REQUEST FOR QUALIFICATIONS (RFQ) 10-2019-HTCE.pdf · 10/03/2020 · RFQ Title: Friday Court Evaluation Services RFQ Number: 10-2019-HTCE 7 4.0 Responding to this RFQ 4.1 Submitting

REQUEST FOR QUALIFICATIONS (RFQ)

SUPERIOR COURT OF CALIFORNIA

COUNTY OF FRESNO

REGARDING:

RFQ for the Evaluation of the Juvenile Human Trafficking

Court (JHTC) and Services Offered Through the Court

Innovations Grant

RFQ 10-2019-HTCE

PROPOSALS DUE:

March 5, 2020 NO LATER THAN 2:00 P.M. PACIFIC DAYLIGHT TIME

RFQ Title: Friday Court Evaluation Services

RFQ Number: 10-2019-HTCE

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RFQ SCHEDULE DATES

(Pacific time)

Posting of RFQ on court website and invitations sent out to

possible responders

Feb 19, 2020

4:00 PM

Deadline for submittal of requests for clarifications, modifications or

questions regarding the RFQ to the solicitations mailbox (see section

5.2.2). Please email your intent to respond to this RFQ.

Feb 21, 2020

4:00 PM

Modifications and/or answers to questions posted on the Court

website: http://www.fresnosuperiorcourts.ca.gov/procurement/

Feb 24,2020

5:00 PM

Proposal Due Date and Time Mar 5, 2020

2:00 PM

Potential Interviews, if at all Mar 9, 2020

AM

Notice of Intent to Award will be posted on the Court’s website:

http://www.fresnosuperiorcourts.ca.gov/procurement/

Mar 10, 2020

5:00 PM

(tentative)

INDEX

1.0 Introduction

2.0 Purpose of this RFQ

3.0 Scope of Services

4.0 Responding to the RFQ

5.0 Selection Process

6.0 Evaluation Process

7.0 Additional Requirements

8.0 Proposed Contract Terms

9.0 Disabled Veteran Business Enterprise (DVBE) Participation Goals

10.0 Administrative Rules Governing Requests For Qualifications

Attachments

A. Sample Agreement

B. Payee Data Record Form





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1.0 Introduction

The Fresno Superior Court (“Court”) was awarded a Court Innovations grant (“CIG”) to

establish and manage a juvenile human trafficking court (“JHTC”). The Court would like to

evaluate the success of JHTC to determine any unmet needs or shortfalls of the program.

2.0 Purpose of this RFQ

This RFQ will identify a highly qualified individual or organization to evaluate the

performance of the JHTC and the services offered through the CIG. The RFQ, all associated

documents, and addenda are available in electronic form at

http://www.fresno.courts.ca.gov/procurement.

The goals of the evaluation to be administered by the contract evaluator include:

Provide analysis and feedback on program outcomes by measuring data

targeting participants, services, and criminal justice outcomes.

Measure the effectiveness of the collaboration and partnership between the

court and other stakeholders and service providers.

Show links between best practices for human trafficking courts in comparison to

what is being implemented.

Provide feedback to ensure continuous program improvement.

There are two major purposes for this evaluation.

Monitoring – The process evaluation will document whether our programs are

being implemented as planned and will identify any barriers to implementation.

The evaluator will gather this information to answer the basic questions posed by

JHTC stakeholders.

Formative – The evaluation will help with on-going, continuous program

improvement by providing feedback to programs and stakeholders.

o Data will be collected and analyzed by the contractor. The monitoring data

mentioned above, in addition to information collected by the contractor on

outputs, client satisfaction, outcomes, and impacts of the program, will be

used to help us meet the program goals.

o The outcome evaluation will provide information on the actual changes in

the behavior of participants, and the outcomes of the programs.

The Court intends to award a contract to a vendor who can work with the JHTC

stakeholders to plan and conduct a process and outcomes evaluation, as further

described in Section 3 of this RFQ.

http://www.fresno.courts.ca.gov/procurement



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All services completed for this RFQ shall follow the requirements expressed in this document

and in the Court contract for these services, including, but not limited to, compliance with

all currently applicable local, state and federal codes and regulations.

3.0 Scope of Services

Many stakeholder groups are interested in the outcomes of JHTC, and therefore interested

in the evaluation of these programs. These stakeholder groups include:

Fresno Superior Court

Fresno County Probation Department

Fresno County Public Defender’s Office

Fresno County District Attorney’s Office

Fresno County Department of Behavioral Health

Fresno County Department of Social Services

The selected contractor will work with JHTC stakeholders to plan and conduct a process

and outcomes evaluation. Tasks will include:

facilitating an evaluation planning process,

working with stakeholders to develop a logic model with performance

indicators,

conducting a comprehensive process and outcomes evaluation, and

reporting the evaluation findings to stakeholders.

3.1 Methods of evaluation

Two types of evaluation are needed to fully understand the JHTC’s impact. First, a

process evaluation will examine how the court operates and provides essential

information on the characteristics of the intervention itself. Second, an outcome

evaluation will assess the effectiveness of the intervention.

In other words, a process evaluation will tell us what “it” is and an outcome evaluation

will tell us if “it” worked.

3.1.1 Process Evaluation

A process evaluation will determine whether the court operated according to its

original design and provide valuable insights to whether the program properly

implemented key elements. Process-related information tends to be descriptive in

nature, but is still quantitative. Typical process related questions might include:

How many individuals were screened?

How many individuals were eligible (according to program criteria)?

What were reasons youth were not accepted into the program?



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How many youth were referred to, screened for, and accepted into the

JHTC?

How did these numbers compare to expectations?

For what reasons were participants not accepted?

