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HomeMy WebLinkAbout32758SCOPE OF WORK A. NAME OF PROGRAM EXHIBIT A (Standard Agreement) Fresno County 17G26110 Page 1 of 4 This program shall be known as "HAYA Polling Place Accessibility Training Program." B. PURPOSE OF AGREEMENT The purpose of this Agreement is to provide the County of Fresno ("County") with federal reimbursement funds ("HAYA funds"), CFDA Number 90.401, administered by the U. S. Elections Administration Commission (EAC) to comply with the requirements of HAYA Section 251(b}(2)(A) for the "improvement of the administration of elections", subject to the provisions of this Agreement and all requirements of state and federal law, regulations and procedures. The provisions of this Agreement are to be interpreted to further this purpose 1. The program representatives during the term of Agreement will be: For County: Brandi L. Orth (559) 600-1730 For State: Kathy Chaney (916) 695-1657 C. USES OF FUNDS 1. General Uses Provided that the County has at least one County employee or agent attend one of the regional training sessions sponsored by the Secretary of State as noted in Exhibit A-1, any funds received pursuant to this program shall be used by County only for one or more of the following purposes, except as otherwise provided below: 1) Reimbursement for travel expenses incurred after December 1, 2017, for staff to attend one of the Secretary of State trainings. 2) Reimbursement for staff salaries and benefits incurred after December 1, 2017, for accessibility surveys of polling places or for training staff to survey polling places. 3) Reimbursement for other expenses as provided below incurred after December 1, 2017, to make polling places, including the path of travel, entrances, exits, and voting areas of each polling facility, accessible to individuals with the full range of disabilities that enhance · , access and participation of individuals with the full range of disabilities in elections for Federal and State office, and to provide the same opportunity for access and participation (including privacy and independence) to individuals with the full range of disabHities as for other voters. For these purposes, items included on the following lists are presumed to be reimbursable, provided that their intended use is consistent with the General Uses set forth above. The county may perform activities identified as approved for reimbursement, or may contract for the performance of the activities. The Secretary of State shall be the sole determiner of whether an expenditure is consistent with the General Uses as set forth above. The Secretary of State will reimburse for the following items or activities, including taxes on purchased goods: 4) Reimbursement for costs associated with the acquisition or deployment of remote accessible vote by mail system, which allows a voter with a disability to receive a blank ballot to mark electronically, print, and then cast by returning the printed ballot to the elections office. 5) Reimbursement for funds expended after December 1, 2017, assessment supplies or equipment and supplies as needed, including any of the items listed below: EXHIBIT A (Standard Agreement) a. Assessing Accessibility 1) Tools to measure slope; 2) Tools to measure width, turning area, etc; 3) Calculators; 4) Survey kits; 5) Clipboards; 6) Tape measures; 7) Polling Place Inspectors/Surveyors; 8) Cameras; 9) Door pressure gauges; 10) Tablets used for conducting surveys 1 . b. Equipment and Activities to Improve Physical Accessibility 1) New accessible voting booths; 2) Retrofitting voting booths; 3) Tools or equipment to modify voting booths; Fresno County 17G26110 Page 2 of 4 4) Retrofitting polling places for public buildings only, which must be a regularly used polling place; 5) Adapter "kits" or other materials to make a voting station accessible; 6) Signage (parking, directional, entrance, etc.); 7) Accessible tables; 8) Chairs (for seated voting); 9) Supports for accessibility signage; 10) Devices/Systems to alert poll workers that a voter is at the curb, door, or otherwise needs assistance; 11) Doorstops; 12) Lighting; 13) Low-vision pens; 14) Magnifying devices; 15) Mats or other materials to make the path of travel accessible; 16) Pen grips; 17) Temporary ramps (if wheel guides are not included, wheel guides may be purchased separately); 18) Temporary handrails; 19) Permanent handrails; 20) Threshold covers or mats; 21) Traffic cones or other materials to make parking temporarily accessible for voting; 22) Wedges; 23) Equipment for CD/DVD duplication; 24) Accessibility web site development costs; 25) Improving accessibility of web site. c. Training Materials and Programs 1) Development, production, translation, and transcription into Braille of manuals, programs, posters, brochures, and other printed materials for training of poll workers or polling place inspectors; 2) Development, production, translation