RFA-23-001_Native_American_v06.17.24.pdf

California Arts Council

RFA-23-001

REQUEST FOR APPLICATION (RFA)

Native American and Indigenous Artists in California Notice to Prospective Applicants

Single Award Tuesday, June 18, 2024

You are invited to review and respond to this Request for Application (RFA), entitled Native American and Indigenous Artists in California. This RFA will result in an Interagency Agreement with a UC, CSU, an Authorized CSU Auxiliary Organization or a California State Agency/Department.

In submitting your application, you must comply with the instructions delineated in this document. Failure to comply with any of the requirements may result in rejection of your application. By submitting an application, your organization agrees to the terms and conditions stated in this RFA.

This solicitation is published online in Cal eProcure. You must register online at https://caleprocure.ca.gov/pages/index.aspx.

The CAC considers this RFA to be complete and without need of explanation. If you have any questions, notice any discrepancies or inconsistencies, or need any clarifying information, submit your questions to the Procurement Analyst, Carla.Pareja@cac.ca.gov. Please review the KEY ACTION DATES for all relevant deadlines.

Please note that verbal information provided by CAC will not be binding unless CAC issues such information in writing as an official addendum or as answers to the questions and will be attached with the advertisement in Cal eProcure.

Agreements entered into with State of California agencies will be completed as Interagency Agreements (IAAs) and shall be governed by the Terms and Conditions:

https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GIA-11-2022.pdf. Negotiation of the State of California Terms and Conditions will not be permitted.

RFA Contact Carla Pareja, Procurement Analyst Carla.Pareja@arts.ca.gov https://caleprocure.ca.gov/pages/index.aspx mailto:Carla.Pareja@cac.ca.gov https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GIA-11-2022.pdf

TABLE OF CONTENTS

A. Background B. Purpose C. Minimum Qualifications D. Application Requirements and Information

1) Key Action Dates

2) Submission of Application

3) Developing an Application

• Attachment 1: Required Documents and Attachment Checklist

• Attachment 2: Applicant Certification Sheet

• Attachment 3: Payee Data Record (STD 204)

• Attachment 4: Client References Template

• Attachment 5: Proposed Cost Worksheet Template

• Required Application Components:

o Project Narrative o Team Description and Roles o Work Examples—minimum two o Detailed Timeline o Proposed Budget/Worksheet o Reference(s)—minimum one

4) Assessment Process/Plan:

• Administrative

• Technical

• Cost

5) Protest Provisions

6) Award

7) Department of General Services Office of Legal Services

(DGS/OLS) approval.

Exhibit A Statement of Work (SOW) Exhibit B Budget Detail and Payment Provisions Exhibit C Terms and Conditions (GIA-11-2022) Exhibit D Special Terms and Conditions Appendix 1 Respondent Scoring Rubric Standard Agreement

STD 213 (post award only)

A. BACKGROUND

Please refer to Exhibit A – Statement of Work

Individuals who do not use conventional print materials or require access to materials in languages other than English may contact the California Arts Council Procurement Analyst, Carla.Pareja@arts.ca.gov to obtain this publication in an alternate format or language.

B. PURPOSE

Please refer to Exhibit A – Statement of Work

C. MINIMUM QUALIFICATIONS

CAC is looking for a UC/CSU/Authorized CSU Auxiliary in this work. Qualified applicant partners will have:

• At least two years’ experience engaging with California’s Tribal Nations (see proposal requirements for providing examples)

• Experience working with government institutions knowledge and/or experience in the field of philanthropy, grantmaking, development

• Knowledge and/or experience of community engagement design practices

• Functioning office located in California

• Ability to travel to Sacramento and other locations for in-person meetings

D. APPLICATION REQUIREMENTS AND INFORMATION

1) Key Action Dates*

EVENT DATE TIME

RFA-23-001 Released Tues., June 18, 2024 Written Questions Submittal Fri., July 5, 2024 by 5 PM Written Responses, if any, posted in Cal eProcure

Tues., July 9, 2024 by 5 PM

Application Package Deadline Mon., July 15, 2024 by 5 PM Assessment of Applications July 16 – 19, 2024 by 5 PM Interview(s)** July 22 – 23, 2024 Award Contract Weds., July 24, 2024 by 5 PM Contract Start Date Mon., July 29, 2024 Contract End Date Fri., January 31, 2025

*Project dates and is subject to change via an addendum.

mailto:Carla.Pareja@arts.ca.gov

**Interview(s) may be conducted by CAC and will not be evaluated. Respondent(s) must plan to be available during this time.

