P2440009,_Sample_Contract.pdf

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT

STD 213 (Rev. 04/2020)

AGREEMENT NUMBER

P2440009 PURCHASING AUTHORITY NUMBER (If Applicable)

SCO ID: 3600-P2440009- SAMPLE

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

CONTRACTING AGENCY NAME

California Department of Fish andWildlife (CDFW)

CONTRACTOR NAME

To Be Determined (TBD)

2. The term of this Agreement is:

START DATE

July 01, 2024 or Upon California Department of General Services Approval, whichever is later

THROUGH END DATE

June 30, 2027

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 11

Exhibit B Budget Detail and Payment Provisions 5

Exhibit C * General Terms and Conditions (GTC 04/2017) *

Exhibit D Additional Provisions 11

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 CITY STATE ZIP

PRINTED NAME OF PERSON SIGNING TITLE

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED

SAM

PLE

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT

STD 213 (Rev. 04/2020)

AGREEMENT NUMBER

P2440009 PURCHASING AUTHORITY NUMBER (If Applicable)

SCO ID: 3600-P2440009- 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)

SAM

PLE

California Department of Fish and Wildlife Agreement Number: P2440009 Exhibit A – Scope of Work Contractor: TBD

(Version 03/2023)

1. Introduction of Services

The Contractor agrees to provide portable toilet rental and septic pumping services to the California Department of Fish and Wildlife (CDFW), Los Banos Wildlife Area (LBWA) in accordance with the specifications, terms, and conditions contained herein.

2. Location of Services

The services will be performed at the LBWA, 18110 West Henry Miller Avenue, Los Banos, CA 93635, Merced County.

3. Service Schedule

The services will be provided between standard business hours, except on holidays. 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: Sean Allen Name: TBD Phone: (209) 826-0463 Phone:

Email: Sean.Allen@wildlife.ca.gov Email:

Address: 18110 W. Henry Miller Avenue Address: Street Address Los Banos, CA 93635 City, State, Zip

Direct all inquiries to: Direct all inquiries to:

CDFW – LBWA

Name: Same as above Name: Same as above Address: Address:

Phone: Phone:

Email: Email:

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:Sean.Allen@wildlife.ca.gov

5. Scope of Work

A. Background and Objectives

The CDFW owns and operates various wildlife areas within the State of California. The LBWA is located at 18110 West Henry Miller Avenue, Los Banos, CA 93635. The LBWA is open for public visitation year-round, General Season, July 1st through June 30th of each year and Waterfowl Season, approximately October 1st through February 15th of each year.

In order to provide for the health and safety of the visiting public as well as CDFW employees and volunteers at the Los Banos Wildlife Area, it is necessary to pump the seven (7) 1,500-gallon capacity septic tanks on site.

During the Waterfowl Season, the LBWA receives a significant influx in visitation, creating a need for additional restroom facilities.

B. Work to be Performed

The Contractor will provide portable toilet rental and septic pumping services to the CDFW, LBWA, in accordance with the specifications, terms, and conditions contained herein the following:

• The Contractor will provide the following:

a. Two (2) American with Disabilities Act (ADA) and six (6) standard portable toilet units year-round (General Season) for each year of the agreement.

b. Three (3) ADA and eleven (11) standard portable toilet units during Waterfowl Season (October through February) of each year of the agreement.

c. Three (3) standard portable toilet units to be delivered 2 days prior to the public hunt opening day, the third Saturday of November through February 15th each year.

d. The Contractor is responsible for making any adjustments and repairs as needed to meet these standards.

General Season (July 1, 2024 through June 30, 2025, July 1, 2025 through June 30, 2026, and July 1, 2026 through June 30, 2027)

The General Season runs July through June each year. The CDFW Contract Manager will schedule the delivery and set up of all toilets upon CDFW approval of the agreement by contacting the Contractor’s identified point of contact in the agreement. The Contractor will be expected to deliver all toilets within 48 hours of the CDFW request for delivery and set up.

The Contractor is to provide six (6) standard portable toilet units and two (2) ADA compliant portable toilet units for use during the General Season at the Los Banos Wildlife Area.

Waterfowl Season (Approximate Dates: October 1, 2024, through February 15, 2025, October 1, 2025 through February 15, 2026, and October 1, 2026 through February 15, 2027)

The Waterfowl Season runs from October through February each year. The CDFW Contract Manager will schedule the delivery and set up of all toilets upon CDFW approval of the agreement by contacting the Contractor’s identified point of contact in the agreement. The Contractor will be expected to deliver all toilets within forty-eight (48) hours of the CDFW request for delivery and set up.

