26CS0015_-_Exhibits_A-D.pdf

California Department of Veterans Affairs Agreement Number: 26CS0015 Exhibit A – Scope of Work TBD

PHARMACEUTICAL & BIO-MEDICAL HAZARDOUS WASTE REMOVAL AND DISPOSAL SERVICES

1. INTRODUCTION/SERVICES

A. Contractor shall provide services, as specified, to California Department of Veterans Affairs, hereafter referred to as CalVet. Contractor shall provide services at the Veterans Home, hereafter referred to as the Veterans Home of California - Chula Vista (Home), and located at 700 E. Naples Court, Chula Vista, CA 91911. Contractor shall provide all labor, materials, staff, transportation, license, permits and every other item of expense necessary, unless otherwise stated, to provide pick up and disposal services of Resource Conservation and Recovery Act (RCRA) containers utilized by the Home for Pharmaceutical Hazardous Waste, Bio-Hazard, pharmaceutical, and sharp medical waste. Services shall be provided at the Home, upon request, and in compliance with terms of this Agreement.

B. All work shall be coordinated and approved by Contract Manager or designated representative. Services shall be performed during standard business hours 8:00 a.m. to 4:00 p.m., Monday through Friday unless otherwise specified. No work is to be performed on State holidays or on an overtime basis unless prior approval is received in writing from the 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. Provider must be able to perform the tasks associated with providing services under the scope of their license. 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. MINIMUM QUALIFICATIONS

A. Contractor must be legally authorized to conduct business in the State of California, and all required permits, and licenses must be in full force at the time the submission is made and throughout the term of the Agreement.

B. Contractor shall be licensed and permitted as a hauler in the following:

1. Biohazard Medical Waste (to include Pharmaceuticals and Sharps Waste) for proper disposal per the Department of Health Services (DHS), Division 20, Miscellaneous Health and Safety Provisions, Chapter 6.5, Hazardous Waste Control, Article 25167.1 - 2516933 Hazardous Waste Haulers Act.

2. Resource Conservations and Recovery Act (RCRA), Pharmaceutical Hazardous Waste for proper disposal per the Environmental Protection Agency (EPA), Department of Toxic Substances Control (DTSC) and 42 USCA Section 69801.

C. Services shall be in compliance with all applicable federal, state and local laws, ordinances, rules, and regulations.

3. CONTRACTOR'S RESPONSIBILITIES

Contractor shall provide the following services:

A. The Contractor shall pick-up all RCRA containers which the Home utilizes for disposal of Pharmaceutical

Hazardous Waste, and all medical and pharmaceutical waste from areas· designated by the Contract Ma The Nager.

B. The Contractor shall notify the Contract Manager if unable to make a scheduled pick-up and shall establish an alternate time for pick-up agreeable to the Contract Manager.

C. The Contractor's drivers and handlers of medical wastes shall:

1. Be equipped with disinfectants, which meet the requirements, as defined by and listed in HSC, MWMA, Chapter 9, Sections 118295 and 118300;

2. Be trained and equipped in spill clean-up, decontamination and disinfection procedures.

3. Be required to wear protective gloves, coveralls, or other protective clothing or equipment while handling and transporting medical waste.

4. Carry extra RCRA containers, Bio-Hazard bags, sharps containers, pharmaceutical containers and other supplies and equipment (tongs, shovels, etc.) to repackage any waste which may spill during handling.

5. Follow their Medical Waste Operations Plan, Injury and Illness Prevention Program, Transportation

Security Plan and implement their Pharmaceutical Hazardous Waste Contingency Plan, Medical Waste Contingency Plan, when required.

6. Pick up all waste at the designated pick-up and delivery site as determined by the Contract Manager or his/her appointed designee.

D. The Contractor's transporting vehicle shall be:

1. Cleaned and decontaminated after each use or as often as required, using accepted industry disinfecting methods.

2. Constructed as to provide damage resistant access and a driver's compartment that is a sealed, separated enclosure and completely enclosed.

