CFCC25-190RB-Attach-2-Std_Terms_and_Conditions.pdf

Title: Uniform Child Support Guideline

RFP CFCC25-190RB

Attachment 2 Standard Terms and Conditions rev. Dec.2023

STANDARD AGREEMENT rev Dec. 2023

AGREEMENT NUMBER

[Agreement number]

1. In this agreement (“Agreement”), the term “Contractor” refers to [Contractor name], and the term “JCC” refers to the Judicial Council of California.

2. This Agreement is effective as of [Date] (“Effective Date”) and expires on [Date] (“Expiration Date”).

3. The maximum amount the JCC may pay Contractor under this Agreement is $[Dollar amount] (the “Contract Amount”).

4. The purpose or title of this Agreement is: Uniform Child Support Guideline, pursuant to RFP CFCC-2024-01-LV 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 – Goods and Services Appendix B – Payment Provisions Appendix C – General Provisions Appendix D – Defined Terms Appendix E – Unruh Civil Rights Act and FEHA Certification [Only when entering into or renewing a contract $100,000 or more]

JUDICIAL COUNCIL’S SIGNATURE

CONTRACTOR’S SIGNATURE

JUDICIAL COUNCIL OF CALIFORNIA

CONTRACTOR’S NAME (if Contractor is not an individual person, state whether Contractor is a corporation, partnership, etc., and the state or territory where Contractor is organized)

BY (Authorized Signature)

BY (Authorized Signature)

PRINTED NAME AND TITLE OF PERSON SIGNING

[Name and title]

PRINTED NAME AND TITLE OF PERSON SIGNING

[Name and title]

DATE EXECUTED

[Date]

DATE EXECUTED

[Date]

ADDRESS

Attn: Branch Accounting and Procurement | Administrative Division 455 Golden Gate Avenue, 6th Floor.

San Francisco, CA 94102-3688

ADDRESS

[Address]

SAMPLE ONLY – DO NOT SIGN

rev. Dec.2023 A-1

APPENDIX A

Services

1. Background and Purpose.

1.1 The Judicial Council of California (JCC), chaired by the Chief Justice of California, is the chief policy making agency of the California judicial system. The California Constitution directs the JCC to improve the administration of justice by surveying judicial business, recommending improvements to the courts, and making recommendations annually to the Governor and the Legislature. The JCC also adopts rules for court administration, practice, and procedure, and performs other functions prescribed by law. The JCC staff assists both the council and its chair in performing their duties.

1.2 The JCC’s Center for Families, Children & the Courts (CFCC) will coordinate this project. The CFCC focuses on juvenile and family projects that improve the lives of children through positive changes in the trial and appellate courts’ handling of matters involving children and families.

The Child Support Commissioner and Family Law Facilitator Program (Assembly Bill 1058) is a mandated statewide program to expedite child support cases. The JCC administers it by adopting rules and forms, setting standards for the Office of the Family Law Facilitator, overseeing budget administration, and in other ways ensuring successful implementation of the program.

A cooperative agreement, number 10-1115, between the Department of Child Support Services (DCSS) and the JCC provides for two-thirds (2/3) funding originating from the federal government and Trial Court Improvement Funds provide the one-third (1/3) state match needed to conduct the quadrennial review. The Child Support Commissioner and Family Law Facilitator Program is charged with the oversight of the JCC’s review of statewide uniform child support guidelines.

1.3 California has adopted a child support guideline in compliance with federal law, 42 U.S.C. section 667(a).

California Family Code section 4054(a) provides that the “Judicial Council shall periodically review the statewide uniform guideline to recommend to the Legislature appropriate revisions.” California’s guideline is found at Family Code sections 4050–4076.

Federal law also requires that child support guidelines be reviewed by the state at least once every four years to “ensure that their application results in the determination of appropriate child support award amounts,” as promulgated by 42 U.S.C. section 667(a).

2. Services.

Description of Services. Contractor shall perform the following services (“Services”)

2.1 All research plans must be approved by the JCC AB 1058 Program Manager prior to performing work.

All written reports must adhere to the latest version of the JCC Style Guide and any other related report guidelines, templates, etc. as directed by the JCC when submitting written work and be transmitted in a hardcopy format as required by the JCC and electronically in an editable Microsoft Word format. If no JCC template is available for this report type, the Proposer must develop one based on the JCC Style Guide. All charts, tables, and graphics must be submitted in an editable format as well. The Proposer must submit an annotated bibliography and hard copies of all source materials used with each deliverable (and include an electronic link to an online source, if available).