2) Submission of Application

a) Applications should provide straightforward and concise descriptions of the applicants’ ability to satisfy the requirements of this RFA. The application must be complete and accurate. Omissions, inaccuracies, or misstatements may be cause for rejection of an application.

b) All applications must be emailed in its entirety by the deadline as shown on the Key Action Dates and Time table above and can be emailed to Carla.Pareja@arts.ca.gov. Please reference RFA-23-001 on the subject line.

c) Applications must be submitted in its entirety and not separately or piecemeal.

d) Applicant Package must be in non-editable PDF.

e) Due to limited storage space, prepare the application package in the least expensive method. Cost incurred for developing applications in anticipation of award of the agreement are entirely the responsibility of the Applicant and shall not be charged to CAC or the State of California.

f) The actual legal name of the applicant must be provided.

g) All applications shall include all the required documents listed in Attachment

1: Required Attachment Checklist. A non-responsive application is one that does not meet the basic application requirements.

h) Applications must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and may cause an application to be rejected.

i) An application may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may reject any or all applications and may waive an immaterial deviation in an application. The State’s waiver of an immaterial deviation shall in no way modify the RFA document or excuse the applicant from full compliance with all requirements if awarded the agreement,

j) An individual who is authorized to contractually bind the proposing firm shall sign the Attachment 2: Application/Applicant Certification Sheet. The signature must indicate the title or position that the individual holds in the firm/organization. An unsigned application may be rejected.

k) An applicant may modify an application after its submission by withdrawing its original application and resubmit a new application prior to the final submission deadline as set forth in the Key Action Dates Table. The entire package must be resubmitted. Please reference in the subject line: RFA-23- 001 Resubmit #2. Resubmittals must be emailed to Carla.Pareja@arts.ca.gov.

l) An Applicant may withdraw its application by submitting a written withdrawal request to the State, signed by the applicant or an authorized agent. An Applicant may thereafter submit a new application prior to the application submission deadline. Applications may not be withdrawn without cause subsequent to the application submission deadline.

m) CAC may modify the RFA prior to the final application submission deadline by the issuance of an addendum to all parties who received an application package.

n) CAC reserves the right to reject all applications. CAC is not required to award an agreement.

o) Before submitting a response to this solicitation, applicants should review, correct all errors, and comply with the RFA requirements.

p) Where applicable, applicants should carefully examine work sites and specifications. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

q) No oral understanding or agreement shall be binding on either party.

r) Agreements entered into with State of California agencies will be completed as Interagency Agreements (IAAs) and shall be governed by the Terms and Conditions: https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GIA-11- 2022.pdf. Negotiation of the State of California Terms and Conditions will not be permitted.

3) Developing an Application

• Attachment 1: Required Documents and Attachment Checklist

• Attachment 2: Applicant Certification Sheet

• Attachment 3: Payee Data Record (STD 204)

• Attachment 4: Client References Template

• Attachment 5: Proposed Cost Worksheet Template

• Required Application Components:

o Project Narrative o Team Description and Roles o Work Examples (minimum 2) o Detailed Timeline o Proposed Budget/Cost o Reference (minimum 1)

4) Assessment Process

a) Due to the specific experience needed to fulfill the RFA, the point system set to evaluate Respondents is defined in this RFA and follows the Public Contract Code §10344(c).

b) Assessment Plan

1. Administrative: The initial review of the Respondents will confirm that all information has been submitted in conformity with the requirements of this RFA. The absence of required information will cause a Respondent to be deemed nonresponsive and may result in the Respondent’s https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GIA-11-2022.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GIA-11-2022.pdf https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PCC&sectionNum=10344.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PCC&sectionNum=10344.

disqualification. Refer to Attachment 1 – Required Documents and Attachments Checklist.

2. Technical: Responsive Respondents will then be scored according to the criteria and point scale included in Appendix 1: Respondent Scoring Rubric.

Read Appendix 1: Respondent Scoring Rubric carefully to fully understand how Respondents will be reviewed and scored.

• Project Narrative

• Team Description and Roles

• Work Examples (at least 2)

• Detailed Timeline

• Proposed Budget/Cost

• Reference (at least 1)

3. Proposed Cost:

The total costs of all tasks of this RFA, including advertising and marketing expenditures, cannot exceed $50,000 and inclusive of all expenses and office costs (e.g. travel, lodging, supplies and materials, etc.). Cost elements must include the following, but not limited to:

• Direct Costs.

• Indirect Costs.

Refer to SAM §§ 8752 and 8752.1 to review Full Cost Recovery Policy and Cost Elements and How Charges are Computed for all interagency contracts.

