Sample_Contract.pdf

2. The term of this Agreement is:

SAMPLE

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

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, and every other item of expense necessary to provide Pharmaceutical Courier 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 # SD24-00032.

C. The Contractor’s work shall be performed at CDCR/CCHCS locations statewide (see Exhibit A-2 – List of Participating Institutions).

D. The Contractor’s work hours shall be as needed, twenty-four (24) hours a day, seven (7) days per week, to include weekends and holiday. No overtime shall be authorized in conjunction with this Contract.

E. The term of this Contract shall be May 2, 2025, or upon approval, whichever is later, through May 1, 2028. 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. The representatives during the term of this Contract will be:

CDCR/CCHCS Contract Manager Contractor Representative CDCR/CCHCS, Medical 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 California Department of Corrections and Rehabilitation, California Correctional Health Care Services, herein referred to as “CDCR/CCHCS”, has identified a need for Pharmaceutical Courier Services.

B. CONTRACTOR RESPONSIBILITIES:

The Contractor shall:

1. Designate a primary contact person to whom all communications may be addressed and who has the authority to act on all aspects of the services.

2. Provide pickup and drop-off of filled prescriptions within four (4) hours of request from designated Community Pharmacies to the requesting CDCR/CCHCS institution. (see Exhibit A-3 – Community Pharmacy Locations). If more than four (4) hours is required, the CDCR/CCHCS Contract Manager and/or their designee shall be notified.

3. Provide pickup and drop-off of securely packaged medications from a CDCR/CCHCS institution to another at a mutually agreed upon scheduled time or within four (4) hours of request. (see Exhibit A-2 – List of Participating Institutions). If more than four (4) hours is required, the CDCR/CCHCS Contract Manager and/or their designee shall be notified.

4. Maintain strict confidentiality and security protocols to protect patient information per the Health Insurance Portability and Accountability Act (HIPAA) (See Exhibit E – HIPAA Business Associate Agreement).

5. Deliver medications without damage from transportation.

6. Utilize temperature-controlled transportation and solutions, when necessary, to safeguard temperature-sensitive medications.

7. Employ trained personnel who understand the importance of handling pharmaceutical deliveries with care and professionalism.

8. Communicate via phone with Community Pharmacy staff and CDCR/CCHCS personnel, located at the requesting institution, to coordinate pickup and delivery schedules.

Communicate via phone with CDCR/CCHCS personnel at the dispensing and receiving institution to coordinate pickup and delivery schedules.

9. Maintain accurate records of all prescription pickups and deliveries, including chain of custody documentation and delivery confirmations. The Contractor shall meet with the Contract Manager, and/or their designee, to review and approve records, as needed.

10. Ensure compliance with all relevant State and Federal regulations governing the transportation and delivery of prescription medications.

11. Maintain licensure with California State Board of Pharmacy as a Third-Party Logistics Provider.

12. Stay informed of any updated or changes to regulations that may impact the transportation and delivery of prescription medications.

13. Implement quality assurance measures to monitor and evaluate the performance of the courier service, including on-time delivery rates and customer satisfaction.

14. Provide responsive and professional customer service to address inquiries, resolve disputes, and ensure a positive experience for all parties involved.

C. CDCR/CCHCS RESPONSIBILITIES:

CDCR/CCHCS shall:

1. Designate a person to whom all Contractor communication will be addressed, and who has the authority to act on all aspects of the services. This person will review the SOW and associated documents with the Contractor to ensure understanding of the responsibilities of both parties.

2. Schedule pickup and delivery of the medications via phone.

3. Ensure CDCR/CCHCS Medical Services staff will check the integrity of the medications once received by CDCR Custody staff and notify the Community Pharmacy of any discrepancies.

4. Ensure medications are securely packaged with tamper-evident locks. CDCR/CCHCS shall generate a manifest report to include the number of containers to be picked up and delivered by the Contractor which is signed by all involved parties. CDCR/CCHCS Medical Services staff shall check the integrity of the medications once received by CDCR/CCHCS staff and shall notify the dispensing institution pharmacy of any discrepancies.

