HomeMy WebLinkAboutMINUTES - 08081995 - C45 TO: BOARD OF SUPERVISORS
' t r 'Contra
FROM: Mark Finucane, Health Services Director
Costa
DATE: July 27, 1995 County
SUBJECT: Approve Standard Agreement #28-570 with the State Department of Health
Services
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 #28-570 (State #94-21052) with the State Department of
Health Services, effective October 1, 1994 through September 30, 1997, for the
Bicycle Head Injury Prevention Project. This Standard Agreement provides a maximum
reimbursable amount of $113,540 for the first year of a three-year project, not to
exceed a total of $357,935 during the term of the Agreement.
II. FINANCIAL IMPACT:
Approval of this agreement will result in a maximum reimbursable amount of $357,935
of State funding for the Bicycle Head Injury Prevention Project for the three-year
term of the contract. This agreement actually encumbers only $113,540 for the
1994-95 Fiscal Year ending September 30, 1995. Funding beyond this fiscal year is
contingent upon the availability of appropriated funds by the Legislature for the
purpose of this agreement. No County funding is required.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
The Bicycle Head Injury Prevention Project is a pilot study to determine the
efficacy of helmet distribution campaigns in conjunction with bicycle helmet
legislation as a means to reduce the instance of injury and fatality to bicyclists
due to head injury.
The goal of this project is to promote collaboration among local government
agencies, community groups and schools toward the control and prevention of bicycle-
related head injuries. The Department's staff is currently working at the local
level with the Pittsburg Healthy Cities Project, the Pittsburg Traffic Safety Cities
Project, John Muir Medical Center Injury Prevention Program, Pittsburg Police
Department, Pittsburg Leisure Services, and the Pittsburg Unified School District.
The Board Chair should sign eight copies of the Agreement. Seven signed copies of
the Agreement and three sealed/certified 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 ATTACHMENT: YES SIGNATURE: r_
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON Qa APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
Contact: Wendel Brunner, M.D. (313-6712)
CC: Health Services (Contracts) ATTESTED of iJ
State Dept. of Health Services Phil 133tchel , Clerk of the Board of
Supen+i�rs acid County Administrator
M382/7-83 BY DEPUTY
STATE Q"SAI.IFORNIA
STANDARD AGREEMENT- APPROVED BY THE -8 TN G,�s
coNTRACTNUMBER--'. -:::.
ATTORNEY GENERAL •-..ti:•..._ -^.s..{ 1r: AM:NO..
STD.z(REvset) 9421052
r TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NUMEE:
THIS AGREEMENT,made and entered into this 1St day of October lfi4 94-6000509
in the State of California,by and between State of California,through its duly elected or appointed,qualified and acting
TITLE OF OFFICER ACTING FOR STATE AGENCY
Chief Program Support Branch Department of Health Services . ,hereafter called the State,and
CONTRACTOR'S NAME
.k."
The County of Contra Costa 0 ,
I '� ,hereafter called the Contractor.
WITNESSETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expresse-.
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 Contractor shall conduct a Bicycle Head Injury Prevention Project by working
towards the achievement of the goals stated in Exhibit "A", "Project Workplan", and by
accomplishing the outcome and process objectives listed in Exhibit "A".
2. EXHTBITS/ATTACH 1ENTS:
The following exhibits are incorporated herein and made a part hereof by this
reference:
A. The attached Exhibit "A", entitled "Project Workplan", dated October 1, 1994, and
consisting of seven pages.
B. The attached Exhibit "A(F)", entitled "Additional Provisions (For Federally
Funded Subvention Aid/Local Assistance Cost Reimbursement
Contracts/Grants)", consisting of 27 pages.
CONTINUED ON 3 SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions on the reverse side hereof constitute a part of this agreementI;_"s :; .'.`. -:=='
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 Servic County of Contra Costa
BY(AUTYCRIZED GNATURE) 8 (AUT IZED SIGNA E)
D ,I-��� / Q�i7
PRINTED NA OF PE SIGN / P
N SIGTED NAJ9 AND TITLE OF PER96N SIGNING
E d lberg Chairperson, Board of Supervisors
TITLE ADDRESS
Chief, Program Su ort Branch 651 Pine Street, Martinez, California 94553
AMOUNT ENCUMBERED BY THIS PROGRAWCATEGORY(CODE AND TITLE) FUND TITLE —Bepa eneraLS,- ces
DocuMEN3,540 Clearing Account General use ly
$ POucr Buoy«
(oPT,oNAL USE) Federal Catalog No. 3.13
PRIOR AMOUNT ENCUMBERED FOR Local Assistance Contracts artrn-nil of G-neral S--rvices
THIS CONTRACT PPROVED
Q -0- ITEM CHAPTER STATUTE FISCAL YEAR
TOTALAy1YT� EACUMBEREDTO 4260-001-001 139 1994 94-95 SEP 8 1 95
DATE jj jl 4400 OBJECT OF EXPENDITURE(CODE AND TITLE)
$ 94-95273-9659-418-02-95273S-94
I hereby certify upon my own personal knowledge that budgeted funds T.B.A.NO. B.R.NO.
are available for the period and purpose of the expenditure stated above. v//�
SIGNATURE OFA UNTING OFFI R (� DATE 99Lt.Chief Counsel
> - O �! l� 7 7 AAA —
11 CONTRACTOR TATE AGENCY Q DEPT.OF GEN.SER. CONTROLLER
STATE OF CALIFORNIA
STANDARD AGREEMENT -• '
STD.2(REV.5-91) (REVERSE) '
1. The Contractor agrees to indemnify,defend and save harmless the State,its officers,agents and employees
from any and all claims and losses accruing or resulting to any and all contractors,subcontractors,
materialmen,laborers and any other person,firm or corporation furnishing or supplying work sere ices.
materials or supplies in connection with the performance of this,contract,and from any and allclaims 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 Sta-ie 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 of the State,this agreement is not assignable by Contractor either in whole
or in part.
