CRISISline_IFB_2016_Final_Full_IFB.doc

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

edmund G. Brown jr. Governor

CALIFORNIA DEPARTMENT OF AGING

1300 NATIONAL DRIVE, SUITE 200

SACRAMENTO, CA 95834

Internet Home Page www.aging.ca.gov

TDD Only 1-800-735-2929

Main Fax (916) 928-2267

Main Office (916) 419-7500

Office of the Long Term Care Ombudsman

IFB #OM-16-01

INVITATION FOR BID

Notice to Prospective Bidders

March 9, 2016 You are invited to review and respond to this Invitation for Bid (IFB), entitled (IFB‑#OM‑16-01 CRISISline). In submitting your bid, you must comply with the instructions found herein.

In the opinion of the California Department of Aging, this Invitation for Bid is complete and without need of explanation. However, if you have questions or should you need any clarifying information, the contact person for this IFB is:

Don Fingado

California Department of Aging

(916) 419-7157

Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum.

Don Fingado Contract Coordinator

STATE OF CALIFORNIA

Department of Aging

1300 National Drive, Suite 200

Sacramento, CA 95834

Office of the State Long-Term Care Ombudsman

“CRISISline Telephone Answering Services”

INVITATION FOR BID (IFB)

IFB-#OM-16-01

Table of Contents Section

Page No.

A) Purpose and Description of Service …………………………………………..

B) Bidder Minimum Qualifications ………………………………………………...

C) Bid Requirements and Information ……………………………………………

1) Time Schedule ……………………………………………………………….

2) Written Questions …………………………………………………………..

3) Submission of Bid ……………………………………………………………

4) Evaluation and Selection …………………………………………………...

5) Award and Protest ………………………………………………………

6) Disposition of Bid …………………………………………………………….

7) Agreement Execution and Performance …………………………………..

D) Preference Programs …………………………………………………………..

1) Small/Micro Business Enterprises (SBE) …………………………………

2) Non-Small Business Subcontractor Preference …………………………..

3) Disabled Veteran Business Enterprise Program (DVBE) ………………..

4) Nonprofit Veteran Service Agency (NVSA) Small Business Preference…

5) Target Area Contract Preference Act (TACPA) ………………………….

6) Combined Preferences ……………………………………………………… E) Darfur Contracting Act …………………………………………………………… F) Attachments ………………………………………………………………………

1) Document Check List (Attachment_1) …………………………………..

2) Bid/Bidder Certification Sheet (Attachment_2)

3) Cost Sheet (Attachment_3)

4) Bidder References.(Attachment_4)

5) Preference Program Forms and Instructions

5A.

GSPD 05-105 – Bidder Declaration

5B.

STD 830 – TACPA

6) Adherence to IFB Requirement (Attachment 6)

7) Contractor/Vendor Confidentiality Statement (Attachment 7)

8) Payee Data Record (Attachment 8)

9) CCC 307

(Attachment 9)

10) Scrutinized Firm Certification (Attachment 10) G) Evaluation Form H) Sample Contract Language …………………………………………………

Front Page – STD Form 213

Scope of Work - Exhibit A

Budget Details and Payment Provisions – Exhibit B

General Terms and Conditions – Exhibit C

Special Terms and Conditions – Exhibit D

Additional_Provisions – Exhibit E A) Purpose and Description of Services The California Department of Aging (CDA) is seeking bids for a contract to provide telephone answering coverage for a toll-free telephone CRISISline service. The service covered by the term of this Agreement is targeted to begin Friday, July 1, 2016 and end Saturday, June 30, 2018. The CDA Office of the State Long-Term Care Ombudsman (OSLTCO) is responsible for the administration of the toll-free CRISISline. State employees in the CDA OSLTCO will receive and respond to calls during regular State working hours. Contractor phone coverage will be for non-State working hours and some additional hours during business days. Implementation variables may necessitate adjustment to the actual start-up date. (See Scope of Work, Exhibit A for actual hours of coverage.)

The California Legislature in 1984 enacted as law, Section (§) 9726 of the Welfare and Institutions Code to make available to the public a toll-free telephone CRISISline, 24 hours a day, 7 days a week. The purpose of the CRISISline is to provide, in a centralized location, a statewide toll-free number to receive calls and provide responses concerning crises or problems affecting residents of long-term care facilities. Calls include referrals to other organizations, as appropriate.

