Draft_Purchase_Order.pdf

Revised: 05/20/2026 Page 1

RFB NUMBER: 2026-RFB-0082

COMMODITY CODE: 2300

Material Description: Two-Axle Dump Truck

CONTRACTOR CONTACT INFORMATION:

VENDOR NAME:

VENDOR PHONE:

VENDOR E-MAIL:

VENDOR WEBSITE:

END-USER DEPARTMENT CONTACTS:

NAME, DEPARTMENT & TITLE:

PHONE:

E-MAIL:

REFERENCE NUMBER: RP33703253

ISSUING CONTRACT SERVICES OFFICER:

NAME & TITLE:

PHONE:

E-MAIL:

1. GOODS TO BE PROVIDED

XXXXXXXXXX, hereinafter referred to as "CONTRACTOR," shall deliver to the County of Sacramento, hereinafter referred to as "COUNTY," one (1) new 2026 or current model year fully equipped, thirty-three thousand (33,000) pound, five (5)-cubic yard, diesel-powered, two (2)-axle dump truck meeting the specifications, terms, conditions and requirements of Specification 171-455, Request for Bid 2026-RFB-0082 and this Purchase Order.

These Goods are requested by COUNTY per the CONTRACTOR's bid response opened on

XXXX XX, 2026.

The following documents are incorporated herein by reference and made a part of this Purchase Order:

A. Request for Bid 2026-RFB-0082;

B. CONTRACTOR's bid response.

2. DELIVERY TERMS

CONTRACTOR shall deliver the Goods and/or Services in accordance with the Delivery/FOB terms listed on the first page of this purchase order (Contract). Delivery is to be made by the delivery date(s) listed for each line item or agreed to otherwise between the CONTRACTOR and COUNTY requestor.

Revised: 05/20/2026 Page 2

3. REMEDIES

In the event of a material breach of this Contract by CONTRACTOR, COUNTY may avail itself of any and all remedies available at law or in equity, including, but not limited to, damages and/or equitable relief, in a court of competent jurisdiction.

4. TERMINATION

4.1 COUNTY may terminate this 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 (1).

4.2 County may terminate this Contract for cause after giving CONTRACTOR written notice of material breach of this Contract and thirty (30) days to cure in the 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 (1) above.

4.3 COUNTY may terminate or amend this Contract immediately upon giving written notice to CONTRACTOR, 1) if advised that funds are not available from external sources for this 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 this 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 this Contract or any portion thereof; or 4) if funds that were previously appropriated for this Contract are reduced, eliminated, and/or re-allocated by COUNTY as a result of mid-year budget reductions.

4.4 If this Contract is terminated under paragraph 4.1 or 4.3 above, CONTRACTOR shall only be paid for any services completed and provided prior to notice of termination. In the event of termination under paragraph 1 or 3 above, CONTRACTOR shall be paid an amount which bears the same ratio to the total compensation authorized by the Contract as the services actually performed bear to the total services of CONTRACTOR covered by this 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 Contract total based on the portion of the Contract term that has elapsed on the effective date of the termination.

Revised: 05/20/2026 Page 3

4.5 CONTRACTOR shall not incur any expenses under this Contract after notice of termination and shall cancel any outstanding expenses and obligations to a third party that CONTRACTOR can legally cancel.

5. INDEMNIFICATION

A. To the fullest extent permitted by law, for work or services provided under this Contract, CONSULTANT shall indemnify, defend, and hold harmless COUNTY, its Board of Supervisors, officers, directors, officials, employees, authorized volunteers, and agents (collectively “Indemnified Parties”), from and against any and all claims, demands, actions, losses, liabilities, damages, and costs incidental thereto (collectively “Claims”), including cost of defense, settlement, arbitration, expert fees, and reasonable attorneys' fees, arising out of or resulting from CONTRACTOR’s performance of this Contract regardless of whether caused in part by a party indemnified hereunder, except for loss caused by the sole negligence of an Indemnified Party.

B. The right to defense and indemnity under this section arises upon occurrence of an event giving rise to a claim and tendered in writing to CONTRACTOR. CONTRACTOR shall defend Indemnified Parties with counsel reasonably acceptable to COUNTY.

