SD15-00026_Leadership_Training_IFB.pdf

STATE OF CALIFORNIA

J. Clark Kelso, Receiver

INVITATION FOR BID

Notice to Prospective Bidders

March 25, 2016

The California Department of Corrections and Rehabilitation, Correctional Health Care Services (CCHCS) is soliciting for service under the authority of California Public Contract Code section 10340(a). You are invited to review and respond to this Invitation for Bid (IFB), entitled SD15-00026: Leadership Training. In submitting your bid, you must comply with all of these instructions.

Note that all contracts entered into with CCHCS (also referred to as State of California and/or State), will include by reference General Terms and Conditions (GTC 610), which may be viewed and downloaded at http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx. If you do not have Internet access a hard copy can be provided by contacting the person listed below.

In the opinion of CCHCS, this Invitation for Bid is complete and without need of explanation. However, if you have any questions regarding this IFB, please contact the CCHCS assigned Contract Analyst shown below. Please reference the Solicitation Number indicated above in all correspondence.

California Correctional Health Care Services Attn: Allison Davidson, Contract Analyst

P.O. Box 588500, Building D Elk Grove, CA 95758-8500 Phone #: (916) 691-3496 Fax #: (916) 691- 3491

E-mail address: Allison.Davidson@cdcr.ca.gov

Please note that no verbal information given will be binding upon CCHCS unless such information is issued in writing as an official addendum.

California Correctional Health Care Services SD15-00026

Table of Contents

Section Page

I. General Information 3

II. Review of Offers 9

III. Exhibits

Exhibit A – Scope of Work 12 Exhibit B – Budget Detail and Payment Provisions 14 Exhibit C – General Terms and Conditions (GTC 610) http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx Exhibit D – Special Terms and Conditions - Institutions 18 Exhibit E – Insurance Requirements 26

IV. Required Attachments

Attachment 1 – Checklist 28 Attachment 2 – Cost Sheet 29 Attachment 3 – Bid/Bidder Certification 30 Attachment 4 – Bidder References 32 Attachment 5 – Bidder Declaration 33 Attachment 6 – Digest of Laws 34 Attachment 7 – Non-Disclosure Agreement 36 Attachment 8 – Darfur Contracting Act Certification 37 Attachment 9 – Payee Data Record, STD 204 39 Attachment 10 – Contractor Certification Clauses, CCC 307 40 Attachment 11 – Statement of Economic Interests, Form 700 44 Attachment 12 – Security Awareness Understanding and

Accountability Form 45

I. General Information

A. Background and Purpose of the IFB

The mission of California Correctional Health Care Services (CCHCS) is to raise the level of medical care delivered to adult patient-inmates incarcerated in California prisons to constitutional standards. Acting on the authority of the federal court, CCHCS will make the structural, clinical, budgetary and organizational changes necessary to create a safe and secure clinical environment in which custody and medical staff together can guarantee that quality of and access to care in California's adult prisons is constitutionally adequate.

The Contractor will provide California Correctional Health Care Services (CCHCS) with two-day Leadership Challenge Workshop to train attendees how to identify leadership strengths, communicate values to build collaboration and teamwork, and to apply the lessons learned in the organization.

B. Assumptions and Constraints

1. The Contractor shall be compensated per Attachment 2 - Cost

Sheet.

2. No overtime pay will be authorized for the Contractor’s performance under this Agreement.

3. The Contractor shall ensure availability of staff to perform the requirements of the ensuing Agreement at all times.

4. The work location will be at the locations designated by CCHCS.

5. Any modifications to the Statement of Work (SOW) will be mutually agreed upon by the Contractor and CCHCS and shall require a formal amendment processed by Acquisitions Management Section.

6. The Contractor must submit, no later than five (5) days in advance, a resume of all personnel substitutions. All Contractor personnel substitutions must meet all criteria and be approved through a formal amendment. Services not specified in the SOW may only be performed pursuant to formal amendment agreed upon and signed by both parties.

7. CCHCS, in its sole discretion, reserves the right to require the Contractor to substitute personnel, reduce or cancel a consultant’s performance of services at any time.

8. CCHCS reserves the right to renegotiate services deemed necessary according to State priorities. CCHCS and the Contractor shall mutually agree to all changes; and renegotiated services outside the scope of original contract shall require a formal amendment prior to commencement of work.

9. CCHCS and the Contractor are mutually obligated to keep open channels of communications to ensure successful performance of the ensuing Agreement. Both parties are responsible for communicating any potential problem(s) or issue(s) to CCHCS’ designee, and the Contractor, respectively, within one (1) business day of becoming aware of said problem(s).

10. The Contractor certifies that it has appropriate systems and controls in place to ensure that State funds will not be used in performance of this Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws.

C. CCHCS Roles and Responsibilities

1. CCHCS will provide necessary accommodations at CCHCS designated locations. Accommodations may include a desk, telephone, computer hardware, and software necessary for performance of the work.

