RFQ - 2026 OR NEWER/UNUSED TOYOTA RAV 4 PLUG-IN HYBRID SE (RESERVED FOR LOCAL BUSINESSES)

County of San Diego Date Issued: September 24, 2026
REQUEST FOR QUOTATION
(this RFQ is a request for information, not an order)
RFQ Number: 13409 CONTRACTING OFFICER:
2026 or Newer/Unused Toyota Rav 4
RFQ TITLE: Yu-Kuang Hou, Procurement Specialist
Plug-in Hybrid SE
QUOTATIONS
September 30, 2026 5:00 PM Phone: (619) 964-0529
DUE:
QUESTIONS DUE: September 29, 2026 5:00 PM Email: Yukuang.Hou@sdcounty.ca.gov
SUBMITTING YOUR QUOTATION: AWARD: Will be based on:
Submit your response, including completed forms via BuyNet or EACH ITEM EACH LOT
via email to the contracting officer listed in this RFQ. TOTAL (ALL ITEMS)
DESCRIPTION
THE COUNTY OF SAN DIEGO IS SEEKING QUOTES FROM QUALIFIED FIRMS (OFFERORS) TO PROVIDE TWO
(2) 2026 OR NEWER/UNUSED TOYOTA RAV 4 PLUG-IN HYBRID SE IN ACCORDANCE WITH THE TERMS &
CONDITIONS CONTAINED WITHIN.
IN ACCORDANCE WITH BOARD OF SUPERVISORS (BOS) MINUTE ORDER (MO) 6, DATED JANUARY 28, 2025, THE
COUNTY RESERVES THIS RFQ FOR LOCAL BUSINESSES. THE REFERENCED BOS MO CAN BE FOUND HERE:
https://file.sandiegocounty.gov/COB/COBPublicView?FileId=39963834
FOR THE PURPOSES OF THIS RFQ, "LOCAL BUSINESS" MEANS A PARTNERSHIP, CORPORATION, JOINT VENTURE, OR
ANY OTHER ASSOCIATION FORMED TO CONDUCT BUSINESS, OR AN INDIVIDUAL, THAT: (I) MAINTAINS ITS
INTERNATIONAL OR DOMESTIC HEADQUARTERS WITHIN THE GEOGRAPHIC BOUNDARIES OF SAN DIEGO COUNTY;
OR (II) AT THE TIME THE COUNTY ISSUES THE SOLICITATION, PROVIDES OR SELLS FROM A LOCATION WITHIN THE
GEOGRAPHIC BOUNDARIES OF SAN DIEGO COUNTY THE SAME OR SIMILAR GOODS OR SERVICES TO BE PURCHASED
BY THE COUNTY. THE COUNTY'S DETERMINATION REGARDING WHETHER AN OFFEROR QUALIFIES AS A "LOCAL
BUSINESS" SHALL BE FINAL.
SEE THE STATEMENT OF WORK FOR A DETAILED DESCRIPTION OF THE COUNTY'S REQUIREMENTS.
THIS REQUEST FOR QUOTATION INCLUDES AN RFQ SUBMISSION CHECKLIST TO BE COMPLETED BY
OFFERORS.
SUBMITTALS WILL BE EVALUATED BASED UPON PRICE AND PERFORMANCE FACTORS INCLUDING THE
OFFEROR'S EXPERIENCE, QUALIFICATIONS, TECHNICAL APPROACH, AND ACCEPTANCE OF THE
COUNTY'S DRAFT AGREEMENT, PHYSICAL AVAILABILITY OF VEHICLE, VEHICLE SPECS, AND DELIVERY
LEAD TIME.

COUNTY OF SAN DIEGO
REQUEST FOR QUOTATION (RFQ) 13409 - 2026 OR NEWER/UNUSED TOYOTA RAV 4 PLUG-IN HYBRID
SE (RESERVED FOR LOCAL BUSINESSES)
SUBMISSION CHECKLIST
SUBMISSION CHECKLIST
Submit a completed and signed Offeror's Cover Page (PC600) form
* https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC600_dpc_Offerors_Cover_Page.pdf
Submit a completed and signed Representations and Certifications form (PC601)
* https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC601_dpc_Reps_and_Certs.pdf
Submit a completed and signed Small-Local Business Self-Certification Form (PC610)
* All Offerors are encouraged to complete this form to support County data collection.
