7CA07161_STD_213_and_Exhibits_Sample.pdf

2. The term of this Agreement is:SAMPLE

SAMPLE

Contractor TBD Contract Number 7CA7161

CAL FIRE

EXHIBIT A

(Scope of Work)

SCOPE OF WORK

1. Contractor agrees to provide to the California Department of Forestry and Fire Protection (CAL FIRE) Forklift Rental

Services, as described herein:

Contractor shall provide all materials, labor, equipment, tools, permits, taxes, transportation, and fees to fees to provide CAL FIRE - Atwater Training Center with telehandler rental services for ongoing construction services.

2. The Agreement may be amended to increase services at the rate(s) specified in Attachment 1, Rate Sheet.

3. CAL FIRE has the right to extend this agreement for two (2) years by amendment at the same terms, conditions, and costs.

4. Subcontracting is not permitted under this Agreement. All references to subcontracting or Subcontractors as found herein are not applicable to this Agreement.

5. The services shall be performed at 3500 North Apron Avenue, Atwater, CA 95301.

6. Any reference to CAL FIRE Project Representative shall also include their designee.

7. This Agreement will commence on June 30, 2025, or upon approval by the California Department of General Services (DGS), whichever is later, and no work shall begin before that time. This Agreement is of no effect unless approved by DGS. Contractor shall not receive payment for work performed prior to approval of the Agreement and before receipt of notice to proceed by CAL FIRE Project Representative. This Agreement shall expire on June 29, 2026. The services shall be provided during normal working hours, Monday through Friday, 8:00 a.m. to 5:00 p.m., except State holidays. The parties may amend this Agreement as permitted by law.

8. The Project Representatives during the term of this agreement will be:

California Department of Forestry and Fire Protection (CAL FIRE) Contractor: TBD

Name: Project Representative:

Address: (Street Address, City State, Zip Code) Address: (Street Address, City State, Zip Code)

Phone: Phone:

Email: Email:

9. Detailed Scope of Work A. CAL FIRE - Atwater Training Center is seeking to secure the rental of one (1) all-terrain forklift with a reach telescoping boom. This forklift is needed for the new construction and continuation of classes at the CAL FIRE Atwater Training Center, for building training props by lifting heavy materials to higher elevations in rough terrain and training during ongoing classes.

B. Contractor shall expect operating conditions of the forklift to be working at the CAL FIRE Atwater training grounds at 3500 North Apron Avenue, Atwater CA 95301. The topography will also vary from flat dirt and rock lands, asphalt surfaces, concrete surfaces, and slight sloped ground.

C. Contractor shall provide fixed rates quoted individual line items for the cost of machine rental with all related fees as one line item and delivery/pick-up as individual line items in their submitted bid for the month-to-month rental charges for the duration of the contract.

D. Contractor shall provide a rental reservation at time of request to Atwater Training Center via email to employee requesting rental.

CAL FIRE

EXHIBIT A

(Scope of Work)

E. Contractor shall provide repair services if needed at location of forklift within a one (1) day timeframe of the repair request. If Contractor is not able to provide services within the time frame, another forklift for use will be made available to Atwater Training Center.

F. Contractor shall provide delivery and pickup of telehandler forklift that will be scheduled prior to the start and end date of rental.

G. Contractor shall be able to deliver and pickup forklift on specific date and time window assigned by the CAL FIRE Project Representative due to some locations being secure.

H. Equipment drop-off shall be between the hours of 8:00 A.M. to 11:30 A.M. and 12:30 P.M. to 04:30 P.M. (When scheduled for drop off)

I. Delivery and pickup will be held at a secure location and a contact name and phone number of the assigned CAL FIRE employee will be provided by the CAL FIRE Project Representative to the Contractor at the time of reservation of the telehandler forklift rental.

J. Minimum Equipment Specification Requirements

1) 12,000lb machine rating or higher rating when boom is fully retracted and at ground level

2) Minimum 50 feet or greater reach capability when fully exted and raised

3) 60 inch material handeling forks

4) No fork extensions permitted

5) Foam filled tires

6) Front and rear work lights

10. Fuel Levels Equipment shall be delivered by the Contractor with a full tank of fuel. CAL FIRE shall replenish fuel levels during use and the tank fuel level shall be full at the time of Contractor pick-up.

11. Inspection of Equipment A. Contractor shall grant CAL FIRE access to inspect the intended equipment for use under this Agreement at the time of delivery. The Project Representative shall arrange the inspection before it will be accepted.

