HomeMy WebLinkAboutAgreement A-20-193 with EMSA.pdfSTATE OF CALIFORNIA -DEPARTMENT OF GENERAL SERVICE S
STANDARD AGREEMENT
STD 213 (Rev . 10/2018)
AGREEMENT NUMBER
C19 -071
Agreement No . 20-193
PURCHAS ING AUTHORITY NUMBER {if app l icable)
EMSA-4120
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CON TRA CT ING AGENCY NAME
Emergency Medical Services Authority (EMSA)
CONTRA CT OR NAME
Co unty of Fresno
2. The term of this Agreement is:
START DATE
Ap ri l 14, 2020
THROUGH END DATE
June 30, 2020
3 . The maxim um amount of this Agreement is :
$150,000.00 One Hundred Fifty Thousand Dollars and Zero Cents
4. The parties agree to comply with the terms and conditions of th e followi ng exhibits, which are by this reference made a part of the
Agreement.
EXH IBI TS TITLE
Exhibit A Scope of Work
Exh ib it B Budge t Detail and Payment Provis ion s
Exh ibit c· General Terms and Conditions
Exhibit D Spe cia l Term s and Conditions
Attachment 1 Ambulance Strike Team/Medica l Task Force State Reimb urse men t Schedule
Items shown with an asterisk ('}, are h ere by incorporated by reference an d made part of th is agreement as if a ttach ed hereto.
These documents can be viewed at www.dgs.ca.gov/ofslresources/standardcontractlanguage.aspx
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTR ACTOR
CO NTRACTOR NAM E (if other than an individual. state whether a corporation , partn ershi p, etc.)
_c_o_u_n_ty_o_f _Fr_e_sn_o _______ ATTEST :
PAGES
2
2
GTC 04~
5
1
CON TRACTOR BUS INE SS AD DRESS
P.O . Box 11867
BERNICE E . SEIDEL CITY ST ATE ZIP
Cl erk of t he Boa rd of Supe rv isors
-------------County of Fres no , Sta te of Cal ifornia
PR IN TED NAME OF PERSON SIGNING ~ .. _, ~ _
_E_rn_e_s_t _B_u_d_d_y_M_e_n_d_e_s _____ By ~ ~ De put y
CO NTRA CTOR AUTHORI ZED SIGNATURE
CONTRACT ING AGENCY NAME
Emergency Med ica l Services Authority
CO NTRACTING AGENCY ADDRESS
10901 Gold Center Drive, Suite 400
PRIN TED NAME OF PERSON SIGNING
Dave Duncan, MD
CON TRA CT IN G AGENCY AUTHORIZED SIGNATURE
Fresno CA 93 77 5
TITLE
Chai rma n, Board of Supervisors
DATE SIGNE D
CITY
Rancho Cordova
TITLE
Director
DATE SIGNED
!
STATE /ZIP
CA 95670
Page 1 of 2
STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (if applicable)
STD 213 (Rev. 10/2018) C19-071 EMSA-4120
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION, IF APPLICABLE
SCM 3.10
Page 2 of 2
County of Fresno
Agreement Number: C19-071
Page 1 of 2
EXHIBIT A
Scope of Work
1. The Fresno County EMS Communications Center as the designated transfer center
("Fresno Transfer Center") shall provide services that will allow for the coordination of
requests for the transfer of patients from facilities throughout the region to designated
alternate cares sites of the Federal Medical Station in California herein called
collectively (Contractor) is entering into this agreement with the California Emergency
Medical Services Authority (EMSA), hereinafter referred to as "State. The State expects
to establish multiple transportaion contracts to support this effort. Contractor may also
subcontract services to other providers.
2. EMSA is seeking a Contractor that can provide transport for these individuals to the
destination requested and the level of care deemed necessary by EMSA, in support of
minimizing the spread of the Novel Corona virus.
3. In accordance with State Contracting Manual Volume 1 (SCM 1), Section 3.10,
Emergency Contracts, the State is establishing this contract to provide transportation
within a reasonable amount of time to individuals who need transport deemed
necessary and requested by EMSA .Transport will be completed while minimizing
possible contamination, in accordance with transportation protocols as published by
California Department of Public Health (CDPH).
