IFB_Packet_C4436-105892.pdf

INVITATION FOR BID

Notice To Prospective Bidders California Conservation Corps

CCC Los Pinos Center 39251 Ortega Highway Lake Elsinore, CA 92530

Pre-Enrollment Physicals Contract # C4436-105892

Bid Opening Date: 07/15/2024 @ 2:00PM

You are invited to review and respond to this Invitation for Bid (IFB) C4436-105892 for California Conservation Corps, Pre-Enrollment Physicals.

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

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

No questions will be addressed via phone calls or in person on or before the bid. All questions and answers must come through the above-mentioned email only.

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

Please be advised of Executive Order N-6-22 Russia Sanctions. On March 4, 2022, Governor Gavin Newsom issued Executive Order (EO) N-6-22 regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S.

government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid, Bidder represents that it is not a target of Economic Sanctions.

Should the State determine Bidder is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Bidder’s bid any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

mailto:bidquestions@ccc.ca.gov

GenAI Disclosure

The State of California seeks to realize the potential benefits of Generative Artificial Intelligence (GenAI), through the development and deployment of GenAI tools, while balancing the risks of these new technologies. Bidders/Offerors must notify the State in writing if their solution or service include, or makes available, any GenAI technology, including GenAI from third parties or subcontractors.

The State has developed a GenAI Disclosure and Factsheet (STD1000) to be completed by the Bidder/Offeror. Failure to disclose GenAI to the State and submit the GenAI Disclosure and Factsheet will result in disqualification of the Bidder/Offeror and may void any resulting contract.

The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure. Upon receipt of a Bidder/Offeror GenAI Disclosure and Factsheet, the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the state.

Kiran Varghese Contracts Unit Business Services and Contracts Unit

(916) 341-3210 Kiran.Varghese@ccc.ca.gov mailto:Kiran.Varghese@ccc.ca.gov

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

• Description and Location of Work

• Where to obtain bid package

• Estimated Cost

• Term of Agreement

• Bid Submission

• License Required

• Key Action Dates

• Payment Provisions

• Damage to State Property

Model Contract ............................................................................................................... 6-27

Instructions to Bidders .................................................................................................. 28-40

• Submission of Bid

• Evaluation and Selection

• Award and Protest

• Disposition of Bids

• Agreement Execution and Performance

• Loss Leader

• Small Business

• Disabled Veterans Program

• Prompt Payment Frequently Answered Questions

NOTICE TO CONTRACTORS

A. Description and Location of Work

Contractor to provide all labor, materials, tools and incidentals necessary to provide physical examinations for Corpsmember Candidates of the California Conservation Corps in accordance with the attached Scope of Work and specifications at:

CCC Los Pinos Center 39251 Ortega Highway Lake Elsinore, CA 92530

B. Where to obtain bid package

Bid packages may be obtained electronically or by request in writing to California Conservation Corps (CCC), 1719 24th Street, Sacramento, Attn: Business Services and Contracts Branch.

C. Estimated Cost

The estimated cost of this Agreement is $30,000.00

D. Term of Agreement

The term of this Agreement is upon approval through 6/30/2025

E. License Required:

All services must be performed by a physician who shall be properly licensed by the Medical Board of California or the Osteopathic Medical Board of California as a Medical Doctor; or by a contract nurse practitioner, who shall be properly licensed by the California Board of Registered Nurses as a nurse practitioner; or a Physician’s Assistant currently licensed by the California Physician’s Assistant Committee

F. Bid Submission

All bids must be submitted via email to Kiran.Varghese@ccc.ca.gov

Email must read as follows:

Bid C4436-105892 DO NOT OPEN UNTIL 07/15/2024 @2:00PM

Email must also include the required attachment list mailto:Kiran.Varghese@ccc.ca.gov

G. Key Action Dates:

Event Date IFB available to prospective Bidders 06/27/2024 Deadline to ask Questions 07/03/2024 at 4:00PM Deadline to post Q&A to CaleProcure 07/09/2024 Final Date for Bid Submission 07/15/2024 at 2:00PM Bid Opening 07/15/2024 at 2:00PM Anticipated Intent to Award 07/16/2024 Last (5) day protest period 07/23/2024 Anticipated Award Date 07/23/2024

H. Payment Provisions The contractor may invoice the center NO MORE frequently than monthly in arrears for services performed. Payments will be made in arrears on a monthly basis upon receipt of an itemized invoice. The contractor shall maintain accounting records and other evidence pertaining to costs incurred, with the provision that they shall be kept available by the contractor during the contract period and thereafter for three full years from the date of the final payment. The CCC or its designee must be permitted to audit, review, and inspect the contractor’s activities, books, documents, papers and records during progress of the work and for three years following final payment.

