The issuance of an RFP does not constitute an agreement by the Commission that any contract will actually be entered into by the Commission, and the Commission shall not pay for costs incurred in the preparation or submission of proposals. All costs and expenses associated with the preparation of this proposal shall be borne by the proposer.
The Commission expressly reserves the right at any time to:
- Waive or correct any deviation, defect, or informality in any response, submittal, or submittal procedure. The Commission’s waiver of a deviation shall in no way modify the RFP requirements nor excuse the successful proposer from full compliance with any resultant agreement requirements or obligations.
- Reject any or all responses.
- Re-issue this RFP or change deadline dates.
- Modify all or any portion of the selection procedures, prior to the submission deadline, including deadlines for accepting responses, the specifications or requirements for any materials, equipment, or services to be provided under this RFP, or the requirements for contents or format of the responses.
- Award the agreement to the proposer or proposers that, in the Commission’s judgment, best serves the needs of the Commission.
All responses shall be deemed public records. In the event that a respondent desires to claim portions of its response exempt from disclosure, it is incumbent upon the respondent to clearly identify those portions with the word
"Confidential" printed on the lower right-hand corner of the page. The Commission will consider a respondent's request for exemption from disclosure; however, the Commission will make a decision based upon applicable laws. Assertions by a respondent that the entire submittal or large portions are exempt from disclosure will not be honored and the proposal may be rejected as non-responsive. All responses to this RFP shall become the property of the Commission and will be retained or disposed of accordingly.
The Commission will endeavor to restrict distribution of material designated as confidential to only those individuals involved in the review and analysis of the proposals. Proposers are cautioned that materials designated as confidential may nevertheless be subject to disclosure. Proposers are advised that the Commission does not wish to receive confidential or proprietary information and those proposers are not to supply such information except when it is absolutely necessary. If any information or materials in any proposal submitted are labeled confidential or proprietary, the proposal shall include the following clause:
"[Legal name of proposer] shall indemnify, defend, and hold harmless the Commission, the County of Sonoma, its officers, agents and employees from and against any request, action or proceeding of any nature and any damages or liability of any nature, specifically including attorneys' fees awarded under the California Public Records Act (Government Code sections 6250 et seq.) Arising out of, concerning or in any way involving any materials or information in this proposal that [legal name of proposer] has labeled as confidential, proprietary or otherwise not subject to disclosure as a public record."
The Commission shall not be liable for any pre-contractual expenses incurred by any respondent. The Commission shall be held harmless and free from any and all liability, claims, or expenses whatsoever incurred by, or on behalf of, any person or organization responding to this RFP.
All data and information furnished by Commission or referred to in this RFP are furnished for the respondent's convenience. The Commission does not guarantee that such data and information are accurate and assumes no responsibility whatsoever as to its accuracy or interpretation. Respondents shall satisfy themselves as to the accuracy or interpretation of all such information and data.
The Commission also reserves the right to negotiate any price or provisions and accept any part, or all parts of any or all responses, whichever is in the best interest of the Commission.
The Commission may, during the evaluation process, request from any respondent additional information which the Commission deems necessary to determine the respondent’s ability to perform the required services. If such information is requested, the respondent shall be permitted three (3) working days to submit this information.
All respondents submit their statements to the Commission with the understanding that the final approval of any agreement is contingent upon and subject to review and final approval by the Board of Commissioners.
Non-Liability of Commission
The Commission shall not be liable for any pre-contractual expenses incurred by the respondent or selected consultant or consultants. The Commission shall be held harmless and free from any and all liability, claims, or expenses whatsoever incurred by, or on behalf of, any person or organization responding to this RFP.
Any party responding to this RFP or a party representing a respondent shall not influence or attempt to influence any member of the selection committee, any member of the Board of Commissioners/Supervisors, or any employee of the Commission or the County of Sonoma, with regard to the acceptance of a response to this RFP. Any party attempting to influence the RFP process through ex-parte contact may be subject to rejection of their response.
Form of Agreement
The selected consultant will be expected to execute the Commission’s standard form of professional services agreement, a sample copy of which is attached. The consultant’s response must specify, in writing, any objections consultant has to the Commission’s standard form of agreement, and contain proposed alternatives to the standard language for consideration by the Commission. Matters not objected to by Consultant in its response will not be subject to later negotiation.
a) No agreement with the Commission shall have any effect until a contract has been signed by both parties.
b) A sample of the agreement is included as Attachment A hereto. Respondents must be willing to provide the required insurance and accept the terms of this sample agreement. With few exceptions, the terms of the Commission’s standard agreement will not be negotiated. Indemnification language will not be negotiated.
c) Responses shall include a statement that (i) the respondent has reviewed the sample agreement and will agree to the terms contained therein if selected, or (ii) all terms and conditions are acceptable to the respondent except as noted specifically in the response to this RFP. A respondent taking exception to the Commission’s sample agreement must also provide alternative language for those provisions considered objectionable to the respondent. Please note that any exceptions or changes requested to the agreement may constitute grounds to reject the response.
d) Failure to address exceptions to the sample agreement in the response will be construed as acceptance of all terms and conditions contained therein.
e) Submission of additional contract exceptions after the submission deadline may result in rejection of the consultant’s response.
Duration of Proposal; Cancellation of Awards; Time of the Essence
All proposals will remain in effect and shall be legally binding for at least ninety (90) days.
Unless otherwise authorized by Commission, the selected consultant will be required to execute an agreement with the Commission for the services requested within sixty (60) days of the Commission notice of intent to award. If agreement on terms and conditions acceptable to the Commission cannot be achieved within that timeframe, or if, after reasonable attempts to negotiate such terms and conditions, it appears that an agreement will not be possible, as determined at the sole discretion of the Commission, the Commission reserves the right to retract any notice of intent to award and proceed with awards to other consultants, or not award at all.
Withdrawal and Submission of Modified Proposal
A proposer may withdraw a proposal at any time prior to the submission deadline by submitting a written notification of withdrawal signed by the proposer or his/her authorized agent. Another proposal may be submitted prior to the deadline. A proposal may not be changed after the designated deadline for submission of proposals.
Any directly affected party who is aggrieved in connection with this award may file a protest regarding the action. Such protest must be filed in writing with:
Sonoma County Community Development Commission
Attn: Executive Director
1440 Guerneville Road
Santa Rosa, CA 95403
Protests must be filed within seven (7) calendar days from the date of the notice of intent to award. Failure to timely file a protest shall constitute a waiver of any right to protest. Untimely protests will not be accepted or considered. Any protest shall:
- State in detail each and every ground asserted for the protest, citing to the law, rule, local ordinance, procedure or bid provision on which the protest is based; and
- Identify the remedy sought.