HomeMy WebLinkAboutAgreement A-25-487.pdf Agreement No. 25-487
STANDARD AGREEMENT rev Dec.2023
AGREEMENT NUMBER
1-2024-DUI-0
1. In this agreement ("Agreement"),the term "Contractor" and "County" refers to County of Fresno,and
the term "Court" refers to the Superior Court of California, County of Fresno.
2. This Agreement is effective as of October 1,2025 ("Effective Date") and expires on September 30,2026
("Expiration Date"). This Agreement includes one or more options to extend through September 30,
2030.
3. The maximum amount the Court may pay Contractor under this Agreement is $418,125.00 (the
"Contract Amount") for the initial term. If options are exercised, the Contract Amount will be revised
accordingly.
4. The purpose or title of this Agreement is: DUI Treatment Court Staffing.
The purpose or title listed above is for administrative reference only and does not define, limit, or
construe the scope or extent of this Agreement.
5. The parties agree that this Agreement, made up of this coversheet, the appendixes listed below, and
any attachments, contains the parties' entire understanding related to the subject matter of this
Agreement, and supersedes all previous proposals, both oral and written, negotiations,
representations,commitments,writing and all other communications between the parties.
Appendix A-Scope of Services
Appendix B-Payment Provisions
Appendix C-General Provisions
Appendix D-Defined Terms
Appendix E-State of California-Office of Traffic Safety Requirements
Appendix F- Unruh Civil Rights Act and FEHA Certification
COURT'S SIGNATURE CONTRACTOR'S SIGNATURE
CONTRACTOR'S NAME lit Contractor is not an individual person, state
whether Contractor is a corporation, partnership, etc., and the state o
territory where Contractor is organized)
Superior Court of California, County of Fresno County of Fresno
BY)Authorized Signature) BY(Autho^zed Signature)
r
le4W J"
PRINTED NAME AND TITLE OF PERSON SIGNING PIRINTED NAME AND TITLE OF PERSON IGNING
Leanne Le Mon, Acting Presiding Judge Ernest Buddy Mendes, Chairman
Board of Supervisors of the County of Fresno
DATE EXECUTED DATE EXECUTED
8/21/2025 9'-073-oYoa S
ADDRESS ADDRESS
1100 Van Ness Avenue 2281 Tulare Street
Fresno, CA 93724-0002 Fresno, CA 93721
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County of Fresno,State of California
By eputy
rev.Dec.2023
APPENDIX A
Scope of Services
1. Background and Purpose. Fresno County has a high number of Driving While Impaired (DWI)
or Driving Under the Influence (DUI) cases. In order to prevent recidivism, the DUI Treatment
Court (DUI Court or Program) hopes to provide treatment rather than incarceration for
defendants in these cases. Defendants who wish to enter DUI Court must agree to plead guilty
or no contest to their DUI criminal charges. Once the DUI Court accepts their pleas,
defendants are sentenced and enter the DUI Court.
The DUI Court will take a minimum of 12 months to complete and consist of two tracks.
Participants will attend DUI Court regularly, engage in substance use disorder treatment and
mental health therapy, as needed, attend self-help groups such as Narcotics
Anonymous/Alcoholics Anonymous, check in with their probation officers regularly, and
participate in frequent drug testing. The frequency of treatment sessions and DUI Court
appearances in each track is based on the individual participant's progress or relapse.
The Court and County will each provide staff to assist in the success of this Program. The Court
will provide one part-time staff, the DUI Court Coordinator. The County Department of
Behavioral Health (DBH) will provide one part-time Community Mental Health Specialist and
one full-time Substance Abuse Specialist. The Probation Department will provide two full-time
Deputy Probation Officers. Probation Department staff will report directly to the Assistant
Deputy Chief Probation Officer of the Drug Suppression Unit and the Adult Probation Services
Deputy Chief Probation Officer.
2. Services.
2.1 Description of Services. Contractor shall perform the following Services:
A. The DBH Case Management staff (Community Mental Health Specialist "CMHS" and
Substance Abuse Specialist "SAS") shall be responsible for:
• Assisting participants in removing barriers to achieving sobriety and meeting the
requirements of participating in the DUI Court;
• Administering the DUI-RANT (Risk And Needs Triage) assessment tool to determine
participants' treatment, social service, transportation, and other needs;
• Actively engaging and maintaining Program participants and their families in
restorative services;
• Working with the DUI Court Coordinator and the Deputy Probation Officer to
keep the DUI Court continuously apprised of participants' status;
• Conducting Program intakes and substance use screens for new participants
entering the DUI Court;
• Coordinating referrals to mental health and substance use treatment, wrap
around services, and other supportive programs as indicated;
• Attending and participating in DUI Court review hearings and pre-court
meetings;
• Participating in DUI Court development activities that increase access and
remove barriers for DUI Court participants that need substance use disorder and
mental health rehabilitative treatment and support services;
• Collaborating with Program partners in developing and maintaining the
infrastructure and growth of DUI Court;
• Establishing and maintaining confidential electronic, web-based or hard copy
case files for DUI Court participants for purposes of case management and
outcome tracking;
• Providing written results to the DUI Court from the DUI-RANT assessment tool;
rev.Dec.2023 A-1
• Monitoring emailed reports for compliance with abstinence from drug and
alcohol use through the use of an alcohol monitoring device. Collaborating with
Probation and the DUI Court on remediation strategies for non-compliance; and
• Providing post-graduation resources and linkages to aftercare services to ensure
that graduates can continue using community programs for assistance with
housing,job search/training and improved family relationships.
B. The assigned Deputy Probation Officer ("DPO") staff will be responsible for conducting
the probation supervision aspect of the DUI Court. The DPO staff shall be responsible for
the following Services:
• Monitoring activities and whereabouts of Program participants and other
pertinent information regarding well-being, life events and stability;
• Participating in DUI Court activities and meetings;
• Working in collaboration with local law enforcement agencies, other
governmental agencies, and community-based organizations towards the
success of the Program;
• Representing the Probation Department in DUI Court proceedings;
• Preparing DUI Court reports, correspondence, and maintaining Probation
records;
• Acting as a resource or source of support to Program participants and providing
informal counseling and guidance;
• Installing and supervising participants on alcohol monitoring equipment;
• Testing participants for substance use as necessary;
• Conducting field work including home contacts, searches, warrant service, and
multi-agency operations;
• Enforcing the orders of the DUI Court and conditions of probation, including using
sanctions and rewards correlating to participant compliance;
• Monitoring compliance with abstinence from drug and alcohol use through the
use of an alcohol monitoring device, as agreed upon by the collaborative team;
• Monitor compliance with DUI Court ordered home detention through the use of
GPS (Global Positioning System) as agreed upon by the collaborative team; and
• Conducting related work as directed by the Chief Probation Officer or designee.
