3._26YS0006_-_All_Exhibits_(A-D)_4.14.26.pdf

California Department of Veterans Affairs Agreement Number: 26YS0006 Exhibit A – Scope of Work TBD

BIOHAZARDOUS MEDICAL WASTE REMOVAL SERVICE

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 – Yountville, hereafter referred to as the Home, located at 100 California Drive, Yountville, California 94599. Contractor shall provide all labor, materials, staff, transportation, license, permits, and every other item of expense necessary, unless otherwise stated, to provide biohazardous waste pickup services. Services shall be provided at the Home, upon request, and in compliance with the terms of this Agreement.

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

Services shall be performed during business hours 8:00 a.m. to 4:00 p.m., Monday through Friday. 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. 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 all applicable federal and state laws and regulations and CalVet policies.

D. Contractor is not authorized to deliver or commence performance of services as described in the agreement until written approval has been obtained from the Contract Manager and the Contractor has received an executed contract from Cal Vet. 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. The Contractor must be legally authorized to conduct business in the State of California.

B. All services performed under this Agreement shall be performed by qualified personnel in the employ or under the direction of the Contractor.

C. Contractor must be registered with the California Department of Toxic Substances Control (DTSC) as a

Hazardous Waste Hauler and have a current U.S. Environmental Protection Agency (EPA) number.

D. Contractor shall be licensed and permitted as a hauler for the following:

1. Medical Waste to include Biohazardous, Pharmaceuticals, Sharps, and Pathological.

2. Chemotherapeutic Waste to include all trace contaminants (e.g., empty vials, ampules, intravenous therapy (IV) bags/bottles, tubing, and sharps).

3. Resource Conservation and Recovery Act (RCRA) hazardous pharmaceutical waste for proper disposal per the EPA, DTSC, and Title 42 of the U.S. Code (USC), Chapter 82, Section 6901.

3. LICENSES, PERMITS, AND CERTIFICATION REQUIREMENTS

A. Contractor shall ensure all licenses, permits, and certification requirements are verified and in good standing throughout the term of this Agreement. If any licenses and/or permits expire or change during the term of this Agreement, the Contractor shall provide CalVet with a copy of the renewed license(s) and/or permit(s) within thirty (30) calendar days. If the Contractor fails to keep all required license(s) and/or permit(s) in effect, CalVet, in addition to any other remedies it may have, may terminate this Agreement.

B. Required licenses, permits, certifications include:

1. City/County Business License;

2. CDPH Medical Waste Transporter Authorization Letter;

3. California Department of Food and Agriculture (DFA), Measurement Standard, Weigh Master

License (non-fixed) issued to the Hauler/Prime Contractor;

4. California Department of Motor Vehicles (DMV), Motor Carrier Permit. Contractor shall ensure that its drivers are properly licensed with DMV with the Hazardous Materials Endorsement on the DMV driver's license.

5. Proof of Contractor's satisfactory rating on the California Highway Patrol (CHP) BIT (Biennial Inspection of Terminal) Program. A copy of the inspection report or the CHP MISTER (Management Informational Systems Terminal Evaluation Record) form is acceptable as proof; and

6. DTSC Hazardous Waste Transporter Registration issued to the Hauler/Prime Contractor.

Contractor shall carry a copy of the Hazardous Waste Transporter Registration certificate while transporting waste. Contractor shall bear the responsibility during transportation.

C. Contractor shall be responsible for providing copies of required documents for subcontractors providing services under this Agreement.

4. CONTRACTOR’S RESPONSIBILITIES

A. Contractor shall provide the following services:

1. Collect medical waste, regardless of weight, four times a month on a weekly basis from areas designated by the Contract Manager. The Contractor shall perform services at a mutually agreed-upon schedule.

2. The Contractor shall notify the Contract Manager if unable to meet a scheduled pick-up and shall establish a mutually agreed-on date to provide service.

3. If a sub-contractor is utilized to perform any service, the Contractor must provide the sub-contractor’s name, address, phone number, contact person, EPA identification number, and all applicable State of California licenses and permits. All changes in the sub-contractual relationship during the term of this Agreement must receive prior approval from CalVet.

4. Contractor must ensure that the California Department of Public Health (CDPH) Medical Waste Transporter Authorization Letter is carried in each vehicle utilized under this Agreement. The driver, when requested by the Home's personnel, must make the CDPH Medical Waste Transporter Authorization Letter available.

