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HomeMy WebLinkAboutMINUTES - 07261994 - 2.2 TO: BOAR OF SUPERVISORS FROM: A' �- � Contra Mark Finucane, Health Services Director (� By: Elizabeth A. Spooner, Contracts Administrat Costa DATE= Count`/ July 13, 1994 1 SUBJECT: Approve Standard Agreement #29-316-17 with the State Department of Health Services for the High Risk Infant Follow-Up Project SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Chair to execute, on behalf of the County, Standard Agreement #29-316-17 (State #94-19605) with the State Department of Health Services, in the amount -of $251, 886 per fiscal year, for the period from July 1, 1994 through June 30, 1996, for continuation of the High Risk Infant Follow-Up Project. II. FINANCIAL IMPACT: Approval of this agreement will result in $251, 886 per fiscal year of State funding to continue the , High Risk Infant Follow-Up Project through June 30, 1996. No County matching funds are required. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: On March 22, 1994, the Board of Supervisors approved submission of Funding Application #29-316-16 with the State Department of Health Services for the High Risk Infant Follow-Up Project. Standard Agreement #29-316-17 is the result of that funding application and continues State funding for this project through June 30, 1996. The Board Chair should sign nine copies of the contract signature page. Eight copies of the signature page and three certified and sealed copies of this Board Order should be returned to the Contracts and Grants Unit for submission to the State. CONTINUED ON ATTACHMENT: YES SIGNATURE: , RECOMMENDATION OF COUNTY ADMINISTRATOR RE OMME ATI OF BOARD CO MITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON 2'cf, APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD Contact: Wendel Brunner, M.D. (313-6712) OF SUPERVISORS ON THE DATE SHOWN., CC: Health Services (Contracts) ATTESTED �`4 �Ig9 y Auditor-Controller (Claims) State Dept. of Health Services Phil Batchelor, Clerk of the Board of SupurftFs aPd Gounty Admir1isUatV M382/7.83 BY • `..e„e _ DEPUTY STATE OF CALIFORNIA ST'AtNtD," REEMENTC APP N DR AL CT R0AG AM.NO. STD.2;REVS-bi) .. , -a6 -9 y a 4- 9605 TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER THIS AGREEMENT,made and entered into this 1 St day of July 1994 94-6000509 in the State of Califomia,'by and between State of California,through its duly elected or appointed,qualified and acting TITLE OF OFFICER ACTING FOR STATE AGENCY Chief, Program Support Branch Dept of Health Services hereafter called the State,and CONTRACTOR'S NAME - Q "� �° Contra Costa County 29 _ 1 V ,hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor, time for performance or completion,and attach plans and specifications,if any.) PROJECT TITLE: High Risk Infant Followup 1 . SCOPE OF WORK The attached Exhibit B, entitled SCOPE OF WORK (SOW), consisting of twenty (20)), is made a part hereof by this reference. Said Exhibit describes in detail the work to be performed under the terms and conditions of this Standard Agreement. The Contractor understands and agrees that it must meet all the objective(s) as specified in said Exhibit in order to receive the maximum amount payable under this Standard Agreement. Changes to the SOW may be proposed by the Contractor in writing. All requested changes and revisions are subject to the approval of the Contract Manager.. The Department of Health Services (DHS) will respond in writing as to the approval or disapproval of all such requests within thirty (30) calendar days from receipt of the request. Should DHS fail to respond to the Contractor's request within thirty (30) calendar days of receipt, the Contractor's request shall be deemed approved. CONTINUED ON 25 SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written. STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR(!f other than ani 'dua4 s e whether a corporation,paRnersh jo,eta) Dep rtment of Health Services antra Costa Co t _ BY ) BY(AUTHORIZED SIGN c) D �_ > _ PRINTED NAME OF PE ON SIGNING PRINTED NAME AND Trn OF PERSON SIGNING Robert Threlkel Chair, Board of Supervisors TITLE Chief, Program Support Branch ADDRESS, 651 Pine Street n rtirlez CA 94553 AMOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY(CODE AND TITLE) FUND TITLE Department of General Services DOCUMENT Local Assistance - Clearing Account General use Only 251,886 This Standard Agreement is exempt PONAWN PRIOR AMOUNT ENCUMBERED FOR 9eOdTIeral MLS Block #93.994 from' Dept, of General Services THIS CONTRACT approval per GC Section 16366(b). $ -Q- ITEM CHAPTER STATUTE FISCAL YEAR (FBF) 4260-111-001 139 1994 94/95 TOTAL AMOUNT ENCUMBERED TO DATE OBJECT OF EXPENDITURE(CODE AND TITLEI , 251,886 94-52441-4915-702-03-93994' L94 I hereby certify upon my own personal knowledge that budgeted funds - B.R.No. are available for the period and purpose of the expenditure stated above. SEP O A � ' SIGNA E ACCO T OFFIC D `f l D zk 0 CONTRAC C El STATE AGENCY DEPT.OF GEN.SER. CONTROLLER \ S TANDARD AGREEMENT 1. The Contractor agrees to indemnify,defend and save harm iess the State.its orricers,agents and emplo t-es from any and all claims and tosses accruing or resulting to any and-ail contractors, subcontractor;. materialmen,laborers and any other person,firm or corporation furnishing;or supplying,work ser-ices. materials or supplies in connection with the performance of this contract,and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this contract. 2.. 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 agents of State of California. 3.The State may terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at 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 under this agreement,and the balance, if any,shall be paid the Contractor upon demand. 4. Without the written consent or the State, this agreement is not assignable by Contractor either in whole or in part. Time is of the essence in this agreement. 6. No 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 consideration 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. 5 91 61014 41 Antractor: Contra Costa County Contract Number: 94-19605 2. EXHIBITS The following Exhibits are attached and made a part hereof by this reference: Exhibit A(F) (Additional Provisions); if applicable, Exhibit A-1 (Equipment Purchased with State Funds), Exhibit A-2 (Inventory of State Furnished Property), and Exhibit A-3 (Schedule of Equipment); Exhibit B (Scope Of Work); Exhibit C (Budget); Exhibit D (Federal Contract Funds); Exhibit E (Progress Report); Exhibit F (Contract Uniformity); if applicable, Exhibit G (Prior to July 1994); if applicable, Exhibit H (Advance Payment); Exhibit K (Non-FFP Invoicing Guidelines); and the Nondiscrimination Clause. 3. DEFINITIONS Unless the agreement language states otherwise, the definitions contained in this paragraph govern the construction of this Standard Agreement. A. "Actual Cost": The actual price paid for real bona fide purchase costs of goods and services pursuant to the conduct of this Standard Agreement. B. "Amendment": A formal change to the terms of this Standard Agreement which is caused by any of the following circumstances: (1) The amount of a numbered line item is increased or decreased by the amount of $10,000 or an amount designated by the State; (2) The maximum amount payable is increased; (3) New provision(s) are added or revision(s) are made to existing provisions. C. "Budget Revision": A change in the approved budget resulting in a numbered line item transfer which does not exceed $10,000 in the aggregate per line item or an amount designated by the State. D. "Certified": When used in regard to financial statements, shall mean examined and reported upon with an opinion expressed by an independent public or certified public accountant. E. "Comprehensive Perinatal Services": Obstetrical, psychosocial, nutritional and health education services, and related case coordination provided by or under the personal supervision of a physician or certified nurse midwife during pregnancy and sixty (60) calendar days following delivery. Page 2 of 26 r Contractor: Contra Costa County - ! 1 Contract Number: 94-19605 F. "Contract": A Standard Agreement (STD. 2) or an Interagency Agreement (STD. 13). G. "Contractor": An individual, partnership, clinic, group, association, corporation, institution of higher learning, whether public or private, and includes any officer, director, agent, or employee thereof. H. "FTE": Full-Time-Equivalent means a standard eight (8) hour work day; forty (40) hours per week; or, 2,080 hours per year. I. "Good Cause": Circumstances which are beyond the control of the Contractor and includes but is not limited to: (1) Damage to or destruction of the Contractor's business office and/or records by a natural disaster, including fire, flood, or earthquake or when circumstances involving such disaster have substantially delayed Contractor's operations. (2) Theft, sabotage, or other deliberate, willful acts by an employee that have been reported to the appropriate law enforcement or fire agency when applicable. (3) Other circumstances that are clearly beyond the control of the Contractor that have been reported to the appropriate law enforcement or fire agency when applicable. (4) Failure by the State to fully execute the Contractor's Standard Agreement later than six (6) months after the Standard Agreement's start date. (5) Untimely illness or absence of any employee trained to prepare invoices, reports, Standard Agreement amendments or budget revisions. Such circumstances shall be reviewed and approved on a case by case basis by Maternal and Child Health management. (6) Failure by the State to fully execute amendment(s) before the Standard Agreement's termination, expiration date or fiscal year end. J. "High Risk": Defined for purposes of High Risk Infant Follow-up program pursuant to Health and Safety Code, Sections 300 et seq., and 301 .5 et seq. Page 3 of 26 Contractor: Contra Costa County Contract Number: 94-19605 K. "Low Income Person": A person or family member, who has been determined by the Contractor, through an established screening procedure to be at or below 200% of the Federal Poverty Income Guidelines in effect during the term of this Standard Agreement. L. "Medical Record": The document(s) that contain(s) entry of all procedures of services provided pursuant to the provisions of this Standard Agreement. M. "New Enrollee": For purposes of Comprehensive Perinatal Services a woman who is both diagnosed by the project physician as pregnant and enrolled in the program during the term of this Standard Agreement and who was not enrolled in the program during a previous Standard Agreement period for the same pregnancy. N. "Subcontract": An agreement entered into by the Contractor with any provider who agrees to furnish covered services, or an agreement entered into with any organization or person who agrees to perform any administrative or service function for the Contractor specifically related to securing or fulfilling the Contractor's obligation to the State under the terms of this Standard Agreement. 0. "Subcontractor": Any person or entity which has entered into a subcontract with the Contractor specifically related to securing or fulfilling the Contractor's obligation to the State under the terms of this Standard Agreement. P. "Satisfactory": When used in regard to progress reports, shall mean that complete and adequate information in the required format has been provided to the State, which in the State's opinion, allows the State to assess the Contractor's progress in meeting goals and objectives in the Scope of Work. 4. TERM OF STANDARD AGREEMENT The term of this Standard Agreement shall be from July 1 , 1994 through June 30, 1996, subject to availability and the appropriation of funds by the Legislature and/or Congress. Page 4 of 26 Contractor: Contra Costa County r Contract Number: 94-19605 5. MAXIMUM AMOUNT PAYABLE This agreement constitutes a cost reimbursement Standard Agreement only and the State is solely liable for such actual costs legally attributable to the numbered line items identified in Exhibit C (Budget) which are directly related to Exhibit B (Scope of Work). A. The maximum amount payable for the 94-95 Fiscal Year ending June 30, 1995, shall not exceed $251 ,886. Any requirement of performance by the State and the Contractor for the period of the contract subsequent to June 30, 1995, will be dependent upon the availability of future appropriations by the Legislature for the purpose of this contract. B. If funds become available for purposes of this contract from future appropriations by the Legislature, the maximum amount payable under this contract in the 95-96 Fiscal Year ending June 30, 1996 shall not exceed $251 ,886. C. The maximum amount payable under this contract shall not exceed. $503,772. 