5. Identify a pickup and delivery site within each CDCR/CCHCS participating Institution and inform Contractor of such location.

6. Meet with the Contractor to review records of all prescription pickups and deliveries, as needed.

D. MINIMUM QUALIFICATIONS:

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

E. 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 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).

F. NON REDISCLOSURE

The Contractor shall complete and submit to the Contract Manager, or designee, Attachment 2 – Non Redisclosure Agreement as the Contractor may be exposed to confidential information (e.g., Medical Records, Protected Health Information [PHI], Personally Identifiable Information [PII], etc.).

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 Contract Manager as listed in this Contract. If the issue cannot be resolved at this level, the Contract Manager shall follow the following procedures:

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

Contractor Name Contract Number

List of Participating Institutions Attachment A-2

LIST OF PARTICIPATING INSTITUTIONS

Institution Address

Avenal State Prison (ASP) 1 Kings Way Avenal, CA 93204

Calipatria State Prison (CAL) 7018 Blair Road Calipatria, CA 92233

California Correctional Institution (CCI) 24900 Highway 202 Tehachapi, CA 93561

California Health Care Facility (CHCF) 7707 Austin Road Stockton, CA 95215

Central California Women's Facility

(CCWF)

23370 Road 22 Chowchilla, CA 93610

California State Prison – Centinela (CEN) 2302 Brown Road Imperial, CA 92251

California Institution for Men (CIM) 14901 Central Avenue Chino, CA 91710

California Institution for Women (CIW) 16765 Chino-Corona Road Corona, CA 92878

California Men's Colony (CMC) Highway 1 San Luis Obispo, CA 93409

California Medical Facility (CMF) 1600 California Drive Vacaville, CA 95696

California State Prison – Corcoran (COR) 4001 King Avenue Corcoran, CA 93212

California Rehabilitation Center (CRC) 5th Street & Western Norco, CA 92860

Correctional Training Facility (CTF) Highway 101 North Soledad, CA 93960

Folsom State Prison (FSP) 300 Prison Road Represa, CA 95671

High Desert State Prison (HDSP) 475-750 Rice Canyon Road Susanville, CA 96127

Contractor Name Contract Number

List of Participating Institutions Attachment A-2

Ironwood State Prison (ISP) 19005 Wiley’s Well Road Blythe, CA 92225

Kern Valley State Prison (KVSP) 3000 West Cecil Avenue Delano, CA 93216

California State Prison - Los Angeles County (LAC)

44750 60th Street Lancaster, CA 93536

Mule Creek State Prison (MCSP) 4001 Highway 104 Ione, CA 95640

North Kern State Prison (NKSP) 2737 West Cecile Avenue Delano, CA 93215

Pelican Bay State Prison (PBSP) 5905 Lake Earl Drive Crescent City, CA 95531

Pleasant Valley State Prison (PVSP) 24863 West Jayne Coalinga, CA 93210

Richard J. Donovan Correctional Facility

(RJD)

480 Alta Road San Diego, CA 92179

California State Prison – Sacramento

(SAC)

Prison Road Represa, CA 95671

California Substance Abuse Treatment Facility and State Prison, Corcoran (SATF)

900 Quebec Avenue Corcoran, CA 93212

Sierra Conservation Center (SCC) 5100 O’Brynes Ferry Road Jamestown, CA 95327

California State Prison – Solano (SOL) 2100 Peabody Road Vacaville, CA 95696

San Quentin Rehabilitation Center (SQ) 1 Main Street San Quentin, CA 94964

Salinas Valley State Prison (SVSP) 31625 Highway 101 Soledad, CA 93960

Valley State Prison for Women (VSP) 21633 Avenue 24 Chowchilla, CA 93610

Wasco State Prison (WSP) 701 Scofield Avenue Wasco, CA 93280

Contractor Name Contract Number

List of Participating Institutions Attachment A-2

CCHCS Headquarters

8280 Longleaf Drive Elk Grove, CA 95758 (and other CCHCS locations in Sacramento, CA)

Telemedicine Northern CA locations Elk Grove Campus 8220 Longleaf Drive, Building B Elk Grove, CA 95758

