HomeMy WebLinkAbout1999-272
1
RESOLUTION NO. 1999-272
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR OF THE CITY OF SAN BERNARDINO TO EXECUTE AN AGREEMENT
3 WITH THE DEPARTMENT OF HEALTH SERVICES - CALIFORNIA NUTRITION
NETWORK FOR HEALTHY, ACTIVE FAMILIES, TO PROVIDE
4 INTERVENTIONS THAT ACTIVELY PROMOTE HEALTHY EATING AND
5 PHYSICAL ACTIVITY TO UNDER-SERVED SAN BERNARDINO RESIDENTS.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
7 CITY OF SAN BERNARDINO AS FOLLOWS:
8
9 SECTION I. The Mayor of the City of San Bernardino is hereby authorized to
10 execute an agreement with the Department of Health Services - California Nutrition Network
11 for Healthy, Active Families, for the period of October 1,1999 through September 30, 2000,
12
to provide interventions that actively promote healthy eating and physical activity to under-
13
14
served San Bernardino Residents.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
15
16 Common Council of the City of San Bernardino at a
joint regular
Meeting,
, 1999, by the following vote,
1999-272
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR OF THE CITY OF SAN BERNARDINO TO EXECUTE AN AGREEMENT
2 WITH THE DEPARTMENT OF HEALTH SERVICES - CALIFORNIA NUTRITION
NETWORK FOR HEALTHY, ACTIVE FAMILIES, TO PROVIDE
3 INTERVENTIONS THAT ACTIVELY PROMOTE HEALTHY EATING AND
4 PHYSICAL ACTIVITY TO UNDER-SERVED SAN BERNARDINO RESIDENTS,
AYES
NAYS
ABSTAIN ABSENT
x
x
x
x
x
x
14
15
16
17
18
G~~~
R~l Clark, City Clerk
The foregoing resolution is hereby approved this ~/~ day of .
November
,1999.
. cu.--
D ALLES, MAYOR
City of San Bernardino
STATE OF CALlFORNIA-HEALTH AND HUMAN SERVICES AGENCY
GRAY DAVIS, Gov{'rno,
AffIx an original signature to each enclosed contract copy/face sheet. Retain one full contract copy. Return, to CMU's
address below, any remaining contract copies/face sheets, along with any additional items being requested, as indicated
by a check mark [Xl.
Enclosed for your records is your fully executed contract copy. Include DHS's contract number on all invoices and
future correspondence related to this contract.
The enclosed contract has been fully approved by the State. Upon affixing your signature, the contract will be fully
executed. Retain a full contract copy. Sign/return, to CMU's address below, any remaining contract copies/face
sheets for final distribution.
The enclosed agreement has been signed by DHS. When fully executed, return one originally signed copy and
any' extra copies to CMU's address below. Include DHS's contract number on future correspondence related to
this contract. \0 ........
\."~.) IT'
Complete, sign, and return the enclosed Vendor Data Record form.
Return two copies of Board Motion/Resolution.
Other:
DEPARTMENT OF HEALTH SERVICES
714/744 P STREET
P.O. BOX 942732
SACRAMENTO, CA 94234.7320
.......
Q'C .~ 0 1999
CONTRACTOR NOTICE/INSTRUCTIONS
CONTRACTOR: City of San Bernardino
RECFIVED
DEe /., i 1999
PK" BEe ,c C:::,lM. SVC,
CONTRACT NUMBER: 99.85904
Inquiries about this notice must reference the contract number above and be directed to the Department of Health
Services' (DHS) Contract Management Unit (CMU) at (916) 322-6122,
To complete the processing of your contract, follow all instructions checked [X] below:
[ ]
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[ ]
Retnrn all items reqnested above to CMU at the following address:
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DHS Contract Management Unit (CMU)
P.O. Box 942732
1800 Third Street, Snite 455
Sacramento, CA 94234-7320
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Please do not alter the enclosed contract. Until the contract is fully executed and distributed, no costs are reimbursable.
For program matters, invoice issues, or to request contract alterations, contact:
DHS Special Proj Section (CmC)
Altn: Angela Parker (916) 445-5376
601 N. 7th Street, MS 662
Sacramento, CA 94234.7320
Enclosures
~
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.. ~'sTATEOFCALlFORNIA
1999-272
... ' STANDARD AGREEMENT -
STD. 2 (REV. 5-91)
APPROVED BY THE
ATTORNEY GENERAL
CONTRACT NUMBER
AM. NO.
99-85904
TAXPAYER"S FEDERAL EMPLOYER to. NUMBER
THiS AGREEMENT, made and entered into this 1st day of October, 1999
95-6000772
in the Slate of Calif ami a, by and between State of California, through its duly elet:ted or appointed. qualified and acting
TITLE OF OFFICER ACTING FOR STATE AGENCY
Chief, Program Support Branch
CONTRACTOR'S NAME
City of San Bernardino Parks, Recreation, and Community Services Department
Department of Health Services
Hereafter called the State, and
, hereafter called the Contractor.
WITNESSETH: That the Contractor for and in consideration of the covenants, conditions. agreements. and stipulations aCthe State hereinafter
expressed. does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contracto~ amo,UI1(/o ~ 6Il.id
Contractor, time for performance or completion. and attach plans and specificatio1lJ. if any.) P t: eE:l V t: u
DEe k 7 1999
1.
CONTRACT TERM
PK., REC. & C{)MM. SVC.
The term of the conqact shall be from October 1, 1999 through September 30. 2000,
CONTINUED ON T SHE~TS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions on the reverse side hereof constitute a part arthis agreement.
IN WITNESS WHEREOF, thi; agreement has been executed by the parties hereto, upon the dae first above written.
STATE OF CALIFORNIA CONTRACTOR
AGENCY
PRINTED
OF FERS
L
CONTRACTOR (it other than an indMdual, .val. wtIf1111er.J carporation. ~ etc.)
City of San Bernardino Parks, Recreation &
Co nity Services Department (Gov. Entity)
o Z SIGNATURE}
De artment of Health Services
BY (A QRIlED SIGNATURE)
EdwardCJ3ll1ItM~H BUSINESS SERVICES
TITLE
Chief, Program Support Branch
AMOUNT ENCUMBERED BY THIS PROGfW,I,CATEGORY (CODe AND TITLE)
DOCUMENT Clearing Account
Valles, Ma or
of San Bernardino
N, "0" St., San Bernardino CA 92418
FUND TrT1.e Department of General
General Fund Services Use Only
$22,848
(1999 FY)
(OPTIONAL USE
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT
$ 0
rTEM
4260-111-0001
CHAPTER
50
STATUTE
1999
FISCAl. YEAR
99/2000
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TQTALAMOUNTENCUMBEREDTQ
DATE
OBJECT OF EXPENDITURE {CODE AND TITlE}
$22,848 (1999 FY)
99-51360-4508-702-03-R51360/99 -- $22,848
00-51360-4508-702-03-R51360/99 - $ 7.616
$30,464
I hereby certify upon my own personal knowledge that budgeted funds T.BA NO.
are available for the period and purpose of the expenditure stated
above.
51
B.R. NO.
: CONTRACTOR
[j STATE AGENCY
::: OEPT. OF GEN. SER.
[ CONTROLLER
'-
1999-272
I
,J: ~
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD. 2 (REV. 5-91) (REVERSE)
~ .
1. The Contractor agrees to indemnify, defend and save hannless the State, its officers, agents and
employees from any and all claims and losses accruing or resulting to any and all contractors,
subcontractors,_materiaImen, 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 =ployees or agents of State of California
3. The State may terminate this agre=ent 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 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 the parties hereto, and no oral understanding or agreement not incorporated herein, shaU 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.
'.
1.999-272
City of San Bernardino Parks, Recreation & Community Services Department
Contract # 99-80904
Page 2 of 8
2.
MAXIMUM AMOUNT PAYABLE
A. Subject to the provisions limiting the State's liability and addressing funding
reductions in subsequent state fiscal years, the maximum amount payable under
this contract shall not exceed $ 30,464.
B. Reimbursement shall be made for allowable expenses up to the amount annually
encumbered commensurate with the state fiscal year in which services are
performed and/or goods are received.
C. The Contractor must maintain records reflecting actual expenditures for each state
fiscal year covered by the term of this contract.
D. Contractor agrees to match each State dollar with two dollars of In-Kind
contributions as detailed in Exhibit C.
3. LIMITATION OF STATE LIABILITY
Payment for performance by the Contractor shall be dependent upon the availability of
future appropriations by the Legislature or Congress for the purposes of this program. No
legal liability on the part ofthe State may arise for any payment under this contract until
funds are made available and until the Contractor has received notice of funding
availability. Notice of funding availability shall be confirmed in writing.
4. FUNDING REDUCTION IN SUBSEQUENT FISCAL YEARS
If funding for any state fiscal year is reduced or deleted by the Legislature, the Governor,
a court order or Congress for the purpose of this program, the State shall have the option
to either:
A. Cause the contract to be canceled pursuant to the contract cancellation and/or
termination clause.
B. Offer a formal contract amendment that reflects the reduced funding for this
contract.
5. INVOICE INSTRUCTIONS
A. In consideration of the services performed in a manner acceptable to the State
according to the contract terms and conditions herein, the State shall reimburse
the Contractor for allowable costs incurred according to approved and authorized
budget expenses. Authorized expenses that have been approved for payment may
be later disallowed and/or subject to repayment as the result of a subsequent
program and/or financial audit.
