IFB_P2660002,_Sample_Agreement.pdf

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT

STD 213 (Rev. 04/2020)

AGREEMENT NUMBER

P2660002 PURCHASING AUTHORITY NUMBER (If Applicable)

SCO ID: 3600-P2660002 (SAMPLE)

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

CONTRACTING AGENCY NAME

California Department of Fish andWildlife

CONTRACTOR NAME

To Be Determined (TBD)

2. The term of this Agreement is:

START DATE

July 1, 2026

THROUGH END DATE

June 30, 2029

3. The maximum amount of this Agreement is:

TBD

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.

Exhibits Title Pages

Exhibit A Scope of Work 10

Exhibit A, Attachment I Imperial Wildlife Area - Wister Unit Map 1

Exhibit A, Attachment

II

Finney - Ramer Unit Imperial Wildlife Area Map 1

Exhibit A, Attachment

III

Sonny Bono Salton Sea National Wildlife Refuge Hazard and Union Hunting Areas Map 2

Exhibit B Budget Detail and Payment Provisions 7

Exhibit C * General Terms and Conditions (GTC 02/2025) *

Exhibit D Additional Provisions 10

Exhibit E Federal Provisions 4

Items shownwith an asterisk (*), are hereby incorporated by reference andmadepart of this agreement as if attachedhereto.

These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources

INWITNESSWHEREOF, THIS AGREEMENTHASBEEN EXECUTEDBY THE PARTIES HERETO.

CONTRACTOR

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

TBD

CONTRACTOR BUSINESS ADDRESS

TBD

CITY

TBD

STATE

TBD

ZIP

TBD

PRINTED NAME OF PERSON SIGNING

TBD

TITLE

TBD

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT

STD 213 (Rev. 04/2020)

AGREEMENT NUMBER

P2660002 PURCHASING AUTHORITY NUMBER (If Applicable)

SCO ID: 3600-P2660002 (SAMPLE)

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME

California Department of Fish andWildlife

CONTRACTING AGENCY ADDRESS

P.O. Box 944209

CITY

Sacramento

STATE

CA

ZIP

94244

PRINTED NAME OF PERSON SIGNING

AmyMowrer

TITLE

Branch Chief, Business Management Branch

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION (If Applicable) SCM Volume 1, Section 4.04 (A)(2)

California Department of Fish and Wildlife Agreement Number: P2660002 Exhibit A – Scope of Work Contractor: TBD

(Version 05/2024)

1. Introduction of Services

The Contractor agrees to provide portable toilet unit rentals and servicing and septic tank pumping to the California Department of Fish and Wildlife (CDFW) in accordance with the specifications, terms, and conditions contained herein.

2. Location of Services

• Imperial Wildlife Area – Wister Unit (IWA-WU), 8700 Davis Road, Niland, CA 92257

• Imperial Wildlife Area – Hazard Unit (IWA-HU), 906 W. Sinclair Rd, Calipatria, CA 92233

• Imperial Wildlife Area – Finney / Ramer Unit (IWA-FU), 5801 Kershaw Road, Calipatria, CA 92233

3. Service Schedule

Weekly servicing will be provided for all portable toilet units on Thursdays only, between the hours of 8:00 a.m. and 4:00 pm, commencing with the first Thursday after initial delivery. The Contractor will be required to obtain agreement, in writing, from the CDFW Contract Manager for any changes to the service schedule.

4. Project Officials

CDFW Project Officials Contractor Project Officials

Contract Manager Project Director Name: Cris Crecelius Name: TBD Phone: (760) 636-6118 Phone: TBD Email: cristopher.crecelius@wildlife.ca

.gov Email: TBD

Address: 8700 Davis Road, Niland, CA Address: TBD 92257

Direct all inquiries to: Direct all inquiries to:

CDFW – Inland Deserts Region 6 Name: Noretta Govoni Name: TBD Address: 3602 Inland Empire C-220 Address: TBD

Ontario CA 91764 Phone: (909) 944-0234 Phone: TBD Email: noretta.govoni@wildlife.ca.gov Email: TBD

Either party may make changes to the Project Officials by giving written notice to the other party. Said changes will not require an amendment to this Agreement.

mailto:cristopher.crecelius@wildlife.ca.gov mailto:noretta.govoni@wildlife.ca.gov

5. Scope of Work

A. Background and Objectives

CDFW owns and operates various wildlife areas within the State of California. It is necessary to provide public restroom facilities during various hunting and recreational seasons. This is accomplished through a combination of State owned and rented portable toilets. This agreement will also seek additional rentals and servicing of all the portable toilets needed.

The Imperial Wildlife Area – Wister Unit (IWA-WU) is located at 8700 Davis Road Niland, CA 92257. The wildlife area consists of approximately 8,000 acres, of which approximately 5,000 acres are only open to the public during “Waterfowl Season” each year from October through February. IWA-WU receives approximately 500 visitors per week during the Waterfowl Season. This influx in visitation creates a significant need for additional restroom facilities.

