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DDHTR CONTRACTOR NAME (hereinafter referred to as “Disaster Debris and Hazard Tree Removal Contractor” or “DDHTR Contractor”) shall provide Emergency Structural Debris and Hazard Tree Removal Services to the Department of Resources, Recycling, and Recovery (hereinafter referred to as the “State” or “CalRecycle”) as described herein. 

The Operation Coordinators during the term of this Agreement will be:

CalRecycle is soliciting this Agreement under the authority of the Emergency Services Act, specifically Government Code section 8571, and the Governor’s Proclamations of States of Emergency dated [PLACEHOLDER/INSERT VALID REFERENCES].

The IMT will manage the Operation in the field and operate under ICS. Through Work Orders and in accordance with the “Work Authorization” clause of Exhibit D, CalRecycle will direct the DDHTR Contractor when and where these services are necessary. No work shall occur without a written and executed Work Order.

The IMT will generally provide specific work assignments to the DDHTR Contractor through IAP. The IMT will identify incident objectives for the next operational period through the incident action planning process. DDHTR Contractor may provide input and recommendations on incident objectives prior to execution of the IAP. DDHTR Contractor is responsible for completing all work specified in the IAP within the timeframe (“operational period”) identified in the IAP. The DDHTR Contractor shall complete all work assignments on parcels and/or segments of the public right of way identified in executed IAPs or executed Work Orders to the satisfaction of CalRecycle. CalRecycle, at it’s sole and exclusive discretion, shall determine the scope of work necessary to properly remediate each parcel, as monitored by the A&M Contractor. 

DDHTR Contractor shall complete the following tasks:

DDHTR Contractor shall be responsible for coordinating with the IMT and CalRecycle’s A&M Contractor, providing information as required to document material quantities and project costs allocable to each type of material by residential parcel, and providing information as required to document hazard trees removed, including coordinates, detailed tree information, and photos which are time, date, GPS coordinate stamped. The method and detail of the material and cost tracking information by parcel will be jointly developed by the IMT and the CalRecycle’s A&M Contractor, with State final approval.

DDHTR Contractor shall prepare and provide the following Daily, Monthly, and Quarterly Summary Reports of Structural Debris Removal and the Hazard Tree Removal function activities and status, as summarized below:

CalRecycle has the sole discretion and authority to determine the quality and acceptability of the following:

1. Work to be performed.
2. Rate and progress of work performed.
3. Fulfillment of the tasks and work performed by DDHTR Contractor.
4. Compensation for tasks and work performed by DDHTR Contractor.

CalRecycle intends to complete this operation rapidly and efficiently to ensure public health and safety hazards are promptly addressed and community recovery is expedited. The below milestones represent CalRecycle’s expectations for the DDHTR Contractor’s mobilization. The IMT may adjust the milestones due to unforeseen circumstances such as inclement weather, rate of ROE collection, progress on-site assessment and asbestos assessment, or other operational needs and/or disruptions. 

The IMT will advise the DDHTR Contractor of any changes to the milestones in writing.  
Changes to the operations schedule and milestones are at the exclusive discretion of the IMT.
DDHTR Contractor understands and agrees that a substantial number of work plans are required to be submitted, and many of these work plans will need to be drafted and adjusted concurrently.
DDHTR Contractor shall ensure sufficient project management staff members are available to complete work plans based on the milestones below and promptly respond to any feedback from the IMT to ensure the overall Operation remains on schedule.

1. For services satisfactorily rendered and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for completed line itemsin accordance with the unit rates specified in Exhibit B.1 - Rate Sheet.. 

2. Itemized invoices shall be submitted, individually by county, with one set of supporting documentation (i.e., receipts, timesheets, etc.), by county not more frequently than monthly in arrears to:

wildfirepaymentrequest@calrecycle.ca.gov  

OR 
Accounts Payable 
Department of Resources Recycling and Recovery 
Fiscal Services Branch 
U.S. Postal Correspondence: 
P.O. Box 4025, MS-19A 
Sacramento, CA 95812-4025 
Federal Express Correspondence: 
1001 I Street, MS-19A 
Sacramento, CA 95814 

3. The Contractor agrees to send all preliminary invoice packages to CalRecycle’s Assessment & Management Consultant prior to submission to CalRecycle. Only one (1) county may be billed per invoice. CalRecycle’s Assessment & Management Consultant provides invoice package quality assurance and examination services. The Contractor and CalRecycle’s Assessment & Management Consultant shall resolve all deficiencies in the Contractor’s invoice packages prior to submission to CalRecycle. Refer to Attachment G, Standard Invoice Template.  CalRecycle will not process incomplete invoice packages. Each complete invoice package submitted to CalRecycle must include the below information: 

   1. Contractor’s company name and address 

   2. Invoice date 

   3. Billing Period 

   4. Contract Number and Incident Name 

   5. The county for which the invoice is being billed 

   6. Specified invoice number containing a unique ID sequence. (If there is a revision due to a dispute, a new invoice number will be required upon resubmission to the State, including a reference to the original invoice number.) 

   7. The overall total of invoice (Including retainage if applicable. Retention invoices must reference invoice numbers for which retention was withheld.) 

