HomeMy WebLinkAboutAgreement A-16-188 with the Superior Court of California County of Fresno.pdf Agreement No. 16-188
1 AGREEMENT BETWEEN THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
2 AND THE COUNTY OF FRESNO FOR REPRESENTATION
3 IN JUVENILE DEPENDENCY MATTERS
4
5 THIS AGREEMENT is made and entered into this 10th of May 2016, by and between
6 the SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO, hereinafter referred to as
7 "COURT", and the COUNTY OF FRESNO, a political subdivision of the State of California,
8 hereinafter referred to as "COUNTY".
9
10 RECITALS
11 Whereas Government Code section 77003 authorizes the COURT to pay a reasonable
12 sum for compensation of court-appointed legal counsel in juvenile dependency proceedings;
13 and
14 Whereas, the COURT is in need of legal counsel to provide representation in juvenile
15 dependency proceedings where the COURT finds that a parent desires but is unable to afford
16 legal counsel; and
17 Whereas, COUNTY's Public Defender has the experience and expertise necessary to
18 represent indigent parents in juvenile dependency proceedings.
19 NOW,THEREFORE, in respect of the mutual promises contained herein, the parties
20 hereto agree as follows:
21 '[. SCOPE OF SERVICES
22 COUNTY agrees to provide competent and adequate legal representation of indigent
23 parents in juvenile dependency proceedings where appointed to do so by a COURT judge.
24 The services to be rendered by COUNTY under this Agreement shall be by and through
25 COUNTY's Public Defender and shall consist of complete legal representation in juvenile
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Agreement Between County of Fresno and Superior Court of California,County of Fresno,for Representation
in Juvenile Dependency Matters 2016-2017
I dependency matters. Such complete legal representation shall include, but is not limited to,
2 adherence to the following performance standards:
3 . Establishing and maintaining an attorney-client relationship;
4 . Conducting thorough, continuing, and independent investigations and interviews at
5 every stage of the proceedings;
6 . Determining the client's interests and desires and advocating for those interests and
7 desires;
8 . Contacting social workers and other professionals associated with client's case prior
9 to each hearing, as practical and appropriate;
to . Filing pleadings, motions, responses or objections as necessary to represent the
I client; and
12 . Preparing for and participating in all hearings.
13 Public Defender staff assigned to perform any services under this Agreement shall have
14 the skills, training and background reasonably commensurate with his or her responsibilities, so
15 as to be able to perform such services in a competent and reasonable manner.
16 Public Defender shall staff juvenile dependency courtroom(s) appropriately to ensure an
17 adequate number of attorneys are availability at all times.
is Public Defender shall ensure that conflicts of interest are declared only when an actual
19 conflict exists. Public Defender shall: establish procedures to check for conflicts of interest,
20 decline appointment of new clients who present a conflict of interest with their present client,
21 advise the COURT when such conflicts arise, and seek to be relieved of appointment in such
22 cases. When declaring a conflict of interest, the Public Defender must submit a signed written
23 declaration to the COURT, entitled "Declaration of Conflict", to establish a clear record of the
24 conflict, the appointment of conflict counsel, the relief of appointment of the Public Defender,
25 and the appointment of substitute counsel. A sample of the "Declaration of Conflict" is attached
26 hereto as Exhibit "A".
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Agreement Between County of Fresno and Superior Court of California,County of Fresno,for Representation
in Juvenile Dependency Matters 2016-2017
I Public Defender shall provide the following reports:
2 1. Statistical information on a monthly basis to the COURT including:
3 a. For juvenile dependency cases where the Public Defender is newly
4 appointed:
5 i. Case number
6 ii. Party represented
7 iii. For sibling groups, number of children represented
8 iv. Appointment date
9 v. Initial hearing date
10 vi. Name of attorney appointed
I I b. For juvenile dependency cases where the Public Defender's representation
12 is terminated:
13 i. Case number
14 ii. Date of termination of representation
15 iii. Reason for termination of representation
16 2. Public Defender shall provide detailed statistical workload data to the
17 Administrative Office of the Courts for a three-month period each year. Data
18 will be provided by the Public Defender in the manner prescribed by the
19 Administrative Office of the Courts.
20 The COURT shall compensate COUNTY for services rendered as provided by Section 3
21 "COMPENSATION", of this Agreement.
