California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 10 - General Fiscal Requirements › Article 2 - Subcontracts › Section 17802 - Required Subcontract Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
1. New
						section filed 7-1-2022; operative 7-1-2022 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 26).
Note: Authority cited: Section
						  8231,
						  Education Code. Reference: Section
						  8231,
						  Education Code.