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MINUTES - 09141993 - 1.85
I ,gS TO: BOARD OF SUPERVISORS (` FROM: Mark Finucane, Health Services Director Contra By: Elizabeth A. Spooner, Contracts Administrato Costa DATE: August 19, 1993 County SUBJECT: Approve Standard Agreement #29-203-53 with the State Department of Health Services for the Supplemental Food Program for Women, Infants and Children 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 #29-203-53 (State #93-17682) with the State Department of Health Services, in the amount of $941, 597, for the period from October 1, 1993 through September 30, 1994, for continuation of the Supplemental Food Program for Women, Infants and Children (WIC) . II. FINANCIAL IMPACT: Approval of this agreement will result in $941, 597 of federal funding through the State for the WIC program. No County funds are required. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: For over fifteen years the County has participated in the WIC Program with the State. This is a mandated program under the Community Health Services Division of the State Department of Health Services. Approval of Standard Agreement #29-203-53 will provide $941,597 of federal funding through the State for continuation of the program during the next federal fiscal year. WIC is a nutrition education, counseling and food supplement program for low-income, pregnant, postpartum and breast-feeding women, infants and children at nutritional risk. Approximately 9, 400 clients are served by this program. The Board Chair should sign nine copies of the agreement (including Certification Regarding Lobbying) , eight of which should be returned to the Contracts and Grants Unit for submission to the State Department of Health Services. v CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME AT ON OF BOARD C MMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON EP 14 3 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 4 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) 4 199�� CC: Health Services (Contracts) ATTESTED SEPp 1 Auditor-Controller (Claims) State Dept. of Health Services Phil Batchelor, Clerk Of the Board of SupejvWFs and County AdminL*aW M382/7-33 BY _ DEPUTY W lg/iy TATE OF^At.lF{�i:d11i� STAN 'ARD' AGREEMENT- a7TOOR EDa�L CONTRACT NUMBER U/.NO. 93— 17682 ;NTRACTOR'S FEDERAL I.D.NUMBER —IIS,AGREEMENT,made and a umn tato thus i s t =Y of October . •Q 9 3 94-6000509 the gate of Cali dmta..by ana between Mare of CaUarma.through its duly elecua or avpomtea,cuaiiued and stung OF OFFICER ACTING FOR STATE AGENCY 1-hief.. °roeram Suoport Branch Deu_ artment of Heaith Servicestiwe ux ed the Sate,anc ::YTRACTOR'S NAME Contra Costa County Health Services "r' 3 at:aiter called the Conttaciar .,TTNESSM: 'that the Conaacwr for arta m consideration of the covenants.conditions,agmemmrs.and saintiauons of the State haemaftc exvressed .xs herebv agree to fut=h to the State setvtces arta ma=ais as iollows: (Set forth service to oe renaerea by Contractor.amount to oe paid Contractor .:ma for performance or compie ion.and attach pions ana specifications.if any.) i. SPECIAL PROVISIONS FOR THE WIC SUPPLEMENTAL FOOD PROGRAM/SCOPE OF WORK Paragraph 1 of attached EXHIBIT B describes the scope of work to be performed under this contract. TERM OF CONTRACT The term of this contract shall be from October 1 . 1993 through September 30, 1994. 3. MAXIMUM AMOUNT PAYABLE (a) The maximum amount payable by the State to the Contractor under this contract shall not exceed $ 941 ,597 (b) In the event that the federal funds allocated for the WIC program are not sufficient, the State may, upon thirty (30) days advance notice, reduce the maximum amount payable in Subparagraph (a) above. :ONTINUED ON 8 SHEETS.EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The ptovaum an the reverse side hacof consuum a put of this ag, -mett -N WITNESS WHMMF.this agremma has bem ateatted by the patios hmw.apart the due fast above written. . STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR Ili awrwr�M����IMM�IMM►I mpsreL rrMr�11 q DepartmenL of Health Services Contra Costa County Health Services 3Y(AUTHORIZED SIGNATURE) BY(AUTHORIZED =aINTED NAME OF PERSON SKiNNG PRINTED NAME AND TrTLE OF PERSON SXWNG .. ..._.e.. Chair, Board of Supervisors ADDRESS Chief. Program Support Branch 653. P _�:e .St:reeT; 11ar_t-'.nPz; .CA 94553 AMOUNT ENCUMBERED BY THIS PROGRAMICATEGORY(CODE AND TITLE) FUND TITLE I Oepan ment Of Genera/SNVWOS DOCUMENT (Local Assistance Clearing ACCnt'.. General us* S941 ,597 I` (OPTIONAL USE) 3QIOR AMOUNT ENCUMBERED FOR .a IS CONTRACT Federal Catalog 10.557 S ITEM CHAPTER STATUTE zISCAL YEAR i 4260-111-001 ss 1993 93-94 AL AMOUNT ENCUMBERED TO i :ATE OBJECT OF EXPENDITURE(CODE AND TITLE) S941 ,597 I93-52421-4999-741-03-105575-93 hereoy oert/fY ut70rr my otan Densarna►browledge fMet tundgetsd hlnalS T.BJI NO. B.R.NO. are&v&It&W for me Defm and dluva"of Vhe O=wx ertt m sow&dove. GNATURE OF ACCOUNTING OFFICER OATS �i i j CONTRACTOR 7-1 STATE AGENCY DEPT.OF GEN.SER. 7 CONTROLLER ' `� 20 sm ali�C�.NIA :TANDARD AGREEMENT ' . r 1 � I. The contractor agrees to indemnif w.defend and save harmless the state.its of i kers.arenm and empiovees from anv and all claims and losses accruing or resulting to any and all contractors. subcontractors. mnteriaimen.laborers and any other oerson.firm or corporation furnishini or suopivinz;work services. materials or supplies in connection,%ith the.pertormance of this contract.and from any and u.i claims and losses accruing or resultinito any pefsoe.,fwm or corporation who-mac be injured or damaged by the Contractor in the performance of this contract. :. The Contractor.and the agents and employees of Contractor.in the performance of the agreement.shall act in an independent capacity and not as officers or employees or ae-ents of State of California. . The State may terminate this aereementand be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained sit the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Contractor tinder this a;reement.and the balance.if anv,shall be paid the Contractor upon demand. Without the written consent of the State.tnis agreement is not assignabie by Contractor either in%vhoie or in part. �. Time is of the essence in this aereement. 6. 'so alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto.and no oral understanding or agreement not incorporated herein.shall be binding on any of the parties hereto. 7. The considerrtion to be paid Contractor. as provided herein. shall be in compensation for all of Contractor's expenses incurred in the performance hereof. including travel and per diem, unless otherwise expressly so provided. ti t Contra Costa County Health Services 9;;-17682 3. MAXIMUM AMOUNT PAYABLE (continued) (c) Upon receipt of such notification, the Contractor agrees to not claim reimbursement for costs in excess of the maximum amount payable as adjusted in accordance with Subparagraph (b) above. Contractor's budget and work required will be negotiated with the Contractor. (d) The State agrees that the services to be provided based on the allocated caseload under EXHIBIT B. "SPECIAL PROVISIONS FOR THE WIC SUPPLEMENTAL FOOD PROGRAM", Paragraph 6(c) , will be reduced proportionately to the payment reduction cited in Subparagraph (c) above. 4. FEDERAL CONTRACT FUNDS (a) It is mutually understood between the parties that this contract may have been written before ascertaining the availability of congressional appropriation of funds for the mutual benefit of both parties in order to avoid program and fiscal delays which would occur if the contract were executed after that determination was made. (b) This contract is valid and enforceable only if sufficient funds are made available to the States by the United States Government 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 Congress or any statute enacted by the Congress which may affect the provisions, terms, or funding of this contract in any manner. (c) . It is mutually agreed that if the Congress does not appropriate sufficient funds for the program, this contract shall be amended to reflect any reduction in funds. (d) The Department has the option to void the contract under the 30-day cancellation clause or to amend the contract to reflect any reduction of funds. 5. TERMINATION (a) State may terminate this contract by giving the Contractor a sixty (60) day advance written notice. Notification shall state the effective date of the termination. (b) Contractor may terminate this contract by giving the State a ninety (90) day advance written notice. Notification shall state the effective date of the termination. (c) Contractor agrees upon notification of termination of contract to cooperate in any and all efforts to refer WIC participants to other local _ WIC agencies in order to maintain continuity of participation in the WIC program. Page 2 of 9 Contra Costa County Health Services 93-17682 6. ADDITIONAL PROVISIONS/EXHIBITS (a) The attached EXHIBIT B, consisting of six pages and entitled "SPECIAL PROVISIONS FOR THE WIC SUPPLEMENTAL FOOD PROGRAM", is incorporated herein and made a part hereof by this reference. (b) The attached EXHIBIT C, consisting of three pages and entitled "CALIFORNIA WIC PROGRAM - PROJECT BUDGET", is incorporated herein and made a part hereof by this reference. (c) If the word "ADVANCE" appears following Paragraph 15 entitled "ADVANCE PAYMENT", an attached EXHIBIT D, consisting of four pages and entitled "ADVANCE PAYMENT PROVISIONS", is incorporated herein and made a part hereof by this reference. (d) The attached EXHIBIT A(F) , consisting of twenty-seven pages and entitled "ADDITIONAL PROVISIONS", is incorporated herein and made a part hereof by this reference. (e) The attached EXHIBIT A-1, consisting of one page and entitled "EQUIPMENT PURCHASED WITH STATE FUNDS", is incorporated herein and made a part hereof by this reference. (f) The attached EXHIBIT A-2, consisting of one page and entitled "INVENTORY OF STATE FURNISHED PROPERTY", dated October 1, 1993, is incorporated herein and made a part hereof by this reference. (g) The attached EXHIBIT E. consisting of one page and entitled "CONTRACT UNIFORMITY", is incorporated herein and made a part hereof by this reference. 