Currently, IWA-WU owns four (4) vaulted restroom units each containing a 750-gallon inground septic tank that are available for public use. These units are suitable for off-peak seasons but are inadequate due to the sharp increase in patronage during the Waterfowl Season. The Imperial Wildlife Area-Finney/Ramer Unit (IWA-FU) has two (2) vaulted restrooms located on the grounds. Exact building locations will be provided by the CDFW Contract Manager at the time of scheduling.

The Contractor will provide rental and servicing of Standard and Americans with Disabilities Act (ADA) compliant portable toilet units for the Imperial Wildlife Area. The Contractor will also provide vault toilet septic tank pumping services at Imperial Wildlife Area.

B. Work to be Performed

The Contractor will provide portable toilet rental and servicing for the Imperial Wildlife Area (IWA) in accordance with the specifications, terms, and conditions contained herein:

Waterfowl Season (October through February each year of the agreement)

• Nine (9) Americans with Disabilities Act (ADA)-compliant portable toilet units

• Eight (8) standard portable toilet units

Table 1. Number of units needed and serviced during the Waterfowl Season (October 1 – February 15).

Service Locations

Portable Toilet Rentals and Servicing Septic

Tank Pumping Standard Units

ADA Compliant Units

Drop-Off: October, Pick-Up: February

Servicing: Thursdays/weekly October & February

Imperial Wildlife Area – Wister Unit

(IWA-WU)

8700 Davis Road Niland, CA 92257

Imperial Wildlife Area – Wister Unit

(IWA-WU)

8700 Davis Road

1- (3,000 Gallon Septic Tank to be Pumped annually)

1- 1,500 Gallon Septic tank to be pumped annually

4- Vault Toilets to be serviced Bi-Annually

Imperial Wildlife Area – Finney/Ramer Unit (IWA- FU) 5801 Kershaw Road Calipatria, CA 92233

2- Vault Toilets to be serviced Bi-

Annually

Imperial Wildlife Area- Hazard Unit

(IWA-HU)

906 W. Sinclair Rd.

Calipatria, CA 92233

a. Appearances

The Contractor will ensure that all units provided for IWA are uniform in size, structure, appearance, and meet all unit specifications listed in Table 2 below. Additionally, each unit will have a decal with the Contractor’s company name and current phone number affixed in a plainly visible position. The Contractor will be responsible for making any adjustments and repairs as needed and requested by the CDFW Contract Manager to meet these standards.

Table 2. Required unit specifications for all portable toilets at all areas under this agreement.

Standard Units ADA Compliant Portable Toilet Unit

Specifications

Heavy-duty, high-grade construction Heavy-duty, high-grade construction

Single occupancy Single occupancy

Ventilation system Ventilation system

Toilet paper dispenser (1,000 single-ply capacity) Toilet paper dispenser (1,000 single-ply capacity); toilet paper dispenser must be mounted 19” minimum from floor

Toilet seat cover dispenser Toilet seat cover dispenser

Antibacterial hand sanitizer dispensers Antibacterial hand sanitizer dispensers

Air freshener Air freshener

Seated toilet Seated toilet

Plastic or fiberglass Plastic or fiberglass

Translucent roof (entire or partial) to allow light in Translucent roof (entire or partial) to allow light in

Single or double wall construction; at least 1/8” thick

Single or double wall construction; at least 1/8” thick

At least a 50-gallon holding tank At least a 50-gallon holding tank

Standard Units ADA Compliant Portable Toilet Unit

Specifications

At least 3.5’ wide x 3.5’ deep x 7’ high ADA* compliant grab bars

Urinals/toilets must have an elongated rim

IWA-WU/HU: Clear floor space of 30” x 48” in front of urinal/toilet as a path

Urinals/toilets shall be 17” maximum height from floor

60” minimum turning diameter; maximum 48” forward reach; maximum 54” side reach

Task 1: Delivery and Installation of Portable Toilets

The Contractor will deliver the units to the IWA within 48 hours of request by the CDFW Contract Manager.

Placement o Units are to be spread throughout the IWA for public use during the Waterfowl season. For specific location set up, see location maps added here and made part of this agreement:

▪ Exhibit A, Attachment 1 (Wister (IWA -WU) Unit Map - 8700 Davis Road, Niland, CA 92257)

▪ Exhibit A, Attachment 2 (Finney/Ramer Unit (IWA-FU) Map - 5801 Kershaw Road, Calipatria, CA 92233)

▪ Exhibit A, Attachment 3 (Hazard Unit Map - 906 W. Sinclair Rd., Calipatria, CA 92233)

Installation o The Contractor will install all units securely to the ground with stakes, or as agreed upon by the CDFW Contract Manager and Contractor, to prevent tipping due to high winds or vandalism.

o Installation will include setup of any and all required items (e.g. toilet paper, hand sanitizer, etc.) in order to render the unit ready for immediate use.

o Related components will include, but are not limited to, the following:

▪ Labor

▪ Maintenance

▪ Transportation (i.e. Delivery, transfer, pick-up, etc.)

▪ Tools

▪ Materials/Supplies (i.e. toilet paper, seat covers, hand sanitizer, air freshener)

▪ Incidentals

▪ Insurance

▪ Licenses

▪ Taxes o Maps to be provided for placement of the following locations IWA - WU, HU, and FU: Campground Area, Honker Road, Ibis Road, Willet Road, Beach Road, Scaup Road, Teal Road, Ruddy Road, Spoony Road, and the check station.

o For specific location set up, the CDFW Contract Manager will provide a map to the Contractor upon arrival to the IWA-WU for delivery.