B. Falure to provide equipment with the minimum equipment specification will resuilt in a 24 hour hold on the contract for the vendor to correct the problem and up to 72 hours at CAL FIRE’S descretion.

C. The CAL FIRE Project Representative shall determine suitability of the equipment for its intended use, and its decision shall be final as of the date of inspection. No equipment will be accepted that is considered unsuitable or in unsatisfactory mechanical condition. Equipment from which the serial number or other means of identification has been removed is prohibited

D. CAL FIRE reserves the right to inspect the equipment when it has reported to the designated location for work and to cancel the agreement if the equipment is not capable of or is not giving satisfactory service in the opinion of the CAL FIRE Project Representative.

E. No fees or cost will be assesd from the Contractor to CAL FIRE if contract is terminated for any of the reasons listed above in the details of scope of work inspection of equipment.

CAL FIRE

EXHIBIT B

(Budget Detail and Payment Provisions)

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoicing and Payment

A. For services satisfactorily completed in accordance with the terms and conditions stated herein, and upon receipt and approval of the invoice(s), the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the specified as follows: attached hereto as Attachment 1 – Rate Sheet and made a part of this Agreement.

B. Contractor shall submit, in arrears, not more frequently than once a month, and no less than quarterly, an invoice to CAL FIRE for cost incurred pursuant to the agreement. In addition, each invoice shall contain the following information:

C. Each Invoice shall include:

1) The agreement number 7CA07161.

2) The dates or time-period which the invoiced costs were incurred.

3) Description of service, quantity, rate, and total for the current invoice.

4) Certified Small Business or DVBE #, if applicable.

D. Invoice(s) shall be submitted to:

California Department of Forestry and Fire Protection (CAL FIRE) Attention: TBD

Street Address/P.O. Box City, State, Zip Phone Number

Email

2. Budget Contingency Clause A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this

Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State or offer an agreement amendment to Contractor to reflect the reduced amount.

3. Prompt Payment Clause

A. Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. In the event of an emergency, as defined in section 927.11, late payment penalties may not apply. Specific to CAL FIRE, if an invoice from a business under contract with CAL FIRE becomes subject to late payment penalties during the annually declared fire season, then the required payment approval date shall extend 30 calendar days beyond the initial 45-day period, except in the case of a contract with a certified small business, a certified Disabled Veteran Business Enterprise, a non-profit organization, or a non-profit public benefit corporation.

B. Pursuant to Public Contract Code Section 10262, Contractor shall pay its Subcontractor(s) within seven (7) calendar days from receipt of each payment made to Contractor by CAL FIRE.

C. Failure of Contractor adhering to Public Contract Code Section 10262 may result in termination of this Agreement per Public Contract Code Section 10253 and disciplinary action by the Contractors State License Board may be implemented.

D. Any subcontract entered into as a result of this Agreement shall contain all the provisions of this clause.

CAL FIRE

EXHIBIT B

(Budget Detail and Payment Provisions)

4. Cost Limitation A. Total amount of this Agreement shall not exceed $TBD.

B. It is understood and agreed that this total is an estimate, and that CAL FIRE will pay only for those services actually rendered as authorized by CAL FIRE Project Representative up to the total amount set forth in Section 4A, above.

5. Materials/ Supplies Contractor will be reimbursed for the actual cost of materials/supplies purchased to be consumed or installed at the work site in performance of the Agreement (including applicable sales tax), without additional allowance for markup.

Contractor costs associated with the purchase and installation of materials/supplies are included in Contractor's hourly rate for services that include wages, overhead, general, and administrative expenses and profit. Cost of materials/supplies are to be substantiated by a copy of the appropriately signed original invoice verifying the actual cost and delivery of the materials/supplies of CAL FIRE. Total expenditures for materials/supplies shall not exceed the amount set forth in the line item for parts in Attachment 1, Rate Sheet.

6. Costs Included in Bid Rates The cost of employer payments to or on behalf of employees, subsistence, travel, compensation insurance premiums, unemployment contributions, social security taxes, Agreement bond premiums, and any other taxes or assessments including sales and use taxes required by law or otherwise shall be included in the Agreement rates and no additional allowance will be made thereof, unless separate payment provision should specifically so provide.

CAL FIRE

EXHIBIT D

(Special Terms and Conditions)

SPECIAL TERMS AND CONDITIONS

1. Excise Tax

The State of California is exempt from federal excise taxes, and no payment will be made for any taxes levied on employees' wages. The State will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales and use tax imposed by another state.

