing to comply with the WCAG (“Web Content Accessibility Guidelines”) Version 2.1, Level AA policy (https://www.w3.org/TR/WCAG21/) or take significant steps toward doing so in a reasonable amount of time by April 24, 2026, shall result in consequences up to and including refund of purchase price and/or termination of the Contract.

9.2. Indemnification (goods)

The contractor shall indemnify, defend and hold harmless the County, its officers, agents, employees, and representatives, from and against any and all claims, losses, liabilities, or damages, demands and action including payment of reasonable attorneys' fees, arising out of or resulting from the performance of resulting contract, caused in whole or in part by any negligent or willful act or omission of the contractor, its officers, agents, employees, representatives, or anyone directly or indirectly acting on behalf of the contractor, regardless of whether caused in part by a party indemnified hereunder.

https://www.w3.org/TR/WCAG21/