HomeMy WebLinkAbout30542Agreement No. 16-411
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AGREEMENT
This Agreement is made and entered into this 21st day of June 2016, by and
3 between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter
4 referred to as "COUNTY", and VOCATIONAL MANAGEMENT SERVICES, INC. a California
5 corporation whose address is 2665 N. Air Fresno, Suite 110, Fresno, CA 93727, hereinafter referred
6 to as "CONTRACTOR".
7 W I T N E S S E T H:
8 WHEREAS, pursuant to the California Work Opportunity and Responsibility to Kids Act
9 Division 9, Part 3, Chapter 2, Section 11320 et seq., County is mandated to deliver a time-limited
10 structural sequence of employment related activities and supportive services that are designed to
11 maximize unsubsidized employment opportunities to able-boded, non-exempt CalWORKs public
12 assistance applicants and recipients; and
13 WHEREAS, COUNTY's Department of Social Services has developed and submitted to the
14 State of California a CalWORKs COUNTY Plan meeting the requirements of the CalWORKs Act to
' 15 deliver employment and training services to public assistance recipients; and
16 WHEREAS, COUNTY is authorized to enter into an Agreements with CONTRACTOR for
1 7 such services pursuant to CalWORKs and the rules and regulations of the California Department of
18 Social Services.
19 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the
2 0 parties hereto agree as follows:
1. SERVICES 21
22 A. CONTRACTOR shall perform all services set forth in Exhibit A, Summary of
2 3 Services, attached hereto and by this reference incorporated herein.
24 B. CONTRACTOR shall also perform all services and fulfill all responsibilities as
2 5 specified in COUNTY's Request for Proposal (RFP) No. 952-5452 dated February 26, 2016,
2 6 Addendum No. One (1) to COUNTY's RFP dated March 18, 2016, hereinafter referred to as
2 7 COUNTY's Revised RFP, and CONTRACTOR's response to said Revised RFP dated March 25,
2 8 2016; all incorporated herein by reference and made part of this Agreement. In the event of any
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1 inconsistency among these documents, the discrepancy shall be resolved by giving precedence in the
2 following order of priority: (1) to this Agreement, including all exhibits; (2) to the COUNTY's
3 Revised RFP; (3) CONTRACTOR's response to said COUNTY's Revised RFP dated March 25, 2016.
4 A copy of COUNTY's Revised RFP and CONTRACTOR's response thereto shall be retained and
5 made available during the term of this Agreement by COUNTY's DSS Administration.
6 C. Additionally CONTRACTOR shall provide all services in accordance with the
7 State of California's Social Services Manual of Policies and Procedures, Eligibility and Assistance
8 Standards sections 42-716, 42-717, and 42-718.
9 2. TERM
10 The term of this Agreement shall be for a period of three (3) years, commencing on the
11 151 day of July 2016, through and including the 30 1h day of June 2019. This agreement may be
12 extended for two (2) additional consecutive twelve ( 12) month periods upon the approval of both
13 parties no later than thirty (30) days prior to the first day of the next twelve month extension period.
14 The Director of the Department of Social Services or designee is authorized to execute such written
15 approval on behalf of COUNTY based on CONTRACTOR's satisfactory performance.
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3. TERMINATION
A. Non-Allocation of Funds -The terms of this Agreement, and the services to be
18 provided thereunder, are contingent on the approval of funds by the appropriating government agency.
19 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
2 0 terminated at any time by giving CONTRACTOR thirty (30) days advance written notice.
21 B. Breach of Contract -COUNTY may immediately suspend or terminate this
2 2 Agreement in whole or in part, where in the determination of COUNTY there is:
2 3 1) An illegal or improper use of funds;
24 A failure to comply with any term of this Agreement;
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3) A substantially incorrect or incomplete report submitted to COUNTY;
2 6 4) Improperly performed service.
2 7 In no event shall any payment by COUNTY constitute a waiver by COUNTY of
2 8 any breach of this Agreement or any default which may then exist on the part of CONTRACTOR.
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Neither shall such payment impair or prejudice any remedy available to COUNTY with respect to the
breach or default. COUNTY shall have the right to demand of CONTRACTOR the repayment to
COUNTY of any funds disbursed to CONTRACTOR under this Agreement, which in the judgment of
COUNTY were not expended in accordance with the terms of this Agreement. CONTRACTOR shall
promptly refund any such funds upon demand or, at COUNTY's option, such repayment shall be
deducted from future payments owing to CONTRACTOR under this Agreement.
c. Without Cause -Under circumstances other than those set forth above, this
8 Agreement may be terminated by CONTRACTOR or COUNTY or COUNTY's DSS Director, or
9 designee, upon the giving of thirty (30) days advance written notice of an intention to terminate the
10 Agreement.
11 4. COMPENSATION
12 For actual services provided as identified in the terms and conditions of this Agreement,
13 COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive compensation in
14 accordance with Exhibit B, Budget, attached here to and by this reference incorporated herein.
15 Mandated travel shall be reimbursed based on actual expenditures and mileage reimbursement shall be
16 at CONTRACTOR's adopted rate per mile, not to exceed the IRS published rate. Payment shall be
1 7 made upon certification or other proof satisfactory to COUNTY's DSS that services have actually
18 been performed by CONTRACTOR as specified in this Agreement.
19 For each twelve (12) month period of this Agreement, in no event shall services
2 O performed under this Agreement be in excess of Six Hundred Fifty Eight Thousand Four Hundred
21 Eighty Eight and No/100 Dollars ($658,488.00). The cumulative total of this Agreement shall not be
22 in excess of Three Million Two Hundred Ninety Two Thousand Four Hundred Forty and No/100
2 3 Dollars ($3,292,440.00). It is understood that all expenses incidental to CONTRACTOR's
2 4 performance of services under this Agreement shall be borne by CONTRACTOR.