* https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC610_dpc_Small_Local_Self_Cert.pdf
Submit a completed and signed Nondisclosure Indemnification Agreement (PC620) (if applicable).
* Required if submitting Confidential/Proprietary Information (see information in Terms and Conditions below)
* https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC620_dpc_Nondisclosure_Indemnity.pdf
Submit a completed Pricing Schedule.
* (Page 8)
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COUNTY OF SAN DIEGO
REQUEST FOR QUOTATION (RFQ) 13409 - 2026 OR NEWER/UNUSED TOYOTA RAV 4 PLUG-IN HYBRID
SE (RESERVED FOR LOCAL BUSINESSES)
TERMS AND CONDITIONS OF REQUEST FOR QUOTATION
RESPONSES: Your response is due through electronic upload to BuyNet on the specified close date and time, local San
Diego time. If Offeror is unable to submit via BuyNet for any reason, Offeror may submit by email or mail to the listed
Contracting Officer, or by personal delivery to the Purchasing and Contracting front desk. Please use these methods only if
unable to submit through BuyNet. If mailed or delivered, the above RFQ No. should be included on the front of the envelope.
It is the Offeror's responsibility to submit based on the most current RFQ, addenda thereto, responses to Questions, any
other information posted on BuyNet, and any diligence material made available by the County. Offerors are advised to
regularly check BuyNet for information. The County has no obligation to contact Offerors directly with any such RFQ-
related information.
* In order to see all information related to this RFQ, to submit Questions, and to receive notifications of updates,
Offerors must select "Participate in RFx" for this solicitation in BuyNet.
Forms required to be submitted with Offeror's Quotation are included in this RFQ or posted on the County's web site at
https://www.sandiegocounty.gov/content/sdc/purchasing/purchasing-forms.html. Posted forms may be updated from time
to time. Unless otherwise specified, Offerors may submit the version of a form in place as of the date of RFQ issuance or
any later version.
This is a request for information, and quotations furnished are not offers.
QUESTIONS: Please submit questions and requests for clarification related to definition or interpretation of this RFQ in
writing to the contracting officer before the Questions Due date/time listed in this RFQ. Those received after this date may
not be answered at the discretion of the County.
PRICING: The County may award a contract on the basis of initial quotations. Your price(s) should be the lowest possible
for the RFQ requirements. Omit Sales and Use Taxes unless otherwise specified.
The Estimated Quantities in the Pricing Schedule are provided solely for evaluation of quotations. They represent
approximate anticipated use based on historical consumption. If the County's actual requirements do not result in orders in
the quantities described as "estimated" in the Schedule, that fact shall not constitute the basis for price adjustment.
EVALUATION AND AWARD. Quotations are subject to acceptance at any time within 90 days after submission due
date/time, unless otherwise stipulated by the County. This RFQ is an informal negotiated procurement process. Lowest price
may not always be the sole criteria for award of an RFQ. The County reserves the right to waive a variation in specification
if, in the opinion of the County, such variation does not materially change the item or its performance within parameters
acceptable to the County. The County reserves the right to reject any or all quotations and to accept or reject any item(s)
thereon, or waive any informality in the quotation. The County reserves the right to perform a pre-award survey of the
offeror to determine capability to perform, including but not limited to facilities, financial responsibility, materials/supplies,
and past performance. The determination of the County as to an Offeror's prospective ability to perform the contract shall
be conclusive.
SAMPLES: Samples, at Offeror's expense, may be required for evaluation by the County. Delivery of sample must be
scheduled with contracting officer and provided within required timeline. The County shall have the right to review sample
and to determine if such sample is acceptable. The County's decision to award is contingent upon its acceptance of the
products provided in the sample. During the term of the award, the County must approve any substitutions from the initial
sample in writing in advance of substitution. In no event shall the supplier be permitted to increase prices on the basis of
substituted item(s).
Sample, if not destroyed by tests, will, upon request, be returned at Offeror's expense. Offeror must advise contracting
officer at time of sending sample that they must be returned, provide return address and Federal Express account number.
BRAND NAME OR EQUAL: If items called for in this Request for Quotation have been identified in the schedule by a
"brand name or equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the
quality and characteristics of products (including products of brand name manufacturer s other than the one described by
Page 3 of 9

COUNTY OF SAN DIEGO
REQUEST FOR QUOTATION (RFQ) 13409 - 2026 OR NEWER/UNUSED TOYOTA RAV 4 PLUG-IN HYBRID
SE (RESERVED FOR LOCAL BUSINESSES)
the brand name) to be considered for award if such products are determined by the County to meet fully the salient
characteristic requirements listed in the request.