'.,
1999-272
City of San Bernardino Parks, Recreation & Community Services Department
Contract # 99-80904
Page 3 of 8
B. Invoices shall be submitted quarterly, in arrears to:
California Department of Health Services
Cancer Prevention and Nutrition Section
Attn.: Angela Parker
601 North 7th Street, MS 662
P.O. Box 942732
Sacramento, CA 94234-7320
C. All invoices must reference the number assigned to this contract by the State and
must be signed by a duly authorized person who can certify the authenticity and
accuracy of all expenses submitted for reimbursement. Invoices must also bear
the name of a contact person, their telephone number and a fax number.
6. TIMELY SUBMISSION OF FINAL INVOICE
A. A final undisputed invoice shall be submitted for payment as soon as practical,
following the contract expiration or termination date and, in no case, later than
sixty (60) calendar days following the expiration or termination date of this
contract, unless a later or alternate deadline is negotiated and agreed upon in
writing by the state. Said invoice should be clearly marked "Final Invoice", to
indicate that all payment obligations ofthe State under this contract have ceased
and that no further payments are due or outstanding.
B. The State, at it's discretion, may elect not to honor any delinquent final invoice if
the Contractor fails to obtain prior written State approval of an alternate final
invoice submission deadline. Written State approval to extend the final invoice
submission deadline shall be sought prior to the expiration or termination date of
this contract.
C. The Contractor is hereby advised of its obligation to submit, with the final
invoice, a "Contractor's Release (Exhibit D)" acknowledging submission of the
final invoice to the State and certifying the approximate percentage amount, if
any, ofrecycled products used in performance of this contract.
7. CANCELLATION
This agreement may be canceled without cause by either party upon a 30-days advance
written notice to the other party. Upon such cancellation, Contractor shall be paid
according to the terms of this contract for work completed, including cost incurred and/or
uncancellably obligated prior to the effective date of cancellation. Such notification shall
state the effective date of termination, and any final performance and/or
payment/invoicing requirements.
"
1.999-272
City of San Bernardino Parks, Recreation & Community Services Department
Contract # 99-80904
Page 4 of 8
8.
STATE'S CONTRACT MANAGER
Ralph Bonitz is designated as the Contract Manager for the state. All questions,
correspondences, reports, or other communications arising from this agreement shall be
directed to the Contract Manager at the following address:
California Department of Health Services
Cancer Prevention and Nutrition Section
Attn.: Ralph Bonitz
601 North 7th Street, MS 662
P.O. Box 942732
Sacramento, CA 94234-7320
The State reserves the right to change the Contract Manager at any time, and will notify
the Contractor of such change within 10 working days.
9. CONTRACTOR'S CONTRACT MANAGER
The Contractor designates Glenda Burnett as their Contract Manager. The Contractor's
Contract Manager is responsible for all programmatic and technical matters under this
agreement. The State reserves the right to approve any substitute Contractor's Contract
Manager.
1 O. ALLOWABLE INFORMAL SCOPE OF WORK (SOW) CHANGES
A. The Contractor or State may propose informal changes or revisions to the
activities, task, 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.
B. Informal SOW changes may include the substitution of specific activities or tasks;
alteration or substitution of contract deliverables and modifications to anticipated
completion/target dates.
C. Informal SOW changes processed hereunder, shall not require a formal contract
amendment, provided the Contractor's annual budget does not increase or
decrease as a result of the informal SOW change.
D. Unless otherwise stipulated, all informal SOW changes and revisions are subject
to prior written approval by the State.
E. In implementing this provision, the State may provide a format for Contractor's
use, to request informal SOW changes. Ifno format is provided, the Contractor
may devise its own format for this purpose.
",
1999-272
City of San Bernardino Parks, Recreation & Community Services Department
Contract # 99-80904
Page 5 of 8
11.
ALLOWABLE LINE ITEM SHIFTS
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 not changed.
B. Line item shifts meeting this criteria shall not require a formal contract
amendment.
C. Contractor shall adhere to State requirements regarding the process to follow in
requesting approval line item shifts.
D. Line item shifts may be proposed/requested by either the State or the Contractor.
12. CONTRACTOR'S IN-KIND SHARE REQUIREMENTS
A. The contractor shall contribute qualifying network nutrition education
contributions from its own in-kind resources to the extent of the Contractor's in-
kind share as detailed in Exhibit C, Contractor's In-Kind Share. The Contractor's
in-kind share must be from a public, non-Federal source. The Contractor's in-kind
share cannot be used to match another Federal program. In addition, the
qualifying nutrition education intervention must target Food Stamp recipients
and/or other similar households with annual incomes less than $20,000 or for
school districts and other education agencies, interventions must target
low-resource schools, defined as those with 40% of students or more eligible for
free or reduced-price school meals.
B. The Contractor is responsible for maintaining verifiable records of all in-kind
contributions. The Contractor shall submit quarterly, in-kind reports documenting
in-kind contributions. The in-kind documentation report shall be submitted in a
form and format prescribed by the State.
C. The Contractor shall return any funds necessary to repay the State for any Federal
audit exceptions resulting in the disallowance of contract funds in which the
Contractor has not complied with the requirements of this contract and applicable
Federal regulations.
D. Any changes to the Contractor's in-kind share as detailed in Exhibit C,
Contractor's In-Kind Share, may be proposed by the Contractor. All changes are
subject to prior written approval by the State.
I
"
1999-272
City of San Bernardino Parks, Recreation & Community Services Department
Contract # 99-80904
Page 6 of 8
13.
AMENDMENT PROCEDURES
Should either party during the term of this contract desire a change in the contract, such
change shall be proposed in writing to the other party, who will, within 30 calendar days
of the receipt of the request, respond in writing whether the proposed change is accepted
or rejected. If accepted, the agreed upon change shall be processed subject to the State's
amendment process via a formal contract amendment.
14. REVENUE
The contractor shall place any income, fees, or reimbursements accruing to or received by
the Contractor for services rendered under this contract into a separate identifiable
account. Revenues generated by the Contractor as a result of this State contract must be
utilized to meet identified, agreed upon, program-related needs of the Contractor, or must
be returned to the State. Any revenues accruing to the Contractor, based on services
supported in whole or in part by the State pursuant to this contract, shall only be used to
defray costs incurred by this project to measurably expand the program or improve the
quality of services detailed in this agreement, and must be approved in writing by the
State. Adequate documentation of the use of these funds shall be maintained.
15. PROGRESS REPORTS
A. The Contractor shall submit semi-annual progress reports in triplicate to the
Contract Manager in the format prescribed by the State. The progress reports
shall describe progress made in completing contract deliverables, problems
encountered, and solutions proposed.
B. Progress report periods and due dates are:
Period
Due Date
Interim
Final
October 1,1999 - March 31, 2000
April 1, 2000 - September 30, 2000
04/17/2000
10/16/2000
C. If the State does not receive complete and accurate progress reports by the
required dates; further payments to the Contractor may be suspended until
complete and accurate reports are received.
r
"
16.
1999-272
City of San Bernardino Parks, Recreation & Community Services Department
Contract # 99-80904
Page 7 of 8
CONTRACTOR REQUIREMENTS
The Contractor shall comply with the following requirements:
A. Submit any news release related to this contract to the State for review prior to its
release.
B. Contractor shall ensure that the California Department of Health Services (CDHS)
and the U.S. Department of Agriculture (USDA) are clearly identified as a
sponsor or support organization on all published material relating to the contract.
C. When producing audio and/or visual materials, not previously developed, .the
Contractor will acknowledge CDHS and USDA support in the following manner:
English
"A message from the California Department of Health Services funded by the
U.S. Department of Agriculture."
Spanish
"Un mensaje del Departamento de Servicios de Salud de California auspiciado por
el Departamento de Agricultura de Los Estados Unidos."
D. The CDHS' and USDA's name shall be placed prominently on all other products
generated by the Contractor as a result of the contract, with appropriate credit
given for funding.
E. The Contractor agrees to abide by the guidelines set for usage of the Network
mark. Guidelines will be sent to the Contractor as a Program Letter.
F. The Contractor agrees to cooperate with the State by participating in statewide
meetings and site visits, as the State Contract Manager may deem necessary.
G. The Contractor agrees to cooperate with the State in the collection of data related
to evaluation of program effectiveness as requested in the manner, format, and
timeline prescribed by the State. Data shall include, at a rninimum; demographic
description of the population served and items to measure program effectiveness.
H. The Contractor agrees to cooperate with the State in the review and, when
appropriate, the field testing of statewide evaluation instruments and newly
developed educational materials.
"
City1J'?$l':;;~e~ardino Parks, Recreation & Community Services Department
Contract # 99-80904
Page 8 of 8
17.
YEAR 2000 COMPLIANCE REQUIREMENTS
The Contractor represents and warrants fault-free performance in processing of date and
date related data (including, but not limited to, calculating, comparing, and sequencing)
by all hardware, software, and firmware products delivered and used under this contract,
individually and in combination, upon installation. Fault-free includes the manipulation
of this data with dates prior to, through and beyond January 1, 2000, and shall be
transparent to the user.
