HomeMy WebLinkAboutMINUTES - 01171995 - 1.24 TO: BOARD OF SUPERVISORS t�
FROM: t vMark Finucane, Health Services Director l Co ntra
Costa
DATE: January 5, 1995 County
SUBJECT: Approve Standard Agreement #29-202-56 with the State Department of
Health Services for Family Planning 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 #29-202-56 (State #94-
20156) for the period from July 1, 1994 through June 30, 1997, with
the State Department of Health Services, for the County' s Family
Planning Services. This Standard Agreement provides a maximum
reimbursable amount of $130, 486 per fiscal; year during the term of
the Agreement.
II. FINANCIAL IMPACT:
Approval of this agreement by the State will result in a maximum
reimbursable amount of $130, 486 per fiscal year, for the three-year
term of the contract. This agreement actually encumbers $130,486
for FY 1994-95 only. Funding beyond this fiscal year is contingent
upon the availability of appropriated funds by the Legislature for
this program. No County match is required.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
For many years the County has provided family planning services to
citizens of child-bearing age who would otherwise_ be unable to
obtain these services. Family planning services funded through
this contract are for persons who request such services through
County facilities. The County must bill any other possible payment
source, such as Medi-Cal, before seeking reimbursement from the
State.
The Board Chair should sign nine copies of the agreement. Eight
signed copies of the agreement and three certified/sealed copies of
this Board Order should be returned to the Contracts and Grants
Unit for submission to the State Department of Health Services.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ONJAN APPROVED AS RECOMMENDED. OTHER
VOTE OF SUPERVISORS
`Z 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) �A� 1 7 199.5
CC: Health Services (Contracts) ATTESTED
State Dept. of Health Services Phil Batchelor, Clerk of the Board of
SupeivMrs aW County Administrator
M3e2/7-e3 BY DEPUTY
STATE OF CALIFORNIA
STANDAR, AGREEMENT- ATTORNEY
BY THE Q� CONTRACT NUMBER AMNO.
ATTORNEY GENERAL 94-20156
TAXPAYERS FEDEFAL EWLOYE4 I0EN?IFVC0N NUMBE.,
THIS AGREEMENT,made and entered into this 1st day of July . 19 94, 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 l Department of Health Services hereafter called the State,and
70NTRACTOR'S NAME
COUNTY OF CONTRA COSTA 199 - 202 - 66
,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,
ime for performance or completion,and attach plans and specifications,if any.)
1. TERM
The term of this agreement shall be from July 1, 1994 through June 30, 1997, subject to the provisions
of Paragraph 3. This agreement is of no force and effect unless and until approved by the Department
of General Services, if required.
2. CONTRACT EXHIBITS AND DEFINITIONS
A. The following provisions are attached and made a part hereof by this reference:
(1) Exhibit A(S), consisting of 12 pages and entitled "Additional Provisions", dated January
1991. Paragraph 3 of Exhibit A(S) is amended to substitute "$5,000" for any reference
to 12,500".
(2) Exhibit B, Scope of Work, dated July 1, 1994, consisting of two pages.
(3) EXHIBIT C, Payment Provisions, 7-1-94 to 6-30-95.
:ONTINUED ON SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions on the reverse side hereof constitute apart of this agreement.
N WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written.
STATE OF CALIFORNIA CONTRACTOR
,GENCY CONTRACTOR fit ocher than an individual,stale wOWPW a aorpdah n pairwMa etc.)
Department of Health Services COUNTY OF CONTRA COSTA
1Y(AUTHORIZE SIGNATURE) BY(AUTHORIZED IGNAIURE)
> D
For G
RINTED NAME OF SON SIGNING PRINTED NAME AN TITLE OF PERSON OGNING
Edward E. Stahlberg Chair, Board of Supervisors
TLE ADDRESS
,hief, Program Support Branch 651 Pine Street, Martinez, C 94553
MOUNT ENCUMBERED BY THIS i PROGRAMtCATEGORY(CODE AND TITLE) FUND TITLE Department of General Services
OCUMENT Local Assistance General use only
S 130,486 (OPTIONAL_USE)
'RIOR AMOUNT ENCUMBERED FOR
-4IS CONTRACT 1
0 I i eN CHAPTER 1 STATUTE1 FISCAL YEAR
4260-111-001 139 1994 !1994-95 EXEMPT FROM DGS APPROVAL
OTAL AMOUNT ENCUMBERED TC PER MEMO DATED 10/21/.94.
ATE CS;---c-OF EXPENDITURE(CODE AND TITLE)
94-52423-4945-702-03 $130,486
S 130,486
1 hereby certify upon my own personal tmowiedge that budgeted funds T.B.A.NO. B.R.NO.
are availabi for the period and ourpose of the expenditure stated above. ! CEg 9 1995
GNATUREOF NTING OFFICER I DATE
> • .g i ,44 '
STAN OF GLIFOIMYA
STANDARD AGREEMENT
STD.z(Rev.5-91)(REVERSE) r ,•
1. :he Contractor agrees to indemnify.defend and save harmless the State.its officers,agents and employees
,rom any and all claims and losses accruing or resulting to any and all contractors. subcontractors,
taterialmen.laborers and anv other person,firm or corporation furnishing or supplying wort:services,
aterials or suppues in connection with the performance of this contract.and from anv and all claims and
ses accruing or resulting to any person,firm or corporation who may be injured or damaged be the
lntractor in the performance of this contract_
2. Tl ontractor.and the agents and employees of Contractor,in the performance of the agreement.shall
ac< 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.
S. 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.
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COUNTY OF CONTRA COSTA HEALTH SERVICES/PUBLIC HEALTH 94-20156
(4) EXHIBIT C, Payment Provisions, 7-1-95 to 6-30-96.
(5) EXHIBIT C, Payment Provisions, 7-1-96 to 6-30-97.
(6) Exhibit D, consisting of two pages and entitled "Special Provisions for Office of
Family Planning_Comprehensive Services Contracts", dated July 1, 1994.
(7) Exhibit E, consisting of one page and entitled "Prospective Payment Provisions",
dated July 1, 1994.
(8) Exhibit F, consisting of three pages and entitled "Advance Payment Provisions-
Clinical Service Contractors", dated July 1, 1994.
(9) Exhibit I, consisting of one page and entitled "Nondiscrimination Clause
(OCP-1)", dated (Rev. 2-93).
(10) If any Exhibit C contains an allocation for Clinical Demonstration Program
Services, Exhibit J, consisting of one page and entitled, "Clinical Demonstration
Program Services", dated July 1, 1994.
(11) If any Exhibit C contains an allocation for Expanded Teen Counseling Program
Services, Exhibit K, consisting of one page and entitled "Expanded Teen
Counseling Program Services", dated July 1, 1994.
(12) If any equipment has been purchased or provided by the State, Exhibit A-2,
consisting of one page and entitled "Annual Inventory of State Furnished
Eguipment", HAS 1204, dated (3/94).
B. The Guidebook for Family Planning Services (Guidebook), consisting of 163 pages
numbered A.l.i through B.5.81, dated July 1, 1992 and amended through June 6, 1994,
is hereby made a part of this agreement by this reference. Said Guidebook has been sent'
to the Contractor prior to the Contractor entering into agreement. By signing this
agreement, the Contractor acknowledges receipt and review of said Guidebook. The
Contractor further agrees to abide by and comply with the standards, protocols, and
procedures established by the Department of Health Services and contained in said
Guidebook. Any amendments to the Guidebook shall be made in accordance with
paragraph 24 of the Exhibit A(S). The Contractor agrees that the Office of Family
Planning may make nonsubstantive and grammatical changes to the Guidebook that do
not affect the substance or intent of this agreement, without contract amendment. The
Office of family Planning will notify the Contractor of such changes by written provider
letter.
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COUNTY OF CONTRA COSTA HEALTH SERVICES/PUBLIC HEALTH 94-20156
C. As used in this agreement:
(1) "Comprehensive family planning services" refers to the service types funded
under any Exhibit C of this agreement.
(2) "OFP" refers to the Office of Family Planning.
