C4310-105255-_IFB_Packet.pdf

CCC CMD, HAZWOPER Training

Agreement # C4310-105255

INVITATION FOR BID

NOTICE TO PROSPECTIVE

CALIFORNIA CONSERVATION CORP

*Trainings will be taking place in-person at different CCC Centers*

HAZWOPER Training

Contract #: C4310-105255 Bid Opening Date: 7/12/2024

@ 2:00 PM

You are invited to review and respond to this Invitation for Bid (IFB) # 31878 for California Conservation Corps, HAZWOPER Training Services.

The California Conservation Corps is committed to providing contracting opportunities to California Certified Small Businesses and Disabled Veteran Business Enterprises (DVBE).

In submitting your bid, you must comply with the instructions and requirements found herein. In the opinion of the California Conservation Corps, this IFB is complete and without need of explanation. However, if you have questions or need any clarifying information, please direct all questions through email at bidquestions@ccc.ca.gov. Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum.

No questions will be addressed via phone calls or in person on or before the bid.

All questions and answers must come through the above-mentioned email only.

Keeping the process fair for all. We will not accept questions via phone calls or in person.

Please be advised of Executive Order N-6-22 Russia Sanctions. On March 4, 2022, Governor Gavin Newson issued Executive Order (EO) N-6-22 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. By submitting a bid, Bidder represents that it is not a target of Economic Sanctions. Should the State determine Bidder is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds of rejection of the Bidder’s bid any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

GenAI Disclosure The State of California seeks to realize the potential benefits of Generative Artificial Intelligence (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 include, or makes available, any GenAI technology, including GenAI from third parties or subcontractors.

mailto:bidquestions@ccc.ca.gov

The State has developed a GenAI Disclosure and Factsheet (STD1000) to be completed by the Bidder/Offeror. Failure to disclose GenAI to the State and submit the GenAI Disclosure and 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 and 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.

Armando Avila Contracts Unit

(916) 341-3233 Armando.Avila@ccc.ca.gov mailto:Armando.Avila@ccc.ca.gov

NOTICE TO CONTRACTORS ............................................................................................................. 4-5

• Description and Location of Work

• Where to obtain bid package

• Estimated Cost

• Term of Agreement

• Bid Submission

• License Required

• Key Action Dates

• Payment Provisions

• Damage to State Property

• Prevailing Wage Rates

Model Contract ........................................................................................................... 6-20 Bidder Instructions .................................................................................................................. 21-38

• Definitions

• Submission Of Bids

• Solicitation Addendum (Addenda)

• Prices

• Cash Discounts

• Inspection Of Solicitation Documents

• Brand Names

• Evaluation Of Bids

• Conflict Of Interest

• Joint Bids

• Samples To Determine Responsiveness To Technical Requirements For Purposes

Of Award

• Specification Concerns

• Validity Of Bid

• Mistake In Bid

• State Rights

• Unfair Practices Act And Other Laws

• Violation Of Air Or Water Pollution Laws

• Non-Discrimination Toward WTO GPA Signatories

• Independence Of Bid

• Bid Evaluation Preferences

• Protests

• Independent Contractor Reporting Requirements

• Loss Leader

• Americans With Disability Act(ADA)

NOTICE TO CONTRACTORS

A. Description and Location of Work This bid is for the delivery of an on-site, in-person OSHA Compliant trainings. It will be a total of ten (10) CCC locations for a 40-hour HAZWOPER Training Course and three (3) for a 24-hour First Responder Awareness course. Please see breakdown of centers below:

40-Hour HAZWOPER Training

1. Fortuna Center

2. Ukiah/Willits Center

3. Solano Center

4. Delta Center

5. Monterey Center

6. Los Padres Center

7. Camarillo Center

8. Norwalk Center

9. Pomona/LA Center

10. San Diego Center

24-Hour First Responder Awareness Training

1. Ukiah/Willits Center

2. Delta Center

3. Norwalk Center

Addresses & Map can be found in Model Contract, Exhibit A & Exhibit B-2.

B. Where to obtain bid package Bid packages may be obtained electronically or by request in writing to California

Conservation Corps (CCC), 1719 24th Street, Sacramento, Attn: Business Services and Contracts Branch.