5. Time is of the essence in this agreement.
5. 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.
9161014
The County of Contra Costa -2- 94-21052
C The attached Exhibit "B", entitled "Project Budget-Year 1," dated October 1,
1994, and consisting of one page.
D. The attached Exhibit "C", entitled "Project Budget-Year 2," dated October 1,
1994, and consisting of one page.
E. The attached Exhibit "D", entitled "Project Budget-Year 3," dated October 1,
1994, and consisting of one page.
F. The attached Exhibit "E", entitled "Nondiscrimination Clause", consisting of
one page.
3. A. Tenn of Contract
The term of this contract shall be October 1, 1994 through September 30, 1997,
subject to the provisions of subparagraphs 3. B. and 3. C. because the State has
currently appropriated and available for encumbrance only funds through
September 30, 1995.
B. Limitation of State Liability
(1) The maximum amount payable for the 1994-95 Fiscal Year, for the period
beginning October 1, 1994 and ending September 30, 1995, shall not
exceed $113,540. Any requirement of performance by the State and the
Contractor for the period of the contract subsequent to September 30,
1995, will be dependent upon the availability of future appropriations
by the Legislature for the purpose of this contract.
(2) If funds become available for purposes of this contract from future
appropriations by the Legislature, the maximum amount payable under
this contract in the 1995-96 Fiscal Year ending September 30, 1996, shall
not exceed $119,217.
I
(3) If funds become available for purposes of this contract from future
appropriations by the Legislature, the maximum amount payable under
this contract in the 1996-97 Fiscal Year ending September 30, 1997, shall
not exce-A $125,178.
(4) The maximum amount payable under this contract shall not exceed
$357,935.
C. Funding or Funding Reduction in Subsequent Fiscal Years
(1) Funds are presently not available for performance under this
agreement beyond September 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 September 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.
The County of Contra Costa -3- 94--21052
(2) 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:
a. Cancel this agreement pursuant to Paragraph 9, or
b. Offer a contract amendment to the Contractor to reflect the reduced
funding for this agreement.
(3) In the event the State elects option (2) b. 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.
(4) 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.
4. 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 triplicate, containing an original signature,
stating the time period covered, and stating the contract number, for actual
expenditures in accordance with one of the budgets attached hereto and shown
as Exhibit "B", Exhibit "C", or Exhibit "D".
The Contractor may make changes in any individual line item in the budget,
provided that such changes in the aggregate as to any line item shall not exceed
$10,000. The Contractor shall submit an explanation of the need for such excess
with the claim for reimbursement and to specifically identify the line item(s) to
be reduced in order to increase the excess item(s) and provided further that the
State reserves the right to deny any such claim for any excess reimbursement
on any item. It is further understood that in no event shall the maximum
amount payable under this agreement exceed the maximum amount specified in
Paragraph 3. B. (4) of this agreement.
Invoices are to be signed by an authorized official, employee, or agent of the
Contractor certifying that the expenditures reported are actual expenditures for
the period reported and for services agreed to herein and necessary in carrying
out the provisions of this contract.
Quarterly invoices should be submitted no later than 60 days after the end of
each quarter. Final invoices submitted more than 120 days after the end of the
fiscal year may not be honored by the State unless the Contractor has obtained
prior written approval for the extension of invoice submission. The State may
approve such an extension due to reasonable cause, including unresolved
disputes concerning the allowability of costs.
5. All reports, invoices, and other correspondence related to this agreement are to
be delivered to the Chief, State and Local Injury Control Section, 601 North 7th
Street, MS 725, P.O. Box 942732, Sacramento, CA 94234-7320.
1 �
The County of Contra Costa ` - - 9a,-21052
6. The Contractor agrees to designate a specific individual as Project Manager. The
Project Manager shall be responsible for ensuring the terms and conditions of
the contract are met. The Contractor will notify the State within five (5)
working days of a change in the status of the Project Manager. The State
reserves the right to approve any substitute Project Manager.
7. Barbara Alberson, Chief, State and Local Injury Control Section, is designated as
the State's Project Coordinator. The State may at any time designate a substitute
Project Coordinator.
8. The Contractor shall submit a progress report in writing at least quarterly to the
Project Coordinator. Said progress report shall include, but not be limited to, a
statement that the Contractor is or is not on schedule, any pertinent reports or
interim findings, and an opportunity to discuss any difficulties or special
problems so that remedies can .be developed as soon as possible. In lieu of a
written report, the Contractor and Project Coordinator may meet and discuss the
above matters in person. In either case, the written reports or meetings must be
consummated within 30 days following the end of each report period.
9. This contract may be canceled at any time by either party, upon 30 days written
notice to the other party.
10. No equipment shall be purchased by the Contractor for the performance of this
contract except those line items approved by the State and incorporated into this
agreement. Prior authorization in writing . will be required before the
Contractor will be reimbursed for any purchase order or invoice for equipment
in excess of $500. State property shall be used only for the performance of this
contract. All equipment, material, supplies, or property of any kind purchased
from funds 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
and Paragraph 5 of Exhibit "A(F)".
11. The Contractor shall acknowledge, in the following manner, the support of the
State whenever any findings, data, and materials delivered pursuant to this
contract are used in any publications: "This material is based upon work
supported by the State of California, Department of Health Services, State and
Local Injury Control Section, under Contract Number 94-21052."
12. The Contractor agrees to cooperate with the State by participating in meetings
and site visits as the State or its designee may deem necessary for the
monitoring and evaluation of the Contractor's performance. In these
circumstances, State staff or designee will be given access to all data, working
papers, facilities, etc., which may be utilized in the performance of requested
services.
