C25910002_Invitation_for_Bid.pdf

CALIFORNIA STATE PARKS

INVITATION FOR BIDS

La Purisima Mission State Historic Park

Consultant to Provide Support with Interpretive Media

Contract Number: C25910002

September 2025

State of California Natural Resources Agency

Department of Parks and Recreation Channel Coast District

State of California Natural Resources Agency Gavin Newsom, Governor

DEPARTMENT OF PARKS AND RECREATION Armando Quintero, Director

Channel Coast District 911 San Pedro Street Ventura, CA 93001

INVITATION FOR BID

Notice to Prospective Bidders

September 12, 2025

You are invited to review and respond to an Invitation for Bid (IFB), entitled La Purisima Mission State Historic - Consultant to Provide Support with the Interpretive Media in La Purisima Mission SHP, Lompoc, CA, 93436 within the Channel Coast District. via;

email ccdbid@parks.ca.gov, or mailed to California State Parks – Channel Coast District 911 San Pedro Street, Ventura, CA 93001. In submitting your bid, you must comply with these instructions. Bids must be received by September 29, 2025, at 2:00

PM.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at Internet site https://www.dgs.ca.gov/OLS/Resources/. If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

In the opinion of The Department of Parks and Recreation, this Invitation for Bid is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact person for this IFB is:

Ann Boggess Department of Parks and Recreation

Channel Coast District

(805) 588-5396

It is the responsibility of the bidder to review the solicitation pack in its entirety for complete understanding of performance expectations and contracting conditions.

Submittal of a bid acknowledges that the bidder has review the solicitation pack in its entirety and completely understands the performance expectations and contracting conditions under solicitation C25910002.

Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum.

Suzie Cortez Contract Administrator

NATURAL RESOURCES AGENCY OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION

La Purisima Mission SHP, Channel Coast District Consultant to Provide Support with Interpretive Media

TABLE OF CONTENTS

Items Number of Pages

Small Business Notice (DPR 478) ----------------------------------------------------------------- 3

Disabled Veteran Business Enterprise (DVBE) Notice (DPR 479IW) ---------------------- 5

Table of Contents --------------------------------------------------------------------------------------- 1

Service Invitation for Bids (DPR 940A) ----------------------------------------------------------- 3

Standard Agreement (STD 213) (Sample) -------------------------------------------------------- 23

Small Business Preference (DPR 85) (Sample) ------------------------------------------------- 1

DARFUR Contracting Act Certification (DPR 74) (Sample) ---------------------------------- 1

Bidder’s DVBE Participation (DPR 486) (Sample) ---------------------------------------------- 1

Disabled Veteran Business Enterprise Declarations (DGS PD 843) (Sample) ---------- 1

Contractor’s Actual SB/MB & DVBE Participation (DPR 489) (Sample) ------------------- 1

Payee Data Record (STD 204) (Sample) --------------------------------------------------------- 2

Payee Data Supplement (DPR 88) (Sample) ---------------------------------------------------- 2

Bid Documents

Cover and Checklist ------------------------------------------------------------------------------------- 2

Exhibit A, Attachment 1 – Resume(s) of Kep Personnel -------------------------------------- 1

Exhibit B, Attachment 1 – Cost Sheet-------------------------------------------------------------- 2

Small Business Subcontractor Participation Worksheet (DPR 85) ------------------------- 1

DARFUR Contracting Act Certification (DPR 74) ------------------------------------------------ 1

Bidder’s DVBE Participation (DPR 486) ----------------------------------------------------------- 1

Disabled Veteran Business Enterprise Declarations (DGS PD 843) ----------------------- 1

Payee Data Record (STD 204) ---------------------------------------------------------------------- 2

Payee Data Supplement (DPR 88) ----------------------------------------------------------------- 2

CCC-4/2017 Certification ---------------------------------------------------------------------------- 4

C25910002

Date:

Time:

Location:

at

December 1, 2025 or upon DGS approval through November 30, 2027 or two (2) years after DPR approval, whichever is later.