6. REIMBURSEMENT PROCEDURES A. The attached Exhibit K (For Non-FFP Contractors) consisting of five (5) pages includes: SAMPLE OF COVER LETTER, SAMPLE Non-FFP . INVOICE FORMAT and INVOICING GUIDELINES. B. In consideration of the services rendered and performed in accordance with this Standard Agreement, the State shall reimburse the Contractor in arrears monthly or quarterly upon submission of an ORIGINAL INVOICE, COVER LETTER and one copy, the original invoice and cover letter to be SIGNED by the Contractor's designated fiscal officer, following the format contained in Exhibit K. C. Invoices shall be submitted, within forty-five (45) calendar days after the close of the billing period, to the following address: Administrative Management Section Maternal and Child Health Branch 714 "P" Street, Room 708 P.O. Box 942732 Sacramento, CA 94234-7320 Page 5 of 26 • Contractor: Contra Costa County Contract Number: 94-19605 D. Payment of invoices submitted by Contractor shall not be evidence of allowable Standard Agreement costs. All allowable Standard Agreement costs shall be determined by means of a State fiscal and program audit as specified in this Standard Agreement. E. Upon Standard Agreement termination, or expiration, or fiscal year end an acceptable final invoice shall be submitted no later than ninety (90) calendar days after termination date or expiration date or fiscal year end, whichever is earlier. Except for "Good Cause" (Paragraph 3, subparagraph 1), invoices which are received after such deadline shall not be honored by the State. F. "Good Cause" requests (Paragraph 3, subparagraph 1) for late invoice submittal must be received in writing within ninety (90) calendar days after the Standard Agreement termination, expiration date,or fiscal year end, whichever is earlier. G. Upon termination of this Standard Agreement by either the State or the Contractor, the State shall have the right to hold the final payments for administrative, client, or other services for up to ninety (90) calendar days to ensure that all. the Contractor's responsibilities under this Standard Agreement have been fulfilled. 7. PAYMENT WITHHOLDS A. The Contractor's full performance of all duties set forth in this Standard Agreement shall be an express condition precedent to the maturing of the State's payment obligation of the Contractor's claims for administrative, client, and other project services. The State may withhold up to one hundred percent (100%) of any amount billed for services each month until the Contractor is in full compliance with the provisions of this Standard Agreement, at which time the amount withheld shall be released for payment to the Contractor, less any amount of lost Federal Financial Participation. B. The State shall provide the Contractor with written notice of this action as set forth in this Paragraph. The notice shall include the percentage of withhold (if applicable), the effective date of, the duration of, and the reason for each action taken by the State. The Contractor shall be afforded reasonable opportunity to discuss with the State any action taken. Page 6 of 26 • Contractor: Contra Costa County Contract Number: 94-19605 8. AMENDMENT REQUESTS A. Should either party during the term of this Standard Agreement desire an amendment to this Standard Agreement, such amendment shall be proposed in writing to the other party. After agreement is reached, steps will be to formally amend the Standard Agreement to provide for the change. B. Except for "Good Cause" (Paragraph 3, Subparagraph 1), Contractor amendment requests shall be considered for approval only if postmarked by March 31 , or no later than ninety (90) calendar days prior to the close, of the fiscal period for which the budget is in effect. Such requests shall be addressed as specified in Paragraph 15, DELEGATION OF AUTHORITY. 9. BUDGET REVISIONS The Contractor must notify the State of all budget revisions in accordance with procedures, and in the format, designated by the State. Such budget revisions shall be submitted by the Contractor in accordance with the following conditions: A. Prior approval must be obtained from the State in advance of changes or expenditures only when: (1 ) Changes in the personnel line item affect the Scope of Work. (2) For Standard Agreements with Federal Financial Participation, the change in any numbered line item causes an upward shift in either enhanced or nonenhanced budget amounts. The State shall agree to or reject the proposed budget revision in writing within thirty (30). calendar days of receipt. B. Written notification by the Contractor to the State shall be given within thirty (30) calendar days of occurrence for all revisions which: (1 ) Change any information in Exhibit C (Budget); and, (2) do not require prior authorization in accordance with Paragraph 9, subparagraph A. The State shall agree to or deny in writing the written notification change within thirty (30) calendar days of receipt. Page 7 of 26 -Contractor: Contra Costa County - Contract Number: 94-19605 C. Except for "Good Cause" (Paragraph 3, subparagraph 1), prior approval budget revision requests shall be considered for approval only if postmarked by March 31 , or no later than ninety (90) calendar days prior to the close of the fiscal period for which the budget is in effect. D. Budget revisions which are submitted in accordance with Paragraph B, shall be submitted by the Contractor to the State, postmarked no later than May 31 or no later than thirty (30) calendar days prior to the close of the fiscal period for which the budget is in effect. 10. REIMBURSEMENT AND REVENUE LIMITATIONS A. Notwithstanding any other clause of this Standard Agreement or its Exhibits, Contractor understands and agrees that it shall not claim reimbursement for any services that the Contractor may claim for reimbursement under any other State, federal, county or other governmental entity contract or grant, any private contract or agreement, or from the Medi-Cal program. B. Notwithstanding any other provision of this Standard Agreement or its Exhibits, Contractor understands and agrees that the State shall not reimburse Contractor for any services provided under this Standard Agreement which are otherwise reimbursable by any third party payor(s). Contractor also agrees to fully exhaust its ability to receive such third-party reimbursement. Contractor also agrees that if it receives any third-party reimbursement for services already reimbursed by the State, the Contractor shall immediately remit that amount to the State or offset the amount against future invoices. C. In accordance with Exhibit F (Contract Uniformity), State reimbursement for vacation and/or paid leave accrual or usage for personnel, shall be at rates not to exceed those allowed Contractor employees as specified/detailed in Contractor's Personnel Manuals. Reimbursement or allowances to Contractor for employee sick leave, family illness or bereavement leave, vacation, overtime and holiday credits, military leave, industrial or non-industrial injury leave, jury duty, subpoenaed witness time, or any other authorized leave shall be made only for said benefits accrued and used during the term of this agreement. Records of paid leave earned and used shall be maintained by the Contractor in accordance with generally accepted accounting principles. Page 8 of 26 ' r i f J Contractor: Contra Costa County Contract Number: 94-19605 D. Contractor agrees that all revenue accruing to this project, based on the services supported, in whole or in part, by this Standard Agreement, shall be accounted for separately and apart from all other revenues earned or received by the Contractor. 11 . TERMINATION This Standard Agreement may be canceled with or without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Notification shall state the effective date of the termination. 12. CONFLICT OF INTEREST Contractor agrees that all reasonable efforts will be taken to prevent its officers, agents, 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 of interest situation may be disallowed by the State and such conflict may constitute grounds for termination of the Standard Agreement. 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. 13. REPORTING REQUIREMENTS A. The Contractor shall submit progress reports according to the format described in Exhibit E (Progress Report). B. An original and two copies of the Progress Report shall be submitted to the State as follows and postmarked no later than indicated: Progress Reports for the period ending December 31 shall be postmarked January 31, immediately following the end of that period. Except for "Good Cause" (Paragraph 3, Subparagraph 1), Progress Reports for the period ending June 30 shall be postmarked July 31 , immediately following the end of that period. Page 9 of 26 it • -Contractor: Contra Costa County - Contract Number: 94-19605 C. The Progress Report reporting activities through June 30, shall be considered a final report relative to provisions of Exhibit A(F) (Additional Provisions), paragraph 11 . D. If Contractor fails to submit an acceptable progress report by the specified date; subsequent invoices may be withheld for payment by the State until the State receives a satisfactory report. E. If there are program specific data reporting systems requirements required by this Standard Agreement's Scope of Work, the Contractor shall report monthly, quarterly, or twice a year as required, and in the format designated, by the State. 14. PROVISION OF INFORMATION The Contractor shall provide the State with all information required under this Standard Agreement or relevant to its performance under this Standard Agreement no later than thirty (30) calendar days after receipt of the State's written request. 15. DELEGATION OF AUTHORITY Contractors with multiple programs shall provide the State with the names of each Project Director for each program (e.g., Maternal and Child Health (MCH), Black Infant Health (BIH), Fetal Infant Mortality Review (FIMR), Comprehensive Perinatal Outreach (CPO)) included in the contract. A. Jocelyn Briscoe is designated Maternal and Child Health Branch's departmental Contract Manager for this Standard Agreement. The State reserves the right to change the designated Contract Manager and shall notify Contractor in writing when such changes occur. B. Diana Jorgensen is designated the Contractor's Project Director for the High Risk Infant Followup program. The Project Director shall be the Contractor's agent for conduct of work under this Standard Agreement. C. It is mutually agreed that the persons named in Subparagraphs A and B of this provision shall implement this Standard Agreement. The Contract Manager and the Project Director are mutually agreed to be designated as respective single administrators and delegated with the authority to make all term and post-term determinations and take all actions as are appropriate under this Standard Agreement, subject to the limitations as prescribed by law, regulation, public policy, departmental policy, and Standard Agreement provision. Page 10 of 26 •Contractor: Contra Costa County - [, , Contract Number: 94-19605 16. STATE APPROVAL OF PROJECT DIRECTOR The Contractor shall notify the State immediately in writing of any proposed change of Project, Director. The State reserves the right to approve or disapprove any new proposed Project Director designated by the Contractor. Continued designation of disapproved Project Director may constitute grounds for termination of the Standard Agreement or reduction of the Standard Agreement amount by the amount of the Project Director's salary, at the option of the State. 17. FREEZE EXEMPTIONS A. Contractor agrees that any blanket hiring freezes or any other personnel policies the Contractor may adopt during the term of this Standard Agreement shall not be applied to the positions funded, in whole or in part, by this Standard Agreement. B. Contractor agrees that any travel freeze the Contractor may adopt during the term of this Standard Agreement shall not restrict travel funded, in whole or in part, by this Standard Agreement. C. Contractor agrees that any purchasing freeze the Contractor may adopt during the term of this Standard Agreement shall not restrict purchasing funded, in whole or in part, by this Standard Agreement. 