Sample_Contract_SD24-00013.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 Mental Health Recruitment and Retention Root Cause Analysis 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 # SD24-00013.

C. The Contractor’s work location will be at the Contractor’s place of business. However, travel may be required to CDCR/CCHCS Headquarters located in Elk Grove, CA.

D. The Contractor’s work hours shall be between 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 agreement.

E. The term of this Contract shall be November 27, 2024, or upon approval, whichever is later, through November 26, 2025. The Contractor is not authorized to commence work, as described in this Contract, until the Contract has been fully executed and approved by the Court. Any services provided prior to execution of the Contract shall be considered voluntary and non-compensable.

F. CDCR/CCHCS shall have the option to extend this Contract, for continued services, for two

(2) additional one (1) year term(s), at the rates listed in Exhibit B-1 - Rate Sheet.

G. 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.

H. Licenses/Certifications:

SB or DVBE certification(s) must be in effect for the duration of the Contract.

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

CDCR/CCHCS Contract Manager Contractor Representative CDCR/CCHCS, Human Resources (HR) Contractor: TBD

Name: TBD Name: TBD

Phone: TBD Phone: TBD

Email: TBD Email: TBD

California Correctional Health Care Services Scope of Work Exhibit A

Direct all contract inquiries to:

CDCR/CCHCS Contract Analyst Contractor Representative Acquisitions Management Section Contractor: TBD Contract Analyst Name: Heather Lohmiller Name: TBD Address:

Physical:

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

PO Box 588500 Elk Grove, CA 95758

Address: TBD

Phone: (916) 691-0262 Phone: TBD Email: Heather.Lohmiller@cdcr.ca.gov Email: TBD

The remainder of this page has been intentionally left blank.

mailto:Heather.Lohmiller@cdcr.ca.gov

Detailed Scope of Work Exhibit A-1

DETAILED SCOPE OF WORK

A. PURPOSE AND DESCRIPTION OF SERVICES:

The California Department of Corrections and Rehabilitation (CDCR)/California Correctional Health Care Services (CCHCS) requires Mental Health Recruitment and Retention Root Cause Analysis Consulting Services. The Contractor shall furnish all labor, including travel and per diem, materials, non-consumable supplies, transportation, equipment, and every other item of expense necessary to provide Recruitment and Retention Root Cause Analysis Consulting Services.

CDCR/CCHCS requires Mental Health Recruitment and Retention Root Cause Analysis Consulting Services as outlined in Coleman v. Newsom Case No.

2:90−CV−00520−KJM−SCR Joint Submission of Plan for Expenditure of Staffing Contempt Fines and Order and Section E – Deliverables and Tasks of this contract. The Contractor will conduct a root cause analysis of CDCR/CCHCS’ recruitment and retention issues and make recommendations regarding short- and long-term strategies to address those issues.

This would include the development of a compensation strategy, identification of weaknesses in CDCR/CCHCS’ recruitment and Human Resources (HR) process, determination of ways to improve CDCR/CCHCS’ culture and morale, and creation of mechanisms for the creation and tracking of data to ensure that strategies are adjusted when necessary.

B. CONTRACTOR RESPONSIBILITIES:

The Contractor must complete all deliverables and tasks as detailed in Section E – Deliverables and Tasks.

The Contractor shall:

1. Work at the direction of CDCR/CCHCS' assigned designee(s). All work of Contractor's staff shall be at the day-to-day direction of the Contractor’s Project Manager or designee.

2. Work cooperatively with designed CDCR/CCHCS staff for approval of all research and interviews.

3. Submit a comprehensive work plan that outlines the services to be provided, the methodology for each task, and a detailed timeline for performance, ensuring alignment with the scope of work.

4. Conduct an on-site consultation and evaluation to perform a full assessment of CDCR/CCHCS’ recruitment and hiring functions, including reviewing current processes, tools, and organizational structure, to identify gaps or inefficiencies and provide a basis for developing improvement strategies.

5. Create a recruitment and retention strategy that includes short and long-term solutions to address identified issues covering compensation, HR processes, organizational culture, and other factors impacting recruitment and retention. Present the strategy to CDCR/CCHCS for review and refinement.

