HomeMy WebLinkAboutMINUTES - 06061995 - 1.58 TO: _ _!, BOARD OF SUPERVISORS � '
FROM: Mark Finucane Health Services Director Volta
' Costa
DATE: May 17, 1995 County
Approve Standard Agreement #28-537-3 with the State Department of
SUBJECT: Health Services for the Childhood Lead Poisoning Case Management
Project
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Approve and authorize the Chair, Board of Supervisors, to execute on
behalf of the County, Standard Agreement #28-537-3 (State #95-22737)
with the State Department of Health Services, for the period from July
1, 1995 through June 30, 1998, for the Childhood Lead Poisoning Case
Management Project. This Standard Agreement provides a maximum
reimbursable amount of $171, 194 per fiscal year, not to exceed a total
of $519, 582 during the term of the Agreement.
II. FINANCIAL IMPACT:
Approval of this Agreement will result in a maximum reimbursable
amount of $173 , 194 from the State for the first year of a three year
project for the County' s Childhood Lead Poisoning Case Management
Project. Funding beyond fiscal year 1995-96 is contingent upon the
availability of funds in the Childhood Lead Poisoning Prevention Fund
and the availability of appropriated funds by the Legislature for this-
project. No County funds are required.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
The goal of the Childhood Lead Poisoning Case Management Project is to
decrease children's health problems, including neurological,
developmental and learning deficits due to lead poisoning, by
providing timely identification and comprehensive interventions. The
project also seeks to determine the extent of lead poisoning in Contra
Costa County and to identify high-risk populations for targeted
outreach and community education.
On December 3 , 1993 , the Board of Supervisors approved Standard
Agreement #28-537-1 (as amended by Amendment Agreement #28-537-2) with
the State Department of Health Services, for the period from January
1, 1993 through June 30, 1995 . Approval of Standard Agreement #28-
537-3 will extend the project through June 30, 1998 .
Seven signed copies of the Agreement and three sealed/certified copies
of the Board Order should be returned to the Contracts and Grants Unit
for submission to the State Department of Health Services.
i
CONTINUED ON ATTACHMENT: YES SIGNATURE: - --
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON V.. I Qi 95 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
V/_ UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
Contact: Wendel Brunner, M.D. (313-6712)
cc: Health Services (Contracts) ATTESTED
State Dept. of Health Services Ph Batchelor, Clerk of the Board of
Super j6m od County Admin'IsUaW
M382/7-83 BY DEPUTY
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XPAYERS FEDERAL EMPLOYER IDENTIFICATION NL'MEE
First July 95 4-6000509
THIS AGREEMENT,made and entered into this day of , 19
in the State of California,by and between State of California,through its duly elected or appointed,qualified and acting
TITLE OF OFFICER ACTING FOR STATE AGENCY
Chief, Program Support Branch Department of Health Services
hereafter called the State,and
CONTRACTOR'S NAME 28 - 537- 3
Contra Costa County
hereafter called the Contractor.
WITNESSETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expressed,
does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor,
time for performance or completion,and attach plans and specifications,if any.)
This Agreement is entered into pursuant to the provisions of the Childhood Lead Poisoning Prevention Act of 1991. The
definition of terms used in this Agreement shall be determined under Article 4.6, Section 372.1, Chapter 2, Part I,
Division I of the Health and Safety Code and are repeated in Exhibit H for reference.
I. Term of Contract
B
The term of this agreement shall be from July 1, 1995 through June 30, 1998, subject to the provisions of Articles
II and III.
II. Limitation of State I.iahility
1. The maximum amount payable for the 1995-96 Fiscal Year ending June 30, 1996, shall not exceed$173,194.00.
2. The maximum amount payable under this contract in the 1996-97 Fiscal Year ending June 30, 1997, shall not
exceed$173,194.00, subject to the availability of funds.
CONTINUED ON 5 SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions on the reverse side hereof constitute a part of this agreement.
IN WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date fust above written.
STATE OF CALIFORNIA CONTRACTOR
AGENCY CONTRACTOR(It other than an individua4 state whether a corporation,partnership,etc.)
Health Services Contra Costa Coupty
8Y RIZED SIGNATURE) B (AUTHORIZED SI A E)
for
PRI AME PERSON SIGN G PR, NA A TITLE OF PERSON SIGNING
ward berg Fay-Le I TITLE
TITLE ADDRESS
Chief, Program Support Branch 651 Pine Street, Martinez, CA 94553
AMOUNT ENCUMBERED BY THIS PROGRAMICATEGORY(CODE AND TITLE) FUND TITLE Department of General Services
DOCUMENT
$ 173,194.00 Support C P
(OPTIONAL USE) FORM POLICY
PRIOR AMOUNT ENCUMBERED FOR DA pf}ttlmnt Gf G 'tf rm) SrYiCBS
THIS CONTRACT Subject to Approya (n) Budget Act o 95
$ 0 ITEM CHAPTER STATUTE FISCAL YEAR APPROVED n
TOTAL AMOUNT ENCUMBERED TO 4260-111-001 f l�
DATE 173,194.00 OBJECT OF EXPENDITURE(CODE AND TITLE) 'JUL 1 7 1995
4539-702-03-51491
l hereby certify upon my own personal knowledge that budgeted funds T.B.A.NO. B.R.NO.
are available for the period rd purpose of the expenditure stated above.
SIGN R ACCOU IN F ER DA
D / ✓ Ijl Asst.Chief Counsel
CON FIACTOR STATE AGENCY DEPT.OF GEN.SER. CONTROLLER
STANDARD AGREEkIENT ;
1, The Contractor agrees to indemnifv,defend and save harm less 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 «ork service,,
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 ofany 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. �V-ithout the written consent of the State, this agreement is not assignable by Contractor either in whole
or in part.
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 writina and signed b"
the parties hereto,and no oral understanding or agreement not incorporated herein,shall be binding on
any of the parties hereto.
1. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of
Contractor's expenses incurred in the performance hereof, including travel and per diem, unless
otherwise expressly so provided.
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1
-- - - 91 61014
Contra Costa County Contract Number: 95-22737
II. Limitation of State Liability(Continued)
3. The maximum amount payable under this contract in the 1997-98 Fiscal Year ending June 30, 1998 shall not
exceed$173,194.00, subject to the availability of funds.
4. The maximum amount payable under this contract shall not exceed$519,582.00.
III. FF'�n_ r fimiling Reduction in Subsequent Fiscal Years
1. Funds are presently not available for performance under this agreement beyond June 30, 1996. The State's
obligation for performance of this agreement beyond that date is contingent upon the availability of funds in the
Childhood Lead Poisoning Prevention Fund and the availability of appropriated funds by the Legislature from
which payment for contract purposes can be made. No legal liability on the part of the State for any payment
may arise for performance under this agreement beyond June 30, 1996 until funds are made available to the State
for performance and until the Contractor receives notice of availability,to be confirmed in writing by the State.
2. If funding for any subsequent fiscal year after 1995-96 is reduced or deleted by the Legislature for purposes of
this program,or if sufficient funds are not available in the Childhood Lead Poisoning Prevention Fund,the State
shall have the option to either:
a. Cancel this agreement.
b. Offer a contract amendment to the Contractor to reflect the reduced funding for this agreement.
IV. Exhibits
The following exhibits are incorporated herein and made a part hereof by this reference:
1. The attached Exhibit A entitled "Scope of Work", consisting of one(1)page.
2. The attached Exhibit A(S)entitled "Additional Provisions", excluding paragraphs 1, 3, 5, 8, 11, 14, 15,20,.
25,27,and 28 which are not applicable to this agreement. These paragraphs are hereby deleted from Exhibit
A(S)and this agreement by this reference.