2.2 Prepare an updated review and analysis of current and historical economic research on the cost of raising

Agreement No. ________, with ____________.

rev Dec. 2023 A-2 children, including a critical analysis of the economic analyses used to construct child support guidelines.

Submit written report in a Microsoft Word format including a written justification for additional original research or analysis based on gaps in previous research or no research completed since 2021, as well as any research limitations or challenges encountered while conducting this part of the study.

2.3 Verify that the sample size and the courts identified by the Judicial Council are representative of child support cases statewide and conduct an analysis on the actual application of the guideline using case file data (from approximately 1,100 case files) provided by the Judicial Council.

Written report should also address the following:

2.3.1 Detailed analysis of the actual application of the guideline and how often courts deviate from the child support guideline, including the reasons given for the deviation.

2.3.2 The rates of default and imputed child support orders and orders determined using the low-income adjustment, including how many obligors are qualified for the low-income adjustment; and

2.3.3 Whether child support orders based on anything other than actual earnings (such as imputations of income, or use of earning capacity) take into consideration the specific circumstances of custodial parents (CPs) and noncustodial parents (NCPs), such as residence, employment and earnings history, job skills, educational attainment, literacy, age, health, criminal history.

2.4 Conduct literature reviews on new research published after 2021 that was not included in the last quadrennial review, examine, and provide written report on the following special topics.

2.4.1 A review and examination of other states’ policies and practices on cases with limited or no information on actual earnings (such as presumed income, earning capacity, or minimum support order practices).

2.4.2 A review and examination of the California Statewide Uniform Guideline for Child Support, including:

1. Consideration of economic data on the cost of raising children, labor market data by occupation and skill-level for state and local job markets, the impact of guidelines policies and amounts on parents who have family incomes below 200% of the Federal poverty level, and factors that influence employment rates among NCPs and compliance with child support orders.

2. Use of all actual earnings and income of CPs and NCPs.

3. Consideration of the basic subsistence needs of CPs and children and of NCPs who have a limited ability to pay by incorporating a low-income adjustment, such as a self-support reserve or some other method determined by the State.

4. When the use of imputation of income, or earning capacity, is authorized, consideration of the specific circumstances of CPs and NCPs, including such factors as the parent’s assets, residence, employment and earnings history, job skills, educational attainment, literacy, age, health, criminal record and other employment barriers, and record of seeking work. Labor market data (such as unemployment rates, employment rates, hours worked, and earnings) by occupation and skill-level for the State and local job markets, and factors that influence employment rates among noncustodial parents and compliance with child support orders [as required by 42 Code of Federal Regulations part 302.56(h)(1)].

2.4.3 A review and examination of the following other special topics:

rev Dec. 2023 A-3

1. A comparison of payments on child support orders by case characteristics, including whether the order was entered by default, based on imputed income or earning capacity, or determined using the low-income adjustment; and,

2. A mathematical analysis of how the algebraic formula for child support (Family Code section 4055) can be used when a court has found that a child has more than two financially responsible parents; and an analysis of what changes to the formula may be necessary to ensure guideline support for cases with 3 or more parents is consistent with the current formula.

2.5 Organize and conduct one (1) focused discussion group involving child support commissioners on the interpretation of the case file review findings. Organize and conduct one (1) focused discussion group with the Department of Child Support Services (DCSS) and Local Child Support Agencies (LCSAs) representatives from the counties where the case file review is conducted, selected after consultation with DCSS. Organize and conduct one (1) focused discussion group including a broad cross-section of advocacy groups representing custodial parents, noncustodial parents, and children Organize and conduct one (1) focused discussion group including custodial and non-custodial parents. All focus groups will be conducted via videoconference.