The highest score for this criterion is given to the proposer with the lowest overall proposed cost. Scores for other proposers are given by standard formula in relationship to the lowest applicant submitted:

(Lowest Proposer’s Cost / Other Respondent) X Maximum Cost Points = Cost Points for the Other Respondent

5) Protest Provisions

Protest Provisions do not apply for interagency agreements.

6) Award, if made, will be to the highest-scored responsible and responsive applicant.

Definitions:

• Responsive Applicant - An applicant is considered responsive if it indicates compliance without material deviation from the requirements of the solicitation and the terms and conditions of the proposed contract.

• Responsible Applicant - An applicant is responsible if they possess the experience, facilities, reputation, financial resources and are fully capable of performing the contract.

7) Department of General Services Office of Legal Services (DGS/OLS)

DGS/OLS approval is required for Interagency Agreements in accordance with SCM 1, Sections 4.03 and 4.04. (GC § 11256; SCM 1, Chapter 4.)

EXHIBIT A – STATEMENT OF WORK

ABOUT THE CALIFORNIA ARTS COUNCIL

The CAC is a state agency with a mission of strengthening arts, culture and creative expressions as the tools to cultivate a better California for all. It supports local arts infrastructure and programming statewide through grants, initiatives, and services. CAC envisions a California where all people flourish with universal access to and participation in the arts.

The CAC’s current mission, vision and values can be viewed at https://arts.ca.gov/about/about-us/.

PROJECT OVERVIEW

The CAC believes that uplifting and prioritizing the voices and needs of Native American artists will strengthen California’s arts and culture sector and improve the lives of all Californians. In partnership with the Governor’s Office of the Tribal Advisor, the CAC convened a group of Native American and Indigenous artists based in California to discuss the challenges, needs and opportunities for Native artists and communities. The initial focus of the meeting was to plan a larger state-wide convening to be held at a later date. However, the day’s conversation highlighted a number of needs the CAC might address through a dedicated grant program, and the agency was able to outline an opportunity for Native American and Indigenous artists as part of its 2024/25 grant strategy approved by the Council.

To help the CAC, and the State prioritize the needs of Native American artists across California, the CAC seeks to contract with a qualified consultant to design a process and co-create a grant program to support Native and Indigenous artists. The goal of the program will be to be address and mitigate disparities of funding and increase the visibility of Native American artists. The CAC is committed to following through on its promise to create opportunities for Native American and Indigenous artists. The engagement of this contractor is an initial step in following through on this promise.

STATEMENT OF WORK

Develop and implement a participatory community-centered design process that results in the development of a new grant program and grant guidelines for Native American and Indigenous Artists. This work should be guided by CAC’s racial equity statement principles.

Specific activities include:

• Planning and facilitation of in-person kick-off meeting with CAC staff and Council members.

https://arts.ca.gov/about/about-us/ https://view.publitas.com/ca-arts-council/2019-ca-native-artists-community-led-meeting/page/1 https://arts.ca.gov/about/racial-equity-statement/ https://arts.ca.gov/about/racial-equity-statement/

• Create a workplan outlining all activities and timeline for completion

• Re-engagement of 2019 convening participants.

• Identification and engagement of new artists and tribal stakeholders beyond 2019 convening participants.

• Design, coordination and implementation of listening sessions to hear and discuss community needs and possible opportunities.

• Design, coordination and implementation of community survey to understand broader community issues, needs and opportunities.

• Research potential other funding sources or partnerships to support this type of program.

• Report findings and recommendations for design and implementation of Native

American/Indigenous Artists grant program.

• Draft grant program guidelines.

• Participate in regular check ins with CAC staff liaison.

• Participate in monthly calls with CAC project team.

• Work with Council committee members to draft guidelines to be presented to full

Council.

Deliverables include:

• Agendas for kick-off and check in meetings.

• Survey protocols.

• Listening session discussion guides.

• Other research tools, if applicable.

• Executive Report summarizing the work, findings/results and recommendations.

• PPT presentation summary

• Draft program guidelines:

o Purpose and Background o Eligibility o Grant amounts (max amount) o Description of responsibilities for grantee and CAC o Review process o Grant timeline o Other sections TBD

QUALIFICATIONS

CAC is looking for a UC/CSU/Authorized CSU Auxiliary in this work. Qualified applicant partners will have:

• At least two years’ experience engaging with California’s Tribal Nations (see proposal requirements for providing examples)

• Experience working with government institutions knowledge and/or experience in the field of philanthropy, grantmaking, development

• Knowledge and/or experience of community engagement design practices

• Functioning office located in California

• Ability to travel to Sacramento and other locations for in-person meetings

PROJECT TIMELINE

Project work July 29, 2024 – January 31, Budget for this project is $50,000, inclusive of all expenses and office costs (e.g., travel, lodging, supplies, and materials, etc.).