7. PAYMENT PROVISIONS Contractor shall be reimbursed for expenses as itemized in attached EXHIBIT C. Subject to State approval, the Contractor may make changes by transfer of funds between individual numbered line .items in the "CALIFORNIA WIC PROGRAM - PROJECT BUDGET", EXHIBIT C, provided the following applicable conditions are met: (a) The maximum amount of all such change(s) for any single numbered line item shall be limited to $10,000 in the aggregate, per numbered line item per contract year. (b) Contractor shall submit a written request to the State to transfer funds between numbered- line items prior to- Contractor's expenditure of funds, or together with Contractor's invoice requesting reimbursement for the expenditure. The written request shall include the following: (i) Justification for any increase requested in a numbered line item; and Page 3 of 9 1 Contra Costa County Health Services 93-17682 7. PAYMENT PROVISIONS (continued) (ii) Identification of the numbered line item(s) to be reduced in order to provide for the requested increase, and the amount by which such line items are to be reduced. The State reserves the right to deny Contractor's request to transfer funds and claim reimbursement for expenditures in excess of the budgeted line item amount. Therefore, Contractor is encouraged to seek State approval prior to the expenditure of funds. (c) Contractor shall submit a written request to the State to purchase any items of equipment. Such written request shall be submitted prior to Contractor' s expenditure for such equipment, and shall include justification for the equipment items requested. The State reserves the right to deny Contractor's claim for reimbursement for equipment purchases unless Contractor has sought and obtained prior State approval and has complied with procurement guidelines outlined in Paragraphs 3 and 5 of EXHIBIT A(F) . Nothing in this paragraph (Paragraph 7) shall be construed as a change in the maximum amount payable specified in Paragraph 3(a) . 8. CLAIMS FOR REIMBURSEMENT (INVOICES) (a) Contractor shall submit claims for reimbursement (invoices) on a regular monthly basis. Monthly invoices are due no later than the 30th of the month following the reporting month. In consideration of the services rendered in accordance with this contract and. performed in a manner acceptable to the State, the State will reimburse the Contractor in arrears, upon submission of an original invoice, following the instructions provided by the State. Invoices shall be submitted in accordance with the payment provisions shown in the "CALIFORNIA VIC PROGRAM - PROJECT BUDGET", EXHIBIT C, to the address specified in the "SPECIAL PROVISIONS FOR THE WIC SUPPLEMENTAL FOOD PROGRAM", EXHIBIT B. Invoices shall be prepared to reflect expenditures as itemized in the format shown in Exhibit C. (b) The final invoice, or any supplemental invoices submitted by the Contractor, shall be submitted no later than ninety (90) days following the expiration or termination date of the contract. The State reserves the right to deny payment of any invoice received more than ninety (90) days following the expiration or termination date of the contract. (i) The final invoice is the invoice for the last month of expenditures during the term of the contract for which reimbursement is requested. For contracts with an expiration date of September 30th, the final invoice will be the September invoice. For contracts with an earlier expiration date, or for contracts terminated prior to the expiration date, the final invoice will be for the last month of expenditures. Page 4 of 9 Contra Costa County Health Services 93-17682 8. CLAIMS FOR REIMBURSEMENT (INVOICES) (continued) (ii) A supplemental invoice is a claim for reimbursement of expenditures incurred and not previously claimed during the term of the contract. (c) Paid invoices submitted by Contractor shall not be evidence of allowable contract costs. 9. FISCAL DOCUMENTATION Adequate documentation of each transaction shall be maintained to permit the determination of the allowability of expenditures reimbursed by the State under this contract. If the allowability of expenditures cannot be determined because records or documentation of the Contractor are nonexistent or inadequate according to generally accepted accounting practices, the questionable cost shall be disallowed by the State. In the event of findings of disallowed costs, the Contractor has the right to appeal such findings within 30 days of notification of such findings. Such appeals shall be heard by a designee of the Director of the State Department of Health. Services. 10. CONFLICT OF INTEREST Contractor warrants that no conflict of interest exists between Contractor' s officers, agents, or employees. Contractor shall prevent employees, consultants, or members of governing bodies from using their positions for purposes that are, or give the appearance of being, motivated by a desire for private gain for themselves or others, such as those with whom they have family, business, or other ties. In the event that the State determines that a conflict of interest situation exists, any increase in costs associated with the conflict may be disallowed by the State and such conflict may constitute grounds for termination of the contract. This provision shall not be construed to prohibit employment of persons with whom the Contractor' s officers, agents, or employees have family, business, or other ties, so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant, and such persons have successfully competed for employment with other applicants on a merit basis. 11. VACANT POSITIONS/TIME BASE Contractor agrees that positions itemized in the "CALIFORNIA WIC PROGRAM - PROJECT BUDGET", EXHIBIT C, shall not be subject to Contractor' s personnel policy decisions to refrain from filling vacant positions and/or altering the time base specified in EXHIBIT C without obtaining written approval from the State. The State reserves the right to deny any claim for reimbursement which includes an altered time base. Page 5 of 9 f Contra Costa County Health Services y 93-17682 12. STATE APPROVAL OF PROJECT DIRECTORS Contractor shall notify the State immediately in writing upon designation of any project director. The State reserves the right to approve or disapprove any project director designated by the Contractor. Continued designation of the disapproved project director may constitute grounds for termination of the contract or reduction of the contract amount by the amount of the project director' s salary, at the option of the State. 13. REPORTING REQUIREMENTS Reporting requirements are set forth under "SPECIAL PROVISIONS FOR THE WIC SUPPLEMENTAL FOOD PROGRAM", EXHIBIT B. 14. PROVISION OF INFORMATION Contractor shall provide the State with requested information relevant to Contractor' s performance under this contract no later than twenty-one (21) calendar days after receipt of the State' s written request. 15. ADVANCE PAYMENT State regulations allow the State, at its discretion, to make a single advance payment to agencies which meet specific criteria. If the State has determined that an advance may be made to the Contractor under this agreement, it shall be so indicated by the word "ADVANCE" in the space below. If the State has determined that an advance shall not be made to the Contractor under this agreement, it shall be so indicated by the words "NO ADVANCE" in the space below. "NO ADVANCE" If the word "ADVANCE" appears in the space above, the attached EXHIBIT D, entitled "ADVANCE PAYMENT PROVISIONS", sets forth the conditions governing advances. The word "ADVANCE" in the space above does not guarantee that an advance will be authorized . and issued to the Contractor. Additionally, any documents required in accordance with EXHIBIT D must be reviewed and approved by the State, and any prior year advance payment must be fully liquidated, prior to issuance of an advance. Page 6 of 9 Contra Costa County Health Services 93-17682 16. PRIORITY OF PROVISIONS Where inconsistencies may exist between the numbered paragraphs of this contract and the attachments hereto, such inconsistencies shall be resolved by giving precedence in the following order: Federal Contract Funds, Paragraph 4 Termination, Paragraph 5 Standard Agreement (Remaining Paragraphs) Exhibit A(F) Exhibit B Exhibit C Other Exhibits 17. EQUIPMENT The State shall require that any equipment purchased or provided by the State under this contract be repaired, at no cost to the State, if damaged while in the possession of the Contractor. The State shall also require that any equipment purchased or provided by the State under this contract be replaced, at no cost to the State, with comparable equipment if lost or stolen while in the possession of the Contractor. Said replacements shall be the property of the State. 18. NONDISCRIMINATION CLAUSE (a) During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Contractors and subcontractors shall insure that the evaluation 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 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California 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. (b} This contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. Page 7 of 9 R Contra Costa County Health Services 93-17682 19. CIVIL RIGHTS (a) Contractor hereby agrees to comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) ; Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq. ) ; Section 504 of the . Rehabilitation Act of 1973 (29 U.S.C. 794) ; Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq. ) ; all provisions required by the implementing regulations of the Federal Department of Agriculture; Federal Department of Justice Enforcement Guidelines, 28 CFR 50.3 and 42; and Federal Department of Agriculture, Food and Nutrition Services(FNS) directives and guidelines, to the effect that, no person shall, on the grounds of race, color, national origin, sex, age or handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity for which the Contractor receives federal financial assistance from FNS. Contractor, by signing this agreement, hereby gives assurance to all interested parties that Contractor shall immediately take measures necessary to effectuate these regulations. (b) By giving this assurance, Contractor agrees to compile data, maintain records, and submit reports, as required, to permit effective enforcement of the nondiscrimination laws, and to permit authorized USDA personnel, during normal working hours, to review such records, books and accounts as needed to ascertain compliance with the nondiscrimination laws. (c) If there are any violations of this assurance, FNS shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Contractor, her/his successors, transferees, and assignees, as long as they receive assistance or retain possession of any financial assistance from the FNS. The person or persons whose signatures appear on the face of this contract are authorized to sign this assurance on behalf of the Contractor. 