   8. Contract line item number/ID 

   9. Contract line item description 

   10. Work Order No. for which the cost is authorized 

   11. Change Order No., if applicable, for which the cost is authorized. 

   12. Quantity of contract line item 

   13. Rate of contract line item 

   14. Overall total of contract line item (for services billed within invoice period) 

   15. Clear scanned copies of all tickets and other supporting documents relating to costs billed. Optical Character Recognition (OCR) is preferred for all PDF formatted documents 

   16. One (1) Copy of Excel format, one (1) copy of PDF format 

   17. Invoice Payment Request Form 

   18. Payment Recommendation Report by CalRecycle’s Assessment & Management Consultant 

   19. Invoice Certification Statement, signed under penalty of perjury by a duly authorized representative 

   20. Standard Form 209 (STD 209), where a dispute has been made and resolved 

1. 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 the Contractor or furnish any other considerations under this Agreement, and the Contractor shall not be obligated to perform any provisions of this Agreement. 

2. 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 the Contractor to reflect the reduced amount. 

Payment will be made in accordance with and within the time specified in Government Code, Chapter 4.5 (commencing with section 927). Contractor agrees with CalRecycle that for purposes of compliance with the Prompt Payment Act, the Prompt Payment Act begins according to CalRecycle’s Mission Task Finance Unit’s “Received Date Stamp.” For the purposes of the Prompt Payment Act, invoices received after 5PM shall be considered received by the next business day

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 or use tax imposed by another state

See Exhibit B.1 - Rate Sheet (Insert the Bid Sheet from the winning Bidder) 

The provisions for payment under this Agreement will be subject to a ten percent (10%) withholding per separate and distinct task. Any funds withheld with regard to a particular task may be released upon completion of that task to the satisfaction of CalRecycle. Contractor acknowledges that this Agreement is subject to ten percent (10%) withholding pursuant to PCC section 10346. Contractor acknowledges that “separate and distinct tasks” shall be defined as the Contractor’s completion of all work in a county. Ten percent (10%) of each invoice, organized by county, shall be withheld. The withheld payment amount will be included in the final payment to the Contractor. The 10% withheld amount will only be released upon CalRecycle’s verification of completion of all work within a county, to the satisfaction of CalRecycle. Under no circumstances shall the withheld payment be released prior to CalRecycle’s verification of Contractor’s services satisfactorily rendered, including any necessary reporting or compliance requirements. 

Progress or partial payment for the completion of predefined tasks, functions, and stages of work will not be issued. Contractor may invoice for work completed following the parcel final sign-off (FSO). For the purposes of payment milestones, FSOs occur subsequent to the removal of all Hazard Trees. FSOs of parcels must occur prior to payment of Hazard Trees.  

Partial payment before the completion of line items will not be issued. Contractors may invoice CalRecycle only upon completion of each unit, to the satisfaction of CalRecycle. Payment Milestones represent when CalRecycle can verify that Contractor has satisfactorily rendered services, subject to the "Payment Withhold" Provisions.

DDHTR Contractor agrees to submit all required invoices related to DRRTBD no later than sixty (60) days after contract expiration or no later than 60 sixty (60) days after the cessation of all field activities to the satisfaction of CalRecycle, whichever is earlier. DDHTR Contractor shall provide the closeout documents listed below within the timeframe specified. This list is not exclusive. Any closeout document not included in this list does not excuse compliance.

These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources

1. AGENCY LIABILITY: The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, CalRecycle shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the value of the work actually performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
    
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in this Agreement is binding on any of the parties. CalRecycle reserves the right to amend this Agreement through a formal written amendment signed by both parties, for additional time and/or funding.
    
3. CALIFORNIA WASTE TIRES: Unless otherwise provided for in this contract, in the event the Contractor and/or Subcontractor(s) purchases waste tires or waste-tire derived products for the performance of this Agreement, only California waste tires and California waste tire-derived products shall be used. As a condition of payment under this Agreement, the Contractor must provide documentation substantiating the source of the tire materials used during the performance of this Agreement to the Contract Manager.

All formal notices required by this Agreement must be given in writing and sent by prepaid certified mail, fax, personal delivery or telex.  

4. CONTRACT MANAGEMENT: The Contractor and the agents and employees of the Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State of California. The Contractor may change the designated Project Director, but CalRecycle reserves the right to approve any substitution of the Project Director. Contractor’s key personnel may not be substituted without CalRecycle’s Contract Manager’s prior written approval. CalRecycle may change the Contract Manager by notice given to the Contractor at any time. CalRecycle staff will be permitted to work side by side with the Contractor’s staff to the extent and under conditions that may be directed by the Contract Manager. In this connection, CalRecycle’s staff will be given access to all required data, working papers, etc. The Contractor will not be permitted to utilize the CalRecycle’s staff for the performance of services, which are the responsibility of the Contractor unless the Contract Manager previously agreed to such utilization in writing, and any appropriate adjustment in price is made. No charge will be made to the Contractor for the services of CalRecycle’s staff for coordination or monitoring functions.
    
5. CONTRACTOR EVALUATIONS: If this Agreement is for consulting services, CalRecycle will evaluate the Contractor’s performance within sixty days of the completion of this Agreement and shall remain on file by CalRecycle for a period of thirty-six months. If the Contractor does not satisfactorily perform the work or service specified in this Agreement, CalRecycle will submit a copy of the negative evaluation to the Department of General Services (DGS), Office of Legal Services, within five (5) working days of the completion of the evaluation. Upon filing an unsatisfactory evaluation with the DGS, CalRecycle shall notify and send a copy of the evaluation to the Contractor within fifteen days. The Contractor shall have thirty days to prepare and send a written response to CalRecycle and the DGS. CalRecycle and the DGS shall file the Contractor's statement with the evaluation. (PCC section 10369). 
    
