HomeMy WebLinkAbout1997-177
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RESOLUTION NO.
97-177
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO
EXECUTE A CONTRACT BETWEEN SAN BERNARDINO COUNTY AND THE CITY OF
SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT
TO PROVIDE YOUTH MENTORING SERVICES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Director of Parks, Recreation and Community
Services Department is hereby authorized and directed to execute on
behalf of said City, a Contract with the San Bernardino County
relating to the provision of youth mentoring services as part of a
Community Challenge grant, a copy of which is attached hereto,
marked Exhibit "A" and incorporated herein by reference as fully as
though set forth at length.
SECTION 2.
The authorization to execute the above
referenced agreement is rescinded if the parties to the agreement
fail to execute it within sixty (60) days of the passage of this
resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
joint regular
meeting
thereof,
held on the
Bernardino at a
June
16th
, 1997, by the following vote to
day of
wit:
//
//
//
//
//
6/3/97
-1-
97-177.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR
OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE
1 A CONTRACT BETWEEN SAN BERNARDINO COUNTY AND THE CITY OF SAN
BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO
2 PROVIDE YOUTH MENTORING SERVICES.
3
12
13
14
15
16
e.~~
Rae el Clar:c, City Clerk
The foregoing resolution is hereby approved this -LJf/~____
June
day of
, 1997.
;;:;~/Uu~
Tom Minor, Mayor
City of San Bernardino
97-177
i " '1/J THE BOARD OF SUPERVISORS
/'l / I f OF SAN BERNARDINO COUNTY. CALIFORNIA
I
June 24, 1997
FROM: THOMAS J. PRENDERGAST, M.D.
DIRECTOR OF PUBLIC HEALTH
SUBJECT: AGREEMENT FOR TEEN PREGNANCY EDUCATION AND PREVENTION
SERVICES
RECOMMENDATION:
fOllowing agencies:
Approve agreements for teen pregnancy project services with the
Agency
Amount
Agreement No.
YWCA of Greater San Bernardino
City of San Bernardino, Department of Parks,
Recreation and Community Services
Provisional Educational Services, Inc.
$60,375
84,000
97-482
97-483
76,000
97-484
BACKGROUND INFORMATION: The Department of Public Health has been awarded a State
Department of Health Services Community Challenge Grant in the amount of $622,000 for the
period February 1,1997, through June 30,1999. On June 3,1997, the Board accepted the grant
award which funds the Families Organized for Community Unification and Success (FOCUS)
Project. The project provides counseling career development, educational tutoring, recreational
activities and other support services as part of an effort to prevent teen pregnancies. The grant
includes subcontracts with various community agencies to deliver services to youth residing in
the City of San Bernardino.
REASONS FOR RECOMMENDATION: Approval of these agreements will permit grant-funded
services to be delivered by community agencies.
REVIEW BY OTHERS: These agreements have been reviewed by County Counsel and Risk
Management.
FINANCIAL IMPACT: Approval of these agreements imposes no additional cost on the County.
Expenditures are reimbursed by the State grant-in-aid. Appropriate expenditures and revenues
are included in the Department of Public Health's approved FY 1996-97 and proposed FY 1997-
98 budget.
PRESENTER: Thomas J. Prendergast, M.D., Director of Public Health
cc:
Public Health-Michael Welsh
w/agreement
Agency w/agreement
c/o Public Health
Auditor w/agreement
Contract Compliance w/agree.
Risk Management
CAO-Gomez
File w/agreement
Action of the Board of Supervisors
mil
MOTION
AYE ~
4 5
,
BY
f.Y/~/ If \lfI"
ITEM 026
97-177
,
.r;jl-
\~..""""-
\ <'... .-
I E I I New Vendor Code I I Dept. I Contract Number
M Change SC A 77-C(f3
X Cancel
County Department Dept. Orgn. Contractor's License No.
Public Health PHL
County Department Contract RepresentCltive Ph. Ex!. Amount of Contract
Michael S. Welsh 387-6222 $ 84,000.00
Fund I Dept. 1 Organization. I Appr. I Obj/Rev Source Activity [GRC/PROJ/JOB Number
AAA PHL 3305 200' 2445 93470
Commodity Code Estimated Payment Total by Fiscal Year
FY Amount 110 FY Amount liD
Project Name 96/97 12,668
97/98 35,666 - - -
FOCUS PROJECT
98199 35,666 - - -
- - - -
FOR COUNTY USE ONL Y
County of San Bernardino
FAS
STANDARD CONTRACT
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter cailed
the County, and
Name
City of San Bernardino
Address
hereinafter cailed City
300 North "D" Street
San Bernardino, CA 92418
Phone Birth Date
Federal 10 No. or Social Security No
IT IS HEREBY AGREED AS FOllOWS:
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion,
determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.)
This agreement is made and entered into by City of San Bernardino, a political subdivision of the
State of California, hereinafter referred to as City, and the County of San Bernardino, a political
subdivision of the State of California, hereinafter referred to as County. The San Bernardino County
Department of Public Health will hereinafter be referred to as Department.
Whereas, the County has been awarded grant funds from the State Office of Community Challenge
Grant, (hereinafter referred to as "Challenge Grant");
Whereas, the above named parties desire to set forth in writing the specific terms mutually agreed
to regarding the provision of services to at-risk youth residing in the City of San Bernardino;
Now, therefore, it is mutually agreed and covenanted that:
I. City, through the Department of Parks and Recreation, will provide services as set forth in
the Scope of Work which is incorporated hereto as Attachment A, consisting of three (3)
pages, in accordance with the terms and conditions contained in this agreement.
2. All work done as part of this agreement, either by City or its agents, will comply fully with
all the administrative and other requirements established by applicable Federal and State
laws, rules arid regulations. City assumes responsibility for full compliance with all such
laws, rules, and regulations and agrees to fully reimburse the County for any loss of funds
02-12311-000 Rev. 11191
Page 1 of 5
97-177
or resources resulting from non-compliance by City, its staff, agents or subcontractors, as
revealed in any subsequent audits.
