Sample_Contract.pdf

2. The term of this Agreement is:

Contractor’s Name Agreement Number 26-C0006

EXHIBIT A

STANDARD AGREEMENT

SCOPE OF WORK

1. The (Name of Contractor), hereinafter referred to as contractor agrees to provide the following services:

2. This Agreement will commence on the start date July 1, 2026 as presented herein or upon approval by the State, whichever is later and no work shall begin before that time.

This Agreement is of no effect unless approved by the State. Contractor shall not receive payment for work performed prior to approval of the Agreement and before receipt of notice to proceed by the Contract Manager. This Agreement shall expire on June 30, 2028. The services shall be provided during regular business hours, after hours, and on the weekends except holidays. The parties may amend this agreement as permitted by law.

3. All inquiries during the term of this Agreement will be directed to the project representatives listed below:

California Department of Pesticide Regulation (DPR) Contractor: TBD

Section/Unit: Section/Unit:

Contract Manager: Jessica White Project Manager:

Address: 1001 I Street Address:

Sacramento, CA 95814 Bus. Phone No.: (916) 445-3835 Bus. Phone No.:

Email: jessica.white@cdpr.ca.gov Email:

The project representatives during the term of this Agreement may be changed by mutual written agreement of the parties without the necessity of an amendment to the Agreement.

Contractor Responsibilities

• Provide moving services for DPR to designated areas throughout the state of California. Moving services may include the transporting and palletizing of conventional and free-standing furniture, equipment (office and other), archive boxes and records, as well as modular system furniture (MSF)

• Provide MSF installation services for Prison Industry Authority made MSF, Haworth

MSF, and All Steel MSF at designated areas throughout the state of California.

Installation services include cube assembly, reconfiguration, modifications (including adding or removing task lights, storage bins, laterals, or any MSF part that can be attached or removed), and dismantling.

mailto:jessica.white@cdpr.ca.gov

EXHIBIT A

STANDARD AGREEMENT

• Install, repair, and make adjustments to modular and conventional office furniture.

• Disassemble, relocate and reassemble modular and conventional furniture.

• Transport surplus items to the Department of General Services warehouse.

• Transport (and palletize as needed) items to designated areas throughout the state of California.

• Relocate office furniture and equipment, boxes, files, etc.

• Unbolt filing cabinets, bookcases, warehouse racks, and any fixtures that are attached to the walls or mounted on the ceiling or on the floor.

• Transport to the landfill all furniture or property that have been deemed to be beyond repairable and are approved by DGS for disposal.

• Furnish all necessary labor, materials and equipment to complete the job.

The services will be performed at DPR’s locations in Sacramento, Orange, and Fresno counties. The majority of the services will be done in Sacramento County.

DPR Locations

• Headquarters (HQ), 1001 I Street, Sacramento, CA 95814

• Bradshaw Regional Office (BRO), 3077 Fite Circle, Suite 100, Sacramento, CA 95827

• Southern Regional Office (SRO), 2 MacArthur Place, Suite 910, Santa Ana, CA 92707

• Central Regional Office (CRO), 395 West Spruce Street, Suite 103, Clovis, CA 93611

DPR Contacts

• DPR Contract Manager – Jessica White, 916/445-3835, Jessica.White@cdpr.ca.gov

• Bradshaw Regional Office Contact – Jessica White, 916/445-3835, Jessica.White@cdpr.ca.gov

• Southern Regional Office Contact – Epfinio Cabral III, 714/279-7692, Epfinio.Cabral.III@cdpr.ca.gov

• Central Regional Office Contact – Kathy Serrato, 559/297-5411, Kathy.Serrato@cdpr.ca.gov mailto:Jessica.White@cdpr.ca.gov mailto:Jessica.White@cdpr.ca.gov mailto:Epfinio.Cabral.III@cdpr.ca.gov mailto:Kathy.Serrato@cdpr.ca.gov

Hours Services will be performed during regular business hours, after hours, and on weekends.

Services will be provided on an as-needed basis, as determined by DPR. DPR will notify Contractor no less than 2 working days prior to the needed services.