2.2 Description of Deliverables. Contractor shall deliver to the Court the following work
products ("Deliverables"):
• Written reports the DUI Court deems necessary for Program assessment and the
participant's success in the Program.
A. The DBH Case Management staff will be responsible for:
• Substance Abuse Specialist ("SAS") will be responsible for reporting DUI-RANT
results;
• Community Mental Health Specialist ("CMHS") will complete quarterly reports
that include, but are not limited to, details and statistics on engagement with
participants, referrals offered, and aftercare services.
B. The assigned Deputy Probation Officer ("DPO") staff will be responsible for:
• Violation of Probation reports;
• Quarterly reports that include, but are not limited to, details and statistics on
engagement with participants and referrals offered.
rev Dec.2023 A-2
2.3 Acceptance Criteria. The Services and Deliverables must meet the following
acceptance criteria or the Court may reject the applicable Services or Deliverables.
Contractor will not be paid for any rejected Services or Deliverables.
• Contractor will attend all meetings and DUI Court dates, as scheduled, as well as
report on the Services as provided above;
• Contractor shall ensure only those staff that are assigned duties pursuant to this
Agreement perform those duties. Contractor shall provide written notice to the DUI
Court of any changes to the staff assigned; and
• Contractor shall provide written reports by due dates, as required by the DUI Court.
2.4 Project Managers. The Court's project manager is:The Collaborative Court Coordinator.
The Court may change its project manager at any time upon notice to Contractor
without need for an amendment to this Agreement. Contractor's project managers
are:The Director of the Department of Behavioral Health and the Chief Probation Officer.
Subject to written approval by the Court, Contractor may change its project manager
without need for an amendment to this Agreement.
2.5 Service Warranties. Contractor warrants that: (i) the Services will be rendered with
promptness and diligence and will be executed in a workmanlike manner, in
accordance with the practices and professional standards used in well-managed
operations performing services similar to the Services; and (ii) Contractor will perform the
Services in the most cost-effective manner consistent with the required level of quality
and performance. Contractor warrants that each Deliverable will conform to and
perform in accordance with the requirements of this Agreement and all applicable
specifications and documentation.
2.6 Resources. Contractor is responsible for providing any and all facilities, materials and
resources (including personnel, equipment and software) necessary and appropriate
for performance of the Services and to meet Contractor's obligations under this
Agreement.
2.7 Commencement of Performance. This Agreement is of no force and effect until signed
by both parties and all Court-required approvals are secured. Any commencement of
performance prior to Agreement approval shall be at Contractor's own risk.
2.8 Stop Work Orders.
A. The Court may, at any time, by Notice to Contractor, require Contractor to stop all
or any part of the Services for a period of up to ninety (90) days after the Notice is
delivered to Contractor, and for any further period to which the parties may agree
("Stop Work Order"). The Stop Work Order shall be specifically identified as such
and shall indicate it is issued under this provision. Upon receipt of the Stop Work
Order, Contractor shall immediately comply with its terms and take all reasonable
steps to minimize the incurrence of costs allocable to the Services covered by the
Stop Work Order during the period of stoppage. Within ninety (90) days after a Stop
Work Order is delivered to Contractor, or within any extension of that period to
which the parties shall have agreed, the Court shall either (i) cancel the Stop Work
Order;or (ii) terminate the Services covered by the Stop Work Order as provided for
in this Agreement.
B. If a Stop Work Order issued under this provision is canceled or the period of the Stop
Work Order or any extension thereof expires, Contractor shall resume the
performance of Services. The Court shall make an equitable adjustment in the
delivery schedule, the Contract Amount, or both, and the Agreement shall be
modified, in writing, accordingly, if:
rev Dec.2023 A-3
i. The Stop Work Order results in an increase in the time required for, or in
Contractor's cost properly allocable to the performance of any part of this
Agreement; and
ii. Contractor requests an equitable adjustment within thirty (30) days after the
end of the period of stoppage; however, if the Court decides the facts justify the
action, the Court may receive and act upon a proposal submitted at any time
before final payment under this Agreement.
C. The Court shall not be liable to Contractor for loss of profits because of a Stop Work
Order issued under this provision.
3. Acceptance or Rejection. All Services and Deliverables are subject to acceptance by the
Court. The Court may reject any Services or Deliverables that (i) fail to meet applicable
acceptance criteria, (ii) are not as warranted, or (iii) are performed or delivered late (without
prior consent by the Court). If the Court rejects any Service or Deliverable (other than for late
performance or delivery), Contractor shall modify such rejected Service or Deliverable at no
expense to the Court to correct the relevant deficiencies and shall redeliver such Service or
Deliverable to the Court within ten (10) business days after the Court's rejection, unless
otherwise agreed in writing by the Court. Thereafter, the parties shall repeat the process set
forth in this section until the Court accepts such corrected Service or Deliverable. The Court
may terminate that portion of this Agreement which relates to a rejected Service or
Deliverable at no expense to the Court if the Court rejects that Service or Deliverable (i) for
late performance or delivery, or (ii) on at least two (2) occasions for other deficiencies.
4. Federal Contract Requirements. During the performance of this contract/funding agreement,
the contractor/funding recipient agrees to comply with Appendix E.
rev Dec.2023 A-4
APPENDIX B
Payment Provisions
1. General. Subject to the terms of this Agreement, Contractor shall invoice the Court, and the
Court shall compensate Contractor, as set forth in this Appendix B. The amounts specified in
this Appendix shall be the total and complete compensation to be paid to Contractor for its
performance under this Agreement. Contractor shall bear, and the Court shall have no
obligation to pay or reimburse Contractor for, any and all other fees, costs, profits, taxes or
expenses of any nature that Contractor incurs.
2. Compensation for Services.
2.1 Amount. Contractor will invoice the following amounts for Services or Deliverables that
the Court has accepted, those annual amounts Not To Exceed:
Department of Behavioral Health (DBH) $202,499.00
Community Mental Health Specialist-Salary $38,625.00
Community Mental Health Specialist- Benefits $28,401.00
Substance Abuse Specialist-Salary $75,171.00
Substance Abuse Specialist- Benefits $60,302.00
Probation Department $215,626.00
Deputy Probation Officer-Salary $109,200.00
Deputy Probation Officer- Benefits $106,426.00
2.2 No Advance Payment. The Court will not make any advance payment for Services.
3. Expenses. No expenses relating to the Services, and Deliverables shall be reimbursed by the
Court.
4. Invoicing and Payment
4.1 Invoicing. Contractor shall submit invoices for Actual work to the Court in arrears no
more frequently than monthly. Contractor's invoices must include information and
supporting documentation acceptable to the Court. Contractor shall adhere to
reasonable billing guidelines issued by the Court from time to time.