B) Bidder Minimum Qualifications

The project goal is for the CDA OSLTCO to meet the requirements of the Welfare and Institutions Code, § 9726, with program continuity and accountability.

The objectives for the Contractor are to:

1) Provide for continuous coverage of the toll-free CRISISline number as detailed in the Sample Exhibit A of the Contract. The service must be accessible to deaf and hearing impaired individuals. The telephone number that the 800 number will be forwarded to must be in the Local Exchange/District Area: Sacramento/North or a toll free 800 number.

2) Provide multilingual, language interpretation service over the telephone on an as needed basis. Calls may range from five (5) to fifteen (15) minutes in length.

3) Provide opportunities for the employment of older (55+) individuals to staff the CRISISline.

4) Assist in the development and provision of training to CRISISline operators at the beginning of the Contract and when needed thereafter.

5) Train and supervise CRISISline operators to respond to the CRISISline calls in a consistently receptive, appropriate, and professional manner. The place of employment shall be in California for training purposes.

Table of Contents B) Bidder Minimum Qualifications (Continued) 6) Ensure information security/confidentiality of information obtained by CRISISline operators. Contractor will require that each employee sign the Pledge of Confidentiality for Non-Certified CRISISline Agents (OSTLCO S0008), upon hire. Contractor will retain the signed form in personnel files.

7) Demonstrate the capability to provide effective, computer-assisted, telecommunication services in response to crisis calls regarding residents of 24‑hour long-term care facilities including skilled nursing facilities and residential care facilities for the elderly.

8) Provide a plan to ensure that services of the CRISISline will continue to be provided in the event of an emergency or natural disaster.

C) Bid Requirements and Information 1) Time Schedule

Below is the time schedule for this procurement. Proposers are advised of the following tentative schedule and are expected to adhere to the required dates and times. CDA reserves the right to modify this schedule at any time and will make reasonable efforts to notify the affected parties.

2) Written Questions

a. A Bidders’ Conference will not be held. CDA will instead accept and respond to Bidders’ written questions to clarify the IFB requirements.

b. What to include in your written inquiry:

· Your name, name of your agency, mailing address, and e-mail address.

· Reference to IFB section, page number, and/or other information useful in identifying the specific problem or issue in the IFB.

Table of Contents 2) Written Questions (Continued)

Submit questions by email or fax to:

California Department of Aging

1300 National Drive, Suite 200

Sacramento, CA 95834-1992

Attn: Don Fingado Attn: IFB # OM 14-01

FAX NO: (916) 928-2500

Email: don.fingado@aging.ca.gov 3) Submission of Bid

a) All bids must be submitted under sealed cover and sent to California Department of Aging and must be received by 4:00 p.m. April 1, 2016. It is the responsibility of the Bidder to ensure that the Bid is received by CDA by the specified time. CDA will not be responsible for any late or incomplete bids due to mistakes or delays of the Bidder or the carrier used by the Bidder. A postmark is not sufficient for proof of delivery. Bids received after 4:00 p.m., April 1, 2016 will not be evaluated and will be returned to the Bidder. Bids not submitted under sealed cover shall be rejected. Two (2) copies of the Bid must be submitted.

The sealed cover must be plainly marked with the IFB number and title, must show your firm name and address, and must be marked with “DO NOT OPEN,” as shown in the following example:

IFB Number OM-16-01 CRISISline Telephone Coverage

Company Name: ______________________

DO NOT OPEN

b) All bids must be mailed or delivered to:

California Department of Aging

CRISISLINE IFB OM-16-01

1300 National Drive, Suite 200 Sacramento, CA 95834 c) Costs for developing bids are entirely the responsibility of the Bidder and shall not be chargeable to the State of California.

d) The Bidder shall sign the Bid. An unsigned bid will be rejected. A bid may be signed by an agent of the Bidder only if he/she is an officer of a corporate bidder authorized to sign contracts on its behalf, a member of a partnership Submission of Bid (Continued) bidder, or if he/she is properly authorized by power of attorney or equivalent document submitted to the State prior to the submission of bids or with the Bid. By signing the Bid/Bidder Certification Sheet, Attachment 2, the signee certifies to the provisions listed above.

e) A bidder may withdraw his/her bid by submitting a written request for its withdrawal to the State, signed by the Bidder or an agent authorized in accordance with paragraph d) above. He/she may thereafter submit a new bid prior to such bid submission time. Modification offered in any manner, oral or written, will not be considered. Bids may not be withdrawn without cause subsequent to bid submission deadline.

f) Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause a bid to be rejected.

g) A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may reject any or all bids and may waive any immaterial deviation in a bid. The State’s waiver of immaterial defect shall in no way modify the IFB document or excuse the Bidder from full compliance with all requirements if awarded the Agreement.

h) An individual who is authorized to bind the bidding firm contractually shall sign Attachment_2. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid shall be rejected.

i) The awarding agency may modify the IFB prior to the deadline for submission of bids by the issuance of an addendum to all parties who received a bid package.

j) Before submitting a response to this solicitation, bidders should review, correct all errors and confirm compliance with the IFB requirements. Bidders are cautioned not to rely on the State during the evaluation process to discover and report to the Bidder any defects and errors in the submitted documents.

k) The State does not accept alternate contract language from a prospective contractor. A bid with such language will be considered a counter proposal and will be rejected.

l) No oral understanding or agreement shall be binding on either party.

Table of Contents 4) Evaluation and Selection Process

a) At the time of bid opening, each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB, and the CDA Evaluation Form.

b) The State will evaluate each bid to determine its responsiveness to the published requirements.

c) Bids that contain false or misleading statements, which do not support an attribute or condition claimed by the Bidder, may be rejected.

d) Award, if made, will be to the lowest bid from a responsive bidder.

e) Only one proposal or bid may be submitted by an entity: individual, firm partnership, corporation, joint venture or combination thereof. Receipt of more than one bid from an entity will result in all bids from that entity being rejected and returned to the Bidder.

5) Award and Protest

a) Upon written request by any bidder, notice of the proposed award shall be posted in a public place in the office of the awarding agency at least five (5) working days prior to awarding the Agreement.

b) If any bidder, prior to the award of agreement, files a written protest with the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7‑330, West Sacramento, CA 95605 and the awarding agency, California Department of Aging, 1300 National Drive, Suite 200, Sacramento, CA 95834, on the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the Agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter.

c) Within five (5) days after filing the initial protest, the protesting bidder shall file with the Department of General Services and the awarding agency a detailed written statement specifying the grounds for the protest. The written protest must be sent to the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605. A copy of the detailed written statement should be mailed to the California Department of Aging, 1300 National Drive, Suite 200, Sacramento, CA 95834. It is suggested that you submit any protest by certified or registered mail.

Protests to the Invitation for Bid must be received by the Department of General Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605 and California Department of Aging, 1300 National Drive, 5) Award and Protest - (Continued) Suite 200, Sacramento, CA 95834, as promptly as possible, but not later than 5:00 p.m. on April 14, 2016.

6) Disposition of Bid

a) Upon bid opening, all documents submitted in response to this IFB will become the property of the State of California, and will be regarded as public records under the California Public Records Act [Government Code Section 6250 et seq.] and subject to review by the public. The State cannot prevent the disclosure of public documents. However, the contents of all bids, draft proposals, correspondence, agenda, memoranda, working papers or any other medium that discloses any aspect of the Bidder’s proposal, shall not be made public until the “Notice of Intent to Award” is posted.

b) After the “Notice of Intent to Award” is posted, all documents submitted in response to this IFB will be open to inspection during regular business hours.

c) Any copying of bid documents shall be at the expense of the requester, unless waived by the State.

d) Bid packages may be returned only at the Bidder’s expense, unless such expense is waived by the awarding agency.

7) Agreement Execution and Performance

a) Performance shall start not later than the express date set by the awarding agency and the Contractor, after all approvals have been obtained and the Agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the awarding agency, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement. In addition, the Contractor shall be liable to the State for the difference between Contractor’s bid price and the actual cost of performing work by the second lowest bidder or by another contractor.

b) All performance under the Agreement shall be completed on or before the termination date of the Agreement.

Table of Contents D) Preference Programs

To confirm the identity of the lowest responsive bidder, CDA will adjust the total bid cost for applicable claimed preference(s). CDA will apply preference adjustments to eligible bidders according to state regulations following verification of eligibility with the appropriate office of the Department of General Services (DGS).

