HomeMy WebLinkAboutAgreement A-19-180 with the Superior Court of California.pdf-1-
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COUNTY OF FRESNO
Fresno, CA
AGREEMENT
THIS AGREEMENT for Janitorial Services (“Agreement”) is made and entered into this
_____ day of ______________, 2019 (“Effective Date”), by and between the County of Fresno, a
Political Subdivision of the State of California (“COUNTY”), and the Superior Court of California,
County of Fresno (“COURT”). COURT and COUNTY may be referred to as a “Party” or collectively
as “Parties” to this Agreement.
WITNESSETH
WHEREAS, COURT and COUNTY have a need for janitorial services for the common area
on the first floor of the Juvenile Court Facility, located at 3333 American Avenue, Fresno, CA 93725.
The common area on the first floor is approximately 9,291 square feet (“Facility”);
WHEREAS, the Facility is occupied by both COUNTY AND COURT staff; and
WHEREAS, COURT has contracted for the equipment, and personnel skilled in the
provision of janitorial services.
NOW, THEREFORE, in consideration of their mutual covenants and conditions, the Parties
hereto agree as follows:
SECTION 1. -- SERVICES
A.COURT agrees to provide janitorial services in the common areas, such as lobbies and building
entrances, which serve both Parties. A description of services and service areas are specified
in Exhibit A, attached and incorporated by this reference. Rates are outlined in Section 5,
“Compensation.”
B.COURT shall comply with all applicable Federal, State, County, and City regulations regarding
wages, hours, and working conditions in performing its obligations under this Agreement.
C.COUNTY shall provide a County representative (“County Representative”) to represent the
COUNTY under this Agreement, as COURT carries out COURT’s obligations under this
Agreement. The County Representative will be the COUNTY’s Facilities Division Manager and
his or her designees. The contact person for COURT will be the Court’s Facilities Manager as
listed in Section 14, “NOTICES.”
SECTION 2. -- TERM
The initial term of this Agreement shall be for a period of one (1) year, commencing on April
23, 2019, through and including April 22, 2020 (“Term”). This Agreement shall automatically renew
23rd April
Agreement No. 19-180
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COUNTY OF FRESNO
Fresno, CA
for four (4) one (1) year terms upon the same terms and conditions herein set forth, unless written
notice of non-renewal is given by either Party, no later than thirty (30) days prior to the close of the
then-current Agreement term. COUNTY’s Director of Internal Services/Chief Information Officer or
his or her designee, is authorized to execute such non-renewal on behalf of COUNTY.
SECTION 3. -- TERMINATION
This Agreement may be terminated for the following reasons:
A. Non-Allocation of Funds -- The terms of this Agreement, and the services to be provided
hereunder, are contingent on the approval of funds by the appropriating government
agency. Should sufficient funds not be allocated, the services provided may be modified,
or this Agreement terminated, at any time by giving the COURT thirty (30) days advance
written notice.
B. Breach of Contract – COUNTY may immediately suspend or terminate this Agreement
in whole or in part, where in the determination of the COUNTY there is:
1. An illegal or improper use of funds;
2. A failure to comply with any terms of this Agreement;
3. A substantially incorrect or incomplete report submitted to the COUNTY; or
4. Improperly performed services.
In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any
breach of this Agreement or any default which may then exist on the part of the COURT. Such
payment shall not impair or prejudice any remedy to the COUNTY with respect to the breach or
default. COUNTY shall have the right to demand of the COURT the repayment to the COUNTY of
any funds disbursed to the COURT under this Agreement, which in the judgment of the COUNTY
were not expended in accordance with the terms of this Agreement. COURT shall promptly refund
any such funds upon demand.
COURT may immediately suspend or terminate this Agreement in whole or in part, if
COUNTY fails to pay invoices timely.
C. Without Cause - Under circumstances other than those set forth above, this Agreement
may be terminated by either party upon the giving of sixty (60) days’ advance written notice of an
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COUNTY OF FRESNO
Fresno, CA
intention to terminate. In the event of such termination, COUNTY shall pay COURT for satisfactory
services or supplies provided up until the date of termination.