4.2 Payment. The Court will pay each correct, itemized invoice received from Contractor
after acceptance of the applicable Services or Deliverables, in accordance with the
terms of this Agreement.
Notwithstanding any provision in this Agreement to the contrary, payments to
Contractor are contingent upon the timely and satisfactory performance of
Contractor's obligations under this Agreement.
4.3 No Implied Acceptance. Payment does not imply acceptance of Contractor's invoice,
Services, or Deliverables. Contractor shall immediately refund any payment made in
error. The Court shall have the right at any time to set off any amount owing from
Contractor to the Court against any amount payable by the Court to Contractor under
this Agreement.
5. Taxes. Unless otherwise required by law, the Court is exempt from federal excise taxes and no
payment will be made for any personal property taxes levied on Contractor or on any taxes
levied on employee wages. The Court shall only pay for any state or local sales, service, use,
or similar taxes imposed on the Services rendered or equipment, parts or software supplied to
the Court pursuant to this Agreement.
rev Dec.2023 B-t
6. Budget Modification. Changes to salary and benefits by County department,shall not exceed
10%of the total maximum amount payable to the County department as identified in Section
2.1 of this Agreement, and may only be made with the written approval of the appropriate
County Director or designee and the Court. Changes to the salary and benefits shall not result
in any changes to the maximum amount payable to each department and to the County, as
set forth in this Agreement.
rev 5-04-15 B-2
APPENDIX C
General Provisions
1. Provisions Applicable to Services
1.1 Qualifications. Contractor shall assign to this project only persons who have sufficient
training, education, and experience to successfully perform Contractor's duties. If the
Court is dissatisfied with any of Contractor's personnel, for any or no reason, Contractor
shall replace them with qualified personnel.
1.2 Turnover. Contractor shall endeavor to minimize turnover of personnel Contractor has
assigned to perform Services.
1.3 Background Checks. Contractor shall cooperate with the Court if the Court wishes to
perform any background checks on Contractor's personnel by obtaining, at no
additional cost, all releases, waivers, and permissions the Court may require. Contractor
shall not assign personnel who refuse to undergo a background check. Contractor shall
provide prompt notice to the Court of (i) any person who refuses to undergo a
background check,and (ii) the results of any background check requested by the Court
and performed by Contractor.Contractor shall ensure that the following persons are not
assigned to perform services for the Court: (a) any person refusing to undergo such
background checks, and (b) any person whose background check results are
unacceptable to Contractor or that, after disclosure to the Court, the Court advises are
unacceptable to the Court.
2. Contractor Certification Clauses. Contractor certifies that the following representations and
warranties are true. Contractor shall cause its representations and warranties to remain true
during the Term. Contractor shall promptly notify the Court if any representation and/or
warranty becomes untrue. Contractor represents and warrants as follows:
2.1 Authority. Contractor has authority to enter into and perform its obligations under this
Agreement, and Contractor's signatory has authority to bind Contractor to this
Agreement.
2.2 Not an Expatriate Corporation. Contractor is not an expatriate corporation or subsidiary
of an expatriate corporation within the meaning of PCC 10286.1, and is eligible to
contract with the Court.
2.3 No Gratuities. Contractor has not directly or indirectly offered or given any gratuities (in
the form of entertainment,gifts,or otherwise),to any Court Personnel with a view toward
securing this Agreement or securing favorable treatment with respect to any
determinations concerning the performance of this Agreement.
2.4 No Conflict of Interest.To the best of Contractor's knowledge, Contractor has no interest
that would constitute a conflict of interest under PCC 10365.5, 10410 or 1041 1;
Government Code sections 1090 et seq.or 87100 et seq.;or California Rules of Court, rule
10.103 or 10.104, which restrict employees and former employees from contracting with
Judicial Branch Entities.
2.5 No Interference with Other Contracts. To the best of Contractor's knowledge, this
Agreement does not create a material conflict of interest or default under any of
Contractor's other contracts.
rev Dec.2023 C-1
2.6 No Litigation.To the best of Contractor's knowledge, no suit, action, arbitration, or legal,
administrative, or other proceeding or governmental investigation is pending or
threatened that may adversely affect Contractor's ability to perform the Services.
2.7 Compliance with Laws Generally. To the best of Contractor's knowledge, Contractor
complies in all material respects with all federal, state, and local laws, rules, and
regulations in regards to its actions under this Agreement.
2.8 Drug Free Workplace. Contractor provides a drug free workplace as required by
California Government Code sections 8355 through 8357.
2.9 No Harassment. Contractor does not engage in unlawful harassment, including sexual
harassment, with respect to any persons with whom Contractor may interact in the
performance of this Agreement, and Contractor takes all reasonable steps to prevent
harassment from occurring.
2.10 Noninfringement. To the best of Contractor's knowledge, the Services and Deliverables,
and Contractor's performance under this Agreement do not infringe, or constitute an
infringement, misappropriation or violation of,any third party's intellectual property right.
2.11 Nondiscrimination. Contractor complies with the federal Americans with Disabilities Act
(42 U.S.C. 12101 et seq.), and California's Fair Employment and Housing Act
(Government Code sections 12990 et seq.) and associated regulations (Code of
Regulations, title 2, sections 7285 et seq.). Contractor does not unlawfully discriminate
against any employee or applicant for employment because of age (40 and over),
ancestry, color, creed, disability (mental or physical) including HIV and AIDS, marital or
domestic partner status, medical condition (including cancer and genetic
characteristics),national origin,race,religion,request for family and medical care leave,
sex (including gender and gender identity), and sexual orientation. Contractor will notify
in writing each labor organization with which Contractor has a collective bargaining or
other agreement of Contractor's obligations of nondiscrimination.
2.12 National Labor Relations Board Orders. To the best of Contractor's knowledge, no more
than one, final unappealable finding of contempt of court by a federal court has been
issued against Contractor within the immediately preceding two-year period because
of Contractor's failure to comply with an order of a federal court requiring Contractor to
comply with an order of the National Labor Relations Board. Contractor swears under
penalty of perjury that this representation is true.
3. Insurance. Both parties shall maintain,at their sole expense,insurance policies,applicable self-
insurance program or litigation management program including, but not limited to, an
insurance pooling arrangement, and ensure sufficient coverage for liabilities that may arise
from services provided under this Agreement. A self-insurance program or litigation
management program does not limit either party's liability to the other party, or limit either
party's right to seek indemnification from the other party in accordance with the terms and
conditions of this Agreement. Each party shall provide evidence of insurance, certificates of
insurance, or other similar documentation if requested by the other party.