5. At the time of pick-up and prior to removal of containers, the Contractor shall inspect medical waste packaged by the Home and immediately notify the Contract Manager or designee of necessary corrections to ensure compliance with all regulations and requirements. The Contractor shall make every effort to have non-conforming waste corrected and exclude all non-conforming waste prior to leaving the Home's pick-up location.

6. Unscheduled emergency pick-ups shall be on an "as requested" basis. Price per pick-up shall be in addition to the regular pick-up service fee. The Contractor shall make emergency pick-ups within 24 hours of notification.

7. Contractor shall be responsible for providing copies of required documents for subcontractors providing services under this Agreement.

8. Contractor shall designate a Project Manager to be responsible for ensuring the terms, conditions, and provisions of this Agreement are met. The Contractor shall notify the Contract Manager or designee within five (5) working days of a change in Project Manager.

9. Contractor shall maintain an active telephone line for direct communication by the Contract Manager or designee between 8:00 a.m. and 4:00 p.m., Monday through Friday.

10. Contractor drivers and handlers of medical wastes must be:

a. Equipped with disinfectants that meet the requirements, as defined in HSC Sections 118295 and 118300;

b. Trained and equipped in spill clean-up, decontamination, and disinfection procedures;

c. Required to wear protective gloves, coveralls, or other protective clothing or equipment while handling and transporting medical waste;

d. Carry extra biohazard bags, sharps containers, pharmaceutical containers, and other supplies and equipment (tongs, shovels, etc.) to repackage any waste which may spill during handling;

and

e. Follow their Medical Waste Operations Plan, Injury and Illness Prevention Program, Transportation Security Plan, and implement their Medical Waste Contingency Plan when required.

11. At the conclusion of each service call, the Contractor shall:

a. Remove all medical waste according to the scheduled time frame specified under "Request for Services";

b. Clean and disinfect each storage bin, locker, and/or area, after pick up when visible contamination is present.

c. Inspect all designated medical waste containers to ensure compliance with HSC §§ 118275

– 118320. The Home will conduct periodic inspections of the storage bins and lockers and its immediate area. The Contractor shall immediately correct all unsanitary conditions or deficiencies noted by Home inspections.

d. Provide a complete medical waste tracking manifest, fully signed and dated, at the time of each pick-up, pursuant to HSC, Division 104, Part 14, Chapter 6, Section 118040 (HSC § 118040);

1. The document shall be properly executed, signed, and dated by the Contract Manager or designee and the waste hauler. Only the Contract Manager or designee shall review and sign the original manifest on behalf of CalVet (for billing authorization) prior to shipment of waste.

a. Within fifteen (15) calendar days after waste pick-up, a copy of the original manifest with the disposal site information section completed shall be furnished to the Contract Manager or designee.

b. Invoices will be processed by the Contract Manager or designee upon receipt of a copy of the treatment, storage, and disposal facility manifest, establishing acceptance of the waste at the disposal site, and the Certificate of Disposal from the disposal facility.

12. The Home reserves the right to increase, decrease, or change services, as needed, to accommodate any unforeseen increase or decrease in the volume of waste collected. The Home will compensate the Contractor only for actual services rendered in accordance with the terms and conditions specified.

13. 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.

14. The Contractor shall notify the Contract Manager or designee of any citations, infractions, or violations that relate to services involving the Home's waste, as well as any proceedings or litigation which may lead to the revocation of permits or licenses which relate to services provided under this Agreement.

15. If the Contractor inadvertently picks up non-conforming or hazardous waste that is not covered under this Agreement, the Contractor shall notify the Contract Manager or designee within twenty-four (24) hours. The Contractor and the Contract Manager will work to resolve any issues.

16. Missed pickups shall be corrected within 24 hours or may result in invoice reduction.

17. For the collection, removal, transportation, and disposal of infectious medical wastes, the

Contractor shall comply with all requirements of the:

a. Code of Federal Regulations (CFR), Title 49, Sections 172.444 and 173.386-173.388;

b. Medical Waste Management Act (MWMA or HSC, Division 104, Part 14, Sections 117600 –

118360 et seq.);

c. California Code of Regulations (CCR), Title 22, Divisions 4 and 4.5;

d. California Vehicle Code Sections 34500 and 34501 with applicable provisions of hazardous materials regulations adopted by the CHP governing containers, packing, labels, marking, vehicle placards, shipping certificates and incident reporting.