18. ADDITIONAL PROVISIONSIEXHIBITS
The following attached exhibits are incorporated herein and made a part hereof by the
reference:
A. Exhibit A, entitled "Scope of Work," consisting of three (3) pages.
B. Exhibit A-I, entitled "Current Contract Year Equipment Purchased With State
Funds," consisting of two (2) pages.
C. Exhibit A-2, entitled "Annual Inventory of State Furnished Equipment,"
consisting of one (1) page.
D. Exhibit A (F), entitled "ADDITIONAL PROVISIONS (For Federally Funded
Subvention AidILocal Assistance Cost Reimbursement Contracts/Grants)"
consisting of twenty-nine (29) pages.
E. Exhibit B, entitled "State Match Budget" consisting of one (1) page.
F. Exhibit C, entitled "Contractor's In-Kind Budget" consisting of one (1) page.
Exhibit C represents the minimum support the contractor agrees to provide in
exchange for the payments received. Changes to Exhibit C do not require a
formal amendment.
G. Exhibit D, entitled "Contractor's Release" consisting of one (1) page.
H. Exhibit E, entitled "Travel Reimbursement Information" consisting of two
(2) pages.
I. Exhibit F, entitled "Contract Uniformity" consisting of two (2) pages.
, .
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1999-272
Exhibit A(F)
STATE OF CALIFORNIA
DEPARTMENT OF HEALTH SERVICES
ADDITIONAL PROVISIONS
(FOR FEDERALLY FUNDED SUBVENTION AID/LOCAL ASSISTANCE AND
COST REIMBURSEMENT CONTRACTS/GRANTS)
1 . FEDERAL EQUAL OPPORTUNITY CLAUSE
a. The Contractor will not discriminate against any employee or applicant tor 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 payor 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 at 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 behaff
of the Contractor, state that all qualffied 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.
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 and 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
eMS 02 (5196) Page 1 0129
1999-272
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 DireClor 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 travel and per diem shall be at rates currently in effect, as
established by the Department of Personnel Administration, for similar state employees.
Exceptions to these rates may be approved by the State upon the verification of a statement
submitted by the Contractor indicating that such rates are not available to the Contractor. No travel
outside the State of California shall be reimbursed without prior written authorization from the State.
3. PURCHASING/PROCUREMENT RULES
a. Units of local government, public entitles (Including the Universities of California and
California State University and auxiliary organizations/foundations thereof), and state
or federal agencies, whether acting as a contractor and/or subcontractor, may use their
existing procurement systems to secure all articles, supplies, equipment (e.g.,
nonexpendable items with a unit cost of $500 or more and a useful life expectancy of four or
more years, including EDPIADP, telecommunications, and motor vehicles), and services
related to such purchases that are required in performance of this contract, without regard to
dol/ar limit, subject to the provisions In paragraphs e through I of this section, The
provisions in paragraphs b, c, and d of this section may also apply, if purchases are
subdelegated to subcontractors that are nonprofit organizations, for-profit entities or private
vendors.
b. All other entities (nonprofit organizations, for-profit entities, or private vendors), whether
acting as a contraClor or subcontractor, may use their existing procurement systems to
secure articles, supplies, equipment (e.g., nonexpendable items with a unit cost of $500 or
more and a useful life expectancy of four or more years, including EDPIADP,
telecommunications, and motor vehicles), and services related to such purchases that are
required in performance of this contract. Equipment procurement shall not exceed an
annual maximum limit of $50,000, subject to the provisions in paragraphs c through I of
this section. The provisions in paragraph a of this section may also apply. if purchases are
subdelegated to subcontractors that are units of local government, public entities, state or
federal agencies.
c. All other entities (nonprofit organizations, for-profit entities, or private vendors), whether
acting as a contractor or subcontractor, shall use procurement systems that meet the
following standards:
(1) 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,
CMS 02 (5196) Page 2 of 29
1999-272
Exhibit A(F)
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.
(2) Procurements shall be conducted in a manner that provides, to the maximum extent
practical, open, and free competition.
(3) Procurements shall be conduCled in a manner that provides for all of the following:
(a) Avoidance of the purchasing of unnecessary or duplicate items.
(b) Solicitations for cap~al expend~ures (equipment) shall be based upon a clear and
accurate description of the technical requirements of the goods to be procured.
(c) The taking of positive steps to utilize small, minority, women, or veteran owned
businesses.
d. To secure equipment above the annual maximum limit of $50,000, the Contractor shall
make arrangements through the appropriate Department of Hea~h Services (DHS) program
contract manager, to have all remaining equipment purchased through the DHS Purchasing
Unit by way of the Department of General Services, Office of Procurement. The cost of
equipment purchased by or through the State shall be deducted from the funds available in
this contract. Contractor shall submit to the DHS Purchasing Unit a list of equipment
specifications for those items which the State must procure. The State may pay the vendor
directly for such arranged equipment purchases and t~le to the equipment will remain w~h the
State. The equipment will be delivered to the Contractor's address, as stated on the face of
the contract, unless the Contractor notifies the State, in writing, of an alternate delivery
address.
e. Prior written authorization from the appropriate DHS program contract manager will be
required before the Contractor will be reimbursed for any purchase of $5,000 or more tor
articles, supplies, equipment, and services related to such purchases. The ContraClor must
provide in its request for authorization all particulars necessary, as specified by the State, for
evaluating the necess~y or desirability of incurring such costs. The term "purchase" excludes
the purchase of services from a subcontractor and public utility services at rates established
for unnorm applicability to the general public.
f. In special circumstances, defined by the State, 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 that the State
determines to be unnecessary in carrying out performance under this contract.
g. The Contractor and/or subcontractor must maintain a copy or narrative description of the
procurement system, guidelines, rules, or regulations that will be used to make purchases
under this contract. The State reserves the right to request copies of these documents and to
inspect the purchasing practices of the ContraClor and/or subcontractor at any time.
h. For all purchases, the Contractor and/or subcontractor must maintain copies of all paid vendor
invoices, documents, bids, and other information used in vendor selection, for inspection or
audit by the State. Justifications supporting the absence of bidding (i.e., sole source
purchases) shall also be maintained on file by the Contractor and/or subcontractor for
inspection or audit by the State.
CIlS 02 (5106) Page'"''
1--
1999-272
i. The State may, with cause (e.g., with 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.
4. OWNERSHIP/DISPOSITIONIINVENTORY OF EQUIPMENT PURCHASED/REIMBURSED WITH
CONTRACT FUNDS OR FURNISHED BY THE STATE
a. All equipment of any kind, as defined in section 3, paragraph a, purchased/reimbursed wRh
contract funds or furnished by the State under the terms of this contract and not fully
consumed in performance of this contract shall be considered state equipment and the
property of the State.
b. nle to state equipment shall not be affected by its incorporation or atlachmentto any property
not owned by the State.
c. Unless otherwise stipulated, the State shall be under no obligation to pay the cost of
restoration, or rehabilitation of the Contractor's and/or subcontractor's facility which may be
affected by the removal of any state equipment.
d. The Contractor and/or subcontractor shall mainlain and administer, according to state
directives and sound business practices, a program for the proper use, maintenance, repair,
protection, insurance, and preservation of state equipment.
e. Equipment, as defined in section 3, paragraph a, purchased/reimbursed wRh contract funds or
fumished by the State under the terms ot this contract, shall only be used for performance of
this contract.
I. Contractor shall submit an annual inventory of equipment, as defined in section 3,
paragraph a, purchased/reimbursed with contract funds or fumished by the State under the
terms of this contract. Include in that inventory, said equipment in the Contractor's possession
and/or in the possession of a subcontractor. The State will prescribe the inventory format and
may supply applicable forms to be used for this purpose.
g. Within 90 calendar days prior to the termination or end of this contract, the Contractor shall
provide a final inventory of equipment to the State and shall at that time query the State as to
the requirements, including the manner and method, of retuming state equipment to DHS.
Final disposRion of equipment shall be at state expense and aCCOrding to state instructions.
Property disposRion instructions shall be issued by the State immediately after receipt of the
final equipment inventory.
h. Motor Vehicles
(1) If motor vehicles are purchased/reimbursed wRh contract funds or furnished by the State
under the terms of this contract, within 30 calendar days prior to the termination or end of
this contract, the Contractor and/or subcontractor shall return such vehicles to the State
and shall deliver all necessary documents of title or registration to enable the proper
transfer of a marketable fijle to the State.
(2) If motor vehicles are purchased/reimbursed wRh contract funds or turnished by the State
under the terms of this contract, the State shall be the legal owner of said motor vehicles
and the Contractor shall be the registered owner. The Contractor ancflor subcontractor
may only use said vehicles for performance and under the terms of this contract.
eMS Q2 (!W6) Page' '" 29
1999-272
Exhibit A(F)
I'
(3) The Contractor and/or subcontractor agree that all operators of motor vehicles,
purchased/reimbursed with contract funds or fumished by the State under the terms of
this contract, shall hold a valid State of California driver's license. In the event that ten or
more passengers are to be transported in anyone vehicle, the operator shall also hold a
State of Camornia Class B driver's license.
