HomeMy WebLinkAboutMINUTES - 02281995 - 1.75 TO: �(>�i 'BOARD OF SUPERVISORS Contra FR6M: Mark Finu�n6, Health Services Director
_ Costa
DATE: February 15, 1995 10 County
SUBJECT: Approval of Standard Agreement #28-543-3 with the State Department
of Health Services for the STD Mobile Clinics Project
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 #28-543-3 (State #94-20766)
with the State Department of Health Services, in the amount of
$26, 455, for the period from January 1, 1995 through June 30, 1995,
for the Sexually Transmitted Disease (STD) Mobile Clinics Project.
II. FINANCIAL IMPACT:
Approval of this Agreement will result in State funding of $26, 455,
for the period from January 1, 1995 through June 30, 1995, for the
STD Mobile Clinics Project. No County funds are required.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
The STD Mobile Clinics Project operates in East and West County,
which have been identified as areas of high disease incidence for
STD, TB, and HIV infection. Mobile clinics provide on-site STD
screening, diagnosis, treatment, and prevention education to high-
risk persons who are unable to utilize existing services at
stationary STD clinic sites.
The Board Chair should sign eight copies of the agreement. Seven
signed copies of the agreement and four certified/sealed copies of
this Board Order should be returned to the Contracts and Grants Unit
for submission to the State Department of Health Services.
CONTINUED ON ATTACHMENT: YES SIGNATURE: Z'
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BO RD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON FLU APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
Contact: Wendel Brunner, M.D. (313-6712) OF SUPERVISORS ON THE DATE SHOWN.
CC: Health Services (Contracts) ATTESTED FEB 2 8 #
05
State Department of Health Services Phil Batchelor, Clerk of the Board of
SupervW,3 and County AdministratU
M382/7-83 BY eg DEPUTY
STATE OF CALIFORNIA
STANDARD AGREEME APPROVED BY THE o RACTNUMBEll AM.NO.
STD.2(REV.5-91) /, >5T0 R`S C _: IA01414-1-
�20766
�/ _ 4I� TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NUMBER
THIS AGREEMENT,made and entered into this 1St day of January 19 95 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
County of Contra Costa (Health Department54 603 hereafter called the Contractor.
WITNESSETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expressed,
does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor,
time for performance or completion,and attach plans and specifications,if any.)
1. The Contractor shall:
a. Complete the objectives as stipulated in the.attached Exhibit B entitled"Contra Costa County Performance
Contract Guidelines for the Commziity Health Outreach: Project to Control Congenital Syphilis and other
SIDs11 consisting of three pages and made a part of this-agreement by this reference.
b. Provide State/federal/contract—funded STD Control Program assignees adequate office space and telephone
service in order that they may conduct local STD control activities.
c. Provide all monthly and quarterly reports Isepared by county SID control employees and required by the
State SID Control Program to the designated. State/federal assignee within adequate time for their
review and mailing to the State SID Control Program on or before the required date.
d. Entre that contract persormel'devote 100 percent of time to STD-related activities, including those
listed in Exhibit B.
2. The Contractor shall.notify the SID Control Program within 15 days in the event a contracted position
becomes vacant. Final approval of a selected candidate must be obtained from the State SPD Control
Program before the vacant position can be filled. .
CONTINUED ON 1 SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions on the reverse side hereof constitute a part of this agreement.
IN WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written.
STATE OF CALIFORNIA CONTRACTOR
AGENCY CONTRACTOR(lf other than an individual,state whether a corporation,partnership,etc.)
Department of Health Services County of Contra Costa
BY(AUTHORVM SIGNATURE) BY(AUTHOFIZ SIGNATURE)
DIL
PRINTED NAME ERSON SIGNING RINTED NAME AC TITLE OF PERSON SI&AING
Edward E. Stahlberg Chair, Board of Supervisors
TITLE ADDRESS
Chief, Program Support Branch 651 Pine Street, Martinez, California 94553
AMOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY(CODE AND TITLE) FUND TITLE Department of General Services
DOCUMENT General Account General Use Only
$ 26,455 (OPTIONALUSE)
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT ->
$ ITEM CHAPTER STATUTE FISCAL YEAR Examo From DIGS ArDYv/
Pp -
TOTAL AMOUNT ENCUMBERED TO 4260-001-001 139 94 94-95 DGS Exemption Notice #-:55
DATE OBJECT OF EXPENDITURE(CODE AND TITLE)
$ 26,455 94-13515-4466-418-01
I hereby certify upon my own personal knowledge that budgeted funds T.B.A.NO. B.R.NO.
are available for the period and purpose of the expenditure stated above.
SIGNATURE OF ACCOUNTING OFF ER I DATE
CONTRACTOR STATE AGENCY O 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 services,
materials or supplies in connection with the performance of this contract,and from any and all claims and
losses accruing or resulting to any person,firm or corporation who may be injured or damaged by the
Contractor in the performance of this contract.
2. The Contractor,and the agents and employees of Contractor,in the performance of the agreement,shall
act in an independent capacity and not as officers or employees or agents of State of California.
