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HomeMy WebLinkAbout18-Parks & Recreation r- I . ORIGINAL . CI.TV OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lemuel P. Randolph. Director Dept: Parks, Recreation & Community Services Dep!. Date: December II. 2006 Subject: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MA YOR TO EXECUTE AN AGREEMENT WITH THE PUBLIC HEALTH INSTITUTE FOR THE YOUTH EMPOWERMENT PILOT PROJECT FOR THE PERIOD OF NOVEMBER 1, 2006 THROUGH SEPTEMBER 30, 2007 AND RATIFYING ALL ACTION TAKEN BETWEEN NOVEMBER 1, 2006 AND THE APPROVAL OF THE RESOLUTION. Synopsis of Previous Council Action: MClC Meeting Date: December 18. 2006 Recommended motion: ~ I Adopt Resolution. 7 _' //~' .i' /.....'-{/ // /'L ~ r t . Signa re Contact person: Curtis Brown 384-5130 Phone: Supporting data attached: Staff report, Reso & Agreement FUNDING REQUIREMENTS: Council Notes &"'0 ~O& -138 Ward: Citywide Amount: $14 7(X) (,rand fnnds from the Pnhlic Ilealth Institute Source: (Ace!. No) 123-000-5014.5111 (Ace!. Dese.) Public Health Institute Finance: Agenda Item No.lL- 1;;"/ J~J Db e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an agreement with the Public Health Institute for the Youth Empowerment Pilot Project for the period of November I, 2006 through September 30,2007 and ratifYing all action taken between November I, 2006 and the approval of the resolution. Backl!round: The Public Health Institute is an organization that grants funding to local agencies that provide nutrition and physical fitness education. The Parks, Recreation & Community Services Department has successfully provided health and nutrition services to City residents since 1999. This professional service agreement with the Public Health Institute will provide $14,700 for after-school programming for youth ages 12 to 18 years old. This new funding will compliment the Department's current health and nutrition program. The key components of the program are leadership development, nutrition, and physical fitness education. Selected youth will participate in intensive training and leadership development. Those youth will then be responsible for sharing nutrition education with neighborhood children. The project will take place at the Ruben Campos Recreation Center with a maximum of27 youths. This request was not forwarded to the Grant Ad Hoc committee because the Parks, Recreation & Community Services Department was chosen as a model due to its successful record for providing health and nutrition services to youth. An application.was not required for receipt of these funds. Financial Imoact: The agreement will cover all staffing and material costs incurred during the contract period of November I, 2006 through September 30,2007. The total of the grant will be $14,700. Recommendation: Adopt the Resolution. -,,-,.,. f;', }~~ RESOLUTION NO. e 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE PUBLIC HEALTH INSTITUTE FOR THE YOUTH EMPOWERMENT 3 PILOT PROJECT FOR THE PERIOD OF NOVEMBER I, 2006 THROUGH 4 SEPTEMBER 30, 2007 AND RATIFYING ALL ACTION TAKEN BETWEEN NOVEMBER 1, 2006 AND THE APPROVAL OF THE RESOLUTION. 5 7 8 SECTION 1. The Mayor of the City of,San Bernardino is hereby authorized and directed 9 to execute an agreement on behalf of said City with the Public Health Institute for the Youth 10 Empowerment Pilot Project. A copy of said agreement is hereby attached hereto, marked 11 Exhibit "A ", and incorporated herein by reference as fully as though set forth at length. 12 13 SECTION 2. The term of this agreement is November 1, 2006 through September 30, e 2007; therefore, any action taken between November I, 2006 and the date that this resolution is 14 15 executed is hereby ratified. 16 SECTION 3. The authorization granted hereunder shall expire and be void and of no 17 further effect if the agreement is not executed by both parties and returned to the Office of the 18 City Clerk within 120 days following effective date of the resolution. 19 III 20 III 2] III 22 III 23 III 24 III 25 26 III e 27 III 28 Iii Y1b. I 9 III Ittl (5 /l)~ e RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE PUBLIC HEALTH INSTITUTE FOR THE YOUTH EMPOWER.'VIENT 2 PILOT PROJECT FOR THE PERIOD OF NOVEMBER 1, 2006 THROUGH SEPTEMBER 30, 2007 AND RATIFYING ALL ACTION TAKEN BETWEEN 3 NOVEMBER 1, 2006 AND THE APPROVAL OF THE RESOLUTlO:'ol. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a Meeting, thereof, , 2006, by the following vote to wit: ABSTAIN ABSENT 18 Rachel G. Clark, City Clerk 19 The foregoing resolution is hereby approved this day of ,2006. 20 21 22 23 Approved as to form: 24 7. 25 es F. Penman, City Attorney 26 e 27 28 Patrick J. Morris, Mayor City of San Bernardino tit tit tit Agreement No. 1011967 PROFESSIONAL SERVICES AGREEMENT BETWEEN PUBLIC HEALTH INSTITUTE AND SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT This Service Agreement is entered into on the subscribed date by the Public Health Institute, 555 12th Street, 10th Floor, Oakland, CA 94607-4046,510-285-5500, Fax: 510-285-5501, hereinafter referred to as PHI, and San Bernardino Parks, Recreation and Community Services Department, 547 North Sierra Way, San Bernardino, CA 92410,909-384-5332, hereinafter referred to as CONSULTANT. I. RECITALS: This agreement is a sub-agreement under prime contract no. 03-75007 awarded to PHI by the California Department of Health Services (CDHS) and funded by U.S. Department of Agriculture (USDA). 2. EFFECTIVE DATE OF AGREEMENT: This agreement and any amendment to the agreement shall not take effect, and neither party shall be obligated to perform this agreement or the amendment, unless and until the agreement is approved in writing by an authorized representative of California Department of Health Services and CONSULTANT receives written notice thereof from PHI. 3. TERM OF AGREEMENT: The term of this agreement shall be from November 1,2006 to September 30,2007. 4. SCOPE OF WORK: CONSULT ANT shall provide the professional services as set forth in Exhibit A, Scope of Work, a copy of which is attached and made a part hereof by reference. 5. PAYMENT FOR CONSULTANT'S SERVICES: A. The maximum amount payable shall not exceed $14,700. PHI shall reimburse CONSULT ANT not more frequently than monthly, in arrears, upon receipt of CONSULT ANT'S invoice(s) and approval by PHI representative Susan B. Foerster, MPH, RD, for allowable costs incurred in accordance with Exhibit B, Budget Summary, a copy of which is attached and made a part hereof by reference. B. Amounts paid to CONSULT ANT that are determined by audit or otherwise to be unallowable shall be deducted from subsequent payments due CONSULT ANT, or CONSULTANT shall refund such amounts to PHI on demand. c. CONSULTANT shall submit its final invoice no later than .60 days after the date of expiration of the term or termination of this subcontract. PHI may approve an extension of this deadline if requested by CONSULT ANT. e e e D. Invoices shall be submitted on a fonn acceptable to PHI with supporting documentation as PHI may require, including name and address of CONSULTANT, project or subcontract number (if any), time period covered by the invoice, current period expenditures, cumulative expenditures to date, and the original signature of CONSULT ANT's authorized representative. 6. TERMINATION: This agreement may be tenninated as follows: (i) Either party may tenninate without cause upon 30 days written notice to the other party; (ii) PHI may tenninate, effective on the date CONSULTANT receives written notice, if the prime contract tenninates or is amended in relevant part, if PHI is required to tenninate this agreement by California Department of Health Services, or if CONSULTANT materially fails to comply with the tenns and conditions of this agreement. When it either sends or receives notice of tennination, CONSULT ANT shall cancel as many outstanding obligations as possible, and on the date oftennination work shall stop and CONSULTANT shall not incur any new obligations. In the event oftennination without cause, upon receipt of all completed or partially-completed deliverables, PHI shall pay CONSULTANT for costs incurred through the tennination date (including the allowable cost of un cancelable obligations) if this is a cost-reimbursement type agreement, and for services rendered through the tennination date if this is a fixed price type agreement. CONSULTANT shall incorporate the requirements of this clause in all lower tier agreements. 