3. The attached Exhibit B entitled "Budget, Fiscal Year 199596", consisting of one(1)page.
4. The attached Exhibit BB entitled "Budget, Fiscal Year 1996-97", consisting of one(1)page.
5. The attached Exhibit BBB entitled "Budget, Fiscal Year 1997-98", consisting of one(1)page.
6. The attached Exhibit C entitled "Current Contract Year Equipment Purchased With State Funds", consisting of
one(1)page.
7. The attached Exhibit D entitled "Annual Inventory of State Furnished Equipment",consisting of one(1)page.
8. The attached Exhibit E entitled "Nondiscrimination Clause" (Std 17A), consisting of one(1)page.
9. The attached Exhibit F entitled "Prior to July 1, 1995 Language", consisting of one(1)page.
10. The attached Exhibit G entitled "Revised Purchasing and Inventory Rules,consisting of four(4)pages.
11. Exhibit H entitled"Definition of Terms",consisting of one(1)page. The State will provide the Contractor with
a copy of the document.
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Contra Costa County Contract Number: 95-22737
IV. Exhibits (Cont'd)
12. Exhibit I entitled "Follow-up Activities",April 1995 revision and any subsequent updates. This document will
be updated periodically by the State as required by program and/or federal directives. The State will provide
the Contractor with a copy of the document and periodic updates thereto.
13. Exhibit J entitled "Lead Poisoning Followup Form", April 1995 revision and any subsequent updates. This
document will be updated periodically by the State as required by program directives. The State will provide
the Contractor with a copy of the document and periodic updates thereto.
14. Exhibit K,entitled"Contract Time Accounting Report", April 1995 revision and any subsequent updates. This
document will be updated periodically by the State as required by program directives. The State will provide
the Contractor with a copy of the document and periodic updates thereto.
15. Exhibit L entitled "State Contacts", April 1995 revision and any subsequent updates. This document will be
updated periodically by the State as required by program directives. The State will provide the Contractor with
a copy of the document and periodic updates thereto.
16. The additional budget detail supporting the line item budgets are on file in the appropriate program files.
V. Primary Parties
1. The primary parties of this contract shall be Contra Costa County and the California State Department of Health
Services.'
2. For purposes of this agreement, Galen A. Ellis shall be designated as Project Coordinator for the Contractor.
3. For purposes of this agreement, Charles G. Belknap, Program Administrator, Childhood Lead Poisoning
Prevention Branch, shall be designated as Contract Officer for the State.
4. Either Person may be changed by written notice to the other party, without contract amendment.
VI. Scope of Work
1. The Contractor shall perform all of the services described in Exhibit A, "Scope of Work", (SOW)in accordance
with the applicable criteria in Exhibit I, "Follow-up Activities".
2. The Contractor or the State may propose changes or revisions to the detailed activities, contract deliverables
and/or performance time frames specified in the SOW provided such changes do not alter the overall goals and
basic purpose of the contract.
3. Proposed SOW changes may include the substitution of specified activities or tasks, the alteration or substitution
of contract deliverables and modifications to anticipated completion/target dates.
4. Proposed SOW changes as described herein, shall not result in a formal contract amendment provided the
contractor's annual budget does not increase or decrease as a result of the proposed SOW change.
5. Unless otherwise stipulated, all requested changes and revisions proposed by the Contractor are subject to the
prior written approval of the State.
6. In implementing this provision,the State may prescribe a format for Contractor's use to request SOW changes.
If no format is prescribed by the State, the Contractor may devise its own format for this purpose.
Page 3
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Contra Costa County Contract Number: 95-22737
VII. Payment and Recover; of Funds
1. In consideration of the services described in Exhibit A, "Scope of Work",performed in a manner acceptable
to the State,the State shall make quarterly payment, in arrears, of the funds, specified in Article II, Limitation
of State Liability, to the Contractor,upon receipt and processing of an invoice as described in Article XIV,
Invoicing.
2. The State shall recover any funds provided from the Childhood Lead Poisoning Prevention Fund which are not
expended in accordance with this Agreement. Recovery of funds will be accomplished through reduction of the
final payment to the Contractor from the Childhood Lead Poisoning Prevention Fund under this agreement. The
recovery shall be limited to the amount not expended in accordance with this agreement.
VIII. Fisral Ass ran . s
1. The Contractor agrees that appropriate case management will be provided in accordance with the provisions of
Exhibit A, "Scope of Work". .
2. The Contractor agrees that State funds provided from the Childhood Lead Poisoning Prevention Funds,under
this agreement,will be used for no other purpose than financing the services described in Exhibit A, "Scope of
Work".
IX. Equipment
1. All equipment purchased from funds reimbursed or furnished by the State under the terms of this agreement shall
be in accordance with the provisions of Exhibit G, "Revised Purchasing and Inventory Rules". The form,
"Equipment Purchased with State Funds", which is Exhibit C, shall be completed and submitted to the State
prior to the purchase of such equipment.
2. During the final month of each fiscal year during the term of this contract, the Contractor shall submit an
inventory of equipment furnished or purchased during the fiscal year under the terms of this contract. Such
inventory shall be on the form identified as Exhibit D, "Inventory of State Furnished Property
X. Fisral Control
1. Payments are not permitted for construction,renovation, alteration, improvement, or repair of privately-owned
property which would enhance the value to such property to the benefit of the owner.
2. Contract funds not expended in any fiscal year may be spent anytime within the subsequent two fiscal years,
provided the funds are encumbered by the State within the fiscal year for which they are budgeted. However,
no funds may be obligated under this contract beyond June 30, 1998.
3. Reasonable direct,indirect,and overhead costs,including employee fringe benefits, may be expended under this
contract.
4. Any space rental costs described in the report of actual expenditures referenced in Article XII must specify the
unit rate, such as the rate per square foot.
5. The Contractor may make changes, without contract amendment, to individual line items in the Budgets
(Exhibits B, BB, and/or BBB)provided that the following criteria are observed:
A. Cumulative line item shifts of up to$10,000 per line item may be made, provided no line item is increased
or decreased by.more than$10,000 and the annual contract total is unchanged.
B. Line item shifts meeting this criteria shall not require a formal contract amendment.
Page 4
Contra Costa County - Contract Number: 95-22737
X. Fiscal Control(Cont'd)
C. The Contractor shall adhere to State requirements regarding the process to follow in requesting approval
of line item shifts. All line item shifts require the prior approval of the State.
D. Line item shifts may be proposed/requested by either the State or the Contractor.
The State reserves the right to deny any request for approval of such line item budget changes.
6. No more than one formal amendment per year will be approved by the State for purposes of making line item
shifts greater than the limits stated in item 5, above.
7. The budget detail shown for all subcontractors,if any, in the Budgets(Exhibits B, BB, and BBB)is displayed
for information purposes only. Changes to a subcontractor's identification or budget will not cause or result in
a formal amendment to the Contract provided the criteria in item 5, above, are met.
XI. Authority to Make Adjustment-,to Additional Budget Detail
The Contractor is granted delegated authority to make adjustments to the additional budget.detail supporting the line
item budgets, referenced in paragraph IV, "Exhibits", Section 16, provided such adjustments do not result in an
increase or decrease to any line item total appearing in the contract budget. Such adjustments may be made without
formal contract amendment provided the following conditions are observed:
1. The Contractor shall adhere to the State requirements regarding approval and timely submission of additional
budget detail for the line items appearing in the contract budget.