3.The State may terminate this agreement and be relieved of the payment of any consideration to Contractor
should Contractor fail to perform the covenants herein contained at the time and in the manner herein
provided. In the event of such termination the State may proceed with the work in any manner deemed
proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this
agreement,and the balance,if any,shall be paid the Contractor upon demand.
4. Without the written consent 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.
6. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by
the parties hereto,and no oral understanding or agreement not incorporated herein,shall be binding on
any of the parties hereto.
7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of
Contractor's expenses incurred in the performance hereof, including travel and per diem, unless
otherwise expressly so provided.
_ 91 61014
Contract No. : 94-20766
Contractor: County of Contra Costa _
(Health Department)
Page 2 of 2
3 . The period of this contract shall be January 1, 1995 through June F
30, 1995 .
4 . The total amount payable by the State to the Contractor under this
contract shall not exceed $26, 455 .
5 . In consideration of the services performed in a manner acceptable
to the State, the State shall reimburse the Contractor quarterly,
in arrears, upon Contractor' s submission of an invoice stating: the —
number of the contract; the time period covered; the name and title
of the incumbent employee (s) ; and, the actual expenditures and
percent of time that incumbent employee (s) performed services in .
accordance with the budget attached hereto and entitled Exhibit C.
Invoices are to be submitted under the letterhead of the Contractor
and signed by the Health Officer or individual acting on his behalf
directly to: Department of Health Services, STD Control Branch,
P.O. Box 2230, Sacramento, CA 95812-2230 . Invoices shall be
submitted no later than 15 working days after the end of each
quarter. Final payment will be withheld pending the submission of
all required reports to the State by. the Contractor.
6 . 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; that the Contractor submit an
explanation of the need for such excess with the claim for
reimbursement specifically identifying 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
under, no circumstances shall the maximum amount payable under this
agreement exceed the maximum amount specified in paragraph 4 of this
agreement.
7. . This contract may be cancelled at any time by either party, by
giving 30 days written notice to the other party.
8 . The attached Exhibit A(S) entitled, "Additional Provisions (For
State Funded Subvention AID/Local Assistance Cost Reimbursement
Contracts/Grants) " , consisting of 12 pages, is made a part, hereof
by this reference.
9 . The attached Exhibit C entitled "Budget" , consisting of three pages
is made a part hereof by this reference.
10 . The attached Exhibit D entitled "Non-Discrimination Clause" ,
consisting of ,one page, is made a part hereof by this reference.
11 . The attached Exhibit E entitled "Prior to July 1, 1994 Language" ,
consisting of one page, is made a part hereof by this reference.
Exhibit A(S)
STATE OF CALIFORNIA
DEPARTMENT OF HEALTH SERVICES
ADDITIONAL PROVISIONS
(FOR STATE FUNDED SUBVENTION AID/LOCAL ASSISTANCE
COST REIMBURSEMENT CONTRACTS/GRANTS)
1. There is no paragraph 1 in this Exhibit A(S). .
2. Travel and Per Diem
Any reimbursement for necessary traveling and per diem shall be at rates not to exceed those
amounts paid to the State's represented employees under collective bargaining agreements
currently in effect. No travel outside the State of California shall be reimbursed unless prior
written authorization is obtained from the State.
3. Procurement Requirement
a. Prior authorization in writing by the State will be required before the Contractor will be
reimbursed for any purchase order or subcontract exceeding $2,500 for any articles,
supplies, equipment, or services or for any fee, or other payment,for consultation of three
hundred fifty dollars ($350) or more per day. The Contractor must provide in its request for
authorization all particulars necessary for evaluation of the necessity or desirability of
Incurring such cost,and as to the reasonableness of the price or cost. For purchases of any
said articles,supplies,equipment,services, or for consultant fees exceeding such minimum
amount,three competitive quotations must be submitted with the request,or the absence
of bidding must be adequately justified.
b. If other than the lowest bidder or a sole-source provider is selected, all documents used in
contractor selection must be presented in writing to the State for prior approval before
awarding any contract,and maintained for possible future audit as specified in paragraph
7 below.
c. The terms `purchase order' and 'subcontract' as used in the above paragraph 3a only,
excludes: (a) purchase orders not exceeding $2,500, and (b) subcontracts or purchase
orders for public utility services at rates established for uniform applicability to the general
public.
4. Standards of Work
The Contractor agrees that the performance of work and services pursuant to the requirements
of this contract shall conform to high professional standards.
5. Furnishing of Property by the State or Purchase of Property with State or Federal Funds
a. (1) All equipment, material, supplies, or property of any kind purchased from funds
advanced or reimbursed or furnished by the State under the terms of this contract
and not fully consumed in the performance of the contract shall be the property of
the State and shall be subject to the provisions of this paragraph a, as well as
paragraphs b,c,and d below. If the Equipment line item in the budget or in any other
paragraph of this contract exceeds $10A00 or more,the provisions of subparagraph b
shall apply.'
CMS Irut=tlor l BLAIefin Na 06(1/91)
(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, F
including the manner and method,in retuming said equipment to the State. Final
disposition of such equipment shall be at state expense In accordance with
Instructions from the State to be issued immediately after receipt of the final
inventory.