22 2. TERM
23 This Agreement shall become effective on July 1, 2016 and shall expire on June 30,
24 2017. This Agreement may be renewed by mutual written agreement of the parties for up to
25 two consecutive one-year terms. The provisions of this Agreement and services to be provided
26 hereunder are contingent upon approval and availability of funds to the COURT. Should
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Agreement Between County of Fresno and Superior Court of California,County of Fresno,for Representation
in Juvenile Dependency Matters 2016-2017
I sufficient funds be withdrawn, reduced, or limited in any way, the services or allocation set out
'_ in this Agreement may be modified, or this Agreement may be terminated, by giving a minimum
of sixty (60) days written notice to COUNTY.
4 3. COMPENSATION
COUNTY presented a budget to the COURT on May 22, 2016 for the services to be
6 performed by COUNTY under this Agreement. This budget has been approved by the COURT
7 and is attached hereto as Exhibit "B." Compensation in full for services to be performed by
8 COUNTY from July 1, 2016 through June 30, 2017 (including supplies and overhead) shall not
q exceed nine hundred and ninety thousand, eight hundred and forty-four dollars ($990,844.00).
10 This maximum allotment for the period from July 1, 2016 through June 30, 2017 shall not be
I I exceeded without prior written approval of the parties.
12 COURT shall compensate COUNTY for services provided by Public Defender staff at
13 the hourly rates identified on the first page of Exhibit "B." COURT shall compensate COUNTY
14 for supplies and overhead, identified on the second page of Exhibit "B," based upon the actual
I� cost of such supplies and overhead to COUNTY.
16 COUNTY and COURT recognize that the transition from a two courtroom structure to a
17 three courtroom structure in 2016 may at some point necessitate an increase in
18 services/staffing provided by COUNTY under this Agreement. COUNTY and COURT shall
19 meet and confer regarding reevaluation of staffing and any needed changes to this Agreement
20 which agreed upon changes shall be accomplished solely by written amendment in accordance
21 with Section 18 hereinbelow.
'- 4. Method of Payment
Payments under this Agreement shall be made by the COURT to COUNTY in arrears.
24 The Public Defender shall submit monthly invoices for services performed along with
25 supporting documentation to the COURT's Fiscal Department. The invoices and supporting
26 documentation submitted to the COURT shall contain the level of detail sufficient for the
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Agreement Between County of Fresno and Superior Court of California,County of Fresno,for Representation
in Juvenile Dependency Matters 2016-2017
I COURT to determine that the costs being charged are for allowable services under this
2 Agreement. The COURT will pay invoices within thirty (30) days of receipt of the invoice and
supporting documentation. In the event that any invoice lacks the level of detail sufficient for
4 the COURT to ascertain that the costs being charged are for allowable services, the COURT
5 will request clarification and, if necessary, supplemental documentation or invoicing. This
6 could delay payment beyond the thirty (30) days. The COURT will continue its practice of
7 requesting an estimated final billing at the end of the Agreement term so the COURT may
s complete the accruals for the end of the fiscal year-
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10 5. ASSIGNMENT
I I Services to be performed by COUNTY are personal in nature and neither this
12 Agreement nor any duties or obligations hereunder may be assigned or delegated by
I COUNTY, including delegation to one or more subcontractors, unless such assignment or
14 delegation is first approved by the COURT by written instrument executed and approved in the
15 same manner as this Agreement. All terms, provisions and conditions of this Agreement shall
16 be binding upon and inure to the benefit of the parties and their respective successors,
17 permitted assigns and legal representatives. Any assignment or delegation in violation hereof
18 shall be null and void.