Request for Additional Units

CDFW reserves the right to increase or decrease the number of portable toilet units on an as-needed basis. Eight (8) standard portable toilet units and nine (9) ADA compliant portable toilet units will be needed for approximately five months per year. In rare instances, and for a time that will likely not exceed five (5) total months per year (during the Waterfowl season), the total number of units may be increased to a maximum of nine (9) standard portable toilet units and ten (10) ADA compliant portable toilet units.

The CDFW Contract Manager will contact the Contractor’s Project Director as necessary to schedule any changes.

Task 2: Portable Toilet Servicing

The Contractor will service all portable units on Thursdays only, between the hours of 8:00 a.m. and 4:00 pm, commencing with the first Thursday after initial delivery. The Contractor will be required to obtain agreement, in writing, from the CDFW Contract Manager for any changes to the service schedule.

a. For both standard and ADA compliant portable toilet units and CDFW owned vault toilets, the Contractor will perform, at minimum, the tasks listed below at each servicing per unit:

▪ Pump holding tank.

▪ Refresh odor-suppressing chemicals in the holding tank.

▪ Apply fragrance as needed.

▪ Sanitize unit interior in its entirety (including walls, floor, ceiling, seat, urinal, sink, etc.).

▪ Clean entry door and ensure good working condition.

▪ Remove all insects, webs, and debris; and

▪ Restock all paper supplies (seat covers, 1000 sheets per roll single ply tissue, paper towels, etc.).

b. Service Log

The Contractor will maintain a service log for each unit, and each log will be housed in the unit for which it is kept. The date and time of service, along with initials of the employee servicing the unit will be noted at each service.

c. Missed Servicing

The Contractor will notify CDFW within 24 hours, or as soon as possible, if there is to be a missed servicing for any reason. The Contractor will work with the CDFW Contract Manager to reschedule a follow-up servicing as soon as possible.

d. Unanticipated / Additional Servicing

The Contractor may be required to provide additional servicing and portable units as required by CDFW. Examples include, but are not limited to: emergency servicing requests, as well as additional servicing requests due to heavy public usage because of holidays or other events.

If there is an emergency portable toilet pumping service requested, the Contractor must complete the request within twenty-four (24) hours of request by the CDFW Contract Manager (Monday through Friday 7AM - 4PM).

Task 3: Septic Pumping Service

a. Quantity and Timeframes

The Contractor will pump each vault septic tank at least twice per calendar year of the agreement and the IWA-WU residential/facilities septic tank will be pumped annually.

The CDFW Contract Manager will contact the Contractor to arrange specific dates and timeframes for all septic tank pumping services.

Total Number of vault toilet septic tanks for service:

▪ Six (6) Vault Toilets (Bi-Annually)

▪ One (1) Residential/Facilities 3,000 gallon septic tank (Annually)

▪ One (1) Facilities 1,500 gallon septic tank (Annually)

The Contractor will furnish septic tank pumping services which includes all equipment, supervision, transportation, labor, operating supplies, and incidentals necessary to pump, recharge, cleanup, disinfect and dispose of all waste products removed from the toilets, in accordance with the following contract specifications and in accordance with State and Federal regulations.

b. Location and Frequency

Location: Four (4) vault toilet and two (2) septic tank units located at Imperial Wildlife Area, 8700 Davis Road, Niland, CA 92257 and two (2) vault toilet units located at Finney/Ramer Unit (IWA–FU), 5801 Kershaw Road, Calipatria, CA 92233.

Frequency: All six (6) vault toilet septic tanks will require pumping services as follows:

▪ Calendar year 2026 (once _Oct 2026),

▪ Calendar year 2027 (twice – Feb 2027 & Oct 2027),

▪ Calendar year 2028 (twice – Feb 2028 & Oct 2028)

▪ Calendar year 2029 (once – Feb 2029)

c. Scheduling Work

The CDFW Contract Manager will notify the Contractor of the required servicing. This initial notification may be by phone, FAX, or other means. The Contractor must complete the required servicing within one week after the initial notification. Servicing will be during daylight hours.

d. Definitions

▪ Sewage: liquid, semi-liquid, and solid waste matter

▪ Debris: all other refuse found in vault toilet, to include but not limited to items such as the following: Cans, bottles, plastic bags and containers, metal products, pinecones, waste food products, cardboard and paper products, whole rolls of toilet paper, diapers and sanitary napkins, etc.

e. Technical Specifications

i. Equipment

The Contractor will furnish all vault toilet septic tank pumping equipment, Tank Truck (a truck that can reverse the suction process and create a pressure force is preferred so that the inevitable clogged lines can be more easily cleaned), water truck, tools, approved disinfectant, and other equipment and supplies necessary to perform work in accordance with these specifications. A four-inch (minimum size) suction hose and attachment coupling will be utilized to accomplish all pumping requirements.

