Temporary_Outdoor_Shelters_(Addendum_#1_Revision).pdf

REQUEST FOR PROPOSAL

2022-RFP-0100

TEMPORARY OUTDOOR SHELTERS

County of Sacramento

9660 Ecology Lane

Sacramento, CA 95827

RELEASE DATE: December 21, 2022

DEADLINE FOR QUESTIONS: January 4, 2023

RESPONSE DEADLINE: January 18, 2023, 2:23 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

Temporary Outdoor Shelters

I. Definitions II. Introduction

III. Proposer's Instructions IV. Basis for Award V. Final Acceptance

VI. Project Details VII. Evaluation Phases

VIII. Vendor Submissions IX. Pricing Table X. Sacramento County General Terms and Conditions

XI. Additional Terms and Conditions XII. Environmental Purchasing Policy

XIII. Insurance Requirements for Contractors XIV. Prevailing Wage

Attachments:

A - Byrd Anti Lobbying

B - Risk Assessment Questionnaire

Request for Proposal #2022-RFP-0100 Title: Temporary Outdoor Shelters

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

General work description: The County seeks to partner with qualified Manufacturers and Contractors who share our values and will work collaboratively with the County and other agencies to provide temporary structures for outdoor shelters known as Safe Stay Communities. Proposers will be manufacturers or providers of temporary Sleeping Units, such as Tiny Houses or other temporary shelters. The County wishes to purchase such units on an as-needed basis in coordination with efforts to increase sheltering options and stability for the unhoused.

The County is looking to purchase approximately 200 to 400 shelters, on an as needed basis, to be delivered and assembled at multiple sites within the unincorporated portion of Sacramento County. The smallest communities would number 40 shelters and the largest communities would number 100 shelters. A minimum order can not be guaranteed.

2.2. Contact Information

Kevin Deol

Contract Services Officer I

9660 Ecology Ln

Sacramento, CA 95827

Email: deolk@saccounty.gov

Phone: (916) 876-6382

Department:

DGS: CAPSD - Procurement

Department Head:

Craig Rader

Purchasing Agent

2.3. Timeline

Release Project Date December 21, 2022

Question Submission Deadline January 4, 2023, 2:23pm

Submission Deadline January 18, 2023, 2:23pm

Award Contract January 25, 2023 mailto:deolk@saccounty.gov tel:(916)876-6382

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 90 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, experience, references, risk assessment, etc. Contract(s) will be awarded to the highest scoring proposer(s). A breakdown of award factors can be found under the "Evaluation" page.

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

ProcureNow by signing up at https://secure.procurenow.com/signup. 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

SCOPE OF WORK

The County seeks to partner with qualified Manufacturers and Contractors who share our values and will work collaboratively with the County and other agencies to provide temporary structures for outdoor shelters known as Safe Stay

Communities. Proposers will be manufacturers or providers of temporary Sleeping

Units, such as Tiny Houses or other temporary shelters. The County wishes to purchase such units on an as-needed basis in coordination with efforts to increase sheltering options and stability for the un-housed.

The County is looking to purchase approximately 200 to 400 shelters, on an as needed basis over the course of up to 5 years, to be delivered and assembled at multiple sites within the unincorporated portion of Sacramento County. The smallest communities would number 40 shelters and the largest communities would number 100 shelters. A minimum order can not be guaranteed.

TECHNICAL OR REQUIRED SERVICES

The successful Proposer shall perform the tasks listed below for this project:

Manufacture or supply Sleeping Units. Ideally, Proposers will have had experience working with people experiencing homelessness and/or refugee communities in providing these services as alternative shelter, emergency shelter, outdoor shelter, or transitional housing. Prospective vendors should be able to stage products for

County prior to delivery and installation. Product staging will preferably be in person, with video calling options at the County's discretion.

FUNDING

https://secure.procurenow.com/signup

• Proposals shall address all Federal funding requirements.

Sleeping Unit Specifications

• Sleeping units are individual shelters like tiny houses with dual occupancy and single room occupancy units

• Sleeping units DO NOT include bathroom/bathing or cooking facilities.