B. RECORDS/REPORTS

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

2. Contractor shall provide the Contract Manager or designee with copies of all documents relating to each service performed, including but not limited to medical waste tracking and record-keeping documents, certificate (s) of destruction, and all related licenses and permits required by the appropriate governmental authorities per HSC § 118040.

3. Contractor shall provide the Contract Manager or designee with a certificate of disposal/destruction within thirty (30) days for each load shipped from the Home. Failure to provide the certificate of disposal/destruction shall delay payment of the invoice until the certificate is received.

4. Within thirty (30) calendar days after medical waste pick-up, the Contractor shall provide to the Contract Manager or designee a written report of the total pounds of each category of waste picked

up. The categories of medical waste shall be

a. Biohazardous

b. Pharmaceutical

c. Sharps

d. Pathological

e. Chemotherapeutic

f. RCRA Hazardous Pharmaceutical.

5. Contractor shall provide the following reports to the Contract Manager or designee within fifteen

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

a. Quarterly Usage Report: Shall include total weight of waste by category (biohazardous medical, pharmaceutical, sharps, pathological, chemotherapeutic, and RCRA hazardous pharmaceutical) collected, quantity autoclaved, quantity incinerated, and total cost for each pick-up location;

b. Semi-Annual Report for Incinerator Ash: Shall include analysis of the ash waste characteristics to be provided to the Contract Manager;

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 (upon Contract approval to June 30): Shall include a list of all treatment and disposal facilities used for Home’s waste under this Agreement.

C. WASTE CONTAINER AND CONTAINMENT REQUIREMENTS

1. Contractor shall thoroughly wash, decontaminate, deodorize, and dry each reusable rigid container and lid, inside and outside, after each use and prior to delivery to the Home. Any containers and lids delivered to the Home having standing liquid and/or objectionable odor shall not be accepted and shall be promptly replaced by the Contractor upon notice from the Home.

2. Contractor shall provide sufficient number of appropriate storage containers with lids. These containers shall be for medical, biological, chemotherapeutic, and pathological waste so that the waste can be properly stored and packaged for the scheduled pick-ups.

3. All Contractor-furnished medical waste containers and transport containers shall be in accordance with requirements set forth in HSC §§ 118275 – 118320. The Home will determine container size and locations. The storage containers shall be delivered to the locations specified by the Home's Contract Manager or designee.

4. Contractor shall provide EPA-approved, leak-proof medical waste storage containers with tight fitting covers certified to meet or exceed State of California standards and licensing requirements.

5. Contractor shall remove full containers and replace with empty containers on a one-for-one basis.

6. Contractor shall replace any broken containers and/or provide replacement containers, as needed, at no additional cost to the State.

7. Contractor shall provide the necessary biohazard signage and labels needed for medical waste storage and/or laboratory rooms at no additional cost to CalVet. The Contractor shall ensure all designated medical waste storage areas, bins, and lockers have warning signs in place. The warning signs shall be in English, "CAUTION - BIOHAZARDOUS 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 Section 118310.

D. METHOD OF DISPOSAL

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

a. Incineration - shall be in accordance with requirements set forth in HSC Section 118215(a) (1).

b. Steam Sterilization - shall be in accordance with requirements set forth in HSC Section 118215(2).

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

E. QUALITY CONTROL MONITORING

1. Contractor and subcontractor(s) shall be subject to announced or unannounced CalVet inspections of their operations, records, and facilities to verify compliance with services and/or provisions. This does not relieve the Contractor of the responsibility to perform internal inspections to ensure compliance and to ensure 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 Contract Manager or designee.

F. HEALTH AND SAFETY

1. Contractor must perform all services 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.

2. Contractor shall ensure that all personnel involved in the handling and packaging of medical waste are trained, in accordance with applicable laws, rules and regulations 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 medical waste substances.

3. Contractor shall provide the 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 Occupational Safety and Health Administration (OSHA) requirements.

4. Contractor shall immediately report to the Contract Manager or designee any accidents or injuries that occur on Home's property during the performance of service.

G. OPERATIONAL PLAN

1. The Contractor is required to submit an Operational Plan describing pick-up, transport, transfer, destruction, and final disposal of the medical waste to the Contract Manager for review and approval.

At a minimum, this plan must include the following:

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

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

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.