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SUIT OF GUF400"
DEPARTMENT OF HEALTH SERVICES
ADDITIONAL P'RO'VISIONS
(FOR FEDERALLY FUNDED SUBVENTION AIDALOCAL ASSISTANCE
COST REIMBURSEMENT CONTRACTS/GRANTS)
1. Eaual Opportunity 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 wIN 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, natlonal 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 billsbiicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualg9ed applicants wig 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 ail 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
Secretory of Labor for purposes of Investigation to ascertain compliance with such
rules,regulations and orders,
coat raftoft a ba rn Na 02 0 INq
k
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 low.
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 Migation to protect the interests of the State and of the United States.
2. ?revel end r.r��
Any reimbursement for necessary traveling and per diem shop 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 CaNtornio sholl be reimbursed
unless prior written authorisation Is obtaloed from the State.
3.
a. Prior authorization In wrltlnp by the State will be required before the Contractor wql be
reimbursed for any purchase order or subcontract exceeding $2,500 for any articles.
suppler. equipmertt, or services or for any fee, or other payment, for consultation of
three hundred fifty doNors ($350) or more per day. The Contractor must provide In Its
request for authorization al 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 sold artichm supplles. equipment, services, or for consultant fees
exceedMg such n**msm amount, three competitive quotations must be submitted
with the request, or the absence of bidding must be adequately Wifled.
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
specMed In paragraph 7 below.
c. The terms 'purchase order' and 'aubconf act' as used In the above paragraph 30
only, excludes: (a) purchase orders not exceeding $2.500, and (b) subcontracts or
purchase orders for pubic uti;ft services at rates established for uniform applicability
to the general pubic.
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4.
The Contractor agrees that the performance of work and services pursuant to the
requirements of this contract shall confirm to high professional standards.
5.
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 Une Item in the budget or in any other paragraph of this
contract.exceeds$10=1 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. Find dispost»or►of such equipment shall be at state
expense in accordance with Instructions from the State to be issued
knmediately after receipt of the final Inventory.
(3) Motor Vehicles
(a) .If, under the provisions of paragraph (2) above. any port of such property is
motor vehicles, the Stade Office of Procurement shall purchase said motor
vehicles for and an behalf of the Contractor: The provisions of clause (5b)
below are applbable 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 authorlss the Contractor to use said
motor vehicles under the terms aid conditions of this contract for purposes
of this contract only, and in accordance with the provisions of
wbperogrOphs(c)through (f) below.
(a) It Is mutually►understood that the State of Cattfornio shall be the legal owner
of said vehicles and the Contractor shill be the registered owner
(c0 Upon oakum of such motor vehicles to the State. Contractor shall deliver to
State all necessary documents of title to enable proper transfer of
marketoble titleto the State.
(e) Contractor agrees that all operators of motor vehicles listed in said
agreement shall hold a void State of California drivers license. In the event
12 or more passengers are to be corrled In any one vehicle listed in said
agreement.a Clow 2 drivers license will also be required.
M Contractor shall fr~ to the State a certificate of Insurance stating that
there Is Ilablity Inwronce presently In effect for the Contractor of not less
than S5M=per occurrence for badly h)ury and property damage liability
combined.
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The certificate of Insurance must Include provisions m and M,stating'mat:,.
(i) The Insurer will not cancel the Insured's coverage without 30 days prior
written notice to the State.
(9) 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 badly Injury liability insurance herein provided
for shall be in effect at ail times during the term of this contract. In the event
said Insurance coverage expires at any thne 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 leas 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 worts or services shall be
performed prior to the giving of such approval. In the event Contractor falls
to keep In effect at all times Insurance coverage as herein provided, State
may, in addition to any other remedies It may have,terminate this contract
upon the occurrence of such event.
b. If the Equipment We Item budget In this contract Is S 10400 or more, the State shoo
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 lit 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 Contractors 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 fkture or lose Its Identity as personality by
reason of affixation to any realty.
tZ 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
rehaboltatbn of the Contractors 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
preservatlon of state property so to assure Its full availability and usefulness for the
p•rfomwtice of this contract. The Contractor shall take oro 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 subunit paid vendor receipts identifying
the purchase price, description of the Item, serial number, model number, and
location where equipment wi be used during the tern of this agreement. Said paid
receipts will be attached to Controctors invoices submitted to the State.
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6, Jncome Qe �flen�
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. FYaminabon of Accounts_ Audit_ f Bards end Subcontract Lanai aa_e
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'recorde for the purpose of this clause.
b. The Contractor's facility or Ottice or such part thereof as may be engaged In the
performance of this contract and his records shall be subject at all reasonable times
to Inspection, audit, and reproduction by the State or any of Its duly authorized
representatives. Including the Comptroller General of the United States.
c. The Contractor shall preserve and make available his records (1) for a period of three
years from the date of final payment under this contract, and (II) for such longer
period, n 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 shoo 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 ah Issues which arise
from it, or unto 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 (Conhwfor'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
subcontfactor or vendo0 related to this(purchase order or subcontract).`
8, Covenant Against ConfinQeM Fees
The Contractor warrants that no person or selling agency has been employed or retained
to solicit or secure this contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona 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 shoo have the right
to annul this contract without WbWty 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.
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9. laid
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 wM not unduly delay the work.
10. Nand1wriminaflan In isnrleas_ ■wnsflts_ anal Fee11mas
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 service= 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 wO be resolved by the State
through the Department of Health Services' Affirmative Action/Discrimination
Compilorn P,oses.
e. The Conhactor shat, subject to the approval of the Department of Health Services.
oil ON, 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 physicaNy 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
nondlscriminalbn requirements pursuant to 45 Code of Federal regulations, Parts 80,
84, and 90. Sections 80.6, 84.61, and 90.42.
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11. Rnel Invoice.—Anel-R& atentlan of Fienets
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 atter receipt by the State Of a report satisfactory to the State.