3. MAXIMUM AMOUNT PAYABLE
The maximum amount payable by the State to the Contractor under this agreement shall not
exceed the amounts stated in Paragraphs 3.A through 3.1) below and may be limited by the
annual appropriation by the Legislature for the Office of Family Planning. No funds allocated
in one fiscal year shall be used for services rendered in a preceding fiscal year or a succeeding
fiscal year.
A. The maximum amount payable under this agreement for services rendered during fiscal
year 1994-95 (July 1, 1994 - June 30, 1995) shall not exceed $130,486.
B. The maximum amount payable under this agreement for services rendered during fiscal
year 1995-96 (July 1, 1995 - June 30, 1996) shall not exceed $130,486.
C. The maximum amount payable under this agreement for services rendered during fiscal
year 1996-97 (July 1, 1996 - June 30, 1997) shall not exceed $130,486.
D. The maximum amount payable under this agreement shall not exceed $391,458.
E. Funds are not presently available for performance under this agreement beyond
June 30, 1995. The State's and Contractor'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 purposes of this agreement can be made and, for
those contractors receiving HIV funds, allocation of funds for HIV Testing and
Counseling Services by the Office of AIDS. No legal liability on the part of the State
for any payment may arise for performance under this agreement beyond
June 30,`.1995 until funds are made available to the State for performance and until the
Contractor receives notice of availability, to be confirmed in writing by the State.
F. If funding for fiscal years 1995-96 or 1996-97 is reduced or deleted by the Legislature
for purposes of this program, the OFP shall have the option to either:
(1) Cancel this agreement pursuant to Paragraph 12, the 30-day cancellation clause;
or,
(2) Offer a contract amendment to the Contractor to reflect the reduced funding for
this agreement.
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COUNTY OF CONTRA COSTA HEALTH SERVICES/PUBLIC HEALTH 94-20156
Office of Family Planning reserves the right to use its sole discretion to select between
these options and to reduce some contracts by a greater amount than other contracts and
to terminate only a portion of the contracts for the same program. In the event of
contract cancellation, Department of Health Services shall have no liability to pay any
funds whatsoever to the Contractor or to furnish any other considerations under this
agreement and the Contractor shall not be obligated to perform any remaining provisions
of this agreement.
G. If any Exhibit C includes funding for HIV counseling and testing services for 1995-96
or 1996-97, and such funds are reduced or deleted by the Legislature or by the
California Office of AIDS for purposes of this program, OFP may delete funding for
only a portion of the contracts or offer an amendment to reflect the reduced funding.
OFP reserves the right to use its sole discretion to reduce some contracts by a greater
amount than other contracts. In the event of contract cancellation, Department of Health
Services shall have no liability to pay any funds whatsoever to,the Contractor or to
furnish any other considerations under this agreement and the Contractor shall not be
obligated to perform any remaining provisions of this agreement.
4. TRANSFER OF FUNDS
A. Contractor agrees that the funds allocated for the service types of any Exhibit C may be
transferredbetween said service types only upon prior written authorization from the
Office of Family Planning. Subject to the review and approval of Office of Family
Planning, individual line item shifts are allowed within any Exhibit C of up to $25,000
or 10 percent of the yearly budget total, whichever is greater, up to a maximum of
$50,000 per year, so long as the contract total neither increases nor decreases. The
Office of Family Planning reserves the right to deny any such request to transfer funds.
The Office of Family Planning also reserves the right to deny any such claim for
reimbursement in excess of the amounts stated in subdivision B of any Exhibit C, if such
claims aresubmitted without the Office of Family Planning's prior written approval.
B. Nothing in Paragraph 4.A shall be construed to allow a change in the maximum amounts
payable to the Contractor, as specified in Paragraph 3.
C. Nothing in Paragraph 4.A shall be construed to allow any changes of reimbursable
amounts for 'family planning service items contained in the Guidebook, Division B,
Part 3, entitled "Schedule of Maximum Allowances".
5. UTILIZATION OF FUNDS
A. The funding provided under this agreement shall be used only for family planning
services. "Family planning" means the process of establishing objectives for the number
and spacing of children, and selecting the means by which those objectives may be
achieved. 'These means include a broad range of acceptable and effective methods and
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COUNTY OF CONTRA COSTA HEALTH SERVICES/PUBLIC HEALTH 94-20156
services to limit or enhance fertility, including contraceptive methods, natural family
planning, abstinence methods, and the management of infertility. Family planning
services include:
(1) Preconceptional counseling;
(2) Maternal and fetal health counseling;
(3) General reproductive health care, including diagnosis and treatment of infections
and conditions, including cancer, which threaten reproductive capability;
(4) Medical treatment and procedures defined as family planning services under the
Medi-Cal scope of benefits;
(5) Medical contraceptive services such as diagnosis, treatment, supplies, and
follow-up; and
(6) Informational and educational services.
Family planning services exclude abortion and services ancillary to abortion, as provided
in Paragraphs 5.13 and 5.0 below. Family planning shall not include abortion, pregnancy
testing solely for the purposes of referral for abortion or services ancillary to abortions,
or pregnancy care which is not incident to the diagnosis of a pregnancy. "Abortion as
a method of family planning" means the deliberate choice of abortion over other methods
to limit the number, gender, and spacing of children, including, but not limited to,
contraception, abstinence, and natural family planning methods.
B. The Contractor agrees that, during the term of this agreement, it will not be a group,
clinic, or organization which, with funds provided by the Office of Family Planning,
advertises,, advocates, or promotes abortion as a method of family planning. The
Contractor further agrees that it shall not receive any fee or other consideration as
payment for referrals for abortion services.
C. The Contractor agrees that no funds received pursuant to this agreement shall be used to
perform abortions. The Contractor agrees that no funds received pursuant to this
agreement shall be used to fund services ancillary to abortion, including, but not limited
to, postabortion examination. The provision of pregnancy testing and counseling, as
provided for in Division A, Part I, of the Guidebook, are not limited by this paragraph.
The Contractor agrees to the termination of the agreement and further agrees to return
to the Department all unexpended funds that have been received from the Department
pursuant to this agreement if the Department finds that the Contractor has violated the
abortion provision herein.
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COUNTY OF CONTRA COSTA HEALTH SERVICES/PUBLIC HEALTH 94-20156
D. Comprehensive Family Planning Services are to be billed at rates according to the
Guidebook for Family Planning Services (Guidebook), Division B, Part 3, "Schedule of
Maximum.Allowances".
E. The Contractor shall utilize the Copayment Fee Schedule provided by the Office of
Family Planning in accordance with the provisions of Part 4, Section I of the Guidebook
commencing on page B.4.1. No person whose documented family income is at or below
100 percent of the federal poverty level shall be subject to copayments.
F. The Contractor shall maintain records and accounts, including property, personnel, and
financial records, in a form, format, and content that ensures proper accounting for all
family planning funds received pursuant to this agreement. These records shall be made
available to the Department of Health Services for examination during normal business
hours, and shall be retained in an easily retrievable location for four years after the
expiration of the agreement, with the exception of patient medical records, which shall
be retained for at least seven years. Records for nonexpendable personal property shall
be retained for three years after final disposition.
G. The Contractor shall obtain the signature of each client receiving services pursuant to this
agreement: that acknowledges, under penalty of perjury, that the client meets and
complies with the income eligibility requirements.
H. Notwithstanding Paragraph 23 of Exhibit A(S), the Contractor shall arrange for an
independent audit of the family planning program. The audit shall be done in accordance
with Department of Health Services directives and with generally accepted accounting
principles'for nonprofit corporations and governmental entities.
6. SCOPE OF WORK
Exhibit B describes the scope of work to be performed under this agreement.
7. CHANGE TO AMOUNT
A. The Contractor agrees that if the Office of Family Planning determines that the amount
payable for any fiscal year specified in paragraph 3 will not be expended in the
appropriate fiscal year, as indicated by site visits,billing/data submissions, and/or change
in the number of clients requesting services, the Office of Family Planning reserves the
right to reduce the amounts payable as specified in paragraph 3 for any fiscal year in
which the underutilization occurs and -to reallocate such unspent funds to other
contractors.
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COUNTY OF CONTRA COSTA HEALTH SERVICES/PUBLIC HEALTH 94-20156
B. The Contractor agrees that, in order for the Department of Health Services to fully utilize
all funds appropriated by the Legislature for family planning services, the Office of
Family Planning may reallocate encumbered but unspent funds from one contractor to
another.
