California Department of Veterans Affairs Agreement Number: 26BS0001 Exhibit A - Scope of Work TBD

FIRE SAFETY SYSTEM MAINTENANCE AND REPAIR SERVICES

1. INTRODUCTION/SERVICES

A. The Contractor shall provide services, as specified, to the California Department of Veterans Affairs

(CalVet). The Contractor shall provide services at the Veterans Home of California - Barstow (Home), located at 100 East Veterans Parkway, Barstow, CA 92311. The Contractor shall provide all labor, materials, staff, transportation, licenses, permits, and every other item of expense necessary, unless otherwise stated, to provide Fire Safety System Maintenance and Repair Services. Services shall be provided at the Home, upon request and in compliance with the terms of this Agreement.

B. All work shall be coordinated and approved by the Contract Manager or designated representative.

Services relating to the Fire Safety System Maintenance and Repair shall be performed during standard business hours, 8:00 am to 4:30 pm, Monday through Friday, unless otherwise specified. Services relating to the Kitchen Hood Cleaning shall be performed outside of normal business hours so that kitchen staff and meal preparation duties are not disrupted. An exact time shall be agreed upon between the CalVet Contract Manager or designated representative and the Contractor after the receipt of the executed agreement. No work is to be performed on State holidays or on an overtime basis unless prior approval is received in writing from the CalVet Contract Manager, prior to this work taking place. Any and all services performed outside the scope of this Agreement or not approved by the Contract Manager or designated representative will be at the sole risk and expense of the Contractor.

C. The Contractor must be able to perform the tasks associated with providing services under the scope of their license. The Contractor will provide services in accordance with federal and state laws and regulations and CalVet policies.

D. The Contractor is not authorized to deliver or commence performance of services as described in the

Agreement until written approval has been obtained from CalVet Contract Manager and the Contractor has received an executed contract from CalVet. Any delivery or performance of service commenced prior to the Contractor obtaining all written approvals shall be considered voluntary on the part of the Contractor.

2. EQUIPMENT

Equipment Quantity Smoke detectors 337 Duct detectors 128 Manual pull stations 30 Fire sprinkler risers 9 Electromagnetic fire doors 33 sets

A. The following equipment is included in this Agreement:

11 each 337 each

Honeywell XLS3000-CPUD Smoke Detectors

128 each Duct Detectors 30 each 110 each 128 each 1 each 134 each

ALL

50 each 18 each

Manual Pull Stations Smoke Dampers Chimes/Horns Central Processing Units Audio/Visual Devices Door Closers (Smoke & Slave) Magnetic Door Hold Opens Flow Switches (Sprinkler &NC)

ALL

2 each 4 each 2 each 9 each 6 each 6 each 36 each 48 each

ALL

ALL

1 each 2 each 9 each 1 each 4 each 33 sets

All internal Components Keyboards Roll Down Doors (Electrical Components) Auto Dialers Heat Detectors Bells Annunciators Batteries Relays Wiring Circuit Boards Printer Monitors Fire Sprinkler Risers R-102 Wet AVEC Chemical System Roll Down Fire Doors Electromagnetic Fire Doors

B. Any other component connected to the system not listed here but required for system operation.

C. The State reserves the right to delete or add similar equipment listed above. Additional equipment will be serviced as specified herein at the rates indicated in Exhibit B-1. The Contractor will be notified in writing by the Contract Manager of equipment that has been added and/or removed from the list.

3. MINIMUM QUALIFICATIONS

A. The Contractor must be licensed to conduct business in California.

B. All services performed under this Agreement shall be performed onsite by at least two (2) qualified service technicians in the employ or under the direction of the Contractor.

C. The Central Fire Safety System is a Honeywell Fire Alarm system; therefore, the Contractor shall provide technicians trained in Honeywell Fire Alarm systems or technicians with a minimum of three (3) years of experience working with fire alarm/safety systems. The Contractor shall provide the State with proof of the required training for each service technician providing services under this Agreement. Acceptable proof may be a resume showing experience, training, and/or factory school completion.

4. LICENSES, PERMITS, AND CERTIFICATION REQUIREMENTS

A. The Contractor shall possess and maintain a valid Type C-10 Electrical Contractor License and/or Type

C-16 Fire Protection Contractor License issued by the California Contractors State License Board (CSLB). The Contractor shall also possess other appropriate fire system maintenance licenses certificates, and provide copies of State of California Life Safety journeymen certificates. Both C-10 and C-16 licenses are required for the performance of this contract, and either license may be held by the prime contractor or subcontractor. If the prime contractor only has one of the required licenses (for example, the C-16), a subcontractor with the other required license (the C-10) must be used to perform the work that will fall under that specific license.

B. The Contractor shall ensure all licenses, permits, and certification requirements are verified and current throughout the term of this Agreement.

5. CONTRACTOR’S RESPONSIBILITIES

A. The Contractor shall provide the following services and shall respond within twenty-four (24) hours of notification from the Home:

1. The Contractor will be responsible for preventive maintenance, full maintenance, inspections, testing, cleaning, and incidental repair (up to $9,000.00 for the term of the agreement) of all equipment associated with the Fire Safety System.

