RFP-26-801 - Fossil Gas Related Technical Assistance

ATTACHMENT 8
RFP-26-801
STANDARD AGREEMENT EXAMPLE
2.The term of this Agreement is:

ATTACHMENT 8
SCO ID: 3360- RFP-26-801
STANDARD AGREEMENT EXAMPLE
STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORllY NUMBER (If Applicable)
STD 213 (Rev. 04/2020)
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
State Energy Resources Conservation and Development Commission (Energy Commission)
CONTRACTING AGENCY ADDRESS CllY STATE ZIP
715 P Street. 3rd Floor MS-18 Sacramento CA 95814
PRINTED NAME OF PERSON SIGNING TITLE
Tatyana Yakshina Contracts, Grants and Loans Office Manager
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION (If Applicable)
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ATTACHMENT 8
STANDARD AGREEMENT EXAMPLE
EXHIBIT A
Scope of Work described in the RFP-26-801 Solicitation Manual.
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Attachment 8 - Exhibit A Fossil Gas Related Technical
Assistance

ATTACHMENT 8 - EXHIBIT B
Budget Detail and Payment Provisions
1. CONDITIONS FOR PAYMENT
A. No payment shall be made in advance of services rendered.
B. For services satisfactorily rendered, and upon receipt and approval of invoices, the
Energy Commission agrees to compensate the Contractor for actual allowable
expenditures incurred in accordance with Exhibit B. The rates in Exhibit B are rate
caps, or the maximum amount allowed to be billed. The Contractor can only bill for
actual expenses incurred for hours worked at the Contractor's and
subcontractor's actual labor and non-labor rates, not to exceed the rates
specified in Exhibit B.
C. The Contractor is not allowed to charge profit, fees or mark-ups on any subcontracted
budget item, including lower tier subcontracted amounts. Subcontractors are not
allowed to profit from their subcontractors' costs.
D. Each invoice is subject to the Energy Commission Agreement Manager's (CAM)
approval.
E. Payments shall be made to the Contractor for undisputed invoices. An undisputed
invoice is an invoice submitted by the Contractor for services rendered, and for which
additional evidence is not required to determine its validity. The invoice will be
disputed if all deliverables due for the billing period have not been received and
approved, if the invoice is inaccurate, or if it does not comply with the terms of this
Agreement. If the invoice is disputed, Contractor will be notified via a Dispute
Notification Form within 15 working days of receipt of the invoice.
F. Payment will be made in accordance with the Prompt Payment Act, Government Code
Chapter 4.5, commencing with Section 927, which requires payment of properly
submitted, undisputed invoices within 45 days of receipt or automatically pay late
payment penalties when applicable.
G. Final invoice must be received by the Energy Commission no later than 30 calendar
days after the Agreement termination date.
H. The State will pay for State or local sales or use taxes on the services rendered or
equipment, parts or software supplied to the Energy Commission pursuant to this
Agreement. The State of California is exempt from Federal excise taxes, and no
payment will be made for any taxes levied on employee's wages.
I. No payment will be made for costs identified in Contractor invoices that have or will be
reimbursed by another source, including but not limited to a government entity
agreement or subcontract or other procurement methods.
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2. PAYMENT TERMS
Check all that apply:
In Arrears
Itemized
Monthly
Quarterly
One-Time Payment
Flat Rate
Advance Payment to other California state agencies or federal government Not to
Exceed $ or % of the Agreement Amount
Reimbursement/Revenue
Other (Explain)
3. INVOICING PROCEDURES
A. Invoices shall be submitted in duplicate not more frequently than monthly. The
following certification shall be included on each invoice and signed by an authorized
official of the Contractor:
I certify that this invoice is correct and proper for payment, and reimbursement
for these costs has not and will not be received from any other sources, including
but not limited to a government entity contract, subcontract or other procurement
method.
B. The Energy Commission will accept computer generated or electronically
transmitted invoices. Electronic signatures are acceptable. The date of "invoice
receipt" shall be the date the Energy Commission receives the electronic copy.
Send invoices to:
California Energy Commission
Accounting Office, MS-2
invoices@energy.ca.gov
C. An invoice shall consist of, but not be limited to, the following:
1) Agreement number, date prepared, and billing period.
2) The Work Authorization number.
3) The Contractor's actual unloaded hourly labor rates by individual and
number of hours worked during the reporting period. Identify actual,
agreement, and billed amounts.
4) Non-Labor rates (fringe benefits, indirect overheads, general and
administrative, profit, etc.). Identify actual, agreement, and billed amounts
5) Other direct operating expenses, including equipment, travel, materials and
miscellaneous, etc.
6) Subcontractor expenditures.
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7) An indication of whether a subcontractor is a California Certified Small
Business or a Certified Disabled Veteran Business Enterprise.
8) Identify the specific task(s) and/or the categories of expenditures under the
applicable Work Authorization.
9) Consistent with the applicable Work Authorization budget provide current
billing, previously billed, budgeted amounts and balance of funds.
10) If applicable, the match fund expenditures.
