Sample_Contract-SD24-00008.pdf

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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

SCOPE OF WORK

A. The Contractor agrees to provide to California Department of Corrections and Rehabilitation (CDCR), California Correctional Health Care Services (CCHCS) all labor, travel and per diem, materials, non-consumable supplies, transportation, and every other item of expense necessary to provide Annual Mortality Report and Consulting 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 # SD24-00008.

C. The services shall be performed at Contractor’s place of business located at_____________.

D. The services shall be provided during normal business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be performed on State holidays. No overtime shall be authorized in conjunction with this Contract.

E. The term of this Contract shall be November 1, 2024 (or upon approval, whichever is later) through October 31, 2027. 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:

Contract Manager Contractor Representative

CDCR/CCHCS: Medical Services/ Clinical Operations and Support

Contractor:

Name: Name:

Phone: Phone:

Email: Email:

Direct all contract inquiries to:

Contract Analyst Contractor Representative

CDCR/CCHCS: Acquisitions Management Section

Contractor:

Contract Analyst Name: Nahla Marmosh Name:

Address: 8280 Longleaf Drive, Building D-2 PO Box 588500, Elk Grove, CA 95758

Address:

Phone: 916-691-4803 Phone:

Email: nahla.marmosh@cdcr.ca.gov Email:

Contractor Name: Contract Number:

California Department of Corrections and Rehabilitation California Correctional Health Care Services Detailed Scope of Work Exhibit A-1

DETAILED SCOPE OF WORK

1. PURPOSE AND DESCRIPTION OF SERVICES:

The California Department of Rehabilitation, California Correctional Health Care Services, hereinafter referred as “CDCR/CCHCS” requires The California Department of Corrections and Rehabilitation (CDCR), California Correctional Health Care Services (CCHCS) prison medical system was placed into Federal Receivership by United States District Court Judge, Thelton E. Henderson, as a result of a 2001 class action lawsuit brought against the State of California over the quality of medical care in the State's prison system. The Court found that the medical care was a violation of the Eighth Amendment of the U.S. Constitution, which forbids cruel and unusual punishment of the incarcerated. CDCR/CCHCS requires Annual Mortality Report and Consulting Services as ordered.

All activities of the Federal Receivership have one common purpose: to create a collaborative environment where custody and health care staff improve upon the quality of medical services in California prisons in order to meet constitutional standards while reducing avoidable morbidity and mortality. The Federal Receiver has adopted six goals that are necessary for the CCHCS’s health care program to rise to constitutionally acceptable and sustainable levels.

The goals are:

A. Ensure timely access to health care services;

B. Establish a prison medical program addressing the full continuum of health care services;

C. Recruit, train and retain a professional quality medical workforce;

D. Implement a quality assurance and continuous improvement program;

E. Establish medical support infrastructure; and

F. Provide for necessary clinical, administrative, and housing facilities.

2. CONTRACTOR RESPONSIBILITIES:

A. The Contractor shall comply with all federal, state, and local laws and regulations relating to regulation and licensure of physicians, as well as standards and requirements of the California Medical Board, California Medical Association, and other organizations that have established standards applicable to the Contractor’s duties and responsibilities.

Contractor shall also maintain appropriate skills and competency, and obtain continuing education commensurate with physicians providing the type of services that are being provided hereunder.

B. The Contractor agrees that if a criminal charge or civil or administrative action related to health care is brought, exclusion from a federal or state health care program is sought, or a disciplinary action or investigation is commenced by a licensing authority, the Medical Board, Medicare program, Medi-Cal program, medical staff or other professional medical organization against the Contractor (“Proceeding”), the Contractor will provide prompt notice to CCHCS of such Proceeding; provided nothing shall require disclosure by the Contractor to CCHCS of any documents, records or communications which are protected under the peer review privilege, the attorney-client privilege or the attorney work-product privilege.

C. Shall conduct all components of the tasks and deliverables associated with this contract.

D. Shall compile the data service results and provided written report(s) to the CCHCS Contract Manager or designee. Ensure all report(s) and associated documents are provided in electronic format in Microsoft Word, Excel, or PowerPoint (software version to be in alignment with CCHCS Information Technology).

Contractor Name: Contract Number:

California Department of Corrections and Rehabilitation California Correctional Health Care Services Detailed Scope of Work Exhibit A-1

E. Shall agree to meet with CCHCS, the Courts, Plaintiff’s and Stakeholders, at the request of the CCHCS Contract Manager as needed.

F. Upon termination of this Contract for any reason, or completion of the Services, the Contractor shall promptly return to CCHCS any and all documents, disks and other CCHCS property, the contractor may have in their possession or otherwise being held on his behalf, together with all copies thereof.

3. DELIVERABLES AND TASKS:

The Contractor shall author and complete the annual report within 120 days of receiving the source data from CCHCS Clinical Support and Special Projects Unit.

Deliverable 1 – Year 1 Task

Month 1: • Analyze data source of Mortality Review.

• Developing Mortality Review Spreadsheets.

• Death Record review and consultation.

• Report preparation.

Month 2: • Analyze mortality review and CCHCS data

• Death Record review and consultation.

