HomeMy WebLinkAboutAgreement A-24-271 with University of Cincinnati Research Institute.pdf Agreement No. 24-271
1 SERVICE AGREEMENT
2 This Service Agreement ("Agreement") is dated June 4, 2024 and is between
3 University of Cincinnati Research Institute, an Ohio non-profit 501(c)(3) corporation, whose
4 address is 51 Goodman Drive; University Hall, Suite 240, Cincinnati, OH 45221-0222
5 ("Contractor"), and the County of Fresno, a political subdivision of the State of California
6 ("County").
7 Recitals
8 A. The County, through its Probation Department (Department) has determined there is a
9 need to continue to expand and improve the delivery of evidence-based practices throughout
10 the Department, as well as to establish and maintain a continuous quality improvement (CQI)
11 plan.
12 B. The Contractor is qualified and willing to provide technical assistance, training, coaching
13 and oversight for these services through its authorized subcontractor, the University of
14 Cincinnati Center for Justice and Communities (CJC), a service center within the University of
15 Cincinnati School of Criminal Justice. The University of Cincinnati, copyright holder of CJC's
16 curricula, provides a license to the Contractor allowing it to sublicense CJC's curricula for use by
17 the Department, while CJC is qualified and willing to provide the technical assistance, and
18 perform the training, coaching and oversight necessary for Department's proper implementation
19 of the curricula.
20 C. Contractor is qualified and willing to provide technical assistance, training, coaching and
21 oversight, using CJC's curricula, to the Department. The County desires to engage the
22 Contractor to continue to develop and implement the comprehensive plan to improve the
23 delivery of evidence-based practices within the Department, and to implement the continuous
24 quality improvement plan to promote sustainability.
25 The parties therefore agree as follows:
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1 Article 1
2 Contractor's Services
3 1.1 Scope of Services. The Contractor shall perform all of the services provided in
4 Exhibit A to this Agreement, titled "Scope of Services."
5 (A) The Contractor must adhere to Juvenile Justice Campus ("JJC") policies and
6 Department policies and any changes or updates to such policies. Current
7 Departmental policies may be reviewed here:
8 https://www.fresnocountyca.gov/Departments/Probation/About-Probation/Policy-
9 ManualsTraining-Plans.
10 1.2 Representation. The Contractor represents that it is qualified, ready, willing, and
11 able to perform all of the services provided in this Agreement.
12 1.3 Compliance with Laws. The Contractor shall, at its own cost, comply with all
13 applicable federal, state, and local laws and regulations in the performance of its obligations
14 under this Agreement, including but not limited to workers compensation, labor, and
15 confidentiality laws and regulations.
16 1.4 The services shall be provided in part at the JJC, and throughout the Department
17 locations, as well as partially online, in collaboration with contracted community-based
18 organizations (CBO). Contractor shall not have any right to control or exclusively possess all or
19 any portion of any County facility, including the JJC, and at any time, authorized County staff
20 may enter County facilities, including the JJC, where Contractor is performing services.
21 Article 2
22 County's Responsibilities
23 2.1 The County shall collaborate with the Contractor to coordinate in advance the
24 scheduling of the specific days set aside for services, as defined in Exhibit A.
25 2.2 The County shall compensate Contractor in accordance with Exhibit B of this
26 Agreement.
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2
1 Article 3
2 Compensation, Invoices, and Payments
3 3.1 The County agrees to pay, and the Contractor agrees to receive, compensation for
4 the performance of its services under this Agreement as described in Exhibit B to this
5 Agreement, titled "Compensation."
6 3.2 Maximum Compensation. The maximum compensation payable to the Contractor
7 is One Hundred Fifty-Eight Thousand, One Hundred and Fifty Dollars ($158,150) for the first
8 year of this Agreement. The maximum compensation payable to the Contractor is One Hundred
9 Fifty-Nine Thousand, Seven Hundred Dollars ($159,700) for the second year of this Agreement.
10 The maximum compensation payable to the Contractor is One Hundred Eighty-Nine Thousand,
11 Five Hundred and Fifty Dollars ($189,550) for the third year of this Agreement. If the Agreement
12 is extended for a fourth year of services, the maximum compensation payable to the Contractor
13 is One Hundred Twenty-Nine Thousand, Five Hundred and Fifty Dollars ($129,550) for the
14 fourth year of this Agreement. If this Agreement is extended for a fifth year of services, the
15 maximum compensation payable to the Contractor is One Hundred Sixteen Thousand, Five
16 Hundred and Fifty Dollars ($116,550)for the fifth year of this Agreement. In no event shall the
17 maximum compensation paid for services performed under this Agreement exceed Seven
18 Hundred Fifty-Three Thousand, Five Hundred Dollars ($753,500) during the total possible five-
19 year term of this Agreement. The Contractor acknowledges that the County is a local
20 government entity, and does so with notice that the County's powers are limited by the
21 California Constitution and by State law, and with notice that the Contractor may receive
22 compensation under this Agreement only for services performed according to the terms of this
23 Agreement and while this Agreement is in effect, and subject to the maximum amount payable
24 under this section. The Contractor further acknowledges that County employees have no
25 authority to pay the Contractor except as expressly provided in this Agreement.
26 3.3 Invoices. The Contractor shall submit invoices to Fresno County Probation
27 Department, 3333 East American Ave. Bldg. 701 Ste. B Fresno CA, 93725 or electronically to:
28 Probation Invoices((:�fresnocountyca.gc, . The Contractor shall submit each invoice within 60
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1 days after the month in which the Contractor performs services and in any case within 60 days
2 after the end of the term or termination of this Agreement. Contractor shall maintain backup
3 documentation which it shall make available to County if requested.
4 3.4 Payment. The County shall pay each correctly completed and timely submitted
5 invoice within 45 days after receipt. The County shall remit any payment to the Contractor's
6 address specified in the invoice.
7 3.5 Incidental Expenses. The Contractor is solely responsible for all of its costs and
8 expenses that are not specified as payable by the County under this Agreement.
