HomeMy WebLinkAboutAgreement A-21-304 with California Department of General Services.pdfEXHIBIT A
SCOPE OF WORK
1.Upon request of _________________________________________________
(hereinafter referred to as “Local Agency”), the Office of Administrative Hearings (OAH)
agrees to furnish the services of Administrative Law Judges (ALJs) and case
management staff to the Local Agency, for the purpose of managing cases and
conducting hearings under Government Code section 27727 when required personnel
are available by OAH. The assignment of ALJs for hearings will be at the discretion of
the Director and/or Presiding Administrative Law Judges, who may elect to hear the
matter themselves.
2. Project Representatives
The project representatives during the term of this agreement will be:
Office of Administrative Hearings
Susan L. Formaker, Division Chief Presiding Administrative Law Judge
Phone: 213-576-7200
Email: Susan.Formaker@dgs.ca.gov
Local Agency:
Name:
Title:
Phone:
Email:
Direct all inquiries regarding this agreement to:
Office of Administrative Hearings
Tim Dean, Contract Analyst
2349 Gateway Oaks Dr. Suite 200
Sacramento, CA 95833
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Phone: 916-263-0791
Email: tim.dean@dgs.ca.gov
Local Agency:
Attention:
Address:
Phone:
Email:
All invoices and billing shall be to directed to:
Local Agency:
Attention:
Address:
Phone:
Email:
The Project Representative and Agreement and Billing Representative may be changed
through written confirmation to the other party. This change shall not require an amendment
to this agreement. It may take up to two billing cycles for a change to the Local Agency
Billing Contact to be in effect.
3.Services to be Performed:
a. The Local Agency shall provide OAH a written request to set a matter for hearing
or mediation with all pleadings, documents, papers, or other materials that have
been provided to the other party. The Local Agency agrees to provide OAH
copies of all applicable laws and ordinances governing the hearing at the time
the request for hearing or mediation is made. The Local Agency agrees that
OAH will not be able to schedule a hearing or mediation until these materials are
provided. The Local Agency shall indicate in the request to set a matter for
hearing if OAH is to issue a proposed or final decision in the matter. If a
proposed decision is required, Local Agency shall provide the name and contact
information for the decision-maker who is responsible for making the final
decision.
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b.The Local Agency shall electronically file the request to set a matter for hearing
and all other required pleadings and papers with OAH using the secure electronic
filing system offered by OAH or otherwise in accordance with OAH requirements.
c.The Local Agency shall inform OAH if the hearing is to be electronically recorded
or if a court reporter is required. If a court reporter is required, the Local Agency
shall indicate at the time the request a hearing if they will be providing a court
reporter or if OAH should provide one. Unless the Local Agency or OAH
determines a court reporter is required by statute, ordinance, or regulation, the
hearing will be electronically recorded by OAH.
d.OAH shall perform all case management and hearing services that OAH, in its
sole discretion, deems necessary to the proper handling and adjudication of the
case.
e.The Local Agency agrees to inform OAH 30 days prior to the hearing if any
accommodations or interpreters are required. Local Agency shall be responsible
for the costs of accommodations or interpreters. If OAH incurs costs for
providing reasonable accommodations, interpreter or translation services for any
matter under this agreement, those costs shall be borne by the Local Agency.
f.Record Retention: OAH shall retain all records in accordance with its current
record retention schedule. If the Local Agency requests OAH to issue a
proposed decision, the exhibits will be returned to the Local Agency Project
Representative along with the proposed decision at the conclusion of the matter,
and the Local Agency shall be deemed the custodian of the administrative
record.
4.Service Location: The services shall be performed at a location convenient for OAH and
all parties. The Local Agency shall file a request for mediation or hearing directly with
the local OAH office which is handling the matter.
5.Record of the Proceeding:
a.If a Court Reporter is not used, OAH shall be responsible for electronic recording
of all hearings, and shall impose a recording fee not to exceed the amount set by
the Department of General Services through the Price Book. The current Price
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Book is located at: https://www.dgs.ca.gov/OFS/Price-Book. The electronic
recording fee shall only be imposed following the actual recording of a
proceeding and shall not be included as part of the filing fee.
b.If OAH provides a Court Reporter, the Local Agency is responsible for all costs
associated with the Court Reporter, in accordance with the current contract rates.