Sizes:

• Single Occupancy: 64 sq. ft. minimum 50 sqft inside clear floor space

(8’ x 8’)

• Dual Occupancy: 103 sq. ft. minimum inside clear floor space (unless otherwise approved by the Building Official)

Each sleeping unit must include at minimum:

• Private access with locking door

• Emergency egress door/hatch opposite side of entry door

• Screened windows for light and ventilation

• One (1) bed frame and mattress (64 sq. ft. unit)

• Two (2) bed frames and mattresses (103 sq. ft. unit)

• Storage – under bed or wall shelving unit

• Interior 110v electrical outlet (at least one ([1])

• Radiant panel heat source sufficient to heat the space up to but not limited to

70 degrees

• Air conditioning source

• Combination smoke/carbon monoxide alarm with tamper proof cage (if more than one sleeping unit per structure, alarms must be interconnected)

• Light and light switch

• Exterior LED light above cabin entry door

• Exterior signage listing cabin number (6” tall on all four sides of each unit)

• External utility electrical connection

Accessibility:

• Doors to sleeping units must be wide enough for a person using wheelchair or other mobility device to enter (36” nominal width)

• Allow 5’ diameter turnaround inside sleeping units

• Outlets and switches at accessible height

• Provide lever hardware option

• Sleeping units must come with or be compatible with Americans with Disabilities Act requirements for ramps

• Shipping Terms:

• Shipping terms shall be FOB Destination, Freight Prepaid.

Installation:

• Able to be assembled, disassembled, relocated, and reassembled and installed.

• Units can be installed on asphalt or gravel surfaces

• Units shall have seismic anchoring attachment at each corner

• Vendor to provide initial installation, and train County staff on installation/assembly, disassembly, relocating units while assembled (if possible), and common maintenance issues and best practices for correction

• Vendor to provide all of the necessary equipment and supplies required for assembly (forklifts, dumpsters, sanitations stations, etc.)

Maintenance:

• Durable surfaces that are easy to clean (no exposed wood)

• Replacement parts readily available

Warranty:

• Minimum 1 year warranty for parts/labor/defects

• Cost of additional extended warranty shall be entered in the pricing sheet of the bid.

Payment:

• No upfront payments will be made prior to delivery and installation.

References:

• A minimum of 3 references are required, however, additional references will accrue more points towards being awarded the bid.

7. EVALUATION PHASES

No. Evaluation Criteria Scoring Method Weight (Points)

1. Ability to meet RFP Technical Specifications

Points awarded to vendor's ability to meet RFP

Specifications.

Points Based 30 (25% of Total)

2. Ease of storage, transport, and reassembly

Will be awarded after product demonstrations.

Points Based 30 (25% of Total)

3. Pricing

Points awarded to lowest prices.

Points Based 10 (8.3% of Total)

4. Experience

Points awarded for each vendor's number of years of experience.

Points Based 10 (8.3% of Total)

5. References

Points awarded for the number of references provided.

Points Based 10 (8.3% of Total)

6. Risk Assessment

Points awarded for proper risk assessment documentation.

Points Based 30 (25% of Total)

8. VENDOR SUBMISSIONS

8.1. Proposal Requirements*

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

☐ Yes

☐ No

*Response required

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

☐ Please confirm

8.3. 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.

8.4. Contractor Certification of Compliance*

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)

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

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

☐ (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

8.5. Contractor Certification of Compliance Cont...*

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.

☐ Yes

☐ No

*Response required

8.6. 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

8.7. 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

8.8. 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

8.9. Risk Assessment Questionnaire*

Please download the below documents, complete, and upload.

• Risk_Assessment_Questionnai...

8.10. 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

8.11. SAM.gov*

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

https://government-project.s3.us-west-2.amazonaws.com/14692/69c0247d-f232-4964-94df-52ab07e78aa1_Risk_Assessment_Questionnaire.pdf?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1672841541&Signature=6SYbZrTZ3UmStUyByGpvjzFGx8A%3D&response-content-disposition=attachment%3B%20filename%3D%22Risk_Assessment_Questionnaire.pdf%22

8.12. Legal name of Business and Physical Address (Also Include Mailing Address if different).

Enter the following information here:

A. Legal name of business

B. Physical street address, city, state & zip code

C. Mailing address (only if different from physical address)

8.13. County and Year Business was Established

A. County established:

B. Year established:

C. Business license number:

D. Business license issued by:

8.14. Does your business have more than one office in the State of California?

If Yes, specify the office location considered as the point-of-sale for sales tax purposes:

A. Office Location: street address, city, state, zip code

8.15. For transactions which require sales tax, provide the Reseller Permit Number

Please enter the following information exactly as it appears on your permit:

A. Permit number

B. Company name

C. Street address, city, state, zip code

8.16. Is your business independently owned and operated?

☐ Yes

☐ No

8.17. Is your business not dominant in its field of operation?

☐ Yes

☐ No

8.18. Together with your affiliates, is your business either a service, construction, or non-manufacturing firm with twenty-five (25) or fewer employees?

