Request for proposal

Request for Proposal:

Purchase of Two All-Wheel Drive SUVs

The Plumas County Probation Department is committed to public safety and protecting the community.

The purpose of this Request for Proposal is to solicit bids from automobile dealerships for the purchase of up to two (2) new 2023 small to mid-sized SUVs or one (l) new, 2023 sedan and/or one (l) new 2023 mid-sized SUV. All vehicles that are submitted for this RFP must meet or exceed the specifications and requirements listed below.

Scope of Work

Each vehicle submitted for this RFP/supplied after purchase must independently meet the following specifications and requirements:

a. All regulations as listed in the State of California Vehicle Code, including but not limited to California emissions standards.

b. Bids shall be for the total purchase price per vehicle including all taxes and dealer fees.

c. Exterior Color: Silver, Grey, Black or White only

d. Four (4) Passenger doors

e. Driver initiated or full-time AWD or 4WD.

f. Automatic Transmission

g. Anti-lock brakes

h. Traction Control

i. Power Steering

j. Tilt Steering Wheel

k. Power Windows with child lockout capability

l. Rear Window Defroster

m. Air Conditioning/Heating

n. Air Bags

o. Child safety door locks

p. Rear back up camera

q. Remote Keyless Entry

r. Bluetooth and Satellite Radio capable

Other Minimum Qualifications

Licensed Automobile Dealers only please. Price Quotations/Proposals for any vehicle fitting the above listed general criteria will be considered by the Probation Department; therefore, there is no limitation on the number of vehicle quotations/proposals anyone dealer may submit for consideration. In addition to the above, any dealer participating in this process should be aware of the following:

Dealers shall have all necessary licenses from the appropriate licensing agencies, and such licenses shall be current and in good standing. The dealer shall provide copies of those licenses to the Plumas County Probation Department upon request.

Contract Term

This Request for Proposal is for the purchase of up to two (2) new 2023 small to mid-sized SUVs or one (1) new, 2023 sedan and/or one (1) new 2023 mid-sized SUV. Upon purchase, the vehicle(s) must be delivered to the Plumas County Probation Department, by appointment, Monday-Friday, non-holiday between the hours of 8:00 AM and 4:00 PM at our office at 270 County Hospital Rd, Suite 128, Quincy, CA 95971.

Submission of Proposals

Bids may be submitted by any licensed, authorized dealer in person or by U.S. Mail at the address below.

Each proposal must contain an original signature of a party authorized to act as an agent of the responding contractor. All proposals submitted to the Plumas County Probation Department by U.S. Mail or submitted to us in person shall be submitted in one or more sealed envelope(s) and must be clearly marked: “Probation Vehicle Price Quote” to:

Plumas County Probation

Attn: Mark Mah

270 County Hospital Rd, Suite 128

Quincy, Ca 95971

(530) 283-6200

Proposals must be received by the Probation Department staff no later than 4:00 PM on June 30, 2023.

Upon receipt, proposals shall be marked with the date and time of the receipt and shall be stored in a secure place until the date and time set for the opening of proposals. Proposals may be delivered to the Probation Department in person or by U.S. Mail. Telephonic, telegraphic, emailed, or faxed proposals will not be accepted. Proposals received after 4:00 PM on June 30, 2023 will be considered non-responsive and will be rejected.

Questions regarding this Request for Proposals shall be directed to Mark Mah or Miguel Herrera, at the address and phone number listed above.

The Plumas County Probation Department reserves the right to issue one or more addenda to this RFP if the Plumas County Probation Department deems it necessary to revise or clarify this original RFP.

The Plumas County Probation Department reserves the right to reject any and all submittals and to waive any informality, technical defect or clerical error in any submittal. This RFP is not an offer to contract. The accepted proposal may become part of the contract agreement for furnishing the vehicle(s)/services.

The cost of developing the proposal and its attachments or enclosures, is the sole responsibility of the responding contractor. The Plumas County Probation Department is not liable for any costs incurred by those responding to this RFP by submitting a proposal.

Proposals shall include:

1. Year, Make and Model of the vehicle(s). The County assumes that quotations/proposals are for in-stock vehicles subject to delivery upon execution of the purchase, unless otherwise stated in the bid. If the quotation/proposal is not for an in-stock vehicle, this must be stated in the bid.

The expected delivery date for vehicles not in-stock must also be stated in the bid.

