California Department of Veterans Affairs Agreement Number: 26VS0004

Exhibit A - Scope of Work Contractor: TBD

FIRE ALARM SYSTEM TESTING AND MAINTENANCE SERVICES AND KITCHEN HOOD CLEANING

SERVICES AND MAINTENANCE

1. INTRODUCTION/SERVICES

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

Contractor shall provide services at the Veterans Home of California Ventura, located at 10900 Telephone Road, Ventura, CA. 93004. Contractor shall provide all labor, materials, staff, transportation, license, permits, and every other item of expense necessary, unless otherwise stated, to provide fire alarm system testing and maintenance services. All 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 CalVet Contract Manager or designated representative.

Services shall be performed during standard business hours, 8:00 a.m. to 4:30 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 CalVet Contract Manager, prior to this work taking place. Any 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. Contractor 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. EQUIPMENT

A. The following equipment is included in this Agreement:

EQUIPMENT LIST QUANTITY

1 Fire Alarm System – EST II 1

2 Annunciator 4

3 Smoke Detector- 128

4 Combination Detectors (Smoke and Heat) 84

5 Heat Detectors 61

6 Pull Station 14

7 Dual Input Module 101

8 Fire Hydrant 5

9 Strobe 98

10 Kidde Fire Extinguisher 30

11 Fire Damper 96

12 Riser 1

13 Pre-Action System Risers - Viking Pre-action 1

14 Ansul System 1

Kitchen Hood- 2Gaylord hoods- GX2 Dry

Extractor

16 Alarm Bell 1

17 Fire Doors (30 doors) - EST II 30

B. CalVet reserves the right to add or delete equipment that has become obsolete. Additional equipment shall be serviced, as specified herein, at the same rates indicated in the Rate Sheet (Exhibit B-1). 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

All services performed under this Agreement shall be performed by qualified service technicians in the employment or under the direction of the Contractor.

Contractor shall provide a service technicians who are trained on the equipment specified in this Agreement.

4. CONTRACTOR'S RESPONSIBILITIES

The Contractor shall provide the following services to support the equipment (Section 2).

Contractor shall provide all supervision, labor, transportation, materials, and supplies: Valve Stem(s), “O” Ring(s), ABC Dry Chemical, Universal Strap; equipment, tools and any other items required to complete the following services.

A. Fire Alarm System, Annual -- Annual Inspection of Fire Alarm System, All-inclusive, /Life Safety Code Inspection

B. Semi-Annual Fire Alarm Inspection and Testing-- ensures the fire alarm system is fully operational and compliant with NFPA 72 standards.

C. Fire Alarm System, Quarterly -- Quarterly inspection of Fire Alarm System

D. Fire Sprinkler System, Annual -- Annual Inspection of Fire Sprinkler System, includes trip test

E. Fire Sprinkler System, Quarterly -- Quarterly inspection of Fire Sprinkler System

F. Kitchen Hood, Fire Suppression System -- Semi-annual, all-inclusive inspection of kitchen hood fire suppression systems.

G. Kitchen Hood Fusible Links -- Annual replacement of five (5) kitchen hood fire suppression fusible links (needed each September)

H. Pre-Action System -- Semi-annual testing of the Pre-Action System

I. Smoke Dampers – Annual testing of ninety-six (96) smoke dampers

J. Extinguishers, Recertified - Annual inspection thirty (30) Fire Extinguishers

K. Extinguishers Hydrostatic - hydrostatic testing thirty (30) Fire Extinguishers (once every six (6 Years)

L. Hydrants -- Annual Test of Fire Hydrants six (6)

M. Doors -- Annual testing of thirty (30) fire doors.

Note: Contractor shall, upon request and advance notice, provide a brief training session on the operation and features of the system at no additional charge during a scheduled preventative maintenance visit.

N. Pre-Start Conference will be held before commencement of the Fire Alarm System Maintenance and Testing Service with the Contract Manager, or designee.

