- Due Text
- Wednesday, August 26, 2026 3:00pm
- Posted At
- Wed, Jul 29, 2026 12:42 PM
- Documents
- Two-Axle_Dump_Truck.pdf, A - Specification 171-455, B - Draft Purchase Order
- Numeric Id
- 288079
- Description
- The County of Sacramento (“County") is soliciting bids for a contractor to deliver one (1) new and unused 2026 or newer fully equipped, thirty-three thousand (33,000) pound, five (5)-cubic yard, diesel-powered, two (2)-axle dump truck to the County in accordance with the specifications attached to this Request for Bids (RFB). This unit will be used by the County to perform construction and municipal maintenance.
ATTACHMENTS: The following documents are attached to this RFB:
Specification 171-455 (bidder to review)
Draft Purchase Order (bidder to review)
Bidders are advised to submit their questions in the Question/Answer section of this RFB.
Timeline
Release Project Date:
July 29, 2026
- Document Text
- 1. Definitions
Response: The written, signed and sealed complete document(s) submitted according to the bid 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 document, including all subsequent addenda, made publicly available to all prospective bidders.
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 bid 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 goods, equipment and/or services.
Bidder - A business entity submitting a Response to this bid. Suppliers which may express interest in this bid, but who do not submit a Response, have no obligations with respect to the bid requirements.
Contractor - The Bidder(s) whose Response to this bid 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 bid.
Contractor’s Employee - All persons who can be offered to provide the goods, equipment and/or services described in the bid. 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 bid 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 bidder, the offer will be considered exactly as specified. The determination of the Purchasing Agent as to what items are equal is final and conclusive.
Post Information
Posted At:
Wed, Jul 29, 2026 12:42 PM
Sealed Bid Process:
Yes (Bids Sealed / Pricing Sealed)
Private Bid:
No
2. Introduction
2.1. Summary
The County of Sacramento (“County") is soliciting bids for a contractor to deliver one (1) new and unused 2026 or newer fully equipped, thirty-three thousand (33,000) pound, five (5)-cubic yard, diesel-powered, two (2)-axle dump truck to the County in accordance with the specifications attached to this Request for Bids (RFB). This unit will be used by the County to perform construction and municipal maintenance.
ATTACHMENTS: The following documents are attached to this RFB:
Specification 171-455 (bidder to review)
Draft Purchase Order (bidder to review)
Bidders are advised to submit their questions in the Question/Answer section of this RFB.
2.2. Contact Information
Any inquiries or requests regarding this solicitation must be submitted via OpenGov. Contact with unauthorized County personnel during the selection process may result in disqualification.
Robert Bigney
Senior Contract Services Officer
9660 Ecology Lane
Sacramento, CA 95827
Email: bigneyr@saccounty.gov
Phone: (916) 876-6375
Department:
DGS: CAPSD - Procurement
Department Head:
Brandalyn Tramel
Purchasing Agent
2.3. Timeline
Release Project Date:
July 29, 2026
Question Submission Deadline:
August 14, 2026, 3:00pm
Addendum Issued (if necessary):
August 18, 2026, 3:00pm
Submission Deadline:
August 26, 2026, 3:00pm
Award Contract:
September 14, 2026
3. Bidder's Instructions
3.1. General Format
Respond to all requests for information and completion of forms contained in this Request for Bid. 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. Bidder is solely responsible for accuracy and completeness of bid response and for electronically separating and marking documents as confidential when submitting their response through SacCountyEbids. Responses considered incomplete may be rejected.
3.2. Alteration of Bid Text
The original text of this bid document, as well as any attachments, amendments or other official correspondence related to this bid document, may not be manually, electronically or otherwise altered by bidder or bidder’s agent(s). Any response containing altered, deleted, additional or otherwise non-original text will be disqualified.
3.3. Preparation of Response
All responses must be signed by an authorized officer or employee of the responder.
Responses must be submitted prior to the specified date and time, using the Sacramento County’s Electronic Bidding website (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.
Time of delivery must be stated as the number of calendar days following receipt of the order by the bidder to receipt of the goods or services by the County.
Time of delivery may be a consideration in the award.
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.
Shipping Terms: F.O.B. Destination, freight prepaid; Payment Terms: NET 30.
3.4. Confidential Information/Public Record
All responses become property of the County. All responses, including the accepted bid 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 bid are not considered proprietary information.
The County will treat all information submitted in a bid 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 bid, you must identify any such information, together with the legal basis of your claim in your bid, and present such information separately as part of your response.
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
Award will be made to the bidder whose offer provides the greatest value, in our view, to the County from the standpoint of suitability to purpose, quality, service, previous experience, life cycle, cost, ability to deliver, or for other reasons deemed by Purchasing to be in the best interest of the County.
Public Bid Opening: As soon as possible after the date and time specified by the Request for Bid, pricing information will made public to all bidders. The responses will remain sealed during the bid evaluation period, and will be made available for public inspection upon notice of bid award.
This bid award will be determined by lowest responsive and responsible bidder. Bid responses will be considered valid for a period of 120 calendar days after bid closing date above.
Consideration will be given to the engine emissions, product warranty, service and parts support available in the Sacramento area, the number of satisfied users in this area, delivery dates and bidders past performance. The COUNTY may also consider the following as part of its evaluation of bid responses:
DOCUMENT REVIEW: The bidder will provide, for the County’s review, at the County’s request, prior to bid award, copies of shop and service manuals for the equipment that was bid. Incomplete shop or service information may be cause for rejecting a bid.