Department of Parks and Recreation

Contact Person:

Phone No.:

E-mail:

DPR 940A (Rev. 9/2023)(Excel 9/13/2023)(Page 1 of 3)

Channel Coast District

Ventura, CA 93001 911 San Pedro Street suzanne.cortez@parrks.ca.gov

Suzie Cortez 805-648-9934

2295 Purisima Road, Lompoc, CA 93436

September 29, 2025

2:00 PM

Channel Coast District Office 911 San Pedro Street Ventura, CA 93001

Provide services of a consultant to provide support with the Interpretive Media at La Purísima Mission State Historic Park Project. Specifically, the contractor will support State Parks with facilitation related to Native American Coordination with appropriate Tribal representatives.

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

Prospective bidders may examine and obtain specifications and bid forms, or receive assistance with questions regarding this Invitation for Bids by calling, e-mailing or mailing a request to:

1.

At the above time and place the bids will be publicly opened and read for furnishing services, material, or equipment, or to perform all work required to:

complete and ready for use in accordance with plans and specifications and such addenda as may be issued prior to bid opening date.

Additional requirements/information are as follows:

A. The Contractor is qualified to do business in the State of California.

The Contractor must have a minimum of three (3) years of experience providing relevant professional experience in cultural resource management and Tribal Consultation in California (a comparable combination of advanced education and relevant experience will also be considered).

B. MA degree (or higher) in Anthropology or Archaeology.

Proven expertise in environmental policies and regulations (CEQA, NEPA, NHPA/Section 106).

Registered Professional Archaeologist (RPA) credential preferred but not required.

C. The Contractor must be able to engage in open, respectful, ongoing coordination of consultation with appropriate California Native American tribes or groups on the proper management of areas, places, objects or burials associated with their heritage, sacred sites and traditional cultural properties or cultural traditions in the State Park System.

The anticipated performance period of the contract is

Bids shall take into consideration all such conditions as may affect the work. Bidder should carefully examine the entire bid documents and become fully aware of the nature and location of the work, the quantities of work, and conditions to be encountered in performing the work.

2. Bid documents consist of all forms, instructions, notices, specifications, and any addenda thereto, that describe the project or services to be performed and the requirements for bidding. All bidders are responsible to inquire as to addenda issued.

Sealed bids will be accepted by the Department of Parks and Recreation until the following date and time, at the following location.

3. Bids shall be submitted in duplicate a sealed envelope. This envelope shall include the return address of the bidder, be marked "Bid - Do Not Open" and delivered to the place shown above prior to the time and date of the bid opening. It is the responsibility of the bidder to ensure that his/her bid is received in proper time.

Facsimile (Fax) responses will not be considered.

SERVICE CONTRACTS

INVITATION FOR BIDS/INSTRUCTIONS TO BIDDERS

CONTRACT/BID NO.:

4. No bids will be accepted after the date and time set for the bid opening.

5. Prices shown on the Bid Form shall include all applicable taxes and other items of expense incident to the bid price.

6. Any bid may be withdrawn prior to the hour fixed above, provided that the written request for withdrawal is submitted by the bidder or his/her duly authorized representative and filed at, e-mailed to or sent by FAX to the place shown above. An oral or other form of request to withdraw a bid is not acceptable.

7. Bids will be opened and read publicly at the time and place indicated above. Bidders or their authorized agents are invited to be present.

8. Bids may be rejected if they show any alterations to form, additions not called for, conditioned bids, incomplete bids, or irregularities of any kind. Only those bids which cover all the work outlined will be considered. The State reserves the right to reject any or all bids.

9. If the contract is awarded, it will be awarded to the lowest responsible bidder whose bid complies with the prescribed requirements.

10. In the case of a tie bid, the determination of a successful bidder will be made by a coin toss in the presence of all interested bidders, at a time and date set by the originating office.

