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HomeMy WebLinkAboutMINUTES - 07271993 - 1.42 TO: Y BOARD OF SUPERVISORS 1 -.-. 4 2 FROM: Mark Finucane, Health Services Director k - �,� Contra By: Elizabeth A. Spooner, Contracts Administrator Costa DATE: July 15, 1993 40 County SUBJECT: Approve Standard Agreement #29-208-45 with the State Department of Health Services for the Immunization Assistance Program SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Chair, Board of Supervisors, to execute on behalf of the County, Standard Agreement #29-208-45 with the State Department of Health Services, in the amount of $204,761, for the period from July 1, 1993 through June 30, 1994, for continuation of the Immunization Assistance Program. II. FINANCIAL IMPACT: Approval of this agreement by the State Department of Health Services will result in $204,761, for the period from July 1, 1993 through June 30, 1994, for continuation of the Immunization Assistance Program. Sources of funding are as follows: $ 50,687 State Funds 154.074 Federal Subvention Funds (via the State) $204,761 TOTAL FUNDS No County funds are required. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: On June 15, 1993, the Board of Supervisors approved submission of Funding Application #29-208-44, to the State Department of Health Services, for continuation of the long-standing Immunization Assistance Program. Standard Agreement #29-208-45 is the result of that application and provides funding to continue services through June 30, 1994. The County's Immunization Program makes immunizations available to all persons in need of such service in order to prevent the occurrence and transmission of childhood diseases; and under the terms of this Contract, the State provides free vaccine to the County. The Program monitors the compliance of preschools, elementary schools, and secondary schools in meeting State-mandated immunization requirements through inservice programs and limited technical assistance. An adverse reaction monitoring system and outbreak control team are also included in the Program. The Board Chair should sign eight copies of this agreement, seven of which should then be returned to the Contracts and Grants Unit for submission to the State. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN ATIO OF BOARD COMMITTEE +•c•-� APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Wendel Brunner, M.D. (313-6712) C C: Health Services (Contracts) ATTESTED D.� 2 Auditor-Controller (Claims) Phil iatcheloryclerk of Ae Board of State Department of Health Services supery' � 11�yAdm1i91st(etQ[ M382/7-83 BY DEPUTY STATE OF CA!'1,^RNLA 9 4 2 STANDARD AGREEMENT— APPROVED BY THE CONTRACT NUMBER AM.No. STD.2(REv.5-91) ATTORNEY GENERAL 93-17657 00 TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMaER THIS AGREEMENT,made and entered into this 1St day of June l9 93 94-6000509 in the State of California,by and between State of California,through its duly elected or appointed,qualified and acting TITLE OF OFFICER ACTING FOR STATE AGENCY Chief, Program Support Branch Department of Health Services ,hereafter called the State,and CONTRACTOR'S NAME � � 0 QQ _ COUNTY OF CONTRA COSTA (Health Services) ,hereafter called the Contractor. WPTNESSETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expressed, does hereby agree to furnish to the Sfate services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor, time for performance or completion,and attach plans and specifications,if any.) 1. The Contractor shall complete the objectives as stipulated in the attached Exhibit "A" entitled 'Terms" consisting of sox pages and made a part of this agreementby this reference. 2. The attached Exhibit"B"entitled"Budget"consisting of four pages is made a part of this agreement by this reference. 3. The attached Exhibit"C"entitled"Project Summary and Budget Justification"consisting of three pages is made a part of this agreement by this reference. 4. The attached Exhibit"D"entitled"Prior to July 1,1993 Language"consisting of one page,is incorporated herein and made a part hereof by this reference in recognition of both parties that the validity and effectiveness of this contract are conditioned upon the availability of funds in the Budget Act of 1993. 5. The attached Exhibit"A(F)"entitled"Additional Provisions"consisting of twenty-seven pages is made a part hereof by this reference. 6. The attached Exhibit"A1"entitled"Equipment Purchased with State Funds"consisting of one page is made a part of this agreement by this reference. 7. The attached Standard Form 17A entitled "Nondiscrimination Clause"consisting of one page is incorporated herein and made a part hereof by this reference. 1 CONTINUED ON SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date fust above written. STATE OF CALIFORNIA CONTRACTOR AGENCY coN � NY � N FgllePetc)of Health Services 9rvlces) 44 BY(AUTHORI IGNATURE) BY(AUTHORIZF,DSIG:mmReT_� syr / ✓, PRINTED NAY PE ON SIGNINGSUPPORT 'PRINTED NAME AND TITLE OF PERSON SIGNING PkOfitAM f:01W E. SIAHLBERG CNIEF Chair, Board of Supervisors TITLE ADDRESS 651 Pine Street Chief, Program Support Branch Martinez, CA 94553 AMOUNT ENCUMBERED BY THIS PROGRAM ATEGORY CODE AND TITLE) FUND TITLE Department of General Services DOCUMENT Local Assistance /Clearing Account General use only $ 204,761.00 (OPTIONAL USE PRIOR AMOUNT ENCUMBERED FOR FFP 175.2% Federal Catalog#93.268 THIS CONTRACT $ 0 ITEM 4260-111-001 CHAPTER I STATUTEF{SCAL YEAR 4260-001-001 1993 1993/94 TOTAL AMOUNT ENCUMBERED TO DATE 1[76W—CCTr3!Xgy91 9I$ 204,761.00 �/ 35651581-93-$154,074.00 93-51343-4470-70 - $9;0 SATAQ I hereby certify upon my own personal knowledge that budgeted funds T.B.A.NO. B.R.NO. are available for the period and purpose of the expenditure stated above. SIGNATURE OF ACCOUNTING OFFICER ;:DATE El CONTRACTOR STATE AGENCY DEPT.OF GEN.SER. CONTROLLER Contractor: County of Contra Costa Contract No.: 93-17657 (Health Services) Page 2 8. The period of this contract shall be from July 1, 1993 through June 30, 1994. 9. Limitation of State Funding. a. Under the terms of this contract for Fiscal Year 1993/94 ending June 30, 1994,the maximum amount payable shall not exceed$50,687. 10. Limitation of Federal Funding. a. Under the terms of this contract for the period July 1, 1993 through June 30, 1994,the maximum amount payable shall not exceed$154,074. 11. Underthe terms of this contract,the combined maximum amount of state and federal funds payable through June 30,1994 shall not exceed$204,761. 12. In accordance with Public Law 98-502 and OMB Circular A-128, it is stipulated between the parties hereto that: 1. The cost of the single audit will be charged to the federal assistance program providing funds for this agreement. 2. The Contractor shall include a clause in any contract the Contractor enters into with the audit firm doing the single audit to provide access by the State or Federal Government to the working papers of the independent auditor who prepares the single audit for the Contractor. 13. Contractor agrees that this contract is subject to examination and audit by the State,including the Auditor General,for a period of three years after final payment under said contract. e ' EXHIBIT A(Pediatric-IAP Continued) FY 1993-94 Page 2 e.) Assure that the importance of completing the recommended schedule of immunizations is discussed with all patients(or parents of patients) receiving immunizations at the public clinics. f.) Assure that the date the next vaccine dose(s) are due is given in writing to the patient or parent. The appropriate space on the CIR may be used for this purpose. g.) Within the health jurisdiction, the Contractor will strive to implement and maintain public immunization clinic reminder/recall systems among all medical providers, who receive state- supplied vaccines,to improve age-appropriate immunizations of preschool-age children. h.) In accordance with current Immunization Branch guidelines, which were furnished to the contractor by the State,the Contractor must participate in the national Vaccine Adverse Events Reporting System (VAERS)for adverse events following immunization. 2.) Immunization Assessment Levels a.) In accordance with the guidelines and timetables provided by the Immunization Branch, the Contractor must coordinate the assessment of the immunization levels of child care centers, Head Start Centers, and kindergarten entrants. b.) Through coordination with Immunization Branch Representatives, county health authorities and local child care center and school authorities,the Contractor must make efforts to ensure that all (100%) child care centers, Head Start centers and schools fully enforce existing regulations pertaining to the immunization of children admitted to such institutions. c.) Annually,within the health jurisdiction,the Contractor shall select at least a 20%representative random sample of public clinics who receive state-supplied vaccine. Of the public clinics selected, the Contractor shall conduct immunization record audits of children (24 months - 35 months old) who are served by the clinics. The sampling technique and immunization clinic record methodology must be compatible with the methodology of the Immunization Branch (formerly Immunization Unit)of the Caldomia Department of Health Services. The record audit specifications (with additional detailed guidelines), if requested, will be provided to the Contractor by the CDHS Immunization Branch. 