• Report preparation.

Month 3: • Death Record review and consultation, report preparation

• Death Record review and consultation.

• Final Report preparation

Month 4: • Final Report preparation.

• Consultation with CCCHS.

• Edit final report.

Month 5: • Final Report preparation.

• Consultation with CCCHS.

• Edit final report.

• Submit final report.

Deliverable 2 – Year 2 Task

Month 1: • Analyze data source of Mortality Review.

• Developing Mortality Review Spreadsheets.

• Death Record review and consultation.

• Report preparation.

Month 2: • Analyze mortality review and CCHCS data

• Death Record review and consultation.

• Report preparation.

Month 3: • Death Record review and consultation, report preparation

• Death Record review and consultation.

• Final Report preparation

Month 4: • Final Report preparation.

• Consultation with CCCHS.

• Edit final report.

Month 5: • Final Report preparation.

• Consultation with CCCHS.

• Edit final report.

• Submit final report.

Contractor Name: Contract Number:

California Department of Corrections and Rehabilitation

Detailed Scope of Work Exhibit A-1

Deliverable 3 – Year 3 Task

Month 1: • Analyze data source of Mortality Review.

• Developing Mortality Review Spreadsheets.

• Death Record review and consultation.

• Report preparation.

Month 2: • Analyze mortality review and CCHCS data

• Death Record review and consultation.

• Report preparation.

Month 3: • Death Record review and consultation, report preparation

• Death Record review and consultation.

• Final Report preparation

Month 4: • Final Report preparation.

• Consultation with CCCHS.

• Edit final report.

Month 5: • Final Report preparation.

• Consultation with CCCHS.

• Edit final report.

• Submit final report.

The Contractor’s annual report to the stakeholders shall include at a minimum but not be limited to:

• Overview of current death review processes.

• Classifications for lapses in care.

• Review and Findings for each inmate death including:

o Causes of inmate death o Care lapses o Lapses by contracted specialists and outside facilities o Categorization of inmate deaths:

▪ Non-Preventable

▪ Likely Preventable

▪ Preventable

• Development and discussion of trends including but not limited to:

o Prison mortality rates for California and the United States o CCHCS preventable deaths from 2006 – current year.

o Causes of mortality:

▪ Suicide

▪ Homicide o Trends in care lapses o Opportunities for Improvement o Conclusions

The Contractor’s report shall include all applicable demographic information as deemed reasonable by the Contractor in conjunction and collaboration with the CCHCS Contract Manager and stakeholders.

Upon completion, the report shall be submitted to CCHCS for review and comment and approval prior to finalization. The final report shall be submitted to the CCHCS Contract Manager via a mutually agreed upon format and media.

Contractor Name: Contract Number:

California Department of Corrections and Rehabilitation

Detailed Scope of Work Exhibit A-1

4. CDCR RESPONSIBILITIES:

A. The CDCR shall 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.

B. The CDCR shall provide access to department staff and management, offices and operation areas, as required, to complete the tasks and activities defined under this Contract.

C. Shall provide mutually agreed upon source data to complete the analysis of CDCR Mortality Review reports annually.

D. Shall ensure timely delivery of source data and make available CDCR and CCHCS staff, as needed, to provide support and other assistance, as applicable.

E. Shall be responsible for reviewing the completion of tasks and deliverables provided by the Contractor in the contract.

5. ACCEPTANCE CRITERIA:

It shall be the State’s sole determination as to whether any deliverable has been successfully completed and is acceptable to the State. There must be a signed Attachment 2 – Deliverable Acceptance Document (DAD) for each deliverable and/or task before invoices will be processed for payment. Acceptance criteria shall consist of the following:

A. Deliverables and/or tasks are completed as specified and approved.

B. All deliverables and/or tasks must be in a format that can be used by the State.

C. If a deliverable is not accepted, the State shall provide the rationale in writing within five

(5) business days of receipt of the deliverable.

6. NON REDISCLOSURE:

The Contractor shall complete and submit to the Contract Manager, or designee, Attachment 1 – 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.).

7. 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:

The 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.

Contractor Name: Contract Number:

California Department of Corrections and Rehabilitation California Correctional Health Care Services Detailed Scope of Work Exhibit A-1

8. AMENDMENTS:

No amendment for time, money and/or scope shall be authorized without an approved NCB Justification by Department of General Services, Procurement Division (DGS-PD), Dispute Resolution Unit (DRU).

Contractor Name: Contract Number:

California Department of Corrections and Rehabilitation

Budget Detail and Payment Provisions Exhibit B

BUDGET DETAIL AND PAYMENT PROVISIONS

A. Invoicing and Payment:

1. Upon completion of a task within a deliverable, and upon CCHCS’ prior approval, Contractor may submit to CCHCS, invoices reflecting the cost of the task based on the following:

a) Signed acceptance of a Deliverable Acceptance Document (DAD) for task(s) performed by Contractor from CCHCS’ Project Manager, or designee that clearly identifies/quantifies the completed task. For example, if Deliverable #4 requires maintenance and operations support and has four (4) tasks to fully complete said deliverable; and Contractor offered one-thousand dollars ($1,000) per task (or $4,000.00 total for Deliverable #4) and completed tasks 4.3 and 4.4, to CCHCS satisfaction, Contractor can be paid a sum of $2,000.00 for completing tasks 4.3 and 4.4, with submittal of an invoice and supporting documentation (i.e., an approved DAD).

b) Upon completion of a deliverable in accordance with the acceptance criteria set forth in Exhibit A-1 - Detailed Scope of Work, the full charge for such deliverable, less a ten-percent (10%) withhold and amount(s) previously invoiced to CCHCS, may be submitted for payment.

c) A DAD must be approved by CCHCS’ Project Manager or designee, before approval of Contractor’s invoice for payment.