11. All bids shall remain valid for 30 calendar days after the bid opening date.

12. The basic agreement for contracting with the State, "STD. 213 - Standard Agreement," is included in bid documents in sample form for informational purposes.

13. The contract shall be signed by the successful bidder and returned within five (5) working days after the bidder receives notice that the contract has been awarded.

14. The contract shall be a binding contract upon the State only after approval by the State.

DPR 940A (Rev 9/2023)(Page 2 of 3)

15. 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 unless the contract has been Federalized (i.e. there is federal participation in any phase). By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. 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 rejection of Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

A. Upon written request by any bidder who has submitted a bid, the agency must post a notice of the proposed contract award in a place accesible by the general public including any internet site identified in the IFB at least five days prior to awarding the contract.

If contract is not awarded to the low bidder, the low bidder shall be notified by FAX, overnight courier, e-mail, or personal delivery five

(5) working days prior to the award of contract.

Procedure for Protesting an Award

DPR 940A (Rev. 9/2023)(Page 3 of 3)

A copy of the written protest should be sent to:

Department of Parks and Recreation Administrative Services Division Manager, Contract Services Unit

P.O.Box 942896 Sacramento, CA 94296-0001

Protests of award shall be in writing and filed with:

Department of General Services Office of Legal Services

Attention: Protest Coordinator 707 Third Street, 7th Floor

West Sacramento, CA 95605 Email: OLSProtests@dgs.ca.gov

B. Inspection of bids is permitted as follows:

1. After bid opening, all bids shall be available for public inspection.

C. There are time limits in which to file a protest. A protest must be filed with the agency and DGS after notice of intent to award the contract, but before the actual award.

D. Once a protest is filed the contract may not be awarded until the protest is withdrawn or DGS has rendered a decision.

E. After filing a protest, the protestant has five calendar days to file a detailed written statement of the protest grounds if the original protest did not contain the complete grounds for the protest.

2. The term of this Agreement is:

Suzanne Cortez

SAMPLE

Contractor Name:

Agreement Number: C25910002

EXHIBIT A

SCOPE OF WORK

1. PROJECT SUMMARY

A. The objective of this contract is for the Department of Parks and Recreation (DPR) to secure the services of a consultant to provide support with the Interpretive Media at La Purísima Mission State Historic Park Project. Specifically, the contractor will support State Parks with facilitation related to Native American Coordination with appropriate Tribal representatives. La Purísima Mission State Historic Park is subject to the State Park’s “Reexamining Our Past Initiative,” and as such, requires a qualified cultural resources team to provide ongoing support, including facilitating meetings with Consulting Tribes, responding to data requests, tracking meetings and action items, and documenting Tribal input on the co-creation of interpretive themes and narratives grounded in Indigenous knowledge, stories, and experience. The contractor will provide payment to participating Tribal representatives for their cultural expertise.

B. The services will be performed remotely or at the following location(s):

La Purisima Mission State Historic Park 2295 Purisima Rd.

Lompoc, CA 93436

Allan Hancock College 1 Hancock Dr.

Lompoc, CA 93436

The services shall be provided during normal business hours of 8:00am to 5:00 pm, Monday through Friday, excluding State and Federal holidays.

2. PROJECT REPRESENTATIVES

A. The Contract Administrators during the term of this Agreement will be:

Department of Parks and

Recreation Contractor

Agency | Contractor: Channel Coast District/ La Purisima Mission SHP

Name and Title: Ann Boggess, State Park Interpreter lll Address: 911 San Pedro St.

City, State, Zip: Ventura, CA 93001 Phone Number: 805-588-5396 E-mail Address Ann.boggess@parks.ca.gov

B. The State reserves the right to identify a DPR Designated Representative in the absence of the DPR Contract Administrator.

C. Any changes to the Contractor’s Contract Administrator must be immediately reported in writing no later than 5 business days to the DPR Contract Administrator or DPR Designated Representative.