All equipment will be in full accordance with any local and State County Regulations.

ii. Pumping Procedures When Outside Access is Available

After gaining access to the vault, the Contractor will use the clam rakes or long-handled grabber to remove as much of the debris as possible before trying to pump out the waste. This procedure will help stir up the contents of the vault and break up the dense concentration of waste typically located just under the toilet riser (the impact zone). By removing most or all of the debris before pumping, the Contractor will find that the 4-inch hose will not clog so often and the liquid portion of the contents will not be removed before the thicker solids are removed.

ALL DEBRIS REMOVED FROM THE VAULT WILL BE PLACED INTO A LEAK

PROOF CONTAINER SO THAT NO CONTAMINATION TO THE

SURROUNDING GROUND WILL RESULT.

The Contractor will remove the waste down to within 4-5 inches of the bottom. At this point, the 4-inch hose will begin to suck air (vortexing). At this time, the Contractor will remove any further debris that was not removed during the initial raking and removal. Compacting the waste material in the bottom of the vault to obtain the proper depth will not be allowed.

The Contractor will then be responsible for recharging the vault with enough water and refresher solution to bring the depth of water up to 10 inches.

The Contractor will clean up and disinfect all contaminated areas resulting from the pumping process. The waste that runs off the edge of the concrete, onto the dirt or into the gravel edge will be an attractant for flies, a potential health risk, and an odor problem.

iii. Pumping Through the Toilet Riser When There Is No Outside Manhole

The Contractor will remove the debris and pump. Extra care will be taken to prevent waste spillage onto the interior floor and wall surface while removing debris and while pumping. The Contractor will protect the toilet paper dispenser and toilet riser from damage. During the final cleanup, the Contractor will disinfect any interior floor surface and any wall surface that was contaminated by waste. The Contractor will not allow the spilled waste to collect at the edge of the concrete and become an attractant for flies, a possible health risk for barefoot persons and an odor problem.

The Contractor will thoroughly wash and disinfect both the inside and outside of the toilet riser and the seat and cover. The toilet riser and seat will be dry before the contractor leaves the work site. Each unit will be available for immediate use after the pumping and final cleanup. The Contractor will not leave any toilet location until final cleanup is accomplished and confirmed by the CDFW Contract Manager or designee.

iv. Drafting of Water

The Contractor may draft fresh water (to be used for washing down the vault walls, emulsification of the waste and for final cleanup) from streams. No waste will be introduced into any body of water.

v. Offsite Disposal of Sewage and Debris

The Contractor will be responsible for making disposal arrangements, including disposal of all effluent, debris, and trash and payment of all fees. Disposal will conform to all Federal, State, and local laws and ordinances.

The Contractor will be responsible to prevent spillage and to haul all waste material (sewage and debris) in watertight containers. Handling of all waste material will be in accordance with all applicable health regulations.

vi. Resource Damage

Any damage or defacement that occurs to government property or land resources during the Contractor’s operation will be repaired at the Contractor’s expense to its original condition. An onsite inspection will be made by the CDFW Contract Manager prior to the acceptance of work.

Task 4: Removal of all portable toilet units

The Contractor will remove portable toilets from the IWA within five (5) working days of request for removal by the CDFW Contract Manager or CDFW designee with exception of emergency removal requests by the CDFW Contract Manager, or CDFW designee as outlined above in Task 2, “Portable Toilet Servicing.”

The Contractor will verbally notify the CDFW Contract Manager by telephone at least 24 hours prior to any Contractor-initiated removal, transfer, or new delivery of any units.

The Contractor will clean premises where the units were located.

Objectives and Deliverables:

▪ The Contractor to remove units as described in this dissection or as requested by the Contract Manager or their representative.

▪ The Contractor to clean premises where units were located.

6. Contractor Minimum Qualifications/Requirements

a) The Contractor will always observe and comply with all existing and future State and Federal laws and municipal ordinances and regulations governing the services of this Agreement.

b) The Contractor must obtain all permits, manifests, licenses, and any other forms of documentation required to comply with the above laws, ordinances, and regulations.

c) The Contractor must comply with and ensure that all employees, subcontractors, and agents comply with all requirements of the Department of Transportation (DOT) regulations regarding waste transportation under this contract. Information regarding complete compliance with these regulations must be carried on transport vehicles and maintained at facilities where waste is received, stored, or handled during transportation.

d) The Contractor and subcontractor must comply with the California Vehicle Code, California Highway Patrol (CHP), Title 13, California Code of Regulations; the California Fire Marshal regulations, Title 19, California Code of Regulations; and United States Department of Transportation regulations (49 CFR). The Contractor and subcontractor must comply with the California Health and Safety Code and Title 22, California Code of Regulations administered by the California Department of Toxic Substance Control and any other laws and regulations affecting the work under this contract.

7. Insurance Requirements

The Contractor will be required to maintain the following insurance coverage throughout the duration of this agreement and must supply proof of coverage upon request by CDFW.

Insurance must be in accordance with the Exhibit D CDFW Additional Provisions.

