Edmond G. Brown Jr., Governor State of California Health and Human Services Agency California Department of Rehabilitation Contracts and Procurement Section 721 Capitol Mall, 6th Floor Sacramento, California 95814 March 2013 SHORT FORM CONTRACT Request for Bid Bid # SF12-04-07 Lock and Safe Services/Repair under $9,999 Los Angeles/Kern County area The department is soliciting Bids for Lock & Safe Service and Repair on an as-needed basis for the Department of Rehabilitation. The term of this agreement will be: April 01, 2013 through March 31, 2016 Certified Small Business and Disabled Veteran Enterprises are encouraged to apply. Services shall be provided in accordance with all terms and conditions contained in the attached Scope of Work. The State does not accept alternate contract language from a prospective contractor. A bid with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC 610) are not negotiable. http://www.ols.dgs.ca.gov/Standard+Language/default.htm) The deadline for submission of the completed Attachment I, Bid Cost Worksheet is: March 18, 2013, no later than 2:00 PM Bids must be in written form and may be submitted via fax, hand delivery or U.S. mail. Any questions regarding services to be performed should be directed to Jeanne Simmons at (916) 558-5691. Request Submittal Fax or Email: Mail to/Hand Carry: BEP Lock & Safe Services (916) 558-5681 or jsimmons@dor.ca.gov Department of Rehabilitation Jeanne Simmons, Contract Analyst 721 Capitol Mall, 6th Floor Sacramento, CA 95814 1 12-04-07 A) PURPOSE a) The Department of Rehabilitation's Business Enterprises Program (BEP) provides training and employment for persons who are legally blind in the management of food service and vending facilities on public and private properties throughout the State.. b) The Department of Rehabilitation's Business Enterprise Program (BEP) equipment is located in State, Federal, County office buildings, privately owned building cafeterias, and snack bars. c) The DOR is seeking a contractor to provide Lock & Safe Service and Repair for the Department of Rehabilitation’s Business Enterprise Program cafeterias, snack bars, and vending machines. B) BIDDER MINIMUM QUALIFICATIONS Contractor must be able to demonstrate a minimum of three (3) years experience of said contract services by providing references and/or job completion history. Timely services must be provided to ensure the BEP vendor has limited interruption of business operations. NOTE: Mileage costs shall be all inclusive hourly bid rate. 1) Licenses and Permits a) 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 copy of your current license is required at bid opening. b) If you are a Contractor located within the State of California, a business license from the city/county in which you are headquarter 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 will be working in more than one county, you may be required to provide a business license for the counties you are servicing. If you are a Contractor outside the State of California, you will need to submit to the Department of Rehabilitation a copy of your business license or incorporation papers for your respective State showing that your company is in good standing in that state. c) In the event, any license(s) and/or permit(s) expire at any time during the term of this contract; 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 contract upon occurrence of such event. 2) Insurance See Exhibit D for Basic Insurance Requirements. Proof of current insurance certificate with limits stated in Exhibit D for Commercial Liability, Automobile Liability, and Workers' Compensation is required at bid opening. C) BID REQUIREMENTS AND INFORMATION Key Action Dates EVENT DATE SFC available to prospective bidders March 08, 2013 Final Date for Bid Submission March 18, 2013, by 2:00pm Bid Opening March 18, 2013 Anticipated Intent to Award March 22, 2013 Contract Period April 01, 2013 thru March 31, 2016 *This agreement is a (3) year contract. If a contract is awarded it will be awarded to the lowest responsive responsible bidder, the Department of Rehabilitation reserves the right to reject all bids. BEP Lock & Safe Services 2 12-04-07 It is the responsibility of the Bidder to check the California State Contract Register at https://www.bidsync.com/ when inquiring about an addendum, questions, answers, and any other posts related to this Short Form Contract Request for Bid. Evaluation and Selection a) At the time of bid opening, each bid will be checked for the presence of the required information in conformance with the submission requirements of this SFC. b) The State will evaluate each bid to determine its responsiveness to the published requirements. c) Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, may be rejected. Disposition of Bids a) Upon bid opening, all documents submitted in response to this SHORT FORM CONTRACT REQUEST FOR BID will become the property of the State of California, and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public. b) Bid packages may be returned only at the bidder's expense, unless such expense is waived by the awarding agency. Agreement Execution and Performance a) Performance shall start on the express date set by the awarding agency and the Contractor, after all approvals have been obtained and the agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the awarding agency, upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another contractor. b) All performance under the agreement shall be completed on or before the termination date of the agreement. c) The resulting contract will be of no force or effect until it is signed by both parties and approved by the Department of General Services, if required. The Contractor is hereby advised not to commence performance until all approvals have been obtained. Should performance commence before all approvals are obtained, said services may be considered to have been volunteered if all approvals cannot be obtained. Debarment and Suspension (E.O. 12549 and E.O. 12689) By accepting and fulfilling this authorization for goods and/or services. The Contractor/Vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for department, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department of agency. PREFERENCE/SOCIAL ECONOMIC PROGRAMS Pursuant to Executive Order S-02-06 and M&VC 999.2, each department shall have an annual statewide participation goal in state contracting of not less than 