The State of California observes the following holidays:

• New Year’s Day

• Martin Luther King Jr. Day

• Presidents Day

• Cesar Chavez’s Day

• Memorial Day

• Independence Day

• Labor Day

• Veterans Day

• Thanksgiving Day and the day after

• Christmas Day

Special Conditions of the Job or Work Site

DPR will notify Contractor at the time services are requested of any special conditions of the job or work site, such as stairs, elevators, parking, bonds, security issues, etc.

DPR’s Responsibilities

• Packing and unpacking contents of offices and modular systems workstations.

• Packing and unpacking contents of filing cabinets, bookcases, etc.

• Packing and unpacking contents of break rooms, kitchen areas and conference rooms.

• Attaching labels with new office/cube number to all furniture, fixtures and equipment scheduled to be moved, as well as identifying cubes/offices receiving boxes, furniture, and equipment.

• Developing common area layouts to include exact locations of all Information

Technology (IT) equipment, file cabinets, bookcases, map files etc. at the new location (as needed).

• Removing all valuables, breakables, and personal items including personal plants.

• Disconnecting/connecting of IT infrastructure to include servers, hubs, racks patch panels, etc. The Contractor shall be responsible for the transporting and unloading of IT infrastructure at new location.

Additional Information

• “Paid” time is from 8:00 a.m. to 5:00 p.m. This includes drive time from Sacramento to the designated site.

• Time at the designated site, until the job is complete, is “paid”. If the job requires overtime, an additional 2 hours of overtime will be granted. Paid time ends here.

• If a job requires time in addition to the time above, Contractor will make arrangements for an overnight stay for the crew. DPR will reimburse Contractor for subsistence costs as previously noted in this Exhibit.

• “Paid” time begins again at 8:00 a.m. on the next day. If the job on site is complete before 5:00 p.m., paid time will include the drive from the site to Sacramento, including any overtime needed for the return drive to Sacramento.

Direct all contract inquiries to:

Department Contact

DPR Contract Manager Jessica White, Analyst II Department of Pesticide Regulation Fiscal, Audits, and Business Services 1001 I Street, MS 4A Sacramento, CA 95814 Phone (916) 445-3835 Fax (916) 445-6845

EXHIBIT B

STANDARD AGREEMENT

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoicing

A. In no event shall the Contractor request reimbursement from the State for obligations entered into or for costs incurred prior to the commencement date or after the expiration of this Agreement.

B. For services satisfactorily rendered and approved by the Contract Manager and upon receipt and approval of the invoices, CDPR agrees to compensate Contractor for actual allowable costs incurred as specified herein and in accordance with the rates specified herein or attached hereto. Incomplete or disputed invoices shall be returned to Contractor, unpaid, for correction.

A. Invoices will include the Agreement Number #26-C0006. The Contractor shall submit 2 copies of each invoice and all supporting documentation, within 60 days of provision of service, in arrears, to:

California Department of Pesticide Regulation Accounts Payable Email: Accounts_Payable@cdpr.ca.gov

D. All invoices shall be itemized in accordance with the rates specified in Attachment 3 Bid Sheet in Invitation for Bid. All invoices shall contain the name of the Contractor, the Contractor’s address as specified on the first page of this Agreement (Std 213), the Agreement number 26-C0006, the date of the invoice, the Contractor’s invoice number, the invoice period, and a description of the services provided.

2. Budget Contingency Clause

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

B. This Agreement is valid and enforceable only if sufficient funds are made available to the State by the United States Government or the California State Legislature for the current year and/or any subsequent years covered under this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or any statute enacted by the Congress or the California State Legislature which may affect the provisions, terms or funding of this Agreement in any manner.

mailto:Accounts_Payable@cdpr.ca.gov

EXHIBIT B

C. If funding for any fiscal year is not appropriated, reduced or deleted by the United States Government or the California State Legislature for purposes of this program, DPR shall have the option to either cancel this Agreement with no liability occurring to DPR, or offer an Agreement Amendment to Contractor to reflect the reduced amount.

3. Payment

A. Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927-927.13.

B. Contractor will be reimbursed for direct costs, other than salary costs, that are identified in the Contractor’s rates.

C. Contractor will bill in arrears for costs incurred during the billing period. If applicable, salary costs will be itemized and billed by position classification.