O. Inspections (see detailed information in entire Section "G.1" (Definitions).

P. Contractor shall provide adequate personnel to accomplish the completion of all work in accordance with the schedule. All such personnel shall be employees, subcontractors or independent contractors of the Contractor, and not employees, subcontractors or independent Contractors of the State.

Q. Contractor shall ensure that all its personnel adhere to all rules and regulations of the State when performing work on the State property.

R. Contractor's employees, including supervisors, who are working on the property of CalVet:

1) Shall be neatly attired at all times and must wear clothing with Contractor's name identification.

2) The State shall have and exercise full and complete control over granting, denying, withholding or terminating clearances for Contractor's employees.

3) Shall designate an on-site supervisor and provide the name, cellular telephone and provide this before commencing any work to site engineer. "Supervisor" means a qualified, responsible and knowledgeable person designated in writing by the Contractor having authority to act for the Contractor on a day-to-day basis at the work site.

4) Contractor shall provide at all times competent, adequate, and knowledgeable supervision of all work performed on State property and all Contractor employees performing such work.

5) The State shall provide one (1) on-site technician to assist the Contractor, as needed, during on-site work.

S. Emergency and Non-Emergency Service

1) Contractor shall provide any necessary emergency repairs upon request from the Contract Manager.

Contractor must respond to requests for emergency repair within two (2) hours of notification from the Home. When possible, emergency repairs will be repaired during normal business hours as specified.

The State may at its discretion, allow access of the equipment during non-business hours when necessary. If non-emergency repairs are required, Contractor shall respond within twenty-four (24) hours of notification from the Home.

2) Emergency and Non-Emergency service 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 or non-emergency rate as specified in Exhibit B-1, Rate Sheet. Any repair service provided shall be completed the same working day, unless written notification delay is submitted to the Contract Manager immediately upon diagnosis of equipment deficiency. Any parts requiring replacement will be replaced in accordance with the Parts Replacement section.

T. Definitions

1) Inspections:

a) Contractor shall perform quarterly, semi-annual, annual and one (1) six (6) year certification (if applicable) preventative maintenance inspections as required by California Administrative Code (CAC), Title 19 Specifications, and as listed below.

b) Contractor shall provide full functional testing and written verification of operational status of accessible wet pipe fire sprinkler systems.

c) Contractor shall provide testing of controls valves, water supplies, supervisory and local alarms, sprinkler and piping conditions, and will follow CAC, Title 19 specifications.

d) Contractor shall provide written reports documenting system conditions and test results with the Building Engineer and to the Contract Manager, or designee within ten (10) business days.

e) The Home shall ensure all fire sprinkler components are accessible for the Contractor at the time of inspection.

2) Pre-Start Conference:

a) Prior to commencement of this Contract, the Contract Manager, or designee shall confer with the Contractor in a pre-construction meeting to review the methods and scheduling as proposed by the Contract Manager, or designee.

b) A schedule shall be agreed upon by the Contractor and the Contract Manager, or designee in order to clarify all requirements of the contract prior to commencement of the work.

c) Contractor shall be available to visit the on-site Contract Manager, or designee in order to become familiar with the building's mechanical and/or electrical distribution system, as necessary. The mechanical and/or electrical drawings must be viewed at this location if necessary.

d) Contractor shall meet with the Contract Manager, or designee for progress meetings and shall submit written progress schedules as requested to determine if the contractor is performing to specified contract terms and conditions according to contract performance schedule.

e) Contractor must resolve all questions regarding the contract at the pre-work (start) meeting. The Contract Manager, or designee shall be in charge of scheduling, report and invoice approval, overseeing progression of work, signing off on final inspection, determining and accepting the completion of work document.