20. RECOVERY OF OVERPAYMENTS Contractor agrees that claims made against the Contractor pursuant to an audit by the state or federal government will be recovered by one of the following options: (a) Contractor' s remittance to the State of the full amount of the audit exception within 30 days following the State' s request for repayment. (b) A reduction of the Contractor' s claims for reimbursement (invoices) for WIC services for one or more months. (c) A repayment schedule which is agreeable to both the State and the Contractor. _ Page 8 of 9 Contra Costa County Health Services 93-17682 20. RECOVERY OF OVERPAYMENTS (continued) The State reserves the right to select which option will be employed and the Contractor will be notified by the State in writing of the claim procedure to be utilized. Interest on the unpaid balance will accrue at a rate set forth in applicable rule or statute, beginning 30 days after the Contractor' s receipt of the State' s demand for repayment. If the Contractor has filed a valid appeal regarding the report of audit findings, recovery of overpayments will be deferred. until a final administrative decision has been reached. If Contractor loses the final administrative appeal, the Contractor shall repay to the State the overclaimed expenditures plus accrued interest. Interest accrues from the Contractor's first receipt of notice requesting reimbursement of questioned audit costs. Page 9 of 9 ( e� - Ln � 44� k a\ k c 6 : � . � § k E cc 2 . � 3 \ 2 � kcr ® k O ui 2 � � k © t g § . U. x Q & s e s f 0 � c ca k t - LU S 2 a cr 2 . LU 2 c . CDlz \ . R E E : $ a . . � § E § 2 im 2 kc \ \ / / [ k ) � o t o E m � � a & V ? 9 9 q -ft© c o t � ƒ 0 " m 7 2 \ _ 2 _ / R ¢ ) / . § n _ Co _ 0 « � § J £ § 7 2 lu c � C c ] � o_ E - � � ■ ® § FA� 7 = g aEg k CrE 3 o m �0 V CD x 0a ■ ) � � CD q n z oIA ma \ mM2 CD r 0 r ■ 2 m E � �� X02 ® O 2 a-)" o p CD C ■ = k _ & E0) V - J U J m � \ . T. 2 gg 2 EG 2 va . 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U U •r•1 O •r, U -T m m > `v o c O t > b •ri •r•i -H U] -i -1 ri >•, •r•1 cn w •_ C'- - 1 0 E - F- m o._ f-1 1-1 L4 G G C O cd I a) r- --T ^ C m M o =- o a- u n - PQ N O a) O O O w N O O• m O o ~ " v Q ? c m H O a..) 4-Jm m m a) P. is ca 03 m >4 ; 0. v •-I m m •r• cd 1 \ aA. ) .a m () Q > > u '" U) gZ P. co 4J in m _ O w Pa a) O )-1 cd W cd O 00 x O Pa cd a) M a. D ci ri U x � Pa Pa P. P4 U d W U .�".. Pa &4 X W z _, m u m y 9m 0 m L - U C M _ ~ :a ? u c r-i r-i ra r-i cn cn ri N ri 11 ra ri H cn u ^ ` ;� I O y > > > 7 N .- X - '� m O « 1 o S J mUa= aXi m t Z Q Q n 7 ^ m F o 4) j ;p ?z 0 o m � 1- V M Q AL D to r E*"AW STATE OF CALIFORNIA DEPARTMENT OF HEALTH SERVICES ADDITIONAL PROVISIONS (FOR FEDERALLY FUNDED SUBVENTION AIDAOCAL ASSISTANCE COST REIMBURSEMENT CONTRACTS/GRANTS) 1. Equal Ogggifunft 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. CMS hanxsond&fern No.02(11/9 1) e f. In the event of the Contractor's noncompliance with the requirements of this Equal Opportunity clause or with any federal rules, regulations„ or orders which are referenced In this clause, this contract may be canceled, termiinated, or suspended In whole or in part and the Contractor may be declared Ineligible for further federal or state contracts In accordance with procedures authorized in Federal Executive Order No. 11246 as amended and such other sanctions may be Imposed and remedies Invoked as provided in Federal Executive Order No. 11246 as amended, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The Contractor will Include the provisions of paragraphs [a I through [g] In every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor Issued pursuant to Federal Executive Order No. '11246 as amended, or Section 503 of the rehabilitation Act of 1973, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs or the State may direct as a means of enforcing such provisions including sanctions for noncompliance-provided, however, that In the event the Contractor becomes Involved In, or Is threatened with, litigation with a subcontractor or vendor as a result of such direction by the State, the Contractor may request In writing to the State, who, In turn, may request the United States to enter into such litigation to protect the Interests of the State and of the United States. Travel and Per Diem Any reimbursement for necessary traveling and per diem shall be at rates not to exceed those amounts paid to the State's represented employees under collective bargaining agreements currently In effect. No travel outside the State of California shall be reimbursed unless prior written authorization Is obtained from the State. 3. IRmcurement Raquel ement a. Prior authorization In writing by the State will be required before the Contractor will be reimbursed for any purchase order or subcontract exceeding $2,500 for any articles, supplies, equipment, or services or for any fee, or other payment, for consultation of three hundred fifty dollars ($350) or more per day. The Contractor must provide In Its request for authorization all particulars necessary for evaluation of the necessity or desirability of Incurring such cost, and as to the reasonableness of the price or cost. For purchases of any said articles, supplies, equipment, services, or for consultant fees exceeding such minimum amount, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. b. If other than the lowest bidder or a sole-source provider Is selected, all documents used In contractor selection must be presented In writing to the State for prior approval before awarding any contract, and maintained for possible future audit as specified In paragraph 7 below. c. The terms "purchase order" and "subcontract" as used in the above paragraph 3a only, excludes: (a) purchase orders not exceeding $2,500, and (b) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public. -2- f E~A(F) 4. Standards of Wofk The Contractor agrees that the performance of work and services pursuant to the requirements of this contract shall confirm to high professional standards. 5. Fumishina of Rogady by the State or Purchase of Property 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 sold equipment to the State. Final 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 motor vehicles. (b) If, under the provisions of paragraphs (2) or (3) above, any part of such property is motor vehicles, the State authortres 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 sold 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,o 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- The certificate of insurance must Include provisions(1)and(ii),stating that: ' (1) The Insurer will not cancel the Insured's coverage without 30 days prior written notice to the State. (iq The State of California,Its officers, agents,employees,and servants are Included as additional insureds, but only Insofar as the operations under this contract are concerned. Contractor agrees that the bodily Injury liability Insurance herein provided for shall be In effect at all times during the term of this contract. In the event said Insurance coverage expires at any time or times during the term of this contract, Contractor agrees to provide at least thirty (30) days prior to said expiration date a new certificate .of Insurance evidencing Insurance coverage as provided for herein for not less than the remainder of the term of the contract, or for a period of not. less than one (1) year. New certificates of Insurance are subject to the approval of said Department of General Services, and Contractor agrees that no work or services shall be performed prior to the giving of such approval. In the event Contractor falls to keep in effect at all times Insurance coverage as herein provided, State may, in addition to any other remedies it may have, terminate this contract upon the occurrence of such event. b. If the Equipment line item budget in this contract Is $10,000 or more, the State shall purchase said equipment through Its Office of Procurement. The cost of the procurement of equipment will be deducted from the contract amount. Contractor shall submit to the State a separate list of the equipment spectflcations. State will pay vendor directly for equipment purchases and title to the equipment will remain with the State. The equipment will be delivered either to the Contractor's address as stated in the contract unless notified by the Contractor In writing. c. (1) Title to state property shall not be affected by the Incorporation or attachment thereof to any property not owned by the State, nor shall such state property, or any part thereof, be or become a fixture or lose its identity as personality by reason of affixation to any realty. (2) Unless otherwise provided herein, the State shall not be under any duty or obligation to restore or rehabilitate, or to pay the cost of the restoration or rehabilitation of the Contractor's facility or any portion thereof which is affected by removal of any state property. (3) The Contractor shall maintain and administer,in accordance with sound business practice, a program for the utilization, maintenance, repair, protection, and preservation of state property so to assure its full availability and usefulness for the performance of this contract. The Contractor shall take all reasonable steps to comply with all appropriate directions and Instructions which the State may prescribe as reasonably necessary for the protection of state property. d. For equipment only. Before equipment purchases made by the Contractor are reimbursed by the State,the Contractor must submit paid vendor receipts identifying the purchase price, description of the Item, serial number, model number, and location where equipment will be used during the term of this agreement. Said paid receipts will be attached to Contractor's Invoices submitted to the State. -4- Exh M 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. Examination of Accounts. Audit. Records.and Subcontract Language 