ATTACHMENT_B.pdf

2. The term of this Agreement is:

TBD

SAMPLE

Contractor's Name:

Agreement Number:

Page: 1 of 1

SCOPE OF WORK

1. Contractor agrees to provide to the Department of Parks and Recreation (DPR) services as described herein:

2. The services shall be performed at:

3. The services shall be provided during:

4. The project representatives during the term of this Agreement will be:

State Agency: Contractor:

Section/Unit: Section/Unit:

Attention: Attention:

Address: Address:

City/State/Zip Code: City/State/Zip Code:

Phone: Phone:

Fax: Fax:

E-mail Address: E-mail Address:

DPR 603 (Rev. 2/2011)(Excel 2/10/2011)

TBD

Interpretation and Education

C24830001

Tidebooks research, design and printing

Department of Parks and Recreation TBD

The Contractor's place of business.

Monday through Friday, 8:00AM-5:00PM, excluding State and Federal Holidays.

EXHIBIT A

(Standard Agreement)

Researching, designing and printing of CA State Parks- Boating Clean and Green program's 2025, 2026 and 2027 Northern CA Tidebooks. Further specifications can be located in the Detailed Scope of Work.

State of California Invitation for Bids No.: C24830001 Department of Parks and Recreation STATEWIDE Interpretation & Education Northern California Tides and Currents Books

EXHIBIT A, ATTACHMENT I

DETAILED SCOPE OF WORK

1.0 Project Background and Purpose

The mission of the Department of Parks and Recreation’s (DPR), CA Boating Clean and Green Program (BC&GP) is to provide education to California’s boaters and promote clean and safe boating information.

One of the BC&GP’s main educational tools is the California Boater Kit. The boater kit is an educational tool for boaters that promotes safe and environmentally sound boating practices. A key component of the kit is the Tides and Current books (Tidebooks). The Tidebooks provide boaters with the tides and currents readings as well as with clean boating information and some of the pollution prevention services found at marinas.

The boater kits are distributed for free among the boating community by staff and volunteer Dockwalkers at boat shows, boating events, marinas, and boating facilities.

BC&GP seeks to purchase the 2025, 2026, and 2027 Northern California Tides and Currents Books (Tidebooks) to be distributed among the boating community.

2.0 Detailed Scope of Services

A. Location Contractor’s place of business.

B. Term of Contract The contract term shall be September 31, 2024 or upon DGS/OLS approval, whichever is later, through December 31, 2027, or 39 months (3 years and 3 months) from DGS/OLS approval, whichever is later. 2 (two) 1 (one) year contract extensions at the same rates identified in the Service Contracts Bid Form are available to be added to this agreement via amendment upon mutual consent from DPR and the Contractor.

C. Contractor Minimum Qualifications Contractor must be able to provide the entire process of researching, designing and printing of the Tidebooks as specified in the description of services.

D. Description of Services A. Researching, designing and including in the Tidebooks ALL the following information:

i. Tidal differences from Golden Gate Bridge showing high water (time and height in feet) and low water (time and height in feet) at the following regions showing the National Oceanic and Atmospheric Administration (NOAA) Points for each of these regions: Outer Coast, North Coast, San Francisco Bay (Northern, Central and South) San Pablo Bay, Carquinez Strait, Suisun Bay, San Joaquin River and Sacramento River.

ii. Current differences from the Golden Gate at Outer coast north, Golden Gate and approaches, San Francisco Bay entrance, north bay, south bay, city front, San Pablo Bay, Carquinez Strait, Suisun Bay, San Joaquin River and Sacramento River [including time differences low (slack and flood hours and minutes) and high (slack and ebb hours and minutes)] and ratios for flood and ebb.

iii. Tide tables for each month (month per page) and each day at Golden Gate including time and heights (in feet) for high and low tides. Readings corrected for daylight savings time.

iv. Current tables for each month (month per page) and day (Pacific

Standard Time) at San Francisco Bay Entrance (Golden Gate) at South of Point Diablo including slack, maximum current reading (time - hour and minutes) and speed (in knots). Readings corrected for daylight savings time.