PROPOSAL REQUIREMENTS

All interested contractors should submit the following:

• Project Narrative: Describe the overall approach to the work and values that will guide this approach. Describe how activities listed above will be implemented, any challenges you anticipate encountering in completing this work and how you will overcome them. Describe how you will engage California tribal nations and communities in a meaningful and participatory manner.

• Team Description and Roles: Describe the individual(s)/team who will be shepherding this project with specific examples of experience working with CA Tribal Nations; include brief biographies and a description of their specific role.

• Work Examples: Please describe at least two examples or summary case studies of work that represents your experience in:

o Working with Tribal Nation communities;

o Working with State entities;

o Community engagement strategies.

• Detailed Timeline: Prepare a more detailed outline for completing the project.

Note milestones to align with Council meeting on September 13, 2024, with a final approval of guidelines at the December 13, 2024 meeting.

• Proposed Budget: Prepare a detailed budget based on the total available funds listed above. Provide hourly rate(s) for all assigned team members.

• Reference(s): Provide at least one (1) reference who can speak to your experience working with tribal or state entities.

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

1. BUDGET CONTINGENCY

It is mutually agreed that if the State Budget Act of the current year and/or any subsequent years covered under this Contract does not appropriate sufficient funds for the program, this Contract 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 Contract and the Contractor shall not be obligated to perform any provisions of this Contract.

2. BUDGET CONTINGENCY CLAUSE – FEDERAL

a) It is mutually understood between the parties that this contract may have been written for the mutual benefit of both parties before ascertaining the availability of congressional appropriation of funds to avoid program and fiscal delays that would occur if the contract were executed after that determination was made.

b) This contract is valid and enforceable only if sufficient funds are made available to the State by the United States Government for the fiscal year 2022 for the purpose of this program. In addition, this contract is subject to any additional restrictions, limitations, or conditions enacted by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this contract in any manner.

c) The parties mutually agree that if the Congress does not appropriate sufficient funds for the program, this contract shall be amended to reflect any reduction in funds.

d) The department has the option to invalidate the contract under the 30-day cancellation clause or to amend the contract to reflect any reduction in funds.

3. INVOICES

i. Contractor is required to submit monthly invoices to CAC.

ii. Charges will be computed in accordance with State requirements as noted in

State Administrative Manual (SAM) § 8752 and 8752.1. Please review the Full Cost Recovery Policy, Cost Elements and How Charges are Computers for all interagency contracts.

iii. Upon completion of the foregoing in a satisfactory manner California Arts Council agrees to pay to the Contractor an amount equal to the latter’s cost of performance hereunder computed in according with Section 8752 of the State

Administrative Manual. The total amount of this agreement shall not exceed the maximum total amount on the STD 213. Nothing herein contained shall preclude advance payments pursuant to Article 1, Chapter 3, Part 1, Division 3, Title 2, Government Code.

iv. Submission of Invoices:

The Contractor shall submit itemized invoices to the CAC Contract Manager via email. Invoices must include but not limited to the following:

o Invoice must be on Contractor letterhead. Clearly identifying the Contractor (payee) name, remittance address, telephone and email.

o Invoice Number (must be unique).

o Invoice Date.

o Interagency Agreement Contract Number.

o CAC Contract Number.

o Purchase Order Number.

o Billed To: California Arts Council.

o CAC Address: 2750 Gateway Oaks Dr. STE 300 Sacramento, CA 95833.

o Service Period in which the services were rendered.

o Description of services provided for the period.

o Invoice will be itemized and displayed consistent with the Proposed Cost

Worksheet.

o CAC may request supporting documentation like timesheets. The

Contractor must furnish approved/signed timesheets for all personnel and/or other supporting documents to support the Contractor’s invoice.

v. The CAC Contract Manager will verify and approve, or disapprove, the invoiced items. If the CAC does not approve the invoiced items, the invoice will be disputed and returned to the Contractor for correction.

vi. All invoices are required to be verified and approved by the Contract Manager before payment can be processed.

vii. CAC Contract Manager is expected to notify the Contractor within 14 days if an invoice is being disputed because it needs further clarification, details, (additional) supporting documents and/or revisions (and the like). Contractor must then furnish a revised invoice with a current invoice date. The invoice must be clearly marked “Revised”.