2. Settlement of Disputes A. In the event of a dispute, within 10 days of discovery of the problem, Contractor shall file a "Notice of Dispute" with:

California Department of Forestry and Fire Protection Attention: CAL FIRE Project Representative P.O. Box 944246 Sacramento, CA 94244-2460

B. Within 10 days of CAL FIRE receiving Contractor's notice, the Contracts Representative or designee shall advise Contractor of the findings and recommend a method to resolve the dispute. Decision of the Contracts Representative or designee shall be final.

C. In the event of a dispute, the language contained within this Agreement shall prevail over any other language including that of the bid proposal.

3. Right to Terminate A. Termination for Cause

The agreement can be immediately terminated for cause. (Refer to GTC, Exhibit C, Item 7. Termination for Cause)

B. Termination without Cause

The State reserves the right to terminate this agreement subject to 30 days written notice to the Contractor.

Contractor may submit a written request to terminate this agreement only if the State should substantially fail to perform its responsibilities as provided herein.

4. Retention of Records/ Audits A. Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement (GC § 8546.7, PCC § 10115 et seq., CCR Title 2, §1896). Contractor shall comply with the above and be aware of the penalties for violations of fraud and for obstruction of investigation as set forth in PCC § 10115.10.

B. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this clause.

5. Subcontractors Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted.

6. DVBE Participation (Without Goals) CAL FIRE has established no goals for the DVBE participation for this Agreement. However, Contractor shall be fully informed respecting the California Public Contract Code Sections 10115 et seq., which is incorporated by reference.

CAL FIRE

EXHIBIT D

(Special Terms and Conditions)

Contractor is urged to obtain DVBE Subcontractor participation should clearly defined portions of the work become available.

7. Non-Solicitation Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained or contracted by Contractor for the purpose of securing business. For breach or violation of this warranty, the State shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the value of the work actually performed, or in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

8. Laws to be Observed Contractor shall keep fully informed of all existing and future State and Federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall at all times observe and comply with and shall cause all agents and employees to observe and comply with, all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the Agreement.

Contractor shall protect and indemnify the State of California and all officers and employees thereof connected with the work against any claim, injury, or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by Contractor, its Subcontractor(s), or an employee(s). If any discrepancy or inconsistency is discovered in the plans, drawings, specification, or Agreement for the work in relation to any such law, ordinance, regulation, order, or decree, Contractor shall immediately report the same to CAL FIRE Project Representative in writing.

9. Specific Legal References Any reference to specific statutes, regulations, or other legal authority in this Agreement shall not relieve Contractor from the responsibility of complying with all existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the Agreement.

10. Equipment Indemnification A. Contractor shall indemnify CAL FIRE for any claims against CAL FIRE for loss or damage to Contractor’s property or equipment during its use under this Agreement and shall, at Contractor’s own expense, maintain such fire, theft, liability, or other insurance as deemed necessary for this protection. Contractor assumes all responsibility which may be imposed by law for property damage or personal injuries caused by defective equipment furnished under this Agreement or by operations of Contractor or Contractor’s employees under this Agreement.

B. Any subcontract entered into as a result of this Agreement shall contain all the provisions of this clause.

11. Evaluation of Contractor Performance of the Contractor under this Agreement will be evaluated. The evaluation shall be prepared on Contract/Contractor Evaluation Sheet (STD 4) and maintained in the Agreement file. For consultant agreements, a copy of the evaluation will be sent to the California Department of General Services, Office of Legal Services, if it is negative and over $5,000.00.

12. Agency Liability

The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the State shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the value of the work actually performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

CAL FIRE

EXHIBIT D

(Special Terms and Conditions)

13. Force Majeure

Neither party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or failures of performance constitute default, if such delay or failure is caused by “Force Majeure.” As used in this section, “Force Majeure” is defined as follows: Acts of war and acts of God such as earthquakes, floods, and other natural disasters such that performance is impossible.

14. Employment of Undocumented Workers By signing this Agreement, Contractor swears or affirms that it has not, in the preceding five (5) years, been convicted of violating a State or Federal law relative to the employment of undocumented workers.

15. Contractor Name Change

Contractor shall provide a written notice to the State at least 30 days prior to any changes to the Contractor’s current legal name.

16. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, Contractor’s indemnification obligations contained elsewhere in this Agreement, Contractor hereby assumes all risks of the consequences of exposure of Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind, or origin. Contractor also agrees to take all appropriate safety precautions to prevent any such exposure to Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. Contractor also agrees to indemnify and hold harmless CAL FIRE, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, Contractor also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CAL FIRE, the State of California, and/or any of their officers, agents and/or employees.

17. Mandatory Organic Waste Recycling It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if Contractor generates four (4) cubic yards or more of organic waste or commercial solid waste per week, Contractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling.

Contractor shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from CAL FIRE.

https://calrecycle.ca.gov/buyrecycled/.

18. Health and Safety A. Contractor and all subcontractors shall abide by all health and safety mandates issued by federal, state, and local governments and/or public health officers as well as those issued by CAL FIRE, and worksite specific mandates.

If multiple mandates exist, the Contractor and subcontractors shall abide by the most restrictive mandate. The term “employee”, “worker”, “state worker” or “state employee” in health and safety mandates includes contractor and subcontractor personnel.

B. Costs associated with adhering to health and safety mandates are the responsibility of the Contractor. Contractor is responsible for the tracking and compliance of health and safety mandates and may be audited upon request.

19. Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S.

government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that https://calrecycle.ca.gov/buyrecycled/

CAL FIRE

EXHIBIT D

(Special Terms and Conditions) shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

CAL FIRE

EXHIBIT E

(Additional Provisions)

ADDITIONAL PROVISIONS

1. Insurance Requirements

A. General Provisions Applying to All Policies

1) Deductible and Premiums

a) Contractor is responsible for any deductible or self-insured retention contained within the insurance program.

b) The Department will not provide for nor compensate Contractor for any insurance premiums or costs for any type or amount of insurance.

2) Coverage Term and Policy Cancellation or Termination:

a) Coverage must be in force for the complete term of this Agreement. If insurance expires during the term of this Agreement, a new certificate must be received by CAL FIRE project representative at least ten (10) days prior to the expiration of the insurance. Any new insurance must continue to comply with the original terms of this Agreement.

b) Contractor shall provide, to CAL FIRE project representative within five (5) business days, following receipt by Contactor, a copy of any cancellation or non-renewal of insurance required by this Agreement.

In the event Contractor fails to keep, in effect at all times, the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event, subject to the provisions of this Agreement.

3) Primary Clause: Any required insurance contained in this contract shall be primary, and not excess or contributory, to any other insurance carried by the State.

4) Endorsements: Any required endorsements requested by the State must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.

5) The Department will not provide for nor compensate Contractor for any insurance premiums or costs for any type or amount of insurance.

6) Insurance Carrier Required Rating: All insurance companies must carry a rating acceptable to the Department of General Services, Office of Risk and Insurance Management (ORIM). If Contractor is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required.

Department of General Services, ORIM Website: https://www.dgs.ca.gov/ORIM.

7) When Contractor submits a signed contract to the State, Contractor shall furnish to the State a certificate of insurance stating that all required insurance is in effect for the Contractor.

B. General and Commercial Liability Insurance

1) Contractor shall provide commercial general liability insurance of not less than $1,000,000.00 per occurrence for bodily injury and property damage liability combined in effect for the Contractor.

2) The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured Agreement. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to Contractor's limit of liability.

3) The certificate of insurance will include the following provision in its entirety:

That the State of California, its officers, agents, employees, and servants are included as additional insured, but only insofar as the operations under this contract are concerned.

4) The additional insured endorsement must accompany the certificate of insurance.

https://www.dgs.ca.gov/ORIM

CAL FIRE

EXHIBIT E

(Additional Provisions)

5) This endorsement must be supplied under form acceptable to the Department of General Services, Office of Risk and Insurance Management.

C. Worker’s Compensation Insurance

Contractor shall provide Worker’s Compensation Insurance with Waiver of Subrogation in favor of the State of California. Employer’s liability shall be not less than $1,000,000.00. The following clause should be included:

"Waiver of Subrogation in favor of the State of California or in favor of CAL FIRE:" By signing this Agreement, the Contractor hereby warrants that it carries Workers’ Compensation Insurance on all of its employees who will be engaged in the performance of this Agreement. If Staff provided by the Contractor is defined as independent contractors, this clause does not apply.

D. Commercial Automobile Insurance on Owned, Hired, and Non-Owned vehicles.

Contractor shall provide Commercial Automobile Insurance on Owned, Hired, and Non-Owned vehicles of not less than $1,000,000.00 policy. The same additional insured designation and endorsement required for general liability is to be provided for this coverage.