E. As part of each service response call, the Contractor shall:

1. Remove all RCRA containers Pharmaceutical Hazardous Waste, all medical waste according to the scheduled time frame specified under "Request for Service Response".

2. Clean and disinfect any spill in area, if necessary.

3. Inspect all designated RCRA and medical waste containers to ensure compliance with HSC, MWMA, Chapter 9, commencing with Section 118275. The Home will conduct periodic inspection of the storage bins and lockers and its immediate area. The Contractor shall immediately correct all unsanitary conditions or deficiencies as noted by Home inspections.

4. Provide a complete RCRA and/or medical waste tracking manifest, fully signed and dated, at the time of each pick up, pursuant to HSC, MWMA, Chapter 6, Section 118040. The document shall be properly executed, signed and dated by the Home's Contract Manager or designee and the waste hauler. Only the Home's Contract Manager or designee shall review and sign the original manifest (for billing authorization) prior to the shipment of RCRA Pharmaceutical Hazardous Waste and medical waste leaving the Home. Within fifteen (15) calendar days after RCRA and medical waste container pick up, a copy of the original manifest with the disposal site information section completed shall be furnished to the Home's Contract Manager or designee. Invoices will be processed upon receipt by the Home's Contract Manager or designee alter receipt of the storage and disposal facility manifest, establishing acceptance of the waste at the disposal site, and the Certificate of Disposal from the ultimate disposal facility.

5. Within thirty (30) calendar days after RCRA container pick up, the Contractor shall provide a written report of the total pounds of each category of RCRA waste and medical waste picked up to the Home's Contract Manager or designee. Some examples of Pharmaceutical Hazardous. Waste disposed of in RCRA containers includes but not limited to shall be a) Blood Thinners; b) Chemotherapy Pills and Capsules, c) Pain Patches d) Inhalers. Some examples of Medical Waste disposed of in Medical Waste containers includes but not limited to shall be a) Biohazardous Waste; b) Pharmaceutical Waste, and;

c) Sharps Waste.

F. The Contractor shall maintain accurate records in connection with each service performed and all transactions related thereto and shall retain all such records in compliance with all applicable federal, state and local laws, ordinances, rules, and regulations.

G. The Contractor shall provide the Home's Contract Manager or designee with copies of all documents relating to each service performed, RCRA and medical waste tracking documents and record keeping, certificate(s) of destruction, and all other related licenses and permits required by the appropriate governmental authorities as per HSC, MWMA, Chapter 6, Section 118040.

H. The Contractor shall provide the Home's Contract Manager or designee with a certificate of disposal or certificate of destruction within thirty (30) days for each load shipped from the Home. Failure to provide the certificate of disposal or certificate of destruction shall result in invoices being held until certificates are received.

I. The Contractor shall notify the Home's Contract Manager or designee within twenty-four (24) hours If any facility used in the service of this agreement (whether or not owned by Contractor) is not in compliance with applicable laws or regulations.

J. Special pick-ups shall be on an "as requested' basis. Price per pick-up shall be in addition to the regular per pound pick-up rate. The Contractor shall make special pick-ups within forty-eight (48) hours of notification. Per rates shown Rates reflected on the rate sheet. and Exhibit B-1

K. The State reserves the right to increase, decrease or change services, as needed, to accommodate any unforeseen increase or decrease in volume of the Bio Medical Waste, Pharmaceutical Hazardous Waste disposed of in RCRA containers. The State will compensate the Contractor for only actual expenditures · incurred in accordance with the terms and conditions specified herein and at the applicable rates established in the Cost Sheet.

L. The contractor must have the capability to remove and dispose of the waste to a certified facility for treatment, storage and disposal of hazardous waste. The Contractor shall arrange for proper pick-up, manifesting, and disposal of the waste from the Contractor's facility at no additional cost to the State.

M. If the Contractor is unable to make the normal pick-up day, the Contractor shall notify the Contract Manager within forty-eight (48) hours.

