Specifications

Generator Maintenance, Inspection and Repair Services Bid Number 6000001312
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
SPECIAL TERMS AND CONDITIONS
Page 6 of 18
Evidence of such bond shall be supplied to CDCR prior to employment of the ex-offender.
15. Electronic Waste Recycling
The Contractor certifies that it complies with the requirements of the Electronic Waste
Recycling Act of 2003, Chapter 8.5, Part 3 of Division 30, commencing with Section 42460
of the Public Resources Code, relating to hazardous and solid waste. Contractor shall
maintain documentation and provide reasonable access to its records and documents that
evidence compliance.
16. Tax
The State of California and Contractor will each bear their own respective federal, state and
local tax liabilities arising from this Agreement. It is expressly understood that neither the
State nor the Contractor will assign, shift, pass on or otherwise assume the tax liabilities of
the other party.
17. Licenses and Permits
The Contractor shall be an individual or firm licensed to do business in California and shall
obtain at Contractor’s expense all license(s) and permit(s) required by law for accomplishing
any work required in connection with this Agreement.
In the event any license(s) and/or permit(s) expire at any time during the term of this
Agreement, Contractor agrees to provide CDCR with a copy of the renewed license(s)
and/or permit(s) within thirty (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.
18. Permits and Certifications from State Board of Equalization
This solicitation and any resulting Agreement shall be subject to all requirements as set forth
in Sections 6487, 7101 and Sections 6452.1, 6487.3, 18510 of the Revenue and Taxation
Code, and Section 10295.1 of the Public Contract Code requiring suppliers to provide a
copy of their reseller’s permit or certification of registration and, if applicable, the permit or
certification of all participating affiliates, issued by California’s State Board of Equalization.
Failure of the supplier to comply by supplying the required permit or certification will cause
the supplier’s bid response to be considered non-responsive and their bid rejected. Unless
otherwise specified in this solicitation, a copy of the reseller’s permit or certification of
registration must be supplied within five (5) State business days of the request made by the
State.
19. Darfur Contracting Act
Effective January 1, 2009, CDCR generally cannot contract with “scrutinized” companies
that do business in the African nation of Sudan, as described in Public Contract Code
Sections 10475-10478. A company that currently has (or within the previous three years
has had) business activities or other operations outside of the United States must certify that
it is not a “scrutinized” company when it submits a bid or proposal to CDCR. A scrutinized
Bid 6000001312
State of California
11/14/2013 2:35 PM
p. 109