(1) Contractor agrees that if it wishes to receive a share of such reallocated funds,
it shall submit an invoice within 90 days of the end of any fiscal year funded by
this agreement for any services not otherwise reimbursable within the amount
payable for any fiscal year specified in paragraph 3, but which were provided
within the appropriate fiscal year and pursuant to this agreement's terms.
(2) The Contractor further agrees that any payment to Contractor from any
reallocated funds is contingent upon the availability of funds that can be
reallocated from other contractors.
8. INVOICING
The Contractor agrees to invoice monthly. In consideration of the services rendered and
performed in accordance with this agreement, in a manner acceptable to the State, the State shall
reimburse the Contractor monthly in arrears on a fixed percentage rate equivalent to
approximately 1/12 of the comprehensive family planning services allocated per fiscal year, as
specified in Paragraph 3. If the agency receives a prospective or advance payment, the
approximate 1/12 fixed payment shall be calculated from the comprehensive family planning
services allocated per fiscal year, as specified in Paragraph 3 less the prospective or advance
payment granted for that fiscal year. The Office of Family Planning shall, at its discretion, based
upon a reconciliation of expenditures, reserve the right to make adjustments to the fixed
percentage rate to'more accurately reflect the expenditures of the Contractor and in accordance
with the instructions specified in Division B, Part 5, of the Guidebook. Payment shall be made
upon submission of a Transmittal Invoice in accordance with the invoicing instruction specified
in Division B, Part 5, entitled "Billing and Data Instructions", of the Guidebook. Any deviation
from these payment provisions shall be requested in writing and approved in writing by Office
of Family Planning prior to change. Invoices submitted more than 90-calendar days after the end
of the appropriate fiscal year SHALL NOT be honored by the State unless the Contractor has
obtained prior written State approval to the contrary.
9. ADDITIONAL TERMS
A. During the term of this agreement, it is anticipated that the Department of Health
Services will adopt regulations covering eligibility, copayment, contraceptive services,
sterilization services, and infertility services, which are matters addressed in the
Guidebook. If such
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COUNTY OF CONTRA COSTA HEALTH SERVICES/PUBLIC HEALTH 94-20156
regulations are adopted by the Department of Health Services and become effective
during the contract period, those regulations shall take precedence over language on said
subjects addressed in the Guidebook. The Guidebook shall continue to provide
explanation, information, and guidance concerning the Department/Contractor
relationship on unregulated matters.
B. Nothing contained in this agreement is to be construed as to obligate the State to contract
for subsequent years with the Contractor beyond the time period stated in Paragraph 1.
10. FISCAL DOCUMENTATION
Adequate documentation of each service shall be maintained to permit the determination of the
allowability of expenditures reimbursed by the State under this agreement. If the allowability of
expenditures cannot be determined because records or documentation' of the Contractor are
nonexistent or inadequate, according to generally accepted accounting practices, the questionable
cost shall be disallowed by the State. In the event of findings of disallowed cost, the Contractor
has the right to appeal such findings pursuant to the conditions set forth in Paragraph 16 of this
agreement and in Paragraph 22 of the attached Exhibit A(S).
11. CONFLICT OF INTEREST
Contractor agrees that all reasonable efforts will be taken to ensure that its officers, agents, or
employees have no conflict of interest. Contractor shall prevent employees, consultants, or
members of governing bodies from using their positions for purposes that are, or give the
appearance of being, motivated by a desire for private gain for themselves or others, such as
those with whom they have family, business, or other ties. In the event that the State determines
that a conflict of interest situation exists, any increase in costs associated with the conflict of
interest situation may be disallowed by the State and such conflict may constitute grounds for
termination of the agreement. This provision shall not be construed to prohibit employment of
persons with whom the Contractor's officers, agents, or employees have family, business, or
other ties so long as the employment of such persons does not result in increased costs over those
associated with the employment of any other equally qualified applicant, and such persons have
successfully competed for employment with other applicants on a merit basis.
12. TERMINATION
This agreement may be cancelled by either party by giving 30 days advance written notice to the
other party. Notification shall state the effective date of the termination. If.cancelled, the final
billing is due to the Office of Family Planning within 90 days of the effective date of the contract
termination.
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COUNTY OF CONTRA COSTA HEALTH SERVICES/PUBLIC HEALTH 94-20156
13. PROVISION OF INFORMATION
The Contractor shall provide the State with any additional requested information relevant to its
performance under this agreement no later than 21-calendar days after receipt of the State's
written request. If the State's request for additional information, in the opinion of the Contractor,
will result in unbudgeted expense, the Contractor may submit a claim in writing to the address
specified in Exhibit D as follows:
Claim for Adjustment Under Paragraph 13
A. If the requirements of Paragraph 13, "PROVISION OF INFORMATION", cause an
increase in the cost of, or the time required for the performance of, any part of the work
under this agreement, an equitable adjustment shall be made:
(1) In the cost or scope of work or both;
(2) In the amount of any fixed fee to be paid to the Contractor; and
(3) In such other provision(s) of the agreement as may be affected, and the
agreement shall be modified in writing accordingly.
Any claim by the Contractor for adjustment under this clause must be asserted within 21-
calendar days from the date of receipt by the Contractor of the State's written request for
provision of information.
B. Notwithstanding the provision of Paragraph 13.A above, the funds allotted for the
performance of this agreement shall not be increased or deemed to be increased except
by specific written amendment of the agreement indicating the new agreement amount.
Until such amendment is made, the Contractor shall not be obligated to continue
performance or incur costs beyond the amounts established in Paragraph 3 of this
agreement entitled "MAXIMUM AMOUNT PAYABLE".
C. If the Contractor claims an adjustment under this clause within 21-calendar days of
receipt of the State's written request for provision of information, the period of time
allotted under Paragraph 13, "PROVISION OF INFORMATION", shall be extended 21-
calendar days after such time as the State either accepts or rejects the claim.
D. The State shall review the claim to determine its validity. Nothing in this section can be
construed or implied as to guarantee any such payment for claims made.
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COUNTY OF CONTRA COSTA HEALTH SERVICES/PUBLIC HEALTH 94-20156
14. PRIORITY OF PROVISIONS
Where inconsistencies may exist between the numbered paragraphs of this agreement, the
Guidebook,or the attachments hereto,such inconsistencies shall be resolved by giving precedence
in the following order:
Statute
Regulations (as may be in effect)
Standard Agreement
Exhibit A(S)
Exhibit B
Exhibit C
Guidebook for Family Planning Services
Exhibit D
Other Exhibits
15. OFP APPROVAL OF PROJECT DIRECTORS
The Contractor shall notify OFP immediately in writing of any proposed change of the designated
Project Director. OFP shall have the right to approve or disapprove any new proposed Project
Director designated by the Contractor.
16. RESOLUTION OF DIRECT SERVICE CONTRACT DISPUTES
Contract disputes, including audit disputes, are governed by Chapter 2.1, Sections 20201,through
20205, of Title 22 of the California Code of Regulations.
17. EQUIPMENT REPAIR/REPLACEMENT
Any equipment purchased or provided by the State, as specified in Exhibit A-2, shall be state
property and shall be repaired,'at no cost to the State, if damaged while in the possession of the
Contractor. Any equipment purchased or provided by the State shall be replaced at no cost to
the State, with equipment of same or greater value and capability, if it is lost or stolen while in
the possession of the Contractor. Said replacement(s) shall be the property of the State.
18. CLINICAL LABORATORY IMPROVEMENT AMENDMENTS (CLIA)
Contractor agrees that if any performance under this contract or under any subcontract includes
any tests or examination on materials derived from the human body for the purpose of providing
information for the diagnosis, prevention, treatment or assessment of any disease, impairment,
or health of a human being, all the locations at which such examinations are performed shall meet
the requirements of 42 U.S.C. section 263a (CLIA) and the regulations adopted thereunder.
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a ,
'Y
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 $10,000 or more,the provisions of subparagraph b
shall apply.
CMS Instructional Bulletin No.06(1/91)
e
(2) Inventory and Disposition
(a) Contractor shall, at the request of the State, submit an inventory of equipment
furnished or purchased under the terms of this contract. Such inventory will be
required not more frequently than annually.
