HomeMy WebLinkAboutMINUTES - 04251995 - 1.78 / , 79To: BOARD OF SUPERVISORS
Contra
FROM: Mark Finucane, Health Services Director
Costa}
DATE: April 7,. 1995 County
SUBJECT: Approve Standard Agreement #29-265-31 with the State Department
of Health Services
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
Approve and authorize the Chair, Board of Supervisors, to execute on
behalf of, the County, Standard Agreement #29-265-31 (State #94-19548)
with the State Department of Health Services, in the amount of
$983,771, for the period from July 1, 1994 through June 30, 1995, for
r' the Maternal and Child Health County Allocation/Black Infant
Health/Comprehensive Perinatal Improvement Program.
II. FINANCIAL IMPACT:
Approval of 'this agreement will result in a maximum of $983, 771 from
the State (Federal Block Grant #93 .994) for this program during FY
1994-95.
State Allocation . . . . . . . . . . . . . . . . $ 328,841
Federal Funds. . . . . . . . . . . . . . . . . . . . 654,930
Required County Match. . . . . . . . . . . . $ 333 , 608
TOTAL PROGRAM $1,317,379
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
On September 13 , 1994 , the Board of Supervisors approved submission of
a Funding Application with the State Department of Health Services for
continuation of the Maternal and Child Health and Perinatal
Improvement Program through June 30, 1995. Standard Agreement #29-
265-31 is the result of that application. This program is also
responsible for maintaining the MCH Toll Free Referral System, the
Perinatal Care Guidance Program, Comprehensive Perinatal Outreach and
the Black Infant Health Program.
The Board Chair should sign eight copies of the agreement, including
the Certification Regarding Lobbying. Seven copies of the agreement
andst even sealed/certified copies of this Board Order should be
returned to the Contracts and Grants Unit.
CONTINUED ON ATTACHMENT: YES SIGNATURE: A�4
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARi COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED ✓ OTHER
VOTE OF SUPERVISORS
✓ UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
Contact: Wendel Brunner, M.D. a
cc: State Dept. of Health Services ATTESTED 0-6' . 17 9S'
Health Services Dept. (Contracts) phi Batchelor, Clerk of the Board of
Supelvis4rs aW County AdinW&aW
Mee2/7-ee BY d—� , DEPUTY
o
STATE OF,:.4LIF^R4;A f ti
STL ` rllD AG3EEMENT— APPROVED BY THF r
` g a! �t ` CONTRACT NUMBER AM.NO.
Y a � � t�ti' 94-19548
p , u
STD.2(REVS-91)
� TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER
THIS AGREEMENT,made and entered into this 1 St day of July 19-M , 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 Dept of Health Services hereafter called the State,and
CONTRACTOR'S NAME
County of Contra Costa m ® hereafter called the Contractor.
29
WITNESSETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expressed,
does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor,
time for performance or completion,and attach plans and specifications,if any.)
PROJECT TITLE: MCH County Allocation/Black Infant Health Program/Comprehensive
Perinatal Outreach
1 . SCOPE OF WORK
The attached Exhibit B, entitled SCOPE OF WORK (SOW), consisting of twenty five
page(25), is made a part hereof by this reference. Said Exhibit describes in detail the work
to be performed under the terms and conditions of this Standard Agreement. The Contractor
understands and agrees that it must meet all the objective(s) as specified in said Exhibit in
order to receive the maximum amount payable under this Standard Agreement.
Changes to the SOW may be proposed by the Contractor in writing. All requested changes
and revisions are subject to the approval of the Contract Manager. The Department of
Health Services (DHS) will respond in writing as to the approval or disapproval of all such
requests within thirty (30) calendar days from receipt of the request. Should DHS fail to
respond to the Contractor's request within thirty (30) calendar days of receipt, the
Contractor's request shall be deemed approved.
CONTINUED ON 24 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 t$ee date first above written.
STATE OF CALIFORNIA CONTRACTOR
AGENCY IPothorthan an individual,state whether corporation,partnership,etc.)
y-y_c2f.�":nntra Costa Health Services Agency
BY(AUTHO Z n Sl��RE) B (UL.'<f 4,O iZED S TUBE)
D
PRINTED NAM PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING
Robert Threlkel Gayle Bishop, Chairperson, Board of Supervisors
TITLE ADDRESS-
Chief,
DDRESS-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 Local Assistance - Clearing Account General Use Only
$ 983,771 (OPTIONAL USE) This Standard Agreement is exempt
PRIOR AMOUNT ENCUMBERED FOR Federal MCH Block #93.994 from Dept of General Services
THIS CONTRACT
C ITEM CHAPTER STATUTE FISCAL YEAR (FBF;val per GC Section 16366(b)•
4260-111-001 139 1994 94/95
TOTAL AMOUNT ENCUMBERED TO
DATE OBJECT OF EXPENDITURE(CODE AND TITLE)
$ 983,771 See back of this page.
I hereby certify upon my own persona/knowledge that budgeted funds T.B.A.NO. B.R.NO.
are available for the period and purpose of the eX enditure stated above.
SIGNATU 01 A�1,OUNTING OFFICER ( I DATE �/ JUN 2 $ 1995
t'rn `fti
CONTRACTOR STATE AGENCY DEPT.OF GEN.SER. El CONTROLLER El
STATE OF CALIFORNIA t
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.
LLL'£86$ Tejo I
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91 61014
1. 7$
i ,ontractor: County of Contra Costa Health Services Department
Contract Number: 94-19548
2. EXHIBITS
The following Exhibits are attached and made a part hereof by this reference:
Exhibit A(F) (Additional Provisions); if applicable, Exhibit A-1 (Equipment
Purchased with State Funds), Exhibit A-2 (Inventory of State Furnished
Property), and Exhibit A-3 (Schedule of Equipment); Exhibit B (Scope Of Work);
Exhibit C (Budget); Exhibit D (Federal Contract Funds); Exhibit E (Progress
Report); Exhibit F (Contract Uniformity); Exhibit G (Prior to July 1994); if
applicable, Exhibit H (Advance Payment); if applicable Exhibit J (FFP Invoicing
Guidelines), Exhibit K (Non-FFP Invoicing Guidelines), or Exhibit L (CPO
Invoicing Guidelines); and the Nondiscrimination Clause.
3. DEFINITIONS
Unless the agreement language states otherwise, the definitions contained in
this paragraph govern the construction of this Standard Agreement.
A. "Actual Cost": The actual price paid for real bona fide purchase costs
of goods and services pursuant to the conduct of this Standard
Agreement.
B. "Amendment": A formal change to the terms of this Standard
Agreement which is caused by any of the following circumstances:
(1) The amount of a numbered line item is increased or decreased by
the amount of $10,000 or an amount designated by the State;
(2) The maximum amount payable is increased;
(3) New provision(s) are added or revision(s) are made to existing
provisions.
Other amendments decreasing the maximum amount payable under
Paragraph 5 may be made pursuant to Paragraph 9, Subparagraph A, (2).
C. "Budget Revision": A change in the approved budget resulting in a
numbered line item transfer which does not exceed $10,000 in the
aggregate per line item or an amount designated by the State.
D. "Certified": When used in regard to financial statements, shall mean
examined and reported upon with an opinion expressed by an
independent public or certified public accountant.
Page 2 of 25
Contractor: County of Contra Costa Health Services Department
Contract Number: 94-19548
E. "Comprehensive Perinatal Services": Obstetrical, psychosocial,
nutritional and health education services, and related case coordination
provided by or under the personal supervision of a physician or certified
nurse midwife during pregnancy and sixty (60) calendar days following
delivery. .
F. "Contract": A Standard Agreement (STD. 2) or an Interagency
Agreement (STD. 13).
G. "Contractor": An individual, partnership, clinic, group, association,
corporation, institution of higher learning, whether public or private, and
includes any officer, director, agent, or employee thereof.
H. "FTE": Full-Time-Equivalent means a standard eight (8) hour work day;
forty (40) hours per week; or, 2,080 hours per year.
I. "Good Cause": Circumstances which are beyond the control of the
Contractor and includes but is not limited to:
(1) Damage to or destruction of the Contractor's business office
and/or records by a natural disaster, including fire, flood, or
earthquake or when circumstances involving such disaster have
substantially delayed Contractor's operations.
(2) Theft, sabotage, or other deliberate, willful acts by an employee
that have been reported to the appropriate law enforcement or fire
agency when applicable.
(3) Other circumstances that are clearly beyond the control of the
Contractor that have been reported to the appropriate law
enforcement or fire agency when applicable.
(4) Failure by the State to fully execute the Contractor's Standard
Agreement later than six (6) months after the Standard
Agreement's start date.
(5) Untimely illness or absence of any employee trained to prepare
invoices, reports, Standard Agreement amendments or budget
revisions. Such circumstances shall be reviewed and approved on
a case by case basis by Maternal and Child Health management.
(6) Failure by the State to fully execute amendment(s) before the
Standard Agreement's termination, expiration date or fiscal year
end.
Page 3 of 25
^ontractor: County of Contra Costa Health Services Department
Contract Number: 94-19548
J. "High Risk": Defined for purposes of High Risk Infant Follow-up program
pursuant to Health and Safety Code, Sections 300 et seq., and 301 .5 et
seq.
K. "Low Income Person": A person or family member, who has been
determined by the Contractor, through an established screening
procedure to be at or below 200% of the Federal Poverty Income
Guidelines in effect during the term of this Standard Agreement.
L. "Medical Record": The document(s) that contain(s) entry of all
procedures of services provided pursuant to the provisions of this
Standard Agreement.
M. "New Enrollee": For purposes of Comprehensive Perinatal Services a
woman who is both diagnosed by the project physician as pregnant and
enrolled in the program during the term of this Standard Agreement and
who was not enrolled in the program during a previous Standard
Agreement period for the same pregnancy.
N. "Subcontract": An agreement entered into by the Contractor with any
provider who agrees to furnish covered services, or an agreement
entered into with any organization or person who agrees to perform any
administrative or service function for the Contractor specifically related
to securing or fulfilling the Contractor's obligation to the State under the
terms of this Standard Agreement.
O. "Subcontractor": Any person or entity which has entered into a
subcontract with the Contractor specifically related to securing or
fulfilling the Contractor's obligation to the State under the terms of this
Standard Agreement.
P. "Satisfactory": When used in regard to progress reports, shall mean that
complete and adequate information in the required format has been
provided to the State, which in the State's opinion, allows the State to
assess the Contractor's progress in meeting goals and objectives in the
Scope of Work.
4. TERM OF STANDARD AGREEMENT
The term of this Standard Agreement shall be from July 1 , 1994 through
June 30, 1995, but may be extended for up to two years pursuant to the
amendment procedure set forth in Paragraph 8 subparagraph A.
Page 4 of 25
Contractor: County of Contra Costa Health Services Department
Contract Number: 94-19548
5. MAXIMUM AMOUNT PAYABLE
This agreement constitutes a cost reimbursement Standard Agreement only and
the State is solely liable for such actual costs legally attributable to the
numbered line items identified in Exhibit C (Budget) which are directly related
to Exhibit B (Scope of Work). The maximum amount payable for fiscal year
(EY) 1994-95 shall not exceed $983,771 .
6. REIMBURSEMENT PROCEDURES
A. In consideration of the services rendered and performed in accordance
with this Standard Agreement, the State shall reimburse the Contractor
in arrears monthly or quarterly upon submission of an ORIGINAL
INVOICE, COVER LETTER and one copy, the original invoice and cover
letter to be SIGNED by the Contractor's designated fiscal officer,
following the format contained in Exhibit J, K, or L.
B. Invoices shall be submitted, within forty-five (45) calendar days after the
close of the billing period, to the following address:
Administrative Management Section
Maternal and Child Health Branch
714 "P" Street, Room 708
P.O. Box 942732
Sacramento, CA 94234-7320
C. Payment of invoices submitted by Contractor shall not be evidence of
allowable Standard Agreement costs. All allowable Standard Agreement
costs shall be determined by means of a State fiscal and program audit
as specified in this Standard Agreement.
D. Upon Standard Agreement termination, or expiration, or fiscal year end
an acceptable final invoice shall be submitted no later than ninety (90)
calendar days after termination date or expiration date or fiscal year end,
whichever is earlier. Except for "Good Cause" (Paragraph 3,
subparagraph 1), invoices which are received after such deadline shall not
be honored by the State.
E. "Good Cause" requests (Paragraph 3, subparagraph 1) for late invoice
submittal must be received in writing within ninety (90) calendar days
after the Standard Agreement termination, expiration date,or fiscal year
end, whichever is earlier.
Page 5 of 25
Contractor: County of Contra Costa Health Services Department
Contract Number: 94-19548
F. Upon termination of this Standard Agreement by either the State or the
Contractor, the State shall have the right to hold the final payments for
administrative, client, or other services for up to ninety (90) calendar
days to ensure that all the Contractor's responsibilities under this
Standard Agreement have been fulfilled.
7. PAYMENT WITHHOLDS
A. The Contractor's full performance of all duties set forth in this Standard
Agreement shall be an express condition precedent to the maturing of
the State's payment obligation of the Contractor's claims for
administrative, client, and other project services. The State may
withhold up to one hundred percent (100%) of any amount billed for
services each month until the Contractor is in full compliance with the
provisions of this Standard Agreement, at which time the amount
withheld shall be released for payment to the Contractor, less any
amount of lost Federal Financial Participation.
B. The State shall provide the Contractor with written notice of this action
as set forth in this Paragraph. The notice shall include the percentage of
withhold (if applicable), the effective date of, the duration of, and the
reason for each action taken by the State. The Contractor shall be
afforded reasonable opportunity to discuss with the State any action
taken.
8. AMENDMENT REQUESTS
A. Should either party during the term of this Standard Agreement desire an
amendment to this Standard Agreement, such amendment shall be
proposed in writing to the other party. After agreement is reached, steps
will be taken to formally amend the Standard Agreement to provide for
the change.
B. Except for "Good Cause" (Paragraph 3, Subparagraph 1), Contractor
amendment requests shall be considered for approval only if postmarked
by March 31, or no later than ninety (90) calendar days prior to the
close, of the fiscal period for which the budget is in effect. Such
requests shall be addressed as specified in Paragraph 15, DELEGATION
OF AUTHORITY.
Page 6 of 25
r i,ontractor: County of Contra Costa Health Services Department
Contract Number: 94-19548
9. BUDGET REVISIONS
The Contractor must notify the State of all budget revisions in accordance with
procedures, and in the format, designated by the State. Such budget revisions
shall be submitted by the Contractor in accordance with the following
conditions:
A. Prior approval must be obtained from the State in advance of changes or
expenditures only when:
(1) Changes in the personnel line item affect the Scope of Work.