(4) If any motor vehicle is purchased/reimbursed with contract funds or furnished by the
State under the terms of this contract, the Contractor and/or subcontractor, as applicable,
shall provide, maintain, and cert~y that, at a minimum, the following type and amount of
automobile Iiabilijy insurance is in effect during the term of this contract or any period of
contract extension during which any vehicle remains in the Contractor's and/or
subcontractor's possession:
(a) Automobile Liability Insurance
The Contractor, by signing this contract, hereby certifies that it possesses or will
obtain automobile liability insurance in the amount of $1,000,000 per occurrence for
bodily injury and property damage combined. Said insurance must be obtained
and made effective upon the delivery date of any motor vehicle,
purchased/reimbursed with contract funds or furnished by the State under the
terms of this contract, to the Contractor and/or subcontractor.
(b) The Contractor and/or subcontractor shall, as soon as practical, furnish a copy of
the cert~icate of insurance to the State.
(c) The Contractor and/or subcontractor agree that bodily injury and property damage
liability insurance, as required herein, shall remain in effect at all times during the
term of this contract or until such time as the motor vehicle is returned to the State.
(d) The Contractor and/or subcontractor agree to provide, at least 30 days prior to the
expiration date of said insurance coverage, a copy of a new certificate of insurance
evidencing continued coverage, as indicated herein, for not less than the remainder
of the term of this contract, the term of any extension or continuation thereof, or for
a period of not less than one (1) year.
(e) The Contractor and/or subcontractor must provide evidence, that any required
certificates of insurance contain the following provisions:
[1] The insurer will not cancel the insured's coverage without giving 30 calendar
days prior written notice to the State (Department of Heallh Services).
[2] The State of California, its officers, agents, employees, and servants are
included as additional insureds, but only insofar as the operations under this
contract and any extension or continuation of this contract are concerned.
[3J The insurance carrier shall not~y the State of California Department of Heallh
Services, in writing, of the Contractor's failure to pay premiums; its
cancellation of such policies; or any other substantial change, including, but
no Iimijed to, the status, coverage, or scope of the required insurance. Such
notices shall contain a reference to the contract number for which the
insurance was obtained.
(f) The Contractor and/or subcontractor is hereby advised that copies of certificates of
insurance may be subject to review and approval by the Department of General
CMS02(5I96) Page 50129
1999-272
Services, Office of Insurance and Risk Management. The Contractor shall be
notified by the State, in writing, if this provision is applicable to this contract.
(g) In the event the Contractor and/or subcontractor fails to keep insurance coverage,
as required herein, in effect at all times during vehicle possession, the State may, in
addition to any other remedies it may have, terminate this contract upon the
occurrence of such event.
5. REQUIREMENTS APPLICABLE TO SUBCONTRACTS FOR SERVICES
a. Prior written authorization will be required before the Contractor enters into or is reimbursed
for any subcontract for services costing $5,000 or more. For subcontracts for services
exceeding $5,000, Contractors shall obtain at least three bids or jusmy a sole source award.
(1) The Contractor must provide in its request for authorization, all particulars necessary for
evaluating the necessity or desirability of incurring such cost.
(2) The State may identify the information needed to fuKiII this requirement.
b. The State reserves the right to approve or disapprove the selection of subcontractors, require
the substitution of subcontractors, and order the termination of subcontracts entered into in
support of this contract.
c. Actual subcontraCls (i.e., written agreement between the Contractor and a subcontractor) of
$5,000 or more are subject to the prior review and written approval of the State. The State
may, at tts discretion, elect to waive this right. All such waivers shall be confirmed in writing by
the State.
d. Contractor shall maintain a copy of each subcontract entered into in support of this contract
and shall, upon request by the State, make said copies available lor approval, inspection, or
audtt.
e. Sole responsibility rests wtth the Contractor to ensure that subcontractors are paid in a timely
manner.
f. The Contractor is responsible for all performance requirements under this contraCl even
though performance may be carried out through a subcontract.
g. The Contractor is responsible for a subcontractor's actions or failure to take action in funilling
the requirements of this contract.
h. When entering into consulting services contracts with the State, Contractor may be required to
supply budget detail for each subcontractor and/or each major subcontracted activity under
this contract.
(1) Budget detail format and submission requirements will be prescribed by the State.
(2) Methods at including budget detail in this contract, if applicable, will be prescribed by the
State.
(3) Any subcontractor budget detail displayed in this contract, or incorporated by reference,
is included for information purposes only.
CUSQ2("""l _."..
"
1999-272
Exhibit A(F)
..
Changes to a subcontractor's identity or subcontract budget detail may be made wtlh the
mutual consent of the State and the Contractor and said changes shall not require the
processing of a formal amendment to this contract.
i. The Contractor shall ensure that all subcontracts for services include provision(s) requiring
compliance with applicable terms and conditions specified in this contract.
j. The Contractor agrees to include the following clause, relevant to record retention, in all
subcontracts for services:
(Subcontractor Name) agrees to maintain and preserve, until three years after
termination of (Contract Numbet) and final payment from the State, and to permtl
the State or any duly authorized representative, to have access to, examine or
audit any pertinent books, documents, papers and records related to this
subcontract."
k. Unless otherwise stipulated in writing by the State, the Contractor shall be the subcontractor's
sole point of contact for all matters related to performance and payment under this contract.
I. Contractor shall, as applicable, advise all subcontractors of their obligations pursuant to the
following numbered provisions ofthis exhibit: 1,2,3,4,5,6,7,8,10,11,12,13,14,15,16,
17,18,19,21,25,32,36, and 37.
6. INCOME RESTRICTIONS
Unless otherwise stipulated in this contract, the Contractor agrees that any refunds, rebates,
credtls, 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, AUDITS, AND RECORDS
a. The Contractor and/or subcontractor shall maintain books, records, documents, and other
evidence, accounting procedures, and practices, sufficient to reflect properly all direct and
indirect costs of whatever nature claimed to have been incurred in the performance of this
contract, including any matching costs and expenses. The foregoing constitutes "records" for
the purpose of this clause.
b. The Contractor's and/or subcontractor's facility or office or such part thereof as may be
engaged in the performance of this contract and his/her records shall be subject at all
reasonable times to inspection, audit, and reproduction by the State, State of California
Bureau of State Audijs or any of its duly authorized representatives, including the Comptroller
General of the United States.
c. The Contractor and/or subcontractor shall preserve and make available his/her records (1) for
a period of three years from the date of final payment under this contract, and (2) 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
-,
CMS02(5I96)
Page 7 oC29
1999-272
.'
..
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.
8. 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 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.
9. FUNDING AVAilABILITY
a. 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 iI sufficient funds are made available to the
state by the United States Government for the fiscal years covered by the term on this
contract. 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 contraCl shall be amended to reflect any reduClion in funds.
(4) The Department has the option to void or cancel the contract with 30 days advance
written notice or to amend the contract to reflect any reduction in funds.
b. State contract funds committed prior to July 1 of any fiscal year.
(1) Contractor understands that this contract may have been written and executed prior to
the passage of a Governor's annual budget in order to avoid program and fiscal delays
which could occur if the contract were executed after such event.
(2) This contract is valid and enforceable only if sufficient funds are made available by the
appropriate budget act 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 a budget bill or any statute enacted by the legislature that may affect
the provisions, terms, or funding of this contract in any manner.
(3) If sufficient funds are not appropriated for this program and contract, this contract shall
be invalid and of no further force and effect. In this event, the State shall have no liability
to pay any tunds 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.
""$02("'" Page.....
1999-272
Exhibit A(F)
10. STATE NONDISCRIMINATION CLAUSE AND REQUIREMENTS
a. During the performance of this contract, Contractor and its subcontractors shall not unlawfully
discriminate, harass or allow harassment. against any employee or applicant because of sex,
race, color, ancestry, religious creed, national origin, physical disabilny (including HIV and
AIDS), mental disability, medical condition (cancer), age (over 40), marnal status, and denial
of family care leave. Contractors and subcontractors shall ensure that the evaluation and
treatment of their employees and applicants for employment are free from such discrimination
and harassment. Contractor and subcontractors shall comply wnh 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, Trtle 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
Hie 2 of the California Code of Regulations are incorporated into this contract by reference
and made a part hereof as if set forth in full. Contractor and its subcontractors shall give
written notice of their obligations under this clause to labor organizations with which they have
a collective bargaining or other contract.
b. Contractor shall include the nondiscrimination and compliance provisions of paragraph (a) in
all subcontracts to perform work under the contract.
c. The Contractor will not discriminate in the provision of services against any person with
protected status as provided by state and federal law and described in paragraph a.
d. For the purpose of this contract, distinctions made on the basis of a person's protected status
as noted in paragraph a 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 or place from that provided to other participants under this
contract; subjecting a participant to segregation or separate treatment in any matter related to
his or her 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 or she 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.
e. The Contractor will take affirmative action to ensure that intended beneficiaries are provided
services without regard to their protected status as noted in paragraph a.
f. The Contractor agrees that complaints alleging discrimination in the delivery of services by the
Contractor or his or her subcontractor because of a person's protected status as noted in
paragraph a will be resolved by the State through the Department of Health Services'
Affirmative Action/Discrimination Compliant Process.
g. The Contractor shall, subjeClto 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.
h. 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, SeClions 84.21 and 84.22.
1. 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
eMS 02 (SI98I Page 9 of 29
1999-272
"
requirements pursuant to 45 Code of Federal Regulations, Parts 80, 84, and 90,
Sections 80.6, 84.61, and 90.42.