(b) At the termination of this contract, the Contractor shall provide a final inventory
to the State and shall at that time query the State as to the State's requirements,
including the manner and method, in returning said equipment to the State. Final
disposition of such equipment shall be at state expense in accordance with
instructions from the State to be issued immediately after receipt of the final .
inventory.
(3) Motor Vehicles
(a) If, under the provisions of paragraph a above, any part of such property is motor
vehicles, the State Office of Procurement shall purchase said motor vehicles for
and on behalf of the Contractor. The provisions of clause 5b below are
applicable to this paragraph concerning motor vehicles.
(b) If, under the provisions of paragraphs (2) or(3) above, any part of such property
is motor vehicles, the State author¢es the Contractor to use said motor vehicles
under the terms and conditions of this contract for purposes of this contract only,
and in accordance with the provisions of subparagraphs(c)through(f) below.
(c) It is mutually understood that the State of California shall be the legal owner of
said vehicles and the Contractor shall be the registered owner.
(d) Upon return of such motor vehicles to the State,Contractor shall deliver to State
all necessary documents of title to enable proper transfer of marketable title to
the State.
(e) Contractor agrees that all operators of motor vehicles listed in said agreement
shall hold a valid State of California driver's license. In the event 12 or more
passengers are to be carried in any one vehicle listed in said agreement,a Class 2
driver's license will also be required. ^
(f) Contractor shall furnish to the State a certificate of insurance stating that there is
liability insurance presently in effect for the Contractor of not less than $500,000
per occurrence for bodily injury and property damage liability combined.
The certificate of insurance must include provisions(i)and(ii),stating that:
(i) 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
reincluded as additional insureds, but only insofar as the operations under this
contract are concerned.
Contractor agrees that bodily injury liability insurance herein provided for shall be
in effect at all times during the term of this contract. In the event said insurance
coverage expires at any time or times during the term of this contract,
Contractor agrees to provide at least thirty(30) days prior to said expiration date
a new-certificate of insurance evidencing insurance-coverage as provided for
herein for not less than the remainder of the term of the contract,or for a period
-2-
6
Exhibit A(S)
of not less than one (1) year. New certificates of insurance are subject to the
approval of said Department of General Services,and Contractor agrees that no
work or services shall be performed prior to the giving of such approval. In the
event Contractor fails to keep in effect at all times insurance coverage as herein
provided, State may, in addition to any other remedies it may have, terminate
this contract upon the occurrence of such event.
b. If the Equipment line item budget in this contract is $10,000 or more, the State shall
purchase said equipment through Its Office of Procurement. The cost of procurement of
equipment will be deducted from contract amount. Contractor shall submit to State a
separate list of the equipment specifications. State will pay vendor directly for equipment
purchases, and title to the equipment will remain with the State. The equipment will be
delivered to the Contractor's address as stated in the contract unless notified by
Contractor in writing.
c. (1) Title to state property shall not be affected by the incorporation or attachment
thereof to any property not owned by the State, nor shall such state property, or any
part thereof, be or become a fixture or lose its identity as personality by reason of
affixation to any realty.
(2) State property shall be used only for the performance of this contract.
(3) Unless otherwise provided herein, the State shall not be under any duty or obligation
to restore or rehabilitate, or to pay the cost of the restoration or rehabilitation of the
Contractor's facility or any portion thereof which is affected by removal of any state
property.
(4) The Contractor shall maintain and administer, in accordance with sound business
practice, a program for the utilization,,maintenance, repair, protection, and
preservation of state property so to assure its full availability and usefulness for the
performance of this contract.The Contractor shall take all reasonable steps to comply
with all appropriate directions and instructions which the State may prescribe as
reasonably necessary for the protection of state property.
d. For nonexpendable equipment only. Before equipment purchases made by the Contractor
are reimbursed by the State, the Contractor must submit paid vendor receipts identifying
the purchase price, description of the item, serial number, model number, and location
where equipment will be used during the term of this agreement. Said paid receipts will be
attached to Contractor's invoices submitted to the State.
6. Income Restrictions
The Contractor agrees that any refunds, rebates, credits, or other amounts (including any
interest thereon) accruing to or received by the Contractor under this contract shall be paid by
the Contractor to the State,to the extent that they are properly allocable to costs for which the
Contractor has been reimbursed by the State under this contract.
7. Examination of Accounts,Audit, Records,and Subcontract Language
a. The Contractor shall maintain books, records,documents,and other evidence,accounting
procedures, and practices, sufficient to reflect properly all direct and indirect costs of
whatever nature claimed to have been incurred in the performance of this contract,
including any matching costs and expenses. The foregoing constitutes "records" for the
purposes of this clause.
-3-
b. The Contractor's facility or office or such part thereof as may be engaged in the
performance of this contract and his records shall be subject at all reasonable times to
inspection, audit, and reproduction by the State or any of its duly authorized
representatives.
c. The Contractor shall preserve and make available his records (i) for a period of three years
from the date of final payment under this contract,and (ii)for such longer period,if any,as
is required by applicable statute, by any other clause of this contract;or by subparagraphs
(1)or(2) below.
(1) If this contract is completely or partially terminated, the records relating to the work
terminated shall be preserved and made available for a period of three years from
the date of any resulting final settlement.
(2) If any litigation, claim, negotiation, audit, or other action involving the records has
been started before the expiration of the three-year period, the records shall be
retained until completion of the action and resolution of all issues which arise from it,or
until the end of the regular three-year period,whichever is later.
d. The Contractor further agrees to include in all his subcontracts hereunder a written
agreement with said subcontractor or vendor,the following clause:
"(Name of Vendor or Subcontractor) agrees to maintain and preserve, until three years
after termination of (Contractor's name) agreement or contract with the State of
California, and to permit the State or any of its duly authorized representatives, 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 Facilities
a. The Contractor will not discriminate in the provision of services because of race, color,
creed, national origin, sex, age, or physical or mental handicap as provided by state and
federal law.
-4-
Exhibit A(S)
b. For the purpose of this contract, distinctions on the grounds of race, color, creed, national
origin, sex, age, or physical or mental handicap include, but are not limited to, the
following: denying a participant any service or benefit to a participant which is different,or
is provided in a different manner or at a different time from that provided to other
participants under this contract; subjecting a participant to segregation or separate
treatment in any matter related to his receipt of any service; restricting a participant in any
way in the enjoyment of any advantage or privilege enjoyed by others receiving any
service or benefit; treating a participant differently from others in determining whether he
satisfied any admission, enrollment quota, eligibility, membership, or other requirement or
condition which individuals must meet in order to be provided any service or benefit; the
assignment of times or places for the provision of services on the basis of the race, color,
creed,or national origin of the participants to be served.
c. The Contractor will take affirmative action to ensure that-intended beneficiaries are
provided services without regard to race,color, creed, national origin,sex,age, or physical
or mental handicap.
d. The Contractor agrees that complaints alleging discrimination in the delivery of services by
the Contractor or his or her subcontractor because of race, color, national origin, creed,
sex, age, or physical or mental handicap will be resolved by the State through the
Department of Health Services'Affirmative Action/Discrimination Complaint Process.
e. The Contractor shall, subject to the approval of the Department of Health Services,
establish procedures under which participants of service are informed of their rights to file a
complaint alleging discrimination or a violation of their civil rights with the Department of
Health Services.
f. The Contractor shall operate the program or activity in such a manner that it is readily
accessible to and usable by mentally or physically handicapped persons pursuant to 45
Code of Federal Regulations, Part 84,Sections 84.21 and 84.22.
g. The Contractor shall keep records, submit required compliance reports, and permit state
access to records in order that the State can determine compliance with the
nondiscrimination requirements pursuant to 45 Code of Federal Regulations, Part 80, 84,
and 90,Sections 80.6,84.61,and 90.42.
11. Final Invoice—Final Report—Retention of Funds
If a final report is required by this contract, 10 percent of the face amount of the contract or 50
percent of the final invoice, whichever is the larger amount, but not to exceed $3,000,shall be
withheld until after receipt by the State of a report satisfactory to the State.
12. Officials Not to Benefit
No member of or delegate to Congress or the State Legislature shall be admitted to any share
or part of this contract, or to any benefit that may arise therefrom; but this provision shall not be
construed to extend to this contract if made with a corporation for its general benefit.