25 percent for SB and not less than 3 percent for DVBE. These goals were established to enhance and encourage competition by creating an optimum environment that affords all businesses equal access to State contracting opportunities. The DOR will make every effort to seek out certified SB and DVBE for this solicitation. Questions regarding Small/Micro Business or the Disabled Veteran Business Enterprise Program may be directed to: Department of Rehabilitation, Contracts and Procurement Section Shaironda Morris, Small Business/Disabled Veteran Business Enterprise Program Advocate, 721 Capitol Mall, 6th Floor, Sacramento, CA 95814, (916) 558-5699. BEP Lock & Safe Services 3 12-04-07 ATTACHMENT 1 CHECK LIST A complete SFC bid will consist of the items identified below. Complete this checklist to confirm the items in your bid. Place a check mark or “X” next to each item that you are submitting to the State. For your bid to be responsive, all applicable required attachments must be returned. This checklist should be returned with your bid package also. Attachment Attachment Name/Description ______ Attachment 1 Required Attachment Check List ______ Attachment 2 Bid/Bidder Certification Sheet ______ Attachment 3 GSPD-05-106 Bidder Certification Participation Sheet ______ Attachment 4 CCC 307 ______ SFC Requirement Proof of Current Insurance Certificate(s) Commercial General Liability, Automobile Liability Workers Compensation and Employers Liability (If applicable) ______ SFC Requirement Proof of Current Business License(s), Business Tax Certificate or Secretary of State’s incorporation document/letter. ______ SFC Requirement Small Business/DVBE Participation Requirements (if applicable). Small Business Certification DVBE Certification ______ SFC Requirement Payee Data Record (Std.204) ______ Fax or Email Response Jeanne Simmons, Contract Analyst Fax 916-558-5681 or jsimmons@dor.ca.gov BEP Lock & Safe Services 4 12-04-07 ATTACHMENT 2 BID/BIDDER CERTIFICATION SHEET This Bid/Bidder Certification Sheet must be signed and returned along with all the "required attachments" as an entire package with original signatures. The bid must be transmitted in a sealed envelope in accordance with Request for Bid instructions. A. Our bid is submitted as___________________ PER hour. B. Note: Upon contract award, for cost reimbursements of parts/materials under $100, the Contractor may submit a common parts price list or the Contractor will be required to submit original receipt(s). For cost reimbursement of parts/materials $100 or more, original receipt(s) will be required. C. D. All required attachments are included with this certification sheet. I have read and understand the DVBE participation requirements and have included documentation if Contractor elects to meet participation goals. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification. E. An Unsigned Bid/Bidder Certification Sheet May Be Cause for Rejection 1. Company Name 2. Telephone Number ( ) 3. Address Indicate your organization type: 4. Sole Proprietorship 2a. Fax Number ( ) 3a. Email Address 5. Partnership 6. Corporation Indicate the applicable employee and/or corporation number: 8. California Corporation No. 7. Federal Employee ID No. (FEIN) 9. Indicate applicable license and/or certification information: _______________________________________________________________________________ 10. Bidder’s Name (Print) 11. Title 12. Signature 13. Date 14. Are you certified with the Department of General Services, Office of Small Business and DVBE Certification (OSDC) a. California Small Business Yes No If yes, enter certification number: b. Disabled Veteran Business Enterprise Yes No If yes, enter your service code below: NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”. Date application was submitted to OSBCR, if an application is pending: BEP Lock & Safe Services 5 12-04-07 Completion Instructions for Bid/Bidder Certification Sheet Complete the numbered items on the Bid/Bidder Certification Sheet by following the instructions below. Item Numbers 1, 2, 2a, 3, 3a Instructions Must be completed. These items are self-explanatory. 4 Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business. 5 Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as coowners, a business for profit. 6 Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals. 7 Enter your federal employee tax identification number. 8 Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California. 9 10, 11, 12, 13 14 Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured. Must be completed. These items are self-explanatory. If certified as a California Small Business, place a check in the "Yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSBCR. BEP Lock & Safe Services 6 12-04-07 ATTACHMENT 3 BIDDER DECLARATION - GSPD–05–105 1. Prime bidder information (Review attached Bidder Declaration Instructions prior to completion of this form): a. Identify current California certification(s) (MB, SB, SB/NVSA, DVBE): ____________ or None ____ (If “None”, go to Item #2) b. Will subcontractors be used for this contract? Yes ___ No ___ (If yes, indicate the distinct element of work your firm will perform in this contract e.g., list the proposed products produced by your firm, state if your firm owns the transportation vehicles that will deliver the products to the State, identify which solicited services your firm will perform, etc.). Use additional sheets, as necessary. _______________________________________________________________________________ _____________________________________________________________________________ c. If you are a California certified DVBE: (1) Are you a broker or agent? Yes ___ No ___ (2) If the contract includes equipment rental, does your company own at least 51% of the equipment provided in this contract (quantity and value)? Yes ___ No ___ N/A ___ 2. If no subcontractors will be used, skip to certification below. Otherwise, list all subcontractors for this contract. (Attach additional pages if necessary): Subcontractor Name Contact Person Phone Number & Fax Number Subcontractor Address& Email Address CA Certification (MB, SB, DVBE or None) Work performed or goods provided for this contract Corresponding % of bid price Good Standing? 51% Rental? 