2. All vehicle(s) specifications
3. Delivery of the vehicle(s) to the Plumas County Probation office.
4. The full cash price of the vehicle(s) quoted, sales and luxury taxes included, any associated fees and the cash total, i.e., price out the door, delivered to the Probation Department office.

Evaluation and Award

Proposals will be initially reviewed by a panel appointed by the Plumas County Probation Department administration to verify that each proposal meets all of the minimum, mandatory, and administrative requirements. Those proposals not meeting the minimum, mandatory, and administrative requirements may be deemed non-responsive and given no further consideration. Those remaining after the initial review will then be reviewed by the panel for in-depth evaluation as set forth in the Request for Proposal. Evaluations of the proposals will be made by the panel, which will note any exceptions and record each proposal’s scores based on the established criteria. Scores shall be summarized and recorded when the evaluations have been completed.

The evaluation criteria will not be based solely on lowest cost, although cost will be a significant consideration. The review panel will also consider the following additional factors:

1. Experience consistent with the standard of care, diligence and skill ordinarily exercised by professionals in this field.
2. Familiarity with regulations and all laws that may affect the vehicle; i.e., rules within the California State Vehicle Code on new vehicle requirements, all warranties etc.
3. Demonstrated ability to provide services as requested.
4. Demonstrated ability to work with county staff.
5. Reputation, financial resources, and past performance history.

Discussions and/or interviews may be conducted with responding dealers who have submitted proposals determined to be reasonably susceptible of being selected for award. The evaluation panel may re-evaluate the proposals and revise proposal scores after these discussions and/or interviews. The Plumas County Probation Department shall then make the final selection, subject to the approval of the Plumas County Board of Supervisors. The Plumas County Probation Department shall notify in writing all parties that submitted proposals of the award recommendation and the proposed award date.

The winning dealer will be required to execute a contract on the Plumas County standard form contract.

A copy of the contract is available on request from the Plumas County Probation Department.

All price quotations/proposals become the property of the County of Plumas upon submittal. You are advised that price quotations/proposals submitted by dealers may be subject to public record laws and may be available for disclosure upon request.

Any questions must be submitted in writing by email, fax or in person by 1:00 PM on June 23,2023.

Protests and Appeals

Any directly affected party who is aggrieved in connection with the solicitation or award of a purchase order or contract issued through a formal sealed proposal procedure may protest the procurement action taken. Such protests must be filed in writing with:

County of Plumas

Purchasing Agent

520 Main Street, Room 309

Quincy, CA 95971

Protests must be filed in writing within five (5) working days from the time of the occurrence generating the protest. Protests received after this time will not be considered. Any protest shall include the following information:

1. The date and action taken resulting in a protest, and
2. Identify the material issue, including a detailed explanation of the basis for the protest, and the remedy sought.

Upon receipt of protest, the Purchasing Agent will convene, at the earliest possible convenience, discussions between the protesting party and appropriate County staff to seek informal resolution and/or to clarify the issues. If the protest is not resolved by mutual agreement, the Purchasing Agent shall provide a written response to the protesting party within fifteen (15) working days following the informal meeting. The response shall state the Purchasing Agent’s decision, the facts supporting the decision, and shall inform the protesting party of its right to appeal the decision to the Board of Supervisors.

Plumas County RFP for Probation

Date: 06/01/2023 Release of RFP

Date: 06/23/2023 Written questions from Offeror’s due 1:00 P.M.

Date:06/30/2023 RFP closing date

Date: 07/05/2023 Begin evaluation of proposals

Date: 07/11/2023 Recommendation of Award presented to Board of Supervisors for approval.

Date: 08/01/2023 Contract start date.

 -Please refer all questions to Mark Mah ([email protected]) or Miguel Herrera ([email protected])

-Submit proposals in person or by U.S. Mail to Plumas County Probation, Attn: Mark Mah, Probation Vehicle Price Quote, 270 County Hospital Rd, Suite 128 Quincy, CA 95971.

Approved as to form: Signed: Joshua Brechtel, Deputy County Counsel

Services Agreement

This Agreement is made by and between the COUNTY OF PLUMAS, a political subdivision of the State of California, by and through its [Name of Department] (hereinafter referred to as “County”), and ______, a [Form of Entity, e.g., “a California corporation” or “an individual”] (hereinafter referred to as “Contractor”).