Unless the offeror clearly indicates in the quotation that an "or equal" product is being offered, quotation shall be considered
as offering the brand name product specified.
If the offeror proposes to furnish an "equal" product, the brand name, if any, of the product to be furnished shall be inserted
in the space provided in the request for quotation, or such product shall be clearly identified in the quotation. The evaluation
of the quotation and the determination as to equality of the product offered shall be the responsibility of the County and will
be based upon the information furnished by the offeror, or identified in the quotation as well as other information reasonably
available to the purchasing activity. Caution to offerors: the purchasing activity is not responsible for locating or securing
any information which is not identified in the quotation and reasonably available to the purchasing activity. Accordingly,
to insure that sufficient information is available, the offeror must furnish, as part of the quotation, all descriptive material
(such as cuts, illustrations, drawings, or other information) necessary for the purchasing activity to (i) determine whether
the product offered meets the salient characteristic requirements of the request for quotation, and (ii) establish exactly what
the offeror proposes to furnish and what the County is binding itself to purchase by making an award. The information
furnished may include specific references to information previously furnished or to information otherwise available to the
purchasing activity.
If the offeror proposes to modify a product so as to make it conform to the requirements of the Request for Quotation, he
shall (i) include in the quotation a clear description of such modifications and (ii) clearly mark any description to show the
proposed modifications.
DUTY TO INQUIRE: Should the Offeror find discrepancies in or omissions from the RFQ, plans, specifications or other
documents, or should the Offeror be in doubt as to their meaning, the Offeror must at once notify the Buyer, in writing. If
the point in question is not clearly and fully set forth, a written addendum will be issued and emailed to Offerors.
CONFIDENTIAL/PROPRIETARY INFORMATION: If confidential/proprietary is contained within the submission:
1) It must be submitted in a separate file or document marked as EXHIBIT-CONFIDENTIAL/PROPRIETARY;
2) Responses to solicitation requirements that include the confidential/proprietary information, shall refer to the
response contained within the EXHIBIT-CONFIDENTIAL/PROPRIETARY (for example: If submittal
requirement #1 requires staff Social Security Numbers, the response to requirement #1 shall reflect "see response
#1 contained within Exhibit-Confidential/Proprietary"); and
3) It must include a signed Nondisclosure Indemnification Agreement (PC620).
NOTE: As a Public Agency, the County of San Diego must adhere to the California Public Records Act, therefore pricing
cannot be considered confidential/proprietary.
TERMS OF RESULTING CONTRACTS: Any purchase order(s) issued as a result of an RFQ will contain the County's
standard Purchase Order (PO) terms and conditions and any additional terms and conditions referenced in this RFQ. The
County's PO Terms and Conditions are available at:
https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/dpc_terms_and_conditions.pdf
Payment terms are NET 30, unless terms more favorable to the County are included in Offerors quotation. Note: qualified
Small-Local Businesses may be eligible for more advantageous payment terms including NET15, in accordance with Board
Policy B-53 Small-Local Business Policy (SLBP).
AVAILABILITY OF FUNDING: The County's obligation for payment of any contract beyond the current fiscal year end
is contingent upon the availability of funding from which payment can be made. No legal liability on the part of the County
shall arise for payment beyond June 30 of the calendar year unless funds are made available for such performance.
CALIFORNIA REVENUE AND TAXATION CODE SECTION 18662: In compliance with California Revenue and
Taxation code section 18662, if you are a non resident of California (out-of-state invoices) who receives California source
income, the County will pay California Use Tax directly to the State of California per permit no. SR FH 25-632384. Fifteen
(15) business days prior to the first payment, new suppliers or suppliers with expired forms or forms with incorrect
information, must submit new forms to the County (forms are available from the Franchise Tax Board website listed below).
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COUNTY OF SAN DIEGO
REQUEST FOR QUOTATION (RFQ) 13409 - 2026 OR NEWER/UNUSED TOYOTA RAV 4 PLUG-IN HYBRID
SE (RESERVED FOR LOCAL BUSINESSES)
Under certain circumstances you may be eligible for reduced or waived nonresident withholding. If you have already
received a waiver or a reduced withholding response from the State of California and the response is still valid, submit the
response to the County in lieu of the forms. Failure to submit the required forms will result in withholding of payments.