13. Rights in Data
a. Subject Data. As used in this clause, the term "Subject Data" means writings, sound
recordings, pictorial reproductions, drawings, designs or graphic representations,
procedural manuals, forms, diagrams, work flow charts, equipment descriptions, data files
and data processing or computer programs, and works of any similar nature (whether or
-5-
not copyrighted or copyrightable) which are first produced or developed under this
contract. The term does not include financial reports,cost analyses, and similar information
incidental to contract administration.
b. federal Government and State Rights.Subject only to the provisions of c below,the Federal
Government and State may use, duplicate, or disclose in any manner and for any purpose
whatsoever, and have or permit others to do so, all Subject Data delivered under this
contract.
c. License to Copyrighted Data. In addition to the Federal Government and State rights as
provided in b above, with respect to any subject data which may be copyrighted, the
Contractor agrees to and does hereby grant to the Federal Government and State a
royalty-free, nonexclusive, and irrevocable license throughout the world to use, duplicate,
or dispose of such data in any manner for State or Federal Government purposes and to
have or permit others to do so. Provided, however, that such license shall be only to the
extent that 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=-)
The Contractor agrees under penalty of perjury(it,he,she) is not in violation of any order or
resolution which is not subject to review promulgated by the State Air Resources Board or
an air pollution district.
The Contractor agrees under penalty of perjury (it, he, she) is not subject to a cease and
desist order which is not subject to review issued pursuant to Section 13301 of the Water
Code for violation of waste discharge requirements or discharge prohibitions,or is not finally
determined to be in violation of provisions of federal law relating to air or water pollution.
b. (Applicable only if the contract or subcontract exceeds $100,000 or the contract is not
otherwise exempt under 40 CFR 15.5.)
The Contractor agrees as follows:
(1) To comply with all the requirements of Section 114 of the Clean Air Act as amended
(42 U.S.C. 7401 et seq., as amended by Public Law 95-95) and Section 308 of the
Federal Water Pollution Control Act(33 U.S.C. 1251 et seq.,as amended by Public Law
92-500), respectively,relating to inspection, monitoring, entry, reports, and information
as well as all other requirements specified in Section 114 and Section 308 of the Air Act
and the Water Act, respectively, and all regulations and guidelines issued to
implement those Acts before the award of this contract.
(2) That no portion of the work required by this contract will be performed in a facility
listed on the Environmental Protection Agency List of Violating Facilities on the date
when this contract was awarded unless and until the Environmental Protection
Agency eliminates the name of such facility or facilities from such listing.
-6-
Exhibit A(S)
(3) To use his best efforts to comply with clean air standards and clean water standards at
the facility in which the contract is being performed. The terms used in this paragraph
have the following meanings:
(a) The term "clean air standards" means any enforceable rules, regulations,
guidelines, standards, limitations, orders, controls, or prohibitions or other
requirements which are contained in, issued under, or adopted pursuant to the
Clean Air Act.
(b) The term "clean water standards" means any enforceable limitation, control,
condition, prohibition, standard, or other requirement which is promulgated
pursuant to the Clean Water Act or contained in a permit issued to a discharger
by EPA or by the State under an approved program as authorized by Section 402
of the Clean Water Act (33 U.S.C. 1342), or by a local government to ensure
compliance with pretreatment regulations as required by Section 307 of the
Clean Water Act(33 U.S.C. 1317)and regulations issued pursuant thereto.
(c) In addition to compliance with clean air and water standards, the term
compliance shall also mean compliance with a schedule or plan ordered or
approved by a court of competent jurisdiction, the Environmental Protection
Agency, or an air or water pollution control agency in accordance with the
requirements of the Clean Air Act and the Federal Water Pollution Control Act.
(4) As a condition for the award of a contract,the applicant or contractor shall notify the
State of the receipt of any communication from the Assistant Administrator for
Enforcement, U.S. EPA indicating that a facility to be utilized for the contract is under
consideration to be listed on the EPA List of Violating Facilities. Prompt notification shall
be required prior to contract award.
(5) To report violations to the State and to the Assistant Administrator for Enforcement.
(6) To insert the substance of the provisions of paragraph b into any nonexempt
subcontract, including this paragraph b(6), and to take such action as the Federal
Government may direct as a means of enforcing such provisions.
16. Utilization of Small Business and Minority and Women Owned Business Enterprises
a. It is a federal policy to award a fair share of contracts to small, minority, and women
owned business firms. The State Legislature has declared that a fair proportion of the total
purchases and contracts or subcontracts for property and services for the State be placed
with small minority and women owned business enterprises.
b. A firm shall qualify as a small business if it meets the requirements specified in Government
Code,Section 14837.
c. The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to
the fullest extent consistent with efficient contract performance. As used in this contract,
the term "minority business enterprise" means a business concern (a) which is at least 51
percent owned by one or more minority group members or women, or in the case of a
publicly owned business,at least 51 percent of the stock of which is owned by one or more
minority group members or women; and (b) whose management and daily business
operations are controlled by one or more such individuals. A minority group member is a
person who is Black, Asian, Hispanic, Filipino, Polynesian, American Indian, or Alaskan
Native. "Control," as used in this clause, means exercising the power to make policy
decisions.
-7-
d. Contractors acting in good faith may rely on written representations by their subcontractors
regarding their status as minority business enterprises in lieu of an independent
investigation.
17. Printing
If printing or other reproduction work of more than an incidental and minor dollar amount is a
reimbursable item in this contract, it shall be printed or produced by the State Printer. The State
Printer may, at his sole option, elect to forego said work and delegate the work to the private
sector. If the State Printer prints or produces 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-
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 court which orders the Contractor to comply with an
order of the National Labor Relations Board.
21. Documents and Written Reports
Any document or written report prepared as a requirement of this agreement shall contain, in a
separate section preceding the main body of the document,the number and dollar amounts
of all contracts and subcontracts relating to the preparation of such document or report, if the
total cost for work by nonemployees of the State exceeds$5,000.
22. Resolution of Direct Service Contract Disputes
a. If Contractor believes there is a dispute or grievance between the Contractor and the
State,the procedures set.forth in Chapter 2.1,Sections 20201 through 20205, of Title 22, of
the California Code of Regulations,shall be followed.
b. If the Contractor wishes to appeal the decision of the Deputy Director for Public Health or
his/her designee, the Contractor shall follow the procedures set forth in Division 25.1
(commencing with Section 38050) of the Health and Safety Code and the regulations
adopted thereunder. (Title 1, Subchapter 2.5, commencing with Section 251, California
Code of Regulations.)
c. Disputes arising out of an audit or examination of a contract not covered by subdivision (a)
of Section 20204, of Chapter 2.1, Title 22, of the California Code of Regulations, and for
which no procedures for appeal are provided in statute,regulation,or the contract shall be
handled in accordance with the procedures identified in Sections 51016 through 51047,
Title 22,California Code of Regulations.
23. Financial and Compliance Audit of Nonprofit Entities
(Applicable only if Contractor is a nonprofit entity)
a. Definitions within this paragraph are defined in Section 38040 of the Health and Safety
Code,which,by this reference,is made a part hereof.
b. Contractor agrees to obtain an annual single,organization-wide financial and compliance
audit. The audit shall be conducted in accordance with the requirements 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
-9-
section which exempts from Federal audit requirements any nonprofit institution receiving
less than $25,000 per year.
f. The cost of such audit may be included in the funding for this contract up to the
proportionate amount this contract represents of the Contractor's total revenue.
g. The State, or its authorized designee including the Auditor-General, is responsible for
conducting contract performance audits which are not financial and compliance audits.
h. Nothing in this contract limits the State's responsibility or authority to enforce State law or
regulations,procedures,or reporting requirements arising pursuant thereto.
I. Nothing in this paragraph limits the authority of the State to make audits of this contract,
provided, however,that if independent audits arranged for by Contractor meet generally
accepted governmental auditing standards, the State shall rely on those audits and any
additional audit work shall build upon the work already done.
j. The State may, at its option, direct its own auditors to perform the single audit described in
OMB Circular A-133. The State's auditors shall meet the independence standards specified
in Government Auditing Standards. The audit shall be conducted in accordance with OMB
Circular A-133 so as to satisfy all State and Federal requirements for a single organization-
wide audit.