7. INCORPORATION BY REFERENCE A. Exhibit D(F) to the prime contract entitled "California Department of Health Services Special Tenns and Conditions (for federally funded service contracts and grant awards (02/02)" is attached and made a part hereof by reference. CONSULT ANT shall be subject to and shall comply in all respects with the following numbered provisions of Exhibit D(F): 1,2; 3,4 (including subsection 4(g)(4)(a), except that CONSULTANT's reports under subsection a(J), (2) and (I) shall be submitted to PHI), 6, 7, 8, 9 (except subsection 9.d),JO, I 1,12, 13, 14, 17, 19,20,24,32. Unless the context requires otherwise, all references in Exhibit D(F) to the Contractor shall be deemed to refer to CONSULTANT. B. All other tenns and conditions of the prime contract that are applicable to this agreement are incorporated herein by reference, and CONSULTANT shall be subject to and comply with them in all respects. CONSULT ANT shall have the right to obtain a copy of the prime contract from PHI at any time. However, this section shall apply whether or not CONSULTANT does so, and CONSULTANT expressly waives any right to further notification or explanation of prime contract provisions. If any of the aforementioned prime contract provisions directly and irreconcilably conflict with other provisions of this agreement, the latter shall take precedence. C. CONSULTANT shall incorporate the requirements of this section into lower-tier agreements. 8. INTELLECTUAL PROPERTY RIGHTS: Notwithstanding Provision 10 of Exhibit 2 tit e tit D(F), entitled "Intellectual Property Rights," whenever it is reasonably necessary for CONSULT ANT to use, reproduce, distribute, or modify any intellectual property in order to perform services that are required to be performed in or permitted to be performed under this agreement or under a subcontract approved by PHI under this agreement. PHI grants a non-exclusive, royalty-free, worldwide and irrevocable license to CONSULTANT to use, reproduce, distribute, and modify such intellectual property and have or permit others to do so. 9. PUBLIC REPORTING: CONSULTANT shall comply with the following requirements. A. CONSULTANT must submit any news release related to this contract to PHI for review prior to its release. B. CONSULTANT 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 this contract. C. When producing audio and/or visual materials, not previously developed, CONSULT ANT will acknowledge CDHS and USDA support in the following manner: English A message from the California Department of Health Services funded by the Food Stamp Program of the U.S.Department of Agriculture. Spanish Patrocinado por el Departamento de Servicios de Salud de California y auspiciado por el Programa de Cupones de Alimentos del Departamento de Agricultura de los Estados Unidos. D. The CDHS's and USDA's name shall be placed prominently on all other products generated by CONSULT ANT as a result of this contract with appropriate credit given for funding. 10. PUBLICA TIONS: CONSULT ANT shall not publish any journal articles or other materials that disclose the objectives, contents, methods, or results of work hereunder without the prior written authorization of PHI. CONSULTANT shall incorporate the requirements of this clause in all lower tier subcontracts. II. SUBCONTRACTING APPROV AL: CONSULT ANT shall not enter into any lower-tier subcontracts without the prior written approval of PHI. 12. APPLICABILITY TO LOWER-TIER SUBCONTRACTORS AND SUPPLIERS: CONSULTANT shall require its subcontractors, suppliers, employees, consultants and agents to comply with the applicable provisions of this agreement. \3. NON-DISCRIMINATION CLAUSE: During the performance of this agreement, 3 e CONSULTANT shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including my and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. CONSULTANT shall insure that the evaluation and treatment of its employees and applicants for employment are free from such discrimination and harassment. CONSULT ANT shall comply with the provisions of the Fair Emplo}TI1ent and Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this agreement by reference and made a part hereof as if set forth in full. CONSULT ANT shall give written notice of its obligations under this section to labor organizations with which it has a collective bargaining or other agreement. e 14. . LOBBYING CERTIFICATION: CONSULTANT shall comply with 31 USC 1352 "Limitation on Use of Appropriated Funds to Influence Certain Federal Contracting and Financial Matters" and implementing regulations at 48 CFR subpart 3.8. If this agreement exceeds $100,000, CONSULTANT certifies by signing this agreement that to the best of its knowledge and belief no federal appropriated funds have been or will be paid by it or on its behalf to 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 the making, award, extension, continuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperative agreement, provided that if any funds other than federal appropriated funds (including profit or fee received under a covered federal transaction) have been or will be paid to any person for the above-noted purposes in connection with this agreement, CONSULT ANT shall complete and submit to PHI OMB Standard Form LLL "Disclosure of Lobbying Activities." CONSULT ANT shall incorporate the requirements of this clause in all nonexempt lower tier agreements and require subcontractors to certify and disclose to it, and forward their disclosures to PHI. e 15. DEBARMENT AND SUSPENSION CERTIFICATION: CONSULTANT agrees to comply with applicable federal suspension and debarment regulations including but not limited to 7 CFR Part 3017, 45 CFR 76, 40 CFR 32 or 34 CFR 85, and by signing this agreement, CONSULTANT certifies to the best of its knowledge and belief, that it and its principals: (I) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency; (2) Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perfornling a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated above; (4) 4 e e e Have not within a three-year period preceding this agreement had one or more public transactions (Federal, State or local) terminated for cause or default; (5) Shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under federal regulations (i.e., 48 CFR part 9, subpart 9.4), debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction, unless authorized by PHI; and (6) Will include a clause entitled, "Debarment and Suspension Certification" that essentially sets forth the provisions herein in all lower tier covered transactions and in all solicitations for lower tier covered transactions. If the CONSULTANT is unable to certify to any of the statements in this certification, it shall submit an explanation to PHI. The terms and definitions herein have the meanings set out in the Definitions and Coverage sections of the rules implementing Federal Executive Order 12549. If CONSULTANT knowingly violates this certification, in addition to other remedies available to the Federal Government, PHI may terminate this agreement for cause or default. 16. SMOKE-FREE WORKPLACE CERTIFICATION: CONSULTANT certifies by signing this agreement that it will comply with the Pro-Children Act of 1994 (P.L. 103-227) 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. 17. TRAVEL REIMBURSEMENT AND EQUIPMENT REPORTING: Travel and per diem expense reimbursement provided under this agreement shall conform with the policies set forth in the attached DHS 'Travel Reimbursement Information" Exhibit G, which is incorporated herein by reference. If applicable, CONSULT ANT shall utilize the DHS "Contractor Equipment Purchased with DHS Funds" and "Inventory/Disposition ofDHS- Funded Equipment" forms for reporting and inventory of equipment. The forms shall be submitted to PHI. 18. PROTECTION OF HUMAN SUBJECTS: CONSULTANT shall comply with the applicable terms and conditions of 45 CFR Part 46 "Protection of Human Subjects" and shall incorporate the requirements of this section in lower tier subcontracts for research involving human subjects. 19. HUMAN SUBJECTS EDUCATION: CONSULTANT'certifies that all key personnel who are involved in the design and conduct ofresearch involving human subjects under this agreement have completed the NIH computer-based training in the protection of human research participants (htto://ohsr.od.nih.gov/cbt/) or a comparable program, and CONSULT ANT agrees to provide documentation thereof to PHI upon request. 