CS269008_Exhibit_F_Consulting_Services_Provisions.pdf
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- Attached to
- On-Call Medical Physician Services
- Solicitation number
- CS269008
- Issued by
- California
About this file
This is a Consultant Services Provisions exhibit document (Exhibit F) for the State of California, Department of Developmental Services (DDS), establishing the standard terms and conditions governing consultant agreements under contract CS269008. The document outlines mandatory requirements for consulting services, including resume submission for agreements exceeding $5,000, restrictions on out-of-state travel without prior written authorization, and monthly progress reporting requirements for agreements involving progress payments. Contractors must present findings and submit comprehensive final reports by the contract termination date if requested by the DDS Project Representative, and state performance evaluations must occur within 60 days of service completion for agreements valued at $5,000 or more. Personnel changes require prior approval from the DDS Project Representative, and contractors must seek the most economical means of travel when travel expenses are reimbursable.
The agreement specifies that all products, data, reports, and written materials developed under the contract become the exclusive property of the State of California, with limited exceptions for pre-existing copyrighted materials. Contractors are prohibited from reproducing agreement products without express written approval from the DDS Project Representative. Financial disclosure requirements may apply based on the nature of the consultant services, as defined under California Code of Regulations Title 2, Section 18701(C)(2), and the Political Reform Act of 1974. Contractors awarded agreements become ineligible to bid on related services or goods derived from the contract deliverables, though subcontractors representing no more than 10 percent of the total contract value are exempt from this restriction. Any disputes regarding agreement interpretation or performance are resolved through binding written decisions issued by the Deputy Director of Administration or Administrative Services Director.
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Text version
CS269008
Exhibit F
CONSULTANT SERVICES PROVISIONS
1. Resumes
If this Agreement is for $5,000 or more, a resume for each participant who will exercise a major role in the project is attached hereto and made a part of this Agreement. Prior approval by the DDS Project Representative is required before any changes in personnel can be made to this project (SCM, Section 3.02.1, A.1.).
2. Travel Reimbursement Restrictions
If travel is a reimbursable item, necessary travel expenses and per diem rates shall not exceed the rates specified by the Department of Personnel Administration for comparable classes of state employees. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the State. Contractor shall seek the most economical means of travel possible (SCM, Section 7.30).
Travel is not a reimbursable item for this Agreement.
3. Financial Disclosure
Contractor understands that a financial disclosure statement may be required to be filed depending on the nature of the Agreement. Title 2, California Code of Regulations, Section 18701(C) (2), defines the term “consultant,” and the type of consultant services which make a state consultant either subject to, or exempt from, the financial disclosure requirements of the Political Reform Act of 1974, Government Code, Section 87100, et seq. If a financial disclosure statement is required, as determined by the State, you will be obligated to file a statement of economic interest as described in the California Code of Regulations, Section 50300.
4. Contracting Restrictions
Contractor is advised that being awarded this Agreement makes you ineligible to bid for or be awarded an Agreement for services or goods, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of this Agreement. Any subcontractor of no more than 10 percent of the total monetary value of this Agreement is exempt from this requirement (Public Contract Code, Section 10365.5).
CS269008
5. Progress Reports
If Contractor is receiving progress payments for the services provided under this Agreement, a monthly progress report shall be required to be submitted in writing to the DDS Project Representative each month on or before the tenth of the month following the first month of this Agreement. Said progress reports shall include, but are not limited to, a statement that Contractor is or is not on schedule, any pertinent reports or interim findings, and identify any difficulties or special problems so that remedies can be developed as soon as possible (SCM 3.02.1, B.2.).
6. Resolution Of Disputes
Any question or conflict regarding the interpretation or performance of the Agreement that is not disposed of by agreement between the parties shall be submitted to and decided by the Deputy Director of Administration (DDA) or the Administrative Services Director (ASD), whichever is appropriate. After receiving any oral or documentary evidence concerning the dispute, the DDA/ASD shall issue a written decision, which shall be binding on the parties to the Agreement.
7. Product Requirements
If this Agreement exceeds $5,000, any document or written report prepared as the subject or product of this Agreement shall be required to contain in a separate section the Agreement number and dollar amount of the Agreement and any subcontracts relating to the preparation of such document (Government Code, Section 7550).
8. Product Ownership
Contractor understands and agrees that all products, including but not limited to, data collected and analyzed, and written reports produced under this Agreement are the property of the State. The only exception will be products developed by Contractor and copyrighted prior to Contractor’s work on this Agreement. Contractor cannot make reproduction of the Agreement products without the express written approval by the DDS Project Representative.
Contractor
CS229004
9. Final Meeting
If requested, Contractor shall hold a final meeting with the DDS Project Representative to present the findings, conclusions, and recommendations of Contractor. In addition, Contractor shall submit a written comprehensive final report if requested by the DDS Project Representative. Both the final meeting and the final report, if required, must be completed on or before the termination date (SCM 3.02.1, B.5. and 6.).
10. Contractor Evaluation
Contractor is advised that performance under this Agreement is required to be evaluated within sixty (60) days of completion of the services if the Agreement is for $5,000 or more (Public Contract Code, Section 10369).
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