. 24. Contract Amendments
a. . This contract may be amended by mutual agreement between the parties and, if required
by Government Code, Section 11010.5, or Public Contract Code, Section 10366, the
amendment shall be subject to the approval of the Department of General Services,unless
otherwise exempted.
b. If any amendment to this contract has the effect of increasing the monetary amount of
the contract or an agreement by the State to indemnify or save harmless the Contractor,
his agents or employees, the amendment shall be approved by the Department of
General Services,unless otherwise exempted.
25. Evaluation of Contractors
The Contractor's performance under this contract shall be evaluated at the conclusion of the
term of this contract. The evaluation shall include,but not be limited to:
a. Whether the contracted work or services were completed as specified in the contract and
reasons for and amount of any cost overruns.
b. Whether the contracted work or services met the quality standards specified in the
contract.
c. Whether the Contractor fulfilled all requirements of the contract.
d. Factors outside the control of the Contractor which caused difficulties in Contractor
performance. Factors outside the control of the Contractor shall not include
subcontractor's poor performance.
The evaluation of the Contractor shall not be a public record.
- 10-
c ,
Exhibit A(S)
26. Conflict of Interest—Current and Former State Employees
a. Current State Officers and Employees
(1) Contractor shall not utilize in the performance of this contract any state officer or
employee in the state civil service or other appointed state official unless the
employment, activity, or enterprise is required as a condition of the officer or
employee's regular state employment. Employee in the state civil service is defined to
be any person legally holding a permanent or intermittent position in the state civil
service.
(2) If any state officer or employee is utilized or employed in the performance of this
contract, Contractor shall first obtain written verification from the State that the
employment, activity, or enterprise is required as a condition of the officer's,
employee's, or official's regular state employment and shall keep said verification on
file for three years after the termination of this contract.
(3) Contractor may not accept occasional work from any currently employed state
officer,employee,or official.
(4) If Contractor accepts volunteer work from any currently employed state officer,
employee,or official,Contractor may not reimburse,or otherwise pay or compensate,
such person for expenses incurred, including, without limitation, travel expenses, per
diem,or the like,in connection with volunteer work on behalf of Contractor.
(5) Contractor shall not employ any state officers,employees,or officials who are on paid
or unpaid leave of absence from their regular state employment.
(6) Contractor or anyone having a financial interest in this contract may not become a
state officer, employee, or official during the term of this contract. Contractor shall
notify each of its employees, and any other person having a financial interest in this
contract that it is unlawful under Public Contract Code Section 10410 for such person
to become a state officer, employee, or official during th term of this contract unless
any relationship with the Contractor giving rise to a financial interest, as an employee
or otherwise,is first terminated.
(7) Occasional or one-time reimbursement of a state employee's travel expenses is not
acceptable.
(Citation: Public Contract Code Section 104 10)
b. Former State Officers and Employees
(1) Contractor shall not utilize in the performance of this contract any formerly employed
person of any state agency or department that was employed under the state civil
service, or otherwise appointed to serve in the state government, if that person was
engaged in any negotiations,transactions, planning,arrangement, or any part of the
decision-making process relevant to the contract while employed in any capacity by
any state agency or department. This prohibition shall apply for a two-year period
beginning on the date the person left state employment.
(2) Contractor shall not utilize within 12 months from the date of separation of services, a
former employee of the contracting state agency or department if that former
employee was employed in a policy making position in the some general subject
area as the proposed contract within the 12-month period prior to the employee
leaving state service.
(Citation: Public Contract Code,Section 10411)
— 11 —
Exhibit A(S)
c. Failure to Comply with Subparts(a)or(b)
If Contractor violates any provision of subparts a or b above, such action by Contractor
shall render this contract void, unless the violation is technical or nonsubstantive.
(Citation: Public Contract Code,Section 10420)
27. Contractor Name Change
Contractor shall provide a written notice to the State at least 30 days prior to any changes to
the Contractor's current legal name.
28. Novation
If the Contractor proposes,any novation agreement, the State shall act upon the proposal
within 60 days after receipt of the written proposal. The State may review and consider the
proposal, consult and negotiate with the Contractor, and accept or reject all or part of the
proposal. Acceptance or rejection may be made orally within the 60-day period, and
confirmed in writing within five days.
29. Drug-Free Workplace
Contractor certifies to the State that it will provide a drug-free workplace by doing all of the
following:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance is prohibited in the person's or
organization's workplace and specifying the actions that will be taken against employees
for violations of the prohibition.
b. Establishing a drug-free awareness program to inform employees about all of the following:
(1) The dangers of drug abuse in the workplace.
(2) The person's or organization's policy of maintaining a drug-free workplace.
(3) Any available drug counseling,rehabilitation,and employee assistance programs.
(4) The penalties that may be imposed upon employees for drug abuse violations.
c. Requiring that each employee engaged in the performance of the contract or grant be
given a copy of the statement required by subdivision a and that, as a condition of
employment on the contract or grant,the employee agrees to abide by the terms of the
statement.
d. Contractor agrees this contract may be subject to suspension of payments or termination
of this contract,or both,and the Contractor may be subject to debarment,in accordance
with the requirements of the Government Code, Section 8350 et seq., if the Department
determines that any of the following has occurred:
(1) The Contractor or grantee has made a false certification.
(2) The Contractor violates the certification by failing to carry out the requirements of
subdivisions a through c above.
- 12-
EXHIBIT B
SCOPE OF WORK
1. The Contractor agrees to provide comprehensive family planning services in accordance with the
Guidebook for Family Planning Services (Guidebook).
2. The Contractor agrees to provide comprehensive family planning services to persons who
voluntarily request such services and are certified as eligible according to procedures established
in the Guidebook and who meet the requirements of Section 14503 of the Welfare and Institutions
Code and any applicable eligibility requirements.
3. If any Exhibit C contains an allocation for Female Sterilization, the contractor agrees to:
A. Provide sterilization services to females who voluntarily request such services and who
are certified as eligible according to procedures established by the State. Sterilization
services shall be provided in accordance with the "Standards for Female Sterilization
Services", as contained in the Guidebook for Family Planning Services, Division A,
Part 2.
B. Provide clients with the appropriate Department of Health Services (Department) booklet
(A or C) on female sterilization.
C. Utilize an informed consent procedure requiring a thirty (30) day waiting period,
waivable to 72 hours under circumstances specified in Title 22, Division 5, Sections
70707.1 through 70707.8 of the California Code of Regulations.
D. Utilize the Department's Consent for Sterilization form.
E. Provide reports as required by the Department.
Compliance with the procedures found in Title 22, Division 5, Sections 70707.1 through 70707.8
of the California Code of Regulations will constitute compliance with the above requirements.
The signed copy of the informed consent document shall be retained by the Contractor for a
period of not less than five (5) years and copies of the signed consent document must be provided
to the State upon request.
4. If any Exhibit C contains an allocation for Male Sterilization, the contractor agrees to:
A. Provide sterilization services to males who voluntarily request such services and who are
certified as eligible according to procedures established by the State. Sterilization
services shall be provided in accordance with the "Standards for Female Sterilization
Services", as contained in the Guidebook for Family Planning Services, Division A,
Part 2.
July 1, 1994 Page 1 of 2
EXHIBIT B (Continued)
B. Provide clients with the appropriate Department of Health Services (Department) booklet
(B or D) on male sterilization.
C. Utilize an informed consent procedure requiring a thirty (30) day waiting period,
waivable to 72 hours under circumstances specified in Title 22, Division 5, Sections
70707.1 through 70707.8 of the California Code of Regulations.
D. Utilize the Department's Consent for Sterilization form.
E. Provide reports as required by the Department.
Compliance with the procedures found in Title 22, Division 5, Sections 70707.1 through 70707.8
of the California Code of Regulations will constitute compliance with the above requirements.
The signed copy of the informed consent document shall be retained by the Contractor for a
period of not less than five(5) years and copies of the signed consent document must be provided
to the State upon request.