☐ Yes

☐ No

8.19. Does your business have an average annual gross receipts of five million dollars ($5,000,000) or less over the previous three years?

☐ Yes

☐ No

8.20. Provide the company's State of California Small Business Certification Number and expiration date.

California Small Business Certification Number:

Expiration Date:

8.21. Under penalty of perjury, the undersigned states that the foregoing statements are true and correct. The undersigned also acknowledges that any person, firm, corporation or entity intentionally submitting false information to the County in an attempt to qualify for local preference shall be prohibited from bidding on Sacramento County products and services for a period of one (1) year.*

☐ Please confirm

9. PRICING TABLE

Price Sheet Instructions

- Line Items 10 and 20 are for the annual purchase of single and double occupancy shelters, respectfully.

The County estimates that it will purchase 200-400 shelters through the entire life of the contract, or roughly 100 per year. The price sheet has been broken up annually due to the expectation of price changes year to year. Purchase of single and double occupancy shelters shall loosely follow a proportion of 75 to 25 percent, respectfully. These line items shall also include cost of storage and assembly.

Whether shelters are assembled and then shipped, or vice versa is up to the vendor's digression.

- Line Items 30 and 40 are for extended warranties for the single and double occupancy shelters, respectfully. Please enter the cost for an additional one year of warranty for each shelter.

SHELTER COST

Price Sheet Instructions Line Items 10 and 20 are for the annual purchase of single and double occupancy shelters, respectfully. The County estimates that it will purchase 200-400 shelters through the entire life of the contract, or roughly 100 per year. The price sheet has been broken up annually due to the expectation of price changes year to year, and shall only reflect pricing for the initial one year term. Pricing for subsequent years will be determined by changes in the Producer Price Index (PPI) for processed goods for intermediate demand, in a 12 month percent change from the starting date of the contract. Purchase of single and double occupancy shelters shall loosely follow a proportion of 75 to 25 percent, respectfully. These line items shall also include cost of storage and assembly. Whether shelters are assembled and then shipped, or vice versa is up to the vendor's discretion. Line Items 30 and 40 are for extended warranties for the single and double occupancy shelters, respectfully. Please enter the cost for an additional one year of warranty for each shelter.

Line Item Description Quantity Unit of

Measure Unit Cost Total

10 Single occupancy shelters (Cost of storage, assembly and 1-year warranty included)

75 # of Shelters

20 Double occupancy shelters (Cost of storage, assembly and 1-year warranty included)

25 # of Shelters

30 1-Year Extended Warranty (Single occupancy shelter) 75 Total

Warranty

Cost

40 1-Year Extended Warranty (Double occupancy shelter) 25 Total

Installation

Cost

Line Item Description Quantity Unit of

Measure Unit Cost Total

TOTAL

10. SACRAMENTO COUNTY GENERAL TERMS AND CONDITIONS

A. BID/QUOTE/PROPOSAL/GENERAL CONDITIONS: All of the terms and conditions of the bid, quote, or proposal against which this purchase document 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. CASH DISCOUNTS: In connection with any cash discount specified on this quote, time will be computed from the date of complete delivery of the supplies or equipment as specified, or from date correct invoices are received in the County Auditor’s Office if the latter date is later than the date of delivery. 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. AMERICANS WITH DISABILITIES ACT: As a condition of accepting a purchase order from the

County of Sacramento, the contractor certifies that their business entity is in compliance with the Americans With Disabilities Act of 1990, as amended. Failure to certify shall prohibit the award of a purchase order to the contractor.

E. HOLD HARMLESS: The 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.

F. DEFAULT BY CONTRACTOR: In case of default by 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 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.

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

H. ASSIGNMENT: (a) This award is not assignable by contractor either in whole or in part, without the prior written approval of the Purchasing Agent of the County of Sacramento. (b) In submitting a quote to a public purchasing body, the quoter offers and agrees that if the quote is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) & the Cartwright Act

(Chapter 2 [commencing with Section 16700] of part 2 of Division 7 of the Business and

Professions Code), arising from the purchases of goods, materials, or services by the quoter for sale to the purchasing body pursuant to the quote. Such assignment shall be made and become effective at the time the purchasing body tenders final payment.

I. APPLICABILITY TO HEIRS: Time is of the essence of each and all the provisions of this agreement, and, subject to the limitations of Paragraph 8, the provisions of this agreement shall extend to and be binding upon and inure to the benefits of the heirs, executors, administrators, successors, and assigns of the respective parties hereto.