The Contractor will provide eleven (11) standard portable toilet units and three

(3) ADA compliant portable toilet units for use during the Waterfowl Season at the Los Banos Wildlife Area.

Additional Rental Periods (Approximate Dates: November 18, 2024, through February 15, 2025, November 17, 2025 through February 15, 2026, and November 16, 2026 through February 15, 2027)

Two properties are open later during Waterfowl Season, late November through February each year. The CDFW Contract Manager will schedule the delivery and set up of all toilets upon CDFW approval of the agreement by contacting the Contractor’s identified point of contact in the agreement. The Contractor will be expected to deliver all toilets within forty-eight (48) hours of the CDFW request for delivery and set up.

The Contractor will provide three (3) standard portable toilet units for use during the late Waterfowl Season at the Los Banos Wildlife Area.

Portable Toilet Units and Locations

Los Banos Wildlife Area Complex

General Season

Upon Execution of Agreement-06/30/25, 07/01/25-06/30/26, and 07/01/26-06/30/27

Waterfowl Season

Approximate dates:

10/01/24-02/15/25, 10/01/25-02/15/26, and 10/01/26-02/15/27

Additional Rental Periods (as noted by asterisks below)

Los Banos Wildlife Area

2 ADA / 2

STANDARDS

1 ADA / 3

STANDARDS

Volta Wildlife Area

1 STANDARD

1 ADA / 6

STANDARDS

San Luis Reservoir Wildlife Area 1 STANDARD

O'Neill Forebay Wildlife Area 1 STANDARD

Little Panoche Wildlife Area 1 STANDARD

Merced National Wildlife Refuge

1 ADA / 2

STANDARDS

Mud Slough Unit* 2 STANDARDS*

Lone Tree Unit* 1 STANDARD*

Los Banos Wildlife Area

TOTALS

2 ADA /

6 STANDARDS

3 ADA /

11 STANDARDS 3 STANDARDS

*Mud Slough Unit and Lone Tree Unit to be delivered 2 days prior to public hunt opening day, the third Saturday of November, through February 15, 2025. Same timeframe the second and third year ending approximately February 15, 2026 and February 15, 2027.

e. Appearance

The Contractor will ensure that all units provided for the Los Banos Wildlife Area are uniform in size, structure, and appearance. Additionally, each unit will have a decal with the Contractor’s company name and current phone number affixed in 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.

Required unit specifications are as follows:

Standard Portable Toilet Unit Specifications

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 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

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

All handicap units must comply with current ADA specifications.

* Americans with Disabilities Act (ADA)

Mandatory Compliances:

• The Contractor will not interfere with the ingress, egress, and/or use by the public of any wildlife areas described herein. The Contractor will not interfere with ingress, egress, and/or use by individuals that have right-of-way privileges, easements, or any other legal interests related to the wildlife areas described herein.

• The CDFW will not be held liable for any damage sustained or theft of any portable toilet unit provided by the Contractor while placed on State of California property.

• The Contractor will properly dispose of all waste at an approved wastewater treatment facility and provide copies of dump records within forty-eight (48) hours of request by CDFW.

• The Contractor will 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 will be carried on transport vehicles and maintained at facilities where wastes are received, stored, or handled during transportation.

• The Contractor and subcontractor will 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 will 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.

Task 1: Portable Toilet Delivery/Install

The Contractor will deliver portable toilets to the Los Banos Wildlife Area within forty-eight (48) hours of request by CDFW. The Contractor will verbally notify CDFW Contract Manager by telephone at least twenty-four (24) hours prior to any Contractor-initiated removal, transfer, or new delivery of any units.

Additional and/or separate charges will not be allowed for the delivery, transfer, or removal of any unit with the exception of emergency removal requests by the CDFW Contract Manager or CDFW designee as outlined below in task 2 “Portable Toilet Servicing”.

Unanticipated/Additional Units

• CDFW reserves the right to request additional portable toilet units and/or additional portable toilet servicing. The CDFW Wildlife Area Manager will contact the Contractor’s Project Director as necessary to schedule and obtain additional units and/or services.

• It should be also noted that the number of units initially requested is an approximate number and may vary according to public use demands and weather conditions. Fewer units may be needed if areas are reduced in public use capacity or size. Additional units may be needed in lieu of weather conditions and acts of nature. Length of time and rental service may also be adjusted depending upon the season.