3. City, its officers, agents, employees, and'subcontractors shall possess and maintain all
necessary licenses, permits, approvals, certificates, waivers, and exemptions necessary for
the provision of services described herein.
4. City will comply with Federal and State laws, rules and regulations relative to
nondiscrimination in client and client service practices because of political affiliation,
religion, race, color, sex, handicap, age, or national origin.
5. City shall formalize in a contract (written agreement) any arrangement for the conduct of
activities pursuant to this agreement which are to be subcontracted to a third party. The
contract shall, as applicable, state the activities to be performed, the time schedule, the grant
policies and procedures that are applicable to the third party, other policies and procedures
to be followed, and the maximum amount of money for which City may become liable to the
third party under the agreement. City will be responsible for ensuring that each of its
subcontractors comply with all applicable Federal and State laws, rules and regulations, and
with all terms and conditions of this agreement, including maintenance of expenditure
documentation, collection of data as required, and timely filing of fiscal and programmatic
reports.
6. City will submit progress reports on a quarterly basis. The content of these reports will be
a) progress accomplished with regard to Scope of Work, b) data on client services during the
three month reporting period, c) other information as required to meet the Challenge Grant
program requirements. Report format will be specified by the Department not less than 21
calendar days prior to the report due date. The County reserves the right to revise report
format or require additional reports as required during the contract period to meet Challenge
Grant program needs.
7. City will be subject to periodic audit by the Department to determine whether internal
accounting and other control systems provide reasonable assurance that a) financial
operations are properly conducted; b) financial reports are presented fairly and accurately;
c) applicable laws, regulations, and grant terms have been complied with; d) resources are
managed and used in an economical and efficient manner; and e) objectives are being
achieved in an effective manner. Any or all of these elements may be reviewed at the
discretion of the Department.
8. City will maintain documentation for each expenditure claimed for reimbursement by the
County under this agreement. If the allowability of expenditures cannot be determined
because records or documentation are nonexistent or inadequate, according to generally
accepted accounting principles, the questionable cost will be disallowed by the County.
9. City will comply with the audit requirements of the "Standards for Audit of Governmental
Organizations, Programs, Activities and Functions," issued by the U.S. Comptroller General.
Page
2
of
5
-
97-177
Within fourteen (14) days of receipt of the audit report, City shall forward a copy of the
audit report to the Department.
10. Contractor agrees to maintain and preserv€, until ,three years after termination of Contract
Number 96-26801 and final payment from the State, and to permit the State, the County, or
any duly authorized representative to have access to, examine or audit any pertinent books,
documents, papers and records related to the contract. If any litigation, claim, or audit is
started before the expiration of the three year period, the records shall be retained until all
litigation, claims, or audit findings involving the records have been resolved.
II. The County agrees to reimburse City a maximum of$84,000 for services provided pursuant
to this agreement by City and its subcontractors from Challenge Grant Number 96-26801.
Expenditures submitted by City for reimbursement must be consistent with the budget,
consisting of four (4) pages, incorporated herein as Attachment B. Requests for carryover
of funds from any budget period to a subsequent budget period must be submitted in writing,
and are subject to approval by the County. Reimbursement will be rendered in accordance
with invoices submitted to the Department on a monthly basis. Invoices will be submitted
in the format incorporated herein as Attachment C.
12. City shall request a budget amendment in writing in advance of expenditures when a) a
change in the personnel line item will affect the Scope of Work, b) expenditures are
expected to exceed a budgeted line item by more than ten percent (10%), c) a new line item
is to be added, or d) expenditures are expected to exceed the budgeted amount for an object
class category (e.g. personnel). The request must specify the changes requested by service
category, line item, and amount, and must include a justification. The Department shall
approve or deny budget change requests in writing within thirty (30) calendar days of
receipt.
13. The term of this agreement is from February I, 1997 through June 30, 1999. This agreement
may be terminated without cause by either party upon thirty (30) days advance written notice
to the other party. Such notification shall state the effective date of termination. The
obligation of County under this agreement is contingent upon the availability of Challenge
Grant Number 96-26801 for the reimbursement of County's expenditures, as set forth in term
one, above. In the event the State of California notifies County that such funding is
terminated or reduced, the County shall determine whether this Agreement will be terminated
or County's maximum obligation reduced. County shall provide City with written
notification of such determination.
14. The Director of Public Health shall exercise full County rights under the terms of this
contract.
15. The agreement shall not be assigned by City, either in whole or in part, without prior written
consent of the County.
16. This agreement, together with all Attachments hereto, is the full and complete agreement
between the County and City. No alteration or variation of the terms of this Agreement shall
Page
3 of 5
- -
97-177
be valid unless made in writing and signed by the parties hereto, and no oral understanding
or agreement not incorporated herein, shall be binding on any of the parties thereto.
17. City and City's employees shall have no int~rest, and shall not acquire any interest, direct or
indirect, which shall conflict in any manner or degree with the performance of services
required under this agreement. City shall establish written policy guidelines on conflict of
interest and the avoidance thereof, to assure that employees, consultants, and members of
the governing body do not use their positions for purposes that are, or give the appearance
of being, motivated by a desire for private financial gain for themselves or others such as
those whom they have family, business, or other ties. These guidelines should reflect federal
grant policy and State and local laws, and must cover financial interests, gifts, gratuities and
favors, nepotism, and bribery.
18. The parties hereto recognize that each is a separate and independent entity, and neither is the
agent, employee, or servant of the other. It is expressly understood that neither party nor any
of its respective employees shall be in any event entitled to any benefit accruing to the other
party .