20. RECORD RETENTION, AUDIT AND INSPECTION: CONSULTANT shall maintain all books, documents, papers, records and supporting documentation relating to this agreement for a minimum of three (3) years after termination and final payment, unless a longer period of record retention is stipulated. CONSULT ANT agrees to allow PHI, California Department of Health Services, the Department of General Services, the Bureau of State Audits, and their designated representatives to have access to, review, copy and audit the foregoing materials during any normal business hours and to interview any employee who might reasonably have information relating to them. 5 1-:- e e e 21. INDEMNIFICATION: A. CONSULT ANT agrees to indemnify, defend and save harmless the State of California, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by CONSULTANT in the performance of this agreement. B. CONSULTANT and PHI each agree to indemnify, defend and hold harmless the other and its directors, officers, members, employees, contractors and agents from and against any and all claims, losses, damages, costs, expenses or other liability resulting directly or indirectly from any intentional, grossly negligent or negligent act or failure to act by the indemnifying party's directors, officers, employees or agents in the performance of this agreement, including without limitation any accident or injury to persons or property or any liability for copyright, patent or trademark infringement. The parties' obligations under this section shall survive the expiration or termination of this agreement until all claims involving any of the indemnified matters are fully and finally resolved or barred by applicable statutes oflimitation. 22. REPRESENTATIONS AND WARRANTIES: CONSULTANT represents and warrants that services will be performed in a good and workmanlike manner, free from defects, and by personnel with the requisite skill, qualifications, and licenses. 23. DISPUTES AND ARBITRATION: Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and judgment upon the arbitrator's award may be entered in any court having jurisdiction. 24. TIMELY PERFORMANCE: Time is of the essence in the performance of this agreement. 25. INDEPENDENT CONTRACTOR: CONSULTANT is an independent contractor and for no purpose shall any of its officers, directors, members, employees, volunteers, subcontractors or agents be considered an employee of PHI or the funding agency, if any. 26. EXCUSABLE DELAY: If CONSULTANT is delayed in the performance its obligations by reason of labor troubles, power failure, acts of government, acts of God .or the public enemy, or any other reasons or causes beyond its reasonable control, performance shall be excused for the period of delay and, if agreed to in writing by the parties, the agreement shall be extended for a period equivalent to the delay. 27. INTERFERING CONDITIONS: CONSULTANT agrees to promptly notify PHI of any 6 . . . condition that might interfere with this agreement. Notification shall not relieve CONSULTANT of any responsibilities hereunder. 28. COMPLIANCE WITH LAW: CONSULTANT agrees to comply with all relevant state and federal statutes and regulations. 29. ASSIGNMENT: This agreement is not assignable by CONSULTANT without tb~ prior written consent of PHI. 30. SEVERABILITY: Ifany provision of this agreement is held in conflict with law, the validity of the remaining provisions shall not be affected. 31. SURVIV AL OF OBLIGATIONS: Expiration or termination of this agreement shall not extinguish any previously-accrued rights or obligations of the parties. 32. GOVERNING LAW: The validity, construction, and effect of this agreement shall be governed by the laws of the United States of America and the State ofCalifomia. 33. CAPTIONS: Captions are for convenience and reference only and are not intended to affect the interpretation of this agreement. 34. NOTICES: Notices and other communications hereunder are deemed given three business days after the date of mailing by certified mail to the address set forth at the beginning of this agreement. 35. ENTIRE AGREEMENT: This is the entire agreement between the parties. It supersedes all prior oral or written agreements or understandings and it may be amended only in writing. For Public Health Institute: ~. Kimb rIee Yates Grants and Contracts Specialist For CONSULTANT: \\ /ID(j\p Date Date H \kkrnncr\200?',FFY 07 Agreemcnts\Collsullanl\San Bernardino Parks and Rec 1011961 doc 02551-04-0] APPROVED AS TO FORM: James F~ PenE!an, City Attomey .f) 7 .-- '. '.--: . Exhibit A Scope of Work California Nutrition Network Youth Empowerment (YE) Pilot Project San Bernardino Parks and Recreation I. Project Coordinator and Lead Person will participate in the Network's one day kick-off meeting/training (TBD, November 2006 or Early Dec. 2007). 2. Project Coordinator (PC) will recruit Lead Person (LP) to manage day-to-day activities of the YE pilot sites. 3. LP will recruit and work closely with 10-12 youth (ages 12-18) during the period November I, 2006 and September 30, 2007. 4. LP will inspire, engage, support and train these youth in identifying nutrition and P A issues to be identified, researched and addressed (per trainings offered by Network staff and partner agency) e 5. LP and PC will participate/attend iil trainings over the course of the pilot year offered by Network's Youth Initiatives Consultant (YIC) and partner agency (Youth In Focus) 6. LP and PC will communicate with Network's YIC staff, via one "on-one calls, every other week. 7. LP and PC will share lessons and strategies with the other selected YE pilot sites, as needed. 8. LP will conduct weekly meeting with the youth group on-site to provide training, assistance and support. Ensure that all aspects of project are youth-led, (not adult- led). 9. Provide all necessary reporting, invOlcmg and other key documentation on a regular, consistent basis to the Network. 10. Attend annual Network related meetings and conferences to share your pilot year "story" -- and bring involved youth to this meeting, as well, as their schedules allow. e e e e Youth Empowennent Pilot Proiect Goals: Create the opportunity and provide funding to support 5 to 7 pilot projects that will engage and activate young champions (age 12-18) among our target audience (Food Stamp Eligible Population), in order to increase fmit and vegetable consumption, increase physical activity and create positive changes. These pilot projects will be similar in nature to the successful youth projects found in other health arenas (tobacco prevention, STD/HIV prevention, and alcohol/drug prevention programs). Funding will be released through our existing channels (LIA or Collaboratives). CAL Teens data/information as well as other resources will be used in the design and planning of these initiatives, when relevant. Training and T.A. will be provided, to these select sites, through Network youth initiatives staff as well as by Youth in Focus - who possess a proven, successful track record in the training of adults and young people on youth development/empowerment projects. 5-7 sites with 10-12 youth in each site, working intimately on program, would result in 50-84 youth leaders that are highly engaged in the launch of this initiative along with their adult leaders. In each site, adult project leaders will coach and assist young people in shaping programs that work towards creating healthier options and increasing opportunities for physical activity. The adult project leaders will attend 4 to 5 trainings over the course of the year, offered by the Network, in order to learn how to best work with youth and support them in peer-led interventions. Empowering youth (ages 12-18) to share the lead with adults, in program development, is key to a program's success. Strong youth and adult partnerships help create an important balance within these programs. Youth voice lends credibility and engages young people in all aspects of the program and the solutions. Participatory programs afford young people the opportunity to articulate their own interests and to play an active role in addressing social and institutional problems affecting their communities. They can reach their peers, in ways that adults cannot. Given the opportunity, youth can be essential players in the implementation of creative strategies to prevent the development of unhealthy behaviors. We can customize the effective strategies that we "borrow" from our partners in Tobacco Control, the Office of AIDS and other health projects to meet the goals we have identified around nutrition, access to healthy options and physical activity. The "lessons learned" from these initial 5 to 7 pilot sites, will be shared in our future training opportunities and through reports and other key methods, in order to share best practices; as well as re-design the initiative as we discover what works and what does not. It will be important to share our "lessons learned" at the annual Adolescent Health Conference sponsored by the California Adolescent Health Collaborative, as well as other key meetings, both locally and regionally relative to youth and health. e Exhibit B Budget summary Network's Youth Empowerment Pilot TOTAL e $14,700 r . tit e e Attachment 1 to Agreement No. 1011967 The following documents are attached and incorporated into the Subcontractor's/Consultant's original of this agreement and are incorporated into this original of the agreement by reference: Exhibit D(F) Exhibit G e e e Cafilorrlla Department of Heartll SerVices Exhibit D(F) Special Terms and Conditions (For federally funded service contracts and grant awards) The use of headings or titles throughout thiS exhibit is for convenience