Refer to the Franchise Tax Board websites (listed below) for tax forms and information on nonresident withholding,
including waivers or reductions. The County will not give you any tax advice. It is recommended you speak with your tax
adviser and/or the State of California for guidance.
Franchise Tax Board Websites:
https://www.ftb.ca.gov
https://www.ftb.ca.gov/forms/search/
/
/
/
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COUNTY OF SAN DIEGO
REQUEST FOR QUOTATION (RFQ) 13409 - 2026 OR NEWER/UNUSED TOYOTA RAV 4 PLUG-IN HYBRID
SE (RESERVED FOR LOCAL BUSINESSES)
STATEMENT OF WORK
1. Base Vehicle
1.1. Model: Two (2) 2026 or Newer/Unused Toyota Rav 4 Plug-in Hybrid SE
1.2. 2.5 4-Cly Plug-in Hybrid Powertrain
1.3. AWD
1.4. Exterior Color: Ice Cap
1.5. Interior Color: Black/Blue cloth
1.6. Blind spot mirrors-Safety Package
1.7. Air conditioning/Heater
1.8. Power mirrors
1.9. Power seats
1.10. Radio/Bluetooth/USB ports
1.11. Cruise Control
1.12. Back up camera
1.13. All-Weather liner package-Toyota factory
1.14. Mudguards-Toyota Factory
1.15. Rear compartment cargo tote organizer-Toyota Factory
1.16. Conforms to Federal and California emissions.
1.17. Keys: 3 programmed and ready for use.
1.18. Back up alarm
1.19. Tint F70% Rear 35%
1.20. Front and rear seat covers
2. General Requirements
2.1. Contractor shall register the vehicles in the state of California as exempt with the Department of Motor Vehicles (DMV) and
provide a temporary license plate in accordance with California law.
2.2. DMV registration shall be made out to: County of San Diego, 5560 Overland Ave. Suite 410, San Diego, CA. 92123
2.3. Contractor shall provide updates to the Fleet Services Acquisitions Team with a status update 30, 60, 90, and 120 days after
receipt of the purchase order or fully executed contract.
2.4. Contractor shall provide an actual delivery date within thirty (30) days after receipt of the purchase order or fully executed
contract. Failure to provide accurate delivery dates within (30) days may result in termination.
2.5. Contractor agrees that a vehicle or equipment warranty shall not start until vehicle or equipment is assigned for use by a
County of San Diego Department. Contractor shall not start the warranty of the vehicle or equipment upon delivery of the
vessel, but upon confirmation of the assignment of vehicles or equipment. The County shall provide Contractor notification
to start warranty on the vehicle once the vehicle is assigned.
2.6. If Contractor has any questions, comments, or concerns with the fulfillment of a purchase order or contract, send an email to
DGSFleetAcquisitions@sdcounty.ca.gov.
3. Delivery
3.1. Delivery of purchased vehicle must occur no later than 90 days after receipt of the purchase order or fully executed contract.
3.2. Delivery must occur Monday through Friday between 8:00 a.m. and 3:00 p.m. Delivery location unless stated otherwise is
County of San Diego, DGS Fleet Services, 5610 Overland Avenue, San Diego, CA 92123
3.3. In some instances, an alternate delivery location may be required to accommodate oversized equipment at no additional cost.
3.4. To confirm delivery date, Contractor must email Juan.Salgado@sdcounty.ca.gov, and Kierra.Ceasar-
Thompson@sdcounty.ca.gov at least forty-eight (48) hours in advance. Contractor must not deliver a unit without prior notice
sent to the email. Deliveries that are attempted without County coordination are subject to delivery rejection.
3.5. Contractor must notify the Fleet Services Contractor and Lead Time Analyst if vehicle delivery is anticipated to exceed fifteen
(15) calendar days past the contracted lead time. An email must be sent to DGSFleetAcquisitions@sdcounty.ca.gov for any
one-time lead time extension requests. This email request must include the contract or purchase order number, justification
for the lead time delays, a mitigation plan to remedy the issue of acquiring the vehicle, a new lead time, and an estimated date
for delivery.
3.6. Contractor must provide all equipment necessary to drop off vehicles or parts to Fleet Services. This includes the delivery of
vehicles and any specialized equipment to any of Fleet Services Garages. Contractor must provide all work and equipment
needed to transfer the ordered part from the transport vehicle to the Fleet Services desired location for storage. Equipment that
is dropped off must be left in a location that is approved by a Fleet Services Team Leader or shop supervisor.
