Sample_Contract.pdf

2. The term of this Agreement is:

Contractor Name Contract Number California Department of Corrections and Rehabilitation California Correctional Health Care Services Scope of Work Exhibit A

Note to Bidders:

In accordance with the Invitation for Bid (IFB) requirements, CDCR/CCHCS may award up to 4 (four) contracts (one for each region) depending on the outcome of bid evaluations.

For purposes of this Sample contract and to illustrate the full scope of services that are required, CDCR/CCHCS has included information pertaining all 4 (four) regions within this document.

SCOPE OF WORK

A. The Contractor agrees to provide to the California Department of Corrections and Rehabilitation (CDCR), California Correctional Health Care Services (CCHCS) all labor, including travel and per diem, materials, non-consumable supplies, transportation, equipment (including but not limited to reusable containers with lids/covers, bags, labels, etc.), and every other item of expense necessary to provide Medical Hazardous and Bio-hazardous Waste collection, removal, packaging, repackaging, loading, transporting and disposal services as defined in Exhibit A-1 - Detailed Scope of Work.

B. The Contractor agrees to adhere to the minimum qualifications and requirements as set forth in Solicitation # SD25-00042.

C. The Contractor’s work location will be at CDCR/CCHCS Institutions statewide, Headquarters locations in Sacramento and Elk Grove, all Regional Offices, and Central Fill Pharmacy as defined in Exhibit A-2 – Institutions by Region and Exhibit A-3 – Map of Participating Institutions.

1. Bio-hazardous Medical Waste shall be picked up and removed every seven (7) days from all institutions, Headquarters in Sacramento, Elk Grove, and all Regional Offices.

2. Hazardous Medical Waste shall be picked up and removed every ninety (90) days from the Central Fill Pharmacy only. CDCR/CCHCS reserves the right to add or remove institutions/facilities who will receive Hazardous Medical Waste pick-up through an official amendment to this contract.

D. The Contractor’s work hours shall be between 7:00 a.m. to 3:00 p.m., Monday through Friday.

Waste removals will not be scheduled on State holidays, but will be scheduled the previous workday. No overtime shall be authorized in conjunction with this Contract.

E. The term of this Contract shall be December 7, 2026, or upon approval, whichever is later, through December 6, 2029. The Contractor is not authorized to commence work, as described in this Contract, until the Contract has been fully executed. Any services provided prior to execution of the Contract shall be considered voluntary and non-compensable.

F. CDCR/CCHCS reserves the option to amend the Contract and reduce funds when it is in the best interest of the CDCR/CCHCS, or when fiscally necessary.

G. Licenses/Certifications: SB or DVBE certification(s) must be in effect for the duration of the Contract.

Scope of Work Exhibit A

H. The representatives during the term of this Contract will be:

CDCR/CCHCS Contract Manager Contractor Representative CDCR/CCHCS, Headquarters, Corrections Services

Contractor: TBD

Name: Name:

Phone: Phone:

Email: Email:

Direct all contract inquiries to:

CDCR/CCHCS Contract Analyst Contractor Representative Acquisitions Management Section Contractor: TBD Contract Analyst Name: Maggie Villucci Name:

Address:

Physical:

8280 Longleaf Drive, Building D-2 Elk Grove, CA 95758 Mailing:

PO Box 588500 Elk Grove, CA 95758

Address:

Phone: (916) 691-2865 Phone:

Email: maggie.villucci@cdcr.ca.gov Email:

Detailed Scope of Work Exhibit A-1

DETAILED SCOPE OF WORK

A. PURPOSE AND DESCRIPTION OF SERVICES:

The Contractor shall provide all transportation, labor, materials, supplies, and equipment (including but not limited to reusable containers with lids/covers, bags, etc.), for the collection, removal, packaging, repackaging, loading, transportation and disposal of Medical Hazardous and Bio-Hazardous Waste for CDCR/CCHCS at all institutions, Headquarters in Sacramento and Elk Grove, all Regional offices and Central Fill Pharmacy. Hereafter, “Medical Waste” shall be used when referring to any or all types of waste described in this contract.

Services shall be provided in accordance with Department of Health Services (DHS) regulations including Title 42 of the Code of Federal Regulations (CFR); Title 49 of the California Health and Safety Code (HSC); Medical Waste Management Act (MWMA), California Code of Regulations (CCR); Environmental Health, Vehicle Code, Sections 34500 and 34501, and California Highway Patrol regulations governing the requirements regarding the transporting of bio-hazardous and hazardous materials, and any other applicable laws, regulations, codes, or statutes.

B. CONTRACTOR RESPONSIBILITIES:

The Contractor shall:

1. Be responsible for providing all transportation, labor, materials, supplies and equipment to perform the services as set forth in the Contract.

2. Designate a Project Manager to be responsible for ensuring the terms, conditions, and provisions of the contract are met. The Contractor shall notify the CDCR/CCHCS Contract Manager or designee in writing within five (5) working days of a change in Project Manager.

3. Notify the CDCR/CCHCS Contract Manager or designee in writing one (1) month prior to merger or acquisition by another company.

4. Maintain an active telephone line for direct communication by the CDCR/CCHCS Contract Manager or designee between 7:00 a.m. and 3:00 p.m., Monday through Friday.

5. Provide the CDCR/CCHCS Institution/Facility liaison or designee the name, job title, address, and phone numbers (voicemail, fax, and direct cell phone) of three (3) representatives who the CDCR/CCHCS Institution/Facility liaison or designee may contact after business hours. Representatives shall be listed in order of Primary, Secondary and Tertiary contact.