A. Commercial General Liability (limits not less than $1,000,000 per occurrence with a $2,000,000 annual policy aggregate)

B. Automobile Liability (limits not less than $1,000,000 combined single limit per accident)

C. Pollution Liability (limits not less than $1,000,000 each occurrence and $2,000,000 aggregate which may include Pesticide/Herbicide Applicator Coverage if applicable, or its equivalent)

D. Workers Compensation and Employers Liability (limits of $1,000,000 are required.

The waiver of subrogation endorsement must also be provided).

The above policies must each be endorsed to include “the State of California, its officers, agents and employees as additional insured but only with respect to work performed under the Contract”.

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ECantey Typewriter Exhibit A, Attachment I

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Exhibit A, Attachment II

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Exhibit A, Attachment III

U.S. FISH AND WILDLIFE SERVICE

SONNY BONO SALTON SEA NATIONAL WILDLIFE REFUGE

HUNTING - SPECIAL REGULATIONS

Hazard Tract - Hunters are permitted to actively hunt within 100 feet of their assigned blinds. Hunters must remain within 100 feet of their assigned blind at all times, except while placing decoys, retrieving a downed bird, or traveling to or from parking areas.

Firearms must remain unloaded in parking areas and while traveling to and from assigned hunting blinds. NOTE: this area provides · duck and goose hunting opportunities over flooded impoundments. Waders are advised. Hunt Blind 7B is an accessible blind where a dog or non-motorized water craft are mandatory to retrieve birds. Wading is hazardous due to the depth of the pond and underwater mud pots.

Hunting is not allowed from the water craft.

--Hazard Blinds 7A, 7B, and 2A are specifically constructed and available to accommodate hunters who require accessibility for persons with disabilities.

--Hazard Blind 7B requires a dog or small boat for duck retrieval.

Union Tract - Hunters are required to actively hunt from their assigned blind. Hunters must remain at their assigned blind-site at all times, except while placing decoys, retrieving downed birds� or traveling to or from the parking area. Firearms must remain unloaded in parking area and while traveling to and from assigned hunting blinds. The use of goose decoys is mandatory. NOTE: This area offers goose hunting from pit blinds in an open field.

HUNTING - GENERAL REGULATIONS

Species - Only ducks, geese, coots, and moorhens (gallinules) may be hunted.

Season - The refuge is only open to hunting during waterfowl season in accordance with State of California regulations.

Hunting Days - Hunting is permitted on Saturdays, Sundays, and Wednesdays only.

Reservations - The daily quota of hunters shall be filled by those holding advance reservations which are issued by the CA Department of Fish and Game. Hunters with reservations must present them at the Wister Check Station no later than one and one-half hours before shooting time.

Non-reservation Hunters - Vacancies occurring from no show reservation holders and from hunters leaving the area shall be filled according to the order established in the previous night's drawing at the Wister Check Station.

Permit Required - A permit must be obtained at the Wister Check Station and must be in the hunter's possession for hunting on the refuge. Hunters are permitted to enter only the assigned blind site for which the permit is issued. A fee is required for all persons 16 years and older.

Licenses - All hunters must possess a valid California State hunting license. All hunters 16 years and older must also possess a validated California State Duck Stamp and a signed Federal Duck Stamp

Check-out - All hunters are required to check out at the Wister Check Station, report hunting results, and return their permits before leaving the area.

Firearms & Ammunition - STEEL SHOT IS REQUIRED. Shotguns larger than 12 gauge, rifles, and hand guns are prohibited. No shot larger than size T may be used or possessed and buckshot is prohibited. Loaded firearms are prohibited in the parking lots. All shotguns must be unloaded while traveling to and from assigned blinds. SAFETY FIRST! Help us maintain a SAFE hunt.

Shell Limit - No more than 25 shells may be possessed while in the field outside of the assigned parking lot.

Dogs - The use of dogs is encouraged, but not required except for Blind 7B. All dogs must be under control at all times.

Parking - Vehicle parking is allowed only in designated parking areas, coinciding with assigned blinds. These will be assigned at the Wister Check Station. Please be aware and avoid flaring another hunter's birds while walking to and from the parking areas.

Littering - Littering is prohibited. Please carry out trash and spent cartridges. Trash cans are provided at the parking areas for your use.

Alcoholic Beverages - The possession or consumption of alcoholic beverages is prohibited while actively hunting, Injury & Accidents - Injuries and accidents occurring on the refuge must be reported immediately to the Wister Check Station and/ or to the refuge headquarters.

Telephone: (760) 359-0577 or 348-5278, For further information contact:

Refuge Manager Sonny Bono Salton Sea NWR 906 W. Sinclair Road Calipatria, CA 92233

(760) 348-5278

Manager Imperial Wildlife Area 8700 Davis Road

(760) 359-0577

Exhibit B – Budget Detail and Payment Provisions <Insert Contractor Name>. Contractor: TBD

(Version 01/2024)

1. INVOICING AND PAYMENT

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

B. The Contractor will be paid monthly in arrears, upon submission of an invoice, which properly details all charges, expenses, direct and indirect costs. Invoices must be submitted to:

Contract Manager: Cris Crecelius

CDFW Region / Division: Inland Empire Region 6

Email: cristopher.crecelius@wildlife.ca.gov

C. The invoice will be forwarded to the California Department of Fish and Wildlife

(CDFW) Accounting Claims Section by the CDFW Contract Manager. Payment of any invoice will be made only after receipt of a complete, supported, documented, and accurately addressed invoice. All invoices must be approved by the Contract Manager.