2. The Contractor shall notify the State of adjustments made to the additional budget detail within 30 calendar days
of the effective date of such adjustments. Failure to provide the State with timely notification may result in
disapproval of expenditures and/or audit exceptions and withdrawal of delegated authority to make'such changes.
3. If the Contractor initiated adjustment to additional budget detail increases or decreases any line item total under
the terms of Paragraph X, "Fiscal Control",Section 5,the Contractor must obtain prior State review and written
approval before making such adjustments.
XII Audits
1. The State may audit the records of the Contractor and subcontracts let under this agreement pursuant to the
provisions of Exhibit A(S), "Additional Provisions".
2. In the event that the Contractor requests an appeal of all or a portion of any audit findings concerning the
program governed under this Agreement,the Department will conduct aninformal hearing and render a final
decision on the appeal and audit findings. In order to initiate an appeal, the Contractor must submit a written
notice of disagreement to the Department within sixtycalendar days from the date of the Contractor's receipt
of the Department's audit report.
XIII._Reorts
1. The Contractor agrees that the following reports will be submitted to the State in the form and according to
procedures established by the Department:
A. Submit a detailed report of actual expenditures, revenues, and net costs, by quarter, for the services
provided in accordance with this agreement. This report shall be sent quarterly, with the quarterly invoices,
and shall serve as the final basis for recovery of funds not expended in accordance with this Agreement
unless modified by actual audit findings officially adopted by the State. This report
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Contra Costa County Contract Number: 95-22737
XIII. Reports(Cont'd)
shall be mailed to Childhood Lead Poisoning Prevention Branch, California Department of Health Services,
Attn: S. Schwarz, 5801 Christie Avenue, Suite 600, Emeryville, CA 94608. If the report does not
accompany the invoice, the invoice will not be processed by the State,until the report is received.
B. Submit a report of personnel time spent on each element of this agreement. This report shall be submitted
quarterly, with the quarterly invoices, and shall be in the format shown on Exhibit K, "Contract Time
Accounting Report",and shall include all of the information shown on that exhibit. This report shall be
mailed to Childhood Lead Poisoning Prevention Branch, California Department of Health Services,Attn:
S. Schwarz, 5801 Christie Avenue, Suite 600, Emeryville, CA 94608-2008. If the report does not
accompany the invoice, the invoice will not be processed by the State,until the report is received.
C. Submit a Lead Poisoning Follow-up Form. This follow-up form shall be sent as described in Exhibit A,
"Scope of Work". A copy of the form is attached to this Agreement as Exhibit J and shall be mailed to
Childhood Lead Poisoning Prevention Branch, California Department of Health Services,Attn:J. Flattery,
5801 Christie Avenue,Suite 600,Emeryville, CA 94608-2008.
3. The State shall withhold, in part or in whole,payment of any funds specified in this Agreement if any of the
reports requested by this Agreement have not been received from the Contractor by the dates specified herein,
unless an extension for submission of such reports is granted, in writing,by the State. Any funds withheld from
the Contractor pursuant to this Article shall be released upon receipt of the required reports by the Department.
XIV. Cancellation
This contract may be canceled by either party upon thirty(30)days written notice to the-other party.
XV. Invoirng
L Invoices shall be submitted in arrears,quarterly,in quadruplicate,and shall bear the contract number.
2. Invoices shall be on Contractor's letterhead and must indicate that this is a quarterly payment, the time period
covered by the invoice, and the amount. All invoices must bear an invoice number.
3. Invoices shall be in the same format as the Budgets (Exhibits B, BB, and BBB).
4. Invoices shall be mailed to Sheryl Schwarz,Analyst, Childhood Lead Poisoning Prevention Branch, California
State Department of Health Services,5801 Christie Avenue,Suite 600, Emeryville, CA 94608-2008.
XVI. Freeze Exemlid=
1. The Contractor agrees that any hiring freeze the Contractor may adopt during the term of this agreement shall
not be applied to the positions funded,in whole or in part,by this agreement. The Contractor further agrees
not to implement any personnel policy which may adversely affect performance or the positions funded,in whole
or in part,by this agreement.
2. The Contractor agrees that any travel freeze or travel limitation policy the Contractor may adopt during the term
of this agreement shall not restrict travel funded,in whole or part,by this agreement.
Page 6
EXHIBIT A
SCOPE OF "'ORK
I The Contractor agrees to provide appropriate case management for all identified lead poisoned children
as defined in Exhibit 1, *Follow-up Activities".
2. These follow-up activities shall be based on blood lead concentrations as described in Exhibit 1, *Follow-up
Activities" and shall be in accordance with the most recent version of the Centers for Disease Control
Guidelines.
3. Children in Class 1113 may be referred for home investigation. Children in Class TIB must be referred for
home investigation if two consecutive results are in this class, in accordance with the most recent version
of the Centers for Disease Control Guidelines. Children in Classes III, IV, and V must be referred for
home investigation.
4. Home investigations, when required as a part of these follow-up activities shall be performed by a
Public Health Nurse and a Registered Environmental Health Specialist. Other staff classifications
may be used with written authorization from the State.
5. Environmental investigations, as a part of case follow-up, are a requirement of this agreement. Such
investigations and sampling procedures will follow Department of Health Services guidelines. These
-guidelines are available from the Childhood Lead Poisoning Prevention Branch, 5801 Christie Avenue,
Suite 600,Emeryville, CA 94608.
6. The Contractor will assure that all laboratory reports will be received by the County Project
Coordinator. For purposes of this agreement, the County Project Coordinator shall be that person
in the County who is responsible for initiating and coordinating case follow-up and management for
children needing follow-up, as defined in Exhibit 1, "Follow-up Activities'.
7. The Contractor will coordinate the management of lead poisoned children between the health care
provider and the local health department. Such coordination must include notice to health care
providers within the local jurisdiction of procedures to be followed in the event a lead poisoned child
is identified. This coordination may include provider education and support. Any provider education
and support must be coordinated with existing program provider relations functions and must be
implemented according to a plan submitted to and approved by the State, prior to the commencement
of such activities.
8. The Contractor may provide client/community education and outreach. Such client/community education
and outreach activities shall be implemented according to a plan submitted to and approved by the State,
prior to the commencement of such activities.
9. The Contractor will complete,and submit to the State, all required reports as described in Paragraph
XIII, 'Reports*.
10. At the direction and approval of the State, Contractor staff involved in coordination and management of
follow-up activities and in environmental investigations of identified childhood lead poisoning cases s'hall
participate in up to forty hours of training per year. Funding for this training may be charged, at the
county's discretion,' to the contract. The State may waive this requirement.
11. The Contractor shall have or obtain the capability for the electronic transfer of data between the Contractor
and the State.
12. This Scope of Work may be modified by written mutual consent followed by a formal contract
amendment. Minor Scope of Work changes may be made under the provisions of Paragraph VI,
'Scope of Work",without formal contract amendment.
Exhibit A(S)
STATE OF CALIFORNIA
DEPARTMENT OF HEALTH SERVICES
ADDITIONAL PROVISIONS
(FOR STATE FUNDED SUBVENTION AID/LOCAL ASSISTANCE
COST REIMBURSEMENT CONTRACTS/GRANTS)
1. There Is no paragraph 1 in this Exhibit A(S).
2. Travel and Per Diem
Any reimbursement for necessary traveling and per diem Shalt be at rates not to exceed those
amounts paid to the State's represented employees under collective bargaining agreements
currently In effect. No travel outside the State of California shall be reimbursed unless prior
written authorization is obtained from the State.