SAMPLE

https://cases.justia.com/federal/district-courts/california/caedce/2:1990cv00520/83056/8381/0.pdf?ts=1725002428 https://cases.justia.com/federal/district-courts/california/caedce/2:1990cv00520/83056/8381/0.pdf?ts=1725002428 https://cases.justia.com/federal/district-courts/california/caedce/2:1990cv00520/83056/8381/0.pdf?ts=1725002428

6. Engage with CDCR/CCHCS stakeholders, including HR staff, hiring managers, and leadership through interviews, focus groups, or surveys to gather insights on current challenges and potential solutions to enhance recruitment and retention efforts.

7. Assess the current workplace culture and employee morale through surveys, focus groups, and interviews.

8. Perform a comparative analysis of CDCR/CCHCS’ compensation and benefits packages against industry standards and provide recommendations to make them more competitive including strategies for implementing these recommendations.

9. Support CDCR/CCHCS in the initial implementation of approved strategies, providing guidance on the best practices, training staff where necessary, and adjusting based on real-time data and feedback.

10. Based on the findings from the root cause analysis, the Contractor shall develop actionable recommendations to address the identified issues

11. Meet bi-weekly with designated CDCR/CCHCS representatives to discuss the progress of the root cause analysis, share preliminary findings, and address any challenges encountered.

12. Hold bi-monthly meetings with the designated CDCR/CCHCS representatives to discuss the progress of the recruitment and retention initiatives, review data on key performance indicators, and identify any new challenges or adjustments needed to optimize outcomes.

13. Assess potential risks associated with the proposed recruitment and retention strategies, along with developing a mitigation plant to address these risks proactively.

C. CDCR/CCHCS RESPONSIBILITIES:

CDCR/CCHCS shall:

1. Supervise the Contractor’s performance throughout the project to ensure successful completion of contract deliverables.

2. Monitor the Contractor's assessment of recruitment and hiring functions including the review of current processes, tools, and organization structure. Evaluate the Contractor's findings and improvement strategies to ensure alignment with CDCR/CCHCS’ objectives.

3. Collaborate with the Contractor to assess the recruitment and retention strategies ensuring it includes both short and long-term solutions addressing compensation, HR processes, organizational culture, and other relevant factors.

4. Assist the Contractor in coordinating access to HR staff, hiring managers, and leadership for interviews, focus groups, and surveys.

5. Attend bi-monthly meetings with the Contractor to discuss progress on recruitment and retention initiatives, analyze key performance indicators, and address new challenges or required adjustments.

6. Assess the Contractor’s proposed mitigation plans for potential risks associated with recruitment and retention strategies, providing input to ensure they are comprehensive and proactive.

D. CONSULTANT MINIMUM QUALIFICATIONS:

The Contractor agrees to adhere to the Consultant/Staff Minimum Qualifications as listed in the Request for Proposal (RFP) which shall be included hereto upon Contract Award.

E. DELIVERABLES AND TASKS:

The Contract shall be deliverable based. The Contractor shall complete all the following deliverables/tasks in the Contractor’s Proposal and as defined in the RFP document.

Deliverable # Task # Deliverable Description

Deliverable Deadline* (Calendar

Days) PHASE 1 – Organization Assessment and Strategic Planning

1 – Work Plan 1.0

Submit a detailed work plan within 30 days of the contract start date, outlining the services to be provided, methodologies for each task, and a timeline for performance. The plan should emphasize approaches for identifying and addressing the root causes of CDCR/CCHCS’ internal challenges.

Within 30 days of Contract

Execution and Approval

2 – Evaluation and Consultation 2.0

Conduct an initial in-person needs assessment with the CCHCS hiring and recruitment teams.

a. Interview CCHCS management to further define specific needs and clarify details on the company and roles.

b. Identify specific criteria for the Contract to research

Report on the current culture and processes of

CCHCS

Within 30 days of Contract

Execution and Approval

2.1

Evaluate current CDCR/CCHCS’ tools and technologies related to recruitment and hiring, current practices, policies, organizational processes, recruitment and hiring functions to uncover systematic issues and areas requiring improvement.