19 6. INDEPENDENT CONTRACTOR
20 It is understood and agreed that performance of services to be provided under this
21 Agreement by COUNTY will be as an independent contractor in an individual capacity and not
22 as an officer, agent or employee of the COURT. COUNTY shall have no right to or claim to
23 any employment rights and benefits available to Court employees. Nothing in this Agreement
24 shall be construed as creating an employment or agency relationship between the COURT and
25 COUNTY. COUNTY is solely responsible for ail matters relating to payment of COUNTY's
26 employees, including but not limited to compliance with Medicare, social security, compliance
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Agreement Between County of Fresno and Superior Court of California,County of Fresno,for Representation
in Juvenile Dependency Matters 2016-2017
I with applicable taxation, licensing, worker's compensation and all other regulatory
2 requirements pertaining to work performed by County under this agreement. Neither party to
3 this Agreement has any right to incur any liability in the name of, or on behalf of, the other.
4 7. SUBCONTRACTING
s COUNTY shall not subcontract this Agreement or services provided under this
6 Agreement unless the COURT first agrees to the subcontracting in writing. Any authorized
7 subcontract(s) shall be executed in the same manner as this Agreement. No party to this
8 Agreement shall in any way contract on behalf of or in the name of another party to this
9 Agreement.
10 8. INDEMNIFICATION
I I COUNTY shall indemnify and hold harmless the COURT and its officers, agents, and
12 employees from any and all claims and losses accruing to or resulting from any and all other
13 contractors, subcontractors, suppliers, and laborers, and any other person, firm, or corporation
14 furnishing or supplying work, services, materials, or supplies in connection with the
is performance of this Agreement and from any and all claims and losses accruing to or resulting
16 from any person, firm, or corporation that may be injured or damaged by the COUNTY in the
17 performance of this Agreement.
18 To the extent permitted by law, the COURT shall defend, indemnify, and hold harmless
19 the COUNTY, its agents, officers and employees from and against all claims, damages, losses,
20 judgments, liabilities, expenses, and other costs including litigation costs and attorney's fees
21 arising out of or resulting from any negligent or wrongful act or omission of the COURT, its
22 officers, or employees.
23 9. INSURANCE
24 COUNTY shall maintain insurance coverage that is appropriate to their business
25 operations and the nature of the work, goods or services provided under this Agreement.
26 Insurance shall include:
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Agreement Between County of Fresno and Superior Court of California,County of Fresno,for Representation
in Juvenile Dependency Matters 2016-2017
I a. Workers Compensation and Employer's Liability.
2 b. Commercial General Liability including property damage and bodily injury.
c. Automobile Liability — Owned, non-owned, and hired vehicles, including bodily injury
4 and property damage.
d. Professional liability-
6 10. AUDIT AND RETENTION OF RECORDS
7 COUNTY shall permit authorized representatives of the COURT at any reasonable time
8 to inspect, copy, or audit any and all records and documentation related to the performance of
9 this Agreement, including records related to billing and other financial records. COUNTY shall
10 allow the auditor(s) access to such records during normal business hours and shall allow the
11 auditor(s) to interview any COUNTY employees or others who might reasonably have
12 information related to such records. COUNTY shall maintain all records and documentation
13 related to the performance of this Agreement, including records related to billing and other
14 financial records, in an accessible location and condition for a period of not less than 4 years
15 after final payment is received pursuant to this Agreement or until after final audit has been
16 resolved, whichever is later. COUNTY shall adequately protect all records against fire or other
17 damage. The State of California, and any of its agencies and departments having an interest
18 in the subject of this Agreement, shall have the same rights conferred upon the Court by this
11) paragraph.
?0 If this Agreement exceeds ten thousand dollars ($10,000.00), the parties shall be
I subject to the examination of the Audit General for a period of three (3) years after final
_22 payment under the contract as required by Government Code section 8546.7.
11. CERTIFICATIONS, REPRESENTATIONS AND WARRANTIES
24 By executing this Agreement, COUNTY certifies under penalty of perjury under the laws
_)5 of the State of California that the following representations and warranties are true and correct
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Agreement Between County of Fresno and Superior Court of California,County of Fresno, for Representation
in Juvenile Dependency Matters 2016-2017
I as of the effective date of this Agreement, represents and warranties as follows, and certifies
that the following covenants will not be breached:
Nondiscrimination - During the performance of this Agreement, COUNTY shall not
4 unlawfully discriminate against any employee or applicant for employment because of race,
5 creed, religion, color, national origin, ancestry, physical or mental disability or Acquired Immune
6 Deficiency Syndrome or HIV status (AIDS/HIV status), medical condition, marital status, age
7 (over 40), sex, sexual orientation, gender identity, or domestic partner status. County shall
8 ensure that the evaluation and treatment of employees and applicants for employment are free
9 of such discrimination.