18. ADDRESSES A. All invoices and progress reports shall be sent to: Administrative Management Section Maternal and Child Health Branch 714 "P" Street, Room 708 P.O. Box 942732 Sacramento, CA 94234-7320 B. If required under the Scope of Work, data reporting forms shall be sent to: Planning and Evaluation Section Maternal and Child Health Branch 714 "P" Street, Room 499 P.O. Box 942732 Sacramento, CA 94234-7320 Page 11 of 26 r : ' iContractor: Contra Costa County " Contract Number: 94-19605 C. All other official. correspondence shall be sent to: Jocelyn Briscoe Contract Manager Administrative Management Section Maternal and Child Health Branch 714 "P" Street, Room 708 P.O. Box 942732 Sacramento, CA 94234-7320 19. USE OF REPORTS/DATA A. The State reserves the right to use and reproduce all reports and data produced under this Standard, Agreement, and reserves the right to authorize others to use or reproduce such materials. Except for the inspection of medical records by State staff for the purpose of assuring that care provided by the Contractor is in compliance with the Standard Agreement, this paragraph shall not be interpreted as giving staff (State or otherwise) the right to divulge the identity of patients or other confidential patient information outside the treatment setting. B. All data/research reports or publications shall contain 1) a disclaimer that credits any analysis, interpretations, or conclusions reached to the author(s) and not to the State, and 2) a statement on the biases in the data known to affect the report findings. C. All public reports or publications shall be submitted to the State's Contract Manager for review and written comment by the State at least two weeks before release of said public report or publication for publication or reproduction. All of the comments will be incorporated insofar as possible, and the Contract Manager shall be informed of any comments which cannot be incorporated and why, so that any differences can be discussed before publication. D. At completion of this Standard Agreement, Contractor agrees to deliver, in a form which can be reproduced by the State, any curriculum, educational materials, program, program documentation, videotapes, or other audio-visual materials developed in execution of this agreement. Such copies shall be delivered within thirty (30) calendar days of completion of this agreement. Page 12 of 26 Contractor: Contra Costa County - Contract Number: 94-19605 E. 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 work and any data not called for in the schedule of this contract but generated in performance of this 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 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 the Work as defined in Paragraph 35, Copyright is delivered pursuant to this section, payment shall be made, by equitable adjustment or otherwise, for converting the data into the prescribed form, reproducing it or preparing it for 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. F. Contractor must obtain permission from the State to release to other parties data collected under this contract. 20. PUBLICATION CREDIT Public reports or publications regarding any work performed with funds provided under this Standard Agreement shall include a statement on the title page giving credit for such support, such as: "This project was supported by funds received from the State of California, Department of Health Services, Maternal and Child Health Branch". This statement must also be included on any curriculum, educational materials, programs, program documentation, videotapes, and/or other audio-visual materials (subject data) resulting from this Standard Agreement. Any journal articles shall include such a statement on the first page of said article. 21 . REQUIRED DELIVERABLES Contractors shall submit acceptable required deliverables by the dates specified in the contract. If deliverables are not received, subsequent invoices shall not be approved for payment by the State under the terms of the contract until the State receives acceptable deliverables. Page 13 of 26 *Contractor: Contra Costa County Contract Number: 94-19605 22. CONTRACTORS USE OF PROFITS All revenues, refunds, rebates, credits, accrued interest, or other income (including revenue from third party payers and sale of material) accruing to or received by the Contractor as a result of a contract with MCH shall be refunded to the State or used to reduce amounts billed to the State. Under no circumstances shall the Contractor profit as a result of income accrued to the Contractor as a result of a contract with MCH. Written documentation of all such revenues will be required concurrently with each invoice. 23. RIGHTS IN DATA Notwithstanding any other provision of this Standard Agreement or its exhibits, Contractor understands and agrees that Paragraph 35, COPYRIGHT governs all rights to data. 24. MEDICAL/CLIENT RECORDS A. Medical or client records shall be maintained for all clients/patients receiving services pursuant to this Standard Agreement consistent with Section 51476, Title 22, of the California Code of Regulations. B. Each client or medical record shall include documentation that client/patient was informed that his or her records are open to inspection by the State. This requirement shall be met by the Contractor including the following statement in any "treatment authorization" or "consent to treatment" form signed by patient/client. "I understand that the State of California has entered into a Standard Agreementwith ,and thatthe services provided under that Standard Agreement may include the care I receive from I also understand that any client or patient records maintained in the course of my receiving care from shall be open for inspection by the State. I further understand that the State shall upon request be provided access to all data collected about this project, and that the data submitted will be subject to fiscal and program audit; but will not be made public in any manner which allows identification of myself." (Signed by Patient/Client) Page 14 of 26 t i Contractor: Contra Costa County Contract Number: 94-19605 Contractor may substitute other !anguage or mechanism to obtain such written approval of patient as long as the State approves the change in writing, in advance and such substitution accomplishes the same result. 25. CHARGES FOR HEALTH SERVICES If the Contractor imposes any charges for the provision of health services reimbursed by this Standard Agreement, such charges: A. Shall be pursuant to a public schedule of charges; B. Shall not be imposed with respect to services provided to low income persons as defined by 42 USC Section 701 (b) (2) who are at or below 100% of the federal poverty level. C. Shall be adjusted in accordance with appropriate State and federal law to reflect the income, resources and family size of the individual provided the services; and D. Shall be pursuant to a Contractor established sliding fee schedule, subject to State approval. State reserves the right to substitute Contractor sliding fee schedule with a State uniform sliding fee schedule upon sixty (60) calendar days written notice. 26. RESTRICTIONS ON USE OF MATERNAL AND CHILD HEALTH BLOCK GRANT FUNDS Pursuant to 42 United States Code, Section 704, Contractor shall not use funds provided by this Standard Agreement to: A. Provide inpatient services, B. Make cash payments to intended recipients of health services, C. Purchase or improve land, purchase, construct or permanently improve any building or other facility, or purchase major medical equipment, D. Satisfy any requirement for the expenditure of non-federal funds as a condition for the receipt of federal funds, E. Provide financial assistance to any entity other than a public or nonprofit private entity for research or training services, or Page 15 of 26 • Contractor: Contra Costa County - Contract Number: 94-19605 F. Make payment for any item or service (other than an emergency item or service) furnished a) by an individual or entity during the period such individual or entity is excluded from participation in any other federally funded program or b) at the medical direction or on the prescription of a physician during the period when the physician is excluded from participation in any other federally funded program. 27. SUBCONTRACTS A. The Contractor agrees that no subcontracts are allowed under this Standard Agreement unless mutually agreed upon by the Contractor and the State. B. No assignments shall be allowed under this Standard Agreement. C. All subcontracts shall include provision(s) requiring compliance with the terms and conditions of this Standard Agreement. The Contractor shall remain responsible for all requirements under this Standard Agreement even though the requirements are carried out pursuant to a subcontract. D. Contractor shall maintain a copy of any subcontract entered into for the performance of this Standard Agreement and shall make it available for State examination as required. 28. PRIORITY OF PROVISIONS Where inconsistencies may exist between this standard agreement and the attachments hereto, such inconsistencies shall be resolved by giving precedence in the following order: Exhibit D, Exhibit G, Standard Agreement, A(F), .B, C, E, and other Exhibits. 29. MONITORING FOR COMPLIANCE A. Authorized State and/or Federal representatives shall have the right to monitor and audit the operation of the Contractor and subcontractors for compliance.with the provisions of this Standard Agreement, applicable state and federal law, and regulations. Such auditing and monitoring activities shall be conducted at any time during normal business hours. If any inspection or monitoring is made by the State and/or Federal representatives of the premises of the Contractor or a subcontractor, the Contractor shall provide and shall require the subcontractor(s) to provide all reasonable facilities and assistance for the safety and convenience of the representatives in the performance of their duties. Page 16 of 26 .Contractor: Contra Costa County Contract Number: 94-19605 B. State audits and investigations staff may conduct annual (or more frequently, if required) onsite financial, management and medical audits of the Contractor. The audit shall be based on criteria and procedures established by the State. Criteria shall appear in the form of regulations, statutes, policy letters, Standard Agreement language, and any other official publication of the State. C. State Audit reviews shall include entrance and exit conferences, and written reports of findings to the Contractor. State on-site performance monitoring and oversight reviews may include entrance and exit conferences and/or written reports of findings to the Contractor. 30. RECOVERY OF OVERPAYMENTS The State shall recover overpayments to the Contractor including, but not limited to, payments determined to be: A. In excess of allowable costs; B. In excess of the amounts usually charged by the Contractor or any of its subcontractors; C. For services not documented in the records of the Contractor or any of its subcontractors, or for services where the documentation of the Contractor or any of its subcontractors justifies a lower level of payment; D. Based upon false or incorrect invoices; E. For services deemed to have been excessive, medically unnecessary or inappropriate; F. For services arranged for or rendered by persons who did not meet the standards for participation in the project at the time the services were arranged for or provided; G. For services not covered by the project; H. For services already paid for the client, but not yet refunded, or for services already reimbursed by the State or other coverage; I. For services that should have been billed to other coverage, other programs, the Medi-Cal program, or any other entitlement program for which the client was eligible to receive payment for such services. Page 17 of 26 Contractor: Contra Costa County Contract Number: 94-19605 31 . PURCHASING/PROCUREMENT RULES This section supersedes section 3, PROCUREMENT REQUIREMENTS, Exhibit A(F). A. Units of local government and public entities (including the Universities of California) may utilize their existing procurement systems to secure all articles, supplies, equipment (including EDP and telecommunications), motor vehicles, and services required in the performance of this contract without regard to dollar limit subject to the provisions stipulated in the subparagraphs of this section. B. All other Contractors (private vendors nonprofit organizations) may utilize their existing procurement systems to secure all articles, supplies, equipment(including EDP/ADP and telecommunications), motor vehicles, and services required in the performance of this contract up to an annual maximum of $50,000, subject to the provisions stipulated in the subparagraphs of this section. If the Contractor's capital expenditure (capital equipment) line item exceeds $50,000, the Contractor shall make arrangements through the Contract Manager to have all equipment purchased through the State's Office of Procurement. The cost of said equipment purchased by or through the State shall be deducted from the funds available in the contract. 