2. The Contractor’s personnel shall be fully trained and knowledgeable about all components and equipment used in the various Fire Safety Systems at the Home.

3. The Contractor shall provide Plant Operations with a monthly schedule of workdays when technicians will be on site to perform services. This schedule must be approved by the CalVet Contract Manager or designee.

4. The Contractor shall check in with the CalVet Contract Manager, or designee, prior to commencing work and shall turn in a written report along with the printout from the Central Fire Safety Monitor before checking out. Written reports shall include the location of work performed and a description of the work performed.

5. Each time a service is performed, the Contractor shall pick up inspection, testing, and maintenance logs in the Plant Operations Office when checking in and update the logs as services are performed.

Logs have sheets for every building and shall be returned to Plant Operations when checking out.

6. Inspection, testing, and maintenance shall be done in accordance with the National Fire Protection Association (NFPA) and State Fire Marshal regulations, and Manufacturers’ specifications.

7. The Contractor shall ensure the printer is working and that a new sheet is started to report conditions during inspections, testing, and maintenance. When service is completed, the Contractor shall provide Plant Operations with a written report of the work performed.

8. Prior to, and at the conclusion of, performing any inspections, testing, and maintenance on the system(s), the Contractor shall notify the personnel in the affected buildings and at the Central Fire Safety Monitor location.

9. The Contractor shall have at least two (2) technicians on site performing inspections, testing, and maintenance of the Fire Safety System(s). One (1) technician shall do the testing, and the other one shall be stationed at the Central Fire Safety System Monitor and keyboard during inspections, testing, and maintenance to acknowledge, silence, and reset the system.

10. The Contractor shall affix stickers to all equipment serviced that show the initials of the technician, date, and type of service performed.

11. The Contractor shall not provide any services that would require approval of the office of the State Fire Marshal, including, but not limited to, replacements, alterations, or modifications of any existing fire alarm/safety system or components.

B. MONTHLY PREVENTIVE MAINTENANCE (PM):

1. PM is the systematic detection and correction of emerging failures before they occur or before they develop into major defects. The work includes, but is not limited to, inspections, cleaning, lubricating, adjusting, testing, repairing, programming, and parts replacement necessary to keep all systems in service at no additional cost to the Home.

2. The scope of work being performed under these specifications shall include a minimum of eight labor hours (two technicians for four hours each) per service visit dedicated to PM or as per current NFPA regulations, to include, but not limited to, the cleaning of devices and controls, reconditioning worn equipment, adjusting, and calibration. This shall be in addition to all functional testing.

C. FULL MAINTENANCE (FM):

1. FM is defined as any planned service required to keep the fire safety system operational. Such services include parts replacement, repairs, inspections, and emergency services.

2. FM is performed on a quarterly, bi-annual, or annual basis depending on the service requested (Drop down Test, Fire Alarm Test, Fire Sprinkler Risers, Water Flow/Tamper Test, Kitchen Hood Cleaning, and Kitchen Hood Inspection/Testing).

3. FM rates shall include all labor, equipment, materials, and parts necessary to successfully perform and complete and/or pass any FM service. Contractor’s invoice billing for FULL MAINTENANCE services will be denied payment if inspections/cleaning/maintenance/testing are not completed, or the result of the contractor’s service does not pass NFPA standards, State Fire Marshal’s regulations, or manufacturer’s recommendations.

D. ELECTROMAGNETIC FIRE DOOR TEST:

1. Every six months, Contractor shall perform FULL MAINTENANCE latch and seal tests on thirty-three

(33) sets of electromagnetic fire doors.

2. Tests will ensure the doors close, latch, and seal when the smoke detectors on either side of the doors are set off or when the fire alarm/safety system engages.

3. Tests also include inspection of mechanical parts and electromagnetic alignments.

E. FIRE DOORS DROP DOWN TEST:

1. Every six months, the Contractor shall perform FULL MAINTENANCE drop-down tests on four (4) roll-down fire doors.

2. Tests will ensure the doors drop when the smoke detectors on either side of the doors are set off.

3. Tests also include inspection of mechanical parts, which include, but are not limited to: fusible fire links and backup power batteries.

F. FIRE ALARM/SAFETY SYSTEM TEST:

1. Every six months, the Contractor shall perform FULL MAINTENANCE inspections of the fire alarm/safety system, in accordance with NFPA regulations.

2. Tests shall include each and every device in the system.

3. Within each year, at six months apart, one test will consist of a visual and/or operational inspection, and the other must be a physical performance test.

G. FIRE SPRINKLER RISERS:

1. Every three months, the Contractor shall perform FULL MAINTENANCE inspections on nine (9) fire sprinkler risers in accordance with NFPA regulations.

2. Each year, three tests will consist of a visual and/or operational inspection, and the other test must be a physical performance test.