6. CONFIDENTIALITY/PUBLIC RECORDS: The Contractor and CalRecycle understand that each party may come into possession of information and/or data, which may be deemed confidential or proprietary by the person or organization furnishing the information or data. Such information or data may be subject to disclosure under the California Public Records Act, commencing with GC section 6250, or the PCC. CalRecycle agrees not to disclose such information or data furnished by Contractor and to maintain such information or data as confidential when so designated by Contractor in writing at the time it is furnished to CalRecycle, only to the extent that such information or data is exempt from disclosure under the California Public Records Act and the PCC. All information or data is subject to the Access to Records Clause, Clause G of Exhibit G.
    
7. CONFLICT-FUTURE BIDDING LIMITATION: Pursuant to Public Contracts Code section 10365.5:
   1. No person, firm, or subsidiary therefore who has been awarded a consulting services contract may submit a bid for, nor be awarded a contract for, the provision of services, procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of the consulting services contract. 
   2. Subdivision (a) does not apply to any person, firm, or subsidiary thereof who is awarded a subcontract of a consulting services contract that amounts to no more than ten (10) percent of the total monetary value of the consulting services contract.  
   3. Subdivisions (a) and (b) do not apply to consulting services contracts subject to Chapter 10 (commencing with section 4525) of Division 5 of Title 1 of the Government Code. 
       
8. CONSULTING SERVICES: If this Agreement is for consulting services, the Contractor is hereby advised of its duties, obligations and rights under PCC sections 10335 through 10381.
    
9. CONTRACTOR’S RESPONSIBILITY: The Contractor shall be responsible for all work and all persons and entities engaged in the performance of work pursuant to this Agreement, including, but not limited to, employees, contractors, subcontractors, suppliers, and providers of services. The Contractor shall be responsible for responding to any claims, controversies, and disputes arising from its contracts for work on the Operation, including the costs of attorney or legal fees. Additionally, in the event that CalRecycle determines the Contractor is responsible for any unapproved delay, loss, harm, or other damages to CalRecycle, the Contractor shall immediately implement all measures directed by the Contract Manager to remedy the issue at the Contractor’s sole expense. CalRecycle reserves the right to retain withheld funds in order to remedy any unapproved delay, loss, harm, or other damages it determines attributable to the Contractor.
    
   1. PROPERTY DAMAGE: Contractor shall be responsible for repairing, at its expense, all damage to property resulting from the Contractor's negligence. CalRecycle, pursuant to the below process, shall determine whether property damage resulted from negligence. If the Contractor remedies the damage through compensation, the Contractor shall provide documentation of the same to CalRecycle. The Contractor shall be responsible for reimbursing CalRecycle for any additional expenses incurred to remedy property damage. CalRecycle may deduct the cost of the repair or remedy from the Contractor’s compensation. 
      
            Property damage claims process:                 
      1. CalRecycle and the IMT will notify the Contractor within five (5) calendar days of receiving a property damage claim by providing Contractor a copy of the property damage claim. 
      2. CalRecycle and the IMT will investigate the property damage claim and within seven (7) calendar days of receiving the property damage claim, will make an initial finding of whether the damage occurred from Contractor negligence. Notice of this initial finding will be shared with the Contractor within twenty-four (24) hours. 
      3. Contractor has seven (7) calendar days from the date it receives the initial finding to request a redetermination through the submission of additional evidence to CalRecycle and the IMT. The Contractor may request additional time, the granting of which is subject to the sole discretion of CalRecycle.  
      4. CalRecycle and the IMT will consider any additional evidence that is submitted and issue a final determination within seven (7) calendar days of the receipt of additional evidence.  
      5. Contractor shall repair or otherwise remedy, to the satisfaction of CalRecycle, all property damage within thirty (30) calendar days of a final determination that property damage resulted from Contractor’s negligence, except that a Notice of Dispute pursuant to Paragraph 30 of Exhibit D shall toll such time to remedy pending the issuance of a determination of the Notice of Dispute.  
      6. Contractor shall submit a weekly status report to CalRecycle of all Property Damage Claims being remedied.   
          
   2. ROAD DAMAGES: General maintenance of roads or repair of damage to roads resulting from overall disaster response and recovery operations is not the responsibility of Contractor. However, if CalRecycle determines damages to roads exceeds normal wear and tear, Contractor shall repair or remedy such damage at the Contractor’s sole expense. If the Contractor remedies the damage through compensation, the Contractor shall provide documentation of the same to CalRecycle. The Contractor shall be responsible for reimbursing CalRecycle for any additional expenses incurred to remedy road damage. CalRecycle may deduct the cost of the road repair or remedy from the Contractor’s compensation.
       
10. COPYRIGHTS AND TRADEMARKS: The Contractor shall assign to CalRecycle any and all rights, title and interests to any copyrightable material or trademarkable material created or developed in whole or in any part as a result of this Agreement, including the right to register for copyright or trademark of such materials. The Contractor shall require that its subcontractors agree that all such materials shall be the property of CalRecycle. Such title will include exclusive copyrights and trademarks in the name of CalRecycle.
    For contracts of $5,000 or more, any document or written report prepared for or under the direction of CalRecycle, shall include a notation on the inside cover as follows:
    "Prepared as part of CalRecycle contract number [INSERT], Total Contract Amount $[INSERT] pursuant to Government Code Section 7550."
     
11. DELIVERABLES: All documents and/or reports drafted for publication by or for CalRecycle in accordance with this contract shall adhere to CalRecycle’s Contractor Publications Guide at www.calrecycle.ca.gov/Contracts/PubGuide/ and shall be reviewed by CalRecycle’s Contract Manager in consultation with CalRecycle editor.
     
