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HomeMy WebLinkAboutSTATE OF CALIFORNIA DEPARTMENT OF REHABILITATION (3)INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF C(A fiRID: 5160-31888 N-2022-031 STATE OF CALIFORNIA -DEPARTMENT ghTENERAL SERVICES STANDARD AGREEMENT FEBt�p AGREEMENTNL FED STD 213 (Rev.04/2020) 0 e7 202�1 � 1 31888 PURCHASING AUTHORITY NUMBER CONTRACTING AGENCY NAME Department of Rehabilitation CONTRACTOR NAME City of Santa Ana 2. The term of this Agreement Is: START DATE July 1, 2020 THROUGHENDDATE June30,2021 3. The maximum amount of this Agreement is: $7,575.96 4. T e parties agree tocomp ywith t e terms and conditions of thefollowing exhibits, which are by this reference made a part of the Agreement. Exhibits Title Pages Exhibit A Scope of Work 1 Exhibit A.1 Contractor's Program Scope of Work 3 Exhibit B Budget Detail and Payment Provisions 4 Exhibit B.1 Contractor's Program Budget(s) and Narrative(s) 2 ExhibitC* General Terms and Conditions GTC04/2017 (Dated04/2017) 1 Exhibit D Special Terms and Conditions (Attached hereto as part of this agreement) 8 Exhibit Additional Provisions- Federally Funded Agreements 3 . Exhibit F Additional Provisions - Cooperative/Case Services 2 +. Exhibit G Additional Provisions— Contract Monitoring and Reporting 1 Items shown with an asterisk (1, are hereby incorporated by reference and made part or this agreement as Itattachedhereto. CONTRACTOR CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Santa Ana AJCC 20 Civic Center Plaza P.O. Box 1964 (Santa Ana SIGNING Kristine CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED Apgr d s to form, ATTSSTe ri t:CONIMENDED FOR APPROVAL: Ryat O. By: edge 71, Assistant City Attorney Steven A. Mendoza City ClerCommunity Development Executive Director Page 1 of 2 SCO ID: 5160-31888 STATE OF CALIFORNIA -DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENT NL STD 213 (Rev, 04/2020) 1 31888 CONTRACTING AGENCY NAME Department of Rehabllitatlon CONTRACTING AGENCY ADDRESS - 'CITY .STATE ZIP 721 Capitol Mall, 6th Floor Sacramento CA 95814 PRINTED NAME OF PERSON SIGNING 'TITLE Julie Sanchez SSW CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED Date: 2y 2.02.1ned 16:27: Sanchez Julie Sanchez Date: 2022.02.1616:27:45-08'00' 2/16/2022 CALI ORNIA D PARTM NTOF GENERAL kFIVIEES APPROVAL - - _ EXEMPTION (if Applicable) SCM Vol. 1 4.04 (A2) Page 2 of 2 EXHIBIT A SCOPE OF WORK City of Santa Ana AJCC Introduction DOR will participate in the America's Job Centers of America delivery system under the Workforce Innovation and Opportunity Act (WIOA), the Department of Rehabilitation (DOR) will financially participate cost shares towards the operating costs of those America's Job Centers of California in which DOR staff is co -located. The agreed allocation and payment of the operating costs of the America's Job Centers of California that is attributable to DOR are outlined in Exhibit B. 2. Services to Be Provided DOR agrees to provide vocational rehabilitation services to individuals whom DOR determines to be eligible for such services, and for whom such services are necessary and appropriate, consistent with federal and state law. 3. Locations City of Santa Ana AJCC 801 W. Civic Center Drive, Suite 200 Santa Ana, CA 92701 4. Contract Administrators Department of Rehabilitation Sonia Magana 222 S. Harbor Blvd. #300 Anaheim, CA 92805 Phone: (714) 518-2949 Sonia.Magana(o)dor.ca.gov :3i11F al City of Santa Ana Deborah Sanchez 20 Civic Center Plaza, M-13 P.O. Box 1964 Santa Ana, CA 92702 Phone: (714) 647-6543 Fax: (714) 647-5414 DSanchez(a)santa-ana.org EXHIBIT B ONE STOP AGREEMENT BUDGET DETAIL AND PAYMENT PROVISIONS Invoicing and Payment A. For services satisfactorily rendered, and upon receipt and approval of the invoice(s) by the DOR Contract Administrator, the DOR agrees to compensate, in arrears, the Contractor for actual expenses incurred in accordance with the rates specified herein (Attachment 1) and hereto attached and made a part of this Agreement. B. Invoices shall be submitted, in triplicate, to the DOR no later than thirty (30) days after the service has been completed or within five (5) business days after the DOR Contract administrator/designee has requested in writing for the invoice to be submitted. C. Submit invoices to: DOR Contract Administrator on page 1. D. Payment shall be in arrears contingent upon receipt of an approved monthly invoice by the DOR Contract Administrator/designee. The invoice must be submitted on Contractor's letterhead signed by authorized representative, and include: 1) A brief description of the work performed. 2) Location(s) of job. 3) The date(s) the work was performed. 4) The applicable rate and total dollar amount. 5) Contract Number 2. Budget Contingency Clause (State Funds) A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, 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 this Agreement. B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Exhibit B Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. C. Federal and State funds are time limited; therefore, invoices (service and certified match) must be submitted as soon as possible, but no later than 60 days after the service month. Final submission of all fiscal year-end invoices is due no later than November 1 st, to allow for payment and draw down prior to the close out of Federal/State funds. D. If budgetary funds revert due to failure to submit timely invoices or failure to submit a properly prepared invoice, related Federal and State funds will no longer be available for use which will require the contractor to submit a claim through the Victims Compensation and Government Claims Board, where approval to pay is not guaranteed. 