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08/25/2005 09:12 FAX 327 2476 HLTH CARE SERVICES t� 028 Guaranteed Returns Contract Number ICM04358 CDC ADDITIONAL PROVISIONS Exhibit E i inmates and/or parolees are 'not or have not been deprived of any legal rights as required by law, regulation, policy and procedures; and e) written evidence that the contractor has taken such remedial action, in the event of employee misconduct with inmates and/or parolees, as will assure against a repetiti6n of the incident(s).Notwithstanding the foregoing, and without waiving any obligation of th6 contractor, CDC retains the power to conduct an independent investigation of any incident(s). Furthermore, it is the responsibility of the contractor to include the foregoing termswithin ithin 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. 3. Right to Terminate (Superpledes provision number 2, Right to Termination of Exhibit D) If this is a Public Entity Agreibment, the parties hereto agree that either party may cancel this Agreement by giving the oth#r party written notice thirty (30) days in advance of the effective date of such cancellation. i In the event of such termination, the State agrees to pay Contractor for actual services rendered up to and including the date of termination. 4. Federal, Funding a. If this Agreement inclilides federal funding, in whole or in part, it is mutually understood between the parties that this Agreement may have been written for the mutual benefit of both parties beforg ascertaining the availability of congressional appropriation of funds to avoid progrm and fiscal delays, which would occur if the Agreement were executed after that doermination was made. This Agreement is valid and enforceable only if sufficient funds are made available to the State by the United States Government for the fiscal year(s) covered by this Agreement and for the purposes of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or any statute enacted by the Congress that may affect the provisions, terms or funding of this Agreement in any manner. The parties mutually agree that if the Congress does not appropriate sufficient funds for the program, thisAgreement shall be amended to reflect any reduction in funds. b. The department hast the option to void the Agreement under the (30) thirty -day cancellation provision: or to amend the Agreement to reflect any reduction in funds. C. The recipient shall comply with the Single Audit Act and the reporting requirements set forth in Office of Mariagement and Budget (OMB) Circular A-133. "Audits of States, I Local Governments-apd Non -Profit Organizations." d. Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or sellingagencies maintained by the contractor for the purpose of securing business. For breach or violation of this warrgnty, the State shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the value of the work actually ctually perf olrmed, or otherwise recover the full amount of such commission, percentage, brokerag4, or contingent fee. -2-