(3) Motor Vehicles
(a) If, under the provisions of paragraph a above, any part of such property Is motor
vehicles, the State Office of Procurement shall purchase said motor vehicles for
and on behalf of the Contractor. The provisions of clause 5b below are
applicable to this paragraph concerning motor vehicles.
(b) If, under the provisions of paragraphs (2) or(3) above, any part of such property
is motor vehicles,the State authorizes the Contractor to use said motor vehicles
under the terms and conditions of this contract for purposes of this contract only,
and in accordance with the provisions of subparagraphs(c)through (f) below.
(c) Itis mutually understood that the State of California shall be the legal owner of
said'vehicles and the Contractor shall be the registered owner.
(d) Upon return of such motor vehicles to the State,Contractor shall deliver to State
all necessary documents of title to enable proper transfer of marketable title to
the State.
(e) Contractor agrees that all operators of motor vehicles listed in said agreement
shall hold a valid State of California driver's license. In the event 12 or more
passengers are to be carried in any one vehicle listed in said agreement,a Class 2
driver's license will also be required.
(f) Contractor shall furnish to the State a certificate of insurance stating that there is
liability insurance presently in effect for the Contractor of not less than S500A00
per occurrence for bodily injury and property damage liability combined.
The certificate of Insurance must include provisions(D and (ii),stating that:
01 The insurer will not cancel the insured's coverage without 30 days prior
written notice to the State.
(ii) The State of California, its officers, agents, employees, and servants are
Included as additional insureds, but only insofar as the operations under this
contracture concerned.
Contractor agrees that bodily injury liability insurance herein provided for shall be
in effect at all.times during the term of this contract. in the event said insurance
coverage expires at any time or times during the term of this contract,
Contractor agrees to provide at least thirty(30) days prior to said expiration date
a new certificate of insurance evidencing insurance coverage as provided for
herein for not less than the remainder of the term of the contract,or for a period
-2- _
Exhibit A(S)
of not less than one (1) year. New certificates of Insurance are subject to the
approval of said Department of General Services,and Contractor agrees that no
work or services shall be performed prior to the giving of such approval. In the
event Contractor fails to keep in effect at all times Insurance coverage as herein
provided, State may, in addition to any other remedies it may have, terminate
this contract upon the occurrence of such event.
b. If the Equipment line item budget in this contract is $10,000 or more, the State shall
purchase said equipment through its Office.of Procurement. The cost of procurement of
equipment will be deducted from contract amount. Contractor shall submit to State a
separate list of the equipment specifications. State will pay vendor directly for equipment
purchases, and title to the equipment will remain with the State. The equipment will be
delivered to the Contractor's address as stated in the contract unless notified by
Contractor in writing. _
c. (1) Title to state property shall not be affected by the incorporation or attachment
thereof to any property not owned by the State, nor shall such state property, or any
part thereof, be or become a fixture or lose its identity as personality by reason of
affixation to any realty.
(2) State property shall be used only for the performance of this contract.
(3) Unless otherwise.provided herein, the State shall not be under any duty or obligation
to restore or rehabilitate, or to pay the cost of the restoration or rehabilitation of the
Contractor's facility or any portion thereof which is affected by removal of any state
property.
(4) The Contractor shall maintain and administer, in accordance with sound business
practice, a program for the utilization, maintenance, repair, protection, and
preservation of state property so to assure its full availability and usefulness for the
performance of this contract.The Contractor shall take all reasonable steps to comply
with all appropriate directions and instructions which the State may prescribe as
reasonably necessary for the protection of state property.
d. for nonexpendable equipment only. Before equipment purchases made by the Contractor
are reimbursed by the State,the Contractor must submit paid vendor receipts identifying
the purchase price, description of the item, serial number, model number, and location
where equipment will be used during the term of this agreement. Said paid receipts will be
attached to Contractor's invoices submitted to the State.
6. Income Restrictions i
The Contractor agrees that any refunds, rebates, credits, or other amounts (including any
interest thereon) accruing to or received by the Contractor under this contract shall be paid by
the Contractor to the State,to the extent that they are property allocable to costs for which the
Contractor has been reimbursed by the State under this contract.
7. Examination of Accounts,Audit, Records,and Subcontract Language
a. The Contractor shall maintain books,records,documents,and other evidence,accounting -
procedures, and practices, sufficient to reflect properly all direct and indirect costs of
whatever nature claimed to have been incurred in the performance of this contract,
including any matching.costs and expenses. The foregoing constitutes 'records' for the
purposes of this clause.
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b. The Contractor's facility or office or such part thereof as may be engaged in the
performance of this contract and his records shall be subject at all reasonable times to
inspection, audit, and reproduction by the State or any of its duly authorized _
representatives.
c. The Contractor shall preserve and make available his records (i) for a period of three years
from the date of final payment under this contract,and GO for such longer period,If any,as
Is required by applicable statute,by any other clause of this contract,or by subparagraphs F
(1)or(2) below.
(1) If this contract is dompietely or partially terminated, the records relating to the work
terminated shall be preserved and made available for a period of three years from
the date of any resulting final settlement.