For what reasons did participants terminate (e.g., completion, drop- out,

revocation, etc.)

What agencies or individuals referred potential participants?

How long did court participants wait before being accepted into the

program?

How long did participants remain in the program?

How did program duration compare to expectations?

3.1.2 Outcome Evaluation

An outcome evaluation answers the essential question of effectiveness. Specific

outcome-related research questions should be based on the specific goals of the

JHTC. Some research questions will require data to be collected only after some

participants have completed the program, while others will require information to

be gathered during program participation. Typical outcome-related questions

might include:

How often were JHTC participants arrested?

How many arrests occurring during vs subsequent to participation?

How many days did JHTC participants spend in jail?

What kind of services did participants receive in the community?

How often did they receive those services?

How many participants were eligible for benefits (e.g., MediCal, SSI/SSDI)

and of those, how many were connected to benefits?

How did participants’ quality of life change during participation in the

program?

How many school credits were earned?

How many instances of runaways occurred? For how many days?

The process and outcome evaluation methods may include, but will not be limited

to:

Qualitative and quantitative assessment of program activities (regular on-

site and telephone interviews with JHTC personnel, service providers, and

community-based organizations to determine activities taking place,

attendance, etc.);

Observations, interviews, surveys and focus groups of program

participants and their families; and

Analysis of crime and arrest data in the targeted area over time.



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3.2 Protection of Human Subjects

Evaluation procedures must follow federal regulations regarding the protection of

human research subjects. The individual or firm that is awarded the evaluation contract

is responsible for securing approval from a federally-registered Institutional Review

Board (IRB). Guidelines for human subjects’ research and the IRB process can be found

at http://www.hhs.gov/ohrp/.

Risks to subjects must be minimized and reasonable concerning:

(1) the anticipated benefits to subjects (if any), and

(2) the importance of the knowledge that is reasonably expected. Specifically, federal

regulations require risks to subjects be minimized "by using procedures which are

consistent with sound research design," among other factors. The following principles

are followed to ensure evaluations are conducted by individuals who pose a minimal

risk to subjects through:

(1) "sound research design" (meaning design of the project/study is reasonable), and

(2) the individual must be responsible for the "soundness" of the research design.

Evaluation program designs must clearly state how your evaluation consultant will

assure the confidentiality or anonymity of the human subjects in the reporting of the

results of the evaluation. Evaluations with small numbers of subjects will undergo

particular scrutiny in this regard.

3.3 Evaluation Timeline

The following describes the expected timeline and deliverables for the evaluation

project. This calendar is subject to change as implementation timelines change.

March 2020 Develop an evaluation plan for the CIG program.

Create a logic model with key evaluation

stakeholders. Identify program goals, objectives,

activities, and performance indicators. Develop data

collection tools for programs and services.

April 2020 Begin collecting data. Develop a preliminary report

and present it to the Court and stakeholders.

May-June 2020 Continue collecting and analyzing data for the final

report.

June 2020 Develop the final report and present it to the Court

and stakeholders.

http://www.hhs.gov/ohrp/



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4.0 Responding to this RFQ

4.1 Submitting a Response

A template has been established in Google Forms and will be used to respond to this

RFQ. Responses shall be solely submitted via the template using the following link:

https://forms.gle/bK5xB2tvKVNY8ZZ36 and no other response will be accepted.

Incomplete proposals may be rejected without review. Proposals received after the

deadline will be rejected without review. The following information will be provided via

the template.

4.2 Vendor Background Information

The Court requires the vendor to be a reputable entity with experience in facilitating

an evaluation planning process, working with stakeholders to develop a logic model

with performance indicators, conducting a comprehensive process and outcomes

evaluation and reporting evaluation findings to stakeholders and funding agencies.

The proposal must provide the information requested below.

a. Complete name and address, email address and phone number

b. Federal tax identification number.

c. If incorporated, provide the state in which incorporated.

d. A short narrative of the vendor’s organization, including organization charts

and indication of company officers where applicable.

e. Principal type of business.

f. Total number of years in business.

g. Number of years providing services similar in size and scope to those

requested in this RFQ.

4.3 Qualifications of the Evaluator

The selected consultant/evaluator for this project should demonstrate the following

qualities and qualifications:

Experience in managing evaluation services for court and/or related criminal

justice programs.

Demonstrated skills in assessing judicial, law enforcement and probation

processes.

Demonstrated skills in statistics, research design, and computer applications.

Experience with reporting findings in judicial and political environments.

Demonstrated knowledge of specialty court strategies and procedures.

Experience working with judicial officials and staff, attorneys, law enforcement

and probation.



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Experience working with community-based organizations and public agencies.

Experience in developing a logic model and in the development and

implementation of process and outcome evaluations, including the design of

quantitative and qualitative evaluation measures.

Experience developing easily administered evaluation tools.

Credible reputation and experience.

4.4 References

Provide the names, addresses, email addresses, and telephone numbers for a total of

at least three (3) customers for whom the vendor has provided similar services within

the last 36 months. The vendor should include a brief description of the scope of

services provided to the customer and the duration of the contract. The Court may

contact some or all of the references provided to determine the vendor’s and/or

subcontractor’s performance record. The Court reserves the right to contact

references other than those provided in the proposal and to use the information gained

from them in the evaluation process.