11) All invoices must be accompanied by the following documentation to support
the expenditure:
a) Subcontractor invoices which shall include items 1-10 above for
corresponding information, if any, identified in the budget detail (e.g., if
the budget detail lists hourly labor rates, then the subcontractor's invoice
would include hourly labor rates).
b) Receipts for travel expenses.
c) Receipts for materials, miscellaneous, and/or equipment.
d) A report that documents the progress of the work during the billing
period; and
e) Any other deliverables due during the billing period.
4. RETENTION
The Energy Commission shall retain from each invoice ten per cent (10%) of that invoice,
excluding equipment invoices, pursuant to Public Contract Code section 10346. The
retained amount shall be held and released only upon approval that work has been
satisfactorily completed and the Final Report (if required) has been received and approved.
The Contractor must submit a separate invoice for the retained amount. Retained funds
may be withheld by the Energy Commission to compensate or credit for amounts that were
paid in error, or amounts that were paid but exceed the actual allowable incurred costs.
Retention may be released upon completion of a work authorization as each is
considered a separate and distinct piece of work (i.e. the work authorization is a stand-
alone piece of work and could be completed without other work authorizations). A work
authorization for administration or management of the Agreement and/or subcontractors
is not considered separate and distinct and retention will not be released early.
Retention for the administrative/management work authorization will be released upon
completion and approval of all Agreement final deliverables.
5. TRAVEL AND PER DIEM RATES
The Contractor shall be reimbursed for travel and per diem expenses using the Energy
Commission Contractor Travel Rates. The Contractor must pay for travel in excess of
these rates. The Contractor may obtain current rates from the Energy Commission's Web
Site at: http://www.energy.ca.gov/contracts/TRAVEL_PER_DIEM.PDF.
A. Before Contractor incurs travel costs and travels under this Agreement:
* CAM shall provide written authorization in a Work Authorization.
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* Work Authorization Manager or designee shall approve the trip details in writing
(e.g., by email).
* Contractor shall ensure that the trip is authorized in the WA and that sufficient
labor hours and travel budget remains in the WA to cover the trip expenses.
B. The Energy Commission will reimburse travel expenses from the Contractor's office
location. For purposes of payment, the Contractor's office location shall be
considered the office location where the Contractor's employees or, if applicable,
the employees of a subcontractor with responsibilities for this Agreement are
permanently assigned.
C. Travel receipts and documentation of travel expenses, including travel meals and
incidentals, shall be submitted with invoices requesting reimbursement from the
Energy Commission. The documentation must be listed by trip and include dates
and times of departure and return. The documentation must also include written trip
approval by the WA Manager or designee.
6. BUDGET CONTINGENCY CLAUSE
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 work identified
in Exhibit A, 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 to furnish any other
consideration under this Agreement and the Contractor shall not be obligated to perform
any provisions of this Agreement.
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.
7. RATES & CLASSIFICATIONS: CHANGES IN CONTRACTOR PERSONNEL OR
SUBCONTRACTOR PERSONNEL
This section contains provisions allowing rate and classification changes without a
formal amendment. Exhibit D contains the rules for adding or replacing personnel and
subcontractors listed in the Agreement. When a Contractor makes personnel and
subcontractor changes in accordance with Exhibit D that do not require a formal
amendment, the following rules explain the rates and classifications for which the
Contractor can invoice. Changes outside of these rules require a formal amendment to
the Agreement.
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A. New Personnel
If Contractor or a subcontractor adds new personnel after the Agreement has
been executed, the Contractor shall submit the new personnel's resume and
proposed job classification/rate, consistent with classifications/rates within the
respective budget, to CAM for review and approval. If the Agreement budget
includes a job classification with the person identified as "To Be Determined",
and a person is later identified, this person is considered to be new personnel.
The new personnel shall not provide services until the CAM approves the new
personnel request in writing and notifies the Energy Commission Agreement
Officer (CAO). Any work performed by these new personnel prior to CAM
approval is at Contractor's expense; the Energy Commission will not reimburse
Contractor for work performed by these new personnel that occurs prior to CAM
approval.
B. Labor Rates & Classifications
The Agreement budget identifies individuals and/or job classifications and the
maximum rates that the Contractor can invoice for them. The Contractor shall
only invoice for the actual rates up to the maximum amount listed. Contractor
can only increase rates or add new job classifications to the Agreement through
a formal amendment to this Agreement.
1. Contractor Changes: Addition or Replacement of Personnel
a) Labor Rates
If the Contractor adds a new person to a job classification listed in the
Contractor's budget or replaces a person listed in the Contractor's
budget, the Contractor can only invoice for the new person's actual rate
up to the maximum amount listed for that classification in the Contractor's
budget. The Contractor cannot use for its personnel a rate of a
subcontractor.
b) Classifications
Additions or replacement of personnel can only be made within existing
job classifications identified in the Contractor's budget. The Contractor
cannot use for its personnel a job classification of a subcontractor. The
new person must be invoiced within job classifications that already exist
in the budget for the Contractor. If the Contractor wishes to add a new
job classification to the Agreement (for instance to bring in a new person
or possibly promote a person) this will require a formal amendment to the
Agreement.
c) Promotions
Contractor personnel listed in the Contractor's budget can be moved to a
higher-paying job classification listed in the Contractor's budget with prior
written approval of the CAM and the appropriate Division Deputy Director.