11. FREEZE EXEMPTIONS
(Applicable only to local govemmental and public entities.)
a. Contractor agrees that any hiring freeze adopted during the term of this contract shall not be
applied to the posnions funded, in whole or in part, by this contract.
b. Contractor agrees not to implement any personnel policy which may adversely affect
performance or the posnions funded, in whole or in part, by this contract.
c. Contractor agrees that any travel freeze or travel limnation policy adopted during the term of
this contract shall not restriCl travel funded, in whole or in part, by this contraCl.
d. Contractor agrees that any purchasing freeze or purchase limnation policy adopted during the
term of this contract shall not restrict or limn purchases funded, in whole or in part, by this
contract.
12. AMERICANS WITH DISABILITIES ACT REQUIREMENTS
By signing this contract, Contractor assures the state that it complies with the Americans with
Disabilities ACl (ADA) of 1990, (42 U.S.C. 12101 et seq.), which prohibits discrimination on the
basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.
13. RIGHTS IN DATA
a. Subject Data. As used in this clause, the term "Subject Data" means writings, sound
recordings, pictorial reproduClions, drawings, designs or graphic representations, procedural
manuals, forms, diagrams, work flow charts, equipment descriptions, data files and data
processing or computer programs, and wor1<s 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 paragraph c,
below, the Federal Govemment 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 paragraph b, above, wnh respect to any subject data which may be copyrighted,
the Contractor and applicable subcontractor agrees to and does hereby grant to the Federal
Government and State a royally-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 permn 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 contraCl involving
research or developmental, experimental, or demonstration work with respect to any discovery
or invention which arises under this contract.
eMS 02 (5/96) Page 10 of 29
1999-272
Exhibit A(F)
,
"
e. Marking and Identification. The Contractor shall mark all Subject Data with the number of
this contract and the name and address of the ContraClor 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 Govemment's or State's
rights in the subcontractor Subject Data.
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 ns best efforts to prepare
and deliver such data as is ordered. The Federal Govemment'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 paragraph b, above. The Contractor shall be relieved of obligation to furnish data
pertaining to an item obtained from a subcontraClor 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 payor 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.
CMS 02 (5196)
Page 11 af29
1999-272
.'
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 recru~ment 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.
d. The reports required by paragraph b of this clause shall include, but not be Iim~ed to, periodic
reports which shall be filed at least quarterly w~h 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 w~hin 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,
~ shall advise the employment service system in each state where ~ 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 w~hin 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 notlim~ed 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 inst~ution. 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
CMS02(SJ96) Page12~2SI
1999-272
Exhibit A(F)
.,'
requirement of listing would otherwise not be for the best interest of the Federal
Government.
(2) "Appropriate office of the state employment service system" means the local office of the
federaVstate national system of public employment offices with assigned responsibility
for serving the area where the employment opening is to be tilled, 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 till pursuant to a customary and tradtlional
employer-union hiring arrangement" means employment openings which the contractor
proposes to fill from union halls which is part of the customary and traditional hiring
relationship which exists between the Contractor and representatives of his employees.
i. The Contractor agrees to comply with the rules, regulations, and relevant orders of the Federal
Secretary of labor issued pursuant to the ACl.
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
tor 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. CLEAN AIR AND WATER
a. (Applicable only if the contract is not with a sole source vendor of products or services, or if tl
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.
CMS02(5I96)
Page 13 of 29
1999-272
,
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 SeClion 13301 of the Water Code for
violation of waste discharge requirements or discharge prohiMions, or is not finally determined
to be in violation ot 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:
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 92500),
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.
16. USE OF MINORITY, WOMEN, AND DISABLED VETERAN BUSINESS ENTERPRISES
(Applicable to any contract subject to MIW/DVBE goal participation or good fanh effort compliance.
Not applicable to local govemment or public entities or entnies exempted by DHS.)
a. It is a federal policy to award a fair share of contracts to small, minorny, 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 tor the State be placed with minorny,
women, and disabled veteran owned business enterprises.
b. All M/W/DVBE participation attachments, however labeled, completed as a condition of
bidding, contraCling or amending a subject contract are incorporated herein and made a part
of this contract by this reference.
c. Contractor agrees to use any and all proposed M/W/DVBEs, as identified in previously
submitted M/W/DVBE attachments, unless the Contractor submits a written request for
substnution of a like vendor. All requests for substitution must be approved by the State, in
writing, prior to using a substituted M/W/DVBE subcontractor, supplier or vendor.
Requests for substitution must be directed to the program funding this contract and must
contain: (1) identity of the firm to be substituted and its M/W/DVBE status, (2) reason for the
substnution, and (3) identity of the replacement firm and ns MIWIDVBE status.
d. Contractor agrees the State will have the right to review. obtain, and copy all records
pertaining to performance of the contract. Contractor agrees to provide the State or its
delegatee with any relevant information requested and shall permn the State or ns delegatee
access to its premises, upon reasonable notice, during normal business hours for the purpose
of interviewing employees and inspecting and copying such books, records, accounts, and
other material that may be relevant to a matter under investigation for the purpose of
determining compliance with State M/WIDVBE goal or good faith effort compliance.
Contractor further agrees to maintain such records for a period of three (3) years after tinal
payment is received under the contraCl.
17. PRINTING
It printing or other reproduction work of more than an incidental and minor dollar amount (e.g.,
$25,000 or 10 percent of the contract total, whichever is less) is a reimbursable item in this contract,
cus Q2 ($'98)
Page '''cia
1999-272
Exhibit A(F)
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 of her work through another source, the cost will be
deducted trom 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 publictty or educational materials to be made available for
distribution. The Contractor shall acknowledge the support of the State whenever publicizing the
work under the contraCl 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 identnying 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 identnying
information for any purpose other than carrying out the Contractor's obligations under this
contract.
c. The Contractor, hislher employees, agents, or subcontractors shall promptly transmtt 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 contract, 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 the Contractor
within the immediately preceding two-year period because of the Contractor's failure to comply with
an order of a federal court which orders the Contractor to comply with an order of the National
labor Relations Board.
21. DOCUMENTS AND WRITTEN REPORTS
Any document or written report prepared as a requirement of this contract shall contain, in a
separate section preceding the main body of the document, the number and dollar amounts of all
CMS 02 (5/96)
Page 15 0129
1999-272
'. .
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. " 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 Hie 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 Hea~h or his!
her designee, the Contractor shall follow the procedures set forth in Division 25.1
(commencing wijh Section 38050) of the Heallh and Safety Code and the regulations adopted
thereunder. (Title 1, Subchapter 2.5, commencing with Section 251, California Code of
Regulations.)
c. Disputes arising out of an audit or examination of a contraCl not covered by subdivision (a) of
Section 20204, of Chapter 2.1, Trtle 22, of the California Code of Regulations, and for which
no procedures for appeal are provided in statute, regulation or the contract shall be handled in
accordance with the procedures identified in Sections 51016 through 51047, Title 22,
California Code of Regulations.
23. FINANCIAL AND COMPLIANCE AUDIT OF NONPROFIT ENTITIES
(Applicable only if Contractor is a private, nonprom entity)
a. Definitions within this paragraph are defined in Section 38040 of the HeaUh 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 wijh 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 audij report shall be delivered to the state program
funding this contract. The report shall be due within 30 days after the completion of the audij.
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 nonprofij institution receiving less than
$25.000 per year.
I. The cost of such audij 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 ijs authorized designee including the Bureau of State Audits, 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 authorijy to enforce state law or
regulations, procedures, or reporting requirements arising pursuant thereto.
CMS 02 (Sr'96) Page 18of29
1999-272
Exhibit A(F)
i. Nothing in this paragraph limits the authority of the State to make audns of this contract,
provided however, that if independent audns arranged for by the Contractor meet generally
accepted governmental auditing standards, the State shall rely on those audits and any
additional audn work shall build upon the work already done.
j. The State may, at its option, direct ns own audnors to perform the single audn described in
OMB Circular A-133. The State's auditors shall meet the independence standards specrried in
Govemment Auditing Standards. The audit shall be conducted in accordance with OMS
Circular A-133 so as to satisfy all state and federal requirements for a single organization wide
audit.
24. CONTRACT AMENDMENTS
This contract may be amended by mutual agreement between the parties as stipulated in the body
of this contract. The amendment may be subject to the approval of the Department of General
Services.
25. FEDERAL CLINICAL lABORATORY IMPROVEMENT AMENDMENTS (CLlA) REQUIREMENTS
(Applicable only to contracts/grants in which performance, directly or through a
subcontracVsubaward, includes any tests or examination on materials derived from the human
body.)
By signing this contract Contractor agrees that if any performance under this contract or any
subcontract or subagreement includes any tests or examination on materials derived from the
human body for the purpose of providing information diagnosis, prevention, treatment or
assessment of disease, impairment, or health of a human being, all locations at which such
examinations are performed shall meet the requirements of 42 U.S.C. Section 263a (ClIA) and the
regulations thereunder.
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 detined 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, activny, 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 payor compensate,
such person for expenses incurred, including, without limitation, travel expenses, per
diem, or the like, in connection with volunteer work on behall of contractor.
CMS Q2 (5.'98) Page 17 of 29
1999-272
(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 tts employees, and any other person having a financial interest in this contract that tt is
unlawful under the Public Contract Code 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.
(7) Occasional or one-time reimbursement of a state employee's travel expenses is not
acceptable.