(2) The revision causes a shift in the Federal Financial Participation
funding sources which does not result in an increase of the
maximum amount payable under Paragraph 5 and does not exceed
the parameters of the allocation.
The State shall agree to or reject the proposed budget revision in writing
within thirty (30) calendar days of receipt.
B. Written notification by the Contractor to the State shall be given within
thirty (30) calendar days of occurrence for all revisions which:
(1) Change any information in Exhibit C (Budget); and,
(2) do not require prior authorization in accordance with Paragraph 9,
subparagraph A.
The State shall agree to or deny in writing the written notification change
within thirty (30) calendar days of receipt.
C. Except for "Good Cause" (Paragraph 3, subparagraph i), prior approval
budget revision requests shall be considered for approval only if
postmarked by March 31, or no later than ninety (90) calendar days prior
to the close of the fiscal period for which the budget is in effect.
D. Budget revisions which are submitted in accordance with Paragraph B,
shall be submitted by the Contractor to the State, postmarked no later
than May 31 or no later than thirty (30) calendar days prior to the close
of the fiscal period for which the budget is in effect.
Page 7 of 25
'Contractor: County of Contra Costa Health Services Department
Contract Number: 94-19548
10. REIMBURSEMENT AND REVENUE LIMITATIONS
A. Notwithstanding any other clause of this Standard Agreement or its
Exhibits, Contractor understands and agrees that it shall not claim
reimbursement for any services that the Contractor may claim for
reimbursement under any other State, federal, county or other
governmental entity contract or grant, any private contract or agreement,
or from the Medi-Cal program.
B. Notwithstanding any other provision of this Standard Agreement or its
Exhibits, Contractor understands and agrees that the State shall not
reimburse Contractor for any services provided under this Standard
Agreement which are otherwise reimbursable by any third party payor(s).
Contractor also agrees to fully exhaust its ability to receive such
third-party reimbursement. Contractor also agrees that if it receives any
third-party reimbursement for services already reimbursed by the State,
the Contractor shall immediately remit that amount to the State or offset
the amount against future invoices.
C. In accordance with Exhibit F (Contract Uniformity), State reimbursement
for vacation and/or paid leave accrual or usage for personnel, shall be at
rates not to exceed those allowed Contractor employees as
specified/detailed in Contractor's Personnel Manuals.
Reimbursement or allowances to Contractor for employee sick leave,
family illness or bereavement leave, vacation, overtime and holiday
credits, military leave, industrial or non-industrial injury leave, jury duty,
subpoenaed witness time, or any other authorized leave shall be made
only for said benefits accrued and used during the term of this
agreement. Records of paid leave earned and used shall be maintained
by the Contractor in accordance with generally accepted accounting
principles.
D. Contractor agrees that all revenue accruing to this project, based on the
services supported, in whole or in part, by this Standard Agreement,
shall be accounted for separately and apart from all other revenues
earned or received by the Contractor.
11 . TERMINATION
This Standard Agreement may be canceled with or without cause by either
party by giving thirty (30) calendar days advance written notice to the other
party. Notification shall state the effective date of the termination.
Page 8 of 25
Contractor: County of Contra Costa Health Services Department
Contract Number: 94-19548
12. CONFLICT OF INTEREST
Contractor agrees that all reasonable efforts will be taken to prevent its officers,
agents, employees, consultants or members of governing bodies from using
their positions for purposes that are, or give the appearance of being, motivated
by a desire for private gain for themselves or others, such as those with whom
they have family, business, or other ties. In the event that the State determines
that a conflict of interest situation exists, any increase in costs associated with
the conflict of interest situation may be disallowed by the State and such
conflict may constitute grounds for termination of the Standard Agreement.
This provision shall not be construed to prohibit employment of persons with
whom the Contractor's officers, agents, or employees have family, business,
or other ties so long as the employment of such persons does not result in
increased costs over those associated with the employment of any other
equally qualified applicant and such persons have successfully competed for
employment with other applicants on a merit basis.
13. REPORTING REQUIREMENTS
A. The Contractor shall submit progress reports according to the format
described in Exhibit E (Progress Report).
B. An original and two copies of the Progress Report shall be submitted to
the State as follows and postmarked no later than indicated:
Progress Reports for the period ending December 31 shall be postmarked
January 31 , immediately following the end of that period.
Except for "Good Cause" (Paragraph 3, Subparagraph 1), Progress
Reports for the period ending June 30 shall be postmarked July 31,
immediately following the end of that period.
C. The Progress Report reporting activities through June 30, shall be
considered a final report relative to provisions of Exhibit A(F) (Additional
Provisions), paragraph 11 .
D. If Contractor fails to submit an acceptable progress report by the
specified date, subsequent invoices may be withheld for payment by the
State until the State receives a satisfactory report.
E. If there are program specific data reporting systems requirements
required by this Standard Agreement's Scope of Work, the Contractor
shall report monthly, quarterly, or twice a year as required, and in the
format designated, by the State.
Page 9 of 25
Contractor: County of Contra Costa Health Services Department
Contract Number: 94-19548
14. PROVISION OF INFORMATION
The Contractor shall provide the State with all information required under this
Standard Agreement or relevant to its performance under this Standard
Agreement no later than thirty (30) calendar days after receipt of the State's
written request.
15. DELEGATION OF AUTHORITY
Contractors with multiple programs shall provide the State with the names of
each Project Director for each program (e.g., Maternal and Child Health (MCH),
Black Infant Health (BIH), Fetal Infant Mortality Review (FIMR), Comprehensive
Perinatal Outreach (CPO)) included in the contract.
A. Oscar Caro is designated Maternal and Child Health Branch's
departmental Contract Manager for this Standard Agreement. The State
reserves the right to change the designated Contract Manager and shall
notify Contractor in writing when such changes occur.
B. 1) Mary Foran is designated the Contractor's Project Director for the
MCH County Allocation program. The Project Director shall be the
Contractor's agent for conduct of work under this Standard
Agreement.
2) Mary Foran is designated the Contractor's Project Director for the
Black Infant Health program. The Project Director shall be the
Contractor's agent for conduct of work under this Standard
Agreement.
3) Mary Foran is designated the Contractor's Project Director for the
Comprehensive Perinatal Outreach program. The Project Director
shall be the Contractor's agent for conduct of work under this
Standard Agreement.
4) N/A is designated the Contractor's Project
Director for the N/A program. The Project Director shall
be the Contractor's agent for conduct of work under this Standard
Agreement.
Page 10 of 25
Contractor: County of Contra Costa Health Services Department
Contract Number: 94-19548
C. It is mutually agreed that the persons named in Subparagraphs A and B
of this provision shall implement this Standard Agreement. The Contract
Manager and the Project Director are mutually agreed to be designated
as respective single administrators and delegated with the authority to
make all term and post-term determinations and take all actions as are
appropriate under this Standard Agreement, subject to the limitations as
prescribed by law, regulation, public policy, departmental policy, and
Standard Agreement provision.
16. STATE APPROVAL OF PROJECT DIRECTOR
The Contractor shall notify the State immediately in writing of any proposed
change of Project Director. The State reserves the right to approve or
disapprove any new proposed Project Director designated by the Contractor.
Continued designation of disapproved Project Director may constitute grounds
for termination of the Standard Agreement or reduction of the Standard
Agreement amount by the amount of the Project Director's salary, at the option
of the State.
17. FREEZE EXEMPTIONS
A. Contractor agrees that any blanket hiring freezes or any other personnel
policies the Contractor may adopt during the term of this Standard
Agreement shall not be applied to the positions funded, in whole or in
part, by this Standard Agreement.
B. Contractor agrees that any travel freeze the Contractor may adopt during
the term of this Standard Agreement shall not restrict travel funded, in
whole or in part, by this Standard Agreement.
C. Contractor agrees that any purchasing freeze the Contractor may adopt
during the term of this Standard Agreement shall not restrict purchasing
funded, in whole or in part, by this Standard Agreement.
18. ADDRESSES
A. All invoices and progress reports shall be sent to:
Administrative Management Section
Maternal and Child Health Branch
714 "P" Street, Room 708
P.O. Box 942732
Sacramento, CA 94234-7320
Page 11 of 25
%.ontractor: County of Contra Costa Health Services Department
Contract Number: 94-19548
B. If required under the Scope of Work, data reporting forms shall be sent
to:
Planning and Evaluation Section
Maternal and Child Health Branch
714 "P" Street, Room 499
P.O. Box 942732
Sacramento, CA 94234-7320
C. All other official correspondence shall be sent to:
Oscar Caro
Contract Manager
Administrative Management Section
Maternal and Child Health Branch
714 "P" Street, Room 708
P.O. Box 942732
Sacramento, CA 94234-7320
19. USE OF REPORTS/DATA
A. The State reserves the right to use and reproduce all reports and data
produced under this Standard Agreement, and reserves the right to
authorize others to use or reproduce such materials. Except for the
inspection of medical records by State staff for the purpose of assuring
that care provided by the Contractor is in compliance with the Standard
Agreement, this paragraph shall not be interpreted as giving staff (State
or otherwise) the right to divulge the identity of patients or other
confidential patient information outside the treatment setting.
B. All data/research reports or publications shall contain 1) a disclaimer that
credits any analysis, interpretations, or conclusions reached to the
author(s) and not to the State, and 2) a statement on the biases in the
data known to affect the report findings.
C. All public reports or publications shall be submitted to the State's
Contract Manager for review and written comment by the State at least
two weeks before release of said public report or publication for
publication or reproduction. All of the comments will be incorporated
insofar as possible, and the Contract Manager shall be informed of any
comments which cannot be incorporated and why, so that any
differences can be discussed before publication.
Page 12 of 25
Contractor: County of Contra Costa Health Services Department
Contract Number: 94-19548
D. At completion of this Standard Agreement, Contractor agrees to deliver,
in a form which can be reproduced by the State, any curriculum,
educational materials, program, program documentation, videotapes, or
other audio-visual materials developed in execution of this agreement.
Such copies shall be delivered within thirty (30) calendar days of
completion of this agreement.
E. The federal government or State shall have the right to order, at any time
during the performance of this contract, or within two years from either
acceptance of all items (other than data) to be delivered under this
contract or termination of this contract, whichever is later, any work and
any data not called for in the schedule of this contract but generated in
performance of this contract, and the Contractor shall promptly prepare
and deliver such data as is ordered. If the principal investigator is no
longer associated with the Contractor, the Contractor shall exercise its
best efforts to prepare and deliver such data as is ordered. The
Contractor shall be relieved of obligation to furnish data pertaining to an
item obtained from a subcontractor upon the expiration of two years
from the date he accepts such items.
When data, other than the Work as defined in Paragraph 35, Copyright
is delivered pursuant to this section, payment shall be made, by
equitable adjustment or otherwise, for converting the data into the
prescribed form, reproducing it or preparing it for delivery. The terms of
such payment shall be agreed upon in writing by the Contractor and the
State and/or federal government, whichever ordered the production of
the data.
F. Contractor must obtain permission from the State to release to other
parties data collected under this contract.
20. PUBLICATION CREDIT
Public reports or publications regarding any work performed with funds
provided under this Standard Agreement shall include a statement on the title
page giving credit for such support, such as: "This project was supported by
funds received from the State of California, Department of Health Services,
Maternal and Child Health Branch". This statement must also be included on
any curriculum, educational materials, programs, program documentation,
videotapes, and/or other audio-visual materials (subject data) resulting from this
Standard Agreement. Any journal articles shall include such a statement on the
first page of said article.
Page 13 of 25
„ontractor: County of Contra Costa Health Services Department
Contract Number: 94-19548
21 . REQUIRED DELIVERABLES
Contractors shall submit acceptable required deliverables by the dates specified
in the contract. If deliverables are not received, subsequent invoices shall not
be approved for payment by the State under the terms of the contract until the
State receives acceptable deliverables.
22. CONTRACTORS USE OF PROFITS
All revenues, refunds, rebates, credits, accrued interest, or other income
(including revenue from third party payers and sale of material) accruing to or
received by the Contractor as a result of a contract with MCH shall be refunded
to the State or used to reduce amounts billed to the State. Under no
circumstances shall the Contractor profit as a result of income accrued to the
Contractor as a result of a contract with MCH. Written documentation of all
such revenues will be required concurrently with each invoice.
23. RIGHTS IN DATA
Notwithstanding any other provision of this Standard Agreement or its exhibits,
Contractor understands and agrees that Paragraph 35, COPYRIGHT governs
all rights to data.
24. MEDICAL/CLIENT RECORDS
A. Medical or client records shall be maintained for all clients/patients
receiving services pursuant to this Standard Agreement consistent with
Section 51476, Title 22, of the California Code of Regulations.
B. Each client or medical record shall include documentation that
client/patient was informed that his or her records are open to inspection
by the State. This requirement shall be met by the Contractor including
the following statement in any "treatment authorization” or "consent to
treatment" form signed by patient/client.
"I understand that the State of California has entered into a Standard
Agreementwith -,and thatthe
services provided under that Standard Agreement may include the care
I receive from
Page 14 of 25
Contractor: County of Contra Costa Health Services Department
Contract Number: 94-19548
I also understand that any client or patient records maintained in the
course of my receiving care from shall be
open for inspection by the State. I further understand that the State
shall upon request be provided access to all data collected about this
project, and that the data submitted will be subject to fiscal and program
audit, but will not be made public in any manner which allows
identification of myself."
(Signed by Patient/Client)
Contractor may substitute other language or mechanism to obtain such
written approval of patient as long as the State approves the change in
writing, in advance and such substitution accomplishes the same result.
25. CHARGES FOR HEALTH SERVICES
If the Contractor imposes any charges for the provision of health services
reimbursed by this Standard Agreement, such charges:
A. Shall be pursuant to a public schedule of charges;
B. Shall not be imposed with respect to services provided to low income
persons as defined by 42 USC Section 701 (b) (2) who are at or below
100% of the federal poverty level.
C. Shall be adjusted in accordance with appropriate State and federal law
to reflect the income, resources and family size of the individual provided
the services; and
D. Shall be pursuant to a Contractor established sliding fee schedule,
subject to State approval. State reserves the right to substitute
Contractor sliding fee schedule with a State uniform sliding fee schedule
upon sixty (60) calendar days written notice.