6. Bring an official scale, approved by the State of California Department of Food and Agriculture (DFA), Measurement Standards Division, and shall weigh Medical Waste at the CDCR/CCHCS Institution/Facility before transport. The tare weight reflected on the Contractor’s documents shall be the same amount reflected on the monthly invoice.

7. Notify CDCR/CCHCS Institution/Facility liaison or designee of the presence of mixed waste. “Mixed Waste” is defined in Health and Safety Code Section 117730.

8. Immediately report to the CDCR/CCHCS Institution/Facility liaison or designee any accidents or injuries that occur on CDCR/CCHCS Institution/Facility property or during the performance of services involving CDCR/CCHCS Institution/Facility(s) Medical Waste.

9. Notify the CDCR/CCHCS Contract Manager or designee in writing within three (3) calendar days if the Contractor has any of the following occur:

a. Receives notice of any enforcement action, citation, infraction or violation of any law, regulation, permit or license requirement which may lead to the revocation of permits, licenses or other required documentation related to the contract;

b. Becomes unable, for any reason, to handle or process Medical Waste;

c. Proceedings or litigation are commenced against the Contractor;

d. Permits, licenses or other governmental authorization are revoked;

e. Becomes aware that its equipment or facilities are not in compliance with applicable laws, regulations, permits or licenses; or

f. Impending financial issues which may lead to filing for bankruptcy protection.

10. The Contractor's drivers and handlers of Medical Waste shall:

a. Ensure that the California Department of Public Health (CDPH) Medical Waste Transporter Authorization Letter and a copy of the Hazardous Waste Transporter Registration certificate are carried in each vehicle utilized in the transporting of Medical Waste under the contract. The driver, when requested by the CDCR/CCHCS personnel at the CDCR/CCHCS Institution/Facility(s), shall make the letter and certificate available for inspection.

b. Be equipped with disinfectants, which meet the requirements, as defined by and listed in HSC, MWMA, Chapter 9, Sections 118295 and 118300.

c. Be trained in and equipped for spill clean-up, decontamination and disinfection procedures.

d. Be required to wear protective gloves, coveralls, or other protective clothing or equipment while handling and transporting Medical Waste.

e. Carry extra bio-hazardous and hazardous bags, sharps containers, pharmaceutical containers, chemo waste containers/bags and other supplies and equipment (tongs, shovels, etc.) to repackage any waste which may spill during handling; and

f. Follow company Medical Waste Operations Plan, Injury and Illness Prevention Program, Transportation Security Plan and Medical Waste Contingency Plan, when required.

11. The Contractor's transporting vehicle shall be:

a. Cleaned and decontaminated after each use or as often as required, using accepted disinfecting methods;

b. Constructed as to provide damage resistant access and a driver's compartment that is sealed, separated and completely enclosed from exposure to transported materials; and

c. Labeled with company name or trademark in a color contrasting with the background so as to be legible from a distance of fifty (50) feet during daylight on each side of the vehicle or container per Title 22, CCR, Section 66263.23(d).

12. For the purpose of billing, may utilize an electronic device (that does not have a camera), such as a tablet, while on institutional grounds. The Contractor shall provide the institution the make and model of the device prior to entering the institution.

13. Maintain accurate records in connection with each service performed and all transactions related thereto and shall retain all such records in compliance with all applicable federal, state and local laws, ordinances, rules, and regulations.

14. Provide the CDCR/CCHCS Institution/Facility liaison or designee with copies of all documents relating to each service performed, Medical Waste tracking documents and record keeping, certificate(s) of destruction, and all other related licenses and permits required by the appropriate governmental authorities as per HSC, MWMA, Chapter 6, Section 118040.

15. Provide a copy of the original manifest with the disposal site information section completed to the CDCR/CCHCS Institution/Facility liaison or designee within fifteen (15) calendar days after Medical Waste pick up. This documentation is required for payment of services.

16. Provide the CDCR/CCHCS Institution/Facility liaison or designee with the certificate of disposal or destruction within thirty (30) days of each load removed from a CDCR/CCHCS Institution/Facility(s). This documentation is required for payment of services.

C. CDCR/CCHCS RESPONSIBILITIES:

1. Ensure all bio-hazardous medical waste is collected, transported, and stored in accordance with the CDCR/CCHCS Health Care Department Operations Manual, Medical Waste Management Act, and federal Drug Enforcement Agency regulations.

2. Ensure institutional staff are available to escort the contractor to the designated collection site(s) at the scheduled time of service.

D. REQUEST FOR SERVICES:

CDCR/CCHCS reserves the right to increase, decrease or change services, as needed, to accommodate any volume fluctuation in Medical Waste. The State shall compensate the Contractor for only actual expenditures incurred in accordance with the terms and conditions specified herein and at the applicable rates established in the Exhibit B-1 – Rate Sheet.

1. Scheduled Services:

• Hazardous Waste:

The Contractor shall collect every ninety (90) days on the scheduled service the following hazardous waste from Central Fill Pharmacy only as specified herein or as required on Exhibit B-1 – Rate Sheet.

• Hazardous Pharmaceutical Waste

• Hazardous Mixed Waste

• Bio-Hazardous Waste:

The Contractor shall collect every seven (7) days on the scheduled service the following bio-hazardous waste from all locations as specified herein or as required on Exhibit B-1 – Rate Sheet.