The parties agree as follows:

1. Scope of Work. Contractor shall provide the County with services as set forth in Exhibit A, attached hereto.
2. Compensation. County shall pay Contractor for services provided to County pursuant to this Agreement in the manner set forth in Exhibit B, attached hereto. The total amount paid by County to Contractor under this Agreement shall not exceed __________ Dollars ($   ).
3. Term. The term of this agreement shall be from __________, 20_ through __________, 20_, unless terminated earlier as provided herein.
4. Termination. Either party may terminate this agreement by giving thirty (30) days written notice to the other party.
5. Non-Appropriation of Funds. It is mutually agreed that if, for the current fiscal year and/or any subsequent fiscal years covered under this Agreement, insufficient funds are appropriated to make the payments called for by this Agreement, this Agreement shall be of no further force or effect. In this event, the County shall have no liability to pay any further funds whatsoever to Contractor or furnish any other consideration under this Agreement and Contractor shall not be obligated to perform any further services under this Agreement. If funding for any fiscal year is reduced or deleted for the purposes of this program, the County shall have the option to either cancel this Agreement with no further liability incurring to the County, or offer an amendment to Contractor to reflect the reduced amount available to the program. The parties acknowledge and agree that the limitations set forth above are required by Article XVI, section 18 of the California Constitution. Contractor acknowledges and agrees that said Article XVI, section 18 of the California Constitution supersedes any conflicting law, rule, regulation or statute.
6. Warranty and Legal Compliance. The services provided under this Agreement are non-exclusive and shall be completed promptly and competently. Contractor shall guarantee all parts and labor for a period of one year following the expiration of the term of this Agreement unless otherwise specified in Exhibit A. Contractor agrees to comply with all applicable terms of state and federal laws and regulations, all applicable grant funding conditions, and all applicable terms of the Plumas County Code and the Plumas County Purchasing and Practice Policies.
7. Amendment. This Agreement may be amended at any time by mutual agreement of the parties, expressed in writing and duly executed by both parties. No alteration of the terms of this Agreement shall be valid or binding upon either party unless made in writing and duly executed by both parties.
8. Indemnification. To the furthest extent permitted by law (including without limitation California Civil Code Sections 2782 and 2782.8, if applicable), County shall not be liable for, and Contractor shall defend and indemnify County and its officers, agents, employees, and volunteers (collectively “County Parties”), against any and all claims, deductibles, self-insured retentions, demands, liability, judgments, awards, fines, mechanics’ liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorney’s fees and court costs (hereinafter collectively referred to as “Claims”), which arise out of or are in any way connected to the work covered by this Agreement arising either directly or indirectly from any act, error, omission or negligence of Contractor or its officers, employees, agents, contractors, licensees or servants, including, without limitation, Claims caused by the concurrent negligent act, error or omission, whether active or passive of County Parties. Contractor shall have no obligation, however, to defend or indemnify County Parties from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of County Parties. The obligations of this indemnity shall be for the full amount of all damage to County, including defense costs, and shall not be limited by any insurance limits.
9. Insurance. Contractor agrees to maintain the following insurance coverage throughout the term of this Agreement:

a. Commercial general liability (and professional liability, if applicable to the services provided) coverage, with minimum per occurrence limit of the greater of (i) the limit available on the policy, or (ii) one million dollars ($1,000,000).

b. Automobile liability coverage (including non-owned automobiles), with minimum bodily injury limit of the greater of (i) the limit available on the policy, or (ii) two hundred fifty thousand dollars ($250,000) per person and five hundred thousand dollars ($500,000) per accident, as well as a minimum property damage limit of the greater of (i) the limit available on the policy, or (ii) fifty thousand dollars ($50,000) per accident.

c. Each policy of commercial general liability (and professional liability, if applicable to the services provided) coverage and automobile liability coverage (including non-owned automobiles) shall meet the following requirements:

i. Each policy shall be endorsed to name the County, its officers, officials, employees, representatives and agents (collectively, for the purpose of this section 9, the “County”) as additional insureds. The Additional Insured endorsement shall be at least as broad as ISO Form Number CG 20380413; and

ii. All coverage available under such policy to Contractor, as the named insured, shall also be available and applicable to the County, as the additional insured; and

iii. All of Contractor’s available insurance proceeds in excess of the specified minimum limits shall be available to satisfy any and all claims of the County, including defense costs and damages; and

iv. Any insurance limitations are independent of and shall not limit the indemnification terms of this Agreement; and

v. Contractor’s policy shall be primary insurance as respects the County, its officers, officials, employees, representatives and agents, and any insurance or self-insurance maintained by the County, its officers, officials, employees, representatives and agents shall be in excess of the Contractor’s insurance and shall not contribute with it, and such policy shall contain any endorsements necessary to effectuate this provision. The primary and non-contributory endorsement shall be at least as broad as ISO Form 200104 13; and

vi. To the extent that Contractor carries any excess insurance policy applicable to the work performed under this Agreement, such excess insurance policy shall also apply on a primary and non-contributory basis for the benefit of the County before the County’s own primary insurance policy or self-insurance shall be called upon to protect it as a named insured, and such policy shall contain any endorsements necessary to effectuate this provision.

d. Workers Compensation insurance in accordance with California state law.