4. Indemnity. Each party to this Agreement ("Indemnifying Party") agrees to indemnify, save,
hold harmless, and at the other party's ("Indemnified Party") request, defend the Indemnified
Party, its officers, agents, and employees from any and all costs and expenses (including
attorney's fees and costs), fines, penalties, damages, liabilities, claims, and losses occurring or
resulting to the Indemnified Party in connection with the performance, or failure to perform,
by the Indemnifying Party, 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
rev Dec.2023 C-2
or damaged by the performance, or failure to perform, of the Indemnifying Party, its officers,
agents, or employees under this Agreement. This indemnity will survive the termination or
expiration of this Agreement.
5. Option Term. Unless Section 2 of the Coversheet indicates that an Option Term is not
applicable, the parties may extend this Agreement for up to four (4) one-year terms, at the
end of which Option Terms this Agreement shall expire. In order to exercise this Option Term,
the Court must send Notice to Contractor at least thirty (30) days prior to the end of the Initial
Term, the Notice of which will be accepted and countersigned by Contractor. The Chief
Probation Officer or his/her designee and the Director of Behavioral Health or his/her designee
is authorized to execute such written approval on behalf of the County.
6. Termination
6.1 Termination for Convenience. Either party may terminate, in whole or in part, this
Agreement for convenience upon sixty (60) days prior Notice. After receipt of such
Notice, and except as otherwise directed by the Court, the party receiving the Notice
shall immediately: (a) stop Services as specified in the Notice.
6.2 Termination for Cause. Either party may terminate this Agreement, in whole or in part,
immediately "for cause" if (i) the non-terminating party fails or is unable to meet or
perform any of its duties under this Agreement, and this failure is not cured within ten (10)
days following Notice of default (or in the opinion of the terminating party is not capable
of being cured within this cure period); (ii) the non-terminating party makes or has made
under this Agreement any representation, warranty, or certification that is or was
incorrect, inaccurate, or misleading.
6.3 Termination for Changes in Budget or Law. The Court's payment obligations under this
Agreement are subject to annual appropriation and the availability of funds. Expected
or actual funding may be withdrawn, reduced, or limited prior to the expiration or other
termination of this Agreement. Funding beyond the current appropriation year is
conditioned upon appropriation of sufficient funds to support the activities described in
this Agreement. The Court may terminate this Agreement or limit Contractor's Services
(and reduce proportionately Contractor's fees) upon Notice to Contractor without
prejudice to any right or remedy of the Court if: (i) expected or actual funding to
compensate Contractor is withdrawn, reduced or limited; or (ii) the Court determines
that Contractor's performance under this Agreement has become infeasible due to
changes in applicable laws.
6.4 Rights and Remedies of the COURT.
A. Nonexclusive Remedies. All remedies provided in this Agreement may be exercised
individually or in combination with any other available remedy. Contractor shall
notify the Court immediately if Contractor is in default, or if a third party claim or
dispute is brought or threatened that alleges facts that would constitute a default
under this Agreement. If Contractor is in default, the Court may do any of the
following: (i) withhold all or any portion of a payment otherwise due to Contractor,
and exercise any other rights of setoff as may be provided in this Agreement or any
other agreement between a Judicial Branch Entity and Contractor; (ii) require
Contractor to enter into nonbinding mediation; (iii) exercise, following Notice, the
Court's right of early termination of this Agreement as provided herein; and (iv) seek
any other remedy available at law or in equity.
B. Delivery of Materials. In the event of any expiration or termination of this Agreement,
Contractor shall promptly provide the Court with all originals and copies of the
Deliverables,including any partially-completed Deliverables-related work product or
rev Dec.2023 C-3
materials, and any Court-provided materials in its possession, custody, or control. In
the event of any termination of this Agreement, the Court shall not be liable to
Contractor for compensation or damages incurred as a result of such termination;
provided that if the Court's termination is not for cause, the Court shall pay any fees
due under this Agreement for Services performed or Deliverables completed and
accepted as of the date of the Court's termination Notice.
6.5 Survival. Termination or expiration of this Agreement shall not affect the rights and
obligations of the parties which arose prior to any such termination or expiration (unless
otherwise provided herein) and such rights and obligations shall survive any such
termination or expiration. Rights and obligations which by their nature should survive shall
remain in effect after termination or expiration of this Agreement, including any section
of this Agreement that states it shall survive such termination or expiration.
7. Assignment and Subcontracting. Contractor may not assign or subcontract its rights or duties
under this Agreement, in whole or in part, whether by operation of law or otherwise, without
the prior written consent of the Court. Consent may be withheld for any reason or no reason.
Any assignment or subcontract made in contravention of the foregoing shall be void and of
no effect. Subject to the foregoing, this Agreement will be binding on the parties and their
permitted successors and assigns.
8. Notices. Notices must be sent to the following address and recipient:
If to Court: If to the Contractor:
Court Executive Officer Chief Probation Officer
1 100 Van Ness Avenue, 81" Floor 3333 E. American Avenue
Fresno, CA 93724-0002 Fresno, CA 93725-9248
With a copy to: With a copy to:
Director of Court Operations Director of Behavioral Health & Public Guardian
County of Fresno Department of Behavioral Health
And 1925 E. Dakota Avenue
Fresno, CA 93726
Collaborative Court Coordinator
Either party may change its address for Notices by giving the other party Notice of the new
address in accordance with this section. Notices will be considered to have been given at the
time of actual delivery in person, three (3) days after deposit in the mail as set forth above, or one
(1) day after delivery to an overnight air courier service.
9. Provisions Applicable to Certain Agreements. The provisions in this section are applicable only
to the types of orders specified in the first sentence of each subsection. If this Agreement is not
of the type described in the first sentence of a subsection,then that subsection does not apply
to the Agreement.
9.1 Union Activities Restrictions. If the Contract Amount is over $50,000, this section is
applicable. Contractor agrees that no Court funds received under this Agreement will
be used to assist, promote or deter union organizing during the Term. If Contractor incurs
costs, or makes expenditures to assist, promote or deter union organizing, Contractor will
maintain records sufficient to show that no Court funds were used for those expenditures.
Contractor will provide those records to the Attorney General upon request.
rev Dec.2023 C-4
9.2 Domestic Partners, Spouses, Gender, and Gender Identity Discrimination.If the Contract
Amount is $100,000 or more, this section is applicable. Contractor is in compliance with,
and throughout the Term will remain in compliance with: (i) FCC 10295.3 which places
limitations on contracts with contractors who discriminate in the provision of benefits on
the basis of marital or domestic partner status; and (ii) PCC 10295.35, which places
limitations on contracts with contractors that discriminate in the provision of benefits on
the basis of an employee's or dependent's actual or perceived gender identity.
9.3 Child Support Compliance Act. If the Contract Amount is $100,000 or more, this section
is applicable. Contractor recognizes the importance of child and family support
obligations and fully complies with (and will continue to comply with during the Term) all
applicable state and federal laws relating to child and family support enforcement,
including disclosure of information and compliance with earnings assignment orders, as
provided in Family Code section 5200 et seq. Contractor provides the names of all new
employees to the New Hire Registry maintained by the California Employment
Development Department.
