EDIS90325_Exhibits.pdf

State Controller’s Office IFB Number EDIS90325 Exhibit A

SCOPE OF WORK

A. Description of Services

The Contractor shall provide daily mail pickup and delivery services of the United State Postal Service (USPS) mail cages and/or mail pallets for the State Controller’s Office (SCO) Disbursements Bureau .

Agreement Term

The term of this agreement shall be for three years with the options to amend and add funds and to adjust the frequency of services as deemed necessary by SCO. The rates on Exhibit B, Attachment 1, Cost Worksheet will not change as a result of any amendment to this agreement. This agreement may be terminated by SCO with a 30-day written notice to the Contractor

Contractors are cautioned that no work will be performed until the Agreement has been fully executed. If work is performed prior to agreement approval, and the Agreement for any reason is not approved, all previous work performed by the Contractor is considered donated to SCO and no payment shall be made for that work.

Agreement Amount

The Contractor and the SCO contact in Exhibit A., Section D. Contacts 2. are responsible for monitoring the Agreement cost to ensure it does not exceed the maximum amount of the Agreement without an executed amendment.

B. Contractor Responsibilities

The Contractor shall:

1. Monday through Friday weekday services: Pick up USPS mail cages and/or pallets from the SCO

Disbursements Bureau loading dock located at 3301 C Street, Sacramento, CA 95816, and deliver the mail cages and/or mail pallets to the Industrial West Sacramento Post Office located at 3775 Industrial Blvd., West Sacramento, CA 95799, by no later than 7:00 p.m. Pacific Time (PT). Drive time from 3301 C Street, Sacramento to 3775 Industrial Blvd, West Sacramento is approximately 16 minutes in moderate traffic, at a distance of approximately 8.5 miles, Daily mail pickup services shall occur Monday through Friday between 4:00 p.m. and 6:00 p.m. PT, unless SCO requests a late pickup, which would be no later than 6:30 p.m. P.T.

2. Saturday services: If SCO requests Saturday pickup and delivery services, pick up and deliver the mail cages and/or pallets to the Industrial West Sacramento Post Office located at 3775 Industrial Blvd., West Sacramento, CA 95799, by no later than 10:00 a.m., PT, unless instructed otherwise by SCO.

3. Provide alternate pickup and delivery services when the regular scheduled services falls on a state holiday. A list of the holidays which are observed by the State may be found at:

https://www.calhr.ca.gov/employees/pages/state-holidays.aspx. SCO will make arrangements with the Contractor to pick up mail a day early due to federal holidays observed by USPS but not by the State which may be found at: https://www.postallocations.com/links.asp.

a. When a state holiday falls on a weekday (Monday through Friday), the Contractor shall not be scheduled to pick up or deliver on that state holiday. However, SCO may request an alternate pickup and delivery date and time prior to or after a state holiday, if needed, as shown below:

Exhibit A

1) Tuesday through Thursday Holidays: The Contractor may be required to perform an early pickup (by 3:00 p.m. PT) and delivery on the day prior to the holiday (e.g., if Christmas Day falls on a Thursday, an early mail pickup and delivery on Christmas Eve may be needed).

2) Monday Holidays: Pick up and deliver mail on the preceding Saturday (two days prior) to the Monday holiday.

3) Friday Holidays: Pick up and deliver the mail on the following Saturday (next day) after the

Friday holiday.

4. Deliver SCO mail pallets and/or cages directly to the USPS facility in West Sacramento in one truck and in one trip (i.e. one pickup and one delivery).

5. Provide a truck with a payload capacity of at least 7,000 lbs., a rear cargo space of at least 700 cubic feet, a lift gate, and a rear door height of at least 70.” Daily mail pickup and delivery loads can range from three to 14 pallets and from two to four mail cages. Refer to Section C. SCO Responsibilities, Items 5 and 6 for pallet and cage dimensions and weights.

6. Guarantee that truck capacities can accommodate daily pickups, that deliveries shall be timely, and that all deliveries are transported securely.