C. Estimated Cost The estimated cost of this Agreement is $95,000.00

D. Term of Agreement The term of this Agreement is Upon Approvals through 06/30/2025

E. Bid Submission All bids must be submitted via email to:

Armando.Avila@ccc.ca.gov

Email must read as follows:

Title of Email: “Bid #C4310-105255 DO NOT OPEN UNTIL 7/12/2024 @ 2:00 PM”

(Must include the Required Attachment List)

F. Key Action Dates:

EVENT DATE

IFB available to prospective Bidders 6/25/2024

Deadline to ask Questions 7/3/2024 at 4:00PM

Deadline to post Q&A to CaleProcure 7/5/2024 at 4:00PM

Final Date for Bid Submission 7/12/2024 by 2:00PM

Bid Opening 7/12/2024 at 2:00PM

Anticipated Intent to Award 7/15/2024

Last (5) day protest period 7/22/2024 Anticipated Award Date 7/22/2024

G. Payment Provisions

The contractor shall be paid per training in arrears, upon submission of an original and two copies of the invoice, which properly details all charges, expenses, direct and indirect costs and upon written final acceptance of the agreement. Progress payments may be available with a Performance Bond. The number of payments will be determined at contract award.

H. Damage to State Property In the event that any State property is damaged as a result of the actions of the Contractor, or its employees, the Contractor shall repair, at its sole expense, the damage which has occurred during the removal or installation efforts. Repair efforts must be performed in a manner in which ensures all applicable warranties are maintained for any products damaged.

Repair efforts shall include the full costs for all required labor and materials.

I. Prevailing Wage Rates In accordance with the provisions of Section 1770, 1773 and 1773.1 of the Labor Code, the Director of the Department of Industrial Relations has ascertained general prevailing wage rates in the county in which the work is to be performed. The rates of prevailing wage are determined by the Department of Industrial Relations (DIR), Labor Statistics and Research.

The Prevailing Wage Rages as specified by the Department of Industrial Relations are available on the DIR website, www.dir.ca.gov/DLSR/Pwd.

mailto:Armando.Avila@ccc.ca.gov http://www.dir.ca.gov/DLSR/Pwd

STATE OF CALIFORNIA

STANDARD AGREEMENT

STD 213 (Rev 06/03) AGREEMENT NUMBER

C4310-105255

REGISTRATION NUMBER

1. This Agreement is entered into between the State Agency and the Contractor named below:

STATE AGENCY'S NAME

California Conservation Corps

CONTRACTOR'S NAME

2. The term of this Upon Approvals through June 30, 2025

Agreement is:

3. The maximum amount $ of this Agreement is: dollars and no cents

4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.

Exhibit A – Scope of Work 2 Pages

Exhibit B – Budget Detail and Payment Provisions 3 Pages

Exhibit B-1 – Cost Sheet 2 Pages

Exhibit B-2 – CCC Map 1 Page

Exhibit C – General Terms and Conditions 4 Pages

Exhibit D – Special Terms and Conditions 2 Pages

Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

CONTRACTOR California Department of General Services Use Only

Exempt per:

Government Code Section 100505

CONTRACTOR’S NAME (if other than an individual, state whether a corporation, partnership, etc.)

BY (Authorized Signature)

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING

ADDRESS

STATE OF CALIFORNIA

AGENCY NAME

California Conservation Corps BY (Authorized Signature)

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING

ADDRESS

1719 24th Street, Sacramento, CA 95816 http://www.ols.dgs.ca.gov/Standard%2BLanguage

Exhibit A

Scope of Work

[Contractor] agrees to provide the California Conservation Corps herein after referred to as “CCC” with HAZWOPER Training.