3.7. All outfitting must be completed and installed on the vehicle prior to delivery. The vehicle must also come with all of the
required keys programmed and ready for use. If any outfitting, keys, or other materials on the original order are missing, the
County of San Diego may not be able to accept the vehicle upon delivery.
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COUNTY OF SAN DIEGO
REQUEST FOR QUOTATION (RFQ) 13409 - 2026 OR NEWER/UNUSED TOYOTA RAV 4 PLUG-IN HYBRID
SE (RESERVED FOR LOCAL BUSINESSES)
3.8. Vehicles must be fully functional, new, and have no error messages on the dashboard when the vehicle and title are handed
over to the County of San Diego. Any defects related to the functionality of the vehicle must be mitigated by the Contractor
within fourteen (14) calendar days of the identification of the defect. This includes but is not limited to: Vehicle warning
indicators on, issues with the vehicle dashboard, defects in the exterior not originally identified by the Contractor, issues that
occur after outfitting the vehicle, etc. Contractor will be responsible for the full costs of the repairs of the vehicle and must
deliver the vehicle within fourteen (14) calendar days.
3.9. Gas or diesel vehicles delivered to the County of San Diego must arrive with a full tank of fuel (90% fueled or above) and
EVs must arrive fully charged (80% charge or above). Any vehicle that does not meet these standards may not be accepted.
3.10. Contractor must deliver vehicles without an added third-party global positioning system (GPS) to any vehicle or equipment.
Any unit with GPS installed may not be accepted. If GPS is found in a vehicle, the Contractor must remove it within three (3)
calendar days at no extra cost.
3.11. Contractors must provide all applicable vehicle DMV documentation at the time of delivery. With proper justification, the
Contractor may request a Fleet Service Technicians approval to send the documents within twenty-four (24) hours of vehicle
delivery. This includes temporary paper license plates, registration, and any additional DMV documents required.
3.12. Contractor must provide the Manufacturer Statement of Origin (MSO) or Manufacturer's Certificate of Origin (MCO) for
vehicles and equipment manufactured outside the state of California within seven (7) days of vehicle delivery. If a Contractor
is unable to guarantee the delivery of these documents within this timeframe, proper justification must be provided to the Fleet
Services Technician assigned to the delivery of the order.
3.13. Contractor is responsible for any damage to vehicles prior to Fleet Services acceptance.
4. Invoicing
4.1. All invoices and monthly statements shall be submitted individually by email to Contracting Office Representative
Ava.Gaughen@sdcounty.ca.gov and DGSfleetinvoices@sdcounty.ca.gov.
4.2. All invoices must include the following information:
4.2.1. Business Contact Person
4.2.2. Business Name, Location, and Address
4.2.3. Purchase order or contract number
4.2.4. Manufacturer Vehicle Identification Number (VIN)
4.2.5. Vehicle year, make, and model.
4.2.6. Vehicle mileage at time of delivery to the County of San Diego
4.2.7. Quantity, Description, Unit Price and Extended Price
4.2.8. County of San Diego Fleet drop-off location service facility, address, and telephone number
Page 7 of 9

COUNTY OF SAN DIEGO
REQUEST FOR QUOTATION (RFQ) 13409 - 2026 OR NEWER/UNUSED TOYOTA RAV 4 PLUG-IN HYBRID
SE (RESERVED FOR LOCAL BUSINESSES)
PRICING SCHEDULE
ITEM TAX ESTIMATED UNIT OF UNIT
DESCRIPTION EXTENDED PRICE
NO. YES OR NO QUANTITY MEASURE PRICE
2026 or Newer/Unused Toyota
1 2 EACH $ $
Rav 4 Plug-in Hybrid SE Yes
Extra Key-1 Per vehicle Yes
2 2 EACH $ $
3 Tire Fee No 10 EACH $ 1.75 $
Ca. DMV Electronic Vehicle
4 Registration Fee No 2 EACH $37.00 $
5 Documentation Processing Fee Yes 2 EACH $ 85.00 $
(Vc 4456.5 And 11713.1)
TOTAL PRICE: $
PRICING MUST INCLUDE SHIPPING AND ANY ADDITIONAL FEES.
DO NOT INCLUDE SALES TAX WITH PRICING.