7. Provide immediate vehicle replacement in the event of mechanical breakdown. The replacement vehicle must be capable of adequately transporting the freight.

8. Ensure replacement drivers possess a valid California Commercial Driver’s License (CDL) and meet the requirements of Invitation for Bid (IFB) EDIS90325.

9. Ensure that each driver, and any subcontractor, is made aware of, understands, and is available to submit a Live Scan criminal background check through the Department of Justice (DOJ)- test will be administered by SCO. All additional or replacement drivers performing the daily mail pickup and delivery services in this agreement will be subject to the same terms.

a. Inform SCO within 7 days of additional or replacement drivers to allow adequate time for replacement drivers to complete and pass Live Scan background prior to performing the contracted delivery services for SCO. Inform SCO when a previously cleared employee no longer works for their company. Drivers may not perform services until SCO has received Live Scan clearance.

10. Ensure that dedicated and backup drivers are made aware that they may be required to read and/or complete standard SCO documents (i.e. Policy Acknowledgement, Technology Resources, Zero Tolerance for Discrimination, etc.), during the term of the Agreement. SCO will provide additional documents to the Contractor’s staff.

11. Ensure drivers sign SCO Contractor/Consultant Confidentiality Statement and Non-Disclosure Acknowledgement form (ISO-004b).

12. Provide a valid company photo identification (ID) to their employees. Drivers shall sign the daily Mail Released Log and shall present a company photo ID to SCO staff.

13. Provide a well-maintained vehicle, as specified in the vehicle’s owner manual for scheduled maintenance, to complete the services in this agreement.

14. Notify SCO in writing within 7 days of any changes to the information provided for the contact person responsible for managing this agreement. Notification shall include the new address, phone number(s), or any other requisite information for the services in this agreement.

Exhibit A

15. Perform services as follows:

a. Promptly: Properly trained employees shall perform services with diligence and efficiency, in a competent, safe, and professional manner.

b. Carefully: Exercise caution to prevent any damage to the facility and to the freight. SCO shall not be held liable for any loss or damage sustained by the Contractor in connection with this service.

Handle all materials in such a manner as to prevent loss or theft at any time.

c. Courteously: Be considerate of other businesses in the immediate vicinity and conform to all zoning requirements, including excess noise. Do not block in parked vehicles and park as direct by SCO or building management.

C. SCO Responsibilities

SCO shall:

1. Provide all necessary forms and location information in order for dedicated and backup drivers to complete the Live Scan background check process. SCO is responsible for background check fees.

2. SCO contact in Section D. Contacts 1.- monitor daily services and ensure that SCO staff verifies the driver’s photo ID and has the driver sign a daily Mail Released Log.

3. Provide access to the facility and SCO staff, as necessary, for the Contractor to complete tasks and responsibilities identified in Exhibit A, Scope of Work.

4. Inform the Contractor if the day’s pickup is at or near the maximum load range of pallets and/or four mail cages, as described in Section B.5.

5. Package the items to be delivered in either mail trays or in mail tubs:

a. Mail trays are approximately 24” x 12”

b. Mail tubs are approximately 18” x 13” x 11.5”

6. Stack the mail trays or mail tubs in either USPS mail cages or on USPS mail pallets:

a. USPS mail cages are 42” wide x 29” deep x 70” tall. When all cages are fully stacked, they are self-contained, on rollers, and weigh approximately 500 lbs. each.

b. USPS mail pallets are 47” x 39”. When mail pallets are fully stacked, they are 4’ 6” tall and weigh between 500 and 1,000 lbs. each.

7. Reserve the right to cancel a service, with at least two hours’ advance notice to the Contractor, and at no additional cost.

8. Schedule an appointment with the post office for Saturday pickup and delivery service only, prior to the delivery date. Notify the Contractor if the delivery time is earlier than 10 a.m. PT, based on post office availability.