9 Article 4
10 Term of Agreement
11 4.1 Term. This Agreement is effective on June 4, 2024 and terminates on June 3, 2027,
12 except as provided in section 4.2, "Extension," or Article 6, "Termination and Suspension,"
13 below.
14 4.2 Extension. The term of this Agreement may be extended for no more than two, one-
15 year periods only upon written approval of both parties at least 30 days before the first day of
16 the next one-year extension period. The Chief Probation Officer or his or her designee is
17 authorized to sign the written approval on behalf of the County based on the Contractor's
18 satisfactory performance. The extension of this Agreement by the County is not a waiver or
19 compromise of any default or breach of this Agreement by the Contractor existing at the time of
20 the extension whether or not known to the County.
21 Article 5
22 Notices
23 5.1 Contact Information. The persons and their addresses having authority to give and
24 receive notices provided for or permitted under this Agreement include the following:
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For the County:
26 Chief Probation Officer
County of Fresno
27 Probation Department
County of Fresno
28 3333 E. American Ave., Building 701, Suite B
Fresno, CA 93725
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1
For the Contractor:
2 Executive Director
University of Cincinnati Research Institute
3 51 Goodman Drive; University Hall, Suite 240,
Cincinnati, OH 45221-0222
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5.2 Change of Contact Information. Either party may change the information in section
5
5.1 by giving notice as provided in section 5.3.
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5.3 Method of Delivery. Each notice between the County and the Contractor provided
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for or permitted under this Agreement must be in writing, state that it is a notice provided under
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this Agreement, and be delivered either by personal service, by first-class United States mail, by
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an overnight commercial courier service, by telephonic facsimile transmission, or by Portable
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Document Format (PDF) document attached to an email.
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(A) A notice delivered by personal service is effective upon service to the recipient.
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(B) A notice delivered by first-class United States mail is effective three County
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business days after deposit in the United States mail, postage prepaid, addressed to the
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recipient.
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(C)A notice delivered by an overnight commercial courier service is effective one
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County business day after deposit with the overnight commercial courier service,
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delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
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the recipient.
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5.4 Claims Presentation. For all claims arising from or related to this Agreement,
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nothing in this Agreement establishes, waives, or modifies any claims presentation
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requirements or procedures provided by law, including the Government Claims Act (Division 3.6
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of Title 1 of the Government Code, beginning with section 810).
23
Article 6
24
Termination and Suspension
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6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
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contingent on the approval of funds by the appropriating government agency. If sufficient funds
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are not allocated, then the County, upon at least 30 days' advance written notice to the
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Contractor, may:
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1 (A) Modify the services provided by the Contractor under this Agreement; or
2 (B) Terminate this Agreement.
3 6.2 Termination for Breach.
4 (A) Upon determining that a breach (as defined in paragraph (C) below) has
5 occurred, the County may give written notice of the breach to the Contractor. The written
6 notice may suspend performance under this Agreement, and must provide at least 30
7 days for the Contractor to cure the breach.
8 (B) If the Contractor fails to cure the breach to the County's satisfaction within the
9 time stated in the written notice, the County may terminate this Agreement immediately.
10 (C) For purposes of this section, a breach occurs when, in the determination of the
11 County, the Contractor has:
12 (1) Obtained or used funds illegally or improperly;
13 (2) Failed to comply with any part of this Agreement;
14 (3) Submitted a substantially incorrect or incomplete report to the County; or
15 (4) Improperly performed any of its obligations under this Agreement.
16 6.3 Termination without Cause. In circumstances other than those set forth above, the
17 County may terminate this Agreement by giving at least 30 days advance written notice to the
18 Contractor.
19 6.4 No Penalty or Further Obligation. Any termination of this Agreement by the County
20 under this Article 6 is without penalty to or further obligation of the County.
21 6.5 County's Rights upon Termination. Upon termination for breach under this Article
22 6, the County may demand repayment by the Contractor of any monies disbursed to the
23 Contractor under this Agreement that, in the County's sole judgment, were not expended in
24 compliance with this Agreement. The Contractor shall promptly refund all such monies upon
25 demand. This section survives the termination of this Agreement.
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1 Article 7
2 Independent Contractor
3 7.1 Status. In performing under this Agreement, the Contractor, including its officers,
4 agents, employees, and volunteers, is at all times acting and performing as an independent
5 contractor, in an independent capacity, and not as an officer, agent, servant, employee, joint
6 venturer, partner, or associate of the County.
7 7.2 Verifying Performance. The County has no right to control, supervise, or direct the
8 manner or method of the Contractor's performance under this Agreement, but the County may
9 verify that the Contractor is performing according to the terms of this Agreement.
10 7.3 Benefits. Because of its status as an independent contractor, the Contractor has no
11 right to employment rights or benefits available to County employees. The Contractor is solely
12 responsible for providing to its own employees all employee benefits required by law. The
13 Contractor shall save the County harmless from all matters relating to the payment of
14 Contractor's employees, including compliance with Social Security withholding and all related
15 regulations.
16 7.4 Services to Others. The parties acknowledge that, during the term of this
17 Agreement, the Contractor may provide services to others unrelated to the County.
18 Article 8
19 Indemnity and Defense
20 8.1 Indemnity. The Contractor shall indemnify and hold harmless and defend the
21 County (including its officers, agents, employees, and volunteers) against all claims, demands,
22 injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and
23 liabilities of any kind to the County, the Contractor, or any third party that arise from or relate to
24 the performance or failure to perform by the Contractor(or any of its officers, agents,
25 subcontractors, or employees) under this Agreement. The County may conduct or participate in
26 its own defense without affecting the Contractor's obligation to indemnify and hold harmless or
27 defend the County.
28 8.2 Survival. This Article 8 survives the termination or expiration of this Agreement.