v. Current differences from the Carquinez Bridge (month per page) at the following regions showing the NOAA points for each region: San Pablo Bay, Carquinez strait, Suisun Bay, Sacramento River, San Joaquin River, (including time differences low (slack and flood hours and minutes) and high (slack and ebb hours and minutes) and ratios for flood and ebb.

vi. Current tables for each month and day (Pacific Standard Time) at

Carquinez Strait including (month per page) slack, maximum current reading (time - hour and minutes) and speed (in knots). Readings corrected for daylight-savings time.

vii. Tidal differences from Port Chicago (month per page) showing high water

(time and height in feet) and low water (time and height in feet) at the following regions showing the NOAA points for each region: Carquinez strait, Suisun Bay, Sacramento River, San Joaquin River.

viii. Northern California list of the mobile boat-to-boat services for boaters

(content provided by BC&GP as a Word document, design provided by vendor). This list will include the mobile boat-to boat services (name of the service phone number, website, email, and counties served) available to northern California boaters for the following services: Bilge pumpout/cleaning services, sewage pumpout services. This information should be displayed on facing on pages.

ix. Environmental services at marinas in several counties. Include charts for the following Counties: Alameda, Contra Costa, Del Norte, El Dorado, Fresno, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, Placer, Sacramento, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Cruz, Shasta, Solano, Sonoma, Trinity and Yolo, including the following information: Marina name, phone number and services available at each marina including: recycling used oil, bilge and sewage pumpouts, oil absorbent distribution and collection (content provided by BC&GP as an Excel file, design provided by vendor).

x. California Special Closure and Wildlife Disturbance Information, including

North Farallon Islands Special Closure; Southeast Farallon Island Special

Interpretation & Education Northern California Tides and Currents Books

Closure; Point Reyes Headlands Special Closure; Point Resistance Rock Special Closure, Double Point/Stormy Stack Special Closure; Egg (Devil’s Slide) Rock To Devil’s Slide Special Closure; Tips for Boaters to Prevent Marine Wildlife Disturbance and Special Closures Protecting Breeding and Resting seabirds sites map and Protected Areas (information provided by the Seabird Protection Network and the California Marine Sanctuary Foundation as a Word document, design provided by vendor).

B. Printing Specifications:

i. SIZE : Pocket size 3.5” or 4” x 5.5”

ii. COVER COLOR: The cover of the Tidebook needs to be in glossy white and blue (PANTONE 294 C).

iii. COVER PAPER: 100 pound gloss, recycled paper.

iv. COVER ARTWORK: Content (Word document), cover photo and logos to be provided by BC&GP. Supplier to design inside and outside covers.

v. INSIDE PAGES: 24 pound recycled paper.

vi. INSIDE PAGES COLOR: Inside pages are in black and white.

vii. 2 staples in the middle of the book at approx., 1“ from the outside edges.

viii. FRONT AND BACK INSIDE COVERS: Need to include customized information about environmentally sound boating practices as follows:

a. Front Inside Cover: Tips for boating clean and green (information provided by BC&GP as a Word document).

b. Back Inside Cover: Shopping Clean and Green Checklist (provided by BC&GP as a Word document).

ix. BACK COVER: Needs to include logos of DBW, California Coastal Commission, used oil recycling centers and information about Who to Contact for: General boating information, boating courses, location of environmental services for boaters, and the state and federal phone numbers to report oil and chemical spills (Provided by BC&GP as a Word Document).

x. QUANTITY: Minimum Five thousand three hundred (5,300) tide books per year (2025, 2026 and 2027). All orders shall be at same unit rate in listed in Exhibit B, Attachment I. The state anticipates a minimum order of 5,300 Tide books per year but this is not a guarantee. The State reserves the right to increase or decrease the number of Tide books as needed and agrees to pay supplier the unit price as stated in Exhibit B, Attachment 1. The supplier will use the consistent multiplier of 5,300 books to submit their bids.

xi. FONT SIZE. The font used throughout the publication has to be no less than eleven (11) points

xii. PAGES, approximately eighty (80) internal pages including the required information described above.