9.4 Priority Hiring. If the Contract Amount is over$200,000 and this Agreement is for services
(other than Consulting Services), this section is applicable. Contractor shall give priority
consideration in filling vacancies in positions funded by this Agreement to qualified
recipients of aid under Welfare and Institutions Code section 11200 in accordance with
FCC 10353.
9.5 Iran Contracting Act. If the Contract Amount is $1,000,000 or more and Contractor did
not provide to the Court an Iran Contracting Act certification as part of the solicitation
process, this section is applicable. Contractor certifies either (i) it is not on the current list
of persons engaged in investment activities in Iran ("Iran List") created by the California
Department of General Services pursuant to FCC 2203(b),and is not a financial institution
extending$20,000,000 or more in credit to another person,for forty-five (45) days or more,
if that other person will use the credit to provide goods or services in the energy sector in
Iran and is identified on the Iran List, or (ii) it has received written permission from the
Court to enter into this Agreement pursuant to FCC 2203(c).
9.6 Federal Funding Requirements. If this Agreement is funded in whole or in part by the
federal government, this section is applicable. It is mutually understood between the
parties that this Agreement may have been written for the mutual benefit of both parties
before ascertaining the availability of congressional appropriation of funds, to avoid
program and fiscal delays that would occur if this Agreement were executed after that
determination was made.This Agreement is valid and enforceable only if sufficient funds
are made available to the Court by the United State Government for the fiscal year in
which they are due and consistent with any stated programmatic purpose, and this
Agreement is subject to any additional restrictions, limitations, or conditions enacted by
the Congress or to any statute enacted by the Congress that may affect the provisions,
terms, or funding of this Agreement in any manner.The parties mutually agree that if the
Congress does not appropriate sufficient funds for any program under which this
Agreement is intended to be paid, this Agreement shall be deemed amended without
any further action of the parties to reflect any reduction in funds. The Court may
invalidate this Agreement under the termination for convenience or cancellation clause
(providing for no more than thirty (30) days' Notice of termination or cancellation), or
amend this Agreement to reflect any reduction in funds.
10. Miscellaneous Provisions.
10.1 Independent Contractor. Contractor is an independent contractor to the Court. No
employer-employee, partnership, joint venture, or agency relationship exists between
rev Dec.2023 C-5
Contractor and the Court. Contractor has no authority to bind or incur any obligation on
behalf of the Court. If any governmental entity concludes that Contractor is not an
independent contractor, the Court may terminate this Agreement immediately upon
Notice.
10.2 GAAP Compliance. Contractor maintains an adequate system of accounting and
internal controls that meets Generally Accepted Accounting Principles.
10.3 Audit. Contractor must allow the Court or its designees to review and audit Contractor's
(and any subcontractors') documents and records relating to this Agreement, and
Contractor(and its subcontractors) shall retain such documents and records for a period
of four (4) years following final payment under this Agreement. If an audit determines
that Contractor (or any subcontractor) is not in compliance with this Agreement,
Contractor shall correct errors and deficiencies by the twentieth (20th) day of the month
following the review or audit. If an audit determines that Contractor has overcharged
the Court five percent (5%) or more during the time period subject to audit, Contractor
must reimburse the Court in an amount equal to the cost of such audit. This Agreement
is subject to examinations and audit by the State Auditor for a period three (3) years after
final payment.
10.4 Licenses and Permits. Contractor shall obtain and keep current all necessary licenses,
approvals, permits and authorizations required by applicable law for the performance
of the Services. Contractor will be responsible for all fees and taxes associated with
obtaining such licenses, approvals, permits and authorizations, and for any fines and
penalties arising from its noncompliance with any applicable law.
10.5 Confidential Information. During the Term and at all times thereafter, Contractor will: (a)
hold all Confidential Information in strict trust and confidence, (b) refrain from using or
permitting others to use Confidential Information in any manner or for any purpose not
expressly permitted by this Agreement,and (c) refrain from disclosing or permitting others
to disclose any Confidential Information to any third party without obtaining the Court's
express prior written consent on a case-by-case basis. Contractor will disclose
Confidential Information only to its employees or contractors who need to know that
information in order to perform Services hereunder and who have executed a
confidentiality agreement with Contractor at least as protective as the provisions of this
section. The provisions of this section shall survive the expiration or termination of this
Agreement. Contractor will protect the Confidential Information from unauthorized use,
access, or disclosure in the same manner as Contractor protects its own confidential or
proprietary information of a similar nature, and with no less than the greater of
reasonable care and industry-standard care.The Court owns all right, title and interest in
the Confidential Information. Contractor will notify the Court promptly upon learning of
any unauthorized disclosure or use of Confidential Information and will cooperate fully
with the Court to protect such Confidential Information. Upon the Court's request and
upon any termination or expiration of this Agreement, Contractor will promptly (a) return
to the Court or, if so directed by the Court, destroy all Confidential Information (in every
form and medium), and (b) certify to the Court in writing that Contractor has fully
complied with the foregoing obligations. Contractor acknowledges that there can be
no adequate remedy at law for any breach of Contractor's obligations under this
section, that any such breach will likely result in irreparable harm, and that upon any
breach or threatened breach of the confidentiality obligations, the Court shall be
entitled to appropriate equitable relief, without the requirement of posting a bond, in
addition to its other remedies at law.
10.6 Ownership of Deliverables. Unless otherwise agreed in this Agreement, Contractor
hereby assigns to the Court ownership of all Deliverables, any partially-completed
rev Dec.2023 C-6
Deliverables,and related work product or materials. Contractor agrees not to assert any
rights at common law, or in equity, or establish a copyright claim in any of these
materials. Contractor shall not publish or reproduce any Deliverable in whole or part, in
any manner or form, or authorize others to do so, without the written consent of the
Court.
10.7 Order of Preference. Any conflict among or between the documents making up this
Agreement will be resolved in accordance with the following order of precedence (in
descending order of precedence): (i) Appendix E-State of California -Office of Traffic
Safety Requirements, (ii) Appendix C - General Provisions; (iii) the Coversheet; (iv)
Appendix B - Payment Provisions; (v) Appendix A - Scope of Services; and (vi) any
exhibits to the Agreement.
10.8 Publicity. Contractor shall not make any public announcement or press release about
this Agreement without the prior written approval of the Court. However,this Agreement,
including its contents, shall be subject to public disclosure by Contractor pursuant to the
Ralph M. Brown Act (Government Code sections 54950 et seq.), the California Public
Records Act (Government Code sections 7920 et seq.), and all other applicable laws
pertaining to disclosure by public entities, and Contractor shall not be limited in any
manner whatsoever with respect to its public disclosure of this Agreement, including the
contents of this Agreement.