2. CCHCS will not provide consultant(s) with smart phones, cell phones, etc.

3. CCHCS will be responsible to monitor and review services as invoiced.

4. CCHCS will help resolve and escalate issues within the organization, as necessary.

5. CCHCS may provide the Contractor access to applicable files, reports, contracts, documents, and other relevant information.

6. CCHCS will provide staff availability for consultation meetings.

7. Provision of clerical or other support services is strictly at the option of CCHCS. The Contractor should assume that CCHCS will not provide any assistance of a clerical nature for documents or telephone support.

D. Contractor Roles and Responsibilities

1. Be responsible for completing tasks/activities in the agreed upon timeframe including a weekly status report.

2. Be responsible for completing tasks/activities in the agreed upon timeframe including a monthly status report, which describes current project status, tasks/activities produced during the previous month, and any issues or risks identified during the reporting period.

3. Provide a final status report in the agreed upon timeframe summarizing monthly activities.

4. Work with CCHCS’ Staff Development Unit (SDU) Program Manager and/or designee(s) to ensure that any issue(s) are addressed.

5. Participate in information gathering meetings, fact-finding meetings, working sessions, status reporting (both written and verbal), presentations, and general communication(s) to ensure success of consultant activity performance.

6. Comply with all applicable State and Agency policies and procedures.

7. Agree to abide by the Digest of Laws Related to Association with Prison Inmates.

8. Participate in Security Awareness Training provided by SDU and complete the Security Awareness Understanding and Accountability (SAUA) Form prior to performing any work for

CCHCS.

9. Prior to termination of the Agreement, the Contractor shall return all CCHCS property, including security badges, computer laptop, work products, etc.

E. Key Dates

All key dates and time are based on contract document approvals and issuance of the California State Standard Agreement for these services. The actual initiation and completion dates of this scope of work will be set at the time the California State Standard Agreement is issued. The time is Pacific Standard Time.

Event Date and Time 1

1. IFB Available to Prospective Bidders

March 25, 2016

2. Final date for Q&A Submission

April 1, 2016, 3:00 PM

3. Q&A Responses Issued April 6, 2016

4. Final Date for Bid Submission2 April 13, 2016, 3:00 PM

5. Bid Opening April 14, 2016

6. Notice of Intent to Award April 18, 2016

7. Proposed Award Date April 29, 2016 or Upon Approval

F. Submission of Bid

The bid package, consisting of one (1) original and one (1) copy of the complete bid package must be submitted under sealed cover and sent to CCHCS by dates and times shown in Section E. Key Dates. The sealed cover must be plainly marked with the IFB number and title; it must show your firm name and address, and must be marked with "DO NOT OPEN". For example:

1Key dates and times are estimates. Actual initiation of services as well as completion dates are proportionate with formal approval of Contract (STD 213) and supporting documents.

2 Bid must be received by CCHCS by this date and time.

(CCHCS)

IFB # SD15-00026

Attention: Allison Davidson, Contract Analyst PO Box 588500, Building D Elk Grove, CA 95758-8500

DO NOT OPEN

Bids not submitted under sealed cover may be rejected. Bid shall include the documents identified in Section IV, Required Attachments. Bids submitted without the required attachments may be deemed non-responsive.

All documents requiring a signature must bear an original signature of a person authorized to bind the Bidder. Bids submitted without authorized signatures on all forms requiring signature may be rejected.

Bid must be delivered to CCHCS (not postmarked) by the final date for bid submission (date and time) as shown in Section E. Key Dates.

Electronic bids will not be accepted.

For U.S Postal Service Deliveries, mail to:

For Hand Deliveries (Via UPS, Federal Express, other courier or personal drop off), deliver to:

California Correctional Health Care Services (CCHCS) Attn: Allison Davidson P.O. Box 588500, Building D

California Correctional Health Care Services (CCHCS) Attn: Allison Davidson 8280 Longleaf Drive, Building D Elk Grove, CA 95758

Note: It is the sole responsibility of Bidder to contact the Contract Analyst listed above to verify receipt of their bid.

Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and bid will be rejected. A bid can be rejected if it is conditional or incomplete or if it contains any alterations of form or irregularities of any kind. CCHCS and/or the State of California may reject any or all bids and may waive an immaterial deviation in a bid.

CCHCS and/or the State of California’s waiver of an immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the contract.

Costs incurred for developing bids and in anticipation of award of the Contract are entirely the responsibility of Bidder and shall not be charged to CCHCS or the State of California.

An individual who is authorized to bind Bidder contractually shall sign the Bid/Bidder Certification, Attachment 3. The title or position of the signatory should also be provided. An unsigned bid may be rejected.

Prior to the IFB submission deadline, bidder may withdraw or modify their bid by submitting a written request to the CCHCS contact shown on the first page of this IFB.

Request must be signed by the bidder or their authorized agent.