SECTION 4. -- COMPENSATION
COUNTY agrees to pay COURT, and COURT agrees to receive compensation for providing
routine and additional janitorial services in the common area on the first floor of the Facility, which
is approximately nine thousand two-hundred ninety-one (9,291) square feet. The cost for janitorial
services shall be paid one-half (1/2) by COUNTY and one-half (1/2) by COURT. COUNTY agrees
to pay COURT in accordance with the contracted janitorial per square foot rate paid by COURT. As
of the Effective Date, the current contracted janitorial per square foot rate paid by the COURT is
$0.13 for routine janitorial services. The cost for routine janitorial services shall increase to $0.14
per square foot on January 1, 2020, then $0.16 per square foot on January 1, 2021. In the event
that there are further changes in the janitorial rate per square foot throughout the Term of this
Agreement, COURT shall give written notice thereof to COUNTY at least thirty (30) calendar days
prior to the effective date of any such change. As to COUNTY, the Director of Internal
Services/Chief Information Officer is authorized to consent in writing to any such modification. All
janitorial services provided by COURT shall include all labor, equipment, and materials required to
complete the services, as specified in Exhibit A.
COUNTY may request additional janitorial services from COURT on an as-needed basis
that are in addition to routine janitorial services. If COURT is unable to provide additional services
when requested, COURT shall notify COUNTY within two (2) business days of the request.
Compensation for any such services shall be at the rate provided in Exhibit A, “Extra Services”.
COUNTY’s pro-rata portion of routine janitorial charges is estimated at Eight Thousand
Dollars ($8,000) for each twelve (12) month term of this Agreement. The annual estimate is based
on projections, and it is understood that all expenses may be higher or lower based on actuals.
In no event shall the total compensation paid to COURT for the entire potential five-year
term of this Agreement exceed the sum of forty-five thousand dollars ($45,000).
SECTION 5. -- INVOICING
COURT shall submit invoices in accordance with the rates and charges agreed upon for the
services provided to the COUNTY during the previous monthly billing period on the first day of the
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COUNTY OF FRESNO
Fresno, CA
month. Each invoice shall reference this Agreement number, the date and name of the facility where
the services were performed, a clear identification of services performed (each invoice labeled
either “Routine Janitorial Services” or “Extra Services”). Invoices shall be emailed to Isdap-
ar@fresnocountyca.gov or mailed to The County of Fresno, ISD, ATTN: Business Office (A/P
Division), 333 W. Pontiac Way, Clovis, CA 93612. COUNTY shall make payment to COURT no
later than forty-five (45) days after receipt and approval of each invoice, which shall be given upon
verification of satisfactory performance.
COURT shall be solely responsible for and promptly pay all janitorial charges for the first
floor common area of the Facility. COUNTY shall be billed for its pro-rated costs based on square
footage actually occupied by COUNTY. COUNTY agrees to reimburse COURT monthly in arrears,
upon receipt of billing.
SECTION 6. -- MODIFICATION
Any matters of this Agreement may be modified from time to time by the written consent of
all the parties without, in any way, affecting the remainder.
SECTION 7. -- INDEPENDENT CONTRACTORS
In performance of the work, duties, and obligations assumed by COURT under this
Agreement, it is mutually understood and agreed that COURT, including any and all of COURT’s
officers, agents, subcontractors, and employees shall at all times be acting and performing as
independent contractors, and shall act in an independent capacity and not as an officer, agent,
servant, employee, joint venturer, partner, or associate of the COUNTY.
Furthermore, COUNTY shall have no right to control or supervise or direct the manner or
method by which COURT’s contractor shall perform their work and function. However, COURT’s
contractor’s methods must be compatible with COUNTY's standards and must result in satisfactory
and timely completion of the work assigned, and the quality and quantity of work produced must be
acceptable to the COUNTY. COUNTY retains the right to verify that COURT is performing its
obligations in accordance with this Agreement’s terms and conditions. COURT and COUNTY shall
comply with all applicable provisions of law and the rules and regulations, if any, of governmental
authorities having jurisdiction over matters covered by this Agreement.
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COUNTY OF FRESNO
Fresno, CA
Because of their status as independent contractors, COURT’s contractor employees shall
have absolutely no right to employment rights and benefits available to COUNTY employees.
