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Cover Letter_0119.xft
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
State of California—Transportation Agency GAVIN NEWSOM, Governor Business Services Section
Contract Services Unit
601 N. 7th Street
Sacramento, CA 95811
(916) 843-3610
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)
January 31, 2025
Subject: Agreement Number 24C325000-0
City of Napa Police Department
1539 First Street
Contract Analyst
KELLIE AU
Enclosures
Contract status.
CHP 78V, Conflict of Interest & CHP 116, Darfur Certification STD. 213, Standard Agreement with attached exhibits. Sign the first page of the STD. 213, sign the additional single STD. 213, and return both copies.
STD. 213A, Standard Agreement Amendment. Sign the first page of the STD. 213A, sign the additional single STD. 213A, and return both copies.
STD. 210, Short Form Contract. Sign and return both copies.
Letter of Agreement. Sign and return both copies.
STD. 204, Payee Data Record. Complete and return.
CCC, Contractor Certification Clauses. Complete and return.
Obtain and forward the liability insurance certificate required by the terms of the Agreement.
Resolution, motion, order, or ordinance from the local governing body authorizing this Agreement.
STD. 807, Payment Bond. Complete and return one copy.
CHP 28, Voluntary Statistical Data. Complete and return.
The enclosed agreement is signed on behalf of the Department of California Highway Patrol. Process and when approved, return an original to this office.
The enclosed approved agreement is for your records.
Safety, Service, and Security
An Internationally Accredited Agency
Napa, CA 94558
Letter of Agreement. Sign and return both copies.
Congratulations, you have been awarded the agreement. Please complete the following marked item(s) and return to the above address within ten (10) business days:
Jennifer Gonzales
Police Chief
Department of California Highway Patrol
and City of Napa
Agreement #24C325000
EXHIBIT A
(Standard Agreement)
SCOPE OF WORK
1. Contractor agrees to provide to the Department of California Highway Patrol (CHP) Napa Area Office, the services described herein: furnish use of Contractor’s weapons firing range facilities including restroom facilities if available; pay all taxes, insurance, bonds, license and permit fees, maintenance fees and all other costs required to provide use of the Weapons Firing Range Facility in accordance with the terms set forth in this Agreement.
2. The services shall be performed at:
City of Napa
Napa Police Department
1539 First Street
Napa, CA 94558
3. The services shall be provided during:
Dates and times to be mutually agreed upon between CHP Project Representative and Contractor.
4. The Project Representatives during the term of this Agreement will be:
STATE AGENCY
Department of California Highway Patrol
CONTRACTOR
City of Napa (Napa Police Department)
NAME
William Bradshaw, Sergeant
NAME
Jennifer Gonzales, Police Chief
TELEPHONE NUMBER
(707) 669-6300
EMAIL
TELEPHONE NUMBER
(707) 257-9550
EMAIL
[email protected]
Direct all inquiries to:
STATE AGENCY
Department of California Highway Patrol
CONTRACTOR
City of Napa
SECTION/UNIT
Business Services Section/CSU
SECTION/UNIT
Napa Police Department
ATTENTION
Kellie Au, Contract Analyst
NAME
Kristofer Jenny, Police Lieutenant
ADDRESS
601 North 7th Street
Sacramento, CA 95811
ADDRESS
1539 First Street
Napa, CA 94559
TELEPHONE NUMBER
(916) 843-3607
EMAIL
TELEPHONE NUMBER
(707) 257-9671
EMAIL
Department of California Highway Patrol
and City of Napa
Agreement #24C325000
EXHIBIT A
(Standard Agreement)
SCOPE OF WORK
5. The following additional terms shall apply to CHP’s use of weapons firing range Facility:
A. CHP’s use of the weapons firing range Facility shall be limited to CHP personnel assigned to the Napa Area office.
B. Contractor agrees that CHP shall have the use of the on-site firearms buildings located on the range for training programs. The classroom facility may be used on a case-by-case basis, without additional charge, when arranged through the Range Master.
C. Contractor and CHP agree the weapons range shall be open and usable by members of CHP at such times that are mutually agreeable to both parties, but that exclusive use of the facilities by CHP for any time(s) is not granted without prior mutual agreement of both parties. CHP may use the range up to three (3) days per month, including two (2) night shoots per year. Dates and times that have been agreed to may be cancelled or changed by CHP up to fourteen (14) working days prior to the scheduled training. The training may then be rescheduled to an available time slot.
D. Brass will be retained by Contractor.
E. CHP shall use frangible ammunition when conducting live-fire training on the premises. Frangible ammunition is not made from lead and is designed to break into small pieces upon contact with harder objects or surfaces.
F. The weapons firing range Facility must be able to accommodate the following minimum:
1) .40 caliber pistol (loaded with Department-issued ammunition currently 180G) a. Twelve (12) shoots per year, one (1) each month or two (2) every other month.
b. Two (2) qualification shoots which must be performed at the following distances:
2 yards, 4 yards, 7 yards, 10 yards, 15 yards, and 25 yards. c. Ten (10) practice shoots, of which two (2) night shoots are recommended. d. Use for make-up shoots at times mutually agreeable to both parties.
2) Tactical rifle (.223 caliber)
a. Four (4) shoots per year (quarterly).
b. One (1) night shoot is required.
c. Maximum distance of 50 yards.
Department of California Highway Patrol
and City of Napa
Agreement #24C325000
EXHIBIT A
(Standard Agreement)
SCOPE OF WORK
3) Shotgun (00 buckshot)
a. Eight (8) shoots per year (two (2) quarterly).
b. Two (2) night shoots required.
c. Distance 15 yards maximum.