C. Digital File:

Upon completion of each Tidebook (2025, 2026, and 2027), the Contractor shall provide DPR with a digital pdf file of the Tidebook in full.

D. Printing and Shipping Requirements:

Final design for the pages to be sent to the State Representative for approval.

Supplier must receive a written approval of proof before beginning production.

In order to reduce the use of plastic and unnecessary packing waste, packing material for shipping should minimize the use of plastic and paper products to the greatest extent possible.

Tidebooks delivery contact is currently to be determined (TBD) and will be provided to the contractor upon execution of this agreement.

Page: 1 2

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoicing and Payment

A. For services satisfactorily rendered, and upon receipt and approval of the final invoice, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified in

, marked Exhibit B, Attachment 1, which is attached hereto and made a part of this Agreement.

B. Invoices shall include the Agreement Number and shall be submitted at the completion of all work.

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

Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

4. Timely Submission of Final Invoice

A. A final undisputed invoice shall be submitted for payment no more than ninety (90) calendar days following expiration or termination date of this Agreement, unless a later or alternate deadline is agreed to in writing by the project representative. Said invoice should be clearly marked "Final Invoice," thus indicating that all payment obligations of the State under this Agreement have ceased and that no further payments are due or outstanding.

B. The State may, at its discretion, choose not to honor any delinquent final invoice if the Contractor fails to obtain prior written State approval of an alternate final invoice submission deadline. Written State approval shall be sought from the project representative prior to the expiration or termination date of this Agreement.

DPR 604 (Rev. 12/2021)(Excel 12/28/2021)

TBD

C24830001

Service Contracts Bid Form

EXHIBIT B

(Standard Agreement) of

Department of Parks and Recreation Attention: Vivian Matuk

455 Market Street, Suite 228 San Francisco, CA 94105 vivian.matuk@parks.ca.gov

Page: 2 2

BUDGET DETAIL AND PAYMENT PROVISIONS

5 Disabled Veterans Participation Goals

A.

B.

C.

DPR 604 (Rev. 12/2021)(Excel 12/28/2021)

TBD

C24830001

Upon completion of an awarded contract in which a commitment to achieve a DVBE goal was made, the prime contractor that entered into a subcontract with a DVBE is required to complete and submit form STD.

817 within 60 days to certify payment information to the awarding department, in accordance with Military and Veterans Code (M&VC) Section 999.5.

For contracts awarded on or after January 1, 2021, pursuant to M&VC Section 999.7, the State shall withhold ten thousand dollars ($10,000) from the final payment, or the full final payment if less than ten thousand dollars ($10,000), until the prime contractor complies with the certification requirements of M&VC Section

999.5. Prime contractors that fail to comply with the certification requirements shall be given notice and allowed to cure the defect. If after 15 calendar days but not more than 30 calendar days from the date of the notice, the prime contractor fails to comply with the certification requirements, the State shall permanently deduct ten thoursand dollars ($10,000) from the final payment, or the full payment if less than ten thousand dollars ($10,000). The withholding applies to all contracts with a DVBE subcontractor.

Notwithstanding any other law, an awarding department shall not withhold more than the amount specified on the final payment of any disabled veteran business enterprise contract for the purposes of ensuring compliance with the certification requirements of M&VC 999.5.

EXHIBIT B

(Standard Agreement) of

DPR 940B (Rev. 5/2011)(Excel 5/5/2011)

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

SERVICE CONTRACTS BID FORM

DATE

UNIT

Interpretation & Education

PROJECT

Northern California Tides and Currents Books

BID OPENING

FIRM NAME FAX NO.

ADDRESS CITY/STATE/ZIP CODE

STATUS OF BUSINESS (check appropriate box.)

Individual.

Corporation. State in which incorporated:

Partnership. Full names of partners:

DEPARTMENT OF PARKS AND RECREATION

TITLE

DATE

BIDDER'S PRINTED NAME

LICENSE CLASSIFICATION ARE YOU CLAIMING PREFERENCE AS A SMALL BUSINESS?

