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HomeMy WebLinkAboutMINUTES - 08091994 - 1.35 11�s TO: a BOARD OF SUPERVISORS FROM: Mark Finucane, Health Services Director • Contra By: Elizabeth A. Spooner, Contracts Administr a@ Costa DATE: July 28, 1994 County SUBJECT: Approve Standard Agreement #29-250-31 with the State Department of Health Services for the Dental Disease Prevention Program SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Chair, Board of Supervisors, to execute on behalf of the County, Standard Agreement #29-250-31 with the State Department of Health Services, in the amount of $98, 577, for the period from July 1, 1994 through June 30, 1995, for the Dental Disease Prevention Program. II. FINANCIAL IMPACT: Approval of this agreement will result in $98, 577 of State funding for the Dental Disease Prevention Program during fiscal year 1994- 95. No County match is required. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: The Dental Disease Prevention Program is a State-mandated program, designed to prevent and control dental disease in children in selected school districts and to provide a comprehensive 'community- supported and school-based dental disease prevention program. The program serves 21, 906 children in elementary schools and preschool sites in Contra Costa County. Approval of Standard Agreement #29-250-31 will provide State funding to continue this program through June 30, 1995. The Board Chair should sign eight copies of the agreement. Seven signed copies of the agreement and three certified/sealed copies of this Board Order should be returned to the Contracts and Grants Unit for submission to the State Department of Health Services. CONTINUED ON ATTACHMENTS YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME ATI NOF BOARD C MMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON _/(f[6 ter.+ q 1 9 APPROVED AS RECOMMENDED OTHER O VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) 1 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: tdendel Brunner, M.D. (313-6712) OF SUPERVISORS ON THE DATE SHOWN. cc: Health Services (Contracts) ATTESTED _ �c,:�,, 9 /99 !j Auditor-Controller (Claims) State Dept. of Health Services Phil Batchelor, Clerk of the Board of Superwisors and County Administrator M3e2/7•e3 BY _ � �` I ) DEPUTY 1STATE OF CALIFORNIA / — I APPROVED BY THE l CONTRACT NUMBER' AM.NO. STANDARD AGREEMENT- ATTORNEY GENERAL -j7 STD.2(REV.5-91) ' 94-19910 TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NUMBER THIS AGREEMENT,made and entered into this 1St day of July ' 1994 , 94-6000509 in the State of California,by and between State of California,through its duly elected or appointed,qualified and acting TITLE OF OFFICER ACTING FOR STATE AGENCY Chief, Program Support BranC Department of Health Services hereafter called the State,and CONTRACTOR'S NAME — 2 5 ® ® 1, County of Contra Costa " ,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.) 1. The period of this contract shall be from 7/1/94 through 6/30/95. 2. The total amount payable by the State to the Contractor under this contract shall not exceed the rate per participating child provided by law, nor shall it exceed $ 98,577.00. 3. This contract may be cancelled by either party upon 30 days written notice to the other party. 4. The attached Exhibit "A(S) " entitled "Additional Provisions" consisting of twelve pages is made a part hereof by this reference. 5. The attached Exhibit "B" entitled " DDPP Line Item Budget" consisting of one page is made a part hereof by this reference. 6. The attached Exhibit "C" entitled "Prior to July 1, 1994 Language" consisting of one page is made a part hereof by this reference. 7. The attached Exhibit "Standard Form 17A" entitled "Nondiscrimination Clause" consisting of one page is made a part hereof by this reference. CONTINUED ON _2- 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(it other than an individual state whether a corporation,partnership,etc.) Department of Health Services County of C Costa BY(AUTHIaRIZED SIGNATURE) E) ' D PRINTED NAM PERSON SIGNING PRINTED AME AND TITLE OF PERSON SIGNING Ed Stahlberg TITLE ADDRESS ine Street Chief, Program Support Branch Martinez, CA 94553 AMOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY(CODE AND TITLE) FUND TITLE Department of General Services DOCUMENT Local Assistance .neral $ 98,577.00 Use 01v,��_� (OPTIONAL USE) PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT g J Bud Funding Subject t0 et Act Of 1994 r i° r Budget -0- ITEM CHAPTE STATUTE FISCAL YEAR Dep ,Rrl n' , WICOS r T "' TOTAL AMOUNT ENCUMBERED TO 4260-111-001(A) �� 1994 94-95 !� P hr a� 0 DATOBJECT OF EXPENDITURE(CODE AND TITLE) $E98,577.00 94-51375-4533-702-03 !hereby certify upon my own personal knowledge that budgeted funds T.B.A.NO. B.R.NO. SEP p 9 1994 are availabl for the period and purpose of the expenditure state �7t> d above. v SIGNATOR F COUNTING OFFICER B Y. E- P,a3—y Asst.Chief aseL... 0 CONTRACTOR ❑ STATE AGENCY ❑ DEPT.OF GEN.SER. ❑ CONTROLLER ❑ SEP 1 6 1994 -7.A, STANDARD AGREEMENT 1, The Con tractoragrees to indemni I'%,d O'crid a nd s;iNe harm less t lie state.its ornicers,,)-e I:is..