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 Govemment, 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 capactty by any
state agency or department. This prohibttion shall apply for a two-year period beginning
on the date the person left state employment.
(2) Contractor shall not utilize wtthin 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 same general subject area as the
proposed contract wtthin the 12-month period prior to the employee leaving state service.
c. Failure to Comply wtth Subparts a or b
If Contractor violates any provision of subparts a or b above, such action by Contractor shall
render this contract void, unless the violation is technical or nonsubstantive.
27. SINGLE AUDIT ACT OF 1984 (applicable only if Contractor is a governmental enttty)
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 tunds
for this contract on a "Fair Share" basis. The amount chargeable to tederal assistance
programs for the cost of the single audit is calculated based on the ratio of federal
expendttures to total expendttures of the Contractor. The State's share of the single audtt cost
under this contract is based upon the ratio of tederal funds received under this contraClto total
federal funds received by the Contractor each fiscal year.
b. The Contractor shall include a clause in any contract the Contractor enters into wtth 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 audtt for the Contractor.
c. Federal or state auditors shall have "expanded scope audtting" authortty to conduct specific
program audits during the same period in which a single audtt 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 conduCled and will not apply any testing or review procedures
which have not been satisfied by previous audit work that has been completed.
CMS 02 (!.$) Pap 18 of 251
1999-272
Exhibit A(F)
.
The term "expanded scope audijing" is applied and defined in the U.S. General Accounting
Office (GAO) issued Standards for Audit of Government 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. 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, consu~
and negotiate with the Contractor, and accept or reject all or part of the proposal. Acceptance or
rejeClion may be made orally within the 60 day period, and confirmed in wrijing 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 wijh 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.
31. DEBARMENT AND SUSPENSION REQUIREMENTS
Contractor agrees to comply with the debarment and suspension requirements as found in 7 Code
of Federal Regulations, Part 3017, or as amended.
CMS02(~)
Page 1901'29
1999-272
32. ENVIRONMENTAL TOBACCO SMOKE CERTIFICATION
(Applicable to contracts/grants and subcontracts/subawards, that have a start date of
December 26, 1994, or later, and provide heaijh, day care, early childhood development services,
education or library services to children under 18 directly or through local governments.)
Public law 103-227, also known as the Pro-children Act of 1994 (Act). requires that smoking not be
permitted in any portion of any indoor facility owned or leased or contracted for by an entity and
used routinely or regularly for the provision of health, day care, early childhood development
services, education or library services to children under the age of 18, if the services are funded by
federal programs either directly or through state or local governments, by federal grant, contract,
loan, or loan guarantee. The law also applies to children's services that are provided in indoor
faciltlies that are construCled, operated, or maintained with such federal funds. The law does not
apply to children's services provided in private residences; portions of facilities used for inpatient
drug or alcohol treatment; service providers whose sole source of applicable federal funds is
Medicare or Medicaid; or facilities where WIC coupons are redeemed.
Failure to comply with the provisions of the law may resuij in the imposition of a civil monetary
pena~y of up to $1,000 for each violation and/or the imposition of an administrative compliance
order on the responsible entity.
By signing this contract, Contractor or Grantee certifies that il will comply with the requirements of
the Act and will not allow smoking within any portion of any indoor facility used for the provision of
services for children as defined by the Act. The prohibitions herein are effective
December 26, 1994.
Contractor or Grantee further agrees that it will insert this certification into any subawards
(subcontracts or subgrants) entered into on or after December 26, 1994 which provide for children's
services as described in the Act.
33. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or selling agency has been employed or retained to
solicit/secure this contract upon an agreement of understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial
or selling agencies retained 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.
34. FINAL INVOICE-FINAL REPORT-RETENTION OF FUNDS
(Applicable only if a final report is required by the contract)
The State may, at its discretion, withhold 10 percent (10%) of the face amount of the contract,
50 percent (50%) of the final invoice, or $3,000 whichever is greater, until receiving a final report
that is satisfactory to the State.
35. CONTRACTOR PERFORMANCE EVALUATION
The State may, at its discretion, evaluate the performance of the Contractor at the conclusion of the
contract. If performance is evaluated, the evaluation shall not be a public record, but may be placed
on file with the Department of Genera! Services. Negative performance evaluations may be
eMS 02 (51'96)
Page 20 0<< 29
1999-272
Exhibit A(F)
considered by the State prior to making future contract awards. Pertormance evaluations, may
include, but not be limited to the following:
(a) Whether the work or services were completed as specified.
(b) The reasons for and amount of cost overruns, if any.
(c) Whether the work or services met the specified quality standards.
(d) Whether the Contractor fulfilled all contract requirements.
(e) The factors outside the Contractor's control that may have caused pertormance difficulties.
36. OFFICIALS NOT TO BENEFIT
No members 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. This provision shall not be
construed to extend to this contract if made with a corporation for ifs general benefifs.
37. 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 govemment 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 ensure guarantee of a loan.
Indian tribe and tribal organizations have the meaning provided in Section 4 of the Indian Seif-
Determination and Education Assistance Act (25 U.S.C. 450B). 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 pertormance of a government duty, including a local
CMS02(Si96)
Page 21 al29
1999-272
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 postman in the Government under Title 5, U.S.C.,
including a posnion under a temporary appointment;
(2) A member of the uniformed services as defined in Section 101 (3), Title 37, U.S.C.;
(3) A special govemment employee as defined in Section 202, Tnle 18, U.S.C.; 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.C., Appendix 2.
"Person" means an individual, corporation, company, association, authority, firm, partnership,
society, state and local government, regardless of whether such entity is operated for prom 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 employed 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
wnh the Federal Govemment.
"Reasonable payment" means, with respect to professional and other technical services, a
payment in an amount that is consistent with the amount normally paid for such services in the
private sector.
"Recipient" includes the Contractor or Grantee, and all subcontractors or subgrantees at any
tier in connection with a federal contract, grant, or other federally funded activity. The term
excludes an Indian tribe, tribal organization, 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 contraCl, 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 1 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 Commonweaijh of
Puerto Rico, a terrnory or possession of the United States, an agency or instrumentalny of a
state, and a multistate, regional, or interstate entity having governmental duties and powers.
b. Prohibition.
(1) Section 1352 of Title 31, U.S.C., 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
eMS 02 (&96) Page 22 0129
1999-272
ExhibiIA(F)
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:
(a) Agency and legislative liaison by own employees.
[1] The prohibition on the use of appropriated funds, in paragraph b(l), 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 activtties not directly related
to a covered federal action.
[2] For purposes of paragraph b(2)(a)[l], providing any information specijically
requested by an agency or Congress is allowable at any time.
[3] For purposes of paragraph b(2)(a)[l] 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:
[a] 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,
[bl Technical discussions and other activities regarding the application or
adaptation of the person's products or services for an agency's use.
[4] For purposes of paragraph b(2)(a)[1] 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:
[al Providing any information not specifically requested but necessary for an
agency to make an informed decision about initiation of a covered
federal action;
[b] Technical discussions regarding the preparation of an unsolicited
proposal prior to its official submission; and,
[c] 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.
[5J Only those activities expressly authorized by paragraph b(2)(a) are allowable
under paragraph b(2)(a).
(b) Professional and technical services by own employees.
[1] The prohibition on the use of appropriated funds, in paragraph b(l), does not
apply in the case of any reasonable payment of reasonable compensation
made to an officer or employee of a person requesting or receiving a federal
contract or an extension, continuation, renewal, amendment, or modijication
of a federal contract if payment is for professional or technical services
rendered directly in the preparation, submission or negotiation of any bid,
eMS CI2 (S93) Page 23 ~ 29
1999-272
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.
[2] For purposes of paragraph b(2)(b)[l], professional and technical 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 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.
[3] 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.
[4J Only those services expressly authorized by paragraph b(2)(b) are allowable
under paragraph b(2)(b).
(c) 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.
(d) Professional and technical services by other than own employees.
[1] The prohibition on the use of appropriated funds, in paragraph b(l), 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.
[2J For purposes of paragraph b(2)(d)[1]. "professional and technical 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
eMS 02 (&'96) Page 24 of 29
I
1999-272
Exhibit A(F)
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 protessional 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. .
[3] 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.
[4] Persons other than officers or employees of a person requesting or receiving
a covered federal action include consultants and trade associations.
[5] Only those services expressly authorized by paragraph b(2)(d) of this section
are allowable under paragraph b(2)(d).
(e) 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 Federal Regulation 24542 (June 15, 1990))
c. Certilication and disclosure.
(1) Each person (or recipient) who requests or receives a contract, subcontract grant, or
subgrant, which is subject to Section 1352 of the 31, U.S.C., and which exceeds
$100,000 at any tier, shall file a certification (in the form set forth in Attachment 1,
consisting of one page, entitled "Certification Regarding lobbying") that the recipient has
not made, and will not make, any payment prohibited by paragraph b of this Exhibit.
(2) Each recipient shall file a disclosure (in the form set forth in Attachment 2, entitled
"Standard Fonn-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 affeCls the accuracy of
the information contained in any disclosure form previously filed by such person under
eMS 02 (5196) Page 25 of 29
1999-272
Exhibit A(F}
paragraph C(2). An event that materially affects the accuracy of the information reported
includes:
(a) 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
(b) A change in the person(s) or individual(s) intluencing or attempting to intluence a
covered Federal action; or,
(c) 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 certnication, and a disclosure
form, n 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 subjeCl to this Exhibn
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 ExhiM.
e. Penalties.