12. ENTIRE AGREEMENT: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with the Attachments and/or Exhibits hereto, contains the entire Agreement of the parties.
     
13. ENVIRONMENTAL JUSTICE: In the performance of this Agreement, the Contractor shall conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low income populations of the State. (Government Code section 65040.12(e)).
     
14. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS: On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State. 
     
15. FORCE MAJEURE: Neither CalRecycle nor the Contractor, including the Contractor's subcontractor(s), if any, will be responsible hereunder for any delay, default or nonperformance of this Agreement, to the extent that such delay, default or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, or flood, or any other cause beyond the reasonable control of such party.
     
16. GRATUITIES: CalRecycle may terminate this Agreement if gratuities were offered or given by the Contractor, or any agent or representative of the Contractor, to any employee of CalRecycle, with a view toward securing a contract or securing favorable treatment with respect to awarding or amending or making a determination with respect to performance of this Agreement.
     
17. IMPRACTICABILITY OF PERFORMANCE: This Agreement may be suspended or cancelled, without notice at the option of the Contractor, if the Contractor’s or CalRecycle premises or equipment is 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.
     
18. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other 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 Contractor in the performance of this Agreement.
     
19. INSURANCE: Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, or employees. 
    1. Minimum Scope of Insurance
       Coverage shall be at least as broad as:
       1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001).
       2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto).
       3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

    2. Minimum Limits of Insurance
       Contractor shall maintain limits no less than: 

       General Liability: (Including operations, products & completed operations, as applicable.)	$2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this operation/location or the general aggregate limit shall be twice the required occurrence limit.
       Automobile Liability:	$1,000,000 per accident for bodily injury and property damage.
       Automobile Liability:	$1,000,000 per accident for bodily injury or disease.

    3. Deductibles and Self-Insured Retentions:
       Any deductibles or self-insured retentions applying to General Liability and Automobile Liability must be declared to and approved by the State. At the option of the State, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the State, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the State guaranteeing payment of losses and related investigations, claim administration and defense expenses. 
    4. Commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
       1. The State, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor.
       2. For any claims related to this operation, the Contractor’s insurance coverage shall be primary insurance as respects the State, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the State, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. 
       3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by U.S. mail.
    5. The workers’ compensation and employer’s liability policy shall be endorsed to contain the following provisions:
       The insurer waives any right of recovery the insurer may have against the State, its officers, officials, employees and volunteers because of payments the insurer makes for injury or damage arising out of the work done under contract with the State.
    6. Verification of Coverage: Contractor shall furnish the State with original certificates and amendatory endorsements effecting coverage as required in this section. All certificates and endorsements are to be received and approved by the State before work commences. The State reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. Any required endorsements requested by the State must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance. 
    7. Insurance companies issuing any of the policies required by these provisions shall have a rating classification of “A-” or better and a financial size category rating of “VII” or better according to the latest edition of the A.M. Best Key Rating Guide. Any other rating classification requires State approval. 
    8. Contractor shall ensure that all Subcontractors procure insurance meeting the requirements of these provisions.
    9. State Remedies: If Contractor fails to maintain the insurance required to be carried by these provisions in full force and effect at all times, the State, in its sole discretion, may terminate this contract.  
    10. Any required insurance contained in this Agreement shall be primary, and not excess or contributory, to any other insurance carried by the State. 
    11. Inadequate or lack of insurance does not negate the Contractor’s obligations under this Agreement. In the event the insurance coverages obtained by the Contractor is broader in scope or the limits are higher than those required under this Agreement, such scope and limits available to the Contractor shall also be available and applicable to the State.  
         
20. INTELLECTUAL PROPERTY: CalRecycle shall exclusively own all intellectual property rights in and to all work product, including, but not limited to, writings, ideas, inventions (whether patentable or not), discoveries, research, proposals, and all other results and work product of any nature whatsoever, that is created, authored, produced, conceived, or reduced to practice in the course of the performance of this Agreement. Such intellectual property rights, whether registered or unregistered, and including all applications for and renewals or extensions thereof, shall include, but are not necessarily limited to copyrights; trademarks, service marks, trade dress, trade names, logos, and domain names, together with all of the goodwill associated therewith; and patents. Contractor agrees, and shall cause all of its relevant personnel, including all employees, agents, subcontractors, and other personnel participating in any way in the creation or achievement of such work product, to agree, that any such work product that may qualify as “work made for hire” pursuant to 17 U.S.C. § 101 is hereby deemed a “work made for hire” for CalRecycle. To the extent that any of the work product does not constitute a “work made for hire” for CalRecycle, Contractor hereby irrevocably assigns to CalRecycle, and shall cause such personnel to irrevocably assign to CalRecycle, in each case without additional consideration, all rights, title, and interest throughout the world in and to the work product, including all intellectual property rights therein. Upon request of CalRecycle, Contractor shall promptly take, and shall cause its relevant personnel to promptly take, such further actions, including execution and delivery of all appropriate instruments of conveyance, as may be necessary to assist CalRecycle to prosecute, register, perfect, or record its rights in or to any such work product. 
     
21. LIABILITY FOR NONCONFORMING WORK: 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.
    
    In the event the Contractor fails to keep in effect at all times all required license(s) and permit(s), CalRecycle may, in addition to other remedies it may have, terminate this Agreement upon occurrence of such event. 
     
