Addendum__1_Q_and_A.pdf

NANCY BARGMAN

DIRECTOR

State of California—Health and Human Services Agency Department of Developmental Services

1215 O Street, Sacramento, CA 95814 www.dds.ca.gov

GAVIN NEWSOM

GOVERNOR

Notice to Prospective Proposers

RFP HD249076

Clients’ Rights Advocacy Addendum #1

03/21/2024

Questions and Answers

1. This addendum posts the questions and answers of proposers as per the Key Action Dates on the RFP.

HD249076 Clients’ Rights Advocacy

Questions and Answers

1. Can you provide a sample draft work plan, budgetary progress reports, and objectives for future months, as noted in C. Project Administration, PDF page 8 of 36?

ANSWER: See attached as a sample work plan. Contractor’s monthly invoices can be used for the budgetary progress reports.

2. Are attorney’s fees from sources other than DDS allowed under this agreement?

For example, from a school district after a due process proceeding as a service under the contract? The Scope of Work, Exhibit A, Section 1.M. reads, “The Contractor agrees not to claim any Attorneys’ fees and costs for work performed under this agreement. DDS reserves the right to offset any attorney’s fees and costs erroneously claimed by the Contactor for work performed under this agreement.” Section 13.N.1 says, “The Contractor shall prepare and submit to the DDS Project Representative mid-year and annual reports identifying…(h) the amount and source of any attorney’s fees and costs collected for performing the services required by this Contact.”

ANSWER: Employees hired to provide services under this agreement should not simultaneously be handling work outside of the scope of this agreement, including but not limited to, work that generates attorney’s fees. However, staff that are not providing services under this agreement, with a firewall between their work and the work employees handle under this agreement, would not be impacted by this agreement, including any work that generates attorney’s fees.

3. Exhibit B number 1.c. is in accordance with Public Contract Code (PCC) 12112.

Does this apply to prospective proposers who are not providing information technology or services?

ANSWER: Per PCC 10346, the ten percent (10%) withhold is applicable for consulting contracts such as this Agreement. The 10% withhold is listed in the RFP Section C (6) – Project Administration and Exhibit B (1)(c) of the Sample Agreement.

4. Exhibit B number 3 read, “Any line-item budget shift request made by the contractor exceeding 10% (or $10,000.00, whichever is lower) of the contact will require the State to request a formal amendment to the contract, and DGS approval, as applicable.” How will the State request this formal amendment, and how much time will the amendment and approval?

ANSWER: If the Contractor submits a line-item budget shift request to the DDS Project Representative, the Project Representative will approve or deny the request, as appropriate. If approved, and said shift requires a formal contract amendment due to exceeding the 10 percent or $10,000 limit, the DDS Contracts Unit will initiate the STD 213A Standard Agreement – Amendment form which will outline the changes to be made. The form is signed by both the Contractor and DDS and submitted for any necessary approvals. The approval and execution process can take up to 60 days from the time both parties sign.

5. Exhibit D reads, “If insurance coverage expires at any time during the term of this Agreement, Contractor agrees to provide, at least thirty (30) days before said expiration date, a new Certificate of Insurance evidencing insurance coverage as provided herein for not less than the remainder of the term of the Agreement or for period of not less than one (1) year.” What will be the State’s process and timeline to get the new insurance certificate approved for a Contractor whose insurance always expires on September 30 of each year and renews on October 1 of each year?

ANSWER: DDS will require the new Certificate of Insurance within 30 days of the expiration of the current COI.

6. What is the definition of “executive personnel” for the purposes of the following sections: Exhibit A number 10 and Exhibit D numbers 22 and 40. Also, what is the definition of, “replacement” in Exhibit D, number 40?

ANSWER: Volume 1 Section 5.35(5)(e) of the State Contracting Manual considers “executive personnel” to be those “major contract participants who will exercise a major policy, administrative, or consultant role in carrying out the services.”

Deliverables Responsible

Parties Begin Date Completion Date

Scope of Work 1 The Contractor shall assign project manager including all other staff information assigned to this contract.

2 The Contractor shall submit to DDS an initial detailed work plan that includes objectives, activities, responsible parties, and targeted timelines.

3 The Contractor shall track and provide monthly invoices outlining expenditures.

Accounting Monthly

4 The Contract shall provide a monthly roster for all authorized positions, including vacant positions.

Monthly

5 The Contractor shall meet with DDS monthly or more frequently as needed.

6 Mid-year and Annual Reports 7 Goals/Title 17 section 50550 To assure that the rights of each developmentally disabled client served by the regional center, including applicants and individuals referred for services, are guaranteed, protected, and asserted as requested by or on behalf of the client.

Ongoing

To monitor compliance with the posting requirements of Section 50520 (b), and the notification of rights provisions of Section 50520 in any licensed facility which serves clients of the regional center.

To investigate and to facilitate resolution of all complaints involving violation, withholding or punitive denial of rights which are brought by or on behalf of any client served by the regional center.

To initiate inquiry into any violation, withholding or punitive denial of any right to which a regional center client is entitled where the client is unable to do so

To assist clients in the pursuit of administrative and legal remedies. If the complaint is against an employee, a policy, or the operations of the regional center, the clients' rights advocate may refer the client to any agency which can provide representation.

To advise the regional center director on the development and implementation of the regional center clients' rights assurance program.

To serve as local consultant and resource person on the issue of rights for individuals with developmental disabilities to clients, families, regional center staff and other interested persons within the area served by the regional center.

To act as the liaison between the regional center and the Clients' Rights Office.

To review and monitor all reports concerning the denial of rights for good cause which are submitted as required by Section 50536.

Objectives to Complete Goals 8 Orientation for Staff 9 Staff Training 4 times a year