(2) if any litigation, claim, negotiation, audit, or other action involving the records has `
been started before the expiration of the three-year period, the records shall be
retained until completion of the action and resolution of all issues which arise from it,or
until the end of the regular three-year period,whichever is later.
d. The Contractor further agrees to include in all his subcontracts hereunder a written
agreement with said subcontractor or vendor,the following clause:
`(Name of Vendor or Subcontractor) agrees to maintain and preserve, until three years
after termination of (Contractor's name) agreement or contract with the State of
California, and to permit the State or any of its duly authorized representatives, to have
access to and to examine and audit any pertinent books,documents,papers,and records
of(name of subcontractor or vendor)related to this (purchase order or subcontract).'
8. Covenant Against Contingent Fees
The Contractor warrants that no person or selling agency has been employed or retained to
solicit or secure this contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Contractor for the purpose of
securing business. For breach or violation of this warranty,the State shall have the right to annul
this contract without liability or in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such commission, percentage, -
brokerage,or contingent fee.
9. Inspection
The State, through any authorized representatives, has the right at all reasonable times to
inspect or otherwise evaluate the work performed or being performed hereunder including
.subcontract supported activities and the premises in which it is being performed. If any
inspection or evaluation is made by the State of the premises of the Contractor or a
subcontractor, the Contractor shall provide and shall-require his subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of the state representatives
In the performance of their duties. All inspections and evaluations shall be performed in such a
manner as will not unduly delay the work.
10. Nondiscrimination in Services, Benefits, and Facirdies
a. The Contractor will not discriminate in the provision of services because of race, color,
creed, national origin, sex, age, or physical or mental handicap as provided by state and
federal law.
-4-
Exhibit A'(S)
b. For the purpose of this contact, distinctions on the grounds of race, color, creed, national
origin, sex, age, or physical or mental handicap include, but are not limited to, the
following: denying a participant any service or benefit to a participant which is different,or
Is provided in a different manner or at a different time from that provided to other
participants under this contract; subjecting a participant to segregation or separate
treatment In any matter related to his receipt of any service; restricting a participant in any
way in the enjoyment of any advantage or privilege enjoyed by others receiving any
service or benefit, treating a participant differently from others in determining whether he
satisfied any admission, enrollment quota, eligibility, membership-or other requirement or
condition which Individuals must meet in order to be provided any service or benefit; the
assignment of times or places for the provision of services on the basis of the race, color,
creed,or national origin of the participants to be served.
c. The Contractor will take affirmative action to ensure that intended beneficiaries are
provided services without regard to race,color, creed, national origin,sex,age, or physical
or mental handicap.
d. The Contractor agrees that complaints alleging discrimination in the delivery of services by
the Contractor or his or her subcontractor because of race, color, national origin, creed,
sex, age, or physical or mental handicap will be resolved by the State through the
Department of Health Services' Affirmative Action/Discrimination Complaint Process.
e. The Contractor shall, subject to the approval of the Department of Health Services,
establish procedures under which participants of service are informed of their rights to file a
complaint alleging discrimination or a violation of their civil rights with the Department of
Health Services.
f. The Contractor shall operate the program or activity in such a manner that it is readily
accessible to and usable by mentally or physically handicapped persons pursuant to 45
Code of Federal Regulations,Part 84,Sections 84.21 and 84.22.
g. The Contractor shall keep records, submit required compliance reports, and permit state
access to records in order that the State can determine compliance with the
nondiscrimination requirements pursuant to 45 Code of Federal Regulations, Part 80, 84,
and 90.Sections 80.6,84.6 1,and 90.42.
11. Final Invoice—Final Report—Retention of Funds
If a final report is required by this contract, 10 percent of the face amount of the contract or 50
percent of the final invoice, whichever is the larger amount, but not to exceed $3,000,shall be
withheld until after receipt by the State of a report satisfactory to the State.
12. Officials Not to Benefit
No member of or delegate to Congress or the State Legislature shall be admitted to any share
or part of this contract, or to any benefit that may arise therefrom; but this provision shall not be
construed to extend to this contract if made with a corporation for its general benefit.
13. Rights in Data _
a. Subject Data. As used in this clause, the term "Subject Data" means writings, sound
recordings, pictorial reproductions, drawings, designs or graphic representations,
procedural manuals, forms, diagrams, work flow charts, equipment descriptions, data files
and data processing or computer programs, and works of any similar nature (whether or
-5- -
not copyrighted or copyrightable) which are first produced or developed under this
contract. The term does not include financial reports, cost analyses,and similar information
Incidental to contract administration. .
b. ' federd Govemment and State Rights.Subject only to the provisions of c below,the Federal
Government and State may use,duplicate,or disclose in any manner and for any purpose
whatsoever, and have or permit others to do so, all Subject Data delivered under this
contract. F
c. License to Copyrighted Data In addition to the Federal Government and State rights as
provided In b above, with respect to any subject data which may be copyrighted, the
Contractor agrees to and does hereby grant to the Federal Government and State a
royalty-free, nonexclusive, and irrevocable license throughout the world to use, duplicate,
or dispose of such data in any manner for State or Federal Government purposes and to
have or permit others to do so. Provided, however, that such license shall be only to the —
extent that the Contractor now has, or prior to completion or final settlement, of this
contract may acquire, the right to grant such license without becoming liable to pay
compensation to others solely because of such grant.