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

Model Contract

Exhibit A Scope of Work

Project Type: Pre-Enrollment Physicals

Project Location: CCC Los Pinos Center - 39251 Ortega Hwy, Lake Elsinore, CA 92530

Project Manager: Christine Iniguez (951) 609-0302 christine.iniguez@ccc.ca.gov

Contractor agrees to provide all labor, materials, tools and incidentals necessary to provide physical examinations for Corpsmember Trainees of the California Conservation Corps, in accordance with the attached Participant Position Analysis and the Health Questionnaire completed by the Trainee.

Contractor is to evaluate all Corpsmembers on-site for both, CCC Fire Crew Corpsmember and CCC Standard Corpsmember positions, regardless of the Corpsmembers program interest within CCC. Firefighter physical examinations may differ in cost compared to standard physical examinations.

Guidelines to the Examining Physician/Physician’s Assistant/Nurse Practitioner All services must be performed by a physician who shall be properly licensed by the Medical Board of California or the Osteopathic Medical Board of California as a Medical Doctor or by a Physician’s Assistant, currently licensed by the California Physician’s Assistant Committee, or by a contract nurse practitioner, who shall be properly licensed by the California Board of Registered Nurses as a nurse practitioner.

In the case of a firm/medical group, services must be performed by a physician who is properly licensed by the Medical Board of California or the Osteopathic Medical Board of California as a Medical Doctor or by a nurse practitioner who is properly licensed by the California Board of Registered Nurses as a Nurse Practitioner or a Physician’s Assistant, currently licensed by the California Physician’s Assistant Committee. The contracted firm/group shall submit a list of physicians or nurse practitioners and their license numbers to the CCC prior to commencing services under any resulting contract from the bid process. Names of new physicians, nurse practitioners or physician’s assistants and license numbers must be submitted to CCC for verification and approval prior to physicians, nurse practitioners or physician’s assistants commencing services under a contract.

PHYSICAL EXAMINATION SPECIFICATIONS

The Physician, Physician’s Assistant, or Nurse Practitioner will be expected to:

1. Conduct a physical exam using the essential job functions detailed in the Corpsmember Position Analysis (CCC248) located Page 1-4 of Exhibit E, and the information provided by the Trainee in the Health Questionnaire (CCC126), Located Page 5-6 of Exhibit E, completing all sections of the Medical Examination Report (CCC126-A) Page 7. The exam should include a verification of the accuracy of the information provided in the Health Questionnaire (CCC126).

mailto:christine.iniguez@ccc.ca.gov

2. Complete the Pre-Enrollment Exam Summary (CCC126-B) Page 12-13 Exhibit E, providing an overall determination of the applicant’s ability to perform the essential functions of the Corpsmember position. Clarify the nature of any disability (temporary or permanent) the long-term impact and limitations.

3. Return a copy of the completed Pre-Enrollment Exam Summary (CCC126-B) to the individual Trainee sealed in the attached envelope or return all copies of all Pre- Enrollment Exam Summary forms (CCC 126-B) in a single sealed confidential envelope addressed to the Center Director.

4. Submit the completed Health Questionnaire (CCC126), CCC Medical Report (CCC126-A), and the Pre-Enrollment Exam Summary (CCC126-B) to the CCC’s Health & Safety Unit using one of following systems:

By fax at the number 877-269-1532 or by certified mail

If certified mail is used, the address is:

California Conservation Corps Health and Safety Unit

1719 24th Street Sacramento, CA 95816

Ensure to mark the envelope “Confidential.”

5. Understand that an applicant can only be screened out when the essential functions of the Corpsmember position are not met. The California Conservation Corps may be able to accommodate an applicant based on the individual’s disability and restrictions or limitations.