Once the bid has been returned to the bidder, if they so desire, a new/modified bid may be submitted. The new/modified bid must be received by CCHCS no later than the IFB submission deadline as indicated in Section E. Key Dates.

Bid modifications offered in any other manner, oral or written, will not be considered.

Bids may not be withdrawn without cause subsequent to IFB submission deadline.

Bid must include copies of current Insurance Certifications (Automobile, General Liability, and Worker’s Compensation).

CCHCS may modify the IFB prior to the bid submission deadline by issuing an IFB addendum; this addendum will be sent to all parties that responded to the initial IFB.

CCHCS reserves the right to reject all bids. CCHCS is not required to award a contract.

Bidders should review their bids before submitting their response to this solicitation; correct all errors and confirm compliance with all the IFB requirements.

Where applicable, bidder should carefully examine work sites and specifications. Bidder shall investigate conditions, character and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to contract amount will be made due to lack of careful examination of work sites and specifications.

CCHCS does not accept alternate contract language from any Bidder.

A bid with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC 610), herein referred to as Exhibit C, are not negotiable.

No oral understanding or agreement shall be binding on either party to this contract.

No email communications shall be binding on any party.

G. Bidder Minimum Qualifications

The Contractor must provide the documentation and certifications to demonstrate all Bidder Minimum Qualifications have been met.

All trainer(s) shall be Leadership Challenge Certified Master Facilitators and Certified Leadership Practices Inventory (LPI) Coaches. Full trainer biography and proof of trainer(s) certification is required.

All trainer(s) shall have experience training in a correctional and/or medical environment.

All trainer(s) shall have a least five (5) years of experience delivering The Leadership Challenge® Workshop.

The bidder shall be licensed to do business in California.

II. Review of Offers

A. Award

1. At the time of bid opening, each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.

2. The State will evaluate each bid to determine its responsiveness to the published requirements

3. Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, or are incomplete may be rejected.

4. Award, if made, will be to the lowest responsive bidder. In the event of a tie in the lowest bid amount, a tiebreaker will be decided by a coin toss observed by witnesses and documented. Affected bidders will be invited to witness the coin toss.

5. Under this IFB process if contract is to be awarded to other than the lowest bidder, the low Bidder shall be notified by telegram, electronic facsimile transmission, overnight courier, or personal delivery five (5) working days prior to the award of contract.

6. Notice of the proposed award shall be posted in a public place at

CCHCS at least five (5) working days prior to contract award.

7. If Bidder prior to contract award wishes to file a protest on the grounds that they (protesting bidder) are the lowest responsive responsible bidder, it must be made in writing to:

Department of General Services Office of Legal Services 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605

A copy of the protest must also be sent to:

(CCHCS)

IFB # SD15-00026

Attention: Allison Davidson, Contract Analyst PO Box 588500, Building D

The protest must include a statement that Bidder believes they are the lowest responsive responsible bidder and are therefore protesting contract award to another bidder.

Within five (5) days after filing the initial protest, the protesting bidder must file a detailed written statement specifying the grounds for the protest with the Department of General Services, Office of Legal Services and with CCHCS at the addresses provided in paragraph C above. It is suggested that you submit any protest by certified or registered mail.

Upon resolution of the protest and award of the agreement, Contractor must complete and submit to the awarding agency the Payee Data Record (STD 204), to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. This form can be found on the Internet at http://www.dgs.ca.gov/dgs/ProgramsServices/Forms/FMC/search/resul tsNumber.aspx?number=204 under the heading FORMS MANAGEMENT CENTER. No Payment shall be made unless a completed STD 204 has been returned to the awarding agency.

Upon resolution of the protest and award of the agreement, Contractor must sign and submit to the awarding agency, page one (1) of the Contractor Certification Clauses (CCC), which can be found in Attachment 10 of this IFB. This document is only required if the bidder has not submitted this form to the awarding agency within the last three (3) years.

B. Disposition of Bids

Upon bid opening, all documents submitted in response to this IFB become the property of CCHCS and the State of California and are regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.), and are subject to review by the public.

Bid packages may be returned only at Bidder's expense, unless such expense is waived by CCHCS and/or the State.

C. Contract Execution and Performance

Performance shall start not later than the express date set by CCHCS and Contractor, after all approvals have been obtained and contract is fully executed. Should Contractor fail to commence work at the agreed upon time CCHCS reserves the right to terminate contract upon five (5) days written notice to Contractor. Additionally, Contractor shall be liable to CCHCS for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another contractor.

All performance under contract shall be completed on or before contract termination date as stated in contract.

D. Preference Programs

All information for the following preference programs can be found on Department of General Services Procurement Division website:

www.dgs.ca.gov/pd/Home.aspx

E. Small Business Preference

Section 14835 et seq. of the California Government Code requires that a 5% preference be given to bidders who qualify as a small business or bidders who qualify as a non-small business claiming at least 25% California certified small business subcontractor participation. The rules and regulations of this law, including the definition of a small business, or qualifying non-small business, are contained in Title 2, California Code of Regulations, Section 1896 et seq. The definition of nonprofit veteran service agencies qualifying as a small business is contained in Section 999.50 et seq. of the Military and Veterans Code.