Telemedicine Southern CA locations

RCRO – Rancho Cucamonga Regiona Office 4th St. Building 1, Suite 150 Rancho Cucamonga, CA 91730

RCSO-Rancho Cucamonga Satellite Office Commerce Center Drive, Suite 250 Rancho Cucamonga, CA 91730

SARO-Santa Ana Regional Office 2 Mac Arthur Place, Suite 900 Santa Ana, CA 92707

DBRO-Diamond Bar Regional Office Pathfinder Road, Suite 110 Diamond Bar, CA 91765

*Locations include CCHCS sites statewide.

Contractor Name Contract Number

Community Pharmacy Locations Exhibit A-3

COMMUNITY PHARMACY LOCATIONS

Community Pharmacy Name Address City/State Zip Code Phone Number CVS Pharmacy 330 Bon Air Shopping Center Greenbrae, CA 94904 415-461-9093

Rite Aid Pharmacy 431 Corte Madera Town Center Corte Madera, CA 94925 415-924-4557 CVS Pharmacy 830 3rd Street San Rafael, CA 94901 415-455-9919 CVS Pharmacy 930 3rd Street San Rafael, CA 94901 415-455-9919

Walmart Pharmacy 2900 Main Street Susanville, CA 96130 530-251-2000 Walgreen Pharmacy 2875 Main Street Susanville, CA 96130 530-257-1020

CVS Pharmacy 3301 Zinfandel Drive Ranch Cordova, CA 95670 916-852-8332 Walgreen Pharmacy 7299 Laguna Blvd. Elk Grove, CA 95758 916-691-4412 Rite Aid Pharmacy 526 East Bidwell Street Folsom, CA 95630 916-984-7749

CVS Pharmacy 430 Blue Ravine Road Folsom, CA 95630 916-850-1195 Innovative Compounding Pharmacy 820 Wales Drive, Suite 3 Folsom, CA 95630 916-984-9222

Rite Aid Pharmacy 575 M Street Crescent City, CA 95531 707-465-3981 CVS Pharmacy 657 US-100 Crescent City, CA 95531 707-464-5429 CVS Pharmacy 300 Travis Blvd. Fairfield, CA 94533 707-422-3460 CVS Pharmacy 625 Elmira Road Vacaville, CA 95687 707-451-0285

Walgreen Pharmacy 2010 Alamo Drive Vacaville, CA 95687 707-451-8304 Walgreen Pharmacy 1528 E Fremont Street Stockton, CA 95205 209-467-7861 Walgreen Pharmacy 15 W Harding Way Stockton, CA 95204 209-941-9632 Walgreen Pharmacy 660 W March Lane Stockton, CA 95207 209-478-0891 Safeway Pharmacy 6445 N Pacific Ave. Stockton, CA 95207 209-472-8605

CVS Pharmacy Y Mas 2293 H D Dela Rosa Sr Street Soledad, CA 93960 831-678-5110 Soledad Pharmacy and Wellness Center 537 Front Street Soledad, CA 93960 831-677-6100

Gonzales Rx Pharmacy 18 4th Street Gonzales, CA 93926 831-675-3643 CVS Pharmacy 1140 S Main Street Salinas, CA 93901 831-422-8511

Rite Aid Pharmacy 956 Foothill Blvd. San Luis Obispo, CA 93405 805-543-5697 Walgreen Pharmacy 8005 El Camino Real Atascadero, CA 93422 805-462-9272

CVS Pharmacy 4987 N Fresno Street Fresno, CA 93726 559-227-7137 Rite Aid Pharmacy 48 Robertson Blvd Chowchilla, CA 93610 559-665-1096

Walgreen Pharmacy 265 W. Forest Avenue Coalinga, CA 93210 559-934-0461 Rite Aid Pharmacy 159 W. Polk Street Coalinga, CA 93210 559-935-3597 Rite Aid Pharmacy 855 Mono Way Sonora, CA 95370 209-588-0561