3. For Federally Funded Agreements A. It is mutually understood between the parties that this Agreement may have been written for the mutual benefit of both parties before ascertaining the availability of congressional appropriation of funds, to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made. B. This Agreement is valid and enforceable only if sufficient funds are made available to the State by the United State Government for the current year and/or any subsequent year for the purpose of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by Congress or to any statute enacted by Congress that may affect the provisions, terms, or funding of this Agreement in any manner. C. The parties mutually agree that if Congress does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds. 4. Prompt Payment Clause The Department of Rehabilitation is obligated to promptly pay all invoices (Government Code Chapter 4.5 commencing with §927). However, invoices must be properly submitted for prompt processing and payment. Under certain conditions, the Department of Rehabilitation is required to pay Contractors a late payment if a correct invoice for services/goods is not paid within 45 calendar days. The Contractor does not need to request the late payment as the Department of Rehabilitation will determine and send any late payment to the Contractor. Exhibit B 2 ATTACHMENT 1 BUDGET DETAIL AND PAYMENT PROVISIONS City of Santa Ana AJCC DOR's Shared Cost 1. Operational Expenses: • Monthly Amount: $ 646.66 ■ Annual Amount $ 7,759.92 Total Amount for ■ Term of Agreement $7,759.92 ■ Allocation Method : Rental cost, Utilities and maintenance costs, equipment cost, Technology to facilitate access costs and common identified costs Contract Monthly Amount: $ 646.66 Contract Annual Total: $7,759.92 Total Contract Amount: $7,759.92 Attachment 1 1 EXHIBIT D SPECIAL TERMS AND CONDITIONS - AMERICA'S JOB CENTER OF CALIFORNIA AGREEMENT Notification All notices required by either party shall be in writing and sent by email, mail, or personally delivered to the appropriate address. Mailing addresses may be changed by written notice. 2. Disputes A. If Contractor believes that there is a dispute or grievance between Contractor and the State arising out of or relating to this agreement, Contractor shall first discuss and attempt to resolve the issue informally with the DOR Contract Administrator. If the issue cannot be resolved at this level, Contractor shall follow the following procedures: B. If the issue cannot be resolved informally with the DOR Contract Administrator, Contractor shall submit, in writing, a grievance report together with any evidence to the DOR Contract Administrator'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 DOR 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, Contractor may appeal to the next level, following the procedure in "Disputes", paragraph 3, listed below. C. Contractor must submit a letter of appeal to the Agency Director explaining why the Supervisor's decision is unacceptable. The letter must include, as an attachment, copies of the Contractor's original grievance report, evidence originally submitted, and response from Supervisor. Contractor's letter of appeal must be submitted within ten (10) working days of the receipt of the Supervisor's written decision. The Director or designee shall, within twenty (20) working days of receipt of Contractor's letter of appeal, review the issues raised and shall render a written decision to the Contractor. The decision of the Director or designee shall be final. 3. Right to Terminate A. The State reserves the right to terminate this agreement subject to 30 days written notice to the Contractor. Contractor may submit a written request to terminate this agreement only if the State should substantially fail to perform its responsibilities as provided herein. Exhibit D B. However, the agreement can be immediately terminated for cause. The term "for cause" shall mean that the Contractor fails to meet the terms, conditions, and/or responsibilities of the agreement. -In this instance, the agreement termination shall be effective as of the date indicated on the State's notification to the Contractor. C. This agreement 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 the Contractor is unable to render service as a result of any action by any governmental authority. 4. Basic Insurance Requirements A. General Provisions Applying to All Policies 1) Coverage Term — Coverage needs be in force for the complete term of the Agreement. If insurance expires during the term of the Agreement, a new certificate must be received by the State at least ten (10) days prior to the expiration of the insurance. Any new insurance must still comply with the terms of the Agreement. 2) Policy Cancellation of Termination & Notice of Non -Renewal — Contractor shall provide to the State within five (5) business days following receipt by contractor a copy of any cancellation or non -renewal of insurance required by this agreement. In the event contractor fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this agreement upon the occurrence of such event, subject to the provisions of this Agreement. 3) Deductible — Contractor is responsible for any deductible or self -insured retention contained within their insurance program. 4) Primary Clause — Any required insurance contained in this Agreement shall be primary, and not excess or contributory, to any other insurance carried by the State. 5) Insurance Carrier Required Rating — All insurance companies must carry a rating acceptable to the Department of General Services, Office of Risk and Insurance Management. If the Contractor is self insured for a portion or all of its insurance, review of financial information including a letter of credit may be required. 