DEMONSTRATION: At the request of the County the bidder may be required to provide a demonstration of the product bid. At the request of the County, failure to provide a demonstration as soon as reasonably possible but not to exceed thirty (30) days from the time of the request or failure of the product to perform satisfactorily during the demonstration may be grounds for bid rejection.
Note: All specifications, terms and conditions of this request will apply to any resulting order.
5. Project Details
5.1. Important Instructions for Electronic Submittal
The County is accepting electronic bid submissions. Bidders shall create a FREE account with OpenGov Procurement by signing up at Sign Up (opengov.com). Once you have completed account registration, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic bid.
5.2. Specifications
See attached Specification 171-455.
6. Vendor Submissions
1. Bid Requirements*
Did you read through and confirm that you met all of the bid requirements?
Yes
No
*Response required
2. Please confirm that your company will accept the County's contract terms and conditions.
Please confirm
3. 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):
Page #
Section#/Title
Exception Description
*Response required
4. 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.
5. Additional Information (Optional)
Upload any additional or supporting bid documents and information here.
6. Contractor Certification of Compliance, part 1*
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); or
(b) the CONTRACTOR has no Principal Owners (25% or more) (exempt); 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.
*Response required
7. Contractor Certification of Compliance, part 2*
New CONTRACTOR shall certify that each of the following statements is true:
CONTRACTOR has fully complied with all applicable state and federal reporting requirements relating to employment reporting for its employees; and
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.
Please confirm
*Response required
8. 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:
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).
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.
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.
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.
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.
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
9. Information Security Requirements*
These requirements are applicable to all diagnostic software offered in your bid response. All software offered are subject to an assessment by the County's Information Security Office (ISO) prior to award of a purchase order. The ISO may request additional information from the bidder to complete its assessment. Please download the below document, complete, and upload.
Information_Security_Requirements.docx
*Response required
10. CARB Certification*
CARB certification is required for all engines included in bid submissions. California Air Resources Board (CARB) engine executive order(s) shall be included with engines offered within the bid response. A bid response that does not include this document for standard and optional engines will be rejected. Upload CARB certification/engine executive orders/CARB reduced emissions certificate here.
*Response required
11. Bidder's Basic Data Sheet*
Please download the below document, complete, and upload.
RFB0082_Bidders_Basic_Data_Sheet.docx
*Response required
12. Users List*
Provide names, phone numbers, and e-mail addresses of bidder's customers in the Sacramento area who have used or are using the product offered in your bid response.
The list should include customers who have received the same or a substantially similar type of dump truck as described in this solicitation. References from other large purchases that do not involve dump trucks may not meet the reference requirement.
This list may be used as a reference list by the County and consideration will be given to the number of users in this area.
*Response required
13. Warranty*
Will the warranty that will be furnished for this unit meet or exceed the minimum warranty requirements described in section 23. WARRANTY AND OTHER REQUIREMENTS? Please describe the warranty that will be furnished.
*Response required
14. Warranty & Product Support*
Provide a list of vendors with addresses in the Sacramento area who provide warranty and service work and parts for the product offered in your bid response.
*Response required
15. Delivery Lead Time*
State the number of calendar days from the receipt of the purchase order by the bidder to receipt of the dump truck by the County.
*Response required
16. Provisions for Multi-Year Pricing*
Bidder has read and acknowledges the Provisions for Multi-Year Pricing in section 36 of the Specification.
Please confirm
*Response required
17. Procurement Opportunities Program - Local and Micro Business Preference
PURPOSE
The purpose of the Procurement Opportunities Program is to promote and enhance the utilization of local and small business enterprises in the County’s procurement and contracting processes. Small businesses contribute to the overall economic health of the community. Therefore, government has a compelling interest to provide economic opportunity to small businesses. The economic health of the community is dependent upon an active and thriving business community, including both large and small businesses. For this reason, the program is designed to provide procedural assistance and contracting information to any firm wishing to do business with the County. This program is not, however, intended to become a separate activity within the County’s procurement and contracting process. It is intended to be an integral part of the County’s standard procurement and contracting process.
INCENTIVES
Service and supply acquisition: For material, supply, construction and/or non-professional service contracts of less than $1,000,000 processed through the Department of General Services, Contract and Purchasing Services Division, or through the Delegated Purchase Order (DPO) Program. The County of Sacramento will award a two-percent (2%) price or point micro-business preference to State Certified Micro-Business enterprises located within the Sacramento Regional Market Area (Sacramento, El Dorado, Placer, Sutter, Yolo and Yuba Counties), and/or a five-percent (5%) price or point local business preference.
The Delegated Purchase Order program (a delegated purchasing program utilized by department “DPO Buyers”) includes a provision requiring the departments to obtain multiple quotes based on the dollar amount of the purchase. This program will eliminate the quoting requirement if the DPO Buyer issues a DPO to a certified micro-business in the Sacramento Regional Market Area. When obtaining multiple quotes, the DPO Buyer shall apply all applicable preferences stipulated in this program.
LOCAL BUSINESS PREFERENCE QUALIFICATIONS
Pursuant to Sections 2.56.420 and 2.56.440 of the Sacramento County Code, where applicable, a local price or point preference credit of 5% shall be granted to Local Business Enterprises on supply and non-professional service contracts of less than one million dollars ($1,000,000) to business enterprises located within Sacramento County when evaluating bids for material, supply, construction, and/or non-professional services acquisitions processed through the Department of General Services, Contract and Purchasing Services Division or through the Delegated Purchase Order Program. In order to qualify for local preference, a vendor must meet all of the following criteria (as defined in SCC 2.56.420):
The business maintains its Principal Place of Business within the geographic boundaries of the County of Sacramento.