3. CERTIFICATION: By signing this form, I certify under penalty of perjury that the information provided is true and correct. Printed Name: ____________________________ Signature: _____________________________ Date Signed: __________________ State of California—Department of General Services, Procurement Division GSPD–05–105 (EST 8/05) Written Version BEP Lock & Safe Services 7 Page ___of ____ 12-04-07 BIDDER DECLARATION Instructions All prime bidders (the firm submitting the bid) must complete the Bidder Declaration. 1.a. Identify all current certifications issued by the State of California. If the prime bidder has no California certification(s), check the line labeled “None” and proceed to Item #2. If the prime bidder possesses one or more of the following certifications, enter the applicable certification(s) on the line: • Microbusiness (MB) • Small Business (SB) • Small Business Nonprofit Veteran Service Agency (SB/NVSA) • Disabled Veteran Business Enterprise (DVBE) 1.b. Mark either “Yes” or “No” to identify whether subcontractors will be used for the contract. If the response is “No”, proceed to Item #1.c. If “Yes”, enter on the line the distinct element of work contained in the contract to be performed or the goods to be provided by the prime bidder. Do not include goods or services to be provided by subcontractors. Bidders certified as MB, SB, SB/NVSA, and/or DVBE must provide a commercially useful function as defined in Military and Veterans Code Section 999(e)(2)(A) for DVBEs and Government Code Section 14837(d)(4)(A) for small/microbusinesses. For questions regarding commercially useful function determinations made in conjunction with certification approval, contact the Department of General Services, Procurement Division, Office of Small Business and DVBE Certification (OSDC), OSDC Certification and Compliance Unit via email at: osdchelp@dgs.ca.gov. Bids must propose that certified bidders provide a commercially useful function for the resulting contract or the bid will be deemed non-responsive and rejected by the State. For questions regarding the solicitation, contact the procurement official identified in the solicitation. Note: A subcontractor is any person, firm, corporation, or organization contracting to perform part of the prime’s contract. 1.c. This Item is only to be completed by businesses certified by California as a DVBE. (1) Declare whether the prime bidder is a broker or agent by marking either “Yes” or “No”. The Military and Veterans Code Section 999.2 (b) defines “broker” or “agent” as a certified DVBE contractor or subcontractor that does not have title, possession, control, and risk of loss of materials, supplies, services, or equipment provided to an awarding department, unless one or more of the disabled veteran owners has at least 51-percent ownership of the quantity and value of the materials, supplies, services, and of each piece of equipment provided under the contract. (2) If bidding rental equipment, mark either “Yes” or “No” to identify if the prime bidder owns at least 51% of the equipment provided (quantity and value). If not bidding rental equipment, mark “N/A” for”“not applicable.” 2. If no subcontractors are proposed, do not complete the table. Read the certification at the bottom of the form and complete “Page ___ of ___” on the form. If subcontractors will be used, complete the table listing all subcontractors. If necessary, attach additional pages and complete the “Page ___ of ___” accordingly. Subcontractor Name, Contact Person, Phone Number & Fax Number—List each element for all subcontractors. Subcontractor Address & Email Address—Enter the address and if available, an Email address. CA Certification (MB, SB, DVBE or None)—If the subcontractor possesses a current State of California certification(s), verify on the OSDC website (www.pd.dgs.ca.gov/smbus) that it is still valid and list all current certifications here. Otherwise, enter “None”. [Note: A SB/NVSA should not be participating as a subcontractor] Work performed or goods provided for this contract—Identify the distinct element of work contained in the contract to be performed or the goods to be provided by each subcontractor. BEP Lock & Safe Services 8 12-04-07 Certified subcontractors must provide a commercially useful function for the contract. (See paragraph 1.b above for code citations regarding the definition of commercially useful function.) If a certified subcontractor is further subcontracting a greater portion of the work or goods provided for the resulting contract than would be expected by normal industry practices, attach a separate sheet of paper explaining the situation. Corresponding % of bid price—Enter the corresponding percentage of the total bid price for the goods and/or services to be provided by each subcontractor. Do not enter a dollar amount. Good Standing?—Provide a response for each subcontractor listed. Enter either “Yes” or “No” to indicate that the prime bidder has verified that the subcontractor(s) is in good standing for all of the following: • Possesses valid license(s) for any license(s) or permits required by the solicitation or by law • If a corporation, the company is qualified to do business in California and designated by the State of California Secretary of State to be in good standing • Possesses valid State of California certification(s) if claiming MB, SB, and/or DVBE status • Is not listed on the OSDC website as ineligible to transact business with the State 51% Rental?—This pertains to the applicability of rental equipment. Based on the following parameters, enter either “N/A” (not applicable), “Yes” or “No” for each subcontractor listed. Enter “N/A” if the: • Subcontractor is NOT a DVBE (regardless of whether or not rental equipment is provided by the subcontractor) or • Subcontractor is NOT providing rental equipment (regardless of whether or not subcontractor is a DVBE) Enter “Yes” if the subcontractor is a California certified DVBE providing rental equipment and the subcontractor owns at least 51% of the rental equipment (quantity and value) it will be providing for the contract. Enter “No” if the subcontractor is a California certified DVBE providing rental equipment but the subcontractor does NOT own at least 51% of the rental equipment (quantity and value) it will be providing. 