Contract Manager: Juan Muy (916) 341-3130

Project Location(s):

40-Hour HAZWOPER Training

1. Fortuna Center

➢ 1500 Alamar Way, Fortuna, CA 95540

2. Ukiah/Willits Center

➢ 600 E Hill Road, Willits, CA 95490

3. Solano Center

➢ 1020 Chadbourne Rd, Fairfield, CA 94534

4. Delta Center

➢ 7000 S. Newcastle Rd, Stockton, CA 95215

5. Monterey Center

➢ 30 Aviation Way, Watsonville, CA 95076

6. Los Padres Center

➢ 1530 Madera Ave, San Luis Obispo, CA 93401

7. Camarillo Center

➢ 3200 Wright Road, Camarillo, CA 93010

8. Norwalk Center

➢ 11401 South Bloomfield Ave, Norwalk, CA 90650

9. Pomona/LA Center

➢ 3530 West Pomona Blvd, Pomona, CA 91768

10. San Diego Center

➢ 401 West 35th St, Suite A, National City, CA 91950

24-Hour First Responder Awareness Training

1. Ukiah/Willits Center

➢ 600 E Hill Rd, Willits, CA 95490

2. Delta Center

➢ 7000 S. Newcastle Rd, Stockton, CA 95215

3. Norwalk Center

➢ 11401 South Bloomfield Ave, Norwalk, CA 90650

Agreement [C4310-105255] California Conservation Corps/[Contractor Name]

Exhibit A

Scope of Work

SCOPE OF WORK:

The California Conservation Corps (CCC) is a state agency that oversees a program for 18–25-year old’s through hands-on work and training to support California’s natural resources as well as respond to state declared emergencies such as oil spills, earthquakes, fire, etc. HAZWOPER training and certification are critical for CCC Corpsmembers to ensure they are ready to safely respond to these disasters and to help build their skills towards potential future career opportunities.

The training course must meet the following Cal OSHA guidelines that are listed in detail on this site:

https://www.osha.gov/laws-regs/regulations/standardnumber/1926/1926.65 in the specific areas listed below:

• First Responder 1926.65(q)

• HAZWOPER 1926.65(e)

The contractor will deliver an on-site, in-person OSHA Compliant trainings at sites determined by the CCC for the two courses below. Class size is 30 maximum students, minimum enrollment of 15. Instruction must be engaging and taught through various learning modalities.

1. 40-hour HAZWOPER Training Course delivered at ten (10) CCC locations

2. 24- hour First Responder Awareness delivered at three (3) CCC locations

The CCC will be responsible for assisting the contractor with scheduling the courses throughout the State of CA starting July 1, 2024- June 30, 2025.

Contractor should include and/or incorporate the following elements in the completed course package (invoiced as a single combined line item):

• Student textbooks per class (physical and/or digital copies)

• Provide hands-on practice in addition to written reference materials

• Provide the most current Emergency Response Guidebook (ERG) per student

• Provide an industry recognized completion certificate (electronic) per student, per course

• Provide education on career pathways and introduce students to potential employers that require or preferential hiring for positions with a HAZWOPER certification

• Purchase all necessary supplies and training materials and aids related to the training that are not provided by the CCC. The CCC will provide basic PPE per student (gloves, tyveks, masks, tape, rubber boots)

• Cost of travel (including hotel and per-diem at the current state rate)

Agreement [C4310-105255] California Conservation Corps/[Contractor Name] https://www.osha.gov/laws-regs/regulations/standardnumber/1926/1926.65 https://www.osha.gov/laws-regs/interlinking/standards/1926.65(q) https://www.osha.gov/laws-regs/interlinking/standards/1926.65(e)

Exhibit B

BUDGET DETAILS AND PAYMENT PROVISIONS

1. INVOICING AND PAYMENT

A. The maximum amount payable for this Agreement shall not exceed $95,000.00.

B. For services rendered in accordance with the Scope of Work, and upon receipt of the invoice, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.

C. The Contractor shall be paid per training in arrears. These payments will be made upon submission of an original and two copies of the invoice, which properly details all charges, expenses, direct and indirect costs. Invoices shall be submitted to:

Project Manager: Juan Muy (916) 341-3130

Region / Division: CCC CMD (HQ)

Address: 1719 24Th Street, Sacramento, CA 95816

D. The original and one (1) approved copy of the invoice will be forwarded to the CCC’s Accounting Claims Section by the Contract Manager. Payment of any invoice will be made only after receipt of a complete, supported, documented and accurately addressed invoice. Failure to use the address exactly as provided above may result in the return of the invoice to the Contractor. All invoices must be approved by the Contract Manager.

