CS259002_IFB_Clinical_Staffing_Services.pdf

STATE OF CALIFORNIA

DEPARTMENT OF DEVELOPMENTAL SERVICES

INVITATION FOR BID

CS259002

Notice to Protective Bidders

March 25, 2025

The Department of Developmental Services (DDS) is soliciting for service under the authority of Public Contract Code section 10340. You are invited to review and respond to this Invitation for Bid (IFB), entitled CS259002 Clinical Staffing Services. In submitting your bid, you must comply with all these instructions.

Note that all contracts entered into with DDS (also referred to as State of California and/or State), will include by reference General Terms and Conditions (GTC 02/2025) and Contractor Certification Clauses (CCC 04/2017). If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

The term of the contract is July 01, 2025 or when fully executed, whichever is later, through June 30, 2027. The State retains the option to renew the contract with one (1), one (1) year option to extend at original rates submitted by the Bidder. This contract may be terminated by DDS with thirty (30) days written notice to the Contractor.

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.

In the opinion of DDS, this Invitation for Bid is complete and without need of explanation. However, if you have any questions regarding this IFB, please contact the DDS assigned Contract Analyst shown below. Please reference the IFB number indicated above in all correspondence.

Department of Developmental Services ATTN: Leslie Berkey, Procurement Officer

Phone: (760) 770-6242 Email: Leslie.berkey@cs.dds.ca.gov

The State has waived the Disabled Veteran Business Enterprise (DVBE) Participation Program requirement for this contract.

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

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

Table of Contents

Section Page

A) Purpose and Description of Services………………………………………………3

B) Minimum Qualifications for Contractors/Bidders………………………………3-4

C) Bid Requirements and Information…………………………………………………4

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

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

3) Evaluation and Selection……………………………………………………….6

4) Award and Protest………………………………………………………………6

5) Disposition of Bids………………………………………………………………7

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

D) Preference Programs

1) Small Business Preference….………………………………………………...7

E) Required Attachments…………………………………………………………8-19

1) Required Attachment Check List

2) Bidder Certification Sheet ................................................................. 9-10

3) Cost Proposal Worksheet

4) Bidder References

5) Darfur Contractors Act Certification…………………………………….13

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

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

8) 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 02/2025**

4) Exhibit D Special Terms and Conditions**

5) Exhibit E, HIPPA – Statement of Assurances**

6) DDS Policy Memorandum #423**

7) Sexual Harassment Prevention Policy **

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

*General Terms and Conditions 02/2025 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 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

General Information

a) Contractor shall act as the State's strategic staffing partner to provide contingent licensed and certified clinical staffing to fill temporary vacancies and positions, substitute for Department of Developmental Services employees while on leave, provide temporary services when appropriate staffing levels cannot be maintained with civil service staff, and provide services when the requested services are not available within the State civil service. The State will communicate its clinical staffing needs to Contractor using a method agreed upon by the Parties. Contractor will use all reasonable efforts to recruit, submit and staff qualified Candidates to fulfill the State's needs.

b) The term of the contract is July 01, 2025, or when fully executed, whichever is later, through June 30, 2027.

DDS reserves the right to amend the contract for one (1) one (1) year option at the same rates. This contract may be terminated by DDS with thirty (30) days written notice to the Contractor.

B) Minimum Qualifications for Contractors/Bidders

a) Contractor will ensure that all Candidates at the time of assignment will be in compliance with California laws and regulations, Executive Orders of the Governor of California, directives from California government entities, such as the Department of Public Health, and Department of Consumer Affairs, and such other entities as requested by the State.