1 . The Contractor shall utilize a procurement system that meets the following standards: (a) The Contractor shall maintain a code or standard of conduct that shall govern the performance of its officers, employees, or agents engaged in awarding procurement contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a procurement contract in which, to his or her knowledge, he or she has a financial interest. (b) Procurements shail be conducted in a manner that provides to the maximum extent practical, open and free competition. (c) Procurements shall be conducted in a manner that provides for all of the following: Page 18 of 26 -Contractor: Contra Costa County - Contract Number: 94-19605 (1) Avoidance of the purchasing of unnecessary or duplicate items. (2) Solicitation for capital expenditures based upon a clear and accurate description of the technical requirements of the capital goods to be procured. (3) The taking of positive steps to utilize small, minority, women, or veteran owned businesses. C. Prior written authorization from the State will be required before the Contractor will be reimbursed for any purchase order or subcontract exceeding $5,000 for any articles, supplies, equipment, subcontract services or for any fee for consulting services of three hundred fifty dollars ($350) or more per day. The Contractor must provide in its request for authorization all particulars necessary for evaluating the necessity or desirability of incurring such cost. D. In the event that subcontractors are granted purchasing authority by a prime Contractor to make equipment purchases, the subcontractor shall be bound by the purchasing limits stated in paragraphs A and B.herein, based upon the subcontractors type (e.g., governmental/public entity vs. private entity or private nonprofit organization). E. The Contractor must maintain a copy or narrative description of the procurement guidelines, rules, or regulations that will be employed by the Contractor in making purchases under this agreement. The State reserves the right to request copies of these documents and to inspect the purchasing practices of the Contractor at any time. F. The Contractor must maintain copies of documents, bids and other information used in vendor selection. Sole source procurement justifications shall also be maintained on file by the Contractor for inspection or audit by the State. G. The State shall reimburse any State, local sales or use taxes legally assessed on purchases, parts supplied, and services rendered in support of this agreement. All other taxes, including federal excise taxes, directly or indirectly arising out of the performance of this agreement shall be the Contractor's responsibility. Page 19 of 26 Contractor: Contra Costa County - Contract Number: 94-19605 32. OWNERSHIP/DISPOSITION OF EQUIPMENT/PROPERTY PURCHASED UNDER THIS AGREEMENT OR FURNISHED BY THE STATE This section supersedes section 5, FURNISHING OF PROPERTY BY THE STATE OR PURCHASE OF PROPERTY WITH STATE OR FEDERAL FUNDS, Exhibit A(F). A. All equipment, material, supplies, or property of any kind purchased from contract funds or furnished by the State under the terms of this agreement and not fully consumed in the performance of this agreement shall be the property of the State. B. The Contractor shall submit an annual inventory of equipment furnished and/or purchased under the terms of this contract. The State may prescribe the inventory format and/or may supply applicable forms for this purpose. C. Within thirty (30) calendar days of the termination or end of this agreement, the Contractor shall provide a final inventory to the State and shall at that time query the State as to the State's requirements, including the manner and method, in returning said equipment or property to the State. Final disposition of such equipment shall be at State expense and in accordance with instructions from the State which shall be issued immediately after receipt of the final inventory. 1 . If motor vehicles are purchased by contract funds or supplied by the State, within thirty (30) calendar days of the end or termination of this contract, the Contractor shall return such vehicles to the State and shall deliver all necessary documents of title to enable the proper transfer of marketable title to the State. D. Title to State property shall not be affected by the incorporation or attachment thereof to any property not owned by the State. E. If motor vehicles are purchased by the Contractor or provided by the State, the State shall be the legal owner of said vehicles and the Contractor shall be the registered owner. F. The Contractor agrees that all operators of purchased or supplied motor vehicles shall hold a valid State of California driver's license. In the event twelve (12) or more passengers are to be carried in any one vehicle, a Class 2 driver's license will also be required. Page 20 of 26 -Contractor: Contra Costa County Contract Number: 94-19605 G. 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. The certificate of insurance must include provisions (i) and (ii), stating that: (i) The insurer will not cancel the insured's coverage without thirty (30) days prior written notice to the State. (ii) 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 fails 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. H. State property, equipment and vehicles purchased by the Contractor with contract funds or provided by the State shall be used only for purpose of performance under this contract. 1. Unless otherwise stipulated, the State shall not be under obligation to pay the cost of the restoration or rehabilitation of the Contractor's or subcontractor's facility which may be affected by the removal of any State property. J. The Contractor shall maintain and administer, according to State directives and sound business practices, a program for the utilization, maintenance, repair, protection, and preservation of State property. Page 21 of 26 -Contractor: Contra Costa County Contract Number: 94-19605 33. FEDERAL FINANCIAL PARTICIPATION Notwithstanding any other provision of this Standard Agreement or its Exhibits, Contractor understands and agrees that it shall not claim Federal Financial Participation (FFP) for any service provided under this Standard Agreement for which there is no FFP eligibility. Contractor also understands and agrees that local dollars used to claim FFP match must be expended on FFP-match activities in order to claim the FFP. Contractor further understands and agrees that for those services which are not eligible or.-or which there is no proper match for FFP, or for those services for which local dollars are not expended in order to claim the FFP, Contractor is responsible for audit exceptions and shall indemnify the State in the event any such audit exceptions are taken against the State. 34. LABORATORY TESTS Contractor agrees that if any performance under this agreement or under any subcontract includes any tests or examinations on materials derived from the human body for the purpose of providing information for the diagnosis, prevention, treatment or assessment of any disease, impairment, or health of a human being, all the locations at which such examinations are performed shall meet the requirements of 42 U.S.G. section 263a (CLIA) and the regulations adopted thereunder. 35. COPYRIGHT This section supersedes section 13, RIGHTS IN DATA, Exhibit A(F). A. "Works." "Works" is defined as all literary works, writings, and printed matter including the medium by which it is recorded or reproduced, including but not limited to procedural manuals, forms diagrams, workflow charts, equipment descriptions, data files, research and reports, photographs, artwork, pictorial and graphic representations and works of a similar nature, motion pictures, videotapes and other audio visual works, sound recordings,. tapes, educational materials, original computer programs (including executable computer programs and supporting data in any form), systems and any other materials or products conceptualized, developed, and/or delivered as a result of this Contract (whether or not copyrighted or copyrightable). It includes final products and any material and information developed for the purpose of producing those final products. Contractor also agrees that the copyright to any and all works under this contract, whether published or unpublished, belongs to the State from the moment of creation. Page 22 of 26 Contractor: Contra Costa County Contract Number: 94-19605 B. Contractor shall deliver to the State, and the State will retain ownership of, the original and all copies of the Work and the medium such as original art work and negatives, print ready art or copy, computer diskettes, etc. Contractor shall make delivery within thirty (30) working days of written request by the State. C. Contractor and the State agree that the State shall be the owner of all rights, title and interest in, but not limited to, the copyright to any and all Works created, produced, or developed under this contract, whether or not published. D. Contractor agrees to and does hereby grant to the State as permitted in California Civil Code, section 982, ownership in any original work of authorship created, produced, or developed under this contract that is not fixed in any tangible medium of expression. E. If, for any reason, the State is not deemed to be the owner of all rights, title, and interest in the Work, then Contractor hereby assigns all such rights to the State. F. The State retains all rights to use, reproduce, distribute, or display any works produced under this contract and any derivative works based on those works, as well as all other rights, privileges, and remedies granted or reserved to a copyright owner under statutory and common law copyright law. V For any product, data or material that is created, produced, developed or delivered under this contract that is not deemed a Work, the Contractor shall grant the State a royalty-free, non-exclusive, and irrevocable license throughout the world to reproduce, to prepare derivative works, to distribute copies, to perform, to display or otherwise use, duplicate or dispose of such work in any manner for governmental purposes and to have or permit others to do so. G. For Work(s) requiring the use of other copyright holders' materials, Contractor shall furnish the names and addresses of all copyright holder(s) or their agent(s), if any, and the terms of any license(s) or usage granted, at the time of delivery of the Work. No license materials shall be used without prior written permission of the State. Page 23 cf 26 Contractor: Contra Costa County _ Contract Number: 94-19605 H. Contractor also agrees that if Contractor enters into any agreements with other parties in order to perform the work required under this contract, Contractor will require the agreement(s) include clauses granting the State a copyright interest in any Works created, produced, developed or delivered under the agreement and ownership of any Works not fixed in any tangible medium of expression. For any Works for which the copyright is not assigned to the State, Contractor shall obtain for the State, at Contractor's expense, a royalty-free, non-exclusive and irrevocable license throughout -zhe world to reproduce, to prepare derivative works, to distribute copies, to perform, to display or otherwise use, duplicate or dispose of these Works in any manner for government purposes and to have or permit others to do so. I. If the use of any Work is enjoined as a result of any action or proceeding, the Contractor shall, at its own expense and at the option of the State: 1) Procure for the State the right to continue to use said element; or 2) Replace said element with a comparable element which is noninfringing or does not violate the rights or interest of any person or entity; or 3) Modify said element' so it becomes noninfringing or does not violate the rights or interest of any person or entity. J. Contractor represents and warrants that: 1 ) It is free to enter into and fully perform this Contract; 2) It has secured or will secure all rights and licenses necessary for the production of the Work; 3) Neither the Work nor any of the materials contained therein, nor the exercise by either party of the rights granted in this contract, will infringe upon or violate the rights or interest of any person or entity; 4) Neither the Work nor any part of it will (a) violate the right of privacy of, or (b) constitute a libel or slander against, or (c) infringe upon the copyright, literary, dramatic, statutory or common law rights, trademarks or service marks of any person, form, or corporation; and Page 24 of 26 ' .(f ontractor: Contra Costa County _ Contract Number: 94-19605 5) It has not granted and shall not grant to any person or entity any right that would or might derogate, encumber or interfere with any of the rights granted to the State in this contract. K. The Contractor agrees to indemnify, defend, and hold harmless the State and its licenses and assignees, and their officers, directors, employees, agents, representatives, successors, licensees and assignees from and against all ciaims, actions, damages, losses, costs and expenses, including reasonable attorneys' fees, which any of them may sustain because of the use of the Work and any other materials furnished by the Contractor under this Contract, or because of the breach of any of the representations or warranties made in this contract. L. All Works distributed under the terms of this contract and any reproductions of visual works or text of these works shall include a notice of copyright in a place that can be visually perceived either directly or with the aid of a machine or device. This notice should be placed prominently on the Work and set apart from other matter on the page where it appears. Audio productions shall contain a notice of copyright. 