3.) Immunization of Infants and Preschool Children In addition to the above stated activities,the Contractor agrees to the following activities intended to assure the age-appropriate immunization of infants and preschoolers who reside within the Contractor's jurisdiction. a.) Make efforts to ensure that the immunization status of infants and children receiving services through programs such as CHDP, MCH, AFDC, and WIC is assessed and that a system is established to ensure age-appropriate immunization. b.) Promote immunization information and education of parents with newborn children through all hospitals with matemity services within the Contractor's jurisdiction. 4.) Vaccine Preventable Disease Surveillance and Outbreak Control a.) Establish and maintain an effective system for identification and reporting of suspect, probable and confirmed cases of vaccine preventable diseases. Sources of surveillance information should include practicing physicians, outpatient clinics, hospitals, schools, child care centers and Head Start centers. Active surveillance is only required during outbreaks of measles. b.) Investigation and Control of Measles 1.) Investigation of all reported suspect, probable and confirmed cases of measles must be EXHIBIT A TERMS SECTION 1. TERMS AND CONDITIONS The Contractor must agree to the following inclusive objectives and conduct the following activities. Please note that many of these Terms and Conditions are also objectives and activities required by the Federal Government and are conditions for funding of the California Immunization Program and/or statutory requirements of State and local health departments. The level of subvention contract funding to be awarded is not represented as sufficient for support of all the required activities; a significant amount of local support and funding is expected. Subvention contract funds must not be used to supplant (i.e., replace) local funds currently being expended for routine immunization services and activities. Subvention funds can only be used for the activities outlined in the budget justification. A. Objectives: 1.) Raise to (or maintain) immunization levels of 98% or greater for each of the legally required immunizations among all kindergarten entrants and incoming transfer students to schools within the Contractor's jurisdiction. 2.) Raise age-appropriate immunization levels to 95% or greater among infants and preschool-age children residing within the Contractor's jurisdiction. 3.) During the twelve-month (12) period of this agreement, the number of fourth doses of DTP administered in public clinics to children before their second birthday will increase by ten percentage (10%) points compared to the number administered to children of the identical age during the preceding twelve-month (12) period. 4.) Through prevention, surveillance and outbreak control, reduce, and if possible eliminate, illness, disability and death due to vaccine preventable diseases such as polio, diphtheria, tetanus, pertussis, measles, rubella, mumps, hepatitis B, and Haemophilus Influenzae Type b within the Contractor's jurisdiction. B. Specific Pediatric Activities: 1.) Immunization Clinic Services a.) apt staffing in existing regularly scheduled public immunization clinics and/or expand clinics in more locations on more days with longer hours which are reasonably accessible to parents of children who reside within the Contractor's jurisdiction. b.) Clinic policies must allow for the immunization of all susceptible infants, children, adolescents and adults who visit within the scheduled hours of operation regardless of their city, county or state of residence. c.) Public immunization clinic policies and practices must be in general accordance with the current recommendations approved by the U.S. Public Health Service and endorsed by the American Academy of Pediatrics (AAP) as specified in the 'Standards for Pediatric Immunization Practices. (Note: ' The Standards represent the consensus of the National Vaccine Advisory Committee (NVAC) and of a broad group of medical and public health experts about what constitute the most desirable immunization practices. The Standards are expected to be useful as a means of assisting providers to identify needed changes, to obtain resources N necessary, and to actually implement the desirable immunization practices.) Accordingly, appropriate in-service training shall be instituted to assure compliance with the Standards. d.) Each patient (or patient's parents) receiving"pediatric" immunizations through the Contractor's public clinics must be provided a new or updated Cal'rfomia Immunization Record (CIR). The month,day and year of each immunization must be recorded on the CIR. EXHIBIT A(Pediatric-IAP Continued) FY 1993-94 Page 4 Contractor submit an explanation of the need for such excess with the claim for reimbursement and to specifically identify the line item(s) to be reduced in order to increase the excess Rem(s) and provided further that the State reserves the right to deny any such claim for any excess reimbursement on any item. It is further understood that in no event shall the maximum amount payable under this agreement exceed the maximum amount specified in paragraph 11 of the Standard Agreement. 10.) It is agreed by the Contractor that in the event that a significant portion of the Contract objectives for the initial four months of the Contract are not met by that time; and in the event that the State determines from quarterly invoices, performance reports, and other sources of information that the Contractor will not perform the total quantity of services contracted for; and that therefore,the total budget allocation will not be depleted; the State and/or Contractor may make an equitable adjustment in the original Contract budget and Contract objectives in order to decrease the total quantity of services and commensurate Contract amount. Any adjustment shall be by amendment only and duly executed by both parties and approved by the Department of General Services (if applicable). SECTION It. TERMS AND CONDITIONS FOR RECEIPT OF VACCINE PURCHASED WITH STATE OF CALIFORNIA OR FEDERAL FUNDS The local health department receiving vaccine purchased with State of California/Federal funds, herein called State purchased vaccines, agrees to the following terms and conditions. 1.) Prior to receipt of an immunization,all patients(or their parents or legal guardians) must be: a.) provided a copy of the current "Important Information" statement and/or "Vaccine Information Pamphlet"for each vaccine dose to be administered (in the case of hepatitis B vaccine given to newborn infants this can be provided to the mother during prenatal care or within 12 hours after delivery); b.) provided a reasonable opportunity to read the "Important Information" statement(s) and/or "Vaccine Information Pamphiet(s)"; c.) provided an opportunity to ask questions and have questions answered concerning the benefits and risks of each immunization; d.) specifically asked if they understand the information provided to them and if they have any questions; e.) given a telephone number to call should the patient become ill and have to visit a physician, clinic or hospital within the 28 days following the immunization; Q provided the authorized appropriate translations of the "Important Information"statements and/or "Vaccine Information Pamphlets" if English is not their first language and their language is one for which the State has made translations available. The Immunization Branch will supply to all local health departments camera-ready copies of the current "Important Information" statements and a supply of the "Vaccine Information Pamphlets" in English and Spanish. In addition, should a sufficient need exist, the Immunization Branch will arrange for authorized translations and provide camera-ready copies of the "Important Information" statements and a supply of"Vaccine Information Pamphlets"in other languages. 2.) If a signature card or clinic log is used in lieu of the bottom portion of the "Important Information" statement and/or "Vaccine Information Pamphlet",the patient (or parent or legal guardian) must read the following statement which is required to appear at the top of the signature record card or i EXHIBIT A(Pediatric-IAP Continued) . FY 1993-94 Page 3 initiated within one working day of receipt of a report by the Contractor. 2.) Outbreak control procedures in accordance with the guidelines of the Immunization Branch must be initiated by the Contractor within two working days of determination of a probable or confirmed measles case. C. Required Reports 1.) Reports of Local Program Progress and Activities In accordance with the guidelines and format provided by the Immunization Branch,the Contractor shall submit,through his/her Immunlzatlon Branch District Field Representative. to the Branch identified in paragraph 6 of Section I in this Exhibit, by the 15th of the month following the end of each quarter, a written quarterly report of progress and activities. In addition to the written report the Contractor and Project Liaison,or his designee, may meet and discuss the above matters in person. 2.) Upon completion of the investigation of each probable or confirmed measles case, a completed investigation form must be submitted to the Immunization Branch. 