of video/DVD training materials; 1 If the county proposes to use funds for this purpose, pre-approval by the Secretary of State is required. Further, county must adhere to requirements set forth in Exhibit E. EXHIBIT A (Standard Agreement) Fresno County 17G26110 Page 3 of 4 3) Equipment necessary to use videos/DVDs in training of poll workers or polling place inspectors; 4) Stipends to compensate a trainer to train county poll worker trainers on issues specific to accessibility; 5) Poll worker training that is specific to accessibility and in addition to pre-existing training, or a modification/improvement of pre-existing training; 6) Disability or accessibility experts to make presentations at poll worker trainings. d. Educational and Informational Materials 1) Development, production, translation, and transcription into Braille or into audio or CD/DVD format, of printed materials to educate or inform voters concerning polling place and voting accessibility; 2) Public advertising of information on accessibility of polling places and voting; 3) Mailers to disseminate information on services for persons with disabilities; 4) Translation of existing materials related to accessibility into required languages; 5) Reformatting and re-printing materials into "large-type"; 6) Readability analysis to simplify informational or instructional materials; 7) Development of accessibility materials for county web site, or construction of a county web site for the purpose of providing information to the public on accessibility, if one does not already exist or making a current site accessible. Items Presumed to not be reimbursable: The following is a partial list of items presumed to not be reimbursable and not inclusive of all items that are not reimbursable. The list is provided only for the purpose of providing guidance. The Secretary of State shall be the sale determiner of whether or not an expenditure is reimbursable. 1) Administrative costs; 2) Batteries; 3) Blackberries/Smartphones (hand held computers); 4) Braille business cards; 5) Cable TV; 6) Cassette players; 7) Cassette tapes (except those used for voter education); 8) Catering; 9) Computers; 1 O) Other office equipment, including but not limited to fax machines and copiers, unless prior approval has been obtained from the granting agency; 11) Office supplies, including but not limited to paper, pens and post-it notes; 12) Concrete paving for parking lots and spaces; 13) Concrete ramps; 14) DREs /other voting equipment (can be purchased with other HAVA funds); 15) Emergency exit signs; 16) Facility rental; 17) Permanent modifications or improvements to private or non-governmental structures, including, but not limited to private residences and places of worship; 18) Food; 19) Gas ( except travel reimbursements2); 2 Travel reimbursements for: election officials performing accessibility assessments; consultants advising election officials on accessibility issues, poll worker training, or voter education; or trainers conducting poll worker training, voter education, or outreach activities. EXHIBIT A (Standard Agreement) Fresno County 17G26110 Page 4 of 4 20) Gift bags, pins, buttons, shirts or other promotional items for poll workers, voters or County staff; 21) Invitations; 22) Laptops; 23) Tablet computers unless prior approval as a survey tool has been obtained from the granting agency; 23) Light bulbs; 24) Modifications to mobile voter education vehicle, unless that vehicle is used as a polling place; 25) Parking fees (except travel reimbursements for purposes listed in footnote 2) 26) Parking lot improvements; 27) Photographers; 28) Scanners; 29) Staff salaries of County employees not conducting one of the activities allowable; 30) Trailers; 31) Transportation to polling site; 32) Vehicles -purchase, rental, or operating expenses (except rental vehicles used for purposes listed in footnote 2) If you have any questions about this polling place accessibility training grant, please feel free to contact Kathy Chaney at (916) 695-1657 or kchaney@sos.ca.gov. Exhibit A-1 Fresno County 17G26110 Page 1 of 1 Polling Place Accessibility Surveyor Training Schedule Southern Area Training Hosted by: Los Angeles County Location: Election Operations Center, 12680 Corral Pl., Santa Fe Springs, CA 90670 Dates Times Standard January 23, 2018 9:00 am -4:00 pm January 24, 2018 8:00 am -12:00 pm January 24, 2018 1:00 pm -5:00 pm January 25, 2018 8:00 am -12:00 pm January 25, 2018 1:00 pm -5:00 pm February 6, 2018 9:00 am -4:00 pm February 7, 2018 8:00 am -12:00 pm Northern Area Training Hosted by: Secretary of State -First Floor Multipurpose Room Location: Secretary of State, 1500 11 th Street, Sacramento, CA 95814 Dates Times Standard January 10, 2018 9:00 am -4:00 pm January 11, 2018 8:00 am -12:00 pm January 17, 2018 9:00 am -4:00 pm January 18, 2018 8:00 am -12:00 pm January 31, 2018 9:00 am -4:00 pm February 1, 2018 8:00 am -12:00 pm Class Intermediate Class Intermediate If you have any questions about the training program or contract, please feel free to contact Kathyrn (KC) Chaney at (916) 695-1657 or kchaney@sos.ca.gov. EXHIBIT B (Standard Agreement) BUDGET DETAIL AND PAYMENT PROVISIONS 1. Invoicing and Payment Fresno County 17G26110 Page 1 of 3 A. For services satisfactorily rendered, and upon receipt and approval of the invoices submitted with supporting documentation, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement. B. Invoices shall include the Agreement Number and shall be submitted in triplicate not more frequently than monthly in arrears to: Office of Secretary of State Attention: Accounts Payable P.O. Box 944260 Sacramento, CA 94244-2600 2. Budget Contingency Clause A. It is mutually agreed that if the Budget Act, or a HAVA Spending Plan or Spending Plan amendment, of the current year and/or subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. B. If funding for any fiscal year is reduced or deleted by the Budget Act, or by a HAVA Spending Plan or Spending Plan amendment, for purposes of this program, the State shall have the option to either cancel the Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. 3. Federal Funds A. It is mutually understood between the parties that this contract may have been written for the mutual benefit of both parties before ascertaining the availability of congressional appropriation of funds, to avoid program and fiscal delays that would occur if the contract were executed after that determination was made. B. This contract is valid and enforceable only if the United State Government for the fiscal years 2017 /18 and 2018/19 for the purpose of this program makes sufficient funds available to the state. In addition, this contract is subject to any additional restrictions, limitations, or conditions enacted by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this contract in any manner. C. The parties mutually agree that if the Congress does not appropriate sufficient funds for the program, this contract shall be amended to reflect any reduction in funds. D. The department has the option to invalidate the contract under the 30-day cancellation clause or to amend the contract to reflect any reduction in funds. 4. Prompt Payment Clause EXHIBIT B (Standard Agreement) Fresno County 17G26110 Page 2 of 3 Payment will be made in accordance with, and within the time specified in Government Code Chapter 4.5, commencing with Section 927. 5. Maximum Amount of HAVA Funds to be Provided to County Under this Program County shall not receive, pursuant to Agreement, more than $20,000.00. 6. Failure to Properly Claim Maximum Amount of HAVA Funds Notwithstanding any provision of Agreement, County shall be entitled to receive.only those amounts for fully supported and appropriate claims which are properly submitted, pursuant to the provisions of Agreement and all applicable state and federal laws, regulations, and procedures. 7. Basis of Claims Subject to the provisions related to the applicability of 0MB Circular A-87, all claims for HAVA funds under this program must be based on invoices submitted by County. All invoices or agreements that are the subject of any claims must relate directly to expenditures authorized pursuant to Paragraph C ('Uses of Funds') of Exhibit A 'Scope of Work'. 8. Processing of Claims The Secretary of State shall establish the criteria and processes for submitting claims under this program. Such criteria shall include requirements that all claims: (1) Contain a face sheet that summarizes each expenditure made by the categories set forth in Paragraph C of Exhibit A 'Scope of Work'; (2) Include the total amount of the claim; (3) Include the agreement number on the face sheet; (4) Identify whether additional claims are expected to be submitted; (5) Include the hourly charge of any contractor for which a claim is made for their time; (6) Include the hourly wage or monthly salary of any employee for which a claim is made for their salaries; (7) Include signed Contractor HAVA Activity Reports, please see sample which is Exhibit G, for each employee and contractor's employee for whom reimbursement for time is being claimed. (Vendors who receive payment from HAVA funds are required to submit timesheets for any work paid for as time and materials); and (8) Include a copy of the contract with the contractor if the contractor's invoice does not describe the activities undertaken in such a manner that the State can determine whether the activities comply with the provisions of this Agreement. EXHIBIT B (Standard Agreement) 9. Application of 0MB Circular A-87 Fresno County 17G26110 Page 3 of 3 0MB Circular A-87 ("Cost Principles for State, Local and Indian Tribal Governments"), incorporated herein by reference, to the extent applicable, shall govern with respect to all aspects of this program. The provisions of 0MB Circular A-87 may be found at http://www.whitehouse.gov/omb/circulars. 