36. FUNDING OR FUNDING REDUCTION IN SUBSEQUENT FISCAL YEARS A. Funds are presently. not available for performance under this agreement beyond June 30, 1995. The State's obligation for performance of this agreement beyond that date is contingent upon the availability of appropriated funds by the Legislature from which payment for contract purposes can be made. No legal liability on the part of the State for any payment may arise for performance under this agreement beyond June 30, 1995, until funds are made available to the State for performance and until the Contractor receives notice of availability, to be confirmed in writing by the State. B. If funding for any subsequent fiscal year after 1994-95 is reduced or deleted by the Legislature for purposes of this program, the State shall have the option to either: 1 . Cancel this agreement pursuant to Paragraph 11 , the 30-day cancellation clause. 2. Offer a contract amendment to the Contractor to reflect the reduced funding for this agreement. Page 25 of 26 Contractor: Contra Costa County _ Contract Number: 94-19605 C. In the event the State elects option B, 2, above, it shall be mutually understood by both parties that the State reserves the right to determine which contracts, if any, under this program shall be reduced, and that the State shall determine at its sole discretion the amount that any or all of the contracts shall be reduced and for which fiscal year. D. The State reserves the right to use its sole discretion to determine which contracts shall be reduced and to elect the right to reduce some contracts by a greater amount than other contracts for the same program. Page 26 of 26 Et?9bit A(F) STATE OF CALIFORNIA DEPARTMENT OF HEALTH SERVICES ADDITIONAL PROVISIONS (FOR FEDERALLY FUNDED SUBVENTION AID/LOCAL ASSISTANCE COST REIMBURSEMENT CONTRACTS/GRANTS) 1. Equal O000rtunity 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. CAG rw UChOrld a,bm No.02(11/91) 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, terminated, 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] 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. 2. 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. procurement Requirement 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 $2,500, and (b) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public. -2- E~A(F) 4. Standards of Work The Contractor agrees that the performance of work and services pursuant to the requirements of this contract shall confirm to high professional standards. 5. Fumishina of Property by the State or Purchase of Progeny with State or Federal Funds a. (1) All equipment, material, supplies, or property of any kind purchased from funds advanced or reimbursed or furnished by the State under the terms of this contract and not fully consumed in the performance of the contract shall be the property of the State and shall be subject to the provisions of this paragraph (a), as well as paragraphs(b),(c),and(d)below. If the Equipment Line item in the budget or in any other paragraph of this contract,exceeds$IOXW or more,the provisions of subparagraph b shall apply. (2) Inventory and Disposition (a) Contractor shall, at the request of the State, submit an inventory of equipment furnished or purchased under the terms of this contract. Such inventory will be required not more frequently than annually. (b) At the termination of this contract, the Contractor shall provide a final Inventory to the State and shall at that time query the State as to the State's requirements, including the manner and method, in returning said equipment to the State. Fnal disposition of such equipment shall be at state expense in accordance with instructions from the State to be issued immediately after receipt of the final inventory. (3) Motor Vehicles (a) If, under the provisions of paragraph (2) above, any part of such property is motor vehicles, the State Office of Procurement shall purchase said motor vehicles for and on behalf of the Contractor. The provisions of clause (5b). below are applicable to this paragraph concerning motor vehicles. (b) If, under the provisions of paragraphs (2) or (3) above, any part of such property is motor vehicles, the State authorizes the Contractor to use said motor vehicles under the terms and conditions of this contract for purposes of this contract only, and in accordance with the provisions of subparagraphs (c)through (f) below. (c) It Is mutually understood that the State of California shall be the legal owner of said vehicles and the Contractor shall be the registered owner. (d) Upon return of such motor vehicles to the State, Contractor shall deliver to State all necessary documents of title to enable proper transfer of marketable title to the State. (e) Contractor agrees that all operators of motor vehicles listed in said agreement shall hold a valid State of California driver's license. In the event 12 or more passengers are to be carried in any one vehicle listed in said agreement,a Class 2 driver's license will also be required. (f) Contractor shall furnish to the State a certificate of insurance stating that there is liability insurance presently in effect for the Contractor of not less than $500DW per occurrence for bodily injury and property damage liability combined. -3- The certificate of insurance must include provisions(I)and(ii),stating,that: ' () The insurer will not cancel the insured's coverage without 30 days prior written notice to the State. 0i0 The State of California,its officers,agents,employees,and servants ore 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 dote 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 fails to keep In effect at ail 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 S 10A00 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 specifications. 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 reatty. (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 ail 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- ' r' ExMbM 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 Lanquaae 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, i6cluding any matching costs and expenses. The foregoing constitutes"records"for the purpose of this clause. b. The Contractor's facility or office or such part thereof as may be engaged In the performance of this contract and his records shall be subject at all reasonable times to Inspection, audit, and reproduction by the State or any of its duly authorized representatives, Including the Comptroller General of the United States. c. The Contractor shall preserve and make available his records (I) for a period of three years from the date of final payment under this contract, and (Ii) for such longer period, If any, as Is required by applicable statute, by any other clause of this contract, or by subparagraphs (1) or (2) below. (1) If this contract is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of three years from the date of any resulting final settlement. (2) If any litigation, claim, negotiation, audit, or other action Involving the records has been started before the expiration of the three-year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular three-year period, whichever Is later. d. The Contractor further agrees to include in all his subcontracts hereunder a written agreement with said subcontractor or vendor, the following clause: "(Name of Vendor or Subcontractor) agrees to maintain and preserve, until three years after termination of (Contractor's name), agreement or contract with the State of California, and to permit the State or any of its duly authorized representatives, including the Comptroller General of the United States, to have access to and examine and audit any pertinent books, documents, papers, and records of(name of subcontractor or vendor) related to this(purchase order or subcontract).' B. Covenant Against Contingent 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- 1 9. Inspection 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 Facilities 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,Sections 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, 84.61, and 90.42. -6- . EaMblf A(F) 1 1. Final Invoice—Final Report—Retention of Funds If a final report is required by this contract, 10 percent of the face amount of the contract or 50 percent of the final invoice, whichever is the larger amount, but not to exceed $3,000, shall be withheld until after receipt by the State of a report satisfactory to the State. 12. Officials Not to Benefit No member of or delegate to Congress or the State Legislature shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. 13. Rights In Data a. Subject Data. As used in this clause, the term "Subject Data" means writings, sound recordings,, pictorial reproductions, drawings, designs or graphic representations, procedural manuals, forms, diagrams, work flow charts, equipment descriptions, data files and data processing or computer programs, and works of any similar nature (whether or not copyrighted or copyrightable) which are first produced or developed under this contract. The term does not include financial reports, cost analyses, and similar information incidental to contract administration. b. Federal Government and State Rights. Subject only to the provisions of "c" below, the Federal Government and State may use, duplicate, or disclose in.any manner and for any purpose whatsoever, and have or permit others to do so, all Subject Data delivered under this contract. c. License to Copyrighted Data. In addition to the Federal Government and State rights as provided in [bj above, with respect to any subject data which may be .copyrighted, the Contractor agrees to and does hereby grant to the Federal Government and. State a royalty-free, nonexclusive and irrevocable license throughout the world to use, duplicate, or dispose of such.data In any manner for State or Federal Government purposes and to have or permit others to do so. Provided, however, that such license shall be only to the extent that Contractor now has, or prior to completion or final settlement of this contract may acquire, the right to grant such license without becoming liable to pay compensation to others solely because of such grant. d. Relation to Patents. The State reserves a license on patent rights in any contract involving research or developmental, experimental, or demonstration work with respect to any discovery or Invention which arises under this contract. e. Marking and Identification. The Contractor shall mark all Subject Data with the number of this contract and the name and address of the contractor or subcontractor who generated the data. The Contractor shall not affix any restrictive markings upon any Subject Data, and if such markings are affixed, the Federal Government or State shall have the right at any time to modify, remove, obliterate, or ignore any such markings. f. Subcontractor Data. Whenever any Subject Data is to be obtained from a subcontractor under this contract, the Contractor shall use this same clause in subcontract without alteration, and no other clause shall be used to enlarge or diminish the Federal Government's or State's rights in the subcontractor Subject Data. -7- g. Deferred Ordering and Delivery 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 same 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 to 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 for 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 Veterans 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: employmentupgrading, 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 one 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. + ' _ Exhibit A(F) d. The reports required by paragraph "b" of this clause shall include, but not be limited to, periodic reports which shall be filed at least quarterly with the appropriate local office or, where the Contractor has more than one hiring location in a State, with the central office of that state employment service. Such reports shall indicate for each hiring location (1) the number of individuals hired during the reporting period, (2) the number of nondisabled veterans of the Vietnam era hired, (3) the number of disabled veterans of the Vietnam era hired, and (4) the total number of disabled veterans hired. The reports should include covered veterans hired for the on-the-job training under 39 U.S.C. 1787. The Contractor shall submit a report within 30 days after the end of each reporting period wherein any performance is made on this contract