CVS Pharmacy 13763 Mono Way Sonora, CA 95370 209-532-6973 Walgreen Pharmacy 3500 Coffee Road Modesto, CA 95355 209-341-0814 Walgreen Pharmacy 1101 W. Tehachapi Blvd. Tehachapi, CA 93561 661-832-0163

Contractor Name Contract Number

Community Pharmacy Locations Exhibit A-3

Walmart Pharmacy 400 Tucker Road Tehachapi, CA 93561 661-825-2258 Rite Aid Pharmacy 811 Tucker Road Tehachapi, CA 93561 661-522-9232

CVS Pharmacy 2006 West Avenue J. Lancaster, CA 93536 661-945-2729 Walgreen Pharmacy 2840 West Avenue L. Lancaster, CA 93536 661-943-8683 Rite Aid Pharmacy 1356 West Avenue J. Lancaster, CA 93534 661-948-3343

Walgreen Pharmacy 1435 High Street Delano, CA 93215 661-721-2294 Walmart Pharmacy 530 Woollomes Avenue Delano, CA 93215 661-370-4078 Rite Aid Pharmacy 1809 Cecil Avenue Delano, CA 93215 661-725-1312

CVS Pharmacy 109 S. West Street Tulare, CA 93274 559-687-1953 Walgreen Pharmacy 49 W. Tulare Avenue Tulare, CA 93274 559-685-9704 Walmart Pharmacy 1110 E. Prosperity Avenue Tulare, CA 93274 559-684-1300 Walgreen Pharmacy 1418 E. Prosperity Avenue Tulare, CA 93274 559-684-7963

Costco Pharmacy 2395 E. Lacy Blvd. Hanford, CA 93230 559-970-6008 Rite Aid Pharmacy 1500 Whitley Avenue Corcoran, CA 93212 559-992-8020

R&M Drug Corcoran 1115 Whitley Avenue Corcoran, CA 93212 559-992-2138 Walmart Pharmacy 401 N Central Avenue Wasco, CA 93280 661-772-8059 Rite Aid Pharmacy 2501 CA-46 Wasco, CA 93280 661-758-0133 Express Pharmacy 225 E Kings St. Avenal, CA 93204 559-345-6737

Walgreen Pharmacy 100 N. Imperial Avenue El Centro, CA 92243 707-335-4904 Vons Pharmacy 475 W. Main Street Brawley, CA 92227 760-344-6303

Walmart Supercenter 2150 N. Waterman Avenue El Centro, CA 92240 760-337-1603 CVS Pharmacy 1745 S. Imperial Avenue El Centro, CA 92243 760-353-5130 CVS Pharmacy 12101 Central Ave. Chino, CA 91710 909-573-0123 CVS Pharmacy 5555 Philadelphia St. Chino, CA 91710 909-927-8323 CVS Pharmacy 1322 W 6th St Corona, CA 902882 851-817-8636

Walmart Pharmacy 1560 W 6th St Corona, CA 92882 951-393-6406 Rite Aid Pharmacy 1325 Sixth St, Norco, CA 92860 591-549-8586

CVS Pharmacy 1290 Hamner Ave. Norco, CA 92860 951-734-1668 Rite Aid Pharmacy 616 E. Hobsonway Blythe, CA 92225 760-922-3511

Vons Pharmacy 620 Dennery Road San Diego, CA 92154 760-921-2017 Albertsons Pharmacy 720 Third Ave Chula Vista 92179 619-587-1730

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 Attention: Accounts Payable A

PO Box 187015 Sacramento, CA 95818-7015

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:

medicalcontractinvoices@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 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.

Rate Sheet Exhibit B-1

RATE SHEET

Medical Courier Services

Rate Sheet from IFB will be included here upon Contract Award.

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:

General Terms and Conditions 02/2025

If Contractor/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/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=Contractor%20certification%20clauses

California Correctional Health Care Services CCHCS Special Provisions Exhibit D

Revision 2-2025

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?search=substitution.