N. The Contractor shall after each service response remove all medical waste according to the scheduled time frame, clean and disinfect each storage bin, locker and/or area, if necessary, inspect all medical waste containers to ensure compliance with the California Department of Public Health Medical Waste Management Act (MWMA), Chapter 9, commencing with Section 118275.

4. REQUEST FOR RESPONSE SERVICES

Scheduled Response Service - The Contractor shall perform scheduled response service collections as mutually agreed upon between the Contractor and the Contract Manager utilizing the timelines below as guidance:

A. Pharmaceutical Hazardous Waste (RCRA): Pick up days shall not have a lapse time of more than 180 days for RCRA waste. Pickups will be bi-annually or more often, as needed.

B. Bio-Medical Waste: Pick up days shall not have a lapse time of more than fourteen (14) days for bio-hazardous waste or more than thirty (30) days for sharps waste. Pick-ups will be monthly.

C. Bio-hazardous Waste (Except Pharmaceutical Waste): as set forth in HSC, MWMA, Chapter 9, Containment and Storage, under no circumstances shall bio-hazardous waste remain on Home grounds for more than fourteen (14) days. Pick-ups will be.

D. Pharmaceutical Waste (Including Sharps Pharmaceuticals): as set forth in HSC, MWMA, Chapter 9, Containment and Storage, under no circumstances shall pharmaceutical waste remain on Home grounds for more than ninety (90) days.

E. Sharps Waste: as set forth in HSC, MWMA, Chapter 9, Containment and Storage, under no circumstances shall sharps waste remain on Home grounds for more than thirty (30) days.

F. Special Pick-Ups/Unscheduled Emergency Pickup Services: as necessary due to unforeseen circumstances.

5. WASTE CONTAINER AND CONTAINMENT REQUIREMENTS

A. The Contractor shall provide sufficient number of EPA approved leak-proof Pharmaceutical Hazardous

Waste (RCRA), sharp containers, medical waste and pharmaceutical waste storage containers with lids.

These containers shall be for RCRA - rated and utilized specifically for Pharmaceutical Hazardous Waste, medical waste, biological and pathological waste, so the waste can be properly stored and packaged for the scheduled pick-up times. Containers shall have tight fitting covers and be certified to meet or exceed State of California standards and licensing requirements.

B. The RCRA waste containers utilized for Pharmaceutical Hazardous Waste and furnished medical waste containers, transport containers and Bio-Hazard bags shall be in accordance with requirements set forth in HSC, MWMA, Chapter 9, Containment and Storage. The Home will determine the size and locations. The storage containers will be delivered to the locations specified by the Home's Contract Manager or designee.

C. The Contractor shall remove used containers and will replace them _with empty containers on a one-for-one basis.

D. The Contractor shall provide the necessary RCRA container and Bio-Hazard signage and labels needed for Home's RCRA container and medical waste storage and/or laboratory rooms at no additional cost to the State. The Contractor shall ensure all designated RCRA containers (used for Pharmaceutical Hazardous Waste) and medical waste storage areas, bins and lockers have warning signs in place. The warning signs shall be in English, "CAUTION - PHARMACEUTICAL HAZARDOUS WASTE and BIO-HAZARDOUS WASTE STORAGE AREA· UNAUTHORIZED PERSONS KEEP OUT", and in Spanish, "CUIDADO -

ZONA DE RESIDUOS • BIOLOGICOS PELIGROSOS • PROHIBIDA LA ENTRADA A PERSONAS NO

AUTORIZADAS", or other languages as determined by the Home. Warning signs shall be readily legible during daylight from a distance of at least 25 feet and in accordance with requirements set forth in HSC, MWMA, Section 118310.

E. It shall be the responsibility of the Home's personnel to:

1. Securely close all RCRA containers (containing Pharmaceutical Hazardous Waste) and pharmaceutical waste containers ready for disposal to preclude loss of contents prior to scheduled pick-up.

2. Place all empty sharps (i.e., syringes and needles) in sharps containers; all non-empty sharps (i.e.

syringes with medicine still in them) in pharmaceutical sharps containers; all other pharmaceutical waste (i.e. loose pills) in pharmaceutical containers; and all bio-hazardous waste in Bio-Hazard bags prior to scheduled pick-up. Sharps containers may also be placed inside a Bio-Hazard container.