D. The invoice must contain the following information:

1. The word “Invoice” 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 CDFW Region/Division being billed (see section 1.B. above)

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

6. The agreement number upon which the claim is based

7. An itemized account of the services for which the CDFW 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

c. 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.

Exhibit B – Budget Detail and Payment Provisions <Insert Contractor Name>. Contractor: TBD

d. 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 must include all costs incurred by the Contractor under the terms of this agreement; and

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

8. The Contractor agrees to accept payment only in the form of a warrant issued by the California State Controller’s Office (SCO). No other payment method will be made in the payment of these 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 will be of no further force and effect. In this event, the State will have no liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under this Agreement and the Contractor will not be obligated to perform any additional provisions of this Agreement.

D. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State will 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.

3. ADVANCE PAYMENTS, ASSEMBLY BILL 590

A. Advanced payments (not exceeding 25% of contract amount) may be authorized by the State to community based private nonprofit agencies that satisfy the minimum requirements outlined in Government Code 11019.3 (c)(2)(A)(i-viii).

https://casetext.com/statute/california-codes/california-government-code/title-2-government-of-the-state-of-california/division-3-executive-department/part-1-state-departments-and-agencies/chapter-1-state-agencies/article-1-general/section-110193-effective-112024-expansion-of-existing-advance-payment-practices-for-state-grants-and-contracts-with-nonprofits

Exhibit B – Budget Detail and Payment Provisions <Insert Contractor Name>. Contractor: TBD

B. The private nonprofit agency must demonstrate status in good standing under Section 501(c)(3) of the Internal Revenue Code, provide supporting documentation, and receive approval from the CDFW Contract Manager.

C. Advanced payment funds must be deposited into a federally insured account in the Contractor’s name that provides the ability to track interest earned and withdrawals.

Any accumulated interest will be deemed to be contract money and subject to federal and state laws and regulations.

D. The Contractor must provide progress reports on the expenditure of advanced funds (no less than quarterly) that include a summary of the work to be completed, proof of expenditure, and other associated information determined by the CDFW Contract Manager.

E. Funding provided as advance payment but not expended within the contract period must be returned to CDFW.

4. 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.

5. TIMELY SUBMISSION OF FINAL INVOICE

A final undisputed invoice must be submitted for payment no more than thirty (30) calendar days following the expiration or termination date of this Agreement, unless a later or alternate deadline is agreed to in writing by the Contract Manager. Said invoice should be clearly marked “Final Invoice,” thus indicating that all payment obligations of CDFW under this Agreement have ceased and that no further payments are due or outstanding.

6. LINE-ITEM BUDGET

The Contractor will provide to CDFW portable toilet unit rentals and servicing and septic tank pumping in accordance with the specifications, terms, and conditions contained herein, at the unit rates noted below. Rates include all Contractor costs including but not limited to labor, shipping, transportation, taxes, travel, parking and all other expenses necessary under the performance of this contract.

The Contractor will be reimbursed for actual services rendered as requested and approved by the CDFW Contract Manager. The Contractor will be reimbursed at the unit rates identified below to a total cost that must not exceed To Be Determined (TBD).

Exhibit B – Budget Detail and Payment Provisions <Insert Contractor Name>. Contractor: TBD

Portable Toilet Rental and Servicing: October 1, 2026 – February 15, 2027

Item # of

Units Weekly Cost per

Unit

Weeks

Total

Standard Portable Toilet Rental and Weekly Service

9* x $ x 21 = $

ADA Portable Toilet

10*

Total Amount for FY 26/27 (A) = $

Septic Pumping Services: July 1, 2026 - June 30, 2027

Item # of

Tank Units

Cost Per Tank Pumps per Year

Septic Tank per Vault Toilet (per 750 Gallon tank)

6 x $ x 2 = $

Residential Septic Tanks (1- 3,000 Gallon + 1- 1,500 Gallon)

2 x $ x 1 = $

Total Amount for FY26/27 (B) = $

Additional Servicing for Vault Toilet(s) and Septic Tank(s) **

Item Cost Per Service # of s

Additional Servicing for ADA or Standard Portable Toilet(s) **

$ x 1 = $

Total Amount for FY26/27 (C) = $

Total Amount for Fiscal Year 26/27, A + B + C, must not exceed

Exhibit B – Budget Detail and Payment Provisions <Insert Contractor Name>. Contractor: TBD

2027 – February 15, 2028

Units

Total Amount for FY 27/28 (A) = $

Septic Pumping Services: July 1, 2027 - June 30, 2028

Item # of

Tank Units

Cost Per Tank Pumps

Toilet (per 750 Gallon tank)

6 x $ x 2 = $

Residential Septic Tanks (1- 3,000 Gallon + 1- 1,500 Gallon)

Total Amount for FY27/28 (B) = $

# of

Standard Portable Toilet(s) **

Total Amount for FY27/28(C) = $

Total Amount for Fiscal Year 27/28, A + B + C, must not exceed

Exhibit B – Budget Detail and Payment Provisions <Insert Contractor Name>. Contractor: TBD