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1 1 No Harassment- During the performance of this Agreement, COUNTY shall not engage
12 in unlawful harassment, including sexual harassment, with respect to any person with whom
1 COUNTY interacts with in the performance of this Agreement. COUNTY shall take all
14 reasonable steps to prevent harassment from occurring.
15 FEHA- COUNTY shall comply with all applicable provisions of the Fair Employment
16 and Housing Act, Government Code sections 12990 of seq., and the applicable regulations
17 promulgated under California Code Regulations, title 2, section 7285 et seq. The applicable
18 regulations of the Fair Employment and Housing Commission implementing Government Code,
19 section 12990, as set forth in chapter 5 of division 4 of title 2 of the California Code
20 Regulations, are incorporated into this Agreement by reference and made a part of it as if set
I forth in full.
22 Compliance with American with Disabilities Act- COUNTY shall provide the services
33 specified in this Agreement in a matter that complies with the American with Disabilities Act, 42
24 United States Code Section 012101 et seq., and applicable regulations and guidelines in
2� accordance therewith (the "ADA"), and any and all other applicable federal, state and local
26
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Agreement Between County of Fresno and Superior Court of California,County of Fresno, for Representation
in Juvenile Dependency Matters 2016-2017
1 disability rights legislation. COUNTY agrees not to discriminate against disabled persons in the
provisions of services, benefits or activities provided under this Agreement.
Notice of Labor Organizations - COUNTY shall give written notice of their obligations
4 under this section to any labor organizations with which they have a collective bargaining or
5 other agreement.
6 Compliance - COUNTY shall include the nondiscrimination and compliance provisions
7 of this section in any and all subcontracts issued to perform services under this Agreement.
1 Conflict of Interest- COUNTY and its employees shall not participate in proceedings
that involve the use of COURT funds if the person's partner, family, or organization has a
10 financial interest in the outcome of proceedings. COUNTY and its employees shall also avoid
11 actions resulting in or creating the appearance of: (1) use of an official position with the
12 government for private gain; (2) preferential treatment to any particular person associated with
1 this Agreement; (3) loss of independence or impartiality; (4) a decision made outside official
14 channels; (5) adverse effects on the confidence of the public in the integrity of the government
15 or this Agreement.
M Drug-Free Workplace - COUNTY will provide a drug-free workplace as required by
17 Government Code sections 8355 through 8357.
18 License and Permits - COUNTY and any subcontractors providing services under this
19 Agreement have, and will maintain in full force and effect throughout the term of this
20 Agreement, all licenses, permits, and qualifications legally required to provide the services.
i Signature Authority - All persons who sign this Agreement on behalf of COUNTY are
"- duly authorized to do so.
12. WAIVER
'--1 Either party's failure to enforce any of its rights pursuant to this Agreement shall not be
25 construed as a waiver of such rights. Waiver of any provision of this Agreement shall not be
26 effective unless it is in writing and signed by the party against whom the waiver is sought to be
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Agreement Between County of Fresno and Superior Court of California,County of Fresno.for Representation
in Juvenile Dependency Matters 2016-2017
I enforced. Such written waiver shall not be construed as a waiver of any succeeding breach of
the same or breach of any other provision of this Agreement.
13. SEVERABILITY
} The provisions of this Agreement are separate and severable. Should a court of
5 competent jurisdiction hold that any provision of this Agreement is invalid, void or
6 unenforceable, than (i) the validity of the remaining provisions of this Agreement shall not be
7 affected or impaired thereby, and (ii) such provision shall be enforced to the maximum extent
8 possible so as to effect the reasonable intent of the parties and shall be reformed without
9 further action by the parties to the extent necessary to make such provision valid and
10 enforceable.