Example: If the original invoice submitted had an invoice number ME1234 and date of 05/01/2024, but the invoice was disputed by CAC on 05/14/2024 due to errors requiring the Contractor to correct/revise. The Contractor must provide a revised invoice with a current invoice date of 05/14/2024 or later with an invoice number ME1234-REV1, ME1234-REV2, etc.

viii. CAC asks that the Contractor provide an outstanding invoice list to the Public

Affairs Director, CAC Contract Manager and Accounting Unit in a quarterly basis to assist in prompt payment.

ix. Agreement Contact Information Table:

CONTRACT MANAGER(S) ACCOUNTING

Primary Contact:

Rebecca Ratzkin Equity Measures and Evaluation Manager Rebecca.Ratzkin@arts.ca.gov

Palwinder Dhaliwal Accounting Officer Palwinder.Dhaliwal@arts.ca.gov Cell: (916) 960-7033 Office: (916) 322-6555

Amy Ng Accounting Unit Amy.Ng@arts.ca.gov Office: (916) 322-6555

Gloriela Garcia Operations Manager Gloriela.Garcia@arts.ca.gov Cell: (916) 840-5502

OFFICE LOCATION

California Arts Council

2750 Gateway Oaks Drive STE 300 Sacramento, CA 95833

Office Hours: Monday – Friday; 9 AM – 5 PM Main Line: (916) 322-6555

4. PAYMENT

Payment for services performed under this Contract will be made upon satisfactory completion of services rendered. The Contractor shall invoice CAC in arrears upon successful completion of actual services rendered. Invoices for services are not due and payable, and do not constitute an obligation of the CAC, until the month following the month for which charges were accrued.

5. 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.

6. NET TERMS: 45 days upon receipt of undisputed invoice.

7. RECORDS RETENTION AND AUDIT

Notwithstanding any other provision of law, every contract involving the expenditure of public funds in excess of ten thousand dollars ($10,000) entered into by any state agency, board, commission, or department or by any other public entity, including a city, county, city and county, or district, shall be subject to the examination and audit mailto:Palwinder.Dhaliwal@arts.ca.gov mailto:Amy.Ng@arts.ca.gov mailto:Gloriela.Garcia@arts.ca.gov of the California State Auditor, at the request of the public entity or as part of any audit of the public entity, for a period of three (3) years after final payment under the contract.

It is the intent of the Legislature that the Regents of the University of California include in contracts involving the expenditure of state funds in excess of ten thousand dollars ($10,000) a provision stating that the contracting parties shall be subject to the examination and audit of the California State Auditor, at the request of the regents or as part of any audit of the university, for a period of three (3) years after final payment under the contract.

The examinations and audits under this section shall be confined to those matters connected with the performance of the contract, including, but not limited to, the costs of administering the contract (California Code, Government Code - GOV § 8546.7).

8. ADVANCING OF FUNDS (GC § 11257 through 11263)

State agencies may provide for the advancing of funds as herein provided to defray the charges mentioned in Section 11256. Any state agency may, and upon order of the Director of General Services shall, authorize such advances from any fund or appropriation available to it for payment for work, services, materials, or equipment to the fund or appropriation of the state agency which is to perform such work or render such services or furnish any materials or equipment to it, an amount equal to the estimated charges therefor or in an amount determined by the Director of General Services, and the State Controller shall transfer any amounts so authorized or determined.

Interagency Agreements may provide for advancing funds. Refer to GC § 11257 through 11263 and SAM § 8758.1. See the following website:

https://law.justia.com/codes/california/2010/gov/11250-11263.html.

9. Non-payment Transaction Request: Refer to GC § 11255 and BL 10-10.

10. Agreements with UC, CSU or an Authorized CSU Auxiliary Organization: Refer to UTC-220 and Ed. Code § 67325, et seq.

https://law.justia.com/codes/california/2010/gov/11250-11263.html

EXHIBIT C – TERMS AND CONDITIONS (GIA-11-2022)

Interagency Agreements (IAAs) and shall be governed by the Terms and Conditions:

EXHIBIT D – SPECIAL TERMS AND CONDITIONS

1. Notification

All notices required by either party shall be in writing and sent by email, mail or personally delivered to the appropriate address. CAC headquarters is located at 2750 Gateway Oaks Drive STE 300 Sacramento, CA 95833.

2. Contract Personnel

The Contractor shall not substitute members of the project personnel without prior written approval of the CAC.

3. Operating Hours

Normal CAC operating hours are 8 a.m. to 5 p.m. Monday through Friday. Specific work hours of the Contractor are flexible, although meetings will take place during regular business hours.

4. Right to Terminate

a) In addition to any other provision of this contract, the CAC may terminate this contract or cancel a portion of the services(s) for any reason with thirty (30) days written notice. Contractor may submit a written request to terminate this agreement only if the State should substantially fail to perform its responsibilities as provided herein.

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

c) Failure to comply with contract terms and conditions is termination for cause and future applicants will be rejected for one (1) year.