-Ild i?.11pi I Iv(CS from any and all clainis and losses accruing or resultin- to ariv and all contractor;;, materialmen.laborers and any other person,ii)n!or corporation furnishing supplylhing 11,; wo,k ices. materials or supplies in c'onnection%s ith the perforniance of this contract,and From any:arra all And losses accruing or resulting to any person, firm or corporation who may be injured or d.iiiia,.,vd bY the Contractor in the performance of this contract. 2. The Contractor,and the agents and employees of Contractor,in the performance of tht- ;h:.,!l act in an independent capacity and not as officers or employees or agents of SGite of 3. TheStatemay terminate this agreement and be relieved of the payment of any considenition tii Cont-;!c4or should Contractor fail to perform the covenants herein contained at the time and in t.,le orwnrr n,rein provided. In the event of such termination the State may proceed vvith the work in proper by the State. The cost to the State shall be deducted from any sum due the (-'01`111'.r, 101, ;h!S agreement.:and the baiance, if any,shall be Ovid the Contractor upon demand. 4. W'itliout the writien consent of the State, this agreement is not assignable by Contram.0' tither In iioie or in part. 5 Titne is of the essence In this ii:jret:ment. 6. No a!teratjon or variation of the terms of this contract sliall be valid unless made in xritlu--,orad si,cw-d 1)v the parties hereto,and no oral understanding or aq_,reenient not incorporated herein.-hail he hind;"-flM any of the parties hereto. 7. The consideration to he paid Contractor, as provided herein, shall be in compensation For ,ill of Contractor's expenses incurred in the performance hereof, including travel and per dicm, unless otherwise expressly so provided. 91 61414 PAGE 2 CONTRACT #: 94-19910 CONIRACFOR: County of Contra Costa 8. The total number of children to be served by the Contractor under this contract shall be 21,906. 9. The Contractor shall: A. provide an ongoing, school-based, Dental Disease Prevention Program to the students specified herein pursuant to the provisions of Sections 360-371.5 and 3500 of the Health and Safety Code and all applicable program guidelines established by the Department of Health Services. B. provide each participating student the opportunity to participate in daily supervised toothbrushing activities in the classroom throughout the school year. C. in communities with less than 0.7 parts per million (ppm) fluoride occurring naturally in the community water supply, provide each participating student who has parental permission, an acceptable form of fluoride-related caries protection as specified in the Dental Disease Prevention Program Guidelines established by the Department of Health Services. D. provide each participating student the opportunity to participate in a dental health education component as specified in the Dental Disease Prevention Program Guidelines established by the Department of Health Services. (Note: Dental screenings are not eligible for funding through this contract.) E. provide educators and students with educational materials, toothbrushes, floss (if the project has a flossing component) , fluoride, and other necessary materials and supplies needed to conduct the program. F. submit to the Department of Health Services invoices on a monthly or quarterly basis; activity reports on a semi-annual basis; and a final comprehensive annual report within one month of the end of the contract term on forms and in a manner to be determined by the Department of Health Services. G. provide technical assistance and consultation to other Dental Disease Prevention Programs as requested by the Department of Health Services, but only to the extent that funds are herein provided. PAGE 3 CONTRACT #: 94-19910 CONTRACTOR: County of Contra Costa H. maintain a roster of schools and classrooms (by grade level) participating in the Dental Disease Prevention Program, indicating the total number of participating students in each school and grade level, and the number of students participating in toothbrushing and fluoride program components, on forms and in a manner to be determined by the Department of Health Services. I. hold a minimum of two (2) oral health advisory committee meetings during the term of this contract to provide input on the need for and adequacy of local preventive oral health services for children and other oral health needs of the community. The advisory committee shall include, but not be limited to, representatives from education, the dental professions, and parent groups. J. send at least the project coordinator or designee who is closely involved in the administration of the Dental Disease Prevention Program, to an annual conference and regional workshop(s) sponsored by the Department of Health Services should the Contractor be notified by the Department of such meetings. 10. In consideration of the above services, performed in a manner acceptable to the State, the State shall reimburse the Contractor at least quarterly, in arrears, upon submission of an invoice in quadruplicate, for actual expenditures in accordance with the budget attached hereto and shown as Exhibit "B" to: Department of Health Services, Dental Health Section, 601 N. 7th Street, P.O. Box 942732, Sacramento, CA 94234-7320. Said invoice shall be submitted on a form approved by the State and contain the name and address of the Contractor; the State contract number; the time period covered by said invoice, current expenditures and remaining balances by line item; and the names, salary rates and time worked for each individual for whom personal or contractual services are being claimed. 