IFB_No._119643_Accessibility_Software_Training_Services.pdf
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- Attached to
- IFB No. 119643 Language Software traing Services
- Solicitation number
- 0000036282
- Issued by
- Alameda County, Alpine County, Amador County, Butte County, Calaveras County, Colusa County, Contra Costa County, Del Norte County, El Dorado County, Fresno County, Glenn County, Humboldt County, Imperial County, Inyo County, Kern County, Kings County, Lake County, Lassen County, Los Angeles County, Madera County, Marin County, Mariposa County, Mendocino County, Merced County, Modoc County, Mono County, Monterey County, Napa County, Nevada County, Orange County, Placer County, Plumas County, Riverside County, Sacramento County, San Benito County, San Bernardino County, San Diego County, San Francisco County, San Joaquin County, San Luis Obispo County, San Mateo County, Santa Barbara County, Santa Clara County, Santa Cruz County, Shasta County, Sierra County, Siskiyou County, Solano County, Sonoma County, Stanislaus County, Sutter County, Tehama County, Trinity County, Tulare County, Tuolumne County, Ventura County, Yolo County, Yuba County, Alameda City, Alpine Village CDP, Amador City, Amador Pines CDP, Sutter Creek City, Butte Creek Canyon CDP, Butte Meadows CDP, Butte Valley CDP, Rancho Calaveras CDP, Colusa City, Contra Costa Centre CDP, Auburn Lake Trails CDP, El Dorado Hills CDP, Placerville City, South Lake Tahoe City, Fresno City, Kingsburg City, Orange Cove City, San Joaquin City, Shaver Lake CDP, Blue Lake City, Humboldt Hill CDP, Imperial City, Alta Sierra CDP, China Lake Acres CDP, Glennville CDP, Inyokern CDP, Kernville CDP, Lake Isabella CDP, Lake of the Woods CDP, Lakeside CDP, Hidden Valley Lake CDP, Lakeport City, Lower Lake CDP, North Lakeport CDP, Upper Lake CDP, East Los Angeles CDP, Elizabeth Lake CDP, Lake Hughes CDP, Lake Los Angeles CDP, Lakewood City, Los Angeles City, Marina Del Rey CDP, Monterey Park City, San Marino City, Sierra Madre City, Bass Lake CDP, Madera City, Madera Acres CDP, Madera Ranchos CDP, Yosemite Lakes CDP, Corte Madera Town, Lucas Valley-Marinwood CDP, Marin City CDP, Lake Don Pedro CDP, Mariposa CDP, Mendocino CDP, Merced City, University of California-Merced CDP, Lake City CDP, Crowley Lake CDP, June Lake CDP, Mammoth Lakes Town, Mono City CDP, Twin Lakes CDP, Virginia Lakes CDP, Marina City, Monterey City, Napa City, Lake of the Pines CDP, Lake Wildwood CDP, Nevada City, Lake Forest City, Orange City, Kings Beach CDP, Bucks Lake CDP, Lake Almanor Country Club CDP, Lake Almanor Peninsula CDP, Lake Almanor West CDP, Lake Davis CDP, Plumas Eureka CDP, Canyon Lake City, Lake Elsinore City, Lakeland Village CDP, Lake Mathews CDP, Lake Riverside CDP, Lakeview CDP, Riverside City, Orangevale CDP, Sacramento City, Big Bear Lake City, Lake Arrowhead CDP, San Bernardino City, Silver Lakes CDP, Spring Valley Lake CDP, Alpine CDP, Imperial Beach City, Lake San Marcos CDP, Rancho San Diego CDP, San Diego City, San Diego Country Estates CDP, San Francisco City, Lake Nacimiento CDP, San Luis Obispo City, Emerald Lake Hills CDP, San Mateo City, South San Francisco City, Santa Barbara City, University of California-Santa Barbara CDP, Santa Clara City, Santa Cruz City, Lakehead CDP, Shasta CDP, Shasta Lake City, Sierra Brooks CDP, Sierra City CDP, Sierraville CDP, Lake Shastina CDP, Mount Shasta City, Sonoma City, Sonoma State University CDP, Monterey Park Tract CDP, Orange Blossom CDP, Sutter CDP, Yuba City, Lake California CDP, Rancho Tehama Reserve CDP, Tehama City, Trinity Center CDP, Trinity Village CDP, East Tulare Villa CDP, Tulare City, Mono Vista CDP, Phoenix Lake CDP, Pine Mountain Lake CDP, Sierra Village CDP, Tuolumne City CDP, Lake Sherwood CDP, West Sacramento City, Yolo CDP, Plumas Lake CDP, California
About this file
The document is an Invitation for Bid (IFB) No. 119643 issued by the California Employment Development Department (EDD) for Accessibility Software Training Services. The contract will provide assistive technology training to EDD employees located in Northern and Southern California, with services to be delivered from September 1, 2025, through August 31, 2028. Bidders are required to submit proposals for both in-person and remote training services, with bids due by 3:00 p.m. (PT) on August 14, 2025. The training will focus on software programs like JAWS and Dragon Naturally Speaking to help employees with disabilities perform their job duties, with services to be provided Monday through Friday during standard business hours, excluding state holidays.
The contract includes specific requirements for training delivery, such as a one-hour minimum per scheduled appointment, confirmation of service at least 48 hours in advance, and the contractor's ability to provide both in-person and remote training. The bid allows for small business and nonprofit veteran service agency preferences, with a potential 5% bid preference for certified small businesses. While specific pricing is not detailed in the document, the contract will require the contractor to provide hourly rates for in-person and remote training, with overtime charges not to exceed one and one-half times the standard hourly rate. The solicitation covers multiple EDD facilities across California, with a comprehensive list of Northern and Southern California locations included in the bid package.
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July 31, 2025
TO PROSPECTIVE BIDDERS
SUBJECT: INVITATION FOR BID (IFB) No. 119643
Accessibility Software Training Services
Term: September 1, 2025, through August 31, 2028
The Employment Development Department (the EDD) invites you to submit your bid for the above service in accordance with the attached Specifications.