6. Maintain all of the original completed examination forms for a period of seven (7) years from the date of examination.

Confidentiality of Data

Records and case notes are recognized as confidential. The Contractor, its employees, agents or subcontractors:

1. Shall protect from unauthorized disclosure the names and other identifying information concerning persons either receiving services pursuant to this contract or persons whose names or identifying information become available or are disclosed to the Contractor, his/her employees, agents or subcontractors as a result of services performed under this agreement, except for statistical information not identifying any such person.

2. Shall not use such identifying information for any purpose other than carrying out the Contractor’s obligations.

3. Shall promptly transmit to the CCC all requests for disclosure of such identifying information not emanating from the client or person, shall not disclose, except as otherwise specifically permitted by this agreement or authorized by the client, any such identifying information to anyone other than the CCC without prior written authorization from the CCC.

4. For the purposes of this article, identity shall include, but not be limited to, name, identifying number, symbol, or other identifying particular assigned to the individual, such as finger or voice print, or a photograph.

5. Update: Secure file transfer service is no longer being utilized. All physicals must be sent to the secure health & Safety Fax line at: 877-869-1532 or by mail to 1719 24th street. Sacramento, CA 95816: Attention Health & Safety Unit.

Exhibit B

BUDGET DETAILS AND PAYMENT PROVISIONS

1. INVOICING AND PAYMENT

A. The maximum amount payable for this Agreement shall not exceed $30,000.00.

Cost per Physical:

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

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

Contract Manager

Christine Iniguez christine.iniguez@ccc.ca.gov (951) 609-0302

Region / Division

Address:

39251 Ortega Hwy, Lake Elsinore, CA 92530

D. The original and one (1) approved copy of the invoice will be forwarded to the CCC’s

Accounting Claims Section by the Contract Manager. Payment of any invoice will be made only after receipt of a complete, supported, documented, and accurately addressed invoice. Failure to use the address exactly as provided above may result in the return of the invoice to the Contractor. All invoices must be approved by the Contract Manager.

E. The invoice shall contain the following information:

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

2. Printed name of the Contractor.

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

Code;

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

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

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

7. An itemized account of the services for which the CCC is being billed.

Include all of the following:

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

b. A description of the services performed.

mailto:christine.iniguez@ccc.ca.gov

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

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

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

2. CONTRACT WRITTEN PRIOR TO APPROVAL OF THE BUDGET ACT

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

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

C. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under this Agreement and the Contractor shall not be obligated to perform any additional provisions of this Agreement.

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

3. PROMPT PAYMENT CLAUSE

Payment will be made in accordance with, and within the time specified in Government Code Chapter 4.5, commencing with Section 927.

EXHIBIT C

GENERAL TERMS AND CONDITIONS (GTC 04/2017)

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

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

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

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. The contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

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

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

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

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

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

(See Cal. Code Regs., tit. 2, §11105.)

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

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

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

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

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

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

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

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

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

b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.

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

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

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

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

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION

REPORTING REQUIREMENTS:

a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)

b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; 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. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: 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 Section 17030 of the Business and Professions Code. (PCC 10344(e).)

EXHIBIT D

Special Terms and Conditions

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, shall be decided by the following two (2) step procedure:

a) The Contractor must provide written notice of the particulars of such disputes to the CCC Contract Manager, who will assign a CCC representative to review and assess the merits of the noticed dispute. The assigned CCC representative shall respond, in writing, within ten (10) working days of receipt of the written notice of dispute. Should the Contractor disagree with the CCC Representative’s decision, the Contractor may appeal to the second level. Pending the decision on appeal the Contractor shall proceed diligently with the performance of this Agreement in accordance with the CCC Representative’s decision.

b) The second level appeal shall indicate why the CCC Representative’s decision is unacceptable, attaching it to the Contractor’s original statement of the dispute with supporting documents, and a copy of the CCC Representative’s response. This letter of appeal shall be sent to the CCC, Chief of Administrative Services Division. The second level appeal must be filed within fifteen (15) working days upon receipt of the CCC Representative’s decision. Failure to submit an appeal within the period specified shall constitute a waiver of all such rights to a modification of this Agreement. The Chief shall meet with the Contractor to review the issues raised. A written decision signed by the Chief shall be returned to the Contractor within fifteen (15) working days of the receipt of the second level appeal. The decision of the Chief shall be the final administrative decision.