E. Available Coverages/Limits

In the event the insurance coverages obtained by Contractor is broader in scope than, and/or the limits are higher than, those required under the contract, all such broader coverage and/or higher limits available to Contractor shall also be available and applicable to the State.

2. Regulations A. Contractor shall observe and comply with all federal, state, city, and county laws, rules or regulations affecting the work. Any work done that does not comply with any laws, rules, or regulations will be remedied at the Contractor's expense.

B. Contractor shall cooperate with the CAL FIRE authorities and shall observe and comply with all regulations presently in force on CAL FIRE grounds.

3. Americans with Disabilities Act By signing this contract, the contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 USC § 12101 et seq.), which prohibits discrimination on the basis of disability, as well as with all applicable regulations and guidelines issued pursuant to the ADA.

4. Motor Carrier Permit Requirements A. Contractor is responsible for determining whether California Vehicle Code Sections 34601 and 34620 require

Contractor to have a valid Motor Carrier Permit(s) (MCP) issued by the Department of Motor Vehicles (DMV) in order for Contractor to lawfully perform any part or aspect of the work described in Exhibit A, Scope of Work, and, if California Vehicle Code Sections 34601 and 34620 do require same for any part or aspect of such work, Contractor must have a valid MCP issued from the DMV for its services as a Motor Carrier of Property under this Agreement. Contractor shall pay any required fees necessary to obtain and maintain in good standing during the entire term of this Agreement any such required MCP(s).

B. The MCP(s), if any, required for Contractor's Motor Carriers of Property under California Vehicle Code Sections 34601 and 34620 shall be on file with Contractor for the duration of this Agreement. Upon request of CAL FIRE Contract Manager or his/her designee, Contractor must immediately provide to CAL FIRE a copy of the required MCP(s), if any.

5. Tax Delinquencies Contract Ban Public Contract Code section 10295.4 provides that a state agency shall not enter into any contract for goods or services with a contractor whose name appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code. This prohibition applies to contracts executed on or after July 1, 2012. FTB and BOE will post and periodically update lists of the 500 largest tax delinquencies on their websites as

CAL FIRE

EXHIBIT E

(Additional Provisions) required by law. Starting July 1, 2012, prior to executing contracts, state agencies must check the FTB and BOE lists to ensure the proposed awardee/vendor is not on either list.

6. Debarment and Suspension Certification A. Contractor’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the

State of California, that Contractor or any person associated therewith in the capacity of owner, partner, director, officer, or manager:

1) is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2) has not been suspended, debarred, voluntarily excluded, or determined ineligible by any Federal agency within the past three (3) years;

3) does not have a proposed debarment pending; and

4) has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to CAL FIRE. Exceptions will not necessarily result in denial of recommendation for award but will be considered in determining bidder responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

7. Equipment Rental Provisions A. CAL FIRE shall not be responsible for loss or damage to the rental equipment arising from causes beyond the control of CAL FIRE. CAL FIRE responsibility for repairs and liability for damage or loss are restricted to that made necessary by or resulting from the negligent act or omission of the State or its officers, employees, or agents.

B. Contractor shall maintain the equipment in good working order and make all necessary repairs and adjustments.

Contractor will be given full and adequate access to the equipment at reasonable times for this purpose.

CAL FIRE reserves the right to terminate this Agreement or to cease payment of rent if Contractor fails to maintain the equipment properly.

C. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this clause.

8. Small Business or Disabled Veteran Business Enterprise Certification Contractor and/or Subcontractor(s) shall maintain its status as a DGS certified SB/MB or DVBE, as applicable, throughout the term of this Agreement.

9. Generative Artificial Intelligence (GenAI) A. During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors. Contractor shall immediately complete the GenAI Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAI technology.

B. At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts functionality, risk or contract performance, until use of such GenAI technology has been approved by the State.

C. Failure to disclose GenAI use to the State and submit the GenAI Reporting and Factsheet (STD 1000) may be considered a breach of the contract by the State at its sole discretion and the State may consider such failure to disclose GenAI and/or failure to submit the GenAI Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the contract. The State is entitled to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

CAL FIRE

EXHIBIT E

(Additional Provisions)

D. The State reserves the right to amend the contract, without additional cost, to incorporate GenAI Special Provisions into the contract at its sole discretion and/or terminate any contract that presents an unacceptable level of risk to the State.SAMPLE

CAL FIRE

Attachment 1 (Rate Sheet)

To be attached upon award. SAMPLE