3. MINIMUM QUALIFICATION REQUIREMENTS

A. The Contractor is qualified to do business in the State of California.

The Contractor must have a minimum of three (3) years of experience providing relevant professional experience in cultural resource management and Tribal Consultation in California (a comparable combination of advanced education and relevant experience will also be considered).

B. MA degree (or higher) in Anthropology or Archaeology.

Proven expertise in environmental policies and regulations (CEQA, NEPA, NHPA/Section 106).

Registered Professional Archaeologist (RPA) credential preferred but not required.

C. The Contractor must be able to engage in open, respectful, ongoing coordination of consultation with appropriate California Native American tribes or groups on the proper management of areas, places, objects or burials associated with their heritage, sacred sites and traditional cultural properties or cultural traditions in the State Park System.

4. PERFORMANCE DETAILS

This is a deliverable based contract and payment will be provided upon delivery and acceptance of the tasks and deliverables outlined below.

SERVICES: Coordinate and Facilitate Tribal Meetings

Meetings will be either in person or virtual depending on the Tribal representative’s preferences. Contractor will provide the following for meetings:

Coordinate meeting availability dates and times with Tribal representatives and State DPR staff

Collaborate with DPR staff to create meeting agendas, objectives and speaking roles during meetings.

In-Person Meetings:

Coordinate monthly in-person meetings of two hours each over 3 years with appropriate Tribal representatives in Lompoc, CA, with Tribal Coordination Contractor and State

DPR staff. Monthly meetings depend on Tribal representatives and DPR staff availability.

Contractor will schedule and pay for offsite meeting facilities.

The contractor’s primary role will be to support State Parks as an active listener and to document tribal input and identified action items.

Contractor will seek approval from Tribal representatives to record meetings. If approved by Tribal representatives’ meetings are to be recorded using a digital voice recorder. If authorized by tribal representatives, the audio recording will be transcribed using speech-to-text software. The meeting transcript will be shared with the meeting attendees and any other approved parties who cannot attend in person. The transcript will be verbatim (assuming adequate audio quality) and will be presented as a line-numbered Word document. Attendees will be able to review the transcript and request redactions of any materials they do not want to appear in the final archived transcript. A recording release form will be given to each attendee to sign upon first meeting attendance. The meeting will not be recorded if any attendee does not agree to sign the release. In this case, the contractor will coordinate with State Parks to compile a summary of the meeting and action items, but this would not represent a complete transcript of the meeting discussion.

Results:

Recording Release Form completed and signed

Verbatim Transcripts of all meetings (or Meeting and Action Items Summary for any unrecorded meetings)

Summary of identified action items

Virtual Meetings:

Contractor will coordinate any optional virtual meetings in lieu of in person meetings and depending on preference of Tribal representatives. Meetings will be up to two hours each with State Parks, Tribal representatives, and the contractor.

This task includes the coordination of virtual meetings with State Parks, Tribal representatives, and the contractor. The contractor will attend the virtual meeting and coordinate with State Parks to confirm the objectives and speaking roles for the meeting. The contractor’s primary role at will be to support State Parks as an active listener and to document tribal input and identified action items. All virtual meetings are to be recorded, and the closed caption function be active during these calls. This information will then be shared with the meeting attendees and anyone who cannot attend in person. If all attendees do not agree that the meeting should be recorded, the contractor will coordinate with State Parks to compile a summary of the meeting and action items, but this will not represent a complete record of the content of the meeting.

Results:

Recording of Meeting and/or Meeting Notes.

5. CONTRACTOR’S RESPONSIBILITIES

A. Provide a Project Manager or Project Lead who will manage the Contractor’s project tasks, schedules, and resources.

B. Conduct monthly status report meetings that shall include, but are not limited to, project status, activities performed during the reporting period, a summary of any outcomes and findings per activity; deliverable status, project issues and risks, and a summary of identified next steps or future actions needed.