Placement

• Portable toilets are to be spread throughout the Los Banos Wildlife Area for public use during the general and waterfowl season. For specific location set up, the CDFW Contract Manager will provide a map to the Contractor upon arrival at the Los Banos Wildlife Area for delivery.

• All units, ADA or standard, to be placed on the Los Banos Wildlife Area must be approved by the CDFW Contract Manager prior to placement.

• These units will be placed in various remote locations, which are subject to heavy public use, high winds, and insect infestations, such as yellow jackets/wasps, spiders, etc. Service technicians should carry insect repellant and wasp spray at all times.

Installation

• The Contractor will install all portable toilet units securely to the ground with stakes, or as agreed upon by the CDFW Contractor Manager and Contractor Project Director, to prevent tipping due to high winds or vandalism.

• 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.

Objectives and Deliverables:

• The Contractor will provide the listed portable toilet units per the contract specifications at the designated times and locations.

Task 2: Portable Toilet Servicing

a. Servicing Timeframes and Frequency

The Contractor will service all portable toilet units once per week on either Monday or Tuesday, between the hours of 8:00 a.m. and 3:00 p.m., commencing with the first Monday or Tuesday 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.

b. Minimum Servicing Requirements

The Contractor will perform, at minimum the following services for both standard and ADA Compliant portable toilet units:

i. Pump holding tank;

ii. Refresh odor-suppressing chemicals in the holding tank;

iii. Apply fragrance as needed;

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

v. Clean entry door and ensure good working condition;

vi. Clean dust and dirt by sweeping and/or washing as part of the weekly maintenance;

vii. Remove all insects, webs, and debris;

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

ix. Restock hand sanitizer.

c. Service Log

The Contractor will maintain a service log for each unit, and each log will be housed in the portable toilet 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.

d. Missed Servicing

The Contractor will notify CDFW within twenty-four (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 within two (2) business days. If servicing cannot be performed within two (2) business days, servicing charges for that week will not be charged.

e. Unanticipated/Additional Servicing

The Contractor may be required to provide additional servicing 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.

Emergency pumping service requested must be completed within twenty-four

(24) hours of request of the CDFW Contract Manager or CDFW Wildlife Area Manager, Monday through Friday. Due to seasonal flooding for each location the units must be removed within twenty-four (24) hours of request. CDFW will not be responsible for units lost during a flood event if twenty-four (24) hour notice to remove is given.

f. Waste Disposal and Dump Records

The Contractor will properly dispose of all waste at an approved wastewater treatment facility and provide copies of dump records within forty-eight (48) hours of request by CDFW.

• The Contractor will provide portable toilet units maintenance and ensure unit cleanliness in a sanitary manner.

• The Contractor will keep the equipment in good working order by making all necessary adjustments and repairs as needed.

• The Contractor will respond to unanticipated/additional and/or emergency services.

Task 3: Portable Toilet Removal

• The Contractor will remove portable toilets from the LBWA within seven (7) 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 Task 2 “Portable Toilet Servicing”.

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

• Additional and/or separate charges will not be allowed for the transfer, or removal of any unit. All Contractor costs will be included in the rates identified in Exhibit B, Line Item Budget.

• The Contractor will clean the premises where the units were located.

• The Contractor will remove units as described in this dissection or as requested by the Contract Manager or his representative.

• The Contractor will clean premises where units were located.

Task 4: Septic Tank Pumping Services

The Contractor will pump seven (7) 1,500-gallon septic tanks once each year during the duration of this agreement for the Los Banos Wildlife Area. State owned house numbers are as follows: R4-5, R4-13, R431B, R4-38, R439, R4- 40 and R4-70. The CDFW Contract Manager will contact the Contractor via phone call to arrange specific dates for all pumping services. The Contractor will have forty-eight (48) hours to complete all requested services upon contact from the CDFW Contract Manager.

Waste Disposal and Dump Records

• The Contractor will properly dispose of all waste at an approved wastewater treatment facility and provide copies of dump records within forty-eight (48) hours of request by CDFW.

• The Contractor will provide septic pumping services once a year to seven (7) 1,500-gallon septic tanks. State owned house numbers are as follows: R4-5, R4-13, R431B, R4-38, R439, R4-40 and R4-70.