E. The invoice shall contain the following information:

1. The word “Invoice” should appear in a prominent location at the top of the page(s);

2. Printed name of the Contractor;

3. Business address of the Contractor including P.O. Box, City, State, and Zip Code;

4. Name of the Region/Division of CCC being billed;

5. The date of the invoice and the time period covered;

6. The number of the agreement upon which the claim is based, and;

7. An itemized account of the services for which the CCC is being billed. Include all of the following:

a. The time period covered by the invoice, i.e., the term “from” and “to”.

b. A description of the services performed

Agreement [C4310-105255]

EXHIBIT B

BUDGET DETAILS AND PAYMENT PROVISIONS

F. The method of computing the amount due based on a line item budget/cost reimbursement method. Payments will be made by the State to the Contractor, in arrears, upon receipt of an itemized invoice showing the time period covered and the work items accomplished. The invoice must be itemized using the categories and following the format of the attached budget.

G. The total amount due. This should be in a prominent location in the lower right-hand portion of the last page and clearly distinguished from other figures or computations appearing on the invoice; the total amount due shall include all costs incurred by the Contractor under the terms of this agreement; and

H. The original signature of the Contractor (not required of established firms or entities using preprinted letterhead invoices).

2. CONTRACT WRITTEN PRIOR TO APPROVAL OF THE BUDGET ACT

A. It is mutually understood between the parties that this Agreement may have been written prior to approval of the Budget Act for the mutual benefit of both parties in order to avoid program and fiscal delays.

B. This Agreement is valid and enforceable only if sufficient funds are made available by the Budget Act for the Fiscal Year(s) involved for the purposes of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Legislature and contained in the Budget Bill or any statute enacted by the Legislature which may affect the provisions, terms, or funding of this Agreement in any manner.

C. 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 the Contractor or to furnish any other considerations under this Agreement and the Contractor shall not be obligated to perform any additional provisions of this Agreement.

EXHIBIT B

BUDGET DETAILS AND PAYMENT PROVISIONS

D. 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 the Contractor to reflect the reduced amount.

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.

EXHIBIT B-1

COST SHEET

*Total price per location should have ALL expenses included*

HAZWOPER Trainings (10 CCC Locations):

1. Fortuna Center $___________________ (1500 Alamar Way, Fortuna, CA 95540)

2. Ukiah/Willits Center $___________________ (600 E Hill Road, Willits, CA 95490)

3. Solano Center $___________________ (1020 Chadbourne Rd, Fairfield, CA 94534)

4. Delta Center $___________________ (7000 S. Newcastle Rd, Stockton, CA 95215)

5. Monterey Center $___________________ (30 Aviation Way, Watsonville, CA 95076)

6. Los Padres Center $___________________ (1530 Madera Ave. San Luis Obispo, CA 93401)

7. Camarillo Center $___________________ (3200 Wright Road, Camarillo, CA 93010)

8. Norwalk Center $___________________ (11401 South Bloomfield Ave, Norwalk, CA 90650)

9. Pomona/LA Center $___________________

(3530 West Pomona Blvd, Pomona, CA 91768)

10. San Diego Center $___________________ (401 West 35th Street, Suite A, National City, CA 91950)

EXHIBIT B-1

COST SHEET

First Responder Awareness (3 CCC Locations):

1. Ukiah/Willits Center $___________________ (600 E Hill Road, Willits, CA 95490)

2. Delta Center $___________________ (7000 S. Newcastle Road, Stockton, CA 95215)

3. Norwalk Center $___________________ (11401 South Bloomfield Ave, Norwalk, CA 90650)

Grand Total for One Year (FY 24/25): $____________________

EXHIBIT B-2

CCC MAP

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: 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, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

Contractor warrants, represents and agrees that it and its subcontractors, employees and representatives shall at all times comply with all applicable State contracting laws, codes, rules and regulations in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of recycled content, both post consumer waste and secondary waste as defined in the Public Contract Code, Sections 12161 and 12200, in materials, goods, or supplies offered or products used in the performance of this Agreement, regardless of whether the product meets the required recycled product percentage as defined in the Public Contract Code, Sections 12161 and 12200. Contractor may certify that the product contains zero recycled content.