5. Insurance Requirements

x. General Provisions

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.

2. Policy Cancellation or Termination & Notice of Non-Renewal – Contractor is responsible to notify the State within five business days before the effective date of any cancellation, non-renewal, or material change that affects required insurance coverage. 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.

3. Deductible – Contractor is responsible for any deductible or self-insured retention contained within their insurance program.

4. 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.

5. Insurance Carrier Required Rating – All insurance companies must carry a rating acceptable to the Office of Risk and Insurance Management. If the Contractor is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required.

6. 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.

7. Inadequate Insurance – Inadequate or lack of insurance does not negate the contractor obligations under the contract.

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

9. Available Coverages/Limits - All coverage and limits available to the contractor shall also be available and applicable to the State.

8) Insurance Coverage Required by the State of California

1. Commercial General Liability – Contractor shall maintain general liability on an occurrence form with limits not less than $1,000,000 and $2,000,000 aggregate for bodily injury and property damage liability. The policy must include coverage for liabilities arising out of premises operations, independent Contractors, products/completed operations, personal & advertising injury, and liability assumed under an insured Agreement. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor’s limit of liability. The policy must include:

The State of California, its officers, agents, and employees are included as additional insureds, but only with respect to work performed under this Agreement.

Endorsements must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.

2. Automobile Liability – If contractor will not have any commercially owned vehicles used during the life of this Agreement, by signing this Agreement, the Contractor certifies that the Contractor and any employees, subcontractors or servants possess valid automobile coverage in accordance with California Vehicle Code Sections 16450 to 16457, inclusive. The State reserves the right to request proof at any time.

3. Workers’ Compensation and Employers Liability – Contractor shall maintain statutory workers’ compensation and employers’ liability coverage for all its employees who will be engaged in the performance of this Agreement.

Employer’s liability limits of $1,000,000 are required.

The workers' compensation policy shall contain a waiver of subrogation in favor of the State. The waiver of subrogation endorsement shall be provided.

4. If your business is a Sole Proprietorship and does not employ any other individual(s), a signed statement on business letterhead stating, “I certify under penalty of perjury under the laws of the State of California that I do not employ any person in any manner as to become subject to the Workers’ Compensation laws of California. I further certify that the Department of Rehabilitation will be notified within ninety (90) days of any changes which results in the business becoming subject to the Workers’ Compensation laws of the State of California" must be on file for this Agreement.

5. Professional Liability – Contractor shall maintain Professional Liability at $1,000,000 per occurrence and $2,000,000 aggregate covering any damages caused by a negligent error, act, or omission. The policy’s retroactive date must be displayed on the certificate of insurance and must be before the date this Agreement was executed or before the beginning of this Agreement work.

The Contractor is responsible to maintain continuous coverage for up to three years after the notice of completion.

6. Conflict of Interest

a) A firm will not be awarded an agreement if the financial interests are held by a current officer or employee of the state. Additionally, an agreement will not be awarded to an officer or employee of the state as an independent contractor to provide goods and service. Likewise, the contracting agency officials and employees shall also avoid actions resulting in or creating an appearance of:

1. Using an official position for private gain;

2. Giving preferential treatment to any particular person;

3. Losing independence or impartiality;

4. Making a decision outside official channels; and,

5. Affecting adversely the confidence of the public or local officials in the integrity of the program.

b) Former State employees will not be awarded an agreement for 2 years from the date of separation if that employee had any part of the decision making process relevant to the contract, or for 1 year from the date of separation if that employee was in a policy making position in the same general subject area as the proposed agreement within the 12-month period to his or her separation from state service.

c) Penalty for Violation

1. If the Contractor violates any provisions of above paragraphs, such action by

Contractor shall render this Agreement void. (PCC §10420)

2. Members of Boards and Commissions:

Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (PCC §10430 (e)

d) Representational Conflict of Interest The Contractor must disclose to the CAC Contract Manager any activities by Contractor and/or subcontractor personnel involving representation of parties, or provision of consultation services to parties, who are adversarial to CAC. CAC may immediately terminate this Agreement if the Contractor fails to disclose the information required by this section. CAC may immediately terminate this Agreement if any conflicts of interest cannot be reconciled with the performance of services under this Agreement.

e) Financial Interest in Contracts Contractor should also be aware of the following provisions of Government Code 1090: “Members of the Legislature, State, County District, Judicial District and City Officers or employees shall not be financially interested in any contract made by them in their official capacity, or by anybody or board of which they are members. Nor shall state, county, district, judicial district and city officers or employees be purchasers at any sale or vendors at any purchase made by them in their official capacity.”