19. The parties hereto agree that Challenge Grant related activities and expenditure of Challenge
Grant funds shall comply with all requirements of Chapter 197, Statutes of 1996, Sections
18993 - 18993.9 of the Welfare and Institutions Code, and all terms and conditions of the
Community Challenge Grant award, as specified in Attachment D.
20. The City agrees to indemnify, defend, and hold harmless the Department, the County, and
their authorized agents, officers, volunteers and employees against any and all claims or
actions arising from the City's negligent acts or omissions and for any costs or expenses
incurred by the Department, County, or City on account of any claim therefore.
21. The County agrees to indemnify, defend, and hold harmless the City and their authorized
agents, officers, volunteers and employees against any and all claims or actions arising from
County's negligent acts or omissions and for any costs or expenses incurred by the
Department, County, or City on account of any claim therefore.
22. City shall protect the right of privacy of persons receiving services pursuant to this
agreement and shall protect from unauthorized disclosure names and other identifying
information concerning persons receiving services, except for statistical information that
does not identify an individual client.
23. Contractor shall obtain prior approval from the Department before making any statements
or releasing any information to the newspapers, radio, or television stations in relation to
services provided under this agreement. This includes news conferences panel shows,
interview programs, public service announcements, and paid advertisements. Draft copies
of proposed public service announcements and paid advertisements will be submitted to the
Department for review. The Department reserves the right to approve or disapprove any
publicity.
Page ~ of 5
97-177
24. When issuing statements, press releases, educational or promotional materials, or other
documents describing projects or programs funded in whole or in part with Challenge Grant
money, City shall clearly state a) the percen':age of,total cost of the project or program which
will be funded with Challenge Grant money, b) the dollar amount of State funds for the
project or program, and c) percentage and dollar amount of the total cost of the project or
program that will be financed by nongovernmental sources.
25. All correspondence and notices required or contemplated by this agreement shall be
delivered to the respective parties at the addresses set forth below and are deemed submitted
one day after their deposit in the United States mail, postage prepaid.
County
Thomas J. Prendergast, Jr., MD, MPH
Department of Public Health
351 North Mountain View Ave.
San Bernardino, CA 92415-0010
City
Annie F. Ramos, Director
Parks, Recreation, and Community Services
Department
300 North D Street
San Bernardino, CA 92418
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
indicated below.
~
Chair
JUN 2 4 1997
By ~
(State if corporation, company. etc.)
~d:fi .
~.".'"~
~ ;0f77
!JI!P ;V. 0 <iJ1
~~
SIGNED AND
Dated
OF THE BOARD.
Title
e County of San
~
Address
Reviewed as to Affirmative Action
Reviewed for Processing
~
~
Agency Administrator/CAD
Date
Date
02.1231'.000 Rill. 11/91
Page 5 of ----.2.._
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97-177 Atta"Chment B
FOCUS PROJECT
AGGREGATE BUDGET
Contract Period February 1, 1997 through June 30, 1999
Parks, Recreation, & Community Services Department
2-1-97 thru 7-1-97 thru 7-1-98 thru Total Contract
6-30-97 6-30-98 6-30-99 Period
Personnel
1. Mentor Coordinator 6,153 14,502 14,502 35,157
2. Coordinator Assistant 8,320 8,320 16,640
3.
4.
5.
Total Personnel 6,153 22,822 22,822 51,797
Fringe Benefits 1,090 3,994 3,994 9,078
Operating Expenses
1. Office Supplies 250 600 600 1,450
2. Postage 250 600 600 1,450
3. Telephone 500 1,200 1,200 2,900
4. Copy Services 250 600 600 1,450
Total Operating Expenses 1,250 3,000 3,000 7,250
Travel and Per Diem 375 900 900 2,175
Subcontracts
1.
2.
3.
Total Subcontracts 0 0 0 0
Other Costs
1. Dept. of Justice 350 1,575 1,575 3,500
2. Incidentals 750 3,375 3,375 7,500
3. Equipment 2,700 0 0 2,700
Total Other Costs 3,800 4,950 4,950 13,700
Indirect
TOTAL BUDGET 12,668 35,666 35.666 84.000
MATCH
6,345
13,920
23,457
43,722
97-177
FOCUS PROJECT
BUDGET
Agency Name:
Budget Period:
Parks. Recreation. & Communitv Services Denartment
Februarv 1. 1997 - June 30. 1997
Annual Salary FTE
Personnel
1. Mentor Coordinator $ 6,153.00
2. $
3. $
4. $
5. $
Total Personnel
Fringe Benefits ( %)
Operating Expenses
I. Office Supplies $ 250.00
2. Postage $ 250.00
3. Telephone $ 500.00
4. Copy Services $ 250.00
Total Operating Expenses
Travel and Per Diem
Subcontracts
1.
2.
3.