3) Fire Sprinkler System:

a) Contractor agrees to perform four (4) quarterly:

i. One (1) annual trip test

ii. One (1) five (5) year certification (if applicable)

iii. Preventive maintenance inspection as required by California Administrative Code (CAC), Title 19 Specification and as listed under Inspections.

b) Contractor shall provide full functional testing and written verification of operational status of accessible wet pipe fire sprinkler systems.

c) Testing of control valves, water supplies, supervisory and local alarms, sprinkler and piping conditions will follow Title 19 specifications.

d) Contractor shall provide written reports documenting system conditions and test results with the Building Engineer at completion of test(s) to the Contract Manager, or designee and to the site engineer within ten (10) business days.

e) The Home shall ensure all fire sprinkler components are accessible for the Contractor at the time of inspection.

4) Fire Alarm System:

a) Contractor must have a NICET (National Institute for Certification in Engineering Technologies) level IV on staff. Contractor shall provide electronic inspection and testing reports using an industry-standard reporting system capable of documenting inspection results, deficiencies, and system status. Reports shall be submitted in a format acceptable to the Contract Manager.

b) Contractor shall check detector sensitivity.

c) Contractor shall utilize calibrating test equipment approved by the manufacturer for the cleaning and calibrating of all smoke detectors.

d) Smoke detectors shall be tested using a method approved by the manufacturer.

e) Contractor shall be responsible for providing all labor, parts, and equipment necessary to maintain, upgrade software, repair and service the panel portion of the system.

f) The repair or replacement of non-maintainable parts of the system, such as, but not limited to, unit cabinets, insulating materials, electric wiring, structural supports and non-moving parts are not included in this Agreement.

g) Contractor shall not reload software, nor make repairs or replacement of parts necessitated by reason of negligence or misuse of the equipment by others or violent weather, or by any other cause beyond the Contractor’s control except for ordinary wear and tear.

h) Contractor shall be responsible for the replacement of parts necessitated by their negligence.

i) Contractor shall be responsible for the replacement of all backup batteries for the main Fire Alarm Panel, and all other Fire Alarm Panels throughout the building and area F one time during the Agreement.

j) Replacement of peripheral equipment devices, i.e., smoke detectors, manual pull stations, etc., are not covered in this Agreement, however, the labor to replace is covered if damage happened during their maintenance trip, at no additional cost to CalVet.

k) CalVet shall have replacement parts available to replace any defective device found during regular maintenance.

l) CalVet may elect to include a fire drill at the time of testing the system.

m) The services shall be performed throughout the buildings.

n) CalVet reserves the right to salvage any equipment.

o) CalVet personnel shall be on site to assist.

p) Contractor shall provide in-service training semi-annually to any new plant employee if necessary.

q) Contractor shall coordinate the time and date of the test with the site engineer.

Per the guidelines of California Code of Regulations, Title 19 and National Fire Protection Association (NFPA) 25, the above referenced Inspections and tests shall include:

5) Annual Inspection of Fire Alarm System:

According to NFPA 72, should include the following devices:

a) Four (4) quarterly fire and life safety system testing and inspections (quarterly sprinkler testing and

100% testing and inspection of devices)

b) One (1) annual trip test according to all regulatory requirements

c) One (1) five (5) year certification (if applicable)

d) Full semi-annual service

e) Testing one (1) main fire panel

f) Testing of four (5) annunciator panels

g) Testing of sixty (60) strobes

h) Testing of thirty-four (34) chime strobes

i) Testing of one-hundred and twenty-nine (129) smoke detectors

j) Testing of eighty-four (84) smoke and heat detectors

k) Testing of sixty-one (61) heat detectors

l) Testing of fourteen (14) pull stations

m) Testing of nine (9) weatherproof horns

6) Annual test of Fire Hydrants:

According to NFPA 25, should include the following devices:

a) Testing of five (5) fire hydrants

7) Annual Inspection of Smoke Dampers:

According to NFPA 25, should include the following devices:

a) Testing of ninety-six (96) smoke dampers

8) Semi-annual Inspection of Pre-Action Riser:

According to NFPA 25, should include the following devices:

a) Testing of Pre-Action riser

9) Semi-Annual Inspection:

A. Kitchen hood fire suppression system (Ansul) including all five (5) fusible links B. Kitchen Hood Cleaning & Maintenance C. Contractor shall perform all work after hours, when the kitchen is not in use.