4. County of Fresno shall establish a single phone number for the receipt of requests for
transfer of a patient to the ACS or FMS. Any another method for communicating with
the Fresno Transfer Center for transfer requests must be approved by the EMS Agency
Director.
5. The Contractor shall shall have designated staff at the Fresno Transfer Center to
manage all requests for transfers to the ACS or FMS
6. Contractor shall establish protocols for the receipt and triage of patients being
recommended for transfer to the ACS or FMS.
7. Contractor shall have direct communications with the ACS or FMS to coordinate
transfer of patients to each approved site that is established.
8. Contractor shall provide for the dispatch and response of an appropriately staffed
ambulance to the requesting facility
9. Contractor shall be responsible for dispatching equipment, hardware, software
(including software licenses), and other technologies, which will be utilized for the triage
and entry of information in CONTRACTOR'S EMS Communications Center computer
aided dispatch ("CAD") system.
10. Contractor shall record all telephone and radio transmissions and provide instant
playback as needed. COUNTY shall retain recordings for a minimum of one-hundred
eighty (180) days.
County of Fresno
Agreement Number: C19-071
Page 2 of 2
EXHIBIT A
11. Contractor shall provide data and/or reports, upon request, to the State EMS Authority
(EMSA) or other requesting State agencies approved by EMSA.
12. Representatives
A. All inquiries related to and during the term of this Agreement shall be addressed to
the authorized representatives listed below:
Agency:
Emergency Medical Services Authority
Contractor:
County of Fresno
Section/Unit: Administrative Unit Section/Unit: Pacific Region
Attention:
Yolanda D. Jackson, Contract Analyst
Attention:
Dan Lynch
Address:
10901 Gold Center Dr, Ste 400
Rancho Cordova, CA 95670
Address:
P.O. Box 11867
Fresno, CA 93776
Phone: (916) 431-3694 Phone: (559) 600-3387
Fax: (916) 322-1441 Fax: (559) 600-7691
Email: yolanda.jackson@emsa.ca.gov E-Mail: dlynch@fresnocountyca.gov
County of Fresno
Agreement Number: C19-071
Page 1 of 2
EXHIBIT B
Budget Detail and Payment Provisions
1. Invoicing and Payment
For services satisfactorily rendered, and upon receipt and approval of the invoices, the
State agrees to compensate Contractor for actual expenditures in accordance with the
rates/costs in Attachment 1, Ambulance Strike Team State Reimbursement
Schedule Effective 03/25/2019 as specified herein.
Ordering agency may pay by check, electronic funds transfer, or with the State's CAL-
Card credit card. Payments are to be made in accordance with General Provisions
(GSPD-401 Non-IT Commodities) revised 06/08/2010, paragraph 30 titled, "Required
Payment Date".
Other Services to be Provided under this Agreement
Transfer Center One-Time Set-up Fee: $2500.00
Transfer Center Daily Rate: $1500.00
A. In no event shall the Contractor request or be entitled to reimbursement from the
State for obligations entered into or for costs incurred prior to the effective date or
after this Agreement terminates.
B. The Contractor shall submit invoices in accordance with the payment schedule
above. Invoices must include the following:
1) State Agreement number;
2) Invoice number;
3) Invoice date;
4) Invoice total;
5) Bill to Address
6) Contractor's remittal address
7) Billing and/or performance period covered by invoice i.e. date and time, who
requested transport, who was transported, and location of transport.
C. Invoices shall be submitted physically to the address listed below:
Emergency Medical Services Authority
ATTN: Yolanda D. Jackson, Contract Analyst
Contract Number: C19-067
10901 Gold Center Drive, Suite 400
Rancho Cordova, CA 95670
County of Fresno
Agreement Number: C19-071
Page 2 of 2
EXHIBIT B
2. Budget Contingency Clause
A. It is mutually agreed that if the Budget Act of the current year and/or anysubsequent
years covered under this Agreement does not appropriate sufficient funds forthe
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 the Contractor orto
furnish any other consideration under this Agreement, and the 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 purposesof
this program, the State shall have the option to either cancel this Agreement with no
liability occurring to the State, or offer an agreement to the Contractor to reflect a
reduction in the amount.
3. 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.