26. RESTRICTIONS ON USE OF MATERNAL AND CHILD HEALTH BLOCK GRANT
FUNDS
Pursuant to 42 United States Code, Section 704, Contractor shall not use funds
provided by this Standard Agreement to:
A. Provide inpatient services,
B. Make cash payments to intended recipients of health services,
Page 15 of 25
Contractor: County of Contra Costa Health Services Department
Contract Number: 94-19548
C. Purchase or improve land, purchase, construct or permanently improve
any building or other facility, or purchase major medical equipment,
D. Satisfy any requirement for the expenditure of non-federal funds as a
condition for the receipt of federal funds,
E. Provide financial assistance to any entity other than a public or nonprofit
private entity for research or training services, or
F. Make payment for any item or service (other than an emergency item or
service) furnished a) by an individual or entity during the period such
individual or entity is excluded from participation in any other federally
funded program or b) at the medical direction or on the prescription of a
physician during the period when the physician is excluded from
participation in any other federally funded program.
27. SUBCONTRACTS
A. The Contractor agrees that no subcontracts are allowed under this
Standard Agreement unless mutually agreed upon by the Contractor and
the State.
B. No assignments shall be allowed under this Standard Agreement.
C. All subcontracts shall include provision(s) requiring compliance with the
terms and conditions of this Standard Agreement. The Contractor shall
remain responsible for all requirements under this Standard Agreement
even though the requirements are carried out pursuant to a subcontract.
D. Contractor shall maintain a copy of any subcontract entered into for the
performance of this Standard Agreement and shall make it available for
State examination as required.
28. PRIORITY OF PROVISIONS
Where inconsistencies may exist between this standard agreement and the
attachments hereto, such inconsistencies shall be resolved by giving
precedence in the following order: Exhibit D, Exhibit G, Standard-Agreement,
A(F), B, C, E, and other Exhibits.
Page 16 of 25
Contractor: County of Contra Costa Health Services Department
Contract Number: 94-19548
29. MONITORING FOR COMPLIANCE
A. Authorized State and/or Federal representatives shall have the right to
monitor and audit the operation of the Contractor and subcontractors for
compliance with the provisions of this Standard Agreement, applicable
state and federal law, and regulations. Such auditing and monitoring
activities shall be conducted at any time during normal business hours.
If any inspection or monitoring is made by the State and/or Federal
representatives of the premises of the Contractor or a subcontractor, the
Contractor shall provide and shall require the subcontractor(s) to provide
all reasonable facilities and assistance for the safety and convenience of
the representatives in the performance of their duties.
B. State audits and investigations staff may conduct annual (or more
frequently, if required) onsite financial, management and medical audits
of the Contractor. The audit shall be based on criteria and procedures
established by the State. Criteria shall appear in the form of regulations,
statutes, policy letters, Standard Agreement language, and any other
official publication of the State.
C. State Audit reviews shall include entrance and exit conferences, and
written reports of findings to the Contractor. State on-site performance
monitoring and oversight reviews may include entrance and exit
conferences and/or written reports of findings to the Contractor.
30. RECOVERY OF OVERPAYMENTS
The State shall recover overpayments to the Contractor including, but not
limited to, payments determined to be:
A. In excess of allowable costs;
B. In excess of the amounts usually charged by the Contractor or any of its
subcontractors;
C. For services not documented in the records of the Contractor or any of
its subcontractors, or for services where the documentation of the
Contractor or any of its subcontractors justifies a lower level of payment;
D. Based upon false or incorrect invoices;
E. For services deemed to have been excessive, medically unnecessary or
inappropriate;
Page 17 of 25
Contractor: County of Contra Costa Health Services Department
Contract Number: 94-19548
F. For services arranged for or rendered by persons who did not meet the
standards for participation in the project at the time the services were
arranged for or provided;
G. For services not covered by the project;
H. For services already paid for the client, but not yet refunded, or for
services already reimbursed by the State or other coverage;
I. For services that should have been billed to other coverage, other
programs, the Medi-Cal program, or any other entitlement program for
which the client was eligible to receive payment for such services.
31 . PURCHASING/PROCUREMENT RULES
This section supersedes section 3, PROCUREMENT REQUIREMENTS,
Exhibit A(F).
A. Units of local government and public entities (including the Universities
of California) may utilize their existing procurement systems to secure
all articles, supplies, equipment (including EDP and telecommunications),
motor vehicles, and services required in the performance of this contract
without regard to dollar limit subject to the provisions stipulated in the
subparagraphs of this section.
B. All other Contractors(private vendors nonprofit organizations) may utilize
their existing procurement systems to secure all articles, supplies,
equipment(including EDP/ADP and telecommunications), motorvehicles,
and services required in the performance of this contract up to an annual
maximum of $50,000, subject to the provisions stipulated in the
subparagraphs of this section.
If the Contractor's capital expenditure (capital equipment) line item
exceeds $50,000, the Contractor shall make arrangements through the
contract manager to have all equipment purchased through the State's
Office of Procurement. The cost of said equipment purchased by or
through the State shall be deducted from the funds available in the
contract.
Page 18 of 25
Contractor: County of Contra Costa Health Services Department
Contract Number: 94-19548
1 . The Contractor shall utilize a procurement system that meets the
following standards:
(a) The Contractor shall maintain a code or standard of conduct
that shall govern the performance of its officers,
employees, or agents engaged in awarding procurement
contracts. No employee, officer, or agent shall participate
in the selection, award, or administration of a procurement
contract in which, to his or her knowledge, he or she has
a financial interest.
(b) Procurements shall be conducted in a manner that
provides to the maximum extent practical, open and free
competition.
(c) Procurements shall be conducted in a manner that provides
for all of the following:
(1) Avoidance of the purchasing of unnecessary or
duplicate items.
(2) Solicitation for capital expenditures based upon a
clear and accurate description of the technical
requirements of the capital goods to be procured.
(3) The taking of positive steps to utilize small, minority,
women, or veteran owned businesses.
C. Prior written authorization from the State will be required before the
Contractor will be reimbursed for any purchase order or subcontract
exceeding $5,000 for any articles, supplies, equipment, subcontract
services or for any fee for consulting services of three hundred fifty
dollars ($350) or more per day. The Contractor must provide in its
request for authorization all particulars necessary for evaluating the
necessity or desirability of incurring such cost.
D. In the event that subcontractor's are granted purchasing authority by a
prime Contractor to make equipment purchases, the subcontractor shall
be bound by the purchasing limits stated in paragraphs A and B herein,
based upon the subcontractors type (e.g., governmental/public entity vs.
private entity or private nonprofit organization).
Page 19 of 25
Contractor: County of Contra Costa Health Services Department
Contract Number: 94-19548
E. The Contractor must maintain a copy or narrative description of the
procurement guidelines, rules, or regulations that will be employed by the
Contractor in making purchases under this agreement. The State
reserves the right to request copies of these documents and to inspect
the purchasing practices of the Contractor at any time.
F. The Contractor must maintain copies of documents, bids and other
information used in vendor selection. Sole source procurement
justifications shall also be maintained on file by the Contractor for
inspection or audit by the State.
G. The State shall reimburse any State, local sales or use taxes legally
assessed on purchases, parts supplied, and services rendered in support
of this agreement. All other taxes, including federal excise taxes,
directly or indirectly arising out of the performance of this agreement
shall be the Contractor's responsibility.
32. OWNERSHIP/DISPOSITION OF EQUIPMENT/PROPERTY PURCHASED UNDER
THIS AGREEMENT OR FURNISHED BY THE STATE
This section supersedes section 5, FURNISHING OF PROPERTY BY THE STATE
OR PURCHASE OF PROPERTY WITH STATE OR FEDERAL FUNDS, Exhibit A(F).
A. All equipment, material, supplies, or property of any kind purchased from
contract funds or furnished by the State under the terms of this
agreement and not fully consumed in the performance of this agreement
shall be the property of the State.
B. The Contractor shall submit an annual inventory of equipment furnished
and/or purchased under the terms of this contract. The State may
prescribe the inventory format and/or may supply applicable forms for
this purpose.
C. Within thirty (30) calendar days of the termination or end of this
agreement, the Contractor shall provide a final inventory to the State
and shall at that time query the State as to the State's requirements,
including the manner and method, in returning said equipment or
property to the State.
Final disposition of such equipment shall be at State expense and in
accordance with instructions from the State which shall be issued
immediately after receipt of the final inventory.
Page 20 of 25
Contractor: County of Contra Costa Health Services Department
Contract Number: 94-19548
1 . If motor vehicles are purchased by contract funds or supplied by
the State, within thirty (30) calendar days of the end or
termination of this contract, the Contractor shall return such
vehicles to the State and shall deliver all necessary documents of
title to enable the proper transfer of marketable title to the State.
D. Title to State property shall not be affected by the incorporation or
attachment thereof to any property not owned by the State.
E. If motor vehicles are purchased by the Contractor or provided by the
State, the State shall be the legal owner of said vehicles and the
Contractor shall be the registered owner.
F. The Contractor agrees that all operators of purchased or supplied motor
vehicles shall hold a valid State of California driver's license. In the
event twelve (12) or more passengers are to be carried in any one
vehicle, a Class 2 driver's license will also be required.
G. Contractor shall furnish to the State a certificate of insurance stating that
there is liability insurance presently in effect for the Contractor of not
less than $500,000 per occurrence for bodily injury and property damage
liability combined.
The certificate of insurance must include provisions (i) and (ii), stating
that:
(i) The insurer will not cancel the insured's coverage without thirty
(30) days prior written notice to the State.
(ii) The State of California, its officers, agents, employees, and
servants are included as additional insureds, but only insofar as
the operations under this contract are concerned.
Contractor agrees that the bodily injury liability insurance herein provided
for shall be in effect at all times during the term of this contract. In the
event said insurance coverage expires at any time or times during the
term of this contract, Contractor agrees to provide at least thirty (30)
days prior to said expiration date a new certificate of insurance
evidencing insurance coverage as provided for herein for not less than
the remainder of the term of the contract, or for a period of not less than
one (1) year. New certificates of insurance are subject to the approval
of said Department of General Services, and Contractor agrees that no
work or services shall be performed prior to the giving of such approval.
Page 21 of 25
Contractor: County of Contra Costa Health Services Department
Contract Number: 94-19548
In the event Contractor fails to keep in effect at all times insurance
coverage as herein provided, State may, in addition to any other
remedies it may have, terminate this contract upon the occurrence of
such event.
H. State property, equipment and vehicles purchased by the Contractor with
contract funds or provided by the State shall be used only for purpose of
performance under this contract.
I. Unless otherwise stipulated, the State shall not be under obligation to
pay the cost of the restoration or rehabilitation of the Contractor's or
subcontractor's facility which may be affected by the removal of any
State property.
J. The Contractor shall maintain and administer, according to State
directives and sound business practices, a program for the utilization,
maintenance, repair, protection, and preservation of State property.
33. FEDERAL FINANCIAL PARTICIPATION
Notwithstanding any other provision of this Standard Agreement or its Exhibits,
Contractor understands and agrees that it shall not claim Federal Financial
Participation (FFP) for any service provided under this Standard Agreement for
which there is no FFP eligibility. Contractor also understands and agrees that
local dollars used to claim FFP match must be expended on FFP-match activities
in order to claim the FFP. Contractor further understands and agrees that for
those services which are not eligible or for which there is no proper match for
FFP, or for those services for which local dollars are not expended in order to
claim the FFP, Contractor is responsible for audit exceptions and shall indemnify
the State in the event any such audit exceptions are taken against the State.
34. LABORATORY TESTS
Contractor agrees that if any performance under this agreement or under any
subcontract includes any tests or examinations on materials derived from the
human body for the purpose of providing information for the diagnosis,
prevention, treatment or assessment of any disease, impairment,-or health of
a human being, all the locations at which such examinations are performed shall
meet the requirements of 42 U.S.C. section 263a (CLIA) and the regulations
adopted thereunder.
Page 22 of 25
Contractor: County of Contra Costa Health Services Department
J
Contract Number: 94-19548
35. COPYRIGHT
This section supersedes section 13, RIGHTS IN DATA, Exhibit A(F).
A. "Works." "Works" is defined as all literary works, writings, and printed
matter including the medium by which it is recorded or reproduced,
including but not limited to procedural manuals, forms diagrams,
workflow charts, equipment descriptions, data files, research and
reports, photographs, artwork, pictorial and graphic representations and
works of a similar nature, motion pictures, videotapes and other audio
visual works, sound recordings, tapes, educational materials, original
computer programs (including executable computer programs and
supporting data in any form), systems and any other materials or
products conceptualized, developed, and/or delivered as a result of this
Contract (whether or not copyrighted or copyrightable). It includes final
products and any material and information developed for the purpose of
producing those final products. Contractor also agrees that the copyright
to any and all works under this contract, whether published or
unpublished, belongs to the State from the moment of creation.
B. Contractor shall deliver to the State, and the State will retain ownership
of, the original and all copies of the Work and the medium such as
original art work and negatives, print ready art or copy, computer
diskettes, etc. Contractor shall make delivery within thirty (30) working
days of written request by the State.
C. Contractor and the State agree that the State shall be the owner of all
rights, title and interest in, but not limited to, the copyright to any and
all Works created, produced, or developed under this contract, whether
or not published.
D. Contractor agrees to and does hereby grant to the State as permitted in
California Civil Code, section 982, ownership in any original work of
authorship created, produced, or developed under this contract that is
not fixed in any tangible medium of expression.
E. If, for any reason, the State is not deemed to be the owner-of all rights,
title, and interest in the Work, then Contractor hereby assigns all such
rights to the State.
F. The State retains all rights to use, reproduce, distribute, or display any
works produced under this contract and any derivative works based on
those works, as well as all other rights, privileges, and remedies granted
or reserved to a copyright owner under statutory and common law
copyright law. For any product, data or material that is created,
Page 23 of 25
Contractor: County of Contra Costa Health Services Department
Contract Number: 94-19548
produced, developed or delivered under this contract that is not deemed
a Work,the Contractor shall grant the State a royalty-free, non-exclusive,
and irrevocable license throughout the world to reproduce, to prepare
derivative works, to distribute copies, to perform, to display or otherwise
use, duplicate or dispose of such work in any manner for governmental
purposes and to have or permit others to do so.
G. For Work(s) requiring the use of other copyright holders' materials,
Contractor shall furnish the names and addresses of all copyright
holder(s) or their agent(s), if any, and the terms of any license(s) or
usage granted, at the time of delivery of the Work. No license materials
shall be used without prior written permission of the State.