The virtual focused discussion group will elicit feedback on the fairness, appropriateness, and comprehensibility of the current guideline, the interpretation of the case file review findings and solicit stakeholder input on access to justice to identify best practices. Develop list of discussion questions for each focus group in consultation with the JCC AB 1058 Program Manager. Virtual focus groups must be conducted on a platform that enables meeting recording and automated audio transcription features such as Zoom. Submit written report on focus group themes and findings to be included in the final report.

2.6 Compare results of the current guideline review to results from previous California guideline studies and from studies conducted in other states. This study should be informed by the Review of Statewide Uniform Child Support Guideline from 1998, 2001, 2005, 2010, 2017, and 2021. All studies were conducted by the JCC and are available for review at: https://courts.ca.gov/programs/families-and-children/family-law/ab- 1058-child-support-program/review-child-support.

2.7 Provide results and conclusions useful for the development of draft policy recommendations. Collaborate with the JCC AB 1058 Program Manager and other JCC staff, as appropriate, to develop draft policy recommendations based on the findings from the updated review of economic data on the cost of raising children, the case file review, virtual focus groups, and the various literature reviews. Policy recommendations should include an analysis of the data from case file reviews to ensure that deviations from the guidelines are limited and guideline amounts are appropriate based on federal and state law. Policy recommendations should also include an analysis of the impact of California’s low-income adjustment based on findings from the literature reviews and analysis of case file data. Specific recommendations should be made on 1) whether the current low-income adjustment is appropriate, and 2) whether the current low-income adjustment amount is sufficient to comply with federal regulation requirement for meeting the basic subsistence needs of the noncustodial parent.

2.8 Provide the JCC AB 1058 Program Manager with an initial draft report of all the findings of the research estimated to be no later than February 20, 2026, and a revised final report by no later than March 20, 2026.

2.9 Participate in bi-weekly virtual meetings or telephone conferences with the JCC AB 1058 Program

Manager and other JCC staff, as appropriate, to review the development of research design, data analysis procedures and research methodology, and written reports and be responsive to emails and phone calls from the JCC AB 1058 Program Manager on an ongoing basis.

3.0 Description of Deliverables. Contractor shall deliver to the JCC the following work products (“Deliverables”):

https://courts.ca.gov/programs/families-and-children/family-law/ab-1058-child-support-program/review-child-support https://courts.ca.gov/programs/families-and-children/family-law/ab-1058-child-support-program/review-child-support rev Dec. 2023 A-4

3.1 Deliverable 1: Meeting with JCC AB 1058 Program Management

3.1.1 Submit a project plan to program manager.

3.1.2 Initial videoconference or teleconference meeting to review and discuss the project plan.

3.2 Deliverable 2: Research on the Cost of Raising Children

3.2.1 Prepare an updated review and analysis of current and historical economic research on the cost of raising children, including a critical analysis of the economic analyses used to construct child support guidelines.

3.2.2 Submit written report in a Microsoft Word format including a written justification for additional original research or analysis based on gaps in previous research or on research completed since 2021, as well as any research limitations or challenges encountered while conducting this part of the study.

3.3 Deliverable 3: Literature Reviews on Special Topics

3.3.1 Submit written report(s) in a Microsoft Word format of literature review findings, as well as any research limitations or challenges encountered while conducting this part of the study. Include the literature reviews for the three (3) items listed below.

1. A review and examination of the California Statewide Uniform Guideline for Child Support, including:

i). Consideration of economic data on the cost of raising children, labor market data by occupation and skill-level for state and local job markets, the impact of guidelines policies and amounts on parents who have family incomes below 200% of the Federal poverty level, and factors that influence employment rates among NCPs and compliance with child support orders.

ii. Use of all actual earnings and income of CPs and NCPs.

iii. Consideration of the basic subsistence needs of CPs and children and of NCPs who have a limited ability to pay by incorporating a low-income adjustment, such as a self-support reserve or some other method determined by the State.

iv. When the use of imputation of income, or earning capacity, is authorized, consideration of the specific circumstances of CPs and NCPs, including such factors as the parent’s assets, residence, employment and earnings history, job skills, educational attainment, literacy, age, health, criminal record and other employment barriers, and record of seeking work. Labor market data (such as unemployment rates, employment rates, hours worked, and earnings) by occupation and skill-level for the State and local job markets, and factors that influence employment rates among noncustodial parents and compliance with child support orders [as required by 42 Code of Federal Regulations part 302.56(h)(1)].