22. LICENSE OR 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 Agreement.
    
    In the event the Contractor fails to keep in effect at all times all required license(s) and permit(s), CalRecycle may, in addition to other remedies it may have, terminate this Agreement upon occurrence of such event. 
     
23. ORDER OF PRECEDENCE: In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply: Template 1: STD 213 - STANDARD AGREEMENT; EXHIBIT C: GENERAL TERMS AND CONDITIONS (incorporated by reference); EXHIBIT A: SCOPE OF WORK; EXHIBIT A1: DISASTER DEBRIS AND HAZARD TREE REMOVAL – SPECIAL PROVISIONS; EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS; EXHIBIT B1: RATE SHEET, EXHIBIT D: SPECIAL TERMS AND CONDITIONS; EXHIBIT G: FEMA PUBLIC ASSISTANCE PROGRAM CONTRACTS; Other exhibits in alphabetical order, beginning with E; Attachments in numerical order, beginning with the number one (1).
     
24. OWNERSHIP OF DRAWINGS, PLANS AND SPECIFICATIONS: CalRecycle will have separate and independent ownership of all drawings, design plans, specifications, notebooks, tracings, photographs, negatives, reports, findings, recommendations, data and memoranda of every description or any part thereof, prepared under this Agreement. The originals and all copies thereof will be delivered to CalRecycle upon request. CalRecycle will have the full right to use said originals and copies in any manner when and where it may determine without any claim on the part of the Contractor, its vendors or subcontractors to additional compensation.
     
25. PATENTS: The Contractor assigns to CalRecycle all rights, title, and interest in and to each invention or discovery that may be capable of being patented, that is conceived of or first actually reduced to practice in the course of or under this Agreement.
     
26. PREVAILING WAGE EMPLOYEES: The Contractor shall comply with Labor Code sections 1774 and 1775. Pursuant to section 1774, the Contractor and every subcontractor, regardless of tier, shall pay not less than the specified prevailing wage rates to all workers employed in the execution of the Contract. In accordance with section 1775, the Contractor shall forfeit to the State up to $200 for each day, or portion thereof, for each worker paid less than the prevailing wage rates for the work or craft in which the worker is employed for any work executed under the Contract by the Contractor or by any subcontractor, regardless of tier, in violation of the provisions of the Labor Code; and, in particular, Labor Code sections 1770 to 1780, inclusive. In addition to such forfeiture, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each day, or portion thereof, shall be paid to each underpaid worker by the Contractor. This provision shall not apply to properly registered apprentices. 
    1. Pursuant to Labor Code section 1770, the Director of the Department of Industrial Relations has ascertained the general prevailing rate of per diem wages and a general prevailing rate for legal holiday and overtime work for each craft required for execution of the Contract. The Contractor shall obtain copies of the prevailing rate of per diem wages from the Department of Industrial Relations, Division of Labor Statistics & Research, PO Box 420603, San Francisco, CA 94142-0603, (415) 703-4780; or wage rates may be accessed on the internet at https://www.dir.ca.gov/Public-Works/Prevailing-Wage.html.The Contractor is responsible to read, understand and comply with all the guidelines, including the fine print in the prevailing wage determinations; and shall post a copy of the prevailing wage rates, specific to the Operation, at the Operation site. 
    2. Wage rates set forth are the minimum that may be paid by the Contractor. Nothing herein shall be construed as preventing the Contractor from paying more than the minimum rates set. No extra compensation will be allowed by the State due to the inability of the Contractor to hire labor at minimum rates, nor for necessity for payment by the Contractor of subsistence, travel time, overtime, or other added compensations, all of which possibilities are elements to be considered and ascertained to the Contractor's own satisfaction in preparing the Bid Form. Contractor shall be responsible for any future adjustments to prevailing wage rates including but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. The Contractor is responsible for paying the appropriate rate, including escalations that take place during the term of the Agreement. 
    3. If it becomes necessary to employ crafts other than those listed in the General Prevailing Wage Rate booklet, the Contractor shall contact the Division of Labor Statistics and Research as noted above. The rates thus determined shall be applicable as minimum for the contract and incorporated in the bid. When the wage determination shows an expiration date (noted by a double asterisk**), to expire during the term of the contract, the Contractor must call or write the DIR to obtain the new rates and incorporate them in the bid to be applicable for the term of the contract. 
    4. The Contractor and each subcontractor, regardless of tier, shall keep an accurate payroll record showing the names, addresses, social security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Contractor and/or subcontractor in connection with the Work. Payroll records shall be certified and shall be on forms provided by the Division of Labor Standards Enforcement, or shall contain the same information as those forms. The Contractor's and subcontractor's certified payroll records for each employee shall be submitted with each payment request, covering the period of the payment request unless requested otherwise by the Labor Commissioner of the Department of Industrial Relations pursuant to Labor Code section 1771.4(c)(2)(b) monthly payrolls should be sent directly to the Department of Industrial Relations in the current prescribed electronic format. Refer to https://www.dir.ca.gov/public-works/certified-payroll-reporting.html for access to the electronic Certified Payroll (eCRP) Application.  At CalRecycle’s request, Contractor shall also provide copies of submitted certified payroll records. Contractor shall provide such copies, in redacted or unredacted form as specified by CalRecycle at the time of the request, within 7 calendar days of CalRecycle Contractor Manager’s request.
    5. Labor Compliance Monitoring and Enforcement: This Operation is subject to monitoring and enforcement by the Department of Industrial Relations (DIR), Compliance Monitoring Unit. All Contractors and subcontractors, regardless of tier, shall be required to comply with the Monitoring and Enforcement Program, including, but not limited to, contractor registration, submittal of electronic certified payroll reports directly to the DIR, and cooperation with on-site monitoring by DIR personnel. 
    6. Pursuant to Labor Code section 1771.1(a), Contractor and subcontractors listed in the bid submittal, if any, must be registered with the Department of Industrial Relations to engage in the performance of work on Public Works projects. Non-compliance shall result in rejection of submitted bids. Prime Contractors and all subcontractors shall maintain DIR registration throughout the life of the contract.   
    7. Potential bidders are advised to consult with the Department of Industrial Relations for questions regarding prevailing wage or skilled and trained workforce requirements’ applicability to this Operation. 
        
27. PUBLICITY AND ACKNOWLEDGEMENT: The Contractor agrees that it will acknowledge CalRecycle’s support whenever operations funded, in whole or in part, by this Agreement are publicized in any news media, brochures, or other type of promotional material.
     
28. RECYCLED-CONTENT PRODUCT PURCHASING: In the performance of this Agreement, the Contractor shall purchase used and/or recycled-content products as set forth on the back of the Recycled-Content Certification Form (Exhibit D, Attachment 1). For assistance in locating recycled-content products, please search the recycled-content product database available at: www.calrecycle.ca.gov/RCP. If after searching the database, contractors are unable to find the recycled-content products they are looking for, please notify CalRecycle’s Contract Manager. All recycled content products purchased or charged/billed to CalRecycle that are printed upon such as promotional items, publications, written materials, and other educational brochures shall have both the total recycled content (TRC) and the post-consumer (PC) content clearly printed on them. 
    
    In addition, any written documents such as, publications, letters, brochures, and/or reports shall be printed double-sided on 100% post-consumer (PC) paper. Specific pages containing full-color photographs or other ink-intensive graphics may be printed on photographic paper. The paper should identify the post-consumer recycled content of the paper (i.e., “printed on 100% post-consumer paper”). When applicable, the Contractor shall provide the Contract Manager with an electronic copy of the document and/or report for CalRecycle’s uses. When appropriate, only an electronic copy of the document and/or report shall be submitted and no hard copy shall be provided. 
     
29. REMEDIES: 
    Contractor shall perform all work pursuant to this Agreement in a safe, satisfactory, professional, efficient, and expeditious manner to the satisfaction of CalRecycle. Contractor shall provide CalRecycle safe access to each parcel to inspect and audit work conducted, the documentation provided, and the data required under this Agreement. CalRecycle shall not compensate the Contractor for any rework or deficient work.  
    
    Unless otherwise expressly provided herein, the rights and remedies hereunder are in addition to, and not in limitation of, other rights and remedies under the Agreement, at law or in equity, and exercise of one right or remedy will not be deemed a waiver of any other right or remedy. Failure to perform to the satisfaction of CalRecycle shall result in  one or more of the following remedies, including all remedies available at law. 
    1. STOP WORK NOTICE: Immediately upon receiving written notice from CalRecycle to stop work, the Contractor shall cease all work under this Agreement. Contractor shall not be entitled to claim compensation for a Non-Working Day bid item for the duration of the Stop Work Notice period. 
    2. NON-PAYMENT: In the event that CalRecycle determines the Contractor is responsible for any unapproved delay or damages caused by the Contractor, the Contractor shall immediately implement all measures directed by CalRecycle to remedy the issue at the Contractor’s sole expense.  CalRecycle reserves the right to retain withheld funds in order to remedy any unapproved delay or damages caused by the Contractor. 
    3. MANDATORY FIELD MEETING: In the event of a Contractor’s failure to comply with any condition or term of the Agreement, CalRecycle may issue a notice of Mandatory Field Meeting, which shall occur:
       1. at a field site location designated by CalRecycle,
       2. on a date and time specified in the Notice, and
       3. shall be attended by the person or person(s) with decision making authority for the Contractor. 
    4. NOTICE OF NON-COMPLIANCE: In the event of Contractor’s failure to comply with any condition or term of the Agreement, CalRecycle may issue a Notice of Non-Compliance in lieu of a Notice of Breach or Notice of Termination. Failure to cure the non-compliance within the timeframe specified in the Notice of Non-Compliance shall constitute a breach.
    5. NOTICE OF BREACH: In the event of Contractor’s breach of any condition or term of this Agreement, CalRecycle will provide Contractor written notice describing the breach.  If Contractor does not, within three (3) days after the notice is provided, 1) cure the breach described in CalRecycle’s Notice of Breach, or 2) if CalRecycle agrees the breach is not curable within three (3) days, cure the breach within the number of days specified by CalRecycle, Contractor shall be in default under this Agreement.
    6. REMEDIES FOR DEFAULT: In the event of Contractor’s default under this Agreement, CalRecycle shall be entitled to all remedies available at law including, but not limited to, termination of this Agreement, withholding of any amount billed, and/or recovery of funds disbursed. 
        
30. SETTLEMENT OF DISPUTES: In the event of a dispute during the term of a contract, the Contractor shall file a “Notice of Dispute” with CalRecycle’s Director or his/her designee within ten (10) days of discovery of the problem. Within ten (10) days, the Director or his/her designee shall meet with the Contractor and CalRecycle Contract Manager for the purpose of resolving the dispute.
    Within thirty (30) days of the meeting, CalRecycle shall issue its determination regarding the dispute. 
     
31. STOP WORK NOTICE: Immediately, upon receiving a written notice to stop work, the Contractor shall cease all work under this Agreement.
     