NoYes. Small Business Certification No.

THE STATE RESERVES THE RIGHT TO WAIVE ANY IRREGULARITY IN ANY BID OR TO REJECT ANY OR ALL BIDS.

The undersigned hereby proposes to furnish services, materials, or equipment, or to perform all work required in accordance with the bid documents for the foregoing titled project, and such addenda thereto as may be issued prior to bid opening date.

Nondiscrimination Compliance Statement The prospective contractor's signature affixed hereon and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the bidder has, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Code of Regulations Section 8103.

Disabled Veteran Business Enterprise Participation In accordance with Public Contract Code Section 10115, the Department of Parks and Recreation has established criteria to implement the disabled veteran business enterprise (DVBE) program goal which bidder must meet; provided, however, the DVBE participation requirement is included herein and made part of the bid documents. (See DVBE Notice included in solicitation for details.)

Small Business Preference A five percent preference will be granted to any bidder currently certified by the Department of General Services as a California Small Business. (See Small Business Notice included in solicitation for details.)

Exhibit B, Attachment 1

PHONE NO.

BIDDER'S SIGNATURE (Signature)

FEDERAL EMPLOYER ID NO.

CONTRACT NUMBER

C24830001

The undersigned is duly authorized to submit this bid on behalf of the company.

8/13/2024

EXHIBIT B, ATTACHMENT I

Service Contracts Bid Form

Services Unit or Quantity Price Total Tidebooks (price per book) $ $

Shipping $ $

Sales Tax (8.75%) $ $

FINAL

AGREEMENT

TOTAL

ANNUAL

TOTAL=

= $ X 3 Years $

5,300

Page: 1 5

SPECIAL TERMS AND CONDITIONS

1. Insurance Requirements

A. Policy

B. Coverage (Additional coverage beyond the following, when required, shall be identified through an attachment to this exhibit.)

C. Endorsements (The following must appear on the Endorsement Page.)

D. Contractor’s Additional Responsibilities

DPR 605S (Rev. 10/2013)(Excel 10/28/2013)

C24830001

TBD

EXHIBIT D — SERVICES

(Standard Agreement) of

When Contractor submits a signed agreement to State, Contractor shall furnish to State a Certificate(s) of Insurance and endorsements in compliance with the following requirements:

Additional Insured: That the State of California, its officers, agents, employees and servants are included as additional insured, but only insofar as the operations under this agreement are concerned. The endorsements are to be provided for the general liability and motor vehicle liability policies.

Waiver of Subrogation: When work is performed on State-owned or controlled property the Workers' Compensation and Employers' Liability policy shall be endorsed with a waiver of subrogation endorsement in favor of the State. This endorsement shall also be provided.

The Certificate of Insurance shall: (a) be in a form acceptable to State; (b) be written by an insurer acceptable to State; (c) be maintained at Contractor’s sole expense; (d) be in full force for the complete term of the agreement; (e) be primary, and not in excess to any insurance carried by State; (f) be furnished to State within fifteen (15) days, upon request.

General Liability Insurance: Contractor shall procure commercial general liability insurance covering liability arising out of premises operations, products/completed operations, independent contractors, personal/advertising injury and liability assumed under an insured contract with limits not less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. Said policy shall apply separately to each insured against whom any claim is made or suit is brought subject to Contractor’s limits of liability.

Motor Vehicle Liability Insurance: Contractor shall maintain motor vehicle liability insurance with limits not less than $1,000,000 combined single limit each accident. Such insurance shall cover liability arising out of an accident involving a motor vehicle in use by Contractor, including, but not limited to, Contractor owned, hired, and non-owned motor vehicles.

Worker’s Compensation and Employer’s Liability Insurance: Contractor shall maintain statutory worker’s compensation and employer’s liability insurance for all of Contractor’s employees who will be engaged in the performance of work on the property, including special coverage extensions where applicable.