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

SAMPLE

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

California Correctional Health Care Services CCHCS Special Provisions Exhibit D

Revision 2-2025 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. If the CCHCS official conducting

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Revision 2-2025 the inspection determines that the services performed are not in accordance with the specification, CCHCS may, at its option, have the work performed by an alternate provider, charging the Contractor with any excess cost occasioned thereof.

I. LIABILITY FOR LOSS/DAMAGES

Any damages by the Contractor to State’s facility including equipment, furniture, materials or other State property will be repaired or replaced by the Contractor to the satisfaction of the State at no cost to the State. The State may, at its option, repair any such damage and deduct the cost thereof from any sum due Contractor under this Contract.

J. TEMPORARY NONPERFORMANCE

If, because of mechanical failure or for any other reason, the Contractor shall be temporarily unable to perform the work as required, the State, during the period of Contractor’s inability to perform, reserves the right to accomplish the work by other means and shall be reimbursed by the Contractor for any additional costs above the Contract price.

K. LIABILITY FOR NONCOMFORMING WORK

The Contractor will be fully responsible for ensuring that the completed work conforms to the agreed upon terms. If nonconformity is discovered prior to the Contractor’s deadline, the Contractor will be given a reasonable opportunity to cure the nonconformity. If the nonconformity is discovered after the deadline for the completion of the project, the CDCR, in its sole discretion, may use any reasonable means to cure the nonconformity. The Contractor shall be responsible for reimbursing CDCR for any additional expenses incurred to cure such defects.

L. RIGHT TO TERMINATE

The State reserves the right to terminate this Contract subject to thirty (30) days written notice to the Contractor. Contractor may submit a written request to terminate this Contract only if the State should substantially fail to perform its responsibilities as provided herein.

However, the Contract can be immediately terminated for cause (Refer to the General Terms and Conditions (Termination for Cause).

This Contract may be suspended or cancelled without notice, at the option of the Contractor, if the Contractor or State’s premises or equipment are destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue service, or in the event that the Contractor is unable to render service as a result of any action by any governmental authority.

M. SETTLEMENT OF DISPUTES

In the event of a dispute, Contractor shall file a “Notice of Dispute with the CCHCS representative within ten (10) days of discovery of the problem. Within ten (10) days, CCHCS representative shall meet with the Contractor representative for purposes of resolving the dispute. The decision of CCHCS shall be final.

In the event of a dispute, the language contained within this Contract shall prevail over any other language including that of the bid proposal.

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N. NON ELIGIBLE ALIEN CERTIFICATION

By signing this Contract, Contractor certifies, under penalty of perjury, that Contractor, if a sole proprietor, is not a nonqualified alien as that term is defined by the United States Code (U.S.C.) Title 8, Chapter 14, Section 1621 et seq.

O. BUSINESS ASSOCIATE AGREEMENT (HIPAA)

The awarded Contractor will be required to meet provisions of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191 (HIPAA) and the regulations promulgated thereunder.

P. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REQUIREMENTS

1. The awarded Contractor agrees to comply with the requirements set forth in the Military and Veterans Codes (MVC) 999.7 and 999.9.

2. Small Business Participation Requirements

If for this Contract the Contractor made a commitment to achieve small business participation, then the Department requires the Contractor upon completion of this Contract (or within such other time period as may be specified elsewhere in this Contract) report the actual percentage of small business participation that was achieved. (Govt.

Code § 14841.)

3. DVBE Participation Requirements

a) If for this Contract the Contractor made a commitment to achieve the disabled veteran business enterprise (DVBE) participation goal, then, pursuant to Mil. & Vets. Code §999.5(d), the Contractor agrees to, upon completion of this Contract, certify that the DVBE subcontractor participation under this agreement is in compliance with the goals specified at the time of award of the contract or with any subsequent amendment using the Prime Contractor’s Certification – DVBE Subcontracting Report (STD 817). The certification must include all of the following:

i. the total amount the prime Contractor received under the Contract;

ii. the name, address, Contract number, and certification ID number of the

DVBE(s) that participated in the performance of this Contract;

iii. the amount and percentage of work the prime Contractor committed to provide to one or more DVBE(s) under the requirement of the Contract and the total payment each DVBE received from the prime Contractor;

iv. that all payments under the Contract have been made to the DVBE(s); and

v. the actual percentage of DVBE participation that was achieved. Upon request, the prime Contractor shall provide proof of payment for the work.