H. Contractor also agrees that if Contractor enters into any agreements with
other parties in order to perform the work required under this contract,
Contractor will require the agreement(s) include clauses granting the
State a copyright interest in any Works created, produced, developed or
delivered under the agreement and ownership of any Works not fixed in
any tangible medium of expression. For any Works for which the
copyright is not assigned to the State, Contractor shall obtain for the
State, at Contractor's expense, a royalty-free, non-exclusive and
irrevocable license throughout the world to reproduce, to prepare
derivative works, to distribute copies, to perform, to display or otherwise
use, duplicate or dispose of these Works in any manner for government
purposes and to have or permit others to do so.
I. If the use of any Work is enjoined as a result of any action or proceeding,
the Contractor shall, at its own expense and at the option of the State:
1) Procure for the State the right to continue to use said element; or
2) Replace said element with a comparable element which is
noninfringing or does not violate the rights or interest of any
person or entity; or
3) Modify said element so it becomes. noninfringing or does not
-violate the rights or interest of any person or entity._
J. Contractor represents and warrants that:
1) It is free to enter into and fully perform this Contract;
2) It has secured or will secure all rights and licenses necessary for
the production of the Work;
Page 24 of 25
contractor: County of Contra Costa Health Services Department
Contract Number: 94-19548
3► Neither the Work nor any of the materials contained therein, nor
the exercise by either party of the rights granted in this contract,
will infringe upon or violate the rights or interest of any person or
entity;
4► Neither the Work nor any part of it will (a) violate the right of
privacy of, or (b) constitute a libel or slander against, or (c)
infringe upon the copyright, literary, dramatic, statutory or
common law rights, trademarks or service marks of any person,
form, or corporation; and
5) It has not granted and shall not grant to any person or entity any
right that would or might derogate, encumber or interfere with any
of the rights granted to the State in this contract.
K. The Contractor agrees to indemnify, defend, and hold.harmless the State
and its licenses and assignees, and their officers, directors, employees,
agents, representatives, successors, licensees and assignees from and
against all claims, actions, damages, losses, costs and expenses,
including reasonable attorneys' fees, which any of them may sustain
because of the use of the Work and any other materials furnished by the
Contractor under this Contract, or because of the breach of any of the
representations or warranties made in this contract.
L. All Works distributed under the terms of this contract and any
reproductions of visual works or text of these works shall include a
notice of copyright in a place that can be visually perceived either
directly or with the aid of a machine or device. This notice should be
placed prominently on the Work and set apart from other matter on the
page where it appears. Audio productions shall contain a notice of
copyright.
Page 25 of 25
E*vbd A(F)
STATE OF CAUFORNIA
DEPARTMENT OF HEALTH SERVICES
ADDITIONAL PROVISIONS
(FOR FEDERALLY FUNDED SUBVENTION AID/LOCAL ASSISTANCE
COST REIMBURSEMENT CONTRACTS/GRANTS)
1. Eaual Onuortunity Clause
a. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, physical or mental
handicap, or age. The Contractor will take affirmative action to ensure that qualified
applicants are employed, and that employees are treated during employment
without regard to their race, color religion, sex, national origin, physical or mental
handicap, or age. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and career
development opportunities and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Federal Government or the
State, setting forth the provisions of the Equal Opportunity clause and the
Rehabilitation Act of 1973. Such notices shall state the Contractor's obligation under
the law to take affirmative action to employ and advance in employment qualified
applicants without discrimination based on their race, color, religion, sex, national
origin, physical or mental handicap, or age, and the rights of applicants and
employees.
b. The Contractor will,in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion,sex, national origin, physical or
mental handicap,or age.
c. The Contractor will send to each labor union or representative of workers with which
he or she has a collective bargaining agreement or other contract or understanding a
notice, to be provided by the Federal Government or the State, advising the labor
union or worker's representative of the Contractor's commitments under this Equal
Opportunity clause and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
d. The Contractor will comply with all provisions of the Rehabilitation Act of 1973 and of
the Federal Executive Order No. 11246 as amended,and of the rules,regulations,and
relevant orders of the Secretary of Labor.
e. The Contractor will furnish all information and reports required by Federal Executive
Order No. 11246 as amended and the Rehabilitation Act of 1973, and by the rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the contracting agency and the
Secretary of Labor for purposes of investigation to ascertain compliance with such
rules,regulations and orders.
CMA hsln,en«w&Aerin No,02(11/91)
f. In the event of the Contractor's noncompliance with the requirements of this Equal
Opportunity clause or with any federal rules, regulations, or orders which are
referenced in this clause, this contract may be canceled, terminated, or suspended in
whole or in part and the Contractor may be declared ineligible for further federal or
state contracts in accordance with procedures authorized in Federal Executive Order
No. 11246 as amended and such other sanctions may be imposed and remedies
invoked as provided in Federal Executive Order No. 11246 as amended, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
g. The Contractor will include the provisions of paragraphs [a] through [g] In every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Federal Executive Order No. 11246 as amended,
or Section 503 of the rehabilitation Act of 1973, so that such provisions will be binding
upon each subcontractor or vendor. The Contractor will take such action with
respect to any subcontract or purchase order as the Director of the Office of Federal
Contract Compliance Programs or the State may direct as a means of enforcing such
provisions including sanctions for noncompliance-provided, however, that in the event
the Contractor becomes Involved In, or Is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the State, the Contractor may
request In writing to the State, who, in turn, may request the United States to enter Into
such litigation to protect the Interests of the State and of the United States.
2. Travel and Per Diem
Any reimbursement for necessary traveling and per diem shall be at rates not to exceed
those amounts paid to the State's represented employees under collective bargaining
agreements currently in effect. No travel outside the State of California shall be reimbursed
unless prior written authorization Is obtained from the State.
3. Procurement Requirement
a. Prior authorization In writing by the State will be required before the Contractor will be
reimbursed for any purchase order or subcontract exceeding $2,500 for any articles,
supplies, equipment, or services or for any fee, or other payment, for consultation of
three hundred fifty dollars ($350) or more per day. The Contractor must provide in Its
request for authorization all particulars necessary for evaluation of the necessity or
desirability of incurring such cost, and as to the reasonableness of the price or cost.
For purchases of any sold articles, supplies, equipment, services, or for consultant fees
exceeding such minimum amount, three competitive quotations must be submitted
with the request, or the absence of bidding must be adequately justified.
b. If other than the lowest bidder or a sole-source provider is selected, all documents
used in contractor selection must be presented in writing to the State for prior
approval before awarding any contract, and maintained for possible future audit as
specified In paragraph 7 below.
c. The terms "purchase order" and "subcontract" as used in the above paragraph 3a
only, excludes: (a) purchase orders not exceeding $2,500, and (b) subcontracts or
purchase orders for public utility services at rates established for uniform applicability
to the general public.
-2-
E%hW A(F)
4. Standards of Work
The Contractor agrees that the performance of work and services pursuant to the
requirements of this contract shall confirm to high professional standards.
5. 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.
(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 (2) above,any part of such property is
motor vehicles, the State Office of Procurement shall purchase said motor
vehicles for and on behalf of the Contractor. The provisions of clause (5b)
below are applicable to this paragraph concerning motor vehicles.
(b) If, under the provisions of paragraphs (2) or (3) above, any part of such
property is motor vehicles, the State authorizes the Contractor to use said
motor vehicles under the terms and conditions of this contract for purposes
of this contract only, and in accordance with the provisions of
subparagraphs (c)through (f) below.
(c) It is mutually understood that the State of California shall be the legal owner
of said vehicles and the Contractor shall be the registered owner.
(d) Upon return of such motor vehicles to the State, Contractor shall deliver to
State all necessary documents of title to enable proper transfer of
marketable title to the State.
(e) Contractor agrees that all operators of motor vehicles listed in said
agreement shall hold a valid State of California driver's license. In the event
12 or more passengers are to be carried in any one vehicle listed in said
agreement,a Class 2 driver's license will also be required.
(f) Contractor shall furnish to the State a certificate of insurance stating that
there is liability insurance presently in effect for the Contractor of not less
than $500,000 per occurrence for bodily injury and property damage liability
combined.
-3-
The certificate of insurance must include provisions(i)and (ii),stating that: -
() The insurer will not cancel the insured's coverage without 30 days prior
written notice to the State.
(ID The State of California,its officers,agents,employees,and servants are
included as additional insureds, but only insofar as the operations
under this contract are concerned.
Contractor agrees that the bodily injury liability insurance herein provided
for shall be In effect at all times during the term of this contract. In the event
said insurance coverage expires at any time or times during the term of this
contract, Contractor agrees to provide at least thirty (30) days prior to said
expiration date a new certificate of insurance evidencing insurance
coverage as provided for herein for not less than the remainder of the term
of the contract, or for a period of not less than one (1) year. New
certificates of Insurance are subject to the approval of said Department of
General Services, and Contractor agrees that no work or services shall be
performed prior to the giving of such approval. In the event Contractor fails
to keep in effect at all times insurance coverage as herein provided, State
may, in addition to any other remedies It may have,terminate this contract
upon the occurrence of such event.
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 the
procurement of equipment will be deducted from the contract amount. Contractor
shall submit to the State a separate list of the equipment specifications. State will pay
vendor directly for equipment purchases and title to the equipment will remain with
the State. The equipment will be delivered either to the Contractor's address as
stated in the contract unless notified by the Contractor in writing.
c. (1) Title to state property shall not be affected by the incorporation or attachment
thereof to any property not owned by the State, nor shall such state property, or
any part thereof, be or become a fixture or lose its identity as personality by
reason of affixation to any realty.
(2) Unless otherwise provided herein, the State shall not be under any duty or
obligation to restore or rehabilitate, or to pay the cost of the restoration or
rehabilitation of the Contractor's facility or any portion thereof which is affected
by removal of any state property.
(3) The Contractor shall maintain and administer,in accordance with sound business
practice, a program for the utilization, maintenance, repair, protection, and
preservation of state property so to assure Its full availability and usefulness for the
performance of this contract. The Contractor shall take 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 equipment only. Before equipment purchases made by the Contractor are
reimbursed by the State,the Contractor must submit paid vendor receipts identifying
the purchase price, description of the item, serial number, model number, and
location where equipment will be used during the term of this agreement. Said paid
receipts will be attached to Contractor's invoices submitted to the State.
-4-
w Exhib"A M
6. Income Restrictions
The Contractor agrees that any refunds, rebates, credits, or other amounts (including any
interest thereon) accruing to or received by the Contractor under this contract shall be
paid by the Contractor to the State, to the extent that they are properly allocable to costs
for which the Contractor has been reimbursed by the State under this contract.
7. Examination of Accounts. Audit. Records. and Subcontract Lanquaae
a. The Contractor shall maintain books, records, documents, and other evidence,
accounting procedures, and practices, sufficient to reflect properly all direct and
indirect costs of whatever nature claimed to have been incurred in the performance
of this contract, i6cluding any matching costs and expenses. The foregoing
constitutes"records" for the purpose of this clause.
b. The Contractor's facility or office or such part thereof as may be engaged in the
performance of this contract and his records shall be subject at all reasonable times
to inspection, audit, and reproduction by the State or any of Its duly authorized
representatives, including the Comptroller General of the United States.
c. The Contractor shall preserve and make available his records (i) for a period of three
years from the date of final payment under this contract, and (11) for such longer
period, If any, as is required by applicable statute, by any other clause of this contract,
or by subparagraphs (1) or (2) below.
(1) If this contract is completely or partially terminated, the records relating to the
work terminated shall be preserved and made available for a period of three
years from the date of any resulting final settlement.
(2) If any litigation, claim, negotiation, audit, or other action Involving the records
has been started before the expiration of the three-year period, the records shall
be retained until completion of the action and resolution of all issues which arise
from it, or until the end of the regular three-year period, whichever Is later.
d. The Contractor further agrees to include in all his subcontracts hereunder a written
agreement with said subcontractor or vendor, the following clause:
"(Name of Vendor or Subcontractor) agrees to maintain and preserve, until three
years after termination of (Contractor's name). agreement or contract with the State
of California, and to permit the State or any of its duly authorized representatives,
including the Comptroller General of the United States, to have access to and
examine and audit any pertinent books, documents, papers, and records of(name of
subcontractor or vendor) related to this(purchase order or subcontract)."
8. Covenant Again tinge
The Contractor warrants that no person or selling agency has been employed or retained
to solicit or secure this contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Contractor for the purpose
of securing business. For breach or violation of this warranty, the State shall have the right
to annul this contract without liability or in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such commission, percentage,
brokerage, or contingent fee.
-5-
9. Inspection
The State, through any authorized representatives, has the right at all reasonable times to
inspect or otherwise evaluate the work performed or being performed hereunder including
subcontract supported activities and the premises in which it is being performed. If any
inspection or evaluation is made by the State of the premises of the Contractor or a
subcontractor, the Contractor shall provide and shall require his subcontractors to provide
all reasonable facilities and assistance for the safety and convenience of the state
representatives in the performance of their duties. All inspections and evaluations shall be
performed In such a manner as will not unduly delay the work.
10. Nondiscrimination in Services. Benefits. and Facilities
a. The Contractor will not discriminate In the provision of services because of race, color,
creed, national origin, sex, age, or physical or mental handicap as provided by state
and federal law.
b. For the purpose of this contract, distinctions on the grounds of race, color, creed,
national origin, sex, age, or physical or mental handicap include, but are not limited
to, the following: denying a participant any service or providing a benefit to a
participant which is different, or is provided in a different manner or at a different time
from that provided to other participants under this contract; subjecting a participant
to segregation or separate treatment in any matter related to his receipt of any
service; restricting a participant in any way in the enjoyment of any advantage or
privilege enjoyed by others receiving any service or benefit; treating a participant
differently from others in determining whether he satisfied any admission, enrollment
quota, eligibility, membership, or other requirement or condition which individuals must
meet in order to be provided any service or benefit; the assignment of times or places
for the provision of services on the basis of the race, color, creed, or national origin of
the participants to be served.
c. The Contractor will take affirmative action to ensure that intended beneficiaries are
provided services without regard to race, color, creed, national origin, sex, age, or
physical or mental handicap.
d. The Contractor agrees that complaints alleging discrimination in the delivery of
services by the Contractor or his or her subcontractor because of race, color, national
origin, creed, sex, age, or physical or mental handicap will be resolved by the State
through the Department of Health Services' Affirmative Action/Discrimination
Compliant Process.
e. The Contractor shall, subject to the approval of the Department of Health Services,
establish procedures under which service participants are Informed of their rights to file
a complaint alleging discrimination or a violation of their civil rights with the
Department of Health Services.
f. The Contractor shall operate the program or activity in such a manner that It Is readily
accessible to and usable by mentally or physically handicapped persons pursuant to
45 Code of Federal Regulations, Parts 84,Sections 84.21 and 84.22.
g. The Contractor shall keep records, submit required compliance reports, and permit
state access to records In order that the State can determine compliance with the
nondiscrimination requirements pursuant to 45 Code of Federal regulations, Parts 80,
84, and 90, Sections 80.6, 84.61, and 90.42.