C. Provide written quarterly status reports to the DPR Project Manager with billing statement to include Tribal representative payments.

D. Complete all tasks and deliverables in accordance with this Scope of Work (SOW).

E. Immediate notification to DPR, in writing, of any changes in the personnel assigned to the tasks. If a Contractor’s employee is unable to perform due to illness, resignation, or other factors beyond the Contractor’s control, the Contractor shall make every reasonable effort to provide suitable substitute personnel. The substitute personnel shall have equal or better qualifications, meet all requirements, and must be approved by the DPR Project Manager or Project Lead in advance of performing any work under this Agreement.

F. Provide materials and any tools necessary to perform the tasks/services described in this

SOW.

G. Communicate with the DPR Project Manager or Project Lead in a timely manner to complete tasks outlined in this SOW.

6. DPR RESPONSIBILITIES

A. Provide knowledgeable DPR staff that will be available in a timely manner to respond to questions and work products.

B. Provide the Contractor access to project-related information and the DPR facilities, as needed.

C. Provide feedback on the Contractor’s performance.

D. Schedule meetings and conference calls.

E. Approve/reject invoices.

F. DPR will prepare and complete post evaluations on form STD 4 Contractor Evaluation form for all completed consulting services contracts of $5,000 or more, within 60 days after completion of the contract. When a negative finding is made, the Contractor Evaluation form shall be forwarded to Department of General Services (DGS)/Office of Legal Services (OLS) within five (5) days of completion of the evaluation.

7. DELIVERABLES AND TIMELINE

Task # Deliverable Due Date

Approved project framework and work plan detailing deliverables, timelines, meeting schedules and outreach, and overall project completion.

Within 30 days of contract term begin date

Specify the outcome of the deliverable from Section 4 Performance Details

Ongoing throughout term of contract

Coordinate meeting availability dates, times, and locations with Tribal representatives and DPR Staff.

Monthly to begin within 15 days of date.

Collaborate with DPR staff to create meeting agendas and speaking roles.

Monthly within 1 week prior to meeting date for each meeting coordinated throughout term of contract.

Contractor will schedule and pay for offsite meeting facilities and provide DPR with receipt of payments.

Secure site as needed within 40 days of contract term begin date.

Coordinate up to 36 meetings of two (2) hours each over three (3) years with appropriate Tribal representatives, Tribal Coordination Contractor and DPR staff.

Within 40 days of

Contractor will seek approval of in person meetings to be recorded. If approved by Tribal members, meetings are to be recorded using a digital voice recorder. If authorized by tribal representatives, the audio recording will be transcribed using speech-to-text software.

Per all in person meetings.

Contractor will share meeting transcripts with the meeting attendees and any other approved parties who could not attend in person. The transcript will be verbatim (assuming adequate audio quality) and will be presented as a line-numbered Word document. Attendees will be able to review the transcript and request redactions of any materials they do not want to appear in the final archived transcript. A recording release form will be given to each attendee to sign upon first meeting attendance. The meeting will not be recorded if any attendee does not agree to sign the release. In this case, the contractor will coordinate with DPR to compile a summary of the meeting and action items, but this would not represent a complete transcript of the meeting discussion.

Transcripts will be distributed within 1 week after

Contractor will coordinate any optional virtual meetings depending on preference of Tribal representatives approximately two (2) hours each with DPR, Tribal representatives, and the contractor. The contractor will attend the virtual meeting and coordinate with State Parks to confirm the objectives and speaking roles for the meeting. The contractor’s primary role at will be to support State Parks as an active listener and to document tribal input and identified action items. All virtual meetings are to be recorded, and the closed caption function be active during these calls. This information will then be shared with the meeting attendees and anyone who could not attend in person. If all attendees do not

Meeting recording and / or meeting notes due within one (1) week of each meeting.

agree that the meeting should be recorded, the contractor will coordinate with State Parks to compile a summary of the meeting and action items, but this will not represent a complete record of the content of the meeting.