3.) Contractor agrees that itemized QQrsonnel positions listed in said Exhibit B shall not be subject to Contractor's personnel policy decisions to refrain from filling vacant positions. The total amount of the contract will be indicated as either some part, or all, of the total operations budget. If the total amount of the contract is less than the total operations budget, the Contractor will be responsible for providing the difference between the total amount of the contract and the total operations budget. Further, all invoices to the State which request reimbursements for positions included in Exhibit "B" must include the name and Social Security number of the persons that have performed in these positions, 4.) The Contractor shall provide for any personnel or operating expenses that are necessary to meet the provisions included herein but are not provided for in the Budget included as Exhibit "B". 5.) The Contractor shall submit through his/her Immunization Branch District Field Representative.to the Branch identified in paragraph 6 of Section I in this Exhibit, on or before the 3rd of the month following the report month, a written Monthly Vaccine Usage Report in the form prescribed by the State Department of Health Services, Immunization Branch. 6.) All reports, other than those required to be directed to the District Field Representatives, invoices, and other written communications are to be addressed and delivered to the State Department of Health Services, Immunization Branch, 2151 Berkeley Way, Berkeley, California 94704. 7.) The State reserves the right to use and reproduce all reports and data produced and delivered pursuant to this Contract and reserves the right to authorize others to use or reproduce such materials, provided that the confidentiality of patient information and records are protected pursuant to Califomia State laws and regulations. 8.) This Contract may be terminated by either party upon 30 days' written notice to the other party. Further, this Contract may be terminated or suspended upon written notification by the State at any time for failure on the part of the Contractor to comply with any of the provisions contained herein. 9.) In consideration of the above services, performed in a manner acceptable to the State, the State shall reimburse the Contractor quarterly, in arrears, upon submission of a quarterly invoice by Contractor on Contractor's letterhead, in quadruplicate stating the time period covered, stating the contract number, for actual expenditures in accordance with the budget (attached hereto and shown as Exhibit "B"), to: Department of Health Services, Immunization Branch, 2151 Berkeley Way, Room 712, Berkeley, CA 94704. The Contractor may make changes in any individual line item in the budget, provided that such changes in the sum total does not exceed $10,000 that the EXHIBIT A(Pediatric-IAP Continued) FY 1993-94 Page 5 log sheet and then sign for each antigen administered: "I have been given a copy and have read, or have had explained to me the information contained in the Vaccine Information Pamphlet(s) or the appropriate Important Information Statement(s) about the disease(s) and vaccines(s) indicated below. I have had a chance to ask questions which were answered to my satisfaction. I believe I understand the benefits and the risks of vaccine(s) and request that the vaccine(s) indicated below be given to me or to the person named below for whom I am authorized to make this request." The record carni or log sheet must include as a minimum the following information: a.) patient name b.) address c.) date of birth d.) age at time of immunization e.) type of vaccine(s) given I.) clinic identification g.) date of immunization h.) site of immunization I.) name and title of person administering the vaccine(e.g., S. Smith, R.N.) j.) vaccine manufacturer k.) vaccine lot number I.) signature of patient or parent/guardian authorizing immunization m.) date of signature n.) date(s) printed on the"Important Information"statement(s) and/or"Vaccine Information Pamphlets"provided to the patient or parent/guardian NO ALTERATION, VARIATIONS OR ADDITIONS TO THE IMPORTANT INFORMATION STATEMENTS, VACCINE INFORMATION PAMPHLETS, OR VACCINE AGREEMENT MAY BE MADE WITHOUT THE PRIOR WRITTEN APPROVAL OF THE CHIEF OF THE IMMUNIZATION BRANCH OF THE CALIFORNIA DEPARTMENT OF HEALTH SERVICES. 3.) The agreemenVsignature portion of the "Important Information" statement and/or "Vaccine Information Pamphlet" or the authorized signature record card or authorized clinic log sheets must be stored by the local health department in a retrievable file for a minimum of 10 years following the end of the calendar year in which the statement/pamphlet was signed. In addition, if a notice of a claim or lawsuit has been made, the record must be retained until after a final disposition has been made. 4.) In the case of.a school-based program, or other programs where the "Important Information" statement(s) and/or"Vaccine Information Pamphlet(s)"are to be read and signed in advance of the immunization by the patient or parent/guardian or other authorized person who will not be present at the site where the immunizations are to be given, procedures shall be established and made known for answering questions by telephone. 5.) Outside non-profit providers of immunization services must sign the State provided "Outside Provider Agreement for Receipt of State-Supplied Vaccines" terms prepared by the State Immunization Branch before they may receive State purchased vaccine. Medical providers of immunization services who sign the agreement must agree to use the "Important Information" statements and/or"Vaccine Information Pamphlets"and must be provided as many copies of the statements/pamphlets as vaccine doses distributed, or at least one camera-ready copy of each vaccine statement. The "Outside Provider Agreement..." and the use of the "Important Information" statements and/or "Vaccine Information Pamphlets" are required in clinic settings even if the clinics are supervised by a physician in attendance. The "Outside Provider EXHIBIT A(Pediatric-IAP Continued) . FY 1993-94 Page 6 Agreement..." shall be signed annually by non-health department medical providers and retained by the local health department for a minimum of ten years following the last calendar year in which the State Immunization Branch purchased vaccine was provided. 6.) Local health departments receiving State-supplied vaccines are required to provide State- supplied vaccines to Community Health Centers (e.g., Federal and/or State-Funded Community Health Centers, including Migrant, Rural and Indian Health Centers, etc.) if state vaccine funding resources are sufficient and if the Community Health Centers maintain compliance with the terms and conditions listed in the State provided "Outside Provider Agreement for Receipt of State- Supplied Vaccines". 7.) No charge may be made to the patient, parent, guardian or third party payer for the cost of State purchased vaccine provided to local health departments by the Immunization Branch. In addition, outside, non-protit providers of immunization services receiving State purchased vaccine may not charge patients or parents for the cost of vaccine. Charges made by local health departments for the direct costs incurred for administration or injection of the vaccine are discouraged but are not specifically prohibited. Should the health department or outside medical provider receiving state vaccine establish an administration fee for an injection of vaccine, information, e.g., sign/poster,M= be prominently displayed which indicates that no one receiving an immunization in a public clinic may be denied vaccine provided through public . funds for failure to pay the administration fee or failure to make a donation to the provider. 8.) Local health departments and other private and public providers utilizing State purchased vaccine and/or hepatitis B immune globulin (HBIG) must report quarterly the vaccine and HBIG doses administered, by vaccine type and age group of patient, and dose in series (for multiple- dose vaccines) in a format provided by the Immunization Branch. Reports should be submitted to the Immunization Branch by the third day of the following month. 9.) Each quarter, the local health department must report a current vaccine inventory including all sites within the county or local jurisdiction. The Immunization Branch will supply the reporting forms. All local health departments are to notify their Immunization Branch Field Representative of any vaccine which is unlikely to be used not later than three months prior to its date of expiration. 10.) The local health department agrees to ensure that the storage and handling of State purchased vaccine within its facilities is in accordance with the manufacturers' specifications. The local health department also agrees to inform other providers who receive Immunization Branch purchased vaccine of the manufacturers'specifications for vaccine storage and handling. DHS 8312(9/92) EXHIBIT B BUDGET PAGE 4 OF 4 PAGES: APPUCATION FOR IMMUNIZATION PROJECT SUBVENTION FUNDS Applicant : County of Contra Costa (Health Services) Budget Period From: 7/1/93 to 6/30/94 F.Subcontracts (List the name of the contractor or consultant and the time period of the contract Also,Indicate the hourty/weekly/monthly rate of reimbursement and total contract amount) Name of Subcontractor. Pittsburg Preschool Coordinating Council Address: 1760 Chester Drive City,State,&Zip Code: Pittsburg, Ca. 94565 Telephone#: 510-439-29061 Dollar Amount I.Personal Services Rate of Required from (List positions) Time Period Reimbursement Califomia Community Outreach 7/1/93-6/30/94 $10/hr. for a $7500 Worker total of 750 houis Personal Services Subtotal $ 7 500 11. Operating Expenses Supplies Health Education Materials Travel(in-state) Equipment Operating Expenses Subtotal $ F.Subcontracts Total = (L Personal Services +11.Operating Expenses) $ 500 (Include amount on Operating Expenses,Exhibit B. Budget,page 2) Note: A written justification of the above Contractor service(s) and expected completed work product(s)must be included in Exhibit C Budget Justification of this agreement. OHS 8312(9/92) EXHIBIT B BUDGET PAGE 3 OF 4 PAGES APPLICATION FOR IMMUNIZATION PROJECT SUBVENTION FUNDS Applicant • County of Contra Costa (Health Services) Budget Period From: to b/307927- F.Subcontracts (List the name of the contractor or consultant and the time period of the contrail Also,Indicate the hourtytweekly/monthly rate of reimbursement and total contract amount) Name of Subcontractor. Neighborhood House of North Richmond Address: 305 Chesley Ave. City,State, Ili Tip Code: Richmond, Ca. 94801 Telephone#: -510-215-4770 Dollar Amount I.Personal Services Rate of Required from (List positions) Time Period Reimbursement California Community Outreach 7/1/93-6/30/9 $10 per hour $7500 Worker for a total of . 