D. Clean all vertical and horizontal ducts, and all Ansul piping, heads, and sprayers E. Per NFPA 96, place a service sticker on the hood, and access doors clearly stating the date of inspection/service, status of equipment, company name, and lead technician's signature F. Inspect and high-pressure steam-clean hoods, and attendant fire suppression systems for the stove and control panel G. Replace parts or make any repairs necessary to allow system to function at manufacture recommended level

10) Quarterly Fire Sprinkler Inspections:

Per the guidelines of California Code of Regulations, Title 19 and National Fire Protection Association (NFPA) 25, the above referenced Quarterly Inspections shall include:

a) Flow Tests of Main Drains: all readings shall be recorded (if applicable)

b) Operations of flow switches, water flow bells, electric bells, tamper switches and all retard chambers

c) Complete visual inspection of entire system

d) Written report of inspection findings

e) Written report of system deficiencies identified during inspection

f) Six (6) year certification, if applicable

11) Annual Inspection of Fire Extinguishers:

According to NFPA 25, should include the following devices:

Testing and recertifying thirty (30) fire extinguishers:

a) Two (2) 8 lb ABC fire extinguisher.

b) One (1) "K" 20 Ib Class extinguisher/annual inspection

c) Four (4) 2.5 1b ABC Fire extinguishers certification

d) Five (5) 5 Ib ABC Fire extinguishers certification

e) Eighteen (18) 10 lb. ABC Fire extinguisher certification

12) Annual Inspection of Fire Doors:

According to NFPA 25, should include the following devices:

a) Testing thirty (30) fire doors

13) Cleaning Standards:

a) Contractor shall take necessary precautions to protect all areas, and take appropriate steps to protect any finishes and fixtures that might be affected by their work.

b) Plastic, canvas sheeting, cardboard and/or Masonite shall be used to protect flooring and surrounding fixtures and finishes during this work, as necessary.

c) On a daily basis Contractor shall completely dispose and remove dirt, dust, and construction and installation debris leaving the work areas neat and clean (vacuumed, if necessary).

14) Fire Extinguisher Training

All-inclusive fire extinguisher usage training for approximately 20 trainees per training to include class A, B, C, and K extinguishers, supplied by the contractor. (Note: simulated or mock fire extinguisher demonstrators are an acceptable substitute for actual live fire.) Generate a certificate of completion for each trainee that completed the training.

15) After completion of service, the Contractor shall submit a complete service report to the Contract Manager, or designated representative of the service provided. The report shall include: date of service, description of service provided, name and signature of service technician, location of equipment, equipment make, model and serial number, description of any noted deficiencies and suggested corrective action, total labor hours expended, and signature of State employee certifying indicated services were performed.

16) The Contractor shall report to the Contract Manager, or designee upon arrival at the facility with a service report for approval and signature upon completion of either the maintenance/inspection.

Invoices will only be paid if accompanied by a service report approved by either the CalVet Hospital Administrative Resident II or designee.

17) The Contractor shall obtain approval from the Contract Manager, or designee for any additional work to be accomplished.

5. LICENSES, PERMITS, AND CERTIFICATION REQUIREMENTS

Contractor shall ensure all licenses, permits, and certification requirements are verified and in good standing throughout the term of this Agreement.

A. All licenses, permits and insurance certificates (general, automotive, worker's compensation, et al).

B. Licenses required for service of Fire Alarm System in accordance with all regulatory requirements. Licenses required to service this system are C-16 and C-10 Electrical license issued by the California Contractors State License Board.

6. PREVAILING WAGES

A. In accordance with the provisions of Labor Code Section 1770 et seq., the Department has determined that the work performed under this Agreement constitutes public work, and the general prevailing wage rates are applicable in the county in which the work is being performed. The applicable prevailing wage rates are those established and published by the Director of Industrial Relations (DIR) and are available at: http://www.dir.ca.gov/oprl/pwd/.