If you wish to bid, see Instructions to Bidders. If you make any additions or modifications to the IFB package, it may result in the rejection of your bid. The EDD reserves the right to reject any or all bids. Disabled Veteran Business Enterprise Participation and Incentive requirements are waived for this IFB.
Bids must be received, and date stamped in the Contracts Services Group no later than:
Thursday, August 14 by 3:00 p.m. (PT)
If you have any questions, please contact me at Jason.Bartz@edd.ca.gov
/s/Jason Bartz Contract Analyst
Enclosures/ Stuart Sanchez
Employment Development Department 722 Capitol Mall, MIC 62-C
P.O. Box 826880 Sacramento, CA 94280-0001
Bid Due Date: August 14, 2025 Time: 3:00 p.m.
Exhibit Pages
Instructions to Bidders
A Scope of Work
Attachment A-1, Specifications
Attachment A-2, Facilities Site List…………………
Attachment A-3, California State Holiday Schedule…………………… 1
B Budget Detail and Payment Provisions……………………………………….. 2
C *General Provisions – 02/2025
D Special Terms and Conditions
E STD 213, Sample Standard Agreement
F Cost Proposal
G Bidder Declaration
H Contractor Certification Clauses…………….………………………………… 4
I Darfur Contracting Act Certification……………………………………………. 2
J Certification Regading Debarment……………………………………………… 2
K STD 204, Payee Data Record ………..………………………………………
L STD 205, Payee Data Record Supplement…………………………………… 2
*View at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language
Invitation for Bid No. 119643
IFB No. 119643
STATE OF CALIFORNIA
EMPLOYMENT DEVELOPMENT DEPARTMENT
INSTRUCTIONS TO BIDDERS
INVITATION FOR BID (IFB) REQUEST
1. Submission of Bids
a. Failure to read these instructions, the Specifications, and the Terms and Conditions included in this bid package will be at the bidder's risk. Written instruction(s) regarding the submission of bids shall take precedence over any verbal instruction(s).
b. Bidders shall complete, sign, and return all of the following documents listed below: The exterior of your envelope must clearly be noted: “INVITATION FOR BID, DO NOT
OPEN IN MAIL ROOM, IFB NO. 119643”.
Exhibit F Cost Proposal
Exhibit G Bidder Declaration
Exhibit H Contractor Certification Clauses (CCC 02/2025)
Exhibit I Darfur Contracting Act Certification
Exhibit J Certification of Debarment
Exhibit K Payee Data Record, STD 204
Exhibit L Payee Data Record Supplement, STD 205, if applicable
Secretary of State Certification of Status, is required if your company is a Corporation, Limited Liability Company (LLC), or Limited Partnership (LP). (Refer to Registered To Do Business in California of these Instructions For Bidders).
c. Documents must be signed by an authorized representative of the bidder’s firm. The forms must be completed in ink or typewritten. If errors are made, they must be crossed out and corrections printed in ink or typewritten adjacent to error. Corrections must be initialed in ink by person signing the bid forms.
d. The EDD reserves the right to reject any or all bids and may waive any immaterial deviation or defect in the bid. The EDD’s waiver of any immaterial deviation or defect shall in no way modify the solicitation documents or excuse the bidder from full compliance with the solicitation specification if awarded the contract. The EDD is not required to award an agreement.
e. Bid packages must be received and time stamped in Contract Services Group no later than 3:00 p.m. (PT) on the bid closing date of August 14, 2025. Signed copies of the sealed bid package are to be mailed or delivered to:
Regular, Overnight and/or Express Delivery:
Employment Development Department Mail Services 722 Capitol Mall, Room 2071 Sacramento, CA 95814 Attn: Jason Bartz, MIC 62-C
Email Delivery:
jason.bartz@edd.ca.gov
Bids received and time stamped after 3:00 p.m. (PT) on the bid closing date of August 14, 2025, will be considered "late" and will be returned to sender.
4. Online Small Business (SB) and Disabled Veteran Business Enterprise (DVBE) Certification Process
California’s SB and DVBE firms can now file their applications and get certified online via the Department of General Services website at: https://www.dgs.ca.gov/PD/Services/Page- Content/Procurement-Division-Services-List-Folder/Register-Apply-or-Renew-a-Small- Business-and-Disabled-Veteran-Business-Enterprise. Small Businesses and DVBEs can access the numerous benefits that come along with certification in a more timely and efficient manner.
5. Replacement of Disabled Veteran Business Enterprise Subcontractors
If for this Agreement, Contractor made a commitment to achieve Disabled Veteran Business Enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Agreement (or within such other time period as may be specified elsewhere in this Agreement) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Agreement; (2) the name and address of the DVBE(s) that participated in the performance of the Agreement; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Agreement have been made to the DVBE(s), and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation (Military & Veterans Code section 999.5(d)).
Contractor understands and agrees that should award of this Agreement be based in part on their commitment to use the DVBE subcontractor(s) identified in their bid or offer, per Military and Veterans Code section 999.5(e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of General Services (DGS).
Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment.
Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for contract termination, recovery of damages under rights and remedies due to the State and penalties as outlined in Military and Veterans Code section 999.9; Public Contract Code section 10115.10 or P.C.C. § 4110 (applies to public works only).
6. Award of the Agreement
a. Award will be made to the lowest responsible bidder meeting specifications and offering to supply the services described. The firm submitting the lowest responsible bid may be required to submit evidence that they have available, as needed, sufficient resources to provide the necessary equipment and personnel to enable them to meet the requirements of the Contract, and may also be required to furnish information as to their financial responsibility.
b. It is understood and agreed that following the award of the Contract, the successful bidder shall agree to comply with all Exhibits attached herein, and provide the required documents requested (i.e., bonds, insurance certificates, etc.) in order for the EDD to complete the execution of a Standard Agreement (STD. 213).
c. Small Business/Microbusiness (SB/MB) and Small Business/Nonprofit Veteran Service Agency (SB/NVSA) Certification Preferences
A SB/MB and SB/NVSA Certification Preferences are applicable to the award of this contract.
(1) Certified SB/MB and SB/NVSAs may claim preference when submitting a bid on this Contract. The preference is equal to five percent (5%) of the lowest responsible bid.