H. WATER FLOW/TAMPER TESTING:

1. Every three months, the Contractor shall perform FULL MAINTENANCE inspections of water flow switches, tamper and post indicator valve switches, sprinkler heads, and gaskets at risers. The Contractor shall perform a function test of the supervisory signal initiating devices/post indicator valve switch, operate the valve, and verify proper annunciation at the panel.

2. Each year, the Contractor shall also perform a function test of the water flow switch; activate the water flow and verify proper annunciation at the panel. The following procedures shall be performed:

a. Coordinate with CalVet Contract Manager, or designee prior to initiating any systems test.

b. Notify the building’s central fire safety station and all occupants in the immediate area that a functional system test will be conducted.

c. Perform an inspection of the system for installation integrity.

d. Notify central fire safety station, CalVet Contract Manager, or designee, and immediate personnel of completion of service.

e. Submit a fully itemized service report with any recommendations for safety updates and repairs as required.

I. FIVE (5)-YEAR SPRINKLER INSPECTION:

1. The Contractor shall provide a standard inspection of the internal piping of the system, utilizing a camera to do the visual inspection, and provide photos along with the written report. This inspection is expected to occur on or around October 2026 and will be required during the timeframe of this contract.

J. KITCHEN HOOD CLEANING:

1. The Contractor shall perform semi-annual cleaning of the commercial kitchen hood exhaust system located in the main kitchen of the Veterans Home of California – Barstow.

2. The facility currently contains one (1) commercial kitchen hood exhaust system equipped with an

Ansul R-102 fire suppression system. The State reserves the right to add or remove hood systems during the term of the Agreement. Any additional hood systems shall be serviced at the rates specified in Exhibit B-1, Rate Sheet.

3. Cleaning services shall be performed in accordance with NFPA 96 – Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations.

4. Kitchen hood cleaning shall include, but not be limited to, the following components:

• Exhaust hood canopy (interior and exterior surfaces)

• Grease filters

• Horizontal and vertical ductwork

• Exhaust fan assemblies located on the roof

• Accessible duct access panels

• Areas behind and above cook line filters

5. The Contractor shall remove grease buildup and contaminants from all accessible surfaces in accordance with NFPA 96 cleaning standards.

6. Cleaning shall be performed outside normal kitchen operating hours, at times coordinated with the CalVet Contract Manager, so as not to disrupt kitchen operations.

7. Upon completion of each cleaning service, the Contractor shall provide a written service report documenting:

• Areas cleaned

• Condition of the exhaust system

• Any deficiencies observed

• Recommended corrective actions

• Corrective actions taken to maintain compliance with regulations

K. KITCHEN HOOD INSPECTION AND TESTING:

1. The Contractor shall perform semi-annual inspection, testing, and maintenance of the Ansul R-

102 fire suppression system located in the main kitchen.

2. Inspections shall be conducted during the months of May and November each year unless otherwise approved by the CalVet Contract Manager.

3. Inspection, testing, and maintenance shall comply with applicable requirements of:

• California Code of Regulations (CCR), Title 19 and Title 24

• NFPA 17A – Wet Chemical Extinguishing Systems

• NFPA 96 – Commercial Cooking Operations

• Applicable OSHA regulations

4. The Contractor shall inspect and service the following components of the suppression system:

• Nine (9) fusible links

• Ten (10) spray nozzles

• Detection lines and release mechanisms

• Manual pull stations

• Gas shutoff or appliance shutoff devices

• Exhaust fans associated with the hood system

5. Any deficiencies discovered during inspection shall be reported to the CalVet Contract Manager, and corrective repairs shall be performed in accordance with the Repair Services section of this Scope of Work.

6. After each inspection visit, the Contractor shall submit a written inspection and testing report that includes:

• Date of inspection

• Components inspected and tested

• Test results

• Deficiencies identified

• Recommended corrective actions

• Corrective actions taken to maintain compliance with regulations

L. ANNUAL REQUIREMENTS:

1. The Contractor shall submit a MATRIX to the CalVet Contract Manager or designee that details the schedule of services, testing, and inspection for the upcoming year.

2. Upon forty-eight (48) hours’ notice, the Contractor shall provide a technician to meet with the Deputy

State Fire Marshal at the Home in order to verify that the systems(s) are operational and meet codes each year.

M. EMERGENCY SERVICE

The Contractor shall provide any necessary emergency incidental repairs upon request from the CalVet Contract Manager. The Contractor must respond to requests for emergency repair within twenty four

(24) hours of notification from the Home. When possible, emergency repairs will be performed during normal business hours as specified herein. The State may, at its discretion, allow access to the equipment during non-business hours when necessary. If non-emergency repairs are required, the Contractor shall respond within twenty-four (24) hours of notification from the Home.

Emergency services provided by the Contractor, if at the specific request of the State, will be compensated for actual hours worked on site at the Contractor’s emergency call hourly rate, as specified in Exhibit B-1, Rate Sheet. Any emergency incidental repair service provided shall be completed on the same working day, unless written notification of delay is submitted to the CalVet Contract Manager immediately upon diagnosis of equipment deficiency. Any parts requiring replacement will be replaced in accordance with the Parts Replacements section specified herein.