Suppliers and professional truck drivers are not required to maintain their principal place of business within the County, but must maintain a Fixed Office within the County. Suppliers must also maintain a continuously stocked inventory within the County consistent with the type of goods for which the business is seeking a local preference. Professional truck drivers must also park their registered vehicles and trailers within the County when not under contract for use. The business may be required to submit to the County a copy of its rental or lease agreement evidencing its Fixed Office location.
The business must provide 50 percent or more of the contracted product from its own local inventory.
The business must possess a current County of Sacramento business license or a business license from a city within the County. If the business’s Fixed Office is located in a city that does not issue business licenses, the business must be current with the city’s business operations taxes or other business regulations.
The business has been established and conducting business activities in the County for at least six months preceding the due date of the bid/proposal for which a local preference is being sought. The business may be required to submit to the County evidence of its business activities within the Sacramento area during the preceding six months.
The business must have paid sales tax to either a city located within the County or to the County of Sacramento. The business may be required to submit to the County copies of its State of California Board of Equalization sales and use tax returns.
This preference shall also be provided to Sacramento Regional Market Area businesses that meet the criteria of a Local Business Enterprise for the county in which they are located, provided that:
Those criteria are at least as stringent as section 2.56.420(d); and
The county in which such businesses are located also provides pricing preferences to businesses located within Sacramento County.
Bidders claiming local vendor preference for any Request for Bid, Price Quote, or Request for Proposal must submit an Affidavit of Eligibility (see page 3) with their bid, quote or proposal response, unless an approved affidavit is already on file.
For questions or assistance relating to the County of Sacramento’s Local Vendor Preference Policy, call the Contract & Purchasing Services Division at 916-876-6360 or visit our website at www.saccountybids.net.
Complete information regarding this program is located on the following website:
http://www.dgs.saccounty.net/capsd/Pages/County-Purchasing-Code.aspx#2.56.410
MICRO-BUSINESS PREFERENCE QUALIFICATIONS
Most County contracts are open to competitive bidding. It is the policy of the County to actively solicit participation by small business enterprises in its procurement and contracting activities. In order for the County to readily find small businesses to solicit, businesses should (1) be certified with the State of California, Office of Small Business and DVBE Services, or reciprocal agency, and (2) register with the State of California, Department of General Services.
The County will accept certifications from the State of California, Office of Small Business and DVBE Services, or reciprocating governmental agencies. The County will accept formal certifications from other agencies within the State of California for documentation purposes. For a firm to be eligible for a two-percent (2%) price preference, it must meet all of the following criteria (as defined in SCC 2.56.420):
formally certified micro-business,
independently owned and operated,
is not dominant in its field of operation,
has its Principal Place of Business located in the Sacramento Regional Market Area,
together with its affiliates, is either a service, construction, or non-manufacturing firm with twenty-five (25) or fewer employees, and
an average annual gross receipts of five million dollars ($5,000,000) or less over the previous three years.
COMPLETE THIS SECTION IF YOU QUALIFY FOR AND WISH TO CLAIM A 5% LOCAL VENDOR PREFERENCE AND/OR A 2% MICRO-BUSINESS PREFERENCE (REFER TO PREVIOUS INFORMATION FOR QUALIFICATION REQUIREMENTS).
To claim the local vendor preference (5%), complete the items in sections 18 and 19 below. To claim the micro-business preference, complete the items in sections 18 and 20 below. To claim both preferences (7% combined), complete all sections 18 - 20. Incomplete forms may be rejected.
17.1. Does your company qualify for the Local Business Preference, and/or the Micro-Business Preference?*
Select "Yes" if your company meets either of the local/micro business preference qualifications above.
If you selected "No" then the remaining questions do not require a response EXCEPT for the two (2) confirmations "Under penalty of perjury, the undersigned states that the foregoing statements are true and correct..."
Yes
No
*Response required
17.2. Legal name of Business and Physical Address (Also Include Mailing Address if different).
Enter the following information here:
Legal name of business
Physical street address, city, state & zip code
Mailing address (only if different from physical address)
17.3. County and Year Business was Established
County established:
Year established:
Business license number:
Business license issued by:
17.4. 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:
Office Location: street address, city, state, zip code
17.5. For transactions which require sales tax, provide the Reseller Permit Number.
Please enter the following information exactly as it appears on your permit:
Permit number
Company name
Street address, city, state, zip code
18. Procurement Opportunities Program - Local Business Preference Questionnaire
18.1. Is your Principal Place of Business located within the geographic boundaries of the County of Sacramento?
Yes
No
18.2. Does your business provide 50 percent or more of the contracted product from its own local inventory?
Yes
No
18.3. Does your business possess a current County of Sacramento business license or a business from a city within the County?
Yes
No
18.4. Has your business been established and conducting business activities in the County for at least six months preceding the due date of the bid/proposal for which a local preference is being sought?
Yes
No
18.5. Has your business paid sales tax to either a City located within the County or to the County of Sacramento?
Yes
No
18.6. 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
*Response required
19. Procurement Opportunities Program - Micro-Business Preference Questionnaire
19.1. Is your business independently owned and operated?
Yes
No
19.2. Is your business not dominant in its field of operation?
Yes
No
19.3. Together with your affiliates, is your business either a service, construction, or non-manufacturing firm with twenty-five (25) or fewer employees?
Yes
No
19.4. 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
19.5. Provide the company's State of California Small Business Certification Number and expiration date.
19.6. 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
*Response required
7. Pricing Table
Table A - Base Price
Export This Table
Provide the unit base price for the dump truck described in this RFB, excluding options. Options shall be priced separately in Tables B and C. Price shall include standard tool kits; original operator's and safety manuals, layout book, and line set ticket copy; keys; delivery to Fleet Services Division, Heavy Equipment Shop, 4001 Branch Center Road, Sacramento, CA 95827; DMV documentation and training as described in Specification 171-455 attached to this RFB. Unit price shall exclude sales and federal excise tax. Applicable tax and California tire fee of $1.75 per tire will be added to the resulting purchase order.