12. 9MIciels 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. Rleht:inn Dere
a. Subject Dab. 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 GOvenrrnent and Stote Rights. Subject only to the provisions of V below, the
Federal Government and State may use, duplicate, or dbclose 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 Copyrlghted 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 shah be only to the extent that Contractor now
hos, or prior to completion or final settlement of this contract may acquire, the right to
grant such incense without becoming Noble to pay compensation to others solely
because of such grant.
d. Relat/on 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 Identftatlon. 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 shag have the right at any time to mocift 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 some 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.
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g. Deferred Ordering and Dellvery of Data. The Federal Government or State shall have
the right to Order, at any time during the performance Of this contract, or within two
years from either acceptance of all Items (other than data) to be delivered under this
contractor termination of this contract, whichever is later, any Subject Data and any
data not called for In the schedule of this contract but generated In performance of
the contract, and the Contractor shall promptly prepare and deliver such data as is
Ordered. If the principal Investigator is no longer associated with the Contractor, the
Contractor shall exercise its best efforts to prepare and deliver such data as is ordered.
The Federal Government's or State's right to use data delivered pursuant to this
paragraph (g) shall be the some as the rights In Subject Data as provided In 'b'
above. The Contractor shall be relieved of obligation to furnish data pertaining to an
Item obtained from a subcontractor upon the expiration of two years from the date
he accepts such items. When data, other than Subject Data, is delivered pursuant 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. Disnblad Vatarans and Vatarens of tha Vlah�err Ere
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 afflrrnative action to employ, advance In
employment, and otherwise treat qualified disabled veterans and veterans of the
Vietnam era without discrimination based upon their disabUlty Of veterans status In all
employment practices such as the following: employment upgrading, demotion or
transfer, recruitment, adverti", layoff or termination, rates Of pay or other forms of
compensation, and selection for training, including apprenticeship.
b. The Contractor agrees that al 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 occu" at an establishment of the Contractor other than the one
wherein the contract Is being performed but excluding those of Independently
operated cofporate affiliate:,shoo 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 hlfes as may be requked.
State and local govefnment agencies holding federal contracts of $10.000 of 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 shoo be made at least concurrently with the use of any other recruitment
source or effort and shop involve the normal obligations which attach to the placing
of bona fide job order, including the acceptance of referrals of veterans and
nonveterons. The listing of employment openings does not require the hiring of any
particular job applicant or from any particular group Of job appocants, and nothing
herein is intended to relieve the Contractor from any.requirements In Executive Orders
or regukMns regarding nondiscrlrrdnation In emplOyment.
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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 atter 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-unlon arrangement
for that opening.
IN. As used In this clause:
(1) 'AM suflable 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 nonsupervlsory; technical and
executive, administrative, and professional openings that are compensated on a
salary bask of less than $25.000 per year. This term includes full-tkne employment,
temporary employment of more than three days' duration, and part-time
employment. It does not include openings which the Contractor proposes to flfi
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 fisting would be contrary to national security, or
where the requirement of fisting would Otherwise not be for the best Interest of
the Federal Government.
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(Z) *Appropriate office Of the state employment service system' means the local
office of the federal/state national system of public employment offices with
assigned responsibility for serving the area where the employment opening is to
be filled, Including the District of Columbia. Guam, Puerto Rico, and the
Virgin Islands.
(3) 'Openings which the Contractor proposes to fill from within his own organization'
means employment openings for which no consideration will be given to persons
outside the Contractors 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.
I. The Contractor agrees to comply with the rules, regulations, and relevant orders of the
Federal Secretary of labor Issued pursuant to the Act.
J. . In the event of the Contractors 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 shag state the Contractor's obligation
under the law to take affirmative action to employ and advance In employment
Qualified disabled veterans and veterans of the Vletnorn 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 cobective bargaining agreement or other contract understanding that the
Contractor b 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 quallfled 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 mote unless exempted by rules. regukl ons, or orders of
the Federal Secretary of labor Issued pursuant to the Act, so that such provisions we
be WON 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.
a. (Applicable only If the contract Is not with a sole source vendor of products or
services. or It 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 Hoard or an alt pokMon district.
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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 fihally 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
fisting.
(3) To use his best efforts to comply with Clean air standards and clean water
standards at the foclaty 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 Alt 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
regula Ionsimisd pursuant thereto.
(c) In addition to compliance with Clean air and water standards. the term
compliance shag 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 shag 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 gated on the EPA List of Violating Facilities. Prompt
notttication shag be required prior to contract award.
.11.
(5) To report violations to the State and to the Assistant Administrator for
Enforcement.
(6) To Insert the substance Of the provisions of paragraph (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. Utilisation 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 shalt 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 eff dent contract performance. As used In this
contract, the term'minority business enterprise' moons 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, Aslan. Hispanic, Filipino.
Polynesian, American Indian, or Alaskan Native. 'Control,•as used In this clause, means
exercising the power to make policy decisions.
d. Contractors acting In good faith may rely on written representations by their
subcontractors regarding their status as minority business enterprises In lieu of an
Independent investigation.
17. app
If Printing or other reproduction work of more then 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 PM ilso may, at his sole optbn, elect to forego sold 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 wIM be deducted
from Bald contract amount. This requirement does not apply to normal In-house copying
necessary for routine business matters of the Contractor.
18. Prier�dereveI of TmininQ S�refnen_Werlcshees_ er Cenfwnne��
Contractor shat obtain print state approval over the locaftm coft dates, agenda. Instructors.
hoructbnal 11 X310k>ii.and aMenQee6 at Qtly 16iT xnable tra"w,i workshop or caftwce,
and over any mftbuJsaM publicity or educallonai materials to be made ovalable for distrbution.
The Contractor shall acknowledge the support of the State whenever publicizing the work under the
conlracl inany media. This parogiaph does not apply to necem ary staff meeflrps io conduct loullne
business rt931ters.
.12.
1~•(F)
Q.
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 as 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 the
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.
(not applicable If Contractor is a pubic entity.)
Contractor, by signing thls agreement, does swear under penalty of penury 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.
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,k the total cost for work by nonemployees of the State exceeds$5.,000.
22.