Current contract rates, including Court Reporter and transcription costs, can be
found at: https://www.dgs.ca.gov/OAH/Case-Types/General-
Jurisdiction/Resources/Page-Content/General-Jurisdiction-Resources-List-
Folder/Find-Contract-Information-to-Obtain-OAH-Court-Reporter-Services.
c.OAH shall arrange for transcription of hearing recordings upon the request of any
party to the proceeding or the Local Agency Project Representative and upon
receipt of payment for transcription costs. OAH may use a vendor for
transcription services.
d.OAH will charge a requesting party the actual cost of preparing the administrative
record. If the requesting party has been declared in forma pauperis, or has
received a waiver of court fees from a court of competent jurisdiction in a case
arising out of the OAH matter, and is seeking judicial review of the case before
OAH, the Local Agency shall pay the full costs for preparing the administrative
record and/or transcript. OAH will notify the Local Agency of the associated
costs prior to preparing such records.
e.OAH will not include within its administrative record any records or hearing
exhibits the custody of which has been transferred to the Local Agency. OAH
may prepare a clerk’s record upon request and payment of associated fees in
these circumstances.
6. Rates
a.In consideration of the performance of such services by OAH, the Local Agency
agrees to pay to OAH the full cost of rendering such services at the rate
established at the time the services are rendered. The Local Agency is
responsible for the filing fee for each case filed, ALJ (including Presiding
Administrative Law Judge, and Division Presiding Administrative Law Judge)
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time billed at an hourly rate, an electronic recording fee if the proceedings are
electronically recorded, the cost of all accommodation or interpreter services
requested, and the full cost of any preparation of the clerk’s record or transcript
at the current contract rates.
b.In the event a calendared case is taken off-calendar, or needs to be re-
calendared, other than by OAH, and OAH is unable to schedule the ALJ for work
on another case, the Local Agency agrees to pay OAH for the original hearing
time or until the ALJ is assigned to another case, whichever occurs first. Every
effort will be made to promptly reassign the scheduled ALJ in the event a
calendared matter is cancelled, taken off-calendar, settled, re-calendared or
continued.
c.The costs of OAH’s services include filing fees, ALJ hourly rates, any reasonable
costs related to any requested accommodations, and translator/interpreter fees
as required. All costs associated with providing a record of the hearing
(reporter/transcription, etc.) shall be billed directly to the requesting party or the
Local Agency in accordance with Section 5 above. ALJ hourly rates and filing
fees charged by OAH will be the rates set forth in the Department of General
Services’ Price Book at the time the services are rendered. Rates for court
reporters will be the current contract rates at the time the services are rendered,
which vary by geographical location. Fees for translator/interpreters and
transcription services will be based on current contract rates at the time the
services are rendered. All rates are subject to change annually. The current
contract rates for these services can be found on OAH’s website.
d.The Local Agency agrees to be responsible for the full costs of any service
provided by OAH on a Local Agency case, regardless of any agreement the
Local Agency may have with a third party or any other cost-sharing provision.
7.The contract is effective upon approval and execution of all signatures to this contract.
The term of this contract is five years from the effective date of the contract. This
contract may only be amended for term and amount upon mutual agreement of the
parties.
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EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1.The Office of Administrative Hearings is a reimbursable entity as detailed in Government
Code section 11370.4. Notwithstanding any other provision of law, the total cost of
services provided by the OAH shall be collected from the Local Agency entering into this
agreement.
2.Parties shall keep apprised of the balance of this agreement at all times. Local Agency
agrees to notify OAH when the expended amount is close to exhausting the funds in this
agreement.
3.For services rendered in accordance with the Scope of Work, the Local Agency shall
compensate the OAH for the full cost of services and actual expenditures incurred in
accordance with the rates specified herein. Compensation for services rendered by
OAH pursuant to this agreement shall not be dependent on the decision rendered by
the ALJ in a hearing involving the Local Agency. OAH charges shall include the
following: filing fees, electronic recording fees, Administrative Law Judge hourly charges,
and translator/interpreter fees as required. Additionally, all costs associated with
providing a record of the hearing (reporter/transcription, etc.) shall be billed directly to
the Local Agency.
4.Invoices shall be paid promptly and delays in payment may result in OAH’s
discontinuation of services.
5.ALJ hourly rates and filing fees charged by OAH will be the rates set forth in the
Department of General Services’ Price Book at the time the services are rendered.
Rates for court reporters will be the current contract rates at the time the services are
rendered, which vary by geographical location. Fees for translator/interpreters and
transcription services will be based on current contract rates at the time the services are
rendered. All rates are subject to change annually. Any training required of the ALJs by
the Local Agency to conduct these hearings will be paid out of the contract funds by the
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Local Agency at the prevailing ALJ hourly rate. The Price Book is available at
http://www.dgs.ca.gov/ofs/Pricebook.aspx
6.OAH shall be paid not more frequently than monthly, in arrears, upon issuance of an
invoice by the Department of General Services which details charges, expenses, direct
and indirect costs.