14. There is no provision 14 in this Exhibit A(S).
15. Clean Air and Water
a. (Applicable only If the contract Is not with a sole source vendor of products or services,or if
it exceeds$5,000.)
The Contractor agrees under penalty of perjury(t,he,she) is not in violation of any order or
resolution which is not subject to review promulgated by the State Air Resources Board or
an air pollution district.
The Contractor agrees under penalty of perjury (t, he, she) is not subject to a cease and
desist order which is not subject to review issued pursuant to Section 13301 of the Water
Code for violation of waste discharge requirements or discharge prohibitions,or is not finally
determined to be in violation of provisions of federal law relating to air or water pollution.
b. (Applicable only if the contract or subcontract exceeds $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 worts required by this contract will be performed in a facility
listed on the Environmental Protection Agency List of Violating Facilities on the date
when.this contract was awarded unless and until the Environmental Protection
Agency eliminates the name of such facility or facilities from such listing.
Exhibit A(S)
(3) To use his best efforts to comply with clean air standards and clean water standards at
the facility in which the contract is being performed.The terms used in this paragraph
have the following meanings:
(a) The term 'clean air standards' means any enforceable rules, regulations,
guidelines, standards, limitations, orders, controls, or prohibitions or other
requirements which ore contained in, issued under, or adopted pursuant to the F
Clean Air Act.
(b) The term 'clean water standards' means any-enforceable limitation, control,
condition, prohibition, standard, or other requirement which Is promulgated
pursuant to the Clean Water Act or contained in a permit Issued to a discharger
by EPA or by the State under an approved program as authorized by Section 402
of the Clean Water Act (33 U.S.C. 1342), or by a local govemment to ensure ' _
compliance with pretreatment regulations as required by Section 307 of the
Clean Water Act(33 U.S.C. 1317) and regulations issued pursuant thereto.
(c) In addition to compliance with clean air and water standards, the term
.compliance shall also mean compliance with a schedule or plan ordered or
approved by a court of competent jurisdiction, the Environmental Protection
Agency, or an air or water pollution control agency in accordance with the
requirements of the Clean Air Act and the Federal Water Pollution Control Act.
(4) As a condition for the award of a contract,the applicant or contractor shall notify the
State of the receipt of any communication from the Assistant Administrator for
Enforcement, U.S. EPA indicating that a facility to be utilized for the contract is under
consideration to be listed on the EPA List of Violating Facilities. Prompt notification shall
be required prior to contract award.
(5) To report violations to the State and to the Assistant Administrator for Enforcement.
(6) To insert the substance of the provisions of paragraph b into any nonexempt
subcontract, including this paragraph b(6), and to take such action as the Federal
Govemment may direct as a means of enforcing such provisions.
16. Utilization of Small Business and Minority and Women Owned Business Enterprises
a. It is a federal policy to award a fair share of contracts to small, minority, and women
owned business firms. The State Legislature has declared that a fair proportion of the total
purchases and contracts or subcontracts for property and services for the State be placed
with small minority and women owned business enterprises.
b. A firm shall qualify as a small business if it meets the requirements specified in Govemment
Code,Section 14837.
.c. The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to
the fullest extent consistent with efficient contract performance. As used in this contract,
the term 'minority business enterprise" means a business concem (a) which is at least 51
percent owned by one or more minority group membersor women, or in the case of a
publicly owned business, at least 51 percent of the stock of which is owned by one or more
minority group members or women; and (b) whose management and daily business _
operations are controlled by one or more such individuals. A minority group member is a
person who is Black, Asian, Hispanic, Filipino, Polynesian, American Indian, or Alaskan
Native. 'Control,' ,as used in this clause, means exercising the power to make policy
decisions.
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•
d. Contractors acting in good faith may rely on written representations by their.subcontractors
regarding their status as minority business enterprises in lieu of an Independent
investigation.
17. Printing
If printing or other reproduction work of more than an incidental and minor dollar amount is a
reimbursable Item In this contract, it shall be printed or produced by the State Printer. The State
Printer may, at his sole.option, elect.to forego sold work and delegate the work to the private
sector. If the State Printer prints or produces said work, or the State obtains the printing or other
work through the Office of"State Procurement, the cost will be deducted from said contract
amount. This requirement does not apply to normal In-house copying necessary for routine
business matters of the Contractor.
18. Prior Approval of Training Seminars,Workshops, or Conferences
Contractor shall obtain prior State approval over the location, costs, dates, agenda, instructors,
Instructional materials, and attendees at any reimbursable training seminar, workshop or
conference, and over any reimbursable publicity, or educational materials to be made
available for distribution. The Contractor shall acknowledge the support of the State whenever
publicizing the work under the contract in any media. This paragraph does not apply to
necessary staff meetings to conduct routine business matters. .
19. Confidentiality of Information
a. ' The Contractor and his or her employees, agents, or subcontractors shall protect from
'unauthorized disclosure names and other identifying information concerning persons either
receiving services pursuant to this contract or persons whose names or identifying
Information become available or are disclosed to the Contractor, his/her employees,
agents, or subcontractors as a result of services performed under this contract, except for
statistical information not Identifying any such person.
b. The Contractor, his/her employees, agents, or subcontractors shall not.use such identifying
information for any purpose other than carrying out the Contractor's obligations under this
contract.
