California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 2 - Subcontracts › Section 18031 - Required Subcontract Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every subcontract shall 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 child development contract, prior
					 written Child Development Division (CDD) approval is required unless the
					 subcontract is otherwise exempt from prior CDD 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 CDD for any unit of
					 equipment that costs in excess of the amount stated in the annual child
					 development 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 California
					 Department of Education's represented employees computed in accordance with
					 State Department of Personnel Administration regulations, Title 2, California
					 Code of Regulations, 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 CDD 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 Title 2 California Code of Regulations, Chapter 5, section
					 8107.
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2.
						Change without regulatory effect amending subsections (f), (h)-(j), (l) and (m)
						filed 12-23-2010 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2010, No. 52).
Note: Authority cited: Section
						  8261,
						  Education Code. Reference: Section
						  8261,
						  Education Code.