3. Read the certification at the bottom of the page. An individual that is authorized to bind the firm contractually is to print their name, sign and date the form. Also, complete the “Page ___of ____” accordingly. BEP Lock & Safe Services 9 12-04-07 BEP Lock & Safe Services 10 12-04-07 EXHIBIT A (Standard Agreement - PERSONAL SERVICES) SCOPE OF WORK 1. Background The Department of Rehabilitation's Business Enterprises Program (BEP) provides training and employment for persons who are legally blind in the management of food service and vending facilities on public and private properties throughout the State. The Contractor will provide incidental labor services that are non-public works related, to ensure adequate safety is addressed for the BEP vendor facility operations. 2. Authority BEP 34 CFR 395 3. Description of Services/Deliverables SEE ATTACHED DESCRIPTION OF SERVICES- EXHIBIT A.1 4. Contract Representatives The Contractor shall direct all inquiries during the term of this agreement to: Department of Rehabilitation Contract Administrator Contractor Robin Simmons/designee Department of Rehabilitation Business Enterprise Program 320 West 4Th St., Ste. #150 Los Angeles , California 90013 (213) 576-6233 RJsimmons@dor.ca.gov BEP Lock & Safe Services 11 12-04-07 EXHIBIT A (Standard Agreement - PERSONAL SERVICES) SCOPE OF WORK A) Type of Service 1 The Department of Rehabilitation's Business Enterprise Program (BEP) equipment is located in State, Federal, County office buildings, privately owned building cafeterias, snack bars and Refrigeration facilities. 2 The Contractor shall provide, on an as-needed basis, Lock & Safe Service and Repair for the Department of Rehabilitation’s Business Enterprise Program cafeterias, snack bars, and vending machines. The contractor shall provide service and repair (including replacement parts) for all locks and safes at the locations listed in Exhibit G. 3 Timely services must be provided to ensure the BEP vendor has limited interruption of business operations. 4 Services shall be provided at the facility location unless it absolutely necessary to remove the item(s) for servicing at the Contractor’s shop. If any equipment must be removed for servicing at the Contractor’s shop, the Contractor shall provide, at no cost to the State, a suitable replacement until the unit has been repaired and installed. 5 Equipment is not to be removed for the location without the written approval of a Business Enterprise Consultant (BEC) or a Supervisor BEC; No exceptions. Only when approval has been received in writing granting authorization to remove equipment, shall the contractor complete the "Equipment sign out control log" DR287. 6 The Contractor shall instruct the blind/visually impaired vendor on the repairs and operation of the equipment and evaluate any problems. Contractor must be available for consultation by phone, and the training of vendor on proper preventative maintenance. 7 Contractor may be used in an emergency, when the primary contractor is not available. 8 The contractor shall provide service listed on the Authorization for Repairs and Service (DR 1308) only. If additional work is required the contractor shall obtain approval from the Contract Administrator/designee prior to additional work commencing. B) Locations Locations and equipment are subject to change. An Addendum will be done for any change to the locations and/or equipment, no formal amendment is necessary. C) Service Hours All Services shall be provided six (6) days a week, excluding holidays, between the hours of 7:00 a.m. to 5:00 p.m. For work which needs to be accomplished before or after normal working hours, a charge of one-and-one-half (1-1/2) times the bid rate will be granted. For work which needs to be accomplished on a Sunday or official State holiday, an amount of twice the bid rate will be granted. Prior authorization must be obtained, in writing, from the Department of Rehabilitation's Contract Administrator and/or designee for time requested other than normal working hours, Saturdays, Sundays, and official State holidays. A list of official State holidays is available from the Department of Rehabilitation. The Department of Rehabilitation may pay any applicable sales and use tax imposed by another State. D) Estimates The Department of Rehabilitation’s Contract Administrator and/or designee has the authority to request the Contractor to provide an estimate prior to authorizing any services. E) Response Time From the time the Department of Rehabilitation initiates a service request to the time the service commences shall not exceed four (4) hours, unless an extension of time is approved BEP Lock & Safe Services 12 12-04-07 F) G) H) I) by the Department of Rehabilitation’s Contract Administrator and/or designee. Occasionally, the State will inform the Contractor that an emergency condition exists and the Contractor shall complete the required service within a six (6) hour period to the satisfaction of the State. In general, service shall be completed within a reasonable and acceptable time period to the State taking into consideration the nature and degree of the difficulty of the work involved. Emergency shall be defined as a health and safety or hazardous working environment situation. In general, service shall be completed within a reasonable and acceptable time period to the State taking into consideration the nature and degree of the difficulty of the work involved. In general, service shall be completed within a reasonable and acceptable time period to the State taking into consideration the nature and degree of the difficulty of the work involved. Call Back Services Should the Contractor fail to provide any of the specified services in the prescribed manner, the State may call the Contractor to provide services within four (4) hours, unless otherwise specified, at no additional cost to the State. All work shall be under warranty for thirty (30) days from date of completed repair. Time and costs for call backs to previous repairs under warranty shall be borne by the Contractor. Notification The Contract Administrator will notify the Contractor, via a Service Order, of location(s) requiring service and location contact person. The Contractor shall schedule service date(s) and time(s) with the BEP vendor and notify the DOR, via email or phone, of service schedule, prior to work commencement. If the BEP vendor or designee is not on site at the scheduled time and date, the Contractor is to leave the site without doing any work and will charge the DOR one (1) hour at the contract labor rate. The Contractor shall obtain the BEP vendor or designee’s signature on the Service Order upon work completion and verification that equipment is in working order and submit signed Service Order for