• Medical Bio-Hazardous Waste

• Sharps Waste

• Pharmaceutical Waste

• Pharmaceutical Bio-Hazardous Chemo Waste

• Sharps Bio-Hazardous Chemo Waste

• Mixed Waste

At the time of pick-up, the Contractor shall be escorted by CDCR/CCHCS personnel to and from the entrance gate to the container pick-up areas throughout the CDCR/CCJCS Institution/Facility. The Contractor shall comply with institutional/facility security and safety policies and procedures.

The Contractor shall cooperate with CDCR/CCHCS employees and other Contractors and vendors who may also require access to limited loading areas. The Contractor shall anticipate and be prepared for delays upon entering and/or exiting the Institution/Facility. In addition, the Contractor shall follow instructions of the CDCR/CCHCS Institution/Facility(s) dock masters concerning the moving and parking of the Contractor’s vehicles while on CDCR/CCHCS Institution/Facility(s) property.

The Contractor shall notify the CDCR/CCHCS Contract Manager or designee if any facility used in the service of the contract is not in compliance with applicable laws or regulations.

2. Emergency Services:

The Contractor shall provide emergency service collections as specified herein or as required on Exhibit B-1 – Rate Sheet.

CDCR/CCHCS Institution/Facility(s) shall be billed at the rate for emergency service as listed in Exhibit B-1 – Rate Sheet.

Emergency services include providing all labor, materials, supplies and equipment necessary to clean up, mitigate and/or resolve Medical Waste emergencies either on

CDCR/CCHCS Institution/Facility or other location. Medical Waste produced as a result of an emergency shall be disposed of in accordance with the terms and conditions of the Contract at the rates listed in Exhibit B-1 – Rate Sheet.

The Contractor shall respond at the site no later than four (4) hours after receiving a telephone request for an emergency service, unless the CDCR/CCHCS Institution/Facility liaison or designee approves a longer response time.

At the conclusion of each service call, the Contractor shall provide the Medical Waste tracking manifest, which contains the type of waste being picked up and the tare weight.

Pursuant to HSC,MWMA, Chapter 6, Section 118040 the tracking manifest shall be signed by the waste hauler and CDCR/CCHCS Institution/Facility liaison or designee, and dates, at the time of each pickup.

3. Waste Container and Containment Requirements (as applicable):

a. The Contractor shall furnish a sufficient number of:

• RCRA Hazardous Containers*

• Medical Waste containers (with lids/covers sufficient to secure waste)

• Transport Containers

• Bio-Hazardous Bags

• Plastic/Poly Drums

• Pharmaceutical Waste Containers

• Sharps Containers

• 1.5 Gallon Post Medical’s Sharps Waste Containers (or exact fitting equivalent) that fit the maximum-security wall mount locked metal boxes some institutions have installed.

• Upon request, large sized bio-hazard bags that fit a hospital bed mattress.

*Only for Central Fill Pharmacy.

Note: All containers shall be Environmental Protection Agency (EPA) approved and in accordance with requirements set forth in HSC, MWMA, Chapter 9, Containments and Storage.

b. The CDCR/CCHCS Institution/Facility liaison or designee shall specify placement locations of storage containers, and they shall be delivered to those locations.

c. The Contractor shall thoroughly wash, decontaminate, deodorize, and dry each reusable rigid container and each lid, inside and outside, after each use and before delivery to the CDCR/CCHCS Institution/Facility(s). Any containers and lids delivered to the CDCR/CCHCS Institution/Facility(s) having standing liquid, wet or objectionable odor shall not be accepted and shall be promptly replaced by the Contractor upon notice from the CDCR/CCHCS Institution/Facility(s).

d. The Contractor shall remove full containers and replace with empty containers on a one-for-one basis. The Contractor shall leave enough red/yellow bag supplies for each CDCR/CCHCS Institution/Facility to use between scheduled pickups.

e. The Contractor shall replace any broken containers and/or provide additional containers, as needed.

f. The Contractor shall provide the necessary Hazardous and Bio-Hazardous signage and labels needed for Medical Waste storage and/or laboratory rooms as part of the contract. The Contractor shall ensure all designated Medical Waste storage areas, bins and lockers have warning signs in place.

The warning signs shall be in English:

“CAUTION – BIO-HAZARDOUS WASTE STORAGE AREA – UNAUTHORIZED

PERSONS KEEP OUT”

The warning signs shall be in Spanish:

“CUIDADO – ZONA DE RESIDUOS – BIOLOGICOS PELIGROSOS –

PROHIBIDA LA ENTRADA A PERSONAS NO AUTORIZADAS”

CDCR/CCHCS Institution/Facility(s) may request signage in other languages, as needed. Warning signs shall be readily legible during daylight from a distance of at least 25 feet and in accordance with requirements set forth in HSC,MWMA, Section 118310.

4. Method of Treatment:

Medical waste treatment shall be by incineration, steam sterilization, microwave disinfection technology or other approved alternative treatment technology for its disposal per HSC, MWMA, Chapter 8, Treatment, Section 118215, et seq, and/or requirements of CDPH. The Contractor shall utilize Medical Waste treatment facilities on file with CDPH Medical Waste Management Program.

5. Disposal Sites and/or Transfer Stations:

The Contractor shall utilize Medical Waste disposal sites and/or transfer stations that have been issued permits by the CDPH Medical Waste Management Program.

In the case of disposal sites and/or transfer stations located out-of-state, those locations shall be approved by the appropriate regulatory agency where the disposal site and/or transfer station is located.