2. A written review and examination of the other special topics i.) A comparison of payments on child support orders by case characteristics, including whether the order was entered by default, based on imputed income or earning capacity, or determined using the low-income adjustment; and, ii.) A mathematical analysis of how the algebraic formula for child support (Family Code section 4055) can be used when a court has found that a child has more than two financially responsible rev Dec. 2023 A-5 parents; and an analysis of what changes to the formula may be necessary to ensure guideline support for cases with 3 or more parents is consistent with the current formula.

3. A review and examination of other states’ policies and practices on cases with limited or no information on actual earnings (such as presumed income, earning capacity, or minimum support order practices).

3.4 Deliverable 4: Case File Review Data Analysis

3.4.1 Submit a written final analysis verifying that the sample courts identified by the Judicial Council are representative of child support cases statewide. Submit a written report on the handling of collected case file review data provide by the Judicial Council and written report development.

Include data management timeline of data entry procedures, data validation techniques, research methodology, and proposed statistical tests.

3.4.2 Submit electronic database of data entered from case file review in both Microsoft Excel and .csv formats, including coding sheet. Submit uniformly formatted charts, tables, and graphics of analyzed data, in addition to copies of syntax and formulas used to run various statistical tests and data analyses, and a written summary of how these numbers were derived.

3.4.3 Submit written report in a Microsoft Word format of case file review findings and results and litigant characteristics as reflected in previous California child support guideline studies, as well as any research limitations or challenges encountered while conducting this part of the study.

3.4.4 Verify that the sample size and the courts identified by the Judicial Council are representative of child support cases statewide and conduct an analysis on the actual application of the guideline using case file data (from approximately 1,100 case files) provided by the Judicial Council.

3.4.5 Written report should also address the following:

1.1 Detailed analysis of the actual application of the guideline and how often courts deviate from the child support guideline, including the reasons given for the deviation.

1.2 The rates of default and imputed child support orders and orders determined using the low-income adjustment, including how many obligors are qualified for the low-income adjustment;

and

1.3 Whether child support orders based on anything other than actual earnings (such as imputations of income, or use of earning capacity) take into consideration the specific circumstances of custodial parents (CPs) and noncustodial parents (NCPs), such as residence, employment and earnings history, job skills, educational attainment, literacy, age, health, criminal history.

3.5 Deliverable 5: Virtual Focus Groups

3.5.1 Submit detailed written final plan describing focus group timeline, recruitment and sampling strategy to ensure statewide representativeness, organization, facilitation, transcription, audio recording, and written report development for all four groups as identified below:

1.1 Organize and conduct one (1) focused discussion group involving child support commissioners on the interpretation of the case file review findings. Organize and conduct one (1) focused discussion group with the Department of Child Support Services (DCSS) and Local Child Support Agency (LCSA) representatives from the counties where the case file review is conducted, rev Dec. 2023 A-6 selected after consultation with DCSS. Organize and conduct one (1) focused discussion group including a broad cross-section of advocacy groups representing custodial parents, noncustodial parents, and children. Organize and conduct one (1) focused discussion group including custodial and non-custodial parents. All focus groups will be conducted via videoconference.

1.2 The virtual focused discussion group will elicit feedback on the fairness, appropriateness, and comprehensibility of the current guideline, the interpretation of the case file review findings and solicit stakeholder input on access to justice to identify best practices. Develop list of discussion questions for each focus group in consultation with the JCC AB 1058 Program Manager. Virtual focus groups must be conducted on a platform that enables meeting recording and automated audio transcription features such as Zoom. Submit written report on focus group themes and findings to be included in the final report.

1.3 At least one child support commissioner from each of the study counties should be included in the discussion on the interpretation of case file review findings.

1.4 Submit written report in a Microsoft Word format of focus group themes and findings, as well as any research limitations or challenges encountered while conducting this part of the study.

1.5 Submit digital copies of video recordings and written transcripts from all four focused discussion groups.

3.6 Deliverable 6: Draft Report

3.6.1 Submit a report with written policy recommendations based on findings from the current guideline study in addition to previous California guideline studies and studies from other states.