3. Place all bio-hazardous waste, except pharmaceutical waste, in a Bio-Hazard container prior to scheduled pick-up.

4. Securely close all sharps waste containers ready for disposal to preclude loss of contents prior to scheduled pick-up

F. Container Sizes:

1. Sharp Container (5 Quart)

2. Pharmaceutical Waste Container (12 Gallon or more)

3. Pharmaceutical Waste Container (2 Gallon)

4. RCRA Container (2 Gallon)

5. RCRA Container (5 Gallon)

6. METHOD OF DISPOSAL

A. Medical Waste:

Medical waste treatment shall be by incineration, steam sterilization, microwave disinfection technology or other approved alternative treatment technology for the disposal per HSC, MWMA, Chapter 8, Treatment, Section 118215. The Contractor shall utilize those medical waste facilities on file with the State of California, CDPH, Medical Waste Management Program:

1. Incineration - shall be in accordance with requirements set forth in HSC, MWMA, Chapter 8, Section

118215(a)(1).

2. Steam Sterilization - shall be in accordance with requirements set forth in HSC, MWMA, Chapter 8,.

Section 118215(2).

3. Microwave Technology - shall be in accordance with requirements set forth by the CDPH.

B. RCRA containers with Pharmaceutical Hazardous Waste:

The RCRA containers with Pharmaceutical Hazardous Waste shall be treated by incineration technology or other approved alternative treatment technology for the disposal per HSC, MWMA, Chapter 8, Treatment, Section 118215. The Contractor shall utilize those Pharmaceutical Hazardous Waste (RCRA) facilities on file with the State of California, CDPH, Resource Conservation and Recovery Act:

1. Incineration - shall be in accordance with requirements set forth in HSC, MWMA, Chapter 8, Section

118215(a)(1).

7. DISPOSAL SITES-TRANSFER STATIONS

The Contractor will utilize those RCRA and medical waste disposal sites and/or transfer stations that have been issued permits by the State of California, CDPH, Medical Waste Management Program, RCRA or in the case of disposal sites-transfer stations located out of state, those locations must be approved by the appropriate regulatory· agency where the disposal site/transfer station is located. Failure to do so will be cause for immediate termination of this Agreement. Listings of disposal sites-transfer stations are available from State of California, CDPH, Medical Waste Management Program and the RCRA. Contractors utilizing out-of-state disposal site transfer station shall not be subject to the above requirements. However, compliance with state regulatory requirements in the state in which the disposal site-transfer station is located is mandatory.

The Contractor shall warrant that all disposal-transfer sites used for Home's waste are within the continental United States.

8. WARRANTIES AND GUARANTEES

A. The Contractor warrants that the medical waste treatment, storage and disposal sites of these RCRA containers are in compliance with all applicable federal, state and local laws, rules and regulations and are suitable to receive RCRA containers that contain Pharmaceutical Hazardous Waste and medical waste.

B. The Contractor will notify the Home one ( 1) months prior to merger or acquisition by another company.

C. The Contractor agrees to notify the Home's Contract Manager or designee in writing within three (3) calendar days with any changes of the laws or rules and regulations referred to in item A under this section or has received enforcement action from regulatory agencies and becomes unsuitable to receive the medical wastes.

D. The Contractor shall notify the Home's Contract Manager or designee in writing within three (3) calendar days if any one of the following occurs that affects the scope of work in this contract:

1. Contractor receives notice of a violation of any law, regulation, permit or license.

2. Proceedings are commenced which could lead to revocation of permits or licenses.

3. Permits, licenses or other government authorization are revoked.

4. Litigation is commenced against the Contractor.

5. Contractor becomes aware that its equipment or facilities are not in compliance with applicable laws, regulations, permits or licenses, or impending financial problems prior to filing for bankruptcy protection.