D. Contacts

1. Direct all service inquiries to:

Exhibit A

State Controller’s Office Disbursements Bureau

Contractor

Name: Name:

Address:

Phone: Phone:

Email: Email:

2. Direct all invoice inquiries to:

Disbursements Bureau

Contractor

3. Direct all agreement inquiries to:

Contracts and Procurement Office

Contractor

Exhibit B

BUDGET DETAIL AND PAYMENT PROVISIONS

A. Invoicing and Payment

1. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State

Controller’s Office (SCO) agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified in Exhibit B, Attachment 1, Cost Worksheet.

2. Itemized invoices shall be submitted on Contractor’s letterhead, not more frequently than monthly, in arrears and at a minimum, must include:

Agreement Number: CDIS90325 Contractor’s Name Dates of Service Service Type Rate per Service

If submitting electronically, send one PDF copy to: ADMAP@sco.ca.gov

If invoices cannot be submitted electronically, please mail one copy to:

Departmental Accounting Office P.O. Box 942850

Sacramento, CA 94250

Invoice inquiries: ADMAP@sco.ca.gov

B. Budget and Contingency Clause

1. 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, SCO 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 provisions of this agreement.

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

C. 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.

D. Disabled Veterans Business Enterprise Subcontractor Authorization to Withhold $10,000

SCO is authorized to withhold $10,000, or full payment if less than $10,000, from a prime contractor’s final payment pending receipt of a complete and accurate Prime Contractor’s Certification – Disabled Veterans Business Enterprise (DVBE) Subcontracting Report STD 817. The complete and accurate report must be received within 60 days of the Agreement expiration date.

Exhibit B, Attachment 1

COST WORKSHEET

To be inserted after award.

Exhibit C

GENERAL PROVISIONS – GENERAL TERMS AND CONDITIONS

(GTC 02/2025)

Exhibit C, General Terms and Conditions (GTC 02/2025) is incorporated by reference only and made part of the Agreement as if attached hereto.

General Terms and Conditions (GTC 02/2025) can be viewed at:

https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-Updates/GTC-225-February-2025.pdf

If you do not have Internet access, a hard copy can be provided.

Exhibit D

SPECIAL TERMS AND CONDITIONS

A. Insurance Requirements

The Contractor shall display evidence of the following coverage on an Acord certificate:

1. Commercial General Liability Insurance – The Contractor shall maintain general liability on an occurrence form with limits not less than $1 million per occurrence for bodily injury and property damage liability combined with a $2 million annual policy aggregate. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured agreement. This insurance shall apply separately to each insured against whom claim is made, or suit is brought subject to the Contractor's limit of liability. The policy shall include the State of California, its officers, agents, employees, as additional insured’s. The additional insured endorsement must be provided.

2. Workers’ Compensation and Employer’s Liability – The Contractor shall maintain statutory workers’ compensation insurance issued and shall furnish to State Controller's Office (SCO) a certificate of insurance evidencing workers’ compensation insurance and employer’s liability for all its employees who will be engaged in the performance of the Agreement. In addition, employer’s liability limits of $1 million are required. By signing this agreement, the Contractor acknowledges compliance with these regulations. A Waiver of Subrogation or Right to Recover endorsement in favor of the State of California, State Controller’s Office must be attached to the certificate.

3. Automobile Liability - Contractor shall maintain motor vehicle liability with limits not less than $1 million combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired, and non-owned motor vehicles. The policy must name The State of California, its officers, agents, and employees as additional insured, but only with respect to work performed under the Agreement. This may be satisfied by a blanket endorsement. If contractor will not have any commercially owned vehicles used during the life of this agreement, by signing this agreement, the Contractor certifies that the Contractor and any employees, subcontractors or servants possess valid automobile coverage in accordance with California Vehicle Code Sections 16450 to 16457, inclusive. The State reserves the right to request proof at any time.

The certificate of insurance must include the following general provisions stating:

1. The Contractor shall comply with all requirements outlined in Insurance Requirements and General

Provisions. No payments will be made under this agreement until the Contractor fully complies with all requirements.