4.5 Work Plan and Methodology

Proposers will submit detailed proposals for the evaluation of JHTC and services offered

through the CIG grant. They shall provide a project plan that describes how the

proposer intends to provide the requested services. The description shall include, but is

not limited to, the following:

Communication process with the evaluation stakeholders

Project organization structure

Identification of key personnel

Roles and responsibilities

Methodology for providing the services

Timeline through project completion

Cost of the project evaluation

5. Selection Process.

The Court has developed a schedule of events (see page 2) showing key dates for this

solicitation process. The RFQ and schedule are subject to change, and the Court does not

send notifications of changes to this RFQ or the schedule to prospective Proposers and is

not responsible for the failure of any Proposer to receive notification of any change

promptly. Proposers are advised to visit the Court website

http://www.fresno.courts.ca.gov/procurement frequently to check for changes and

updates to the RFQ, including the Schedule.




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5.1 Confidential or Proprietary Information

PROPOSALS ARE SUBJECT TO DISCLOSURE PURSUANT TO APPLICABLE PROVISIONS OF THE

CALIFORNIA PUBLIC CONTRACT CODE AND RULE 10.500 OF THE CALIFORNIA RULES OF

COURT. The Court will not disclose (i) social security numbers, or (ii) balance sheets or

income statements submitted by a Proposer that is not a publicly-traded corporation.

All other information in proposals will be disclosed in response to applicable public

records requests. Such disclosure will be made regardless of whether the proposal (or

portions thereof) is marked “confidential,” “proprietary,” or otherwise, and regardless

of any statement in the proposal (a) purporting to limit the Court’s right to disclose

information in the proposal, or (b) requiring the Court to inform or obtain the consent of

the Proposer before the disclosure of the proposal (or portions thereof). Any proposal

that is password protected, or contains portions that are password protected, may be

rejected. Proposers are accordingly cautioned not to include confidential, proprietary,

or privileged information in proposals.

A response to this RFQ is not an offer and cannot be accepted by the Court to form a

binding contract. Proposers are solely responsible for all expenses associated with

responding to this RFQ.

5.2 Contact and Questions

5.2.1 Court Contact. Contact with the Court shall be made only through this

email address: [email protected]. Proposers shall not circumvent

the process by making any other contact.

5.2.2 Questions. Proposers may submit questions via email to

[email protected] no later than the date identified on page 2 of

this RFQ. Please indicate the RFQ number and title in the subject line. Once

submitted, questions become part of the procurement file and are subject to

disclosure. Proposers are accordingly cautioned not to include any proprietary or

confidential information in questions. If the Proposer is requesting a change, the

request must set forth the recommended change and the reasons for proposing

the change. Questions or requests submitted after the deadline for questions will

not be answered. Without disclosing the source of the question or request, a copy

of the questions and the Court’s proposals will be made available before the RFQ

due date and time.

6. Evaluation Process

An evaluation panel composed of Court staff will review and score the proposals,

based on the selection criteria. At any time, the Court may contact previous Clients to

verify the experience and performance of the potential contractor, and their key

mailto:[email protected]




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personnel. The selected individual/firm will be posted on the Court’s website which can

be found at www.fresno.courts.ca.gov/procurement.

6.1 Evaluation Criteria

Proposals will be rated to determine the proposal that offers the best value to the

Court. The rating will be based upon the following criteria:

7. Additional Requirements

7.1 Time is of the essence and it is expected that a contract will ensue very quickly

so that the evaluation may begin. The project must be completed by June 25, 2020.

7.2 Following the initial screening of proposals, the Court reserves the right to require,

and each potential contractor must be prepared to conduct oral presentations and

other discussions (written or verbal) on the content of the proposal. If the Court

determines that interviews or presentations are required, selected proposers will be

notified in writing of the date, place, time and format of the interview or presentation.

Proposers will be responsible for all costs related to the interview, which, at the Court’s

sole discretion, may be in-person and/or by teleconference. Failure to participate in

such interviews or presentations shall result in a proposer’s disqualification from further

consideration.

Points Criteria Maximum of 100 points 15 Ability to meet evaluation timeline to complete the project

10 Experience with process evaluation and outcome evaluation; experience on similar projects to this one.

10 Work plan and Methodology, per Section 3.0

10 Cost

10 Experience in managing evaluation services for court and/or related programs

8 Demonstrated skills in statistics and research design

8 Experience in developing a logic model and in the development & implementation of process and outcome evaluations, including the design of quantitative and qualitative evaluation measures.

7 Demonstrated knowledge of specialty court strategies and procedures

7 Experience working with judicial officials, court staff, attorneys, law enforcement, probation, community-based organizations and public agencies

5 Credentials of staff to be assigned to the project.

5 Credible reputation and experience

5 References




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8. Proposed Contract Terms

8.1 Contracts with successful organizations will be signed by the parties on a Court

Standard Agreement form. A typical Court Standard Agreement is included as

Attachment A to this RFQ.

8.2 The Court reserves the right to modify or update the Standard Agreement in the

interest of the Court, in whole or in part at any time up to the negotiation of the

agreement with the contractor. By submitting a response to this RFQ, the prospective

contractor acknowledges that a) it will provide the services required in the contract,

and b) has no objection to the Standard Agreement, unless a red-lined (tracked)

version of the Standard Agreement is submitted with the response.

9. Disabled Veteran Business Enterprise Participation Goals

The Court has waived the DVBE incentive in this solicitation.

10. Administrative Rules Governing Requests for Qualifications

10.1 Knowledge of Requirements. The Proposer shall carefully review all documents

referenced and made a part of the solicitation document to ensure that all information

required to properly respond has been submitted or made available and all

requirements are priced in the proposal. Failure to examine any document, drawing,

specification, or instruction will be at the Proposer’s sole risk.

Proposers shall be responsible for knowledge of all items and conditions contained in

their proposals and in this RFQ, including any Court issued clarifications, modifications,

amendments, or addenda. The Court will provide notice to perspective proposers by

posting addenda and clarifications to the Court website; however, it is the Proposer’s

responsibility to ascertain that the proposal includes all addenda issued prior to the

Proposal Due Date.