only and shall not be used to Interpret or to govern the meaning of any specific term or condition. The terms "contract", "Contractor" and "Subcontractor" shall also mean "grant", "Grantee" and "Subgrantee" respectively. Index of Special Terms and Conditions 1. Federal Equal Employment Opportunity 18. Novation Requirements Requirements 19. Debarment and Suspension Cerlificatlon 2 Travel and Per Diem Reimbursement 20. Smoke-Free Workplace Certiflcalion 3 Procurement Rules /21 Covenant Against Contingent Fees 4 Equipment Ownership Ilnventory I 22 Payment Withholds DIsposition 123 5 Subcontract ReqUirements Performance Evaluation 6 Income Restrictions 124 OffiCials Not to Benefit 7. Audit and Record Retention 125 Year 2000 Compliance 8. Site Inspection 26. Prohibited Use of State Funds for Software 9. Federal Contract Funds 27. University of California Mutual Indemnification 10 Intellectual Property Rights 28. Use of Small, Minority Owned and Women's 11 Air or Water Pollution Requirements I Businesses 12. Prior Approval of Training Seminars, 29. Ailen Ineligibility Certification Workshops or Conferences 30 Union Organizing 13 Conf,denliality of Information 31. Contract Uniformity (Fringe Benefit 14 Documents, Publications, and Wntten Allowability) Reports 132 Lobbying Restrictions and D'Sclosure 15. Dispute Resolution Process I Certification I 16. FinanCial and Compliance Audit , I ReqUirements 17 Human Subjects Use ReqUirements e e e California Department of Health ServIces. Special Terms and Conditions Exhibit D(F) provIsions including sanclions for noncompliance provided, however, that In the event Ihe Contractor becomes Involved In. or is threatened with litigation by a subcontractor or vendor as a result of such direction by DHS, the Contraclor may request in wriling to DHS, who, In turn. may reauest 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 Reimbursement (Applicable if travel and/or per diem expenses are reimbursed with contract funds.) Reimbursement for travel and per diem expenses from DHS under thiS agreement shall, unless otherwise specified In thiS agreement. be at the rates currently In effect, as established by the California Department of Personnel Administration (DPAl. for nonrepresenled state employees If the DPA rates change dUring the term of the agreement, the new rates shall apply upon their effeclive date and no amendment to thiS agreement shall be necessary. Exceptions to DPA rates may be approved by DHS upon the submission of a statement by the Contractor Indlcaling that such rates are not available to the Contractor No travel outside the Slate of California shall be reimbursed without pnor written authorization from DHS. 3. Procurement Rules (Applicable to all agreements in which equipment, miscellaneous property, commodities and/or supplies are furnished by DHS or expenses for said items are reimbursed with state or federal funds.) a Equipment definitions Wherever the term equipment and/or miscellaneous property is used, the follOWing definlllons shall apply (1) Major equipment: A tangible or intangible item having a base umt cost of $5.000 or more With a life expectancy of one (1) year or more and IS either furnished by DHS or the cost IS reimbursed through thiS agreement Software and videos are examples of Intangible ilems that meet thiS definition. (2) Minor equipment: A tangible item having a base umt cost of less than $5,000 wllh a life expectancy of one (1) year or more that IS listed on the DHS Assel Management Unit's Minor EqUipment list and is either furnished by DHS or the cost is reimbursed through thiS agreement Contractors may obtain a copy of the Minor EqUipment list by making a request through the DHS program contract manager. (3) Miscellaneous property: A specific tangible Item with a life expectancy of one (1) year or more that IS either furnished by DHS or the cost is reimbursed through thiS agreement Examples Include, but are not limited to: furniture (excluding modular furniture), cabinets, typewriters, desktop calculators. portable dictators, non-digital cameras, etc. b. Government and pubHc entities (inclUDing state co:leges/unjvt::rsi[ie~ and auxiliary organizations), whether acting as a contractor and/or subcontractor, may secure all commodilies, supplies, equipment and services related to such purchases that are required in performance of thiS agreement. Said procurements are subject to Paragraphs d through h of PrOVISion 3 Paragraph c of Provision 3 shall also apply, if eqUlpmenl purchases are delegated to subcontractors that are nonprofit organizations or commerCial bUSinesses. ' c Nonprofit organizations and commercial businesses, whether acllng as a contractor and/or subcontractor, may secure commodities. supolies, equipment and services related to such purchases for performance under thiS agreement. (1) EqUipment purcnases shall not exceed $50,000 annually To secure ecuipmeni 2::>OV:! the an:lual maximum Irmil of S50,000. the Cont;-aclm snail r.1ai~e a:-ra:lgements through the appropr:ate DHS program contract manager, to have all remaining .~~ .'c ""-, tit e tit California D@partmentofHeallh Services. Special Terms and Conditions Exhibit D(F) h DHS may, with cause (e,g" with reasonable susPIcion of unnecessary purchases or use of Inapproprrate purchase pracirces, etc,), wlthhoid, cancel, modify, or retract the delegated purchase authority granted under Paragraphs band/or c of ProvIsion 3 by giving the Contractor no less than 30 calendar days wrrtten notice 4, Equipment Ownership / Inventory / Disposition (Applicable to agreements in which equipment and/or miscellaneous property IS furnished by DHS andior when said items are purchased or reimbursed with state or federal funds,) a, Wherever the term equipment and/or miscellaneous property IS used in ProvIsion 4, the definitions In Provision 3, Paragraph a shall apply, All equipment and/or miscellaneous property that are purchased/reimbursed with agreement funds or furnished by DHS under the terms of thiS agreement and not fully consumed In performance of thiS agreement shall be considered state equipment and the property of DHS, (1) DHS requires the reporting, tagging and annual inventorying of all equipment and/or miscellaneous property that is furnished by DHS or purchased/reimbursed with funds prOVided through thiS agreement. Upon receipt of equipment and/or miscellaneous property, the Contractor shall report the receipt to the DHS program contract manager To report the receipt of said items and to receive property tags, Contractor shall use a form or format designated by DHS' Asset Management Unit. If the approprrate form (ie" Contractor Equipment Purchased with DHS Funds) does not accompany this agreement, Contractor shall request a copy from the DHS program contract manager. (2) If the Contractor enters Into an agree!'11ent with a term of more than twelve months, the Contractor shall submit an annual inventory of state equipment and/or miscellaneous property to the DHS program contract manager uSing a form or format designated by DHS' Asset Management Unit. If an Inventory report form (ie" Inventory/Disposition of DHS-Funded EqUipment) does not accompany thiS agreement, Contractor 'shall request a copy from the DHS program contract manager,' Conlractor shall. (a) Include in the Inventory report, equipment and/or miscellaneous property In the Contractor's possession andlor In the possession of a subcontractor (inctudlng Independent consultants), (b) Submit the Inventory report to DHS according to the instructrons appearing on the Inventory form or Issued by the DHS program contract manager, (c) Contact the DHS program contract manager to learn how to remove, trade-In, sell, transfer or survey off, from the inventory report, expired equipment andlor miscellaneous property that is no longer wanted, usabfe or has passed its life expectancy instructions will be supplied by DHS' Asset Management Unit. b, Title to state equipment andior miscellaneous property shall not be affected by its incorporation or attachment to any property not owned by the State, c Unless otherwise stipulated, DHS shall be under no obligation to pay the cost of restoration, or rehaoilltatlon of the Contractor's andlor Subcontractor's faclllly which may be affectea by the removal of any state eqUipment andlor miscellaneous property, d The Contractor and/or Subcontractor shall maintain and administer a sound business program for ensurrng the proper use, maintenance, repair, protection, insurance and preservation of state equipment andior mlscel:aneous property, (1) !r: administering thlS provisior:. DHS r.;ay req:J:!'"e the Cor;tiaclor andior Subcontractor to re03lr 01' ,ep:ace to DHS' satIsfaction, any damaged, losl or stolen s~ate equIpment andlor e e e California Department 01 Health Services. Special Terms and Conditions Exhibit D(F) (b) The Contractor and/or Subcontractor