2. Contractor shall submit to CCHCS, a written invoice for all accepted Deliverables in accordance with Exhibit B-1 - Rate Sheet of this Agreement. No invoice shall be honored by CCHCS until prior acceptance is obtained for the Deliverable or Service relating to said invoice.

3. Contractor invoices shall not be submitted more frequently than monthly to the CCHCS.

4. Invoices reflecting progress payments shall not exceed ninety percent (90%) of the total amount of this Agreement with the balance to be invoiced upon successful completion of all deliverables.

a) It is CCHCS’ sole determination as to whether all deliverables have been successfully completed and are acceptable to CCHCS.

b) Upon completion of all deliverables, Contractor should invoice for 10% total withhold.

5. All invoices shall be submitted on Contractor’s letterhead and include the CCHCS Purchase Order and Agreement numbers, consultant's name, task number, task and/or deliverable title, and invoice total.

a) Any invoices submitted without the above referenced information may be returned to Contractor for revision(s).

6. Contractor shall address and submit all invoices to:

California Department of Corrections and Rehabilitation Sacramento Accounting Office Attention: Accounts Payable A

PO Box 187015 Sacramento, CA 95818-7015

Contractor Name: Contract Number:

California Department of Corrections and Rehabilitation

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:

It is mutually agreed that if the California State Budget Act for the current fiscal year and/or any subsequent fiscal years covered under this Agreement does not appropriate sufficient funds for the project, this Agreement 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 Agreement and Contractor shall not be obligated to perform any provisions of the Agreement.

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

C. Prompt Payment Clause:

Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. Payment to small/micro businesses shall be made in accordance with and within the time specified in Chapter 4.5, Government Code 927 et seq.

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 Agreement

Pursuant to the terms established in this agreement, 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 Human Resources, specifically Sections

599.619 through 599.631.

mailto:medicalcontractinvoices@cdcr.ca.gov

Contractor Name: Contract Number:

California Department of Corrections and Rehabilitation

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 Payment:

[X] The following does not apply to this Agreement

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 Benefit and Wage Reporting Requirements:

[X] The following does not apply to this Agreement

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:

Contractor Name: Contract Number:

California Department of Corrections and Rehabilitation

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 Agreement, which could subject the Agreement 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 Agreement 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.

Contractor Name: Contract Number:

California Department of Corrections and Rehabilitation

Should the Department of Human Resources (CalHR) post a rate change during the term of this Agreement, this Agreement 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 Agreement

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 Agreement

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:

California Department of Corrections and Rehabilitation California Correctional Health Care Services Rate sheet Exhibit B-1

RATE SHEET

Annual Mortality Report and Consulting Services

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

Contractor Name: Contract Number:

California Department of Corrections and Rehabilitation California Correctional Health Care Services 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 04/2017) will be included in the Contract by reference to internet site:

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

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

Contractor Name: Contract Number:

California Department of Corrections and Rehabilitation

CCHCS Special Provisions Exhibit D

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 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.

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

Contractor Name: Contract Number:

California Department of Corrections and Rehabilitation California Correctional Health Care Services CCHCS Special Provisions Exhibit D

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 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

Contractor Name: Contract Number:

California Department of Corrections and Rehabilitation

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.

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.

Contractor Name: Contract Number:

California Department of Corrections and Rehabilitation California Correctional Health Care Services CCHCS Special Provisions Exhibit D

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 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

Contractor Name: Contract Number:

California Department of Corrections and Rehabilitation 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.)

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, Contractor Name: Contract Number:

California Department of Corrections and Rehabilitation California Correctional Health Care Services CCHCS Special Provisions Exhibit D 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 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.

Contractor Name: Contract Number:

California Department of Corrections and Rehabilitation

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. GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI)

During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors. Contractor shall immediately complete the GenAI Reporting & Factsheet (STD 1000) to notify the State of any new or previously unreported GenAI technology. At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts functionality, risk or contract performance, until use of such GenAI technology has been approved by the State.

Failure to disclose GenAI use to the State and submit the GenAI Reporting and Factsheet (STD 1000) may be considered a breach of the contract by the State at its sole discretion and the State may consider such failure to disclose GenAI and/or failure to submit the GenAI Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the contract.

The State is entitled to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

The State reserves the right to amend the contract, without additional cost, to incorporate GenAI Special Provisions into the contract at its sole discretion and/or terminate any contract that presents an unacceptable level of risk to the State.

Y. 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 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 https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

Contractor Name: Contract Number:

California…