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 (1) 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 EBBS 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 fide 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- 9. tns132CA D The State, through any authorized representatives, has the right at all reasonable times to Inspect or otherwise evaluate the work performed or being performed hereunder including subcontract supported activities and the premises In which it Is being performed. If any Inspection or evaluation Is made by the State of the premises of the Contractor or a subcontractor, the Contractor shall provide and shall require his subcontractors to provide all reasonable facilities and assistance for the safety and convenience of the state representatives In the performance of their duties. All Inspections and evaluations shall be performed in such a manner as will not unduly delay the work. 10. Nondiscrimination In Services_ Benefits_and Fbcllities a. The Contractor will not discriminate In the provision of services; because of race, color, creed, national origin, sex, age, or physical or mental handicap as provided by state and federal law. b. For the purpose of this contract, distinctions on the grounds of race, color, creed, national origin, sex, age, or physical or mental handicap Include, but are not limited to, the following: denying a participant any service or providing a benefit to a participant which Is different, or is provided In a different manner or at a different time from that provided to other participants under this contract; subjecting a participant to segregation or separate treatment in any matter related to his receipt of any service; restricting a participant In any way In the enjoyment of any advantage or privilege enjoyed by others receiving any service or benefit; treating a participant differently from others In determining whether he satisfied any admission, enrollment quota, eligibility, membership, or other requirement or condition which Individuals must meet in order to be provided any service or benefit; the assignment of times or places for the provision of services on the basis of the race, color, creed, or national origin of the participants to be served. c. The Contractor will take affirmative action to ensure that Intended beneficiaries are provided services without regard to race, color, creed, national origin, sex, age, or physical or mental handicap. d. The Contractor agrees that complaints alleging discrimination In the delivery of services by the Contractor or his or her subcontractor because of race, color, national origin, creed, sex, age, or physical or mental handicap will be resolved by the State through the Department of Health Services' Affirmative Action/Discrimination Compliant Process. e, The Contractor shall, subject to the. approval of the Department of Health Services, establish procedures under which service participants are Informed of their rights to file a complaint alleging discrimination or a violation of their civil rights with the Department of Health Services. f. The Contractor shall operate the program or activity In such a manner that It Is readily accessible to and usable by mentally or physically handicapped persons pursuant to 45 Code of Federal Regulations, Parts 84,Sectlons 84.21 and 84.22. g. The Contractor shall keep records, submit required compliance reports, and permit state access to records In order that the State can determine compliance with the nondiscrimination requirements pursuant to 45 Code of Federal regulations, Parts 80, 84, and 90, Sections 80.6, 84.6 1. and 90.42. -6- Exhb"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 I�n 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 Gontractor 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- g. Deferred Ordering and Dellvery of Data. The Federal Government or State shall have the right to order, at any time during the performance of this contract, or .within two years from either acceptance of all Items (other than data) to be delivered under this contract or termination of this contract, whichever is later, any Subject Data and any data not called for In the schedule of this contract but generated In performance of the contract, and the Contractor shall promptly prepare and deliver such data as Is ordered. If the principal Investigator is no longer associated with the Contractor, the Contractor shall exercise Its best efforts to prepare and deliver such data as Is ordered. The Federal Government's or State's right to use data delivered pursuant to this paragraph (g) shall be the some as the rights In Subject Data as provided In "b" above. The Contractor shall be relieved of obligation to furnish data pertaining to an Item obtained from a subcontractor upon.the expiration of two years from the date he accepts such Items. When data, other than Subject Data, Is delivered pursuant icy this paragraph (g), payment shall be made, by equitable adjustment or otherwise, for converting the data Into the prescribed form, reproducing It or preparing It foi delivery. The terms of such payment shall be agreed upon In writing by the Contractor and the State and/or Federal Government, whichever ordered the production of the data. 14. Disabled Veterans and V terans of the Vietnam Era a. The Contractor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam era In regard to any position for which the employee or applicant for employment Is qualified. The Contractor agrees to take affirmative action to employ, advance In employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam era without discrimination based upon their disability or veterans status In all employment practices such as the following: employment upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, Including apprenticeship. b. The Contractor agrees that all suitable employment openings of the Contractor which exist at the time of the execution of this contract and those which occur during the performance of this contract, Including those not generated by this contract and Including those occurring at an establishment of the Contractor other than the ane wherein the contract Is being performed but excluding those of Independently operated corporate affiliates, shall be listed at an appropriate local office of the state employment service system wherein the opening occurs. The Contractor further agrees to provide such reports to such local office regarding employment openings and hires as may be required. State and local government agencies holding federal contracts of $10,000 or more shall also list all their suitable openings with the appropriate office of the state employment service, but are not required to provide those reports set forth In paragraphs'd" and'e'. c. Listing of employment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment .source or effort and shall Involve the normal obligations which attach to the placing of bona fide job order, including the acceptance of referrals of veterans and nonveterans. The listing of employment openings does not require the hiring of any particular job applicant or from any particular group of job applicants, and nothing herein Is Intended to relieve the Contractor from any requirements In Executive Orders or regulations regarding nondiscrimination in employment. -13- ExhW 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 focal 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) "AII 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- (2) "Appropriate office of the state employment service system" means the local office of the federal/state national system of public employment offices with assigned responsibility for serving,the area where the employment opening Is to be filled, including the District of Columbia, Guam, Puerto Rico, and the Virgin Islands. (3) `Openings which the Contractor:proposes to fill from within his own organization' means employment openings for which no consideration will be given to persons outside the Contractor's organization (Including any affiliates, subsidiaries, and the parent companies) and Includes any openings which the Contractor proposes to fill from regularly established*recall*lists. (4) "Openings which the Contractor proposes to fill pursuant to a customary and traditional employer-union hiring arrangement" means employment openings which the contractor proposes to fill from union halls which Is part of the customary and traditional hiring relationship which exists between the Contractor and representatives of his employees. 1. The Contractor agrees to comply with the rules, regulations, and relevant orders of the Federal Secretary of Labor Issued pursuant to the Act. j. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken In accordance with the rules, regulations, and relevant orders of the Federal Secretary of labor Issued pursuant to the Act. k. The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices In a form to be prescribed by,the Director of the Office of Federal Contract Compliance Programs, provided by or through the contracting Officers or State. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era for employment, and the rights of applicants and employees. I. The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding that the Contractor Is bound by terms of the Vietnam Era Veteran's Readjustment Assistance Act and Is committed to take affirmative action to employ and advance In employment qualified disabled veterans and veterans of the Vietnam era. m. The Contractor will Include the provisions of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations,'or orders of the Federal Secretary of Labor Issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to.any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, Including action for noncompliance. 15. Clean 1U and Wafer a. (Applicable only If the contract Is not with a sole source vendor of products or services, or If It exceeds$5,000.) The Contractor agrees under penalty of perjury (It,he,she) Is not In violation of any order or resolution which Is not subject to review promulgated by the State Air Resources Board or an air pollution district. -10- E~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- (5) To report violations to the State and to the Assistant Administrator for Enforcement. (6) To Insert the substance of the provisions of paragraph (bj Into any nonexempt subcontract, Including this paragraph (b6J, and to take such action as the Federal Government may direct as a means of enforcing such provisions. 