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, Tate 22. of the Casfomia 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 53 047,Title 22.California Code of Regulations.
23.' Flnancfcd and Comalknes Audit
(Applicable only If Contractor is a private,nonproM 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 shay 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 'Federar 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 shah 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 leas than S25DW 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 mgUkwnent toles precedence over the OMB A-133
section which exempts from Federal audit requirements any nonprofit institution
receiving leas than S25DW 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 Contractors 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 IrnBa the State's responsbBfy or auWxxtty to enforce State law or
regufarions.procedures.or reporting requirements arising pursuant thereto.
L Nothing In this paragraph Nmlts the authority of the State to make audits of this contract,
provided however, that If Independent audits arranged for by Contractor meet
generaN accepted governmental auditing standards. the State shall rely on those
audits and any additional audit work shall bulli upon the work already done.
J. The Stab 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 of State and Federal requirements
for a single organization wide audit.
24.
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 aA*d to the approval of the Department of General
Services,union otherwise exempted.
-14-
E~A(F)
b. If any amendment to this contract has the effect Of increasing the monetary amount
of the contract or an agreement by the State to Indemnify or save harmless the
Contractor, his agents or employees, the amendment shall be approved by the
Department of General Services, unless otherwise exempted.
25. Fv luafi n of Cantraetars
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 ail 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. Gonfliet of Interest—Currgmt and Former State Fmelevws
a. Current State Officers and Employees
(1) Contractor shop 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 utozed 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% or offlcblt regular state employment and shag keep sold verification
on file for three years after the termination of this contract.
(3) Contractor may not accept occasional work from any currently employed state
officer,employee, or official.
(4) K 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 anal 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
rite to a financial Interest, as an employee or otherwise, Is first terminated.
-15-
(7) Occaslonal or one-tine 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.cM service, or otherwise appointed to serve in the State Government, N
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 N
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: Puble Contract Code.Section 10411)
c. Failure to Comply with Subparts'a'or OW
(1) N Contractor violates any provision Of Subparts "a' or W above, such action by
Contractor shah render this contract void, ti*+kM tho Hinintinn is to -hni _ l nr
OGOfWd9902 .
(Citation: Pub1c Contract Code,Section 10420)
27. at of 12M(applicable only If Contractor Is a governmental entity)
In accordance with Pubic Law 98-M and OMB Circular A-128, It Is stipulated between the
parties hereto that:
a. The cost of the single audit will be charged to the federal assistance program
providing funds for this agreement on a 'Fair Share' basis. The amount chargeable to
federal assistance programs for the cost Of the single audit Is calculated based on the
raft of federal expenditures to total expenditures of the Contractor. The State's share
of the single audit cost under this contract is bored upon the ratio of federal funds
received under this agreement to total federal fundii received by the Contractor
each fiscal year.
b. The Contractor shop 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 shop have 'expanded scope auditing' authority to conduct
specific program audits during the some 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 hos been corroleted.
.16-
' . Uft A(n
The term 'expanded scope auditing' 1s applied and defined in the U.S. General
Accounting Office (GAO) issued Standards flor Audt of Governmental Organizations,
A109POms.Activities and Functions,better known as the 'yellow book.'
28.
Contractor shall provide written notice to the State at least 30 days prior to any changes to
the Contractors current legal name.
29. MomM
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 I will provide a drug-free workplace by doing au of
the following:
a. Publishing a statement notifying employees that the unlawful manufacture,
dlstrbutbn, dispensatlon, possesslon. or use of a controlled substance is prohibited In
the person's or organtation's workplace and specifying the actions that will be taken
against employees for violations of the prohbltlon.
b. Establishing a drug-free awareness program to kmform employees about all of the
following:
(1) The dangers of drug abuse In the workplace.
(Z) The person's or organtrotion's policy of maintoining a drug-free workplace.
(3) Any available drug counseling, rehabilitation, and employee assistance
programs.
(4) The penalties that may be htpoted upon employees for drug abuse violations.
c. Requiring that each ertmployee engaged In the perfarrimance of the contract or grant
be gNen a copy of the statement required by subdvtsiton(a)and that.as a condition
of ernployrnent an the cont act 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
ternminatbn of this coi hoc.^t.or bath.and the contractor may be aubj d to debarment.
h axadance with the requhements of the Government Code Section M.et seq.,if
the Department determines that any of the following has occurred:
(1) The contractor or grantee has made a false ca 11RA tkxm.
(Z) The contractor violates the certification by failing to carry out the requirements of
subdMslons(a)1tttwo(c)above.
-17-
r
31. ,
Contractor agrees to Comply with the debarment and suspension requirements as found in
7 Code of Federal Regulations,Part 3017,or as amended.
32. UMffATIONS ON PAYMENTS TO INELUU=
QE72TAIN FEDE ♦L ACTIONS ANp E ATED DNC=gES
(a) DeflNtions. 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 context,grant.loan.or cooperatMe 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 QbW organization' have the meaning provided In section 4 of the
Indian Self-Determination and Education Assistance Act (25 U.S.C. 4506). Alaskan
Natives are included under the definitions of Indian tribes in the Act.
'Influencing or attempting to Influence' means making, with the Intent to influence,
any communication to or appearance before an officer or employee of any agency,
a Member of Congress, an officer or employee of CcxVress, 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 organisation. and any other
Wrumentaaty of a local government.
'Officer or employee of an agency° Includes the following Individuals who are
employed by an agency:
(1) An indlvldual who Is appointed to a poWon In the Government under title 5,
U.I Code.kx*jc hg a position under a temporory 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 indvidual who Is a member of a Federal advisory committee, as defined by
the Federal Advisory Committee Act.title 5,U.S. Code,Appendkc 2.