5. If any Exhibit C contains an allocation for Expanded Teen Counseling services, the Contractor
agrees to utilize the Expanded Teen Counseling Program funds to perform the Expanded Teen
Counseling Program activities contained in the Scope of Work, Expanded Teen Counseling
Program, submitted to, and approved by, the Office of Family Planning.
6. If any Exhibit C contains an allocation for Clinical Demonstration services, the Contractor agrees
to utilize the Clinical Demonstration Program funds to perform the Clinical Demonstration
Program activities contained in the Scope of Work, Clinical Demonstration Program, submitted
to, and approved by, the Office of Family Planning.
7. If any Exhibit C contains an allocation for HIV Antibody Testing and Counseling services, the
Contractor agrees to utilize the HIV Antibody Testing and Counseling funds to provide HIV
Antibody Testing and Counseling in accordance with the Guidebook. Contractor agrees to utilize
HIV certified counselors for the provision of the services. Contractor further agrees to submit
HIV testing protocols to the Department of Health Services prior to the initiation and testing, and
agrees that services shall be in accordance with approved protocols.
Page 2 of 2
July 1, 1994
COUNTY OF CONTRA COSTA HEALTH SERVICES/PUBLIC HEALTH 94-20156
July L. 1994
EXHIBIT C
PAYMENT PROVISIONS
JULY 1, 1994 - JUNE 30, 1995
YEAR 1
A. The Contractor shall have general spending authority at rates not to exceed those published in the
Guidebook for Family Planning Services, Part 3, entitled "Schedule of Maximum Allowances".
These payment provisions shall further be governed by the appropriate "Standards" in the
Guidebook, Division A.
B. The maximum amounts payable shall be allocated as follows:
1. The Contractor shall have spending authority for providing contraceptive and pregnancy
testing services. The maximum amount shall not exceed $130,486.
Page 1 of 1
COUNTY OF CONTRA COSTA HEALTH SERVICES/PUBLIC HEALTH 94-20156
July 1, 1994
EXHIBIT C
PAYMENT PROVISIONS
JULY 1, 1995 - JUNE 30, 1996
YEAR 2
A. The Contractor shall have general spending authority at rates not to exceed those published in the
Guidebook for Family Planning Services, Part 3, entitled "Schedule of Maximum Allowances".
These payment provisions shall further be governed by the appropriate "Standards" in the
Guidebook, Division A.
B. The maximum amounts payable shall be allocated as follows:
1. The Contractor shall have spending authority for providing contraceptive and pregnancy
testing services. The maximum amount shall not exceed $130,486.
Page 1 of 1
COUNTY OF CONTRA COSTA HEALTH SERVICES/PUBLIC HEALTH 94-20156
July 1, 1994
EXHIBIT C
PAYMENT PROVISIONS
JULY 1, 1996 - JUNE 30, 1997
YEAR 3
A. The Contractor shall have general spending authority at rates not to exceed those published in the
Guidebook for Family Planning Services, Part 3, entitled "Schedule of Maximum Allowances".
These payment provisions shall further be governed by the appropriate "Standards" in the
Guidebook, Division A.
B. The maximum amounts payable shall be allocated as follows:
1. The Contractor shall have spending authority for providing contraceptive and pregnancy
testing services. The maximum amount shall not exceed $130,486.
Page 1 of 1
EXHIBIT D
SPECIAL PROVISIONS FOR
OFFICE OF FAMILY PLANNING COMPREHENSIVE SERVICE CONTRACTS
1. Reporting Requirements
The Contractor agrees to comply with all reporting requirements, as published in the Guidebook
for Family Planning Services, Division B, Part 5, entitled "Billing and Data Instructions".
The Contractor agrees to report to the Office of Family Planning all comprehensive family
planning services provided in whole or in part with funds granted in this contract. The
Contractor agrees to report to the Office of Family Planning all comprehensive family planning
services provided by the agency regardless of funding source.
Reimbursement under this contract is contingent upon full compliance with these reporting
requirements and final reimbursement may be withheld until all such required reports have been
submitted to the State.
2. Correspondence Address
All correspondence is to be sent to:
Office of Family Planning
Department of Health Services
714 P Street, Room 440
P.O. Box 942732
Sacramento, CA 94234-7320
3. Third-Party Reimbursement
The Contractor shall bill any third-party payors for services to clients and shall exhaust all such
payment sources prior to billing for said services under this agreement.
4. Availability of Services
The Contractor shall fully inform the public as to the availability of any services provided under
this agreement including the type of services offered, the eligibility criteria for receiving services,
the time and place the services are available, and the fact that the services are in whole or in part
supported by funds from the State of California, Department of Health Services, Office of Family
Planning.
Page 1 of 2
July 1, 1994
EXHIBIT D (Continued)
5. Adherence to Standards and Re lgu a`tions
a. Services provided under the terms of this agreement are to be in accordance with the
provisions in the Guidebook for Family Planning Services, Division A.
b. The Contractor shall comply with all laws and regulations for licensure and Medi-Cal
certification.
6. Client Sites
The Contractor shall notify the Office of Family Planning in writing and receive written approval
prior to establishing, deleting or moving Office of Family Planning funded clinic sites. The
Contractor shall notify the Office of Family Planning in writing prior to establishing, deleting or
moving any other clinic site.
Page 2 of 2
July 1, 1994
Exhibit E '
PROSPECTIVE PAYMENT PROVISIONS
Under Section 38080 of the Health and Safety Code, the Department may, after an award has been made
and prior to full execution of the agreement, certify to the Controller that an agreement has been
awarded, identifying the name of the agency (contractor)to which the award has been made, the amount
approved by the Department for funding the agreement, and any other information as may be required
by the Controller. The Department may present a claim to the Controller for payment to the agency of
an amount not exceeding 25 percent of the funding approved for the first fiscal year of the agreement.
Any such prospective payment is only available once: after funds are appropriated by the Legislature and
prior to the full approval of the agreement. No prospective payments are therefore available in the
second or third year of this multi-year agreement.
If the Department has provided a prospective payment to the Contractor, as evidenced by an invoice
submitted by Contractor to the State to obtain a prospective payment, the following provisions govern
the repayment of the prospective payment:
A. The prospective payment shall be repaid by Contractor no later than the end of the first fiscal
period of this agreement.
B. Subject to paragraph C, below, the prospective payment shall be liquidated through either
monthly or quarterly withholdings of approximately equal proportions,with the final withholding
equal to the balance remaining. The liquidation shall begin with the first payment to the
Contractor under the agreement. The Department will utilize either monthly or quarterly
liquidation based upon the Contractor's regular method of submitting invoices.
1. For contracts with the first fiscal period covering a full twelve months in which a
prospective payment is made, the prospective payment shall be liquidated through ten
(10) monthly withholdings if the contractor invoices monthly, or through three (3)
quarterly withholdings if the contractor invoices quarterly.
2. For contracts with the first fiscal period, covering less than twelve months in which a
prospective payment is made, the prospective payment shall be liquidated through
monthly withholdings determined by the number of months in the first fiscal period of
the contract, less two months, if the contractor invoices monthly, or through quarterly
withholdings determined by the number of quarters in the first fiscal period of the
contract, less one quarter, if the contractor invoices quarterly.
3. The Contractor may, at any time, repay all or any part of the prospective payment.
C. If the Department determines, at any time during the fiscal period, that the balance of the
remaining funds under this agreement may not support the full liquidation of the prospective
payment through the above monthly or quarterly liquidation, the Department may, upon written
notice to the Contractor, withhold further payments otherwise due or that may become due to the
Contractor from the State under this agreement and apply such funds to the liquidation of the
prospective payment. If there are not sufficient invoices to completely clear the liability, the
balance must be repaid by Contractor to the Department.
D. Any prospective payment shall be fully liquidated before the Contractor may receive an advance
payment under this agreement.
July 1, 1994 Page 1 of 1
i
t n
EXHIBIT F
ADVANCE PAYMENT PROVISIONS
CLINICAL SERVICE CONTRACTORS
The State, if it determines that an advance payment to the Contractor is
necessary. so that services under this contract can be performed, and finding that
such advance payment is in the public interest, may authorize the issuance of one
advance payment per fiscal year under Section 14502 of the Welfare and
Institutions Code. Such advance payments are available after approval of the
State budget and after this contract is fully approved. No advance payment is
available until any prospective payment is fully liquidated.