7. Cultural Competence

a) The Contractor shall operate a culturally competent program. Cultural competence refers to the process by which individuals and systems respond respectfully and effectively to people of all cultures, languages, classes, races, ethnic backgrounds, disabilities, religions, genders, sexual orientation, and other diversity factors in a manner that recognizes, affirms, and values the worth of individuals, families, and communities, and protects and preserves the dignity of each.

b) There are five essential elements that contribute to a system’s ability to become more culturally competent. The system should (1) value diversity, (2) have the capacity for cultural self-assessment, (3) be conscious of the dynamics inherent when cultures interact, (4) institutionalize cultural knowledge, and (5) develop programs and services that reflect an understanding of diversity between and within cultures. These five elements shall be manifested in every level of the service delivery system. They shall be reflected in attitudes, structures, policies, and services.

8. Intellectual Property Considerations

a) The collective work created under this contract shall be considered a work for hire.

b) Contractor shall acquire and transfer to the CAC in written form all necessary rights and permissions for ideas and/or images use without restriction.

9 Disputes Resolution

a) The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, Contractor shall submit to the Department Director or designee a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to or involving this Contract, unless the State, on its own initiative, has already rendered such a final decision. Contractor’s written demand shall be fully supported by factual information, and if such demand involves a cost adjustment to the Contract, Contractor shall include with the demand a written statement signed by an authorized person indicating that the demand is made in good faith, that the supporting data are accurate and complete and that the amount requested accurately reflects the Contract adjustment for which Contractor believes the State is liable. If the Contractor is not satisfied with the decision of the Department Director or designee, the Contractor may appeal the decision to the Department of General Services, Deputy Director, Procurement Division. In the event that this Contract is for Information Technology Goods and/or services, the decision may be appealed to an Executive Committee of State and Contractor personnel.

b) Pending the final resolution of any dispute arising under, related to or involving this Contract, Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of Goods or providing of services in accordance with the State’s instructions. Contractor’s failure to diligently proceed in accordance with the State’s instructions shall be considered a material breach of this Contract.

c) Any final decision of the State shall be expressly identified as such, shall be in writing, and shall be signed by the Department Director or designee if an appeal was made. If the State fails to render a final decision within 90 days after receipt of Contractor’s demand, it shall be deemed a final decision adverse to Contractor’s contentions. The State’s final decision shall be conclusive and binding regarding the dispute unless Contractor commences an action in a court of competent jurisdiction to contest such decision within 90 days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later.

10. Contract Amendments

a) 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.

b) In the event that additional services must be performed which was wholly unanticipated and is not specified in the written Scope of Work, but which in the opinion of both parties is necessary to the successful accomplishment of the general scope of work outlined, an amendment to this Agreement is required for additional time only.

11. Contractor Evaluations

Contractor performance will be evaluated and documented using the following guidelines:

a) One Contract/Contractor Evaluation, form STD 4, must be prepared within 60 days of the completion of the contract.

b) The agency shall document the performance of the Contractor in doing the work or in delivering the services for which the contract was awarded.

c) The evaluations shall remain on file by the agency for a period of 36 months. If the Contractor did not satisfactorily perform the work or service specified in the contract, the agency conducting the evaluation shall place one copy of the unsatisfactory evaluation form in a separate agency contract file and send one copy of the form to DGS/OLS within five working days of completion of the evaluation.

d) Upon filing an unsatisfactory evaluation with DGS/OLS, the State agency shall notify and send a copy of the evaluation to the Contractor within 15 days. The Contractor shall have 30 days to submit a written response to the evaluation to the agency in the department under the contract and to send it to the awarding agency and the department. The Contractor’s response shall be filed with the evaluation in the agency’s separate contract file and in DGS/OLS files.

e) The evaluations and Contractor responses on file with the agencies and DGS/OLS are not public records. They should be maintained in a separate file.

12. Failure to Perform Services

a) Should the Contractor fail to adequately perform the services under the terms of the Agreement, the Contractor shall not be permitted to continue to perform services. The CAC shall state in writing the reasons the Contractor does not meet the Agreement standards.

b) The CAC will not be required to pay the Contractor for any hours worked during the period of inadequate performance. The Contractor is required to comply with any corrective actions issued as a result of a performance evaluation.

c) Failure to provide and/or improve services within the time frame established may result in sanctions for non-compliance. Continued failure may result in a termination of the Agreement.

13. Confidentiality of Data All financial, statistical, personal, technical, or other data and information relative to the CAC’s operations, which is designated confidential by the CAC and made available to the Contractor in order to carry out this Agreement, shall be protected by the Contractor from unauthorized use and disclosure. The Contractor shall implement appropriate measures designed to ensure the confidentiality and security of all data and information designated confidential by the CAC, protect against any anticipated hazards or threats to the integrity or security of such information, protect against unauthorized access or disclosure of information, and prevent any other action that could result in substantial harm to the CAC, or an individual identified within the data.