2028 – February 15, 2029

Units

Total Amount for FY 28/29 (A) = $

Septic Pumping Services: July 1, 2028 - June 30, 2029

Item # of

Tank Units

Cost Per Tank Pumps

Toilet (per 750 Gallon tank)

6 x $ x 2 = $

Residential Septic Tanks (1- 3,000 Gallon + 1- 1,500 Gallon)

Total Amount for FY28/29 (B) = $

# of

Standard Portable Toilet(s) **

Total Amount for FY28/29 (C) = $

Total Amount for Fiscal Year 28/29, A + B + C, must not exceed

Exhibit B – Budget Detail and Payment Provisions <Insert Contractor Name>. Contractor: TBD

Total Amount for Fiscal Year 26/27 = $

Total Amount for Fiscal Year 27/28 = $

Total Amount for Fiscal Year 28/29 = $

Total Agreement Amount Not to Exceed for Fiscal Years 26/27 + 27/28 + 28/29

*- Represents the maximum number of units and weeks to be reimbursed for under this contract. Actual number of units and weeks requested may be increased or decreased due to seasonal fluctuation, but eight (8) standard portable toilet units and nine (9) ADA compliant portable toilet units will be most consistently needed.

**- Requests for additional servicing will be made in accordance with specifications in Exhibit A. 5. B. Task 2. D. Eight (8) additional services per fiscal year represents the maximum number of additional services to be reimbursed for under this contract.

California Department of Fish and Wildlife Page 1 of 10 Exhibit D – Additional Provisions (Rev 02/2025)

1. LICENSES AND PERMITS (If Applicable) ~ The Contractor must be an individual or firm licensed to do business in California and must obtain, at his/her expense, all licenses and permits required by law for accomplishing any work required in connection with this Agreement.

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/letters 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 CDFW, a copy of your business license or incorporation papers for your respective State showing that your company is in good standing in that State.

In the event any licenses and/or permits expire at any time during the term of this Agreement, Contractor agrees to provide the California Department of Fish and Wildlife (CDFW) a copy of the renewed licenses and/or permits within thirty (30) days following the expiration date. In the event the Contractor fails to keep all required licenses and permits current, the State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event.

2. RIGHTS IN DATA ~ The Contractor agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this Agreement, are subject to the rights of the State as set forth in this section.

The State will have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the State reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so.

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

However, the agreement can be immediately terminated for cause. The term “for cause” will mean that the Contractor fails to meet the terms, conditions, and/or responsibilities of the contract. In this instance, the contract termination will be effective as of the date indicated on the State’s notification to the Contractor.

This agreement may be suspended or cancelled without notice, at the option of the Contractor, if the Contractor or State’s premises or equipment are destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue service.

4. SETTLEMENT OF DISPUTES ~ Unless otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement which cannot be resolved informally, will be decided by the following two (2) step procedure:

a. The Contractor must provide written notice of the particulars of such disputes to the CDFW Contract Manager or appointed representative. The CDFW Contract Manager must respond, in writing, within ten (10) working days of receipt of the written notice of dispute.

California Department of Fish and Wildlife Page 2 of 10

(Rev 02/2025)

Should the Contractor disagree with the CDFW Contract Manager’s decision, the Contractor may appeal to the second level. Pending the decision on appeal, the Contractor must proceed diligently with the performance of this Agreement in accordance with the CDFW Contract Manager’s decision.

b. The second level appeal must indicate why the CDFW Contract Manager’s decision is unacceptable, attaching it to the Contractor’s original statement of the dispute with supporting documents, and a copy of the CDFW Contract Manager’s response. This letter of appeal must be sent to the California Department of Fish and Wildlife, Deputy Director, or duly appointed representative. The second level appeal must be filed within fifteen (15) working days upon receipt of the CDFW Contract Manager’s decision. Failure to submit an appeal within the period specified will constitute a waiver of all such rights to an adjustment of this Agreement. The Deputy Director, or designee, will meet with the Contractor to review the issues raised. A written decision signed by the Deputy Director or designee, will be returned to the Contractor within fifteen (15) working days of the receipt of the appeal. The decision of the Deputy Director, or designee, will be final.

5. PROPERTY ACQUISITIONS ~ Property, as used in this section must include:

a. Equipment – Tangible property (including furniture) with a unit cost of $5,000.00 or more, and a useful life of four (4) years or more. Actual costs include the purchase price plus all costs to acquire, install and prepare the equipment for its intended use.

b. Furniture – Standard office furnishings including desks, chairs, bookcases, credenzas, tables, etc., with a unit cost of less than $5,000.00.

c. Portable Assets – Items considered ‘highly desirable’ because of their portability and value, e.g., calculators, laptops, tablets, mobile phones, flash drives, cameras, and microscopes, etc. (excludes all hardware, software, data processing systems).

d. Electronic Data Processing (EDP) Equipment – All computerized and auxiliary automated information handling including system design and analysis, conversion of data, computer programming, information storage and retrieval, voice, video, and data communications, requisite system controls, simulation and all related interactions between people and machines.

