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08/25/2005 09:11 FAX 327 2476 HLTH CARE SERVICES Guaranteed Returns California Department of Corrections s (LCDC) ai_s�� ADDITIONAL PROVISIONS tO 027 Contract Number ICM04358 Exhibit E 1. Small Business and DVBt Participation — Commercially Useful Functions This solicitation and any resulting contract shall be subject to all requirements as set forth in AB 669, Statutes of 2003 pertaining to the following code sections: Government Code S bctions 14837, 14838.6, 14839, 14842, 14842.5 Military and Veterant Code (MVC) Sections 999, 999.6, 999.9 In part, these code sections involve requirements to qualify as a California certified Small Business, Microbusiness and DVBE. Effective January. 1, 2004, the aforementioned companies must perform a commercially useful function to be eligible for award. AB 669 also requires that the DVBEbe "domiciled' in California. Failure of the supplier to comply with the definition of and detailed requirements for providing a commercially useful function will cause the supplier's bid response to be considered non-responsive and their bid will be rejected. Also, contractors f6und to be in violation of certain provisions contained within these code sections may be subject to loss of certification, penalties and contract cancellation. 2. Contractor Employee Miscbnduc Public Entity Agreements and Interagency Agreements During the performance of ;this Agreement,. it shall be the responsibility of the contractor whenever there is an incident of use of - force or allegation(s) of employee misconduct associated with and directly impacting inmate and/or parolee rights, to immediately notify the CDC of the incident(s), to cause an investigation to be conducted, and to provide CDC with all relevant information pertaining to the. incident(s). All relevant information includes, but is not limited to: a) investigative'reports; b) access to inmates/parolees and the associated staff; c) access to employee personnel records; d) that information reasonably necessary to assure CDC that inmates and/or parolees are not or have not been deprived of any legal rights as required by law, reguiationi policy and procedures; and e) written evidence that the contractor has taken such remedial action, in the event of unnecessary or excessive force, or employee misconduct with inmates and/or parolees, as will assure against a repetition of incident(s) or retaliation. To the extent that the information provided by the contractor fails to so assure CDC, CDC may require that: any implicated contractor staff be denied access to and the supervision of CDC inmates' and/or parolees at the facility and access to inmate and/or parolee records. Notwithstaj ding the foregoing, and without waiving any obligation of the contractor, CDC retains the plower to conduct an independent investigation of any incident(s). Furthermore, it is the responjibility of the contractor to include the foregoing terms within any and all subcontracts, requiring that subcontractor(s) agree to the jurisdiction of CDC to conduct an investigation of their facility and staff, including review of subcontractor employee- - - personnel records, as a condition of the Agreement. Agreements With Private En' tities During the performance of tis Agreement, it shall be the responsibility of the contractor whenever there Is an allegation of employee misconduct associated with and directly impacting inmate and/or pa fee rights, to immediately notify the CDC of the incident(s), to cause an investigation to be, conducted, and to provide CDC with all relevant information pertaining to the incident(s).'i All relevant information includes, but is not limited to: a) investigative reports; b) access to inmates/parolees and the associated staff, c) access to employee personnel recordsJ1 d) that information reasonably necessary to assure CDC that