10.2 Errors in the RFQ.

A. If, before the proposal due date and time listed in the timeline of the RFQ, a

Proposer discovers any ambiguity, conflict, discrepancy, omission, or error in

the RFQ, the Proposer must immediately notify the Court via email to the

Solicitations Mailbox and request modification or clarification of the RFQ.

Without disclosing the source of the request, the Court may modify the RFQ

before the proposal due date and time by releasing an addendum to the

solicitation.

B. If a Proposer fails to notify the Court of an error in the RFQ known to the

Proposer, or an error that reasonably should have been known to the



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Proposer, before the proposal due date and time listed in the timeline of the

RFQ, the Proposer shall propose at its own risk. Furthermore, if the Proposer is

awarded the agreement, the Proposer shall not be entitled to additional

compensation or time by reason of the error or its later correction.

10.3 Addenda

A. The Court may modify the RFQ before the proposal due date and time listed

in the timeline of the RFQ by issuing an addendum. It is each Proposer’s

responsibility to inform itself of any addendum prior to its submission of a

proposal.

B. If any Proposer determines that an addendum unnecessarily restricts its ability

to respond, the Proposer shall immediately notify the Court via email to the

Solicitations Mailbox no later than one day following issuance of the

addendum.

10.4 Withdrawal and Resubmission/Modification of Proposals.

A Proposer may withdraw its proposal at any time before the deadline for submitting

proposals by notifying the Court in writing of its withdrawal. The notice must be

signed by the Proposer. The Proposer may thereafter submit a new or modified

proposal, provided that it is received at the Court no later than the proposal due

date and time listed in the timeline of the RFQ. Modifications offered in any other

manner, oral or written, will not be considered. Proposals cannot be changed or

withdrawn after the proposal due date and time listed in the timeline of the RFQ.

10.5 Errors in the Proposal

If errors are found in a proposal, the Court may reject the proposal; however, the

Court may, at its sole option, correct arithmetic or transposition errors or both on the

basis that the lowest level of detail will prevail in any discrepancy. If these corrections

result in significant changes in the amount of money to be paid to the Proposer (if

selected for the award of the agreement), the Proposer will be informed of the errors

and corrections thereof and will be given the option to abide by the corrected

amount or withdraw the proposal.

10.6 Right to Reject Proposals

A. Before the proposal due date and time listed in the timeline of the RFQ, the

Court may cancel the RFQ for any or no reason. After the proposal due date

and time listed in the timeline of the RFQ, the Court may reject all proposals

and cancel the RFQ if the Court determines that: (i) the proposals received

do not reflect effective competition; (ii) the cost is not reasonable; (iii) the



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cost exceeds the amount expected; or (iv) awarding the contract is not in

the best interest of the Court.

B. The Court may or may not waive an immaterial deviation or defect in a

proposal. The Court’s waiver of an immaterial deviation or defect shall in no

way modify the RFQ or excuse a Proposer from full compliance with RFQ

specifications. Until a contract resulting from this RFQ is signed, the Court

reserves the right to accept or reject any or all of the items in the proposal,

to award the contract in whole or in part and/or negotiate any or all items

with individual Proposers if it is deemed in the Court’s best interest. A notice

of intent to award does not constitute a contract, and confers no right of

contract on any Proposer.

C. The Court reserves the right to issue similar RFQs in the future. The RFQ is in no

way an agreement, obligation, or contract and in no way is the Court or the

State of California responsible for the cost of preparing the proposal.

D. Proposers are specifically directed NOT to contact any Court personnel or

consultants for meetings, conferences, or discussions that are related to the

RFQ at any time between release of the RFQ and any award and execution

of a contract. Unauthorized contact with any Court personnel or consultants

may be cause for rejection of the Proposer’s proposal.

10.7 Evaluation Process.

A. An evaluation team will review all proposals that are received by the

appropriate deadline to determine the extent to which they comply with RFQ

requirements.

B. Proposals that contain false or misleading statements may be rejected if in

the Court’s opinion the information was intended to mislead the evaluation

team regarding a requirement of the RFQ.

C. During the evaluation process, the Court may require a Proposer's

representative to answer questions with regard to the Proposer’s proposal.

Failure of a Proposer to demonstrate that the claims made in its proposal are

in fact true may be sufficient cause for deeming a proposal non-responsive.

D. In the event of a tie, the contract will be awarded to the winner of a single

coin toss. The coin toss will be witnessed by two Court employees. The Court

will provide notice of the date and time of the coin toss to the affected

Proposers, who may attend the coin toss at their own expense.

10.8 Payment

A. Payment terms will be specified in any agreement that may ensue as a result

of the RFQ.

B. THE COURT DOES NOT MAKE ADVANCE PAYMENT FOR SERVICES. Payment is

normally made based upon completion of tasks as provided in the

agreement between the Court and the selected Proposer. The Court may



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withhold ten percent of each invoice until receipt and acceptance of the

final deliverable. The amount of withhold may depend upon the length of

the project and the payment schedule provided in the agreement between

the Court and the selected Proposer.

10.9 Award and Execution of Agreement

A. Award of contract, if made, will be in accordance with the RFQ to a

responsible Proposer submitting a proposal compliant with all the requirements of

the RFQ and any addenda thereto (including any administrative or technical

requirements), except for such immaterial defects as may be waived by the Court.

B. A Proposer submitting a proposal must be prepared to use a standard Court

contract form rather than its own contract form.