shall, as soon as practical, furnish a copy of the certificate of Insurance to the DHS program contract manager (c) The Contractor andlor Subcontractor agree that Dodily Injury and property damage Ilablilly insurance, as required herein, shali rema'n In effect at all times during the term of th:s agreement or until such time as the mOlar vehicle is returned to DHS. (d) The Contractor and/or Subcontractor agree 10 provide, at least Ihirly (30) days prror to the exprratlOn date of said Insurance coverage, a copy of a new cerlificale of Insurance eVidenCing continued coverage, as Indicated herein, for not less than the remainder of tne term of thiS agreement. the term of any extension or continuation thereof, or for a perrod of not less than one (1) year. (e) The Contractor and/or Subcontractor, if not a self-insured government and/or public entily, must provide evidence, that any required certificates of insurance contain the follOWing proviSions: [1J The insurer will not cancel the insured's coverage without giving thirty (30) calendar days prror wrrtten notice to the State (California Department of Health Services). [2J The State of California, its officers, agents, employees, and servants are included as additional insureds, but only with respect to work performed for the Stale under thiS agreement and any extension or conlinuation of thiS agreement. [3J The insurance carrier shall notify the State of California Department of Health Services, in writing, of the Contractor's failure 10 pay premiums; its cancellation of such policies, or any other substantial change, including, but not Irmried to, the status, coverage, or scope of the reqUired Insurance. Such notices shall contain a reference 10 the agreement 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 Services (DGS), Office of Risk and Insurance Management. The Contractor shall be nOlified by DHS, in writing, if this provIsion is applicable to this agreement. If DGS approval of the certificate of insurance is reqUired, the Contractor agrees that no work or serVices shall be perform ed prior to obtaining said approval. (g) In the event the Contractor and/or Subcontractor fails to keep insurance coverage, as reqUired herein, In effect at all times durrng vehicle possession, DHS may, in addition to any other remedies it may have, termlnale this agreement upon the occurrence of such event. 5. Subcontract Requirements (Aopllcable to agreements under which services are to be performed by subcontractors Including Independent consultants.) a Prior written authorization will be required before the Contra:tor entei"S into or is reimbursed for any subconlracl for serVices costing $5,000 or more Except as indicated In Paragraph a(3) ne,eln, when securrng subcontracts for services exceeding $5,000, the Contractor shall obtain al least three bids or Justify a sole source award. (1) The Contractor must provide in its request for authorrzation, all particulars necessary for evalua!rng the necessity or desirability of Incurring such cost. (2) Tne State may iden!rfy the information needed to fulfill thiS requirement. e e e California Department 01 Healll1 Seno'tces. Special Terms and Conditions Exhibit D(F) Contractor shall, as ap;Jllcable, advise all subcontractors of therr obligations pursuant to the iollowlng numbered provisions of Ihls Exhibit. 1,2,3,4,5,6,7,8,10,11,12,13,14,17,19,20, 24, and 32 6. Income Restrictions Unless otherwise stipulated in this agreement, the Contractor agrees that any refunds, rebates, credits, or other amounts (Including any interest thereon) accruing to or received by the Contractor under thiS agreement shall be paid by the Contractor to DHS, to the extent that they are properly a!locable to costs for which the Contractor has been reimbursed by DHS under this agreement. 7. Audit and Record Retention (Applicable to agreements In excess of $10,000.) a. The Contraclor andlor Subconlractor shall maintain books, records, documents, and other eVidence, accounting procedures and practices, sufficient to properly reflect all drrect and Indirect costs of whatever nature claimed to have been Incurred In the performance of thiS agreement, Including any matching costs and expenses. The foregOing constitutes "records" for the purpose of thiS prOVIsion. b. The Contraclor's and/or subcontractor's facility or office or such part thereof as may be engaged In the performance of this agreement and hlslher records shall be subject at all reasonable times to inspection, audit, and reproduction. c Contractor agrees that DHS, the Department of General Services, the Bureau of State AuditS, or their deSignated representatives including the Comptroller General of the United States shall have the rrght to review and to copy any records and supporting documentation pertaining to the performance of thiS agreement. Conlractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Contractor agrees to include a similar rrght of the State to audit records and interview staff in any subcontract related to performance of thiS agreement. (GC 8546.7, CCR Title 2, Section 1896). d. The Contractor andlor Subcontractor shall preserve and make available his/her records (1) for a perrod of three years from the date of final payment under this agreement, and (2) for such longer perrod, if any, as is required by applicable statute, by any other provIsion of thiS agreement, or by subparagraphs (1) or (2) below. (1) If thiS agreement 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 litigallon, claim, negotiation, audit, or other aclion involving the records has been started before the expiration of the three-year period, the records stlall be re:alned until completion of the action Clnd resolution of all issues which aiise from it, or untif the end of th~ regular three- year perrod, whichever IS later. e The Contractor and lor Subcontractor shall comply with the above requi'ements and be aware of the penalties for Violations of fraud and for obstruction of investigation as set forth In Publrc Contract Code S 10115.10, if applicable , ,. The Contractor andlor Subcontractor may, at its discretion, following receipt of final payment under tnls agreement, reduce its accounts, books and records related to thiS agreement 10 microfilm, computer disk, CD ROM, or olner data storage medium. Upon request by an authorized representative to Inspect, audit or obtain caples of said records, the Contractor andlof Subcontractor must suoply 0" make avaiJaDle applicable deVices. nardware. anGlor software necessar~' to vIew. copy and/or pnnt said records fJ,pp!lcabJe dev:::;es may Incluci~, bu! are nol il,'T1ltec: to. m,uofm,) reacers and microfilm pnnter5. eiC California Department of Health Services. Special Terms and Conditions Exhibit D(F) e those final products Works does not Include articles submitted to peer review or reference Journals or independent research prOjects (3) In the performance of this agreement, Contractor will exercise and utilize ceriain of lis Intellectual Property In eXistence pnor to the effective date of this agreement In addition, under this agreement, Contractor may access and utilize certain of DHS' Intellectual Property in existence prior to the effective date of this agreement Except as otherwise set forth herein, Contractor shall not use any of DHS' Intellectual Property now eXisting or hereafter eXisting for any purposes without the prior written permission of DHS. Except as otherwise set forth herein, neither the Contractor nor DHS shall give any ownership interest in or rights to its Intellectual Property to the other Party, If dunng the term of this agreement. Contractor accesses any third-party Intellectual Property that is licensed to DHS, Contractor agrees to abide by all license and confidenliality restriclions applicable to DHS In the thlrd- party's license agreement (4) Contractor agrees to cooperate with DHS in establishing or maintaining DHS' exclusive nghts In the Intellectual Property, and in assuring DHS' sole nghts against third parties with respect to the Intellectual Property. If the Contractor enters into any agreements or subcontracts wilh other parlies In order to perform this agreement, Contractor shall require the terms of the agreement(s) to include all Intellectual Property provIsions. Such terms must Include, but are not limited to, the subcontractor assigning and agreeing to assign to DHS all rights, title and Interest in Intellectual Property made, conceived, derived from, or reduced to practice by the subcontractor, Contractor or DHS and which result direclly or Indirectly from this agreement or any subcontract e (5) Contractor further agrees to assist and cooperate With DHS in all reasonable respects, and execute all documents and, subject to reasonable availability, give testimony and take all further acts reasonably necessary to acquire, transfer, maintain, and enforce DHS' Intellectual