N. INCIDENTAL REPAIR SERVICE

The Contractor shall provide incidental repair services as necessary to maintain the fire safety systems and associated equipment in proper working condition. Incidental repair services are those repairs not performed during regularly scheduled preventive maintenance or full maintenance services and not covered under the Guarantee section of this Scope of Work. Incidental repair services shall be performed only upon written request or authorization from the CalVet Contract Manager or designee.

Repair services shall be compensated based on the actual hours worked on-site at the Contractor’s Repair Hourly Rate as specified in Exhibit B-1, Rate Sheet. The Contractor shall respond to requests for incidental repair services within twenty-four (24) hours of notification from the Home.

Every effort shall be made to perform repair services during normal business hours (Monday through Friday, 8:00 a.m. to 4:30 p.m.), excluding State holidays. The State may, at its discretion, authorize access to the equipment during non-business hours when necessary.

Non-emergency incidental repair services performed outside of normal business hours must be approved in advance and in writing by the CalVet Contract Manager or designee. Any parts requiring replacement shall be replaced in accordance with the Parts Replacement section of this Scope of Work. The Contractor shall provide a written service report following each repair visit that includes the location of the equipment serviced, description of the repair performed, labor hours, and any parts replaced.

6. PREVAILING WAGES

A. In accordance with the provisions of Section 1770 of the Labor Code, the Department has determined that the general prevailing wage rates are applicable in the county in which the work is being performed and are the rates established and published by the Director of Industrial Relations, http://www.dir.ca.gov/oprl/pwd/.

http://www.dir.ca.gov/oprl/pwd/

1) The Notice to Contractors stipulates that the prevailing wage rates are applicable to the classes of labor to be used on this project.

2) Pursuant to Labor Code Section 1776, completed certified payroll reporting forms for all workers involved in this project shall be submitted to the Contract Manager prior to the authorization of any payment for work under this contract.

B. Both parties shall retain a copy of the prevailing rates on file. Copies of the prevailing rate of per diem wages are on file with the California Department of Veterans Affairs and shall be made available to any interested party on request. LC § 1773.2.

C. Pursuant to Labor Code Section 1775, the Contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200.00) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b) by any subcontractor under the contractor. This provision shall not apply to properly indentured apprentices.

D. Pursuant to Labor Code Section 1813, the contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five ($25) for each work employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement.

E. Contractor must be registered with the Department of Industrial Relations (DIR) and certified payroll must be submitted through DIR eCPR.

7. PARTS REPLACEMENT

This Agreement shall include replacement of any part that becomes worn or inoperable, or that otherwise affects the equipment's operability in any way. A written estimate of the required part(s) must be submitted to the CalVet Contract Manager and approved before replacement in all cases. Parts replaced under this Agreement shall be new, factory-manufactured, or exceeding Original Equipment Manual (OEM) specifications. Contractor should maintain an adequate supply and/or must be able to obtain within a reasonable amount of time any necessary replacement parts to perform repairs and maintenance in a timely manner. Consumables and other supply items are hereby excluded.

Contractor shall provide all replacement parts costing up to $500 per repair, non-accumulative, which are necessary to keep the equipment performing within the manufacturer’s specifications. Contractor shall complete repairs at no additional charge to the Home. If repairs exceed $500, the contractor is to provide a written estimate to the Contract Manager. If approved, parts shall be billed under the parts allocation outlined in the budget detail (or rate sheet).

Any parts replaced shall remain the property of the Home. The only exception is when the CalVet Contract Manager authorizes the Contractor to use the part(s) as a refund for “core” charges. If the Contractor is authorized to use the part for “core” exchange, the invoice must reflect the reduced cost of the parts based on “core” exchange value.

The State assumes no responsibility and shall not reimburse the Contractor for parts ordered by the Contractor and/or labor if the part was installed prior to authorization by the CalVet Contract Manager.

Contractor shall be responsible for the replacement of parts necessitated by the Contractor’s negligence at no expense to the State.

8. GUARANTEE

The Contractor shall guarantee all services performed by Contractor’s service technicians for a minimum of ninety (90) days from the date of service performance. If it is determined that failure has occurred due to defective parts or workmanship, the Contractor shall correct the failure at no additional expense to the State.

Correction shall occur during normal State business hours upon request for service by the Contract Manager or designee.

9. WORK AREA

While working on equipment, the Contractor agrees to perform services with as little disruption to the State’s operations as possible. The Contractor will ensure that the work area is kept clean and free of debris to maintain a safe working environment for residents and staff. All tools, equipment, and other materials belonging to the Contractor will be removed from the Home at the end of each working day. The Home shall not be responsible for the storage of any Contractor property.

