HPM 11.1 - ADMINISTRATIVE PROCEDURES MANUAL - CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS Flashcards
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
A __________ shall be used to initiate all service agreements which are repetitive regardless of the estimated dollar value and for one-time services of $__________ or more.
CHP 78 - Agreement Request
$5,000
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
A CHP 78R, Reimburseable Services Contract Request, shall be used to initiate all reimbursable service contracts with: __________ / __________ / __________
EXAMPLES: Bailiff / COZEEP / MAZEEP / BAR / Private Contractor
Another state entity regardless of the estimated dollar value
A local government entity or private sector with an estimated dollar value in excess of $50,000
Where special or mutual indemnification language is required.
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
An RSC for traffic control that is with a local government entity or other local public body or private sector with an estimated dollar value of $50,000 or less can be processed by the OPI by completing a __________.
EXAMPLES: Edison Line-Pull / In-view stationary unit on PCH and Trancas paid for by private citizens
CHP 465, Reimbursable Letter of Agreement
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
Typically, a Letter of Agreement (LOA) is utilized if the service does not involve the expenditure of funds. Some examples of these types of services are: emergency medical technician, radar, and Academy facility use.
All LOAs other than CHP 465s must be processed through the CSU and signed by the ASD chief.
If hazardous activity is involved or requires the state to indemnify, or to hold the contractor harmless, the LOA must go through the CSU.
INFO ONLY
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
An __________ is a formal modification to an agreement.
Amendment
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
A __________ shall be used to initiate all amendments to agreements and is to be forwarded with required approvals/signature to CSU for processing.
CHP 78A - Agreement Amendment Request
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
CHP 78A is for (Amendments) and must be entered into before the __________ of the original agreement.
Expiration
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
An amendment request is required to:
To extend the length of the term of the agreement for not more than __________.
To increase the original agreement’s maximum amount by no more than __________ percent, not to exceed __________ of the original contract.
To modify the __________ / __________ / __________ in any part of the agreement.
To decrease the original agreement’s maximum amount. This is a rare occurrence. INFO ONLY
One (1) year.
30 / $250,000
Scope of work / Rates / Language
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
__________ __________ is required unless there is a legally authorized basis for bid exemption.
Competitive bidding
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
Exemptions to competitive bidding:
INFO ONLY
KNOW THIS FOR OVERTIME / FACILITIES OFFICER POSITION
Amended Agreements.
Contracts of less than $5,000.
Contracts of less than $5,000 where only per diem or travel expenses or a combination thereof, are to be paid.
Emergency Contracts.
Interagency Agreements. COZEEP/MAZEEP, BAR, BAILIFF
Contracts with other public entities (EDISON)
Contracts for the sole purpose of obtaining expert witnesses for litigation.
Contracts for legal defense, legal advice, or legal services by an attorney or the attorney’s staff.
Contracts with a business entity that operates a Community Rehabilitation Program (CRP).
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
For a contract (NOT AN X-NUMBER) to be awarded to a SB, MB, or DVBE:
$5,000 to $249.999.99 and two (2) quotes
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
All questionable invoices shall be __________ immediately.
Disputed
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
Undisputed invoices shall not sit in an employee’s inbox unattended.
INFO ONLY
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
Contractors are due payment within __________ days of the command receiving the invoice.
45 Days
After 45 days, the Department will be assessed late payment penalty fees.
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
Once the invoice is disputed, the 45-day-clock __________ and does not restart until the disputed invoice is resolved. Disputing the invoice eliminates or minimizes late payment penalties.
Stops
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
If a certified SB/DVBE has a payment/invoice concern that a Division, Area command, or FMS cannot resolve, the invoice shall be __________ immediately and the contractor/supplier can be referred to the certified business advocate for assistance.
Disputed
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
At the direction of the appropriate Commissioner, all service agreements (OTHER THAN REIMBURSABLE AGREEMENTS) are required to contain:
Eight (8) things:
-CHP 78S - Conflict of interest - Employee
-CHP 78V - Conflict of interest - Vendor
-STD. 204 - Payee Data Record - Tax Info
-CHP 28 - Voluntary Statistical Data - After Award
-STD. 16 - Contract Award Report
-Contractor Certification Clause
-CHP 116 - Darfur Contracting Act Certification - Sudan -
Business outside US within 3 years - Must certify they
are not a scrutinized company
-Commercially Useful Function
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
Fingerprint/Driver License Checks: Commands are to conduct (at its own expense) a CA DOJ, FBI, fingerprint check, CA DMV driver license check on all contractors and their personnel who provide __________ and/or __________ maintenance or service to CHP on a __________ basis or for more than __________ days.