Property nghts and Interests. b. Retained Rights / License Rights (1) Except for Intellectual Property made, conceived, derived from, or reduced to practice by Contractor or DHS and which result directly or indirectly from thiS agreement, Contractor shall retain title to all of ItS Intellectual Property to the extent such Intellectual Property is In eXistence pnor to the effective date of thiS agreement. Contractor hereby grants to DHS, Without additional compensation, a permanent, non-exclusive, royalty free, paid-up, worldWide, irrevocable, perpetual, non-terminable license to use, reproduce, manufacture, sell, offer to sell, import, export, modify, publiCly and privalely display/perform, dlstnbute, and dispose Contractor's Intellectual Property with the nght to sublicense through mull/pie layers, for any purpose whatsoever, to the extent It is Incorporated In the Intellectual Property resulting from thiS agreement, unless Contractor assigns all nghts, title and interest in the Intellectual Property as set forth herein. (2) Nothing In thiS proviSion shall restnct, limit, or otherwise prevent Contractor from uSing any ideas, concepts, know-how, methOdology or techniques related to its performallce under lhlS agreement, provided that Contractor's use does not Infnnge the patent, copynght, trademarK rights, license or other Intellectual Property nghts of DHS or third party, or result In a breach or default of any provisions of thiS Exhlbll or result In a breach of any provIsions of law relaling to confidentiality. c. Copyright e (1) Contractor agrees that for purposes of Copynght law. all works ias defined In Section a, subparagraph (2)(a) of thiS provIsion] of authorship made by or on behalf of Contractor In connection With Contractor's performance of thiS agreement shall be deemed "worf:s made fO" hire". Conrractor furtner agrees thai the work of each person utilized by Contractor In connection with the performance 0: thiS agreement wil! be a "work made TO!" nlre," whether that persoi'1 IS an emplo/ee of COlltra::to" or that person has emeree Into an agreement WIth Contractol' to Derform the WOlt, C;cntractor shall enter Into a written agreement With any suCh Callforma Department of Health ServlI::es. Special Terms ana Conditions Exhibit D(F) e (e) It has secured and will secure all nghts and licenses necessary for Intellectual Property Including, but not limited to, consents, waivers or releases from all authors of musIc or performances used, and talent (radio, televIsion and molion picture talent), owners of any Interest In and to real estate, sites, locations, property or props that may be used or shown (f) It has not granted and shall not grant to any person or entity any fight that would or might derogate, encumber, or Interfere with any of the rights granted to DHS In this agreement (g) It has approDriate systems and controls In pi ace to ensure that state funds will not be used in the performance Df this agreement for the acouisitlon, operatiDn or maintenance of cDmputer software in vlDlatlon of copynght laws (h) It has no knowledge Df any outstanding claims, licenses or other charges. liens, or encumbrances of any kind or nature whatsoever that could affect In any way Contractor's performance of this agreement. (2) DHS MAKES NO WARRANTY THAT THE INTEllECTUAL PROPERTY RESULTING FROM THIS AGRE!::MENT DOES NOT INFRINGE UPON ANY PATENT, TRADEMARK, COPYRIGHT OR THE LIKE, NOW EXISTING OR SUBSEQUENTLY ISSUED. g. Intellectual Property Indemnity e (1) Contractor shall indemnify, defend and hold harmless DHS and its licensees and assignees, and its officers, directors, employees, agents, representatives, successors, and users of its products, ("Indemnltees") from and against all claims, actions, damages, losses, liabilities (or actions or proceedings with respect to any thereof). whether or not rightful, anslng from any and all actions or claims by any third party or expenses related thereto (including, but not limited to, all legal expenses, court costs, and attorney's fees Incurred in Investigating, preparing, serving as a witness In, or defending against. any such claim, action, or proceeding, commenced or threatened) to which any of tl1e Indemnitees may be subject, whether or not Contractor IS a party to any pending or threatened litigation, which anse out of or are related to (i) the Incorrectness or breach of any of the representalions, warranties, covenants or agreements of Contractor pertaining to Intellectual Property, or (ii) any Intellectual Property Infnngement, or any other type of actual or alleged Infnngement claim, an sing out of DHS' use, reproduction, manufacture, sale, offer to sell, dlstnbulion, Import, exeort, modification, public and pnvate performance/display, license, and diSposition of the Intellectual Property made, conceived, derived from, or reduced to practice by Contractor or DHS and which result directly or Indirectly from this agreement. This Indemnity obligation shall apply Irrespective of whether the Infnngement claim is based on a patent, trademark or copynght registration that Issued after the effective date of this agreement. DHS reserves the fight to partiCipate In andior control. at Contractor's expense, any such rnfflngement aclion brought against DHS e (2) Should any Intellectual Property licensed by the Contractor to DHS under this agreement become the subject of an Intellectual Property infflngement claim, Contractor will exerCise lis authoflty reasonably and in good faith to preserve DHS' fight to use the licensed Intellectual Property In accoraance with thiS agreement at no expense to DHS. DHS shall have Ihe fight to monitor and appear through its own counsel (at Contractor's expense) In any such claim or aclion. In the defense or settlement of the claim, Contractor may obtain the nght for DHS to continue uSing the licensed Intellectual Property; or, replace or modify the licensed Intellectual Property SD that the replaced or modified Intellectual Property becomes non-Infflngrng prOVided that such replacement or modlf,calion IS funclionally eqUivalent to the onglnal licensed Intellectual Properly. If such remedies are not reasonably available, DHS shall be entitled to arefund of all monies paid unaer thiS agreement, without restrrctlon or limltalion of any other fights and remedies available at law or In equity. (3) Cont:'acto' agrees thai damages alone wouid be Inadequate to compe~sate DCiS for breach 0: any terrn cf thiS Inteliec:Li2: Property =xnl~!! ::>y Contractor Con:ra::oi acknowledges D:-lS WO;Jlc' s:Jffe" Irreparabie r.arm In tnB even! of SJcn breacil and agrees OriS shall be entltlec' 10 e e e California Depanment ot Heallh Services.. Special Terms and ConditIons Exhibit OfF} d The Contractor shall not disclose, except as otherwise specifically permitted by this agreement or authonzed by the ciient, any such IdentifYing rnformation to anyone other than DHS without prior wr:llen authonzalion from the DHS program contract manager. e. For purposes of this provIsion, 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 pnnt or a photograph. 14. Documents, Publications and Written Reports (Applicable to agreements over $5,000 under which publications, wnl!en reports and documents ale developed or produced. Government Code Section 7550.) Any document, publication or wrilten report (excludrng progress reports, financial reports and normal contract communlCalions) prepared as a requirement of this agreement SMII contain, In a separate section preceding the main body of the document, the number and dollar amounts of all contracts and subcontracts relating to the preparation .of such document or report, if the total cost for work by nonemployees of the State exceeds $5,000 15. Dispute Resolution Process a A Contractor grievance eXists whenever the Contract believes there IS a dispute ansing from DHS' action In the administration of an agreement. If the Contractor believes there is a dispute or grievance between the Contractor and DHS, both parties shall follow the procedure outlined below. (1) The Contractor should first discuss the probiem informally with the DHS program contract manager. If the probtem cannot be resolved at this stage, the Contractor shall direct ItS gnevance together with any evidence, In writing, to the program Branch Chief The gnevance sr,all state the Issues In dispute, the legal authonty or other baSIS for the Contractor's pOSition and the remedy sought. The Branch Chief shall make a determination on the problem Within ten (10) working days after receipt of the wntten communication from the Contractor. The Branch Chief shall respond in wriling to the Contractor Indlcaling the deCision and reasons therefore. Should the Contractor disagree with the Branch Chief's deCISion, the Contraclor may appeal to the second level. (2) The Contractor must prepare a letter indicating the reasons for