2. Coverage Term – Coverage needs to be in force for the complete term of the Agreement. If insurance expires during the term of the Agreement, a new certificate must be received by the State at least 10 days prior to the expiration of this insurance. Any new insurance must comply with the original agreement terms of the Agreement.

3. Policy Cancellation or Termination & Notice of Non-Renewal – The Contractor is responsible to notify the State within five business days of any cancellation, non-renewal, or material change that affects required insurance coverage. Certificates of insurance are subject to the approval of the Department of General Services and the Contractor agrees no work or services will be performed prior to obtaining such approval. In the event the Contractor fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this agreement upon the occurrence of such event, subject to the provisions of this agreement.

4. Premiums, Assessments and Deductible – The Contractor is responsible for any premiums, policy assessments, deductibles or self-insured retentions contained within their insurance program. SCO will not be responsible for any premiums or assessment on the policy.

5. Primary Clause – Any required insurance contained in this agreement shall be primary, and not excess or contributory, to any other insurance carried by the State.

6. Insurance Carrier Required Rating – All insurance companies must carry an AM Best rating of at least “A-“ with a financial category rating of no lower than VII. If the Contractor is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required.

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

8. Inadequate Insurance – Inadequate or lack of insurance does not negate the Contractor’s obligations under the Agreement.

9. Subcontractors – In the case of the Contractor’s utilization of subcontractors to complete the contracted scope of work, the Contractor shall include all subcontractors as insureds under the Contractor’s insurance or supply evidence of subcontractor’s insurance to the State equal to policies, coverages and limits required of the Contractor.

10. Available Coverage/Limits – All coverage and limits available to the Contractor shall also be available and applicable to the State.

11. Satisfying an SIR – All insurance required by this agreement must allow the State to pay and/or act as the Contractor’s agent in satisfying any self-insured retention (SIR). The choice to pay and/or act as the Contractor’s agent in satisfying any SIR is at the State’s discretion.

B. Licenses and Permits

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

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

3. In the event, any license(s) and/or permit(s) expire at any time during the term of this agreement; the

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

C. Excise Tax

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

D. Settlement of Disputes

1. In the event of a dispute, the Contractor shall file a "Notice of Dispute" with the State Controller's Office, Chief Legal Counsel, within 10 days of discovery of the problem. Within 10 days, the State Controller's Office, Chief Legal Counsel shall meet with the Contractor and Project Manager for purposes of resolving the dispute. The decision of the Chief Legal Counsel shall be final.

2. In the event of a dispute, the language contained within this agreement shall prevail over any other language including that of the solicitation.

E. Potential Subcontractors

Nothing contained in this agreement, or otherwise, shall create any contractual relationship between the State and any subcontractors, and no subcontract shall relieve the Contractor of his responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the 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 the Contractor. The Contractor's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any money to any subcontractor.

F. Prohibition of Tax Delinquents from Contracting

1. The State of California is prohibited from entering into any agreements for services with persons whose name appears on either list of the 500 largest tax delinquencies pursuant to Sections 7063 and 19195 of the Revenue and Taxation Code (RTC) and Public Contract Code (PCC) Section 10295.4.

2. Contractor certifies that it is not included on either the California Franchise Tax Board’s (FTB) or on the

California Department of Tax and Fee Administration’s (CDTFA) lists, that can be found at:

FTB: https://www.ftb.ca.gov/about-ftb/newsroom/tax-news/may-2018/top-500-delinquents-taxpayers-list.html

CDTFA: https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm

G. Civil Rights Certifications

Public Contract Code (PCC) section 2010 requires contractors on agreements of $100,000 or more to certify that they are in compliance with various civil rights laws.

H. Darfur Contracting Act

Public Contract Code sections 10475 et seq., the Darfur Contracting Act of 2008, establish restrictions against contracting with contractors doing certain types of business in Sudan. The Act sets forth criteria to determine if a vendor is a “scrutinized company” and therefore ineligible to bid on or submit a bid, proposal, or offer for State agreements. When a company submitting a bid, proposal, or offer has or within the previous three years has had business activities or other operations outside the United States, they must execute a certification stating they are not a scrutinized company as defined, or demonstrate they obtained permission under the statute. [PCC §§ 10478, 10477(b)]. The Act includes penalties for false certifications.