identifying data for each hiring location. The Contractor shall maintain at each hiring location copies of the reports submitted until the expiration of one year after final payment under the contract, during which time these reports and related documentation shall be made available, upon request, for examination by any authorized representatives of the Federal Contracting Officer, the State, or the Secretary of Labor. Documentation would include personnel records respecting job openings, recruitment, and placement. e. Whenever the Contractor becomes contractually bound to the listing provisions of this clause, it shall advise the employment service system in each state where it has establishments of the name and location of each hiring location in the state. As long as the Contractor is contractually bound to these provisions and has so advised the state system, there is no need to advise the state system of subsequent contracts. The Contractor may advise the state system when it is no longer bound by this contract clause. f. This clause does not apply to the listing of employment openings which occur and are filled outside the 50 states, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands. g. The provisions of paragraphs "b", "c", "d", and "e" of this clause do not apply to openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer-union arrangement for that opening. h. As used in this clause: (1) "All suitable employment openings" Includes, but is not limited to, openings which occur in the following job categories: production and nonproduction: plant and office; laborers and mechanics; supervisory and nonsupervisory; technical and executive, administrative, and professional openings that are compensated on a salary basis of less than $25,000 per year. This term includes full-time employment, temporary employment of more than three days' duration, and part-time employment. It does not include openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement nor openings in an educational Institution which are restricted to students of that institution. Under the most compelling circumstances, an employment opening may not be suitable for listing, Including such situations where the needs of the Federal Government cannot reasonably be otherwise supplied, where listing would be contrary to national security, or where the requirement of listing would otherwise not be for the best Interest of the Federal Government. -9. (2) "Appropriate office of the state employment service system" means the local office of the. federallstate 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. 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 low 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 S upon 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 Air end Water 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. ExN1b0 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 1 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- 1 I 1 (5) To report violations to the State and to the Assistant Administrator for Enforcement. (6) To Insert the substance of the provisions of paragraph [b] Into any nonexempt subcontract, Including this paragraph [b6], 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 if 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. At 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 daily business operations are controlled by one or more such individuals. A minority group member is a person who is Black, Asian, 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. Printing 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 said contract amount. This requirement does not apply to normal In-house copying .,necessary for routine business matters of the Contractor. 18. Prior Approval of Training seminars.Workshops, or Conferences_ Contractor shall 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 available for distribution. 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 business matters. -12- Erh1bn n(F) 19. Confidentiality of Information a. The Contractor and his or her employees agents, or subcontractors shall protect from unauthorized disclosure names and other identifying information concerning persons either receiving services pursuant to this contract or persons whose names or identifying information become available or are disclosed to the Contractor, his/her employees, agents, or subcontractors as a result of services performed under this contract, except for statistical information not identifying any such person. b. The Contractor, his/her employees, agents, or subcontractors shall not use such identifying Information for any purpose other than carrying out the Contractor's obligations under this contract. c. The Contractor, his/her employees, agents, or subcontractors shall promptly transmit to the State all requests for disclosure of such identifying information not emanating from the client or person. d. The Contractor shall not disclose, except as otherwise specifically permitted by this contract or authorized by the client, any such identifying information to anyone other than the State without prior written authorization from the State. e. For purposes of this paragraph, Identity shall include, but not be limited to, name, identifying number, symbol, or other identifying particular assigned to the individual, such as finger or voice print or a photograph. 20. National Labor Relations Board Certification (not applicable If Contractor Is a public entity.) Contractor, by signing this agreement, does swear under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been Issued against Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. 21. Documents and Written Reports 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, Rpsolution of Direct Service Contract Disputes a. If the Contractor believes there Is a dispute or grievance between the Contractor and the State, the procedures set forth In Chapter 2.1, Sections 20201 through 20205, of Title 22, of the California Code of Regulations,shall be followed. b. If the Contractor wishes to appeal the decision of the Deputy Director for Public Health or his/her designee, the Contractor shall follow the procedures set forth In Division 25.1 (commencing with Section 38050) of the Health and Safety Code and the regulations adopted thereunder. (Title 1, Subchapter 2.5 commencing with Section 251, California Code of Regulations.) -13- 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.' Rnancial and Comollance Audit of Nonorotit Entities (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 shall 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. I. 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- ' Exhb"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. Evaluation 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 Former State EmQjQyees a. Current State Officers and Employees (1) Contractor shall not utilize in the performance of this contract any state officer or employee in the state civil service or other appointed state official unless the employment, activity, or enterprise is required as a condition of the officer or employee's regular state employment. Employee in the state civil service is defined to be any person legally holding a permanent or intermittent position in the state civil service. (2) If any state officer or employee is utilized or employed in the performance of this contract, Contractor shall first obtain written verification from the State that the employment, activity, or enterprise is required as a condition of the officer's, employee's, or official's regular state employment and shall keep said verification on file for three years after the termination of this contract. (3) Contractor may not accept occasional work from any currently employed state officer, employee, or official. (4) If Contractor accepts volunteer work from any currently employed State officer, employee, or official, Contractor may not reimburse, or otherwise pay or compensate, such person for expenses incurred, Including, without 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. r -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 some 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 shall render this contract void, unless the violation is technical or nonsuhstantive. (Citation: Public Contract Code, Section 10420) 27. Single Audit Act of 1984 (applicable only if Contractor is a governmental entity) In accordance with Public Law 98-502 and OMB Circular A-128, It 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- The term 'expanded scope auditing' is applied and defined in the U.S. General Accounting Office (GAO) issued Standards for Audit of Governmental Organizations, Programs,Activities and Functions,better known as the 'yellow book.' 28. Contractor Name Chanae Contractor shall provide written notice to the State at least 30 days prior to any changes to the Contractor's current legal name. 29. MQYat14II If the Contractor proposes any novation agreement,the State shall act upon the proposal within 60 days after receipt of the written proposal. The State may review and consider the proposal,consult and negotiate with the Contractor,and accept or reject all or part of the proposal. Acceptance or rejection may be made orally within the 60 day period, and confirmed in writing within five days. 30. Drug-Free Workplace Contractor certifies to the State that it will provide a drug-free workplace by doing all of the following: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person's or organization's workplace and specifying the actions that will be taken against employees for violations of the prohibition. b. Establishing a drug-free awareness program to inform employees about all of the following: (1) The dangers of drug abuse in the workplace. (2) The person's or organization's policy of maintaining a drug-free workplace. (3) Any available drug counseling, rehabilitation, and employee assistance programs. (4) The penalties that may be imposed upon employees for drug abuse violations. c. Requiring that each employee engaged In the performance of the contract or grant be given a copy of the statement required by subdivision(a)and that,as a condition of employment on the contract or grant,the employee agrees to abide by the terms of the statement. d. Contractor agrees this contract may be subject to suspension of payments or termination of this contract,or both,and the contractor may be subject to debarment, in accordance with the requirements of the Government Code Section 8350,et seq.,if the Department determines that any of the following has occurred: (1) The contractor or grantee has made a false certification. (2) The contractor violates the certification by failing to carry out the requirements of subdivisions(a)through(c)above. -17- 31. Debarment and Suspension Requirements 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 CERTAIN FEDERAL ACTIONS AND RELATED DISCLOSURES (a) Definitions. As used in this Exhibit, 'Agency; as defined in 5 U.S.C. 552(f), includes Federal executive 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 organl¢ation' have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 4508). 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 on 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 on agency: (1) An individual who Is appointed to a position in the Government under title 5, U. S. Code,including o 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 an individual, corporation, company, association, authority, firm, . partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law. 'Reasonable compensation' means, with respect to a regularly employeed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by,or not furnished in cooperation with the Federal Government. 'Reasonable payment' means, with respect to professional and other technical services,a payment in an amount that is consistent with the amount normally paid for such services in the private sector. 'Recipient' includes the Contractor or Grantee,and all subcontractors or subgrantees at any tier in connection with a Federal contract, grant, or other Federally funded activity. The term excludes an Indian tribe, tribal or ganization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law. 'Regularly employed' means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days. 