C. Notwithstanding the foregoing, the parties expressly agree that CONTRACTOR’s defense obligation under this indemnity obligation shall require CONTRACTOR to defend the Indemnified Parties until any of the following occur: (1) the judgment has become final by a Court of Competent Jurisdiction, (2) other mutually agreeable dispute resolution or settlement process establishing the proportionate percentage of fault of the parties under law.

D. To the extent permitted by law, this indemnity obligation shall not be limited by the types and amounts of insurance or self-insurance maintained by CONTRACTOR, CONTRACTOR’s sub-consultants or subcontractors, or any party used by CONTRACTOR in performance of this Contract.

E. The provisions of this indemnity obligation shall survive the expiration or termination of the Contract.

6. INSURANCE

Without limiting CONTRACTOR’s indemnification, CONTRACTOR shall maintain in force at all times during the term of this Contract and any extensions or modifications thereto, insurance as specified in Appendix G. It is the responsibility of CONTRACTOR to notify its insurance advisor or insurance carrier(s) regarding coverage, limits, forms and other insurance requirements specified in Appendix G. It is understood and agreed that COUNTY shall not pay any sum to CONTRACTOR under this Contract unless and until

Revised: 05/20/2026 Page 4

COUNTY is satisfied that all insurance required by this Contract is in force at the time services hereunder are rendered. Failure to maintain insurance as required in this Contract may be grounds for material breach of contract.

7. REPORTS

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.

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 issuing officer listed on page 1 of this Contract.

CONTRACTOR’s failure to comply with relevant SB 1383 regulations, effective January 1, 2022, to include reporting requirements in the provision of Recycled-Content Paper Products and/or Printing and Writing Paper and/or Recovered Organic Waste Material is a material breach of this Contract. CONTRACTOR shall be required to submit SB 1383 compliance reports to the COUNTY as directed. Reports must be submitted to: sb1383reports@saccounty.gov.

Information on SB1383 can be found here: California’s Short-Lived Climate Pollutant Reduction Strategy

8. ECONOMIC SANCTIONS

Pursuant to California State Executive Order N-6-22 (Order) imposing economic sanctions against Russia and declaring support of Ukraine, COUNTY shall terminate any contract with any individual or entity that is in violation of the Order or that is subject to economic sanctions therein, and shall not enter a contract with any such individual or entity while the Order is in effect.

If the Contract is $5 million or more, CONTRACTOR shall provide a written report to COUNTY within 60 days of the effective date of the Contract or 60 days upon request regarding compliance with economic sanctions and steps taken in response to Russia’s action in Ukraine, including but not limited to, desisting from making new investments in, or engaging in financial transactions with Russia or Russian entities, and directly providing support to Ukraine, while the Order is in effect. The COUNTY shall keep the report on file as evidence of compliance with the Order.

mailto:sb1383reports@saccounty.gov https://www.calrecycle.ca.gov/organics/slcp/ https://www.calrecycle.ca.gov/organics/slcp/

Revised: 05/20/2026 Page 5

9. WEB ACCESSIBILITY

CONTRACTOR shall ensure that all web content and mobile applications provided by CONTRACTOR pursuant to this Contract shall comply with the County of Sacramento’s Web Accessibility Policy.

10. COUNTERPARTS AND ELECTRONIC SIGNATURES

This Contract may be executed in several counterparts and shall be deemed one and the same Contract. Electronic and scanned signatures shall be deemed original signatures for all purposes, including proof of terms herein, and shall be binding on each party.

11. VEHICLE PURCHASES - CALIFORNIA AIR RESOURCES BOARD (CARB)

Vehicles purchased under this Contract must be in compliance with California Code of Regulations, title 13, ("13 CCR") Article 3.2. State and Local Government Agency Fleet Requirements.

Vehicles with a gross vehicle weight greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations, Advanced Clean Fleets Regulation & Advisories | California Air Resources Board. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, see CARB Advanced Clean Fleets.

https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets/advanced-clean-fleets-regulation-advisories https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets/advanced-clean-fleets-regulation-advisories https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets