Specifications

Generator Maintenance, Inspection and Repair Services Bid Number 6000001312
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
SPECIAL TERMS AND CONDITIONS
Page 4 of 18
that is independently developed by the Contractor outside the scope of the Agreement or is
rightfully obtained from third parties.
No reports, information, inventions, improvements, discoveries, or data obtained, repaired,
assembled, or developed by the Contractor pursuant to this Agreement shall be released,
published, or made available to any person (except to the State) in violation of any state or
federal law.
Contractor by acceptance of this Agreement is subject to all of the requirements of California
Government Code Section 11019.9 and California Civil Code Sections 1798, et seq.,
regarding the collection, maintenance, and disclosure of personal and confidential
information about individuals.
6. Liability for Loss and Damages
Any damages by the Contractor to the State’s facility including equipment, furniture,
materials or other State property, will be repaired or replaced by the Contractor to the
satisfaction of the State at no cost to the State. The State may, at its option, repair any such
damage and deduct the cost thereof from any sum due Contractor under this Agreement.
7. Computer Software Management Memo
Contractor certifies that it has appropriate systems and controls in place to ensure that state
funds will not be used in the performance of this Agreement for the acquisition, operation or
maintenance of computer software in violation of copyright laws.
8. Accounting Principles
The Contractor will adhere to generally accepted accounting principles as outlined by the
American Institute of Certified Public Accountants. Dual compensation is not allowed; a
Contractor cannot receive simultaneous compensation from two or more funding sources for
the same services performed even though both funding sources could benefit.
9. Liability for Nonconforming Work
All work provided by the Contractor shall conform to the latest requirement of federal, state,
city and county regulations. Contractor is responsible for compliance with all applicable
laws, codes, rules and regulations in connection with work performed under this Agreement.
The Contractor will be fully responsible for ensuring that the completed work conforms to the
agreed upon terms. If nonconformity is discovered prior to the Contractor’s deadline, the
Contractor will be given a reasonable opportunity to cure the nonconformity. If the
nonconformity is discovered after the deadline for the completion of the project, CDCR, in its
sole discretion, may use any reasonable means to cure the nonconformity. The Contractor
shall be responsible for reimbursing CDCR for any additional expenses incurred to cure
such defects.
10. Subcontractor/Consultant Information
Contractor is required to identify all subcontractors and consultants who will perform labor or
render services in the performance of this Agreement. Additionally, the Contractor shall
Bid 6000001312
State of California
11/14/2013 2:35 PM
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