Total Contractual
$
$
$
Other Costs
1. Oep!. Of Justice
2. Incidents
3. Equipment
Total Other
$
$
$
350.00
750.00
2,700.00
Indirect
TOTAL BUDGET
MATCH
Total
$
$
$
$
$
$
6,153.00
6,153.00
$
1,090.00
$
$
1,250.00
$
375.00
$
$
3,800.00
$
$
1) hhR 00
$
6,345.00
97-177
FOCUS PROJECT
BUDGET
Agency Name: Parks. Recreation. & Communitv Services Deoartment
Budget Period: Julv I. 1997 - June 30.1997
Annual Salary FTE Total
Personnel
1. Mentor Coordinator $ 14,502.00 $ 14,502.00
2. Coordinator Assistant $ 8,320.00 $ 8,320.00
3. $ $
4. $ $
5. $ $
Total Personnel $ 22,822.00
Fringe Benefits ( %) $ 3,994.00
Operating Expenses $
1. Office Supplies $ 600.00
2. Postage $ 600.00
3. Telephone $ 1,200.00
4. Copy Services $ 600.00
Total Operating Expenses $ 3,000.00
Travel and Per Diem $ 900.00
Subcontracts
1. $
2. $
3. $
Total Contractual $
Other Costs
1. Dept. Of Justice $ 1,575.00
2. Incidents $ 3,375.00
3. Equipment $ 0
Total Other $ 4,950.00
Indirect $
TOTAL BUDGET $ 35,666.00
MATCH
$
13,920.00
97-177
FOCUS PROJECT
BUDGET
Agency Name:
Budget Period:
Parks. Recreation. & Community Services Deoartment
Julv 1. 1998-June30. 1999
Annual Salary FTE Total
Personnel
1. Mentor Coordinator $ 14,502.00 $ 14,502.00
2. Coordinator Assistant $ 8,320.00 $ 8,320.00
3. $ $
4. $ $
5. $ $
Total Personnel $ 22,822.00
Fringe Benefits ( %) $ 3,994.00
Operating Expenses $
I. Office Supplies $ 600.00
2. Postage $ 600.00
3. Telephone $ 1,200.00
4. Copy Services $ 600.00
Total Operating Expenses $ 3,000.00
Travel and Per Diem $ 900.00
Subcontracts
1. $
2. $
3. $
Total Contractual $
Other Costs
1. Dept. Of Justice $ 1,575.00
2. Incidents $ 3,375.00
3. Equipment $ 0
Total Other $ 4,950.00
Indirect $
TOTAL BUDGET $ 35,666.00
MATCH
$
23,457.00
97-177 Attachment C
FOCUS PROJECT
INVOICE - YEAR 1
Agency Name: Parks. Recreation. and Community Services
Invoice Period:
Total Expended This Expended Year
Budget Period To Date
Personnel
1. Mentor Coordinator $ 6,153 $ $
2. Coordinator Assistant $ 0 $ $
3. $ $ $
4. $ $ $
5. $ $ $
Total Personnel $ 6,153 $ $
Fringe Benefits $ 1,090 $ $
Operating Expenses
1. Office Supplies $ 250 $ $
2. Postage $ 250 $ $
3. Telephone $ 500 $ $
4. Copy Services $ 250
Total Operating Expense $ 1,250 $ $
Travel and Per Diem $ 375 $ $
Subcontracts
1. $ $ $
2. $ $ $
3. $ $ $
Total Contractual $ $ $
Other Costs
1. Dept. Of Justice $ 350 $ $
2. Incidentals $ 750 $ $
3. Equipment $ 2,700 $ $
Total Other Costs $ 3,800 $ $
Indirect $ 0 $ $
TOTAL INVOICE $ 12,668 $ $
MATCH $ 6,345 $ $
Signature of Agency Officer
Date
. 97-177
Attachment D
STATE OF CALIFORNIA
DEPARTMENT OF HEALTH SERVICES
ADDITIONAL PROVISIC,NS
(FOR STATE FUNDED SUBVENTION AID/LOCAL ASSISTANCE
COST REIMBURSEMENT CONTRACTS/GRANTS)
1. TRAVEL AND PER DIEM
Any reimbursement for I)ecessary 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 unless prior written authorization is obtained from
the State.
2. PURCHASING/PROCUREMENT RULES
a. Units of local government and public entities (including the Universities of California
and California State University and auxiliary organizations/foundations thereOf) and
state and federal agencies, whether acting as a contractor andlor subcontractor, may use
their existing procurement systems to secure aI/ 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) may use
their existing procurement systems to secure articles, supplies, equipment (e.g."
non expendable 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 ot this contract. Equipment
procurement shall not exceed an annual maximum limit of $50,000, subject to the
provisions stipulated in paragraphs c through I of this section. The provisions in
paragraph a of this section may also apply, if purchases are subdelegated to subcontractors
rhat are units of focal government. public entities, state or federal agencies.
c. All other entities (nonprofit organizations, for-profit entitles, or private vendors), whether
acting as a contractor or subcontractor, shall use procurement systems that meet the
following standards:
(1) Maintain a code or standard ot conduct that shall govern the performance of its officers,
employees, or agents engaged in awarding procurement contracts. No employee,
officer, or agent shall participate in the selection, award, or administration of a
procurement contract in which, to his or her knowledge, he or she has a financial
interest.
:2: Procurements shall be conducted in a manner that provides. to the maximum extent
practIcal, open, and tree competition.
cws as 1$Wl
97-177
,
(3) Procurements shall be conducted in a manner that provides for all of the following:
(a) Avoidance of the purchasing of unnecessary or duplicate items.
(b) Solicitations for capital expenditures (equipment) shall be based upon a clear and
accurate description of the technical reljuirements 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 i1rrangements, through the appropriate Department .Jf Health ~ervices (DHS) program
contract manager, to /:lave all remaining equipment purchased through the DHS Purchasing
Unit by way of the Department of General Services, C 1 of Procurement. The cost of
equipment purchased by or through the State shall be ~ 'ed from the funds available In
this contract. Contractor shall submit to the DHS Purcnasing Unit a list of equipment
specifications for those items that the State must purchase. The State may pay the vendor
directly for such arranged equipment purchases and title to the equipment will remain with 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 DHS program contract manager will be required before the
Contractor will be reimbursed for any purchase of $5,000 or more for articles, supplies,
equipment, and services related to such purchases. The Contractor must provide in its
request for authorization all partiCUlars necessary, as specified by the State. for evaluating the
necessity 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 uniform
applicability to the general public.
I. 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 thaI the State
determines to be unnecessary in carrying out pertormance 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 ot the Contractor and/or Subcontractor at any time.
h. For all purchases, the Contractor and/or Subcontractor must maintain copies ot all paid vendor
receipts. documents. bids. and other information used in vendor selection. tor 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 Slate.
i. The Slate may. with cause (e.g., with reasonable suspicion ot unnecessary purchases or use
ot inappropriate purchase practices. etc.). withhold, cancel. modify, or retract the delegated
purChase authority granted under paragrap~s a and/or b of this section, by. giving the
Contractor no less than 30 calendar days written notice.