(PCC 10233, 10308.5, 10354)

10. DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in document the CCC199 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS:

a. The Government Code Chapter on Antitrust claims contains the following definitions:

1). "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.

2). "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.

b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.

c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. YEAR 2000 LANGUAGE: "The Contractor warrants and represents that the goods or services sold, leased, or licensed to the State of California, its agencies, or its political subdivisions, pursuant to this contract are "Year 2000 compliant." For purposes of this contract, a good or services is Year 2000 compliant if it will continue to fully function before, at, and after the Year 2000 without interruption and, if applicable, with full ability to accurately and unambiguously process, display, compare, calculate, manipulate, and otherwise utilize date information. This warranty and representation supersedes all warranty disclaimers and limitations and all limitations on liability provided by or through the Contractor."

17. CHILD SUPPORT COMPLIANCE ACT: "For any contract in excess of $100,000, the contractor acknowledges in accordance with, that:

a). the contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and

b) the contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department."

18. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be effected thereby

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

TRAVEL AND PER DIEM

The Contractor agrees that all travel and per diem paid its employees under this Agreement shall be at rates not to exceed those amounts paid to the State’s represented employees under collective bargaining agreements currently in effect. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the State.

CANCELLATION/TERMINATION

This Agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements.

RIGHT TO MONITOR AUDIT AND INVESTIGATE

A. The Federal, State, or duly authorized representative of the State government, which includes but is not limited to the Auditor General, shall have the right to monitor and audit Sub-grantee and all subcontractors providing services under this agreement through on-site inspections, audits, and other applicable means the State determines necessary.

B. The Federal, State, or duly authorized representative of the State government shall have the right to undertake investigations in accordance with Title 41 U.S.C. Section 9908 et seq., as amended.

C. All Agreements entered into by The Contractor with audit firms for purposes of conducting independent audits under this agreement shall contain a clause permitting the State or a duly authorized representative of the State of Federal government access to the working papers of said audit firm(s).

D. The Contractor shall ensure that subcontractors falling within the scope of this provision shall comply in full with the requirements thereof.

RECORDS ESTABLISHMENT, ACCESS, AND RETENTION

A. The Contractor shall maintain substantial records of all expenditures incurred in the performance of work under this Agreement. Contractor’s accounting records shall be able to clearly document all expenditures pursuant to this Agreement.

B. All books, records, accounts, documents, and reports related to this Agreement shall be open to review, audit, inspection and/or copying at all reasonable hours upon request by the CCC, its authorized representative, and/the State Auditor General for a period of three

(3) years after final payment under this contract.

C. Contractor shall keep all books, records, accounts, documents and reports pertaining to this agreement separate from other non-agreement related activities.

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

D. All records maintained by Contractor shall meet the requirements of the Common Rule for Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments or (OMB Circular 102) Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non- Profit Organizations, whichever is applicable.

E. Contractor shall maintain all records pertaining to this Agreement for a minimum period of three (3) years after submission of the Final Report of Expenditures. However, Sub-grantee shall maintain all such records until resolution of all audit findings is completed. In the event any record or portion thereof must be maintained for a period longer than three (3) years, State shall send appropriate notification to Sub-grantee.

F. Contractor assures that employee and applicant records shall be maintained in a confidential manner to assure compliance with the Information Practices Act of 1977, as amended, and the Federal Privacy Act of 1974, as amended.

AMENDMENT PROVISIONS AND AGREEMENT TERMINATION

A. No oral understanding or variation of the terms and conditions of this Agreement is valid unless that understanding, or variation has been made in writing and signed by all.

B. This Agreement may be terminated at any time by both parties with 30 calendar days advance written notice. If terminated, payment shall be made only for performance authorized up to the effective date of termination.

C. Notwithstanding Subsection B above, the CCC may terminate this Agreement for cause, in whole or in part, upon written notification to Sub-Grantee.

D. The Parties may amend this Agreement for time or money at the same rates. This right to amend is in addition to the right to amend for other reasons contained in this Agreement or noted in the solicitation that resulted in this Agreement, if applicable. Any amendment shall be in writing and signed by both parties and be approved by the Department of General Services if such approval is required.