G. Inspection and test firing of weapons:
1) All weapons are to be test fired after each required inspection by the Area Weapons Range Officer.
2) Use of weapons firing range Facility to test fire weapons will be coordinated between the Area Weapons Range Officer and the Contractor.
Department of California Highway Patrol
and City of Napa
Agreement #24C325000
EXHIBIT B
(Standard Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
1. INVOICING AND PAYMENT
A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.
B. Invoices shall include the Agreement Number and shall be submitted in duplicate not more frequently than semi-annually in arrears to:
Name: Sergeant William Bradshaw
Office: Napa Area office
Address: 975 Golden Gate Drive
Napa, CA 94558
Invoice shall be billed to “California Highway Patrol” and not “CHP”.
C. Invoices not on pre-printed bill heads shall be signed by Contractor furnishing the service.
2. BUDGET CONTINGENCY CLAUSE
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 Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced 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.
Department of California Highway Patrol
and City of Napa
Agreement #24C325000
EXHIBIT B
(Standard Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS (Continued)
4. RATE SCHEDULE
CHP agrees to pay Contractor Two Thousand Dollars and Zero Cents ($2,000.00), per month to be billed semi-annually (twice per year) in arrears for Weapons Firing Range Services use.
Department of California Highway Patrol
and City of Napa
Agreement #24C325000
EXHIBIT C
(Standard Agreement)
GENERAL TERMS AND CONDITIONS – Modified 04/2017
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. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
6. 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.
7. 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.
8. 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).
Department of California Highway Patrol
and City of Napa
Agreement #24C325000
EXHIBIT C
(Standard Agreement)
9. 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.
10. 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.
11. TIMELINESS: Time is of the essence in this Agreement.
12. 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.
13. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
14. 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
Department of California Highway Patrol
and City of Napa
Agreement #24C325000
EXHIBIT C
(Standard Agreement)
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.
15. 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.
16. 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.
17. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions
Department of California Highway Patrol
and City of Napa
Agreement #24C325000
EXHIBIT C
(Standard Agreement)
funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
18. 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.)
19. 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).)
Department of California Highway Patrol
and City of Napa
Agreement #24C325000
EXHIBIT D
(Standard Agreement)
SPECIAL TERMS AND CONDITIONS
1. The CHP and Contractor reserve the right to cancel this Agreement within thirty (30) days advance written notice.
2. This Agreement may be amended by mutual written consent of the parties hereto.
3. In the event of an unforeseen emergency, CHP may cancel this Agreement without prior notice; provided however, CHP shall pay Contractor all outstanding amounts due to Contractor prior to the date of termination.
4. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed within a period of time ten (10) days by the parties normally responsible for the administration of this contract, shall be brought to the attention of the Administrative Services Officer (or designated representative) of each organization for joint resolution.
5. Contractor agrees to provide CHP with a resolution, motion, order or ordinance of the governing body, which authorizes execution of this Agreement, and indicates the individual who is authorized to sign the Agreement on behalf of City of Napa.
By:
De
partment of Ca
lifornia Hig
hway Pa
trol
an
d City of Nap
a
Agreement # 24C32500
0
18 .7. Sign
atures. The in
dividuals executi
ng this Agr
eement rep
resent an
d wa
rrant that the
y have
the right, po
wer, l
egal ca
pacity, an
d autho
rity to en
ter into and to execut
e this Agr
eement on be
half
of th
e respec
tive lega
l en
tities of Co
ntractor and the City.
IN WIT
NESS WHE
REOF, the pa
rties he
reto have caus
ed thi
s Ag
reement to be exe
cuted the day and yea
r
first a
bove writ
ten.
CITY:
CITY OF NAP
A, a Califo
rnia ch
arter city
By:
Jen
nifer Gon
zalez, Police Chief
AT
TEST:
Tif
fany Ca
rranza, Cit
y Clerk
Date:
( “Eff
ective Date")
COUNT
ERSIGNED:
Erik
a Leahy, City Audito
r
AP
PROVED AS TO FORM:
Christopher Diaz, Interim Cit
y Attor
ney
LICE
NSEE:
Cal
ifornia Highway Pa
trol
Department of California Highway Patrol
and City of Napa
Agreement #24C325000
ATTACHMENT 2
City of Napa Lead Best Management Practices
Prevent pooling water.
If pooling water is present onsite notify Range Master
Suppress dust.
If dust clouds are present during usage, mist with hose provided or notify Range Master
Prevent unauthorized vehicle access and parking.
Do not allow vehicles to drive past posted signs. Parking is located at the site entrance.
Prevent accidental ingestion of lead.
Use handwashing facilities after firearm maintenance and firing activities.
Use the changing room to change clothing after range usage.
Do not eat or drink near shooting area or firearms maintenance area.
Vacuum Classroom with HEPA vacuum after all usage
Reduce ricochet risk.
Watch for large rocks/boulders in shooting area and remove then or report their presence to the range master.
Complete any required tracking sheets.
Rounds Fired Tracking Sheet
Maintenance Tracking Sheet
Cleaning Tracking Sheet
Range Inspection Tracking
Maintain Mist Application for Dust Suppression Documentation
C
CC 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.
Contractor/Bidder Firm Name (Printed)
Federal ID Number
B
y (Authorized Signature)
P
rinted Name and Title of Person Signing
D
ate Executed Executed in the County of
C
ONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the n
ondiscrimination 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 r
equirements 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 City of Napa
94-6000380
Jennifer Gonzales, Police Chief
Napa
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.