(1) Any person who makes an expenditure prohibited under paragraph b of this Exhibit shall
be subject to a civil penally of not less than $10,000 and not more than $100,000 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 pena~y of not less than $10,000 and
not more than $100,000 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.
CMS02I"""l ..""",.
r
1999-272
"
Allachment 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 behan 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 mod~ication 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 submtl Standard
Form lll, "Disclosure of Lobbying Activtlies' 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 ail 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. Hie 31, U.S.C., any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
City of San Bernardino Parks, Ree, &
Comm. Sves, Dept, (Gov, Entity) Judith Valles
Name of Contrac:lOf Printtd Name of person Signing for Contractor
Dale
/1 ~i3~~~9
,
Signing for Contractor
99-85904
ConltaCllGlan1Nurrbilr
Mayor, City of San Bernardino
Tille
After execution by or on Behan of Contractor, please return to:
Department of Health Services
(Name of the DHS program providing the funds)
P.O. Box 942732
714 P Street
Sacramento, CA 94234-7320
eMS 02 (5196)
Page 27 of 29
-,
,
.!. "
1999-272
-,
Attllchment 2
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this fom1to disclose Iobbytng acllvltfes pt.nUOnt to 31 U.S.C. 1352
(See reve.... tor plbllc burden dlsclo$u'e)
_"'OM!
030I0<l00l6
1. Type Of Federal Acnon:
2. Slarus of Fecleral Acnon:
3. Report TYPe:
o a. Inlnal filng
b. materlal change
For Materlal Change Only:
o
o
o. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
t. loan lnuance
a. bld/offer/appllcanon
b. Inlnal award
c. post-oward
YOOl_ quarter_
date of last report
5. It Reporting Enftly In No. 4 ~ SUbawardee. Enter Name
and Addess of Prfme:
4. Name and Address of Reporting Ennly:
OF\1me
o Sl.Jbawardee
TIer ,Ifknown:
C essIonol OIstrtct. It known:
6, Federal Department/Agency:
resslonal District If known:
7. Federall'togrcm Ncme/Descnpllon:
CFDA N<.mber. If oppllcable:
9. AwordAmOUlt.lfknown:
8. Federal Acnon Number. If known:
10. a. Name and Address ot I.obbytng Ennly
(If IndM<iJaI.lastname. nut name. MO:
b. Name ald Address of lobbying Ennly
Ot Indvlduol.last name. nrst name. MO:
(attach Continuation ShQet(s) sr-t.ll-A.lt necessary)
11. Amolrt ot Payment (check all that apply): 13. TYPe ot Payment (check alllhat apply):
o a. retainer
o b. one-tfme fee
o c. commission
o d canllngent tee
o e. deferred
o f. other. speCify:
S 0 actual 0 p1amed
12, Form of Payment (check all that apply):
o a. cash
o b. In-lclnd, specify:
Naue
Value
14, Brlet Descripnon of SelvIces Performed or to be Performed and Date(s) of Semce, hcludlng OffIcer(.). Employee(.)
or Member(s) Contacted. for Payment indicated In "ern 11:
(Attach Conl1nuallon 5I1eet(s) SF-Lll-A.lt necessary)
15. ConnN.Jatlon 5I1eet(s) SF-lll-A Attacned: 0 Yes
16. information _.-led IhlOUQh this fetm Is aulhor~ed by Tltle 31.
U.S.C.. Section 1352. INs dlsclooule of Iobbylng oct"'"... Is a
materia' representation of toct upon which reliance was
placed by !he Ile< above _ IHs traruoctlon -..os rrode or
entered Into. this dbcloslI'e Is roqulred pursuant to Title 31.
U.S.C.. Section 1352. Ttis Inforrrotlan wHI be reported to the
Congress semiannually and will be oyollable for public
Inopectlon. Any perton who falb to fie !he requlAld disclosure
shel be S<Jbject to a cM penolly of not less than S 10.COO ord
not more than Sl00LXXl for each such (alure.
:lIfi~lt~:.t.
DNa
_.
At-I Nc:rn.:
-,
fe~No.;
Dote:
eMS tlstl\.tdoncllUrelln No. 14 (I0/~1)
Cl.lSQ2(!W96)
Page 28 01 29
1999-272
,
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INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whe.!her subawardee or prime federaJ recipients 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 empJoyee of a member of
Congress in connection with a covered federal action. Use the SF-LLL-A Continuation Sheet for additionaJ infonnation if the space
on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the
impJementing guidance published by the Office at Management and Budget for additionaf 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 federm 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. Indude Congressional District, if known. Check
the appropriate classification 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 organization 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.
8. 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 applicatioru'proposal control number assigned by the federal agency). Include prefixes, e.g. -RFP.DE-90401."
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 awardlloan 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 reporting entity identified in
Item 4 to influence the covered federal action.
(b) Enter the full names of the Individual(s) performing services and indude full address if different from 10.(a). Enter last
name, first name, and middle initial (MI).
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. Indude all preparatory and related activity, not just time spent in actum contact with
federal officials, identify the federal official(s) or employee(s) contacted or the otticer(s), employee(s), or member(s) of
Congress that were contacted
15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached.
16. The certifying official shall sign and date the form, print hisl11er name, title, and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per
response, including time for reviewing instruction, searching existing data sources, gathering and
maintaining the data needed, and completing and renewing the collection of information. Send
comments regarding the burden estimate or any other aspect of this collection of information, including
suggestions lor reducing this burden to the Office of Management and Budget, Paperwork Reduction
Project (0348-0046), Washington. DC 20503.
eMS 02 (50'96)
Page 29 of 29
1999-272
'...
Contractor Name:City of San Bernardino Parks Recreation & Communitv Services D~pt_
Contract Number: 99-85904
STATE MATCH BUDGET
October 1, 1999 through September 30, 2000
A. PERSONNEL COSTS
B. FRINGE BENEFITS @ approximately _ % of Personnel Costs
TOTAL PERSONNEL EXPENSES
C. OPERATING EXPENSES
D. EQUIPMENT EXPENSES
E. TRAVEL AND PER DIEM
F. SUBCONTRACTS
G. OTHER COSTS
SUBTOTAL OF DIRECT COSTS
H. INDIRECT COSTS @ approximately _% of Total Personnel Expenses
TOTAL EXPENSES
EXHIBIT B
TOTAL
$15.926
1(2
$15.926
.$22.8.
1(2
$1. 000
$9.910
$3. 000
$30.464
1(2
$30.464
1999-272
..
\, Contractor Name: Citv of San Bernardino Parks. Recreation & Communitv Services Dent.
Contract Number: 99-85904
EXHIBIT C
IN-KIND BUDGET
October 1, 1999 through September 30, 2000
A. PERSONNEL COSTS
B. FRINGE BENEFITS @ approximately l.!!Ji of Personnel Costs
TOTAL PERSONNEL EXPENSES
C. OPERATING EXPENSES
D. EQUIPMENT EXPENSES
E. TRAVEL AND PER DIEM
F. SUBCONTRACTS
G. OTHER COSTS
SUBTOTAL OF DIRECT COSTS
H. INDIRECT COSTS @ approximately JL%....ofTotal Personnel Expenses
TOTAL EXPENSES
TOTAL
$31.025
$3:103
$34.128
.Q
.Q
.Q
.Q
$26.800
$60.928
.Q
$60 928
State of California - Health and Welfare Agency
Oe~,'rtmenl of Health Services
Exhibit D
CONTRACTOR'S RELEASE
Instructions to Contractor:
Submit this for each contract valued at $1,000 or more. With final invoice(s) submit one (1) original and two (2) copies. The
original must bear the original signature of a person authorized to bind the Contractor. The additional copies may bear
photocopied, signatures.
Submission of Final Invoice
Pursuant to contract number entered into between the State of California Department of Health Services
and the Contractor (identified below), the Contractor does hereby acknowledge that finai payment has been requested via invoice
number(s) , in the amount(s) of $ and dated
If necessary, enter "See Attached" in the appropriate blocks and attach a list of invoice numbers. dollar amounts and invoice dates.
Release of all Obligations
By signing this form, Contractor does hereby release and discharge the State, its officers, agents and empioyees of and from any
and all liabilities, obligations. claims, and demands whatsoever arising from the above referenced contract. Contractor does further
release and discharge the State its officers. agents and employees of and from any and all liabilities, obligations, claims. and
demands whatsoever arising from any and all subcontractors and assignees authorized pursuant to said contract.
Repayments Due to Audit Exceptions I Record Retention
By signing this form, Contractor acknowledges that expenses authorized for reimbursement does not guarantee final allowability of
said expenses. Contractor agrees that the amount of any sustained audit exceptions resulting from and subsequent audit made
after final payment, will be refunded to the State.
All expense and accounting records related to the above referenced contract must be maintained for audit purposes for no less
than three years beyond the date of final payment. uniess a longer term is stated in said contract.
Recycled Product Use Certification
By signing this form. Contractor certifies under penalty of pe~ury thai [Enter "percentage value" or "zero"] percent of
the materials. goods, supplies or products offered or used in the performance of the above referenced contract meets or exceeds
the minimum percentage of recycled materiai. as defined in Public Contract Code Sections 12161 and 12200.