Line Item
Description
Quantity
Unit of Measure
Unit Cost
Total
1
New and unused 2026 or newer fully equipped, thirty-three thousand (33,000) pound, five (5)-cubic yard, diesel-powered, two (2)-axle dump truck in accordance with Specification 171-455.
1
Each
Columns
Table B - Pricing for Options
Export This Table
Unit price shall include cost for standard tool kits; original operator's and safety manuals, layout book, and line set ticket copy; keys; delivery to Fleet Services Division, Heavy Equipment Shop, 4001 Branch Center Road, Sacramento, CA 95827; DMV documentation and training as described in Specification 171-455 attached to this RFB. Unit price shall exclude sales and federal excise tax. Applicable tax and California tire fee of $1.75 per tire will be added to the resulting purchase order. All materials offered shall be new and unused.
Line Item
Description
Quantity
Unit of Measure
Unit Cost
Total
No Bid
2
ZERO EMISSION OPTION per Specification, I. GENERAL section 5. If offering this option, provide details in the comment field and/or upload information to your bid response. Provide the total base unit price for a zero-emission dump truck offered in lieu of a diesel-powered dump truck.
1
Each
3
HYDROGEN FUEL CELL OPTION per Specification, I. GENERAL, section 5. If offering this option, provide details in the comment field and/or upload information to your bid response. Provide the total base unit price for a hydrogen fuel cell dump truck offered in lieu of a diesel-powered dump truck.
1
Each
4
ELECTRIC VEHICLE OPTION per Specification, I. GENERAL, section 5. If offering this option, provide details in the comment field and/or upload information to your bid response. Provide the total base unit price for a full electric vehicle chassis dump truck offered in lieu of a diesel-powered dump truck.
1
Each
Columns
Table C - Pricing for Options
Export This Table
Provide unit prices, excluding sales tax, for each option item listed below. A unit price is required for each line item. Applicable tax will be added to the resulting purchase order. Pricing and specifications shall be in accordance with Specification 171-455 attached to this RFB. All materials offered shall be new and unused. County reserves the right to purchase any quantity and/or combination of manuals when issuing the purchase order.
Line Item
Description
Quantity
Unit of Measure
Unit Cost
Total
Comments
5
SHOP REPAIR MANUAL SET OPTION per Specifications, I. GENERAL, section 24.f. In comment field, identify media format offered for Shop Repair Manual Set. Manuals in original paper format are preferred, if available. If manuals are not available at all, in any format, then list this as an exception in the Vendor Questionnaire. Identify in your bid response the series, part number, etc. of the manual(s) applicable for the vehicle/equipment proposed.
1
Each
6
PARTS MANUAL SET OPTION per Specifications, I. GENERAL, section 24.g. In comment field, identify media format offered for Parts Manual Set. Manuals in CD format are preferred, if available. If manuals are not available, at all, in any format, then list this as an exception in the Vendor Questionnaire. Identify in your bid response the series, part number, etc. of the manual(s) applicable for the vehicle/equipment proposed.
1
Each
7
DIAGNOSTIC SOFTWARE OPTION for chassis, engine, brakes, transmission or other operating systems per Specifications, I. GENERAL, section 24.h. Identify the systems (i.e. chassis, engine, brakes, transmission or other operating systems) in the comment field that diagnostic software is offered for. Complete the Information Security Requirements document in the Vendor Questionnaire. Upload any additional information.
1
Each
8
SINGLE DITCH GATE OPTION per Specification, O. OPTIONAL ITEMS, section 1.
1
Each
9
DOUBLE DITCH GATES OPTION per Specification, O. OPTIONAL ITEMS, section 2.
1
Each
10
TRIPLE DITCH GATES OPTION per Specification, O. OPTIONAL ITEMS, section 3.
1
Each
11
TRAFFIX DEVICES FAST-TRAK QUICK DISCONNECT SYSTEM OPTION per Specification, O. OPTIONAL ITEMS, section 4.
1
Each
Columns
8. Sacramento County Standard Terms and Conditions
A. BID/QUOTE/PROPOSAL TERMS AND CONDITIONS: All of the terms and conditions of the bid, quote, or proposal against which this agreement 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. INVOICING & PAYMENT: Upon timely submission of itemized invoices by vendor/contractor, payment shall be made per the terms of this agreement and for the prices stipulated for supplies delivered and/or services rendered after inspection and acceptance. Deductions, if any, may be made from payment as provided by this agreement. Payment on partial deliveries may be made whenever amounts due so warrant or when requested by the vendor/contractor and approved by the County. In connection with any cash (payment) discount specified in this agreement, time will be computed from the date of complete delivery of the supplies, equipment or services as specified, or from date correct invoices are received by County, whichever is later. 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. HOLD HARMLESS: The vendor/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.
E. DEFAULT BY VENDOR/CONTRACTOR: In case of default by vendor/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 vendor/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.
F. RIGHT TO AUDIT: The County of Sacramento reserves the right to verify, by examination of vendor/contractor’s records, all invoiced amounts when firm prices are not set forth in the purchase agreement.
G. ASSIGNMENT: This contract or purchase order is not assignable by vendor/contractor either in whole or in part, without the prior written approval of the County.
H. SUCCESSORS: This agreement shall be binding upon to the benefit of the successors and assigns of the respective parties hereto.