4. Timely Submission of Final Invoice
A. A final undisputed invoice that is clearly marked "Final Invoice" shall be submitted for
payment no more than forty-five (45) calendar days following the final transportation.
B. If the State disputes the Final Invoice or any item in the Final Invoice, the State shall
provide written notice to the Contractor describing the reason or reasons the State
disputes the Final Invoice, and the Contractor shall be required to submit a corrected
Final Invoice to the State no later than ten (10) calendar days after the date the
Contractor received the State's written notice.
C. If the Contractor fails to submit a corrected Final Invoice within the time required, or if
the Contractor's corrected Final Invoice fails to correct the disputed item, the State
shall have the right to elect to deny payment of the disputed item and pay onlythe
undisputed amounts under the Final Invoice.
D. The State may, at its discretion, choose not to honor any final invoice submitted
after the deadline specified in Exhibit B, Budget Detail and Payment Provisions
Section 4. A above if the Contractor fails to obtain prior written State approval
of an alternate Final Invoice submission deadline.
County of Fresno
Agreement Number: C19-071
Page 1 of 1
EXHIBIT C
General Terms and Conditions (GTC - 04/2017)
The General Terms and Conditions are herein incorporated by reference and are
available at the Internet site:
https://www.dgs.ca.qov/-/media/Divisions/OLS/Resources/GTC-April-2017-
FINALapri12017.pdf?la=en&hash=3A64979F777D5B9D35309433EE81969FD69052D2
County of Fresno
Agreement Number: C19-071
Page 1 of 5
EXHIBIT D
Special Terms and Conditions
1. Performance Commencement
This Agreement is of no force and effect until signed by both Parties.
2. Right to Terminate
The State reserves the right to terminate this Agreement without cause upon thirty(30)
days advance 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.
However, the State may terminate the Agreement 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 termination of the Agreement shall be effective as
ofthe date indicated on the State's notification to the Contractor. In the event of such
termination, the State may proceed with the work in any manner deemed proper by
State and all costs to the State shall be deducted from any sum due to the Contractor
underthis agreement.
The parties may agree to suspend or cancel the agreement 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.
3. Amendments
Upon mutual consent, the State and the Contractor may execute amendments to this
Agreement. No amendment or variation of the terms of this Agreement shall be valid
unless made in writing, and agreed upon by both parties and approved, as required. No
verbal understanding or agreement not incorporated into the Agreement is binding on
any of the parties.
4. 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 orto
enforce the payment of any moneys to any subcontractor.
County of Fresno
Agreement Number: C19-071
Page 2 of 5
EXHIBIT D
5. Contractor Staff Expenses
The Contractor represents that it has or shall secure at its own expense, all staff
required to perform the services described in this Agreement.
6. Insurance Requirements
A. General Provisions Applying to All Policies
1) Coverage Term —Coverage needs to be in force for the complete term of the
contract. If insurance expires during the term of the contract, a new certificate
must be received by the State at least ten (10) days prior to the expiration of
this insurance. Any new insurance must still comply with the original terms of
the contract.
2) Policy Cancellation or Termination &Notice of Non-Renewal —Contractor
and/or Permittee is responsible to notify the State within five business days
before the effective date of any cancellation, non-renewal, or material change
that affects required insurance coverage. In the event Contractor and/or
Permittee 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
Contract upon the occurrence of such event, subject to the provisions of this
Contract.
3) Deductible —Contractor and/or Permittee is responsible for any deductible
or self- insured retention contained within their insurance program.
4) Primary Clause —Any required insurance contained in this contract 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 Office of Risk and Insurance Management. If the
Contractorand/or Permittee 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 requested by the State must
be physically attached to all requested certificates of insurance and not
substituted by referring to such coverage on the certificate of insurance.
7) Inadequate Insurance —Inadequate or lack of insurance does not
negatethe Contractor and/or Permittee's obligations under the
contract.
8) Satisfying aSIR —All insurance policies required by this contract permit must
allowthe State to pay and/or act as the Contractor's agent in satisfying any self-
insured retention (SIR). The choice to pay and/or act as the contractor's agent
in satisfying any SIR is at the State's discretion.
County of Fresno
Agreement Number: C19-071
Page 3 of 5
EXHIBIT D
9) Available Coverages/Limits —All coverage and limits available to the Contractor
shall also be available and applicable to the State.