A. REOUEST FOR ADVANCE
The Contractor shall request the advance payment by letter to the Chief,
Office of Family Planning (OFP) .
B. AMOUNT
The amount advanced for each fiscal year shall not exceed 12.4 percent of
the contract amount for the fiscal year.
C. USE OF FUNDS
Funds advanced pursuant to this agreement shall be used solely for the
purpose of making payments for items of allowable cost as defined in the
payment provisions of the contract. Any interest accruing from funds
advanced through this agreement shall be identified and returned to the
State by September 30 following the fiscal year the advance was made. The
check shall be payable to the Department of Health Services at the
following address:
Department of Health Services
Attn: Cash Control Supervisor
Accounting Section
714 P Street, Room 1092
P.O. Box 942732
Sacramento, CA 94234-7320
The check returning interest earned must have the following information on
the face of the check:
OFP CONTRACT #
INTEREST EARNED ON ADVANCE PAYMENT ACCOUNT
OFP shall also be notified in writing, within ten (10) days of deposit,
that advance payment funds have been placed in an interest bearing
account.
July 1, 1994 Page 1 of 3
r
EXHIBIT F, (Continued)
D. LIQUIDATION OF ADVANCE
1. Any funds advanced under this contract for a fiscal period shall be
liquidated by the Contractor by the end of the fiscal year in which
the advance payment is made.
2. The advance payment shall be liquidated through either monthly or
quarterly withholdings of approximately equal proportions, with the
final withholding equal to the balance remaining. The withholdings
shall commence on the third payment of the fiscal year if Contractor
bills monthly or the second payment if the Contractor bills
quarterly. OFP will utilize either monthly or quarterly liquidation
based upon the Contractor's regular method of submitting invoices.
a. For fiscal years covering a full twelve months in which an
advance payment is made, the advance payment shall be
liquidated through nine (9) monthly withholdings if the
Contractor invoices monthly, or through two (2) quarterly
withholdings if the Contractor invoices quarterly.
b. For fiscal years covering less than twelve months in which an
advance payment is made, the advance payment shall be
liquidated through monthly withholdings determined by the
number of months in the fiscal year, less two months, if the
Contractor invoices monthly, and through quarterly
withholdings determined by the number of quarters in the
fiscal year, less one quarter, if the Contractor invoices
quarterly.
3. Any deviations to this schedule must be approved in writing in
advance by the Chief, Office of Family Planning.
4. The Contractor may, at any time, repay all or any part of the funds
advanced hereunder.
E. RETURN OF FUNDS
If the Department determines, at anytime during the fiscal year, that the
balances of the remaining funds under this agreement may not support the
full liquidation of the advance payment through the above monthly or
quarterly liquidation, the Department may, upon written notice to
Contractor, withhold further payments otherwise due or that may become due
to the Contractor under this Agreement and apply such funds to the
liquidation of the advance payment. If there is not sufficient invoices
to completely clear the liability, the balance must be repaid by
Contractor to the Department.
July 1, 1994 Page 2 of 3
R
EXHIBIT F, (Continued)
F. SEPARATE BANK ACCOUNT
Until the advance payment made hereunder is liquidated and the State
approves in writing the release of funds due and payable to the
Contractor, the advance payment, and all other payments under the
contract, shall be made by check payable to the Contractor and be
marked for deposit only in a separate bank account with the bank mutually
agreed upon by the State and Contractor.
G. INSURANCE
The Contractor shall, upon notice, present documentation' that the
contractor is maintaining with responsible insurance carriers:
1. Adequate general liability insurance payable to the State in the
amount of the advance.
2. Advance payment fidelity bonding.
3. Medical malpractice insurance payable to the State in the amount of
the advance (.if direct medical services are provided) .
4. Adequate insurance upon any materials, parts, supplies, equipment
and other property acquired for (or allocable to) the contract with
State provided funds..
Contractor agrees that until the advance payment made hereunder has been
liquidated, the Contractor will maintain insurance as described in 1
through 4 of this paragraph and will furnish documentation with respect to
the insurance as the State may from time to time require.
July 1, 1994 Page 3 of 3
STATE OF CALIFORNIA
NONDISCRIMINATION CLAUSE (OCP-1) EMBIT I
STD.17A(REV.2.93)
1. During the performance of this contract,contractor and its subcontractors shall not unlawfully discriminate,
harass or allow harassment,against any employee or applicant for employment because of sex,race,color,
ancestry,religious creed,national origin,physical disability(including 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(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.
Page 1 of 1
•
EXIBBIT J
CLINICAL DEMONSTRATION PROGRAM SERVICES
1. The Contractor's utilization of Clinical Demonstration Program services funding is subject to the
following conditions:
a. Clinical Demonstration Program activities shall be billed monthly, in arrears, on agency
letterhead,.stating the agency name and address, as shown on the contract, the contract
number, and the expense period. A one-line statement showing the amount billed for this
expense period must be shown (i.e., Clinical Demonstration Services
$ . ) on the invoice. The billing document shall contain an
authorized signature.
b. The billing package must include the above-referenced invoice and a line-item budget
expenditure report for the expense period in accordance with the line-item budget
submitted and approved by the Office of Family Planning for these services.
2. Clinical Demonstration Program services shall be consistent with the scope of work requirements
stated in Exhibit B and shall not exceed the maximum amount payable specified in any
Exhibit C.
3. Contractor shall complete and submit quarterly progress reports and a final report by their due
dates. Quarterly progress reports shall be due or postmarked no later than October 31 for the
period July 1 to September 30; January 31 for the period October 1 to December 31; and
May 1 for the period January 1 to March 31, unless otherwise specified by Office of Family
Planning. A final report shall be cumulative-and shall be due July 31 for the full fiscal year
period from July 1 to June 30.
The content of these reports shall include, but not be limited to:
(a) Progress accomplished on each contract objective, including a summary of both
implementation and evaluation activities;
(b) Progress on activity schedules, major problems encountered and proposed solutions, and
issues requiring technical assistance or consultation for each contract objective; and
(c) Data on clients served for outreach and clinical services, professional counseling,
referrals and follow-up as specified by Office of Family Planning.
Two copies of each progress report shall be furnished to the Chief, Office of Family Planning.
Agencies that do not submit progress reports in a timely manner may have their invoices withheld
from payment until the progress payments are received.
Page 1 of 1
July 1, 1994
EXHIBIT K
EXPANDED TEEN COUNSELING PROGRAM SERVICES
1. The Contractor's utilization of Expanded Teen Counseling Program services funding is subject
to the following conditions:
a. Expanded Teen Counseling Program activities shall be billed monthly, in arrears, on
agency letterhead, stating the agency name and address, as shown on the contract, the
contract number, and the expense period. A one-line statement showing the amount
billed,for this expense period must be shown (i.e., Expanded Teen Counseling Services
$ 1 on the invoice. The billing.document shall contain an authorized
signature.
b. The billing,package must-include the above-referenced invoice and a line-item budget
expenditure report for the expense period in accordance with the line-item budget
submitted and approved by the Office of Family Planning for these services.
2. Expanded Teen Counseling Program services shall be consistent with the scope of work
requirements stated in Exhibit B and shall not exceed the maximum amount payable specified in
any Exhibit C.
3. Contractor shall complete and submit quarterly progress reports and a final report by their due
dates. Quarterly progress reports shall be due or postmarked no later than October 31 for the
period July I to September 30; January 31 for the period October 1 to December 31; and
May 1 for the period January 1 to March 31, unless otherwise specified by Office of Pamily
Planning. A final report shall be cumulative and shall be due July 31 for the full fiscal year
period from July I to June 30.
The content of these reports shall include, but not be limited to:
(a) Progress accomplished on each contract objective, including a summary of both
implementation and evaluation activities;
(b) Progress on activity schedules, major problems encountered and proposed solutions, and
issues requiring technical assistance or consultation for each contract objective; and
(c) Data on clients served for outreach and clinical services, professional counseling,
referrals and follow-up as specified by Office of Family Planning.
Three copies of each progress report shall be furnished to the Chief, Office of Family Planning.
Agencies that do not submit progress reports in a timely manner may have their invoices withheld
from payment until the progress payments are received.
Page 1 of 1
July 1, 1994
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