Sample_Purchase_Order.pdf

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RFB NUMBER: 2023-RFB-0309

COMMODITY CODE: 2320

MATERIAL DESCRIPTION: 170 Series Dump Trucks

CONTRACTOR CONTACT INFORMATION:

VENDOR NAME:

VENDOR PHONE:

VENDOR E-MAIL:

VENDOR WEBSITE:

END-USER DEPARTMENT CONTACTS:

NAME, DEPARTMENT & TITLE: Ronald Wirth, DGS – Fleet Services, Fleet Advance Planning and Sustainability Manager

PHONE: 916-875-4783

E-MAIL: wirthr@saccounty.gov

REFERENCE NUMBER: RP33695353

ISSUING CONTRACT SERVICES OFFICER:

NAME & TITLE: Robert Bigney, Sr. Contract Services Officer

PHONE: 916-876-6375

E-MAIL: bigneyr@saccounty.gov

GOODS AND/OR SERVICES TO BE PROVIDED.

CONTRACTOR shall deliver three (3) new twenty-six thousand (26,000) pound maximum GVWR conventional trucks with 3-4 cubic yard dump bodies and with a low clearance of ninety (90") inches overall height in accordance with the requirements, specifications, terms and conditions of this purchase order and Request for Bids No. 2023-RFB-0309. Trucks shall be in accordance with Specification 170-346, 347 & 348. Request for Bids 2023-RFB-0309 is incorporated herein and made a part of this purchase order.

These GOODS are requested by County per the CONTRACTOR’s response to Request for Bids No. 2023-RFB-0309.

PRICING.

<to be completed at time of award>

DELIVERY.

CONTRACTOR shall deliver vehicle/equipment with standard tool kits and manuals to:

County of Sacramento Fleet Services Division – Heavy Equipment Shop

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4001 Branch Center Road Sacramento, CA 95827 Contact: Donald Lang at (916) 875-5407

DMV DOCUMENTATION.

CONTRACTOR shall be responsible for registering and titling the vehicle(s)/equipment with the California Department of Motor Vehicles as required by the County. Each unit will be delivered with a completed “EXEMPT” registration and license plates. A temporary registration or operating permit will be acceptable to facilitate delivery of the unit in cases where the registration has not yet been completed. DMV title and registration documents will reflect registered owner information as follows:

County of Sacramento 4001 Branch Center Road Sacramento, CA 95827

INVOICES.

Final invoices for the equipment and options should be itemized in a manner that corresponds and can be reconciled to the purchase order issued for the purchase of the equipment. CONTRACTOR shall deliver invoice(s) for vehicle(s)/equipment to the following address:

County of Sacramento Fleet Services Division 4001 Branch Center Road Sacramento, CA 95827 ATTN: Ronald Wirth

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. 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.

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.

TERMINATION.

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1. County may terminate this 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 (1).

2. County may terminate this 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 (1) above.

3. County may terminate or amend this 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.

4. If this Agreement is terminated under paragraph 1 or 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 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.

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

INDEMNIFICATION.

To the fullest extent permitted by law, CONTRACTOR shall indemnify, protect, defend, and hold harmless County, its officers, officials, agents, employees and volunteers from and against any

Revised: 7/13/22 Page 4 and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, resulting from, or related to, this Contract, and/or arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, except where such loss or damage was caused by the sole negligence, or willful misconduct of the County. The provisions of this section shall survive the completion, termination or suspension of this Contract.

REPORTS.

CONTRACTOR shall, without additional compensation therefor, make fiscal, program evaluation, progress, and such other reports as may be reasonably required by DIRECTOR 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 Agreement.

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

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 https://www.calrecycle.ca.gov/organics/slcp/ https://www.calrecycle.ca.gov/organics/slcp/

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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.