10) Subcontractors — In the case of Contractor and/or Permittee's utilization of
subcontractors to complete the contracted scope of work, Contractor and/or
Permittee shall include all subcontractors as insureds under Contractor and/or
Permittee's insurance or supply evidence of insurance to The State equal to
policies, coverages and limits required of Contractor and/or Permittee.
11) Premiums —The contractor/Permittee shall be responsible for any premium,
deductible orself-insured retention in connection with any Required Insurance.
12) Required Insurance - By requiring the insurance herein, the Department does
not represent that the insurance coverage and limits will necessarily be adequate
to protect the Contractor/Permittee and such coverage and limits shall not be
deemed as a limitation on the contractor's/Permittee's liability under the
indemnities granted to the Department in this Contract.
13) Insurance Certificate -Contractor shall provide an insurance certificate
evidencing the required insurance coverage before work commences under this
Agreement.
B. Insurance Requirements:
The Contractor shall furnish to the State evidence of the following required
insurance, upon the State's request:
1) Commercial General Liability -Contractor shall maintain general liability on an
occurrence form with limits not less than $1,000,000 per occurrence and
$2,000,000 aggregate for bodily injury and property damage liability. The policy
shall include coverage for liabilities arising out of premises, operations,
independent contractors, products, completed operations, personal and
advertising injury, and liability assumed under an insured Agreement. This
insurance shall apply separately to each insured against which claim is made,
or suit is brought subject to the Contractor's limit of liability. The policy must
name The State of California, its officers, agents, and employees as
additional insured, but only with respect to work performed under the
contract.
2) Automotive Liability -Contractor shall maintain motor vehicle liability with limits
not less than $1,000,000 combined single limit per accident. Such insurance
shall cover liability arising out of a motor vehicle including owned, hired, and non-
owned motor vehicles. The policy must name The State of California, its
officers, agents, and employees as additional insured, but only with
respect to work performed under the contract.
3) Worker's Compensation and Employer's Liability -Contractor shall maintain
statutory worker's compensation and employer's liability coverage for all its
County of Fresno
Agreement Number: C19-071
Page 4 of 5
EXHIBIT D
4) employees who will be engaged in the performance of the Contract. In addition,
employer's liability limits of $1,000,000 are required. By signing this contract,
Contractor acknowledges compliance with these regulations.
A Waiver of Subrogation or Right to Recover endorsement in favor of the
State of California must be attached to certificate.
5) Professional Liability (if applicable) -Contractor shall maintain Professional
Liability covering any damages caused by a negligent error, act or omission
with limits not less than $1,000,000 per occurrence and $2,000,000 policy
aggregate. The Retroactive Date must be shown and must be before the date
of the contract or the beginning of contract work. Insurance must be
maintained, and evidence of insurance must be provided for at least five (5)
years after completion of the contract of work. If coverage is canceled or
non-renewed, and not replaced with another claims-made policy form with a
Retroactive Date prior to the contract effective date, the Contractor must
purchase "extended reporting" coverage for a minimum of Three (3) years after
completion of work.
7. Permits and Licenses
The Contractor shall procure all permits and licenses, pay all charges and fees
and give all notices necessary and incidental to the due and lawful prosecution
of the work.
8. Political Reform Act
The Contractor shall comply with the language stated in the Standard Contract
Provisions Concerning the Political Reform Act, Exhibit D, Attachment 2.
Contractor shall file a Statement of Economic Interests (Fair Political Practices
Commission Form 700) upon assuming office, annually, and within 30 days
after leaving office.
9. Settlement of Disputes
In the event of a dispute, the Contractor shall file a written dispute notice with
the State Contract Manager within ten (10) State business days after discovery
of the problem. Pending resolution of any dispute, the Parties shall continue to
perform under this Agreement, and Contractor shall diligently continue all work
and comply with all of the State Contract Manager's orders and directions.
A. The written dispute notice shall contain the following information:
1) The decision under dispute;
2) The reasons the Contractor believes the decision in dispute to have
been in error (if applicable, reference pertinent Agreement provisions);
3) Identification of all documents and substance of all oral
County of Fresno
Agreement Number: C19-071
Page 5 of 5
I_~li:ll ~~~~
communications that support the Contractor's position; and
4) The dollar amount in dispute, if applicable.