750 hours Personal Services Subtotal S 7500 11. Operating Expenses Supplies Health Education Materials Travel (in-state) Equipment Operating Expenses Subtotal 1 0 —, F.Subcontracts Total = (l. Personal Services + 11. Operating Expenses) $ 00 (include amount on Operating Expenses, Exhibit B. Budget,page 2) Note: A written justification of the above Contractor service(s)and'expected completed work product(s) must be Included in Exhibit C Budget Justification of this agreement. DHS 8312(9/92) EXHIBIT B BUDGET PAGE 2 OF 4 PAGES. APPLICATION FOR IMMUNIZATION PROJECT SUBVENTION FUNDS Applicant : County of Contra Costa (Health Services) Budget Period From: 7/l/93 to 6/30/94 DETAILED LINE ITEM BUDGET FOR THIS PROJECT Required from 11. Operating Expenses California A. Supplies 1) Office Mailing, stationary supplies $1000 2) Clinic Syringes, alcohol, needle disposal boxes, etc. $1500 B.Health Education Materials Printing and reproduction $3000 C. Laboratory Screening (Hepatitis B only) D.Travel 1) In-State $ 420 2) Out-of-State National Conference $1200 E. Equipment Computer hardware and software $3617 F.Subcontracts (description(s)on Exhibit B Budget,Subcontract page(s) $15,000 TOTAL OPERATING EXPENSES $ $25,737 TOTAL BUDGET= (I. Personal Services + 11. 0 eg_ratina Ex eo nses) $ 204,761 EXHIBIT B BUDGET PAGE 1 OF 4 PAGES APPLICATION FOR IMMUNIZATION PROJECT SUBVENTION FUNDS Applicant: County of Contra Costa (Health Services) Budget Period From: 7/1/9 to 6130194 DETAILED LINE rTEM BUDGET FOR THIS PROJECT % of time and/or Monthly salary rani Dollars required 1. Personal Services hours on project and/or hourly rate fron California Immunization Coordinator 50.00% 4386-5331 $31,986 (1) Registered Nurse 100.00% 3689-4962 $59,544 Registered Nurse 20.00% 3689-4962 $11,909 Communicable 50.00% 1925-2340 $14,040 Disease Technician i Clerk Experienced Level 50.00% 1849-2248 $13,488 (1) Clerk Experienced Level 25.00% 1849-2248 $6,744 (1) State funds cover al,proximately 50% of I munization Coordiator and 50% of he Clerk personnel a penses Total Salaries and Wages $137&1,313 711 Staff Benefits @ 30%TOTAL PERSONAL SERVICES $ 024 (OHS 8312(9/92) Exhibit C Project Summary and Budget Just�ication Page 2 of Pages APPLICATION FOR IMMUNIZATION PROJECT SUBVENTION BUDGET JUSTIFICATION (Please provide written justifications for all positions and operating expenses requested on Exhibit B Budget pages 1 &2. ff additional space Is required,attach additional pages.) I. PERSONNEL SERVICES: Immunization Coordinator $31,986 Coordinates activities to meet program goals: conducts.immunization assessments and provides consultation and technical assistance to school and child care facilities to raise and/or maintain immunization levels of at least 98% in school age children and 95% in infants and preschool children, participates in newborn and toddler outreach efforts, provides immunization information to the medical and lay communities, coordinates programs for continuing education for professionals, works to reduce/eliminate vaccine preventable disease (ie., measles, mumps, rubella, pertussis, hemophilus influenza type b), provides the operational link between schools and preschools and the State IAP office, supervises the computerized record keeping system, manages vaccine and vaccine accountability, Registered Nurse $71,453 (1 @ $59,544 and 1 @ $11,909) WIC clinics operate throughout the county 15-29 times a month. There are an average of 22000-5000 children seen in each area of the county per month. The nurse will provide immunizations, information on immunizations and health referrals for other needed medical care. The nurse will also staff the special clinics in targeted areas, assist with health education information development and assist with evaluation of Day Home assessments. Clerk-Experienced Level $20,232 (1 @ $13,488 and 1 @ $6,744) Provides clerical support to accomplish the goals and objectives of the program. The activities include: typing and filing reports and letters, xeroxing, preparing kindergarten and preschool registration packets, filling orders, tabulating audit results, mailing materials to schools, child care facilities, family day homes and health care providers, maintaining the computerized retrievable immunization record system and manual reminder system, and providing clerical support to clinic and the Immunization Program Coordinator. Communicable Disease Technician $14,040 Will provide door to.door outreach and information giving. Will give information classes in clinics and to community groups in appropriate languages. Will work with migrant workers to determine needed times for clinics and best access. Staff Benefits @ 30% $41,313 (DHS 8312(9/92) Exhibit C Project Summary and Budget Justification Page 1 of 3 Pages APPLICATION FOR IMMUNIZATION PROJECT SUBVENTION SHORT SUMMARY OF PROJECT (Not to exceed 200 words) The purpose of the Immunization Program is to prevent the occurrence and transmission of vaccine preventable diseases through immunizations, surveillance and outbreak control. The program will provide immunization services, promote immunization awareness, encourage families to keep permanent immunization records, and assure that schools maintain.a permanent record keeping system. Program activities will be coordinated with local school officials and community agencies. These activities will be carried out in an attempt to: (1) raise immunization levels above 98%Q for all school age children and 95% for all infants and preschool children and (2) increase the number of 4th doses of DTP administered in public health clinics to children 15 months to 2 years by 10% over the prior fiscal year. Surveillance and outbreak control measures are incorporated into the program which include measles, pertussis, rubella, Hepatitis'B, Haemophilus Influenzae Type b and other vaccine preventable disease. Priority will be given to the: 1) annual kindergarten and preschool immunization assessments and selective review audits, 2) distribution of immunization materials to all public and private schools and preschools with inservice/consultation visits maintained, 3) expanded outreach efforts to infants and toddlers 4) on-site clinics at WIC, State Preschool and Headstart sites, 4) toddler immunization campaign, 5) measles elimination program, 6) provision of regularly scheduled public immunization clinics with special clinics as needed, 7) a reminder/recall system for children who attend the monthly immunization clinics, WIC, and State Preschool/Headstart on site clinics 8) outbreak control measures to contain/stop vaccine preventable disease. 9) increased provider outreach efforts to adopt the 'The No Barriers to Immunization Policy' to reduce missed opportunities with programs for continuing education units for professionals. A computerized immunization system with a 386 PC and Green Lira software is updated monthly to maintain: 1) permanent retrievable record keeping system for persons given immunizations in the immunization-only clinics and special outreach clinics 2) vaccine usage and inventory activities, and 3) communi- cations to schools, health care providers, hospitals, and community organizations. Other software programs will be investigated this year in an effort to establish a computerized immunization link to public and private immunization providers. Name of Project Director Name and Address of Applicant Including Organizational Unit Responsible for Project Activity Dottie Langthorn Immunization Program 597 Center Ave. m200A Martinez, CA 94553 Exhibit D STATE OF CALIFORNIA DEPARTMENT OF HEALTH SERVICES Prior to July 1, 1993 Language 1. It is mutually understood between the parties that this contract may have been written and executed prior to July 1, 1993 for the mutual benefit of both parties in order to avoid program and fiscal delays which could occur if the contract were executed after July 1, 1993 . 