3. Procurement Requirement
a. Prior* authorization in writing by the State will be required before the Contractor will be
reimbursed for any purchase order or subcontract exceeding $2,500 for any articles,
supplies, equipment, or services or for any fee, or other payment,for consultation of three
hundred fifty dollars ($350) or more per day. The Contractor must provide in Its request for
authorization all particulars necessary for evaluation of the necessity or desirability of
Incurring such cost,and as to the reasonableness of the price or cost. For purchases of any
said articles,supplies,equipment,services,or for consultant fees exceeding such minimum
amount,three competitive quotations must be submitted with the request,or the absence
of bidding must be adequately justified.
b. If other than the lowest bidder or a sole-source provider Is selected, all documents used in
contractor selection must be presented In writing to the State for prior approval before
awarding any contract,and maintained for possible future audit as specified in paragraph
7 below.
c. The terms 'purchase order' and 'subcontract" as used in the above paragraph 3a only,
excludes: (a) purchase orders not exceeding $2,500, and (b) subcontracts or purchase
orders for public utility services at rates established for uniform applicability to the general
public.
4. Standards of Work
The Contractor agrees that the performance of work and services pursuant to the requirements
of this contract shall conform to high professional standards.
5. Furnishing of Property by the State or Purchase of Property with State or Federal Funds
a. (1) All equipment, material, supplies, or property of any kind purchased from funds
advanced or reimbursed or furnished by the State under the terms of this contract
and not fully consumed In the performance of the contract shall be the property of
the State and shall be subject to the provisions of this paragraph a, as well as
paragraphs b,c,and d below. If the Equipment line Item In the budget or in any other
paragraph of this contract exceeds$10,000 or more,the provisions of subparagraph b
shall appy.
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CMS trsshuctlonal BuNetin No.06(1/91)
(2) Inventory and Disposition
(a) Contractor shall, at the request of the State, submit an inventory of equipment
furnished or purchased under the terms of this contract. Such Inventory will be
q required not more frequently than annually.
(b) At the termination of this contract,the Contractor shall provide a final inventory
to the State and shall at that time query the State as to.the State's requirements,
including the manner and method,in returning said equipment to the State. Final
disposition of such equipment shall be at state expense In accordance with
Instructions from the State to be Issued immediately after receipt of the final
Inventory.
(3) Motor Vehicles
(a) If,under the provisions of paragraph a above,any part of such property is motor
vehicles,the State Office of Procurement shall purchase said motor vehicles for
and on behalf of the Contractor. The provisions of clause 5b below ore
applicable to this paragraph concerning motor vehicles.
(b) If, under the provisions of paragraphs(2)or(3) above, any part of such property
Is motor vehicles,the State authorizes the Contractor to use said motor vehicles
under the terms and conditions of this contract for purposes of this contract only,
and In accordance with the provisions of subparagraphs(c)through(f)below.
(c) It Is mutually understood that the State of California shall be the legal owner of
said vehicles and the Contractor shall be the registered owner.
(d) Upon return of such motor vehicles to the State,Contractor shall deliver to State
all necessary documents of title to enable proper transfer of marketable title to.
the State.
(e) Contractor agrees that all operators of motor vehicles listed in said agreement
shall hold a valid State of California driver's license. In the event 12 or more
passengers are to be carried in any one vehicle listed in said agreement,a Class 2
driver's license will also be required.
(f) Contractor shall furnish to the State a certificate of insurance stating that there Is
liability insurance presently in effect for the Contractor of not less than $500,000
per occurrence for bodily injury and property damage liability combined.
The certificate of insurance must include provisions(i)and(i),stating that:
(i) The Insurer will not cancel the Insured's coverage without 30 days prior
written notice to the State.
(i) The State of California, Its officers, agents, employees, and servants are
included as additional Insureds,but only insofar as the operations under this
contract are concerned.
Contractor agrees that bodily Injury liability insurance herein provided for shall be
In effect at all times during the term of this contract. in the event said insurance
coverage expires at any time or times during the term of this contract,
Contractor agrees to provide at least thirty(30)days prior to sold expiration date
a new certificate of insurance evidencing Ir wrance coverage as provided for
herein for not less than the remainder of the term of the contract,or for a period
-2-
j
Exhibit A(S)
of not less than one (1) year. New.certificates of Insurance are subject to the
approval of said Department of General Services,and Contractor agrees that no
work or services shall be performed prior to the giving of such approval. In the
event Contractor fails to keep In effect at all times Insurance coverage as herein
provided, State may, in addition to any other remedies ff may have, terminate
this contract upon the occurrence of such event.
b. If the Equipment line item budget In this contract is $10,000 or more, the State shall
purchase said equipment through its Office of Procurement. The cost of procurement of
equipment will be deducted from contract amount. Contractor shall submit to State a
separate list of the equipment specifications. State will pay vendor directly for equipment
purchases, and title to the equipment will remain with the State. The equipment will be
delivered to the Contractor's address as stated in the contract unless notified by
Contractor in writing.
c. (1) Title to state property shall not be affected by the incorporation or attachment
thereof to any property not owned by the State, nor shall such state property, or any
part thereof, be or become a fixture or lose its identity as personality by reason of
offorotion to any realty.
(2) State property shall be used only for the performance of this contract.
(3) Unless otherwise provided herein,the State shall not be under any duty or obligation
to restore or rehabilitate, or to pay the cost of the restoration or rehabilitation of the
Contractor's facility or any portion thereof which Is affected by removal of any state
property.
(4) The Contractor shall maintain and administer, in accordance with sound business
practice, a program for the utilization; maintenance, repair, protection, and
preservation of state property so to assure its full availability and usefulness for the
performance of this contract.The Contractor shall take all reasonable steps to comply
with all appropriate directions and Instructions which the State may prescribe as
reasonably necessary for the protection of state property.
d. For nonexpendable equipment only. Before equipment purchases made by the Contractor
are reimbursed by the State,the Contractor must submit paid vendor receipts identifying
the purchase price, description of the Item, serial number, model number, and location
where equipment will be used during the term of this agreement. Said paid receipts will be
attached to Contractor's invoices submitted to the State.
6. Income Restrictions
The Contractor agrees that any refunds, rebates, credits, or other amounts (including any
interest thereon) accruing to or received by the Contractor under this contract shall be paid by
the Contractor to the State,to the extent that they are properly allocable to costs for which the
Contractor has been reimbursed by the State under this contract.
7. Examinalion of Accounts,Audit,Records,and Subcontract Language
a. The Contractor shall maintain books,records,documents,and other evidence,accounting
procedures, and practices, sufficient to reflect property all direct and Indirect costs of
whatever nature claimed to have been Incurred in the performance of this contract,
Including any matching costs and expenses. The foregoing constitutes `records' for the
purposes of this clause.
-3-
b. The Contractor's facility or office or such part thereof as may be engaged in the
performance of this contract and his records shall be subject at all reasonable times to
Inspection, audit, and reproduction by the State or any of Its duly authorized
representatives.
c. The Contractor shall preserve and make available his records(D for a period of three years
from the dote of final payment under this contract,and(6 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 ovoilable 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 ff,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:
'(Nome of Vendor or Subcontractor) agrees to maintain and preserve, until three years
after termination of (Contractor's name) agreement or contract with the State of
California, and to permit the State or any of Its duly authorized representatives, to have
access to and to examine and audit any pertinent books,documents,papers,and records
of(name of subcontractor or vendor)related to this(purchase order or subcontract).'
8. Covenant Against Contingent Fees
The Contractor warrants that no person or selling agency has been employed or retained to
solicit or secure this contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Contractor for the purpose of
securing business. For breach or violation of this warranty,the State shall have the right to annul
this contract without liability or in Its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such commission, percentage,
brokerage,or contingent fee.