F. Disabled Veteran Business Enterprise (DVBE) Incentive

In accordance with Section 999.5(a) of the Military and Veterans Code an incentive will be given to bidders who provide DVBE participation.

For evaluation purposes only, CCHCS shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration GSPD-05-105 and confirmed by CCHCS. The incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation. The following percentages will apply for awards based on low price.

Confirmed DVBE Participation of: DVBE Incentive

5% or Over 5% 4% to 4.99% Inclusive 4% 3% to 3.99% Inclusive 3% 2% to 2.99% Inclusive 2% 1% to 1.99% Inclusive 1%

III. Exhibits

EXHIBIT A – Scope of Work

Contractor will provide California Correctional Health Care Services (CCHCS) with twenty (20), two-day Leadership Challenge® workshops, including but not limited to the following:

Course descriptions and a general course outline for each session

Delivery Methodology Support Materials as outlined below

Workshop Description: This 2-day workshop shall be designed to give participants an in depth understanding of the Five Practices of Exemplary Leaders and help them take specific steps to become better leaders based on the results of their 360 degree, The Leadership Practices Inventory assessment, and in-class discussion and activities.

Course Objectives: As a result of participating in The Leadership Challenge® Workshop, attendees will be able to:

Identify their leadership strengths and opportunities for growth.

Clarify and communicate their fundamental values and beliefs.

Set the example for others by aligning their actions and shared values.

Express an image of the future.

Inspire others to share a common vision.

Search for opportunities to change and improve individually as well as organizationally.

Experiment with innovative ideas and learn from accompanying mistakes.

Build collaboration, teamwork and trust.

Recognize the accomplishments of others.

Apply the lessons learned in the workshop to a current organizational challenge.

Delivery Methodology: The course shall be led by a Leadership Challenge Certified Master Facilitator and Certified Leadership Practices Inventory Coach, and is highly interactive with lecture-style teaching, demonstrations, experiences, role-playing with the entire group and small-group breakout sessions where participants practice with each other supported by the coaching of the instructor. Support materials shall be provided for each participant attending the sessions.

Length of Course: 2 Days

Support Materials:

Leadership Practices Inventory 360 online Assessment Participant Workbook

The Leadership Challenge Fifth Edition Book Value Cards Leadership Challenge Reminder Card Other materials as required by customization

The Contractor shall have a secure, web-based or email-based collection portal driven system for the electronic collection of the LPI 360 Assessments. The collection portal shall ensure the following:

Assessments are collected in a secure and confidential manner

Assessment responses are accurately recorded Scoring is automated Feedback reports can be produced immediately and are accessible from any web-enabled computer.

The Contractor shall furnish all support materials, labor, including travel and per diem, materials, non-consumable supplies, transportation, equipment and every other item of expense necessary to perform services.

The services shall be provided at the following locations as determined by CCHCS:

Elk Grove/Sacramento, CA (10 Sessions) North Central Region, CA (3 Sessions) South Central Region, CA (4 Sessions) Southern Region, CA (3 Sessions)

Services shall be provided during normal business hours, Monday through Friday, except State holidays. Locations of services and dates will be determined solely by CCHCS.

A. Term:

The term of this Contract is April 29, 2016, or upon approval through April 27, 2018.

Exhibit B – Budget Detail and Payment Provisions

I. Invoicing and Payment

A. Upon the completion of each session satisfactorily delivered and upon receipt and approval of invoices, CCHCS agrees to compensate Contractor for actual expenditures incurred in accordance with rates listed in Attachment 2, Cost Sheet, no more than monthly, attached hereto and made a part of this Contract.

B. Invoices shall include the Contract Number, sufficient scope and detail to define the actual work performed [such as: specific milestones completed, including a description of the activities of the Contractor and Subcontractor(s), the hours allocated to those activities, the locations where work was performed, the expenses claimed, any required reports, etc.], and shall be submitted in arrears, no more than monthly.

C. Invoices shall be submitted to:

California Department of Corrections and Rehabilitation (CDCR) Sacramento Accounting Office Attention: Accounts Payable A

PO Box 187015 Elk Grove, CA 95758-7015

D. OPTIONAL clause:

[] If checked, this Section null and void and not a part of this Contract

Contractor has the option to submit invoices electronically to the appropriate email address listed below. Contractor must use the name on the Contract and the Contract number on the subject line of the email. The email must include an attached PDF file of the invoices in accordance with the information above and must reference the institution acronym and the invoice number.