I. F.E.T. EXEMPTION: County is exempt from Federal excise tax pursuant to Internal Revenue Code 26 U.S.C. §4221(a)(4).
J. 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.
K. TITLE/RISK OF LOSS: Title, ownership, and risk of loss or damage of the Goods shall be in accordance with Delivery/FOB Terms on Page 1 of the contract. The Goods are delivered to, inspected and accepted by County, except when such loss or damage is due to the fault or negligence of County.
L. ALL UNDERSTANDINGS IN WRITING: It is mutually understood and agreed that no alteration or variation of price, quantity, supplies and/or services, and any terms of this contract shall be valid unless made in writing and signed by the parties hereto, and that no oral understandings or agreements shall be binding.
M. FORCE MAJEURE: The parties will not be held liable for delays or failure in fulfillment of conditions of purchase order or contract resulting from events beyond the reasonable control of such parties. Such events include, but are not be limited to strikes, riots, acts of war, epidemics, acts of government, fire, power failures, nuclear events, earthquakes, acts of terrorism, severe weather events and other disasters.
N.VENDOR/CONTRACTOR TERMS AND CONDITIONS: County’s standard terms and conditions shall govern any contract awarded. If, after award of contract, vendor/contractor provides additional terms or conditions, and there is a conflict between the terms and conditions of the parties, County’s terms and conditions shall govern.
O. INFORMATION TECHNOLOGY ASSURANCES: Vendor/contractor shall take all reasonable precautions to ensure that any hardware, software, and/or embedded chip devices used by vendor/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.
P.COMPLIANCE WITH FAMILY SUPPORT ORDERS: Vendor/contractor hereby certifies that it's principal owner(s) is in substantial compliance with Sacramento County's DCSS Program, federal and state laws regarding lawfully served orders for child, family and spousal support, including wage reporting and assignment of wages. (Failure to comply with such orders and cure the default within 90 days of notice by the County shall be grounds for termination of the contract or purchase order.
Q. COMPLIANCE WITH ALL LAWS, LICENSES AND PERMITS: In the performance of their duties, Vendor/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. Vendor/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.
R. FOREIGN CURRENCY: In the event vendor invoices submitted to the County of Sacramento is received in foreign currency, vendor
understands and agrees the County of Sacramento will pay in US Dollars via wire, ACH, or check payment method. The County of
Sacramento's payment of US Dollars will be calculated using the currency exchange rate on the invoice date, regardless of date paid, or received by vendor. The County of Sacramento calculates US Dollars based on the exchange rate on such invoice date provided by the Oanda currency converter site: http://www1.oanda.com/lang/en/currency/converter/.
9. Additional Terms and Conditions
9.1. 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:
The County of Sacramento reserves the right to:
award responses received on the basis of individual items, or groups of items, or on the entire list of items;
reject any or all responses, or any part thereof;
waive any informality in the responses; and
accept the response that is in the best interest of the County. The Purchasing Agent's decision shall be final.
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).
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:
Include any sales, use, or federal excise taxes in your response as separate line item(s).
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.
Items purchased for resale will show the County's resale permit number on the purchase order.
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.
Termination:
County may terminate any resulting 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 (A).
County may terminate any resulting contract for cause immediately upon giving written notice to contractor, should contractor materially fail to perform any of the covenants contained in resulting contract 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.
County may terminate or amend any resulting contract immediately upon giving written notice to contractor, 1) if advised that funds are not available from external sources for resulting 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 resulting 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 resulting contract or any portion thereof; or 4) if funds that were previously appropriated for resulting contract are reduced, eliminated, and/or re-allocated by County as a result of mid-year budget reductions.
If any resulting contract 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 resulting contract as the services actually performed bear to the total services of contractor covered by resulting 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 resulting contract total based on the portion of the resulting contract term that has elapsed on the effective date of the termination.
Contractor shall not incur any expenses under any resulting contract 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 is partnered with U.S. Bank for a new Virtual Card Program. This payment method allows us to electronically initiate a single-use Virtual Card payment to you once we receive goods or services and process your invoices. Program enrollment ensures the fastest turnaround to payment for County suppliers.
There is no change in how you invoice the County. To enroll in this new payment arrangement, please email cpsvendorenrollment@usbank.com to sign up or complete the form via the link below .
LINK FOR ENROLLMENT: Virtual Credit Card Payments Enrollment Form | U.S. Ba
We look forward to your participation. If you have any further questions regarding this program, please email us at EPayables@saccounty.gov or call us at 916-874-7411.
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:
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 where Notice is sent pursuant to resulting contract.
Web Accessibility: CONTRACTOR shall ensure that all web sites and web applications provided by CONTRACTOR pursuant to this Contract shall comply with the County of Sacramento’s Web Accessibility Policy.
9.2. Indemnification (goods)
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 resulting contract, 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.
10. Insurance Requirements for Contractors
Minimum Insurance Requirements
I. INSURANCE
Without limiting CONTRACTOR’s indemnification, CONTRACTOR shall procure and maintain for the duration of the Contract, insurance against claims for injury to persons or damage to property which may arise from or is in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its employees, agents, representatives, subcontractors, or any other party for which CONTRACTOR is legally liable.
The County Risk Manager may approve self-insurance programs in lieu of required policies of insurance if, in the opinion of the Risk Manager, the interests of COUNTY and the public are adequately protected.
II.MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if CONTRACTOR has no owned autos, covering hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
Personal Lines automobile insurance shall apply if vehicles are individually owned with limits of no less than $250,000 per person, $500,000 each accident, $100,000 property damage.