If requested by County in writing, Contractor shall furnish a certificate of insurance satisfactory to County as evidence that the insurance required above is being maintained. Said certificate of insurance shall include a provision stating that the insurers will not cancel the insurance coverage without thirty (30) days’ prior written notice to the County. County reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. Contractor shall require all subcontractors to comply with all indemnification and insurance requirements of this agreement, and Contractor shall verify subcontractor’s compliance.

10. Licenses and Permits. Contractor represents and warrants to County that it or its principals have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required for Contractor to practice its profession and to perform its duties and obligations under this Agreement. Contractor represents and warrants to County that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for Contractor or its principals to practice its professions and to perform its duties and obligations under this Agreement.
11. Relationship of Parties. It is understood that Contractor is not acting hereunder as an employee of the County, but solely as an independent contractor. Contractor, by virtue of this Agreement, has no authority to bind, or incur any obligation on behalf of, County. Except as expressly provided in this Agreement, Contractor has no authority or responsibility to exercise any rights or power vested in County. It is understood by both Contractor and County that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or joint venture.
12. Business-to-Business Relationship. Contractor represents and warrants that Contractor is an individual acting as a sole proprietor, or a business entity formed as a partnership, limited liability company, limited liability partnership, or corporation (“business service provider”) that customarily provides services of the same nature as the services provided for County under this Agreement. Contractor represents and warrants that Contractor advertises these services to and contracts with entities other than County. Contractor represents and warrants that Contractor maintains a separate business location and has all required business licenses and tax registration, if any, in order to perform services under this Agreement. Contractor shall have the right to set their own hours and location of work, consistent with the nature of the services provided under this Agreement. Contractor shall determine the method, means and manner of performance of, but not limited to, such matters as outlined in Exhibit “A” without restriction by County. County is interested only in the results to be achieved from Contractor’s performance of the services. Contractor shall provide their own resources and equipment and direct their operation in all respects when necessary to perform these services. Notwithstanding this Agreement, Contractor shall have the right to provide the same or similar services to entities other than the County without restriction. County shall have no authority, control, or liability regarding Contractor’s performance or activities before or after each instance that Contractor may perform under this Agreement. Contractor will at all times indemnify and hold County, and their respective agents, contractors and employees harmless from any and all claims, damages, liabilities and costs (including attorneys’ fees) arising out of any material breach by Contractor of any representation, warrant or agreement made by Contractor hereunder or arising out of Contractor’s services.
13.  Assignment . Contractor may not assign, subcontract, sublet, or transfer its interest in this Agreement without the prior written consent of the County.
14.  Non-discrimination. Contractor agrees not to discriminate in the provision of service under this Agreement on the basis of race, color, religion, marital status, national origin, ancestry, sex, sexual orientation, physical or mental handicap, age, or medical condition.
15. Choice of Law. The laws of the State of California shall govern this agreement.
16.  Interpretation. This agreement is the result of the joint efforts of both parties and their attorneys. The agreement and each of its provisions will be interpreted fairly, simply, and not strictly for or against either party.
17.  Integration. This Agreement constitutes the entire understanding between the parties respecting the subject matter contained herein and supersedes any and all prior oral or written agreements regarding such subject matter.
18. Severability. The invalidity of any provision of this Agreement, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof.
19. Headings. The headings and captions contained in this Agreement are for convenience only, and shall be of no force or effect in construing and interpreting the provisions of this Agreement.
20.  Waiver of Rights. No delay or failure of either party in exercising any right, and no partial or single exercise of any right, shall be deemed to constitute a waiver of that right or any other right.
21. Conflict of Interest. The parties to this Agreement have read and are aware of the provisions of Government Code section 1090 et seq. and section 87100 et seq. relating to conflicts of interest of public officers and employees. Contractor represents that it is unaware of any financial or economic interest of any public officer or employee of County relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement and is later discovered by the County, the County may immediately terminate this Agreement by giving written notice to Contractor.
22.  Notice Addresses. All notices under this Agreement shall be effective only if made in writing and delivered by personal service or by mail and addressed as follows. Either party may, by written notice to the other, change its own mailing address.