DGS PD

1. DEFINITIONS:

BIDDER INSTRUCTIONS

a) “Bid” means an offer, made in response to a solicitation to perform a contract for work and labor or to supply goods at a specified price, whether or not it is considered a “sealed bid” or results in award of a contract to a single or non- competitively bid contract.

b) “Bidder” means a supplier who submits a bid to the State in response to a solicitation.

c) “Solicitation” means the process, by whatever name known or in whatever format used, of notifying prospective bidders that the State wishes to receive bids for furnishing goods or services.

d) “Supplier” means a business entity, bidder, offer or, vendor or contractor.

2. SUBMISSION OF BIDS:

a) Bids must be hand delivered or sent via U.S. Mail or common carrier unless another method (e.g., facsimile) is specifically authorized in the solicitation.

b) Where a “sealed” bid is required, each bid shall be separately sealed inside an envelope and must be signed and received by the closing time and date specified, and on the forms furnished by the State to be considered for award. The State reserves the right to consider authorized facsimile bids as properly “sealed” if received prior to the closing time specified, provided that a signature is shown on the facsimile.

c) The bidder is solely responsible for ensuring that the full bid is received by the State in accordance with the solicitation requirements, prior to the date and time specified in the solicitation, and at the place specified. The State shall not be responsible for any delays in mail or by common carriers or by transmission errors or delays or mis-delivery.

d) Bids received after the time stated will be considered non-responsive.

e) If facsimile transmission of the bid is acceptable, and the bidder chooses to transmit their bid via facsimile, the bidder understands and agrees that the State will consider only those portions of the bid received prior to the closing time specified; any pages received after that time will not be considered.

f) If no time for receipt of bids is specified in the solicitation, the bid shall be due by the close of the business day on the date indicated. Close of the business day shall be 5:00 p.m. All times are Pacific Standard Time (PST)/Pacific Daylight Time (PDT).

g) Generally, sealed bids will be opened and read on the due date unless another date and time is specified in the solicitation or any addendum thereto or the reverse auction terms and conditions are included in the solicitation. When the Department of General Services, Procurement Division, facilitates a reverse auction all bids remain confidential before and during the auction. Information is not public, including the number and names of the responders, until the Notice of Intent to Award or contract award is published, whichever occurs first.

3. SOLICITATIONADDENDUM(ADDENDA):

a) If a supplier received this solicitation through some means other than being a prequalified supplier on the State’s bidders list, it is the responsibility of the supplier to advise the buyer of its intention to provide a bid so that addenda or other correspondence related to the solicitation will be sent to the supplier.

b) In the event that the solicitation is revised by an addendum, supplier shall submit the original solicitation and any addenda that the buyer requires be submitted.

c) Price(s) offered shall reflect all addenda issued by the State. Failure to do so will permit the State to interpret the bid to include all addenda issued in any resulting contract.

4. PRICES:

a) All prices and notations must be printed in ink or typewritten.

b) All prices must be bid in U.S. currency.

c) Unit prices may not be more than four (4) places to the right of the decimal point. For example, a unit price of $.56726 each, would exceed this limitation. Unit prices which exceed this limitation will automatically be truncated to the fourth decimal place forboth evaluation and award purposes. Using the example just cited, the "6" at the end of the unit price would be truncated (i.e., dropped off) leaving a unit price of $.5672 each.

d) An error in the bid may cause the rejection of that bid; however, the State may at its sole option retain the bid and make certain arithmetic corrections. In determining if a correction will be made, the State will consider the conformance of the bid to the format and content required by the solicitation, and any unusual complexity of the format and content required by the solicitation.

i) If the bidder’s intent is clearly established based on review of the complete bid submittal, the

State may at its sole option correct an error based on that established intent.

ii) The State may at its sole option correct obvious clerical errors.

iii) The total price of unit-price items will be the product of the unit price and the quantity of the item. If the unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, it shall be the amount obtained by dividing the “Extension” price by the quantity of the item.