When the lowest responsible bid is not submitted by a certified small business, the preference becomes applicable. Please note that the preference is used for computation purposes only (to a maximum amount of $50,000) in determining the successful bidder. It does not alter the amount of the resulting contract.
(2) To learn more about the SB/MB and SB/NVSA Preference Programs and how your business might qualify, contact the Office of Small Business and DVBE Services at
(916) 375-4940.
d. California Certified Small Business Subcontractor Preference
A five percent (5%) bid preference is available to a non-small business claiming twenty-five percent (25%) California certified small business subcontractor participation. If claiming the non-small business subcontractor preference, the bid response must include a list of the small business(es) with which you commit to subcontract in an amount of at least twenty-five percent (25%) of the net bid price with one or more California certified small businesses. Each listed certified small business must perform a “commercially useful function” in the performance of the contract as defined in Government Code section 14837(d)(4).
The required list of California certified small business subcontractors must be attached to the bid response and must include the following: 1) subcontractor name; 2) address;
3) phone number; 4) a description of the work to be performed and/or products supplied;
5) and the dollar amount or percentage of the net bid price (as specified in the solicitation) per subcontractor.
Bidders claiming the five percent (5%) preference must commit to subcontract at least twenty-five percent (25%) of the net bid price with one or more California certified small businesses. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services no later than 3:00 p.m.
on the bid due date, and the Office of Small Business and DVBE Services must be able to approve the application as submitted. Questions regarding certification should be directed to the Office of Small Business and DVBE Services at (916) 375-4940.
7. Rejection of Bids
a. If the bid is received after the exact time and date as stipulated in the bid package, the bid shall be rejected.
b. If it is found that a bidder is not responsible (i.e., has not paid taxes; has submitted a bid when the bidder’s license is suspended on the date of the bid opening and/or award of the Contract, or during the proposed term of the Agreement; submitted a bid without an authorized signature; falsified any information in the proposal package or has provided poor performance on a previous contract with the EDD, etc.), the bid/proposal shall be rejected.
c. If it is found, upon license verification with the Contractor's State Licensing Board, that a bidder's license is suspended on the date of the bid opening and/or award of the contract, or during the proposed term of the Agreement, the proposal shall be considered non-responsive and shall be rejected.
d. The EDD reserves the right to reject any and all bids and to waive any immaterial deviation or defect in the bid. The EDD’s waiver of any immaterial deviation or defect shall in no way modify the bid document or excuse the bidder from full compliance with the solicitation document specifications if awarded a Contract.
8. Tie Bids
In the event of a tie between two bidders, a coin toss will be used to determine the winner.
Any coin toss shall be observed by witnesses, and the tied bidders would be invited to have representatives present.
9. Subcontractors No subcontracting will be allowed to circumvent competitive bidding. A certified Small Business/Microbusiness, Small Business/Nonprofit Veteran Service Agency or a certified Disabled Veteran Business Enterprise will only be permitted to subcontract in order to meet Department requirements and/or preferences. The subcontracting services and amount shall not exceed 25 percent (25%) of the bid. The Contractor shall be solely responsible for fulfilling the requirements of the bid. If it is anticipated that subcontractors will be used, the bid must include the name(s) of person(s) or firm(s), and must specify the portions and monetary percentages of the work to be done by them.
10. Subcontractors Substitution
If the EDD gives written approval to subcontract, Public Contract Code section 4107 authorizes an awarding authority to consent to substituting a subcontractor when the subcontractor listed in the bid fails or refuses to execute a written Contract for the Scope of
Work specified in the subcontractor's bid, and at the price specified in the subcontractor's bid.
11. Disposition of Bids
All material submitted in response to this bid package will become the property of the EDD and will become a public record after Award.
12. Grounds For Protest
a. Those who may protest are as follows:
For RFQ/IFBs, the lowest responsible bidder meeting the specifications (if not awarded the Contract).
For RFPs, any proposer who claims he/she should have been awarded the contract if the EDD had scored his or her proposal correctly, or if the agency had correctly followed the procedures specified in the P.C.C.
b. There is no protest if the awarding agency rejects all bids or proposals, based on the interest of the State.
13. Protest Exclusions
The State has no jurisdiction to consider a protest when:
The Contract is considered a public works contract.
The Contract award is for a type of contract not subject to the protest procedures. This category includes contracts for maintenance, modification, and so forth of real or personal property, including equipment and contracts for professional services under Government Code section 4525.
The protestant was not the lowest responsible bidder or the highest-scored proposer.
The protestant was not a bidder or proposer and seeks to contest the award. The only recourse in this case is through the civil courts.
The protest was not submitted in a timely manner.
The grounds for the protest do not meet the permissible grounds stated in the P.C.C.
14. Notification of the Right to Protest
Unsuccessful bidders who wish to protest this award must submit a detailed, written statement of protest, including the IFB/RFP No., the name of the State agency involved, and the agency contact person. The protest must be submitted within five (5) working days following the bid opening. All protests must be submitted to both of the following:
Department of General Services Office of Legal Services
Attention: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330
West Sacramento, CA 95605 Bid Protest Coordinator Email address: OLSProtests@dgs.ca.gov
Employment Development Department Contract Services Group
722 Capitol Mall, MIC 62-C Sacramento, CA 95814
15. Conditions and Commitment
By signing and submitting a bid package, the bidder acknowledges it has read, understood,and agrees to the following provisions:
a. General Provisions – 02/2025 available for viewing at: GTC 02/2025
b. Performing a Commercially Useful Function: In accordance with Government Code section 14837 and Military and Veterans Code section 999, all certified SB/MB or DVBE contractors, subcontractors and suppliers that bid on or participate in a state contract, regardless of whether it is a verbal or written solicitation must perform a Commercially Useful Function (CUF). A certified SB/MB or DVBE is deemed to perform a CUF if the business does all of the following:
Is responsible for the execution of a distinct element of the work of the Contract.
Carries out its obligation by actually performing, managing, or supervising the work involved.
Performs work that is normal for this business services and functions.
Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.
Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.
c. Payee Data Record, STD. 204 Revenue and Taxation Code section 18646 requires state agencies to file information tax returns (IRS Form 1099) for certain types of payments made to vendors. The successful bidder will be required to complete and submit a Payee Data Record, STD. 204 to the EDD before processing payment for services. Upon completion of the work in a manner satisfactory to EDD, EDD agrees to make payments in accordance with the contract provisions.
d. California Taxpayer and Shareholder Protection Act of 2003 This solicitation and any resulting contract are subject to all requirements as set forth in the Public Contract Code section 10286 which includes, but is not limited to, providing written submission of a declaration stating that the supplier is eligible to contract with the State of California pursuant to statutory requirements.
Failure of the supplier to comply with and provide information, when requested by the awarding department within the time indicated, will cause the supplier's bid response to be considered non-responsive and their bid will be rejected.
e. Registered To Do Business In California Corporations, Limited Liability Companies (LLCs), and Limited Partnerships (LPs) must be registered with the California Secretary of State to be awarded a contract. The Secretary of State Certificate of Status must be included with the bid. The Secretary of State may be contacted as follows:
https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-Updates/GTC-225-February-2025.pdf
California Secretary of State Division of Corporate Filing and Services
1500 Eleventh Street, Third Floor Sacramento, CA 95814-5701
Certification Unit: (916) 657-5251
Required document(s) may also be obtained at the following website:
https://businesssearch.sos.ca.gov/
f. Prohibition of Tax Delinquents from Contracting
The State of California is prohibited from entering into any contracts for the acquisition of goods and services with persons whose name appears on either list of the 500 largest tax delinquencies pursuant to section 7063 or section 19195 of the Revenue and Taxation
Code. Reference also to P.C.C. § 10295.4.
Bidder certifies that it is not included on the California Department of Tax and Fee
Administration list at: https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm or the Franchise
Tax Board list at: https://www.ftb.ca.gov/aboutFTB/Delinquent-Taxpayers.shtml
g. Loss Leader It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in California Business and Professions Code section 17030.
h. Declaration Forms All bidders must complete the Bidder Declaration GSPD-05-105 and include it with the bid response.
Bidders who have been certified by California as a Disabled Veteran Business Enterprise Declaration (DVBE) (or who are bidding rental equipment and have obtained the participation of subcontractors certified by California as a DVBE must also submit a completed form(s) STD. 843 (Disabled Veteran Business Enterprise Declaration).
All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s). The completed form should be included with the bid response. At the State’s option prior to award, bidders may be required to submit additional written clarifying information. Failure to submit the requested written information as specified may be grounds for bid rejection.
i. Insurance Requirement Contractor agrees the insurance herein provided for shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires at any time during the term of this Agreement, Contractor agrees to provide at least 30 days prior to said expiration date, a new certificate of insurance evidencing insurance coverage as outlined below for not less than the remainder of the term of this Agreement, or for a period of not less than one year. New certificates of insurance are subject to the approval of the Department of General Services, and Contractor agrees that no work or services shall be performed prior to the giving of such approval. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the EDD may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event. The Contractor shall provide written notice to the EDD within five (5) business days of any cancellation, non-renewal, or material change that affects required insurance coverage.
The Contractor shall display evidence of the following coverage on an ACORD certificate:
j. General Liability Insurance – The Contractor shall furnish to the EDD a certificate of insurance prior to commencement of work stating there is general liability insurance in effect for the Contractor in an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage combined.
The certificate of insurance must include the following provision stating:
“The State of California, its officers, agents, employees and servants are included as additional insured, but only with respect to work performed for the EDD under this Contract.” The additional insured endorsement must accompany the certificate.
k. Workers' Compensation and Employer’s Liability Insurance - The Contractor shall furnish to the EDD a certificate of insurance evidencing Workers’ Compensation and Employers Liability Insurance presently in effect with limits not less than $1,000,000 by an insurance carrier licensed to write Workers' Compensation insurance in California. Such certificate shall include the name of the carrier and the policy inception and expiration dates. If the Contractor is self-insured for Workers’ Compensation, a certificate must be presented evidencing Contractor is a qualified self-insurer in the State of California.
l. Automobile Liability Insurance, if applicable - The Contractor shall furnish to the EDD a certificate of insurance evidencing automobile liability insurance presently in effect for the Contractor of not less than $1,000,000 per accident while utilizing a motor vehicle in the performance of this contract. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non-owned motor vehicles.
m. Environmental Liability Insurance, if applicable – The Contractor and any subcontractors shall furnish to the EDD a certificate of insurance evidencing environmental liability insurance presently in effect for the Contractor of not less than $1,000,000 per occurrence for bodily injury, property damages and costs incurred for clean-up and removal of substances causing pollution conditions. This requirement can also be met by securing one of the following: (1) an endorsement to the Contractor’s general liability insurance overriding the general liability pollution exclusion or; (2) an endorsement evidencing pesticide/herbicide coverage afforded to the Contractor’s general liability policy.
n. Iran Contracting Act Certification, if applicable
Pursuant to the Iran Contracting Act of 2010 (P.C.C. sections 2200 - 2208 are “the Act”), vendors are ineligible to bid on, submit a bid for, enter into, or renew any contract with the
State for goods or services of one million dollars ($1,000,000) or more if the vendor engages in investment activities, in Iran, as defined in the Act.
Bidder certifies that it is not on the current list of Entities Prohibited from Contracting with
Public Entities in California per the Act found at:
https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-DivisionResources-
List-Folder/List-of-Ineligible-Businesses
o. California Public Records Act (PRA)
Upon award, all documents and information therein, submitted in response to this IFB become property of the State of California and will be regarded as public records under the
Public Records Act, pursuant to Government Code section 6250, et seq.
p. 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. By submitting a bid or proposal, the Contractor represents that it is not a target of Economic Sanctions. Should the state determine the Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to Contract execution, or, if determined after Contract execution, shall be grounds for termination by the state.
q. GenAI Technology
The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.
Bidder / Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.
Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such non-disclosure.
Upon notification by a Bidder / Offeror of GenAI as required, 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.
Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.