b) If for this Contract the Contractor made a commitment to achieve the DVBE participation goal, the Department will withhold $10,000 from the final payment, or the full final payment if less than $10,000, until the Contractor complies with the

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Revision 2-2025 certification requirements above. A Contractor that fails to comply with the certification requirement shall, after written notice, be allowed to cure the defect.

c) Notwithstanding any other law, if, after at least 15 calendar days but not more than

30 calendar days from the date of written notice, the prime contractor refuses to comply with the certification requirements, the Department shall permanently deduct $10,000 from the final payment, or the full payment if less than $10,000. (Mil. & Vets.

Code § 999.7)

d) The Contractor shall provide proof of payment for the work performed by the DVBE subcontractor(s) upon CDCR/CCHCS’ request.

e) A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

f) The awarding department shall keep the certification on file. (Mil. & Vets § 999.5(e).)

The awarding department shall maintain all records of information provided by the prime contractor pursuant to Section 999.5 and shall establish appropriate review procedures for those records to ensure the accuracy and completeness of the award amounts and paid amounts reported. The records shall be maintained in a manner that facilitates access and review by external auditors. Records collected shall be retained for a minimum of six years after collection.

g) Contractor agrees to comply with the rules, regulations, ordinances, and statutes that apply to the DVBE program as defined in Section 999 of the Mil. & Vets. Code, including, but not limited to, the requirements of Section 999.5(d). (PCC Code § 10230)

Q. ELECTRONIC WASTE RECYCLING

The Provider certifies that it complies with the requirements of the Electronic Waste Recycling Act of 2003, Chapter 8.5, Part 3 of division 30, commencing with Section 42460 of the Public Resources Code, relating to hazardous and solid waste.

Provider shall maintain documentation and provide reasonable access to its records and documents that evidence compliance. CDCR/CCHCS electronic data stored upon any Provider device must be returned to the CDCR/CCHCS immediately and the Contractor must certify that CDCR/CCHCS data is either removed from the Providers devices by degaussing or shredding per National Institute of Standards and Technology (NIST) Special Publication Series 800-88 and National Industrial Security Program (NISP) Operating Manual (DOD 5220.22-M) and Clearing and Sanitization Matrix (C&SM) based on NSA/CSS Policy Manual 9-12, “Storage Device Declassification Manual”.

R. AUDIT

Contractor shall be aware of the penalties for violations of fraud and for obstruction of investigations as set forth in PCC § 10115.10. (See the State of California’s General Terms and Conditions (GTC 04/2017), Section 4 – Audit for more information.)

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S. EVALUATION OF CONTRACTOR FOR CONSULTING CONTRACTS $5,000.00 OR MORE

If this is a consulting service contract that is for $5,000.00 or more, the Contractor is hereby noticed that the CDCR/CCHCS Contract Manager will complete a written evaluation of the Contractor’s performance under this Agreement within sixty (60) business days following the term end date. The evaluation will be prepared on the Contractor Evaluation Form (STD 4) and maintained in the CDCR/CCHCS Contract Manager's file for 36 months. If the Contractor’s performance was unsatisfactory, a copy of the evaluation shall be sent to the Department of General Services (DGS), Office of Legal Services (OLS), within five (5) business days, and to the Contractor within fifteen (15) business days, following the completion of the evaluation.

The Contractor shall have 30 days to submit a written response to the evaluation to the Contract Manager. Such written response will be retained in the CDCR/CCHCS' Contract Manager file and a copy forwarded to DGS OLS.

T. EXECUTIVE ORDER N-6-22 – RUSSIAN 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. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, 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 termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response.

Termination shall be at the sole discretion of the State.