II. Budget Contingency Clause

This contract is valid and enforceable only if sufficient funds are made available in the State of California Governor’s Budget (by Budget Act of the appropriate fiscal year) for the purposes of this Contract. In addition, this Contract is subject to any additional restriction, limitations or conditions enacted by the Legislature, which may affect the provisions, terms, or funding of this Contract in any manner. Services rendered under this Contract will be paid out of the funding for the fiscal year in which the services are rendered.

It is mutually agreed that if the Budget Act of the current fiscal year and/or any subsequent years covered under this Contract does not appropriate sufficient funds for the program, CCHCS shall have the option to either:

Cancel this Contract with no liability occurring to either CCHCS or the State to pay any funds whatsoever to Contractor or to furnish any other considerations under this Contract. Contractor shall not be obligated to perform any provisions of this Contract; or

Offer a Contract amendment to Contractor to reflect the reduced amount available under this Contract.

III. 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.

IV. Travel Reimbursement

Pursuant to the terms established in this Contract, travel reimbursement may not exceed the rates, terms, and conditions that apply to comparable State employees in accordance with travel rules and regulations, as specified in California Code of Regulations, Title 2, Division 1, Chapter 3, specifically Sections 599.619 through 599.631, and/or regulations of the California Department of Personnel Administration (DPA).

V. CAL-Card Payments

A. Upon receipt of an itemized invoice, in arrears, stating the goods/services provided, time period covered, detailed costs and the contract number; the CCHCS Contract Manager will notify Contractor of payment authorization. Contractor will then execute a CAL-Card payment transaction using the specific CAL-Card information provided by CCHCS.

B. Contractor will provide the CCHCS Contract Manager a copy of the itemized, transaction receipt showing payment was received, the invoice, the contract number and the CAL-Card card verification number charged.

VI. Employee Benefits and Wage Reporting Requirements

Contract

A. Government Code Section 19134 requires all contracts for janitorial, housekeeping services, custodians, food service workers, laundry workers, window cleaners, and security guards (“covered services”) include provisions for employee wages to be no less than 85% of the value of wages and benefits provided to State employees performing similar duties.

Contractor must pay their employees performing on this contract no less than the following:

Hourly Rate: ______ Blended Benefit Rate: ______

B. This requirement is also applicable to subcontractors providing these services in state-leased facilities where the facility is at least 50,000 square feet in area and the state leases all of the occupied floor space of the facility.

VII. Progress Payments and Reports

A. Progress Payments

A progress payment is a partial payment for a completed portion or segment of the contract. Progress payments are allowed for services performed under this contract; however, not less than 10% of the total contract amount shall be withheld pending final completion of the contract.

Contractor is to submit invoices, along with any/all progress reports, no more frequently than monthly to CCHCS and will be paid in arrears.

Upon approval by CCHCS, CCHCS will withhold 10% of each invoice prior to processing invoices for payment. Upon completion of the whole contract, receipt and acceptance by CCHCS of any final reports required, the 10% withholding will be paid to Contractor. Contractor must submit a final invoice showing the amounts invoiced, amounts paid by CCHCS, and amounts withheld, which are now due with the completion of the Contract.

1. Progress payments are not allowed on contracts of three (3) months or less.

2. Progress payments will not be made more frequently than monthly and will be paid in arrears.

3. Progress payments will not be made in advance of services rendered.

B. Progress Reports

Contractor shall submit progress reports to CCHCS as required, describing work performed, work status, work progress, difficulties encountered, remedial action, and statement of anticipated activity subsequent to the reporting period for approval, prior to payment of invoices. Contractor will be reimbursed by submitting invoices in accordance with Budget Detail and Payment Provisions, attached hereto and made a part of this IFB.

Exhibit D – Special Terms and Conditions - Institutions

Provider shall adhere to California Division of Occupational Safety and Health (CAL-OSHA) regulations and guidelines pertaining to blood borne pathogens.

1. CLOTHING RESTRICTIONS

While on institution grounds, contractor and all its agents, employees, and/or representatives shall be professionally and appropriately dressed in clothing distinct from that worn by inmates at the institution. Specifically, blue denim pants and blue chambray shirts, orange/red/yellow/white/chartreuse jumpsuits and/or yellow rainwear shall not be worn onto institution grounds, as this is inmate attire.

The contractor should contact the institution regarding clothing restrictions prior to requiring access to the institution to assure the contractor and their employees are in compliance.

2. DIGEST OF LAWS

If the requirements of the Agreement require the contractor to enter an Institution, the contractor shall sign the "Digest of Laws related to Association with Inmates", incorporated herein by reference, and ensure that all his/her employees are aware of and abide by these rules. Employees of the Contractor, while upon State grounds, are subject to the search of their person, property, and vehicle (Section 3288 of the CDC Director's Rules).

3. DISCLOSURE

Neither the State nor any State employee will be liable to the contractor or its staff for injuries inflicted by inmates or parolees of the State. The State agrees to disclose to the contractor any statement(s) known to State staff made by any inmate or parolee which indicate violence may result in any specific situation, and the same responsibility will be shared by the contractor in disclosing such statement(s) to the State.