10. Deadline for Processing Claims The Secretary of State shall advise the County of the status of the claim processing within 30 (thirty) days of receipt of the claim. 11. Payments of Claims Payments made by the State with respect to any claim shall be sent directly by the State Controller's office to the County. 12. Deadline for Submitting Claims The deadline for submitting any claim under this program is 60 days after the expiration date of this agreement August 29, 2019. 13. Multiple Claims County can submit multiple claims for HAVA funds authorized above, within the aggregate limit established for County. 14. Documentation to be Submitted Each claim shall include a cover page that identifies the activity or service in Exhibit A and the dollar amount associated with each activity or service for which funds are being sought. Each claim shall also include originals or true copies of all invoices, agreements, or other documentation that support the claim, including all documentation required by 0MB Circular A-87. The provisions of 0MB Circular A-87 may be found at http://www.whitehouse.gov/omb/circulars. 15. Order of Processing Claims shall be processed by the Secretary of State in order of receipt. 16. Work Outside of The Scope of Work Contractors are not permitted to perform work, or be paid for work, outside the documented scope of work. Changes to the scope of work must be approved before work is undertaken, and payment is made for any activities outside of the scope of work GENERAL TERMS AND CONDITIONS EXHIBITC (Standard Agreement) Fresno County 17G26110 Page 1 of 1 PLEASE NOTE: This page will not be included with the final agreement. The General Terms and Conditions will be included in the agreement by reference to Internet site: http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx EXHIBIT D (Standard Agreement) Fresno County 17G26110 Page 1 of 3 SPECIAL TERMS AND CONDITIONS A. AUDITING 1. Receipt of HAVA funds by a county indicates agreement to establish a dedicated HAVA account for these funds. Therefore, any payment received by County pursuant to this program shall be deposited in a separate, segregated account and any payment made by County related to this program shall be paid from that account whether or not the County has paid the vendors for services rendered before submitting invoices to the State. 2. Any recipient of federal funds to meet the Help America Vote Act requirements agrees to be audited pursuant to federal and state law. Accordingly, all documents and electronic files must be produced upon request by the auditors. CFDA Number for this contract is 90.401. The audit may include a review of all books, papers, accounts, documents, or other records of County as they relate to any HAVA funds. County shall also provide access to all employees having knowledge of the HAVA funds program to assist the auditor. County shall provide a copy of any document, paper, or electronic record requested by the auditor; 3. 0MB Circular A-133 ("Audits of States, Local Governments, and Non-Profit Organizations"), and 0MB Circular A-87, incorporated herein by reference, shall govern with respect to all aspects of this program. The provisions of these circulars may be found at http://www.whitehouse.gov/omb/circulars; 4. County shall maintain records in a manner that: a. Accurately reflects fiscal transactions with necessary controls and safeguards; b. Provides complete audit trails, based whenever possible on original documents (purchase orders, receipts, progress payments, invoices, timesheets, cancelled warrants, warrant numbers, etc.); c. Provides accounting data so the costs can readily be determined throughout Agreement period. 5. Records shall be maintained for three years after expiration of Agreement and for at least one year following any audit or final disposition of any disputed audit finding; 6. If the final disposition of any disputed audit finding is determined to be a disallowed cost that the Secretary of State has paid the County, the County shall return to the Secretary of State an amount equal to the disallowance. 7. County shall permit periodic site visits by the Secretary of State or the Secretary of State's designee or designees to determine if any HAVA funds are being used or have been used in compliance with Agreement and all applicable laws; 8. Upon request, county shall report to the Secretary of State at least once every 90 (ninety) days until all funds received have been expended, on the status of HAVA funds received, in a manner determined by the Secretary of State. B. GENERAL PROVISIONS EXHIBIT D (Standard Agreement) Fresno County 17G26110 Page 2 of 3 1. The program is conditioned on State receiving reimbursement from the federal government pursuant to HAVA, for federal fiscal year 2017 and 2018. 