-ld-
'Person' means an individual, corporation, company, association; outhority, firm,
partnership, society, State, and local government, regardless of whether such entity is
operated for profit or not for profit. This term excludes on 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 gonizatlon, 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
requWN or receiving a Federal contract. on 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 regularty
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 mum-State, regional, or Interstate entity
having gone amental dude`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
oMcer or employee of Congress. or on 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 cooperalMe agreement. and the extension.
continuation, renewal, amendment, or modification of any Federal contract,
grant,loan,or cooperame agreement.
(2) The prohibition does not apply as falloiws:
(D Agency cnd 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 on oMcer or employee of a person requesting or receiving a
Federal contract N the payment is for agency and legislative liaison
acttvtttes not directly related to a covered Federal action.
-19-
(13) For purposes of paragraph (b)(2)(1)(A), providing any information
spectficaliy 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 legislotive k*on activities are allowable at any time only
where they are not related to a specific solicitation for any covered
Federal action:
(1) Discussing with any agency (including individual demonstrations)
the qualities and characteristics of the person's products or
services,conditions or terms of sate,and service capabilities. and,
(� 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 (bX2Xf)(A) of this section, the following
agency and legislative poison activities ore apowable only where they
are prior to formal sok*aW of any covered Federal action:
(1) Providing any information not speclftccdv requested but necessary
for on agency to mdse an Informed decision about initiation of a
covered Federd action:
(I) Technical discussions regarding the preparation of an unsoicited
proposd prior to Its official wbrntsskx , and.
(Ili) Capablitty presentations by persons seeking awards from an
agency pursuant to the provisions of the Smap Business Act. as
amended by Public Low 95-507 and other subsequent
amendments.
(FJ Only those octivities expressly outhort=ed by paragraph (b)(2)(i) ore
allowable under paragraph(bX M.
(1) Professional and technical services by Own Employees.
(/U The prohibition on the use of opproprbted funds, In paragraph (b)(1),
does not apply in the case of any reasonable payment of reasonable
oomperdation matte to on officer or employee of a person requesting
or r mWV a Federal mdract or on extension, c oralk wation. renewal,
amendment, or modification of a Federal contract If payment is for
professional or technk al services rendered directly In the preparation,
submission or negotiation of any bid. proposal. or appication for that
Federal contract or for meet V requirements imposed by or pursuant
to k:w as a condition for receiving that Federal contract.
-20-
(B) For purposes of'parograph (b)(2)(il)(A), 'professional and technical
services' shall be limited to advice on 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)(2XII) are
allowoble under paragraph(bXZ KI).
(ip Repoi f ng for Own Employee`.
No reporting Is required with respect to payments of reasonable
compensation made to regularly employed officers or employees of a
pOMM
(M Protessional and technical services by Other than Own Employees.
(A) The prohibition on the use of approprlaled funds. in paragraph (M),
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 negotiatlon
of any bid. proposal. or application for that Federal contract or for
meeting requirements Imposed by or pu x3nt to law as a condition for
receiving that Federal contract.
-21.
(8) For purposes of paragraph (b)(2)(iv)(A), professional and technical
services* shad be limited to advice and analysis directly applying any
Professional Or technical discipline. For example, drafting of a legal
document accompanying a bid or proposal by a lawyer is allowable.
Similarly, technical advice provided by an engineer on the
Performance Or operational capability of a piece of equipment
rendered directly in the negotiation of a contract is allowable.
However, communications with the intent to influence made by a
professional (such as a licensed lawyer) or a technical person (such as
a licensed accountant)are not Towable 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 Mience made by a krwyer that do not provide legal advice
or analy>gs 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. SOmikxiy,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 octk %
(C) Requirements imposed by or pursuant to low as a condition for
receiving a covered Federal award Wx*jde those required by law or
regulation,or reasonably expected to be required by low 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
associaflons.
(E) Only those services expressly authorized by porogroph (b)(2XN) of this
section are allowable under paragraph(bX2XIv).
(v) The prohbltlon 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) Cemflo~and De **".
(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 $11 00,OM at any tier,shall fife a certification (in the form set
forth In Attachment 1. consisting of one page. entitled °Certificcation Regarding
Lobbing') that the recipient has not made, and will not make, any payment
prohk*ed by paragraph(b)of this Exhibit.
-22-
t ,
(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
A&Mties') N 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)(Z). An event that materially affects the
accuracy of the Information reported Includes:
(D A cumulative Increase of S25A00 or more In the amount paid or expected
to be paid for Influencing or attempting to influence a covered Federal
action: or
(11) A change in the person(s) or indMdual(s) influencing or attempting to
influence a covered Federal action:or.
(1117 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 subgront
exceeding $100,000 at any tier under a contract or grant shall file a certification,
and a disclosure forth,if required,to the next tier above.
(5) All disclosure fortes(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
shdl 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 submttting on 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 on expendtue prohibited under paragraph (b) of the
Exhibit shat be subject to a civil perWy of not less than S 10,000 and not more
than S 100,000 for each such expendRure.
(Z) Any person who falls to fie or amend the disclosure form to be filed or amended
if required by this Exhibit.shill be subject to a dW penalty of not less thon $10,000
and not more than S 100,000 for each such faNure.
(3) Recipients may rely without liability on the representations mode by their
subcontractors or subgrontees In the certification and disclosure forth.
(f) Cost allowability. Nothing in this Exhibit is to be interpreted to make oikowoble or
reasonable any costs which would be undiowobie or unreasonable In accordance
with Part 31 of the Federal Acquisition Regulation. Conversely,costs made specifically
unallowable by the requkements In this Exhibit will not be made allowable under any
of the provisions of Part 31 of the Federal Acqufsitlon Regulation.
-23-
Aftcichment 1
UM OF CALIFORNIA
DEPARTMENT OF HEALTH SERVICES
CERTIFICATION REGARDING LOBBYING
The undersigned certifies,to the best of his or her Imowledge 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 Goverrxnent, 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.
C2) 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 ail sbawards at aU tk n pnciuding sbcontrocton,sbgrants,and contracts under grants
and cooperative agreements) of $1004W or more. and that a1 sbreciplents shah cerftfy and disclose
accordingly.