Unrestricted and/or Unsupervised
Regular basis or for more than 90 days
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
For agreements requiring __________ maintenance or service, fingerprint checks are not required, but a driver license check is required if the contractor and/or specifically assigned personnel are scheduled to be on-site for more than __________ days
Intermittent
Thirty (30) days
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
Problems concerning the contractor’s performance must be fully __________ and made a part of the contract manager’s agreement file.
Documented in writing
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
When the contract manager has determined the work under an agreement is unsatisfactory and initial contact with the contractor has not resolved the problem, the contract manager shall notify __________ to prepare written notification to the contractor.
Contract Services Unit (CSU)
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
The written notification shall be delivered to contractor by __________ or __________.
Certified Mail or UPS Ground
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
Cancellation of an Agreement: The command shall notify __________ by telephone, followed in writing either by a __________ or __________.
Contract Services Unit (CSU)
Memorandum
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
If adequate CHP facilities are not available, rooms may be rented for testing, training purposes, conferences, and meetings.
INFO ONLY
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
The Department has established an expenditure cap of $___________ per room, per day, for the rental of commercial meeting/conference rooms, not to exceed $__________.
$500
$250,000
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
Any commercial meeting/conference room rental which is expected to exceed $4,999 in total cost or will be used i repetitive monthly, quarterly or semi-annually meeting/conferences shall be initiated as a service agreement on a __________.
CHP 78 - Agreement Request
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
If it is a one-time room rental and the total cost is less than $4,999, the __________ process may be utilized.
X-Number process
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
Each contract manager is responsible for maintaining all invoices, records, and relevant documentation for __________ years after the final payment under the agreement.
Three (3) years
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
No service provider may be issued multiple X Numbers in one fiscal year that exceeds $__________ for the performance of the same service type.
$4,999.99
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
For emergency services:
Commands are to complete and submit within __________ of the incident to CSU the emergency CHP 78.
Five (5) business days
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
Each state agency shall have an annual statewide participation goal in state contracting of not less than __________ percent for SB/MB and not less than __________ percent for DVBE. These goals apply to the overall dollar amount expended each year by the Department.
Twenty-Five (25) percent
Three (3) percent
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
The acquisition of services $5,000 or more where only one known contractor is able to provide the services and no competition exists is called a(n) __________ agreement.
Non-Competitive Bid (NCB)
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
For emergency services:
Commands are not required to obtain three bids or advertise prior to entering into an emergency agreement.
Commands are not required to obtain an Non Competitive Bid approval prior to entering into an emergency agreement.
INFO ONLY
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
An informal means of obtaining one-time, short-term, occasional, or annual (single state fiscal year) services under $5,000 from any source within one state fiscal year is a(n) __________ number.
X-Number
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
For emergency services:
Prior to obtaining emergency services, commands are to notify the __________ or designee for an emergency agreement number providing preliminary information.
Business Services Section (BSS) Procurement Manager
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
For emergency services:
For incidents occurring after normal work hours or on weekends, commands shall obtain the required emergency service and contact the BSS Procurement Manager or designee on the __________.
Next business day
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
For emergency services:
For facility related emergencies contact the __________.
Facilities Section
After hours and weekends/holidays: The next business day notification applies
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
Prompt Payment Act: All invoices shall be reviewed, approved and forwarded to FMS within __________ days.
Three (3) days
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
Non-Competitively Bid. Pursuant to various Governor EOs and DGS MMs, the competitive bidding processes will be utilized to the maximum extent required by law.
INFO ONLY
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
No service shall commence prior to formal approval of the agreement by the Department of General Services, or under its authority the, Administrative Services Division, except in an __________.
Emergency
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
For emergency services:
The emergency CHP 78 will contain: (Six (6) things)
Emergency agreement number.
Name and address of the contractor.
Dollar amount.
Dates of the incident.
Explanation of the incident meeting the definition of
an emergency.
All required approval signatures.
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
The Department shall make every effort to seek out and include California-certified __________, __________, and __________ participation first before utilizing a large or non-certified contractor/supplier when conducting any procurement activity within its approved procurement authority.
Small Business (SB), Micro Business (MB), and Disabled Veteran Business Enterprise (DVBE)
CHAPTER 22 - SERVICE AGREEMENTS/LETTERS OF AGREEMENTS
The DVBE participation goal, minimum of three percent, shall be included in each solicitation unless exempt by statute or waived by the Commissioner or designee (BSS’ certified business advocate). No exceptions.
INFO ONLY
Waver request info is in the outline for Chapter 22
