CS249004_IFB_Pharmacy_.pdf

STATE OF CALIFORNIA Gavin Newsom Governor.

DEPARTMENT OF DEVELOPMENTAL SERVICES

CANYON SPRINGS

69-696 RAMON ROAD

CATHEDRAL CITY, CA 92234

(760) 770-6242

FAX (760) 770-6249

INVITATION FOR BID

Notice to Prospective Bidders

IFB CS249004

Pharmacy Services June 13, 2024

You are invited to review and respond to this Invitation for Bid (IFB), entitled CS249004, Pharmacy Services. In submitting your bid, you must comply with these instructions.

Department of Developmental Services (DDS) reserves the right to modify the State’s Scope of Work, as mutually agreed to by the Contractor, to include additional work related to the Scope of Work in the event such work is identified, considered necessary to fulfill program requirements, and funds become available. The State also reserves the right to add additional funds during the term of the agreement. Any changes to the Scope and/or funding must be done in writing as an amendment.

Executive Order N-6-22- Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S.

government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contactor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions (GTC 04/2017) and Contractor Certification Clauses (CCC 04/2017) that can also be viewed and downloaded at Internet site https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources- List-Folder/Standard-Contract-Language

If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

Additionally, DVBE participation requirements have been waived for this Invitation for Bids on this agreement.

In the opinion of the Department of Developmental Services, Canyon Springs, 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:

Department Contact:

Les Berkey, Procurement and Services Officer I 69696 Ramon Road Cathedral City CA 92234 Phone: (760) 770-6242 Fax: (760) 770-6249

Leslie.Berkey@cs.dds.ca.gov https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language mailto:Leslie.Berkey@cs.dds.ca.gov

Table of Contents

Section Page

A) Purpose and Description of Services

B) Bidder Minimum Qualifications .................................................................... …3

C) Bid Requirements and Information

1) Key Action Dates ……………………………………………………………….4

2) Submission of Bid……………………………………………………………… 4-5

3) Evaluation and Selection……………………………………………………….5

4) Award and Protest………………………………………………………………5/6

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

6) Agreement Execution and Performance ……………………………………. 6

D) Preference Programs

1) Small Business Preference…..………………………………………………. 6

E) Required Attachments ............................................................................ 7-19

1) Required Attachment Check List

2) Bid/Bidder Certification Sheet ............................................................ 8-9

3) Cost Sheet

4) Copy of License

5) Bidder References

6) Darfur Contractors Act Certification ……………………………………13

7) CCC 4/2017 Contractors Certification Clauses (page 1 of 4) …. 14-17

8) California Civil Rights Law Certification .................................. ………18

9) Certified Small Business or DVBE, if applicable ……………………. 19

F) Supplemental Documents required with Standard Agreement

1) Exhibit A, Scope of Work**

2) Exhibit B, Budget Detail and Payment Provisions**

3) Exhibit C, General Terms and Conditions**

4) Exhibit D, Special Terms and Conditions**

5) Attachment, DDS Policy #423 Employment Practices within State Developmental Centers**

6) Attachment, DDS Sexual Harassment Prevention Policy**

7) Exhibit E, HIPPA Business Associate Agreement**

**These documents are not required with the bid package but are required upon award of the contract

*General Terms and Conditions and Contractor Certification Clauses (CCC 4/2017) can be found on the Internet at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources- List-Folder/Standard-Contract-Language

Or you can also be provided at the request of the bidder by contacting Canyon Springs, Attn: Les Berkey, 69-696 Ramon Road, Cathedral City, CA 92234, (760) 770-6242.

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

A) Purpose and Description of Services

Contractor agrees to provide Prescription Filling and Pharmacy Benefits Administration Services, and Physician Orders and Administration Records Generation to clients residing at Canyon Springs. Contractor will also provide reports and forms as required. Products are to be delivered to Canyon Springs, 69-696 Ramon Road, Cathedral City. Deliveries can be required multiple times per day, seven days per week. Contractor agrees to provide pharmacist assessment/consultation support services for the clients of Canyon Springs as requested by the Canyon Springs’ (CS) Project Representative. Services will be primarily provided in person with tele pharmacy services as appropriate.