payment. Verification of Arrival The Contractor/service technician is required to have the location staff verify time of arrival on the job site, as well as the time of departure. Location staff must be on site while the service is being performed. Contractor shall not accept the Refrigeration keys from the operator. Location staff has the authority to determine whether the service performed requires the services of more than one (1) service technician. The Contractor shall leave a copy of the work order signed by the location staff indicating: 1) minimum time of arrival; 2) time of departure; and 3) general description of work performed at the location. Parts and Materials The charges for parts and materials shall not exceed twenty percent (20%) of the Contractor's wholesale costs; excluding tax, i.e.; $100.00 parts cost x 20% x 7.75 (City Sales) Tax = $129.30. Only original manufacturer parts and materials shall be used. Removed parts shall be left at the location for State inspection. The maximum amount that may be charged per job shall be $2,000.00. The maximum amount that may be charged per job may be increased with the approval of the Supervising Business Enterprise Consultant/Contract Administrator or the Business Enterprise Program Manager. See Exhibit B - paragraph 1. Invoicing and Payments - Item 9 for parts and materials cost reimbursements. Refurbished or rebuilt parts are not allowed. J) Freight Charges Contractor will be allowed to recover freight or shipping costs for parts, with no allowance for mark-up, by: 1) Itemizing the cost of freight or shipping on the invoice. BEP Lock & Safe Services 13 12-04-07 2) Attaching a copy of the freight or shipping invoice (original whenever possible) to the invoice. 3) When the freight or shipping invoice includes costs not specifically associated with the billing, the Contractor will only charge for the costs associated with the billing and note the freight or shipping invoice accordingly. K) Work Area Contractor will ensure that the work area is kept clean and free of debris, as necessary, to maintain a safe working environment for staff and, if performing services for the California Department of Corrections and Rehabilitation, for inmates. While working on equipment, contractor agrees to perform services with as little disruption to the State’s operations as possible. All tools, equipment and other work materials belonging to the contractor will be removed from the work location at the end of each working day. The State shall not be responsible for storage of any contractor property. L) State Property 1) It shall be the Contractor's responsibility to make all necessary arrangements with office/building manager and local traffic authorities for use of elevators, loading docks, adjacent streets, sidewalks, and/or malls. 2) Any damages by the Contractor to portions of buildings, premises, equipment, furniture, material or other property for which the State is responsible will be repaired or items will be replaced by Contractor to the satisfaction of the State with no expense to the State. Contractor shall patch, replace and/or finish in kind all surfaces of features displaced, or damaged in performance of work, such as but not limited to acoustical tile, floor covering, and wall areas. 3) Contractor shall provide dust covers, temporary dust barriers, pads, etc., as required to protect building occupants and contents during its operation. upon completion of the work, there shall be no discrepancy between the new and existing work. Where existing surfaces are painted, under the provisions of this paragraph, paint shall extend to the nearest natural break. 4) Contractor shall paint or finish all new work, except factory-finished items, a minimum two (2) coats to match existing adjacent area. Any items lost or stolen while in the Contractor's custody will be replaced by the Contractor at no expense to the State/Federal government. Contractor must receive approval from the State/Federal government to remove equipment from a location. 5) Floors, walls, and ceilings of buildings, including elevators, will be adequately protected by Contractor to prevent marring and scratching or other damages. The State may, itself, at its option, repair any damage or replace any lost or stolen items and deduct the cost thereof from Contractor's invoice. 6) Contractor shall keep site clean as work progresses. Upon completion of the work, all surfaces involved in this project shall be clean of any foreign material. Contractor shall remove all waste materials from the work site and dispose of same daily. 7) Insurance See Exhibit B for Basic Insurance Requirements. Proof of current insurance certificate with limits stated in Exhibit D for Commercial Liability, Automobile Liability, and Workers' Compensation is required at bid opening. M) Bidder Minimum Qualifications Licenses and Permits 1) 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 Agreement. BEP Lock & Safe Services 14 12-04-07 2) Contractor shall be located within the State of California, with 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. 3) 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. BEP Lock & Safe Services 15 12-04-07 EXHIBIT B (Standard Agreement - PERSONAL SERVICES) BUDGET DETAIL AND PAYMENT PROVISIONS 1. Invoicing and Payment A. For services satisfactorily rendered, and upon receipt and approval of the invoice(s) by the Contract Administrator, the Department of Rehabilitation agrees to compensate, in arrears, the Contractor for actual expenses incurred in accordance with the rates specified herein and hereto attached and made a part of this Contract. B. Invoices shall be submitted, in triplicate, to the Department of Rehabilitation no later than thirty (30) days after the service has been completed or within five (5) business days after the contract administrator/designee has requested in writing for the invoice to be submitted. C. Submit invoices to: DOR Contract Administrator on page 1. D. Payment shall be in arrears contingent upon receipt of an approved monthly invoice by the Contract Administrator or his/her designated representative(s). The invoice must be submitted on Contractor’s letterhead signed by authorized representative, and include: 1) A brief description of the work performed. 2) Location(s) of job. 3) The date(s) the work was performed. 4) Service hours: TIME IN and TIME OUT. 5) The applicable rate and total dollar amount. 