This certification Is a material representation of flack upon which reliance was placed when this transaction
was made or entered Into. Submission of this codification Is a prerequblte for maWg 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&A oct to a civil penalty of not loss than$10400 and not more than S100DW for each
such idlure.
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CAW6j0CL#QjWMw M 4d�w M1lM�enl��f0►oa�o�.7w
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After.exec~by or on Behalf of Contractor.phase return to:
Dept ,w d at Hearth SNVIOM
(Name of the DHS pw9m, praMdnp the OxxW
P.O.Bart 942732
714 P Street'
Socia , enlo.CA 94234-73 0
Cho 1900AW"aa.s%ue aclam -24-
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Attachment 2
DISCLOSURE OF LOBBYING ACTIVITIES *40
Cornpieto fhb hxm to d K*M bbbWg oc*Aw Pm"%t to 31 U.S.C. 1352
(See WOO for publle burden dbdoeize)
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
❑ a. contract ❑ a. bid/ofter/appHca lon ❑ a. Mal fling
b. grant b. Mal award b. material change
c. cooperative agreement C. post-award For Material Change Only.
d. loan
e. loan guarantee Year quarter
f. loan Inurance data of last report
4. Name and Address of ROPOMV EMtty: S. If Repos"EMM'►In No.4 is Subawardee.Enter Name
and Address of Al
❑ Prune ❑ &bawardee
Fier .K known:
Congreggional District.It known: District.K
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number.If applicable:
8. Federal Action Number.If known: V. Award Amount.If known:
10. a. Name and Address of Lobbying EMMy b. Name and Address of LobbyUtg Entity
qr hdvidud.last name.hit name.MO: (if hdvldud.last roma.hst name.W:
(attach ConhtuOMon Sheens)3H tI-A.M necessary)
11. Amount of Payment(check ON that apply): 13. We of P0VnVW t(check ON that apply):
S ❑ actual ❑ planned ❑ a. retainer
12. Form of Payment(check ON that apply): ❑ b. one-tine toss
❑ c. comrromian
❑ a. cam ❑ d contingent fee
❑ b. wt".g)*W. Nature
O e. dsAerred
Value ❑ f. other.wow
14. Brief Description of Services Pertbmwd or to be Parkaned and DataW of Service.ftk cing OfMcer(s).Employee(s)
or Members)Contacted.for Pbyrrw*hdcated In Item 11:
(Attach CantiKratbr Sheens)SF-ULA.It necessary)
15. COrtiMfl xMm Vwwl(l)3RU-A Attached ❑ Yes ❑ No
16. intoem~m*Am ad though this forret k anlhorMed by T11fe 31,
U.S.C..Section 1352. This dbetaIL"of lcbbyle activMtes is a
material representation of fact upon which soft 9 was te
placed by the tier above when fhb trorls=Ila was mode of
entered W to. 7ft dsclosue is reg AW pusuont to Ift 31. ras+f l mm
U.S.C..Section 1332. fhb Mft 1=110 will be reonAeA to the
Congress semiannually anal wW be available for pubMe tsss
hspeclim Any person who tab to ire to wquind dbcbww
shah be subject to o cWl pwv*y d not Mss than SW=and
not mese than Slt> =for each such tatlsa.
Auit+orbed for taoal Qspioductlon
sa,avd ran,-ui
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'INSTRUCTIONS FOR COMPLEnON OF SF-LLL, D=LOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether skbawardee or prime Federal recipient. Qt the
initiation or receipt of a covered Federal action, or a material change to a prwdous filing. pursuant to Title 31. u.S.c..
Section 1352. The flap of a torn Is required for each payment or opreement to make payment to any lobbying entity for
influencing or attemptkip to Influence an officer or employee of any agency. a Member of congress. an officer or
employe9 of conpes.ar an employee of a Member of Congress In cannectlon with a covered Federal actior-L use the
SF-LLL-A Contvwc"an Sheet far addmonal Information If the space on the form Is Inadequate.. Complete all items that
apply for both the hlfiol fWV and rrxnend 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 which lobbying acflvlty 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. Identify the appropriate ckmlficatlon of this report. If this is a follow up report caused by a material change to the
Information prevW L*reported.enter the year and Quarter in which the change occurred. Enter the acre of the Iasi
ptemrbusly skbmlted report by fhb reporting enrlity for this covered Federal.Acton
4. Enter the full name.address.City.state and zip code of the reporting erttlty. WX*A*Canpemiond District,if known
Check the appropriate clossificatlan of the reporting entity that designates if It Is, or expects to be. a prime or
subaward recipient. Identify the tier of the subawardee, wg.. the first subawardee of the prime Is the 1st tier.
Subawards Mx*Ao but Ciro not"od to subcontracts.subgrantii and contract crwardt under grants.
S. if the orgaidwilan fling the report in Item 4 checks'Slbawardee:then enter the furs name.address.city,state and zip
code of the ptkre Federal rocllplent. Include Conpresoiond District.B known
6. Enter the name of the Federal agency nicklnp the award or loan commItrrent. Include at least one orgaraotlond
level below agency name.If known For example.Department of Transportatian.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 Aobtance (CFDA) number for grants, cooperative agreements, loans.and loan
S. Enter the most appropriate Federal Identifying number available for the Federal action identified In Item 1
(e.g..Request for Proppd (RFP) number. invitation for Bid(IFB)number. pant<nnokncement rxnnber. the contract.
grant. or loan award number. the appYeaftVpropasd cordal number anile " by the Federal agency). include
prefixes.e.g.Irp-DE-90 1
9. For a covered Federal oclkx where there has been an award or loan cam. w-m by tho Federal agency.enter the
Federal amount of the award/loan eanmtmetmt tar the piktme entity Identilfled inItem 4 ar 5.