C. The Court will make a reasonable effort to execute any contract based on the

RFQ within forty-five (45) days of selecting a proposal that best meets its

requirements. However, exceptions taken by a Proposer may delay execution of a

contract.

D. Upon award of the agreement, the agreement shall be signed by the Proposer

and returned, along with the required attachments, to the Court no later than ten

(10) business days of receipt of agreement form. Agreements are not effective until

executed by both parties. Any work performed before receipt of a fully-executed

agreement shall be at the Proposer’s own risk.

10.10 Failure to Execute the Agreement

The period for execution set forth in Section 10.10 (“Award and Execution of

Agreement”) may only be changed by mutual agreement of the parties. Failure to

execute the agreement within the time frame identified above constitutes sufficient

cause for voiding the award. Failure to comply with other requirements within the

set time constitutes failure to execute the agreement. If the successful Proposer

refuses or fails to execute the agreement, the Court may award the agreement to

the next qualified Proposer.

10.11 News Releases

News releases or other publicity pertaining to the award of a contract may not be

issued without prior written approval of Court Public Services and Media

Coordinator.

10.12 Anti-trust claims

A. In submitting a proposal to the Court, the Proposer offers and agrees that if

the proposal is accepted, the Proposer will assign to the Court all rights, title,

and interest in and to all causes of action it may have under Section 4 of the



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Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act Chapter 2,

commencing with Section 16700, of Part 2 of Division 7 of the Business and

Professions Code), arising from purchases of goods, materials, or services by

the Proposer for sale to the Court pursuant to the proposal. Such assignment

shall be made and become effective at the time the Court tenders final

payment to the Proposer. (See Government Code section 4552.)

B. If the Court receives, either through judgment or settlement, a monetary

recovery for a cause of action assigned under this section, the Proposer shall

be entitled to receive reimbursement for actual legal costs incurred and

may, upon demand, recover from the Court any portion of the recovery,

including treble damages, attributable to overcharges that were paid.

C. Upon demand in writing by the Proposer, the Court shall, within one year from

such demand, reassign the cause of action assigned under this section if the

Proposer has been or may have been injured by the violation of law for which

the cause of action arose and (a) the Court has not been injured thereby, or

(b) the Court declines to file a court action for the cause of action. (See

Government Code section 4554.)

10.13 Americans with Disabilities Act

The Court complies with the Americans with Disabilities Act (ADA) and similar

California statutes. Requests for accommodation of disabilities by Proposers should

be directed to the solicitations mailbox ([email protected]) with

“RFQ” title in the subject line of the email.




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ATTACHMENTS

A. Sample Agreement

B. Payee Data Record Form

Attachment A

SAMPLE AGREEMENT

AGREEMENT NUMBER

10-2019-EVAL-O 1. In this agreement (the “Agreement”), the term “Contractor” refers to [Contractor name], and the term “Court” refers to

the Superior Court of California, County of Fresno.

2. This Agreement becomes effective as of [Date], (the “Effective Date”) and expires on June 30, 2020.

3. The maximum amount that the Court may pay Contractor under this Agreement is [Dollar amount] (the “Maximum

Amount”).

4. This Agreement incorporates and the parties agree to the attached provisions labeled “Exhibit A - Services—Short Form

Agreement Terms” and “Exhibit B – Vendor/Contractor Access Policy." This Agreement represents the parties’ entire

understanding regarding its subject matter and supersedes all previous proposals, both oral and written, negotiations,

representations, commitments, writing and all other communications between the parties.

5. Contractor will perform the following services (the “Services”), and deliver the following work product (the “Work

Product”):

Services:

Description of Services Provide Evaluation of Juvenile Human Trafficking Court.

Completion Date June 30, 2020.

Acceptance Criteria Receipt of the final evaluation, both parts, by the grants manager.

Work Product:

Work Product Description Provide Evaluation Report

Delivery Date June 25, 2020.

Acceptance Criteria [Insert acceptance criteria.

6. The Court’s project manager is: Chelsi Johnston, grants manager.

7. The Court will pay Contractor as follows: following invoice, as stated in Section D of the Agreement Terms.

COURT’S SIGNATURE CONTRACTOR’S SIGNATURE

Superior Court of California, County of Fresno

CONTRACTOR’S NAME (if Contractor is not an individual person, state whether Contractor is a

corporation, partnership, etc.)

[Contractor name]

BY (Authorized Signature)

BY (Authorized Signature)

PRINTED NAME AND TITLE OF PERSON SIGNING

Michael L. Elliott, Court Executive Officer

PRINTED NAME AND TITLE OF PERSON SIGNING

[Name and title]

DATE EXECUTED DATE EXECUTED

ADDRESS

Accounts Payable

1100 Van Ness Avenue

Fresno CA 93724-0002

ADDRESS

[Address]

Exhibit A Short Form Agreement Terms

A. PERFORMANCE AND DELIVERY. Contractor will perform the Services and deliver all Work Product as specified on the coversheet of this Agreement. Time is of the essence in Contractor’s performance of the Services and delivery of Work Product. The Maximum Amount listed on the coversheet of this Agreement includes all amounts allowed for expenses, including those related to shipping, handling, traveling, bonding, licensing, maintaining insurance, and obtaining permits.

B. ACCEPTANCE. All Services and Work Product are subject to written acceptance by the Court. The Court may reject any Service or Work Product that (i) fails to meet applicable acceptance criteria, (ii) is not as warranted, or (iii) is performed or delivered late. Payment by the Court does not signify acceptance of the Services or Work Product.