2. This contract is valid and enforceable only if sufficient funds are made available by the Budget Act of 1993 for the Fiscal Year 1993-94 for the purposes of this program. In addition, this contract is subject to any additional restrictions, limitations, or conditions enacted by the Legislature and contained in the Budget Bill or any statute enacted by the Legislature which may affect the provisions, terms, or funding of this contract in any manner. I It is mutually agreed that if the Budget Act of 1993 does not appropriate sufficient funds for the program, this contract shall be invalid and 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 considerations under this contract, and the contractor shall not be obligated to perform any provisions of this contract. GMS Wuuenon�suynn No.03(10100) Project Summary and Budget Justification Page 3 of 3 Pages APPLICATION FOR IMMUNIZATION PROJECT SUBVENTION II. OPERATIONAL EXPENSES A. Supplies 1. Office - Pens, paper, envelopes,.postage for mass mailings and reminder/recall postcards, phone for computer fax/modem. $1,000 2. Clinic- syringes, alcohol, drapes, cotton, bandaids, needle disposal-boxes. $1,500 B. Health Education Materials Printing reminder/recall postcards to remind parents when their child's next immunization is due; developing, printing and/or ordering of culturally sensitive brochures, fliers, posters, videos. $3,000 C. Travel 1. Out-of-State: National Immunization Conference $1,200 Air fare, room and meals for 5 days. 2. In-State: Local program related activities. $420 D. Equipment Computer software and associated hardware to establish a computer network system with multi-provider access and reminder/recall. $3,617 F. Subcontract Services $15,000 Will provide community door-to-door outreach workers in high risk neighborhoods with poor immunization compliance. . • . � § � g � % � n - � . ■ % � � t � � ' % - ' ; Ln 7 . . . . ■ � � o c f 4 0 % ■ t . . . / k . rt \ .. � � w & _ . M > # % a CD Ul ct \ § 0 » ^ 10 ■ - - - �-0 2 f g « ® UUl ■ 7 t % # g 2 s ■ s k � _ iL ® � - . A w s � NONDISCRIMINATION CLAUSE (OCP - 1) 1 , During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, reli- gion, color, national origin, ancestry. physical handicap, medical condition, marital status, age (over 40) or sex. Contractors and subcontractors shall insure that the evalua- tion and treatment of their employees and applicants for employment are free of such discrimination. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq. ) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285,0 et seq, ) . The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 2990, set forth in Chapter 5 of Division 4 of Title 2 of the Cali- fornia Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full . Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement . 2. This contractor shall include the nondiscrimination and com- pliance provisions of this clause in all subcontracts to perform work under the contract. STD. 17A (NEW 5-83) ' Exhtbtt A(f) d. The reports required by paragraph "b" of this clause shall include, but not be limited to, periodic reports which shall be filed at least quarterly with the appropriate local office or, where the Contractor has more than one hiring location in a State, with the central office of that state employment service. Such reports shall indicate for each hiring location (1) the number of individuals hired during the reporting period, (2) the number of nondisabled veterans of the Vietnam era hired, (3) the number of disabled veterans of the Vietnam era hired, and (4) the total number of disabled veterans hired. The reports should Include covered veterans hired for the on-the-job training under 39 U.S.C. 1787. The Contractor shall submit a report within 30 days after the end of each reporting period wherein any performance is made on this contract identifying data for each hiring location. The Contractor shall maintain at each hiring location copies of the reports submitted until the expiration of one year after final payment under the contract, during which time these reports and related documentation shall be made available, upon request, for examination by any authorized representatives of the Federal Contracting Officer, the State, or the Secretary of Labor. Documentation would Include personnel records respecting job openings, recruitment, and placement. e. Whenever the Contractor becomes contractually bound to the listing provisions of this clause, it shall advise the employment service system in each state where it has establishments of the name and location of each hiring location in the state. As long as the Contractor Is contractually bound to these provisions and has so advised the state system, there is no need to advise the state system of subsequent contracts. The Contractor may advise the state system when it is no longer bound by this contract clause. f. This clause does not apply to the listing of employment openings which occur and are filled outside the 50 states, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands. g. The provisions of paragraphs "b", "c", "d", and "e" of this clause do not apply to openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer-union arrangement for that opening. h. As used in this clause: (1) "All suitable employment openings" Includes, but is not limited to, openings which occur In the following job categories: production and nonproduction: plant and office; laborers and mechanics; supervisory and nonsupervisory; technical and executive, administrative, and professional openings that are compensated on a salary basis of less than $25,000 per year. This term includes full-time employment, temporary employment of more than three days' duration, and part-time employment. It does not Include openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement nor openings in an educational Institution which are restricted to students of that institution. Under the most compelling circumstances, an employment opening may not be suitable for listing, Including such situations where the needs of the Federal Government cannot reasonably be otherwise supplied, where listing would be contrary to national security, or where the requirement of listing would otherwise not be for the best Interest of the Federal Government. -9- Exhibit A(F) The Contractor agrees under penalty or perjury (it, he, she) is not subject to cease and desist order which is not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions, or Is not finally determined to be in violation of provisions of federal law relating to air or water pollution. b. (Applicable only if the contract or subcontract exceeds $100,000 or the contract is not otherwise exempt under 40 CFR 15.5.) The Contractor agrees as follows: (1) To comply with all the requirements of Section 114 of the Clean Air act as amended (42 U.S.C. 7401 et seq., as amended by Public Law 95-95), and section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq., as amended by Public Law 92-500),respectively, relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued to implement those Acts before the award of this contract. (2) That no portion of the work required by this contract will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this contract was awarded unless and until the Environmental Protection Agency eliminates the name of such facility or facilities from such listing. (3) To use his best efforts to comply with clean air standards and clean water standards at the facility in which the contract is being performed. The terms used in this paragraph have the following meanings: (a) The term "clean air standards" means any enforceable rules, regulations, guidelines standards, limitations, orders, controls, or prohibitions or other requirements which are contained in, issued under, or adopted pursuant to the Clean Air Act. (b) The term "clean water standards" means any enforceable limitation, control, condition, prohibition, standard, or another requirement which Is promulgated pursuant to the Clean Water Act or contained in a permit Issued to a discharger by EPA or by the State under an approved program as authorized by Section 402 of the Clean Water Act (33 U.S.C. 1342), or by a local government to ensure compliance with pretreatment regulations as required by Section 307 of the Clean Water Act (33 U.S.C. 1317), and regulations Issued pursuant thereto. (c) in addition to compliance with clean air and water standards, the term compliance shall also mean.compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency, or an air or water pollution control agency in accordance with the requirements of the Clean Air Act and the Federal Water Pollution Control Act. (4) As a condition for the award of a contract the applicant or contractor shall notify the State of the receipt of any communication from the Assistant Administrator for Enforcement, U.S. EPA indicating that a facility to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. Prompt notification shall be required prior to contract award. -11- Exhibit A(F) 19. Confidentialb of Information a. The Contractor and his or her employees agents, or subcontractors shall protect from unauthorized disclosure names and other identifying information concerning persons either receiving services pursuant to this contract or persons whose names or identifying information become available or are disclosed to the Contractor, his/her employees, agents, or subcontractors as a result of services performed under this contract, except for statistical information not identifying any such person. b. The Contractor, his/her employees, agents, or subcontractors shall not use such Identifying information for any purpose other than carrying out the Contractor's obligations under this contract. c. The Contractor, his/her employees, agents, or subcontractors shall promptly transmit to the State all requests for disclosure of such identifying information not emanating from the client or person. d. The Contractor shall not disclose, except as otherwise specifically permitted by this contract or authorized by the client, any such identifying information to anyone other than the State without prior written authorization from the State. e. For purposes of this paragraph, Identity shall include, but not be limited to, name, identifying number, symbol, or other identifying particular assigned to the Individual, such as finger or voice print or a photograph. 