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

2. The Contractor shall pay all workers performing work under this Agreement not less than the applicable prevailing wage rates for the classification of work performed.

3. Pursuant to Labor Code Section 1776, the Contractor and all subcontractors shall maintain accurate payroll records and submit certified payroll records electronically through the DIR’s electronic Certified Payroll Reporting (eCPR) system. Certified payroll records shall be submitted and made available to the Contract Manager upon request and prior to authorization of payment for work performed under this Agreement.

4. Pursuant to Labor Code Section 1725.5, the Contractor and all subcontractors shall be currently registered with the Department of Industrial Relations (DIR) and shall maintain active registration for the duration of the Agreement. No contractor or subcontractor may perform work under this Agreement unless properly registered with DIR.

B. Both parties shall retain a copy of the applicable prevailing wage 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 upon request in accordance with Labor Code Section 1773.2.

C. Pursuant to Labor Code Section 1775, the Contractor and any subcontractor shall, as a penalty to the State or political subdivision on whose behalf the contract is made or awarded, forfeit up to 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 of Industrial Relations for the work or craft in which the worker is employed. 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 dollars ($25) for each worker employed in the execution of the contract for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar week in violation of applicable labor laws. The awarding body shall take cognizance of all violations and report them to the Division of Labor Standards Enforcement.

E. Compliance and Enforcement

The State reserves the right to monitor compliance with all prevailing wage requirements, including review of certified payroll records. Failure to comply with prevailing wage laws, DIR registration requirements, or certified payroll reporting obligations may result in withholding payments, assessment of penalties, contract termination, and any other remedies available under law.

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 https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.dir.ca.gov%2Foprl%2Fpwd%2F&data=05%7C02%7COphelia.DeOllas%40calvet.ca.gov%7Ce206ab2730bc4ac861d108de85234b96%7C5b77b8ed547d427cbeb158a7d93b1f81%7C0%7C0%7C639094583813094548%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=s9%2BirxFiqNyzI5O%2Ff8Mo4v9hhA7VhN9mw9Q4P1n1yrw%3D&reserved=0 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 equipment performing within the manufacturer’s specifications. Contractor shall complete repairs at no additional charge to the Home. If repairs exceed $500, 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 will guarantee all services performed by Contractor’s service technicians, including any replaced parts, 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.

9. ACCIDENT/DAMAGE

Damage caused to the equipment covered herein due to fire, abuse, Act of God, accident, unauthorized alterations, disasters, the elements, failure of electrical power, misuse, use of unauthorized agents, vandalism or negligence by the State or its officers, agents, employees, or Home residents, are not covered by this agreement except on a time and material basis. Such repairs will be performed by the Contractor at the Contractor's current, published rates at the time service is required, but only after the Contractor has made an estimate of all costs involved and written documentation has been provided to the Contract Manager, or designee. CalVet is solely responsible for deciding what, if any, repairs shall be made.

10. WORK AREA WITH TOOLS

A. During the course of this work, Contractor shall protect the tenants and public from any hazards created.

B. All work shall be performed in a safe, professional and competent manner and in accordance with all applicable federal, state and local laws, code regulations and ordinances including, but not limited to, Safety and Health Act, and any and all environmental laws.

C. All work shall meet or exceed local industry standards and practices. Contractor is hereby notified that the State Division of Industrial Relations (DIR/ CalOSHA) has offices at this work site. Contractor shall provide all tools and equipment (hereinafter referred to as the "Tools") for performance of the work.

D. During the performance of the work, Contractor shall take all necessary steps to secure the equipment, materials and tools used in connection with the work to prevent interference therewith, dangerous conditions for any other persons using the property and the loss thereof.

E. All tools, equipment and other materials belong to the Contractor will be removed from the Home at the end of each work day. The State shall not be responsible for storage of any Contractor property.

11 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. 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 acceptability of the work performed and the operability of the equipment.