EXHIBIT A
SCOPE OF WORK
(Standard Agreement)
IFB No. 119463
1. This Agreement is entered into by and between the Employment Development Department, hereinafter referred to as the EDD, and TBD, hereinafter referred to as the Contractor, for the purpose of providing Assistive Technology Training Services for the EDD facilities in Northern and Southern California.
2. The Project Representatives during the term of this Agreement will be:
State Agency Contractor
Employment Development Department Attn: Stuart Sanchez 751 N Street, MIC 54 Sacramento, CA 95814 Phone: (916) 982-1822 Email: Stuart.Sanchez@edd.ca.gov
TBD
Attn:
Phone:
Email:
3. The services shall be provided in accordance with Attachment A-1, Specifications, Attachment A-2, Facilities Site List, and Attachment A-3, State of California Holiday Schedule, which are incorporated as a part of this Agreement.
4. Health and Safety Requirements
The Contractor when entering the EDD facility and/or property is expected to be familiar with and abide by all statewide and locally mandated health and safety requirements. Such requirements include, but are not limited to, following the California Department of Health’s (CDPH) Guidance for the Use of Face Coverings published on March 3, 2023 (along with any subsequent versions) and remaining compliant with personal protective equipment (PPE) and other safety equipment requirements provided under state and federal occupational safety and health laws.
The EDD also requires that the Contractor follow additional guidelines from the CDPH and public health officials, such as avoiding close contact with others and engaging in hygienic practices while working. The EDD reserves the right to require stricter requirements than are recommended by local and state public health authorities. Non-compliance by the Contractor, its employees, or any subcontractors may result in the EDD refusing entry onto, or removal from, the EDD property. A breach of these requirements grants the EDD the right to terminate this Agreement.
5. BACKGROUND INVESTIGATION
The EDD shall conduct a background investigation of the Contractor, its employees, contractors, agents, volunteers, vendors, or subcontractors, unless the EDD determines such individuals are not subject to a background investigation. Individuals must voluntarily consent to a background check and the EDD reserves the right to disapprove any individual from performing services under the scope of the Contract.
Investigations will be conducted to ascertain whether a contractor, its employees, contractor’s agents, volunteers, vendors, or subcontractors have any state or federal convictions, or are currently released from custody on bail or on their own recognizance pending trial. The background investigation will include fingerprinting and an inquiry to the California Department of Justice and the Federal Bureau of Investigations (FBI) to disclose Criminal Offender Record Information. The EDD will absorb the cost of the fingerprinting services.
IFB No. 119463
ATTACHMENT A-1
SPECIFICATIONS
(Standard Agreement)
I. GENERAL
The Contractor shall furnish all labor, tools, equipment, and materials, and pay all taxes, permits, and/or inspection fees necessary to perform the work in accordance with these Specifications. The Contractor shall provide all materials/products and administer all training services per accepted industry standards. Should there be any errors or omissions in any of the instructions, specifications, or exhibits in regard to materials and or methods recommended, it shall be the Contractor’s responsibility to notify the EDD Representative, and upon agreement, use the appropriate materials, method, or process to obtain the
INTENDED FINISHED PRODUCT.
II. SCOPE OF WORK
A. The intent of this Agreement is for the Contractor to provide assistive technology training services in order to assist employees with disabilities with performing their essential job functions for the EDD employees located in Northern and Southern California. The EDD does not guarantee a specific amount of work under this Agreement. Any quantities of work listed are to be considered estimates only, unless otherwise specified.
B. The Contractor must have experience in providing remote assistive technology training to individuals who need assistive technology. The Contractor must have extensive knowledge of the software features in order to assist and train the end user on configuring the software to meet their needs.
C. All work shall be completed in compliance with any specifications and shall comply with all applicable codes, regulations, and ordinances.
D. The Contractor shall provide all necessary labor, materials, equipment, and transportation to all of the EDD facilities in the attached Facilities Site List. If virtual services are requested, instead of office in-person services, the Contractor shall provide training services through virtual platform as indicated by the requesting EDD Representative.
E. EDD offices are subject to relocation and/or closure. The EDD will make all attempts to provide the Contractor a thirty (30) day prior notification of such activities. Relocation, closure and/or the addition of an office will not require an amendment to this Agreement.
F. The Contractor must have the ability to provide remote training and in person training per enrolled employee. The Contractor must have the ability to provide remote training through methods such as Zoom or Microsoft Teams.
G. The Contractor agrees that the cost for transportation is to be included in the hourly rate.
H. The Contractor agrees that any subcontractors to this Agreement must be approved in advance by EDD. Nothing contained in this Agreement or otherwise, shall create any contractual relation between the State and any subcontractors arranged by the Contractor. No subcontractor shall relieve the Contractor of their responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors.
ATTACHMENT A-1
SPECIFICATIONS
(Standard Agreement)
III. SPECIFICATIONS
A. The Contractor shall provide software training services to ensure EDD employees who use assistive technology have proper training on software programs such as, or equal to, JAWS and Dragon Naturally Speaking used to perform their job duties.
B. The services shall be provided Monday through Friday, from 8:00 a.m. to 5:00 p.m., excluding state holidays listed in the attached State of California Holiday Schedule.
C. The EDD’s participants may enroll in any new training services (upon approval by the EDD Representative) offered by the Contractor without requiring an amendment to this Agreement.
D. The Contractor shall provide confirmation of service to the EDD Representative each time a training request is made. The confirmation must be made at least 48 hours before the scheduled appointment, or earlier if possible.
IV. CONTRACTOR RESPONSIBILITIES
A. If the EDD provides a cancellation email notification to the Contractor at least eight (8) business days prior to the first day of a confirmed training, there will be no charge for the registration of the individual participant or the group.
B. The Contractor shall report directly to the EDD Representative. The EDD Representative reserves the right to appoint key individuals within the EDD to act in accordance with EDD procedures and this Agreement in the EDD Representative’s absence.
C. The Contractor shall provide confirmation of service to the EDD Representative each time a training request is made. The confirmation must be made at least 48 hours before the scheduled appointment, or earlier if possible.