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1 Article 9
2 Insurance
3 9.1 The Contractor shall comply with all the insurance requirements in Exhibit D to this
4 Agreement.
5 Article 10
6 Inspections, Audits, and Public Records
7 10.1 Inspection of Documents. The Contractor shall make available to the County, and
8 the County may examine at any time during business hours and as often as the County deems
9 necessary, all of the Contractor's records and data with respect to the matters covered by this
10 Agreement, excluding attorney-client privileged communications. The Contractor shall, upon
11 request by the County, permit the County to audit and inspect all of such records and data to
12 ensure the Contractor's compliance with the terms of this Agreement.
13 10.2 State Audit Requirements. If the compensation to be paid by the County under this
14 Agreement exceeds $10,000, the Contractor is subject to the examination and audit of the
15 California State Auditor, as provided in Government Code section 8546.7, for a period of three
16 years after final payment under this Agreement. This section survives the termination of this
17 Agreement.
18 10.3 Public Records. The County is not limited in any manner with respect to its public
19 disclosure of this Agreement or any record or data that the Contractor may provide to the
20 County. The County's public disclosure of this Agreement or any record or data that the
21 Contractor may provide to the County may include but is not limited to the following:
22 (A) The County may voluntarily, or upon request by any member of the public or
23 governmental agency, disclose this Agreement to the public or such governmental
24 agency.
25 (B) The County may voluntarily, or upon request by any member of the public or
26 governmental agency, disclose to the public or such governmental agency any record or
27 data that the Contractor may provide to the County, unless such disclosure is prohibited
28 by court order.
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1 (C)This Agreement, and any record or data that the Contractor may provide to the
2 County, is subject to public disclosure under the Ralph M. Brown Act (California
3 Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
4 (D)This Agreement, and any record or data that the Contractor may provide to the
5 County, is subject to public disclosure as a public record under the California Public
6 Records Act (California Government Code, Title 1, Division 7, Chapter 3.5, beginning
7 with section 6250) ("CPRA").
8 (E) This Agreement, and any record or data that the Contractor may provide to the
9 County, is subject to public disclosure as information concerning the conduct of the
10 people's business of the State of California under California Constitution, Article 1,
11 section 3, subdivision (b).
12 (F) Any marking of confidentiality or restricted access upon or otherwise made with
13 respect to any record or data that the Contractor may provide to the County shall be
14 disregarded and have no effect on the County's right or duty to disclose to the public or
15 governmental agency any such record or data.
16 10.4 Public Records Act Requests. If the County receives a written or oral request
17 under the CPRA to publicly disclose any record that is in the Contractor's possession or control,
18 and which the County has a right, under any provision of this Agreement or applicable law, to
19 possess or control, then the County may demand, in writing, that the Contractor deliver to the
20 County, for purposes of public disclosure, the requested records that may be in the possession
21 or control of the Contractor. Within five business days after the County's demand, the
22 Contractor shall (a) deliver to the County all of the requested records that are in the Contractor's
23 possession or control, together with a written statement that the Contractor, after conducting a
24 diligent search, has produced all requested records that are in the Contractor's possession or
25 control, or (b) provide to the County a written statement that the Contractor, after conducting a
26 diligent search, does not possess or control any of the requested records. The Contractor shall
27 cooperate with the County with respect to any County demand for such records. If the
28 Contractor wishes to assert that any specific record or data is exempt from disclosure under the
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1 CPRA or other applicable law, it must deliver the record or data to the County and assert the
2 exemption by citation to specific legal authority within the written statement that it provides to
3 the County under this section. The Contractor's assertion of any exemption from disclosure is
4 not binding on the County, but the County will give at least 10 days' advance written notice to
5 the Contractor before disclosing any record subject to the Contractor's assertion of exemption
6 from disclosure. The Contractor shall indemnify the County for any court-ordered award of costs
7 or attorney's fees under the CPRA that results from the Contractor's delay, claim of exemption,
8 failure to produce any such records, or failure to cooperate with the County with respect to any
9 County demand for any such records.
10 Article 11
11 Disclosure of Self-Dealing Transactions
12 11.1 Applicability. This Article 11 applies if the Contractor is operating as a corporation,
13 or changes its status to operate as a corporation.
14 11.2 Duty to Disclose. If any member of the Contractor's board of directors is party to a
15 self-dealing transaction, he or she shall disclose the transaction by completing and signing a
16 "Self-Dealing Transaction Disclosure Form" (Exhibit C to this Agreement) and submitting it to
17 the County before commencing the transaction or immediately after.
18 11.3 Definition. "Self-dealing transaction" means a transaction to which the Contractor is
19 a party and in which one or more of its directors, as an individual, has a material financial
20 interest.
21 Article 12
22 General Terms
23 12.1 Modification. Except as provided in Article 6, "Termination and Suspension," this
24 Agreement may not be modified, and no waiver is effective, except by written agreement signed
25 by both parties. The Contractor acknowledges that County employees have no authority to
26 modify this Agreement except as expressly provided in this Agreement.
27 12.2 Non-Assignment. Neither party may assign its rights or delegate its obligations
28 under this Agreement without the prior written consent of the other party.
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1 12.3 Governing Law. The laws of the State of California govern all matters arising from
2 or related to this Agreement.
3 12.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
4 County, California. Contractor consents to California jurisdiction for actions arising from or
5 related to this Agreement, and, subject to the Government Claims Act, all such actions must be
6 brought and maintained in Fresno County.
7 12.5 Construction. The final form of this Agreement is the result of the parties' combined
8 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
9 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
10 against either party.
11 12.6 Days. Unless otherwise specified, "days" means calendar days.
12 12.7 Headings. The headings and section titles in this Agreement are for convenience
13 only and are not part of this Agreement.
14 12.8 Severability. If anything in this Agreement is found by a court of competent
15 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
16 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
17 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
18 intent.
19 12.9 Nondiscrimination. During the performance of this Agreement, the Contractor shall
20 not unlawfully discriminate against any employee or applicant for employment, or recipient of
21 services, because of race, religious creed, color, national origin, ancestry, physical disability,
22 mental disability, medical condition, genetic information, marital status, sex, gender, gender
23 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
24 all applicable State of California and federal statutes and regulation.