Contractor will facilitate meetings with Tribal representatives to establish interpretive media theme and narrative to facilitate signage, exhibits, and virtual tour projects.

Within first 8 months of

Contractor will facilitate collaboration meetings with Tribal representatives to develop themes and narrative to connect panels and signage.

Within the first 12 months of

Contractor will facilitate meetings to collaborate with Chumash to list, gather and produce videos, photos, artwork, and props needed for projects.

Within 3 months of confirmation of theme and narrative for media projects in task #11

Contractor will coordinate meeting to review final draft of signage plan with Tribal representatives and DPR staff and provide final changes as needed.

Within 3 months of list completion of task #12

Contractor will conduct monthly status report meetings that shall include, but are not limited to, project status, activities performed during the reporting period, a summary of any outcomes and findings per activity; deliverable status, project issues and risks, and a summary of identified next steps or future actions needed.

Provide written quarterly status reports to the DPR Project Manager.

Contractor will provide a Project Manager or Project Lead who will manage the Contractor’s project tasks, schedules, and resources.

On contract term begin date.

Contractor will provide immediate notification to DPR, in writing, of any changes in the personnel assigned to the tasks. If a Contractor’s employee is unable to perform due to illness, resignation, or other factors beyond the Contractor’s control, the Contractor shall make every reasonable effort to provide suitable substitute personnel. The substitute personnel shall have equal or better qualifications, meet all requirements, and must be approved by the DPR Project Manager or Project Lead in advance of performing any work under this Agreement.

Immediately upon any changes in Contractor’s personnel assigned to the tasks.

Beginning on

Communicate with the DPR Project Manager or Project Lead in a timely manner to complete tasks outlined in this SOW.

Beginning on

Provide materials and any tools necessary to perform the tasks/services described in this SOW.

Beginning on

Complete all tasks and deliverables in accordance with this Scope of Work (SOW).

By completion of project.

Complete final reports.

Within 30 days of completion of

Complete final meeting requirements. Within 30 days of completion of

9. ACCEPTANCE CRITERIA

A. Upon completion of each deliverable, the Contractor’s Project Manager and the DPR

Project Manager or assigned Project Lead will schedule the review and approval of the deliverable.

B. If a deliverable is not accepted, the DPR Project Manager shall provide rejection rationale within 10 days of deliverable review.

C. The Contractor understands that any DPR-requested revisions to any work products shall be incorporated by the Contractor within seven calendar days from the date in which the State provided its feedback unless a different timeframe is required and specified by DPR.

D. Upon approval of a deliverable, the Contractor may submit an invoice. The invoice will be signed by the DPR Project Manager or designee to confirm acceptance before invoices can be processed for payment.

EXHIBIT A, ATTACHMENT 1

RESUME(S) OF KEY PERSONNEL

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. INVOICING AND PAYMENT

A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor in accordance with the rates specified in Exhibit B, Attachment 1, Cost Sheet, which is attached hereto and made part of this agreement.

B. Invoices shall include the Agreement number and shall be submitted not more frequently than monthly in arrears to:

Department of Parks and Recreation Channel Coast District

Attn: Accounting 911 San Pedro Street Ventura, CA 93001

Should an invoice be disputed, Contractor will correct any/all disputed items on the invoice and resubmit the invoice as indicated above. Failure to provide and resubmit corrected invoice will result in a delay of payment.

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 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.

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.

5. DISABLED VETERANS PARTICIPATION GOALS

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 thousand 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, ATTACHMENT 1

COST SHEET

The proposed rates will remain the same throughout the contract term and for any amendment should DPR exercise the right to extend the agreement for up to one additional year to complete the services.

The task rates shall include all costs associated with personnel, fringe benefits, operating expenses, and all other miscellaneous costs to be incurred for all contracted services mentioned in Exhibit A, Scope of Work.