32. SUBCONTRACTORS: All Subcontractors previously identified in the bid/proposal submitted are considered to be acceptable to CalRecycle. Any change or addition of Subcontractors will be subject to the prior written approval of the Contract Manager or the Director or his/her designee. Upon termination of any Subcontract, the Contractor shall notify the Contract Manager or the Executive Director immediately. If CalRecycle or the Contractor determines that the level of expertise or the services required are beyond that provided by the Contractor or its routine Subcontractors, The Contractor will be required to employ additional Subcontractors. Nothing contained in this Agreement or otherwise, shall create any contractual relation between CalRecycle and any Subcontractors, and no Subcontract shall relieve the Contractor of its responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to CalRecycle 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 CalRecycle obligation to make payments to the Contractor. As a result, CalRecycle shall have no obligation to pay or to enforce the payment of any moneys to any Subcontractor.
     
33. SUBCONTRACTING WITH LOCAL BUSINESSES:
    1. To encourage the economic recovery and well-being of the residents of an area where a disaster or state of emergency has been declared, CalRecycle encourages the Contractor to use local businesses to the extent practicable and economically feasible in the performance of this Agreement. If the Contractor is unable to secure sufficient local businesses, it is encouraged to utilize California-based businesses. 
    2. For the purposes of this section local business means a business which has its headquarters within all impacted counties
    3. During the performance of this Agreement the contractor agrees, if subcontractors are to be let, to take the following steps to promote the use of local businesses:
       1. Place qualified local business on solicitation lists
       2. Assure local businesses are solicited whenever they are potential resources.
       3. Dividing total requirements and/or establishing delivery schedules whenever economically feasible into smaller tasks or quantities to permit participation by local businesses.
           
34. SUCCESSORS: The provisions of this Agreement will be binding upon and inure to the benefit of CalRecycle, the Contractor, and their respective successors.
     
35. TERMINATION FOR CONVENIENCE: CalRecycle shall have the right to terminate this Agreement at its sole discretion at any time upon thirty days written notice given to the Contractor. In the case of early termination, a final payment will be made to the Contractor upon approval by the Contract Manager of a financial report, invoices for costs incurred to date of termination and a written report describing all work performed by the Contractor to date of termination. 
     
36. UNRELIABLE LIST: Prior to authorizing a Subcontractor(s) to commence work under this Agreement, the Contractor shall submit to CalRecycle a declaration from the Subcontractor(s), signed under penalty of perjury, stating that within the preceding three years, none of the events listed in 14 CCR section 17050 have occurred with respect to the subcontractor(s). 
    
    Placement of Contractor on CalRecycle Unreliable List anytime after award of this Agreement may be grounds for termination of Agreement. If a Subcontractor is placed on CalRecycle Unreliable List after award of this Agreement, the Contractor may be required to terminate the Subcontract. 
     
37. WASTE REDUCTION: In the performance of this Agreement, the Contractor shall take all reasonable steps to ensure that materials purchased or consumed in the course of the Operation are utilized both effectively and efficiently to minimize the generation of waste. The steps should include, but not necessarily be limited to, the use of reusable products, the use of recyclable and compostable products, discretion in the amount of materials used, the provision of alternatives to disposal for materials consumed, and the practice of other waste reduction measures where feasible and appropriate.
     
38. WORK AUTHORIZATION: If this Agreement is for services as needed, or has clearly specified sub-categories a work authorization will be required before work can begin pursuant to this Agreement. The Contract Manager will make this determination, when work authorizations are required, the Contract Manager will prepare a work authorization for each item of work. Each work authorization, as appropriate, will consist of a detailed statement of the purpose, objectives or goals to be undertaken by the Contractor, identification of the Contractor/subcontractor team, all significant material to be developed and delivered by the Contractor, all materials to be furnished by CalRecycle to the Contractor, the Contractor’s estimated time schedule and person hours, billing rates and total cost of the work authorization.
    1. All work authorizations will be in writing, issued by CalRecycle and acknowledged by the Contractor prior to beginning work. However, in situations where expedience is of the utmost importance, the Contract Manager may verbally authorize the Contractor to begin work following up with written authorization. 
    2. The level of effort required for each work authorization will vary for each proposed operation. Therefore, the Contract Manager will establish the time lines for completion of duties to be performed at the time of assignment. 
    3. CalRecycle reserves the right to require the Contractor to stop or suspend work on any work authorization. The Contract Manager will provide, in writing to Contractor's Project Director, notice of the date work is to be halted or suspended. Approved costs incurred to that date shall be reimbursed in accordance with this Agreement’s provision. 
    4. Each work authorization will be numbered sequentially.
    5. The actual costs of a completed, approved work authorization will not exceed the authorized amount, except if, in the performance of the work, the Contractor determines that the actual cost will exceed the estimated costs; the Contractor will immediately notify the Contract Manager. Upon such notification, the Contract Manager may: 
       1. Alter the scope of the work authorization to accomplish the work within the estimated costs; or
       2. Augment the work authorization budget; or
       3. Authorize the Contractor to complete the work for the actual costs; or
       4. Terminate the work authorization.

The following clauses apply to this Agreement unless California law imposes a more restrictive standard.

1. EQUAL EMPLOYMENT OPPORTUNITY
   During the performance of this contract, the contractor agrees as follows:
   1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
      Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
   2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
   3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
   4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
   5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
   6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
   7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law
   8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.
      Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
      The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
      The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
      The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions; cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
       
2. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

Compliance with the Contract Work Hours and Safety Standards Act.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one (1) and one-half (1/2) times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
    
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of twenty-seven dollars ($27) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
    
3. Withholding for unpaid wages and liquidated damages. The State of California shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.
    