6) Endorsements — Any required endorsements must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance. Exhibit D 2 7) Inadequate Insurance — Inadequate or lack of insurance does not negate the Contractor's obligations under the Agreement. B. Insurance Coverage 1) Commercial General Liability — Contractor shall maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal & advertising injury, and liability assumed under an insured Agreement. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor's limit of liability. The policy must include: (Agency/Department Name), The State of California, its officers, agents, employees and servants as additional insured, but only with respect to work performed under the Agreement. Endorsements must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance. The endorsement must be acceptable to the DGS Office of Risk and Insurance Management. 5. Confidentiality A. Contractor agrees that any report or material created during the performance of this agreement will not be released to any source except as required by this agreement or otherwise authorized by DOR. B. Contractor agrees that any information obtained in the performance of this agreement is confidential and shall not be published or open to public inspection in any manner, except as authorized by DOR. C. Contractor agrees to maintain the confidentiality of any information concerning any consumers that the contractor may obtain in the performance of this agreement and specifically agrees to comply with the provisions applicable to such information as set forth in 34 Code of Federal Regulations, Section 361.38, title 9, California code of Regulations, Section 7140 et seq., and the Information Practices Act of 1977 (California Civil Code Section 1798 et seq.). D. Contractor agrees to report any security breach or information security incident involving DOR consumers' personal information to the DOR's Contract Administrator and the DOR's Information Security Officer. The DOR's Information Security Officer can be contacted via e-mail at isoinfoAdor.ca.gov. Exhibit D 3 E. Security breaches or information security incidents that shall be reported include. but are not limited to: 1. Inappropriate use or unauthorized disclosure of DOR consumers' personal information by the Contractor or the Contractor's assignees. Disclosure methods include, but are not limited to, electronic, paper, and verbal. 2. Unauthorized access to DOR consumers' personal information. Information can be held in medium that includes, but is not limited to, electronic and paper. 3. Loss or theft of information technology (IT) equipment, electronic devices/media, paper media, or data containing DOR consumers' personal information. IT equipment and electronic devices/media include, but are not limited to, computers (e.g., laptop and desktop, netbooks, tablets), smartphones, cell phones, CDs, DVDs, USB flash drives, servers, printers, peripherals, assistive technology devices (e.g., notetakers, videophones), and copiers. Data can be held in medium that includes, but is not limited to, electronic and paper. F. Contractor agrees to provide annual security and privacy training for all individuals who have access to personal, confidential, or sensitive information relating to the performance of this agreement. G. Contractor agrees to obtain and maintain acknowledgements from all individuals to evidence their understanding of the consequences of violating California privacy laws and the contractor's information privacy and security policies. H. For contractors that do not have a security program that includes annual security and privacy training, a self -training manual is available on the DOR website under the "Providers" tab in the "Becoming a Service Provider" section under "Annual Security and Privacy Training for VR Service Providers." The self - training manual is named "Protecting Privacy in State Government" and can be downloaded at the following link: https://www.dor.ca.gov/Home/Secudtvand Privacy. Additional training and awareness tools are available at the California Office of Information Security (OIS) website and the California Office of Privacy Protection (COPP) website. The COPP created the self -training manual, "Protecting Privacy in State Government" that DOR revised to meet its business needs. 6. Audit and Review Requirements General Audit and Review Requirements Exhibit D 4 A. The Contractor shall submit to the State such reports, accounts, and records deemed necessary by the State to discharge its obligation under State and - Federal laws and regulations, including the applicable OMB Circulars. - - B. Contractor agrees to comply with all laws, regulations, ordinances, and policies of any governmental unit having jurisdiction over the rehabilitation program with regards to construction, medicine, health, safety, wages, hours, working conditions, workers' compensation, licensing and all other activities requiring compliance. Contractor shall accept financial responsibilities in the event of non- compliance. C. Contractor shall provide State's staff access to all Contractor records and evaluations of individuals referred to the program, with the written consent of the individual. D. The State shall have the right to conduct inspections, reviews, and/or audits of the Contractor to determine whether the services provided and the expenditures invoiced by the Contractor were in compliance with this agreement and other applicable federal or state statutes and regulations. E. Contractor agrees that Department of Rehabilitation, State Controller's Office, Department of General Services, Bureau of State Audits, Federal Department of Education Auditors, or their designated representatives shall have the right to review and to copy any records and supporting documentation pertaining to the performance of the agreement, including such books, records, accounts, consumer service records, and other supporting documentation that may be relevant to the audit or investigation. Potential Subcontractors Nothing contained in this Agreement or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of his responsibilities and obligations hereunder. The 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. Contractor shall not subcontract any services under this Agreement without prior approval of the State. 