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

d. The time required from pick-up to final disposal of waste on any given day.

e. 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.

2. Contractor shall inform the Contract Manager in writing within five (5) working days of any changes in the Operational Plan prior to changes taking place. Any unforeseen occurrences which result either in implementation of the Contingency Plan OR deviation from the Operational Plan must be reported to the Contract Manager or designee within twenty-four (24) hours of occurrence.

H. REQUEST FOR SERVICES

1. Contractor shall perform service collections as specified:

a. Biohazardous Waste (except pharmaceutical waste) - as set forth in California Health and Safety Code (HCS), Division 104, Part 14, Chapter 9, Containment and Storage, §§ 118275 – 118320, under no circumstances shall biohazardous waste remain on Home grounds for more than seven (7) days.

b. Pathological Waste (including from dental extractions, minor tissue debridement, and incision and drainage procedures) - as set forth in HSC §§ 118275 – 118320, under no circumstances shall pathological waste remain on Home grounds for more than seven (7) days.

c. Sharps Waste - as set forth in HSC §§ 118275 – 118320, under no circumstances shall sharps waste remain on Home grounds for more than seven (7) days.

d. Pharmaceutical Waste (including sharps pharmaceuticals) - as set forth in HSC §§ 118275 – 118320, under no circumstances shall pharmaceutical waste remain on Home grounds for more than seven (7) days.

e. Chemotherapeutic Waste (including all trace contaminants, needles, syringes, tubing, used medication vials, gloves, gauze, etc.) - as set forth in HSC §§ 118275 – 118320, under no circumstances shall chemotherapeutic waste remain on Home grounds for more than seven

(7) days.

f. RCRA Waste – as set forth in 40 CFR § 261.20 - .24, under no circumstances shall RCRA waste remain on Home grounds for more than seven (7) days.

g. Unscheduled emergency pick-ups - as necessary due to unforeseen circumstances.

h. Pick-up day(s) will be Monday through Friday, 8:00 a.m. - 4:00 p.m., excluding holidays and weekends. However, pick-up day shall not have a lapse time of more than seven (7) days for biohazardous waste and sharps waste. Designated days and time shall be mutually agreed upon between the Contractor and the Contract Manager or designee.

i. Contractor shall provide 8-gallon pharmaceutical waste containers throughout the term of the contract. All pharmaceutical waste shall be managed in accordance with HSC §§ 118222, 118275, 11828.

j. Contractor shall provide 12-gallon pharmaceutical waste containers throughout the term of the contract. All pharmaceutical waste shall be handled and disposed of in compliance with HSC §§ 118222, 118275, and 118280.

k. Contractor shall provide 2-gallon chemotherapeutic waste containers throughout the term of the contract. All chemotherapeutic waste shall be managed in accordance with HSC §§ 118222, 118275, and 118280, including requirements for proper segregation, packaging, labeling, and storage.

l. Contractor shall provide 2-gallon RCRA hazardous waste containers throughout the term of the contract. All hazardous waste shall be managed in accordance with HSC § 25100 et seq.

and all applicable federal and state regulations governing hazardous waste accumulation, storage, and disposal.

m. Contractor shall provide 8-gallon RCRA hazardous waste containers throughout the term of the contract. All hazardous waste shall be handled in compliance with HSC § 25100.

I. WARRANTIES AND GUARANTEES

1. Contractor warrants that medical waste treatment, storage, and disposal sites shall be in compliance with all applicable federal, state, and local laws, rules, and regulations, and are suitable to receive medical waste.

2. Contractor shall notify the 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

3. Contractor shall notify the 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.

4. Contractor shall notify the Contract Manager or designee in writing within three (3) calendar days if any one of the following occurs that affects the scope of work:

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

b. Proceedings are commenced, which could lead to the revocation of permits or licenses;

c. Permits, licenses, or other governmental authorization are revoked;

d. Litigation is commenced against the Contractor;

e. Contractor becomes aware that its equipment or facilities are not in compliance with applicable laws, regulations, permits, or licenses; or

f. Impending financial problems prior to filing for bankruptcy protection.

5. Contractor warrants that in the event of an accidental discharge of medical waste, 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: HSC, Division 104, Part 14, et seq.; CFR, Title 49, U.S. Department of Transportation hazardous materials regulations;

and CHP regulations.

a. Contractor shall immediately notify the Contract Manager in writing of all details regarding the accidental discharge.

b. 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 prior to issuing public statements or press releases which would identify CalVet and/or the Home.