C. Reports

1. The report must include the following narrative sections:

a. Dump Records

i. The Contractor will properly dispose of all waste at an approved wastewater treatment facility and provide copies of dump records within forty-eight (48) hours of request by CDFW.

b. Description of quality of tanks per residence

2. The report must summarize the following data elements:

a. Agreement Number

b. Service Dates

c. Dump Records

d. Description of quality of tanks per residence

e. Number of portable toilet serviced

3. Draft and final report must be in PDF format.

4. The Contractor will prepare and submit the draft report to the CDFW Contract

Manager by email. The CDFW Contract Manager will have five (5) business days to provide comments to the draft report, after which a final report must be prepared.

The CDFW Contract Manager may accept the draft report as the final report. The report will not be considered final until accepted and approved by the CDFW Contract Manager.

5. The Contractor must submit, via email or hand-delivery, a material safety data sheet for all chemicals used on the property to the CDFW Contract Manager prior to the first pest control service is administered. A current material safety data sheet must be provided any time a new material is used in the process of completing the requirements of this agreement.

D. Schedule of Completion Dates

Dates below are approximate. The Contractor will deliver portable toilets to the Los Banos Wildlife Area within forty-eight (48) hours of request by CDFW and will remove portable toilets from the Los Banos Wildlife Area within seven (7) working days of request for removal by the CDFW Contract Manager or CDFW designee.

Activity Anticipated Due Date*

Task 1 - Portable Toilet Delivery/Install: General Season Toilets (remains on property year-round)

Upon execution of Agreement

Task 1 – Portable Toilet Delivery/Install: Waterfowl Season Toilets

October 4, 2024 October 3, 2025 October 2, 2026

Task 1 – Portable Toilet Delivery/Install: Late Waterfowl Season Toilets

November 18, 2024 November 17, 2025 November 16, 2026

Task 2 - Portable Toilet Servicing Weekly, Mondays or Tuesdays

Task 3 - Portable Toilet Removal: Waterfowl and Late Waterfowl Season Toilets

February 15-21, 2025 February 15-21, 2026 February 15-21, 2027

Task 3 - Portable Toilet Removal: General Season Toilets

End of Contract, June 30, 2027

Task 4: Septic Tank Pumping Services January 2025, 2026, 2027

Final Report Due To be submitted monthly along with invoice

*Changes to due dates must be agreed upon in writing by the Contractor and CDFW Contract Manager.

6. Contractor Minimum Qualifications/Requirements

The Contractor will 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 will be carried on transport vehicles and maintained at facilities where wastes are received, stored, or handled during transportation.

The Contractor and subcontractor will 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 will 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 proof of coverage throughout the duration of this agreement and will supply proof of upon request by the CDFW Contract Manager as outlined per 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)

D. Workers Compensation and Employers Liability (limits of $1,000,000 are required. The waiver of subrogation endorsement will 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”.

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: Sean Allen

CDFW Region / Division: Central Region (4) / North Grasslands Wildlife Area

Email: Sean.Allen@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.

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 mailto:Sean.Allen@wildlife.ca.gov 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).

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.

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

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. BUDGET FLEXIBILITY CLAUSE

A. Subject to the prior review and approval of the Contract Manager, line item shifts of up to a cumulative maximum of $25,000 or 10% of the annual Agreement total, whichever is less, may be made over the life of the Agreement. There must be a substantial business justification for any shifts made.

B. Line item shifts may be proposed / requested by either CDFW or the Contractor in writing and must not increase or decrease the total Agreement amount allocated.

C. If the Agreement is formally amended, any line item shifts agreed to by the parties must be included in the amendment.

7. LINE ITEM BUDGET

The Contractor will provide to CDFW portable toilet rental with weekly 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 (i.e., delivery, transfer, pick-up), taxes, tools, materials 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 TBD by Bid Cost Sheet.

California Department of Fish and Wildlife Exhibit D – Additional Provisions (Rev 05/2024)

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.

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.

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.

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

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

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). An action for a civil penalty under this subdivision may be brought by any public prosecutor in the name of the people of the State of California and the penalty imposed will be enforceable as a civil judgment.

Pursuant to the M&VC Section 999.7, CDFW will withhold ten thousand dollars ($10,000) from the final payment, or the full final payment if less than ten thousand dollars ($10,000), until the Contractor complies with the certification requirements of Military and Veterans Code Section

999.5. Contractors that fail to comply with the certification requirements will be given notice and allowed to cure the defect. If after 15 calendar days but not more than 30 calendar days from the date of the notice, the Contractor fails to comply with the certification requirements, CDFW will permanently deduct ten thousand dollars ($10,000) from the final payment, or the full payment if less than ten thousand dollars ($10,000). The withholding applies to all procurement approaches with a DVBE subcontractor, as defined by M&VC Section 999(b)(4).