The following criteria should be used when making the policy recommendations:

1) ensure that the guideline results in appropriate child support orders,

2) ensure that the guideline limits deviations, and

3) ensure that the guideline is in compliance with federal law.

Submit a written final draft report in a Microsoft Word format. The final draft report should include the written reports from deliverables 1-6 (as identified above), in addition to the policy recommendations.

3.7 Deliverable 7: Final Report

3.7.1 Submit a revised final report based on feedback from the Program Manager.

This final report will include an introduction describing the background of the study, in addition to a conclusion that also addresses any research limitations or challenges encountered while conducting the study.

3.8 Deliverable 8: Virtual Meeting or Telephone and Email Contact with JCC AB 1058 Program Management

3.8.1 Consult with the JCC AB 1058 Program Manager, JCC staff, or designee via virtual meeting or telephone on a biweekly basis and be responsive to emails and phone calls from the JCC AB 1058 Program Manager on an as-needed basis. Every other week schedule, including day and time, to be arranged.

3.9 Deliverable 9: Virtual Meeting or Telephone and Email Contact with JCC AB 1058 Program Management

3.9.1 Proposer will be available on an on-going basis through July 15, 2026, to provide training materials, if rev Dec. 2023 A-7 necessary, assist in responses to public comments, and respond to any questions regarding methodology and study findings that may arise during the public comment or review by the JCC.

4.0 Acceptance Criteria. The Services and Deliverables must meet the following acceptance criteria or the JCC may reject the applicable Services or Deliverables. The JCC may use the attached Acceptance and Signoff Form to notify Contractor of the acceptance or rejection of the Services and Deliverables. Contractor will not be paid for any rejected Services or Deliverables.

5.0 Timeline. Contractor must perform the Services and deliver the Deliverables according to the following timeline:

Deliverable 1: Meeting with JCC AB 1058 Program Management

Deliverable 1 Estimated Due Date

Submit a project plan to program manager.

March 17, 2025

Initial videoconference or teleconference meeting to review and discuss the project plan.

Deliverable 2: Research on the Cost of Raising Children

Deliverable 2 Estimated Due Date

Prepare an updated review and analysis of current and historical economic research on the cost of raising children, including a critical analysis of the economic analyses used to construct child support guidelines. On or before June

18, 2025 Submit written report in a Microsoft Word format including a written justification for additional original research or analysis based on gaps in previous research or on research completed since 2021, as well as any research limitations or challenges encountered while conducting this part of the study.

Deliverable 3: Literature Reviews on Special Topics

Deliverable 3 Estimated Due Date

Submit written report(s) in a Microsoft Word format of literature review findings, as well as any research limitations or challenges encountered while conducting this part of the study.

Include the literature reviews for the three items below.

On or before July 9, 2025

Research and discuss California’s Statewide Uniform Guideline for Child Support in a written review. The Items to be included are identified in 3.3 above.

A written review and examination of the other special topics identified in 3.3 above.

A written review and examination of other states’ policy models on cases with limited or no information on actual earnings as identified in Section 2.4.1 above.

Deliverable 4: Case File Review Data Analysis

Deliverable 4 Estimated Due Date

Submit a written final analysis verifying that the sample courts identified by the Judicial Council are representative of child support cases statewide. Submit a written report on the handling of collected case file review data provide by the Judicial Council and written report

On or before November 17, 2025 rev Dec. 2023 A-8 development. Include data management timeline of data entry procedures, data validation techniques, research methodology, and proposed statistical tests.

Submit electronic database of data entered from case file review in both Microsoft Excel and .csv formats, include coding sheet. Submit uniformly formatted charts, tables, and graphics of analyzed data, in addition to copies of syntax and formulas used to run various statistical tests and data analyses, and a written summary of how these numbers were derived.

Submit written report in a Microsoft Word format of case file review findings and results and litigant characteristics as reflected in previous California child support guideline studies, as well as any research limitations or challenges encountered while conducting this part of the study. The report shall include the Items identified in Section 3.4 above.

Deliverable 5: Virtual Focus Groups

Deliverable 5 Estimated Due Date

Submit detailed written final plan describing focus group timeline, recruitment and sampling strategy to ensure statewide representativeness, organization, facilitation, transcription, audio recording, and written report development for all four groups as identified in Section 3.5 above. At least one child support commissioner from each of the study counties should be included in the discussion on the interpretation of case file review findings.