20. National Labor Relations Board Certification (not applicable if Contractor is a public entity.) Contractor, by signing this agreement, does swear under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. 21. Documents and Written Repo Any document or written report prepared as a requirement of this agreement shall contain, in a separate section preceding the main body of the document, the number and dollar amounts of all contracts and subcontracts relating to the preparation of such document or report, if the total cost for work by nonemployees of the State exceeds $5.,000. 22. Resolution of Direct Service Contract Disputes a. If the Contractor believes there is a dispute or grievance between the Contractor and the State, the procedures set forth In Chapter 2.1, Sections 20201 through 20205, of Title 22, of the California Code of Regulations, shall be followed. b. If the Contractor wishes to appeal the decision of the Deputy Director for Public Health or his/her designee, the Contractor shall follow the procedures set forth in Division 25.1 (commencing with Section 38050) of the Health and Safety Code and the regulations adopted thereunder. (Title 1, Subchapter 2.5 commencing with Section 251, California Code of Regulations.) -13- ` EmiNt n(F) b. If any amendment to this contract has the effect of increasing the monetary amount of the contract or an agreement by the State to Indemnify or save harmless the Contractor, his agents or employees, the amendment shall be approved by the Department of General Services, unless otherwise exempted. 25. Evaluation of Contragtors The Contractor's performance under this contract shall be evaluated at the conclusion of the term of this contract. The evaluation shall include, but not be limited to: a. Whether the contracted work or services were completed as specified in the contract and reasons for and amount of any cost overruns. b. Whether the contracted work or services met the quality standards specified in the contract. C. Whether the Contractor fulfilled all requirements of the contract. d. Factors outside the control of the Contractor which caused difficulties in Contractor performance. The evaluation of the Contractor shall not be a public record. 26. Conflict of Interest—Current and Former State Employees a. Current State Officers and Employees (1) Contractor shall not utilize in the performance of this contract any state officer or employee In the state civil service or other appointed state official unless the employment, activity, or enterprise is required as a condition of the officer or employee's regular state employment. Employee In the state civil service is defined to be any person legally holding a permanent or intermittent position in the state civil service. (2) If any state officer or employee is utilized or employed in the performance of this contract, Contractor shall first obtain written verification from the State that the employment, activity, or enterprise is required as a condition of the officer's, employee's, or official's regular state employment and shall keep said verification on file for three years after the termination of this contract. (3) Contractor may not accept occasional work from any currently employed state officer, employee, or official. (4) If Contractor accepts volunteer work from any currently employed State officer, employee, or official, Contractor may not reimburse, or otherwise pay or compensate, such person for expenses incurred, Including, without [Imitation, travel expenses, per diem, or the like, in connection with volunteer work on behalf of contractor. (5) Contractor shall not employ any state officers, employees, or officials who are on paid or unpaid leave of absence from their regular state employment. (6) Contractor or anyone having a financial Interest in this contract may not become a state officer, employee, or official during the term of this contract. Contractor shall notify each of its employees, and any other person having a financial interest in this contract that it is unlawful under Public Contract Code, Section 10410 for such person to become a state officer, employee, or official during the term of this contract unless any relationship with the Contractor giving rise to a financial Interest, as an employee or otherwise, Is first terminated. -15- Attachment 1 STATE OF CALIFORNIA DEPARTMENT OF HEALTH SERVICES CERTIFICATION REGARDING LOBBYING The undersigned certifies,to the best of his or her knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for Influencing or attempting to Influence an officer or employee of an agency of the United States Government, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with the making, awarding or entering Into of this Federal contract, Federal grant, or cooperative agreement, and the extension, continuation, renewal, amendment,or modification of this Federal contract,grant,or cooperative agreement. (2)If any funds other than 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 of the United States Government,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,or cooperative agreement,the undersigned shall complete and submit Standard Form LLL, 'Disclosure of Lobbying Activities' in accordance with Its 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 subcontractors,subgrants,and contracts under grants and cooperative agreements) of $100,000 or more, and that all subrecipients shall certify and disclose accordingly. This certification Is a material representation of fact upon which reliance was placed when this transaction was made or entered Into. Submission of this certification is a prerequisite for making or entering Into this transaction Imposed by Section 1352, Title 31, U. S. Code. any person who falls to file the required certification shall be subject to a civil penalty of not less than$10A00 and not more than $100,000 for each such failure. None of Contractor Printed Nene of Person Skr"for Contractor /ern. la�2f�12� Contract/Grant Number Spahre of Person SlpriV for contractor Date Title After execution by or on Behalf of Contractor,please return to: Department of Health Services (Name of the DHS program providing the funds) P.O. Box 942732 714 P Street Sacramento,CA 94234-7320 CMS hstructiond Metin No.13 00/91) -24- Attachment 2 DISCLOSURE OF LOBBYING ACTIVITIES Awavedby Oke 0348-0046 Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for publlo burden disclosure) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ❑ a. contract ❑ a. bid/offer/application ❑ a. Initial filing b. grant b. Initial award b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan e. loan guarantee Year quarter f. loan Insurance date of last report 4. Name and Address of Reporting Entity: 5. if Reporting Entity In No.4 Is Subawardee.Enter Name and Address of Pri ❑ Prime ❑ Subawardee Tier .If known: Congressional District.If known: Con ressional District,if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number,if applicable: 8. Federal Action Number,If known: 9. Award Amount,if known: 10. a. Name and Address of Lobbying Entity b. Name and Address of Lobbying Entity (if Individual,last name,first name,MD: Of Individual,last name,first name,MI): (attach Continuation Sheet(s)SF-LLL-A,If necessary) 11. Amount of Payment(check all that apply): 13. Type of Payment(check all that apply): $ ❑ actual ❑ planned ❑ a. retainer 12. Form of Payment(check all that apply): ❑ b. one-time fee ❑ c. commission ❑ a. cash ❑ b. in-kind,specify: Nature ❑ d contingent fee ❑ e. deferred Value ❑ f. other,specify: 14. Brief Description of Services Performed or to be Performed and Date(s)of Service,Including Officer(s),Employee(s), or Member(s)Contacted,for Payment Indicated In Item 11: (Attach Continuation Sheet(s)SF-LLL-A,if necessary) 15. Continuation Sheet(s)SF-LLL-A Attached: ❑ Yes ❑ No 16. Information requested through this form Is authorized by Title 31, U.S.C.,Section 1352. This disclosure of lobbying activities Is a Sgnat— material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered Into. This disclosure Is required pursuant to Title 31, A"Nme: U.S.C.,Section 1352. This Information will be reported to the Congress semiannually and will be available for public Tft: Inspection. Any person who fails to file the required disclosure shall be sub)ect to a civil penalty of not less than$10,000 and �� Dare. not more than$100,000 for each such failure. ;:#>•:•.:::,..::::.::: :::.:::::::.:::::::.:::•:::::.::::::::::::•::.::•::•:•.:r:a:•:::::.:«•:,•::•:::::::.::::.:::::::,<:.:: Authorized for local Reproduction ..f..........................:: ....,.:. x ..... ... ......:......:.�f...: ::: �•.�:::•:::::::•::::•::::::.�::::::.