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std817.pdf

Notwithstanding any other law, the CDFW will not withhold more than the amount specified on the final payment of any DVBE contract for the purposes of ensuring compliance with the certification requirements of M&VC 999.5.

10.

DISCLOSURE REQUIREMENTS ~ Any document or written report prepared in whole or in part pursuant to this Agreement must contain a disclosure statement indicating that the document or written report was prepared through an Agreement with CDFW. The disclosure statement must include the Agreement number and dollar amount of all Agreements and subcontracts relating to the preparation of such documents or written reports. The disclosure statement must be contained in a separate section of the document or written report.

If the Contractor or subcontractor(s) are required to prepare multiple documents or written reports, the disclosure statement may also contain a statement indicating that the total Agreement amount represents compensation for multiple documents or written reports. The Contractor must include in each of its subcontracts for work under this Agreement, a provision which incorporates the requirements stated within this section.

11. USE OF SUBCONTRACTOR(S) ~ If the Contractor desires to accomplish part of the services using one (1) or more subcontractors, the following conditions must be met:

a. The Contractor must submit any subcontracts to the State for approval prior to starting any of the work;

The Agreement between the primary Contractor and the subcontractor must be in writing;

c. The subcontract must include specific language which establishes the rights of the auditors of the State to examine the records of the subcontractor relative to the services and materials provided under the Agreement; and d.

Upon termination of any subcontract, the State must be notified immediately, in writing.

Further, any subcontract in excess of $100,000.00 entered into as a result of this Agreement must contain all applicable provisions stipulated in this Agreement.

The Contractor will be responsible for all work performed under this agreement. All persons engaged in the work will be considered employees of the Contractor. When any subcontractor fails to execute a portion of the work in a manner satisfactory to the State, the Contractor must immediately remove such subcontractor upon written request of the State and the subcontractor must not be employed for any portion of the contract. The State will not entertain requests to arbitrate disputes among subcontracts concerning responsibility for performing any part of the work.

All changes in subcontractual relationship during the term of this agreement must be submitted to the CDFW Contract Manager in writing within 10 working days of said change.

12. POTENTIAL SUBCONTRACTOR(S) ~ Nothing contained in this Agreement or otherwise will create any contractual relation between the State and any subcontractor(s) and no subcontract will relieve the primary Contractor of its responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractor(s) and of persons directly employed or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its subcontractor(s) is an independent obligation from the State’s obligation to make payments to the primary Contractor. As a result, the State will have no obligation to pay or to enforce the payment of any monies to any subcontractor.

13.

TRAVEL AND PER DIEM ~ The Contractor agrees that all travel and per diem paid its employees under this Agreement will be at rates not to exceed those amounts paid to the non-represented/excluded State employees. No travel outside the State of California will be reimbursed unless prior written authorization is obtained from CDFW.

14.

NOVATION ~ If the Contractor proposes any Novation Agreement, CDFW will act upon the proposal within sixty (60) days after receipt of the written proposal. The State may review and consider the proposal, consult and negotiate with the Contractor, and accept or reject all or part of the proposal. Acceptance or rejection may be made orally within the sixty (60) day period and confirm in writing within five (5) days. No Novation Agreement will become operative or otherwise binding on the State pursuant to this paragraph in the absence of a formal Novation Agreement amendment which has been approved in accordance with all applicable State policy, laws, and procedures.

15.

INSURANCE ~ When the Contractor submits a signed Agreement to CDFW, the Contractor must also furnish either proof of self-insurance, or certificate(s) of insurance showing that the required insurance is presently in effect. Contractor agrees to make complete copies of applicable insurance policies available to CDFW upon request. The State will not be responsible for any premiums or assessments on the policy.

General Provisions Applying to All Policies:

1) 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 (10) days prior to the expiration of this insurance. Any new insurance must still comply with the original terms of the contract. The policy’s retroactive date must be shown on the certificate of insurance and must be before the execution date of the contract or before the start of any contract work.

2)

Policy Cancellation / Termination & Notice of Non-Renewal – Contractor must provide the State within two (2) business days a copy of any notice of Cancellation/Termination or Non-renewal received by contractor for any of the required insurance policies.