Task

Deliverable Key Personnel

Classification

Hourly Rate Estimated Number of

Hours

Total Cost

1 Facilitation and coordination of meetings including task #4 thru task #10 Facilitate/ coordinate up to 36 meeting dates, locations, virtual invites, agendas, speaking roles, meeting recordings, transcripts and notes. Sharing of meeting notes, recordings and transcripts.

2 Facilitate Tribal collaboration to establish interpretive media themes, connect theme to signage and virtual tour projects within first 12 months of Tribal meetings.

List, gather and produce videos, photos, artwork and props needed for project within 3 months of theme confirmation.

3 Coordinate meeting to review final draft of signage / virtual tour project plan and provide final changes as needed within 3 months of acquiring list items props needed for project.

4 Conduct monthly status report meetings to include but not limited to, project status, activities performed during the reporting period, summary of any outcomes and findings per activity:

deliverable status, project issues and risks, and a summary of identified next steps or future action.

5 Provide written status reports to the DPR project manager.

Report will indicate who will manage the contract tasks, schedules and resources.

6 Provide immediate notification to DPR, in writing of any changes in the personnel assigned to the tasks.

Travel Related Expenses $

Total Contract Amount $

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. INSURANCE REQUIREMENTS

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:

A. Policy 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.

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

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.

Professional Liability Insurance: Contractor shall maintain Professional Liability covering any damages caused by a negligent error, act or omission with limits not less than $1,000,000 per claim and $2,000,000 policy aggregate. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive

Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of Five (5) years after completion of work.

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

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.

D. Contractor’s Additional Responsibilities

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.

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.

E. Insurance Companies

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.

F. State Remedies

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.

2. LICENSES AND PERMITS

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.

3. DISPUTES

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.

4. TERMINATION FOR CONVENIENCE

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.

5. FORCE MAJEURE

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.

6. FORCED, CONVICT AND INDENTURED LABOR

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.

7. POTENTIAL SUBCONTRACTORS

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 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.

8. 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.

9. PRIORITY HIRING CONSIDERATIONS FOR CONTRACTS WITH A VALUE OF $200,000

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.

10. INTELLECTUAL PROPERTY

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 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.

11. POLITICAL REFORM ACT COMPLIANCE (CONFLICT OF INTEREST, FPPC FORM 700)

A. Form 700 Disclosure: The State considers that the Contractor, subcontractor(s), and/or their key staff may be a consultant, i.e., a public official, within the meaning of the Political Reform Act, specifically Government Code §18701. Accordingly, as specified by the State, such persons shall complete a Form 700, Statement of Economic Interests, within thirty (30) days of the earlier of the date work commences or the effective date of this agreement, updated both annually and when changes in key staff or duties occur. Contractor may access Form 700 on the Fair Political Practices Commission's (FPPC's) website at www.fppc.ca.gov. Any questions regarding completion of the Form 700 should be addressed to the FPPC at its website or at (866) 275-3772. A leaving office statement must also be filed upon completion of all contract assignments.

B. Financial Conflict of Interest Prohibition: contractor must review the Form 700(s) filed by its key staff and contractors and determine whether, in light of the interest disclosed, performance under the contract could violate Government Code §87100. contractor shall notify the State immediately of any potentially disqualifying conflict of interest.

Government Code §87100 provides:

"No public official at any level of state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest."

C. Consequences of Failure to Comply with Political Reform Act Requirements: Any one of the following shall constitute a breach of this Contract and shall be grounds for immediate termination of the contract:

1. Failure to complete and submit all required Form 700s within the thirty (30) day period as required in paragraph 11(a) above or respond to any request from the State Personnel Officer for additional information regarding such Form 700s.

2. Failure to notify State of a potentially disqualifying conflict of interest.

3. Failure to notify State of a potentially disqualifying conflict of interest.

12. 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 shall be grounds for termination of this agreement.