9. Inspection
The State, through any authorized representatives, has the right at all reasonable times to
inspect or otherwise evaluate the work performed or being performed hereunder including
subcontract supported activities and the premises In which it is being performed. If any
Inspection or evaluation is made by the State of the premises of the Contractor or a
subcontractor, the Contractor shall provide and shall require his subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of the state representatives
In the performance of their duties. All inspections and evaluations shall be performed in such a
manner as will not unduly delay the work.
10. Nondiscrimination in Services. Benefits,and Faculties
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.
Exhibit A(S)
b. For the purpose of this contract,distinctions on the grounds of race,color,creed,national
origin, sex, age, or physical or mental handicap Include, but are not limited to, the
` following: denying a participant any service or benefit to a participant which is different,or
is provided in a different manner or at a different time from that provided to other
participants under this contract; subjecting,a participant to segregation-or separate
treatment In any matter related to his receipt of any service;restricting a participant in any
way In the enjoyment of any advantage or privilege enjoyed by others receiving any
service or benefit; treating a participant differently from others in determining whether he
satisfied any admission, enrollment quoto, eligibility, membership, or other requirement or
condition which individuals must meet in order to be provided any service or benefit; the
assignment of times or places for the provision of services on the basis of the race, color,
creed,or national origin of the participants to be served.
C. The Contractor will take affirmative action to ensure that intended beneficiaries are
provided services without regard to race,color,creed,national origin,sex,age,or physical
or mental handicap.
d. The Contractor agrees that complaints alleging discrimination in the delivery of Services by
the Contractor or his or her subcontractor because of race, color, national origin, creed,
sex, age, or physical or mental handicap will be resolved by the State through the
Department of Health Services`Affirmative Action/Discrimination Complaint Process.
e. The Contractor shall, subject to the approval of the Department of Health Services.
establish'procedures under which participants of service are Informed of their rights to file a
complaint alleging discrimination or a violation of their civil rights with the Department of
Health Services.
f. The Contractor shalt operate the program or activity In such a monner that It is readily
accessible to and usable by mentally or physically handicapped persons pursuant to 45
Code of Federal Regulations,Part 84,Sections 84.21 and 84.22.
g. The Contractor shall keep records, submit required compliance reports, and permit state
access to records In order that the State con determine compliance with the
nondiscrimination requirements pursuant to 45 Code of Federal Regulations, Part 80, 84,
and 90,Sections 80.6,84.6 1.and 90.42,
11. Final Invoice—Final Report—Retention of Funds
If a final report is required by this contract, 10 percent of the face amount of the contract or 50
percent of the final invoice,whichever Is the larger amount, but not to exceed $3,000,shall be
withheld until after receipt by the State of a report satisfactory to the State,
12. Officials Not to Benefit
No member of or delegate to Congress or the State Legislature shall be admitted to any share
or part of this contract,or to any benefit that may arise therefrom;but this provision shall not be
construed to extend to this contract If made with a corporation for its general benefit.
13. Rights in Data
a. Subject Data. As used in this clause, the term 'Subject Data' means writings, sound
recordings, pictorial reproductions, drawings, designs or graphic representations,
procedural manuals, forms, diagrams, work flow charts, equipment descriptions, data files
and data processing or computer programs, and works of any similar nature (whether or
-5- .
not copyrighted or copyrightobie) which are first produced or developed under this
contract.The term does not include financial reports,Cost analyses,and similar Information
Incidental to contract administration.
b. federd Government and Side Rights.Subject only to the provisions of c below,the Federal
Government and State may use,duplicate,or disclose In ony-monner and for any purpose
whatsoever, and hove or permit others to do so, all Subject Data delivered under this
contract.
c. Udense 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 monner for State or Federal Govemment purposes and to
hove or permit others to do so. Provided, however,that such license shall be only to the
extent that the Contractor now has, or prior to completion or final settlement of this
contract may acquire, the right to grant.such license without becoming liable to pay
compensation to others solely because of such grant.
14. There is no provision 14 In this Exhibit A(S).
15. Clean Air and Water
a. (Applicable only If the contract Is not with a sole source vendor of products or services,or If
it exceeds$5,000.)
The Contractor agrees under penalty of perjury(It,he,she)is not in violation of any order or
resolution which is not subject to review promulgated by the State Air Resources Board or
an air pollution district.
The Contractor agrees under penalty of perjury (it, he,she) is not subject to a cease and
desist order which is not subject to review issued pursuant to Section 13301 of the Water
Code for violation of waste discharge requirements or discharge prohibitions,or is not finally
determined to be in violation of provisions of federal law relating to air or water pollution.
b. (Applicable only If the contract or subcontract exceeds $100,000 or the contract Is not
otherwise exempt under 40 CFR 15.5.)
The Contractor agrees as follows:
(1) To comply with ail 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 ail other requirements specified In Section 114 and Sectio 308 of the Air Act
and the Water Act, respectively, and all regulations and guidelines issued to
Implement those Acts before the award of this contract.
(2) That no portion of the work required by this contract will be performed In a facility
listed on the Environmental Protection Agency List of Violating Facilities on the date
when this contract was awarded unless and until the Environmental Protection
Agency eliminates the name of such facility or facilities from such listing.
-6-
Exhibit A(S)
(3) To use his best efforts to comply with clean air standards and clean water standards at
the facility In which the contract Is being performed.The terms used in this paragraph
have the following meanings:
(a) The term 'clean air standards' means any enforceable rules, regulations,
guidelines, standards, limitations, orders, controls, or prohibitions or other
requirements which are contained in, Issued under,or adopted pursuant to the
Clean Air Act.
(b) The term 'clean water standards' means any enforceable limitation, control,
condition, prohibition, standard, or other requirement which Is promulgated
pursuant to the Clean Water Act or contained In a permit Issued to a discharger
by EPA or by the State under an approved program as authorized by Section 402
of the Clean Water Act (33 U.S.C. 1342), or by a local government to ensure
compliance with pretreatment regulations as required by Section 307 of the
Clean Water Act(33 U.S.C. 1317)and regulations.Issued pursuant thereto.
(c) In addition to compliance with clean air and water standards, the term
compliance shall also mean compliance with a schedule or plan ordered or
approved by a court of competent jurisdiction, the Environmental Protection
Agency, or an air or water pollution control agency in accordance with the
requirements of the Clean Air Act and the Federal Water Pollution Control Act.
(4) As a condition for the award of a contract,the applicant or contractor shall notify the
State of the receipt of any communication from the Assistant Administrator for
Enforcement, U.S. EPA indicating that a facility to be utilized for the contract is under
consideration to be listed on the EPA Ust of Violating'Focilities. Prompt notification shall
be required prior to contract award.
(5) To report violations to the State and to the Assistant Administrator for Enforcement.
(6) To Insert the substance of the provisions of paragraph b Into any nonexempt
subcontract, Including this paragraph b(6), and to take such action as the Federal
Government may direct as a means of enforcing such provisions.
16. Utilization of Small Business and Minority and Women Owned Business Enterprises
a. It is a federal policy to award a fair share of contracts to small, minority, and women
owned business firms. The State Legislature has declared that a fair proportion of the total
purchases and contracts or subcontracts for property and services for the State be placed
with small minority and women owned business enterprises.
b.. A firm shall quality as a small business If It meets the requirements specified in Government
Code,Section 14837.
c. The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to
the fullest extent consistent with efficient contract performance. As used In this contract,
the term 'minority business enterprise' means a business concern (a) which is at least 51
percent owned by one or more minority group members or women, or in the case of a
publicly owned business,at least 51 percent of the stock of which Is owned by one or more
minority group members or women; and (b) whose management and daily business
operations ore controlled by one or more such individuals. A minority group member Is a
person who Is Black, Asian, Hispanic, Filipino, Polynesian, American Indian, or Alaskan
Native. 'Control,' as used In this clause, means exercising the power to make policy
decisions.