D. The Contractor shall not accept any registration request without first receiving authorization from the EDD Representative.
E. If the Contactor is unable to provide the requested services as a result of scheduling conflict, the vendor may use a subcontractor for services provided. The vendor must notify the EDD Representative in a timely manner, at least 48 hours before the scheduled appointment or earlier, if possible, when services are not available.
F. The Contractor agrees that any subcontractors to this Agreement must be approved in advance by EDD. Nothing contained in this Agreement or otherwise, shall create any contractual relation between the State and any subcontractors arranged by the Contractor. No subcontractor shall relieve the Contractor of their responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors.
ATTACHMENT A-1
SPECIFICATIONS
G. The Contractor will provide reasonable accommodations under the terms of the
Americans with Disabilities Act of 1990. Within five (5) business days of notification of the need for a reasonable accommodation, the Contractor will consult directly with the enrolled participant to determine what is necessary for accommodation and will provide such reasonable accommodations.
H. The Contractor shall report, in writing, to the EDD Representative who requested the training services, any and all problems that occur while providing services to individual(s).
I. The Contractor shall provide an invoice of completed services for each assignment to the EDD Representative within one (1) week after the completion of services. The invoice mush contain the date and office location where the services were provided, as well as the name of the individual(s) who received training services. Upon verification with the EDD Representative, the invoice will be approved and submitted for payment.
V. EDD RESPONSIBILITIES
A. The EDD shall designate an EDD Representative to work with the Contractor to fulfill the requirements of these Specifications.
B. The EDD Representative will enroll employees in training services.
C. A one-hour minimum per scheduled appointment required and will be charged to the
EDD.
D. The EDD will email cancellation notices to the Contractor within eight (8) business days in advance of the first day of the confirmed training services. If eight (8) business days notice of cancellation is not provided by the EDD, the Contractor may charge a cancellation fee equal to the cost of the scheduled course.
ATTACHMENT A-2
FACILITIES SITE LIST
Northern Facilities List
Office Address City Zip
Bakersfield WS 1600 E. Belle Terrace Bakersfield 93307
Bakersfield DI 1800 30th St., Ste. 250 Bakersfield 93301
Bakersfield TAX 1800 30th St., Ste. 240 Bakersfield 93301
Fresno CUIAB 590 W. Alluvial Ave., Ste. 110 Fresno 93711
Fresno Various** 2550 Mariposa Mall (aka 1050 O Street)
Fresno 93721
Fresno DI* 2555 S. Elm Ave. Fresno 93706
Fresno DI/PFL 855 M St., Ste. 810 Fresno 93721
Hanford WS 124 N. Irwin St. Hanford 93230
Madera WS 2037 West Cleveland Ave. Madera 93637
Mendota WS 655 Quince St., Ste. C Mendota 93640
Merced WS/TAX* 1205 W. 18th St. Merced 95340
Modesto WS* 629 12th St. Modesto 95354
Porterville WS 1063 W. Henderson Ave. Porterville 93257
Salinas WS 928 E. Blanco Rd., Ste. 280 Salinas 93901
Salinas CUIAB 1615 Bunker Hill Way, Ste. 220 Salinas 93906
Visalia CUIAB 5415 Avenida de los Robles, Ste. 101 Visalia 93291
Visalia WS 4025 West Noble Ave., Ste. B Visalia 93277
Concord WS 4071 Port Chicago Hwy., Ste. 250 Concord 94520
Foster City ETP 1065 E. Hillsdale Blvd., Ste. 415 Foster City 94404
Fremont WS 39155 Liberty St., Ste. B200 Fremont 94538
Sacramento – Northern
Warehouse
1733 W. Sports Dr. Sacramento 95834
San Francisco
CUIAB
455 Golden Gate Ave., 9th Floor San Francisco 94102
San Francisco DI/UI/WSB/Tax*
745 Franklin St. (aka 801 Turk St.) San Francisco 94102
San Jose CUIAB 2665 N. 1st St., Ste. 100 San Jose 95134
San Jose DI/TAX* 297 W. Hedding St. San Jose 95110
San Jose UI/WSB 1901 Zanker Rd. San Jose 95112
West Sacramento – Print/Mail
Distribution
3704 Parkway Place West Sacramento
95691
Chico DI/TAX* 240 W. 7th St. Chico 95928
Colusa (Land)* 146 Market St. Colusa 95932
Eureka WS/TAX* 409 K St. Eureka 95501
Redding WS/TAX* 1325 Pine St. Redding 96001
ATTACHMENT A-2
Sacramento DI/WS* 5009 Broadway Sacramento 95820
Sacramento TAX 3321 Power Inn Rd., Ste. 140, 120, Rm. 208
Sacramento 95826
Sacramento CUIAB Headquarters
2400 Venture Oaks Way Sacramento 95833
San Luis Obispo WS 3450 Broad St., Ste. 104 San Luis Obispo 93401
San Luis Obispo
CUIAB/PACB
3196 S. Higuera St., Ste. B San Luis Obispo 93401
Santa Maria WS 1410 South Broadway Santa Maria 93454
Ukiah WS 2550 N. State St. Ukiah 95482
Capitola WS 2045 40th Ave., Ste. 1 Capitola 95010
Hollister WS 1111 San Felipe Rd., Ste 107 Hollister 95023
Lakeport WS 55 1st St., Ste. F Lakeport 95453
Marysville WS 1114 Yuba St. Marysville 95901
Modesto TAX 3340 Tully Rd., Ste. E10 Modesto 95350
Oakland PACB (ID) 7677 Oakport St., Ste. 225 Oakland 94621
Oakland WS/DI 7677 Oakport St., Ste. 350 & 325 Oakland 94621
Oakland TAX 7677 Oakport St., Ste. 400 Oakland 94621
Oakland UI/DI* 1225 4th Ave. Oakland 94606
Oakland CUIAB** 1515 Clay St., Ste. 902 Oakland 94612
Santa Rosa TAX** 50 D St., Floor 1, Ste. 100 Santa Rosa 95404
Santa Rosa
CUIAB**
50 D St., Floor 3, Ste. 340 Santa Rosa 95404