b) Contractor shall maintain on file Competency Documentation and Compliance Documentation for each Candidate. "Competency Documentation" will include documentation of the qualifications of each Candidate necessary to establish competency, which may depend on the position and type of Candidate at issue, but may include completed employment application and professional references, primary source verification of State Licensure, clinical skills checklist(s), unit and medication competency exams, Basic Cardiac Life Support and Advanced Certifications, and documentation showing that a Clinical Candidate has a minimum of one year of experience. "Compliance Documentation" will include the following: a negative 9-panel drug screen, negative PPD test results or Quantiferon Gold (or, if past positive PPD, chest X-ray with TB questionnaire), physical health screening as required by the State, Varicella documentation, Rubella, Mumps and Rubeola documentation, Hepatitis B documentation, OIG and GSA search, and criminal background check.

c) Contractor shall maintain documentation to the extent consistent with standards of the State's licensing entity and applicable laws.

d) Contractor must provide the State with proof of any required training, licenses, permits, certifications, background investigation and fingerprint clearances, drug screening clearances, and any other requested document, for each Candidate providing services under this Agreement. Services will be performed only by Candidates meeting current requirements, and services cannot start until approved by State.

e) Contractor must have sufficient Candidates to adequately provide comprehensive services to support operations and maintain appropriate staffing levels for all shifts, 24 hours per day, 7 days per week, including weekends and holidays. If at any time State determines that the Contractor does not provide sufficient staffing for services as outlined above, State may require Contractor to submit a corrective action plan within three (3) business days of notification.

f) If an assigned Candidate is terminated or otherwise leaves the Contractor, the Contractor will ensure that continuity of care is maintained by providing a replacement Candidate. If the absence creates a gap in service, Contractor will immediately notify State’s Project Representative by email and telephone call.

g) Contractor agrees that, unless otherwise noted herein, all expenses associated with travel to and from assignment, lodging, and all training expenses for Candidate shall be borne by the Contractor and will not be reimbursed by State. Any and all services performed outside the scope of this Agreement will be at the sole risk and expense of the Contractor.

h) To assist State in its exercise of the duty of care, Contractor shall provide high quality services, consistent with the terms and conditions under this Agreement and consistent with established and commonly accepted standards and principles of nursing practice.

i) Contractor shall report any hours worked by Candidates at other California agencies, departments, boards, commissions, or other governmental entities on a monthly report to Project Representative or her designee.

j) Contractor must provide three (3) references for services performed within the last ten (10) years. The service should be similar like to the Scope of Work in the agreement CS259002.

k) 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).

C) Bidder Requirements and Information

1) Key Action Dates

Bid Available to Prospective Bidders 03/25/2025

Written (E-mailed) Questions Submittal Deadline 04/03/2025 10:00 AM PST

Answers to Bidders Questions Available 04/10/2025

Final Date for IFB Submission 04/16/2025 10:00 AM PST

IFB Opening 04/17/2025 10:00 AM PST

Notice of Intent to Award 04/25/2025

Contract Execution Date 07/01/2025 (Or when approved by the Department of General Services’ Office of Legal Services)

2) Submission of Bids

a) All IFB’s must be submitted under sealed cover and sent to DDS, Canyon Springs by dates and times shown in Section C, IFB Requirements and Information, Item 1) Key Action Dates, (page 4). 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 # CS259002

Clinical Staffing Services Department of Developmental Services, Canyon Springs

Attn: Les Berkey 69-696 Ramon Road

Cathedral City, CA 92234

DO NOT OPEN

IFB not submitted under sealed cover may be rejected. A minimum of 1 (one) copy of the IFB must be submitted.

b) All IFB shall include the documents identified in Section E, Required Attachment Checklist (see page #8). IFB not including the proper "required attachments" shall be deemed non-responsive. A non-responsive IFB is one that does not meet the basic IFB requirements.

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

d) Mail or deliver IFB to the following address: Attn: Les Berkey

U.S. Postal Service Deliveries Hand Deliveries

(UPS, Express Mail, Federal Express)

Canyon Springs Canyon Springs 69-696 Ramon Road 69-696 Ramon Road Cathedral City, CA 92234 Cathedral City, CA 92234

e) IFB 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 an IFB to be rejected.

f) An IFB 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 IFBs and may waive an immaterial deviation in an IFB. The State's waiver of an immaterial deviation shall in no way modify the IFB document or excuse the Bidders from full compliance with all requirements if awarded the agreement.

g) Costs incurred for developing IFB 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 IFB contractually shall sign the IFB the Bidder Certification Sheet, page __9___#. The signature should indicate the title or position that the individual holds in the firm. An unsigned IFB may be rejected.