B) Bidder Minimum Qualifications

1) Vendor must be licensed in good standing with all applicable State Boards of Pharmacy and in accordance with the standards of the State of California.

2) Bidder must comply with CCR, Title 22 (California Code of Regulations, Title 22) and CFR, Title 421 (Code of

Federal Regulations, Title 42) in all aspects relating to long term Intermediate Care Facilities for the Developmentally Disabled.

3) All services provided under this agreement shall be governed by and construed in accordance with the laws of the State of California. In addition, Vendor shall abide by all federal, state, and county laws and regulations that are applicable to the State.

4) Bidder must show proof of insurance for services provided.

5) Bidder must not be considered an excluded practitioner per Medicare OIG - List of Excluded individuals and entities.

6) Bidder must be able to fully comply with Medicare Part D requirements, as implemented, including on-line adjudication with third-party vendors.

7) Bidder must be able to provide an electronic integrated physician’s order system, which provides the facility with printed medication and treatment records, various/miscellaneous reports including but not limited to diagnosis vs prescription, drug interactions, and other monthly management reports (may be subcontracted to an acceptable vendor.)

8) Bidder must be capable of accepting faxed prescriptions. If the facility does not have access to a fax machine, the

Vendor must have procedures for accepting prescriptions over the telephone.

9) Bidder must be able to provide services 24 hours per day, 7 days per week, 365 days per year.

10) Bidder must be able to provide/transport/deliver supplies up to 3-4 times per day in a manner consistent with state and federal regulations. As the facility is located in the desert with seasonal extreme temperatures, Bidder must transport prescriptions in a manner that ensures that items requiring to be kept at room temperature do not exceed 86 degrees F, and that items requiring refrigeration are maintained in the range of 36 to 46 degrees F.

11) Bidder must be able to provide STAT prescriptions delivered to the facility within three (3) hours of the order being placed with Bidder.

12) Bidder must be able to provide monthly computer-generated records from handwritten, faxed or electronically submitted prescriptions.

13) Bidder must provide three (3) references for services performed within/during the last ten (10) years. The service should be similar to the scope in the Agreement CS249004, providing services to individuals in a California Long Term Care Facility.

14) Bidder agrees to provide pharmacist assessment/consultation support services for the clients of Canyon Springs as requested by the Canyon Springs’ (CS) Project Representative.

C) Bid Requirements and Information

1) Key Action Dates

Event Date

IFB Available to Prospective Bidders 06/13/2024 Written (E-mailed) Questions Submittal Deadline 06/18/2024 by 10:00 AM PST Answers to Bidders Questions Available 06/21/2024 by 1:00 PM PST Final Date for Bid Submission 06/25/2024 by 10:00 AM PST Bid Opening 06/26/2024 by 11:00 AM PST Notice of Intent to Award 07/03/2024 Contract Execution Date 07/15/2024 (Or when approved by the Department of General Services’ Office of Legal Services

2) Submission of Bid

a) The bid package shall be submitted via electronic means to the email address listed below. The subject line of the email shall be marked as “CS249004 Bid”. Bid submissions must be received no later than the date listed in Section C Key Action Dates.

Department of Developmental Services (DDS) Les Berkey Procurement & Services Officer

Leslie.Berkey@cs.dds.ca.gov

b) All bids shall include the documents identified in Section E, Required Attachment Checklist (see page #7). Bids not including the proper "required attachments" shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

c) All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm.

d) Electronic signature of the person authorized to bind the Bidder to this agreement is acceptable. Bids submitted without authorized signatures on all forms requiring signature may be rejected

e) 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.

f) 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. DDS and/or the State of California may reject any or all bids and may waive an immaterial deviation in a bid. DDS and/or the State of California’s waiver of an immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement. DDS’ sole discretion, a bid that is not complete or is determined to be nonresponsive will not be scored.

g) Costs incurred for developing bids and in anticipation of award of the agreement are entirely the responsibility of the bidder and shall not be charged to the State of California.

h) An individual who is authorized to bind the bidder contractually shall sign the Bid/Bidder Certification Sheet, page 8_#12. The signature should indicate the title or position that the individual holds in the firm. Electronic signature is acceptable. An unsigned bid may be rejected.

mailto:Leslie.Berkey@cs.dds.ca.gov

i) A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.

j) A bidder may withdraw its bid by submitting a written withdrawal request to the State, signed by the bidder or an authorized agent. A bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent to bid submission deadline.