(PCC § 10479.)

I. Background Checks

1. During the term of the Agreement, the Contractor must notify SCO immediately upon becoming aware of any of their staff being arrested or convicted of a criminal violation not previously documented as part of the initial background check. The Contractor shall, at the request of SCO, immediately remove the relevant person(s) from conducting duties related to the Agreement at no cost to SCO. Failure to replace person(s) promptly is grounds for termination, if necessary, pursuant to Section 7 of the General Terms and Conditions (GTC 04/2017), Termination for Cause. Any additional or replacement staff added to the Agreement will be subject to the same terms.

2. The Contactor shall bear the risk and potential penalties of delays resulting from the removal of their staff. If the Contractor fails to notify SCO, SCO has the right to terminate the Agreement for cause.

J. Economic Sanctions on Russia

1. Ensure compliance with economic sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law (collectively, economic sanctions) including by refraining from new investments in, and financial transactions with, Russian institutions or companies that are headquartered or have their principal place of business in Russia (Russian entities), and not transferring technology to Russia or Russian entities. The Contractor is further notified that they will be subject to additional reporting requirements pursuant to Executive Order (N-6-22) issued by Governor Gavin Newsom on March 4, 2022.

2. The Contractor certifies that it is not on the U.S. Department of Treasury, Office of Foreign Assets

Control (OFAC) Sanctions List found at: https://sanctionssearch.ofac.treas.gov/

K. Audit Language

The Contractor agrees that SCO or the California State Auditor’s Office or its designated representative, shall have an absolute right of access to all of the Contractor’s records, files, documents, accounts, and financial affairs as deemed necessary for the purpose of conducting an audit to determine compliance with the terms and conditions of this agreement. The Contractor shall provide the auditor(s) with any relevant information requested without unnecessary delay and, on reasonable notice, permit access to its premises during normal business hours for the purpose of interviewing staff and inspecting and copying such books, records, accounts, and any other material as warranted to conduct the audit. The Contractor further agrees to maintain such records for a period of three years after final payment is made on this contract or three years after resolution of all issues that may arise as a result of any litigation, claim, negotiation, or audit related to the Agreement, whichever is later. The State agrees to treat as confidential any proprietary information obtained as a part of any such audit.

L. Information Technology, Data, and Security

1. Security Incident or Violation

a. The Contractor and its employees, agents, or subcontractors shall immediately notify the SCO Contact of any actual or suspected theft, loss, damage, unauthorized destruction, unauthorized modification, or unintentional or inappropriate release of any SCO data classified as confidential or sensitive retained in electronic, paper, or any other digital or non-digital medium.

b. The obligations and responsibilities outlined in the agreed upon requirements shall survive the termination or expiration of the agreement, ensuring continued adherence to these requirements even after the Contractor's engagement with SCO has ended.

c. The Contractor shall take:

1) Prompt corrective action to mitigate any risks or damages involved with the breach or security incident and to protect the operating environment; and

Any action pertaining to a breach required by applicable federal and state laws, including, specifically, California Civil Code section 1798.29 [California Civil Code 1798.29, subdivision (e), California Civil Code 1798.82, subdivision (f)].

2. Supervision of Data

SCO data shall not be left unattended at any time, unless it is physically locked in a file cabinet, file room, desk or office; and monitored through a security camera system. Unattended means that information is not being observed by an employee authorized to access the information. SCO data shall not be left unattended at any time in vehicles or planes and shall not be checked in baggage on commercial airplanes.

3. Confidentiality Statement

All persons that will be working with SCO data must sign a confidentiality statement. The statement must include at a minimum, General Use, Security and Privacy safeguards, Unacceptable Use, and Enforcement Policies. The statement must be signed by the workforce member prior to access to SCO data. The statement must be renewed annually. The Contractor shall retain each person’s confidentiality statement for SCO inspection for a period of three years following agreement termination.