COURT’s contractor shall be solely liable and responsible for providing to, or on behalf of, their
employees all legally required employee benefits. In addition, COURT shall be solely responsible
and shall hold the COUNTY harmless from all matters relating to payment of COURT’s contractor
employees, including compliance with Social Security withholding, and all other regulations
governing such matters. It is acknowledged that during the term of this Agreement, COURT’s
contractor may be providing services to others unrelated to the COUNTY or to this Agreement.
SECTION 8. -- NON-ASSIGNMENT
Neither party shall assign, transfer or subcontract this Agreement nor their rights or duties
under this Agreement without the prior written consent of the other party.
SECTION 9. -- RELATIONSHIP OF PARTIES
It is understood that this Agreement is not intended to and shall not be construed to create
a relationship of agent, servant, employee, partnership, joint venture or association.
SECTION 10. -- HOLD HARMLESS AND INDEMNIFICATION
COUNTY agrees to indemnify, save, hold harmless, and at COURT‘s request, defend the
COURT, its officers, agents, and employees from any and all costs and expenses (including
attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to COURT
in connection with the performance, or failure to perform, by COUNTY, its officers, agents, or
employees under this Agreement, and from any and all costs and expenses (including attorney’s
fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm,
or corporation who may be injured or damaged by the performance, or failure to perform, of
COUNTY, its officers, agents, or employees under this Agreement.
COURT agrees to indemnify, save, hold harmless, and at COUNTY's request, defend the
COUNTY, its officers, agents, and employees from any and all costs and expenses (including
attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to
COUNTY in connection with the performance, or failure to perform, by COURT, its officers, agents,
or employees under this Agreement, and from any and all costs and expenses (including attorney’s
fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm,
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COUNTY OF FRESNO
Fresno, CA
or corporation who may be injured or damaged by the performance, or failure to perform, of
COURT, its officers, agents, or employees under this Agreement.
The provisions of this Section 10 shall survive termination of this Agreement.
SECTION 11. -- INSURANCE
Without limiting COUNTY's right to obtain indemnification from COURT or any third parties,
COURT, at its sole expense, shall maintain in full force and effect, the following insurance policies
or a program of self-insurance, including but not limited to, an insurance pooling arrangement or
Joint Powers Agreement (JPA) throughout the term of the Agreement:
A. Certificate of Participation (see Exhibit C)
B. Automobile Liability
Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include
any auto used in connection with this Agreement.
C. Professional Liability
If COURT employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing
services, Professional Liability Insurance with limits of not less than One Million Dollars
($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. This
coverage shall be issued on a per claim basis. COURT agrees that it shall maintain, at its sole
expense, in full force and effect for a period of three years following the termination of this
Agreement, one or more policies of professional liability insurance with limits of coverage as
specified herein.
D. Worker's Compensation
A policy of Worker's Compensation insurance as may be required by the California Labor Code.
COURT shall obtain endorsements to the Commercial General Liability insurance naming the
County of Fresno, its officers, agents, and employees, individually and collectively, as additional
insured, but only insofar as the operations under this Agreement are concerned. Such coverage
for additional insured shall apply as primary insurance and any other insurance, or self-insurance,
maintained by COUNTY, its officers, agents and employees shall be excess only and not
contributing with insurance provided under COURT’s policies herein. This insurance shall not be
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COUNTY OF FRESNO
Fresno, CA
cancelled or changed without a minimum of thirty (30) days advance written notice given to
COUNTY.
COURT hereby waives its right to recover from County, its officers, agents, and employees
any amounts paid by the policy of worker’s compensation insurance required by this Agreement.
COURT is solely responsible to obtain any endorsement to such policy that may be necessary to
accomplish such waiver of subrogation, but COURT’s waiver of subrogation under this paragraph
is effective whether or not COURT obtains such an endorsement.