7.Payment may be completed through direct transfer, in accordance with Service
Revolving Fund Directive, SRF #1025, attached hereto as Exhibit D. For questions
about establishing a wire transfer process with OAH/DGS, the Local Agency shall
contact DGS at SRFFISCALSERVICES@dgs.ca.gov or the OAH Project
Representative.
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EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties.
2. AMENDMENT: Except as noted in Exhibit A, Paragraph 2, no amendment or variation of the
terms of this Agreement shall be valid, unless made in writing, signed by the parties and
approved as required. No oral understanding or Agreement not incorporated in the Agreement
is binding on any of the parties.
3.CANCELLATION/TERMINATION:
A.This agreement may be cancelled or terminated without cause by either party by giving 30
calendar days advance written notice to the other party. Such notification shall state the
effective date of termination or cancellation and include any final performance and/or
payment/invoicing instructions/requirements.
B. Upon receipt of a notice of termination or cancellation from the Local Agency, OAH shall
take immediate steps to stop performance and to cancel or reduce subsequent contract
costs.
C. OAH shall be entitled to payment for all allowable costs authorized under this agreement,
including authorized non-cancelable obligations incurred up to the date of termination or
cancellation, provided such expenses do not exceed the stated maximum amounts payable.
4. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with
the laws of the State of California.
5. SETTLEMENT OF DISPUTES: In the event of a dispute, the Local Agency shall file a
"Notice of Dispute" with the Director of OAH within 10 days of discovery of the problem. Within
10 days, the Director of OAH may meet with the Local Agency for purposes of resolving the
dispute. The Director of OAH shall make the final administrative decision regarding a dispute.
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EXHIBIT D
Service Revolving Fund (SRF) Directive – Payment By Wire Transfer Form
SERVICE REVOLVING FUND (SRF) DIRECTIVE
Number:
SRF # 1025
Subject:
PAYMENT BY WIRE TRANSFER
Date Issued:
REV 10/2018
References:
SAM Section 8091
PURPOSE
To outline the process for a private company to set up wire transfer documents with their
banking institution in making payments to the State of California, Department of General
Services (DGS).
PROCEDURES
The following instructions are for the private company and their banking institution, the DGS
Office contact person, and the DGS SRF Receivables Analyst in requesting and processing wire
transfers:
A.APPROVAL REQUESTED TO TRANSFER FUNDS INTO DGS ACCOUNT
Either the private company or the DGS Office is to contact SRF Receivable Analyst by E-mail at
SRFFISCALSERVICES@dgs.ca.gov to obtain approval to wire transfer funds into the DGS
Account. The following information is needed along with any pertinent data that would help
identify the nature of the payment:
1.Company Name
2.Company Representative (name, phone, e-mail and fax number)
3.DGS Office contact person name
4.Escrow Account Number
5.Reason for payment
6. Amount
If you have any questions regarding the wire transfer process, please contact SRF Receivables
Analyst by E-mailing to SRFFISCALSERVICES@dgs.ca.gov or by phone at 916-376-5182.
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B.WIRE TRANSFER PROCESS
1)PRIVATE COMPANY & BANKING INSTITUTION
Provide your banking institution with the following information to set up wire transfer
payments to DGS (banking customer is responsible for the payment of any processing
fee):
ABA Routing Number: 026009593
Account Number: 14360-80784
Department of General Services
OFS - SRF Fiscal Services
707 Third Street, 10th Floor
West Sacramento, CA 95605
2)DGS OFFICE CONTACT PERSON
Provide DGS OFS 2028 Report of Check/Cash Collection to the SRF Receivable
Analyst as soon as you know that a wire transfer payment is in process. This will ensure
the money is recorded properly in the Financial Information System for California
(FI$Cal) Accounts Receivable Module.
3)DGS SRF RECEIVABLES ANLYST
Once the wire transfer has been made, SRF Receivable Analyst will run the State
Treasury Bank of America Report and apply the transfer using the Report of Check/Cash
Collection or the E-mail from the private company or the DGS Office to record the
transfer of funds in FI$Cal.
Agreement between the County of Fresno and the Department of
general Services / Office of Administrative Hearings
Name/No.: State Dept of General Services / Office of Administrative Hearings
Fund/Subclass: 0001/10000
Organization #: 56201695
Revenue Account #: 3503