1) Small/Micro Business Preference

a. A responsive California small/micro business or bidder, certified in a relevant business category or type, will be granted a preference up to five percent (5%) of the lowest responsive bid, if that bid is submitted by a non-small/micro business. Non-small business means a responsive/responsible bidder that is not certified by the California Department of General Services as a small business or microbusiness. The “service” category or business type will most likely apply to this procurement. Nonprofit Veteran Service Agencies (NVSA) are to view the instructions in Provision 3 of this Section (Preference Programs).

b. Eligibility requirements and benefits can be found at:

http://www.dgs.ca.gov/pd/Programs/OSDS/GetCertified.aspx

c. To be certified as a California small/micro business and eligible for a bidding preference the business concern must meet the State’s eligibility requirements and must have submitted an application for small/micro business status no later than 5:00 p.m. on the bid submission deadline. "Submitted" means:

· Applicant fulfills all of the online application requirements. See the “Get Certified Manual” on the DGS website: http://www.dgs.ca.gov/pd/Programs/OSDS/GetCertified.aspx

· The online certification application is accepted through the online process.

d.

Prospective bidding firms desiring small business certification assistance may contact the Department of General Services by the following means:

1) (916) 375-4940 (Small business assistance)

2) Email: osdchelp@dgs.ca.gov

2) Non‑Small Business or Microbusiness Subcontractor Preference

a. Non-small business means a responsive/responsible bidder that is not certified by the California Department of General Services as a small business or microbusiness.

2.

Non‑Small Business or Microbusiness Subcontractor Preference - (Continued)

b. If the tentative low bidder is not a small/micro business, a bid preference up to five percent (5%) is available to a responsive non‑small business claiming twenty‑five percent (25%) small business subcontractor participation with one or more small businesses. This preference is authorized pursuant to Title 2, California Code of Regulations Section 1896.2 and Government Code Section 14835.

c. If a bidder claims the non‑small business subcontractor preference, the bid response must identify each proposed small business subcontractor, the participation percentage amount committed to each identified subcontractor, and substantial proof to enable verification of each subcontractor’s small business status. The total small business subcontractor participation must equal no less than twenty‑five percent (25%) of the total bid price or cost offered.

d. To be granted preference, each proposed small business subcontractor must possess an active small business or micro business certification issued by the California Department of General Services, must perform a “commercially useful function” under the Contract and the basic functions to be performed must be identified at the time of bidding.

3.

Disabled Veteran Business Enterprise Program For the purpose of this solicitation, the DVBE participation requirement is waived.

4.

Nonprofit Veteran Service Agency (NVSA) Small Business Preference

a. Pursuant to Military and Veteran Code Section 999.50 et seq., responsive/responsible nonprofit veteran service agencies (NVSAs) claiming small business/microbusiness preference and verified as such in the relevant category or business type prior to the bid submission due date will be granted a preference up to five percent (5%) of the lowest responsive bid, if the lowest responsive bid is submitted by a bidder not certified as a small business/microbusiness. The “service” category is the business type that will most likely apply to this procurement.

b. In granting small business preference to NVSAs, no bid will be reduced by more than $50,000. The preference cost adjustment is for computation purposes only and does not alter the actual cost offered by the Bidder.

c. To be eligible for the NVSA small business preference, the business concern must:

1) Request preference at the time of bid submission, and 4.

Nonprofit Veteran Service Agency (NVSA) Small Business Preference (Continued)

2) Become certified as a small business or micro business by the appropriate office of the California Department of General Services (DGS) prior to the Bid submission due date.

5.

Target Area Contract Preference Act (TACPA) Preference

a. Government Code (GC) section 4530 et seq. (TACPA)) provides that California based companies shall be granted a five percent (5%) preference, not to exceed a maximum of $50,000, whenever a state agency prepares a solicitation for services in excess of $100,000. The preference(s) shall apply if the worksite is not fixed by the government agency and the company can demonstrate and certify, under the penalty of perjury, that at least ninety percent (90%) of the total labor hours required to perform the services contract shall be performed at an identified worksite located in a qualified distressed area. TACPA preferences will only be applied if this procurement results in more than one responsive bid.

b. Additional work force preferences ranging from one percent (1%) to four percent (4%) can be earned by eligible bidders that agree to hire five percent (5%) to twenty percent (20%) or more of persons with a high risk of unemployment.

c. The granting of TACPA cannot displace an award to a certified small business.

d. Bidders seeking to obtain a TACPA preference must submit a completed STD 830 - Target Area Contract Preference Act with their bid. The preference request form must include the following:

1) All appropriate certifications.

2) The bidding firm’s name and the name of all suppliers and subcontractors that will work with the Bidder to fulfill the terms of the Contract along with the addresses of each of the worksite(s) and estimated labor hours.