4. EMPLOYMENT OF EX-OFFENDERS

Contractor cannot be and will not either directly, or on a sub-contract basis, employ in connection with this Agreement:

Ex-Offenders on active parole or probation;

o Ex-Offenders at any time if they are required to register as a sex offender pursuant to Penal Code Section 290 or if such ex-offender has an offense history involving a "violent felony" as defined in subparagraph (c) of Penal Code Section 667.5; or o Any ex-felon in a position which provides direct supervision of parolees.

Ex-Offenders who can provide written evidence of having satisfactorily completed parole or probation may be considered for employment by the contractor subject to the following limitations:

o Contractor shall obtain the prior written approval to employ any such ex-offender from the Authorized Administrator; and Such ex-offender whose assigned duties are to involve administrative or policy decision making, accounting, procurement, cashiering, auditing, or any other business- related administrative function shall be fully bonded to cover any potential loss to the State or contractor.

5. 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.

6. FINGERPRINTING

The contractor and any employees of the contractor may be subject to fingerprinting and clearance by the State through the Department of Justice, Bureau of Criminal Identification and Information.

8. FORCE MAJEURE

Neither party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or failures of performance constitute default, if such delay or failure is caused by “Force Majeure.” As used in this section, “Force Majeure” is defined as follows: Acts of war and acts of God such as earthquakes, floods, and other natural disasters such that performance is impossible.

9. GATE CLEARANCE

Contractor and contractor’s employee(s) and/or subcontractor(s) must be cleared prior to providing services. The contractor will be required to complete a Request for Gate Clearance for all persons entering the facility a minimum of ten (10) working days prior to commencement of service. The Request for Gate Clearance must include the person’s name, social security number, valid state driver’s license number or state identification card number and date of birth.

Information shall be submitted to the Contract Liaison or his/her designee.

CDCR uses the Request for Gate Clearance to run a California Law Enforcement Telecommunications System (CLETS) check. The check will include Department of Motor Vehicles check, Wants and Warrants check, and Criminal History check.

Gate clearance may be denied for the following reasons: Individual’s presence in the institution presents a serious threat to security, individual has been charged with a serious crime committed on institution property, inadequate information is available to establish positive identity of prospective individual, and/or individual has deliberately falsified his/her identity.

All persons entering the facilities must have a valid state driver’s license or photo identification card on their person.

10. INSPECTION OF SERVICES

Services performed by Contractor under this Agreement shall be subject to inspection by the CCHCS at any and all times during the performance thereof.

If the CCHCS official conducting the inspection determines that the services performed by Contractor (and/or materials furnished in connection therewith) are not in accordance with the specification, CCHCS may, at its option, have the work performed by an alternate provider, charging the Contractor with any excess cost occasioned thereby.

11. LIABILITY FOR LOSS AND DAMAGES

Any damages by the contractor to the State's facility including equipment, furniture, materials or other State property will be repaired or replaced by the contractor to the satisfaction of the State at no cost to the State. The State may, at its option, repair any such damage and deduct the cost thereof from any sum due contractor under this Agreement.

12. LIABILITY FOR NONCONFORMING WORK

The contractor will be fully responsible for ensuring that the completed work conforms to the agreed upon terms. If nonconformity is discovered prior to the contractor's deadline, the contractor will be given a reasonable opportunity to cure the nonconformity. If the nonconformity is discovered after the deadline for the completion of the project, CDC, in its sole discretion, may use any reasonable means to cure the nonconformity. The contractor shall be responsible for reimbursing CDC for any additional expenses incurred to cure such defects.

13. LICENSE AND PERMITS

The Contractor shall be an individual or firm licensed to do business in California 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 contract.

A. 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/letter 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 CCHCS a copy of your business license or incorporation papers for your respective State showing that your company is in good standing in that state.

B. In the event, any license(s) and/or permit(s) expire at any time during the term of this contract; Contractor agrees to provide CCHCS with 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 contract upon occurrence of such event.

14. PRIMARY LAWS, RULES, AND REGULATIONS REGARDING

CONDUCT AND ASSOCIATION WITH STATE PRISON INMATES (from CDCR 181 Rev 5/98)

Individuals who are not employees of the California Department of Corrections and Rehabilitation (CDCR), but who are working in and around inmates who are incarcerated within California’s institutions/facilities or camps, are to be apprised of the laws, rules and regulations governing conduct in associating with prison inmates. The following is a summation of pertinent information when non-departmental employees come in contact with prison inmates.

(The following paragraph is not in the CDCR 181) By signing this contract, the Contractor agrees that if the provisions of the contract require the Contractor to enter an institution/facility or camp, the Contractor and any employee(s) and/or subcontractor(s) shall be made aware of and shall abide by the following laws, rules and regulations governing conduct in associating with prison inmates:

A. Persons who are not employed by CDCR, but are engaged in work at any institution/facility or camp must observe and abide by all laws, rules and regulations governing the conduct of their behavior in associating with prison inmates. Failure to comply with these guidelines may lead to expulsion from CDCR institutions/facilities or camps.