TRAVEL AND PER DIEM

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

INSURANCE REQUIREMENTS

Contractor shall comply with all requirements outlined in the (1) General Provisions section and

(2) Contract Insurance Requirements outlined in this section. No payments will be made under this contract until contractor fully complies with all requirements.

1. General Provisions Applying to All Policies

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

b) Policy Cancellation or Termination & Notice of Non-Renewal—Contractor is responsible to notify the State within five (5) business days of any cancellation, non- renewal or material change that affects required insurance coverage. New certificates of insurance are subject to the approval of the Department of General Services and the Contractor agrees no work or services will be performed prior to obtaining such approval. In the event Contractor fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this Contract upon the occurrence of such event, subject to the provisions of this Contract.

c) Premiums, Assessments, and Deductibles—Contractor is responsible for any premiums, policy assessments, deductibles or self-insured retentions contained within their insurance program.

d) Primary Clause—Any required insurance contained in this contract shall be primary, and not excess or contributory, to any other insurance carried by the State.

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

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

g) Inadequate Insurance—Inadequate or lack of insurance does not negate the contractor’s obligations under the contract.

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

2. Contract Insurance Requirements Contractor shall display on an Acord certificate of insurance evidence of the following coverages:

a) Commercial General Liability—Contractor shall maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, complete operations, personal & advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor’s limit of liability. The policy must name The State of California, its officers, agents, and employees as additional insured, but only with respect to work performed under the contract.

b) Automobile Liability—Contractor shall maintain business automobile liability insurance for limits not less than $1,000,000 combined single limit. Such insurance shall cover liability arising out of a motor vehicle including scheduled autos, hired and non-owned motor vehicles. The policy must name The State of California, its officers, agents, and employees as additional insured, but only with respect to work performed under the contract.

c) Workers’ Compensations and Employer’s Liability—Contractor shall maintain statutory workers’ compensation and employer’s liability coverage for all its employees who will be engaged in the performance of the Contract. In addition, employer’s liability limits of $1,000,000 are required. A Waiver of Subrogation or Right to Recover endorsement in favor of the State of California must be attached to certificate.

d) Professional Liability—Contractor shall maintain Professional Liability covering any damages caused by a negligent error, act, or omission with limits not less than $1,000,000 per occurrence and $2,000,000 policy aggregate. The policy’s retroactive date must be displayed on the certificate of insurance and must be before the date this contract was executed or before the beginning of contract work.

CONFIDENTIALITY OF DATA

Records and case notes are recognized as confidential. The Medical Provider, its employees, agents, or subcontractors:

A. Shall protect from unauthorized disclosure of names and other identifying information concerning persons either receiving services pursuant to this contract or persons whose names or identifying information become available or are disclosed to the Contractor, his/her employees, agents or subcontractors as a result of services performed under this Agreement, except for statistical information not identifying any such person

B. Shall not use such identifying information for any purpose other than carrying out the Contractor's obligations.

C. Shall promptly transmit to the CCC all requests for disclosure of such identifying information not emanating from the client or person, shall not disclose, except as otherwise specifically permitted by this Agreement or authorized by the client, any such identifying information to anyone other than the CCC without prior written authorization from the CCC

D. For the purposes of this Agreement, identity shall include, but not be limited to name, identifying number, symbol, or other identifying particular assigned to the individual, such as finger or voice print or a photograph.

CANCELLATION/TERMINATION

This Agreement may be cancelled or terminated without cause by either party by giving thirty

(30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements.

RIGHT TO MONITOR AUDIT AND INVESTIGATE

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

B. The Federal, State, or duly authorized representative of the State government shall have the right to undertake investigations in accordance with Title 42 U.S.C. Section 9908 et seq., as amended.

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

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

AMENDMENT PROVISIONS AND AGREEMENT TERMINATION

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

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

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

RIGHTS IN DATA

The CCC reserves the right to use and reproduce all reports, data produced and delivered and any other copyrightable material produced pursuant to this Agreement and reserves the right to authorize others to use or reproduce such materials.