E. The Contractor warrants that in the event of an accidental discharge of medical waste, Pharmaceutical Hazardous Waste in the RCRA containers, Contractor shall, with due diligence, take immediate steps to correct the conditions as required by all federal, state and local laws, ordinance, rules, and regulations, including but not limited to Part 14, et seq. of the HSC; U.S. Department of Transportation hazardous materials regulation Title 49 CFR; and the CHP regulations. The Contractor shall immediately notify, in writing, the Home of all details regarding the accidental discharge. The Contractor shall only permit appropriate personnel within its company to make public statements or issue news releases regarding the accidental discharge. The Contractor agrees that on all such occasions CalVet will be consulted before making any public statements or issuing any press releases which would identify CalVet and/or the Home.

9. QUALITY CONTROL MONITORING

The Contractor and subcontractor(s) are subject to announced or unannounced CalVet inspections of their operations, records and facilities to verify compliance with contracted services and/or provisions. This does not relieve the Contractor of the responsibility to perform internal inspections to ensure compliance to contracted services and/or provisions are met. The Contractor will submit complete copies of any federal, state or local government Inspections within two (2) weeks of receipt to the Home's Contract Manager or designee.

10. TESTIMONY

The Contractor agrees to provide courtroom testimony as to the chain of custody and storage of any seized Pharmaceutical Hazardous Waste (RCRA) and medical waste at no additional cost to the State. Further, in the event the waste is destroyed pursuant HSC, Section 11479 or by court order, the Contractor agrees to provide documentation and possible courtroom testimony as to the destruction of the Pharmaceutical Hazardous Waste (RCRA) and medical waste at no additional cost to the State.

11. HEALTH & SAFETY

A. The Contractor must perform all operations in a prudent, conscientious, safe and professional manner. In the performance of services, the Contractor shall ensure that all personnel, agents, subcontractors and equipment are in compliance with all current and future safety requirements set forth in applicable federal, state and local laws and regulations.

B. The Contractor shall ensure that all personnel involved in the handling and packaging of Pharmaceutical Hazardous Waste contained in the RCRA containers and medical waste are trained, in accordance with applicable laws, rules and regulations, for the level of expertise required to properly perform the tasks, and in the areas of waste spills and general first-aid procedures. Handling and personal protective equipment shall be provided by the Contractor and be appropriate to ensure safe handling of Pharmaceutical Hazardous Waste contained in the RCRA and medical waste substances.

C. The Contractor shall provide Home's Contract Manager or designee with a copy of the Contractor's Health and Safety Plan which must address internal programs, medical/training requirements, field operation procedures, personnel responsibilities, emergency procedures and hazardous recognition and control methods. This plan must be in compliance with all federal and state hazardous material, toxic substances, medical wastes and OSHA requirements.

12. OPERATIONAL PLAN

The Contractor is required to submit for review and approval to the Home's Contract Manager or designee, an Operational Plan describing pick-up, transport, transfer, destruction, and final disposal of the medical waste. At a minimum, this plan must include the following:

A. The Spill Prevention Control and Countermeasure (SPCC) Plan.

B. The primary and any secondary pick-up routes to, and departure routes from the Home location serviced.

C. The cradle-to-grave pathway, specifically, the planned routes(s) of transport, the routes to and from any storage, transfer, incineration or other processing facilities, final disposal at approved landfill facilities, and a detailed description of the planned activities at those sites.

D. The identification of those facilities, by trade name, address, phone number, hours of operation, description

· of operation and ownership.

E. The time required from pick-up to final disposal, for the waste picked-up on any given day.

F. A Contingency Plan, for all conditions, including complete information on back-up facilities and procedures, loss of licenses/permits, equipment, personnel, and the conditions under which they would be implemented.

The Contractor must inform the Home in writing five (5) working days of any changes in the Operational Plan before such changes take place. Any unforeseen occurrences which result either in implementation of the Contingency Plan OR deviation from the Operational Plan must be communicated to the Home's Contract Manager or designee within twenty-four (24) hours of such an occurrence.