DEPARTMENT REQUESTED LEAD TIME: 90 DAYS
QUOTED LEAD TIME (DAYS)*: _____________________
*Lead time is the number of calendar days from when a Purchase Order is issued, or contract is fully executed to when a
Contractor proposes the physical delivery of a vehicle and title to the County of San Diego.
QUOTED VEHICLE IS IN PHYSICAL STOCK FOR IMMEDIATE DELIVERY?
YES: ______ OR NO: _______
If yes, provide quantity of physical stock available for immediate delivery: ___________
Where is available stock located? ____________
QUOTED VEHICLE IS SUBJECT TO ORDER PLACEMENT WITH MANUFACTURER?
YES: ______ OR NO: _______
IF YES, ESTIMATED MANUFACTURER CONFIRMATION DATE: __________________
CONFIRMATION OF DELIVERY: Offeror commits, at no additional cost to the county, to provide a newer year model or
added value/premium existing year model in the event the proposed lead time is not fulfilled after the issuance of a county
purchase order or contract.
YES: ______ OR NO: ______
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COUNTY OF SAN DIEGO
REQUEST FOR QUOTATION (RFQ) 13409 - 2026 OR NEWER/UNUSED TOYOTA RAV 4 PLUG-IN HYBRID
SE (RESERVED FOR LOCAL BUSINESSES)
DRAFT AGREEMENT
1. Acceptance: By acceptance of this purchase order, Vendor agrees to be bound 13. Hazardous Materials. If the product being supplied presents a physical or
by, and to comply with, these terms and conditions, and all prior or health hazard as defined in Title 8 of the California Code of Regulations, Section
contemporaneous agreements, understandings and representations, oral or written, 5194, or if the product contains one or more of the substances listed on the "List of
are superseded. The terms of any proposal from Vendor referred to in this order are Hazardous Substances" prepared by the Director of the California Industrial
included and made a part of the order, but only to the extent of specifying the Relations Department pursuant to Labor Code Section 6380, the Vendor shall
nature, price and delivery date of the goods and/or services ordered, and then only
forward a "Material Safety Data Sheet", pursuant to Cal/OSHA requirements,
to the extent that such terms are consistent with the terms and conditions of this
referencing this purchase order/sub order number with the product shipment.
order. Any invoice, acknowledgement or other form used by Vendor shall not add
to, amend, or modify these terms and conditions. 14. Timeliness. Time is of the essence and this purchase order is subject to
termination for failure to deliver on time.
2. Affirmative Action. If applicable, Vendor shall comply with the Affirmative
Action Program for Vendors as set forth in Article lllk (Commencing at Section 84) 15. Indemnity. County shall not be liable for, and Vendor shall defend and
of the San Diego County Administration Code which program is incorporated indemnify County and the employees and agents of County (collectively, "County
herein by reference. A copy of this affirmative action program will be furnished Parties") against any and all claims, demands, liability, judgments, awards, fines,
upon request.
mechanic's liens or other liens, labor disputes, losses, damages, expenses, charges or
3. Assignment. This order is assignable by County. Except as to any payment due costs of any kind or character, including attorney's fees and court costs (hereinafter
hereunder, this order is not assignable by Vendor without written approval of collectively referred to as "Claims"), related to or arising out of this purchase order,
County. and arising either directly or indirectly from any act, error, omission or negligence
of Vendor or its contractors, licensees, agents, servants or employees, including
4. Audit Right. Pursuant to California Government Code Section 8546.7, the
Claims caused by the concurrent negligent act, error or omission of County Parties.
parties acknowledge that every contract involving the expenditure of public funds
However, Vendor shall have no obligation to defend or indemnify County Parties
in excess of $10,000 shall be subject to audit by the State Auditor.
against Claims (i) to the extent they arise from the active concurrent negligence of
5. Cash Discounts. In connection with any cash discount specified on this order, County Parties, or (ii) caused by the sole negligence or willful misconduct of
time will be computed from the later of the date of (i) complete delivery of the County Parties.
goods and/ or services as specified, or (ii) receipt of correct invoices. Payment is
16. Patent Indemnity. Vendor warrants and agrees that it shall defend, indemnify,
deemed to be made, for the purpose of earning the discount, on the date of mailing
and hold County harmless, at Vendor's expense, against any claim, suit, or
of the County warrant or check.
proceeding brought against County insofar as it is based on a claim of infringement
6. Changes. County shall recognize no change to this order by Vendor without of any patent, copyright, trademark, or trade secret of a third party and will pay any
written approval. costs or damages in connection therewith, including attorney's fees, arising out of
this order.
