Specifications

Generator Maintenance, Inspection and Repair Services Bid Number 6000001312
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
SPECIAL TERMS AND CONDITIONS
Page 10 of 18
24. Notification of Personnel Changes
Contractor must notify the State, in writing, of any changes of those personnel allowed
access to State premises for the purpose of providing services under this Agreement. In
addition, Contractor must recover and return any State-issued identification card provided to
Contractor’s employee(s) upon their departure or termination.
25. Non Eligible Alien Certification
By signing this Agreement Contractor certifies, under penalty of perjury, that Contractor, who
is a sole proprietor, is not a nonqualified alien as that term is defined by the United States
Code (U.S.C.) Title 8, Chapter 14, Section 1621 et seq.
26. Hiring Considerations
If this Agreement is in excess of $200,000, the Contractor shall be required to give priority
consideration in filling vacancies in positions funded by the Agreement to qualified recipients
of aid under Welfare and Institutions Code Section 11200 et seq.
27. Contractor Employee Misconduct
During the performance of this Agreement, it shall be the responsibility of the Contractor
whenever there is an incident of use of force or allegation(s) of employee misconduct
associated with and directly impacting inmate and/or parolee rights, to immediately notify
CDCR of the incident(s), to cause an investigation to be conducted, and to provide CDCR
with all relevant information pertaining to the incident(s). All relevant information includes,
but is not limited to: a) investigative reports; b) access to inmates/parolees and the
associated staff; c) access to employee personnel records; d) that information reasonably
necessary to assure CDCR that inmates and/or parolees are not or have not been deprived
of any legal rights as required by law, regulation, policy and procedures; and e) written
evidence that the Contractor has taken such remedial action, in the event of unnecessary or
excessive force, or employee misconduct with inmates and/or parolees, as will assure
against a repetition of incident(s) or retaliation. To the extent that the information provided
by the Contractor fails to so assure CDCR, CDCR may require that any implicated
Contractor staff be denied access to and the supervision of CDCR inmates and/or parolees
at the facility and access to inmate and/or parolee records. Notwithstanding the foregoing,
and without waiving any obligation of the Contractor, CDCR retains the power to conduct an
independent investigation of any incident(s). Furthermore, it is the responsibility of the
Contractor to include the foregoing terms within any and all subcontracts, requiring that
subcontractor(s) agree to the jurisdiction of CDCR to conduct an investigation of their facility
and staff, including review of subcontractor employee personnel records, as a condition of
the Agreement.
28. Workers’ Compensation
Contractor hereby represents and warrants that Contractor is currently and shall, for the
duration of this Agreement, carry workers’ compensation insurance, at Contractor’s
expenses, or that it is self-insured through a policy acceptable to CDCR, for all of its
employees who will be engaged in the performance of this Agreement. Such coverage will
be a condition of CDCR’s obligation to pay for services provided under this Agreement.
Bid 6000001312
State of California
11/14/2013 2:35 PM
p. 113