6) Contract Number 7) Authorization for Repairs and Service - DR 1308 Number. 8) State Contract and Procurement Registration System Number. 9) Contractor is required to provide original receipt(s) for all parts/materials cost of $100 or more. For cost reimbursements of parts/materials under $100, the Contractor will use the either the common parts price list (if attached at contract award) or the Contractor is required to provide original receipt(s). 10) Itemized invoice: separating parts, labor and freight, if applicable. Although the contract is between the Department of Rehabilitation’s Business Enterprise Program and the Contractor, the location manager or his/her designated staff has the authority to dispute any invoice. 2. Budget Contingency Clause (State Funds) a) It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. b) B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. 3. For Federally Funded Agreements a) It is mutually understood between the parties that this Agreement 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 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 State Government for the current year and/or any subsequent year for BEP Lock & Safe Services 16 12-04-07 the purpose of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by Congress or to any statute enacted by Congress that may affect the provisions, terms, or funding of this Agreement in any manner. c) The parties mutually agree that if Congress does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds. 4. Prompt Payment Clause The Department of Rehabilitation is obligated to promptly pay all invoices (Government Code Chapter 4.5 commencing with §927). However, invoices must be properly submitted for prompt processing and payment. Under certain conditions, the Department of Rehabilitation is required to pay Contractors a late payment if a correct invoice for services/goods is not paid within 45 calendar days. The Contractor does not need to request the late payment as the Department of Rehabilitation will determine and send any late payment to the Contractor. 5. Tax Compliance The Contractor is hereby notified that the Department of Rehabilitation is required by Federal and State Tax Codes to report certain payments to individuals. Without this information, the Department of Rehabilitation cannot pay Contractor invoices. The Contractor agrees to abide by these conditions and provide the requested information. 6. Excise Tax The Department of Rehabilitation is exempt from Federal excise taxes and no payment will be made for taxes levied on employee(s) wages. The Department of Rehabilitation will pay for any applicable State of California or local sales or use tax on services rendered, or equipment or parts supplied, pursuant to this Contract. The Department of Rehabilitation may pay any applicable sales and use tax imposed by another State. 7. Travel Travel mileage costs are all-inclusive for this agreement and shall be compensated based on the hourly rate charged for providing actual services for this agreement. Service call fees and/or trip charges for the Southern Region - shall be allowed two (2) hours at the contractor's hourly rate per day. BEP Lock & Safe Services 17 12-04-07 EXHIBIT C (Standard Agreement - PERSONAL SERVICES) GENERAL TERMS AND CONDITIONS (GTC 610) PLEASE NOTE: This page will not be included with the final agreement, The General Terms and Conditions will be included in the agreement by reference to Internet site http://www.ols.dgs.ca.gov/Standard+Language/default.htm BEP Lock & Safe Services 18 12-04-07 ATTACHMENT 4 CCC-307- CERTIFICATION I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California. Contractor/Bidder Firm Name (Printed) Federal ID Number By (Authorized Signature) Printed Name and Title of Person Signing Date Executed Executed in the County of CONTRACTOR CERTIFICATION CLAUSES 1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.) 2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003. Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State. Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services. 5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. 6. SWEATFREE CODE OF CONDUCT: a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a). BEP Lock & Safe Services 19 12-04-07 7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1, 2007, the contractor certifies that contractor is in compliance with Public Contract Code section 10295.3. DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (Pub. Contract Code §10410): 1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (Pub. Contract Code §10411): 1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decisionmaking process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420) 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. (Pub. Contract Code §10430 (e)) 2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity. S:\ADMIN\HOMEPAGE\CCC\CCC-307.doc BEP Lock & Safe Services 20 12-04-07 EXHIBIT D (Standard Agreement - PERSONAL SERVICES) 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. Mailing addresses may be changed by written notice. 2. Contractor Personnel The Contractor shall not substitute personnel without prior notification of the State. 3. General Provisions Applying to All Policies a) Coverage Term – Coverage needs be in force for the complete term of the Agreement. If insurance expires during the term of the Agreement, a new certificate must be received by the State at least ten (10) days prior to the expiration of the insurance. Any new insurance must still comply with the terms of the Agreement. b) Policy Cancellation of Termination & Notice of Non-Renewal – Contractor shall provide to the State within five (5) business days following receipt by contractor a copy of any cancellation or non-renewal of insurance required by this agreement. 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 agreement upon the occurrence of such event, subject to the provisions of this Agreement. c) Deductible – Contractor is responsible for any deductible or self-insured retention contained within their insurance program. d) Primary Clause – Any required insurance contained in this Agreement shall be primary, and not excess or contributory, to any other insurance carried by the State. e) Insurance Carrier Required Rating – All insurance companies must carry a rating acceptable to the Department of General Services, 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. f) Endorsements – Any required endorsements must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance. g) Inadequate Insurance – Inadequate or lack of insurance does not negate the Contractor’s obligations under the Agreement. h) Subcontractors Insurance -- In the case of Contractor’s utilization of subcontractors to complete the contracted scope of work, Contractor shall include all subcontractors as insured under Contractor’s insurance or supply evidence of insurance to the State equal to policies, coverages and limits required of Contractor. 