Within 30 days of Contract

Execution and Approval

PHASE 2 – In-Depth organizational Analysis

3 – CCHCS

Assessment 3.0

Perform a quantitative assessment of CDCR/CCHCS’ current recruitment and hiring processes and policies including time-to-hire, offer acceptance rates, turnover rates, and vacancy durations. Identify inefficiencies, outdated practices, or other issues that may be contributing to organizational challenges and benchmark these metrics against industry standards.

Within 90 days of Contract

Execution and Approval

4 – Compensation and Benefits Assessment

4.0

Conduct an evaluation of CDCR/CCHCS’ compensation and benefits packages to determine their competitiveness and alignment with industry standards. Highlight any disparities or areas needing adjustments to better support staff retention and satisfaction.

Within 90 days of Contract

Execution and Approval

PHASE 3 - Culture

5 – Culture Assessment 5.0

Evaluate the current workplace culture and employee morale by conducting surveys, focus groups, and interviews with staff at different levels. Implement the strategy outlined in the initial work plan for engaging key stakeholders, including staff, management, and potential recruits, to gather feedback and ensure buy-in for proposed changes.

Within 6 months of Contract

Execution and Approval

PHASE 4 - Recommendations

6 - Recommendations 6.0

Develop a set of actionable recommendations to address the identified issues with a focus on both immediate improvements and sustainable long-term changes. Recommendations should cover policies, practices, compensation, culture, and organization structure.

11/26/2025

6.1

Submit a final report that details the root cause analysis findings and outlines the recommended short and long-term strategies for addressing the issues to make CDCR/CCHCS more competitive in attracting and retaining talent.

a. Suggest technology enhancements or new tools to improve process efficiency and data management.

b. Propose marketing and outreach strategies to improve CCHCS’ employer brand and attract top talent.

c. Identify potential risks that could impede the implementation of recommendations and propose strategies for mitigating those risks.

11/26/2025

PHASE 5 - Meetings

7 - Meetings 7.0

Meet bi-weekly with designated CDCR/CCHCS representatives to discuss the progress of the root cause analysis, share preliminary findings, and adjust the approach as necessary. Provide regular updates on any challenges encountered and potential solutions.

Ongoing throughout the contract term

*Deadlines are estimates. Actual initiation of services, as well as completion dates, are proportionate with the executed Contract date and supporting documentation.

F. 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 1 – Deliverable Acceptance Document (DAD) for each deliverable and/or task before invoices will be processed for payment. Acceptance criteria shall consist of the following:

1. Any training and/or coaching deliverables/tasks have been completed as specified and approved.

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

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

(5) business days of receipt of the deliverable.

G. UNANTICIPATED TASKS:

1. In the event that additional work must be performed which was wholly unanticipated and is not specified in this Exhibit A1 - Detailed Scope of Work, but which in the opinion of both parties is necessary to the successful accomplishment of the general scope of work outlined, the procedures outlined in this Section shall be employed.

2. For each item of unanticipated work not specified in the Exhibit A1 - Detailed Scope of Work, an Attachment 2 - Work Authorization must be prepared and approved by CDCR/CCHCS and the Contractor.

3. It is understood and agreed by both parties to this Contract that all terms and conditions of this Contract shall remain in force with the inclusion of any such Work Authorization.

Such Work Authorization shall in no way constitute a Contract other than as provided pursuant to this Contract nor in any way amend or supersede any of the other provisions of this Contract.

4. Each Work Authorization shall consist of a detailed statement of the purpose, objective, or goals to be undertaken by the Contractor, the job classification or approximate skill level of the personnel to be made available by the Contractor, an identification of all significant material to be developed by the Contractor and delivered to the State, an identification of all significant materials to be delivered by the State to the Contractor, an estimated time schedule for the provisions of these services by the Contractor, completion criteria for the work to be performed, the name or identification of the Contractor personnel to be assigned, the Contractor's estimated work hours required to accomplish the purpose, objective or goals, the Contractor's billing rates per work hour, and the Contractor's estimated total cost of the Work Authorization.