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

Contractor shall notify the State within ten (10) days of contractor receiving a notice of cancellation or non-renewal of insurance policies required in this agreement.

Page: 2 5

E. Insurance Companies

F. State Remedies

2. Licenses and Permits

DPR 605S

C24830001

TBD

of

Contractor shall be an individual or firm licensed to do business in California and shall obtain at its expense all license(s) and permit(s) required by law for accomplishing any work required in connection with this agreement.

If Contractor is located within the State of California, a business license from the city/county in which it is headquartered is necessary; however, if Contractor is a corporation, a copy of the incorporation documents/letter from the Secretary of State’s Office can be submitted. If Contractor is located outside the State of California, Contractor shall submit to State a copy of the business license or incorporation papers for the respective state showing that the company is in good standing within that state.

In the event, any license(s) and/or permit(s) expire at any time during the term of this agreement, Contractor agrees to provide State with a copy of the renewed license(s) and/or permit(s) within 30 days following the expiration date. In the event Contractor fails to keep in effect at all times all required license(s) and permit(s), State may, in addition to any other remedies it may have, terminate this agreement upon occurrence of such event.

EXHIBIT D — SERVICES

(Standard Agreement)

Contractor shall ensure that all subcontractors procure insurance meeting the requirements of these provisions.

Upon State’s request, Contractor shall provide copies of its Worker’s Compensation and Employer’s Liability Insurance.

Concurrent with the execution of this agreement, Contractor shall provide to State evidence that the insurance required to be carried by these provisions, including any endorsement affecting the additional insured status, is in full force and effect and that premiums therefore have been paid. At State’s discretion, such evidence shall be the appropriate ACORD Form (Certificate of Insurance) or a certified copy of the original policy, including all endorsements.

Upon notification by State of receipt of a notice of cancellation, expiration, or any reduction in coverage, or if the insurer commences proceeding or has proceeding commenced against it, indicating the insurer is insolvent, Contractor shall provide to State evidence of replacement policy at least ten (10) working days prior to the effective date of such cancellation, expiration, or reduction in coverage.

Insurance companies issuing any of the policies required by these provisions shall have a rating classification of “A-” or better and a financial size category rating of “vii” or better according to the latest edition of the A.M. Best Key Rating Guide. Any other rating classification requires State approval.

All insurance companies issuing any of the policies required by these provisions shall be licensed to do business in the State of California.

Should Contractor fail to keep the insurance required to be carried by these provisions in full force and effect at all times, State may in addition to any other remedies State has, terminate this agreement immediately and all payments due or that become due will be withheld until notice is received by State that such insurance has been restored or replaced to full force and effect and that the premiums therefore have been paid to cover a period of time satisfactory to State.SAMPLE

Page: 3 5

3. Disputes

4. Termination for Convenience

5. Force Majeure

6. Forced, Convict, and Indentured Labor

7. Potential Subcontractors

DPR 605S

C24830001

TBDEXHIBIT D — SERVICES

(Standard Agreement) of

Except for defaults of subcontractors, neither party shall be responsible for delays or failures in performance resulting from acts beyond the control of the offending party. Such acts shall include but shall not be limited to acts of God, fire, flood, earthquake, other natural disaster, nuclear accident, strike, lockout, riot, freight embargo, public regulated utility, or governmental statutes or regulations superimposed after the fact. If a delay or failure in performance by Contractor arises out of a default of its subcontractor, and if such default of its subcontractor, arises out of causes beyond the control of both Contractor and subcontractor, and without the fault or negligence of either of them, Contractor shall not be liable for damages of such delay or failure, unless the supplies or services to be furnished by subcontractor were obtainable from other sources in sufficient time to permit Contractor to meet the required performance schedule.

Unless otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which cannot be resolved informally shall be decided by the following two-step procedures.