The written approval must be submitted to the CAO.
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2. Subcontractor Changes: Addition or Replacement of Personnel
a) Labor Rates
If a subcontractor adds a new person to a job classification listed in the
subcontractor's budget or replaces a person listed in the subcontractor's
budget for that subcontractor, the subcontractor can only invoice for the
new person's actual rate up to the maximum amount listed for that
classification in the subcontractor's budget. The subcontractor cannot
use for its personnel a rate of another subcontractor or of the Contractor.
b) Classifications
Additions or replacement of personnel can only be made within existing
job classifications identified in the subcontractor's budget. The
subcontractor cannot use for its personnel a job classification of another
subcontractor or of the Contractor. The new person must be invoiced
within job classifications that already exist in the budget for the
subcontractor. If the subcontractor wishes to add a new job classification
to the Agreement (for instance to bring in a new person or possibly
promote a person) this will require a formal amendment to the
Agreement.
c) Promotions
Subcontractor personnel listed in the subcontractor's budget can be
moved to a higher-paying job classification listed in the subcontractor's
budget with prior written approval of the CAM and the appropriate
Division Deputy Director. The written approval must be submitted to the
CAO.
C. Changes in Assigned Personnel Hours
Contractor may move dollars allocated for a specific person (employee or
subcontractor) to another person listed in an Agreement or Work Authorization
budget. However such changes cannot change the amount of the budget for the
task or labor category. If a change in personnel will result in a change in the
dollar amount of the task or in the labor category, then refer to the Budget
Reallocation provision in this Exhibit B.
8. BUDGET REALLOCATION
J. The Energy Commission, through its CAM and CAO, and the Contractor can agree
upon and make certain budget reallocations without a formal amendment to this
Agreement as long as ALL of the following conditions are met:
1) For agreements without work authorizations, the total of all budget
reallocations cannot exceed ten percent (10%) with a cap amount of
$150,000 of the Agreement Amount. For purposes of this provision,
"Agreement Amount" means the total amount of Energy Commission funds
being paid to Contractor under this Agreement. It does not include any
match funds provided by Contractor.
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For example, if under an agreement the Energy Commission agrees to pay
a contractor $100,000 and the contractor is supplying $500,000 in match
funding, the ten percent (10%) limitation applies to the $100,000. Only up to
$10,000 of Energy Commission funds can be reallocated without a formal
amendment. If under an agreement the Energy Commission agrees to pay
a contractor $1,750,000, ten percent would be $175,000, but the cap is
$150,000, so the most that could be reallocated without a formal
amendment is $150,000.
For agreements with work authorizations, budget reallocations up to ten
percent (10%) with a cap of $150,000 of the entire agreement can be made.
Budget reallocations up to ten percent (10%) of each work authorization can
be made so long as the total amount of all work authorization budget
reallocations does not exceed 10 percent of the agreement amount and is
within the cap of $150,000. For example, assume an Agreement Amount is
$175,000 and the agreement has two work authorizations, WA1 and WA2.
WA1 has a budget of $100,000, and WA2 has a budget of $50,000.
$10,000 (10% of $100,000) can be moved within WA1. $5,000 (10% of
$50,000) can be moved within WA2. In addition to this, $2,500 (10% of
$25,000, the Agreement Amount of $175,000 minus the combined work
authorization budgets of $150,000) can be made to the portion of the
Agreement Amount not associated with work authorizations. The total of
these budget reallocations does not exceed ten percent of the total
agreement amount or the $150,000 cap.
2) The budget reallocation cannot substantially change the Scope of Work.
Examples of budget reallocations that do not substantially change the
Scope of Work include, but are not limited to, the following:
* Increasing or decreasing the overall travel budget. This does not mean
an increase to the allowed per diem rates under this Agreement.
* Increasing or decreasing the equipment budget.
* Increasing or decreasing the number of personnel assigned to complete
tasks. This does not include increasing the hourly rates of the personnel
and classifications listed in the budget. Increasing hourly rates requires
a formal amendment. The addition of personnel also requires a formal
amendment unless there is already an identified classification of rates in
the budget that the new personnel will be filling.
3) The budget reallocation only involves moving funds between tasks or
categories. The total Agreement Amount and the total budget of any work
authorizations must remain unchanged. Increasing the total amount of the
Agreement requires a formal amendment.
4) The budget reallocation does not increase the percentage rate of Indirect
Overhead, Direct Overhead, Fringe Benefits, General and Administrative
Costs, Profit, or any other rates listed in the budget. For example, if an
agreement budget lists the Indirect Overhead percentage rate as 25% of
Direct Labor, the 25% cannot be changed without a formal amendment.
Another example is that if a contractor listed that its profit rate is 8% of the
total agreement, to increase this rate would require a formal amendment.
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