5. All Work Authorizations must be in writing prior to beginning work and signed by the Contractor and the State.

6. The State has the right to require the Contractor to stop or suspend work on any Work Authorization.

7. Personnel resources shall not be expended (at a cost to the State) on task accomplishment in excess of estimated work hours required unless the procedure below is followed:

a) If, in the performance of the work, the Contractor determines that a Work Authorization to be performed under this Contract cannot be accomplished within the estimated work hours, the Contractor shall immediately notify the State in writing of the Contractor's estimate of the work hours which will be required to complete the Work Authorization in full. Upon receipt of such notification, the State may:

i. Authorize the Contractor to expend the estimated additional work hours or service in excess of the original estimate necessary to accomplish the Work Authorization (such an authorization not unreasonably to be withheld), or

ii. Terminate the Work Authorization, or

iii. Alter the scope of the Work Authorization in order to define tasks that can be accomplished within the remaining estimated work hours.

b) The State shall notify the Contractor in writing of its decision within seven (7) calendar days after receipt of the Contractor's notification. If notice is given to proceed, the Contractor may expend the estimated additional work hours or services. The State agrees to reimburse the Contractor for such additional work hours.

H. KNOWLEDGE TRANSFER:

The Contractor’s obligations under the terms of this Contract include a “knowledge transfer” to CDCR/CCHCS. “Knowledge transfer” is defined as personal and/or technical knowledge or information which will enable, or enhance the ability of, CDCR/CCHCS staff to maintain and operate contracted-for projects.

“Knowledge transfer” shall also include “on the job” training and education to CDCR/CCHCS staff, including all relevant documentation, to enable CDCR/CCHCS to adequately maintain and operate contracted-for projects. The Contractor shall also provide a written manual/guide of all materials associated with this project, and agrees that CDCR/CCHCS may reproduce such documentation for its own use to sustain project continuity. Any additional training or instruction necessary to realize the “knowledge transfer” shall be provided at no additional cost to CDCR/CCHCS.

I. PROBLEM ESCALATION/DISPUTES:

The parties acknowledge and agree that certain technical and project related problems or issues may arise, and that such matters shall be brought to CDCR/CCHCS’ attention. There may be instances where the severity of the problem(s) justifies escalated reporting. To this extent, the Contractor will determine the level of severity and notify the appropriate CDCR/CCHCS personnel. The CDCR/CCHCS personnel notified and the time period taken to report the problem or issue shall be at a level commensurate with the severity of the problem or issue. The relevant CDCR/CCHCS personnel include, but are not limited to, the following:

First Level: Contract Manager Name, Title Phone Number Email Address

Second Level: First Level’s Direct Supervisor’s Name, Title Phone Number Email Address

Third Level: Manager, Acquisition Management Section Phone Number Email Address

If the Contractor believes that there is a dispute or grievance 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 agency Contract Manager. If the issue cannot be resolved at this level, the Contractor shall follow the following procedures:

If the issue cannot be resolved informally with the Contract Manager, the Contractor shall submit, in writing, a grievance report together with any evidence to the Contract Manager’s Supervisor. The grievance report must state the issues in the dispute, the legal authority, or other basis for the Contractor’s position and the remedy sought. Within ten (10) working days of receipt of the written grievance report from the Contractor, the Supervisor shall make a determination on the problem, and shall respond in writing to the Contractor indicating the decision and reasons therefore. Should the Contractor disagree with the Supervisor’s decision, the Contractor may appear to the next level, following the procedure listed below.

The Contractor must submit a letter of appeal to the Manager, Acquisitions Management Section, explaining why the Supervisor’s decision is unacceptable. The letter must include, as an attachment, copies of the Contractor’s original grievance report and evidence that was originally submitted, and the response from the Supervisor. The Contractor’s letter of appeal must be submitted within ten (10) working days of the receipt of the Supervisor’s written decision. The Manager, or designee, shall review the issues raised and shall render a written decision to the Contractor. The decision of the Manager, or designee, shall be final.

J. 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 and the Department of General Services (DGS).

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

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

California Correctional Health Care Services Budget Detail and Payment Provisions Exhibit B

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:

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.

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 15

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.

Rate Sheet Exhibit B-1

RATE SHEET

Mental Health Recruitment Services

Rate Sheet from RFP 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 04/2017) will be included in the Contract by reference to internet site:

http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx

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.

http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx

CCHCS Special Provisions Exhibit D

Revision 7-2024

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 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 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.

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. 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 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)

P. 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”.

Q. 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.)

R. 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.

S. 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.

T. 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…