C. The Contractor, his/her employees, agents, or subcontractors shall promptly transmit to the
State all requests for disclosure of such identifying information not emanating_from the
client or person.
d. The Contractor shall not disclose, except as otherwise specifically permitted by this
contract or authorized by the client, any such Identifying information to anyone other than
the State without prior written authorization from the State.
e. For purposes of this paragraph, identity shall include, but not be limited to, name,
identifying number, symbol, or other identifying particular assigned to the individual, such
as finger or voice print or a photograph.
20. National labor Relations Board Certification
(Not applicable if Contractor is a public entity)
Contractor, by signing this agreement, does swear under penalty of perjury that no more than
one final unappealable finding of contempt of court by a federal court has been issued against
-8-
• i
Exhibit A(S)
Contractor within the Immediately preceding two-year period because of.the Contractor's
failure to comply with an order of a federal courtwhich orders the Contractor to comply with an
order of the National Labor Relations Board.
21. Documents and Written Reports
Any document or written report prepared as a requirement of this agreement shall contain, in a F
separate section preceding the main body of the document,the number and dollar amounts
of all contracts and subcontracts relating to the preparation of such document or report, if the
total cost for work by nonemployees of the State exceeds$5,000.
22. Resolution of Direct Service Contract Disputes
a. If Contractor believes there is a dispute or grievance between the Contractor and the
State,the procedures set forth in Chapter 2.1, Sections 20201 through 20205, of Tffle 22, of
the California Code of Regulations,shall be followed..
b. If the Contractor wishes to appeal the decision of the Deputy Director for Public Health or
his/her designee, the Contractor shall follow the procedures set forth In Division 25.1
(commencing with Section 38050) of the Health and Safety Code and the regulations
adopted thereunder. (Title 1, Subchapter 2.5, commencing with Section 251, California
Code of Regulations.)
c. Disputes arising out of an audit or examination of a contract not covered by subdivision (a)
of. Section.20204, of Chapter 2.1, Title 22, of the California Code of Regulations, and for
which no procedures for appeal are provided in statute,regulation,or the contract shall be
handled in accordance with the procedures identified in Sections 51016 through 51047,
Title 22,California Code of Regulations.
23. Financial and Compliance Audit of Nonprofit Entities
(Applicable only if Contractor is a nonprofit entity)
a. Definitions within this paragraph are defined in Section 38040 of the Health and Safety
Code,which,by this reference,is made a part hereof.
b. Contractor agrees to obtain an annual single, organization-wide financial and compliance
audit. The audit shall be conducted in accordance with the requirements specified in the
Federal Office of Management and the Budget (OMB) Circular A-133, 'Audits of Institutions
of Higher Education and Other Nonprofit Organizations.'
c. References to 'Federal' in OMB Circular A-133 shall be considered to mean 'Federal and/or
State' in contracts where State funds are present either alone or in conjunction with Federal
funds.
d. The audit shall be completed by the.15th day of the fifth month following the end of the
Contractor's fiscal year. Two copies of the audit report shall be delivered of the State
program funding this contract. The report shall be due within 30 days after the completion
of the audit.
e. If the Contractor receives less than $25,000 per year from the State, the audit shall be
conducted biennially, unless there is evidence of fraud or other violation of state law in
connection with this contract. This requirement takes precedence over the OMB A-133
section which exempts from Federal.audit requirements any nonprofit Institution receiving
less than S25=per year.
f. The cost of such audit may be Included in the funding for this contract up to the
proportionate amount this contract represents of the Contractor's total revenue.
g. The State, or Its authorized designee Including the Auditor-General, Is responsible for
conducting contract performance audits which are not financial and compliance audits. F
h. Nothing In this contract limits the State's responsibility or authority to enforce State law or
regulations,procedures,or reporting requirements arising pursuant thereto.
1. Nothing In this paragraph limits the authority of the State to make audits of this contract,
provided, however,that if independent audits arranged for by Contractor meet generally
.accepted governmental auditing standards, the State shall rely on those audits and any —
additional audit work shall build upon the work already done.
J. The State may, at its option, direct its own auditors to perform the single audit described in
OMB Circular A-133. The State's auditors shall meet the independence standards specified
in Government Auditing Standards.The audit shall be conducted in accordance with OMB
Circular A-133 so as to satisfy all State and Federal requirements for a single organization-
wide audit.
24. Contract Amendments
a. . This contract may be amended by mutual agreement between the parties and,if required
by Government Code;Section 11010.5, or Public Contract Code, Section 10366, the
amendment shall be subject to the approval of the Department of General Services,unless
otherwise exempted.
b. If any amendment to this contract has the effect of increasing the monetary amount of
the contract or an agreement by the State to indemnify or save harmless the Contractor,
his agents or employees, the amendment shall be approved by the Department of
General Services,unless otherwise exempted.