16. Utilization of Small Business and Minority and Women Owned Business Enterprise a. It Is a federal policy to award a fair share of contracts to small, minority, and women owned business firms. The State Legislature has declared that a fair proportion of the total purchases and contracts or subcontracts for property and services for the State be placed with small minority and women owned business enterprises. b. A firm shall qualify as a small business it It meets the requirements specified In Government Code Section 14837. c. The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest. extent consistent with efficient contract performance. As used In this contract, the term "minority business enterprise" means a business concern (1) which Is at least 51 percent owned by one or more minority group members or women, or In the case of publicly owned business, at least 51 percent of the stock of which Is owned by one or more minority group members or women; and (2) whose management and dally business operations are controlled by one or more such Individuals. A minority group member is a person who Is Black, Aslan, Hispanic, Filipino, Polynesian, American Indian, or Alaskan Native. "Control,'as used in this clause, means exercising the power to make policy decisions. d. Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as minority business enterprises In lieu of an Independent Investigation. 17. PJ aft If Printing or other reproduction work of more than an Incidental and minor dollar amount Is a reimbursable Item in this contract, It shall be printed or produced by the State Printer. The State Printer may, at his sole option, elect to forego said work and delegate the work to the private sector. If the State Printer prints or produces said work, or the State obtains the printing or other work through the Office of State Procurement, the cost will be deducted from sold contract amount. This requirement does not apply to normal in-house copying necessary for routine business matters of the Contractor. 18. Prier Apprnvnl of Training Seminars_Workshnas_ or Conferences Contractor shag obtain prior state approval over the location, costs, dates, agenda, Instructors, Instructional materials, and attendees at any reimbursable training seminar, workshop or conference, and over any reimbursable publicity or educational materials to be made avallable for dlstrbution. The Contractor shall acknowledge the support of the State whenever publicizing the work under the contract In any media. This paragraph does not apply to necessary staff meetings to conduct routine bt*xm matters. -12- ' 1X Wf A(F) 19. 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. Ng ional Lahar Relatlons Baard C1kdWcatlQa (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. Documenh,and Written Repgdj 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. ResQluHon of®hent Service CQntracf®IsputW 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- c. Disputes arising out of an audit or examination of a contract not covered by subdivision (a)of Section 20204,of Chapter 2.1.Title 22,of the California Code of Regulations, and for which no procedures for appeal are provided in statute, regulation or the contract shall be handled in accordance with the procedures identified In Sections 51016 through 51047,Title 22,California Code of Regulations. 23.' Flognclgl and QcmRJ1gncn Audit of Nang=Jona (Applicable only If Contractor is a private,nonprofit entity) a. Definitions within this paragraph are defined In Section 38040 of the Health and Safety Code,which,by this reference,Is made a part hereof. b. Contractor agrees to obtain an annual single, organization wide, financial and compliance audit. The audit shalt be conducted in accordance with the requirements specified in the Federal Office of Management and the Budget (OMB) Circular A-133, 'Audits of Institutions of Higher Education and Other Nonprofit Organizations.' c. References to 'Federal' In OMB Circular A-133 shall be considered to man 'Federal and/or State' in contracts where State funds are present either alone or In conjunction with Federal funds. d. The audit shall be completed by the 15th day of the fifth month following the end of the Contractor's fiscal year. Two copies of the audit report shall be delivered to the State program funding this contract. The report shall be due within 30 days after the completion of the audit. e. If the contractor receives less than $25,000 per year from the State, the audit shall be conducted biennially, unless there Is evidence of fraud or other violation of state law in connection with this contract. This requirement takes precedence over the OMB A-133 section which exempts from Federal audit requirements any nonprofit institution receiving less than$25,000 per year. f. The cost of such audit may be included In the funding for this contract up to the proportionate amount this contract represents of the Contractor's total revenue. g. The State, or Its authorized designee including the Auditor-General, is responsible for conducting contract performance audits which are not financial and compliance audits. h. Nothing In this contract limits the State's responsibility or authority to enforce State law or regulations,procedures,or reporting requirements arising pursuant thereto. 1. Nothing in this paragraph limits the authority of the State to make audits of this contract, provided however, that If Independent audits arranged for by Contractor meet generally accepted governmental auditing standards, the State shall rely on those audits and any additional audit work shall build upon the work already done. J. The State may, at its option,direct its own auditors to perform the single audit described In OMB Circular A-133. The State's auditors shall meet the Independence standards specified in Government Auditing Standards. The audit shall be conducted in accordance with OMB Circular A-133 so as to satisfy all State and Federal requirements for a single organization wide audit. 24. Contract Amendments a. This contract may be amended by mutual agreement between the parties and, if required by Government Code, Section 11010.5, or Public Contract Code-Section 10355,the amendment shall be subject to the approval of the Department of General Services,unless otherwise exempted. -14- E~A(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. Eval anon of Contractors 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 Format State EmploJUIRS 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 sold 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 limitation, 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- (7) Occasional or one-time reimbursement of a state employee's travel expenses Is not acceptable. (Citation: Public Contract Code, Section 10410) b. Former State Officers and Employees (1) Contractor shall not utilize In the performance of this contract any formerly employed person of any state agency or department that was employed under the state civil service, or otherwise appointed to serve In the State Government, if that person was engaged In any negotiations, transactions, planning, arrangement, or any part of the decision-making process relevant to the contract while employed In any capacity by any state agency or department. This prohibition shall apply for a two-year period beginning on the date the person left state employment. (2) Contractor shall not utilize within 12 months from the date of separation of services, a former employee of the contracting state agency or department If that former employee was employed In a policy making position In the same general subject area as the proposed contract within the 12-month period prior to the employee leaving state service. (Citation: Public Contract Code,Section 10411) c. Failure to Comply with Subparts"a"or"b" (1) If Contractor violates any provision of Subparts "a" or "b" above, such action by Contractor shalt render this contract void, unless the vlointion Is to _hni _al or nnnsiibstnntive. (Citation: Public Contract Code, Section 10420) 27. Single Audd Ant of 196A(applicable only If Contractor is a governmental entity) In accordance with Public law 98-502 and OMB Circular A-128, it is stipulated between the parties hereto that: a. The cost of the single audit.will be charged to the federal assistance program providing funds for this agreement on a "Fair Share" basis. The amount chargeable to federal assistance programs for the cost of the single audit is calculated based on the ratio of federal expenditures to total expenditures of the Contractor. The State's share of the single audit cost under this contract Is based upon the ratio of federal funds received under this agreement to total federal funds received by the Contractor each fiscal year. b. 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. c. Federal or State auditors shall have "expanded scope auditing" authority to conduct specific program audits during the same period in which a single audit is being performed, but the audit report has not been Issued. The federal or state auditors shall review and have access to the current audit work being conducted and will not apply any testing or review procedures which have not been satisfied by previous audit work that has been completed. -16- W"A(F) The term 'expanded scope auditing' is applied and defined In the U.S. General Accounting Office (GAO) Issued Standards for Audit of Governmental Ogganizotlons, Programs,Acth4tles and Functions,better known as the'yellow book." 28. Contractor shall provide written notice to the State at least 30 days prior to any changes to the Controctor's current legal name. 29. 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., W 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 falling to carry out the requirements of subdivisions(a)through(c)above. -17- 31. Contractor agrees to comply with the debarment and suspension requirements as found In 7 Code of Federal Regulations,Part 3017,or as amended. 32. LIMITATIONS ON PAYMENTS TO INFLUENCE S (a) Deflnitions. As used In this Exhibit. 