10. (a) Enter the full name. address. city,state and zip code of the lobbying ertltty engaged by the reproting entity
Identified In Item 4 to Influence the covered Federal action
(b) Enter the full names of the tmdviduob)perfommli services.and kmciude U address If different from 10.(a). Enter
fast name.first name.and n*kft Il 1s (M0.
11. Enter the amount of canpawilon paid or reasonobfy expected to be'paid by the reporting entity (Item 4)to the
lobbying ent"(Item 10). Ndicate whether the payment has been trmadi(actual)or will be mode(panned). Check
all boxes that apply. If this 6 a material change report.enter the cumulative amount of payMW#made or planned to
be made.
12. Check the gmpnoprbfe bax(eW. Cheek ON boxes that apply. K payment is made through an h4dnd contribution.
specify the mature and value of the krieind payment.
13. Check the appropriate bo k(es). Cheek all bax(es)that apply. If other.specify nature.
14. Provide a specNk and de+taNd descrlplion of the services that the Wbbylst has performed. or will be expected to
perform.and the dateW of any services tendered include oil preparatory and related oetMty.not just time spent in
actual contact with Federal officials. Identify the Federal off(dd(s) or empoyee(s) contacted or the officer(s).
empoyee(s),or Mermber(s)of congress that wen contacted.
15. Check wether or not a V4 LL-A contkxiatlan 9eet(s)is attached.
16. The certt"official shallsign and date"form.print his/her nal, Aft.and telephone number.
Public reporthi;burden for this colloctlan of lnfar xMw Is o0lr,ats>d to average 30 mbxites per response.
Including rine fa reviewing Instructions,searcWq etsitmp data sources.pothering and maWft* rmg the
data needed.and completing aid reviewing the colectieon of InWall,mofiori. Send comments regarding
the burden es timate at any other aspect of thls collection of Infannatlon.indLoMV suggesfions for
reducing this burden.to the Oft* of Marmonont and Budget. Paperwork Reduction Project
(0348.0016).Woshinpton.D.C..3A6OS.
-2&
1
DISCLOSURE OF LOBBYING ACWMES
COMMUMON SHEET
Appmhood bvCA
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The . County of Contra Costa Contract 'No. 94-21052
October 1,- 1994
EXHIBIT "B"
PROJECT BUDGET-YEAR 1
October 1, 1994-September 30, 1995
Personnel Expenses
Total
Monthly Percent No. of Budget
Positions Salary Range Time Months Amount
Public Health Program Specialist $3,620-$4,420 5% - 6% 12 $2,850
Health Education Specialist $2,460-$2,989 100% 12 $30,000
Program Administrator $2,940-$3,600 10% 12 $4,000
Senior Clerk $2;06542,630 25% 12 $7,250
Student Intern $6-$8/hour 35% 12 $5,500
Public Information Specialist $1,529-$2,906 10% 12 $2.800
Total Salaries & Wages $52,400
Fringe Benefits (10% - 31%) $14,571
Total Personnel Expenses $66,971
Operating Expenses
General Expenses $2,300
Communications $500
Duplicating/Printing $417
Travel $1,500
Consultation $0
Office Furniture $1,500
Computer/Software $3,000
Helmets/Incentives $25,000
Total Operating Expenses $34,217
Total Direct Costs $101,188
Indirect Costs ($6400/FTE) $12,352
TOTAL COSTS $113,540
r
The County of Contra Costa Contract No.' 94-21052
• October 1, 1994
EXHIBIT "C"
PROJECT BUDGET-YEAR 2
October 1, 1995-September 30, 1996
Personnel Expenses
Total
Monthly Percent No. of Budget
Positions Salary Range Time Months Amount
Public Health Program Specialist $3,620-$4,420 5% - 6% 12 $2,993
Health Education Specialist $2,460-$2,989 100% 12 $31,500
Program Administrator $2,940-$3,600 10% 12 $4,200
Senior Clerk $2,065-$2,630 25% 12 $7,613
Student Intern $6-$8/hour 35% 12 $6,000
Public Information Specialist $1,529-$2,906 10% 12 $2,940
Total Salaries & Wages $55,246
Fringe Benefits (10% - 31%) $15,324
Total Personnel Expenses $70,570
Operating Expenses
General Expenses $4,000
Communications $795
Duplicating/Printing $1,000
Travel $2,000
Consultation $1,500
Office Furniture $0
Computer/Software $750
Helmets/Incentives $26,250
Total Operating Expenses $36.295
Total Direct Costs $106,865
Indirect Costs ($6400/FTE) $12,352
TOTAL COSTS $119,217
The ,County of Contra Costa A Contract No. 94-21052
October 1, 1994
EXHIBIT "D"
PROJECT BUDGET-YEAR 3
October 1, 1996-September 30, 1997
Personnel Expenses
Total
Monthly Percent No. of Budget
Positions Salary Range Time Months Amount
Public Health Program Specialist $3,620-$4,420 5% - 6% 12 $3,142
Health Education Specialist $2,460-$2,989 100% 12 $33,075
Program Administrator $2,940-$3,600 10% 12 $4,410
Senior Clerk $2,065-$2,630 25% 12 $7,993
Student Intern $6-$8/hour 35% 12 $6,300
Public Information Specialist $1,529-$2,906 10% 12 $3,087
Total Salaries & Wages $58,007
Fringe Benefits (10% - 31%) $16.090
Total Personnel Expenses $74.097
Operating Expenses
General Expenses $4,200
Communications $836
Duplicating/Printing $1,050
Travel $2,100
Consultation $1,575
Office Furniture $0
Computer/Software $750
Helmets/Incentives $28,218
Total Operating Expenses $38,729
Total Direct Costs $112,826
Indirect Costs ($6400/FTE) $12,352
TOTAL COSTS $125,178
r a
STATE OF CALIFORNIA EXHIBIT IIE"
NONDISCRIMINATION CLAUSE (OCP-1) ' Contraclu- No. 94-21-052
STD.17A(REV.2-M ,
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.