SOURCE: California Penal Code (PC) Sections 5054 and 5058;

California Code of Regulations (CCR), Title 15, Sections 3285 and 3415.

B. CDCR does not recognize hostages for bargaining purposes. CDCR has a “NO HOSTAGE” policy and all prison inmates, visitors, and employees shall be made aware of this.

SOURCE: PC Sections 5054 and 5058; CCR, Title 15, Section 3304.

C. All persons entering onto institution/facility or camp grounds consent to search of their person, property or vehicle at any time. Refusal by individuals to submit to a search of their person, property, or vehicle may be cause for denial of access to the premises.

SOURCE: PC Sections 2601, 5054 and 5058; CCR, Title 15, Sections 3173, 3177, and 3288.

D. Persons normally permitted to enter an institution/facility or camp may be barred, for cause, by the CDCR Director, Warden, and/or Regional Parole Administrator.

SOURCE: PC Sections 5054 and 5058; CCR, Title 15, Section 3176(a)

E. It is illegal for an individual who has been previously convicted of a felony offense to enter into CDCR institutions/facilities or camps without the prior approval of the Warden. It is also illegal for an individual to enter onto these premises for unauthorized purposes or to refuse to leave said premises when requested to do so. Failure to comply with this provision could lead to prosecution.

SOURCE: PC Sections 602, 4570.5 and 4571; CCR, Title 15, Sections 3173 and 3289.

F. Encouraging and/or assisting prison inmates to escape is a crime. It is illegal to bring firearms, deadly weapons, explosives, tear gas, drugs or drug paraphernalia on CDCR institutions/facilities or camp premises. It is illegal to give prison inmates firearms, explosives, alcoholic beverages, narcotics, or any drug or drug paraphernalia, including cocaine or marijuana.

SOURCE: PC Sections 2772, 2790, 4533, 4535, 4550, 4573, 4573.5,

4573.6 and 4574.

G. It is illegal to give or take letters from inmates without the authorization of the Warden. It is also illegal to give or receive any type of gift and/or gratuities from prison inmates.

SOURCE: PC Sections 2540, 2541 and 4570; CCR, Title 15, Sections 3010, 3399, 3401, 3424 and 3425.

H. In an emergency situation the visiting program and other program activities may be suspended.

SOURCE: PC Section 2601; CCR, Title 15, Section 3383.

I. For security reasons, visitors must not wear clothing that in any way resembles state issued prison inmate clothing (blue denim shirts, blue denim pants).

SOURCE: CCR, Title 15, Section 3171(b)(3).

J. Interviews with SPECIFIC INMATES are not permitted. Conspiring with an inmate to circumvent policy and/or regulations constitutes a rule violation that may result in appropriate legal action.

SOURCE: CCR, Title 15, Sections 3261.5, 3315 (3) (W), and 3177.

15. RIGHT TO TERMINATE (SCM 7.85)

A. The State reserves the right to terminate this Agreement subject to thirty

(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.

B. However, the Agreement can be immediately terminated for cause. (Refer to GTC, Exhibit C, Item 7. Termination for Cause)

C. 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, or in the event the Contractor is unable to render service as a result of any action by any governmental authority.

16. SECURITY CLEARANCE

The State reserves the right to conduct a background check on the contractor and/or the contractor's personnel as the State deems necessary prior to award or during the term of the Agreement. The State further reserves the right to terminate the Agreement should a threat to security be determined.

17. SECURITY REGULATIONS

A. UNLESS otherwise directed by the entrance gate officer and/or Contract Manager, the contractor, contractor’s employees and subcontractors shall enter the institution through the main entrance gate and park private and nonessential vehicles in the designated visitor’s parking lot. Contractor, contractor’s employees and subcontractors shall remove the keys from the ignition when outside the vehicle and all unattended vehicles shall be locked and secured while on institution grounds.

B. Any State- and contractor-owned equipment used by the contractor for the provision of contract services, shall be rendered temporarily inoperative by the Contractor when not in use, by locking or other means unless specified otherwise.

C. In order to maintain institution safety and security, periodic fire prevention inspections and site searches may become necessary and contractor must furnish keys to institutional authorities to access all locked areas on the worksite. The State shall in no way be responsible for contractor’s loss due to fire.

D. Due to security procedures, the contractor, contractor’s employees and subcontractors may be delayed at the institution vehicle/pedestrian gates and sally ports. Any loss of time checking in and out of the institution gates and sally ports shall be borne by the contractor.

E. Contractor, contractor’s employees and subcontractors shall observe all security rules and regulations and comply with all instructions given by institutional authorities.

F. Electronic and communicative devices such as pagers, cell phones and cameras/microcameras are not permitted on institution grounds.