disagreement with Branch Chief's deciSion. The Contraclor shall include With the letter a copy of the Contractor's original statement of dispute With any supporting documents and a copy of the Branch Cnlef's response. ThiS letter shall be sent to the Deputy Dlreotor of the diVISion in which the branch is organized within ten (10) working days from receipt of the Branch Chief's deCISion. The Deputy Director of the division funding this agreement or his/her designee shall meet with the Contractor to review the issues raised. A written deCision Signed by the Deputy Director of the diVISion funding thiS agreement or his/her deSignee shall be returned to the Contractol' within twenty (20) working days of receipt of the Contractor's letter. b. If the Contractor wishes to appeal the deCision of the Deputy Director of the diVision funding thiS agreement or his/her designee, the Contractor shall follow the procedures set forth In D,VISiOn 25.1 (commenCing With Seclion 38050) of the Health and Safely Code and the regulations adopted thereunder. (Title 1, Subchapter 2.5, commencing With Section 251, California Coae of Regulations.) c Disputes anslng out of an audit, examination of an agreement or other action not covered by subdivIsion (a) of Section 20204, of Chapter 2.1, Tille 22, of tne California Code of Regulations, and for which no procedures for appeal are provided In statute, regulat!on or the agreement, shall be handled In accordance wilh the procedures identified In Sections 51016 through 51047, Title 22, California Code of Regulations. o Unless othe:lI/lse stipula!ed by DHS. d:sputs, grrevance and/m appea: correspondence sria!: De d!reCled to thE: Dr-:S program conrract manager e e e Califotnla Department of Health Services. Special Terms and Condihons Exhibit D(F) f. The Stale or Its authOrized designee, Including the Bureau of State Audits, IS responsIble for conducting agreement performance audits which are not financIal and compliance audits. Performance audIts are defined by Generally Accepted Government Auditing Standards. g. Nothing In thiS agreement limits the State's responsibility or authority to enforce Stale law or regulations, procedures, or reporting requirements arising thereto. h. Nothing in this provision limits the authonty of the State to make audits of thiS agreement, provided however, that if independent audits arranged for by tne Contractor meet Generally Accepted Governmental Auditing Standards, the State shall rely on those audits and any additional audit work and shall bUild upon the work already done I. The State may, al Its opllon. direct its own audItors to perform ellher of the audits descnbed above. The Contractor will be gIven advance wntten notificatIon, if the State chooses to exerCise Its option to perform said audits. J. The Contractor shall Include a clause in any agreement the Contractor enters Into With the audll firm dOing the single organization Wide audit to provide access by the State or Federal Government to the working papers of the independent auditor who prepares Ihe SIngle organization wide audit for the Contractor. k. Federal or state auditors shall have "expanded scope auditing" authority to conduct specifIC program audits dunng the same penod in whIch a Single organization wide audit is beIng performed, but the audit report has not been issued. The federal or state auditors shall review and have access to the current audit work being conducted and will not apply any testing or review procedures which have not been satisfied by previous audit work that has been completed. The term "expanded scope auditing" is applied and defined in the U.S General Accounling Offrce (GAO) Issued Standards for Audit of Government Orgamzatlons. Programs. ActIVities and Functions, bettel known as the "yellow book". 17. Human Subjects Use Requirements (Applicable only to federally funded agreements/grants in which performance, directly or through a subcontracl/subaward, Includes any tests or examinalion of matenals denved from the human body.) By sIgnIng thiS agreement, Contractor agrees that jf any performance under thIS agreement or any subcontract or subagreement Includes any tests or examInation of malenals denved from the human body for the purpose of providIng Informallon, 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 (CLlA) and the regulatIons thereunder. 18. Novation Requirements If the Contractor proposes any novation agreement, DHS shall act upon the proposal withIn 60 days after receipt of the written proposal. DHS may revIew and conSider the proposal, consult and negotIate with the Contractor, and accept or reject all or part of the proposal. Acceptance or rejectIon of the proposal may be made orally Within the 60-day period and confirmed In wntlng WIthin five days of said deCISion. Upon written acceptance of the proposal, DHS will Initiate an amendment to thiS agreement to formally Implement the approved proposal. 19. Debarment and Suspension Certification (Applicable to all agreements funded In part or whole With federal funds.) a. By signing thiS agreement, the Contractor/Grantee agrees to comply With applicable iederal suspension and debarment reguiatlons Inciudlng, but no! ilml!ee to 7 C:=R Par: 3017. 45 CFR 76. 40 C:=R 3::: a! 34 CFR 85. e e e California Oepartmenl of Health Services. SpecIal Terms and Conditions Exhibit D(F) c. By signing this agreement, Contractor or Grantee certifies that it will comply with the reqUIrements of the Act and will not allow smoking w;thin any portion of any Indoor facility usee for the prOVIsion of services for children as defined by the Act. The prohibitions herem are effective December 26,1994. d Contractor or Grantee further agrees thai it will Insert thiS certification Into any subawards (subcontracts or subgrants) entered Into that provide for children's services as described In the Act 21. Covenant Against Contingent Fees (Applicable only to federally funded agreements.) The Contractor warrants that no person or selling agency has been employed or retained to solicit/secure thiS agreement upon an agreement of understanding for a commission, percentage, brokerage, or contingent fee, except 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, DHS shall have the right to annul thiS agreement without liability or in ItS discretion to deduct from the agreement price or consideration, or otherwise recovel', the full amount of such commiSSion, percentage, and brokerage or contingent fee. 22, Payment Withholds (Applicable only if a final report IS required by this agreement Not applicable to government entitles.) Unless waived or otherwise stipulated in this contract, DHS may, at its discretion, Withhold 10 percent (10%) of the face amount of the agreement, 50 percent (50%) of the final invoice, or $3,000 whichever IS greater, until DHS receives a final report thai meets the terms, conditions and/or scope of work requirements of this agreement. 23. Performance Evaluation (Not applicable to grant agreements.) DHS may, al ItS discretion, evaluate the performance of the Conlractor al the conclusion of this agreement. If performance IS evaluated, the evaluation shall not be a publiC record and shall remain on file With DHS. Negalive performance evaluations may be considered by DHS prior to making future contract awards. 24. Officials Not to Benefit No members of or delegate of Congress or the Stale Legislature shall be admitted to any share or part of thiS agreement, or 10 any benefit that may arise therefrom. This prOVISion shall not be construed 10 extend 10 thiS agreement if made with a corporation for its general benefits. 25. Year 2000 Compliance (Applicable to agreements In which Information Technology (IT) services are provided to DHS or If IT. equipment is procured.) The Contractor warrants and represents that the goods or services sold, leased, or licensed to the Stale of California, ItS agencies, or its polilical subdivisions, pursuant to thiS agreement are "Year 2000 Compliant." For the purposes of this agreement, a good or services IS Year 2000 compliant if It will continue to fully funclion before, ai, and after the Year 2000 wlthoul interruption and, if applicable, with full ability to accurately and unambiguously process, display, compare, calculate, manipulate, and otherWise utilize daie Information ThiS warranty and representation supersedes all warranly disclaimers and Ilm:tatlons and alllimitalions on IlabilllY prOVided by or Ihrough Ine Cont,actor e e e "---' California Department of Health Services. Special Terms and Sondilions Exhibit D(F) 30. Union Organizing (Applicable only to grant agreements.) Grantee'. by signing this agreement. hereby acknowledges the appllcabi!lty of Government Code 16645 through 16649 to this agreement Furthermore. Grantee. by signing this agreement, hereby certifies tr,at: a No state funds disbursed bl' this grant will be used to ass is!, promote or deter union organizing b. Grantee shall account for state funds disbursed for a specific expenditure by this grant. to show those funds were allocated to that expenditure. c Grantee shall. where state funds are not designated as described in b herein, allocate. on a pro- rata basIs. all disbursements that support the grant program. d. If Grantee makes expenditures to assist, promote or deter union organizing. Grantee will maintain records suffiCient to show that no state funds were used for those expenditures. and that Grantee shall provide those records to the Attorney General upon request. 