'Agency; as defined in 5 U.S.C. 552(f), includes Federal execu:live departments and agencies as well as independent regulatory commissions and Government corporations,as defined in 31 U.S.C.9101(1). ,'Covered Federal action'means any of the following Federal actions: (1) The awarding of any Federal contract, (2) The making of any Federal grant; (3) The making of any Federal loan; (4) The entering Into of any cooperative agreement;and (5) The extension, continuation, renewal, amendment, or modification of any Federal contract,grant,loan,or cooperative agreement. Covered Federal action does not include receiving from an agency a commitment providing for the United States to Insure of guarantee a loan. 'Indian tribe' and 'tribal organization' have the meaning provided In section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B). Alaskan Natives are Included under the definitions of Indian tribes in the Act. 'Influencing or attempting to Influence'. means making, with the Intent to influence, any communication to or appearance before 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 covered Federal action. 'Local government' means a unit of government in a State and, If chartered, established,or otherwise recognized by a State for the performance of a government duty, Including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other Instrumentality of a local government. 'Officer or employee of an agency' includes the following individuals who are employed by an agency: (1) An Individual who Is appointed to a position in the Government under title 5, U. S. Code,including a position under a temporary appointment; (2) A member of the uniformed services as defined In section 101(3), title 37, U. S.Code; (3) A special government employee as defined In section 202, title 18, U. S. Code; and (4) An individual who Is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act,title 5.U.S. Code,Appendix 2. -18- "Person" means on individual, corporation, company, association, authority, firm, partnership, society, Stote, 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 organizatkm 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- (B) For purposes of paragraph (b)(2)(1)(A), providing any Information specifically requested by an agency or Congress is allowable at any time. (C) For purposes of paragraph (b)(2)(1)(A) of this section, the following agency and legislative liaison activities are allowable at any time only where they are not related to a specific solicitation for any covered Federal action: (D Discussing with any agency (including individual demonstrations) the qualities and. characteristics of the person's products or services,conditions or terms of sale,and service capabilities;and, (ID Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use. (D) For purposes of paragraph (b)(2)(1)(A) of this section, the following agency and legislative liaison activities are allowable only where they are prior to formal solicitation of any covered Federal action: (D Providing any information not specifically requested but necessary for an agency to make an Informed decision about initiation of a covered Federal action; (ID Technical discussions regarding the preparation of on unsolicited proposal prior to Its official submission;and, (IID Capability presentations by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Public Low 95-507 and other subsequent amendments. .(4 Only those activities expressly authorized by paragraph (b)(2)(1) are allowable under paragraph(b)(2)(D. (ID Professional and technical services by 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 of reasonable compensation made to an officer or employee of o person requesting or receiving a Federal contract or an extension, continuation, renewal, amendment, or modification of a Federal contract if 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. -213- (B) For purposes of paragraph (b)(2)(11)(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 an 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 an 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)(0) are allowable under paragraph(b)(2)(I1). (Ili) 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. (N) 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- (B) For purposes of paragraph (b)(2)0v)(A), 'professional and technical , services' shall be limited to advice and 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 an 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 or 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 an 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 recelving 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) Persons other than officers or employees of a person requesting or receiving a covered Federal action Include consultants and trade associations. (E) Only those services expressly authorized by paragraph (b)(2)Qv) of this section are allowable under paragraph(b)(2)(Iv). (v) The prohibition on use of Federal appropriated funds does not apply to Influencing activities not in connection with a specific covered Federal action. These activities Include those related to legislation and regulations for a program versus a specific covered Federal action. (55 Fed. Reg. 24542 (June 15, 1990).) (c) Certification and Disclosure. (1) Each person (or recipient) who requests or receives a contract, subcontract, grant,or subgrant,which Is subject to section 1352 of title 31,United States Code, and which exceeds $100,000 at any tier, shall file a certification (in the form set forth in Attachment 1, consisting of one page, entitled 'Certification Regarding Lobbing') that the recipient has not made, and will not make, any payment prohibited by paragraph(b)of this Exhibit. -22- • (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: (n 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 (ID A change In the person(s) or Individual(s) influencing or attempting to Influence a covered Federal action;or, (ill) 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. (4) 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 foams 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 $10A00 and not more than$100, 0 for each such expenditure. (2) Any person who fails to file or amend the disclosure form to be filed or amended If required by this Exhibit,shall be subject to a civil penalty of not less than $10000 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 mode 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- s' Attachment 1 STATE OF CALIFORNIA DEPARTMENT OF HEALTH SERVICES CERTIFICATION REGARDING LOBBYING The undersigned certifies,to the best of his or her knowledge and ballet,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 certlficatlon 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 certlflcation shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. None of Cor*odor Rtntod Name of F*scn SlynN for Contractor Cordrocf/Gant Nnrber SVx*ro of Paan 9gr*V for conhaclor _ Chairman, Board of Supervisors" Gate Me 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 hstimflond McMn No.13(10/91) -24- a Attachment 2 DISCLOSURE OF LOBBYING ACTIVITIES AR ��� Complete this form to disclose lobbying actNifles pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ® a. contract ❑ a. bid/offer/application ❑ a. Initial fling b. grant b. Initial award b. materld 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 Prl ❑ Rime ❑ 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 appilcable: 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: (If 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 El d contingent fee ❑ b. In-kind,specify: Nature ❑ e. deferred Value _ ❑ f. other,specify: 14. Brief Description of Services Performed or tone Performed and Dates)of Service,Including Officer(s).Employee(s), or Member(s)Contacted.for Payment indicated In Rem 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 SgrKite 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, P&dNorne. U.S.C.,Section 1352. This Information will be reported to the Congress semiannually and will be available for public ; Inspection. Any person who falls to file the required disclosure shall be subject to a cM1 penalty of not less than$10A00 and not more than$100A00 for each such failure. St No.: oOr' y' Authorized for Local Reproduction t Standard form—LLL CMS r,aructlond BVie0n No.14 00i9u -25- i INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the , Initiation or receipt of a covered Federal action, or a material change to a previous filing.,pursuant to Title 31.U.S.C., Section 1352. The filing of a forth is required for each payment or agreement to make payment to any lobbying entity 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 a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional Information if the space on the form is inadequate. Complete all Items that apply for both the Initial fling and material change report. Rater to the implementing guidance published by the Office of Management and Budget for additional Information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to Influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identity the appropriate classification of this report. If this Is a follow up report caused by a material change to the Information previously reported.enter the year and quarter In which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal Action. 4. Enter the full name,address,city.state and zip code of the reporting entity. Include Congressional District,If known. Check the appropriate classification of the reporting entity that designates If It Is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime Is the 1st tier. Subawards Include but are not limited to subcontracts,subgrants and contract awards under grants. 5. K the organization filing the report in Item 4 checks'Subawordee;then enter the full name,address,city,state and zip code of the prime Federal recipient. Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name.K known. For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (Item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. B. Enter the most apptoprlate Federal Identifying number available for the Federal action Identified In Item 1 (e.g..Request for Proposal(RFP)number: krvifatIon for Old(IFB)number: grant announcernent number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes,e.g.*RFPDE-90-001.' 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loon commitment for the prime entity Identified In Item 4 or 5. 