Within thirty (30) days from the date COURT executes this Agreement, COURT shall provide
certificates of insurance and endorsement as stated above for all of the foregoing policies, as
required herein, to the County of Fresno, Facility Services, Attn: Facility Manager, 4590 E. Kings
Canyon Road, Fresno, CA 93702, stating that such insurance coverage have been obtained and
are in full force; that the County of Fresno, its officers, agents and employees will not be responsible
for any premiums on the policies; that for such worker’s compensation insurance the COURT has
waived its right to recover from the COUNTY, its officers, agents, and employees any amounts paid
under the insurance policy and that waiver does not invalidate the insurance policy; that such
Commercial General Liability insurance names the County of Fresno, its officers, agents and
employees, individually and collectively, as additional insured, but only insofar as the operations
under this Agreement are concerned; that such coverage for additional insured shall apply as
primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers,
agents and employees, shall be excess only and not contributing with insurance provided under
COURT's policies herein; and that this insurance shall not be cancelled or changed without a
minimum of thirty (30) days advance, written notice given to COUNTY.
In the event COURT fails to keep in effect at all times insurance coverage as herein
provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
Agreement upon the occurrence of such event.
All policies shall be with admitted insurers licensed to do business in the State of California.
Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc.
rating of A FSC VII or better.
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COUNTY OF FRESNO
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SECTION 12. -- AUDITS AND INSPECTIONS
COURT shall at any time during business hours, and as often as the COUNTY may deem
necessary, make available to the COUNTY for examination all of its records and data with respect
to the matters covered by this Agreement. COURT shall, upon request by the COUNTY, permit the
COUNTY to audit and inspect all of such records and data necessary to ensure COURTS’
compliance with the terms of this Agreement. If this Agreement exceeds ten thousand dollars
($10,000.00), COURT shall be subject to the examination and audit of the California State Auditor
for a period of three (3) years after final payment under contract (Government Code Section
8546.7).
SECTION 13. -- NOTICES
The persons and their addresses having authority to give and receive written notices
under this Agreement include the following:
COUNTY COURT
Fenix Batista, Facilities Manager
Fresno Superior Court
1100 Van Ness Avenue
Fresno, CA 93724-0002
County of Fresno – ISD
Director of ISD/CIO
333 W. Pontiac Way,
Clovis, CA 93612
All notices between the COUNTY and the COURT provided for or permitted under this
Agreement must be in writing and delivered either by personal service, by first-class United States
mail, by an overnight commercial courier service, or by telephonic facsimile transmission. A notice
delivered by personal service is effective upon service to the recipient. A notice delivered by first-
class United States mail is effective three COUNTY business days after deposit in the United States
mail, postage prepaid, addressed to the recipient. A notice delivered by an overnight commercial
courier service is effective one COUNTY business day after deposit with the overnight commercial
courier service, delivery fees prepaid, with delivery instructions given for next day delivery,
addressed to the recipient. A notice delivered by telephonic facsimile is effective when transmission
to the recipient is completed (but, if such transmission is completed outside of COUNTY business
hours, then such delivery shall be deemed to be effective at the next beginning of a COUNTY
business day), provided that the sender maintains a machine record of the completed transmission.
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COUNTY OF FRESNO
Fresno, CA
For all claims arising out of or related to this Agreement, nothing in this section establishes, waives,
or modifies any claims presentation requirements or procedures provided by law, including but not
limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning
with section 810).
SECTION 14. – LEGAL AUTHORITY
Each individual executing this Agreement on behalf of COURT hereby covenants, warrants,
and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement
on behalf of COURT, e.g. (without limitation), in accordance with all applicable formalities and
under California law.
SECTION 15. -- GOVERNING LAW
Venue for any action arising out of or relating to this Agreement shall only be in Fresno
County, California. The rights and obligations of the parties and all interpretation and performance
of this Agreement shall be governed in all respects by the laws of the State of California.
SECTION 16. -- DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the COURT is operating as a corporation (a for-profit or
non-profit corporation) or if during the term of this agreement, the COURT changes its status to
operate as a corporation.
Members of COURT’s Board of Directors shall disclose any self-dealing transactions that
they are a party to while COURT is providing goods or performing services under this agreement.
A self-dealing transaction shall mean a transaction to which the COURT is a party and in which one
or more of its directors has a material financial interest. Members of COURT’s Board of Directors
shall disclose any self-dealing transactions that they are a party to by completing and signing a
Self-Dealing Transaction Disclosure Form (Exhibit B) and submitting it to the COUNTY prior to
commencing with the self-dealing transaction or immediately thereafter.