Submit written report in a Microsoft Word format of focus group themes and findings, as well as any research limitations or challenges encountered while conducting this part of the study.

Submit digital copies of video recordings and written transcripts from all four focused discussion groups.

January 17, 2026

Deliverable 6: Draft Report Deliverable 6 Estimated

Due Date

Submit a report with written policy recommendations based on findings from the current guideline study in addition to previous California guideline studies and studies from other states. The following criteria should be used when making the policy recommendations:

1) ensure that the guideline results in appropriate child support orders,

2) ensure that the guideline limits deviations, and

3) ensure that the guideline is in compliance with federal law.

Submit a written final draft report in a Microsoft Word format. The final draft report should include the written reports from deliverables 1-6 (as identified above in Section 3.6), in addition to the policy recommendations.

February 20, 2026

Deliverable 7: Final Report Deliverable 7 Estimated

Due Date rev Dec. 2023 A-9

Submit a revised final report based on feedback from the Program Manager.

This final report will include an introduction describing the background of the study, in addition to a conclusion that also addresses any research limitations or challenges encountered while conducting the study.

On or before March 20, 2026

Deliverable 8: Virtual Meeting or Telephone and Email Contact with JCC AB 1058 Program Management Deliverable 8 Estimated

Due Date

Consult with the JCC AB 1058 Program Manager, JCC staff, or designee via virtual meeting or telephone on a biweekly basis and be responsive to emails and phone calls from the JCC AB 1058 Program Manager on an as-needed basis. Every other week schedule, including day and time, to be arranged.

On or before July 15, Deliverable 9: Virtual Meeting or Telephone and Email Contact with JCC AB 1058 Program Management Deliverable 9 Estimated

Due Date

Proposer will be available on an on-going basis through July 15, 2026, to provide training materials, if necessary, assist in responses to public comments, and respond to any questions regarding methodology and study findings that may arise during the public comment or review by the

JCC.

On or before July 15, 2026

5.1 Project Managers. The JCC’s project manager is: [Insert name]. The JCC may change its project manager at any time upon notice to Contractor without need for an amendment to this Agreement. Contractor’s project manager is: [Insert name]. Subject to written approval by the JCC, Contractor may change its project manager without need for an amendment to this Agreement.

5.2 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. For each such Deliverable, the foregoing warranty shall commence for such Deliverable upon the JCC’s acceptance of such Deliverable, and shall continue for a period of one (1) year following acceptance. In the event any Deliverable does not to conform to the foregoing warranty, Contractor shall promptly correct all nonconformities to the satisfaction of the JCC.

5.3 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.

5.4 Commencement of Performance. This Agreement is of no force and effect until signed by both parties and all

JCC-required approvals are secured. Any commencement of performance prior to Agreement approval shall be at Contractor's own risk.

5.5 Stop Work Orders.

5.5.1 The JCC may, at any time, by Notice to Contractor, require Contractor to stop all or any part of the Services for a period 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 rev Dec. 2023 A-10 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 JCC 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.

5.5.2 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 JCC shall make an equitable adjustment in the delivery schedule, the Contract Amount, or both, and the Agreement shall be modified, in writing, accordingly, if:

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 JCC decides the facts justify the action, the JCC may receive and act upon a proposal submitted at any time before final payment under this Agreement.

5.5.3 The JCC shall not be liable to Contractor for loss of profits because of a Stop Work Order issued under this provision.

6.0 Acceptance or Rejection. All Goods, Services, and Deliverables are subject to acceptance by the JCC. The JCC may reject any Goods, 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 JCC). If the JCC rejects any Good, Service, or Deliverable (other than for late performance or delivery), Contractor shall modify such rejected Good, Service, or Deliverable at no expense to the JCC to correct the relevant deficiencies and shall redeliver such Good, Service, or Deliverable to the JCC within ten (10) business days after the JCC’s rejection, unless otherwise agreed in writing by the JCC. Thereafter, the parties shall repeat the process set forth in this section until the JCC accepts such corrected Good, Service, or Deliverable. The JCC may terminate that portion of this Agreement which relates to a rejected Good, Service, or Deliverable at no expense to the JCC if the JCC rejects that Good, Service, or Deliverable (i) for late performance or delivery, or (ii) on at least two (2) occasions for other deficiencies.

rev Dec. 2023 A-11

ATTACHMENT 1

ACCEPTANCE AND SIGNOFF FORM

Description of Services or Deliverables provided by Contractor: _____________________________________

Date submitted to the JCC:_____________

The Services or Deliverables are:

1) Submitted on time: [ ] yes [ ] no. If no, please note length of delay and reasons.