3) County census tract number and block group number.

4) Bidder’s original signature.

5) The Bidder must indicate if seeking the additional one percent (1%) to four percent (4%) preference available for hiring persons with a high risk of unemployment, by checking the appropriate box on the preference request form.

Table of Contents 5.

Target Area Contract Preference Act (TACPA) Preference - (Continued)

e. TACPA preference cannot be claimed or granted if:

1) The lowest responsive bid does not equal or exceed $100,000 for the entire term, or

2) The work site or any part thereof is fixed or preset by the State, or

3) The services involve construction or a public works project.

f. A bidder who has claimed a TACPA preference and is awarded the Contract will be obligated to perform in accordance with the preference(s) requested, provided the preference was granted in obtaining the Contract. Firms receiving preference must:

1) Report their labor hours to the State and

2) Reference the State Contract on which the award is based for the specific reporting requirements.

g. Bidders wishing to learn more about TACPA requirements, and designated work site(s) in California should contact the appropriate office of the Department of General Services at (916) 375-4940. DGS will attempt to determine TACPA eligibility within two (2) working days.

6.

Combined preferences a.

The maximum preference or cost reduction any bidder may be granted for small business, non-small business subcontracting, and TACPA preferences combined is $100,000.

b.

Any firm that is granted any combination of non‑small business subcontracting preference cannot displace an award to a certified small business.

E.

Darfur Contracting Act of 2008 The Darfur Contracting Act of 2008 [Public Contract Code sections 10475, et seq.; Stats. 2008, Ch. 272] was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code section 10475.

A scrutinized company is a company doing business in Sudan as defined in Public Contract Code section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services. [Public Contract Code section 10477(a)].

E.

Darfur Contracting Act of 2008 – (Continued) Therefore, Public Contract Code section 10478 (a) requires a company that currently has (or within the previous three (3) years has had) business activities or other operations outside of the United States to certify that it is not a “scrutinized” company when it submits a bid or proposal to a state agency. Use the Scrutinized Firm Certification in Attachment 10.

A scrutinized company may still, however, submit a bid or proposal for a contract with a state agency for goods or services if the company first obtains permission from the Department of General Services (DGS) according to the criteria set forth in Public Contract Code section 10477(b).

Table of Contents Section F Attachments

ATTACHMENT 1

Document Checklist - Attachment 1 Complete this checklist to confirm the items in your proposal. Place a check mark or “X” next to each item that you are submitting to the State. For your proposal to be responsive, all required documents must be returned.

on or before 4:00 p.m. on April 1, 2016.

ATTACHMENT 2

BID/BIDDER CERTIFICATION SHEET

This Bid/Bidder Certification Sheet must be signed and returned along with all the “required attachments” as an entire package in duplicate with original signatures. By signing this document, the person signing does certify that he/she is authorized to sign for the Bidder.

A.

All required attachments are included with this certification sheet.

B.

The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification.

An Unsigned Bid/Bidder Certification Sheet May Be Cause for Rejection

1. Company Name

2. Telephone Number

2a. Fax Number

3. Address

Indicate your organization type:

4. ∏ Sole Proprietorship 5. ∏ Partnership 6. ∏ Corporation

Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No. (FEIN) 8. California Corporation No.

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date

14. Are you certified with the Department of General Services, Office of Small Business

Certification and Disabled Veteran Business Enterprise as:

a. California Small Business b. Disabled Veteran Business Enterprise Yes ∏ No ∏ Yes ∏ No ∏ If yes, enter your service code below:

If yes, enter certification number __________________________

NOTE: A copy of your Certification is required to be included if either of the above items checked “Yes.” Date application was submitted to OSBCR, if an application is pending.

Completion Instructions for Bid/Bidder Certification Sheet

Complete the numbered items on the

Bid/Bidder Certification Sheet by following the instructions below.

10, 11, 12, 13 Must be completed. These items are self-explanatory.

ATTACHMENT 3

COST SHEET

This attachment must be enclosed in a separate sealed envelope with the following wording on the front of the envelope: “Cost Sheet Enclosed - Do Not Open.”

For purposes of submitting a cost figure include the cost of all activities included in the terms and conditions of the Contract including the cost of interpretation services based on ten (10) calls per month, at five (5) minutes per call. Include interpretation cost in the cost and the hourly rate for additional hours.