25. Evaluation of Contractors
The Contractor's performance under this contract shall be evaluated at the conclusion of the
term of this contract.The evaluation shall include,but not be limited to:
a. Whether the contracted work or services were completed as specified in the contract and
reasons for and amount of any cost overruns.
b. Whether the contracted work or services met the quality standards specified in the
contract.
c. Whether the Contractor fulfilled all requirements of the contract.
d. Factors outside the control of the Contractor which caused difficulties in Contractor
performance. Factors outside the control of the Contractor shall not include
subcontractor's poor performance.
The evaluation of the Contractor shall not be a public record.
OF
° Exhibit A(S)
r
26. Conflict of Interest—Cuffent and Fomner State Employees ;
a. Current State Officers and Employees
(1) Contractor shall not utilize in the performance of this contract any state officer or
employee in the state civil service or other appointed state official unless the
employment, activity, or enterprise Is required as a condition of the officer or IF
employee's regular state employment. Employee in the state civil service is defined to
be any person legally holding a permanent or Intermittent position in the state civil
service.
(2) If any state officer or employee Is utilized or employed in the performance of this
contract, Contractor shall first obtain written verification from the State that the
employment, activity, or enterprise is required as a condition of the officer's,
employee's, or official's regular state employment and shall keep said verification on
file for three years after the termination of this contract.
(3) Contractor may not accept occasional work from any currently employed state
officer,employee,or official. '
(4) If Contractor accepts volunteer work from any currently employed state officer,
employee,or official,Contractor may not reimburse,or otherwise pay or compensate,
such person for expenses incurred, including, without limitation, travel expenses, per,
diem,or the like,in connection with volunteer work on behalf of Contractor.
(5) Contractor shall not employ any state officers, employees,or officials who are on paid I
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 inithis
contract that it is unlawful under Public Contract Code Section 10410 for such person
to become a state officer, employee, or official during th term of this contract unless j
any relationship with the Contractor giving rise to a financial interest, as an employee j
or otherwise,is first terminated.
j
(7) Occasional or one-time reimbursement of a state employee's travel expenses is not j
acceptable.
(Citation: Public Contract Code Section 104 70)
r
b. former State Officers and Employees
(1) Contractor shall not utilize in the performance of this contract any formerlylemployed
person of any state agency or department that was employed under the state civil ;
service, or otherwise appointed to serve in the state government, if that person was
engaged in any negotiations,transactions, planning,arrangement, or any part of the
decision-making process relevant to the contract while employed in any capacity.by,
any state agency or department. This prohibition shall apply for a twoo-year penot ,
beginning on the date the person left state employment. '
(2) Contractor shall not utilize within 12 months from the date of separation of services,
former employee of the contracting state agency or department/if that form
employee was employed in a policy making position in'the same general subji
area as the proposed contract within the 12-month period prior to'the emplo;r
leaving state service.
(Citation: Public Contract Code,Section 10411)
_ t
Exhibit A'(S)- '
c. faUure to Comply with Subparts(a)or lb)
If Contractor violates any provision of subparts a or b above, such action by Contractor
shall render this contract void, unless the violation is technical or nonsubstontive.
(Citation: Pubic Contract Code,Section 10420)
27. Contractor Name Cite
Contractor shall provide a written notice to the State at least'30 days prior to any changes to
the Contractor's current legal name.
28. Novation
If the Contractor proposes any novation agreement, the State shall act upon the proposal
within 60 days after receipt of the written proposal. The State may review and consider the
proposal, consult and negotiate with the Contractor, and accept or reject all or part of the
proposal. Acceptance or rejection may be made orally within the 60-day period, and
confirmed in writing within five days.
29. Drug-Free Workplace
Contractor certifies to the State that it will provide a drug-free workplace by doing all of the
following:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance is prohibited in the person's or
organization's workplace and specifying the actions that will be taken against employees"
for violations of the prohibition.
b. Establishing a drug-free awareness program to inform employees about all of the following:
(1) The dangers of drug abuse in the workplace.
(2) The person's or organization's policy of maintaining a drug-free workplace.
(3) Any available drug counseling,rehabilitation,and employee assistance programs.
(4) The penalties that may be imposed upon employees for drug abuse violations.
c. Requiring that each employee engaged in the performance of the contract or grant be
given a copy of the statement required by subdivision a and that, as a condition of
employment on the contract or grant,the employee agrees to abide by the terms of the
statement.
d. Contractor agrees this contract may be subject to suspension of payments or termination
of this contract,or both,and the Contractor may be subject to debarment,in accordance
with the requirements of the Government Code, Section 8350 et seq., if the Department
determines that any of the following has occurred:
(1) .The Contractor or grantee has made a false certification.
(2) The Contractor violates the certification by failing to carry out the requirements of
subdivisions a through c above.
Contract No. : 94-20766
Contractor: County of Contra Costa -
(Health Department)
Page 1 of 3
EXHIBIT B 4F
CONTRA COSTA COUNTY PERFORMANCE CONTRACT GUIDELINES
FOR THE COMMUNITY HEALTH OUTREACH PROJECT
TO CONTROL CONGENITAL SYPHILIS AND OTHER STDs
Contract Date : January 1, 1995 - June 30, 1995
GOAL: To reduce the incidence of congenital syphilis and other
sexually transmitted disease by increasing the availability of
community-based on-site STD screening, diagnosis, and treatment to
high-risk persons and their partners .