3. Workers’ Compensation: Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions): Not used.
5. Abuse or Molestation: Not used.
6. Cyber Liability: Not used.
7. Technology Professional Liability Errors & Omissions: Technology Professional Liability Errors & Omissions: Insurance appropriate to CONTRACTOR’s profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by CONTRACTOR in this Contract and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the COUNTY in the care, custody, or control of the CONTRACTOR. .
If the CONTRACTOR maintains broader coverage and/or higher limits than the minimums shown above, the COUNTY requires and shall be entitled to the broader coverage and/or the higher limits maintained by the CONTRACTOR.
III. INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, as applicable, the following provisions:
1. Additional Insured Status: The COUNTY, its Board of Supervisors, and all COUNTY officers, officials, employees, volunteers, and agents (“Additional Insureds”) are to be covered as additional insureds on the general and auto liability policies with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement on the CONTRACTOR’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
2. Primary Coverage: For any claims related to this Contract, the CONTRACTOR’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds shall be excess of the CONTRACTOR’s insurance and shall not contribute with it. This also applies to any CONTRACTOR Excess or Umbrella liability policies.
3. Umbrella or Excess Policy: The CONTRACTOR may use Umbrella or Excess Policies to provide the liability limits as required in this Contract. This form of insurance will be acceptable if the Primary and Umbrella or Excess Policies provide all the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the CONTRACTOR’s primary and excess liability policies are exhausted.
4. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled without notice to the COUNTY.
5. Waiver of Subrogation: CONTRACTOR hereby grants to COUNTY a waiver of any right to subrogation which any insurer of CONTRACTOR may acquire against the COUNTY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the COUNTY has received a waiver of subrogation endorsement from the insurer.
6. Self-Insured Retentions: Self-insured retentions (“SIR”s) must be declared to and approved by the COUNTY in writing. The COUNTY may require the CONTRACTOR to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or COUNTY. Any and all deductibles and SIRs shall be the sole responsibility of CONTRACTOR or subcontractor who procured such insurance and shall not apply to the Additional Insureds. The COUNTY may deduct from any amounts otherwise due CONTRACTOR to fund the SIR/deductible. Policies shall not contain any SIR provision that limits the satisfaction of the SIR to the CONTRACTOR. The policy must also provide that defense costs, including the allocated loss adjustment expenses, will satisfy the SIR or deductible. The COUNTY reserves the right to obtain a copy of any policies and endorsements for verification.
7. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A-VII. Lower rated, or approved but not admitted insurers, or any other requirement changes (such as limits) are subject to the prior approval of the County Risk Manager.
8. Claims Made Policies: If any of the required policies provide claims-made coverage (1) the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work, (2) insurance must be maintained, and evidence of insurance must be provided for at least three (3) years after completion of the contract of work, and (3) if coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the CONTRACTOR must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.
9. Verification of Coverage: CONTRACTOR shall furnish the COUNTY with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this Exhibit. All certificates and endorsements and copies of the Declarations and Endorsements pages are to be received and approved by the COUNTY before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The COUNTY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Any failure, actual or alleged, on the part of the COUNTY to monitor or enforce compliance with any of the insurance requirements is not deemed a waiver of any rights on the part of the COUNTY.
10. Severability of Interest: The CONTRACTOR 's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
11. Subcontractors: If CONTRACTOR uses subcontractors or others to perform work under this Contract, such subcontractors or other persons shall be Named Insured or Additional Insured to the CONTRACTOR’s required insurance coverage or required by the CONTRACTOR to comply with equivalent insurance and conditions of this section.
12. Maintenance Of Insurance Coverage: CONTRACTOR shall provide COUNTY with evidence of each policy's renewal ten (10) days in advance of its anniversary date. CONTRACTOR is required by this Contract to immediately notify COUNTY if they receive a communication from their insurance carrier or agent that any required insurance is to be canceled, non-renewed, reduced in scope or limits or otherwise materially changed. CONTRACTOR shall provide evidence that such insurance has been replaced, or its cancellation notice is withdrawn, without any interruption in coverage, scope or limits. No cancellation provisions in the insurance policy shall be construed in derogation of the continuing duty of CONTRACTOR to furnish insurance during the term of this Contract. Failure to maintain required insurance in force shall be considered a material breach of the Contract .
13. Special Risks or Circumstances: COUNTY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
11. Security Supplemental Terms and Conditions
11.1. DEFINITIONS
a. Application Programming Interface (API): A set of functions and procedures allowing the creation of applications that access the features or data of an operating system, application, or other service.
b. CONTRACTOR: The contractor and its employees, subcontractors, agents and affiliates who are providing the services agreed to under this Agreement.
c. COUNTY Data: All data created or in any way originating with the COUNTY, and all data that is the output of computer processing or other electronic manipulation of any data that was created by or in any way originated with the COUNTY, whether such data or output is stored on the COUNTY’s hardware, the CONTRACTOR’s hardware, hardware owned by subcontractors of the CONTRACTOR, or exists in any system owned, maintained or otherwise controlled by the COUNTY, the CONTRACTOR, or subcontractors of the CONTRACTOR.
d. Data Breach: The misappropriation of COUNTY Data in the custody of the CONTRACTOR or the compromise of the security, confidentiality or integrity of the COUNTY Data Processing System maintained by the CONTRACTOR.
e. Cloud Solution: The use of Software as a Service (SaaS), Platform as a Service (PaaS), Infrastructure as a Service (IaaS), and others storing, processing, and/or transmitting of COUNTY Data in environments outside the control of the COUNTY.
f. FedRAMP: Federal Risk and Authorization Management Program. Information about FedRAMP can be found at www.fedramp.gov.