Documentation supporting specific salary costs will be presented if requested by DPR. Non-wage costs will be billed, in summary, according to general expense categories. A detailed report of transactions will support the billing. Individual expenditures exceeding $500.00 will be supported by a photocopy of the original documentation. Documentation in support of expenditures less than $500.00 will be presented if requested by DPR.

D. Transportation and subsistence costs shall not exceed rates authorized to be paid non-represented state employees under current State Department of Personnel Administration rules. The rules can be viewed at:

http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx.

http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx

4. Rates

Attachment 3 – Bid Sheet will be included here upon contract award.

5. Cost Limitation

A. The total amount of this Agreement shall not exceed $ 249,999.99.

B. It is understood and agreed that this total is an estimate and that DPR will pay for only those services rendered as authorized by the DPR Contract Manager or their designee.

6. Excise Tax

The State of California is exempt from federal excise taxes, and no payment will be made for any taxes levied on employees' wages. The State will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales and use tax imposed by another state.

7. Prevailing Wage

No contractor performing hereunder shall pay any employee engaged in the moving and handling of goods being relocated under such contract less than the prevailing wage rate, except in geographical areas where no such employee wage standards and conditions are reasonably available. The term "prevailing wage rate" means the rate paid to a majority of workmen engaged in the particular craft, classification or type of work within the locality if a majority of such workmen be paid at a single rate; if there be no single rate being paid to a majority, then the rate being paid the greater number.

Upon written request, wage rates prevailing at a particular point in time will be furnished for information purposes only.

8. Inclusive Costs

The cost of employer payments to or on behalf of employees, subsistence, travel, compensation insurance premiums, unemployment contributions, social security taxes, Agreement bond premiums, and any other taxes or assessments INCLUDING SALES AND USE TAXES required by law or otherwise shall be included in the Agreement rates and no additional allowance will be made thereof, unless separate payment provision should specifically so provide.

9. Additional Information

“Paid” time is from 8:00 a.m. to 5:00 p.m. This includes driving time from Sacramento to the designated site.

Time at the designated site, until the job is complete, is “paid”. If the job requires overtime, an additional 2 hours of overtime will be granted. Paid time ends here.

10. Travel Allowance and Reimbursements

A. Each item of travel expense claimed in the amount of $25 or more must be substantiated by a receipt, except for the following:

1. Receipts for street car, ferry fares, bridges and road tolls, local rapid transit system, taxi, shuttle or hotel bus fares, and parking fees are not required for $10 or less for each continuous period of parking or each separate transportation expense noted in this item.

2. Receipts for telephone, telegraph, tax, or other business charges related to business of $5 or less are not required. However, claims for phone calls must also include the place and party called.

3. In the absence of a receipt, reimbursement will be limited to the non-receipted item above.

B. Meals, incidentals and lodging are to be listed individually on Travel Expense Claims rather than as a total daily allowance.

C. In those instances where receipts are not required as substantiation (i.e. expense is less than $25), travelers are responsible and should be advised (in the event that they are audited by the Internal Revenue Service) to retain sufficient documentation as proof that the amounts claimed do not exceed actual expenses.

Contractor Name

EXHIBIT D

STANDARD AGREEMENT

SPECIAL TERMS AND CONDITIONS

1. Termination

A. Either Party reserves the right to terminate this agreement without cause upon 30 days written notice to the other Party, or immediately in the event of a material breach. In the event of termination, Contractor shall be paid for all allowable costs incurred up to the date of termination and upon receipt of the final invoice.

B. In the event that the total Agreement amount is expended prior to the expiration date, DPR may, at its sole discretion, terminate this Agreement with 30 days notice to contractor.

2. Subcontracting

A. Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted.

3. Harassment Free Workplace

The Department of Pesticide Regulation (DPR) is committed to providing a safe, secure environment, free from sexual misconduct. It is the policy of the Department that employees have the right to work in an environment that is free from all forms of discrimination, including sexual harassment. This policy specifically speaks to freedom from a sexually harassing act that results in the creation of an intimidating, hostile or offensive work environment or that otherwise interferes with an individual's employment or work performance. As a Contractor with DPR, you and your staff are expected to comply with a standard of conduct that is respectful and courteous to DPR employees and all other persons contacted during the performance of this Agreement. Sexual harassment is unacceptable, will not be tolerated; and may be cause for prohibiting some or all of the Contractor’s staff from performing work under this Agreement.