The Contractor shall certify that all disposal sites and/or transfer stations used for CDCR/CCHCS Institution/Facility(s) waste are within the continental United States.

6. License, Permit, and other Documentary Requirements:

a. Hazardous and Bio-Hazardous licenses:

The Contractor shall, without additional expense to the State, be responsible for obtaining any necessary licenses and permits for compliance with any applicable federal, state and local laws, codes, regulations, and ordinances in connection with the performance of the work.

1. City/County Business License.

2. Environmental Protection Agency (EPA) Identification Permit.

3. State of California, Department of Food and Agriculture (DFA), Measurement Standard, Weigh Master License (non-fixed) issued to the Hauler/Prime Contractor.

4. The Contractor’s list identifying the current transporter, transfer station and treatment facility for Medical Waste and Pharmaceutical Waste. Sufficient information must be included to allow CDCR/CCHCS to verify compliance.

5. A copy of the inspection report or a copy of the California Highway Patrol- Management Informational Systems Terminal Evaluation Record (CHP MISTER) Form are acceptable as proof.

6. State of California, Department of Motor Vehicles (DMV), Motor Carrier Permit with a Gross Vehicle Weight Rating (GVWF) of 10,001 pounds (lbs.) or more, through the term of this Contract.

7. The Contractor shall ensure that its drivers are properly licensed with DMV with the Hazardous Materials Endorsement on the DMV driver’s license.

8. The Contractor/Hauler must have the Hazardous Waste Transporter Registration issued by State of California, Department of Toxic Substances Control (DTSC). The Contractor shall carry a copy of the Hazardous Waste Transporter Registration certificate while transporting Medical Waste. The Contractor shall bear the responsibility during transportation.

b. Hazardous Training Requirement:

1. The Contractor’s personnel, including sub-contractor’s personnel, providing services under this Contract shall have a minimum of forty (40) hours training in Hazardous Waste Operations and Emergency Response (HAZWOPER) in accordance with Title 8, CCR, section 5144.

2. The Contractor and all personnel providing services under this Contract shall be trained in:

a. Hazardous Materials/Waste handling

b. Department of Transportation (DOT) Hazardous Materials/Waste packaging and transportation

c. Emergency first responder level(s) training (i.e. First Responder Operations, Hazardous Material Technician, Supervisor, etc.)

d. All other training required by laws and regulations for performance of services required by this Contract.

3. The Contractor shall provide proof of such training and compliance to the CDCR/CCHCS Contract Manager or designee upon request.

4. The Contractor shall be responsible for all work performed under this Contract.

If a sub-contractor is utilized to perform any work in connection with this Contract, the Contractor must provide the name, address, phone number, contact person, EPA Identification Number and all applicable State of California licenses and permits of the sub-contractor. All changes in sub-contractual relationship during the term of this Contract must receive prior approval from CDCR/CCHCS.

5. In the event any of the above listed or relative documents expire or change at any time during the term of this Contract, the Contractor shall provide the CDCR/CCHCS a copy of the renewed documents within thirty (30) calendar days following the expiration date. In the event the Contractor fails to keep in effect at all times all required documents, CDCR/CCHCS may terminate this Contract.

7. Warranties and Guarantees:

a. The Contractor warrants that the Medical Waste treatment, storage and disposal sites are in compliance with all applicable federal, state and local laws, rules and regulations and are suitable to receive Medical Waste.

b. The Contractor warrants that in the event of an accidental discharge of Medical Waste, the Contractor shall, with due diligence, take immediate steps to correct the conditions as required by all federal, state and local laws, ordinance, rules, and regulations, including but not limited to Part 14 of Division 104 of the HSC; U.S.

Department of Transportation hazardous materials regulation Title 49 CFR; and the CHP regulations.

c. The Contractor shall immediately notify, in writing, the CDCR/CCHCS Institution/Facility of all details regarding the accidental discharge. The Contractor shall only permit appropriate personnel within its company to make public statements or issue news releases regarding the accidental discharge. The Contractor agrees that on all such occasions, the CDCR/CCHCS shall be consulted before making any public statements or issuing any press releases which would identify the

CDCR/CCHCS.

8. Quality Control Monitoring:

The Contractor and sub-contractor(s) are subject to announced or unannounced CDCR/CCHCS inspections of their operations, records and facilities to verify compliance with contracted services and/or provisions. This does not relieve the Contractor of the responsibility to perform internal inspections to ensure compliance to contracted services and/or provisions are met.

The Contractor shall submit complete copies of any federal, state or local government inspections within two (2) weeks of receipt to the CDCR/CCHCS Contract Manager or designee.

9. Testimony:

The Contractor agrees to provide courtroom testimony as to the chain of custody and storage of any Medical Waste at no additional cost to the State. Further, in the event the Medical Waste is destroyed pursuant to HSC, Section 11479 or by court order, the Contractor agrees to provide documentation and possible courtroom testimony as to the destruction of the Medical Waste at no additional cost to the State.