SECTION 17. -- ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between COURT and COUNTY with
respect to the subject matter hereof and supersedes all previous Agreement negotiations,
proposals, commitments, writings, advertisements, publications, and understandings of any nature
whatsoever unless expressly included in this Agreement.
COUNTY OF FRESNO
Fresno, CA
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement for Janitorial
2 Services as of the Effective date.
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COURT
Sheran ~ive Ollie
Superior Court of California,
County4of esno
C-~ "Z-7J 201~
Date
For Accounting Use Only:
Org No.: 8935
Account No.: 7070
Fund: 1045
Subclass: 10000
By:
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COUNTY ,QF FRESNO
Nathan Magsig, Chairman of the Board
· of Supervisors of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk.of the Board of Supervisors
County of Fresno, State of California
EXHIBIT A
Page 1 of 11
LEGEND
� COMMON AREAS
� COUNTY
CII]COURTS
GROSS AREA
TOTAL
9,290.85 s.f.
43,896.75 s.f.
7,308.30 s.f.
60,495.90 s.f.
AREAS
i··•····w······w······,
I
'
MAP OF COMMON AREAS
,····�
', \,
�\ �
� DELINQUENCY COURT AND OFFICES
NORTH FIRST FLOOR PLAN '-..JL/
0 10' 20· 30' 40' --......... 60' 80' EXHIBIT B
Page 2 of 11
PART I: Proposed Routine Tasks and Frequencies
The following routine tasks shall be performed at the minimum frequencies specified below.
RESTROOM CARE -Public
DAILY: Remove trash from all receptacles and replace liners when soiled or wet. Clean, disinfect
and restock all dispensers, including liquid soap dispensers.
TWICE A WEEK: Clean and disinfect commode inside and outside including seats, urinals and
basins, counter tops, splash boards, door handles and latches, push plates light switch covers, flush
valves, faucets and adjacent surfaces. Clean all mirrors, stainless, plated or enamel surfaces.
WEEKLY: Dust mop and wet mop floors with detergent disinfectant.
MONTHLY: Thoroughly machine scrub floors; clean and disinfect walls, doors, etc., including trim
and hardware; treat floor drains to prevent sewer gas and odor.
RESTROOM CARE -Staff & Jury Deliberation Rooms
DAILY: Remove trash from all receptacles and replace liners when soiled or wet. Clean, disinfect
and restock all dispensers, including liquid soap dispensers.
TWICE A WEEK: Clean and disinfect commode inside and outside including seats, urinals and
basins, counter tops, splash boards, door handles and latches, push plates light switch covers, flush
valves, faucets and adjacent surfaces. Clean all mirrors, stainless, plated or enamel surfaces.
WEEKLY: Dust mop and wet mop floors with detergent disinfectant.
MONTHLY: Thoroughly machine scrub floors; clean and disinfect walls, doors, etc., including trim
and hardware; treat floor drains to prevent sewer gas and odor.
RESTROOM CARE -Private
TWICE A WEEK: Remove trash from all receptacles and replace liners when soiled or wet. Clean,
disinfect and restock all dispensers, including liquid soap dispensers. Clean and disinfect
commode inside and outside including seats, urinals, and basins, counter tops, splash boards,
door handles and latches, push plates light switch covers, flush valves, faucets and adjacent
surfaces. Clean all mirrors, stainless, plated or enamel surfaces.
WEEKLY: Dust mop and wet mop floors with detergent disinfectant.
MONTHLY: Thoroughly machine scrub floors; clean and disinfect walls, doors, etc., including trim
and hardware; treat floor drains to prevent sewer gas and odor.
CARPET CARE-Public Areas
TWICE A WEEK: Thoroughly vacuum and remove spots and stains. Spot or stain removal shall be
accomplished after regular business hours.
31
DESCRIPTION OF ROUTINE SERVICES
Page 3 of 11
Page 4 of 11
Page 5 of 11
DESCRIPTION OF EXTRA SERVICES
JANITORIAL INC.
Company Name
Extra Services Rate -Hourly $ 25.00
One Time Cost for Extra Services as requested by the Court
Please list costs by facility:
Thoroughly extract, steam clean, or otherwise clean all
carpet.
Thoroughly scrub steps and landings of stairwells. Detail
all stairwell components including all level dusting and
cobweb removal.