10. (a) Enter the full name, address,city,state and zip code of the lobbying entity engaged by the reproting entity Identified In Item 4 to Influence the covered Federal action. (b) Enter the full names of the Indivldual(s)performing services,and Include full address If different from 10.(a). Enter last name,first name,and middle Initial(MO. 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4)to the lobbying entity(Item 10). INdicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this Is a material change report,enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply if payment Is made through an In-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all box(es)that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed. or will be expected to perform,and the date(s)of any services rendered. Include all preparatory and related activity;not Just time spent In actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s),or Member(s)of Congress that were contacted. 15. Check wether or not a SF-LLL-A continuation Sheet(s)is attached. 16. The certifying official shall sign and date the form,print his/her name,title.and telephone number. Public reporting burden for this collection of Information Is estimated to average 30 minutes per response, Including time for reviewing Instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of Information. Send comments regarding the burden es timate or any other aspect of this cgllection of Information. Including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348-0046).Washington.D.C.,20503. -26- 1 DISCLOSURE OF LOBBYING ACTIVITIES CONTINUATION SHEET Approved by OMB -34840M Reporting Entity: Page of Au*%orked for Locd P*xoduchon CMS hstructiorxi&Aetln No. 14(10/91) -27- 91ondad Fam-U.L-A ` State of California Department of Health Services Health and Welfare Agency WIC Supplemental Food Branch EXHIBIT B SPECIAL PROVISIONS FOR THE WIC SUPPLEMENTAL FOOD PROGRAM Contractor shall operate the WIC Supplemental Food Program in accordance with applicable federal and state laws and regulations, including Public Law 101-147, Section 17. [1786] ; 7 Code of Federal Regulations (CFR) , Part 246; Health and Safety Code, Section 311 et seq. ; California Code of Regulations (CCR) , Title 22, Sections 40601 et seq. ; and in accordance with instructions set forth in the WIC Program Manual, published by the State Department of Health Services, WIC Supplemental Food Branch, June 1, 1988 and updated as required, and in accordance with other directives or instructions which may periodically. be issued by the State. The State shall provide the Contractor with a copy of the WIC Program Manual and periodic updates thereto. Said manual is incorporated herein by reference. Throughout this Exhibit there are references to instructions which are not specified herein. Such instructions are included in this manual. 1. Scope of Work Contractor shall: (a) Operate the Special Supplemental Food Program for Women, Infants, and Children, hereinafter referred to as "WIC"; (b) Certify only those persons determined eligible for WIC program benefits; (c) Document each WIC participant's eligibility on the WIC program eligibility form(s) provided by the State; (d) Provide a complete orientation for WIC participants, including instruction in proper use of WIC food vouchers and information on rightsand obligations under the WIC program; (e) Encourage receipt of ongoing health care by WIC participants; (f) Neither deny nor threaten to deny services to WIC participants on any basis other than those defined in the WIC Program Manual; and (g) Provide nutrition education to WIC participants in accordance with state requirements. 2. Reporting Requirements (a) Contractor shall submit to the State, by the dates prescribed, accurate and complete claims for reimbursement (invoices) , food voucher foils, and other required information or documents. The State reserves the right to assess a 1.5 percent penalty to the most recent monthly claim for reimbursement (invoice) submitted for submission of reports and other .required materials which are late, inaccurate, and/or incomplete. The penalty may be applied to subsequent monthly invoices for continued noncompliance with reporting requirements. Page 1 of 6 EXHIBIT B (continued) (b) Contractor shall submit to the State, by the date prescribed, the "Report of Estimated Expenditures" in accordance with the instructions issued by the State. Payment of Contractor's final claim for reimbursement may be withheld until an accurate and complete "Report of Estimated Expenditures" is received by the State. Failure to meet the reporting deadline for the "Report of Estimated Expenditures" may result in nonpayment by the State of Contractor's final claim for reimbursement. (c) Failure to expend, document, and .report a minimum of 18 percent of funds allocated under this contract on nutrition education activities may result in a reduction of the maximum amount payable for the following fiscal year contract in that amount below 18 percent of expenditures. (d) Failure to expend, document, and report a minimum of two percent of funds allocated under this contract on breastfeeding-promotion related activities may result in a reduction of the maximum amount payable for the following fiscal year contract in that amount below two percent of expenditures. (e) Contractor shall submit to the State, by the date prescribed, a plan for providing nutrition education to WIC participants. The State reserves the .right to withhold up to 18 percent of the funds allocated under this contract for failure to submit a nutrition services plan and/or carry out required nutrition education activities. (f) Contractor shall maintain a written record of contacts with local WIC food vendors, including information requests, reported voucher abuses by WIC participants and local WIC food vendors, etc. , on the forms specified by the State. (g) Contractor shall follow-up on reported voucher abuses by WIC participants, and shall refer reported abuses by WIC participants and local WIC food vendors to the State within 15 days of receipt. (h) Failure to submit documents or information required for the WIC Evaluation system, as specified in Paragraph 3 of this contract, may result in a 1.5 percent reduction to Contractor's claim for reimbursement, as provided for in Paragraph 3. 3. WIC Evaluation System Contractor shall follow procedures for the automated system for Program evaluation, as follows: (a) All personnel involved in the certification of WIC participants must 'attend state-sponsored training sessions on correct completion and submission of input documents and implementation of the automated system. (b) Submit certification information on the forms provided by the State.. Page 2 of 6 EXHIBIT B (continued) (c) Provide the State with information necessary to correct errors in participant data, within 25 days of receipt of notification by the State. The State may assess, after written notification, a 1.5 percent reduction of the most recent claim for reimbursement if the Contractor does not submit error correction information within 25 days of receipt of request. The penalty may be continued. (d) At the discretion of the State, and 60 days after written notification, a 1.5 percent reduction of the most recent claim for reimbursement submitted may be assessed if the Contractor's total error rate rejected by the computer system and in the pre-screening process exceeds ten percent for three consecutive reporting months. The penalty may be continued/reinstated if the error rate for any single subsequent reporting month exceeds ten percent. 4. Invoice and Correspondence Addresses Contractor shall submit invoices, reports, documents and correspondence to the following address, unless notified otherwise by the State: WIC Supplemental Food Branch 1103 North B Street, Suite E Sacramento, CA 95814 5. Publication Credit and Use of Materials (a) Contractor shall submit, prior to release, copies of any proposed publicity pertaining to the WIC program which is developed by the Contractor or other outside parties. The State reserves the right to modify or withdraw said publicity. (b) The State reserves the right to use and reproduce all reports and data produced under this contract, and reserves the right to authorize others to use or reproduce such materials. 6. Outreach (a) Contractor shall inform the public as to the availability of any services provided under this contract, including the type of services offered, the eligibility criteria for receiving services, and the time and place the services are available. (b) Contractor shall maintain a record of outreach contracts. Page 3 of 6 EXHIBIT B (continued) 7. Services to be Provided (a) Contractor agrees to provide WIC program food vouchers and nutrition education to the following WIC-eligible persons: Eligible residents of Contra Costa County. (b) Contractor will be notified in writing by the State of any changes in the eligible population/geographic service area described in Subparagraph (a) above, and shall adhere to any such changes. (c) Contractor agrees to distribute food vouchers to 9,400 participants monthly. The State will provide the contractor with the necessary food vouchers. (d) Contractor will be notified in writing by the State of any reduction to the monthly allocated caseload figure in Subparagraph (c) above, and shall adhere to any such reduction. Unless notified otherwise by the State, Contractor may distribute food vouchers in excess of the monthly allocated caseload figure in Subparagraph (c) above. (e) If, over any four consecutive months, beginning up to 90 days prior to the starting date of this agreement, Contractor' s average participation level falls below 90 percent of the monthly allocated caseload in Subparagraph (c) above, the State may, at its sole discretion, after 60 days prior notification in writing, reduce the Contractor's monthly allocated caseload so that the four months . average participation level represents 90 percent of the revised monthly allocated caseload. In the event that the monthly allocated caseload is reduced, the maximum amount payable under this agreement (Standard Agreement, Paragraph 3[a] ) will also be reduced proportionately. (f) The State may, at its sole discretion, waive the provisions stated in Paragraph 7(e) if restrictive policies are instituted which affect the Contractor' s ability to serve a minimum average caseload of 90 percent. 