10. WORKMANSHIP

All work provided by the Contractor shall conform to the latest requirements of Federal, State, City, and County regulations. This includes but is not limited to Titles 17, 19, and 22 of the California Code of Regulations. The Contractor is responsible for compliance with all applicable laws, codes, rules, and regulations in connection with work performed under this Agreement. Any services performed by the Contractor will be inspected by the State after completion. The State is solely responsible for determining the acceptability of the work performed and the operability of the equipment.

11. HEALTH CLEARANCE

A. The Contractor shall comply with the Home’s infection control policies and procedures. Initial and annual health clearance to include tuberculosis (TB) screening and Hepatitis B vaccine series offer (initial only) is required by Home policy of all state employees, contract employees, and volunteers in order to meet state facility licensure requirements.

B. Initial TB screening may include, but not be limited to, 2-step TST/PPD testing and/or X-ray, and TB questionnaire. Annual TB screening may include, but not be limited to, 1-step TST/PPD testing and/or X-ray, and TB questionnaire. The health clearance process must be completed prior to initiation of services or employee assignment, and within the required timeframe stipulated by the Home for the annual requirement.

C. Pre-employment/pre-assignment and annual health screening performed for Contractor or Contractor’s employee will be at the Contractor’s expense.

D. All Providers must show proof of receiving an annual vaccination for influenza (flu). If a Provider cannot show proof of receiving the current vaccination, they must sign a declination form and wear a mask while in the Home during the entire duration of flu season.

E. The Contractor shall submit medical reports/documentation to the Home’s Contract Manager or designee indicating the individual is cleared to perform their duties and is free of communicable disease. The medical documentation must be submitted prior to initiation of services or employee assignment, and within the required timeframe stipulated by the Home for the annual requirement.

F. During times of endemic or pandemic (such as COVID-19) or other instances of widespread viral or bacterial infections, additional precautionary infection control steps may be implemented and required by the Home. These may include, but are not limited to: wearing CalVet-approved masks and/or face shields, extra or special cleanings, social distancing, partitions, adjusted hours, vaccinations, booster shots, and obtaining additional clearance certifications that may be required by local, state, or federal health authorities. Providers shall comply with the Home’s COVID-19 Mitigation or Infection Control Plan and follow all current infection control guidelines for precautions.

G. Failure to comply with the Home’s infection control policies shall result in immediate Provider suspension, contract suspension, or termination. Any suspension will remain in effect until a medical clearance is provided to the Home’s Infection Control Specialist or designee.

12. BACKGROUND CLEARANCE

A. Background clearance involving fingerprinting is required by the Home policy of contract employees and volunteers prior to assignment to the Home in order to meet state facility licensure requirements. Live- Scan is the only acceptable form of fingerprinting for the Home.

B. The Contractor/Provider shall coordinate with the Home’s Personnel Office to arrange Live-Scan services. At a minimum, Department of Justice (DOJ) results must show California State-level and Federal Bureau of Investigation (FBI) level criminal offender record information (CORI) clearances.

C. The Home’s Personnel Office must receive the Live-Scan and DOJ clearances prior to approving assignment to the Home.

13. ORIENTATION/TRAINING

A. Upon assignment or initiation of services, the Contractor shall coordinate with the CalVet Contract

Manager for Provider facility orientation to include, but not be limited to, building safety, resident rights, confidentiality, privacy protection, discrimination, harassment, and zero tolerance of elder abuse.

B. The Contractor agrees that prior to reporting for work at the Home, all Providers shall complete any required orientation and training to become familiar with the operations of the Home, its medical facilities, Title 22 of the California Code of Regulations, Title 42 of the Code of Federal Regulations, and any other laws or bylaws that may apply to the Home.

C. Each Provider must attend the Home’s orientation. The orientation will take approximately four (4) hours and the Contractor shall be solely responsible for the cost.

D. Each Provider is required to complete all regulatory training in accordance with federal and state laws and CalVet policies and procedures.

E. To maintain the continuity of services and ensure safety for all workers, the Contractor shall make available to the Home only those Providers who have completed the required orientation and training.

14. INDEPENDENT CONTRACTOR STATUS

A. The Contractor/Providers shall be considered “Independent Contractors” in relation to CalVet and the

State. Therefore, the Contractor/Providers shall not be considered employee(s) of the Home and shall not be entitled to any employee benefits from CalVet or the State, including, but not limited to, the following:

1. Premium Pay, Overtime Pay, or Holiday Pay,

2. Medical Insurance,

3. Vacation or Sick Leave,

4. Worker’s Compensation, and

5. Other employee benefits.

15. CONTACT INFORMATION

A. The project representatives during the term of this Agreement will be:

1. CalVet Representative/Contract Manager:

Veterans Home of California - Barstow

TBD

100 East Veterans Parkway Barstow, CA 92311 Phone:

Email:

2. Contractor Representative:

TBD

B. Contract Representatives, addresses, and phone/fax numbers may be changed by issuing a twenty (20)-day prior written notification and shall not require a formal amendment to this Agreement. The notifying party shall provide complete contact information for the replacement Contract Representative, including name, title, mailing address, phone/fax numbers, and email address. All other changes require a formal written amendment to this Agreement.