B. Upon receipt of the written dispute notice, the State Contract Manager will
examine the matter and issue a written decision to the Contractor within ten
(10) State business days. The decision shall contain the following information:
1) A description of the dispute;
2) A reference to pertinent Agreement provisions, if applicable;
3) A statement of the factual areas of the agreement or disagreement; and
4) A statement of the representative's decision with supporting rationale.
C. The decision of the State Contract Manager shall be final unless, within thirty
(30) calendar days from the date of the receipt of the State Project Director's
decision, the Contractor files with the State a notice of appeal addressed to:
Department of General
Services Attn: Director
707 3rd Street
W. Sacramento, CA 95605
The decision of the Director or the Director's designee shall be final.
10. Entire Agreement
This Agreement (including the Exhibits and documents incorporated into this
Agreement by reference) is the complete and exclusive statement of the
Agreement between the Parties relating to the subject matter of this Agreement
and supersedes all prior contracts or prior representations, oral or written,
between the Parties relating to the subject matter of this Agreement.
General Terms and Conditions (GTC 04/2017) EXHIBIT C
1. APPROVAL: This Agreement is of no force or effect until signed by both parties
and approved by the Department of General Services, if required. Contractor
may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be
valid unless made in writing, signed by the parties and approved as required. No
oral understanding or Agreement not incorporated in the Agreement is binding on
any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in
whole or in part, without the consent of the State in the form of a formal written
amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General
Services, the Bureau of State Audits, or their designated representative shall have
the right to review and to copy any records and supporting documentation pertaining
to the performance of this Agreement. Contractor agrees to maintain such records for
possible audit for a minimum of three (3) years after final payment, unless a longer
period of records retention is stipulated. Contractor agrees to allow the auditor(s)
access to such records during normal business hours and to allow interviews of any
employees who might reasonably have information related to such records. Further,
Contractor agrees to include a similar right of the State to audit records and interview
staff in any subcontract related to performance of this Agreement. (Gov. Code
§8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the
State, its officers, agents and employees from any and all claims and losses accruing
or resulting to any and all contractors, subcontractors, suppliers, laborers, and any
other person, firm or corporation furnishing or supplying work services, materials, or
supplies in connection with the performance of this Agreement, and from any and all
claims and losses accruing or resulting to any person, firm or corporation who may be
injured or damaged by Contractor in the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this
Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be
relieved of any payments should the Contractor fail to perform the requirements of
this Agreement at the time and in the manner herein provided. In the event of such
termination the State may proceed with the work in any manner deemed proper by
the State. All costs to the State shall be deducted from any sum due the Contractor
under this Agreement and the balance, if any, shall be paid to the Contractor upon
demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of
Contractor, in the performance of this Agreement, shall act in an independent
capacity and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty
of perjury, the minimum, if not exact, percentage of post-consumer material as
defined in the Public Contract Code Section 12200, in products, materials, goods, or
supplies offered or sold to the State regardless of whether the product meets the
requirements of Public Contract Code Section 12209. With respect to printer or
duplication cartridges that comply with the requirements of Section 12156(e), the
certification required by this subdivision shall specify that the cartridges so comply
(Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement,
Contractor and its subcontractors shall not deny the contract’s benefits to any person
on the basis of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age, sexual orientation, or military
and veteran status, nor shall they discriminate unlawfully against any employee or
applicant for employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic information,
marital status, sex, gender, gender identity, gender expression, age, sexual
orientation, or military and veteran status. Contractor shall insure that the evaluation
and treatment of employees and applicants for employment are free of such
discrimination. Contractor and subcontractors shall comply with the provisions of the
Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations
promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of
Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code
§§11135-11139.5), and the regulations or standards adopted by the awarding state
agency to implement such article. Contractor shall permit access by representatives
of the Department of Fair Employment and Housing and the awarding state agency
upon reasonable notice at any time during the normal business hours, but in no case
less than 24 hours’ notice, to such of its books, records, accounts, and all other
sources of information and its facilities as said Department or Agency shall require to
ascertain compliance with this clause. Contractor and its subcontractors shall give
written notice of their obligations under this clause to labor organizations with which
they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,
§11105.)