�:::::::::::::::::::::::::::::>,.::::::::::::::::::::•::•:::f:•:::.:...::..::..........::::;:. Standard Farre—LLL CMS hgruchonal Metin No.14(10191) -25- (B) For purposes of paragraph (b)(2)(ii)(A), 'professional and technical services` shall be limited to advice an analysis directly applying any professional or technical discipline. For example, drafting of a legal document accompanying a bid or proposal by a lawyer is allowable. Similarly, technical advice provided by on engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant)are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely In the preparation, submission or negotiation of a covered Federal action. thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice and analysis directly and solely related to the legal aspects of his or her client's proposal, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services. Similarly,communications with the intent to influence made by on engineer providing an engineering analysis prior to the preparation or submission of a bid or proposal are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action. (C) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation,or reasonably expected to be required by law or regulation, and any other requirements in the actual award documents. (D) Only those services expressly authorized by paragraph (b)(2)(ii) are allowable under paragraph(b)(2)(ii). (iii) Reporting for Own Employees. No reporting is required with respect to payments of reasonable compensation made to regularly employed officers or employees of a person. (iv) Professional and technical services by Other than Own Employees. (A) The prohibition on the use of appropriated funds, in paragraph (b)(1), does not apply in the case of any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action, if the payment Is for professional or technical services rendered directly In the preparation,submission,or negotiation of any bid, proposal, or application for that Federal contract or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal contract. -21- (2) Each recipient shall file a disclosure (in the form set forth in Attachment 2 consisting of three pages, entitled 'Standard Form-LLL-'Disclosure of Lobbying Activities') if such recipient has made or has agreed to make any payment using nonappropriated funds (to include profits from any covered Federal action) in connection with a contract or grant or any extension or amendment of that contract or grant,which would be prohibited under paragraph (b) of this Exhibit if paid for with appropriated funds. (3) Each recipient shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under paragraph (c)(2). An event that materially affects the accuracy of the Information reported includes: () A cumulative increase of $25.000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or OD A change in the person(s) or Individual(s) influencing or attempting to influence a covered Federal action; or, (iii) A change in the officer(s), employee(s), or Member(s) contacted for the purpose of influencing or attempting to influence a covered Federal action. (Q) Each person (or recipient) who requests or receives from a person referred to in paragraph (c)(1) of this section a contract, subcontract, grant, or subgrant exceeding $100,000 at any tier under a contract or grant shall file a certification, and a disclosure form,if required,to the next tier above. (5) All disclosure forms(but not certifications) shall be forwarded from tier to tier until received by the person referred to in paragraph (1) of this section. That person shall forward all disclosure forms to the State agency. (d) Agreement. In accepting any contract,grant,subcontract or subgrant subject to this Exhibit,the recipient (and any person submitting an offer for such a contract or grant) agrees not to make any payment prohibited by law or this Exhibit. (e) Penalties. (1) Any person who makes an expenditure prohibited under paragraph (b) of this Exhibit shall be subject to a civil penalty of not less than $10.000 and not more than $100,000 for each such expenditure. (2) Any person who fails to file or amend the disclosure form to be filed or amended K required by this Exhibit,shall be subject to a civil penalty of not less than $10.000 and not more than $100,000 for each such failure. (3) Recipients may rely without liability on the representations made by their subcontractors or subgrantees in the certification and disclosure form. (f) Cost allowability. Nothing in this Exhibit Is to be Interpreted to make allowable or reasonable any costs which would be unallowable or unreasonable in accordance with Part 31 of the Federal Acquisition Regulation. Conversely,costs made specifically unallowable by the requirements in this Exhibit will not be made allowable under any of the provisions of Part 31 of the Federal Acquisition Regulation. -23- Et"A M The term 'expanded scope auditing' is applied and defined in the U.S. General Accounting Office (GAO) issued Standards for Audit of Governmental Organizations, Programs,Activities and Functions,better known as the 'yellow book.' 28. Contractor Name Change Contractor shall provide written notice to the State at least 30 days prior to any changes to the Contractor's current legal name. 29. Novation If the Contractor proposes any novation agreement,the State shall act upon the proposal within 60 days after receipt of the written proposal. The State may review and consider the proposal,consult and negotiate with the Contractor,and accept or reject all or part of the proposal. Acceptance or rejection may be made orally within the 60 day period, and confirmed In writing within five days. 30. Drug-Free Workplace Contractor certifies to the State that It will provide a drug-free workplace by doing all of the following: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person's or organization's workplace and specifying the actions that will be taken against employees for violations of the prohibition. b. Establishing a drug-free awareness program to Inform employees about all of the following: (1) The dangers of drug abuse in the workplace. (2) The person's or organization's policy of maintaining a drug-free workplace. (3) Any available drug counseling, rehabilitation, and employee assistance programs. (4) The penalties that may be imposed upon employees for drug abuse violations. c. Requiring that each employee engaged in the performance of the contract or grant be given a copy of the statement required by subdivision(a)and that,as a condition of employment on the contract or grant,the employee agrees to abide by the terms of the statement. d. Contractor agrees this contract may be subject to suspension of payments or termination of this contract,or both,and the contractor may be subject to debarment, In accordance with the requirements of the Government Code Section 8350,et seq., if the Department determines that any of the following has occurred: (1) The contractor or grantee has made a false certification. (2) The contractor violates the certification by failing to carry out the requirements of subdivisions(a)through(c)above. -17- 'Person' means an Individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law. "Reasonable compensation' means, with respect to a regularly employeed officer or employee of any person, compensation that Is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by,or not furnished in cooperation with the Federal Government. "Reasonable payment" means, with respect to professional and other technical services,a payment in an amount that is consistent with the amount normally paid for such services in the private sector. 'Recipient' includes the Contractor or Grantee,and all subcontractors or subgrantees at any tier in connection with a Federal contract, grant, or other Federally funded activity. The term excludes an Indian tribe, tribal or ganization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law. 'Regularly employed' means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days. "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and a multi-State, regional, or interstate entity having governmental duties and powers. b Prohibition. (1) Section 1352 of title 31, U. S. Code provides in part that no appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay 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 in connection with any of the following covered Federal actions: The awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,loan,or cooperative agreement. (2) The prohibition does not apply as follows: (i) Agency and legislative liaison by Own Employees. (A) The prohibition on the use of appropriated funds, in paragraph (b)(1), does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a Federal contract if the payment is for agency and legislative liaison activities not directly related to a covered Federal action. -19- ExfNbH A(F) 6. Income Restrictions The Contractor agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Contractor under this contract shall be paid by the Contractor to the State, to the extent that they are properly allocable to costs for which the Contractor has been reimbursed by the State under this contract. 