25 12.10 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation
26 of the Contractor under this Agreement on any one or more occasions is not a waiver of
27 performance of any continuing or other obligation of the Contractor and does not prohibit
28 enforcement by the County of any obligation on any other occasion.
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1 12.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
2 between the Contractor and the County with respect to the subject matter of this Agreement,
3 and it supersedes all previous negotiations, proposals, commitments, writings, advertisements,
4 publications, and understandings of any nature unless those things are expressly included in
5 this Agreement. If there is any inconsistency between the terms of this Agreement without its
6 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
7 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the
8 exhibits.
9 12.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to
10 create any rights or obligations for any person or entity except for the parties.
11 12.13 Consistent Federal Income Tax Position. Contractor acknowledges that the JJC
12 referred to herein has been acquired, constructed, and/or improved using net proceeds of
13 governmental tax-exempt bonds ("Bond-Financed Facility"). Contractor agrees that, with respect
14 to this Agreement and the Bond Financed Facility, Contractor is not entitled to take, and shall
15 not take, any position (also known as a "tax position") with the Internal Revenue Service ("IRS")
16 that is inconsistent with being a "service provider" to the County, as a "qualified user" with
17 respect to the Bond Financed Facility, as "managed property," as all of those terms are used in
18 Internal Revenue Service Revenue Procedure 2017-13, and to that end, for example, and not
19 as a limitation, Contractor agrees that Contractor shall not, in connection with any federal
20 income tax return that it files with the IRS or any other statement or information that it provides
21 to the IRS, (a) claim ownership, or that Contractor is a lessee, of any portion of the Bond
22 Financed Facility, or (b) claim any depreciation or amortization deduction, investment tax credit,
23 or deduction for any payment as rent with respect to the Bond-Financed Facility.
24 12.14 Authorized Signature. The Contractor represents and warrants to the County that:
25 (A) The Contractor is duly authorized and empowered to sign and perform its
26 obligations under this Agreement.
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1 (B) The individual signing this Agreement on behalf of the Contractor is duly
2 authorized to do so and his or her signature on this Agreement legally binds the
3 Contractor to the terms of this Agreement.
4 12.15 Electronic Signatures. The parties agree that this Agreement may be executed by
5 electronic signature as provided in this section.
6 (A) An "electronic signature" means any symbol or process intended by an individual
7 signing this Agreement to represent their signature, including but not limited to (1) a
8 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
9 electronically scanned and transmitted (for example by PDF document) version of an
10 original handwritten signature.
11 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
12 equivalent to a valid original handwritten signature of the person signing this Agreement
13 for all purposes, including but not limited to evidentiary proof in any administrative or
14 judicial proceeding, and (2) has the same force and effect as the valid original
15 handwritten signature of that person.
16 (C)The provisions of this section satisfy the requirements of Civil Code section
17 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
18 Part 2, Title 2.5, beginning with section 1633.1).
19 (D) Each party using a digital signature represents that it has undertaken and
20 satisfied the requirements of Government Code section 16.5, subdivision (a),
21 paragraphs (1) through (5), and agrees that each other party may rely upon that
22 representation.
23 (E) This Agreement is not conditioned upon the parties conducting the transactions
24 under it by electronic means and either party may sign this Agreement with an original
25 handwritten signature.
26 12.16 Counterparts. This Agreement may be signed in counterparts, each of which is an
27 original, and all of which together constitute this Agreement.
28 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Agreement on the date stated in the introductory clause.
2
UNIVERSITY OF CINCINNATI RESEARCH COUNTY OF FRESNO
3 INSTITUTE
Digitally signed by Patrick
4 Clark
Patrick Clark Date:2024.05.1414:37:40
5 -04'00'
Patrick Clark, Executive Director Nathan Magsig, Chairman of the Board of
6 Supervisors of the County of Fresno
51 Goodman Drive
7 University Hall, Suite 240, Attest:
Cincinnati, OH 45221-0222 Bernice E. Seidel, Clerk of the Board of
8 Supervisors
County of Fresno, State of California
9
10 By: _
Deputy
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For accounting use only:
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Org No.: 34309999/34409999
13 Account No.: 7295
Fund No.: 0001
14 Subclass No.: 10000
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Exhibit A
1 Scope of Services
2 Contractor shall provide a variety of training offerings, as well as evaluation, coaching,
3 and development options for the Department to select from during the course of this Agreement.
4 This will allow for different rates of progress, staff availability and shifting priorities. The list of
5 offerings in Exhibit B includes topics that may be selected by the Department over the term of
6 this Agreement to support these efforts.
7 In particular, Contractor shall provide the following services pursuant to the list of offerings in
8 Exhibit B:
9 • Continued delivery of training and technical assistance to support the continued
10 implementation of evidence-based practices within the Department.
11 • The Contractor will provide the development of curricula and programming to support the
12 JJC initiatives to provide a Secure Track for youth with serious adjudications and sexual
13 maladaptive behavior. This will include regular training in relevant individual and group
14 interventions and methods for managing behavior. Meetings will be held onsite at the
15 JJC; Contractor shall combine with trips pursuant to this Agreement with trips for other
16 training and technical assistance (TTA) agreements for the Department to reduce overall
17 travel costs. This means that Contractor's travel expenses for each trip shall be divided
18 among all Contractor's agreements for the Department, if Contractor is completing work
19 for several agreements per trip, on a proportional basis.
20 • The Contractor will provide guidance on the establishment, training, and technical
21 support for the development of a CQI system for Department units that includes the use
22 of learning teams and development of action plans towards administration-approved
23 target behaviors. This will include the participation in unit-based CQI meetings, advice
24 on CQI targets, measures, and methods for improved quality. Meetings and TTA will be
25 held onsite at the Department and the JJC, with trips combined with other TTA contracts
26 to reduce overall travel costs.