g. Hybrid Solution: The use of both a Cloud Solution and On-Premise Solution.
h. Internet Protocol (IP) address: A numerical label assigned to each device connected to a computer network that uses the Internet Protocol for communication.
i. On-Premise Solution: The use of a solution that is installed and run on computers that are on the COUNTY’s premise.
j. StateRAMP: State Risk and Authorization Management Program. Information about StateRAMP can be found at www.stateramp.org.
k. COUNTY Contacts:
Role County of Sacramento Contact Contact Information
Approving Official / CISO Rami Zakaria Desk: (916) 874-7825
CIO@saccounty.gov
Reporting / Information Security Information Security Office (ISO)
Glen Herdrich
Desk: (916) 875-5274
herdrichg@saccounty.gov
Group: (916) 874-5171
iso@saccounty.gov
11.2. COMPLIANCE
a. Cloud Solution
1. The CONTRACTOR shall achieve FedRAMP or StateRAMP Ready Status for the Cloud Service being provided within 90 days of the Agreement execution. Upon issuance of this Agreement, the CONTRACTOR must achieve full FedRAMP or StateRAMP authorization for the applicable security control category within 12 months. The CONTRACTOR must comply with required continuous monitoring to maintain FedRAMP or StateRAMP authorizations.
2. The COUNTY reserves the right to request and review all Third Party Assessment Organization (3PAO) audits, risk assessments, vulnerability assessments, and penetration tests of the contractor’s environment. The CONTRACTOR must respond to all flaws discovered that could affect performance to FedRAMP or StateRAMP specifications. CONTRACTOR must provide a timeframe acceptable to the COUNTY to resolve the identified issue and/or implement a compensating control.
3. Any deviation from these requirements must be approved by the COUNTY Chief Information Security Officer or designee in writing.
b. On-Premises Solution
1. The CONTRACTOR shall ensure that applicable Information Systems the CONTRACTOR provides as a part of this agreement are capable of running the following security tools:
Security Tool Applicable Information Systems
Crowdstrike Falcon Servers, Workstations, Non-Hardened Appliance
Tanium Servers, Workstations, Non-Hardened Appliance
Splunk Universal forwarder or alternative log forwarder Servers, Workstations, Non-Hardened Appliance, Internet-of-Things (IoT)
2. The COUNTY reserves the right to conduct audits, risk assessments, vulnerability assessments, and penetration tests of the CONTRACTOR’s solution.
3. The CONTRACTOR must respond within 30 days to all Critical and Important flaws discovered that could affect the security of the solution.
4. CONTRACTOR must resolve the identified issue and/or implement a compensating control within 90 days.
5. Any deviation from these requirements must be approved by the COUNTY Chief Information Security Officer or designee in writing.
c. Hybrid Solution
The CONTRACTOR must comply with both Cloud Solution and On-Premises Solution requirements for corresponding system components.
11.3. NON-DISCLOSURE
The CONTRACTOR shall require commercially reasonable non-disclosure agreements with applicable employees and subcontractors, and limit COUNTY Data knowledge to that which is necessary to perform job duties involved in the performance of this Agreement.
11.4. DATA OWNERSHIP
a. The COUNTY solely and exclusively owns and retains all right, title and interest, whether express or implied, in and to any and all COUNTY data. CONTRACTOR neither has nor acquires, any right, title or interest, whether express or implied, in and to COUNTY data.
b. CONTRACTOR will only use COUNTY data for the purposes set forth in this Agreement. CONTRACTOR will only access COUNTY data as necessary for performance of this Agreement. CONTRACTOR will not access COUNTY user accounts except to respond to service or technical problems or at the COUNTY’s specific request.
c. All COUNTY data, including copies, summaries and derivative works thereof, must be remitted, in a mutually agreeable format and media, to the COUNTY by the CONTRACTOR upon request or upon completion, termination or cancellation of this Agreement. The foregoing sentence does not apply if the COUNTY Chief Information Security Officer or delegate authorizes in writing the CONTRACTOR to sanitize and/or destroy the data in a manner acceptable to the COUNTY and the CONTRACTOR certifies in writing the sanitization and/or destruction of the data.
d. Within 90 days following any remittance of COUNTY Data to the COUNTY, CONTRACTOR shall, unless otherwise instructed by the COUNTY in writing, sanitize and/or destroy any remaining data in a manner acceptable to the COUNTY, and certify in writing that the sanitization and/or destruction of the data has occurred. Any such remittance, sanitization or destruction will be at the CONTRACTOR’s sole cost and expense.
11.5. DATA LOCATION
The CONTRACTOR shall provide its services to the COUNTY solely from data centers in the United States (U.S.). Storage of COUNTY Data at rest shall be located solely in data centers in the U.S. The CONTRACTOR shall not allow its personnel or contractors to store COUNTY Data on portable devices, including but not limited to personal computers, except for devices that are used and kept only at its U.S. data centers and used for this Agreement. The CONTRACTOR shall permit its personnel and contractors to access COUNTY Data remotely only as required to provide technical support. The CONTRACTOR may provide technical user support on a 24/7 basis using a follow-the-sun model, unless otherwise prohibited in this Agreement.
11.6. NOTIFICATION OF LEGAL REQUESTS
a. The CONTRACTOR shall immediately notify COUNTY upon receipt of any subpoenas, service of process, litigation holds, discovery requests and other legal requests related to all data given to CONTRACTOR by COUNTY in the performance of this Agreement, and in no event later than 24 hours after it receives the request.
b. CONTRACTOR shall not respond to legal requests related to COUNTY without first notifying COUNTY other than to notify the requestor that the information sought is potentially covered under a non-disclosure agreement.
c. CONTRACTOR shall retain and preserve COUNTY Data in accordance with the COUNTY’s instruction and requests, including, without limitation, any retention schedules and/or litigation hold orders provided by the COUNTY to CONTRACTOR, independent of where the COUNTY Data is stored, at CONTRACTOR’S sole cost and expense.