2. HAVA funds can only be used for the purposes for which the HAVA funds are made; 3. No portion of any HAVA funds shall be used for partisan political purposes. All contractors providing services are required to sign an agreement, please see Exhibit E Item 1, to abide by the Secretary of States' policy to refrain from engaging in political activities that call into question the impartiality of the Secretary of State's Office. County is to submit agreement signed by each employee of contractor's firm who worked for County pursuant to this Agreement with the County's first invoice. 4. The provisions of the federal Hatch Act shall apply to employees working for state and local entities receiving HAVA funds. The Hatch Act may be reviewed at http://www.osc.gov/documents/hatchact/ha sta.pdf; 5. Any interest earned by County on money received pursuant to this Agreement must be reported in writing to the Secretary of State within 30 days of expiration of this Agreement. All interest must be used by the County for the purposes of implementing activities allowable under this Agreement; 6. Failure by any eligible County to execute a contract within 90 days of the date on which this contract is made available shall constitute an express desire to forego its use of the County's proportionate share of these funds, which may result in reallocation of that County's proportionate share of funds to other counties for the purposes provided under this contract. 7. Funds not claimed by County within 90 days of the end date of this contract, or any funds claimed by a county that are not approved for county use by the Secretary of State within 180 days of the end date of this contract, shall be reallocated to the Counties based on need and may only be used to meet Section 251 of HAVA; 8. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel Agreement with no liability occurring to the State, or offer an Agreement amendment to County to reflect any reduced amount; 9. Agreement is subject to any restrictions, limitations or conditions enacted or promulgated by the United States Government, or any agency thereof, that may affect the provisions, terms or funding of Agreement in any manner; 10. Pursuant to federal policy, Agreement may be terminated by the State with 30-day written notice to County; 11. County warrants by execution of Agreement, that no person or selling agency has been employed or retained to solicit or secure this contract upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by County for the purpose of securing business. For breach or violation of this warranty, the State shall, in addition to other remedies provided by law, have the right to annul this contract without liability, paying only for the value of the work actually performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee; EXHIBIT D (Standard Agreement) Fresno County 17G26110 Page 3 of 3 12. Nothing contained in Agreement or otherwise, shall create any contractual relation between the State and any subcontractor or vendor, and no subcontractor shall relieve County of its responsibilities and obligations hereunder. County agrees to be as fully responsible to State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by County. County's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to County. As a result, State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor or vendor of County; 13. Pursuant to federal law, by signing this agreement or execution of this purchase order the Contractor certifies under the penalty of perjury that the contracting entity is not excluded or ineligible from federal assistance programs and thereby is not on the federal government's list of suspended or debarred entities. Pursuant to federal law, as a component of the procurement process, the Contractor must review the federal government's list of debarred and suspended vendors and ensure no contract award is provided to a vendor on this list. This list may be viewed at www.epls.gov 14. Upon request, county agrees to provide the Secretary of State with a summary report on its activities under this agreement following each election for which funds are expended that includes: the method used to determine the need for funding an eligible activity, including the reliance on an advisory committee or advisory groups, surveys or any other methodology used to assess the need for the eligible activity; the activity performed and funded; the amount of funding expended; the category or categories of need being met; and any performance metric or assessment of the quality of the activity, including unsolicited public comment, advisory committee or advisory group comment, public comment solicited through surveys and on-site assessments conducted by the County, its agents or others. ADDITIONAL PROVISIONS EXHIBIT E (Standard Agreement) 1. Secretary of State Policy Regarding Political Activity in the Workplace Fresno County 17G26110 Page 1 of 2 SECRETARY OF STATE POLICY REGARDING POLITICAL ACTIVITY IN THE WORKPLACE The Secretary of State