2) Complete: [ ] yes [ ] no. If no, please identify incomplete aspects of the Services or Deliverables.

3) Technically accurate: [ ] yes [ ] no. If no, please note corrections required.

Please note level of satisfaction:

[ ] Poor [ ] Fair [ ] Good [ ] Very Good [ ] Excellent

Comments, if any:

[ ] The Services or Deliverables listed above are accepted.

[ ] The Services or Deliverables listed above are rejected.

Name:________________________________________

Title:_________________________________________

Date:____________

END OF ATTACHMENT

rev Dec. 2023 B-1

APPENDIX B

Payment Provisions

1. General. Subject to the terms of this Agreement, Contractor shall invoice the JCC, and the JCC 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 JCC shall have no obligation to pay or reimburse Contractor for, any and all other fees, costs, profits, taxes or expenses of any nature which Contractor incurs.

2. Compensation for Goods. Contractor will invoice the following amounts for Goods that the JCC has accepted:

• N/A

3. Compensation for Services.

3.1 Amount. Contractor will invoice the following amounts for Services or Deliverables that the JCC has accepted:

• [TBD]

3.2 Withholding. When making a payment tied to the acceptance of Deliverables, the JCC shall have the right to withhold fifteen percent (15%) of each such payment until the JCC accepts the final Deliverable.

3.3 No Advance Payment. The JCC will not make any advance payment for Services.

4. Expenses. Except as set forth in this section, no expenses relating to the Goods, Services, and Deliverables shall be reimbursed by the JCC.

• Allowable Expenses. Contractor may submit for reimbursement, without mark-up, only the following categories of expense:

• N/A

5. Invoicing and Payment

5.1 Invoicing. Contractor shall submit invoices to the JCC in arrears no more frequently than monthly.

Contractor’s invoices must include information and supporting documentation acceptable to the JCC.

Contractor shall adhere to reasonable billing guidelines issued by the JCC from time to time.

5.2 Payment. The JCC will pay each correct, itemized invoice received from Contractor after acceptance of the applicable Goods, 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.

5.3 No Implied Acceptance. Payment does not imply acceptance of Contractor’s invoice, Goods, Services, or Deliverables. Contractor shall immediately refund any payment made in error. The JCC shall have the right at any time to set off any amount owing from Contractor to the JCC against any amount payable by the JCC to Contractor under this Agreement.

Taxes. Unless otherwise required by law, the JCC 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 JCC 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 JCC pursuant to this Agreement. .

rev Dec.2023 C-1

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 JCC 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 JCC if the JCC wishes to perform any background checks on Contractor’s personnel by obtaining, at no additional cost, all releases, waivers, and permissions the JCC may require. Contractor shall not assign personnel who refuse to undergo a background check. Contractor shall provide prompt notice to the JCC of (i) any person who refuses to undergo a background check, and (ii) the results of any background check requested by the JCC and performed by Contractor. Contractor shall ensure that the following persons are not assigned to perform services for the JCC: (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 JCC, the JCC advises are unacceptable to the JCC.

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 JCC if any representation and 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 JCC.

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 Judicial Branch 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. Contractor has no interest that would constitute a conflict of interest under PCC 10365.5, 10410 or 10411; 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.

2.6 No Litigation. 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. Contractor complies in all material respects with all laws, rules, and regulations applicable to Contractor’s business and services.

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. The Goods, Services, 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.

rev Dec. 2023 C-2

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. 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. By requiring the minimum insurance set forth in this Agreement, the JCC shall not be deemed or construed to have assessed the risks that may be applicable to Contractor under this Agreement. Contractor shall assess its own risks and if it deems appropriate or prudent, maintain higher limits or broader coverage.

A. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Contractor; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement, whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to the JCC in compliance with the insurance requirements set forth in this Agreement. The JCC may, in its sole discretion, accept self-insurance or risk-pool coverage as a substitute for any of the required insurance policies under this Agreement. No representation is made by the JCC that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this Agreement.

B. Contractor shall obtain and maintain the required insurance for the duration of this

Agreement with an insurance company or companies acceptable to the JCC, in its sole discretion, and that are rated “A-VII” or higher by A. M. Best’s key rating guide and are authorized to do business in the state of California.

C. For all insurance policies required under this Agreement, no deductible shall exceed five

(5) percent of the minimum limit of insurance required under this Agreement unless authorized in writing by the JCC.

Any Contractor deductible must be clearly stated on the appropriate certificate of insurance.

Self-Insured retentions (SIR) must be declared to and approved in writing by the JCC. The JCC may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or JCC. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to Judicial Branch Entities or Judicial Branch Personnel. JCC may deduct from any amounts otherwise due Contractor to fund the SIR. Policies shall NOT contain any SIR provisions that limit the satisfaction of the SIR to the named insured. The policy must also provide that defense costs, including the allocated loss adjustment expenses, will satisfy the SIR. JCC reserves the right to obtain a copy of any policies and endorsements for verification.

D. Contractor is responsible for and may not recover from the State of California, Judicial

Council, or the JCC any deductible or self-insured retention that is connected to the insurance required under this Agreement. If self-insured, Contractor warrants that it will maintain funds to cover losses required to be insured against by Contractor under the terms of this Agreement.

E. Contractor, prior to commencing performance under this Agreement, shall provide JCC with certificates of insurance and signed insurance policy endorsements, on forms acceptable to JCC, as evidence that the required insurance is in full force and effect. The insurance required under this Agreement, and any excess liability rev Dec. 2023 C-3 or umbrella liability insurance, that Contractor maintains in compliance with the terms of this “General Requirements” subsection (with the exception of Professional Liability Insurance, if required) must be endorsed to include the State of California; Judicial Council of California; and the JCC, and their respective elected and appointed officials, judicial officers, officers, employees, and agents as additional insureds. No payments will be made to Contractor until all required current and complete certificates of insurance and signed insurance policy endorsements are properly endorsed and on file with the JCC.

F. The insurance required under this Agreement, including all required additional insured coverages, must be endorsed to be primary and non-contributory to any insurance or self-insurance maintained by the State of California, Judicial Council, or the JCC. Contractor’s liabilities under this Agreement shall not be limited in any manner to the insurance coverage required.

G. Failure to provide the documentation as required prior to the commencement of

Contractor’s performance under this Agreement shall not constitute or be construed as a waiver of the obligation to provide such documentation.

H. The Certificates of Insurance must be addressed and mailed to:

[Provide name and address.]

I. All insurance policies required under this Agreement must remain in force for the entire duration of this Agreement. If the insurance expires during the Term of this Agreement, Contractor shall immediately renew or replace the required insurance and provide a new current certificate of insurance and signed insurance policy endorsement(s), or Contractor will be in breach of this Agreement, and the JCC may direct the Contractor to stop work or may take other remedial action. Contractor must provide renewal insurance certificates and signed policy endorsements to JCC on or before the expiration date of the previous insurance certificates and signed policy endorsements. Any new insurance procured by Contractor must conform to the requirements of this Agreement.

J. In the event Contractor fails to keep the specified insurance coverage in force at all times required under this Agreement, JCC may, in addition to and without limiting any other remedies available to it, (i) order the Contractor to stop work, or (ii) terminate this Agreement upon the occurrence of such event, subject to the provisions of this Agreement.

K. Contractor, and each insurer providing insurance required under this Agreement, expressly waives all rights of recovery and subrogation rights it may have against the State of California, Judicial Council, the JCC, and their respective elected and appointed officials, judicial officers, officers, employees, and agents for direct physical loss or damage arising from Contractor’s performance of this Agreement, and for any liability arising out of or in connection with Contractor’s performance of this Agreement or arising out of or in connection with Contractor’s breach of this Agreement. This provision does not apply to professional liability insurance policies.

L. Contractor shall provide the JCC…