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

5. CALVET RESPONSIBILITIES

A. CalVet shall:

1. Place all empty sharps (i.e. syringes and needles) in sharps containers; pre-filled syringes with medicine still in them need to be emptied out first into the pharmaceutical containers then placed in the sharps containers; all other pharmaceutical waste (i.e. loose pills) shall be placed in pharmaceutical containers; and all biohazardous waste (i.e. blood, bodily fluids and pathological) shall be placed in biohazard bags prior to pick-up. Sharps containers may also be placed inside a biohazard container.

2. Place all biohazardous waste, except pharmaceutical waste, in a biohazard container prior to scheduled pick-up.

3. Place all chemotherapeutic waste in the yellow collection containers labeled “chemotherapy waste” or “chemo”.

4. Secure all sharps waste containers closed and ready for disposal to preclude loss of contents prior to scheduled pick-up.

5. Secure all pharmaceutical waste containers closed and ready for disposal to preclude loss of contents prior to scheduled pick-up.

6. DEFINITION OF TERMS

A. Contractor must be familiar with the requirements and definitions under the HSC, MWMA for medical waste removal and disposal. The following terms will either contain the definition as defined in the HSC or reference the section of the HSC. The HSC, MWMA is available at all local libraries or on the CDPH website.

1. Biohazard 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 biohazard 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 Section 117630]

2. Biohazardous Waste - as defined in the HSC Section 117690.

3. Chemotherapeutic Waste - as defined in the HSC Section 117690.

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

5. Container - the rigid container in which the medical waste is placed prior to transporting for purposes of storage or treatment. [HSC Section 117645]

6. Hazardous Waste Hauler - a person registered as a hazardous waste hauler pursuant to HSC Sections 25160 – 25169.3.

7. Medical Waste - as defined in HSC Section 117690.

8. Pathological Waste - as defined in HSC Section 117690.

9. Pharmaceutical - as defined in HSC Section 117747.

10. Sharps Container - a rigid puncture-resistant container that, when sealed, is leak resistant and cannot be reopened without great difficulty. [HSC Section 117750]

11. Sharps Waste - as defined in HSC Section 117690.

12. Storage - the holding of medical wastes, in accordance with HSC §§ 118275 – 118320, 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 Section 117765]

7. WORK AREA

A. While working, Contractor agrees to perform services with as little disruption as possible to the State's operations.

8. CONTACT INFORMATION

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

1. CalVet Home Representative/Contract Manager:

Veterans Home of California - Yountville

TBD

160 California Drive Yountville, CA 94599 Phone:

Fax:

2. Contractor Representative:

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. CalVet may execute amendments to extend the term for one (1) year extensions and add additional funds at the rates stated in Exhibit B-1, Rate Sheet. No amendment or variation of the terms of the Agreement shall be valid unless made in writing and agreed upon by both parties.

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 – TBD Attn: TBD Home Address Home City, State, and Zip code

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) 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.

Part 1 Schedule Pickup Service - Waste Price Per Pound

A. All-inclusive biohazardous medical waste (including pathological and sharps)

B. All-inclusive pharmaceutical waste

C. All-inclusive chemotherapeutic waste

D. All-inclusive RCRA waste

Part

Unscheduled Emergency - This Fee is in addition to the price per pound cost for types of waste picked up in Part 1 Price Per Pick Up

A. Additional fee for unscheduled emergency pick up within 24 hours of request

Part 3 Collection Containers and Supplies Cost Per Container

A. 8-Gallon Pharmaceutical Waste Container

B. 12-Gallon Pharmaceutical Waste Container

C. 2-Gallon Chemotherapeutic Waste Container

D. 2-Gallon Container (RCRA)

E. 8-Gallon Container (RCRA)

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, and their responses to the request.

2) The DVBE shall have up to five (5) business days from the postmark date to consent or oppose the substitution. A copy of the DVBE’s reply shall be sent simultaneously by certified mail to the Contractor and the CalVet Contract Manager.

3) When written oppositions to a substitution are filed, CalVet shall grant the DVBE a hearing. The hearing notice shall be issued within five (5) business days from receipt of the opposition. If CalVet grants the substitution, continue to G, below.

4) The CalVet Contract Manager shall submit…