is the state's chief elections officer. It is, therefore, imperative that staff in the Secretary of State's Office, and those who contract with the Secretary of State's Office, refrain from engaging in any political activity that might call into question the office's impartiality with respect to handling election issues. Accordingly, the policy of the Secretary of State's Office with respect to political activity in the workplace, a copy of which will be given to every employee in the Secretary of State's office and incorporated as an attachment to contracts with the Secretary of State's Office, is as follows: 1. No employee of or contractor with the Secretary of State's Office shall engage in political campaign- related activities on state-compensated or federal-compensated time, except as required by official duties, such as answering inquiries from the public. In those cases where the contractor with the Secretary of State's Office is a county, the term "contractor" shall apply only to county elections office employees, county employees redirected to work temporarily for the county elections office, or any person, firm, company or business that provides reimbursable election-related services to a county elections office in furtherance of a contract. This prohibition shall not apply while an employee is on approved vacation or approved annual leave. This prohibition shall not apply to activities engaged in during the personal time of an employee. 2. No employee of or contractor with the Secretary of State's Office shall use any state property in connection with political campaign activities. It is strictly prohibited to schedule political campaign- related meetings or to conduct political campaign-related meetings in state office space, even if after normal working hours. 3. No employee of or contractor with the Secretary of State's Office shall use his or her official status with the Secretary of State's Office to influence political campaign-related activities or to confer support for or indicate opposition to a candidate or measure at any level of government. 4. No employee of or contractor with the Secretary of State's Office may be involved with political campaign-related telephone calls, letters, meetings or other political campaign-related activities on state-compensated or federal-compensated time. Requests by employees to switch to alternative work schedules, such as 4-10-40 or 9-8-80 work weeks, or to take vacation in order to accommodate political campaign-related activities or to attend political campaign functions, will be judged in the same manner and on the same basis as any other requests of this nature (i.e., existing needs of the office and discretion of the division chiefs). 5. The receipt or delivery of political campaign contributions or photocopies thereof on state property is strictly prohibited, as is the use of office time or state resources (e.g., intra-office mail or fax machines) to solicit or transmit political campaign contributions. 6. No employee of or contractor with the Secretary of State's Office may authorize any person to use his or her affiliation with the Secretary of State's Office in an attempt to suggest that the employee's or contractor's support or opposition to a nomination or an election for office or a ballot measure is of an "official," as distinguished from private, character. 7. No employee of or contractor with the Secretary of State's Office may display political campaign- related buttons, posters, or similar materials in areas visible to individuals who are in public areas of the Secretary of State's Office; nor may an employee of or contractor with the Secretary of State's Office display political campaign-related posters or other materials on windows facing out of the state office building. EXHIBIT E (Standard Agreement) Fresno County 17G26110 Page 2 of 2 8. No employee of or contractor with the Secretary of State's Office may use official authority or influence for the purpose of interfering with or attempting to affect the results of an election or a nomination for any public office. 9. No employee of or contractor with the Secretary of State's Office may directly or indirectly coerce or solicit contributions from subordinates in support of or in opposition to an election or nomination for office or a ballot measure. 10. An employee who is paid either partially or fully with federal funds, including the Help America Vote Act of 2002 (HAVA), is subject to the provisions of the federal Hatch Act, and is, therefore, prohibited from being a candidate for public office in a partisan election, as defined in the federal Hatch Act. However, any employee who is to be paid either partially or fully with funds pursuant to HAVA, shall first be consulted about the proposed funding and be informed about the prohibitions of the federal Hatch Act. The employee, whenever possible, shall be given the opportunity to engage in employment that does not involve HAVA funding. 