Contractor must provide written notice of the particulars of such disputes to the Project Manager or his/her duly appointed representative. The Project Manager must respond in writing within ten (10) working days of receipt of the written notice of dispute. Should Contractor disagree with the Project Manager’s decision, Contractor may appeal to the second level. Pending the decision on appeal, Contractor shall proceed diligently with the performance of this agreement in accordance with the Project Manager’s decision. The second level appeal must indicate why the Project Manager’s decision is unacceptable, attaching to it Contractor’s original statement of the dispute with supporting documents, along with a copy of the Project Manager’s response. The second level appeal shall be sent to the Deputy Director of Administrative Services or his/her duly appointed representative.

The second level appeal must be filed within fifteen (15) working days of receipt of the Project Manager’s decision. Failure to submit an appeal within the period specified shall constitute a waiver of all such right to an adjustment of this agreement. The Deputy Director or designee shall meet with Contractor to review the issues raised. A written decision signed by the Deputy Director or designee shall be returned to Contractor within fifteen

(15) working days of the receipt of the appeal.

State reserves the right to terminate this agreement subject to 30 days written notice to Contractor. Contractor may submit a written request to terminate this agreement only if State should substantially fail to perform its responsibilities as provided herein.

No foreign-made equipment, materials, or supplies furnished to State pursuant to this agreement may be produced in whole or in part by forced labor, convict labor, or indentured labor. By submitting a bid to State or accepting a purchase order, Contractor agrees to comply with this provision of this agreement.

Nothing contained in this agreement or otherwise, shall create any contractual relation between State and any subcontractors, and no subcontract shall relieve Contractor of its responsibilities and obligations hereunder.

Contractor agrees to be as fully responsible to State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons

Page: 4 5

8.

9. Priority Hiring Considerations for Contracts with a Value of $200,000

10. Intellectual Property

11. Executive Order N-6-22 Russian Sanction

DPR 605S

C24830001

TBD

of

Excise Tax (Solely applicable to certain specified goods or articles manufactured or produced in the Philippines for domestic sale or consumption or for any other disposition and to things imported in to the Philippines.)

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.

If the resulting agreement will have a total value of $200,000 or more, Contractor is hereby advised that it will be obligated to give priority consideration in filling vacancies in positions funded by the resulting agreement to qualified recipients of aid under Welfare and Institutions Code Section 11200. This requirement shall not interfere with or require a violation of a collective bargaining agreement, a federal affirmative action obligation for hiring disabled veterans of the Vietnam era, or nondiscrimination compliance laws of California and does not require the employment of unqualified recipients of aid.

EXHIBIT D — SERVICES

(Standard Agreement) directly employed by Contractor. Contractor's obligation to pay its subcontractors is an independent obligation from State's obligation to make payments to Contractor. As a result, State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

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 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.

Any works developed during and/or pursuant to this agreement by Contractor, including all related copyrights and other proprietary rights therein, as may now exist and/or which hereafter come into existence, shall belong to State upon creation, and shall continue in State’s exclusive ownership upon termination of this agreement. Contractor further intends and agrees to assign to State all right, title and interest in and to such materials as well as all related copyrights and other proprietary rights therein.

Contractor agrees to cooperate with State and to execute any document or documents that may be found to be necessary to give the foregoing provisions full force and effect, including but not limited to, an assignment of copyright.

Contractor agrees not to incorporate into or make the works developed, dependent upon any original works of authorship or Intellectual Property Rights of third parties without first (a) obtaining State’s prior written permission, and (b) granting to or obtaining for State a nonexclusive, royalty-free, paid-up, irrevocable, perpetual, world-wide license, to use, reproduce, sell, modify, publicly and privately display and distribute, for any purpose whatsoever, any such prior works.

Page: 4 5

12. Generative Artificial Intelligence Disclosure

DPR 605S

TBD

C24830001 of

EXHIBIT D — SERVICES

(Standard Agreement)

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies. Bidders/Offerors must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors. The State has developed a GenAI Disclosure & Factsheet (STD 1000) to be completed by the Bidder/Offeror. Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Bidder/Offeror and may void any resulting contract The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure. Upon receipt of a Bidder/Offeror GenAI Disclosure & Factsheet, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.