U. CORONAVIRUS (COVID-19) REQUIREMENTS

The Contractor and its subcontractors are required to, at their own expense, comply with all applicable health and safety laws and regulations, including such laws and regulations pertaining to COVID-19. Additionally, the Contractor and its subcontractors are required to comply with CDCR/CCHCS’ specific health and safety requirements and policies, including such health and safety requirements and policies pertaining to COVID-19.

The Contractor agrees to comply, and to ensure their subcontractors comply, with the following:

1. Screening: The Contractor shall not dispatch any employees who are exhibiting COVID- 19 symptoms to CDCR/CCHCS worksites/locations. Each Contractor employee who visits institutional grounds may be required to undergo a health questionnaire to screen for COVID-19 before being granted access into the institution.

2. Testing: In addition to the screening, Contractor employees working full time at any institution or facility grounds may be subject to COVID-19 testing in the same manner as institution staff.

3. Facial Coverings: All Contractor employees working on institution grounds may be required to wear an approved facial covering at all times. Contractors are advised that

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Revision 2-2025 mask requirements at each institution or facility may vary (such as N95 masks being required and provided at certain locations) and as such, the requirements for that institution must be followed. Additionally, institutions or facilities may update their requirements in which case the Contractor’s employees must adhere to such updated requirements.

4. Vaccinations: The Contractor agrees to comply with current health and safety laws and regulations, as well as CDCR/CCHCS’ health and safety requirements and policies, as it pertains to vaccination requirements for contractor staff in certain locations/settings. Such laws, regulations, requirements, and policies will be enforced by the Contract Manager.

The Contractor agrees that if a Contractor employee is turned away from the institution gate due to displaying symptoms of COVID-19, or for not complying with the above requirements, the Contractor will not be compensated for the visit and another Contractor employee must be dispatched immediately to ensure Contractor’s adherence to the contract requirements.

V. LIMITATIONS

Senate Bill (SB) 34 declares that a contract that was entered into because of an act that would constitute a violation of a state or federal crime relating to bribery of a public official, including, but not limited to, a violation of Section 68 or 86 of the Penal Code, is voidable. The provisions of SB 34 apply to contracts executed on or after January 1, 2023, including contracts negotiated prior to January 1, 2023.

W. PUBLIC CONTRACTS: CONFLICTS OF INTEREST

The Contractor’s duties and services under this agreement shall not include preparing or assisting CDCR/CCHCS with any portion of CDCR/CCHCS’ preparation of a request for proposal, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CDCR/CCHCS. CDCR/CCHCS shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. The Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. The Contractor shall cooperate with CDCR/CCHCS to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by the Contractor pursuant to this agreement.

X. MINIMUM WAGE REQUIREMENTS FOR HEALTHCARE WORKERS

In all matters related to performance of this contract, the Contractor is responsible for and shall adhere to all minimum wage law requirements for its covered health care employees as defined by and in accordance with sections 1182.14 and 1182.15 of the California Labor Code including any other related provision of law. All financial obligations Contractor has to its covered health care employees have either been incorporated into the rates for compensation listed in Exhibit B-1 – Rate Sheet or are considered outside the scope of this agreement.

Further, CDCR/CCHCS may not be held responsible or financially liable for any alleged or actual violation of the minimum wage laws by the Contractor against any of its covered health care employees including for any related actions or claims initiated or filed by, or on behalf of, the Contractor, or its current, former, or would-be covered health care employees, including providers, subcontractors, or any person or entity associated with the Contractor's

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Revision 2-2025 performance of services under this agreement, such as but not limited to any action or claim for or related to lost wages or revenues, or other employment benefits including unemployment, tax withholdings, workers’ compensation, injuries, or illness, as these are the sole responsibility of the Contractor. To any extent that such an action or claim, by or on behalf of, or otherwise associated with respect to any Contractor responsibility under the minimum wage laws that results in any monetary assessment, either as awarded or per agreement, and however characterized, including but not limited to wages, compensation, or financial damages of any type; any withholding amount, or fine or other administrative assessment, settlement of any type, or attorney’s fees; whether or not involving any local, state, or federal law or local, state, or federal…