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

l) The awarding agency reserves the right to reject all bids. The agency is not required to award an agreement.

m) Before submitting a response to this solicitation, bidders should review, correct all errors, and confirm compliance with the IFB requirements.

n) Where applicable, bidder should carefully examine work sites and specifications. Bidder shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered.

No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

o) DDS and/or the State of California does not accept alternate contract language from a prospective contractor/bidders. A bid with such language will be considered a counter proposal and will be rejected.

The State’s General Terms and Conditions (GTC), herein referred to as Exhibit C, are not negotiable.

p) Bidders, including the bidders’ representatives such as executives, officers, board members, and agents, must be responsible and have the capability to professionally carry out the terms of this contract. Those bidders/bidder representatives who have had a contract terminated with the California Department of Department of Developmental Services in the past 18 months will be disqualified and will not be considered in the award process.

This restriction extends to any and all entities for which the bidder representatives have been responsible for the in whole or in part (e.g. making decisions, managing operations).

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

4) Evaluation and Selection

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.

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

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

d) Award, if made, will be to the lowest responsive and responsible bidder.

5) Award and Protest

a) Whenever an agreement is awarded under a procedure, which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by telegram, electronic facsimile transmission, overnight courier, or personal delivery five (5) working days prior to the award of the agreement.

b) 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.

c) 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 Department of Developmental Services, Canyon Springs 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.

d) 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, California 95605. A copy of the detailed written statement should be mailed to the awarding agency. It is suggested that you submit any protest by certified or registered mail.

e) Upon resolution of the protest and award of the agreement, Contractor must complete and submit to the awarding agency the Payee Data Record (STD 204), to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. This form can be found on the Internet at https://www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx under the heading STD FORMS DIRECTORY. No payment shall be made unless a completed STD 204 has been returned to the awarding agency.

f) Upon resolution of the protest and award of the agreement, Contractor must sign and submit to the awarding agency, page one (1) of the Contractor Certification Clauses (CCC), which can be found on the Internet athttps://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources- List-Folder/Standard-Contract-Language

This document is only required if the bidder has not submitted this form to the awarding agency within the last three (3) years.

6) Disposition of Bids

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.

b) 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 on 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.

D) Preference Programs

1) Small Business Preference: CA Department of Rehabilitation

D) Required Bid Attachments

Pages 7-19 https://www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dor.ca.gov/Home/SmallBusinessCertificationBenefits

ATTACHMENT 1

REQUIRED ATTACHMENT CHECK LIST

A complete bid or bid package will consist of the items identified below.

Complete this checklist to confirm the items in your bid. Place a check mark or “X” next to each item that you are submitting to the State. For your bid to be responsive, all required attachments must be returned. This checklist should be returned with your bid package also.

Attachment Attachment Name/Description

_____ Attachment 1 Required Attachment Check List

_____ Attachment 2 Bid/Bidder Certification Sheet

_____ Attachment 3 Cost Sheet

_____ Attachment 4 Copy of Pharmacy License Copy of Licensing or Registration with US Drug Enforcement Administration (DEA)

_____ Attachment 5 Bidder References

_____ Attachment 6 Darfur Contracting Act Certification

_____ Attachment 7 Contractor Certification Clauses (CCC 4/2017)

______ Attachment 8 California Civil Rights Law Certification

_____ Attachment 9 If a certified Small Business or Disabled Veteran Business Enterprise, attach a copy of your current certification. If you/your business is not certified, check “Not applicable.”

□ Copy of Certification attached

□ Not applicable

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 with original signatures. The bid must be emailed in accordance with IFB instructions.

Do not return pages 2-6.

A. Our all-inclusive bid is submitted as detailed in Attachment 3, Cost Sheet

B. All required attachments are included with this certification sheet.

C. 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 Resources (OSBCR) as:

a. California Small Business Yes No

If yes, enter certification number:

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

NOTE: A copy of your Certification is required to be included if either of the above items is 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.

