Cal. Code Regs. Tit. 5, § 17802 - Required Subcontract Provisions
With the exception of subcontracts excluded pursuant to section 17797, every subcontract shall be in writing and specify:
(a) The dates
within which the subcontractor is to perform the contract. The time for
subcontractor performance shall not begin prior to, nor shall the time extend
beyond, the time period of the contract between the contractor and the
state.
(b) The dollar amount of the
subcontract or specify an amount not to exceed a maximum dollar
amount.
(c) The service(s) to be
provided under the subcontract.
(d)
The responsibilities of each party under the subcontract.
(e) That the subcontractor, and the agents
and employees of the subcontractor, in the performance of the subcontract, are
acting in an independent capacity and not as officers or employees or agents of
the State of California.
(f) That
modifications of the subcontract shall be in writing, and that for subcontracts
in excess of the amount stated in the annual preschool contract, prior written
Early Education Division approval is required unless the subcontract is
otherwise exempt from prior Early Education Division approval.
(g) That the subcontract is the complete and
exclusive statement of the mutual understanding of the parties and that the
subcontract supersedes and cancels all previous written and oral agreements and
communications relating to the subject matter of the subcontract.
(h) Remedies, in case of a breach of
contract, for subcontracts in excess of $10,000.00.
(i) That the State of California retains
title to any equipment or supplies purchased with state funds and that the
equipment shall be returned to the contractor upon termination of the
subcontract. The subcontract shall also specify that the subcontractor shall
obtain prior written approval from the contractor and the Early Education
Division for any unit of equipment that costs in excess of the amount stated in
the annual preschool contract.
(j)
That the subcontractor shall be reimbursed for travel and per diem expenses
only at rates that do not exceed the rates paid to the majority of CDE's
represented employees computed in accordance with California Department of
Human Resources regulations, CCR, title 2, subchapter 1.
(k) That the subcontractor agrees to
indemnify and hold harmless the State of California, its officers, agents and
employees from any and all claims and losses occurring or resulting to any and
all contractors, subcontractors, materialmen, laborers and any other person,
firm or corporation furnishing or supplying work, services, materials or
supplies in connection with the performance of the subcontract, and from any
and all claims and losses occurring or resulting to any person, firm or
corporation that may be injured or damaged by the subcontractor in the
performance of the subcontract.
(l)
That for those subcontracts requiring Early Education Division prior approval,
the subcontractor shall maintain records for program review, evaluation, audit
and/or other purposes and make the records available to agents of the state for
a period of five years.
(m) Contain
provisions of the "Nondiscrimination Clause" included in the prime contract as
specified in CCR, title 2, chapter 5, section 11105.
Notes
Note: Authority cited: Section 8231, Education Code. Reference: Section 8231, Education Code.
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