27 . The Contractor will provide on-going coaching and fidelity monitoring of the Department
28 implementation of evidence-based practices. This will include on-site observation and
A-1
Exhibit A
1 coaching of groups, individual appointments, and unit operations. In addition, the
2 Contractor will provide Effective Practices In Community Supervision (EPICS) feedback
3 through the coding of audio segments and direct coaching to the Department staff
4 member.
5 The Contractor will provide oversight and fidelity monitoring to approximately six (6)
6 community-based organizations contracted with the Department (CBO) that provide
7 services for the youth and adults. This will include regular observation of CBO staff
8 delivering services in groups, individual, and case management appointments.
9 Observations will include the completion of a fidelity tool and feedback and coaching on
10 adherence to the intervention delivered. Meetings will be held either onsite at the JJC or
11 at the CBO location, with trips combined with other TTA contracts to reduce overall
12 travel costs.
13 The Contractor will assist six (6) CBOs to develop an internal CQI process. The
14 Contractor will meet regularly with CBO personnel to provide technical assistance
15 (offsite and onsite) to introduce the CQI model, provide support for developing a CQI
16 infrastructure, and write and administer the agreed-upon plan. When meetings are held
17 at the JJC, trips will be combined with other TTA contracts to reduce overall travel costs.
18 The Contractor will conduct off-site work to design materials in collaboration with the
19 CBOs and the Department.
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A-2
Exhibit B
1 Compensation
2 The Contractor will be compensated for performance of its services under this
3 Agreement as provided in this Exhibit B. The Contractor is not entitled to any compensation
4 except as expressly provided in this Exhibit B.
5 In consultation with the Contractor, the Department will have the option to select from
6 the menu of services detailed on page B-2 based upon the Department's needs. The options
7 are available within a set number of trips per year to group services together to reduce travel
8 costs.
9
Technical Approximate
10 TRAINING OFF-SITE TA NUMBER OF Funded
11 (TA) DAYS
YEAR DAYS Assistance DAYS TRIPS Compensation
Amount
12 1 13 21 14 8 $158,150
2 9 30 5 9 $159,700
13 3 18 27 6 9 $189,550
4 20 5 2 6 $129,550
14 5 16 11 2 6 $116,550
15 Totals 76 94 29 38 $753,500
16 The proposed calendar of service delivery is subject to change, upon mutual agreement
17 of Contractor and County. Quantity of individual deliverables may change, based upon training,
18 coaching, and service needs. However, agreed-upon changes in timing or quantity of
19 deliverables shall not result in an increase to the annual or maximum contract compensation.
20 The training cost per service is a set rate regardless of the type of training or technical
21 assistance provided. The rate for these services is adjusted based on the travel expense per
22 trip. Travel expenses shall adhere to U.S. General Services Administration Per Diem rates.
23 Contractor shall maintain backup documentation, which shall be available to County if
24 requested. The Contractor shall make every effort to combine trainings and travel, as
25 appropriate, to keep travel costs to a minimum.
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B-1
Exhibit B
1 Field Services Training Costs
Assessment and Case Planning #in Class Training Days Total Cost Training Cost Travel Cost
2 Case Review Conference Model
Training on how to review client progress and develop a plan to address 12 1 $ 10,142.20 $ 5,142.20 $ 5,000.00
unmet needs.
3 Juvenile Justice Case Planning
-Training on the practice of collaborating with youth to set 20 2 $ 12,719.60 $ 7,719.60 $ 5,000 00
developmentally appropriate goals designed to lower their risk of
4 recidivism and improve their general well-being.
Juvenile Justice Case Planning Training of Trainers(ToT)(includes end-user)
5 -Training to prepare and observe County or County contractors to deliver 6 5 $ 20,451.80 $ 15,451.80 $ 5.000.00
the Juvenile Justice Case Planning.
Ohio Risk Assessment System(ORAS)
6 -Training to administer a structured interview and score the results of the 30 2 $ 12,719.60 $ 7,719.60 $ 5,000.00
ORAS risk assessment.
7 Ohio Youth Assessment System(OYAS)
Training to administer a structured interview and score the results of the 30 2 $ 12,719.60 $ 7,719.60 $ 5,000.00
OYAS risk assessment.
ORAS ToT(includes end-user)
-Trainingto train others on the ORAS. 6 5 $ 20,451.80 $ 15,451.80 $ 5,000.00
OYAS ToT(includes end-user) 6 5 $ 20,451.80 $ 15,451.80 $ 5,000.00
9 -Training to train others on the OYAS.
1 0 Probation Case Planning
Training on the practice of collaborating with persons on probation to 20 2 $ 12,719.60 $ 7,719.60 $ 5,000.00
reduce their risk of recidivism and improve their well-being.
11 Probation Case Planning ToT(includes end-user) 6 5 $ 20,451.80 $ 15,451.80 $ 5,000.00
-Training to train others on the Case Planning training.
Secondary Assessment Tools
12 -Training to administer secondary need assessment tools to determine 30 1 $ 10,142.20 $ 5,142.20 $ 5,000.00
the individualized needs of those on supervision.
13 Behavior Management #in Class Training Days Total Cost Training Cost Travel Cost
Behavioral Interventions for the Classroom
-This training is designed for teachers in the Juvenile Justice Campus to 20 2 $ 12,719.60 $ 7,719.60 $ 5,000.00
14 help provide guidance and consistency on how youth behavior is
managed.
Behavioral Interventions for the Secure Track Program
15 -This training is designed for staff in the Secure Track Program to 20 1 $ 10,142.20 $ 5,142.20 $ 5,000.00
support interventions for higher risk youth in managing their behavior on
the unit.
16 Behavior Management Principles
-This training is for staff and officers to support the effective use of the 20 2 $ 12,719.60 $ 7,719.60 $ 5,000.00
behavior management system designed by Fresno County Probation
17 De artment.
18 Use of Reinforcement,Disapproval and Authority
-This training provides the rationale and practice of the skills to reinforce, 15 1 $ 10,142.20 $ 5,142.20 $ 5,000.00
disapprove and use authority to guide behavior of those in the justice
19 system.