Exhibit B - Budget Detail and Payment Provisions TBD

1. STANDARD BUDGET DETAIL AND PAYMENT PROVISIONS

A. Invoicing and Payment

1. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for services rendered in accordance with the rates in Exhibit B-1.

2. Invoices shall include the Agreement Number and shall be submitted in not more frequently than monthly in arrears to:

Original Invoice Approval Copy Department of Veterans Affairs CalVet Accounting Office 1227 “O” Street Room 402 Sacramento, CA 95814 APInvoices@calvet.ca.gov

Veterans Home of California – Barstow Attn: TBD 100 East Veterans Parkway Barstow, CA 92311

B. Budget Contingency Clause

1. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further form and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

2. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to Contractor to reflect the reduced amount.

C. Prompt Payment Clause

Payment will be made in accordance with, and within the time specified in, Government Code, Chapter 4.5, commencing with Section 927.

2. SPECIAL BUDGET DETAIL AND PAYMENT PROVISIONS

Submissions of Invoices/Claims

A. All invoices/claims must be completed thoroughly and legibly, with all applicable fields completed.

Invoices/claims that are submitted to the appropriate location but have been altered, or are inaccurate, or do not provide all necessary information will not be accepted and will be returned to the Contractor for correction.

B. Any changes to this provision relating to the invoice/claim submittal process, including but not limited to an address, form, or process change, shall be an administrative change managed through the appropriate designated CalVet office and shall not require a contract amendment.

C. Contractor shall submit monthly invoices to the CalVet Contract Manager for approval and processing.

Invoices/claims submitted shall include the following information in order to be considered complete and acceptable for processing, or the invoice/claim will be returned:

1) Contractor’s Company name exactly as it appears on the Payee Data Record (STD.204)

2) Contractor’s Company address, phone number and e-mail

3) Date of invoice/claim

4) Invoice/claim number

Exhibit B - Budget Detail and Payment Provisions TBD

5) CalVet location where services were performed

6) Contract/Agreement Number

7) Date(s) of Service

8) Total dollar amount being billed

9) First and Last name of Contractor or Provider performing services, if applicable

10) Contractor’s or Provider’s Classification, whichever is applicable

11) Contractor’s final invoice must be clearly marked as “Final Invoice”

12) When applicable, Contractors shall include the following information on the invoice/claim submitted for hourly reimbursement:

a) Hourly Rate

b) Time in and time out

c) Total hours worked

d) Any other information or documentation reasonably required to verify and substantiate the provision of services and the charges for such services.

3. CONTRACTOR OVERPAYMENTS

A. If the State determines that an overpayment has been made to the Contractor, the State will seek recovery immediately upon discovery of the overpayment by: (a) calling the Contractor’s accounting office to request a refund of the overpayment amount, or (b) offsetting subsequent Contractor payments by the amount of the overpayment if Contractor repayment or credit is not received within thirty (30) days from the date of notice.

B. If Contractor discovers it has received an overpayment, Contractor must notify the State and refund the overpayment immediately.

4. DVBE Withhold

A. For contracts with DVBE subcontractors pursuant to Mil. & Vet. Code Section 999.7, ten thousand dollars ($10,000) will be withheld from the final payment, or the full final payment if less than ten thousand dollars ($10,000), until the prime contractor complies with the certification requirements of subdivision (d) of Mil.

& Vet. Code Section 999.5. Prime contractor shall be given 30 days’ notice to cure the defect. If, after 30 calendar days from the date of notice, the prime contractor refuses to comply with the certification requirements, CalVet shall permanently deduct ten thousand dollars ($10,000) from the final payment, or the full payment if less than ten thousand dollars ($10,000).

B. CalVet shall maintain all records of the information provided by the prime contractor pursuant to Section

999.5 and shall establish appropriate review procedures for those records to ensure the accuracy and completeness of the award amounts and paid amounts reported. The records shall be maintained in a manner that facilitates access and review by external auditors. Records collected pursuant to this section shall be retained for a minimum of six years after collection. (Mil. & Vet. Code Section 999.55)

Exhibit B-1, Rate Sheet TBD

RATE SHEET

The Contractor must be able to provide the services listed below. Subcontractors may be used to comply with this requirement. Subcontractor Agreements may be used to comply with this requirement. Subcontractor(s) information must be identified on Bidder Declaration (GSPD-05-105). If additional Subcontractors are added during the term of the Agreement, an updated GSPD-05-105 must be submitted.

The rates listed below are in effect for the term of the Agreement, including any extension of the term through an amendment.