Contractor shall include the nondiscrimination and compliance provisions of this
clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 04/2017 are hereby incorporated by reference
and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein,
shall be in compensation for all of Contractor's expenses incurred in the
performance hereof, including travel, per diem, and taxes, unless otherwise
expressly so provided.
14. GOVERNING LAW : This contract is governed by and shall be interpreted in
accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies
that if these services or goods are obtained by means of a competitive bid, the
Contractor shall comply with the requirements of the Government Codes
Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following
definitions:
1) "Public purchase" means a purchase by means of competitive bids of
goods, services, or materials by the State or any of its political
subdivisions or public agencies on whose behalf the Attorney General may
bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or
agency making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and
agrees that if the bid is accepted, it will assign to the purchasing body all
rights, title, and interest in and to all causes of action it may have under
Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright
Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of
the Business and Professions Code), arising from purchases of goods,
materials, or services by the bidder for sale to the purchasing body
pursuant to the bid. Such assignment shall be made and become effective
at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through
judgment or settlement, a monetary recovery for a cause of action
assigned under this chapter, the assignor shall be entitled to receive
reimbursement for actual legal costs incurred and may, upon demand,
recover from the public body any portion of the recovery, including treble
damages, attributable to overcharges that were paid by the assignor but
were not paid by the public body as part of the bid price, less the expenses
incurred in obtaining that portion of the recovery. Government Code
Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year
from such demand, reassign the cause of action assigned under this part if
the assignor has been or may have been injured by the violation of law for
which the cause of action arose and (a) the assignee has not been injured
thereby, or (b) the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of
$100,000, the contractor acknowledges in accordance with Public Contract Code
7110, that:
a. The contractor recognizes the importance of child and family support
obligations and shall fully comply with all applicable state and federal laws
relating to child and family support enforcement, including, but not limited
to, disclosure of information and compliance with earnings assignment
orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the
earnings assignment orders of all employees and is providing the names
of all new employees to the New Hire Registry maintained by the
California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement
is unenforceable or held to be unenforceable, then the parties agree that all other
provisions of this Agreement have force and effect and shall not be affected
thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess
of $200,000, the Contractor shall give priority consideration in filling vacancies in
positions funded by the Contract to qualified recipients of aid under Welfare and
Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION
REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small
business participation, then Contractor must within 60 days of receiving
final payment under this Contract (or within such other time period as may
be specified elsewhere in this Contract) report to the awarding department
the actual percentage of small business participation that was achieved.
(Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled
veteran business enterprise (DVBE) participation, then Contractor must
within 60 days of receiving final payment under this Contract (or within
such other time period as may be specified elsewhere in this Contract)
certify in a report to the awarding department: (1) the total amount the
prime Contractor received under the Contract; (2) the name and address of
the DVBE(s) that participated in the performance of the Contract; (3) the
amount each DVBE received from the prime Contractor; (4) that all
payments under the Contract have been made to the DVBE; and (5) the
actual percentage of DVBE participation that was achieved. 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.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or
supplies then the following statement is incorporated: It is unlawful for any person
engaged in business within this state to sell or use any article or product as a “loss
leader” as defined in Section 17030 of the Business and Professions Code. (PCC
10344(e).)
Contractor Certification Clauses
CCC 04/2017
CERTIFICATION
I, the official named below, CERTIFY UNDER PENAL TY 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 .
Contractor/Bidder Firm Name (Printed)
County of Fresno
By (Authorized Signature)
Federal ID Number -
ATTEST:
C-_ BERNICE E. SEIDEL
C---,:::f-~ ~ -~ Clerk of the Board of Supervis~rs .
Printed Name and Titleoferson Signing county of Fresn~, State of California
By ~ ~ Deputy
Ernest Buddy Mendes, Chairman of the Board of Supervisor. ~
Date Executed
CONTRACTOR CERTIFICATION CLAUSES
Executed in the County of
Fresno
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.
Agreement between the County of Fresno and the California Emergency
Medical Services (EMS) Authority
Name/No.: Fresno County EMS Fresno Transfer Center Grant (State Agreement No.
C19-071)
Fund/Subclass: 0001/10000
Organization #: 56201695
Revenue Account #: 3503