11.7. SECURITY BREACHES
a. Upon becoming aware of a potential, suspected, or actual Data Breach involving COUNTY data, the CONTRACTOR shall without undue delay (and in no event later than 72 hours of becoming aware of such Data Breach) inform the COUNTY and provide written details of the Data Breach, including the type of data affected, the identity of affected person(s), the likely consequences of the Data Breach, any other information the COUNTY may reasonably request concerning the affected persons, and the measures taken or proposed to be taken to address it, as soon as such information becomes known or available to the CONTRACTOR.
b. The CONTRACTOR will promptly take reasonable steps to contain, investigate and mitigate any Data Breach. CONTRACTOR will provide timely information about the Data Breach including, but not limited to, the nature and consequences of the Data Breach; the measures taken and/or proposed by CONTRACTOR to mitigate or contain the Data Breach; the status of the CONTRACTOR investigation of the Data Breach; a contact point from which additional information may be obtained; and the categories and approximated number of data records concerned, if available.
c. CONTRACTOR’s communications with COUNTY in connection with a Data Breach shall not be construed as an acknowledgment by CONTRACTOR of any fault or liability with respect to the Data Breach.
d. The parties agree to coordinate in good faith on developing the content of any related public statements or any required notices for the affected persons and/or the relevant legal authorities, except as otherwise required by applicable law. In the event of a Personal Data Breach, the CONTRACTOR will provide timely information and cooperation as the COUNTY may require to fulfill COUNTY’S Data Breach reporting obligations under applicable law; take such measures and actions as are appropriate to remedy or mitigate the effects of the Data Breach; and shall keep COUNTY up-to-date about all developments in connection with the Data Breach.
e. CONTRACTOR shall perform all requirements in the above subsections (a)-(d) of this section at CONTRACTOR’S sole cost and expense.
11.8. ACCESS TO SECURITY LOGS AND REPORTS
The CONTRACTOR shall support logging in a format as agreed to by both CONTRACTOR and the COUNTY. Logging capabilities shall include latency statistics, user access, user access internet protocol (IP) address, application programming interface (API) calls for the COUNTY’s account including the source IP address of the API caller, the request parameters and the response elements returned, user access history and security logs for all COUNTY Data and digital content related to this Agreement. The logs shall be sufficient to enable the COUNTY to perform to the COUNTY’s satisfaction security analysis, resource change tracking and compliance auditing.
11.9. SUBCONTRACTOR DISCLOSURE
The CONTRACTOR shall identify in writing to COUNTY as soon as known by CONTRACTOR all of its strategic business partners related to services provided under this Agreement, including but not limited to all subcontractors or other entities or individuals who may be a party to a joint venture or similar agreement with the CONTRACTOR, and who shall be involved in any application development and/or operations.
11.10. RIGHT TO REMOVE INDIVIDUALS
The COUNTY shall have the right at any time to require that the CONTRACTOR remove from interaction with COUNTY any CONTRACTOR representative who the COUNTY believes is detrimental to its working relationship with the CONTRACTOR. The COUNTY shall provide the CONTRACTOR with notice of its determination, and the reasons it requests the removal. If the COUNTY signifies that a potential security violation exists with respect to the request, the CONTRACTOR shall immediately remove such individual. The CONTRACTOR shall not assign the person to any aspect of this Agreement or future work orders without the COUNTY’s consent.
11.11. TERMINATION AND SUSPENSION OF SERVICE
a. In the event of termination of this Agreement, the CONTRACTOR shall implement an orderly return of COUNTY Data in a mutually agreeable format at CONTRACTOR’s sole cost and expense. The CONTRACTOR shall guarantee the subsequent secure disposal of COUNTY Data.
b. During any period of suspension or contract negotiation or disputes, the CONTRACTOR shall not take any action to intentionally erase any COUNTY Data.
c. In the event of termination of any services or this Agreement in entirety, the CONTRACTOR shall not take any action to intentionally erase any COUNTY Data for a period of 90 days after the effective date of the termination. After such 90-day period, the CONTRACTOR shall have no obligation to maintain or provide any COUNTY Data and shall thereafter, unless legally prohibited, dispose of all COUNTY Data in its systems or otherwise in its possession or under its control at CONTRACTOR’S sole cost and expense. Within this 90- day timeframe, CONTRACTOR will continue to secure and back up COUNTY Data covered under this Agreement.
d. The COUNTY shall be entitled at no additional cost to COUNTY to any post-termination assistance generally made available with respect to the Services unless a unique data retrieval arrangement has been established as part of the Service Level Agreement.
e. When requested by the COUNTY, the provider shall at CONTRACTOR’S sole cost and expense destroy all requested data in all of its forms, for example: disk, CD/DVD, backup tape, and paper. Data shall be permanently deleted and shall not be recoverable, according to National Institute of Standards and Technology (NIST) approved methods. - Certificates of destruction shall be provided to the COUNTY at no additional cost to COUNTY.
11.12. CONTRACT AUDIT
The CONTRACTOR shall allow the COUNTY to audit conformance to the Agreement terms. The COUNTY may perform this audit or contract with a third party at its discretion and at the COUNTY’s expense.
12. Attachments
A - Specification 171-455
B - Draft Purchase Order
Sacramento CountyIssuing agency·Sacramento, CA·via a public procurement portal