1-' 14. COMPLIANCE WITH LAWS
1 COUNTY shall keep itself fully informed of, and shall comply with, all applicable federal,
14 state, and local laws, rules, regulations, rules of court and ordinances in any matter affecting
I� the performance of this Agreement, as they may be amended from time to time.
16 15. VENUE AND GOVERNING LAW
17 Venue for any action arising out of or relating to this Agreement shall only be in Fresno
18 County, California. The rights and obligations of the parties, and all interpretation and
19 performance of this Agreement, shall be governed in all respects by the laws of the State of
,0 California.
16. INTERPRETATION
Headings or captions to the provisions of this Agreement are solely for the convenience
'- of the parties and shall not be used to interpret or determine the validity of any provision of this
'-> Agreement. Any ambiguity in this Agreement shall not be construed in favor of or against
25 either party, but rather the terms and provisions hereof shall be given their reasonable
26 interpretation.
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Agreement Between County of Fresno and Superior Court of California,County of Fresno,for Representation
in Juvenile Dependency Matters 2016-2017
1 17. NOTICES
The persons and their addresses having authority to give and receive notice under this
Agreement include the following.-
4 COURT COUNTY
Sheran Morton Jean M. Rousseau
Court Executive Officer County Administrative Officer
6 Superior Court of California, County of Fresno County of Fresno
1100 Van Ness Avenue 2281 Tulare Street, Room 304
7 Fresno, CA 93724-0002 Fresno, CA 93721
s Any notices between the COURT and COUNTY provided for under this Agreement
9 shall be in writing and shall be deemed duly served when personally delivered to one of the
10 parties, or in lieu of such personal service, when deposited in the United States Mail, postage
1 1 prepaid, addressed to such parties.
1 18. AMENDMENTS
1 This Agreement may not be modified or amended, except by written instrument
14 executed and approved by all parties in the same manner as this Agreement. Any written
1; change to this Agreement shall be in the form of a written Amendment which shall be attached
16 to the original Agreement to maintain continuity.
17 19. ENTIRE AGREEMENT
18 This Agreement, including all exhibits and attachments thereto, constitutes the entire
1,) agreement between the COURT and COUNTY with respect to the subject matter hereof and
20 supersedes all prior or commitments, both oral and written, between the parties.
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Agreement Between County of Fresno and Superior Court of California,County of Fresno.for Representation
in Juvenile Dependency Matters 2016-2017
I IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
2
3 Superior Court of California, County of Fresno
4
5 Kimb rly A. Gaab, PR SIDING JUDGE Dated
6
County of Fresno
7
s gy.
Ernest Buddy Mendes,Chairman,Board of Supervisors
9
10 BERNICE E. SIEDEL, Clerk
Board of Supervisors
11
12 ��
13
APPROVED AS TO LEGAL FORM:
14 Daniel C. Cederborg, COUNTY COUNSEL
15
16
17 APPROVED AS TO ACCOUNTING FORM:
VICKI CROW, CPA, AUDITOR-CONTROLLER/
18 TREASURER-TAX COLLECTOR
19 O
20
21 REVIEVgD AND RECOMMENDED FOR APPROVAL
22
23 Elizabeth iaz, P lic Defender Fund/Subclass: 0001/10000
Fresno County Public Defender's Office Organization: 28800300
24 Acct: 5047
25
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Agreement Between County of Fresno and Superior Court of California,County of Fresno,for Representation
in Juvenile Dependency Matters 2016-2017
Exhibit A
For Court Use Only
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
CENTRAL DIVISION
CASE NO:
}
In re: ) Next Hearing
Date/Time/Dept:
DECLARATION OF CONFLICT
Minor(s) )
The Public Defender of Fresno County hereby declares a conflict in the above-entitled matter and
requests the Public Defender be relieved as counsel of record and that new counsel be appointed to represent
PUBLIC DEFENDER Current representation on case:
COUNTY OF FRESNO
( ) FDO for
By: ( ) ADO for
Attorney at Law
( ) Other Representation: for
Attorney Name
( ) Representation Unknown
ORDER
GOOD CAUSE APPEARING, the Public Defender is hereby relieved as attorney of record and
is hereby appointed. A court appearance by counsel to accept this appointment
is not required.
DATE:
Superior Court Judge
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