Item Numbers

Instructions

1, 2, 2a, 3

Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation.

The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

10, 11, 12, 13

Must be completed. These items are self-explanatory.

If certified as a California Small Business, place a check in the "Yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSBCR.

ATTACHMENT 3

COST SHEET

In compliance with your Invitation for Bids for Pharmacy Services., I hereby propose to perform the work as specified during the term July 15, 2024, through June 30, 2026, as follows (Canyon Springs currently has an average census of approximately 50 residents and is licensed for 63 beds):

House Stock/ Supply: WAC (Wholesale Acquisition Cost) _______+% + $_____ Dispense Fee Minimum $_____

Brand Medications Pricing Structure

Brand: WAC (Wholesale Acquisition Cost) _______+% + $_____ Dispense Fee Minimum $_____

Generic Medications pricing Structure

Generic: AWP (Average Wholesale Price) _______-% + $_____ Dispense Fee Minimum $_____

Over the Counter Medication pricing Structure

Over the Counter: AAC (Actual Acquisition Cost) _______+% $_____ Dispense Fee Minimum $_____

Consulting Services

Rate Per Hour $__________ X Number Of Hours 650 = Total $____________

The estimated hours indicated above will be used solely for computing the cost as a fair and equitable formula to determine the low bidder and is not binding on the contracting agency. However, the actual hourly rates quoted above by the bidder shall be binding for the term of the Agreement.

Computer Generated Medical Records (Canyon Springs currently has 63 licensed beds.)

Flat fee of $_____ per licensed bed, per month.

Flat fee is then calculated at $______ per month for services rendered.

Billing cycle:

Monthly Quarterly Semi-Annually Annually

Note: All services performed are paid in arrears according to billing cycle indicated above.

Company Name: ___________________________________

Bidder’s Signature Date

ATTACHMENT 4

1. Attach copy of Pharmacy License and Certification to this sheet.

2. Attach copy of Licensing or Registration with US Drug Enforcement Administration (DEA).

ATTACHMENT 5

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 nonresponsive.

List below three references for services performed within the last ten (10) years, which are similar to the scope of work to be performed in this contract.

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

Street Address City State Zip Code

Contact Person Telephone Number

REFERENCE 3

Street Address City State Zip Code

Contact Person Telephone Number

ATTACHMENT 6

SCRUTINIZED COMPANY CERTIFICATION (AKA – DARFUR ACT)

Pursuant to Public Contract Code section 10478, if a bidder or proposer currently or within the previous three 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 insert your company name and Federal ID Number and complete only one of the following three paragraphs (via initials for Paragraph # 1 or Paragraph # 2, or via initials and certification for Paragraph # 3):

Company/Vendor Name (Printed)

Federal ID Number

Printed Name and Title of Person Initialing (for Options 1 or 2)

1. _____ We do not currently have, and have not had within the previous

Initials three years, business activities or other operations outside of the United States.

OR

2. _____ 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

3. _____ We currently have, or we have had within the previous three 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 # 3.

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.

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County and State of

ATTACHMENT 7

Contractor’s Certification Clauses

CCC 04/2017

CERTIFICATION

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)

By (Authorized Signature)

Date Executed Executed in the County of

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 11102) (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 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 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).

http://www.dir.ca.gov/

7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3.

8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35.

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.

ATTACHMENT 8

CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

Pursuant to Public Contract Code section 2010, if a bidder or proposer executes or renews a contract over $100,000 on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

1. CALIFORNIA CIVIL RIGHTS LAWS: For contracts over $100,000 executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code); and

2. EMPLOYER DISCRIMINATORY POLICIES: For contracts over $100,000 executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code).

CERTIFICATION

I, the official named below, certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Proposer/Bidder Firm Name (Printed)

By (Authorized Signature)

Date Executed Executed in the County and State of

ATTACHMENT 9

If a certified Small Business or Disabled Veteran Business Enterprise, attach a copy of your current certification. If you/your business is not certified, check “Not applicable.”

□ Copy of Certification attached

□ Not applicable