3. OWNERSHIPIOISPOSITIONIlNVENTORY OF EQUIPMENT PURCHASED/REIMBURSED WITH
CONTRACT FUNDS OR FURNISHED BY THE STATE
a ';;1 :'.Juloment cr any KIFlC. as aefinec In section 3. paragraoh a. purcnasedirelmourSed with
COntra:: ;unc~ 0' turnlsne: ov tn" State uncer tne terms 0: lms centra:: and not fully
:US05I~16: ".2_t4
97-177
consumed in performance of this contract shall be considered state equipment and property of
the State.
b. TItle to state equipment shall not be affected by its incorporation or attachment to any property
not owned by the State. .
c. Unless otherwise stipulated, the State shall not be under obligation to pay the cost of
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 maintain and admilJister, 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 with contract funds or
fumished by the State under the terms of this contract, shall only be used for performance of
this contract.
f. The 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 Stale and shall al that time query the Slate as to
the requirements, including the manner and method, of returning stale equipment to DHS.
Final disposition of equipment shall be at state expense and according to state instructions.
Property disposition instructions shall be issued by the State immediately after receipt of the
final equipment inventory.
h. Motor Vehicles
(1) II motor vehicles are purchased/reimbursed with 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 title to the Slate.
(2) If motor vehicles are purchased/reimbursed with contract funds or fumished 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 and/or Subcontract
may use said vehicles for performance and under the terms of this contract.
(3) The Contractor and/or Subcontractor agree that all operators of motor vehicles,
purchased/reimbursed with contract funds or furnished by the State under the terms of
this contract, shall hold a valid State of Califomia driver's license. In the event that 10 or
I'1Ore passengers are to be transported in anyone vehicle, the operator shall also hold a
State of Califomia 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 certify that. at a minimum. the following type and
amount of automobile liability insurance is in effect during the term ot this contract or any
period of contract extension during which any vehicle remains in the Contractor's and/or
Subcontractor's ~ssession:
CWS06I~
97-177
(a) Automobile Liability Insurance.
The Contractor, by signing this contract, hereby certnies that it possesses or wm
obtain automobne liability insurance in the amount of $1,000,000 per OCCurrence for
bOdily injury and property damage liability combined. Said insurance must be
obtained and made effectiv~ 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 certfficate 01 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 priorto the
expiration date of said insurance coverage, a copy of a new certnicate 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 01 insurance contain the following provisions:
[1] The insurer will not cancel the insured's coverage w~hout 30 calendar days
prior written notice to the State (Department of Health Services).
[2] The State of California. its o Ilicers , agents, employees, and servants are
included as additional insureds, but only insolar as the operations Underthis
contract and any extension or continuation of this contract are concerned.
[3] The insurance carrier shall notify the State of California Department of Heatth
Services. in writing, of the Contractor's failure to pay premiums; its
cancellation of such policies: or any other substantial change. inClUding, but
not rim~ed to, the status. coverage, or scope of the required insurance. Such
notices shall contain a reference to the Contract number for which insurance
was obtained.
(f) The Contractor and/or Subcontractor is hereby advised that Copies of certnicates of
insurance may be subject to review and approval by the Department of General
Services. Office of Insurance and Risk Management. The Contractor shall be
notffied by the State. in writing, n 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 eHect 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.
4. REQUIREMENTS APPLICABLE TO SUBCONTRACTS FOR SERVICES
a. Prior written authorization will b€ required before the Contractor enters into or is reirrbursed
for any subcontract tor services Costing $5,000 or more. For Subcontracts tor services
exceeding 55.000. Contractors shall obtain at least three bids or justny a Sole source award.
(1) The contractor must provide In its request tor autnonzation. all partiCUlars necessary for
evaluating the neceSSity or aeslraoility or incurnng sucn cost.
<$ "'Is.&! ........,.
97-177
(2) The State may identify the informatiori needed to fulfill 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 subcontracts (Le., 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 its 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 for approval, inspection, or
audit.
e. Sole responsibility rests with the Contractor to ensure that subcontractors are paid in a timely
manner.
f. The Contractor is responsible for all performance requirements under this contract 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 fulfilfing
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 co ntract.
(1) Budget detail format and submission requiremenls will be prescribed by the State.
(2) Methods of 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.
Changes to a subcontractor's identity or subcontract budget detail may be made with 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 specHied 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 Number) and final payment from the State, and to permit
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 pcovisions of this exhibit 1.2,3,4,5.6.7,9,10,11.12.13,15,16,17,
19. and 30.
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5. INCOME RESTRICTIONS
Unless otherwise stipulated in this contract, the Contractor agrees that any refunds, rebates.
creads. 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.
6. 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 properfy reflect 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 const~utes "records' for
the purposes 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 of Califomia Bureau of
State Audits or any of ~s duly authorized representatives.
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 resulling 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
complelion of the action and resolution of all issues which arise from ~, or until the end of
the regular three-year period, whichever is later.
7. 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 thereunder including Subcontract
supported activities and the premises in which it is being performed. If any inspection or
evaluations made by the State of the premises of the Contractor or a Subcontractor. the Contractor
shall provide and shall require Subcontractors to provide all reasonable facil~ies 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.
8. FUNDING AVAILABILITY
State Contract Funds Committed Prior to July 1 of any FIscal Year.
a. Contractor understands that this contract may have been written and executed prior to the
passage of a Governors annual budget in order to avoid program and fiscal delays which
could occur if the contract were executed after such event.
b. 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, tenns, or
funaing of this contract in any manner.