'State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and a multi-State, regional, or interstate entity having governmental duties and powers. b Prohibition. (1) Section 1352 of title 31, U. S. Code provides in part that no appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: The awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,loan,or cooperative agreement. (2) The prohibition does not apply as follows: (i) Agency and legislative liaison by Own Employees. (A) The prohibition on the use of appropriated funds, in paragraph (b)(1), does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a Federal contract if the payment Is for agency and legislative liaison activities not directly related to a covered Federal action. -19- (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: (i) 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, (i) 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; (ii) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and, (ii) Capability presentations by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Public Law 95-507 and other subsequent amendments. (E) Only those activities expressly authorized by paragraph (b)(2)(i) are allowable under paragraph(b)(2)O. (i) 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 a person requesting or receiving a Federal contract or an extension, continuation, renewal, amendment, or modification of o 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. -20- ` (B) For purposes of paragraph (b)(2)(ii)(A), 'professional and technical services' shall be limited to advice an analysis directly applying any professional or technical discipline. For example, drafting of a legal . document accompanying a bid or proposal by a lawyer is allowable. Similarly; technical advice provided by on engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant)are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice and analysis directly and solely related to the legal aspects of his or her client's proposal, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services. Similarly,communications with the intent to influence made by 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)C7. (iii) Reporting for Own Employees. No reporting is required with respect to payments of reasonable compensation made to regularly employed officers or employees of a person. (iv) Professional and technical services by Other than Own Employees. (A) .The prohibition on the use of appropriated funds, in paragraph (b)(1), does not apply in the case of any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action, If the payment is for professional or technical services rendered directly in the preparation,submission,or negotiation of any bid, proposal, or application for that Federal contract or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal contract. -21- (B) For purposes of paragraph (b)(2)(iv)(A), 'professional and technical services' shall be limited to advice and analysis directiyapplying 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 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) ' 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)00 of this section are allowable under paragraph(b)(2)('nr). (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 subgront,which.is subject to section 1352 of title 31, United States Code, and which exceeds $100= 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: (i) 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 (ii) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or, (iii) A change in the officer(s), employee(s), or Member(s) contacted for the purpose of influencing or attempting to influence a covered Federal action. (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 forms to the State agency. (d) Agreement. In accepting any contract,grant,subcontract or subgrant subject to this Exhibit,the recipient (and any person submitting an offer for such a contract or grant) agrees not to make any payment prohibited by law or this Exhibit. (e) Penalties. (1) Any person who makes an expenditure prohibited under paragraph (b) of this Exhibit shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. (2) Any person who fails to file or amend the disclosure form to be filed or amended if required by this Exhibit,shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. (3) Recipients may rely without liability on the representations made by their subcontractors or subgrantees in the certification and disclosure form. (f) Cost allowability. Nothing in this Exhibit is to be interpreted to make allowable or reasonable any costs which would be unallowable or unreasonable in accordance with Part 31 of the Federal Acquisition Regulation. Conversely,costs made specifically unallowable by the requirements In this Exhibit will not be made allowable under any of the provisions of Part 31 of the Federal Acquisition Regulation. -23- Attachment 1 STATE OF CALIFORNIA DEPARTMENT OF HEALTH SERVICES CERTIFICATION REGARDING LOBBYING The undersigned certifies,to the best of his or her knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for Influencing or attempting to Influence an officer or employee of an agency of the United States Government, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with the making, awarding or entering Into of this Federal contract, Federal grant, or cooperative agreement, and the extension, continuation, renewal, amendment,or modification of this Federal contract,grant,or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to Influence an officer or employee of any agency of the United States Government,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress In connection with this Federal contract,grant,or cooperative agreement,the undersigned shall complete and submit Standard Form LLL, 'Disclosure of Lobbying Activities' in accordance with Its Instructions. (3) The undersigned shall require that the language of this certification be Included In the award documents for all subawards at all tiers (including subcontractors,subgrants,and contracts under grants and cooperative agreements) of $100,000-or more, and that all subrecipients shall certify and disclose accordingly. This certification Is a material representation of fact upon which reliance was placed when this transaction was made or entered Into. Submission of this certification Is a prerequisite for making or entering Into this transaction Imposed by Section 1352, Title 31, U. S. Code. any person who falls to file the required certification shall be subject to a civil penalty of not less than$10A00 and not more than $100A00 for each such failure. Nana of Contractor PM16m. d ftsa Ogr*+fa for CardrooW Ca*a0/GraW N jrbW SIQ,ak..of a.na,aQir,O fa oaeocta We T" 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 Sheet Sacramento,CA 94234-7320 Cka A MucOm kftln No.13(10/91) -24- Attachment 2 DISCLOSURE OF LOBBYING ACTIVITIES ^DV°Wby OMB „ Complete this form to disclose lobbying activities 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 filing b. grant b. initial award b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan e. loan guarantee Year quarter f. loan Insurance date of last report 4. Name and Address of Reporting Entity: 5. if Reporting Entity In No.4 is Subawardee,Enter Name and Address of PH ❑ Rime ❑ Subawardee Tier ,If known: Congressional District,if known: Congressional District,If known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number,If applicable: 8. Federal Action Number,If known: 9. Award Amount,If known: 10. a. Name and Address of Lobbying Entity b. Name and Address of Lobbying Entity (if individual,last name,first name,MD: Of Individual,last name,first name,MI): (attach Continuation Sheet(s)SF-LLL-A,If necessary) 11. Amount of Payment(check all that apply): 13. Type of Payment(check all that apply): $ ❑ actual O planned ❑ a. retainer 12. Form of Payment(check all that apply): ❑ b. one-time fee ❑ c. commission ❑ a. cash O b. in-kind,specify: Nature El d contingent fee ❑ e. deferred Value ❑ f. other,specify: 14. Brief Description of Services Performed or to be Performed and Date(s)of Service,Including Officer(s),Employee(s), or Member(s)Contacted,for Payment Indicated In item 11: (Attach Continuation Sheet(s)SF-LLL-A,if necessary) 15. Continuation Sheet(s)SF-LLL-A Attached: O Yes O No 16. Information requested through this form Is authorized by Title 31, U.S.C., Section 1352. This disclosure of lobbying activities Is a e 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, Rtrt None: U.S.C.,Section 1352. This Information will be reported to the Congress semiannually and will be available for public >ms: Inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than$10A00 and not more than S 100A00 for each such failure. 1B t1°'` oars: ''2%'::�: r:?y:•%':?::0;39";: r:;y:: r.+ '+ i'3r< ;�:'•:5•i"::c":;. :................................................................ %;r•:PFr9:: :::r;:<ri'<<i'•:'•k:f:.y;•:•:::;f. ..�::::„/...,....r.I/.f•: ::6,N...<u::.:l•.3:•.,.s.::,.::.:.;:,.;,ff,.,.:<:y',t'.f�tt • lot;}r....::;•r.ftcm:::l.,. :•^;.•::::.::.:.;..;n}C::t.::•:4::..r..;.�t:'•:NS..:;::... ..t;:. AuttlOrtzedfor Local Reproduction standard Form-1)i CMS r,nruCt*nd BWetin No.14(10/91) -25- 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, ora material change to a previous filing, pursuant to Title 31. U.S.C.. Section 1352. The filing of a form 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 filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional Information. 1. Identify the type of covered Federal action for wNch 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 Actlon. 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 reclplent. 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. If the organization filing the report In Item 4 checks'Subawardee;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,If 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. 8. Enter the most appropriate Federal Identifying number available for the Federal action Identified in Item 1 (e.g..Request for Proposal (RFP) number; Invitation for Bid(IFB)number; grant announcement number;the contract. grant, or loan award number; the application/proposal control'number assigned by the Federal agency). Include prefixes,e.g.'RFP-DE-9D.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/loan 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 Individual(s)performing services,and Include full address If different from 10.(a). Enter last name,first name,and middle Initial(MD. 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 dates)of any services rendered. Include all preparatory and related activity,not just time spent in actual contact with Federal officials. Identity the Federal officials) 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,ns 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 collection 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- • DISCLOSURE OF LOBBYING ACTIVITIES CONTINUATION SHEET Approved by OMB i -U8-0046 Reporting Ent"y: Page of _+mss : w Aufhorired for Lord Reproduction CMS tvfructiond BL"fin No.14(10/91) -27- Stvsckrd Form-LLL-A , G U ° � • L '�' 77N N o •t �ca o �° c`a 4 O W 4 v N Y •V N G a 4 y�-o WO U Wim ` cGa v a' N m O Q W-) m o co YZ Na � ONO cCmoa E 6' too0 4- G to o 0 0 s ca o t- O `° u- = u W c to S ,. UA ° m a E t Z• o N +► Z �-- `n m o Cl LO G y v rE ul Oo o70 ;° N ? � d• V � O � V m p y 'p. OS �, `° o° 3i �, N ocot -o CC-* c C to 3 m QG tio. �.✓.No YNU % to%eGt (0 totb .15 -U �CZ, m •A T v G N N 7 N 0 CI. vm �N W cr- ofN 03 m 66 . 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U N o o = o L W N Y y N Z UJ C CO 0 (D CL 0 co 3 (D Lf) 0 U C) CJ Cc 0 E o 1- -1 :3 Ccn cn 0 c CL w 0as > 0 > E cm ui a -a 0 W — E U- z r " 0 0 C 3 0 .—0QLU a) CL %- 44 0 r- 0 0 CD cn 0 E c (D cn C .5 0 U) in 0 UJ 0 0 C C 0 u 0 c U- 4� (D c C13 z iz 0 0 4) u LU it a- E >. ca CL0 LU LO w .E z cn M (D0 M:3 0 to 0 00 rn co 0 0 a 0 CD 0CL E = 0 o c a) %.. — a) G? E a) as CU -0 M 0 5 E 0 co co A — w cn C 0 0 m 0 .2 c >- +� E0 %- 'ji 0 4� 0 0 c 0 c cao -a +J0 0 -W u 0 0 0 X 0 cn 0" c z E C*E (D 0 0C C, 3 t0 CL to 0 C C C Q m *a Z CL 0 w 0 'm > CL co t0 O S C LL da NC o ch cr- - :) 7: CL .0 -0 a) E (D 0 C CD 0 m M m Cr as C a c 0 +� 0 0 0 .0 H0 U. m M cn Q) CM (D m LU 0 0 0 a = 4� c :" 0 a) .. (A 0 4w CL 4) .0 0 > r.L 0 us 0 .0 CL 4W -0 Q 0 (1) 41 > C: > r) 'o 4) r " +1 c 0 m c 0 E m 0 0) :3 ui ou 0 —1 c %- m U m E -- %0- 0 0 0 L: to CD OO 0 a) c I.. -W a CD 'm 0 0 a D 0" c m cn cn cn 0 .0 -6 (D c in U. M zr- U. LU 0 c C cr c V 0 0 z -0- r V- I 4- U c 6 2 I- . 0 LU 0 (1) Ln a. U CL z co 3: 0 0) 0 is x u = 0 in LM U) 4� 0 EXHIBIT C-BUDGET Contractor: Contra Costa County FISCAL YEAR: 1994/1995 Contract No.: 94-19605 Program/Project:High Risk Infant Followup STATE FUNDING MCH (1) (2) (3) (4) (5) (6) TOTAL STATE EXPENSE CATEGORY FUNDING % (1) PERSONNEL $223,439 69.6% $223,439 (2) OPERATING EXPENSES $6,732 100.0% $6,732 (3) CAPITAL EXPENDITURES (4) INDIRECT COSTS % 10% $17,456 69.6% $17,456 (maximum 1:0°l0) (5) OTHER COSTS $4,259 100.0% $4,259 _ __ TOTAL EXPENDITURES $251,886 $251,886 ti::}::,';:; :�:;:;�:;::•:::;:�:':•isiii•::::.::ti$:{:ti:::•:'•i�i::•:{.:is{ry::::•:•i:•'i:{{•^•:�. FUNDING SOURCE MCH (State Alloc. : $1 251,8861 $251,886 `' $251,886 Ago State RCA Summa $251;888 $251,888;. EXHIBIT C-BUDGET Contractor: Contra Costa County FISCAL YEAR: 1995/1996 Contract No.: 94-19605 Program/Project:High Risk Infant Followup STATE FUNDING MCH (1) (2) (3) (4) (5) (6) TOTAL STATE EXPENSE CATEGORY FUNDING % (1) PERSONNEL $223,439 69.6% $223,439 (2) OPERATING EXPENSES $6,732 100.0% $6,732 (3) CAPITAL EXPENDITURES (4) INDIRECT COSTS % 10% $17,456 69.6% $17,456 {maximum'kQs/o) (5) OTHER COSTS $4,2591 100.0% $4,259 TOTAL EXPENDITURES $251,886 $251,886 FUNDING SOURCE :,>:.:;.:�>:<:.;:>::.:;.;:.:{::.;:•;:•:::.