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

B. The Federal, State, or duly authorized representative of the State government shall have the right to undertake investigations in accordance with Title 42 U.S.C. Section 9908 et seq., as amended.

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

C. CONTRACTOR shall ensure that subcontractors falling within the scope of this provision shall comply in full of the requirements thereof.

STATE OF CALIFORNIA

CALIFORNIA CONSERVATION CORPS

POSITION ANALYSIS

CCC 248 COMBO STANDARD CORPSMEMBER AND FIRE CREW CORPSMSMBER (Revised 12/20)

POSITION ANALYSIS

Standard Corpsmember and Fire Crew Corpsmember

Program Name: Position Title:

California Conservation Corps Corpsmember (Standard) or Corpsmember (Fire Crew) Normal Hours Worked Per Day 8 Normal Hours Worked Per Week 40

DESCRIPTION OF THE CALIFORNIA CONSERVATION CORPS PROGRAM

The California Conservation Corps (CCC) is a department within the California Natural Resources Agency. The CCC offers young adults (Corpsmembers) a paid opportunity to advance their career and educational horizons while engaging in and providing important environmental and community services to state and local communities.

Corpsmembers work on environmental projects and respond to natural and man-made disasters. Through this

Hard work, low pay, miserable conditions and more! The CCC is dedicated to developing Corpsmembers into citizens with character, credentials, and commitment.

DESCRIPTION OF POSITION RESPONSIBILITIES

Some Corpsmembers (CMs) will be required to live in residential environments with large groups of people (50 to 200 and sometimes more). The CCC residential program is not a care facility and is not staffed to provide assistance (i.e., psychiatric care or medications) to individuals with physical or mental disabilities. CMs may also be assigned to work in remote locations which can require living in tent camps (remote and temporary facilities) for up to 21 days at a time.

ESSENTIAL FUNCTIONS OF ALL CCC CORPSMEMBER POSITIONS

All Corpsmembers must be physically and mentally capable of working outdoors under extreme weather conditions for extended periods of time (multiple days). Corpsmembers must have the ability to work cooperatively as a team member to perform program activities safely and effectively without causing harm to themselves and others. They must have the ability to work well and live in close quarters with persons of different genders, sexual orientations, ethnicities, and/or backgrounds. They must be able to participate in high school level educational classes or continuing education classes for up to 10 hours a week.

Corpsmembers are normally required to be on their feet continuously during vocational work hours. Extensive walking and/or hiking may be required. Corpsmembers are required to perform physically demanding vocational work that uses both their lower and upper extremities. Corpsmembers are typically assigned to outdoor work projects under adverse environmental conditions. Corpsmembers plant trees, clear streams, construct and maintain trails, perform construction and landscaping activities, prepare and serve food in quantity and many other types of vocational work projects. They may also be required to respond to state or federal declared emergencies such as floods, wildland fires, earthquakes and oil spills, which can extend their active work shift to up to 16 hours for multiple days in a row.

ESSENTIAL FUNCTIONS OF THE CCC FIRE CREW CORPSMEMBER

Fire Crew CMs may be required to continuously be on their feet during firefighting assignments. When working on a fire assignment, extensive walking and hiking is required. Fire Crew CMs are required to perform extremely physically demanding work that uses both their lower and upper extremities.

During fire assignments, Fire Crew CMs will work outdoors under adverse environmental conditions for extended periods of time. Fire Crew CMs can be assigned to initial attack or mop-up assignments, which can expose them to extreme temperatures (over 100ºF), excessive amounts of dust and smoke, and very steep terrain with loose soil. They may be required to drag or carry hoses and/or packs weighing up to 50 lbs. for extended distances while carrying firefighting tools. Fire Crew CMs may be required to work over 24-hour work shifts. During floods, the Fire Crew CM may be exposed to extreme cold, snow, rain and high winds for extended periods under the same work shift conditions identified above. Other disaster or rescue response calls can require that the Fire Crew CM work under unusually adverse conditions for extended periods of time.

When assigned to an emergency incident, the Fire Crew CM is expected to have the endurance to perform arduous physical tasks in emergency situations throughout the state. The Fire Crew CM may be assigned to the night shift and required to sleep during the day to be ready for the following night shift. Day sleeping due to the times of shift change, combined with high temperature (over 100ºF), smoke, dust, and noise, can make it difficult to get rest. Normal regularity of meals is generally impossible in these situations. The Fire Crew CM must always be capable of completing their duties in the above demanding stressful situations.