8. Adherence to Standards and Regulations (a) Contractor shall provide services under the terms of this agreement in accordance with the WIC Program Manual, a copy of which has been provided to the Contractor by the State. Page 4 of 6 EXHIBIT B (continued) (b) Contractor shall comply with all applicable Office of Management and Budget (OMB) Circulars, including but not limited to, OMB A-87 ("Cost Principles for State and Local Governments") , and OMB A-122 ("Cost Principles for Non-profit Organizations") . (c) Contractor shall comply with all laws and regulations for licensure and Medi-Cal certification, as applicable. (d) Contractors which provide ongoing, routine pediatric and/or obstetric care shall do so in accordance with the standards and schedules for comprehensive medical care established by the Child Health Disability Prevention (CHDP) Program and/or the American College of Obstetricians and Gynecologists (ACOG) , as applicable. 9. Additional Program Provisions (a) Contractor shall maintain and have available for review and audit all records pertaining to financial operations, food voucher receipt and issuance, equipment purchases and inventory, eligibility/ineligibility certifications, nutrition education, complaints of discrimination, requests for fair hearings, and any other program-related matters. (b) Contractor determinations regarding WIC participant eligibility/ineligibility made during the term of this contract shall be properly conducted and documented, as set forth in the WIC Program Manual. (c) Contractor shall obtain approval from the State prior to establishing or deleting sites for food voucher distribution to participants. (d) Contractor shall assume liability for food vouchers during the interval between Contractor' s receipt from the State of such vouchers and issuance to eligible WIC participants. The State reserves the right to assess .the Contractor the redemption cost to the State of vouchers which are lost, stolen, or otherwise unaccounted for. (e) Contractor shall issue one voucher packet to each eligible participant on a monthly basis. Contractor shall obtain written approval from the State prior to issuing food vouchers on a bi-monthly basis. (f) Contractor shall obtain written approval prior to mailing food vouchers to individual participants. (g) Contractor's representative must attend workshop(s) , and other training as may be required by the State. Funds may not be expended to support time, salaries, wages, per diem, or any other expense connected with a meeting not authorized by the State. Page 5 of 6 ` EXHIBIT B (continued) (h) Contractor shall conduct on-site visits of up to five percent of the retail food markets in the Contractor's food voucher redemption area, when specifically directed by the State, to ascertain the availability and price of WIC-authorized foods and/or to provide vendor education. (i) The nutrition component of the WIC program must be provided by, or under the direction of, a dietitian/nutritionist, who shall meet one of the following qualifications: (1) Be a registered dietitian, R.D. , credentialed by the Commission on Dietetic Registration of the American Dietetic Association;; (2) Be eligible for registration by the Commission on Dietetic Registration of the American Dietetic Association, and attain registered dietitian status prior to expiration of the eligibility period; and (3) Have been granted, prior to October 1, 1985, the right to use the term dietitian by a public or private agency or institution recognized by the State Department of Health Services as qualified to grant that title. (j) Contractor shall submit a written request to the State for any exception to the requirement in Paragraph 9(i) (1) above. Failure to obtain written approval may result in denial of any claim for reimbursement (invoice) for a dietitian/nutritionist position if the individual does not meet the requirements of Paragraph 9(i) (1) above. (k) All staff persons hired after October 1, 1985, and designated in Exhibit C of this contract as either a "dietitian" or "nutritionist" shall be a registered dietitian, R.D. , credentialed by the Commission on Dietetic Registration of the . American Dietetic Association, or shall be eligible for such registration. Persons eligible for registration shall attain registered dietitian status prior to the expiration of the eligibility period. (1) Contractor shall establish office procedures which ensure that WIC participants and the general public are able to contact the Contractor by telephone or personal visit during normal business hours without unreasonable delay. (in) Except as noted in Subparagraph (n) , below, Contractor shall issue infant formula vouchers for the purchase of Similac with Iron and Isomil. (n) Contractor may issue vouchers for the purchase of infant formula other than that named in Subparagraph (m) above only upon the authority of a licensed physician' s signed prescription, and in accordance with the program policy established by the State for this purpose. A copy of the prescription must be maintained in the WIC participant' s record. Page 6 of 6 EXHIBIT C CALIFORNIA WIC PROGRAM - PROJECT BUDGET Contractor: Contra Costa County Health Services Contract Number: 93-17682 Contract Period: 10/01/93-09/30/94 A. Personal Services (Percent) (Monthly) Total Per Total Per Numbered Position Time Salary Rate Position Line-Item Project Director 80 $3,600-5,400 $ 43,776 Nutritionists 300 3,000-4,000 118,216 Home Economists 300 2,700-3,300 105, 760 Clerical 1300 1,448-3,400 318,172 Accounting Tech 20 3,000-3,400 7,344 Registered Nurse/LVN 200 hrs. 12.00-33.00/hr. 5,400 Extra Help & 120 hrs. 6.00-33.00/hr. 776 Translators 1. Total Salaries and Wages: $599,444 2. Total Fringe Benefits: $203,811 Total Personal Services: $803,255 Page 1 of 3 EXHIBIT C Contractor: Contra Costa County Health Services Contract Number: 93-17682 B. Operating Expenses Total Per Total Per Numbered Subline-Item Line-Item 3. Travel and Per Diem: $ 7,352 Mileage and per diem shall not exceed current State rates. 4. Equipment Purchases (List Items & Cost) : $ 50 Subject to separate written approval by State WIC Branch prior to expenditure of funds. 5. General Expenses: a ADP Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ -0- b. Space Utilization. . . . . . . . . . . . . . . . . . . . . . . . . . .$57,453 Clinic Facilities: Pittsburg - 550 School St. : 1,712 sq.ft. @ $0.33-0.43/sq.ft. x 12 mos. _ $ 6,780 Concord - 2355 Stanwell Dr. : 1,676 sq.ft. @ $1.52-1.56/sq.ft. x 12 mos. _ $30,570 Richmond - 100 38th St. : 4,338 sq.ft. @ $0.36-0.46/sq.ft. x 12 mos. _ $18,740 Associated Space Costs - e.g. , utilities, security, insurance, maintenance, janitorial, etc. _ $ 1,363 c. Supplies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,85.1 d. Communications (postage/telephone) . . . . . . . . . .$ 8,560 e. Equipment Use Allowance/Rent/Lease/ Repair/Maintenance. . . . . . . . . . . . . . . . . . . . . . .$ 1,384 f. Inventory-Controlled, Non-Equipment Items. . .$ -0- e.g. , T.V. , VCR, etc. , less than $500/unit. g. Inventory-Controlled, Non-Equipment Modular Office Furniture. . . . . . . .. . . . . . . . . . .$ -0- Subject to separate written approval by State WIC Branch prior to expenditure of funds. 5. Total General Expenses: $ 69,248 Page 2 of 3 EXHIBIT C Contractor: Contra Costa County Health Services Contract Number: 93-17682 B. Operating Expenses (continued) Total Per Total Per Numbered Subline-Item Line-Item 6. Breastfeeding Promotion/Support: $ 2,992 7. Nutrition Education: $ 2,484 8. Other: a. State Committee Meetings. . . . . . . . . . . . . . . . . . . .$ -0- Mileage and per diem for travel, and expenses for related activities. Travel reimbursement shall not exceed current State rates. b. Special Projects. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ -0- c. All Other. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,288 e.g. , duplicating, audit, insurance, outreach, translator, membership fees, etc. 8. Total Other: $ 4,288 9. Indirect Costs/Administrative Overhead $ 51,928 (List Components) : Personnel, Administration, Audit, Security, Payroll Total Operating Expenses: $138,342 Total Personal Services: $803,255 Total Operating Expenses: $138,342 TOTAL BUDGET: $941,597 Page 3 of 3 J ' State of Celifornie—Heaitn end welfare Agency Department of Health Services Contract Manaoament Secuon Exhibit E. Contract Uniformity Pursuant to the provisions of Article 1.8 (commencing with Section 242) of Chapter 2 of Pan 1 of Division 1 of the Health and Safety Code, the Department of Health Services, an agency of the State of California, sets forth the following policies,procedures,and guidelines regarding fringe benefits in direct-service (subvention)contracts. 1. As used in this aareement, frinoe benefits shall mean an employment benefit given by one's employer to an employee in addition to one's regular or normal wages or salary. As used herein, pension plan costs shall be construed as a fringe benefit. 2. As used herein, frfnoe penefit does not include: a. Compensation for personal services paid currently or accrued by the Contractor for services of employees rendered during the term of this agreement which is Identified as reouiar or normal salaries and waacs b. Director's and executive committee member's fees c. Incentive awards d. Allowances for off-site pay t e Incentive pay t i. Location allowances g. Hardship pay h. Cost-of-living differentials 3. To be an allowable fringe benefit.it Is agreed the cost must meet the following criteria: a. Be necessary and reasonable for the performance of the contract b. Be determined In accordance with generally accepted accounting principles c. Be consistent with policies that apply uniformly to all activities of the Contractor 4. Specific allowable fringe benefits are identified as: a. Frinoe benefits representing regular compensation paid to employee for vacation, sick leave, jury duty. military training, and the like provided they are absorbed by all organizational activities In proportion to the relative amount of time or effort actually devoted to each b. Fringe benefits to the form of employer contributions for payroll taxes, employee health and unemployment insurance, worker's compensation, and employer's share of pension plans provided they are granted in accordance with established written organization policies 5. It is agreed by both oartfes that any and all fringe benefits shall be at cost. CM5 fnrtructionai Buueim No 11 (51M