4) Insurance Coverage a. Commercial General Liability – Contractor shall maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, 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. The policy must include: b) “The State of California, its officers, agents, employees and servants as additional insured’s, but only with respect to work performed under the Agreement.” BEP Lock & Safe Services 21 12-04-07 c) This endorsement must be supplied under form acceptable to the Department of General Services, Office of Risk and Insurance Management. a. Workers Compensation and Employers Liability – Contractor shall maintain statutory worker’s compensation and employer’s liability coverage for all its employees who will be engaged in the performance of the Agreement. Employer’s liability limits of $1,000,000 are required. b. Automobile Liability – Contractor shall maintain motor vehicle liability with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non-owned motor vehicles. c. If your business is a Sole Proprietorship and does not employ any other individual(s), you may submit a signed statement on your 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.” This signed statement on your business letterhead will satisfy the requirement for Workers’ Compensation Insurance if your business does not have any employees. 5) Licenses and Permits a) 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 Agreement. b) Contractor shall be located within the State of California, with 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. 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 BEP Lock & Safe Services 22 12-04-07 position in the same general subject area as the proposed agreement within the 12month period to his or her separation from state service. 7. Confidentiality a) Contractor agrees that any report or material created during the performance of this agreement will not be released to any source except as required by this agreement or otherwise authorized by DOR. b) Contractor agrees that any information obtained in the performance of this agreement is confidential and shall not be published or open to public inspection in any manner, except as authorized by DOR. c) Contractor agrees to maintain the confidentiality of any information concerning any consumers that the contractor may obtain in the performance of this agreement and specifically agrees to comply with the provisions applicable to such information as set forth in 34 Code of Federal Regulations, Section 361.38, title 9, California code of Regulations, Section 7140 et seq., and the Information Practices Act of 1977 (California Civil Code Section 1798 et seq.) d) Contractor agrees to report any security breach or information security incident involving DOR consumers’ personal information to the DOR’s Contract Administrator and the DOR’s Information Security Officer. The DOR’s Information Security Officer can be contacted via e-mail at isoinfo@dor.ca.gov. e) Security breaches or information security incidents that shall be reported include, but are not limited to: 1) Inappropriate use or unauthorized disclosure of DOR consumers’ personal information by the Contractor or the Contractor’s assignees. Disclosure methods include, but are not limited to, electronic, paper, and verbal. 2) Unauthorized access to DOR consumers’ personal information. Information can be held in medium that includes, but is not limited to, electronic and paper. 3) Loss or theft of information technology (IT) equipment, electronic devices/media, paper media, or data containing DOR consumers’ personal information. IT equipment and electronic devices/media include, but are not limited to, computers (e.g., laptop and desktop, netbooks, tablets), smartphones, cell phones, CDs, DVDs, USB flash drives, servers, printers, peripherals, assistive technology devices (e.g., notetakers, videophones), and copiers. Data can be held in medium that includes, but is not limited to, electronic and paper. f) Contractor agrees to provide annual security and privacy training for all individuals who have access to personal, confidential, or sensitive information relating to the performance of this agreement. g) Contractor agrees to obtain and maintain acknowledgements from all individuals to evidence their understanding of the consequences of violating California privacy laws and the contractor’s information privacy and security policies. h) For contractors that do not have a security program that includes annual security and privacy training, a self-training manual is available on the DOR website under the “Providers” tab in the “Becoming a Service Provider" section under “Annual Security and Privacy Training for VR Service Providers.” The self-training manual is named “Protecting Privacy in State Government” and can be downloaded at the following link: http://www.dor.ca.gov/eps/privacytraining.htm. i) Additional training and awareness tools are available at the California Office of Information Security (OIS) website and the California Office of Privacy Protection (COPP) website. The COPP created the self-training manual, “Protecting Privacy in State Government” that DOR revised to meet its business needs. BEP Lock & Safe Services 23 12-04-07 8. 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. 9. Amendment for Unanticipated Tasks 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 the agreement is required for additional money and/or time. 10. Non Eligible Alien – All Sole Proprietor Contracts Contractor shall comply with US Code, Title 8, Section 1621 (a), (b), (c), and (d), concerning aliens or immigrants ineligible for State and local public benefits. 