3. Retention of Records/Audits A. For the purpose of determining compliance with Public Contract Code Section 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable, and other matters connected with the performance of the Agreement pursuant to Government Code Section 8546.7, the Contractor, subcontractors and the State shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The State, the State Auditor, FHWA, or any duly authorized representative of the Federal

Contractor Name

EXHIBIT D

government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the Contractor that are pertinent to the Agreement for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested.

4. State-Owned Data - Integrity and Security

A. Contractor shall comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media:

1. Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government-certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect DPR data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space.

Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules.

2. Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another.

3. Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only.

4. Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement.

5. Notify the Contract Manager immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data.

6. Advise the owner of the State-owned data, the agency Information Security Officer, and the agency Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data.

B. Contractor shall use the State-owned data only for State purposes under this

Agreement.

C. Contractor shall not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (SAM sec.5320.4).

EXHIBIT E

ADDITIONAL PROVISIONS

1. Ownership of Work Product and Rights A. The Contractor agrees that all work performed or furnished under this contract including, but not limited to, digital files, drawings, art work, illustrations, mechanicals, original photography and videography, logos, original exhibit and display designs, and duplication of audiovisual materials shall become the sole property of the State of California. Upon delivery by the Contractor, DPR shall become the sole owner of all materials or products provided under this agreement and shall be entitled to all rights of ownership including, but not limited to, unlimited use of such materials and products. The Contractor shall provide to DPR all electronic files supporting and final artwork (including fonts) upon completion of the project. The Contractor agrees to relinquish the right to copyright any material supplied or used in the agreement or assert any form of ownership.

B. Should the Contractor deliver a product encumbered by copyright or claim of ownership, the Contractor shall be considered in breach of the contract; the product deemed unfit for its intended purpose; and the State shall be under no obligation to pay for services rendered or expenses incurred by the Contractor in the performance of this agreement.

2. Equipment Purchases

A. Except as provided in Exhibit B, Contractor shall not use state funds allocated under the agreement to purchase equipment. As used in this paragraph, “equipment” means an article of nonexpendable, tangible personal property, including furniture, having a useful life of at least 1 year and a unit acquisition cost of at least $5,000.00.

6. Contractor Evaluation

The Contractor is hereby notified that its performance under this Agreement shall be evaluated within 30 calendar days following the Expiration of this Agreement. The evaluation may include statements on the adequacy of the service or the product, whether the service was satisfactory, whether the service or the product was provided or completed within the time limitations, reasons for time or cost overruns, whether the product is operational or being utilized by the State, and/or the State plans for implementation, and the State's general impression as to the competency of the Contractor and its staff. The evaluation shall be filed in the State’s official Contractor Evaluation File.

7. Insurance Requirements

A. Coverage needs to be in force for complete term of contract. If insurance expires during the term of the contract, a new certificate must be received by the State at

EXHIBIT E

least 10 days prior to the expiration of this insurance. This new insurance must still meet the terms of the original contract.

B. Insurance policies shall contain a provision that states that coverage will not be cancelled without 30 days prior written notice to the State.

C. Any insurance required to be carried shall be primary, and not excess, to any other insurance carried by the State.

D. Contractor shall maintain general liability with limits of not less than $1,000,000 per occurrence for bodily injury and property damage liability combined. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal & advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the contractor's limit of liability.

E. Contractor shall maintain motor vehicle liability with limits of not less than $1,000,000 per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired, and non-owned motor vehicles.

F. Contractor shall maintain statutory workers' compensation and employer's liability coverage for all its employees who will be engaged in the performance of the contract, including special coverage extensions where applicable. Employer's liability limits of $1,000,000 shall be required.

G. The policy must include the State of California, its officers, agents, employees and servants as additional insured’s, but only insofar as the operations under the contract are concerned.

H. Contractor shall provide proof of Commercial General Liability, Automobile Liability, Workers’ Compensation and Employer’s Liability, Motor Truck Cargo Legal Liability, and Bailee’s Legal Liability insurance before contract approval to DPR.