31. Contract Uniformity (Fringe Benefit Allowability) (Applicable only to nonprofit organizations.) Pursuant to the provisions of Article 7 (commencing with Section 100525) of Chapter 3 of Part 1 of D,v,sion 101 of the Health and Safety Code. OHS sets forth the following policies. procedures. and guidelines regarding the reimbursement of fnnge benefits. a. As used herein frrnge benefits shall mean an employment benefit giver. by one's employer to an employee in addition to one's regular Or normal wages Or salary. b. As used herein, frrnge benefits do not include: (1) 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 satanes and wages, annual leave, vacation, sick leave, holidays. Jury dUlY and/or military leave/training. (2) Director's and executive committee member's fees. (3) IncentJve awards and/or bonus Incentive pay (4) Allowances for off -site pay. (5) Location allowances. (6) Hardship pay. (7) Cost-of-livlng dlfferentJals c Specific allowable frrnge benefits Include: (1) Fringe benefits in the form of employer contributJons for the employer's portion of payroll taxes (I e., FICA, SUI, SOl). employee health plans (i.e., health, dental and viSion), unemployment Insurance. worker's compensation insurance, and the employer's share of penslOnlretICement plans. provided they are granted In accordance with established written organization policies and meet all legal and Internal Revenue Service requirements. d. To be an allowable fringe benefit, the cost must meet the follOWing crltena: (1) Be necessary and reasonable for the performance of the agreement. (2) Be determined In accordance with generally accepted accounting principles. (3) Be consistent with policies that apply uniformiy to all actJvilies of the Contractor f: CO.'lI~actor agrees t~lat all frin:JE benefits shai: be 8: ac:~al cost. e e e California Department of Health Services. Special Terms and Conditions Exhibit D(F) (3) Each reCipient shali fiie a disclosure form at the end of each caiendar quarter In which there occurs any event that requires disclosure or that materially affect the accuracy of tr,e Information contained in any disclosure form previously filed by such person under Paragrapn a(2) herem. An event tnat materially affects the accuracy of the Iniormalron reported InclGdes. (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; (b) A change In the person(s) or individuals(s) influencing or attempting to influence 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 a(1) of thiS provision a contract, subcontract, grant or subgrant exceeding $100,000 at any tier under a contract or grant shall file a certification, and a disciosure form, if required, to the next ller above. (5) All disclosure forms (but not certifications) shall be forwarded from tier to tier until received by the person referred to in Paragraph a(1) of thiS proviSion. That person shall forward all disclosure forms to DHS program contract manager. b Prohibition Section 1352 of Title 31, U.S.c., provides in part thai no appropriated funds may be expended by the recipient of a federal contract, grant, loan, or cooperative agreement to pay any person for InfluenCing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered federal actions: the awarding of any federal contract, the making of any federal grant, the making of any federal loan, entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. . . . Caljfornia Department of Health Services. Special Terms and Conditions Exhibit D(F) Attachment 2 CERTIFICATION REGARDING LOBBYING Complete this form to disclose lobbYing actIvities pursuant to 31 U,SC. 1352 (See reverse for public burden disclosure) "1I""O<fC ~..OMe OJle.(li..c; 4 Type of Feoeral Action: o a contracl b grant c. cocperative agreement d. loan e. loan guarantee f. loan Insurance Name ar.d Adaress of Reporting Entity' I 5 Year quarter date of rast report If Reporting Entity in NO.4 IS Subaw3rdee, Enter Name and Adaress of Prime: 12 Stalus of Federal Acllon: o a. bid/offer/application b. initial award c. post-award 3. Report Type' D a. milial filing b. materia! change For Material Change Only: o Prime o Subawardee Tier . if known: Congressional District. If known: 6. Federal Department/Agency: Congressional District, If known' 7. Federal Program Name/Descriplton: 8 Federal Action Numoer, if known' CDFA Number, if applicable 9. Award Amount, jf known: 10 a. Name and Address of Lobbying Entity (If IndiVIdual, lasl name, firsl name. MIl' b, Name and Address of Lobbying Entity (If individual, last name, first name. MI): (attach Continuation Sheets(s) SF-Lll~A. If necessary) i 1. Amount of Payment (Check aU that apply): 13. Type of Payment (cheCk all tMa! apply}: $ 0 actual 0 planned 0 a. retainer 12. Form of Payment (check aflthat apply): 0 b. one~tlme fee o c. commISSIon o d contingent lee Nature 0 e deferred Value j 0 f. other, specify: Brief Descnpllon of ServIces Performed or to be Performed and Dates(s} of ServIce, Including Offlcer/5), Employee(s), or Member(s) Contracted for Payment indicated lO Hem 11: o a. cash o b. in~kind, specify: 14 (Aftach Continual ion Sheel(s) SF-LLL-A, If necessary) 15 ContlOuauon Shee:(s) SF-LLl.A Attached: 0 Yes 0 No 16 InformatIon requested through this form is authorized by Tille 31, U.SC., Section 1352. Th:s dlsdosure of lobbying activities is a Signature' matena! representation of fact upOn whIch reliance was placed by the tier above when thiS transaction was made or Print Name entered Into ThiS dlsciosure IS required pursuant to Title 31, use, Se:::tlon 1352 This Information will be reaor1ed to the Congress semiannually and wHl be available for pUblic TIlle: InspectIon Any person who falls. to file the required disclosure shall be subject to a Civil penalty of nolless than $19,000 and Telephone No,: not more than $100.000 for each such failure. Oa.e Federal Use Only I Authorrzed for Local Reproduction I Stanaard Form-LLl -------1 Exhibit G . Department at Health ServIces . . Travel Reimbursement Information Effective October 1, 2001 The following rate p~licy 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 a contract employee leaves his or her home or headquarters. "Headquarters" is defined as the place where the contracted personnel spends the largest portion of their working time and returns 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 exhibit to determine the reimbursement allowance. All lodging must be receipted. If contractor does not present receipts, lodging will not be reimbursed. (1) Lodging (with receipts): Travel Location I Area Reimbursement Rate Statewide (excluding the counties identified below) $ 84.00 plus tax Counties of Los Angeles and San Diego $110.00 plus tax Counties of Alameda, San Francisco, San Mateo, and Santa Clara. $140.00 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. Meal/ Expense Reimbursement Rate Breakfast $ 6.00 Lunch $ 10.00 Dinner $ 18.00 - Incidental $ 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-of-state travel, contractors may be re~mbufsed 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 bullelin. . 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. Exhibit G (Continued) .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 rales. 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 34 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 37 cents per mile. 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. 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. Travel Reimbursement Guide Length of travel period Less than 24 hours This condition exists... Allowable Meal(s) Travel begins at 6:00 a.m. or earlier and continues until 9:00 a.m. or later. Breakfast I_ess than 24 hours . Travel period ends at least one hour after the regularly scheduled workday ends, or Dinner . Travel period begins prior to or at 5:00 p.m. and continues beyond 7:00 p.m. 24 hours Travel period is a full 24-hour period determined by the time thai the travel period begins and ends. Breakfast, lunch, and dinner Last fractional part of more than 24 hours T ravel period is more than 24 hours and traveler returns at or after 8:00 a.m. Breakfast Travel period is more than 24 hours and traveler retums at or after 2:00 p.m. Lunch Travel period is more than 24 hours and traveler I returns at or after 7:00 p.m. I Dinner .