13. REPORTING REQUIREMENTS

The Contractor shall provide the following reports to the Home's Contract Manager or designee within fifteen

(15) days after the close of the reporting period. All reports are to be provided at no additional cost to the State.

A. Quarterly Usage Reports shall include total weight of waste by category (bio-hazardous medical, pharmaceutical, and sharps, RCRA) picked up, quantity incinerated, and total cost for each pick-up location.

B. Semi-Annual Report for Incinerator Ash shall include analysis of the ashes waste characteristic to be provided to Home.

C. Annual Usage Report shall include an accumulated total of costs billed under this Agreement per pick-up location.

D. Annual Treatment-Disposal Facility Report shall include a list of all treatment and disposal facilities used for Home's waste under this Agreement.

14. DEFINITION OF TERMS

The Contractor must be familiar with the requirements and definitions under the HSC MWMA for Pharmaceutical Hazardous Waste and medical waste removal and disposal using RCRA-compliant containers and medical waste containers. The following terms will either contain the definition as defined in the HSC, MWMA or reference the Section of the HSC, MWMA. The HSC, MWMA is available at all local libraries or on the California Department of Public Health's (CDPH) website.

Bio-Hazard Bag- a disposable red bag that is impervious to moisture and has a strength sufficient to preclude ripping, tearing, or bursting under normal conditions of usage and handling of the waste-filled bag. A Bio-Hazard bag shall be constructed of material of sufficient single thickness strength to pass the 165-gram dropped dart impact resistance test as prescribed by Standard D 1709-85 of the American Society for Testing and Materials and certified by the bag manufacturer. [HSC, MWMA, Section 117630]

Bio-hazardous Waste - as defined in the HSC, MWMA, Section 117635

Common Storage Facility - any designated accumulation area that is onsite and is used by small quantity generators, otherwise operating independently for the storage of Pharmaceutical Hazardous Waste (RCRA) and medical waste for collection by a registered hazardous waste hauler. [HSC, MWMA, Section 117640]

Container - the rigid container in which the Pharmaceutical Hazardous Waste and medical waste is placed prior to transporting for purposes of storage or treatment. [HSC, MWMA, Section 117645]

Hazardous Waste Hauler - a person registered as a hazardous waste hauler pursuant to HSC, MWMA, Article 6 (commencing with Section 25160) and Article 6.5 (commencing with Section 25167.1) of Chapter 6.5 of Division 20 and Chapter 30 (commencing with Section 66001) of Division 4 of Title 22 of the CCR.

Pharmaceutical Hazardous Waste (RCRA) - as defined in HSC, MWMA, Section 117747

Storage - the holding of RCRA and medical wastes, in accordance with HSC, MWMA, Chapter 9 (commencing with Section 118275), at a designated accumulation area, offsite point of consolidation, transfer station, other registered facility, or in a vehicle detached from its means of locomotion. [HSC, MWMA, Section 117765]

Medical Waste - as defined in HSC, MWMA, Section 117690.

Sharps Container - a rigid puncture-resistant container that, when sealed, is leak resistant and cannot be reopened without great difficulty. [HSC, MWMA, Section 1177501]

Sharps Waste - as defined in HSC, MWMA, Section 117155.

15. LICENSES, PERMITS, AND CERTIFICATION REQUIREMENTS

A. For the collection, removal, transportation, and disposal of infectious Pharmaceutical Hazardous Waste and medical waste, the Contractor and employees shall comply with all requirements of the Code of Federal Regulations (CFR), Title 49, Sections 172.444, 173.386-173.388; the State of California, Health and Safety Code (HSC), Division 104, Part 14, Pharmaceutical Hazardous Waste (RCRA), Medical Waste Management Act (MWMA), et seq.; California Code of Regulations (CCR), Title 22, Division 4 and 4.5 Environmental Health; and, the Vehicle Code, Section 34500 and 34501 with applicable provisions of hazardous materials regulations adopted by the California Highway Patrol (CHP) governing containers, packing, labels, marking, vehicle placards, shipping certificates and incident reporting.