Santa Rosa WS/DI* 606 Healdsburg Ave. Santa Rosa 95401
Stockton DI 3127 Transworld Dr., Ste. 150 Stockton 95206
Stockton WS 6221 West Lane Stockton 95210
Stockton
(VACANT)**
31 E. Channel St., Ste. 213 West Stockton 95202
Tracy WS 543 W. Grant Line Rd., Ste. 113 Tracy 95376
Vallejo WS/TAX* 1440 Marin St. Vallejo 94590
Rancho Cordova
TPAD
10949 Trade Center Dr. Rancho Cordova
95670
Rancho Cordova Tax/Collections
10969 Trade Center Dr., Stes. 104, 202, 203
Rancho Cordova
95670
Rancho Cordova
UIAD
10989 Trade Center Dr., 2nd Floor Rancho Cordova
95670
Rancho Cordova
UIAD
10989 Trade Center Dr., Stes. 100 &
Rancho Cordova
95670
Rancho Cordova
UINOD
11037 Trade Center Dr., Ste. 104 & 2nd Floor
Rancho Cordova
95670
Rancho Cordova UI 11037 Trade Center Dr., Ste. 100 Rancho Cordova
95670
Rancho Cordova
UIAD
2752 Kilgore Rd. Rancho Cordova
95670
Sacramento
(VACANT)
9323 Tech Center Dr., Ste. 1000 Sacramento 95826
ATTACHMENT A-2
FACILITIES SITE LIST
(Standard Agreement)
Sacramento ETP 1100 J St., Stes. 400 & 500 Sacramento 95814
EDD Central Office**
722 & 800 Capitol Mall Sacramento 95814
EDD Central Office - Solar Building and Park Complex**
750 & 751 N St. Sacramento 95814
CWDB** 750 N St. Sacramento 95814
CWDB** 800 Capitol Mall, Rms. 1002 & 1022 Sacramento 95814
LWDA** 800 Capitol Mall, Ste. 5000 and 5003 Sacramento 95814
Sacramento DMD 9815 Goethe Rd. Sacramento 95827
Southern Facilities List
Office Address City Zip
Blythe WS 1 College Dr., P. E. Bldg. Blythe 92225
Chino Hills DI 15315 Fairfield Ranch Rd. Chino 91709
Hemet WS 749 N. State St. Hemet 92543
Indio WS 44-199 Monroe St. Indio 92201
Rancho Cucamonga
CUIAB
9655 Arrow Route, Bldg. 19, Ste. A Rancho Cucamonga
91730
Rancho Cucamonga WS 9650 9th St.
Rancho Cucamonga
91730
Redlands UI CUISC 1135 Research Dr. Redlands 92374
Riverside DI* 1190 Palmyrita Ave. Riverside 92507
Riverside WS 1325 Spruce St. Riverside 92507
San Bernardino CUIAB 1845 S. Business Center Dr. San Bernadino 92408
San Bernardino DI* 371 W. 3rd St. San Bernadino 92401
San Bernardino Tax 658 E. Brier Dr., Ste. 300 San Bernadino 92408
San Bernardino UI PAC* 480 Mountain View Ave. San Bernadino 92401
Victorville WS 17310 Bear Valley Rd., Ste. 102-109 Victorville 92395
Anaheim Tax 2099 S. State College Blvd., Ste. 301, 401 Anaheim 92806
Anaheim WS 201 S. Anaheim Blvd., 2nd Floor Anaheim 92805
Calexico WS 355 E. 3rd St. Calexico 92231
Chula Vista UI PCC 1045 Tierra Del Rey Chula 91910
Chula Vista WS 1111 Bay Blvd. Chula 91911
El Centro WS* 1550 W. Main St. El Centro 92020
Garden Grove WS 7077 Orangewood Ave. Garden 92841
La Palma CUIAB 6 Centerpointe Dr., 4th Floor La Palma 90623
Oceanside WS/DIV 1949 Avenida Del Oro, Ste. 106 Oceanside 92056
ATTACHMENT A-2
Riverside UI PCC* 1180 Palmyrita Ave. Riverside 92507
San Diego CUIAB 3517 Camino Del Rio S., Ste. 100, 310 San Diego 92108
San Diego DI 9246 Lightwave Ave., Bldg. A, Ste. 300 San Diego 92123
San Diego ETP 9095 Rio San Diego Dr., Ste. 320 San Diego 92108
San Diego Tax 10636 Scripps Summit Ct., Ste. 202 San Diego 92131
San Diego UI PAC** 1350 Front St., Basement, Floor 1, 3, 4, 6 San Diego 92101
San Diego WS 4389 Imperial Ave., Ste. 110 San Diego 92113
Santa Ana WS 801 W. Civic Center Dr., 2nd Floor Santa Ana 92701
Anaheim UI/Inv./Trng 1065 Link, Ste. 100, 150, 300 Anaheim 92806
Buena Park UI PCC 7000 Village Dr. Buena Park 90621
Canoga Park WS 21010 Vanowen St. Canoga Park 91303
Culver City WS 5450 Sepulveda Blvd. Culver City 90230
East L.A. WS 5301 E. Whittier Blvd., 2nd Floor, Ste. 200 East L.A 90022
Huntington Park WS 2677 Zoe Ave., 2nd Floor Huntington Park 90255
Inglewood CUIAB 9800 La Cienega Blvd., Ste. 901, 904, 907, 908 Inglewood 90301
Inglewood SWPAC* 4540 W. Century Blvd. Inglewood 90304
Inglewood WS 110 S. La Brea Ave. Inglewood 90301
La Puente WS 14101 E. Nelson Ave. La Puente 91746
Los Angeles CUIAB** 300 Spring St., Rm. 1502, 12th Floor Los Angeles 90013
Norwalk Inv. 12725 Pioneer Blvd. Norwalk 90650
Oxnard CUIAB 1901 N. Rice Ave., Ste. 300 Oxnard 93030
Oxnard WS 2901 Ventura Rd., 3rd Floor Oxnard 93036
Paramount BOPSD 15315 Texaco Ave. Paramount 90723
Santa Ana DI 2 McArthur Plaza Santa Ana 92701
Santa Barbara DI/WS* 130 E. Ortega St. Santa Barbara 93101
Ventura Tax 4820 McGrath St., Ste. 200 Ventura 93003
Anaheim UI PAC 2420 E. Lincoln Ave., Ste. A, B Anaheim 92806
Chatsworth CUIAB 21601 Devonshire St., Ste. 215 Chatsworth 91311
Compton WS 2909 Pacific Commence Dr. Compton 90221
Glendale WS 1255 S. Central Ave. Glendale 91204
Lancaster CUIAB 44-300 Lowtree, #114 Lancaster 93534
Lancaster WS/TAC 1420 W. Ave. I Lancaster 93534
Long Beach DI 4300 Long Beach Blvd., Ste. 520, 600 Long Beach 90807
Long Beach WS 4811 Airport Plaza Dr. Long Beach 90815
Los Angeles DI 888 S. Figueroa St., 2nd Floor Los Angeles 90017
Los Angeles UI PAC* 1405 S. Broadway (1400 S. Hill St.) Los Angeles 90015
Los Angeles WS/Tax* 5401 Crenshaw Blvd. Los Angeles 90043
ATTACHMENT A-2
North Hollywood ETP 4640 Lankershim Blvd., Ste. 311 North Hollywood 91602
Pasadena CUIAB 433 N. Fair Oaks Ave., Ste. 200 & 202 Pasadena 91103
Pasadena WS* 1207 E. Green St. Pasadena 91106
San Pedro WS 222 W. 6th St., Ste. 410 & 480 San Pedro 90731
Santa Fe Springs Tax 10330 Pioneer Blvd., Ste. 150 Santa Fe Springs 90670
Torrance WS* 1220 Engracia Ave. Torrance 90501
Van Nuys DI 15400 Sherman Way, Ste. 500 Van Nuys 91406