County:

[Name of Department]

County of Plumas

[Street address]

[City, state, zip]

Attention: [Name of contact person/official]

Contractor:

[Name]

[Street address]

[City, state, zip]

Attention: [Name of contact person/official]

23. Time of the Essence. Time is hereby expressly declared to be of the essence of this Agreement and of each and every provision thereof, and each such provision is hereby made and declared to be a material, necessary, and essential part of this Agreement.
24.  Contract Execution. Each individual executing this Agreement on behalf of Contractor represents that he or she is fully authorized to execute and deliver this Agreement.
25. Ukraine Sanctions. Pursuant to Executive Order N-6-22 Contractor is aware that as a compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-countryinformation/ukraine-russia-related-sanctions). Failure to comply may result in the termination of this agreement.
26. Suspension and Debarment. The County does not employ vendors or contractors who are listed on the National World Wide Web Site System for Award Management (sam.gov) by Federal General Services Administration (GSA) for the purpose of disseminating information on parties that are debarred from receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.C 6101, note, E.O. 12549, E.O. 12689,48 CFR 9.404, and each agency’s codification of the Common Rule for Non-procurement suspension and debarment.

a. This Contract is a covered transaction for purposes of 2 CF.R. pt. 180 and 2 CF.R. pt. 3000. As such, the Contractor is required to verify that none of the Contractor, its principals (defined at 2 CF.R. § 180.995), or its affiliates (defined at 2 CF.R. § 180.905) are excluded (defined at 2 CF.R.§ 180.940) or disqualified (defined at 2 CF.R. § 180.935).

b. The Contractor must comply with 2 CF.R. pt. 180, subpart C and 2 CF.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

c. This certification is a material representation of fact relied upon by the County. If it is later determined that the Contractor did not comply with 2 CF.R. pt. 180, subpart C and 2 CF.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

d. The bidder or proposer agrees to comply with the requirements of 2 CF.R. pt. 180, subpart C and 2 CF.R. pt. 3000, subpart C while this offer is valid and throughout the period of any Contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

27. Retention of Records. If the maximum compensation payable under section 2 of this Agreement exceeds $10,000, then, pursuant to California Government Code section 8546.7, the performance of any work under this Agreement is subject to the examination and audit of the State Auditor at the request of the County or as part of any audit of the County for a period of three years after final payment under the Agreement. Each party hereto shall retain all records relating to the performance and administration of this Agreement for three years after final payment hereunder, and Contractor agrees to provide such records either to the County or to the State Auditor upon the request of either the State Auditor or the County.

28. Conflicts. In the event of any conflict between the terms of this Agreement and the terms of any exhibit hereto, the terms of this Agreement shall control, and the conflicting term of the exhibit shall be given no effect. Any limitation of liability contained in an attached exhibit shall be null and void.

IN WITNESS WHEREOF, this Agreement has been executed as of the date set forth below.

CONTRACTOR:

[Name], a [type of Entity]

By: _________

Name:

Title:

Date signed:

By: _________

Name:

Title:

Date signed:

COUNTY:

County of Plumas, a political subdivision of the State of California

By: _________

Name:

Title:

Date signed:

APPROVED AS TO FORM:

Name:

Deputy County Counsel

(Note with respect to Contractor signatures: Individuals shall sign on their own behalf. A general partner must sign on behalf of any partnership.

IMPORTANT: With respect to corporations, we need you to follow one of the following two procedures:

(1) Under Corporations Code Section 313, we need two signatures, one from each of these two categories:

1. Chairman of the Board, the President or any Vice President; and
2. The Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer.

Unfortunately, President and VP are insufficient, as they are both from category 1. President and Secretary, though, would work, as would Vice President and CFO, as examples. Moreover, if one person holds offices in each of the two categories (e.g., “Joe Smith, VP and CFO”), then that person’s single signature would suffice.

(2) An alternative procedure would be to obtain from Contractor a copy of the resolution from its Board of Directors that states who at the company has authority to sign for different types of transactions, and then verify that the person executing this Agreement has authority to do so. For a larger corporation, this is the more likely procedure, and any well-run corporation will have this document ready to give to you upon request.]

EXHIBIT A

Scope of Work

EXHIBIT B

Fee Schedule