10. Health and Safety:

a. The Contractor shall perform all operations in a prudent, conscientious, safe and professional manner. In the performance of services, the Contractor shall ensure that all personnel, agents, sub-contractors and equipment are in compliance with all current and future safety requirements set forth in applicable federal, state and local laws and regulations.

b. The Contractor shall ensure that all personnel involved in the handling and packaging of Medical Waste are trained in accordance with applicable laws, rules and regulations, for the level of expertise required to properly perform the tasks, and in the areas of waste spills and general first-aid procedures. Handling and personal protective equipment shall be provided by the Contractor and be appropriate to ensure safe handling of Medical Waste substances.

c. The Contractor shall provide CDCR/CCHCS Contract Manager or designee with a copy of the Contractor's Health and Safety Plan which must address internal programs, medical/training requirements, field operation procedures, personnel responsibilities, emergency procedures and hazardous recognition and control methods. This plan must be in compliance with all Federal and State hazardous material, toxic substances, Medical Wastes and OSHA requirements.

11. Operational Plan:

The Contractor shall submit an Operational Plan, within two (2) weeks of award of the Contract, for review and approval to the CDCR/CCHCS Contract Manager or designee, describing pick- up, transport, transfer, destruction and final disposal of the Medical Waste. At a minimum, this plan shall include the following:

a. Spill Prevention Control and Countermeasure (SPCC) Plan.

b. Primary and any secondary pick-up routes to and departure routes from the CDCR/CCHCS Institution/Facility locations serviced.

c. The cradle-to-grave pathway, specifically, the planned routes(s) of transport, the routes to and from any storage, transfer, incineration or other processing facilities, final disposal at approved landfill facilities, and a detailed description of the planned activities at those sites.

d. The identification of those facilities, by trade name, address, phone number, hours of operation, description of operation and ownership.

e. The time required from pick-up to final disposal, for the waste picked-up on any given day.

f. A Contingency Plan, for all conditions, including complete information on back-up facilities and procedures, loss of licenses/permits, equipment, personnel, and the conditions under which they would be implemented.

The Contractor shall inform the CDCR/CCHCS Institution/Facility in writing five (5) working days of any changes in the Operational Plan before such changes take place.

Any unforeseen occurrences which result either in implementation of the Contingency Plan OR deviation from the Operational Plan must be communicated to the CDCR/CCHCS Contract Manager or designee within twenty-four (24) hours of such an occurrence.

12. Reporting Requirements:

The Contractor shall provide the following reports to the CDCR/CCHCS Institution/Facility liaison or designee within fifteen (15) days after the close of the reporting period:

a. 30-Day Reports: Each thirty (30) calendar days after waste pick-up, the Contractor shall provide a written report to the CDCR/CCHCS Institution/Facility liaison or designee of the total pounds of each category of Medical Waste picked up as listed on Exhibit B-1 - Rate Sheet.

b. Quarterly Usage Reports: shall include total weight of waste by category (hazardous, bio-hazardous medical, pharmaceutical, and sharps) picked up, quantity autoclaved, quantity incinerated, and total cost for each pick-up location.

c. Semi-Annual Report for Incinerator: shall include analysis of the ashes waste characteristic to be provided to CDCR/CCHCS Institution/Facility(s) Senior/Associate Hazardous Material Specialist.

d. Annual Usage Report: shall include an accumulated total of costs billed under the contract per pick-up location.

e. Annual Treatment-Disposal Facility Report: shall include a list of all treatment and disposal facilities used for CDCR/CCHCS Medical Waste under the Contract.

E. MINIMUM QUALIFICATIONS:

The Contractor agrees to adhere to the Staff Minimum Qualifications as listed in the IFB which shall be included hereto upon Contract Award.

F. PRIMARY LAWS, RULES, AND REGULATIONS

For each Contractor staff who will be working in a CDCR/CCHCS institution and around incarcerated person(s), the Contractor shall complete and submit to the CDCR/CCHCS Contract Manager, or designee, Attachment 1 – Primary Laws Rules and Regulations Regarding Conduct and Association with State Prison Inmate. This document apprises Contractor staff of the laws, rules and regulations governing conduct in associating with prison inmates (Title15, Section 3285).

G. DISPUTES:

If the Contractor believes that there is a dispute between the Contractor and the CDCR/CCHCS arising out of or relating to this Contract, the Contractor shall first discuss and attempt to resolve the issue informally with the CDCR/CCHCS Contract Manager as listed in this Contract. If the issue cannot be resolved at this level, the CDCR/CCHCS Contract Manager shall follow the following procedures:

CDCR/CCHCS Contract Manager must submit a request to the Manager, Acquisitions Management Section, explaining why the CDCR/CCHCS Contract Manager’s resolution is unacceptable to the Contractor. The request must include any information provided by the Contractor and the CDCR/CCHCS Contract Manager’s response. The Manager, Acquisitions Management Section, or designee, shall review the issues raised and shall render a decision to the CDCR/CCHCS Contract Manager. The decision of the Manager, Acquisitions Management Section, or designee, shall be final.

H. AMENDMENTS:

Consistent with the terms and conditions of the original solicitation, and upon mutual consent, the State and Contractor may execute written amendments for changes to this Contract, if they were originally evaluated and considered.

No amendment shall be considered binding on either party until it is formally approved by both parties and the Department of General Services (DGS).

