BILL NUMBER: AB 756 AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 31, 2009 INTRODUCED BY AssemblyMemberEngMembers 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.The State Contract Act governsExisting law governing contracting between state agencies and private contractors, andsets forth requirements for the procurement of supplies, materials, equipment, and services by state agencies. Existing lawand setsoutforth 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 Financefor submission toand 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 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. (d) Awrittencopy of the annual report shall be sent electronically within 60 working days after the end of the previous fiscal year to theDepartment of Finance. The Department of Finance shall forward the reports to the Legislature as part of the budget submission and approval process.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 inaan electronic format similar to that used by the agency in its Wages and Salaries Supplement report.