A Fire Crew CM must have visual acuity (Snellen) of not less than 20/100 without correction in each eye, corrected to not less than 20/30 in one eye. The individual must have color vision adequate to successfully perform the essential

Exhibit E

POSITION ANALYSIS

CCC 248 COMBO STANDARD CORPSMEMBER AND FIRE CREW CORPSMSMBER (Revised 12/20) functions of the position, including the ability to correctly identify different colored vehicles, as measured by the Ishihara Pseudo-Chromatic Plate Test. A Fire Crew CM requires uncorrected hearing adequacy within speech frequencies. A Fire Crew CM must have full use of both hands and feet. The individual must have the necessary strength and agility required for extensive bending, stooping, and squatting, and must have no more than a mild susceptibility to poison oak. The Fire Crew CM must be able to work in situations with intense heat in addition to being able to tolerate exposure to heavy smoke and dust.

The Fire Crew CM is typically required to engage in psychologically stressful and/or physically demanding activities consistent with firefighting, disaster response, and emergency medical response, including working in isolated areas, walking or running on uneven rough terrain, and remaining actively engaged in firefighting activities for 24 hours or longer without a break.

When not responding to emergencies, Fire Crew CMs can be assigned to field projects or training which will still require an above average ability to perform physically and mentally demanding activities under extremely adverse conditions in all types of weather and terrain. Additional projects may involve clearing trails; cutting brush; assisting in the maintenance and repair of buildings, grounds, and equipment; inspecting, cleaning and repairing fire hoses and equipment; sharpening fire tools; painting equipment and buildings; performing semi-skilled or laboring construction work; and performing general station housekeeping and kitchen duties.

PSYCHOLOGICAL CONSIDERATIONS FOR ALL CORPSMEMBER POSITIONS

The physical requirements of a CCC Corpsmember vary from day to day depending upon the project, location, and terrain. Corpsmembers must be ready to respond and perform during emergencies (fires, floods, earthquakes, oil spills, etc.) and non-commutable project sites (spike locations). Project sites are primarily outdoors and, as required, a Corpsmember may spend extended periods operating from and living in primitive facilities, sometimes isolated from communities. For the health and safety of the Corpsmembers, they must be able to exercise good judgment and decision-making ability, with or without a reasonable accommodation, on their initial day of enrollment with the CCC.

Sections 1 3 outline the physical demands placed on Corpsmembers (those for the Standard Corpsmember are , those for the Fire Crew CM C , and those common to all CMs are marked

& FC deemed essential functions of the position. CMs must be ready to perform all essential functions, with or without a reasonable accommodation, on their initial day of enrollment in the CCC. Section 4 outlines the environmental exposures that are common to all CM positions. For the health and safety of the CMs, they must not be overly sensitive to the possible exposures outlined in section 4.

1. Frequency of activity required of the Standard Corpsmember/Fire Crew Corpsmember positions:

Activity Never

(0 hours) Occasionally

(up to 3 hours) Frequently

(3 - 6 hours)

Constantly (6 - 8+ hours)

Sample Activities -- Activities may vary depending upon type of work assigned

Sitting S & FC Riding in vehicle to project site, attending training and/or educational classes.

Walking S FC Walking or hiking miles to and from project sites on uneven ground and/or steep terrain.

Standing S & FC General work projects, serving food, training, directing vehicle traffic, staffing a demonstration booth, etc.

Bending (neck)

S & FC Cutting vegetation, picking up debris or other materials, etc.

Bending (waist)

S & FC

Cutting vegetation, trail construction, picking up debris, loading materials, etc.

Squatting S & FC Planting trees, filling sandbags, equipment assembly, etc.

Climbing S FC Tree climbing, working on scaffolding, working with ladders, etc.

Kneeling S & FC Planting trees, masonry work, construction projects, chainsaw operations etc.

Crawling S & FC Cleaning debris from confined areas, installation work, etc.

Twisting (neck)

S & FC

Emergency assignments, working on fire line, ensuring personal…