11. The Contractor may make changes in any individual line item in the budget, provided that: such changes in the aggregate as to any one line item shall not exceed $10,000; the Contractor submit an explanation of the need for such excess with the claim for reimbursement and specifically identify the line item to be reduced in order to increase the excess items; and provided that the State reserves the right to deny any such claim for any excess reimbursement on any line item. It is further understood that in no event shall the maximum amount payable under this agreement exceed the maximum amount specified in paragraph 2 of this agreement. Exhibit A(S) STATE OF CALIFORNIA DEPARTMENT OF HEALTH SERVICES ADDITIONAL PROVISIONS (FOR STATE FUNDED SUBVENTION AID/LOCAL ASSISTANCE COST REIMBURSEMENT CONTRACTS/GRANTS) 1. There is no paragraph 1 in this Exhibit A(S). 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. 4. Standards d Work The Contractor agrees that the performance of work and services pursuant to the requirements of this contract shall conform to high professional standards. 5. Fumishing of Property by the State or Purchase of Property with State or Federal Funds a. (1) All equipment, material, supplies, or property of any kind purchased from funds advanced or reimbursed or furnished by the State under the terms of this contract and not fully consumed in the performance of the contract shall be the property of the State and shall be subject to the provisions of this paragraph a, as well as paragraphs b,c,and d below. If the Equipment line item in the budget or in any other paragraph of this contract exceeds $10,000 or more,the provisions of subparagraph b shall apply. CHWs Uuhuctk nd euuett,No.06(1ro1) (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. Final disposition of such equipment shall be at state expense In accordance with instructions from the State to be issued immediately after receipt of the final inventory. (3) Motor Vehicles (a) If, under the provisions of paragraph a 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 $500,000 per occurrence for bodily injury and property damage liability combined. The certificate of insurance must Include provisions(i)and(€0,stating that: (i) The insurer will not cancel the insured's coverage without 30 days prior written notice to the State. (ID 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 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 -2- Exhibit A(S) 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. b. If the Equipment line Item budget in this contract Is $10,000'or more, the State shall purchase said equipment through Its Office.of Procurement. The cost of procurement of equipment will be deducted from contract amount. Contractor shall submit to 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 to the Contractor's address as stated In the contract unless notified by Contractor in writing. c. (1) Title to state property shall not be affected by the incorporation or attachment thereof to any property not owned by the State, nor shall such state property, or any part thereof, be or become a fixture or lose its identity as personality by reason of affixation to any realty. (2) State property shall be used only for the performance of this contract. (3) 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. (4) The Contractor shall maintain and administer, in accordance with sound business practice, a program for the utilization, maintenance, repair, protection, and preservation of state property so to assure its full availability and usefulness for the performance of this contract. The Contractor shall take all reasonable steps to comply with all appropriate directions and instructions which the State may prescribe as reasonably necessary for the protection of state property. d. For nonexpendable 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. 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 property allocable to costs for which the Contractor has been reimbursed by the State under this contract. 7. Examination of Accounts,Audit, Records,and Subcontract language .a. The Contractor shall maintain books, records,documents,and other evidence,accounting procedures, and practices, sufficient to reflect properly all direct and Indirect costs of whatever nature claimed to have been Incurred in the performance of this contract, including any matching costs and expenses. The foregoing constitutes 'records" for the purposes of this clause. -3- 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. c. The Contractor shall preserve and make available his records ()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, to have access to and to 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 Fees The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or Bono 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. 