Van Nuys Tax** 6150 Van Nuys Blvd. Van Nuys 91401
West Covina WS 933 S. Glendale Ave. West Covina 91790
ATTACHMENT A-3
STATE OF CALIFORNIA HOLIDAY SCHEDULE
(Standard Agreement)
DATE HOLIDAY
January 1st New Year’s Day*
3rd Monday in January Martin Luther King, Jr. Day
3rd Monday in February President’s Day
March 31st Cesar Chavez Day*
Last Monday in May Memorial Day
July 4th Independence Day*
1st Monday in September Labor Day
November 11th Veteran’s Day**
4th Thursday in November Thanksgiving
4th Friday in November Day after Thanksgiving
December 25th Christmas Day
* If any of these holidays occur on a Saturday, the holiday is not observed via the closing of state offices during the week. If any of these holidays occurs on a Sunday, the holiday is observed on the next day (Monday).
** If Veterans Day occurs on a Saturday, the holiday is observed on the proceeding Friday. This is the only exception to the Saturday Holiday rule above. If this holiday occurs on a Sunday, the holiday is observed on the next day (Monday).
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
IFB No. 119643
(Standard Agreement)
I. Invoicing and Payment
A. In consideration of services performed, the EDD shall compensate the Contractor the 'In- Person hourly rate of ($ ), and the 'Remote' hourly rate of ($ ). The total dollar amount of this Agreement shall not exceed ($ ).
B. The Contractor shall provide an invoice of completed services for each assignment to the EDD/Central Office (CO) contact person designated by the Contract, within one (1) week of providing services. The invoice must contain the date and site location the services provided, and the name of the individual(s) who received the scripting and/or training services. Upon verification with the EDD site contact, the invoice will be approved and submitted for payment by the EDD/CO and submitted for payment by the EDD/CO contact person designated by the Contract.
C. The invoice must reference the following:
The EDD Contract Number M119643-7100 Identifies services provided, service period, unit price (i.e. hourly, monthly), and quantity applicable to the service Accurate billing address as stated on the Purchase Order or Contract Supplier invoice date Company name and remittance address
The invoice, in triplicate, in arrears shall be forwarded to the address shown below:
Employment Development Department 751 N Street, MIC 54
Sacramento, CA 95814 Attn: Stuart Sanchez
II. Budget Contingency Clause
It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional and legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays which would occur if the Agreement were executed after that determination was made.
This Agreement is valid and enforceable only if (1) sufficient funds are made available by the State Budget Act of the appropriate State Fiscal Year(s) covered by this Agreement for the purposes of this program; and (2) sufficient funds are made available to the State by the United States Government or by the State of California for the Fiscal Year(s) covered by this Agreement for the purposes of this program. In addition, this Agreement is subject to any additional restrictions, limitations or conditions established by the United States Government and/or the State of California, or any statute enacted by the Congress and Legislature, which may affect the provisions, terms or funding of the Agreement in any manner.
The parties mutually agree that if the Congress and/or Legislature does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds.
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
(Standard Agreement)
The EDD has the option to terminate the Agreement under the 30-day termination clause or to amend the Agreement to reflect any reduction of funds.
III. California Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in Government Code section 927 et seq.
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
(Standard Agreement)
1. Workforce Innovation and Opportunity Act (WIOA)
The Contractor agrees to conform to nondiscrimination provisions of the Workforce Innovation and Opportunity Act (WIOA) and other federal nondiscrimination requirements as referenced in 29 CFR, parts 37 and 38.
2. Termination Clause
This Agreement may be terminated by the EDD by giving written notice 30 days prior to the effective date of such termination.
3. Settlement of Disputes
Any dispute concerning a question of fact arising under the term of this Agreement which is not disposed of within a reasonable period of time (ten days) by the Contractor and the EDD employees normally responsible for the administration of this Contract shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution.
4. Force Majeure
Neither party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or failure of performance constitute default, if such delay or failure is caused by “Force Majeure.” As used in this section, “Force Majeure” is defined as follows:
Acts of war and riots, and acts of god such as earthquakes, floods, pandemics and other natural disasters such that performance is impossible.
5. Public Convenience and Interference with Office Operation
The Contractor shall make provisions to accomplish the work of this Agreement without undue interference to the occupants of the building and building operations.
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