-7-
J ,
d Contractorsacting in good faith may rely on written representations by their subcontractors
regarding their status as minority business enterprises in lieu of on independent
Investigation.
17. Printing
it printing or other reproduction work of more than an incidental and minor dollar amount is a
reimbursable item In this contract, it shall be printed or produced by the State Printer. The State
Printer may, at his sole option, elect to forego sold work and delegate the work to the private
sector. If the State Printer prints or produces said work,or the State obtains the printing or other
work through the Office of State Procurement, the cost will be deducted from sold contract
amount. This requirement does not apply to normal in-house copying necessary for routine
business matters of the Contractor.
18. Prior Approval of Training Seminars.Workshops or Conferences
Contractor shall obtain prior State approval over the location,costs,dates,agenda,Instructors,
instructional materials, and attendees at any reimbursable training seminar, workshop or
conference, and over any reimbursable publicity, or educational materials to be made
available for distribution. The Contractor shall acknowledge the support of the State whenever
publicizing the work under the contract in any media. This paragraph does not apply to
necessary staff meetings to conduct routine business matters.
19. Confidentiality of information
a. The Contractor and his or her employees, agents, or subcontractors shall protect from
unauthorized disclosure names and other identifying Information concerning persons either
receiving services pursuant to this contract or persons whose names or Identifying
Information become available or are disclosed to the Contractor, his/her employees,
agents, or subcontractors as a result of services performed under this contract, except for
statistical information not identifying any such person.
b. The Contractor, his/her employees, agents, or subcontractors shall not use such Identifying
information for any purpose other than carrying out the Contractor's obligations under this
contract.
c. The Contractor, his/her employees,agents,or subcontractors shall promptly transmit to the
State all requests for disclosure of such identifying information not emanating from the
client or person.
d. The Contractor shall not disclose, except as otherwise specifically permitted by this
contract or authorized by the client,any such identifying information to anyone other than
the State without prior written authorization from the State.
e. For purposes of this paragraph, identity shall include, but not be limited to, name,
Identifying number, symbol, or other Identifying particular,assigned to the individual, such
as finger or voice print or a photograph.
20. National Labor Relations Board Certification
(Not applicable If Contractor Is a public entity)
Contractor, by signing this agreement, does swear under penalty of perjury that no more than'
one final unappealable finding of contempt of court by a federal court has been issued against
-8-
Exhibit A(S)
Contractor within the Immediately preceding two-year period because of the Contractor's
failure to comply with on order of a federal court which orders the Contractor to comply with an
order of the National Labor Relations Board.
21. Documents and Wrftten Reports
Any document or written report prepared as a requirement of this agreement shall contain,In a
separate section preceding the main body of the document,the number and donor amounts
of all contracts and subcontracts relating to the preparation of such document or report, If the
total cost for work by nonemployees of the State exceeds$5,000.
22. Resolution of Direct Service Contract Disputes
a. If Contractor believes there is a dispute or grievance between the Contractor and the
State,the procedures set forth In Chapter 2.1.Sections 20201 through 20205, of Title 22, of
the California Code of Regulations,shall be followed.
b. If the Contractor wishes to appeal the decision of the Deputy Director for Public Health or
his/her designee, the Contractor shall follow the procedures set forth in Division 25.1
(commencing with Section 38050) of the Health and Safety Code and the regulations
adopted thereunder. (Title 1, Subchapter 2.5, commencing with Section 251, Collfomio
Code of Regulations)
c. Disputes arising out of an audit or examination of a contract not covered by subdivision(a)
of Section 20204, of Chapter 2.1, Title 22, of the California Code of Regulations, and for
which no procedures for appeal are provided in statute,regulation,or the contract shall be
handled in accordance with the procedures identified in Sections 51016 through 51047,
Title 22,California Code of Regulations.
23. Rnancial and Compliance Audit of Nonprofit Entities
(Applicable only If Contractor is a nonprofit entity)
a. Definitions within this paragraph are defined in Section 38040 of the Health and Safety
Code,which,by this reference,is made a part hereof.
b. Contractor agrees to obtain an annual single,organization-wide financial and compliance
audit. The audit shall be conducted in accordance with the requirements specified In the
Federal Office of Management and the Budget(OMB) Circular A-133,'Audits of Institutions
of Higher Education and Other Nonprofit Organizations.'
c. References to 'Federal'in OMB Circular A-133 shall be considered to mean'Federal and/or
State` in contracts where State funds ore present either alone or in conjunction with Federal
funds.
d. The audit shall be completed by the 15th day of the fifth month following the end of the
Contractor's fiscal year. Two copies of the audit report shall be delivered of the State
program funding this contract. The report shall be due within 30 days after the completion
of the audit.
e. If the Contractor receives less than $25,000 per year from the State, the audit shall be
conducted biennially, unless there Is evidence of fraud or other violation of state law in
connection with this contract. This requirement takes precedence over the OMB A-133
-9-
section which exempts from Federal audit requirements any nonprofit Institution receiving
less than$25=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 responsibiifty or authority to enforce State law or
regulations,procedures,or reporting requirements arising pursuant thereto.
1. Nothing in this paragraph limits the authority of the State to make audits of this contract,
provided, however,that If independent audits arranged for by Contractor meet generally
accepted governmental auditing standards,the State shall rely on those audits and any
additional oudit 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 Goverment Auditing Standards.The audit shall be conducted in accordance with OMB
Circular A-133 so as to satisfy all State and Federal requirements for a single organization-
wide audit.
24. Contract Amendments
a. This contract may be amended by mutual agreement between the parties and,If required
by Government Code, Section 11010.5, or Public Contract Code, Section 10366, the
amendment shall be subject to the approval of the Department of General Services,unless
otherwise exempted.
b. If any amendment to this contract has the effect of Increasing the monetary amount of
the contract or an agreement by the State to indemnify or save harmless the Contractor,
his agents or employees, the amendment shall be approved by the Department of
General Services,unless otherwise exempted.
25. Evaluation of Contractors
The Contractor's performance under this contract shall be evaluated at the conclusion of,the
term of this contract.The evaluation shall include,but not be limited to:
a. Whether the contracted work or services were completed as specified in the contract and
reasons for and amount of any coat overruns.
b. Whether the contracted work or services met the quality standards specified in the
contract.
c. Whether the Contractor fulfilled all requirements of the contract.
d. Factors outside the control of the Contractor which caused difficulties in Contractor
performance. Factors outside the control- of the Contractor shall not include
subcontractor's poor performance.
The evaluation of the Contractor shall not be a public record.
-to-
Exhibit A(S)
• 26. Conflict of Interest—Current and Former State Employees
a. Current State Officers and Employees
(1) Contractor shall not utilize In the performance of this contract any state officer or
employee in the state civil service or other appointed state official unless the
employment, activity, or enterprise is required as a condition of the officer or
employee's regular state employment. Employee in the state civil service is.defined to
be any person legacy holding a permanent or intermittent position in the state civil
service.
(2) If any state officer or employee Is utilized or employed in the performance of this
contract, Contractor shall first obtain written verification from the State that the
employment, activity, or enterprise is required as a condition of the officer's,
employee's, or official's regular state employment and shall keep said verification on
file for three years after the termination of this contract.
(3) Contractor may not accept occasional work from any currently employed state
officer,employee,or official.