C. INTELLECTUAL PROPERTY. Contractor irrevocably assigns to the Court all right, title and interest worldwide in and to the Work Product created under this Agreement, and all applicable intellectual property rights related to the Work Product created under this Agreement, including copyrights, trademarks, trade secrets, moral rights, and contract and licensing rights. Contractor grants to the Court a non-exclusive, transferable, sublicenseable (through multiple tiers), worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use, reproduce, make derivative works of, perform, display, and distribute any portion of the Work Product delivered by Contractor but not created under this Agreement. The Court retains all intellectual property rights in any materials it provides to Contractor (the “Court Materials”). Contractor will hold the Court Materials in trust and confidence. Contractor will use the Court Materials solely for performing the Services and creating Work Product created under this Agreement.

D. INVOICES, PAYMENT AND SETOFF. After the Court has accepted Services and Work Product, Contractor will send one original correct, itemized invoice for the accepted Services and Work Product to “Accounts Payable” at [email protected] or to the address shown on the signature block of this Agreement. Contractor will print each invoice on Contractor’s standard printed bill form, and each invoice will include at least (i) the Agreement number, (ii) a unique invoice number, (iii) Contractor’s name and address, (iv) the nature of the invoiced charge, (v) the total invoiced amount, and (vi) all other details the Court considers reasonably necessary to permit the Court to evaluate the Services performed and the Work Product delivered, including the number of hours worked and the applicable hourly rate. If requested, Contractor will promptly correct any inaccuracy and resubmit the invoice. Payment will follow within 45 business days of receipt of proper invoice. If the Court rejects any Services or Work Product after payment to Contractor, the Court may exercise all contractual and other legal remedies, including (a) setting off the overpayment against future invoices payable by the Court, (b) setting off the overpayment against any other amount payable for the benefit of Contractor pursuant to this Agreement or otherwise, and (c) requiring Contractor to refund the overpayment within thirty (30) days of the Court’s request. Unless Contractor is a governmental entity, the Court will take no action on invoices submitted before Contractor has completed the Court’s standard payee data record form, which Contractor may obtain from the Court. Contractor must include with any request for reimbursement from the Court a certification that Contractor is not seeking reimbursement for costs incurred to assist, promote, or deter union organizing. If Contractor incurs costs, or makes expenditures to assist, promote or deter union organizing, Contractor will maintain records sufficient to show that no reimbursement from the Court was sought for these costs, and Contractor will provide those records to the Attorney General upon request.

E. WARRANTIES. Contractor will perform all Services using skilled personnel only, in a good and workmanlike manner, in accordance with industry standards, and in compliance with all applicable laws, rules, and regulations. Contractor warrants that, upon delivery, all Work Product will (i) be free from defects in workmanship, (ii) not infringe any third party’s rights, including intellectual property rights, (iii) be fit for the purposes intended by the Court, (iv) comply with the requirements of this Agreement, and (v) be in compliance with all applicable laws, rules, and regulations.

F. CHANGES. Contractor may not alter, add to, or otherwise modify this Agreement. Contractor’s additional or different terms and conditions are expressly excluded from this Agreement. This Agreement may be amended, supplemented, or otherwise modified only in writing and signed by the Court’s authorized representative.

G. AUDIT RIGHTS. Contractor agrees to maintain records relating to performance and billing by Contractor under this Agreement for a period of four years after final payment. During the time that Contractor is required to retain these records, Contractor will make them available to the Court, the State Auditor, or their representatives during normal business hours for inspection and copying.



H. INDEMNITY. CONTRACTOR WILL INDEMNIFY AND HOLD HARMLESS THE COURT, OTHER CALIFORNIA JUDICIAL BRANCH ENTITIES, AND THEIR OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL CLAIMS, LOSSES, AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COSTS, THAT ARISE OUT OF (I) A DEFECT, WHETHER LATENT OR PATENT, IN THE WORK PRODUCT, (II) AN ACT OR OMISSION OF CONTRACTOR, ITS AGENTS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR SUBCONTRACTORS IN THE PERFORMANCE OF THIS AGREEMENT, AND (III) A BREACH OF A REPRESENTATION, WARRANTY, OR OTHER PROVISION OF THIS AGREEMENT. THIS INDEMNITY APPLIES REGARDLESS OF THE THEORY OF LIABILITY ON WHICH A CLAIM IS MADE OR A LOSS OCCURS. THIS INDEMNITY WILL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT, ACCEPTANCE OF SERVICES, AND DELIVERY AND ACCEPTANCE OF WORK PRODUCT. THIS INDEMNITY DOES NOT COVER CLAIMS, LOSSES OR EXPENSES TO THE EXTENT THEY ARISE OUT OF THE GROSS NEGLIGENCE OF THE COURT.

I. TERMINATION. The Court may terminate all or part of this Agreement for convenience at any time by giving written notice to Contractor. If the Court terminates this Agreement for convenience, the Court’s liability will be the reasonable price for the Services rendered prior to termination, not to exceed the Maximum Amount. If an hourly or other time-based rate for Services is specified on the coversheet of this Agreement, that rate will be used in determining the reasonable price. Upon receipt of a termination notice, Contractor will, unless otherwise directed, cease work. Contractor will follow the Court’s directions as to work in progress and the delivery of completed or partially-completed Work Product.

J. INSURANCE. Contractor will maintain insurance that is sufficient in scope and amount to permit Contractor to pay in the ordinary course of business insurable claims, losses and expenses, including insurable claims, losses and expenses that arise out of Contractor’s performance of this Agreement. Contractor will maintain employer’s liability and workers’ compensation coverage at statutory levels covering all employees performing work under this Agreement.