8. Amendments In the event that additional services must be performed which was wholly unanticipated and is not specified in the written Scope of Work, but which in the Exhibit D opinion of both parties is necessary to the successful accomplishment of the general scope of work outlined, an amendment to this Agreement is required for additional money and/or time. The State has the option to renew the agreement for an additional (1) one-year period under the same terms and conditions. 9. Licenses and Permits A. The Contractor shall be an individual or firm licensed to do business in California and shall obtain at his/her expense all license(s) and permit(s) required by law for accomplishing any work required in connection with this Agreement. B. Contractor shall be located within the State of California, with a business license from the city/county in which you are headquartered is necessary, however, if you are a corporation, a copy of your incorporation documents/letter from the Secretary of State's Office can be submitted. C. In the event, any license(s) and/or permit(s) expire at any time during the term of this AGREEMENT, Contractor agrees to provide agency a copy of the renewed license(s) and/or permit(s) within 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 AGREEMENT upon occurrence of such event. 10. Non Eligible Alien — All Sole Proprietor Contracts: Contractor shall comply with US Code, Title 8, Section 1621 (a), (b), (c), and (d), concerning aliens or immigrants ineligible for State and local public benefits. 11. Debarment, Suspension, Ineligibility and Voluntary Exclusion Federal and State agencies shall not award assistance to applicants that are debarred or suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549. By signing this Agreement, Contractor certifies that neither it nor its principals or subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (Reference website: https://www.sam.gov/SAM/). 12. Prohibition on Tax Delinquency Any Agreement that a state agency enters into after July 1, 2012, is void if the contract is between a state agency and a contractor, or subcontractor, whose name appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code. (Public Contract Code Section Exhibit D 6 10295.4). In accordance with Public Contract Code Section 10295.4, agencies are required to cancel Agreements with entities that appear on either list. (Franchise Tax Board) https://www.ftb.ca.00v/about-ftb/newsroom/top-500-past-due- balances/index.html (Board of Equalization) https://www.cdtfa.ca.aov/taxes-and-fees/top500.htm 13. False Claim Act Contractor agrees that it shall promptly notify the State and refer to an appropriate federal inspector general any credible evidence that a principal, employee, agent, subcontractor or other person has committed a false claim under the False Claim Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving this Contract. 14. Fraud Awareness Training The Contractor, its employees or any individuals performing activities related to this Contract shall review the "Fraud Awareness Overview" no later than 30 days upon Contract award. The Fraud Awareness Overview maybe viewed at the following internet site: http://indor/directorsoffice/chief-deputy-director/audit-services/fraud- awareness. Hard copy available upon request. Exhibit D 7 Contractor Certification Clauses CCC 04/2017 CERTIFICATION I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California. City of Santa Ana Printed Name and Title of Person Signing Kristine Ridge, City Manager Z/^q_ / ZoZZ_ CONTRACTOR CERTIFICATION CLAUSES 95-6000785 ATTEST: By: Orange City Clerk tv of 1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.) 2. DRUG -FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug -Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug -free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug -free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred' the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003. Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State. Failure to make a good faith effort may be cause for non -renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services. 5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. 6. SWEATFREE CODE OF CONDUCT: a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the contractor's records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (a). 7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3. 8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35. DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California 1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (Pub. Contract Code §10410): 1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular.state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (Pub. Contract Code §10411): 1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision -making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy -making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e)) 2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.