<:,,>:.::.::•�.�4:•::•»:}�•:.> MCH State Alloc. 251,886 )� $ $251,886 ti�`ti�ti�`'�'���'� :: $251,886 State PCA Summa $251;886 $251;88t3 State of California--Health and Welfare Agency Department of Health Services EXHIBIT: D FEDERAL CONTRACT FUNDS 1 . 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. 2. 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 1994-95 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. 3. 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. 4. The Department has the option to void the contract with 30-days written notice or to amend the contract to reflect any reduction of funds. CMS Instructional Bulletin No.04(12/93) State.oY California - Health and Welfare Agency Department of Health Services Primary Care and Family Health EXHIBIT E PROGRESS REPORT .............. ................ ._. Contractor should duplicate this REPORT PERIOD form to prepare;reports:: :SUBMIT ORhINAL :AND :2 (J JULY TO DECEMBEN 19 COPIES.TO. [I JANUARY TO JUNE, 19 II OTHER fSpecrfyf _.............._.. ...._.........__.. ............ ...__. ..............._...... ...................... ............. .........._..................... ..................._ _ .. ... ........._................._... ......... . _... ....._....._.. ...... ._ .......__ __..... ......... ........_ ......... .... ........ ............... _... _ ........ _._................. .. .... ............ _ ........ ._..__ ...... _.... _ .. _..... ......_..... ... . ... ......_ _.... _...... ....._ ......_.... YOUR:CONTRACT MANAGER 2. :CONTRACT.NUMBER., Matemal and Child:Health-Brancf. 714 P:9treet,Room 708 P O Box 942732 WE ENCOURAGE YOU TO BE BRIEF. Sacramento CA 94234=732a PLEASE LIMIT REPORTS TO: (between 5 and.10 pages) 3. PROJECT TITLE 4. AGENCY NAME AND ADDRESS 5. AGENCY REPRESENTATIVE PREPARING REPORT NAME: TITLE: PHONE: INSTRUCTIONS Items 1-5: Self-Explanatory Item 6. ATTACH NARRATIVE STATEMENT OF PROJECT PROGRESS TO THIS FORM: The narrative must include the following: a. Summarize progress made to date toward meeting each objective, as specified in the SCOPE OF WORK, Exhibit B. Use quantifiable terms, if applicable. b. Briefly describe any problems encountered in implementing the objective. Outline strategies for dealing with the unresolved problems. Discuss personnel transactions (including vacancies)which have had an impact.on meeting the objective. C. Address any issues needing the special attention of State staff. Retain progress report supplements on file for State review and submit required contract deliverable which may be specified in the SCOPE OF WORK, Exhibit B, directly to your Contract Manager under separate cover. CERTIFICATION BY PROJECT DIRECTOR: I certify that the information presented in this report accurately reflects the current status of this project to the best of my knowledge. Original Signature Date (Project Director) State of California- Health and Welfare Agency Departrnent of Health Services Contract Management Section Exhibit F ' Contract Uniformity Pursuant to the provisions of Article 1.8 (commencing with Section 242)of Chapter 2 of Part 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. 1. As used in this agreement with reference to State funds, fringe 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. 2. As used herein, fringe benefits 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 regular or normal salaries and wages, vacation, sick leave, holidays, jury duty, and/or military leave. b. Director's and executive committee member's fees C. Incentive or bonus pay d. Allowance for off-site pay e. Incentive or bonus pay f. Location allowances g. Hardship pay h. Cost-of-living differentials 3. Specific allowable fringe benefits are identified as: Fringe benefits in the form of employer contributions for employer portion of payroll taxes(i.e.,FICA,SUI, SDI,Training), employee health plans (i.e.,health, dental, and vision), unemployment insurance, workers compensation insurance and employers portion of pension/retirement plans provided they are granted in accordance with established written organization policies and meet all legal and Internal Revenue Service requirements. 4. 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 uniformity to all activities of the Contractor. 5. It is agreed by both parties that any and all fringe benefits shall be at actual cost. 6. Accrued Compensation a. Compensation for vacation, sick leave,and holidays is limited to that amount accrued within the contract term. Unused vacation, sick leave, and holidays earned from periods prior to the contract period cannot be claimed as allowable costs (See page 2 for an example). b. For multiple year contracts,vacation and sick leave compensation which is accrued but not paid, due to employee(s) not taking vacation or sick leave may be carried over and claimed within the overall term of the multiple years of the contract. Holidays cannot be carried over (See page 2 for an example). C. For single year contracts, vacation, sick leave, and holiday compensation which is accrued but -not paid, due to employee(s) not taking time-off within the contract term,cannot be claimed as an allowable cost (See page 2 for an example). Page 1 of 2 Revised 1/94 I Contract Uniformity Accrued Compensation Examples Example No. 1: If an employee, John Doe, is allowed three weeks of vacation and twelve days of sick leave each year, then that is the maximum amount that may be claimed during a contract period. If John Doe has five weeks of vacation and eighteen days of sick leave at the beginning of the State contract term, the Contractor during a one year contract term may only claim up to three weeks of vacation and twelve days of sick leave actually used by the employee. Amounts earned/accrued in periods prior to the beginning of the contract are not an allowable cost. Example No. 2: If during a three-year (multiple year)contract John Doe does not use his three weeks of vacation in year one or his three weeks in year two,but he does actually use nine weeks in year three,then the Contractor would be allowed to claim all nine weeks paid for in year three. The total compensation over the three- year period cannot exceed 156 weeks (3 X 52 weeks) of total compensation. Example No. 3: If during a single year contract John Doe works fifty weeks and uses one week of vacation and one week of sick leave and all fifty-two of these weeks have been billed to the State then the remaining unused two weeks of vacation and seven days of sick leave may not be claimed as an allowable cost. Page 2 of 2 Revised 1/94 f Exhibit G STATE OF CALIFORNIA DEPARTMENT OF HEALTH SERVICES Prior to July 1, 1994 Language 1 . It is mutually understood between the parties that this contract may have been written and executed prior to July 1 , 1994 for the mutual benefit of both parties in order to avoid program and fiscal delays which could occur if the contract were executed after July 1 , 1994. 2. This contract is valid and enforceable only if sufficient funds are made available by the Budget Act of 1994 for the Fiscal Year 1994-95 for the purposes of this program. In addition, this contract is subject to any additional restrictions, limitations, or conditions enacted by the Legislature and contained in the Budget_Bill or any statute enacted by the Legislature which may affect the provisions, terms, or funding of this contract. in any manner. 3. It is mutually agreed that if the Budget Act of 1994 does not appropriate sufficient funds for the program, this contract shall be invalid and of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to the contractor or to furnish any other considerations under this contract and the contractor shall not be obligated to perform any provisions of this contract. CMS Instructional Bulletin No.03(12/93) EXHIBIT K MATERNAL AND CHILD HEALTH (MCH) BRANCH Non-Federal Financial Participation Invoicing Guidelines SAMPLE OF COVER LETTER (Use Official Letterhead) Date Administrative Management Section Maternal and Child Health Branch 714 P Street, Room 708 P.O. Box 942732 Sacramento, CA 94234-7320 MATERNAL AND CHILD HEALTH CONTRACT # Enclosed for payment is our invoice number in the total amount of $ which covers the period of through (inclusive dates) for services rendered pursuant to the terms and conditions established in the above referenced MCH contract. Sincerely, Name, Title Enclosure Page 1 of 5 EXHIBIT K- Sample Non-FFP Invoice Format Contractor: ` Program/Project: Contract No.: Invoice M Invoice Period: Fiscal Year: STATE FUNDING MCH (1) (2) (3) (4) (5) (6) TOTAL F STATE EXPENSE CATEGORY FUNDING % (1) PERSONNEL ERR (2) OPERATING EXPENSES _. __.. ..... .... ......... .... _... __ ............_....... (3) CAPITAL EXPENDITURES (4) INDIRECT COSTS % (maxrrnum 10°�b) (5) OTHER COSTS ERR _..._ _ __. _ _ ... ........ .............. .. TOTAL EXPENDITURES FUNDING SOURCE �••,::M�:>::>::>:::.:•.:..�z:f.'•.::::.:::::� State PCASumma Authorized Signature Date PAGE 2 of 5 l � � PERSONNEL DETAIL WORKSHEET Contractor: EXHIBIT K- Sample Non-FFP Invoice Format Program/Project: Contract No.: Invoice#: Invoice Period: Fiscal Year: STATE FUNDING MCH (11 (2) (3) (4) (5) (6) % ANNUAL TOTAL STATE STAFFING FTE SALARY FUNDING % XXXXXX1 2 ... . .. 3 4 .. 5 s 7 s 9 10 11 l2 13 14: 15 17 18: .... . 19 70 21 22 23 24: 25 2s 111 TOTAL WAGES AVG BENEFIT RATE (2) TOTAL BENEFITS TOTAL PERSONNEL COSTS PAGE 3 of 5 OTHER COSTS DETAIL WORKSHEET Contractor: EXHIBIT K- Sample Non-FrP Invoice Format Program/Project: Contract No.: Invoice#: Invoice Period: Fiscal Year: STATE FUNDING MCH (1) (2) (3) (4) . (5) (6) TOTAL STATE FUNDING % SUBCONTRACTS 1 2 3 5 6 7 ", $; 9 IQ 11 i2 13 74: 15 IS . 17 8 . 19 _.... _........._. .... ......... ....._........_.. ......................................... .. _._........................._........_. ...................._..................... 21 22 OTHER TOTAL OTHER COSTS PAGE 4 of 5 I • , `r EXHIBIT K c - MATERNAL AND CHILD HEALTH (MCH) BRANCH Non-Federal Financial Participation Invoicing Guidelines All invoices for funds associated with MCH contracts must be processed according to the following guidelines. Original Invoice The cover letter, invoice, and invoice detail worksheets must be prepared and formatted as shown on this Exhibit K and Paragraph 9 of the Standard Agreement or Interagency Agreement. The original and one (1) copy of the invoice shall be submitted to the MCH Branch, Administrative Management Section, for. processing. Each cover letter must: 1 . Be printed on official agency letterhead: 2. Include original signatures; and 3. Have appropriate small business indicator stamp, if applicable. Each invoice must include: 1. Original signatures; 2. Appropriate expenditure line item codes and descriptions; and 3. Invoice detail worksheets. Please note that MCH will only process invoices based on specific NUMBERED line item codes and descriptions reflected in your Agreement. Budgeted costs established under these numbered line items are the basis for payment. Invoices which are incorrect will either be adjusted by MCH staff or returned to the contractor for correction. Under state statute, MCH is required to return any invoice that cannot be processed within fifteen (15) days of its receipt. Supplemental Invoices Supplemental invoices may be submitted to adjust previous charges and must be formatted similar to regular invoices. Supplemental invoices may be submitted at any time during the contract term or up to ninety (90) calendar days after the contract has expired, terminated, or at the fiscal year end, whichever is earlier. Each supplemental invoice must: 1. Be titled specifically "Supplemental Invoice" 2. Be numbered with an alpha numerical code that identifies the original invoice being corrected (i.e., Supplemental Invoice #1A); and, 3. Reflect the amount of the supplemental billing only. Do not indicate the original or adjusted amount of the previous invoice. Final Invoice All final invoices shall be submitted in accordance with Paragraph 9(G) of the Standard Agreement or Interagency Agreement. All questions regarding these guidelines should be directed to the MCH contract manager responsible for your Standard Agreement or Interagency Agreement. Page 5 of 5 `r STA-JE LIFORNIA NONDISCRIMINATION_ CLAUSE (OCP-1) STD. 17A(REV.2-93) 1. During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability including (HIV and AIDS), mental disability, medical condition (cancer, age (over 40), marital status, and denial of family care leave. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor 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 Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this contract be reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 2. This contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.