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97-177
c. If suflicientlunds are not appropriated for this program and contract, this contract shall be
invalid and 01 no lurther lorce and ellect. In this event, the State shall have no liability to pay
any funds whatsoever to the contractor or to furnish any other considerations under this
contract, and the contractor shall not be obligated to perform any provisions 01 this contract.
9. STATE NONDISCRIMINATION CLAUSE AND REQUIREMENTS
a.
During the performance 01 this contract, Contractor and its subcontractors shall not unlawfully
discriminate, harass or allow harassment, against any employee or applicant because 01 sex,
race, color, ancestry, religious creed, national origin, physical disability (including HIV and
AIDS), mental disability, medical condition (cancer), age {over 40)~marital status, and denial
01 family care leave. Contractors and subcontractors shall ensure that the evaluation and
treatment of their employees and applicants lor employment are free Irom such discrimination
and harassment. Contractor and subcontractors shall comply with the provisions 01 the Fair
Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable
regulations promulgated thereunder (Calilornia Code 01 Regulations, Title 2, Section 7285.0 et
seq.), The applicable regulations 01 the Fair Employment and Housing Commission
implementing Government code, Section 12990 (a-f), set forth in Chapter 5 01 Division 4 of
Trtle 2 of the California Code 01 Regulations are incorporated into this contract by relerence
and made a part hereol as if set forth in lull. 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.
Contractor shall include the nondiscriminalion and compliance provisions 01 paragraph a in all
subcontracts to perform work under the contract.
The Contractor will not discriminate in the provision of services against any person with
protected status as provided by state and lederallaw and described in paragraph a.
For the purpose of this contract, distinctions made on the basis 01 a person's protected status
as noted in paragraph a include, but are not limited to, the lollowing: 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 dillerent time or place Irom 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 01 any
advantage or privilege enjoyed by others receiving any service or benefit: treating a participant
differently Irom 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.
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.
The Contractor agrees that complaints alleging discrimination in the delivery 01 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 01 Health Services'
Affirmative Action/Discrimination Complaint Process.
The Contractor shall, subject to the approval of the Department of Health Services, establish
procedures under which participants 01 service are in:ormed of their rights to lile a complaint
alleging discrimination or a violation of their civil rights with the Department of Health Services.
The Contractor shall operate the program or activity in such a manner that it is readily
accessible to ano usable by mentally or physically handicaoped persons pursuant to 45 Code
of Federal Regulalion~. Pan 84. Sections 84.21 and 84.22.
b.
c.
d.
e.
I.
g.
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97-177
i.
The Contractor shall keep records, submit. required compliance reports, and permit state
access to records in order that the State can determine compfiance with the nondiscrimination
requirements pursuant to 45 Code of Federal Regulations, Part 80, 84, and 90, Sections 80.6,
84.61, and 90.42.
10. FREEZE EXEMPTIONS
(Applicable orft.}rcHibl govemmental and public entities.)
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a. Contractor agrees that any hiring freeze adopted during the term of this contract shalf not be
applied to the positions lunded, in whole or in part, by this contract.
b. Contractor agrees nl?t to implement any personnel policy which may adversely allect
performance or the positions funded, in whole or in part, by this contract.
c. Contractor agrees that any travel freeze or travel limitation policy adopted during the term 01
this contract shall not restrict travel lunded, in whole or in part, by this contract.
d. Contractor agrees that any purchasing freeze or purchase limitation policy adopted during the
term 01 this contract shall not restrict or limit purchases IUnded, in whole or in part, by this
contract.
11. AMERICANS WITH DISABILITIES ACT REQUIREMENTS
By signing this contract, contractor assures the state that it complies with the Americans with
Disabilities Act (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.
12. RIGHTS IN DATA
~-
a. Subject Data. As used in this clause, the term .Subject Data" means writings, sound
recordings, pictorial reproductions, drawings, designs or graphic representations, prOCedural
manuals, lorms, diagrams, work flow charts, equipment descriptions, data files and data
processing or computer programs, and works of any similar nature (whether or not copyrighted
or copyrightable) which are first produced or developed under this contract. The term does not
include linancial reports, cost analyses, and similar inlormation incidental to contract
administration.
b. Federal Government and State Rights. Subject only to the provisions of 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
corytract.
c. License to Copyrighted Data. In addition to the Federal Government and state rights as
provided in b above, with respect to any subject data which may be copyrighted, the
Contractor and applicable subcontractor agrees to and does hereby grant to the Federal
Govemment and State a royalty-free, nonexclusive, and irrevocable license throughout the
world to use, duplicate, or dispose of such data in any manner for State or Federal
Govemment purposes and to have or permit others to do so. Provided. however, that suCh
license shall be only to the extent that the Contractor now has, or prior to completion or final
settlement 01 this contract may acquire, the right to grant such license without becoming liable
to pay compensation to others solely because of such grant.
3. CLEAN AIR AND WATER
i Applicable only if the contract is not with a sole source vendor of products or services: or if it
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97-177
The Contractor agrees under penalty 01 perjuiy (it, he, she) Is not in violation 01 any order or
resolution which is not subject to review promulgated by the State Air Resources Board or an air
pollution district.
The Contractor agrees under penalty 01 perjury (it, he, she) is not subject to a cease and desist
order which is not subject to review issued pursuant to Section 13301 of the Water Code for
. violation of waste discharge requirements or discharge prohibitions, or is not finally determined to
be in violation of provisions 01 federal law relating to air or water pollution.
14. USE OF MINORITY, WOMEN, AND DISABLED VETERAN BUSINESS ENTERPRISES
(Applicable to any contract subject to MIW/DVBE goal participation or good faith effort compliance.
Not applicable to local govemment or public entities or entities exempted by DHS.)
a. It is a federal policy to award a fair share 01 contracts to small, minority, and women owned
business firms. The State Legislature has declared that a fair proportion of the total purchases
and contracts or subcontracts for property and services for the State be placed with minority,
women, and disabled veteran owned business enterprises.
b. All M/W/DVBE participation attachments, however labeled, completed as a condition 01
bidding, contracting or amending a subject contract are incorporated herein and made a part
01 this contract by this relerence.
