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6.1.C. - Page 17 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) PAPE' MACHINERY, INC. CMAS NO. 4- 08- 23 -0022A ORDER OF PRECEDENC The CMAS Terms and Conditions shall prevail if there is a conflict between the terms and conditions of the contractor's Federal GSA (or other multiple award contract), packaging, invoices, catalogs, brochures, technical data sheets or other documents (sae CMAS Terms and Conditions, CONFLICT OF TERMS). APPLICABLE CODES, POLICIES AND GUIDELINES All California codes, policies and guidelines are ' applicable. THE USE OF CMAS DOES NOT REDUCE OR RELIEVE STATE AGENCIES OF THEIR RESPONSIBILITY TO MEET STATEWIDE REQUIREMENTS REGARDING CONTRACTING OR THE PROCUREMENT OF GOODS OR SERVICES. Most procurement and contract codes,--policies, and - guidelines are incorporated into CMAS contracts. Notwithstanding this, there is no guarantee that "every" possible requirement that pertains to all the different and unique state processes has been in cluded. Pursuant to Unemployment Insurance Code Section 1088.8, state and local government agencies must report to the Employment Development Department (EDD) all payments for services that equal. 5600 or more to independent sole proprietor contractors. See the contractor's Std. Form 204, Payee Data Record, in the CMAS contract to determine sole proprietorship. All inquiries regarding this subject should be forwarded to EDD: Technical questions: 916/651 -6945 or Information and forms: 916/657 -0529. Annual small business and disabled veteran reports. Post evaluation reports. Public Contract Code 10369 requires state agencies to prepare post evaluations on form STD 4 for all_compieted consulting services contracts of more than $5,000. Copies of negative evaluations must be sent to the DGS Office of Legal Services. The Bureau.of State Audits requires state agencies annually to certify compliance with these requirements. STATEWIDE PROCUREMEN REQUIREMENTS Agencies must carefully review and adhere to all statewide procurement requirements in the Purchasing Authority Manual, such as: • Automated Accounting System requirements of State Administrative Manual (SAM) Section 7260- 62 • Productive Use Requirements of SAM Section • SAM Sections 481.9.41 and 4832 certifications for information technology procurements and compliance with policies. • Services may not be paid for in advance. • Agencies are required to file with the Department of Fair Employment ad Housing (DFEH) a Contract Award Report Std, 16 for each order over $5,000 within 10 days of award, including supplements that exceed $5,000. • Pursuant to Public .Contract Code Section 10359 state agencies are to report all Consulting Services Contract activity for the preceding fiscal year to DGS and the six legislative committees and individuals that are listed on the annual memorandum from DGS. ETHNIC"IRACEGENDER REPO_ RTING REQUIREMENT Effective July 1, 2002, in accordance with Public Contract Code 10116, state agencies are to capture information on ethnicity, race, and gender of business owners (not subcontractors) for all awarded contracts, including CAL -Card transactions. Each department is required to independently report this information to,•the Govemor -and the Legislature on an annual basis. AAnencies are responsible for developing their own guidelines and formms for collecting and reporting this information, Contractor participation is voluntary. PAYMENTS AND INVOICES 1 . Payment Terms Payment terms for this contract are net 45 days. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927 et. seq. Unless expressly exempted by statute, the Act requires state agencies to pay properly submitted, undisputed invoices not more than 45 days after (i) the date of acceptance of goods or performance of services; or (ii) receipt of an undisputed invoice, whichever is later. Ordering Instructions and Special Provisions