Strip and apply floor finish, except for restricted areas
noted by Court personnel.
Wipe clean all diffusers and light fixtures.
COURT MAY OR MAY NOT CHOOSE TO REQUEST THE ANNUAL
SERVICES. THEY ARE EXTRA AND NOT A PART OF THE CONTRACT.
Main
$55/hour
No Charge
$55/hour
No Charge
Sisk JJC N.A.Jail Archives
$55/hour $55/hour $55/hour $55/hour
No Charge No Charge No Charge No Charge
$55/hour $55/hour $55/hour $55/hour
No Charge No Charge No Charge No Charge
Page 6 of 11
EXHIBIT B
Page 7 of 11
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EXHIBIT B
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as “County”),
members of a contractor’s board of directors (hereinafter referred to as “County Contractor”),
must disclose any self-dealing transactions that they are a party t o while providing goods,
performing services, or both for the County. A self-dealing transaction is defined below:
“A self-dealing transaction means a transaction to which the corporation is a party and in
which one or more of its directors has a material financial interest”
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1)Enter board member’s name, job title (if applicable), and date this disclosure is being
made.
(2)Enter the board member’s company/agency name and address.
(3)Describe in detail the nature of the self -dealing transaction that is being disclosed to
the County. At a minimum, include a description of the following:
a.The name of the agency/company with which the corporation has the
transaction; and
b.The nature of the material financial interest in the Corporation’s transaction that
the board member has.
(4)Describe in detail why the self -dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5)Form must be signed by the board member that is involved in the self -dealing
transaction described in Sections (3) and (4).
Page 8 of 11
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(1) Company Board Member Information:
Date:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to):
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233
(a):
(5) Authorized Signature
Signature: Date:
Page 9 of 11
not applicable
JUDICIAL COUNCIL OF CALIFORNIA
455 Golden Gate Avenue . San Francisco, California 94102
MEMORANDUM
TO: County of Fresno
FROM: Oliver Cheng, Attorney
DATE: May 29, 2018
SUBJECT/
PURPOSE OF
MEMO:
Certificate of Participation: California Judicial Branch Litigation
Management Program
CONTACT FOR
FURTHER
INFORMATION:
NAME:
Oliver Cheng
TEL:
415-865-4616
EMAIL:
oliver.cheng@jud.ca.gov
PURPOSE OF MEMO
This memo responds to your request to the Superior Court of California, County of Fresno, for a
certificate of commercial liability insurance in connection with an MOU for program services.
Please retain this memo as your proof of the court’s participation in the Litigation Management
Program of the judicial branch of the State of California. This program is in lieu of commercial
liability insurance.
OVERVIEW
The superior court is an entity of the judicial branch of the State of California. The Judicial
Council of California established the Litigation Management Program to address litigation and
claims against judicial branch entities,1 including the superior courts. The program is
1 “Judicial branch entities” are defined in section 900.3 of the Government Code as including the superior courts, the
Courts of Appeal, the Supreme Court, and the Judicial Council of California. The requirements for actions against
public employees, as set forth in sections 950 through 951 of the Government Code, apply to actions against
employees of those judicial branch entities.
Exhibit C
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May 29, 2018
administered pursuant to statutes and rules of court governing the management of litigation and
claims against California judicial branch entities and judicial officers.
Applicable Statutes
Sections 811.9 and 912.7 of the Government Code codify the responsibility of the Judicial
Council to provide representation, defense, and indemnification of the trial courts, and their
judges, subordinate judicial officers, executive officers, and employees, in accordance with
sections 810 through 995 of the Government Code. Section 965(c) codifies the responsibility of
the State of California to pay settlements and judgments arising out of the activities of a judicial
branch entity.
Applicable Rules of Court
The Litigation Management Program is administered in accordance with the California Rules of
Court, rules 10.14, 10.201, 10.202 and 10.203, which are promulgated under sections 811.9 and
912.7 of the Government Code. The rules require the Judicial Council’s Legal Services office to
manage and administer a program for investigating and resolving all claims and lawsuits
affecting the courts.
Duration of Superior Court’s Participation
The superior court’s participation in the Litigation Management Program is mandatory and
continues without interruption in accordance with the statutes and rules of court.
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