5. CASH DISCOUNTS:

The State encourages bidders to offer cash discounts for prompt payment, however, unless provided elsewhere in the solicitation, cash discounts offered by bidders for the prompt payment of invoices will not be considered in evaluating offers to determine the successful bidder for award of any resulting contract.

6. INSPECTION OF SOLICITATION DOCUMENTS:

Supplier shall carefully review all documents referenced and made a part of this solicitation to ensure that all information required to properly respond to the solicitation has been received or made available and all requirements are priced in the bid. Failure to examine any document, drawing, specification, or instruction will be at the supplier’s sole risk.

7. BRANDNAMES:

Any reference to brand names and model numbers in the solicitation is intended to be descriptive, but not restrictive, unless otherwise specified Bids offering equivalent items meeting the standards of quality specified may be considered, unless otherwise specified, providing the bid clearly describes the article offered and how it differs from the referenced brand. Unless bidder specifies otherwise, it is understood that the bidder is offering a referenced brand item as specified in the solicitation. The State reserves the right to determine whether a substitute offer is equivalent to and meets the standards of quality indicated by the brand name references, and the State may require the supply of additional descriptive material and a sample.

8. EVALUATION OF BIDS:

a) Where more than one-line item is specified in the solicitation, the State reserves the right to determine the lowest responsible bidder, either on the basis of individual items, combination of items as specified in the solicitation, or on the basis of all items included in the solicitation, unless otherwise expressly provided.

b) Unless otherwise specified in the solicitation, the State may accept any item or combination of items as specified in the solicitation, of any bid unless the bidder expressly objects and conditions its response on receiving all items for which it provided a bid. In the event that the bidder so objects, the State may consider the bidder’s objection and evaluate whether the award on such basis will result in the lowest price to the State or may determine in its sole discretion that such an objection is non-responsive and renders the bidder ineligible for award.

c) This solicitation is subject to all requirements set forth in the Electronic Waste Recycling Act of 2003 (Chapter 8.5, Part 3 of Division 30, commencing with Section 42460 of the Public Resources Code, relating to hazardous and solid waste, hereafter called the “Act”). If the products and/or services being acquired pursuant to this solicitation are not subject to the Act, then bidder must demonstrate that the Act is inapplicable to all lines of business engaged by the supplier (or related agents, subsidiaries, partners, joint ventures, and sub-contractors).

Contracts awarded, wherein a violation of the Act is found, are subject to sanctions defined in Public Resources Code, Chapter 8.5, Article 7.

d) This solicitation is subject to all requirements set forth in Sections 6452, 6487, 7101 and 18510 of the Revenue and Taxation Code, and Section 10295.1 of the Public Contract Code, requiring suppliers to provide a copy of their retailer’s seller’s permit or certification of registration, and, if applicable, the permit or certification of all participating affiliates issued by the State of California’s Board of Equalization. Unless otherwise specified in this solicitation, a copy of the retailer’s seller’s permit or certification of registration, and, if applicable, the permit or certification of all participating affiliates, must be submitted within five (5) State business days of the State’s request. Failure of the supplier to comply by supplying the required documentation will cause the supplier’s bid to be considered non- responsive and the bid rejected.

e) Public Resources Code Section 42290 et seq. prohibits the State from contracting with any supplier, manufacturer, or wholesaler, and any of its divisions, subsidiaries, or successors that have been determined to be noncompliant to the recycled content plastic trash bag certification requirements. This includes award of a state contract or subcontract or renewal, extension, or modification of an existing contract or subcontract. Prior to award the State shall ascertain if the intended awardee or proposed subcontractor is a business identified on the current California Integrated Waste Management Board noncompliant list(s). In the event of any doubt of the status or identity of the business in violation, the State will notify the Board of the proposed award and afford the Board the opportunity to advise the State. No award will be made when either the bidder or a subcontractor has been identified either by published list or by advice from the Board, to be in violation of certification requirements.

f) All other criteria to be used in evaluating bids will be identified elsewhere in the solicitation.

9. CONFLICT OFINTEREST:

a) Current State Employees (PCC Section 10410):

i) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity or enterprise is required as a condition of regular State employment.

ii) No officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services.

b) Former State Employees (PCC Section 10411):

For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency.

c) For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.