-6-
EYfgblt A(F)
1 1. Final Invoice—Final Resort—Retention of Funds
If a final report is required by this contract, 10 percent of the face amount of the contract
or 50 percent of the final invoice, whichever is the larger amount, but not to exceed $3,000,
shall be withheld until after receipt by the State of a report satisfactory to the State.
12. Officials Not to Benefit
No member of or delegate to Congress or the State Legislature shall be admitted to any
share or part of this contract, or to any benefit that may arise therefrom; but this provision
shall not be construed to extend to this contract if made with a corporation for its general
benefit.
13. Rights in Data
a. Subject Data. As used in this clause, the term "Subject Data" means writings, sound
recordings, pictorial reproductions, drawings, designs or graphic representations,
procedural manuals, forms, diagrams, work flow charts, equipment descriptions, data
files and data processing or computer programs, and works of any similar nature
(whether or not copyrighted or copyrightable) which are first produced or developed
under this contract. The term does not include financial reports, cost analyses, and
similar information incidental to contract administration.
b. Federal Government and State Rights. Subject only to the provisions of "c" below, the
Federal Government and State may use, duplicate, or disclose in any manner and for
any purpose whatsoever, and have or permit others to do so, all Subject Data
delivered under this contract.
c. License to Copyrighted Data. In addition to the Federal Government and State rights
as provided In [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 Contractor now
has, or prior to completion or final settlement of this contract may acquire, the right to
grant such license without becoming liable to pay compensation to others solely
because of such grant.
d. Relation to Patents. The State reserves a license on patent rights in any contract
Involving research or developmental, experimental, or demonstration work with
respect to any discovery or invention which arises under this contract.
e. Marking and Identification. The Contractor shall mark all Subject Data with the
number of this contract and the name and address of the contractor or
subcontractor who generated the data. The Contractor shall not affix any restrictive
markings upon any Subject Data, and If such markings are affixed,-the Federal
Government or State shall have the right at any time to modify, remove, obliterate, or
Ignore any such markings.
f. Subcontractor Data. Whenever any Subject Data Is to be obtained from a
subcontractor under this contract, the Contractor shall use this same clause in
subcontract without alteration, and no other clause shall be used to enlarge or
diminish the Federal Government's or State's rights in the subcontractor Subject Data.
-7-
g. Deferred Ordering and Delivery of Data. The Federal Government or State shall have
the right to order, at any time during the performance of this contract, or within two
years from either acceptance of all items (other than data) to be delivered under this
contract or termination of this contract, whichever is later, any Subject Data and any
data not called for In the schedule of this contract but generated in performance of
the contract, and the Contractor shall promptly prepare and deliver such data as is
ordered. If the principal investigator is no longer associated with the Contractor, the
Contractor shall exercise Its best efforts to prepare and deliver such data as is ordered.
The Federal Government's or State's right to use data delivered pursuant to this
paragraph (g) shall be the same as the rights in Subject Data as provided in "b"
above. The Contractor shall be relieved of obligation to furnish data pertaining to an
Item obtained from a subcontractor upon the expiration of two years from the date
he accepts such Items. When data, other than Subject Data, is delivered pursuant to
this paragraph (g), payment shall be made, by equitable adjustment or otherwise, for
converting the data into the prescribed form, reproducing it or preparing It for
delivery. The terms of such payment shall be agreed upon in writing by the
Contractor and the State and/or Federal Government, whichever ordered the
production of the data.
14. Disabled Veterans and Veterans of the Vietnam Era
a. The Contractor will not discriminate against any employee or applicant for
employment because he or she is a disabled veteran or veteran of the Vietnam era In
regard to any position for which the employee or applicant for employment is
qualified. The Contractor agrees to take affirmative action to employ, advance in
employment, and otherwise treat qualified disabled veterans and veterans of the
Vietnam era without discrimination based upon their disability or veterans status in.all
employment practices such as the following: employment upgrading, demotion or
transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
b. The Contractor agrees that all suitable employment openings of the Contractor which
exist at the time of the execution of this contract and those which occur during the
performance of this contract, Including those not generated by this contract and
Including those occurring at an establishment of the Contractor other than the one
wherein the contract Is being performed but excluding those of independently
operated corporate affiliates, shall be listed at an appropriate local office of the state
employment service system wherein the opening occurs. The Contractor further
agrees to provide such reports to such local office regarding employment openings
and hires as may be required.
State and local government agencies holding federal contracts of $10,000 or more
shall also list all their suitable openings with the appropriate office of the state
employment service, but are not required to provide those reports set forth in
paragraphs"d" and °e".
c. Listing of employment openings with the employment service system pursuant to this
clause shall be made at least concurrently with the use of any other recruitment
source or effort and shall involve the normal obligations which attach to the placing
of bona fide job order, Including the acceptance of referrals of veterans and
nonveterans. The listing of employment openings does not require the hiring of any
particular job applicant or from any particular group of job applicants, and nothing
herein Is Intended to relieve the Contractor from any requirements In Executive Orders
or regulations regarding nondiscrimination in employment.
-8-
ERnlbit A(F)
d. The reports required by paragraph "b" of this clause shall include, but not be limited to,
periodic reports which shall be filed at least quarterly with the appropriate local office
or, where the Contractor has more than one hiring location in a State, with the central
office of that state employment service. Such reports shall indicate for each hiring
location (1) the number of individuals hired during the reporting period, (2) the
number of nondisabled veterans of the Vietnam era hired, (3) the number of disabled
veterans of the Vietnam era hired, and (4) the total number of disabled veterans
hired. The reports should include covered veterans hired for the on-the-job training
under 39 U.S.C. 1787. The Contractor shall submit a report within 30 days after the end
of each reporting period wherein any performance is made on this contract
identifying data for each hiring location. The Contractor shall maintain at each hiring
location copies of the reports submitted until the expiration of one year after final
payment under the contract, during which time these reports and related
documentation shall be made available, upon request, for examination by any
authorized representatives of the Federal Contracting Officer, the State, or the
Secretary of Labor. Documentation would include personnel records respecting job
openings, recruitment, and placement.
e. Whenever the Contractor becomes contractually bound to the listing provisions of this
clause, it shall advise the employment service system in each state where it has
establishments of the name and location of each hiring location in the state. As long
as the Contractor is contractually bound to these provisions and has so advised the
state system, there is no need to advise the state system of subsequent contracts. The
Contractor may advise the state system when it is no longer bound by this contract
clause.
f. This clause does not apply to the listing of employment openings which occur and are
filled outside the 50 states, the District of Columbia, Puerto Rico, Guam, and the
Virgin Islands.
g. The provisions of paragraphs "b", "c", "d", and "e" of this clause do not apply to
openings which the Contractor proposes to fill from within his own organization or to fill
pursuant to a.customary and traditional employer-union hiring arrangement. This
exclusion does not apply to a particular opening once an employer decides to
consider applicants outside of his own organization or employer-union arrangement .
for that opening.
h. As used in this clause:
(1) "All suitable employment openings" includes, but is not limited to, openings which
occur in the following job categories: production and nonproduction: plant and
office; laborers and mechanics; supervisory and nonsupervisory; technical and
executive, administrative, and professional openings that are compensated on a
salary basis of less than $25,000 per year. This term includes full-time employment,
temporary employment of more than three days' duration, and part-time
employment. It-does not include openings which the Contractor proposes to fill
from within his own organization or to fill pursuant to a customary and traditional
employer-union hiring arrangement nor openings in an educational Institution
which are restricted to students of that institution. Under the most compelling
circumstances, an employment opening may not be suitable for listing, including
such situations where the needs of the Federal Government cannot reasonably
be otherwise supplied, where listing would be contrary to national security, or
where the requirement of listing would otherwise not be for the best interest of
the Federal Government.
-9-
(2) "Appropriate office of the state employment service system" means the local
office of the federal/state national system of public employment offices with
assigned responsibility for serving the area where the employment opening is to
be filled, including the District of Columbia, Guam, Puerto Rico, and the
Virgin Islands.
(3) 'Openings which the Contractor proposes to fill from within his own organization"
means employment openings for which no consideration will be given to persons
outside the Contractor's organization (including any affiliates, subsidiaries, and
the parent companies) and includes any openings which the Contractor
proposes to fill from regularly established "recall" lists.
(4) 'Openings which the Contractor proposes to fill pursuant to a customary and
traditional employer-union hiring arrangement" means employment openings
which the contractor proposes to fill from union halls which is part of the
customary and traditional hiring relationship which exists between the Contractor
and representatives of his employees.
1. The Contractor agrees to comply with the rules, regulations, and relevant orders of the
Federal Secretary of Labor Issued pursuant to the Act.
J. In the event of the Contractor's noncompliance with the requirements of this clause,
actions for noncompliance may be taken in accordance with the rules, regulations,
and relevant orders of the Federal Secretary of Labor issued pursuant to the Act.
k. The Contractor agrees to post in conspicuous places available to employees and
applicants for employment notices in a form to be prescribed by the Director of the
Office of Federal Contract Compliance Programs, provided by or through the
contracting Officers or State. Such notices shall state the Contractor's obligation
under the law to take affirmative action to employ and advance in employment
qualified disabled veterans and veterans of the Vietnam era for employment, and the
rights of applicants and employees.
I. The Contractor will notify each labor union or representative of workers with which it
has a collective bargaining agreement or other contract understanding that the
Contractor is bound by terms of the Vietnam Era Veteran's Readjustment Assistance
Act and is committed to take affirmative action to employ and advance In
employment qualified disabled veterans and veterans of the Vietnam era.
m. The Contractor will Include the provisions of this clause in every subcontract or
purchase order of $10,000 or more unless exempted by rules, regulations, or orders of
the Federal Secretary of Labor Issued pursuant to the Act, so that such provisions will
be binding upon each subcontractor or vendor. The Contractor will take such action
with respect to any subcontract or purchase order as the Director of the Office of
Federal Contract Compliance Programs may direct to enforce such provisions,
Including action for noncompliance.
15. Ciean Air and Water
a. (Applicable only if the contract is not with a sole source vendor of products or
services, or If It exceeds$5,000.)
The Contractor agrees under penalty of perjury (it,he,she) is not in violation of any
order or resolution which is not subject to review promulgated by the State Air
Resources Board or an air pollution district.
-10.
E+NbH A(F)
The Contractor agrees under penalty or perjury (it, he, she) is not subject to cease and
desist order which is not subject to review issued pursuant to Section 13301 of the
Water Code for violation of waste discharge requirements or discharge prohibitions, or
is not finally determined to be in violation of provisions of federal law relating to air or
water pollution.
b. (Applicable only If the contract or subcontract exceeds $100,000 or the contract is not
otherwise exempt under 40 CFR 15.5.)
The Contractor agrees as follows:
(1) To comply with all the requirements of Section 114 of the Clean Air act as
amended (42 U.S.C. 7401 et seq., as amended by Public Law 95-95), and section
308 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq., as
amended by Public Law 92-500),respectively, relating to inspection, monitoring,
entry, reports, and information, as well as all other requirements specified in
Section 114 and Section 308 of the Air Act and the Water Act, respectively, and
all regulations and guidelines issued to implement those Acts before the award of
this contract.
(2) That no portion of the work required by this contract will be performed in a facility
listed on the Environmental Protection Agency List of Violating Facilities on the
date when this contract was awarded unless and until the Environmental
Protection Agency eliminates the name of such facility or facilities from such
listing.
(3) To use his best efforts to comply with clean air standards and clean water
standards at the facility in which the contract is being performed. The terms used
in this paragraph have the following meanings:
(a) The term "clean air standards" means any enforceable rules, regulations,
guidelines standards, limitations, orders, controls, or prohibitions or other
requirements which are contained in, issued under, or adopted pursuant to
the Clean Air Act.
(b) The term "clean water standards" means any enforceable limitation, control,
condition, prohibition, standard, or another requirement which is
promulgated pursuant to the Clean Water Act or contained in a permit
Issued to a discharger by EPA or by the State under an approved program
as authorized by Section 402 of the Clean Water Act (33 U.S.C. 1342), or by
a local government to ensure compliance with pretreatment regulations as
required by Section 307 of the Clean Water Act (33 U.S.C. 1317), and
regulations Issued pursuant thereto.
(c) In addition to compliance with clean air and water standards, the term
compliance shall also mean compliance with a schedule or plan ordered or
approved by a court of competent jurisdiction, the Environmental Protection
Agency, or an air or water pollution control agency in accordance with the
requirements of the Clean Air Act and the Federal Water Pollution Control
Act.
(4) As a condition for the award of a contract the applicant or contractor shall notify
the State of the receipt of any communication from the Assistant Administrator
for Enforcement, U.S. EPA Indicating that a facility to be utilized for the contract is
under consideration to be listed on the EPA List of Violating Facilities. Prompt
notification shall be required prior to contract award.
-11-
(5) To report violations to the State and to the Assistant Administrator for
Enforcement.
(6) To Insert the substance of the provisions of paragraph [b] into any nonexempt
subcontract, including this paragraph [b6], and to take such action as the
Federal Government may direct as a means of enforcing such provisions.
16. Utilization of Small Business and Minority and Women Owned Business Enterprise
a. It is a federal policy to award a fair share of contracts to small, minority, and women
owned business firms. The State Legislature has declared that a fair proportion of the
total purchases and contracts or subcontracts for property and services for the State
be placed with small minority and women owned business enterprises.
b. A firm shall qualify as a small business if it meets the requirements specified In
Government Code Section 14837.
C. The Contractor hereby agrees to carry out this policy in the awarding of subcontracts
to the fullest extent consistent with efficient contract performance. At used in this
contract, the term •minority business enterprise" means a business concern (1) which is
at least 51 percent owned by one or more minority group members or women, or in
the case of publicly owned business, at least 51 percent of the stock of which is
owned by one or more minority group members or women; and (2) whose
management and daily business operations.are controlled by one or more such
Individuals. A minority group member is a person who Is Black, Asian, Hispanic, Filipino,
Polynesian, American Indian, or Alaskan Native. *Control," as used in this clause, means
exercising the power to make policy decisions.
d. Contractors acting in good faith may rely on written representations by their
subcontractors regarding their status as minority business enterprises in lieu of an
Independent Investigation.