J. F.E.T. EXEMPTION: Sacramento County is exempted from payment of Federal Excise Tax. No federal tax shall be included in price.

K. 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.

L. TITLE: Except as otherwise expressly provided herein, title to and risk of loss on all items shipped by seller to buyer shall pass to the buyer upon buyer’s inspection and acceptance of such items at buyer’s building.

M. CHANGES WITHOUT NOTICE PROHIBITED: No changes in price, quantity or merchandise will be recognized by the County of Sacramento without written notice of acceptance thereof prior to shipment.

N. ALL UNDERSTANDINGS IN WRITING: It is mutually understood and agreed that no alteration or variation of terms of this award shall be valid unless made in writing and signed by the parties hereto, and that no oral understandings or agreements not incorporated herein, and no alterations or variations of the terms hereof unless made in writing between the parties hereto shall be binding on any of the parties hereto.

O. FORCE MAJEURE: The contractor will not be held liable for failure or delay in the fulfillment of conditions of purchase order/contract if hindered or prevented by fire, strikes, or Acts of God.

P. INVOICING: Upon submission of itemized invoices, in duplicate, payment shall be made of the prices stipulated herein for supplies delivered and accepted or services rendered and accepted, less deductions, if any, as herein provided. Payment on partial deliveries may be made whenever amounts due so warrant or when requested by the contractor and approved by the

Purchasing Agent.

Q. SPECIAL CONDITIONS: Buyer’s standard terms and conditions shall govern any contract awarded. If, after award of contract, contractor provides additional terms or conditions, they shall be considered void. To the extent not otherwise stated in the contract, the California

Commercial code shall apply.

R. INFORMATION TECHNOLOGY ASSURANCES: Contractor shall take all reasonable precautions to ensure that any hardware, software, and/or embedded chip devices used by 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.

S. CHILD, FAMILY, AND SPOUSAL SUPPORT: Contractor hereby certifies that either: (a) The

Contractor is a government or non-profit entity; or (b) the Contractor has no Principal Owners

(25% or more); 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. 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; (b) Contractor has fully complied with all lawfully served wage and earnings assignment orders and notices of assignment and will continue to maintain compliance; and NOTE: Failure to comply with state and federal reporting requirements regarding Contractor’s employees or failure to implement lawfully served wage and earnings assignment orders or notices of assignment constitutes a default under any contract with the

County. Failure to cure such default within 90 days of notice by the County shall be grounds for termination of contract.

T. COMPLIANCE WITH ALL LAWS, LICENSES AND PERMITS: In the performance of their duties, 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.

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.

11. 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:

A. 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.

B. 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).

C. 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:

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

B. 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.

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

D. 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.

Indemnification: 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 this agreement, 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.

Termination:

A. County may terminate any resulting agreement 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).

B. County may terminate any resulting agreement for cause immediately upon giving written notice to contractor, should contractor materially fail to perform any of the covenants contained in this agreement 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.

C. County may terminate or amend any resulting agreement immediately upon giving written notice to contractor, 1) if advised that funds are not available from external sources for this agreement 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 this

Agreement are not appropriated by the State; 3) if funds in County's yearly proposed and/or final budget are not appropriated by County for this agreement or any portion thereof; or 4) if funds that were previously appropriated for this agreement are reduced, eliminated, and/or re-allocated by County as a result of mid-year budget reductions.

D. If any resulting agreement 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 the agreement as the services actually performed bear to the total services of contractor covered by this agreement, less payments of compensation previously made. In no event, however, shall County pay contractor an amount which exceeds a pro rata portion of the agreement total based on the portion of the agreement term that has elapsed on the effective date of the termination.

E. Contractor shall not incur any expenses under any resulting agreement 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 agreement. 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).

http://www.bankofamerica.com/epayablesvendors

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:

A. 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.

B. 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 Roman numeral III of this Agreement.

12. ENVIRONMENTAL PURCHASING POLICY

COUNTY OF SACRAMENTO

ENVIRONMENTALLY PREFERABLE PURCHASING

GUIDELINES AND PROCEDURES

1. PURPOSE

The purpose of the Environmentally Preferable Purchasing (“EPP”) policy is to support the purchase of recycled and environmentally preferable products, and reduce waste to minimize environmental impacts of our work. The County of Sacramento recognizes that employees can make a difference in favor of environmental stewardship through contractual relationships and purchasing practices.