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
substitution 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 lor substitution must be directed to the program lunding this contract and must
contain: (1) identity of the lirm to be substituted and its M/W/DVBE status, (2) reason forthe
substitution, and (3) identity of the replacementlirm and its MIWIDVBE status.
d. Contractor agrees the State will have the right to review, obtain, and copy all records
pertaining to performance 01 the contract. Contractor agrees to provide the State or its
delegatee with any relevant information requested and shall permit the State or its delegatee
access to its premises, upon reasonable notice, during normal business hours lor 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 lor the purpose 01
determining compliance with State M/W/DVBE goal or good faith effort compliance.
Contractor further agrees to maintain such records for a period of three (3) years after final
payment is received under the contract.
15. PRINTING
If printing or other reproduction work 01 more than an incidental and minor dollar amount (e.g.,
$25,000 or 10 percent of contract total, whichever is less) is a reimbursable item in this contract. it
shall be printed or produced by the Stille Printer. The State Printer may, at his sole option, elect to
forego said work and delegate the work to the private sector. II the State Printer prints or produces
said work, or the State obtains the printing or other work through another source, the cost will be
deducted from said contract amount. This requirement does not apply to normal in-house copying
necessary for routine business matters 01 the Contractor.
16. PRIOR APPROVAL OF TRAINING SEMINARS, WORKSHOPS, OR CONFERENCES
Comractor shall obtain prior state approval over tne location. costs. oates. agenOa, instructors,
mstructional materials, alJo attenoees at any relmoursaole trammg semmar, workshop, or
conrerence. ano over any relmbursaole puolicn,. or e'oucatlOr1al matenals tc- De maoe available lor
"'UC:t'o;;.,
.97-177
distribution. The Contractor shall acknowledge the support 01 the State Whenever publicizing the
work under the contract in any media. This paragraph does not apply to necessary staff meetings to
conduct routine business matters.
17. CONFIDENTIALITY OF INFORMATION
a. The Contractor and his or her employees, agents, or subcontractors shall protec:t from
unauthorized disclosure names and other identifying inlOrmalion concerning persons either
receiving services pursuant to this contract or persons whose names or identifying information
become available or are diSClosed to the Contractor, his/her employees, agents, or
SUbcontractors as a result of services performed under this contract, except for statistical
information not identifying any such person.
b. The Contractor, his/her employees, agents, or subcontractors shall not use such identifying
information lor any purpose other than carrying out the Contractor's obligations under this
.contract
c. The Contractor, his/her employees, agents, or subcontractors shall promptly transmit to the
State all requests for disclosure of such identifying information not emanating from the client or
person.
d. The Contractor shall not disclose, except as otherwise specifically permitted by this contract or
authorized by the client, any such identifying inlormation to anyone other than the State
without prior written authorization Irom the State.
e. For purposes 01 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.
18. NATIONAL LABOR RELATIONS BOARD CERTIFICATION
(Not applicable if Contractor is a public entity.)
Contractor, by signing this contract, does swear under penally 01 perjury that no more than one final
unappealable finding of contempt of court by a lederal court has been issued against Contractor
within the immediately preceding two-year period because of the Contractor's lailure to comply with
an order 01 a lederal court which orders the Contractor to COmply with an order 01 the National
Labor Relations Board.
19. 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
contracts and Subcontracts relating to the preparation of such document or report. if the total cost
lor work by nonemployees 01 the Slate exceeds $5,000.
20. RESOLUTION OF DIRECT SERVICE CONTRACT DISPUTES
a. If Contractor believes there is a dispute or grievance between the Contractor and the State,
the procedures set forth in Chapter 2.1, Sections 20201 through 20205, of TrUe 22, 01 the
Calffornia Code of Regulations, shall be 101l0Wed.
b. If the Contractor wishes to appeal the decision of the Deputy Director for Public Health or
his/her designee, the Contractor shall follow the procedures Set forth in Division 25.1
(COmmencing with Section 38050) 01 the Heallh and Safety Code and the regulations adopted
thereunoer. :Title 1. Subchapter 2.5, commencing with Section 251, California Code 01
Regulations. i
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97-177
c. Disputes arising out 01 an audit or examination 01 a contrad not covered by subdivision (a) 01
Section 20204, 01 Chapter 2.1, TIlle 22, 01 the Califomia Code 01 Regulations, and for which
no procedures for appeal are provided in statute, regulation, or the contract shall be handled in
accordance with the procedures identilied in Sections 51016 through 51047, Title 22,
California Code of Regulations.
21. FINANCIAL AND COMPLIANCE AUDIT OF NONPROFIT ENTITIES
(Applicable only if Contractor is a nonprolit entity.)
a. Definitions within this paragraph are delined in Section 38040 01 the Health and Salety Code.
which, by this relerence, is made a part hereol. -
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 01 Management and the Budget (OMB) Circular A-133, "Audits 01 Institutions 01
Higher Education and Other Nonprofit Organizations."
c. Relerences to "Federal" in OMB Circular A-133 shall be considered to mean "Federal and/or
State" in contracts where state lunds are present either alone or in conjunction with federal
lunds. .
d. The audit shall be completed by the 15th day 01 the filth month lollowing the end 01 the
Contractor's fiscal year. Two copies 01 the audit report shall be delivered to the state program
funding this contract. The report shall be due within 30 days after the completion of the audit.
e. lithe Contractor receives less than $25,000 per year Irom the State, the audit shall be
conducted biennially, unless there is evidence 01 fraud or other viotation 01 state law in
connection with this contract. This requirement takes precedence over the OMS A-133 section
which exempts Irom federal audit requirements any nonprofit institution receiving less than
$25,000 per year.
f. The cost 01 such audit may be included in the lunding lor this contract up to the proportionate
amount this contract represents of the Contractor's total revenue.
g. The State, or its authorized designee including the 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 authority to enforce state law or
regulations, procedures, or reporting requirements arising pursuant thereto.
i. Nothing in this paragraph limits the authority of the State to make audits of this contract,
provided, however, that i!'independent audits arranged for by Contractor meet generally
accepted governmental auditing standards, the State shall rely on those audits and any
addnional audit work shall build upon the work already done.
j. The State may, at its option, direct its own auditors to perform the single audit described in
OMS Circular A-133. The State's auditors shall meet the independence standards specified in
Government Auditing Standards. The audit shall be conducted in accordance with OMB
Circula, A-133 so as to satisfy all state and lederal requirements for a single organization-wide
audit.
