California Code of Regulations
Title 2 - Administration
Division 2 - Financial Operations
Chapter 3 - Department of General Services
Subchapter 12 - Personal Services Contracts
Section 1896.360 - Requirements for Qualifying Contracts

Universal Citation: 2 CA Code of Regs 1896.360

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Qualifying Contracts shall contain:

(1) A provision mentioning Government Code Section 19134 and the applicable Employee Benefit rate(s) (blended or detailed);

(2) A provision allowing for adjusting Employee Benefits and/or Cash Payment amounts in the event of a change to the Schedule of Employee Benefit Rates published by the Department of Personnel Administration during the term of the contract. Any published rate changes that occur during the term of the contract shall be given effect by contract amendment, with an effective date retroactive to the date rate changes were published by the Department of Personnel Administration;

(3) A provision that the contractor must submit to the contracting agency monthly reports that comply with Section 1896.370(a);

(4) A provision that the contract is subject to audit for compliance with the provisions of Government Code Section 19134; and

(5) A provision stating that that failure to comply with the provisions of Government Code Section 19134 constitutes a material breach, which could subject the contract to immediate termination by the state.

(b) Before execution of the contract, employers choosing to offer Employee Benefits shall provide evidence of coverage to the contracting agency.

1. New section filed 12-29-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 52). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-30-2001 as an emergency, including renumbering of former section 1896.360 to section 1896.350 and renumbering and amendment of former section 1896.350 to section 1896.360; operative 4-30-2001 (Register 2001, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-28-2001 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-16-2001 as an emergency; operative 8-16-2001 (Register 2001, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-14-2001 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 12-12-2001 as an emergency, including renumbering of former section 1896.360 to section 1896.350 and renumbering and amendment of former section 1896.350 to section 1896.360; operative 12-15-2001 (Register 2001, No. 50). A Certificate of Compliance must be transmitted to OAL by 4-15-2002 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-12-2001 order, including amendment of section, transmitted to OAL 4-15-2002 and filed 5-28-2002 (Register 2002, No. 22).

Note: Authority cited: Section 19134(f), Government Code. Reference: Section 19134(a), (c)(1), (d), (e) and (f), Government Code.

Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.