Institutions/Facilities by Region Exhibit A-2

INSTITUTIONS/FACILITIES BY REGION

Region I – Northern Acronym Institution/Facility Name City

CTC Richard McGee Correctional Training Center Galt HQ – EG Headquarters Elk Grove Elk Grove HQ – SAC Headquarters Sacramento Sacramento CFP Central Fill Pharmacy Sacramento FSP Folsom State Prison Folsom HDSP High Desert State Prison Susanville PBSP Pelican Bay State Prison Cresent City MCSP Mule Creek State Prison Ione SAC California State Prison Sacramento SCC Sierra Conservation Center Jamestown SOL California State Prison Solano SQ San Quentin Rehabilitation Center San Quentin

Region II – Northern Central Acronym Institution/Facility Name City

CTF Correctional Training Facility Soledad CCWF Central California Women’s Facility Chowchilla CHCF California Health Care Facility Stockton HQ - F Fresno Headquarters Fresno CMF California Medical Facility Vacaville CIW California Institution for Women Corona CTF Correctional Training Facility Soledad SVSP Salinas Valley State Prison Salinas VSP Valley State Prison Chowchilla

Region III – South Central Acronym Institution/Facility Name City

ASP Avenal State Prison Avenal HQ - B Headquarters Bakersfield Bakersfield CMC California Men’s Colony San Luis Obispo COR California State Prison Corcoran KVSP Kern Valley State Prison Delano NKSP North Kern State Prison Delano PVSP Pleasant Valley State Prison Coalinga SATF Substance Abuse Treatment Facility Corcoran WSP Wasco State Prison – Reception Ctr Wasco

Region IV – Southern Region Acronym Institution/Facility Name City

CAL Calipatria State Prison Calipatria CCI California Correctional Institution Tehachapi CEN Centinela State Prison Imperial HQ - R Rancho Cucamonga Headquarters Rancho Cucamonga CIM California Institution for Men Chino ISP Ironwood State Prison Blythe LAC California State Prison Los Angeles County RDJ Richard J Donovan Correctional Facility San Diego

Contract NumberContractor Name

California Correctional Health Care Services Map of Participating Institutions Exhibit A-3

MAP OF PARTICIPATING INSTITUTIONS

Contractor Name Contract Number

Estimated Number of Pounds Exhibit A-4

ESTIMATED NUMBER OF POUNDS PER PICK-UP FOR EACH INSTITUTION/FACILITY

BIO-HAZARDOUS WASTE Medical Bio-hazardous Sharps / Bio Waste

Pharmaceutical Chemo

Institution/Facility Region Pounds per week Pounds per week Pounds per week Central Fill Pharmacy 1 -- 36 --

CTC 1 2 -- --

FSP 1 62 5 1

HDSP 1 79 53 1

MCSP 1 179 97 3

PBSP 1 60 25 1

SAC 1 100 35 1

SCC 1 58 23 3

SOL 1 126 30 2

SQ 1 174 49 3

Elk Grove-HQ 1 9 -- -- Sacramento-HQ 1 9 -- --

CCWF 2 200 100 1

CHCF 2 151* 139 5

CIW 2 56 139 3

CMF 2 184 49 1

CTF 2 206 68 3

SVSP 2 344 174 3

VSP 2 180 94 3

Fresno-HQ 2 9 -- --

ASP 3 22 14 5

CMC 3 54 4 3

COR 3 66 34 1

KVSP 3 43 20 3

NKSP 3 25 39 2

PVSP 3 47 21 3

SATF 3 98 45 1

WSP 3 174 37 5

Bakersfield-HQ 3 9 -- --

CAL 4 50 19 3

CCI 4 36 19 5

CEN 4 59 16 1

CIM 4 91 52 10

ISP 4 44 19 5

LAC 4 69 71 1

RJD 4 106 26 5

Rancho Cucamonga-HQ 4 9 -- -- Hazardous Waste Pounds every 90 Days Central Fill Pharmacy 1 100

*CHCF does not produce Bio-hazardous unless their incinerator is not functioning. The estimated pounds above reflect if the incinerator is not functioning and will require the Contractor to collect.

Note: The number of pounds reflected above are only an estimate and do not represent guaranteed amounts. Actual usage will vary.

Budget Detail and Payment Provisions Exhibit B

BUDGET DETAIL AND PAYMENT PROVISIONS

A. Invoicing and Payment:

1. For services satisfactorily rendered, and upon receipt and approval of the invoices, the

State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates listed below or specified in Exhibit B-1 - Rate Sheet, which is attached hereto and made a part of this Contract.

2. Invoices shall include the Contract Number, Purchase Order Number, sufficient scope and detail to define the actual work performed, including a description of the activities of the Contractor and Subcontractor, the hours allocated to those activities, the locations where work was performed, the expenses claimed, any required reports, and shall be submitted not more frequently than monthly in arrears to:

California Department of Corrections and Rehabilitation Sacramento Accounting Office

Attn: MSC 15 - Accounts Payable - A P.O. Box 187021

Sacramento, CA 95818-7021 The Contractor also has the option to submit invoices electronically to the appropriate email address listed below. The Contractor must use the name of the Contract and the Contract number on the subject line of the email. The email must include an attached PDF file of the invoices, in accordance with the information above, and must reference the institution acronym and the invoice number. For electronic submission, send invoices to:

APA.Invoices@cdcr.ca.gov

B. Budget Contingency Clause:

1. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Contract does not appropriate sufficient funds for the program, this Contract shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Contract and Contractor shall not be obligated to perform any provisions of this Contract.

2. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Contract with no liability occurring to the State, or offer a Contract amendment to Contractor to reflect the reduced amount.

C. Prompt Payment Clause:

1. Payment will be made in accordance with, and within the time specified in, Government

Code Chapter 4.5, commencing with Section 927.