11. Provisions limiting participation in political campaign-related activities as provided for in this policy statement shall be included in every contract with the Secretary of State's Office. 2. Tablet Criteria 1. The software and device must be capable of accurately recording all data necessary to assess polling place accessibility (i.e., all portions of the statewide guidelines and checklist used for surveying for polling place accessibility). 2. The software and device must be capable of transferring all data collected during polling place surveys to a medium where results can be aggregated for purposes of comparing potential polling places, and for purposes of analyzing data at the site level and countywide. 3. The devices used for housing software to capture data must be used only for the purposes of assessing polling place accessibility with exclusive use safeguarded by appropriate inventory policies and controls. 4. Polling place specific (site-level) survey results and aggregate survey results must be publicly available upon request. 5. A report on the program must be produced prior to reimbursement approval that provides certain information, including: 1. A description of the program. 2. Cost of the program, including staff training costs and any costs for data storage (e.g., EMS modification) 3. Amount of vendor support needed for the program's launch and the amount of ongoing support, if any 4. Increased productivity of the program, if any, measured by staff time, ease of data recall and analysis, and other relevant factors 5. Amount of additional ongoing support, if any, necessary to sustain the program (e.g., software licensing costs; upgrade costs; continued vendor support; device maintenance, etc.) If you have questions concerning these restrictions, please refer them to the Secretary of State Office contact person listed on the contract in Exhibit A. Exhibit G STATE OF CALIFORNIA • SECRETARY OF STATE CONTRACTOR HAVA ACTIVITY REPORT NAME COMPANY NAME Contract Number: Location (Sacto/SF/LA/SD) HAVA ACTIVITY HOURS 31 10 I 11 I 12 I 13 I 14 11 I 18 I 19 I 20 I 21 24(25(26(27(28 10 11 12 13 14 15 16 17 18 19 20 21 22 23 •24 SIGNATURE OFCONTRACTOR DATE 31 MonthNear HAVA Coordinator's Approval PROGRAM TIME REPORTING DELIVERABLE NAME (Taken from proposal and contract Fresno County 17G26110 Page 1 of 1 SECRETARY OF STATE ORG MONTHLY TOTAL HOURS 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 CCC 04/2017 CERTIFICATION I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. Thi s certification is made under the laws of the State of California. Contractor/Bidder Firm Name (Printed) Co unty of Fresno ·.-...,g,,-e and Title of P er son Signing Federal ID Number 94-6000512 Sa l Quintero, Ch a irman of th e Board of Superviso r s of th e Co unty of Fresno IDate Executed 1 -c)._~ -\? I Executed in th e Co unty of Fresno CONTRACTOR CERTIFICATION CLAUSES I. ST A TEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code§ 12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.) 2. DRUG-FREE WORKPLA CE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, di stribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any ava ilabl e counseling, rehabilitation and employee assistance program s; and , 4) penalties that may be imposed upon employees for drug abuse violations . c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug-free workplace polic y statement ; and, 2) agree to abide by the terms of the co mpan y's statement as a condition of employment on th e Agreement. Failure to comply with these requirements may result in su spension of payments unde r the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of th e following has occurred: th e Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE-PRO BONO REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003. Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State. Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services. 5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. 6. SWEATFREE CODE OF CONDUCT: a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the contractor's records, documents, agents or employees, or premises ifreasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (a). 7. DOMESTIC PARTNERS: For contracts of$100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3. 8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35. DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (Pub. Contract Code § 10410): 1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (Pub. Contract Code §10411): 1 ). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code § 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e)) . ' . 2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3 700) 3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt oflegal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORA TE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.