(4) If Contractor accepts volunteer work from any currently employed state officer,
employee,or official,Contractor may not reimburse,or otherwise pay or compensate,
such person for expenses Incurred, including, without limitation, travel expenses, per
diem,or the like,in connection with volunteer work on behalf of Contractor.
(5) Contractor shall not employ any state officers,employees,or officials who are on paid
or unpaid leave of absence from their regular state employment.
(6) Contractor or anyone having a financial interest in this contract may not become a
state officer, employee, or official during the term of this contract. Contractor shall
notify each of its employees, and any other person having a financial interest in this
contract that it Is unlawful under Public Contract Code Section 10410 for such person
to become a state officer,employee, or official during th term of this contract unless
any relationship with the Contractor giving rise to a,financial interest,as on employee
or otherwise,Is first terminated.
(7) Occasional or one-time reimbursement of a state employee's travel expenses is not
acceptable.
(Citation: Public Contract Code Section 704 10)
b. Former State Officers and Employees
(1) Contractor shall not utilize In the performance of this contract any formerly employed
person of any state agency or department that was employed under the state civil
service; or otherwise appointed to serve In the state government, If that person was
engaged in any negotiations,transactions,planning,arrangement,or any part of the
decision-making process relevant to the contract while employed in any capacity by
any state agency or department. This prohibition shall apply for a two-year period
beginning on the date the person left state employment.
(2) Contractor shall not utilize within 12 months from the date of separation of services,a
former employee of the contracting state agency or department if that former
employee was employed in a policy making position in the some general subject
area as the proposed contract within the 12-month period prior to the employee
leaving state service.
(Citation: Public Contract Code,Section 10411)
- -11-
Exhibit A(S)•
c. Failure to Comply with Subparts(a)or W) `
if Contractor violates any provision of subparts a or b above, such action by Contractor
shall render this contract void, unless the vlolotion is technical or nonsubstontfve.
(Citation: Public Contract Code,Section 10420)
27. Contractor Name Change
Contractor shall provide a written notice to the State at least 30 days prior to any changes to
the Contractor's current legal name.
28. Novation
If the Contractor proposes any novation agreement, the State shall act upon the proposal
within 60 days after receipt of the written proposal. The State may review and consider the
proposal, consult and negotiate with the Contractor, and accept or reject all or part of the
proposal. Acceptance or rejection may be made orally within the 60-day period, and
confirmed in writing within fire days.
29. Drug-Free Workplace
Contractor certifies to the State that it will provide a drug-free workplace by doing all of the
following:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance Is prohibited in the person's or
organization's workplace and specifying the actions_that will be taken against employees
for violations of the prohibition.
b. Establishing a drug-free awareness program to Inform employees about all of the following:
(1) The dangers of drug abuse in the workplace.
(2) The person's or organization's policy of maintaining a drug-free workplace.
(3) Any available drug counseling,rehabilitation,and employee assistance programs.
(4) The penalties that may be Imposed upon employees for drug abuse violations.
c. Requiring that each employee engaged in the performance of the contract or grant be
given a copy of the statement required by subdivision a and that, as a condition of
employment on the contract or grant,the employee agrees to abide.by the terms of the
statement.
d. Contractor agrees this contract may be subject to suspension of payments or termination
of this contract,or both,and the Contractor may be subject to debarment,in accordance
with the requirements of the Government Code, Section 8350 et seq., if the Department
determines that any of the following has occurred:
(1) The Contractor-or grantee has made a false certification.
(2) The Contractor violates the certification by failing to carry out the requirements of
subdivisions a through c above.
- 12-
Contra Costa Count BSD
� Agency Name: Y Exhibit B
Federal ID #: 94-6000509
BUDGET
Fiscal Year 1995-96
Line Item Amount
Personnel Costs $ 103.255.20
Fringe Benefits $_ 25,67$.17
Operating Expenses $ '10,950.00
Equipment Expenses $ 0.00
Travel and Per Diem $ 3,600.00
Subcontracts $ 2,430.63
Direct Overhead Expenses $ 0'00
Indirect Costs ($6,700/FIE) $ 16,0130.00
Other Costs (Staff Training) $ 1200.00
Total $ 173,194.00
Agency Name: Contra Costa County Exhibit 1313
Federal ID 94-6000509
BUDGET
Fiscal Year 1996-97
Line Item Amount
Personnel Costs $ 89,963.70
Fringe Benefits $ 22,768.82
Operating Expenses $ 20,950.00
Equipment Expenses $ 0.00
Travel and Per Diem $ 3,150.00
Subcontracts $ 21,241.48
Direct Overhead Expenses $ 0.00
Indirect Costs ($6,700/FTE) $ 14,070.00
Other Costs (Staff Training) $ 1,050.00
Total $ 173,194.00
Agency Name: Contra Costa County Exhibit BBB
Federal ID #: 94-6000509
BUDGET
Fiscal Year 1997-98
Line Item Amount
Personnel Costs $ 91,218.98
Fringe Benefits $ 231042.36
Operating Expenses $ 20,950.00
Equipment Expenses $ 0.00
Travel and Per Diem $ 3,150.00
Subcontracts $ 19,712.67
Direct Overhead Expenses $ 0'0
Indirect Costs ($6,700/FTE) $ 14,070.00
Other Costs (Staff Training) $ 1,050.00
Total $ 173,194.00
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STATE OF CALIFORNIA
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 by reference and made a part hereof as if set forth in full.
Contractor and 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.
Exhibit F
STATE OF CALIFORNIA
DEPARTMENT OF HEALTH SERVICES
Prior to July 1, 1995 Language
1. It is mutually understood between the parties that this contract may have been
written and executed prior to July 1, 1995 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, 1995.
2. This contract is valid and enforceable only if sufficient funds are made available
by the Budget Act of 1995 for the Fiscal Year 1995-96 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 1995 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(2/95)
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Exhibit
STATE OFCALIFORNIA
DEPARTMENT OFHEALTH SERVICES
REVISED PURCHASING AND INVENTORY RULES
1. Purchasing/ProC
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A. Units of local government and public entities the Universities of California) whether a
Contractor and/or Subcontractcv, may utilize their existing procurement systems to secure all
artic|es, supplies, equipment (including EOP/ADP, telecommunications and motor vmhio|ea), amj
services required in the performance ofthis agreement without regard to dollar limit subject to the
provisions stipulated in the paragraphs G through | of this section. The provisions appearing in
paragraphs B. C. and D may be applicable if purchases are subde|ega1ed to Subcontractors which
are either private vendors ornonprofit organizations.
B. All other Contractors and/or Subcontractors and private vendors) may utilize their existing
procurement systems to souung artic|es, supplies, equipment (including EDP/ADP,
telecommunications and motor vehic|eo), and services required in the performance of this
ogrggnmmrd. Equipment procurement shall be limited to an annual maximum of $50.00 , subject to
the provisions stipulated in all cdthe following paragraphs of this section. The provisions appearing
in paragraph A may be applicable if purchases are subdelegated to Subcontractors which are either
local government o, public entities.
C. All other Contractors and/or Subcontractors (nonprofit and/or private vendors) ahoU utilize m
procurement system that meets the following standards:
(1) Maintain o cmdo' or standard of conduct that shall govern the performance of its oMicers,
amnployges, oragents engaged in awarding procurement contracts. No ennp/oyee, offioer, or
agent shall participate in the sa|$ciion, awand, or administration of procurement oortnau1 in
which, to his orher kno^dedge. heurshe has afinancial interest.
(2) Procurement shall be conducted in manner that provkjaa, to the maximum extent practical,
open and free competition. .
(3) Procurement shall be conducted in a manner that provides for all of the following:
(a) Avoidance ofthe purchasing o{ unnecessary orduplicate items.