Description of Services Rate Per Service Monthly Preventive Maintenance

Full Maintenance Services Rate Per Service Electromagnetic Fire Doors - 33 sets, full maintenance and test (Bi-annually) Drop Down Fire Doors - 4 ea, full maintenance and test (Bi-annually) Fire Alarm/Safety System Test - Visual and/or Operational Inspection (Annually) Fire Alarm/Safety System Test - Full Physical Performance Test (Annually) Fire Sprinkler Risers - 9 ea, Visual and/or Operational Inspection (Quarterly) Fire Sprinkler Risers - 9 ea, Full Physical Performance Test (Annually) Water Flow/Tamper Testing (Quarterly) Water Flow/Tamper Testing including activation of water flow and one of the inspection listed in item G above (Annually) 5-Year Sprinkler Inspection (October 2026) One time Kitchen Hood Cleaning (Bi-Annually) Kitchen Hood Inspection/Testing (Bi-Annually)

Repair Services Hourly Rate Scheduled Repairs Services Business Hours (Monday-Friday, 8:00 am - 4:30 pm)

"Scheduled Repairs Services After Business Hours (Monday - Friday 4:31 pm - 7:59 am) including Weekends and Holidays"

"Emergency Service Business Hours (Monday - Friday, 8:00 am - 4:30 pm)" "Emergency Service After Business Hours (Monday - Friday, 4:31 pm - 7:59 am) including Weekends and Holidays"

Parts Allowance Parts Allowance (Total for 3 years) $9,000.00

Exhibit C, General Terms and Conditions TBD

1. General Terms and Conditions

A. General Terms and Conditions (GTCs)

The (GTCs) are hereby incorporated by reference and made part of this agreement as if attached. hereto.

These documents may also be viewed at the California Department of General Services website:

https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-Updates/GTC-225-February- 2025.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-Updates/GTC-225-February-2025.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-Updates/GTC-225-February-2025.pdf

Exhibit D – Special Terms and Conditions TBD

1. EXCISE TAX

The State of California is exempt from Federal Excise Taxes, and no payment will be made for any taxes levied on employees' wages. The State will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Contract. California may pay any applicable sales or use tax imposed by another state.

2. STATUTORY AND REGULATORY PROVISIONS

A. This Contract shall be governed and construed in accordance with all applicable statutory and regulatory provisions including, but not limited to:

1) Title XVIII of the Federal Social Security Act

2) Title XIX of the Federal Social Security Act

3) Chapters 7 and 8 (commencing with Section 14000), Part 3, Division 9, Welfare and Institutions Code

4) Division 3, Title 22, California Code of Regulations (CCR)

5) Health and Safety Code Section 1340 et seq.

6) All applicable Federal provisions which regulate the administration of health care programs and budget revisions, as contained in the Code of Federal Regulations (CFR), Title 42, and Title 45, Part 74, Title 42 United States Code, Sections 1395 et seq. and 1396 et seq.

7) Sub-chapter 13 (commencing with Section 6800), Chapter 4, Part 1, Title 17, CCR; and

8) All other applicable laws and regulations.

B. Any provision of this Contract in conflict with the applicable laws and regulations is hereby amended to conform to the provisions of those laws and regulations. Such amendment of the Contract shall be effective on the effective date of the statutes or regulations necessitating it, and shall be binding on the parties even though the amendment may not have been reduced to writing and formally agreed upon and executed by the parties. If, due to amendment in laws of regulations, Contractor is unable or unwilling to comply with the provisions of the amendment(s), State or Contractor may terminate this Contract in accordance with the Termination provision of this Contract.

3. EXAMINATION AND AUDIT

A. Contractor shall allow the State and its related entities, the Comptroller General of the United States, Department of Justice (DOJ), and the Bureau of Medi-Cal Fraud, or their duly authorized representatives, to inspect or otherwise evaluate the quality, appropriateness, and timeliness of services performed under this Contract, and to inspect, evaluate, and audit any and all books, records, and facilities maintained by the Contractor and Subcontractors pertaining to services under this Contract at any time during normal business hours.

B. Contractor shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under this Contract in accordance with Government Code, Section 85467.7. The examination and audit shall be confined to those matters directly connected with the performance of the contract, including, but not limited to, the costs of administering the Contract.

C. Books and records include, but are not limited to, all physical records originated or prepared pursuant to the performance under this Contract, including working papers, reports, financial records, and books of account, Medical Records, prescriptions files, Subcontracts, and any other documentation pertaining to medical and non-medical services for residents of the Home. Upon request, at any time during the term of this Contract, the Contractor shall furnish any record or copy.

4. RESOLUTION OF DISPUTES

A. The Contractor may dispute and appeal a decision or action by the State arising out of the Interpretation or administration of this Contract. A written dispute notice shall be submitted to the Contract Manager within thirty (30) calendar days from the date the Contractor receives notice of the decision or action in dispute.

The Contractor’s dispute notice shall state the following, based on the most accurate information available to the Contractor:

1) That it is a dispute pursuant to this Section.

2) The date, nature, and circumstances of the conduct, which is the subject of dispute.

3) The names, telephone numbers, function, and activity of each contractor, subcontractor, State official, or employee involved in or knowledgeable about the conduct.

4) The identification of any documents and the substance of any oral communications involved in the conduct. Copies of all identified documents shall be attached.

5) The reason why the Contractor is disputing the conduct.