7. Compliance With Laws. Vendor shall comply with all laws, codes, regulations,
rules and orders (collectively, "Regulations") applicable to the good and/or services 17. Sales and Use Tax. On invoices, Vendor shall show any sales or use tax if
to be provided hereunder. Vendor's failure to comply with any applicable applicable, as separate items, giving permit number authorizing collection of Use
Regulations shall constitute a material breach of this purchase order. tax. Vendor shall deduct cash discount before computing Sales or Use Tax.
8. Governing Law. This contract shall be construed and interpreted according to 18. Termination For Cause - Cancellation. The County may, by written notice of
the laws of the State of California. default to the Vendor, terminate this order in whole or in part, should the Vendor
fail to make satisfactory progress, fail to deliver within the time specified or fail to
9. Delivery. Unless otherwise specified in writing in this order, all shipments will deliver in strict conformance to specifications or requirements set forth herein. In
be F.O.B. point of destination. Freight or handling charges are not billable unless the event of such termination, the County reserves the right to purchase or obtain the
referenced on this order. Transportation receipts, if allowed by order, must supplies or services elsewhere and the defaulting Vendor shall be liable for the
accompany invoice. difference between the prices set forth in this order and the actual cost thereof to the
County. In such case, the prevailing market price shall be considered to be the fair
10. Food Products.
repurchase price. The rights and remedies of County provided in this Article shall
A. Package. Each package shall be identified with manufacturer's label, which
not be exclusive and are in addition to any other rights and remedies provided by
shall conform to the requirements of the Fair Packaging and Labeling Act of
law or under this order.
the California Business and Professions Code Section 12601-12615.5.
18.1 If, after notice of termination of this order under the provisions of this clause,
B. Compliance. Vendor hereby guarantees that the product or products
it is determined for any reason that the Vendor was not in default under the
comprising each shipment made by Vendor to County, as of the date of
provisions of this clause, the rights and obligations of the parties shall be the same
delivery, is not adulterated or misbranded within the meaning of the U.S.
as if the notice of termination had been issued pursuant Clause 19, Termination For
Federal Food, Drug, and Cosmetic Act, as amended, or within the meaning of
Convenience.
applicable U.S. State Laws or Municipal ordinances in which the definitions of
adulteration and misbranding are substantially the same as those contained in 19. Termination For Convenience. The County may, by written notice stating the
the U.S. Act. Distressed food commodities that are reconditioned, relabeled extent and effective date, terminate this order for convenience in whole or in part,
and/or re-cased are not acceptable. at any time. The County shall pay the Vendor, as full compensation for performance
until such termination, the unit or pro-rata order price for any delivered and
11. Force Majeure. Each party hereto shall be excused from performance
accepted portion of the order. In no event shall the County be liable for any loss of
hereunder resulting from delays caused by an act of God, war, civil disturbance,
profits on the order or portion thereof so terminated.
court order, governmental action, laws, orders, regulations, directions or requests,
or as a result of events such as public enemies, fires, earthquakes, floods, strikes or 20. Warranty. Vendor agrees that any goods and/or services furnished under this
other labor disturbances of the other party or any third party, or other cause beyond order shall be covered by the most favorable commercial warranties Vendor gives to
its reasonable control (financial inability excepted) and which it could not have any of its customers for the same or substantially similar goods and/or services.
prevented by reasonable precautions, and, such non-performance shall not be a Any warranties so provided shall supplement, and shall not limit or reduce, any
default hereunder or a ground for termination hereof. In the event that Vendor is rights afforded to County by any other provision of this order or by any applicable
excused from performance under this paragraph, Vendor shall take all reasonable Uniform Commercial Code warranties.
actions to resume or provide alternative performance of its obligations at no
additional charge to County. If any such delay exceeds thirty (30) days, then 21. Disallowance. In the event the Contractor receives payment for services under
County may terminate this order. this contract which is later disallowed by the County, the Contractor shall promptly
refund the disallowed amount to the County on request, or at its option, the County
12. Formal Bids. In the event this purchase order results from a formal bid, terms may offset the amount disallowed from any payment due to the Contractor under
and conditions of that bid are incorporated herein and form a part of this purchase any contract with the County.
order. In the event of any conflict or inconsistency between the terms of this
purchase order and the terms of a formal bid, the terms of the formal bid shall
control.
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