10. JOINT BIDS:

A joint bid submitted by two or more bidders participating jointly in one bid may be submitted and each participating bidder must sign the joint bid. If a contract is awarded to bidders who furnished a joint bid, it shall be deemed one indivisible contract. Each such joint contractor will be jointly and severally liable for the performance of the entire contract, and the joint contractors must designate, in writing, one individual having authority to represent them in all matters relating to the contract. The State assumes no responsibility or obligation for the division of orders or purchases among joint contractors.

11. SAMPLES TO DETERMINE RESPONSIVENESS TO TECHNICAL

REQUIREMENTSFOR PURPOSES OFAWARD:

a) Samples of items, when required by the State, must be furnished free of expense to the State, unless otherwise provided.

b) Unless expressly set forth in the solicitation, the sample or samples furnished must be identical in all respects to the product or products being offered to the State.

c) Bidders offering products of a different manufacturer and model number than those specified in the solicitation may be required to submit samples for inspection and specification compliance testing in order for the State to determine if the item offered is equivalent to and meets the minimum standards of quality acceptable to the State as indicated by the manufacturer and model number specified in the solicitation.

d) Samples, if not destroyed by tests, may, upon request made at the time the sample is furnished, be returned at bidder’s expense.

e) Samples may be required prior to award. If requested, such samples must be delivered to the address specified and within the timeframe identified in the notification. Failure to submit samples as specified may be grounds for rejection.

12. SPECIFICATION CONCERNS:

a) In the event a supplier believes that the State's solicitation is unfairly restrictive, ambiguous, contains conflicting provisions or mistakes or in the supplier’s experience any resulting contract would be commercially impractical to perform, the matter should be promptly brought to the attention of the buyer identified in the solicitation, either by telephone, letter or visit, immediately upon receipt of the solicitation, in order that the matter may be fully considered and appropriate action taken by the State prior to the closing time set to receive bids.

b) Unless otherwise specified, failure by any supplier to raise any concern relating to the solicitation requirements within at least two (2) working days prior to the bid close date, will be deemed a waiver of the supplier’s right to protest any decision for contract award relating to the solicitation’s requirements.

13. VALIDITY OF BID:

Unless specified elsewhere in the solicitation, bidder’s bid shall be valid for forty-five (45) days following the date the response is due.

14. MISTAKE IN BID:

If prior to contract award, a bidder discovers a mistake in their bid which renders the bidder unwilling to perform under any resulting contract, the bidder must immediately notify the buyer and request to withdraw the bid. It shall be solely within the State’s discretion as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award of “all or none” of the items, then any withdrawal must be for the entire bid. If the solicitation provided for evaluation and award on a line item or combination of items basis, the State may consider permitting withdrawal of specific line item(s) or combination of items.

15. STATE’S RIGHTS:

a) The State reserves the right to modify or cancel in whole or in part its solicitation at any time prior to contract award.

b) The State reserves the right to reject any or all bids if the State determines that a bidder’s bid was non-responsive to the solicitation requirements and to waive informalities and minor irregularities in bids received.

c) The State reserves the right to reject any or all bids if the State determines that a bidder is not a responsible supplier.

16. UNFAIR PRACTICES ACT AND OTHER LAWS:

Supplier warrants that its bid complies with the Unfair Practices Act (Business and Professions Code Section 17000 et seq.) and all applicable State and Federal laws and regulations.

17. VIOLATION OF AIR OR WATER POLLUTION LAWS:

a) Unless the contract is less than $25,000 or with a non- competitively bid contract supplier, Government Code Section 4477 prohibits the State from contracting with a person, including a corporation or other business association, who has been determined to be in violation of any state or federal air or water pollution control law.

b) Prior to an award, the State shall ascertain if the intended awardee is a person included in notices from the Boards. In the event of any doubt of the intended awardee's identity or status as a person who is in violation of any state or federal air or water pollution law, the State will notify the appropriate Board of the proposed award and afford the Board the opportunity to advise the State that the intended awardee is such a person.

c) No award will be made to a person who is identified either by the published notices or by advice, as a person in violation of state or federal air or water pollution control laws.

18. NON-DISCRIMINATION TOWARD WTO…