7. Fxa ination of Accounts_ Audit. Records.and Subcontract Langur a. The Contractor shall maintain books, records, documents, and other evidence, accounting procedures, and practices, sufficient to reflect properly all direct and Indirect costs of whatever nature claimed to have been incurred in the performance of this contract, Including any matching costs and expenses. The foregoing constitutes°records"for the purpose of this clause. b. The Contractor's facility or office or such part thereof as may be engaged in the performance of this contract and his records shall be subject at all reasonable times to Inspection, audit, and reproduction by the State or any of its duly authorized representatives, Including the Comptroller General of the United States. c. The Contractor shall preserve and make available his records (i) for a period of three years from the date of final payment under this contract, and (ii) for such longer period, If any, as is required by applicable statute, by any other clause of this contract, or by subparagraphs (1) or(2) below. (1) If this contract Is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of three years from the date of any resulting final settlement. (2) If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the records shall be retained until completion of the action and resolution of all Issues which arise from it, or until the end of the regular three-year period, whichever is later. d. The Contractor further agrees to include in all his subcontracts hereunder a written agreement with said subcontractor or vendor, the following clause: "(Name of Vendor or Subcontractor) agrees to maintain and preserve, until three years after termination of (Contractor's name) agreement or contract with the State of California, and to permit the State or any of its duly authorized representatives, Including the Comptroller General of the United States, to have access to and examine and audit any pertinent books, documents, papers, and records of(name of subcontractor or vendor) related to this(purchase order or subcontract)." 8. Covenant Against Contingent Fees The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona We established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the State shall have the right to annul this contract without liability or in Its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. -5- ` ExhlbH A(F) 11. Final Invoice—Final Report—Retention of Funds If a final report is required by this contract, 10 percent of the face amount of the contract or 50 percent of the final invoice, whichever is the larger amount, but not to exceed $3,000, shall be withheld until after receipt by the State of a report satisfactory to the State. 12. Officials Not to Benefit No member of or delegate to Congress or the State Legislature shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. 13. Rights in Data a. Subject Data. As used in this clause, the term "Subject Data" means writings, sound recordings, pictorial reproductions, drawings, designs or graphic representations, procedural manuals, forms, diagrams, work flow charts, equipment descriptions, data files and data processing or computer programs, and works of any similar nature (whether or not copyrighted or copyrightable) which are first produced or developed under this contract. The term does not include financial reports, cost analyses, and similar Information Incidental to contract administration. b. Federal Government and State Rights. Subject only to the provisions of "c" below, the Federal Government and State may use, duplicate, or disclose in any manner and for any purpose whatsoever, and have or permit others to do so, all Subject Data delivered under this contract. c. License to Copyrighted Data. In addition to the Federal Government and State rights as provided in [b] above, with respect to any subject data which may be .copyrighted, the Contractor agrees to and does hereby grant to the Federal Government and State a royalty-free, nonexclusive and Irrevocable license throughout the world to use, duplicate, or dispose of such data in any manner for State or Federal Government purposes and to have or permit others to do so. Provided, however, that such license shall be only to the extent that Contractor now has, or prior to completion or final settlement of this contract may acquire, the right to grant such license without becoming liable to pay compensation to others solely because of such grant. d. Relation to Patents. The State reserves a license on patent rights in any contract Involving research or developmental, experimental, or demonstration work with respect to any discovery or invention which arises under this contract. e. Marking and Identification. The Contractor shall mark all Subject Data with the number of this contract and the name and address of the contractor or subcontractor who generated the data. The Contractor shall not affix any restrictive markings upon any Subject Data, and if such markings are affixed, the Federal Government or State shall have the right at any time to modify, remove, obliterate, or Ignore any such markings. f. Subcontractor Data. Whenever any Subject Data is to be obtained from a subcontractor under this contract, the Contractor shall use this same clause in subcontract without alteration, and no other clause shall be used to enlarge or diminish the Federal Government's or State's rights in the subcontractor Subject Data. -7- ' 6?vbit A 0 STATE OF CALIFORNIA DEPARTMENT OF HEALTH SERVICES ADDITIONAL PROVISIONS (FOR FEDERALLY FUNDED SUBVENTION AID/LOCAL ASSISTANCE COST REIMBURSEMENT CONTRACTS/GRANTS) 1. Equal Onnortunity Clause a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, physical or mental handicap, or age. The Contractor will take affirmative action to ensure that qualified applicants are employed, and that employees are treated during employment without regard to their race, color religion, sex, national origin, physical or mental handicap, or age. 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 career development opportunities 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 by the Federal Government or the State, setting forth the provisions of the Equal Opportunity clause and the Rehabilitation Act of 1973. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified applicants without discrimination based on their race, color, religion, sex, national origin, physical or mental handicap, or age, and the rights of applicants and employees. b. 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, national origin, physical or mental handicap,or age. c. The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding a notice, to be provided by the Federal Government or the State, advising the labor union or worker's representative of the Contractor's commitments under this Equal Opportunity clause and shall post copies of the notice In conspicuous places available to employees and applicants for employment. d. The Contractor will comply with all provisions of the Rehabilitation Act of 1973 and of the Federal Executive Order No. 11246 as amended,and of the rules, regulations,and relevant orders of the Secretary of Labor. e. The Contractor will furnish all information and reports required by Federal Executive Order No. 11246 as amended and the Rehabilitation Act of 1973, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations and orders. 0A herico nd astir,No.02(11/91) EXW A(f) 4. Standards of Work The Contractor agrees that the performance of work and services pursuant to the requirements of this contract shall confirm to high professional standards. 5. Furnishing of Prog2dy by the State or Purchase of Progeny with State or Federal Funds a. (1) All equipment, material, supplies, or property of any kind purchased from funds advanced or reimbursed or furnished by the State under the terms of this contract and not fully consumed in the performance of the contract shall be the property of the State and shall be subject to the provisions of this paragraph (a), as well as paragraphs(b).(c),and(d)below. If the Equipment Line item in the budget or in any other paragraph of this contract,exceeds$10,000 or more,the provisions of subparagraph b shall apply. (2) Inventory and Disposition (a) .Contractor shall, at the request of the State, submit an inventory of equipment furnished or purchased under the terms of this contract. Such inventory will be required not more frequently than annually. (b) At the termination of this contract, the Contractor shall provide a final inventory to the State and shall at that time query the State as to the State's requirements, including the manner and method, in returning said equipment to the State. Fnal disposition of such equipment shall be at state expense in accordance with instructions from the State to be issued immediately after receipt of the final inventory. (3) Motor Vehicles (a) If, under the provisions of paragraph (2) above,any part of such property is motor vehicles, the State Office of Procurement shall purchase said motor vehicles for and on behalf of the Contractor. The provisions of clause (5b) below are applicable to this paragraph concerning rotor vehicles. (b) If, under the provisions of paragraphs (2) or (3) above, any part of such property is motor vehicles, the State authorizes the Contractor to use said motor vehicles under the terms and conditions of this contract for purposes of this contract only, and in accordance with the provisions of subparagraphs (c) through (f) below. (c) It is mutually understood that the State of California shall be the legal owner of said vehicles and the Contractor shall be the registered owner. (d) Upon return of such motor vehicles to the State, Contractor shall deliver to State all necessary documents of title to enable proper transfer of marketable title to the State. (e) Contractor agrees that all operators of motor vehicles listed in said agreement shall hold a valid State of California driver's license. In the event 12 or more passengers are to be carried in any one vehicle listed in said agreement,a Class 2 driver's license will also be required. (f) Contractor shall furnish to the State a certificate of insurance stating that there is liability insurance presently in effect for the Contractor of not less than $500,000 per occurrence for bodily injury and property damage liability combined. -3- DISCLOSURE OF LOBBYING ACTIVITIES CONTINUATION SHEET Approved by OMB -348-0046 ReporWV Enflty: Page of Au xttod for lata Reproduction CKG h tnxilonoi&Aotn No.14(10191) -27- Stu K*3d form-LLL-A I