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

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

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

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

m) Before submitting a response to this solicitation, Bidder 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) The State does not accept alternate contract language from a prospective contractor. An IFB with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

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

3) Evaluation and Selection

a) At the time of IFB opening, each IFB 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 IFB to determine its responsiveness to the published requirements.

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

d) Award if made, will be to the lowest responsible Bidder.

4) Award and Protest

a) Whenever an agreement is awarded under a procedure, which provides for competitive IFB, 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.aspxunder the heading FORMS MANAGEMENT CENTER. 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 at https://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.

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

5) Disposition of Bids

a) Upon IFB 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) IFB packages may be returned only at the Bidder expense unless such expense is waived by the awarding agency.

6) 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 IFB 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: Search DGS.ca.gov

E) Required Attachments

Refer to page 2 for Required Attachments that are part of this agreement.

https://www.dgs.ca.gov/SearchResult

ATTACHMENT 1

REQUIRED ATTACHMENT CHECK LIST

A complete IFB package will consist of the items identified below.

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

Attachment Attachment Name/Description

_____ Attachment 1 Required Attachment Check List

_____ Attachment 2 IFB/ Bidder Certification Sheet

_____ Attachment 3 Cost Sheet

_____ Attachment 4 Bidder References

_____ Attachment 5 Darfur Contracting Act Certification

_____ Attachment 6 Contractor Certification Clauses (CCC 4/2017)

______ Attachment 7 California Civil Rights Law Certification

_____ Attachment 8 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

BIDDER CERTIFICATION SHEET

This Proposal/Bidder Certification Sheet must be signed and returned along with all the "required attachments" as an entire package in duplicate with original signatures. The IFB must be transmitted in a sealed envelope in accordance with IFB instructions.

Do not return Sections A - E (pages 2 - 7).

A. Our all-inclusive IFB 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 IFB document. The signature below authorizes the verification of this certification.

An Unsigned 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 Bidder Certification Sheet

Complete the numbered items on the 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 Bid CS259002 Clinical Staffing Services, I hereby propose to perform the work as specified during the term July 01, 2025 through June 30, 2027, as follows:

Contractor/Bidder understands that the volume of work to be performed as indicated below is an estimate only. The estimate is provided to identify the lowest responsible bidder for the purpose of awarding this contract. The estimated number of hours & staff indicated below 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 rates per procedure quoted below by the bidder shall be binding for the term of the Agreement.

Classification Bid Rate Per Hour

Number Of

Staff Needed

Number of Hours Per

Month

Number Of

Months

Total

Psychiatric Technician $ X 5 X 176 X 24 = $

Psychiatric Technician Assistant/CNA

$ X 5 X 176 X 24 = $

Total Amount Bid $

Billing cycle:

Monthly Quarterly Semi-Annually Annually

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

Company Name: ___________________________________

Bidder Signature Date

ATTACHMENT 4

BIDDER REFERENCES

Submission of this attachment is mandatory. Failure to complete and return this attachment with your IFB will cause your IFB to be rejected and deemed nonresponsive.

List below three references for services performed within the last ten (10) years, which are similar like 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 5

SCRUTINIZED COMPANY CERTIFICATION (AKA – DARFUR ACT)

Pursuant to Public Contract Code section 10478, if a Bidder 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 an IFB 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 IFB or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our IFB 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

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 6

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).

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):

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

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 7

CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

Pursuant to Public Contract Code section 2010, if a Bidder executes or renews a contract over $100,000 on or after January 1, 2017, the Bidder 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.

Bidder Firm Name (Printed)

By (Authorized Signature)

Date Executed Executed in the County and State of

ATTACHMENT 8

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