Reminder to Return State Equipment/Property (If Applicable)
(Applies only if equipment was provided by DHS or purchased with or reimbursed by contract funds)
Uniess DHS has approved the continued use and possession of State equipment.(as defined in the above referenced contract) for
use in connection with another DHS agreement, Contractor agrees to promptly initiate arrangements to account for and return said
equipment to DHS, at DHS's expense. if said equipment has not passed its useful life expectancy as defined in the above
referenced contract.
Patents I Other Issues
By signing this form, Contractor further agrees. in connection with patent matters and with any claims that are not specifically
released as set forth above, that it will comply with all of the provisions contained in the above referenced contract, including. but
not limited to. those provisions relating to notification to the State and related to the defense or prosecution of litigation.
Contractor's legal Name (As on contract):
Signature of Contractor or Official Designee:
Date:
Printed NamefTitie of Person Signing:
DHS Distribution: Accounting (Original)
Program
eMU contract file
OHS 2352 (8198)
1999-272
~ D€o!Iartment of Health Services
.
Exhibit E
Travel Reimbursement Information
Effective January 2,1988
1. The following rate policy is to be applied for reimbursing the travel expenses of persons under contract.
a. Reimbursement shall be at the rates established for nonrepresented/excluded state employees.
b. Short Term Travel is defined as a 24-hour period, and less than 31 consecutive days, and is at least 50 miles
from the main office, headquarters or primary residence. Starting time is whenever contract leaves his or her
home or headquarters. "Headquarters" is defined as the place where contracted personnel spend the largest
portion of their working time and return to upon the completion of special assignments.
c. Contractors on travel status for more than one 24-hour period and less than 31 consecutive days may claim a
fractional part of a period of more than 24 hours. Consult the chart appearing on page 2 of this bulletin to
determine the reimbursement allowance. All lodging must be receipted. If contractor does not present receipts,
lodging will not be reimbursed.
(1) lodging: Statewide Rate (with receipts): Actual cost up to $79.00 plus tax.
Reimbursement for actual lodging expenses exceeding the above amounts may be allowed with the advance
written approval of the Deputy Director of the Department of Health Service or his or her designee. Receipts
are required.
(2) Meal/Supplemental Expenses (with or without receipts): With receipts, the contractor will be reimbursed
actual amounts spent up to the maximum.
Breakfast
lunch
$6.00
$10.00
Dinner
Incidentals
$18.00
$6.00
d. Out-of-state travel may only be reimbursed if such travel has been stipulated in the contract and has been
approved in advance by the program with which the contract is held. For out-or-state travel, contractors may be
reimbursed actual lodging expenses, supported by a receipt, and may be reimbursed for meals and supplemental
expenses for each 24-hour period computed at the rates listed in c. (2) above. For all out-of-state travel,
contractors must have prior Departmental approval and a budgeted trip authority.
e. In computing allowances for continuous periods of travel of less than 24 hours, consult the chart appearing on
page 2 of this bulletin.
f. No meal or lodging expenses will be reimbursed for any period of travel that occurs within normal working hours,
unless expenses are incurred at least 50 miles from headquarters.
2. If any of the reimbursement rates stated herein are changed by the Department of Personnel Administration, no
formal contract amendment will be required to incorporate the new rates. However, DHS shall inform the contractor,
in writing, of the revised travel reimbursement rates.
3. For transportation expenses, the contractor must retain receipts for parking; taxi, airline, bus, or rail tickets; car rental;
or any other travel receipts pertaining to each trip for attachment to an invoice as substantiation for reimbursement.
Reimbursement may be requested for commercial carrier fares; private car mileage; parking fees; bridge tolls; taxi,
bus, or streetcar fares; and auto rental fees when substantiated by a receipt.
4. Note on use of autos: If a contractor uses his or her car for transportation, the rate of pay will be 31 cents maximum
per mile. If the contractor is a person with a disability who must operate a motor vehicle on official state business and
who can operate only specially equipped or modified vehicles may claim a rate of 31 cents per mile without
certification and up to 37 cents per mile with certification. If a contractor uses his or her car "in lieu of' air fair, the air
coach fair will be the maximum paid by the State. The contractor must provide a cost comparison upon request by
the state. Gasoline and routine automobile repair expenses are not reimbursable.
Page 1 of 2
CMU 01 (5/98)
"
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1999-272
Exhibit E (Continued)
5. The contractor is required to furnish details surrounding each period of travel. Travel detail may include, but not be
limited to: purpose of travel, departure and return times, destination points, miles driven, mode of transportation, etc.
6. Contractors are to consult with the program with which the contract is held to obtain specific invoicing procedures.
IF lENGTH OF TRAVEL IS
less than 24 hours
less than 24 hours
less than 24 hours
24 Hours
last fractional part of more
than 24 hours
last fractional part of more
than 24 hours.
last fractional part of more
than 24 hours.
CMU 01 (5/98)
TRAVEL REIMBURSEMENT GUIDE
IF THIS CONDITION EXISTS
CONTRACTOR MAY CLAIM
Breakfast
Example: A contractor may claim breakfast if, during a period of travel, he or she
begins their travel at 6:00 a.m. or earlier and are still traveling at 9:00 a.m.
Travel period ends at least one our after the Dinner
regularly scheduled work day ends.
Start travel prior to or at 5:00 p.m. and remain
traveling after 7:00 p.m.
A contractor is on travel status for a full 24 Breakfast, lunch, and dinner
hour period (determined begin and end times).
Return at or after 8:00 a.m. Breakfast
Example: If a contractor returns the last day of a trip of more than 24 hours at or
after 8:00 a.m., a breakfast allowance may be claimed.
Return at or after 2:00 p.m.
lunch
Example: If a contractor returns the last day of a trip of more than 24 hours at or
after 2:00 p.m., a lunch allowance may be claimed.
Return at or after 7:00 p.m.
Dinner
Example: If a contractor returns the last day of a trip of more than 24 hours at or
after 7:00 p.m., a dinner allowance may be claimed.
I
Page 2 of2
.
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1999-272
.'
State of California . Health and Welfare Agency
Department of Health Services
EXHIBIT F
CONTRACT UNIFORMITY
Pursuant to the provisions of Article 7 (commencing with Section 100525) of Chapter 3 of Part 1 of Division 101 of the
Health and Safety Code, the Department of Health Services sets forth the following policies, procedures, and
guidelines regarding fringe benefits.
1. As used in this agreement with reference to State and/or federal funds, frtnge 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 do 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,
annual leave, vacation, sick leave. holidays, jury duty, and/or military leave/training.
b. Director's and executive committee member's fees
c. incentive awards and/or bonus incentive pay
d. Allowance for off-site pay
e. Location allowances
f. Hardship pay
g. Cost-of-Iiving differentials
3. Specific allowable fringe benefits include:
a. Fringe benefits in the form of employer contrtbutions for the employer's portion of payroll taxes (i.e., FICA.
SUI, SOl), employee health pians (i.e.. health, dental, and vision). unemployment insurance, workers
compensation insurance and the 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. the cost must meet the following crtterta:
a. Be necessary and reasonable for the performance of the contract.
b. Be determined in accordance with generally accepted accounting prtnciples.
c. Be consistent with policies that apply uniformly to all activities of the Contractor.
5. It is agreed by both parties that any and all frinqe benefits shall be at actual cost.
6. Earned/accrued Compensation.
a. Compensation for vacation. sick leave, and holidays is limited to that amount earned/accrued within the
contract term. Unused vacation, sick leave, and holidays earned from periods prtor to the contract period
cannot be claimed as allowable costs (See example on page 2).
b. For multiple year contracts. vacation and sick leave compensation, which is earned/accrued but not paid, due
to employee(s) not taking time off may be carrted over and claimed within the overall term of the multiple
years of the contract. Holidays cannot be carried over from one contract year to the next. (See example on
page 2).
c. For single year contracts. vacation, sick leave, and holiday compensation which is earned/accrued but not
paid, due to employee(s) not taking time off within the contract term. cannot be claimed as an allowable cost
(See example on page 2).
Page 1 of2
eMU 11 (9/98)
1999-272
. .. '> .. State of California . Health and Welfare Agency
~ Department of Health Service.
.
exhibit F (continued)
Contract Uniformity
Earned/Accrued Compensation Examples
Example No.1:
If an employee, John Doe, earns/accrues three weeks of vacation and twelve days of sick leave each year,
then that is the maximum amount that may be claimed during a contract period of one year. If John Doe has
five weeks of vacation and eighteen days of sick leave at the beginning of the State contract term. the
Contractor during a one-year contract term may only claim up to three weeks of vacation and twelve days of
sick leave actually used by the employee. Amounts earned/accrued in periods prior to the beginning of the
contract are not an allowable cost.
Example No.2:
If during a three-year (multiple year) contract John Doe does not use his three weeks of vacation in year one,
or his three weeks in year two. but he does actually use nine weeks in year three; the Contractor would be
allowed to claim all nine weeks paid for in year three. The total compensation over the three-year period
cannot exceed 166 weeks (3 x 52 weeks).
Example NO.3:
If during a single year contract, John Doe, works fifty weeks and uses one week of vacation and one week of
sick leave and all fifty-two of these weeks have been billed to the State, the remaining unused two weeks of
vacation and seven days of sick leave may not be claimed as an allowable cost.
Page 2 of 2
eMU 11 (9/98)