California Code of Regulations
Title 2 - Administration
Division 2 - Financial Operations
Chapter 3 - Department of General Services
Subchapter 12 - Personal Services Contracts
Section 1896.370 - Compliance

Universal Citation: 2 CA Code of Regs 1896.370

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

(a) In order to receive any payment under a Qualifying Contract, a contractor shall provide monthly reports to the contracting agency during the term of a Qualifying Contract. These reports shall include:

(1) The number of Covered Employees who received Employee Benefits and/or Cash Payments in the preceding month;

(2) The name of each Covered Employee who received Employee Benefits and/or Cash Payments in the preceding month;

(3) The number of hours each Covered Employee worked on the Qualifying Contract in the preceding month;

(4) The amount paid to each Covered Employee for Employee Benefits and/or Cash Payments in the preceding month; and

(5) The total monthly cost of Employee Benefits and/or Cash Payments in the preceding month, excluding any administrative or indirect costs.

(b) Qualifying Contracts and documents relating to implementing Government Code Section 19134 may be audited by the contracting state agency, the Department of General Services, and/or the Bureau of State Audits.

(c) Government Code Section 19134(e) provides that failure to provide Employee Benefits or Cash Payments to employees constitutes a "material breach" for any contract for personal services covered by that section. A breach can result in immediate contract termination by the state.

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 A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emergency language will be repealed by operation of law on the following day.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; 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 A Certificate of Compliance must be transmitted to OAL by 8-28-2001 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 12-14-2001 or emergency language will be repealed by operation of law on the following day.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; 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), (c)(1), (d), (e) and (f), Government Code.

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