10.9 Choice of Law and Jurisdiction. California law, without regard to its choice-of-law
provisions, governs this Agreement. The parties shall attempt in good faith to resolve
informally and promptly any dispute that arises under this Agreement.Jurisdiction for any
legal action arising from this Agreement shall exclusively reside in state or federal courts
located in California, and the parties hereby consent to the jurisdiction of such courts.
10.10 Negotiated Agreement. This Agreement has been arrived at through negotiation
between the parties. Neither party is the party that prepared this Agreement for
purposes of construing this Agreement under California Civil Code section 1654.
10.11 Amendment and Waiver. Except as otherwise specified in this Agreement, no
amendment or change to this Agreement will be effective unless expressly agreed in
writing by a duly authorized officer of the Court. A waiver of enforcement of any of this
Agreement's terms or conditions by the Court is effective only if expressly agreed in
writing by a duly authorized officer of the Court. Any waiver or failure to enforce any
provision of this Agreement on one occasion will not be deemed a waiver of any other
provision or of such provision on any other occasion.
10.12 Force Majeure. Neither party shall be liable to the other for any delay in or failure of
performance, nor shall any such delay in or failure of performance constitute default, if
such delay or failure is caused by a force majeure. Force majeure, for purposes of this
paragraph, is defined as follows: acts of war and acts of god, such as earthquakes,
floods, and other natural disasters, such that performance is impossible.
10.13 Follow-On Contracting. No person, firm, or subsidiary who has been awarded a
Consulting Services agreement may submit a bid for, nor be awarded an agreement for,
the providing of services, or any other related action that is required, suggested, or
otherwise deemed appropriate in the end product of this Agreement.
10.14Severability. If any part of this Agreement is held unenforceable, all other parts remain
enforceable.
10.15 Headings; Interpretation. All headings are for reference purposes only and do not affect
the interpretation of this Agreement. The word "including" means "including, without
rev Dec.2023 C-7
limitation." Unless specifically stated to the contrary, all references to days herein shall
be deemed to refer to calendar days.
10.16 Time of the Essence. Time is of the essence in Contractor's performance under this
Agreement.
10.17Counterparts. This Agreement may be executed as an electronic transaction
(documents scanned and sent via email) and will have the same effect and validity as
signed original counterparts.
rev Dec.2023 C-8
APPENDIX D
Defined Terms
As used in this Agreement, the following terms have the indicated meanings:
"Agreement" is defined on the Coversheet.
"Contractor" is defined on the Coversheet.
"Confidential Information" means: (i) any information related to the business or operations of the
Court, including information relating to the Court's personnel and users; and (ii) all financial,
statistical, personal, technical and other data and information of the Court (and proprietary
information of third parties provided to Contractor) which is designated confidential or
proprietary, or that Contractor otherwise knows, or would reasonably be expected to know, is
confidential. Confidential Information does not include information that Contractor demonstrates
to the Court's satisfaction that: (a) Contractor lawfully knew prior to the Court's first disclosure to
Contractor, (b) a third party rightfully disclosed to Contractor free of any confidentiality duties or
obligations, or (c) is, or through no fault of Contractor has become, generally available to the
public.
"Contract Amount" is defined on the Coversheet.
"Court" is defined on the Coversheet.
"Coversheet" refers to the first page of this Agreement.
"Deliverables" is defined in Appendix A.
"Effective Date" is defined on the Coversheet.
"Expiration Date" is the later of (i) the day so designated on the Coversheet, and (ii) the last day
of any Option Term.
"Initial Term" is the period commencing on the Effective Date and ending on the Expiration Date
designated on the Coversheet.
"Judicial Branch Entity" or "Judicial Branch Entities" means any California superior or appellate
court, the Judicial Council of California, and the Habeas Corpus Resource Center.
"Judicial Branch Personnel" means members,justices,judges,judicial officers,subordinate judicial
officers, employees, and agents of a Judicial Branch Entity.
"Notice" means a written communication from one party to another that is (a) delivered in person,
(b) sent by registered or certified mail, or (c) sent by overnight air courier, in each case properly
posted and fully prepaid to the appropriate address and recipient set forth in Appendix C.
"Option Term" means a period, if any, through which this Agreement may be or has been
extended by the Court.
"PCC" refers to the California Public Contract Code.
"Services" is defined in Appendix A.
"Stop Work Order" is defined in Appendix B.
"Term" comprises the Initial Term and any Option Terms.
Rev Dec. 2023 D-1
APPENDIX E
State of California-Office of Traffic Safety Requirements
Certifications and Assurances for Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906,
Public Law 109-59, as amended by Section 25024, Public Law 117-58)
The officials named on the grant agreement, certify by way of signature on the grant agreement
signature page, that the Grantee Agency complies with all applicable Federal statutes,
regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to
the periods for which it receives grant funding. Applicable provisions include, but are not limited
to, the following:
GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
• 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;
• Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;
• 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;
• 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards;
• 2 CFR part 1201—Department of Transportation, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards.
NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and
implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities").
These include but are not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the
Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);
• 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil
Rights Act of 1964);
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit
discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended,
(prohibits discrimination on the basis of disability) and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits
discrimination on the basis of age);
• The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage,
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of
1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of
the terms "programs or activities" to include all of the programs or activities of the
Federal aid recipients, subrecipients and contractors, whether such programs or
activities are Federally-funded or not);
Rev Dec. 2023 E-)
• Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits
discrimination on the basis of disability in the operation of public entities, public and
private transportation systems, places of public accommodation, and certain testing)
and 49 CFR parts 37 and 38;
The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and
"Regulations," respectively.
GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy,
memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take
any measures necessary to ensure that:
"No person in the United States shall, on the grounds of race, color, or national origin, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination under
any program or activity, for which the Recipient receives Federal financial assistance from DOT,
including NHTSA."
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress,with respect to Title
VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination
Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad,institutional-
wide scope and coverage of these nondiscrimination statutes and requirements to include all
programs and activities of the Recipient, so long as any portion of the program is Federally
assisted.
SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with
and gives the following Assurances with respect to its Federally assisted Highway Safety Grant
Program:
1. The Recipient agrees that each "activity," "facility," or "program," as defined in
§21.23(b) and (e) of 49 CFR part 21 will be (with regard to an "activity") facilitated, or
will be (with regard to a "facility") operated, or will be (with regard to a "program")
conducted in compliance with all requirements imposed by, or pursuant to the Acts
and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For
Proposals for work, or material subject to the Acts and the Regulations made in
connection with all Highway Safety Grant Programs and, in adapted form, in all
proposals for negotiated agreements regardless of funding source:
"The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights
Act of 1964 (78 Stat. 252, 42 U.S.0 2000d to 2000d-4) and the Regulations, hereby
notifies all bidders that it will affirmatively ensure that in any contract entered into
pursuant to this advertisement, disadvantaged business enterprises will be afforded full
and fair opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, or national origin in consideration
for an award."