D. Subcontractor:

For all Agreements, with the exception of Interagency Agreements and other governmental entities/auxiliaries that are exempt from bidding, nothing contained in the Agreement, or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve Contractor of contractor’s responsibilities and obligations hereunder. Contractor agrees to be as fully responsible to the State for the acts and omissions mailto:APA.Invoices@cdcr.ca.gov of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its subcontractors is an independent obligation from the State’s obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

E. Travel Reimbursement:

[X] The following does not apply to this Contract:

Pursuant to the terms established in this Contract, travel reimbursement may not exceed the rates, terms, and conditions that apply to comparable State employees, in accordance with travel rules and regulations, as specified in California Code of Regulations, Title 2, Division 1, Chapter 3, and/or regulations of the California Department of Personnel Administration (DPA), specifically Sections 599.619 through 599.631.

F. Outreach and Marketing Contracts:

[X] The following does not apply to this Agreement Pursuant to AB 323, this contract falls into a category of contracts that must be monitored throughout the life of the contract.

Upon receipt of an itemized invoice, in arrears, stating the goods/services provided, time period covered, detailed costs and the Contract number, the Contract Manager will notify the Contractor of the required information.

The Contractor will provide the Contract Manager:

• Total amounts paid against this contract;

• Breakdown of dollars paid against this contract to target each identified community (Latino, African American, Pacific Islander, Middle Eastern, LGBTQIA, or other);

• Breakdown of subcontractor dollars paid against this contract per identified communities, if applicable;

• Selected media platforms used to target each identified community (such as newspaper, radio, internet, print etc.

• Subcontractor selected media platforms (if applicable) used to target each identified community (such as newspaper, radio, internet, print etc.)

G. CAL-Card Payments:

[X] The following does not apply to this Contract Upon receipt of an itemized invoice, in arrears, stating the goods/services provided, time period covered, detailed costs and the Contract number, the Contract Manager will notify the Contractor of payment authorization.

The Contractor will provide the Contract Manager a copy of the itemized, transaction receipt showing payment was received, the invoice, the Contract number and the CAL-Card card verification number charged.

Contractor to send invoices to:

• Name, mailing address and phone number of the Contract Manager/Cardholder.

• Name, mailing address and phone number of Contractor payment authorization contact.

H. Employee Benefits and Wage Reporting Requirements:

[X] The following does not apply to this Contract Effective July 1, 2003 Government Code Section 19134 was amended to require Contracts for janitorial, housekeeping services, custodians, food service workers, laundry workers, window cleaners, and security guards (“covered services”) to include provisions for employee wages to be no less than 85% of the value of wages and benefits provided to State employees for performing similar duties. Contractor must pay no less than the following:

• Hourly Rate:

• Blended Benefit Rate:

Also, applicable to subcontractors providing these services in state-leased facilities where the facility is at least 50,000 square feet in area and the state leases all of the occupied floor space, of the facility.

“Employee benefits” means either 1) health, dental, vision, holiday pay, vacation and retirement (either through a purchased plan or self-insurance); 2) cash-in-lieu payments; or 3) a combination of actual benefits and cash-in-lieu payments.

1. Contractors must indicate on their Exhibit B-1 – Rate Sheet, whether they will be providing the required benefits either through a purchase plan or by self-insurance or making ‘in-lieu’ payments to employees. Contractors choosing to offer employee benefits must provide coverage prior to commencement of work.

2. Contractor can meet the “employee benefits” and 85% wage requirement by:

a. Providing “employee benefits” and wages costing not less than 85% of the State cost for employees doing similar work, or

b. Cash payment in lieu of providing benefits, in an amount not less than 85% of the State cost for employees doing similar work, or

c. A combination of employee benefits and cash payments totaling not less than 85% of the State cost for employee benefits for a State of California employee performing similar work, in addition to at least 85% of State wages.

3. Qualifying Contracts and documents relating to implementing Government Code 19134 may be audited by the contracting State agency, the Department of General Services and the Bureau of State Audits.

4. Government Code 19134(e) provides that failure to provide employee benefits or cash payments to employees constitutes a ‘material breach’ for any Contract for personal services covered by that section. A breach can result in immediate Contract termination by the State.

Contractor acknowledges that failure to comply with the provisions of GC Section 19134 will be deemed a material breach of this Contract, which could subject the Contract to immediate termination at the State’s sole discretion.

Effective March 17, 2004 Government Code 19134 was amended to exclude employee wages and benefits provision for personal services Contracts performed by employees of nonprofit organizations that are employed in accordance with any of the following:

a. A special license issued pursuant to Section 1191.5 of the Labor Code.

b. A special certificate issued pursuant to Section 214 of Title 29 of the United States

Code.

c. A community rehabilitation plan described in Sections 19152 and 19404 of the Welfare and Institutions Code.

d. A rehabilitation services program as described in Sections 19352 and 19356.6 of the

Welfare and Institutions Code.

Every employee performing ‘covered services’ under this Contract shall receive the applicable rate corresponding to the total number of hours each employee works (excluding overtime).

There is no minimum number of work hours required in order to qualify for GC Section 19134 benefits. Only employees performing ‘covered services’ shall receive such benefits;

administrative, solely supervisory, or other support personnel are not covered.

Should the Department of Human Resources (CalHR) post a rate change during the term of this Contract, this Contract shall be amended to reflect the new benefit rate(s) to be paid to the Contractor’s covered employees. The amendment shall be retroactive to the date the rate change is posted by CalHR.

I. Progress Payments:

[X] The following does not apply to this Contract Progress payments are permitted for tasks completed under this Contract. Ten percent of the invoiced amount shall be withheld pending final completion of each task. Any funds withheld with regard to a particular task may be paid upon completion of that task.