17. printing
If Printing or other reproduction work of more than an incidental and minor dollar amount Is
a reimbursable Item in this contract, it shall be printed or produced by the State Printer. The
State Printer may, at his sole option, elect to forego said work and delegate the work to the
private sector. If the State Printer prints or produces said work, or the State obtains the
printing or other work through the Office of State Procurement, the cost will be deducted
from said contract amount. This requirement does not apply to normal in-house copying
necessary for routine business matters of the Contractor.
18. Prior Approval of Training Seminars_Workshops_ or Conferences
Contractor shall obtain prior state approval over the location, costs, dates, agenda, instructors,
Instructional materials, and attendees at any reimbursable training seminar, workshop or conference,
and over any reimbursable publIcity or educational materials to be made available for distribution.
The Contractor shat acknowledge the support of the State whenever publicizing the work under the
contract in any media. This paragraph does not apply to necessary staff meetings to conduct routine
business matters.
-12-
EithIWt A(F)
19.
a. The Contractor and his or her employees agents, or subcontractors shall protect from
unauthorized disclosure names and other identifying information concerning persons
either receiving services pursuant to this contract or persons whose names or
identifying information become available or are disclosed to the Contractor, his/her
employees, agents, or subcontractors as a result of services performed under this
contract, except for statistical information not identifying any such person.
b. The Contractor, his/her employees, agents, or subcontractors shall not use such
identifying information for any purpose other than carrying out the Contractor's
obligations under this contract.
C. The Contractor, his/her employees, agents, or subcontractors shall promptly transmit
to the State all requests for disclosure of such identifying information not emanating
from the client or person.
d. The Contractor shall not disclose, except as otherwise specifically permitted by this
contract or authorized by the client, any such identifying information to anyone other
than the State without prior written authorization from the State.
e. For purposes of this paragraph, identity shall Include, but not be limited to, name,
Identifying number, symbol, or other identifying particular assigned to the individual,
such as finger or voice print or a photograph.
20. National Labor Relations Board Certification
(not applicable If Contractor is a public entity.)
Contractor, by signing this agreement, does swear under penalty of perjury that no more
than one final unappealable finding of contempt of court by a federal court has been
Issued against Contractor within the immediately preceding two-year period because of
the Contractor's failure to comply with an order of a federal court which orders the
Contractor to comply with an order of the National Labor Relations Board.
21. Dgcuments and Written R2V=
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 the Contractor believes there-is-a dispute or grievance between the Contractor and
the State, the procedures set forth in Chapter 2.1, Sections 20201 through 20205, of
Title 22, of the California Code of Regulations, shall be followed.
b. If the Contractor wishes to appeal the decision of the Deputy Director for Public
Health or his/her designee, the Contractor shall follow the procedures set forth In
Division 25.1 (commencing with Section 38050) of the Health and Safety Code and
the regulations adopted thereunder. (Title 1, Subchapter 2.5 commencing with
Section 251, California Code of Regulations.)
-13-
c. Disputes arising out of an audit or examination of a contract not covered by subdivision
(a) of Section 20204, of Chapter 2.1,Title 22, of the California Code of Regulations, and
for which no procedures for appeal are provided in statute, regulation or the contract
shall be handled in accordance with the procedures identified in Sections 51016
through 51047,Title 22,California Code of Regulations.
23.' flnancial and Compliance Audit of Nonprofit Entities
(Applicable only if Contractor is a private, nonprofit entity)
a. Definitions within this paragraph are defined in Section 38040 of the Health and Safety
Code,which,by this reference,is made a part hereof.
b. Contractor agrees to obtain an annual single, organization wide, financial and
compliance audit. The audit shall be conducted in accordance with the requirements
specified in the Federal Office of Management and the Budget (OMB) Circular A-133,
'Audits of Institutions of Higher Education and Other Nonprofit Organizations.'
c. References to 'Federal' in OMB Circular A-133 shall be considered to man 'Federal
and/or State' in contracts where State funds are present either alone or in conjunction
with Federal funds.
d. The audit shall be completed by the 15th day of.the fifth month following the end of the
Contractor's fiscal year. Two copies of the audit report shall be delivered to the State
program funding this contract. The report shall be due within 30 days after the
completion of the audit.
e. If the contractor receives less than $25,000 per year from the State, the audit shall be
conducted biennially, unless there is evidence of fraud or other violation of state law in
connection with this contract. This requirement takes precedence over the OMB A-133
section which exempts from Federal audit requirements any nonprofit institution
receiving less than $25,000 per year.
f. The cost of such audit may be included in the funding for this contract up to the
proportionate amount this contract represents of the Contractor's total revenue.
g. The State, or its authorized designee including the Auditor-General, is responsible for
conducting contract performance audits which are not financial and compliance
audits.
h. Nothing in this contract limits the State's responsibility or authority to enforce State law or
regulations,procedures,or reporting requirements arising pursuant thereto.
I. Nothing in this paragraph limits the authority of the State to make audits of this contract,
provided however, that if independent audits arranged for by Contractor meet
generally accepted governmental auditing standards, the State shall rely on those
audits and any additional audit work shall build upon the work already done. .
j. The State may, at its option, direct its own auditors to perform the single audit described
in OMB Circular A-133. The State's auditors shall meet the independence standards
specified in Government Auditing Standards. The audit shall be conducted in
accordance with OMB Circular A-133 so as to satisfy all State and Federal requirements
for a single organization wide audit.
24. Contract Amendments
a. This contract may be amended by mutual agreement between the parties and, if
required by Government Code, Section 11010.5, or Public Contract Code, Section
10355,the amendment shall be subject to the approval of the Department of General
Services,unless otherwise exempted.
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4 ,
EYMbIt A(F)
b. If any amendment to this contract has the effect of increasing the monetary amount
of the contract or an agreement by the State to indemnify or save harmless the
Contractor, his agents or employees, the amendment shall be approved by the
Department of General Services, unless otherwise exempted.
25. Evaluation of Contractors
The Contractor's performance under this contract shall be evaluated at the conclusion of
the term of this contract. The evaluation shall include, but not be limited to:
a. Whether the contracted work or services were completed as specified in the contract
and reasons for and amount of any cost overruns.
b. Whether the contracted work or services met the quality standards specified in the
contract.
C. Whether the Contractor fulfilled all requirements of the contract.
d. Factors outside the control of the Contractor which caused difficulties in Contractor
performance. The evaluation of the Contractor shall not be a public record.
26. Conflict of Interest—Current and Former State 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 the term of this contract unless any relationship with the Contractor giving
rise to a financial interest, as an employee or otherwise, is first terminated.
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(7) Occasional or one-time reimbursement of a state employee's travel expenses is
not acceptable.
(Citation: Public Contract Code, Section 10410)
b. Former State Officers and Employees
(1) Contractor shall not utilize in the performance of this contract any formerly
employed person of any state agency or department that was employed under
the state civil service, or otherwise appointed to serve in the State Government, if
that person was engaged in any negotiations, transactions, planning,
arrangement, or any part of the decision-making process relevant to the
contract while employed in any capacity by any state agency or department.
This prohibition shall apply for a two-year period beginning on the date the
person left state employment.
(2) Contractor shall not utilize within 12 months from the date of separation of
services, a former employee of the contracting state agency or department if
that former employee was employed in a policy making position in the some
general subject area as the proposed contract within the 12-month period prior
to the employee leaving state service.
(Citation: Public Contract Code, Section 10411)
c. Failure to Comply with Subparts"a" or"b"
(1) If Contractor violates any provision of Subparts "a" or "b" above, such action by
Contractor shall render this contract void, unless the violation is technical or
nonsuhstnntive_
(Citation: Public Contract Code, Section 10420)
27. Shale Audit Act of 19114 (applicable only If Contractor is a governmental entity)
In accordance with Public Law 98-502 and OMB Circular A-128, it is stipulated between the
parties hereto that:
a. The cost of the single audit will be charged to the federal assistance program
providing funds for this agreement on a "Fair Share" basis. The amount chargeable to
federal assistance programs for the cost of the single audit is calculated based on the
ratio of federal expenditures to total expenditures of the Contractor. The State's share
of the single audit cost Under this contract is based upon the ratio of federal funds
received under this agreement to total federal funds received by the Contractor
each fiscal year.
b. The Contractor shall Include a clause In any contract the Contractor enters Into with
the audit firm doing the single audit to provide access by the State or Federal
Government to the working papers of the Independent auditor who prepares the
single audit for the Contractor.
c. Federal or State auditors shall have "expanded scope auditing" authority to conduct
specific program audits during the same period in which a single audit is being
performed, but the audit report has not been issued. The federal or state auditors
shall review and have access to the current audit work being conducted and will not
apply any testing or review procedures which have not been satisfied by previous
audit work that has been completed.
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a
The term 'expanded scope auditing' is applied and defined in the U.S. General
Accounting Office (GAO) issued Standards for Audit of Governmental Organizations,
Programs,Activities and Functions,better known as the 'yellow book.'
28. Contractor Name Change
Contractor shall provide written notice to the State at least 30 days prior to any changes to
the Contractor's current legal name.
29. Noycdagn
If the Contractor proposes any novation agreement,the State shall act upon the proposal
within 60 days after receipt of the written proposal. The State may review and consider the
proposal,consult and negotiate with the Contractor,and accept or reject all or part of the
proposal. Acceptance or rejection may be made orally within the 60 day period, and
confirmed in writing within five days.
30. Drug-Free Workplace
Contractor certifies to the State that it will provide a drug-free workplace by doing all of
the following:
a. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensation, possession, or use of a controlled substance is prohibited in
the person's or organization's workplace and specifying the actions that will be taken
against employees for violations of the prohibition.
b. Establishing a drug-free awareness program to inform employees about all of the
following:
(1) The dangers of drug abuse in the workplace.
(2) The person's or organization's policy of maintaining a drug-free workplace.
(3) Any available drug counseling, rehabilitation, and employee assistance
programs.
(4) The penalties that may be Imposed upon employees for drug abuse violations.
c. Requiring that each employee engaged in the performance of the contract or grant
be given a copy of the statement required by subdivision(a)and that,as a condition
of employment on the contract or grant,the employee agrees to abide by the terms
of the statement.
d. Contractor agrees this contract may be subject to suspension of payments or
termination of this contract,or both,and the contractor may be subject to debarment,
in accordance with the requirements of the Government Code Section 8350, et seq.,If
the Department determines that any of the following has occurred: -
(1) The contractor or grantee has made a false certification.
(2) The contractor violates the certification by failing to carry out the requirements of
subdivisions(a)through(c)above.
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31. Debamnent and Susggnslon Requirements
F
Contractor agrees to comply with the debarment and suspension requirements as found in
7 Code of Federal Regulations,Part 3017,or as amended.
32. LIMITATIONS ON PAYMENTS TO INFLUENCE
CERTAIN FEDERAL ACTIONS AND RELATED DISCLOSURES
(a) Definitions. As used in this Exhibit,
'Agency,' as defined in 5 U.S.C. 552(f), includes Federal executive departments and
agencies as well as independent regulatory commissions and Government
corporations,as defined in 31 U.S.C. 9101(1).
'Covered Federal action' means any of the following Federal actions:
(1) The awarding of any Federal contract;
(2) The making of any Federal grant;
(3) The making of any Federal loan;
(4) The entering into of any cooperative agreement; and
(5) The extension, continuation, renewal, amendment, or modification of any
Federal contract,grant,loan;or cooperative agreement.
Covered Federal action does not include receiving from an agency a commitment
providing for the United States to insure of guarantee a loan.
'Indian tribe' and 'tribal organization' have the meaning provided in section 4 of the
Indian Self-Determination and Education Assistance Act (25 U.S.C. 45013). Alaskan
Natives are included under the definitions of Indian tribes in the Act.
'Influencing or attempting to influence' means making, with the intent to influence,
any communication to or appearance before an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress,in connection with any covered Federal action.
'Local government' means a unit of government in a State and, if chartered,
established,or otherwise recognized by a State for the performance of a government
duty, including a local public authority, a special district, an intrastate district, a
council of governments, a sponsor group representative organization, and any other
instrumentality of a local government.
'Officer or employee of an agency' includes the following individuals who are
employed by an agency:
(1) An individual who is appointed to a position in the Government under title 5,
U. S. Code,including a position under a temporary appointment;
(2) A member of the uniformed services as defined in section 101(3), title 37,
U. S. Code;
(3) A special government employee as defined in section 202, title 18, U. S. Code;
and
(4) An individual who is a member of a Federal advisory committee, as defined by
the Federal Advisory Committee Act,title 5,U.S. Code,Appendix 2.
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'Person' means an individual, corporation, company, association, authority, firm,
partnership, society, State, and local government, regardless of whether such entity is
operated for profit or not for profit. This term excludes an Indian tribe, tribal
organization,or any other Indian organization with respect to expenditures specifically
permitted by other Federal law.
'Reasonable compensation" means, with respect to a regularly employeed officer or
employee of any person, compensation that is consistent with the normal
compensation for such officer or employee for work that is not furnished to, not
funded by,or not furnished in cooperation with the Federal Government.
'Reasonable payment" means, with respect to professional and other technical
services,a payment in on amount that is consistent with the amount normally paid for
such services in the private sector.
'Recipient" includes the Contractor or Grantee,and all subcontractors or subgrantees
at any tier in connection with a Federal contract, grant, or other Federally funded
activity. The term excludes an Indian tribe, tribal or ganization, or any other Indian
organization with respect to expenditures specifically permitted by other Federal law.
`Regularly employed' means, with respect to an officer or employee of a person
requesting or receiving a Federal contract, an officer or employee who is employed
by such person for at least 130 working days within 1 year Immediately preceding the
date of the submission that initiates agency consideration of such person for receipt of
such contract. An officer or employee who is employed by such person for less than
130 working days within i year immediately preceding the date of the submission that
initiates agency consideration of such person shall be considered to be regularly
employed as soon as he or she is employed by such person for 130 working days.
'State' means a State of the United States, the District of Columbia. the
Commonwealth of Puerto Rico, a territory or possession of the United States, an
agency or instrumentality of a State, and a multi-State, regional, or Interstate entity
having governmental duties and powers.
b Prohibition.
(1) Section 1352 of title 31, U. S. Code provides in part that no appropriated funds
may be expended by the recipient of a Federal contract, grant, loan, or
cooperative agreement to pay any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in
connection with any of the following covered Federal actions: The awarding of
any Federal contract, the making of any Federal grant, the making of any
Federal loan, entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract,
grant,loan,or cooperative agreement.