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. -4. Exhibit A(S) • 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 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 Complaint Process. e. The Contractor shall, subject to the approval of the Department of Health Services, establish procedures under which participants of service 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,Part 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, Part 80, 84, and 90,Sections 80.6,84.61,and 90.42. 11. Final Invoice—Final Report—Retention of Funds If a final report is required by this contract, 10 percent of the face amount of the contract or 50 percent of the final invoice,whichever Is the larger amount, but not to exceed $3,000,shall be withheld until after receipt by the State of a report satisfactory to the State. 12. Officials Not to Benefit No member of or delegate to Congress or the State Legislature shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. 13. Rights in Data a. Subject Data. As used In this clause, the term "Subject Data" means writings, sound recordings, pictorial reproductions, drawings, designs or graphic representations, procedural manuals, forms, diagrams, work flow charts, equipment descriptions, data files and data processing or computer programs, and works of any similar nature (whether or -5- 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. Federd Government and State Rights.Subject only to the provisions of c below,the Federal Government and State may use,duplicate,or disclose in any manner and for any purpose whatsoever, and have or permit others to do so, all Subject Data delivered under this contract. c. License to Copyrighted Data. In addition to the Federal Government and State rights as provided in b above, with respect to any subject data which may be copyrighted, the Contractor agrees to and does hereby grant to the Federal Government and State a royalty-free, nonexclusive, and irrevocable license throughout the world to use, duplicate, or dispose of such data in any manner for State or Federal Government purposes and to have or permit others to do so. Provided, however, that such license shall be only to the extent that the 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. 14. There is no provision 14 in this Exhibit A(S). 15. Clean Air and 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. The Contractor agrees under penalty of perjury (it, he, she) is not subject to a 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 $100A00 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. -6- Exhibit A(S) (3) To use his best efforts to comply with clean air standards and clean water standards at the facility in which the contract is being performed. The terms used in this paragraph have the following meanings: (a) The term 'clean air standards' means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, or prohibitions or other requirements which are contained in, issued under, or adopted pursuant to the Clean Air Act. (b) The term 'clean water standards' means any-enforceable limitation, control, condition, prohibition, standard, or other 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. (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 b(6), 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 Enterprises 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 Govemment Code,Section 14837. c. The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. As used in this contract, the term 'minority business enterprise' means a business concern (a) which is at least 51 percent owned by one or more minority group members or women, or in the case of a publicly owned business, at least 51 percent of the stock of which is owned by one or more minority group members or women; and (b) 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. 7- 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 sold 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. 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 unappeaiable finding of contempt of court by a federal court has been issued against -8- Exhibit A(S) a 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. Resolution of Direct Service Contract Disputes a. If 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.) 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. Financial and Compliance Audit of Nonprofit Entities (Applicable only if Contractor Is a 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 specked 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 mean '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 of 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 -9- section which exempts from Federal audit requirements any nonprofit institution receiving less than $251M 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 10366, the amendment shall be subject to the approval of the Department of General Services,unless otherwise exempted. 