K. REPRESENTATIONS. Contractor represents and warrants the following: (i) Contractor complies with all federal, state, city, and local laws, rules, and regulations, including the federal Americans with Disabilities Act of 1990, California’s Fair Employment and Housing Act, and Government Code16645-49; (ii) Contractor does not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, disability (mental or physical, including HIV or AIDS), medical condition (including cancer or genetic characteristics), request for family and medical care leave, marital or domestic partner status, age (over 40), sex (including gender identity) or sexual orientation; (iii) 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; (iv) Contractor will take all reasonable steps to prevent unlawful harassment from occurring; (v) 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 (this representation is made under penalty of perjury); (vi) Contractor has authority to enter into and perform its obligations under this Agreement; (vii) if Contractor is a corporation, limited liability company, or limited partnership and this Agreement will be performed in California, Contractor is qualified to do business and in good standing in California; and (viii) Contractor is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code (“PCC”) section 10286.1, and is eligible to contract with the Court. Contractor will take all action necessary to ensure that the representations in this section remain true during the performance of this Agreement through final payment by the Court. Contractor must give written notice of its nondiscrimination obligations under this section to labor organizations with which it has a collective bargaining or other agreement.

L. ANTITRUST. Contractor shall assign to the Court all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by Contractor for sale to the Court. Such assignment shall be made and become effective at the time the Court tenders final payment to Contractor. If the Court receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this section, Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the Court any portion of the recovery, including treble damages, attributable to overcharges that were paid by Contractor but were not paid by the Court as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Upon demand in writing by Contractor, the Court shall, within one year from such demand, reassign the cause of action assigned


under this part if Contractor has been or may have been injured by the violation of law for which the cause of action arose and (a) the Court has not been injured thereby, or (b) the Court declines to file a court action for the cause of action.

M. MISCELLANEOUS. Contractor will maintain a system of accounting and internal controls that is sufficient to adhere to Generally Accepted Accounting Principles. Contractor is an independent contractor and Contractor will take all action available to Contractor to prevent Contractor, and its agents and employees, from being treated under the law as agents or employees of the Court. Contractor will not assign, subcontract or delegate its obligations under this Agreement without the prior written consent of the Court, and any attempted assignment, subcontract, or delegation is void. The terms and conditions of this Agreement apply to any assignee, subcontractor, trustee, successor, delegate or heir. California law, without regard to its choice-of-law provisions, governs this Agreement. In this Agreement, “including” means “including but not limited to.” The parties shall attempt in good faith to resolve informally and promptly any dispute that arises under this Agreement. Contractor irrevocably consents to personal jurisdiction in the courts of the State of California, and any legal action filed by Contractor in connection with a dispute under this Agreement must be filed in Fresno County, California, which will be the sole venue for any such action. If any part of this Agreement is held unenforceable, all other parts remain enforceable. All headings are for reference purposes only and do not affect the interpretation of this Agreement. A party’s waiver of enforcement of any of this Agreement’s terms or conditions will be effective only if it is in writing. A party’s specific waiver will not constitute a waiver by that party of any earlier, concurrent, or later breach or default. Contractor may not make a public announcement, or issue any press release or other writing, related to this Agreement, the Services, or Work Product without first obtaining the Court’s prior written approval, which may be denied for any or no reason.

N. BACKGROUND CHECKS AND BADGES. Contractor shall provide all releases, waivers, and permissions the Court may require for background checks. Contractor understands all background checks and badges will be conducted and processed by the Court or the Court’s chosen agency at Contractor’s expense. Contractor shall not assign personnel who refuse to undergo a background check or whose background check results are unacceptable to the Court. Contractor, Contractor’s employees and subcontractors shall adhere to Exhibit B, Vendor/Contractor Access Policy.

O. COUNTERPARTS. This Agreement may be executed via electronic transaction (documents scanned and sent via email) and will have the same effect and validity as signed original counterparts.

Exhibit B Vendor/Contractor Access Policy



PAYEE DATA RECORD (in lieu of IRS W-9) Required in lieu of IRS W-9 form when receiving payments from

the Judicial Council of California (JCC) on behalf of the Superior Courts of California

1

Instructions

See page two for additional instructional information and Privacy Statement. Complete all information on this form, and sign, date. Prompt return of this fully completed form will prevent delays when processing payments. Information provided in this form will be used to prepare Information Returns (1099). Return this form to your court representative who will forward it to the Judicial Council of California.

SECTIONS 2 THRU 5 TO BE COMPLETED BY VENDOR

2

Legal

Name

PAYEE'S LEGAL NAME - AS SHOWN ON FEDERAL INCOME TAX RETURN

BUSINESS NAME - IF DIFFERENT FROM ABOVE E-MAIL ADDRESS

REMITTANCE MAILING ADDRESS BUSINESS ADDRESS (if different from remittance mailing address)

CITY, STATE, ZIP CODE

,

CITY, STATE, ZIP CODE

,

PHONE NUMBER FACSIMILE NUMBER

3

Payee

Entity

Type

Complete

One Box

Only

NOTE A taxpayer

identification number

is required

ENTER FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEIN)

PARTNERSHIP CORPORATION EXEMPT (NON-PROFIT)

LIMITED LIABILITY COMPANY CORPORATION – LEGAL GOVERNMENT

CORPORATION – MEDICAL OTHER – ESTATE OR TRUST ____________________________________________________________________________________________________________________________

INDIVIDUAL/SOLE PROPRIETOR

ENTER SOCIAL SECURITY NUMBER (SSN)

If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN; however, the IRS prefers that you use your SSN. An

employee vendor is not required to provide a SSN.

4

Resident

Status check the appropriate

box

California Resident - Qualified to do business in California or maintains place of business

California Nonresident (see reverse side) - Payments to non-resident for services may be subject to State Income Tax withholding.