The Contractor shall protect and maintain the security of data with protection security measures that include maintaining secure environments that are patched and up to date with all appropriate security updates.

The Contractor agrees to store all CAC data, including backup data as part of its backup and recovery processes, in encrypted form, using no less than 128 bit key.

Permission to disclose information on one occasion or during a public hearing held by the CAC relating to this Agreement shall not authorize the Contractor to disclose further such information or disseminate the same on any other occasion.

The Contractor shall not comment publicly to the press or any other media regarding this Agreement or the CAC’s actions on the same, except to the CAC’s staff, Contractor’s own personnel, including subcontractors, affiliates, and vendors, involved in the performance of this Agreement, at public hearings, or in response to questions from a Legislative Committee.

The Contractor shall not issue any news release or public relations item of any nature whatsoever regarding Work performed or to be performed under this Agreement without prior review of the contents thereof by the CAC and receipt of the CAC’s written permission.

The CAC may reasonably request that the Contractor protect the confidentiality of certain data in a specified manner to ensure that confidentiality is maintained. The Contractor has the right to reasonably decline the CAC’s request. In the event that such a request requires the CAC to take steps beyond those otherwise required in order for the Contractor to comply, the Contractor shall notify the CAC as to the cost of compliance, and the CAC may thereafter, in its sole discretion, direct the Contractor to take such steps.

Upon the expiration or earlier termination of this Agreement, Contractor shall (a) destroy all forms of Confidential Information of the CAC, including any and all copies thereof, and those portions of any documents, memoranda, notes, studies and analyses prepared by the Contractor that contain, incorporate or are derived from such Confidential Information and provide written certification of such destruction to the CAC in a form reasonably acceptable to the CAC, provided that the Contractor have the right to retain one copy of any such Confidential Information for archival purposes, provided such copy shall continue to be maintained on a confidential basis subject to the terms of this Agreement, and (b) Immediately cease use of such Confidential Information as well as any information or materials that contain, incorporate, or are derived from such Confidential Information. This provision may be waived at the CAC’s sole discretion.

The confidentiality obligations shall survive termination of this Agreement with the Contractor for a period of thirty-five (35) years, or for so long as the information remains confidential, whichever is longer, and will inure to the benefit of the CAC and its successors and assigns.

Any subcontract/sub-agreement entered into as a result of this Agreement shall contain the exact text of all of the provisions of this Confidentiality of Data clause, regardless of dollar amount of the subcontract/sub-agreement.

14. Confidentiality Clause

The terms and conditions of this Agreement and the Work described herein, including communication with third parties, are to be held confidential between the Parties to this Agreement and shall not be disclosed to anyone else, except as shall be necessary to effectuate Agreement terms or comply with State or federal law.

Any disclosure in violation of this section shall be deemed a material breach of this Agreement.

The Contractor agrees to hold Confidential Information in confidence in accordance with the terms of this Agreement and agrees to use Confidential Information solely in accordance with the terms of this Agreement. “Confidential Information” shall include all non-public business-related information, written or oral, disclosed or made available to the Contractor directly or indirectly, through any means of communication by the CAC or any of its consultants, affiliates, or representatives of the Contractor.

The Contractor agrees to include all provisions of the Confidentiality Clause in all subcontracts, regardless of dollar amount of the subcontract, and to enforce the requirements thereof. This provision is intended to inure to the benefit of the CAC and its successors and assigns.

All subsections of this Confidentiality Clause shall survive termination of this Agreement with the Contractor for a period of ten (10) years, or for so long as the information remains confidential, whichever is longer and will inure to the benefit of the CAC and its successors and assigns.

15. Potential Subcontractors

Nothing contained in this Agreement or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of his responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the contractor.

The Contractor's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor. Contractor shall not subcontract any services under this Agreement without prior approval of the State.

16. Licenses and Permits

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

b) Contractor shall have a business license from the city/county in which you are headquartered is necessary, however, if you are a corporation, a copy of your incorporation documents/letter from the Secretary of State’s Office can be submitted.

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

d) Contractor must be registered with the Secretary of State of California.

e) In addition, for corporations and limited liability companies, state agencies are required to verify with the California Secretary of State (SOS) office to confirm the Contractor/vendor is authorized to carry out business in California. You may view the lists and status at https://www.sos.ca.gov/business-programs/business-entities/.

17. Nonprofit Organizations

For nonprofit Contractors, proof of your…