12. 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 the 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

5) Other employee benefits

13. REGULATORY REQUIREMENTS

Work installed or material used must comply with all the latest standards, codes, rules and regulations, and be in strict adherence to all authorities having jurisdiction including, but not limited to, the following:

1) Environmental Protection Agency (EPA) Regulations.

2) OSHA Standards and Regulations.

3) California Code of Regulations (CCR), Title 8, Chapter 4, General Safety Orders, Division of Occupational Safety and Health.

4) CCR Title 19, California Automatic Fire Extinguishing Systems, Laws and Regulations.

5) CCR, Title 24, Part 3, State Electrical Code.

6) California Building Standards Code.

7) Underwriter's Laboratories, Inc. (UL) Standards.

8) National Fire Protection Association, Sections 25, 70 and 72.

9) National Electric Code (NEFC).

10) National Electrical Manufactures Association (NEMA).

11) Inter-National Electrical Testing Association (NETA) 19.

12) ANSI A13.1 and NFPA 70 for color coding.

13) Regulations: Material and processes shall comply with applicable local, state, and other ordinances. In case of conflict with regulatory requirements and specified materials, regulatory requirements shall govern.

14) Manufacture's Specifications and Standards: At a minimum, shall comply with all manufacturers' recommendations, specifications and standards for same or similar application.

14. KEYS AND ACCESS CARDS

Keys and access cards shall be issued by the Engineering or Security Officer, as necessary.

1) Key or card issuance shall require a Contractor employee's driver's license or other form of state-approved picture identification.

2) Identifications shall be returned when keys are returned at the end of work shift.

3) The keys and access cards must be signed out at the beginning and signed in at the end of each work day/shift.

4) Lost access cards, keys and door lock keys must be reported to the building engineer immediately.

5) The charge for lost card key is $15.00

6) The charge for a lost door key is $5,000.00

15. CONTACT INFORMATION

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

1. CalVet Home Contract Manager Contract Manger: Cindy Gambill, Hospital Administrator Residents II Address: 10900 Telephone Road Ventura, CA 93004 Phone: (805) 659-7542 / Fax: (805) 659-7559

Email: Cindy.Gambill@calvet.ca.gov

2. Contractor Representative:

TBD

Address:

Email:

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:Cindy.Gambill@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 – Ventura Attn: TBD 10900 Telephone Rd Ventura, CA 93004

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”

12) Monthly employee wage and benefits reports as detailed in Exhibit B-2: Employee Wage and

Benefits Reporting Requirement.

13) 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 Service Cost Per Service

Quarterly Services (all-inclusive cost includes all labor, tools, equipment, materials, oil, fluids, incidentals, etc.)

Semi-Annual Services (all-inclusive: labor, tools, equipment, materials, oil, fluids, incidentals, etc.)

Annual Services (all-inclusive: labor, tools, equipment, materials, oil, fluids, incidentals, etc.)

6 Year Service Fire Extinguishers for - Maintenance of the Dry Chemical Fire Extinguishers

5 Year Service Fire Extinguishers for - Hydrostatic Testing and Chemical replacement on Extinguishers

Description of Service Hourly Rate

Non-Emergency Repair Service Monday - Friday, 7:00 am to 5:00 pm

Emergency Service Visit - Business Hours Monday - Friday, 7:00 am to 5:00 pm

Emergency Service Visit - Non -Business Hours Monday - Sunday, 5:00 pm to 7:00 am All day - weekends and holidays

Parts $2,000

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. DISABLED VETERANS BUSINESS ENTERPRISE (DVBE) PARTICIPATION (WITH GOALS)

A. The Contractor has complied with the requirements of Public Contract Code Section 10115 et seq. DVBE goals achieved are expressed as a percentage of the estimated dollar value of this contract, and are identified on the Bidder Declaration, GSPD-05-105, attached to and made a part hereof.

B. The following goals are the Contractor’s commitment set forth in this contract based upon the estimated total dollar mount to be expended:

1) 3% of work for DVBE(s)

2) If this contract is amended and the additional work can be included in the subcontracted work, the goals shall be amended to reflect this change.

9. 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…