B. The Contractor shall be a RCRA and Registered Hazardous Waste Hauler. If a sub-contractor is utilized to perform any work in connection with this agreement, the Contractor must provide the name, address, phone number, contact person, and Environmental Protection Agency (EPA) identification number and all applicable State of California licenses and permits of the sub-contractor when submitting the bid proposal.

All changes in sub-contractual relationship during the term of this Agreement must receive prior approval of the State.

C. The Contractor must ensure that the CDPH RCRA and Medical Waste Transporter Authorization Letter is carried in each vehicle utilized in the transporting of RCRA and medical waste containers containing Pharmaceutical Hazardous Waste under this agreement. The driver, when requested by the Home's personnel at the Facility, must make the CDPH Medical Waste Transporter Authorization Letter available.

D. Contractor shall ensure all licenses, permits, and certification requirements are verified and current throughout the term of this Agreement. A copy of all permits, licenses, and certifications shall be provided to the Custodian Supervisor 111, Custodian Supervisor 11, Contract Manager, or designee.

E. In the event any license(s) and/or permit(s) expire or change at any time during the term of this Agreement, the Contractor agrees to provide CalVet a copy of the renewed license(s) and/or permit(s) within thirty (30) calendar days following the expiration date. In the event the Contractor fails to keep in effect at all times all required license(s) and/or permit(s), the State may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event.

16. ACCIDENT/DAMAGE/SPILLS

If Contractor spills or drops any waste during pickup, Contractor shall provide emergency response services including but not limited to all supplies, equipment, material, labor and transportation necessary to clean up and resolve medical waste emergencies. The contractor shall conduct on-site evaluations, mitigation and cleanup of medical waste spills and disposals at no additional cost to the State.

17. INDEPENDENT CONTRACTOR STATUS

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 benefit from the CalVet or the State including, but not limited to, the following:

A. Premium Pay, Overtime Pay, or Holiday Pay B. Medical Insurance C. Vacation or Sick Leave D. Worker's Compensation E. Other employee benefits

18. CONTACT INFORMATION

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

CalVet Home Representative:

1. Veterans Home of California - Chula Vista

Michael D’Amato, Assistant Administrator 700 Naples Court Chula Vista, CA 91911 Phone: 619-482-6037 Email: Michael.Damato@calvet.ca.gov

Contractor Representative:

1. TBD

B. Contract Representatives, addresses, and phone/fax numbers may be changed by issuing a 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.

mailto:Michael.Damato@calvet.ca.gov

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 – Chula Vista Attn: Karl Schmiegel 700 East Naples Court Chula Vista, CA, and 92139

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

5) CalVet location where services were performed

Exhibit B - Budget Detail and Payment Provisions TBD

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”

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 Service Cost Per Service Routine Quarterly Service

Annual Services and Testing Description of Service Hourly Rate

Regular Repair (Technician) Hourly Rate Emergency Service – Weekends and Holidays Parts

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. The substitution shall maintain, at minimum, the level of participation goal stated in the bid.

1) The Contractor shall simultaneously notify the DVBE and the CalVet Contract Manager of the intended substitution. The written notice shall contain the reasons for the substitution and be sent by certified mail. The Contractor shall submit the following to the CalVet Contract Manager:

i. A copy of the written notice issued to the DVBE with proof of delivery. In the absence of proof of delivery, provide the certified mail receipts.

ii. A copy of the DVBE’s consent or opposition to the substitution. In the absence of the consent or opposition, provide the returned and unopened certified mail.

iii. The name and supplier number of the business being substituted and the name and supplier number of the proposed replacement. If a DVBE cannot be identified as a replacement, the Contractor shall document the absence of DVBEs. This documentation shall include but is not limited to:

1. Contact CalVet’ SB/DVBE Coordinator regarding the absence of DVBEs to perform the specific work.

2. Search results from the DGS website for DVBEs to perform the specific work.

3. Communication with a DVBE Community Organization nearest the worksite regarding the absence of DVBEs, if applicable.

4. Documented communication with DVBEs describing the work to be performed, its percentage of the overall contract, the corresponding dollar amount,…