G. Contractor, contractor’s employees and subcontractors shall not cause undue interference with the operations of the institution.

H. No picketing is allowed on State property.

18. TEMPORARY NONPERFORMANCE

If, because of mechanical failure or for any other reason, the contractor shall be temporarily unable to perform the work as required, the State, during the period of the contractor's inability to perform, reserves the right to accomplish the work by other means and shall be reimbursed by the contractor for any additional costs above the Agreement price. person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the contractor in the performance of this Agreement.

19. SETTLEMENT OF DISPUTES

In the event of a dispute, Contractor shall file a "Notice of Dispute" with the California Correctional Health Care Services (CCHCS) representative within ten

(10) days of discovery of the problem. Within ten (10) days, CCHCS representative shall meet with the Contractor representative for purposes of resolving the dispute. The decision of CCHCS shall be final.

In the event of a dispute, the language contained within this Agreement shall prevail over any other language including that of the bid proposal

20. TOBACCO-FREE ENVIRONMENT

Pursuant to Penal Code Section 5030.1, the use of tobacco products by any person on the grounds of any institution or facility under the jurisdiction of the Department of Corrections and Rehabilitation is prohibited.

21. TUBERCULOSIS (TB) TESTING (revised 01/05)

In the event that the services required under this Agreement will be performed within a CDCR institution/parole office/community based program, prior to the performance of contracted duties, contractors and their employees who are assigned to work with inmates/parolees on a regular basis shall be required to be examined or tested or medically evaluated for TB in an infectious or contagious stage, and at least once a year thereafter or more often as directed by CDCR.

Regular basis is defined as having contact with inmates/parolees in confined quarters more than once a week.

Contractors and their employees shall be required to furnish to CDCR, at no cost to CDCR, a form CDCR 7336, “Employee Tuberculin Skin Test (TST) and Evaluation,” prior to assuming their contracted duties and annually thereafter, showing that the contractor and their employees have been examined and found free of TB in an infectious stage. The form CDCR 7336 will be provided by CDCR upon contractor’s request.

Exhibit E – Insurance Requirements

A. When Contractor submits a signed contract to the State, Contractor shall furnish to the State a certificate of insurance, stating that there is commercial general liability insurance presently in effect for the Contractor of not less than $1,000,000.00 per occurrence for bodily injury and property damage liability combined.

B. The certificate of insurance will include provisions below in their entirety:

1) Contractor is responsible to notify the State within five (5) business days of any cancellation, non-renewal or material change that affects required insurance coverage.

2) That the State of California, its officers, agents, employees, and servants are included as additional insured, but only with respect to work performed for the State of California under the contract. The additional insured endorsement must accompany the certificate of insurance. That the State will not be responsible for any premiums or assessment on the policy.

C. Contractor agrees that the bodily injury liability insurance herein provided for shall be in effect at all times during the term of this contract. In the event said insurance coverage expires at any time or times during the term of this contract, Contractor agrees to provide at least five (5) businesses, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the contract, or for a period of not less than one year. New certificates of insurance are subject to the approval of the Department of General Services, and Contractor agrees that no work or services shall be performed prior to the giving of such approval. In the event the Contractor fails to keep in effect at all times insurance coverage as herein provided, the State may, in addition to any other remedies it may have, terminate this contract upon occurrence of such event.

D. The Department will not provide for nor compensate Contractor for any insurance premiums or costs for any type or amount of insurance.

E. Automobile Liability Insurance – The Contractor shall furnish to the State a certificate of insurance evidencing automobile liability insurance presently in effect for the Contractor for not less than $1,000,000.00 per accident while utilizing a motor vehicle in the performance of this contract. Such insurance shall cover liability arising out of a motor vehicle including owned, hired, and non-owned motor vehicles. For contracted services involving transportation of hazardous materials, evidence of an MCS-90 endorsement is required.

F. Worker’s Compensation Insurance – The Contractor shall furnish to the

State a certificate of insurance evidencing workers compensation insurance and employer’s liability presently in effect with limits not less than $1,000,000.00 by an insurance carrier licensed to write Workers’ Compensation Insurance in California. Such certificate shall include the name of the carrier, policy inception and expiration dates. If the Contractor is self-insured for workers compensation, a certificate must be presented evidencing Contractor is a qualified self insurer in the State of California.

IV. Required Attachments

ATTACHMENT 1

CHECK LIST

A complete IFB package must contain the items identified below. Complete this checklist to confirm inclusion of these items in your bid. Place a check mark or “X” next to each item that you have included in your bid. All required attachments must be returned with your completed IFB to CCHCS for your bid to be responsive, including this checklist.

Attachment Name and Description

The following documents MUST be submitted with your completed IFB:

_____ Check List (Attachment 1)

_____ One (1) original & one (1) copy of completed & signed IFB response packet

_____ Full trainer biographies and proof of trainer(s) required certifications and experience per

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