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. Factors outside the control of the Contractor shall not. include subcontractor's poor performance. The evaluation of the Contractor shall not be a public record. - 10- Exhibit A(S) i 26. Conflict of Interest—Current and Former State Employees a. Current State Officers and Employees (1) Contractor shall not utilize in the performance of this contract any state officer or employee in the state civil service or other appointed state official unless the employment, activity, or enterprise Is required as a condition of the officer or employee's regular state employment. Employee in the state civil service is defined to be any person legally holding a permanent or intermittent position in the state civil service. (2) If any state officer or employee is utilized or employed in the performance of this contract, Contractor shall first obtain written verification from the State that the employment, activity, or enterprise is required as a condition of the officer's, employee's, or official's regular state employment and shall keep said verification on file for three years after the termination of this contract. (3) Contractor may not accept occasional work from any currently employed state officer,employee,or official. (4) If Contractor accepts volunteer work from any currently employed state officer, employee,or official,Contractor may not reimburse,or otherwise pay or compensate, such person for expenses incurred, including, without 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 th term of this contract unless any relationship with the Contractor giving rise to a financial interest, as an employee or otherwise,is first terminated. (7) Occasional or one-time reimbursement of a state employee's travel expenses is not acceptable. (Citation: Public Contract Code Section 104 10) b. Former State Officers and Employees (1) Contractor shall not utilize in the performance of this contract any formerly employed person of any state agency or department that was employed under the state civil service, or otherwise appointed to serve in the state government, If that person was engaged in any negotiations,transactions, planning, arrangement,or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency or department. This prohibition shall apply for a two-year period beginning on the date the person left state employment. (2) Contractor shall not utilize within 12 months from the date of separation of services, a former employee of the contracting state agency or department if that former employee was employed in a policy making position in the same general subject area as the proposed contract within the 12-month period prior to the employee leaving state service. (Citation: Public Contract Code,Section 10411) - 11 - Exhibit A(S) c. Failure to Comply with Subparts(a)or(b) 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 nonsubstontive. (Citation: Public Contract Code,Section 10420) 27. Contractor Name Change Contractor shall provide a written notice to the State at least 30 days prior to any changes to the Contractor's current legal name. 28. Novation If the Contractor proposes any novation agreement, the State shall act upon the proposal within 60 days after receipt of the written proposal. The State may review and consider the proposal, consult and negotiate with the Contractor, and accept or reject all or part of the proposal. Acceptance or rejection may be made orally within the 60-day period, and confirmed in writing within five days. 29. 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. - 12- i DDPP Line Item Budget Exhibit B Contractor: County of Contra Costa Contract #: 94-19910 A. Personal Services (include position Approved & rate x time calculations) $ Amount 1. Public Health Program Specialist I ($4,351-4,620/Mo. X .10-.20 FTE X 12 Nos.) 7,303.00 2. Sr. Public Health Dental Assistant ($1,750-2,540/No. X .80 FTE X 12 Nos.) 16,800.00 3. Public Health Dental Assistant ($1,750-2,128/Mo. X .80-1.00 FTE X 12 Mos.) 17,300.00 4. Dental Health Facilitators ($7.31-8.50/Hr. X 2,300 Hrs.) 17,000.00 5. Benefits @ Actual 12,500.00 B. General Expense -0- C. Expendable Supplies 9,000.00 D. Printing & Duplicating -0- E. C Tniinications & Postage -0- F. Travel, Per Diem & Training 4,584.00 G. Contractual Services -0- 1. 2. H. Educational Materials -0- I. Rent & Utilities (500 sq. ft. x 1.10-1.20/sq. ft. x 12 mos. ) 7,000.00 J. Other (Specify) Indirect Cost 7,090.00 TOTAL EXPENDITURES $98,577.00 The salary rates indicated above are the maximum rates payable under this contract. However, if the rate actually paid is less than indicated herein, then the time base may be increased proportionately without amendment or prior approval. If full time equivalent or hourly rates are used, then the position may be billed for without regard to month or pay period. For example, a .50 FTE may be billed at 501 per month for 12 months or at 1001 for 6 months, etc. EXHIBIT C STATE OF CALIFORNIA DEPARZM= OF HEALTH SERVICES PRIOR TO JULY 1, 1994 LANG= (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 funds for the program, this contract shall be invalid and of no further force and effect. In this event, the State shall have no liablilty 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. V STATE OF CALIFORNIA ' NONDISCRIMINATION CLAUSE (OCP-1) ZTD.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 by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 2. This contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.