Programming(Individual Interventions) #in Class Training Days Total Cost Training Cost Travel Cost
Core Correctional Practices(CCP)20
This sessions is for those with a probation caseload or case managers 15 2 $ 12,719.60 $ 7,719.60 $ 5,000.00
that teach how to apply the core correctional practices during
21 appointments
CCP ToT(includes end-user) 6 5 $ 20,451.80 $ 15,451.80 $ 5,000.00
-Training to train others on Core Correctional Practices.
22 CCP Interactions(Individual and Milieu)
-This training is designed to provide advanced practice on how to apply 15 2 $ 12,719.60 $ 7,719.60 $ 5,000.00
the core correctional practices while meeting during appointments or
23 interacting informally with justice involved persons.
CCP Interactions ToT(individual version;includes end-user) 4 4 $ 17,874.40 $ 12,874.40 $ 5,000.00
-Training to train others on CCP Interactions.
24 Effective Practices in Community Supervision(EPICS)
-Training for probation officers on evidence-based strategies to manage 15 3 $ 15,297.00 $ 10,297.00 $ 5,000.00
25 their caseloads to reduce risk of recidivism.
26
27
28
B-2
Exhibit B
1 EPICS Coding
-Coding of audios is a way to provide feedback to officers on their use of NA NA $60.00/Audio
EPICS.
2 EPICS ToT(includes end-user) 6 8 $ 31,911.80 $ 24,411.80 $ 7,500.00
-Training to train others in EPICS.
Family Systems Trauma Certification Training Virtual Traning
3 -Training for masters level clinician(s)to work with the family of youth 1 $ 3,700.00 NA $ 3,700.00
who are transitionin from the facilityto their home community.
Modules
4 Motivational Interviewing(Beginning)
Training on the foundational principles(SPIRIT)and skills(OARS)of 20 2 $ 12,719.60 $ 7,719.60 $ 5,000.00
motivational interviewing.
5 Motivational Interviewing(Advanced)
-Training on the strategic use of Motivational Interviewing(MI)to increase 20 2 $ 12,719.60 $ 7,719.60 $ 5,000.00
6 change talk and build towards commitment for behavioral change.
Motivational Interviewing(Beginning)ToT(includes end-user) 6 5 $ 20,451.80 $ 15,451.80 $ 5,000.00
-Training to train others in Beginning MI.
7 Trauma-Informed Interventions
-Training to describe the impact of trauma on functioning and how to 20 1 $ 10,142.20 $ 5,142.20 $ 5,000.00
interact with those who may have a history of trauma to improve their
8 well-bein and a positive outcome.
Programming(Group Interventions) #in Class Training Days Total Cost Training Cost Travel Cost
9 Advanced Practice
-Training on how to practice core correctional practice in more advanced 8 2 $ 12,719.60 $ 7,719.60 $ 5,000.00
was and with more challenging scenarios.
10 Advanced Practice ToT(includes end-user) 4 4 $ 17,874.40 $ 12,874.40 $ 5,000.00
-Training others to train Advanced Practice.
Aggression Replacement Training
11 -Training in the delivery of a group curriculum to address aggression 9 3 $ 15,297.00 $ 10,297.00 $ 5,000.00
through anger control,interpersonal skills and moral reasoning.
Choices
12 -Training on the delivery of a group curriculum to teach the Core 9 2 $ 12,719.60 $ 7,719.60 $ 5,000.00
Correctional Practices.
13 Choices ToT 6 4 $ 17,874.40 $ 12,874.40 $ 5,000.00
Trainin to train others in Choices.
Cognitive Behavioral Interventions—Employment(CBI-EMP)
14 -Training on the delivery of a group curriculum to teach skills for 9 3 $ 15,297.00 $ 10,297.00 $ 5,000.00
motivation and keeping a'ob.
CBI—EMP ToT 6 4 $ 17,874.40 $ 12,874.40 $ 5,000.00
15 -Training others to train CBI-EMP.
Cognitive Behavioral Interventions for Substance Use(CBISU)
-Training on the delivery of a group curriculum to teach skills for changing 9 3 $ 15,297.00 $ 10,297.00 $ 5,000.00
16 substance use behavior.
CBISU ToT 6 4 $ 17,874.40 $ 12,874.40 $ 5,000.00
-Training others to train CBI-SU.
17 CCP Interactions(Group Facilitation version)
-Teaches strategies to encourage appropriate participation if structured 15 2 $ 12,719.60 $ 7,719.60 $ 5,000.00
18 groups.
19 CCP Interactions ToT(group version;includes end-user) 4 4 $ 17,874.40 $ 12,874.40 $ 5,000.00
-Teaches others to train CCP Interactions.
Epictetus Group
20 -Training on the delivery of a cognitive group to change criminal behavior. 8 2 $ 12,719.60 $ 7,719.60 $ 5,000.00
Epictetus ToT 6 3 $ 15,297.00 $ 10,297.00 $ 5,000.00
21 -Training others to train Epictetus Group.
Free Your Mind
-Training on the delivery of a group curriculum to teach skills for prosocial 8 3 $ 15,297.00 $ 10,297.00 $ 5,000.00
22 living.
Free Your Mind ToT 5 5 $ 20,451.80 $ 15,451.80 $ 5,000.00
-Training others to train Free Your Mind.
23 Free Your Mind Domain Training(per domain)
-Training on specific need area group sessions(Mental Toughness, 8 1 $ 10,142.20 $ 5,142.20 $ 5,000.00
Emotion Regulation,Substance Use
24 Free Your Mind Domain ToT 6 4 $ 17,874.40 $ 12,874.40 $ 5,000.00
-Training to train others on the FYM Domain Sessions
25 Gang Intervention Group
Training on a group curriculum to intervene with youth involved in a gang 8 2 $ 12,719.60 $ 7,719.60 $ 5,000.00
lifestyle.
26 Gang Intervention ToT 6 4 $ 17,874.40 $ 12,874.40 $ 5,000.00
-Training to train others on the Gang Intervention Group.