The Contractor may purchase property under this Agreement only if specified in Exhibit B titled ‘Budget Detail and Payment Provisions’. Any property purchased by the Contractor, with funds provided under this Agreement, will be the property of the State during the customary depreciable life thereof. The Contractor must promptly report any such purchase to the CDFW Contract Manager. Should this Agreement be terminated for any reason, or upon expiration and failure to negotiate hereof, all such property will be returned to the State within the timeframe negotiated between the Contractor and the State. Prior written authorization by the CDFW Contract Manager will be required before the Contractor will be reimbursed for any property purchases not specified in the Line-Item Budget. The Contractor will provide to the CDFW Contract Manager, all particulars regarding the necessity for such property and the reasonableness of the cost.

California Department of Fish and Wildlife Page 3 of 10

(Rev 02/2025)

Before property purchases made by the Contractor are reimbursed by CDFW, the Contractor must provide the following:

1. paid vendor receipts identifying the Agreement number,

2. purchase date,

3. purchase price,

4. description of the item,

5. serial number,

6. model number, and

7. location, including street address where property will be used during the term of this

Agreement.

Paid receipts must be attached to Contractors’ invoices. The Contractor must keep adequate and appropriate records of all property purchased with Agreement funds and at the time of purchase, prepare a Property Purchased with State Funds report and submit one (1) copy to the CDFW Contract Manager and one (1) copy must be retained by the Contractor.

CDFW reserves the right, at any time, to evaluate the cost of property and reimburse at an amount equal to costs reflected in but not limited to Agreements the State Department of General Services, Procurement Division has negotiated with vendors who supply the same type of property. The Contractor must tag all acquired assets. The purpose of tagging assets is to designate the assets as belonging to the State.

Upon termination, expiration or failure to negotiate renewal of this Agreement, all property purchased with Agreement funds must promptly be returned to the State. The Contractor will prepare an inventory of State Furnished Property report and submit to the State and will at that time query the CDFW Contract Manager as to the State’s requirements, including the manner and method, in returning said property to the State. Final disposition of such property will be at State expense in accordance with instructions from the CDFW Contract Manager to be issued immediately after receipt of the final inventory.

6. LOST, STOLEN or DESTROYED PROPERTY ~ The Contractor must immediately report the loss, theft, or destruction to the local law enforcement agency (or the California Highway Patrol {CHP} if the crime occurs on either state-owned or state leased property) and to the CDFW Contract Manager and prepare a Property Survey Report.

In the case of stolen property, the Contractor must also complete a CHP Report of Crime on State Property (STD 99) form and obtain a copy of the law enforcement agency’s report to submit to the CDFW Contract Manager. The Contractor will adjust their property records and retain a copy of the Property Survey Report as documentation.

Losses of State property due to fraud or embezzlement must be reported in the same manner as described above. The Contractor will be charged with any loss and damages to State property due to the Contractor’s negligence. The Contractor will, at the request of the State, submit an inventory of property furnished or purchased under the terms of this Agreement. Such inventory will be required not more frequently than annually.

7. INCOME RESTRICTIONS ~ The Contractor agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Contractor under this

California Department of Fish and Wildlife Page 4 of 10

(Rev 02/2025)

Agreement will be paid by the Contractor to CDFW, to the extent that they are properly allocable to costs for which the Contractor has been reimbursed by CDFW under this Agreement.

8. CONFIDENTIALITY OF DATA ~ The Contractor must protect from disclosure all information made available by CDFW. The Contractor will not be required to keep confidential any data or information which is publicly available, independently developed by the Contractor, or lawfully obtained from third parties. Written consent of CDFW must be obtained prior to disclosing information under this Agreement.

9. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION REQUIREMENTS

~ The Contractor agrees to use DVBE subcontractors or suppliers originally identified by the Contractor, unless the Contractor requests substitution, in writing beforehand to the CDFW Contract Manager and the CDFW Contract Manager has approved such substitution. At a minimum, the request must include:

a. A written explanation of the reason for the substitution; and

b. The identity of the person or firm substituted.

The request and the CDFW Contract Manager’s approval is not to be construed as an excuse for noncompliance with any other provision of law, including but not limited to the subletting and subcontracting Fair Practices Act or any other Agreement requirements relating to the substitution of subcontractors. Failure to adhere to at least the level of participation for DVBE proposed by the Contractor may be cause for Agreement termination and recovery of damages under the rights and remedies due the State.

If the Contractor enters into a subcontract with a DVBE, CDFW and the Contractor are required to follow Military and Veterans Code Sections 999.5, 999.55 and 999.7.

Pursuant to the Military and Veterans Code (M&VC) Section 999.5, when a Contractor has entered into a subcontract with a DVBE, the Contractor must complete a Prime Contractor’s DVBE Subcontracting Report (STD 817), within 60 days after receiving final payment. Upon request by CDFW, the Contractor must provide proof of total payment amount to the DVBE subcontractor.

A person or entity that knowingly provides false information will be subject to a civil penalty for each violation in the minimum amount of two thousand five hundred dollars ($2,500) and the maximum amount of twenty-five thousand dollars ($25,000).