OBJECTIVE 1 : To increase the awareness of the consequences of STDs
by providing one-to-one education to at least 500 persons who are
among an inner-city, minority, chemically-dependent population at
highest risk for the development of disease .
Implementation Activities
A. Contra Costa County will, through contracts with local
community-based organizations (CBOs) , provide outreach
education and referral of high-risk populations for sexually
transmitted diseases . The county will be responsible for
fiscal and program management of CBO contracts, ensuring
accountability, and conducting reimbursement activities in a
timely manner.
Timeline : By January 1, 1995 and ongoing.
B . Designated outreach workers from community-based organizations
will distribute condoms to high-risk clients and educate them
and their partners about the occurrence of the mobile clinic
and encourage participation in those services . These workers .
will also provide education sessions on the importance of safe
sex practices in reducing the occurrence of all STDs,
including HIV.
Timeline : By January 1, 1995 and ongoing.
OBJECTIVE 2 : To provide, through the use of the state-supplied
mobile health unit, screening, examination, diagnosis, and
treatment services for sexually transmitted disease to at least 10 -
15 persons of the highest possible risk status during each mobile
clinic session. Whenever possible, services will also be provided
to the partners of all high-risk patients examined.
Contract No. : 94-20766
Contractor: County of Contra Costa
(Health Department)
Page 2 of 3
Implementation Activities
A. The Contra Costa County STD Program, along with the California
State STD Control Program will provide data on census tract
distribution of cases of congenital syphilis and other STDs in
order to target program efforts .
Timeline : January 1, 1995 and as needed.
B. Based on census tract data, Contra Costa County will ensure
that community-based organizations select two of the highest
volume areas for high-risk patients to provide outreach.
Mobile clinic sessions will occur in each of these two areas
at least twice each month.
Timeline : Richmond location - January 1, 1995 and ongoing.
Pittsburg location - January 1, 1995 and ongoing.
C. Contra Costa County will ensure that community-based
organizations are, as a result of outreach activities,
referring the highest risk- persons possible for screening,
examination, and treatment . Highest risk will be defined by
current surveillance data and the California STD Control
Program Fact Sheet (1992) .
Timeline :, January 1, 1995 and ongoing.
D. Contra Costa County will ensure that. a certified nurse
practitioner or equivalent is available for each scheduled
session to perform -required STD examination, diagnosis, and
treatment services .
Timeline : January 1, 1995 and ongoing.
E . Contra Costa County will ensure that adequate laboratory
services are provided for the screening, diagnosis, and
treatment of STDs . These services will at the very least
include testing for syphilis and gonorrhea.
Timeline : January 1, 1995 and ongoing.
F. Contra Costa County will ensure adequate disease intervention
coverage is provided for each session by the Contra Costa
County STD Program. Adequate coverage is defined as at least
one county disease intervention specialist (DIS) assigned to
each session for interviewing and investigating.
Timeline : - January 1, 1995 and ongoing.
Contract No. : 94-20766
Contractor: County of Contra Costa -
(Health Department)
- Page 3 of 3
G. Contra Costa County will ensure that the Community Health
Outreach Data Collection Record is completed for each person F
examined and that these forms are submitted to the State STD
Control Branch, Surveillance, Investigation, Research, and
Evaluation Section, by the 15th of the month following
examination.
Timeline : January 1, 1995 and ongoing.
H. Contra Costa County will ensure that mobile clinic meetings
(involving all staff and outreach workers) for each site occur
monthly.
Timeline : January 1, 1995 and ongoing.
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STATE OF.CAL1FORMA
NON DISCRIMINATION CLAUSE (OCP-y)
ST 0.17A(REV.2.93)
Exhibit D
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, 4F
ancestry, religious creed,national origin,physical disability(including HN 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(Goverment Code,Section 12900 et sea.)and
the applicable reguladons promulgated cher eunder(California Code of Regulations,Title 2,Section 7285.0 —
et sea.). The applicable regulations of the Fair Employment and Housing Commission implementing
Government Code,Secdon 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 sec 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.
t
Exhibit E
STATE OF CALIFORNIA
DEPARTMENT OF HEALTH SERVICES
Prior to July 1, 1994 Language —
1 . It is mutually understood between the parties that this contract may have
been written and executed prior to July 1, 1994 for.the mutual benefit of
both parties in order to avoid program and fiscal delays which could occur
if the contract were executed after July 1, .1994.
2. This contract is valid and enforceable only if sufficient funds are made
available by the Budget Act of 1994 for the Fiscal Year 1994-95 for the
purposes of this program. In addition, this contract is subject to any
additional restrictions, limitations, or conditions enacted by the Legislature
and contained in the Budget Bill or any statute enacted by the Legislature
which may affect the provisions, terms, or funding of this contract in any
manner.
3. It is mutually agreed that if the Budget Act of 1994 does not appropriate
sufficient funds for the program, this contract shall be invalid and of no
further force and effect. In this event, the State shall have no.liability to pay
any funds whatsoever to the contractor or to furnish any other
considerations under this contract, and the contractor shall not be
obligated to perform any provisions of this contract.
CHAS Insl,ucllonol Buseun No.03(12/93)