27
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B-3
Exhibit B
1 1 Decide
-Training on the delivery of a cognitive-behavioral intervention to treat 8 3 $ 15,297.00 $ 10,297.00 $ 5,000.00
youth with sexually malada tive behaviors.
2 1 Decide ToT 6 4 $ 17,874.40 $ 12,874.40 $ 5,000.00
-Training others to train the I Decide curriculum.
Positive Actions(online training)
3 -Positive Actions is a curriculum for teachers to deliver in the classroom Up to 15 varies $500/Hour
on a wide range of topics that addresses prosocial decision-making and
behaviors.Pricing for Train the Trainers:
4 Positive Actions(online training)
-Positive Actions is a curriculum for teachers to deliver in the classroom Up to 20 varies $400/Hour
5 on a wide range of topics that addresses prosocial decision-making and
behaviors.Pricing for Orientation:
Social Skills Group 15 1 $ 10,142.20 $ 5,142.20 $ 5,000.00
6 -Training on how to teach social skills in a group setting.
Social Skills Group ToT(includes end-user) 6 2 $ 12,719.60 $ 7,719.60 $ 5,000.00
-Training to teach others to facilitate a social skills group.
7 EBP and Continuous Quality Improvement/Evaluation #in Class Training Days Total Cost Training Cost Travel Cost
Booster Training(any intervention)
8 -This is a customized training on any topic on this roster delivered to a varies 1 $ 10,142.20 $ 5,142.20 $ 5,000.00
group of participants that had the training and need a refresher or
additional practice in using the content.
9 Correctional Program Assessment Inventory(CPAI)
•CPAI is a comprehensive,evidence-based assessment that is completed NA varies varies $3,000/day $ 5,000.00
1 0 on a program or agency to identify their congruence with the practices of
effective intervention and provides recommendations for improvements.
Continuous Quality Improvement for Agencies
11 -Training to develop a CQI system to modify systems and support staff 10 2 $ 12,719.60 $ 7,719.60 $ 5,000.00
use of evidence-based approaches
Introduction to Fresno County Probation CQI Plan 25 1 $ 10,142.20 $ 5,142.20 $ 5,000.00
12 -An introduction to the Department CQI Plan for new staff.
Introduction to Department CQI Plan ToT(includes end user) 6 3 $ 15,297.00 $ 10,297.00 $ 5,000.00
13 -Trainingfor others to Train on the Department CQI Plan.
Observation Tools(Group,Risk Assessment,EPICS coding,etc.)
-Training on various fidelity tools and how to utilize them to provide staff 14 1 $ 10,142.20 $ 5,142.20 $ 5,000.00
14 feedback and coaching.
On-site Observation and TA
-On-site observation of interactions and groups to provide guidance to NA NA varies $3,000/day $ 5,000.00
15 staff and administration on how to improve fidelity and adherence to
evidence-based practices.
16 Off-site TA (review or development of documents, virtual observation, or
meeting attendance) NA NA vanes $1,500/day NA
-Written or oral communication to support the objectives set by the
17 Department.
What Works in Reducing Recidivism
-Training for stakeholders and staff on the principles for effective unlimited 1 $ 10,142.20 $ 5,142.20 $ 5,000.00
18 intervention to reduce recidivism.
*EPICS Coding is a per audio charge.
19 **Each training day is b hours, unless otherwise specified.
*** Training days are formal classroom training.TTA days include doing observations and coaching,
20 and attending meetings.
21
22
23
24
25
26
27
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B-4
Exhibit C
1 Self-Dealing Transaction Disclosure Form
2 In order to conduct business with the County of Fresno ("County"), members of a
contractor's board of directors ("County Contractor"), must disclose any self-dealing transactions
3 that they are a party to while providing goods, performing services, or both for the County. A
4 self-dealing transaction is defined below:
5 "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."
6 The definition above will be used for purposes of completing this disclosure form.
7 Instructions
8 (1) Enter board member's name, job title (if applicable), and date this disclosure is being
9 made.
10 (2) Enter the board member's company/agency name and address.
11 (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:
12 a. The name of the agency/company with which the corporation has the transaction;
13 and
14 b. The nature of the material financial interest in the Corporation's transaction that
the board member has.
15
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
16 provisions of the Corporations Code.
17 The form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
18
19
20
21
22
23
24
25
26
27
28
C-1
Exhibit C
1 (1) Company Board Member Information:
2 Name: Date:
3 Job Title:
4 (2) Company/Agency Name and Address:
5
6
7
8
9 (3) Disclosure (Please describe the nature of the self-dealing transaction you are a
10 party to)
11
12
13
14
15
16 (4) Explain why this self-dealing transaction is consistent with the requirements of
Corporations Code § 5233 (a)
17
18
19
20
21
22
23 (5) Authorized Signature
24 Signature: Date:
25
26
27
28
C-2
Exhibit D
Insurance Requirements
1. Required Policies
Without limiting the County's right to obtain indemnification from the Contractor or any third
parties, Contractor, at its sole expense, shall maintain in full force and effect the following
insurance policies throughout the term of this Agreement.
(A) Commercial General Liability. Commercial general liability insurance with limits of not
less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of
Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.
Coverage must include products, completed operations, property damage, bodily injury,
personal injury, and advertising injury. The Contractor shall obtain an endorsement to
this policy naming the County of Fresno, its officers, agents, employees, and volunteers,
individually and collectively, as additional insureds, but only insofar as the operations
under this Agreement are concerned. Such coverage for additional insureds will apply as
primary insurance and any other insurance, or self-insurance, maintained by the County
is excess only and not contributing with insurance provided under the Contractor's
policy.
(B) Automobile Liability. Automobile liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages.
Coverage must include any auto used in connection with this Agreement.
(C)Workers Compensation. Workers compensation insurance as required by the laws of
the State of California with statutory limits.
(D) Employer's Liability. Employer's liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for disease.