(b) Solicitation for capital expenditures shall be based upon a clear and accurate
description of the technical requirements o{the goods to be procured.
(c) The taking of positive steps to utilize onnaU' rn|nority, vxmmnen, o, veteran owned
businesses.
D. If at any time during any fiscal year of the.agreement, the Contractor's and/or Subcontractor's
capital expenditure (equipment).line item exceeds $50.000. the Contractor and/or Subcontractor
may procure equipment uptom $50.W80 annual limit. Tosecure equipment items above this limit,
the Contractor shall make arrangements through the State to have all of the remaining equipment
purchased through the Department oYGeneral Sen/|oms Office of Procurement. The cost cfsaid
equipment purchased bvo, through the State shall be deducted from the funds available in the
CMS W==ow o"/klm No.09(Rev.vw/ Page l of
agreement. Contractor shall submit to the State a list of equipment specifications for those items
which the State must arrange the procurement. The State may pay the vendor directly for such
arranged equipment purchases and We to the equipment will remain with the State. The equipment
will be delivered to the Contractor's address as stated in the agreement unless the Contractor
notifies the State, in writing, of.an alternate delivery address.
E. Prior written authorization from the State will be required before the Contractor will be reimbursed
for any purchase order exceeding 55,000 for articles, supplies, equipment, services or for consultant
fees. The Contractor must provide in its request for authorization all particulars necessary for
evaluating the necessity or desirability of incurring such cost. The term *purchase order' excludes
purchase orders for public utility services at rates established for uniform applicability to the general
public.
F. In special circumstances, the State may require prior written authorization and/or the submission
of paid vendor receipts for any purchase, regardless of dollar amount. The State reserves the right
to either deny claims for reimbursement or to request repayment for any Contractor and/or
Subcontractor purchase which the State determines to be unnecessary in carrying out performance
under this agreement.
G. The Contractor and/or Subcontractor must maintain a copy or narrative description of the
procurement system, guidelines, rules, or regulations that will be employed 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 and/or Subcontractor at any time.
H. For all purchases, the Contractor'and/or Subcontractor must maintain copies of all documents, bids
and other information used in vendor selection for inspection or audit by the State. Justifications
supporting the absence of bidding shall also be maintained on file by the Contractor and/or
Subcontractor for inspection or audit by the State.
L The State may, with cause (e.g., reasonable suspicion of unnecessary purchases or use of
inappropriate purchase practices, etc.) withhold, cancel, modify or retract the delegated purchase
authority granted under paragraphs A and/or B of this section by giving the Contractor no less than
30 calendar days written notice.
2. OWNERSHIP/DISPOSITION OF EQUIPMENT/PROPERTY PURCHASED OR REIMBURSED WITH
AGREEMENT FUNDS OR FURNISHED BY.THE STAT
A. All equipment, material, supplies, or property of any kind purchased from contract funds or
furnished by the State under the terms of this agreenel and not fully consumed in the performance
of the agreement shall be the property of the State.
B. Tile to State property shall not be affected by its incorporation or attachment to any property not
owned by the State.
C: Unless otherwise stipulated,the State shall not be under obligation to pay the cost of the restoration
or,rehabilitation of the Contractor's arid/or Subcontractor's facility which may be affected by the
removal any State property.
D. The Contractor and/or Subcontractor shall maintain and administer, according to State directives
and sound business practices, a program for the proper utilization, maintenance, repair, protection,
and preservation of State property.
CMS bUVUCLiOnW Bullaw NO 09(FAV,W94) Page 2 of 4
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E State property, equipment and motor� vehicles purchased by the Contractor and/or Subcontractor
with funds from this agreement orprovided by the State shall beuoedon/yfoxtperformance of
this agreement.
F Contractor shall submit anannual inventory ofequipment furnished and/or purchased with funds
from this agreement. The State will prescribe the inventory formats a .d may supply applicable
forms for this purpose.
G. VVbhk` 90 calendar days of the termination cvend of this agreement. the Contractor shall provide
a final inventory to the State and shall akthat time query the State as to the requipomen1s, including
the manner and nnathod, of returning said equipment or property tothe State. final disposition of
such equipment shall be at State expense inaccordance with instructions from the State tobe
issued immediately after receipt of the final inventory.
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Motor Vehicles
A. R motor vehicles are purchased by funds from this agreement or supplied by the State. within 30
calendar days of the end or termination of this agreement, the Contractor and/or Subcontractor
shall return such motor vehicles 8) the State and shall deliver all necessary documents of1Ne0o
enable the proper transfer ofmarketable title to the State.
B. If motor vehicles are purchased by the Contractor with funds from this agreement or provided by
State State, the �1e shlegal| be the �e� owner of said motor vehicles and the Contractor shall be the
registered owner. Contractor and/or subcontractor may use said vehicles under the terms and
conditions of this agreement for the purpose cdthis agreement only.
C. Contractor and/or Subcontractor agrees that all operators of purchased or supplied motor vehicles
shall hold valid State of California driver's license. In the event 12 or more passengers are to be
carried in any one vehicle, a Class 2driver's license will be required.
D. The contractor and/or Subcontnaotor, if applicable, shall provide, maintain and certify that, at a
minimum, the hd|oWngtype and amount ofautomobile liability insurance |s |neffect during the term
of this agreement if any motor vehicle is purchased with funds from this agreement or provided to
the Contractor and/or Subcontractor bythe State:
(1) Automobile Liability Insurance. The contractor, by signing this agreement hereby certifies that
it possesses or will obtain automobile liability insurance in the amount of $500.000 per
occurrence for bodily injury and property damage liability combined. Said insurance must
be obtained and made effective upon the delivery date of any motor vehicle purchased with
funds from this agreement or provided by the State to the Contractor and/or Subcontractor.
(2) If required by the State, the Contractor and/or Subcontractor agrees to furnish copies of
certificates ofinsurance.
(3) Contractor and/or Subcontractor agrees that bodily injury liability inmunance, as required,
,hmrain, shall remain in effect at all times during the term of this agreement or until such time
oothe motor vehicle |areturned tothe State. .
(4) Contractor and/or Subcontractor agrees toprovide, ifrequired bVthe State, mdleast 3Qdays
pri#r$osaid expiration date ofInsurance coverage, a copy of anew certificate of insurance
evidencing cov$nage, as indicated herein, for not less than the remainder of the term of this
agreement o*for a period ofnot less than one M\ year.
CMS W*"cti"=/o*ks~w",vv(Rev nw/ Page 3 of
(5) Contractor and/or Subcontractor must provide evidence, as stipulated by the State, that any
required certificates of Insurance contains the following provisions:
(a) The insurer will not cancel the insured's coverage without 30 days prior written notice
to the State.
(b) The State of California, its officers, agents, employees, and servants are included as
additional insureds, but insofar as the operations under this agreement are concerned.
(c) The insurance carrier shall notify the State of California in writing of the Contractor's
failure to pay premiums; its cancellation of such policies; or any other substantial'
change, including but not limited to the status, coverage, or scope of the required
insurance.
(6) The Contractor and/or Subcontractor is hereby advised that copies of certificates of insurance
may be subject to the review and approval of the Department of General Services, Office of
Insurance and Risk Management. The contractor shall be notified by the State in writing if
this provision is applicable to this agreement.
(7) In the event the Contractor and/or Subcontractor fails to keep in effect at all times insurance
coverage as herein provided, the State may in addition to any other remedies it may have,
terminate this agreement upon the occurrence of such event.
CMS lrowaional Bullein No.09(Rev.7t%) Page 4 of 4