22. CONTRACT AMENDMENTS
This ::omract 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 01 General
Serv:ces.
OlSC6r~
97-177
23. CONFLICT OF INTEREST -CURRENT AND FO~MER STATE EMPLOYEES
a. Current State Officers and Employees
(1) Contractor shalf not utilize in the performance of this contract any state officer or
employee in the state civil serv;;e or ilther appointed state official unless the
employment, activity, or enterprise is required as a condition 01 the officer or employee's
regular state employment. Employee in the state civil service is defined to be any person
legally holding a permanent or intermittent position in the state civil service,
(2) II any state ollicer or employee is utilized or employed in the performance of this
contract, Contractor shalf first obtain wrilten verification from the State that the
employment. activity, or enterprise is required as a condition 01 the officer's. employee's.
or official's. regular state employment and shall keep said verification on file for three
years after the termination 01 this contract.
(3) Contractor may not accept occasional work Irom any currently employed state offICer,
employee, or official.
(4) "Contractor accepts volunteer work Irom 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 behalf of Contractor.
(5) Contractor shall not employ any state officers, employees. or officials who are on paid or
unpaid leave 01 absence Irom 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 01 this contract. Contractor shall notify each
01 its employees. and any other person having a financial interest in this contract that it 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 Ollicers and Employees
(1) Contractor shall not utilize in the performance of this contract any formerfy emploYed
person 01 any state agency or department that was employed under the state civil
service, or otherwise appointed to serve in the state government, if that person was
engaged in any negotiations, transactions, planning, arrangement, or any part 01 the
decision-making process relevant to the contract while empioyed in any capacity by any
state agency or department. This prohibition shall apply for a two-year period beginning
on the date the person left state employment.
(2) Contractor shall not utilize within 12 months from the date 01 separation of services, a
lormer employee of the contracting state agency or department if that former employe~
was employed in a policy-making position in the same general subject area as the
proposed contract within the 12-month penod prior to the employee leaving state service.
c. Failure to COmply with Subparts a or b
If Contractor violates any prOVision or Subparts a or b aoove, sucn action cy Contractor shall
'enoer tnlS coOlrac: VOla. umess me VIOlalion IS re=,-:mcaJ or ncnsuosranllve
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97-177
24.' CONTRACTOR NAME CHANGE
Contractor shall provide a written notice to the State at least 30 days prior to any changes to the
Contractor's current legal name. .
25. NOVAl10N
If the Contractor proposes any novation agreement, the State shall act upon the Proposal within
60 days after receipt 01 the written proposal. The State may review and consider the proposal,
consult and negotiate with the Contractor, and accept or reject all or part 01 the proposal.
Acceptance or rejection may be made orally within the 60-day period. and confirrned in writing
within live days. -
26. 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 01 a controlled substance is prohibited in the person's or
organization's workplace and specilying the actions that will be taken' against employees for
violations of the prohibition.
b. Establishing a drug-Iree awareness program to inform employees about all 01 the following:
(1) The dangers 01 drug abuse in the workplace.
(2) The person's or organization's policy 01 maintaining a drug-free workplace.
(3) Any available drug counseling, rehabilitation, and employee assistance programs.
(4) The penalties that may be imposed upon employees lor drug abuse violations.
c. Requiring that each employee engaged in the performance of the contract or grant be given a
copy 01 the statement required by subdivision a and that, as a condition 01 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 01
this contract, or both, and the Contractor may be subject to debarment, in accordance with the
requirements 01 the Govemment Code, Section 8350 et seq., if the Department determines'
that any 01 the lollowing has occurred:
(1) The Contractor or grantee has made a false certification.
(2) The Contractor violates the certification by lailing to carry out the requirements 01
subdivisions a through c above.
27. 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 01 understanding lor a commission, percentage,
brokerage, or contingent lee, excepting bona fide employees or bona fide established commercial
or selling agencies retained by the Contractor for the purpose 01 securing business. For breach or
violation of this warranty, the State shall have the right to annul this contract wilhoutliability or in its
discretion to deduct lrom the contract price or consideration. or otherwise recover, the full amount 01
such commission, percentage, brokerage, or contingent fee.
97-177
28. FINAL INVO/CE-FINAL REPORT-RETENTIO.N 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 01 the contract,
50 percent (50%) 01 the final invoice. or $3,01.00, whichever is greater, until receiving a final report
that is satisfactory to the Slale.
~. CONTRACTOR PERFORMANCE EVALUATION
The State may, at its cflSCretion. evaluate the pelformance 01 the Contractor at the conclusion of the
contract. If performance is evaluated, the evaluation shall not be a pUblic r~cord, but may be placed
on file with the Departme':lt 01 General Services. Negative pelformance evaluations may be
considered by the Slate prior to making future contract awards. Performance 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 01 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 performance difficulties.
30. OFFICIALS NOT TO BENEFIT
No members 01 or delegate to Congress or the State Legislature shall be admitted to any share or
part of this contract, or to any benelit that may arise therefrom. This provision shall not be
construed to extend to this contract if made with a COrporation lor its general benefits.
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