The estimated number of calls to the CRISISline is approximately 1,450 monthly, at an average of four (4) minutes per call.

(Right click go to ‘worksheet object’, click ‘open’) – Fill in only areas highlighted in yellow. (To close click on top right hand corner ‘X” in red background or save as and copy and send the sheet back in the separate envelope.

Year 1

Year 2

7/1/16-6/30/17 7/1/17-6/30/18

The actual costs quoted above by the Bidder shall be binding for the term of the Agreement.

Billing Cycle = Monthly in arrears.

Table of Contents

ATTACHMENT 4

BIDDER REFERENCES

Submission of this attachment is mandatory. Failure to complete and return this attachment with your bid will cause your bid to be rejected and deemed non-responsive.

List below three (3) references of similar types of services performed within the last five (5) years.

If three references cannot be provided, please explain why on an additional sheet of paper.

REFERENCE 1

Name of Firm

Street Address City State Zip Code

Contact Person Telephone Number

Dates of Service Value or Cost of Service

Brief Description of Service Provided

REFERENCE 2

Name of Firm

Street Address City State Zip Code

Contact Person Telephone Number

Dates of Service Value or Cost of Service

Brief Description of Service Provided

REFERENCE 3

Name of Firm

Street Address City State Zip Code

Contact Person Telephone Number

Dates of Service Value or Cost of Service

Brief Description of Service Provided

ATTACHMENT 5A

Bidder Declaration

GSPD 05-105

Two Page Document

(Double click on form)

ATTACHMENT 5B

STD 830

ATTACHMENT 6

(Print out, fill in)

ADHERENCE TO IFB REQUIREMENTS

By signing this document the Bidder agrees to meet all the requirements in Exhibit A, Exhibit B, Exhibit C, Exhibit D, and Exhibit E, including but not limited to:

1.

Provide continuous coverage of the toll-free telephone CRISISline as detailed in the Scope of Work (Exhibit A).

2.

Provide opportunities for the employment of older (55+) individuals.

3.

Work with personnel within the CDA Office of the State Long-Term Care Ombudsman (OSLTCO) to assist in the development and provision of training to CRISISline operators.

4.

Provide staff capable to train and supervise CRISISline operators to respond appropriately to callers.

5.

Assure the maintenance of confidentiality.

6.

Provide multilingual interpretation services over the telephone.

7.

Be willing to purchase, or already possess, the necessary computer assisted, telecommunication equipment and software that is needed to perform the required responsibilities of this Agreement. Funds from this Agreement may not be used for these purchases.

8.

Provide a plan to ensure that services of the CRISISline will continue to be provided in the event of an emergency or natural disaster within thirty (30) days after the start date of the Contract.

Signature

Date

ATTACHMENT 7

(Print out, fill in) (To be signed by awarded Contractor prior to Contract start date) State of California

Department of Aging

Contractor/Vendor Confidentiality Statement

CDA 1024 (REV 1/07)

Certification

I hereby certify that I have reviewed this Confidentiality Statement and will comply with the following Statements.

Contractor/Vendor Name:

Contract Number:

Authorized Signature:

Printed Name and Title of Person Signing:

In compliance with Government Code 11019.9, Civil Code 1798 Et. Seq., Management Memo 06-12 and Budget Letter 06-34 the California Department of Aging (CDA) hereby requires the Contractor/Vendor to certify that:

· confidential information shall be protected from disclosure in accordance with all applicable laws, regulations and policies.

· all access codes which allow access to confidential information will be properly safeguarded.

· activities by any individual or entity that is suspected of compromising confidential information will be reported to CDA by completing a Security Incident Report, CDA 1025.

· any wrongful access, inspection, use, or disclosure of confidential information is a crime and is prohibited under state and federal laws, including but not limited to California Penal Code Section 502; California Government Code Section 15619, California Civil Code Section 1798.53 and 1798.55, and Health Insurance Portability and Accountability Act.

· any wrongful access, inspection, use, disclosure, or modification of confidential information may result in termination of this Contract/Agreement.

· obligations to protect confidential information obtained under this Contract/Agreement will continue after termination of the Contract/Agreement with CDA.

· all employees/subcontractors of the Contractor/Vendor will complete the required Security Awareness Training module located at www.aging.ca.gov, within thirty (30) days of the start date of this Contract/Agreement or within thirty (30) days of the start date of any new employee or subcontractor. Contractor/Vendor may substitute CDA’s Security Awareness Training program with its Security Training provided such training meets or exceeds CDA’s training requirement.