(2) The prohibition does not apply as follows:
(7 Agency and legislative liaison by Own Employees.
(A) The prohibition on the use of appropriated funds, in paragraph (b)(1),
does not apply in the case of a payment of reasonable compensation
made to an officer or employee of a person requesting or receiving a
Federal contract if the payment is for agency and legislative liaison
activities not directly related to a covered Federal action.
-19-
(B) For purposes of paragraph (b)(2)(1)(A), providing any information
specifically requested by an agency or Congress is allowable at any
time.
(C) For purposes of paragraph (b)(2)(i)(A) of this section, the following
agency and legislative liaison activities are allowable at any time only
where they are not related to a specific solicitation for any covered
Federal action:
() Discussing with any agency (including individual demonstrations)
the qualities and characteristics of the person's products or
services.conditions or terms of sale,and service capabilities; and,
(i) Technical discussions and other activities regarding the
application or adaptation of the person's products or services for
an agency's use.
(D) For purposes of paragraph (b)(2)()(A) of this section, the following
agency and legislative liaison activities are allowable only where they
are prior to formal solicitation of any covered Federal action:
() Providing any information not specifically requested but necessary
for an agency to make an informed decision about initiation of a
covered Federal action;
(i) Technical discussions regarding the preparation of an unsolicited
proposal prior to its official submission; and,
(iii) Capability presentations by persons seeking awards from an
agency pursuant to the provisions of the Small Business Act, as
amended by Public Law 95-507 and other subsequent
amendments.
(E) Only those activities expressly authorized by paragraph (b)(2)(i) are
allowable under paragraph(b)(2)().
(i) Professional and technical services by Own Employees.
(A) The prohibition on the use of appropriated funds, in paragraph (b)(1),
does not apply in the case of any reasonable payment of reasonable
compensation made to on officer or employee of a person requesting
or receiving a Federal contract or an extension, continuation, renewal,
amendment, or modification of a Federal contract if payment is for
professional or technical services rendered directly in the preparation,
submission or negotiation of any bid, proposal, or application for that
Federal contract or for meeting requirements imposed by or pursuant
to law as a condition for receiving that Federal contract.
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S ,
(B) For purposes of paragraph (b)(2)(ii)(A), 'professional and technical
services' shall be limited to advice an analysis directly applying any
professional or technical discipline. For example, drafting of a legal
document accompanying a bid or proposal by a lawyer is allowable.
Similarly, technical advice provided by an engineer on the
performance or operational capability of a piece of equipment
rendered directly in the negotiation of a contract is allowable.
However, communications with the intent to influence made by a
professional (such as a licensed lawyer) or a technical person (such as
a licensed accountant) are not allowable under this section unless they
provide advice and analysis directly applying their professional or
technical expertise and unless the advice or analysis is rendered
directly and solely in the preparation, submission or negotiation of a
covered Federal action. thus, for example, communications with the
intent to influence made by a lawyer that do not provide legal advice
and analysis directly and solely related to the legal aspects of his or her
client's proposal, but generally advocate one proposal over another
are not allowable under this section because the lawyer is not
providing professional legal services. Similarly,communications with the
intent to influence made by an engineer providing an engineering
analysis prior to the preparation or submission of a bid or proposal are
not allowable under this section since the engineer is providing
technical services but not directly in the preparation, submission or
negotiation of a covered Federal action.
(C) Requirements imposed by or pursuant to law as a condition for
receiving a covered Federal award include those required by law or
regulation,or reasonably expected to be required by law or regulation,
and any other requirements in the actual award documents.
(D) Only those services expressly authorized by paragraph (b)(2)(ii) are
allowable under paragraph(b)(2)(0).
00 Reporting for Own Employees.
No reporting is required with respect to payments of reasonable
compensation made to regularly employed officers or employees of a
person.
(iv) Professional and technical services by Other than Own Employees.
(A) The prohibition on the use of appropriated funds, in paragraph (b)(1),
does not apply in the case of any reasonable payment to a person,
other.than.an officer or employee of a person requesting or receiving a
covered Federal action, If the payment is for professional or technical
services rendered directly in the preparation,submission,or negotiation
of any bid, proposal, or application for that Federal contract or for
meeting requirements imposed by or pursuant to law as a condition for
receiving that Federal contract.
-21-
(B) For purposes of paragraph (b)(2)(iv)(A), 'professional and technical 1
services' shall be limited to advice and analysis directly applying any
professional or technical discipline. For example, drafting of a legal
document accompanying a bid or proposal by a lawyer is allowable.
Similarly, technical advice provided by an engineer on the
performance or operational capability of a piece of equipment
rendered directly in the negotiation of a contract is allowable.
However, communications with the intent to influence made by a
professional (such as a licensed lawyer) or a technical person (such as
a licensed accountant)are not allowable under this section unless they
provide advice and analysis directly applying their professional or
technical expertise and unless the advice or analysis is rendered
directly and solely in the preparation, submission or negotiation of a
covered Federal action. Thus, for example, communications with the
intent to influence made by a lawyer that do not provide legal advice
or analysis directly and solely related to the legal aspects of his or her
client's proposal, but generally advocate one proposal over another
are not allowable under this section because the lawyer is not
providing professional legal services. Similarly,communications with the
intent to influence made by an engineer providing an engineering
analysis prior to the preparation or submission of a bid or proposal are
not allowable under this section.since the engineer is providing
technical services but not directly in the preparation, submission or
negotiation of a covered Federal action.
(C) Requirements imposed by or pursuant to law as a condition for
receiving a covered Federal award include those required by law or
regulation,or reasonably expected to be required by law or regulation,
and any other requirements in the actual award documents.
(D) Persons other than officers or employees of a person requesting or
receiving a covered Federal action include consultants and trade
associations.
(E) Only those services expressly authorized by paragraph (b)(2)(W of this
section are allowable under paragraph WX2)(iv).
(v) The prohibition on use of Federal appropriated funds does not apply to
influencing activities not in connection with a specific covered Federal
action. These activities include those related to legislation and regulations
for a program versus a specific covered Federal action.
(55 Fed. Reg. 24542 (June 15, 1990).)
(c) Certification and Disclosure.
(1) Each person (or recipient) who requests or receives a contract, subcontract,
grant,or subgrant,which Is subject to section 1352 of title 31, United States Code,
and which exceeds $11 001W at any tier, shall file a certification (in the form set
forth in Attachment 1, consisting of one page, entitled 'Certification Regarding
Lobbing') that the recipient has not made, and will not make, any payment
prohibited by paragraph(b)of this Exhibit.
-22-
` (2) Each recipient shall file a disclosure (in the form set forth in Attachment 2
consisting of three pages, entitled 'Standard Form-LLL-'Disclosure of Lobbying
Activities') if such recipient has made or has agreed to make any payment using
nonappropriated funds (to include profits from any covered Federal action) in
connection with a contract or grant or any extension or amendment of that
contract or grant, which would be prohibited under paragraph (b) of this Exhibit
if paid for with appropriated funds.
(3) Each recipient shall file a disclosure form at the end of each calendar quarter in
which there occurs any event that requires disclosure or that materially affects
the accuracy of the information contained in any disclosure form previously filed
by such person under paragraph (c)(2). An event that materially affects the
accuracy of the information reported includes:
() A cumulative increase of $25,000 or more in the amount paid or expected
to be paid for influencing or attempting to influence a covered Federal
action;or
(i) A change in the person(s) or individual(s) influencing or attempting to
influence a covered Federal action; or,
(iii) A change in the officer(s), employee(s), or Member(s) contacted for the
purpose of influencing or attempting to influence a covered Federal action.
(4) Each person (or recipient) who requests or receives from a person referred to in
paragraph (c)(1) of this section a contract, subcontract, grant, or subgrant
exceeding $100,000 at any tier under a contract or grant shall file a certification,
and a disclosure form,if required,to the next tier above.
(5) All disclosure forms(but not certifications) shall be forwarded from tier to tier until
received by the person referred to in paragraph (1) of this section. That person
shall forward all disclosure forms to the State agency.
(d) Agreement. In accepting any contract,grant,subcontract or subgrant subject to this
Exhibit,the recipient (and any person submitting an offer for such a contract or grant)
agrees not to make any payment prohibited by law or this Exhibit.
(e) Penalties.
(1) Any person who makes an expenditure prohibited under paragraph (b) of this
Exhibit shall be subject to a civil penalty of not less than $10A00 and not more
than$100A00 for each such expenditure.
(2) Any person who fails to file or amend the disclosure form to be filed or amended
if required by this Exhibit,shall be subject to a civil penalty of not less than $10A00
and not more than $100A00 for each such failure.
(3) Recipients may rely without liability on the representations made by their
subcontractors or subgrantees in the certification and disclosure form.
(f) Cost allowability. Nothing in this Exhibit is to be interpreted to make allowable or
reasonable any costs which would be unallowable or unreasonable in accordance
with Part 31 of the Federal Acquisition Regulation. Conversely,costs made specifically
unallowable by the requirements in this Exhibit will not be made allowable under any
of the provisions of Part 31 of the Federal Acquisition Regulation.
-23-
Attachment 1
STATE OF CALIFORNIA
DEPARTMENT OF HEALTH SERVICES
CERTIFICATION REGARDING LOBBYING
The undersigned certifies,to the best of his or her knowledge and belief,that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned,to any person for Influencing or attempting to Influence an officer or employee of an agency
of the United States Government, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress In connection with the making, awarding or entering Into of this
Federal contract, Federal grant, or cooperative agreement, and the extension, continuation, renewal,
amendment,or modification of this Federal contract,grant,or cooperative agreement.
(2)If any funds other than Federal appropriated funds have been paid or will be paid to any person
for Influencing or attempting to Influence an officer or employee of any agency of the United States
Government,a Member of Congress,an officer or employee of Congress,or an employee of a Member of
Congress in connection with this Federal contract,grant,or cooperative agreement,the undersigned shall
complete and submit Standard Form LLL, 'Disclosure of Lobbying Activities' In accordance with Its
Instructions.
(3) The undersigned shall require that the language of this certification be Included In the award
documents for all subawards at all tiers (Including subcontractors,subgrants,and contracts under grants
and cooperative agreements) of $100,000 or more, and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered Into. Submission of this certification Is a prerequisite for making or entering Into this
transaction Imposed by Section 1352, Title 31, U. S. Code. any person who falls to file the required
certification shall be subject to a civil penalty of not less than S 10,000 and not more than$100,000 for each
such failure.
None of Cor*Wor ftrted None of Peeon S w*v for Conhactor
caftae/Gant NuTtw s we km of Pwwn so for oortiroetor
fble 11M
After execution by or on Behalf of Contractor,please return to:
Department of Health Services
(Name of the DHS program providing the funds)
P.O.Box 942732
714 P Street
Sacramento,CA 94234-7320
Cb6 MMucNord&Aeln No.13(10/91) -24-
Attachment 2
DISCLOSURE OF LOBBYING ACTIVITIES "44`��OAA
-0046
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse for public burden disclosure)
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
❑ a. contract ❑ a. bid/offer/application ❑ a initial filing
b. grant b. Initial award b. material change
c. cooperative agreement c. post-award For Material Change Only:
d. loan
e. loan guarantee Year quarter
f. loan Insurance date of last report
4. Name and Address of Reporting Entity: 5. If Reporting Entity In No.4 is Subawardee,Enter Name
and Address of Fri
❑ Prime ❑ Subawardee
Tier ,If known:
Congressional District.If known: Congressional District,If known:
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number,If applicable:
8. Federal Action Number,if known: 9. Award Amount,if known:
10. a. Name and Address of Lobbying Entity b. Name and Address of Lobbying Entity
(if individual,last name,first name.MI): Of Individual,last name,first name,MI):
(attach Continuation Sheet(s)SF-LLL-A,if necessary)
11. Amount of Payment(check all that apply): 13. Type of Payment(check all that apply):
S ❑ actual ❑ planned ❑ a. retainer
12. Form of Payment(check all that apply): ❑ b. one-time fee
❑ c. commission
❑ a. cash
❑ d contingent fee
❑ b. in-kind,specify: Nature
❑ e. deferred
Value ❑ f. other,specify:
14. Brief Description of Services Performed or to be Performed and Date(s)of Service,Including Officer(s),Employee(s),
or Member(s)Contacted,for Payment Indicated in Item 11:
(Attach Continuation Sheet(s)SF-LLL-A.If necessary)
15. Continuation Sheet(s)SFLLL--A Attached: ❑ Yes ❑ No
16. Information requested through this form Is authorized by Title 31,
U.S.C.,Section 1352. This disclosure of lobbying activities is a e
material representation of fact upon which reliance was
placed by the tier above when this transaction was made or
entered Into. This disclosure Is required pursuant to Title 31, P"Nana:
U.S.C.,Section 1352. This Information will be reported to the
Congress semiannually and will be available for public tf.:
inspection. Any person who fails to file the required disclosure
shall be subject to a civil penalty of not less than$10,000 and
not more than$100.000 for each such failure. X1 m No.: Date:
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Authorized for lOCOI Reproduction-- -
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Standard Form 111
CMS hstnrcbond 19"th No.14(10191) -25-
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the
initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to Title 31, U.S.C..
Section 1352. The filing of a form Is required for each payment or agreement to make payment to any lobbying entity for
influencing or attempting to Influence an officer or employee of any agency, a Member of congress, an officer or
employee of congress,or an employee of a Member of Congress In connection with a covered Federal action. Use the
SF-LLL-A Continuation Sheet for additional Information If the space on the form is inadequate. Complete all items that
apply for both the INtlal filing and material change report. Refer to the Implementing guidance published by the Office of
Management and Budget for additional Information.
1. Identify the type of covered Federal action for which lobbying activity Is and/or has been secured to Influence the
outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow up report caused by a material change to the
Information previously reported,enter the year and quarter In which the change occurred. Enter the date of the last
previously submitted report by this reporting entity for this covered Federal Action.
4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District,if known.
Check the appropriate closslficatlon of the reporting entity that designates If It Is, or expects to be, a prime or
subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier.
Subawards Include but are not limited to subcontracts,subgrants and contract awards under grants.
5. If the organtzatlon filing the report In Item 4 checks'Subawardee;then enter the full name,address,city,state and zip
code of the prime Federal recipient. Include Congressional District,If known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational
level below agency name,if known. For example,Department of Transportation,United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (Item 1). If known, enter the full
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan
commitments.
B. Enter the most appropriate Federal Identifying number available for the Federal action Identified in Item 1
(e.g..Request for Proposal (RFP) number. Invitation for Bid (IFB)number. grant announcement number;the contract,
grant, or loan award number; the appllcation/proposal control number assigned by the Federal agency). Include
prefixes,e.g.'RFP-DE-90-001.'