J. Progress Reports:

[X] The following does not apply to this Contract

Contractor shall submit progress reports to State representative, as required, describing work performed, work status, work progress, difficulties encountered, remedial action, and statement of activity anticipated subsequent to reporting period for approval prior to payment of invoices, Contractor to be reimbursed by invoicing, in detail, all costs and charges with Contract number and sending to designated address.

Contractor Name Contract Number

Rate Sheet Exhibit B-1

RATE SHEET

Attachment 2 – Rate Sheet will be included here upon contract award.

Contractor Name Contract Number

General Terms and Conditions Exhibit C

GENERAL TERMS AND CONDITIONS

PLEASE NOTE: This page will not be included in the final Contract. The General Terms and Conditions (GTC 02/2025) will be included in the Contract by reference to internet site:

https://www.dgs.ca.gov/OLS/Resources

If Bidder does not have Internet access, a hard copy will be provided, upon request, by the Contract Analyst listed on the cover page of this IFB.

https://www.dgs.ca.gov/OLS/Resources

California Correctional Health Care Services CCHCS Special Provisions Exhibit D

Revision 12-2025

CCHCS SPECIAL PROVISIONS

A. SUBCONTRACTOR/CONSULTANT INFORMATION

1. The Contractor is required to identify all subcontractors who will perform labor or render services in the performance of the Contract. Additionally, the Contractor shall notify the CDCR/CCHCS Contract Manager, or designee, within ten (10) working days, of any changes to the subcontractor and/or consultant information.

2. Contractor understands and agrees to comply with the requirements set forth in Military and Veterans Code Section 999 et seq. that should award of this contract be based in part on their commitment to use the Disabled Veteran Business Enterprise (DVBE) subcontractor(s) identified in their bid or offer, per Military and Veterans Code section

999.5 (g), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by both the awarding department and the Department of General Services (DGS) prior to the commencement of any work by the proposed subcontractor. Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment.

Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for contract termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in MVC Section 999.9; Public Contract Code (PCC) Section 10115.10. A substitution pursuant to this subdivision shall additionally comply with regulations adopted by the Department of General Services. Information about the process can be found at:

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List- Folder/File-a-DVBE-Substitution-Report.

B. EMPLOYMENT OF EX-OFFENDERS

1. The Contractor cannot and will not either directly, or via a subcontracted consultant and/or firm, employ in connection with this Contract:

a) Ex-Offenders on active parole or probation;

b) Ex-Offenders at any time if they are required to register as a sex offender pursuant to Penal Code Section 290 or if such ex-offender has an offense history involving a “violent felony” as defined in subparagraph (c) of Penal Code Section 667.5; or

c) Any ex-felon in a position which provides direct supervision of parolees.

2. Ex-Offenders who can provide written evidence of having satisfactorily completed parole or probation may be considered for employment by the Contractor subject to the following limitations:

a) The Contractor shall obtain the prior written approval to employ any such ex-offender from the Authorized Administrator; and

b) Any ex-offender whose assigned duties are to involve administrative or policy https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/File-DVBE-Substitution-Report https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/File-DVBE-Substitution-Report

California Correctional Health Care Services CCHCS Special Provisions Exhibit D

Revision 12-2025 decision-making; accounting, procurement, cashiering, auditing, or any other business-related administrative function shall be fully bonded to cover any potential loss to the State of California or the Contractor.

C. LICENSES AND PERMITS

The Contractor shall be an individual or firm licensed to do business in California and shall obtain at Contractor’s expense all license(s) and permit(s) required by law for accomplishing any work required in connection with this Contract.

In the event any license(s) and/or permit(s) expire at any time during the term of this Contract, the Contractor agrees to provide the CDCR/CCHCS with a copy of the renewed license(s) and/or permit(s) within thirty (30) days following the expiration date. In the event the Contractor fails to keep in effect at all times all required license(s) and permit(s), the State may, in addition to any other remedies it may have, terminate this Contract upon occurrence of such event.

D. DISCLOSURE

Neither the State nor any State employee will be liable to the Contractor or its staff for injuries inflicted by incarcerated persons or parolees of the State. The State agrees to disclose to the Contractor any statement(s) known to State staff made by any incarcerated person or parolee which indicates violence may result in any specific situation, and the same responsibility will be shared by the Contractor in disclosing such statement(s) to the State.

E. SECURITY CLEARANCE/FINGERPRINTING

The State reserves the right to conduct fingerprinting and/or security clearance through the California Department of Justice, Bureau of Criminal Identification and Information (BCII), prior to award and at any time during the term of the Contract, in order to permit Contractor and/or Contractor’s employees’ access to State premises. The State further reserves the right to terminate the Contract should a threat to security be determined.

F. NOTIFICATION OF PERSONNEL CHANGES

The Contractor must notify the State, in writing, of any changes of those personnel allowed access to State premises for the purpose of providing services under this Contract. In addition, Contractor must recover and return any State-issued identification card provided to Contractor’s employee(s) upon their departure or termination.

G. FORCE MAJEURE

Neither party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or failures of performance constitute default, if such delay or failure is caused by “Force Majeure.” As used in this section, “Force Majeure” is defined as follows:

Acts of war and acts of God such as earthquakes, floods, and other natural disasters such that performance is impossible.

H. INSPECTION OF SERVICES

Services performed by Contractor under this Contract shall be subject to inspection by the CCHCS at any and all times during the performance thereof.