4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.

3. CLEAN AIR ACT
   1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. section 7401 et seq.
   2. The contractor agrees to report each violation to the California Air Resources Board and understands and agrees that the California Air Resources Board will, in turn, report each violation as required to assure notification to the Department of Resources Recycling and Recovery, the California Governor’s Office of Emergency Services, Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office.
   3. The contractor agrees to include these requirements in each subcontract exceeding one-hundred and fifty-thousand dollars ($150,000) financed in whole or in part with Federal assistance provided by FEMA.
       
4. THE FEDERAL WATER POLLUTION CONTROL ACT
   1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. sections 1251 et seq.
   2. The contractor agrees to report each violation to the State Water Resources Control Board and understands and agrees that the State Water Resources Control Board will, in turn, report each violation as required to assure notification to the Department of Resources Recycling and Recovery, the California Governor’s Office of Emergency Services, Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office.
   3. The contractor agrees to include these requirements in each subcontract exceeding one-hundred and fifty-thousand dollars ($150,000) financed in whole or in part with Federal assistance provided by FEMA.
       
5. DEBARMENT AND SUSPENSION CLAUSE
   1. This contract is a covered a transaction for the purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. section 180.995), or its affiliates (defined at 2 C.F.R. section 180.905) are excluded (defined at 2 C.F.R. section 180.940) or disqualified (defined at 2 C.F.R. section 180.935).
   2. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
   3. This certification is a material representation of fact relied upon by the Department of Resources Recycling and Recovery. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Department of Resources Recycling and Recovery, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
   4. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
       
6. BYRD ANTI-LOBBYING CLAUSE
   Byrd Anti-Lobbying Amendment, 31 U.S.C. Section 1352 (as amended)
   Contractors who apply or bid for an award of one-hundred thousand dollars ($100,000) or more shall file the required certification. Each tier certifies to the tier above that it will not and has not been used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. section 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
   Appendix A, 44 C.F.R. Part 18 – Certification Regarding Lobbying
   The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
   1. No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement.
   2. If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this Federal contract, grant, loan, or cooperative agreement , the undersigned shall complete and submit Standard Form-LLL, “Disclosure of Lobbying Activities”, in accordance with the instructions.
   3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31, U.S.C. section 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one-hundred thousand dollars ($100,000) for each such failure.

The Contractor, _______________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. section 3801 et seq., apply to this certification and disclosure, if any.

___________________________________________________________________
Signature of Contractor’s Authorized Official                                                Date

_______________________________________
Name and Title of Contractor’s Authorized Official
 

7. PROCUREMENT OF RECOVERED MATERIAL
   1. In the performance of this contract the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired:
      1. Competitively within a timeframe providing for compliance with the contract performance schedule;
      2. Meeting contract performance requirements; or
      3. At a reasonable price.
   2. Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines website, (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program).
   3. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
       
8. DOMESTIC PREFERENCE FOR PROCUREMENTS
   As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.
   
   For purposes of this clause:
   Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
   Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
    
9. PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES
   1. Definitions
      As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services As used in this clause.
   2. Prohibitions
      1. Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons.
      2. Unless an exception in paragraph 3. of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
         1. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
         2. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
         3. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or
         4. Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. 
   3. Exceptions
      1. This clause does not prohibit contractors from providing—
         1. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
         2. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
      2. By necessary implication and regulation, the prohibitions also do not apply to:
         1. Covered telecommunications equipment or services that:
            1. Are not used as a substantial or essential component of any system; and
            2. Are not used as critical technology of any system.
         2. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.
   4. Reporting Requirement
      1. In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph 4.b. of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
      2. The Contractor shall report the following information pursuant to paragraph 4.a. of this clause:
         1. Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
         2. Within 10 business days of submitting the information in paragraph 4.b.i. of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
   5. Subcontracts
      The Contractor shall insert the substance of this clause, including this paragraph 5, in all subcontracts and other contractual instruments.
       
10. ACCESS TO RECORDS
    The following access to records requirements apply to this contract:
    1. The Contractor agrees to provide the Department of Resources Recycling and Recovery, the California Governor’s Office of Emergency Services, the FEMA Administrator, the Controller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
    2. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever of to copy excerpts and transcriptions as reasonably needed.
    3. The contractor agrees to provide the FEMA Administrator or his authorized representative access to construction or other work sites pertaining to the work being completed under the contract.
    4. In compliance with the Disaster Recovery Act of 2018, the Department of Resources, Recycling, and Recovery and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.
        
11. DHS SEAL, LOGO, AND FLAGS
    The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. The contractor shall include this provision in any subcontracts. 
     
12. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS
    This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract only. The contractor will comply with all federal law, regulations, executive orders, FEMA policies, procedures, and directives.
     
13. NO OBLIGATION BY FEDERAL GOVERNMENT
    The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
     
14. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
    The contractor acknowledges the 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s action pertaining to this contract.
     
15. AFFIRMATIVE SOCIOECONOMIC STEPS
    If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1) – (5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.
     
16. LICENSE AND DELIVERY OF WORKS SUBJECT TO COPYRIGHT AND DATA RIGHTS
    The Contractor grants to the Department of Resources, Recycling, and Recovery a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the Department of Resources, Recycling and Recovery or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the Department of Resources, Recycling, and Recovery data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the Department of Resources, Recycling, and Recovery.