No services performed in California

Copy of Franchise Tax Board waiver of State Withholding attached

5

Certification

NOTE See instructions on

page 2

Vendor

Contact

Information

and

signature

Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be

issued to me), and

2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been

notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report

all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and

3. I am a U.S. citizen or other U.S. person, as defined by the IRS.

I hereby certify under the penalty of perjury that the information provided on this document is true and correct.

Should my information change, I will promptly notify the JCC at the address listed in Section 1. VENDOR REPRESENTATIVE'S NAME (Type or Print) TITLE E-MAIL

AUTHORIZED VENDOR SIGNATURE DATE TELEPHONE

SECTION 6 TO BE COMPLETED BY COURT

6

Vendor

Category

Court

Contact

Please choose from the JCC Vendor category below to help us expedite payment

COURT CONTACT NAME PHONE NUMBER EMAIL

FOR JCC USE ONLY (Form updated 3/8/2019) Assigned Vendor Number Assigned By:

GRAND JURY

MEDIATOR

SETTLEMENTS/AWARDS

VOLUNTEER

OTHER (description required)

ARBITRATOR

BENEFIT PROVIDER

CONTRACTOR

COURT APPT. COUNSEL

COURT REPORTER

DECEASED FINAL PAYMENT

EMPLOYEE

GARNISHMENT TRUSTEE

COURT INTERPRETER: (indicate language)

RENT

RETIREE - MEDICAL PREMIUM REIMBURSE

RETIREE - "IN LIEU OF" PAYMENT

Attachment B


Requirement to Complete Payee Data Record A completed Payee Data Record (in lieu of the IRS W-9) is required for payments and will be kept on file at the Judicial Council of California,

Trial Court Administrative Services Office. Since each state agency with which you do business must have a separate Payee Data Record on file,

it is possible for a payee to receive a similar form from various state agencies.

SECTIONS 2 THRU 5 TO BE FILLED OUT BY VENDOR

2

Enter the payee’s legal name. Sole proprietorships must also include the owner’s full name.

An individual must list his/her legal name as it appears on his/her Federal Income tax return. If a different name is

used, that name should also be entered, beneath the legal name.

The mailing address should be the address at which the payee chooses to receive correspondence. The business address

is the physical location of business, if different than mailing address. The phone number, e-mail address, and facsimile

number should also be provided.

3

Check the box that corresponds to the payee business type. Check only one box. Corporations must check the box that

identifies the type of corporation.

The State of California requires that all parties entering into business transactions that may lead to payment(s) from the

State provide their Taxpayer Identification Number (TIN). The TIN is required by the California Revenue and

Taxation Code Section 18646 to facilitate tax compliance enforcement activities and the preparation of Form 1099 and

other information returns as required by the Internal Revenue Code Section 6109(a).

The TIN for individuals is their Social Security Number (SSN). A sole proprietor may have both a Federal Employer

Identification Number (FEIN) and a SSN, the IRS prefers that sole proprietors user their SSN. Only partnerships,

estates, trusts, and corporations will enter their FEIN.

4

Are you a California resident or non-resident?

A corporation will be defined as a “resident” if it has a permanent place of business in California or is qualified

through the Secretary of State to do business in California.

A partnership is considered a resident partnership if it has a permanent place of business in California.

An estate is a resident if the decedent was a California resident at the time of death.

A trust is a resident if at least one trustee is a California resident.

For individuals and sole proprietors, the term “resident” includes every individual who is in California for other than

a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or

transitory purpose. Generally, an individual who comes to California for a purpose that will extend over a long or

indefinite period will be considered a resident. However, an individual who comes to perform a particular contract

of short duration will be considered a non-resident.

Payments to all non-residents may be subject to withholding. Non-resident payees performing services in California

or receiving rent, lease, or royalty payments from property (real or personal) located in California will have 7% of

their total payments withheld for State income taxes. However, no withholding is required if total payments to the

payee are $1,500 or less for the calendar year.

For information on Non-resident Withholding, contact the Franchise Tax Board at the numbers listed below:

Withholding Services and Compliance Section: 1-888-792-4900 E-mail address: [email protected]

For hearing impaired with TDD, call: 1-800-822-6268 Website: www.ftb.ca.gov

5

This form must be signed. Provide the name, title, e-mail, and telephone number of the individual completing this

form. Also, provide the date the form was completed.

Certification Instructions: You must cross out item 2 if you have been notified by the IRS that you are currently

subject to backup withholding because you have failed to report all interest and dividends on your tax return. If you are

not a U.S. Citizen or U.S. person, as defined by the Internal Revenue Service, a different form may be required and tax

withholdings may apply. See IRS website http://www.irs.gov/businesses/international/index.html for additional

information.

SECTION 6 TO BE FILLED OUT BY COURT

6

Please check the box that best describes the type of business/work the vendor provides. This will assist us in

processing payment and tax withholdings. If the court is sending the request, please include contact information to

assist with processing your request. Not including court contact information may delay processing the request.

Privacy Statement: Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, State, or local governmental

agency, which requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is

mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it.

It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is

subject to federal backup withholding and State law imposes non-compliance penalties of up to $20,000.

You have the right to access records containing your personal information, such as your SSN. To exercise the right, please contact the

business services unit or the accounts payable unit of the state agency(ies) with which you transact that business.


http://www.ftb.ca.gov/

http://www.irs.gov/businesses/international/index.html

REQUEST FOR QUALIFICATIONS (RFQ) 10-2019-HTCE.pdf · 10/03/2020 · RFQ Title: Friday Court Evaluation Services RFQ Number: 10-2019-HTCE 7 4.0 Responding to this RFQ 4.1 Submitting

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