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the
Federal amount of the award loan commitment for the prime entity identified In Item 4 or 5.
10. (a) Enter the full name, address, city,state and zip code of the lobbying entity engaged by the reproting entity
Identified In Item 4 to Influence the covered Federal action.
(b) Enter the full names of the Individual(s)performing services,and Include full address If different from 10.(a). Enter
last name,first name,and middle Initial(MD.
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4)to the
lobbying entity(item 10). INdicate whether the payment has been made(actual)or will be made(planned). Check
all boxes that apply if this Is a material change report,enter the cumulative amount of payment made or planned to
be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution,
specify the nature and value of the In-kind payment.
13. Check the appropriate box(es). Check all box(es)that apply. If other,specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to
perform,and the date(s)of any services rendered. Include all preparatory and related activity,not just time spent in
actual contact with Federal officials. Identity the Federal official(s) or employee(s) contacted or the officer(s),
employee(s),or Member(s)of Congress that were contacted.
15. Check wether or not a SF-LLL-A continuation Sheet(s)Is attached.
16. The certifying official shall sign and date the form,print his/her name,title,and telephone number.
Public reporting burden for this collection of informoflon Is estimated to average 30 minutes per response,
Including fime for reviewing Instructions,searching existing data sources,gathering and maintaining the
data needed,and completing and reviewing the collection of Information. Send comments regarding
the burden es timate or any other aspect of this collection of Information, including suggestions for
reducing this burden,to the Office of Management and Budget. Paperwork Reduction Project
(034840046).Washington,D.C.,20503.
-26-
DISCLOSURE OF LOBBYING ACTIVITIES
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State of California--Health and Welfare Agency Department of Health Services
EXHIBIT: D
FEDERAL CONTRACT FUNDS
1 . It is mutually understood between the parties that this contract may have been
written before ascertaining the availability of congressional appropriation of
funds for the mutual benefit of both parties in order to avoid program and fiscal
delays which would occur if the contract were executed after that
determination was made.
2. This contract is valid and enforceable only if sufficient funds are made available
to the States by the United States Government for the Fiscal Year 1994-95 for
the purposes of this program. In addition, this contract is subject to any
additional restrictions, limitations, or conditions enacted by the Congress or any
statute enacted by the Congress which may affect the provisions, terms,. or
funding of this contract in any manner.
3. It is mutually agreed that if the Congress does not appropriate sufficient funds
for the program, this contract shall be amended to reflect any reduction in
funds.
4. The Department has the option to void the contract with 30-days written notice
or to amend the contract to reflect any reduction of funds.
CMS Instructional Bulletin No. 04(12/93)
.State of California - Health and Welfare Agency Department of Health Services
Primary Care and Family Health
EXHIBIT E
PROGRESS REPORT
...... .. .......... .. . .... . .. ........... ............. ....
.......
.._...._ __ ......
......................................................__..........__._.
Contractor sheuld duplicate thi& 1 REPORT PERIOD
form to prepare reports:
SUE3MIT CTRIGINAL AND 2 E I JULY TO DECEMBEE3 i9_
COPIES TO_ [I JANUARY TO JUNE, 19
[I OTFtER{Specify)
YOUR COMRACT MANAGER 2 ' CONTRACT NlJMt3ER
N16ternal and Child Health Branch..
714 PBtreet,Room 708
P.U.Bax 842732 WE ENCOURAGE YOU TO BE BRIEF.
Sacrsmerlto.GA 94234-7320
PLEASE LIMIT REPORTS TO:
(between 5 and 10 pages)
3. PROJECT TITLE
4. AGENCY NAME AND ADDRESS 5. AGENCY REPRESENTATIVE PREPARING REPORT
NAME:
TITLE:
PHONE:
INSTRUCTIONS
Items 1-5: Self-Explanatory
Item 6. ATTACH NARRATIVE STATEMENT OF PROJECT PROGRESS TO THIS FORM: The narrative must include the following:
a. Summarize progress made to date toward meeting each objective, as specified in the SCOPE OF WORK, Exhibit B.
Use quantifiable terms, if applicable.
b. Briefly describe any problems encountered in implementing the objective. Outline strategies for dealing with the
unresolved problems. Discuss personnel transactions (including vacancies)which have had an impact.on meeting
the objective.
C. Address any issues needing the special attention of State staff.
Retain progress report supplements on file for State review and submit required contract deliverable which may be specified in the
SCOPE OF WORK, Exhibit B, directly to your Contract Manager under separate cover.
CERTIFICATION BY PROJECT DIRECTOR:
I certify that the information presented in this report accurately reflects the current status of this project to the best of my
knowledge.
Original Signature Date
(Project Director)
State of California-Health and Welfare Agency Deparamnt of Health Services
Contract Management Section
Exhibit F
Contract Uniformity
Pursuant to the provisions of Article 1.8 (commencing with Section 242)of Chapter 2 of Part 1 of Division 1 of
the Health and Safety Code, the Department of Health Services, an agency of the State of California, sets forth
the following policies, procedures, and guidelines regarding fringe benefits.
1. As used in this agreement with reference to State funds,fringe benefits shall mean an employment benefit
given by one's employer to an employee in addition to one's regular or normal wages or salary.
2. As used herein, fringe benefits does not include:
a. Compensation for personal services paid currently or accrued by the Contractor for services of
employees rendered during the term of this agreement which is identified as regular or normal
salaries and wages, vacation, sick leave, holidays, jury duty, and/or military leave.
b. Director's and executive committee member's fees
C. Incentive or bonus pay
d. Allowance for off-site pay
e. Incentive or bonus pay
f. Location allowances
g. Hardship pay
h. Cost-of-living differentials
3. Specific allowable fringe benefits are identified as:
Fringe benefits in the form of employer contributions for employer portion of payroll taxes(i.e.,FICA,SUI,
SDI,Training), employee health plans (i.e.,health, dental, and vision), unemployment insurance, workers
compensation insurance and employers portion of pension/retirement plans provided they are granted in
accordance with established written organization policies and meet all legal and Internal Revenue Service
requirements.
4. To be an allowable fringe benefit, it is agreed the cost must meet the following criteria:
a. Be necessary and reasonable for the performance of the contract,
b. Be determined in accordance with generally accepted accounting principles,
C. Be consistent with policies that apply uniformity to all activities of the Contractor.
5. It is agreed by both parties that any and all fringe benefits shall be at actual cost.
6. Accrued Compensation
a. Compensation for vacation, sick leave,and holidays is limited to that amount accrued within the
contract term. Unused vacation, sick leave, and holidays earned from periods prior to the
contract period cannot be claimed as allowable costs (See page 2 for an example).
b. For multiple year contracts,vacation and sick leave compensation which is accrued but not paid,
due to employee(s) not taking vacation or sick leave may be carried over and claimed within the
overall term of the multiple years of the contract. Holidays cannot be carried over (See page 2
for an example).
C. For single year contracts, vacation, sick leave, and holiday compensation which is accrued but
not paid, due to employee(s) not taking time-off within the contract term,cannot be claimed as
an allowable cost (See page 2 for an example).
Page 1 of 2
Revised 1/94
1
Exhibit G
STATE OF CALIFORNIA
DEPARTMENT OF HEALTH SERVICES
Prior to July 1, 1994 Language
1 . It is mutually understood between the parties that this contract may have
been written and executed prior to July 1 , 1994 for the mutual benefit of
both parties in order to avoid program and fiscal delays which could occur
if the contract were executed after July 1 , 1994.
2. This contract is valid and enforceable only if sufficient funds are made
available by the Budget Act of 1994 for the Fiscal Year 1994-95 for the
purposes of this program. In addition, this contract is subject to any
additional restrictions, limitations, or conditions enacted by the Legislature
and contained in the Budget Bill or any statute enacted by the Legislature
which may affect the provisions, terms, or funding of this contract. in any
manner.
3. It is mutually agreed that if the Budget Act of 1994 does not appropriate
sufficient funds for the program, this contract shall be invalid and of no
further force and effect. In this event, the State shall have no liability to pay
any funds whatsoever to the contractor or to furnish any other
considerations under this contract and the contractor shall not be obligated
to perform any provisions of this contract.
CMS Instructional Bulletin No.03(12193)
EXHIBIT J
MATERNAL AND CHILD HEALTH (MCH) BRANCH
Federal Financial Participation (FFP) Invoicing Guidelines
SAMPLE OF COVER LETTER
(Use Official Letterhead)
Date
Administrative Management Section
Maternal and Child Health Branch
714 P Street, Room 708
P.O. Box 942732
Sacramento, CA 94234-7320
MATERNAL AND CHILD HEALTH CONTRACT #
Enclosed for payment is our invoice number in the total amount of
$ which covers the period of through (inclusive
dates) for services rendered pursuant to the terms and conditions established in the above
referenced MCH contract.
Sincerely,
Name, Title
Enclosure
Page 1 of 6
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EXHIBIT J
MATERNAL AND CHILD HEALTH (MCH) BRANCH
Federal Financial Participation (FFP) Invoicing Guidelines
All invoices for funds associated with MCH contracts must be processed according to the following
guidelines.
Original Invoice
The cover letter, invoice, and invoice detail worksheets must be prepared and formatted as shown on this
Exhibit J and Paragraph 9 of the Standard Agreement or Interagency Agreement. The original and one (1)
copy of the invoice shall be submitted to the MCH Branch, Administrative Management Section, for
processing. Each cover letter must:
1 . Be printed on official agency letterhead:
2. Include original signatures; and
3. Have appropriate small business indicator stamp, if applicable.
Each invoice must include:
1. Original signatures;
2. Appropriate expenditure line item codes and descriptions; and
3. Invoice detail worksheets.
Please note that MCH will only process invoices based on specific NUMBERED line item codes and
descriptions reflected in your Agreement. Budgeted costs established under these numbered line items are
the basis for payment. Invoices which are incorrect will either be adjusted by MCH staff or returned to the
contractor for correction. Under state statute, MCH is required to return any invoice that cannot be
processed within fifteen (15) days of its receipt.
Supplemental Invoices
Supplemental invoices may be submitted to adjust previous charges and must be formatted similar to regular
invoices. Supplemental invoices may be submitted at any time during the contract term or up to ninety (90)
calendar days after the contract has expired, terminated, or at the fiscal year end, whichever is earlier. Each
supplemental invoice must:
1 . Be titled specifically "Supplemental Invoice"
2. Be numbered with an alpha numerical code that identifies the original invoice being corrected
(i.e., Supplemental Invoice #1A); and,
3. Reflect the amount of the supplemental billing only. Do not indicate the original or adjusted
amount of the previous invoice.
Final Invoice
All final invoices shall be submitted in accordance with Paragraph 9(G) of the Standard Agreement or
Interagency Agreement.
All questions regarding these guidelines should be directed to the MCH contract manager responsible for
your Standard Agreement or Interagency Agreement.
Page 6 of 6
EXHIBIT L
MATERNAL AND CHILD HEALTH (MCH) BRANCH
Comprehensive Perinatal Outreach (CPO) Invoicing Guidelines
SAMPLE OF COVER LETTER
(Use Official Letterhead)
Date
Administrative Management Section
Maternal and Child Health Branch
714 P Street, Room 708
P.O. Box 942732
Sacramento, CA 94234-7320
MATERNAL AND CHILD HEALTH CONTRACT #
Enclosed for payment is our invoice number in the total amount of
$ which covers the period of through (inclusive
dates) for services rendered pursuant to the terms and conditions established in the above
referenced MCH contract.
Sincerely,
Name, Title
Enclosure
Page 1 of 6
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EXHIBIT L
MATERNAL AND CHILD HEALTH (MCH) BRANCH
Comprehensive Perinatal Outreach (CPO) Invoicing Guidelines
All invoices for funds associated with MCH contracts must be processed according to the following
guidelines.
Original Invoice
The cover letter, invoice, and invoice detail worksheets must be prepared and formatted as shown on this
Exhibit L and Paragraph 9 of the Standard Agreement or Interagency Agreement. The original and one (1)
copy of the invoice shall be submitted to the MCH Branch, Administrative Management Section, for
processing. Each cover letter must:
1. Be printed on official agency letterhead:
2. Include original signatures; and
3. Have appropriate small business indicator stamp, if applicable.
Each invoice must include:
1 . Original signatures;
2. Appropriate expenditure line item codes and descriptions; and
3. Invoice detail worksheets.
Please note that MCH will only process invoices based on specific NUMBERED line item codes and
descriptions reflected in your Agreement. Budgeted costs established under these numbered line items are
the basis for payment. Invoices which are incorrect will either be adjusted by MCH staff or returned to the
contractor for correction. Under state statute, MCH is required to return any invoice that cannot be
processed within fifteen (15) days of its receipt.
Supplemental Invoices
Supplemental invoices may be submitted to adjust previous charges and must be formatted similar to regular
invoices. Supplemental invoices may be submitted at any time during the contract term or up to ninety (90)
calendar days after the contract has expired, terminated, or at the fiscal year end, whichever is earlier. Each
supplemental invoice must:
1 . Be titled specifically "Supplemental Invoice"
2. Be numbered with an alpha numerical code that identifies the original invoice being corrected
(i.e., Supplemental Invoice #1 A); and,
3. Reflect the amount of the supplemental billing only. Do not indicate the original or adjusted
amount of the previous invoice.
Final Invoice
All final invoices shall be submitted in accordance with Paragraph 9(G) of the Standard Agreement or
Interagency Agreement.
All questions regarding these guidelines should be directed to the MCH contract manager responsible for your
Standard Agreement or Interagency Agreement.
Page 6 of 6
STA-M OF CAC.FORNIA
NONDISCRIMINATION CLAUSE (OCP-1)
STD. 17A(REV.2-93)
1. During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate,
harass or allow harassment, against any employee or applicant for employment because of sex, race, color,
ancestry, religious creed, national origin, physical disability including (HIV and AIDS), mental disability,
medical condition (cancer, age (over 40), marital status, and denial of family care leave. Contractors and
subcontractors shall insure that the evaluation and treatment of their employees and applicants for
employment are free from such discrimination and harassment. Contractor and subcontractors shall comply
with the provisions of the Fair Employment and Housing Act(Government Code, Section 12900 et seq.)and
the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0
et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing
Government Code, Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code
of Regulations are incorporated into this contract be reference and made a part hereof as if set forth in full.
Contractor and its subcontractors shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other agreement.
2. This contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the contract.