3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred
to as DOT Order 1050.2A) in every contract or agreement subject to the Acts and the
Regulations.
4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant
running with the land, in any deed from the United States effecting or recording a
transfer of real property, structures, use, or improvements thereon or interest therein to
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a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility,or
part of a facility, the Assurance will extend to the entire facility and facilities operated
in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form of, or for the
acquisition of, real property or an interest in real property, the Assurance will extend to
rights to space on, over, or under such property.
7. That the Recipient will include the clauses set forth in appendix C and appendix D of
this DOT Order 1050.2A, as a covenant running with the land, in any future deeds,
leases, licenses, permits, or similar instruments entered into by the Recipient with other
parties:
a. for the subsequent transfer of real property acquired or improved under the
applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real
property acquired or improved under the applicable activity, project, or
program.
8. That this Assurance obligates the Recipient for the period during which Federal
financial assistance is extended to the program, except where the Federal financial
assistance is to provide, or is in the form of, personal property, or real property, or
interest therein, or structures or improvements thereon, in which case the Assurance
obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal
financial assistance is extended, or for another purpose involving the provision
of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the
property.
9. The Recipient will provide for such methods of administration for the program as are
found by the Secretary of Transportation or the official to whom he/she delegates
specific authority to give reasonable guarantee that it,other recipients,sub-recipients,
sub- grantees, contractors, subcontractors, consultants, transferees, successors in
interest, and other participants of Federal financial assistance under such program will
comply with all requirements imposed or pursuant to the Acts,the Regulations, and this
Assurance.
10. The Recipient agrees that the United States has a right to seekjudicial enforcement with
regard to any matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require
any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to
comply) with all applicable provisions governing NHTSA's access to records,accounts,documents,
information, facilities, and staff. You also recognize that you must comply with any program or
compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep
records, reports, and submit the material for review
upon request to NHTSA, or its designee in a timely, complete, and accurate way.Additionally,you
must comply with all other reporting, data collection, and evaluation requirements, as prescribed
by law or detailed in program guidance.
The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any
Federal grants,loans,contracts,agreements,property,and/or discounts,or other Federal-aid and
Federal financial assistance extended after the date hereof to the recipients by the U.S.
Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is
binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees,
contractors, subcontractors and their subcontractors', transferees, successors in interest, and any
Rev Dec. 2023 E-3
other participants in the Highway Safety Grant Program. The person(s) signing below is/are
authorized to sign this ASSURANCE on behalf of the Recipient.
THE DRUG-FREE WORKPLACE ACT OF 1988(41 U.S.C.8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture,distribution,
dispensing, possession or use of a controlled substance is prohibited in the grantee's
workplace, and specifying the actions that will be taken against employees for
violation of such prohibition;
b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance
programs;
4. The penalties that may be imposed upon employees for drug violations
occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of
the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that,as a condition
of employment under the grant, the employee will-
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five days after such conviction;
d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2)
from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under
subparagraph (c)(2),with respect to any employee who is so convicted—
l. Taking appropriate personnel action against such an employee, up to and
including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such purposes by a Federal, State, or
local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of all of the paragraphs above.
POLITICAL ACTIVITY(HATCH ACT)
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act(5 U.S.C. 1501-1508),which limits the political
activities of employees whose principal employment activities are funded in whole or in part with
Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)
CERTIFICATION FOR CONTRACTS,GRANTS, LOANS,AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Rev Dec. 2023 E-4
Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including subcontracts,subgrants,and
contracts under grant, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title
31, U.S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or
influence a State or local legislator to favor or oppose the adoption of any specific legislative
proposal pending before any State or local legislative body. Such activities include both direct
and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a
State official whose salary is supported with NHTSA funds from engaging in direct communications
with State or local legislative officials, in accordance with customary State practice, even if such
communications urge legislative officials to favor or oppose the adoption of a specific pending
legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)
INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)
1. By signing and submitting this proposal, the prospective primary tier participant is
providing the certification set out below and agrees to comply with the requirements
of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily
result in denial of participation in this covered transaction. The prospective primary tier
participant shall submit an explanation of why it cannot provide the certification set
out below. The certification or explanation will be considered in connection with the
department or agency's determination whether to enter into this transaction. However,
failure of the prospective primary tier participant to furnish a certification or an
explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance
was placed when the department or agency determined to enter into this transaction.
If it is later determined that the prospective primary tier participant knowingly rendered
an erroneous certification, in addition to other remedies available to the Federal
Government, the department or agency may terminate this transaction for cause or
Rev Dec. 2023 E-5
default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the
department or agency to which this proposal is submitted if at any time the prospective
primary tier participant learns its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible,
participant, person, principal, and voluntarily excluded, as used in this clause, are
defined in 2 CFR parts 180 and 1200. You may contact the department or agency to
which this proposal is being submitted for assistance in obtaining a copy of those
regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into,it shall not knowingly enter into any
lower tier covered transaction with a person who is proposed for debarment under 48
CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the
department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that
it will include the clause titled "Instructions for Lower Tier Participant Certification"
including the "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion—Lower Tier Covered Transaction," provided by the department or
agency entering into this covered transaction, without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions and will
require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not proposed for debarment
under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the certification is
erroneous.A participant is responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered transactions. To verify the
eligibility of its principals, as well as the eligibility of any prospective lower tier
participants, each participant may, but is not required to, check the System for Award
Management Exclusions website (https://www.sam.clov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause.The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is proposed for debarment under 48 CFR part 9, subpart
9_4, suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the
department or agency may terminate the transaction for cause or default.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—
PRIMARY TIER COVERED TRANSACTIONS
1. The prospective primary tier participant certifies to the best of its knowledge and belief,
that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in covered transactions by
any Federal department or agency;
Rev Dec. 2023 E-6
b. Have not within a three-year period preceding this proposal been convicted
of or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the
offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had
one or more public transactions (Federal, State, or local) terminated for cause
or default.
2. Where the prospective primary tier participant is unable to certify to any of the
Statements in this certification, such prospective participant shall attach an
explanation to this proposal.
INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is
providing the certification set out below and agrees to comply with the requirements
of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance
was placed when this transaction was entered into. If it is later determined that the
prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the department or
agency with which this transaction originated may pursue available remedies,
including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective lower tier
participant learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible,
participant, person, principal, and voluntarily excluded, as used in this clause, are
defined in 2 CFR parts 180 and 1200. You may contact the person to whom this
proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any
lower tier covered transaction with a person who is proposed for debarment under 48
CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the
department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it
will include the clause titled "Instructions for Lower Tier Participant Certification"
including the "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion—Lower Tier Covered Transaction,"without modification,in all lower
tier covered transactions and in all solicitations for lower tier covered transactions and
will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not proposed for debarment
under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the certification is
Rev Dec. 2023 E-7
erroneous.A participant is responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered transactions. To verify the
eligibility of its principals, as well as the eligibility of any prospective lower tier
participants, each participant may, but is not required to, check the System for Award
Management Exclusions website
( https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause.The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is proposed for debarment under 48 CFR part 9, subpart
9_4, suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available
remedies, including suspension or debarment.
CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION—
LOWER TIER COVERED TRANSACTIONS
1. The prospective lower tier participant certifies, by submission of this proposal, that
neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in covered transactions
by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this
proposal.
BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313)
when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to
purchase with Federal funds only steel, iron and manufactured products produced in the United
States, unless the Secretary of Transportation determines that such domestically produced items
would be inconsistent with the public interest, that such materials are not reasonably available
and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the
overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign
produced items, the State must submit a waiver request that provides an adequate basis and
justification for approval by the Secretary of Transportation.
CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)
GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official
capacity to negotiate, make, accept, or approve, or to take part in negotiating, making,
accepting, or approving any subaward, including contracts or subcontracts, in connection with
this grant shall have, directly or indirectly, any financial or personal interest in any such subaward.
Rev Dec. 2023 E-8
Such a financial or personal interest would arise when the employee, officer, or agent, any
member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated herein, has a financial or personal interest in or a
tangible personal benefit from an entity considered for a subaward. Based on this policy:
1. The recipient shall maintain a written code or standards of conduct that provide for
disciplinary actions to be applied for violations of such standards by officers,
employees, or agents.
a. The code or standards shall provide that the recipient's officers, employees, or
agents may neither solicit nor accept gratuities,favors,or anything of monetary
value from present or potential subawardees, including contractors or parties
to subcontracts.
b. The code or standards shall establish penalties, sanctions, or other disciplinary
actions for violations, as permitted by State or local law or regulations.
2. The recipient shall maintain responsibility to enforce the requirements of the written
code or standards of conduct.
DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue
to perform under a grant or cooperative agreement,whose objectivity may be impaired because
of any related past, present, or currently planned interest, financial or otherwise, in organizations
regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA
activities. Based on this policy:
1. The recipient shall disclose any conflict of interest identified as soon as reasonably
possible, making an immediate and full disclosure in writing to NHTSA. The disclosure
shall include a description of the action which the recipient has taken or proposes to
take to avoid or mitigate such conflict.
2. NHTSA will review the disclosure and may require additional relevant information from
the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the
award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the
award and include appropriate provisions to mitigate or avoid such conflict.
3. Conflicts of interest that require disclosure include all past, present, or currently
planned organizational,financial, contractual,or other interest(s) with an organization
regulated by NHTSA or with an organization whose interests may be substantially
affected by NHTSA activities, and which are related to this award. The interest(s) that
require disclosure include those of any recipient, affiliate, proposed consultant,
proposed subcontractor, and key personnel of any of the above. Past interest shall be
limited to within one year of the date of award. Key personnel shall include any person
owning more than a 20 percent interest in a recipient, and the officers, employees or
agents of a recipient who are responsible for making a decision or taking an action
under an award where the decision or action can have an economic or other impact
on the interests of a regulated or affected organization.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
(applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C.Chapter 4 grant funds for programs to check
helmet usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated
Rev Dec. 2023 E-9
April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies
and programs for its employees when operating company-owned, rented, or personally-owned
vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing
leadership and guidance in support of this Presidential initiative. For information and resources on
traffic safety programs and policies for employers, please contact the Network of Employers for
Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety
practices of employers and employees. You can download information on seat belt programs,
costs of motor vehicle crashes to employers, and other traffic safety initiatives at
www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics,
campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging
While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to
adopt and enforce workplace safety policies to decrease crashes caused by distracted driving,
including policies to ban text messaging while driving company- owned or rented vehicles,
Government-owned, leased or rented vehicles, or privately-owned vehicles when on official
Government business or when performing any work on or behalf of the Government. States are
also encouraged to conduct workplace safety initiatives in a manner commensurate with the
size of the business, such as establishment of new rules and programs or re-evaluation of existing
programs to prohibit text messaging while driving, and education, awareness, and other
outreach to employees about the safety risks associated with texting while driving.
Rev Dec. 2023 E-10
APPENDIX F
UNRUH CIVIL RIGHTS ACT AND
CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CERTIFICATION
Pursuant to Public Contract Code (PCC) section 2010, the following certifications must be
provided when (i) submitting a bid or proposal to the Court for a solicitation of goods or services
of$100,000 or more, or (ii) entering into or renewing a contract with the Court for the purchase of
goods or services of$100,000 or more.
CERTIFICATIONS:
1. Contractor is in compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code);
2. Contractor is in compliance with the California Fair Employment and Housing Act(Chapter
7 (commencing with Section 12960) of Part 2.8 of Division 3 of the Title 2 of the Government
Code);
3. Contractor does not have any policy against any sovereign nation or peoples recognized
by the government of the United States, including, but not limited to, the nation and
people of Israel,that is used to discriminate in violation of the Unruh Civil Rights Act (Section
51 of the Civil Code) or the California Fair Employment and Housing Act (Chapter 7
(commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government
Code);and
4. Any policy adopted by a person or actions taken thereunder that are reasonably
necessary to comply with federal or state sanctions or laws affecting sovereign nations or
their nationals shall not be construed as unlawful discrimination in violation of the Unruh
Civil Rights Act(Section 51 of the Civil Code)or the California Fair Employment and Housing
Act (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the
Government Code).
The certifications made in this document are made under penalty of perjury under the laws of the
State of California. I, the official named below,certify that I am duly authorized to legally bind the
Contractor to the certifications made in this document.
Contractor Name (Printed) Federal ID Number��
County of Fresno _ C
By(AuthorizedSignature)
ignature)��-----�
Printed Name and Title of Person Signing ell
Ernest Buddy Mendes, Chairman of the Board of Supervisors of the County of Fresno
Date Executed Executed in the County of Fresno in the State
of California
ATTEST:
BERNICE E.SEIDEL
Rev Dec. 2023 Clerk of the Board of Supervisors F-1
County of Fresno,State of Cal forma
By Deputy
For accounting use only:
Probation:
OrgNo.: 34321980
Account No.: 4895
Fund No.: 0001
Subclass: 10000
Behavioral Health:
OrgNo.: 56304313
Account No.: 3517
Fund No.: 0001
Subclass: 10000