11. Debarment and Suspension (E.O. 12549 and E.O. 12689) By accepting and fulfilling this authorization for goods and/or services. The Contractor/Vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for department, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department of agency. BEP Lock & Safe Services 24 12-04-07 Exhibit F (Standard Agreement - PERSONAL SERVICES) SPECIAL TERMS AND CONDITIONS A) Services provided at California Department of Corrections and Rehabilitation Institutions For the Department of Rehabilitation’s Business Enterprise Program that has equipment located in California Department of Corrections and Rehabilitation (CDCR) prisons and institutions (see Exhibit E for specific locations). Contractor must maintain at least one qualified technician on staff at all times who has undergone and received CDCR’s Request for Gate Clearance. The Contractor must comply with the following CDCR requirements: B) Primary Laws, Rules, and Regulations Regarding Conduct and Association with State Prison 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. 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 BEP Lock & Safe Services 25 12-04-07 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 C) 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's employees and subcontractors should contact the Contract Administrator to find out each individual facility clothing restrictions prior to requiring access to the institution to assure the Contractor and their employees are in compliance. D) Security Regulations 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. a) 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. b) 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. c) 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. BEP Lock & Safe Services 26 12-04-07 d) Contractor, Contractor's employees and subcontractors shall observe all security rules and regulations and comply with all instructions given by institutional authorities. e) Electronic and communicative devices such as pagers, cell phones and cameras/microcameras are not permitted on institution grounds. f) Contractor, Contractor's employees and subcontractors shall not cause undue interference with the operations of the institution. g) No picketing is allowed on State property. E) Gate Clearance a) 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 Administrator 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. b) 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. c) All persons entering the facilities must have a valid state driver's license or photo identification card on their person. BEP Lock & Safe Services 27 12-04-07 EXHIBIT G (Standard Agreement - PERSONAL SERVICES) LOCATIONS Los Angeles - Kern Counties Location 111 245 245 246 247 248 256 256 275 304 304 337 394 394 418 428 428 473 473 473 494 515 555 570 616 622 622 629 629 635 712 819 827 827 832 832 832 844 Building US. Court House Kern County Welfare Office Kern County Court House LA County Court House LA County Court House LA County Court House Juvenile Hall US. Post Office LA County Hall of Administration LA County Hall of Records State Office Building New Federal Building LA County Courts Building Municipal Courts Building Federal Office Building Superior Courts Building Metropolitan State Hospital Rancho Los Amigos Hospital Downey Municipal Courts Los Padrinos Juvenile Hall Municipal Traffic Courts LA CO Criminal Courts CA State Univ HDQTS Hubert Humphrey Medical Center LA CO Courthouse -Compton Rio Hondo Courts Bldg. LA County Court Long Beach Court House Long Beach City Hall Hudson Comp Healt Center Ronald Reagan Bldg. Address 312 N. Spring street , LA 90012 100 E. California, St. Bakersfield, 93307 1415 Truxtun Ave. Bakersfield 93301 110 N. Grand Ave., LA 90012 435 w. First ST. LA 90012 111 N. Hill LA 90012 1601 Eastlake AVE. LA 90033 7001 S. Central , LA 90001 500 w. Temple LA 90012 227 N. Broadway, LA 90012 6150 Van Nuys Blvd. ,Van Nuys 91401-3377 300 N. Los Angeles St. LA 90012 825 Maple St. Torrance 90503 111 E. Regent St, Inglewood 90301 11000 Wilshire Blvd. LA 90024 12720 Norwalk Blvd. Norwalk 90650 11401 Bloomfield Avenue, Norwalk 90650 7601 E. Imperial Hwy, Downey 90242-3456 7500 E Imperial Hwy, Downey 90242 7285 E. Quill Dr., Downey 90242 1945 S. Hill LA 90007 210 West Temple Street , LA 90012 401 Golden Shore Drive, Long Beach 90801 5850 S. Main St, LA 90003 200 W. Compton Blvd. Compton 90220 11234 Valley Blvd. El Monte, 91731 1427 W. Covina 91790 415 W. Ocean Blvd. Long Beach 90802 333 W. Ocena Blvd., Long Beach 90802 2829 So. Grand Ave. LA 90007 3rd and Spring St. LA 90013 1-5 North Bound Kern County 93206 28201 Franklin Pkwy Santa Clarita 91383 15701 Sherman Way, Van Nuys 91409 5555 Bandini Blvd. Bell 90201-9997 14400 Erwin St Mall, Van Nuys 91401 6230 Sylmar, Van Nuys 91401 5800 W. Century Blvd.LA 90009 Button Willow North and South Bound US Post Office US Post Office Bulk Mail Center Van Nuys Municipal Courts LA County Superior Courts World Way Postal Service Facility BEP Lock & Safe Services 28 12-04-07 844 844 844 844 844 844 844 844 844 844 857 872 877 1001 1001 1004 1004 1004 1028 1028 1028 1028 1028 1028 886 US Post Office USPO East Long Beach Station USPO North Long Beach Station USPO Carson Branch Station US Post Office N. Long Beach USPO Loma Branch Station USPO Pacific Avenue Station US Post Office Atlantic Avenue US Post Office Long Beach District Alhambra Municipal Courts California State Prison LA County New Junipero Serra Espresso Bar California Correctional Institute Federal Building LAX (TSA) CAL Trans District 7 HQ Metropolitan Detention Center Cal Trans L.A.R.T.M.C Superior Courts -Shafter Branch Superior Courts - Lamont Branch Superior Courts -Delano Branch Juvenile Justice Center Homeland Security (ICE) Boron Roadside Rest East and West LA County Sanitation BEP Lock & Safe Services 3019 Bellflower Blvd Long Beach 90808 2727 E. Anaheim, Long Beach 90804 5101 Long Beach Blvd. Long Beach 90805 21350 Avalon Blvd., Carson 90745 300 N. Long Beach, Long Beach 90802 3540 E. 4th St. Long Beach 90803 1920 Pacific Ave. Long Beach 90806 4580 Atlantic Ave. Long Beach 90807 2300 Redondo Ave. Long Beach 90809-9441 150 Commonwealth Ave. Alhambra, 91801 44750 60th Street West, Lancaster 93536 320 West 4th Street , LA 90013 202 Tehachapi, Tehachapi 93561 15000 Aviation Blvd, Lawndale 90261 5757 W. Century Blvd.LA 90045 100 S. Main Street, LA 90012 535 W. Alameda St., LA 90012 2901 W. Broadway LA 91204 325 Central Valley Hwy. Shafter 93263 12022 Main Street Lamont 93241 1122 Jefferson St. Delano 93215 2100 College Avenue, Bakersfield 93305 800 Truxton Avenue, Bakersfield 93301 Kern CO Mile Post 139 Boron, 93516 1955 Workman Mill, Whittier, 90601 29 12-04-07