(E) Professional Liability. Professional liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million
Dollars ($2,000,000). If this is a claims-made policy, then (1)the retroactive date must
be prior to the date on which services began under this Agreement; (2)the Contractor
shall maintain the policy and provide to the County annual evidence of insurance for not
less than five years after completion of services under this Agreement; and (3) if the
policy is canceled or not renewed, and not replaced with another claims-made policy
with a retroactive date prior to the date on which services begin under this Agreement,
then the Contractor shall purchase extended reporting coverage on its claims-made
policy for a minimum of five years after completion of services under this Agreement.
(F) Cyber Liability. Cyber liability insurance with limits of not less than Two Million Dollars
($2,000,000) per occurrence. Coverage must include claims involving Cyber Risks. The
cyber liability policy must be endorsed to cover the full replacement value of damage to,
alteration of, loss of, or destruction of intangible property (including but not limited to
information or data) that is in the care, custody, or control of the Contractor.
Definition of Cyber Risks. "Cyber Risks" include but are not limited to (i) Security
Breach, which may include Disclosure of Personal Information to an Unauthorized Third
Party; (ii) data breach; (iii) breach of any of the Contractor's obligations under this
Agreement; (iv) system failure; (v) data recovery; (vi) failure to timely disclose data
D-1
Exhibit D
breach or Security Breach; (vii) failure to comply with privacy policy; (viii) payment card
liabilities and costs; (ix) infringement of intellectual property, including but not limited to
infringement of copyright, trademark, and trade dress; (x) invasion of privacy, including
release of private information; (xi) information theft; (xii) damage to or destruction or
alteration of electronic information; (xiii) cyber extortion; (xiv) extortion related to the
Contractor's obligations under this Agreement regarding electronic information, including
Personal Information; (xv)fraudulent instruction; (xvi) funds transfer fraud; (xvii)
telephone fraud; (xviii) network security; (xix) data breach response costs, including
Security Breach response costs; (xx) regulatory fines and penalties related to the
Contractor's obligations under this Agreement regarding electronic information, including
Personal Information; and (xxi) credit monitoring expenses.
2. Additional Requirements
(A) Verification of Coverage. Within 30 days after the Contractor signs this Agreement,
and at any time during the term of this Agreement as requested by the County's Risk
Manager or the County Administrative Office, the Contractor shall deliver, or cause its
broker or producer to deliver, to the County Risk Manager, at 2220 Tulare Street, 16th
Floor, Fresno, California 93721, or HRRiskManagement@fresnocountyca.gov, and by
mail or email to the person identified to receive notices under this Agreement,
certificates of insurance and endorsements for all of the coverages required under this
Agreement.
(i) Each insurance certificate must state that: (1) the insurance coverage has been
obtained and is in full force; (2) the County, its officers, agents, employees, and
volunteers are not responsible for any premiums on the policy; and (3) the
Contractor has waived its right to recover from the County, its officers, agents,
employees, and volunteers any amounts paid under any insurance policy
required by this Agreement and that waiver does not invalidate the insurance
policy.
(ii) The commercial general liability insurance certificate must also state, and include
an endorsement, that the County of Fresno, its officers, agents, employees, and
volunteers, individually and collectively, are additional insureds insofar as the
operations under this Agreement are concerned. The commercial general liability
insurance certificate must also state that the coverage shall apply as primary
insurance and any other insurance, or self-insurance, maintained by the County
shall be excess only and not contributing with insurance provided under the
Contractor's policy.
(iii) The automobile liability insurance certificate must state that the policy covers any
auto used in connection with this Agreement.
(iv) The professional liability insurance certificate, if it is a claims-made policy, must
also state the retroactive date of the policy, which must be prior to the date on
which services began under this Agreement.
(B) Acceptability of Insurers. All insurance policies required under this Agreement must be
issued by admitted insurers licensed to do business in the State of California and
D-2
Exhibit D
possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no
less than A: VI I.
(C) Notice of Cancellation or Change. For each insurance policy required under this
Agreement, the Contractor shall provide to the County, or ensure that the policy requires
the insurer to provide to the County, written notice of any cancellation or change in the
policy as required in this paragraph. For cancellation of the policy for nonpayment of
premium, the Contractor shall, or shall cause the insurer to, provide written notice to the
County not less than 10 days in advance of cancellation. For cancellation of the policy
for any other reason, and for any other change to the policy, the Contractor shall, or shall
cause the insurer to, provide written notice to the County not less than 30 days in
advance of cancellation or change. The County in its sole discretion may determine that
the failure of the Contractor or its insurer to timely provide a written notice required by
this paragraph is a breach of this Agreement.
(D) County's Entitlement to Greater Coverage. If the Contractor has or obtains insurance
with broader coverage, higher limits, or both, than what is required under this
Agreement, then the County requires and is entitled to the broader coverage, higher
limits, or both. To that end, the Contractor shall deliver, or cause its broker or producer
to deliver, to the County's Risk Manager certificates of insurance and endorsements for
all of the coverages that have such broader coverage, higher limits, or both, as required
under this Agreement.
(E) Waiver of Subrogation. The Contractor waives any right to recover from the County, its
officers, agents, employees, and volunteers any amounts paid under the policy of
worker's compensation insurance required by this Agreement. The Contractor is solely
responsible to obtain any policy endorsement that may be necessary to accomplish that
waiver, but the Contractor's waiver of subrogation under this paragraph is effective
whether or not the Contractor obtains such an endorsement.
(F) County's Remedy for Contractor's Failure to Maintain. If the Contractor fails to keep
in effect at all times any insurance coverage required under this Agreement, the County
may, in addition to any other remedies it may have, suspend or terminate this
Agreement upon the occurrence of that failure, or purchase such insurance coverage,
and charge the cost of that coverage to the Contractor. The County may offset such
charges against any amounts owed by the County to the Contractor under this
Agreement.
(G)Subcontractors. The Contractor shall require and verify that all subcontractors used by
the Contractor to provide services under this Agreement maintain insurance meeting all
insurance requirements provided in this Agreement. This paragraph does not authorize
the Contractor to provide services under this Agreement using subcontractors.
D-3