Bill Text: CA AB756 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public contracts: information: Internet Web site.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB756 Detail]

Download: California-2009-AB756-Amended.html

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BILL NUMBER: AB 756	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  MARCH 31, 2009

INTRODUCED BY   Assembly Members Eng and Lieu

                        FEBRUARY 26, 2009

   An act to add Section 10111.5 to the Public Contract Code,
relating to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 756, as amended, Eng. Public contracts: reports.
   Existing law governing contracting between state agencies and
private contractors sets forth requirements for the procurement of
supplies, materials, equipment, and services by state agencies and
sets forth the various responsibilities of the Department of General
Services and other state agencies in overseeing and implementing
state contracting procedures and policies.
   This bill would require state agencies to prepare an annual
report, available on each agency's Internet Web site, regarding
personal services and consulting services contracts, as defined,
entered into by the agency and to electronically transmit that report
to the Department of Finance and to the Legislature, as provided.
   This bill would require contractors to electronically provide
specified information to assist the state agency in the preparation
of its annual report of personal services and consulting services
contracts. This bill would make contractors who fail to provide this
information ineligible for any  future  
additional  personal services or consulting services contracts
 ,  and would cease payment for any ongoing contracts  ,
 until the information is provided.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 10111.5 is added to the Public Contract Code,
to read:
   10111.5.  (a) Each state agency shall annually prepare a report
that includes a list of the personal services and consulting services
contracts that it entered into during the previous fiscal year. The
report shall be available on each agency's Internet Web site. The
report shall be organized to ensure transparency. The listing shall
include, but is not limited to, the following information:
   (1) The name and identification number of each contractor.
   (2) The statutory basis for the authorization of each contract,
including, if relevant, any applicable condition permitting personal
services contracts provided by Section 19130 of the Government Code.
   (3) The duration of each contract.
   (4) The number of amendments to each contract and the number of
renewals of each contract, where applicable.
   (5) The total amount of the contract price over the duration of
the contract, including all known amendments to the contract, the
total amount paid by the state agency during the most recently
completed fiscal year, and the number, cost, bill rate, and staffing
levels associated with each type of contract employee retained during
the most recently completed fiscal year. Staffing levels shall also
be described or accounted for in personnel years or full-time
equivalent terms.
   (6) Costs and relevant staffing information shall be organized and
reported using the following contract categories:
   (A) Architectural, engineering, and environmental services and
consulting services.
   (B) Information technology personal services and consulting
services.
   (C) Other personal services and consulting services contracts as
follows:
   (i) Professional, administrative, financial, and staff services
and consulting contracts.
   (ii) Legal services and consulting contracts.
   (iii) Education and information science services and consulting
contracts.
   (iv) Clerical and office services and consulting contracts.
   (v) Security services and consulting contracts.
   (vi) Scientific and technical services and consulting contracts.
   (vii) Facility, equipment, and landscape maintenance services and
consulting contracts.
   (viii) Printing and publishing services and consulting contracts.
   (ix) Property and food services, including janitorial services,
and consulting contracts.
   (x) Medical and health services and consulting contracts.
   (xi) Psychiatric, psychological, and social welfare services and
consulting contracts.
   (xii) Miscellaneous.
   (b) For purposes of this section, the following definitions apply:

   (1) "Consulting services contracts" has the same meaning as
defined in Section 10335.5.
   (2) "Personal services contracts" means any contract, requisition,
or purchase order, excluding public works contracts, under which
labor or personal services is a significant, separately identifiable
element.
   (c) (1) To facilitate state agency reporting, contractors shall
electronically provide all of the staffing and cost information
specified in paragraph (5) of subdivision (a) to the agencies at the
end of each fiscal year for each and every personal services and
consulting services contract operative during that fiscal year.

   (2) Failure to report the staffing and cost information specified
in paragraph (5) of subdivision (a) in a useful and usable manner
shall be deemed a material breach of contract. Contractors who fail
to provide the information shall be ineligible for any future
personal services and consulting services contracts and payments for
any ongoing contracts shall cease until the requested information is
provided.  
   (2) Contractors who fail to provide the required information shall
be subject to both of the following until the information is
provided:  
   (A) Payments for any ongoing contracts shall cease.  
   (B) The contractor shall be ineligible for any additional personal
services or consulting services contracts. 
   (d) A copy of the annual report shall be sent electronically
within 60 working days after the end of the previous fiscal year to
the Department of Finance and the Legislature.
   (e) This section shall not apply to information resulting from
contracts for confidential expert consulting services that
constitutes an attorney work product or is protected by the
attorney-client privilege.
   (f) The report shall be made available to the public in an
electronic format similar to that used by the agency in its Wages and
Salaries Supplement report.