6) The cost impact to the Contractor directly attributable to the alleged conduct, if any.

7) The Contractor’s desired remedy.

B. The State and the Contractor agree to try to resolve all contractual issues by negotiation and mutual agreement at the Contract Manager level. The parties recognize that the implementation of this policy depends on open-mindedness, and the need for both sides to present adequate supporting information on matters in question. The Contract Manager, in a written decision stating the factual basis for the decision, will decide any disputes concerning performance of this Contract. Before issuance of the Contract Manager’s decision, informal discussions between the parties by the individuals who have not participated substantially in the matter in dispute will be considered by the parties in efforts to reach mutual agreement.

C. The Contract Manager will render a decision or request additional substantiating documentation from the

Contractor within thirty (30) days of receipt of the Contractor’s appeal. A copy of the decision will be provided to the Contractor. The decision shall be final and conclusive unless, within thirty (30) days from the date of the decision, the Contractor files a written appeal addressed to the Undersecretary, California Department of Veterans Affairs.

D. The Undersecretary’s decision shall be final and conclusive unless the decision is arbitrary, capricious, grossly erroneous or if any determination of fact is unsupported by substantiating evidence. The Undersecretary’s decision will be in writing and may encompass facts, interpretations of the Contract, and determination or application of law. The Contractor may, prior to the Undersecretary’s decision, present oral or documentary evidence, and arguments in support of the Contractor’s appeal. The decision will either:

1) Find in favor of the Contractor, in which case the Undersecretary may:

a) Countermand the earlier conduct which caused the Contractor to file a dispute; or

b) Reaffirm the conduct and, if there is a cost impact sufficient to constitute a change in obligations pursuant to the payment provisions, direct the State to comply with that Section.

2) Deny the Contractor’s dispute and, where necessary, direct the manner of future performance; or

3) Request additional substantiating documentation in the event the information in the Contractor’s dispute or appeal is inadequate to permit a decision to be made under paragraphs (1) or (2) above, advise the Contractor as to what additional information is required, and establish how that information will be furnished. The Contractor shall have thirty (30) days to respond to the Undersecretary’s request for further information. Upon receipt of this additional requested information, the

Undersecretary will have thirty (30) days to respond with a decision. Failure to supply additional information required by the Undersecretary within the time period specified above shall constitute waiver by the Contractor of all claims.

E. Attorney’s fees and costs for any dispute or subsequent trial shall be borne by the respective parties.

Both parties waive trial by jury, and any trial in superior or municipal court shall be by a judge alone. Any litigation arising out of this Contract shall be conducted in a California Court pursuant to California law.

F. Contractor shall continue with the responsibilities under this Contract during any dispute.

5. AGENCY LIABILITY (Applies only to Federally Funded Contracts)

The Contractor warrants by execution of this Contract, that no person or selling agency has been employed or retained to solicit or secure this Contract upon Contract or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the State shall, in addition to other remedies provided by law, have the right to annul this Contract without liability, paying only for the value of the work actually performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

6. POTENTIAL SUBCONTRACTORS

For all Agreements, with the exception of Interagency Agreements and other governmental entities/auxiliaries exempt from bidding, nothing contained in this Contract or otherwise shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of Contractor’s responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them, as it is for the acts and omissions of persons directly employed by the Contractor.

The Contractor's obligation to pay its subcontractors is an independent obligation from the State’s obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or enforce the payment of any moneys to any subcontractor.

7. REPORTING SMALL BUSINESS (SB)/MICRO BUSINESS (MB) AND /OR DISABLED VETERANS

BUSINESS ENTERPRISE (DVBE) UTILIZATION

A. If SB/MB and/or DVBE Subcontractor participation is a requirement on this Agreement, the Contractor must report the actual amount paid to certified Subcontractors. The Contractor must comply with Government Code Section 14841 and Military and Veterans Code Section 999.5(d) by reporting the actual utilization of certified Subcontractor(s) during the performance of this Agreement. The Contractor shall prepare and submit the report to the Contract Manager within 60 days from receipt of final payment.

B. Withhold: Pursuant to Mil. & Vet. Code Section 999.7, ten thousand dollars ($10,000) will be withheld from the final payment, or the full final payment if less than ten thousand dollars ($10,000), until the prime contractor complies with the certification requirements of subdivision (d) of Mil. & Vet. Code Section

999.5. Prime contractor shall be given 30 days’ notice to cure the defect. If, after 30 calendar days from the date of notice, the prime contractor refuses to comply with the certification requirements, CalVet shall permanently deduct ten thousand dollars ($10,000) from the final payment, or the full payment if less than ten thousand dollars ($10,000).

8. SUBSTITUTION OF DVBEs

A. If applicable, DVBE subcontractors shall be used per the California Code of Regulations (CCR), Title 2 §

1896.70 unless a substitution is approved in writing by the Department of General Services (DGS),Office of Small Business & Disabled Veteran Business Enterprise (OSDS). A DVBE subcontractor shall be replaced by another DVBE to perform the work originally stated.