· all employees/subcontractors of the Contractor/Vendor will be notified of CDA’s confidentiality and data security requirements.

· CDA or its designee will be granted access by the Contractor or Vendor to any computer-based confidential information within the scope of the Contract.

· I agree to protect the following types of confidential information which include but not limited to:

· Social Security number

· Medical information

· Claimant and employer information

· Driver License information

· Information about individuals that relate to their personal life or identifies or describes an individual

· Other agencies’ confidential and proprietary information

· Criteria used for initiating audit selection

· Methods agencies use to safeguard their information (computer systems, networks, server configurations, etc.)

· Any other information that is considered proprietary, a copyright or otherwise protected by law or contract.

· I agree to protect confidential information by:

· Accessing, inspecting, using, disclosing or modifying information only for the purpose of performing official duties.

· Never accessing, inspecting, using, disclosing, or modifying information for curiosity, personal gain, or any non-business related reason.

· Securing confidential information in approved locations.

· Never removing confidential information from the work site without authorization.

ATTACHMENT 8

(To be signed by awarded Contractor prior to Contract start date)

ATTACHMENT 9

(Print out, fill in)

CCC-307

CERTIFICATION

(To be signed by awarded Contractor prior to Contract start date)

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.

Contractor/Bidder Firm Name (Printed)

Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

CONTRACTOR CERTIFICATION CLAUSES

1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. [Gov. Code §12990 (a-f) and CCR, Title 2, Section 8103] (Not applicable to public entities.)

2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:

a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

b. Establish a Drug-Free Awareness Program to inform employees about:

1) the dangers of drug abuse in the workplace;

2) the person's or organization's policy of maintaining a drug-free workplace;

3) any available counseling, rehabilitation and employee assistance programs; and,

4) penalties that may be imposed upon employees for drug abuse violations.

c. Every employee who works on the proposed agreement will:

1) receive a copy of the company's drug-free workplace policy statement; and,

2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the Department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the Contract equal to the lessor of thirty (30) multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or ten percent (10%) of its contract with the State.

Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.

5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:

a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the State pursuant to the Contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.

b. The Contractor agrees to cooperate fully in providing reasonable access to the Contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the Contractor’s compliance with the requirements under paragraph (a).

7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1, 2007, the Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3.

DOING BUSINESS WITH THE STATE OF CALIFORNIA

The following laws apply to persons or entities doing business with the State of California.

1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code §10410):

1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.

2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code §10411):

1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.

2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420)

Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))

2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:

a. When agreements are to be performed in the State by corporations, the contracting agencies will be verifying that the Contractor is currently qualified to do business in California in order to ensure that all obligations due to the State are fulfilled.

b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the State not be subject to the franchise tax.

c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.

6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.

Table of Contents

ATTACHMENT 10

(Print out, fill in) Scrutinized Firm Certification Pursuant to Public Contract Code section 10478, if a bidder or proposer currently or within the previous three (3) years has had business activities or other operations outside of the United States, it must certify that it is not a “scrutinized” company as defined in Public Contract Code section 10476.

Therefore, to be eligible to submit a bid or proposal, please complete only one of the following two paragraphs (via initials for Paragraph # 1, or via initials and certification for Paragraph # 2):

1.

We are a scrutinized company as defined in Public Contract Code Initials section 10476, but we have received written permission from the Department of General Services (DGS) to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal.

OR

2.

We currently have, or we have had within the previous three (3) years, Initials business activities or other operations outside of the United States, + certification but we certify below that we are not a scrutinized company below as defined in Public Contract Code section 10476.

CERTIFICATION For # 2.

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective proposer/bidder to the clause listed above in # 3.

This certification is made under the laws of the State of California.

Proposer/Bidder Firm Name (Printed)

Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Section G CDA Evaluation Form

Table of Contents

CDA EVALUATION FORM

(For internal use Only) Bidder Name:______________________________

Evaluator Name:____________________________

Date:___________________ All bids are required to meet the following requirements to be considered in the evaluation process:

Section H

Contract Language

STATE OF CALIFORNIA

STANDARD AGREEMENT

CT-1617-XX

REGISTRATION NUMBER

1.

This Agreement is entered into between the State Agency and the Contractor named below:

STATE AGENCY'S NAME

California Department of Aging

CONTRACTO…