2 5 Except as provided below regarding State payment delays, payments by COUNTY
2 6 shall be in arrears, for services provided during the preceding month, within forty-five (45) days after
27 receipt, verification and approval of CONTRACTOR's invoices by COUNTY's DSS. If
2 8 CONTRACTOR should fail to comply with any provision of this Agreement, COUNTY shall be
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1 relieved of its obligation for further compensation. All final claims shall be submitted by
2 CONTRACTOR within sixty (60) days following the final month of service for which payment is
3 claimed. No action shall be taken by COUNTY on claims submitted beyond the sixty (60) day
4 closeout period. Any compensation which is not expended by CONTRACTOR pursuant to the terms
5 and conditions of this Agreement shall automatically revert to COUNTY.
6 The services provided by CONTRACTOR under this Agreement are funded in whole or
7 in part by the State of California. In the event that funding for these services is delayed by the State
8 Controller, COUNTY may defer payment to CONTRACTOR. The amount of the deferred payment
9 shall not exceed the amount of funding delayed by the State Controller to COUNTY. The period of
10 time of the deferral by COUNTY shall not exceed the period of time of the State Controller's delay of
11 payment to COUNTY plus forty-five (45) days.
12 5. INVOICING
13 CONTRACTOR shall invoice COUNTY in arrears by the tenth (I 01h) of each month for
14 actual expenses incurred and services rendered in the previous month to:
15 DSSinvoices@co.fresno.ca.us. A Monthly Activity Report shall accompany the invoice, reflecting
16 services supported by the invoiced expenditures and be in a form and in such detail as acceptable to
1 7 COUNTY's DSS. Supporting documentation shall include but is not limited to receipts, invoices
18 received and documented administrative/overhead costs. No reimbursement for services shall be
19 made until invoices, reports and outcomes are received, reviewed and approved by COUNTY's DSS.
2 0 At the discretion of COUNTY' s DSS Director or designee, if an invoice is incorrect or is
21 otherwise not in proper form or substance, COUNTY's DSS Director or designee shall have the right
2 2 to withhold payment as to only that portion of the invoice that is incorrect or improper after five (5)
2 3 days prior notice to CONTRACTOR. CONTRACTOR agrees to continue to provide services for a
2 4 period of ninety (90) days after notification of an incorrect or improper invoice. If after the ninety (90)
2 5 day period, the invoice(s) is still not corrected to COUNTY's DSS satisfaction, COUNTY's DSS
2 6 Director or designee may elect to terminate this Agreement, pursuant to the termination provisions
2 7 stated in Paragraph Three (3) of this Agreement. In addition, for invoices received ninety (90) days
2 8 after the expiration of each term of this Agreement or termination of this Agreement, at the discretion
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1 of COUNTY's DSS Director or designee, COUNTY's DSS shall have the right to deny payment of
2 any additional invoices received.
3 6. INDEPENDENT CONTRACTOR
4 In performance of the work, duties, and obligations assumed by CONTRACTOR under
5 this Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of
6 CONTRACTOR's officers, agents, and employees will at all times be acting and performing as an
7 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
8 employee, joint venturer, partner, or associate of COUNTY. Furthermore, COUNTY shall have no
9 right to control or supervise or direct the manner or method by which CONTRACTOR shall perform
10 its work and function. However, COUNTY shall retain the right to administer this Agreement so as to
11 verify that CONTRACTOR is performing its obligations in accordance with the terms and conditions
12 thereof. CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the
13 rules and regulations, if any, of governmental authorities having jurisdiction over matters which are
14 directly or indirectly the subject of this Agreement.
15 Because of its status as an independent contractor, CONTRACTOR shall have
16 absolutely no right to employment rights and benefits available to COUNTY employees.
1 7 CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its employees
18 all legally-required employee benefits. In addition, CONTRACTOR shall be solely responsible and
19 save COUNTY harmless from all matters relating to payment of CONTRACTOR's employees,
2 0 including compliance with Social Security, withholding, and all other regulations governing such
21 matters. It is acknowledged that during the term of this Agreement, CONTRACTOR may be
2 2 providing services to others unrelated to COUNTY or to this Agreement.
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7. MODIFICATION
A. Any matters of this Agreement may be modified from time to time by the written
2 5 consent of all the parties without, in any way, affecting the remainder.
26 B. Notwithstanding the above, changes to line items in the budget, attached hereto
2 7 as Exhibit B, in an amount not to exceed I 0% of the total maximum compensation as identified in
28 Section Four (4) of this Agreement, may be made with the written approval ofCOUNTY's DSS
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1 Director or designee and CONTRACTOR. Budget line item changes shall not result in any change to
2 the maximum compensation amount payable to CONTRACTOR, as stated herein.
3 c. CONTRACTOR hereby agrees that changes to the compensation under this
4 Agreement may be necessitated by a reduction in funding from State and/or Federal sources.
5 COUNTY's DSS Director or designee may modify the maximum compensation depending on State
6 and Federal funding availability, as stated in Section Four (4) in this Agreement. CONTRACTOR
7 further understands that this Agreement is subject to any restrictions, limitations or enactments of all
8 legislative bodies which affect the provisions, term or funding of this Agreement in any manner.
9 8. NON-ASSIGNMENT
10 Neither party shall assign, transfer or subcontract this Agreement nor their rights or
11 duties under this Agreement without the prior written consent of the other party.
12 9. HOLD-HARMLESS
13 CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY's request,
14 defend COUNTY, its officers, agents and employees from any and all costs and expenses, including
15 attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to
16 COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its officers,
1 7 agents or employees under this Agreement, and from any and all costs and expenses, including
18 attorney fees and court costs, damages, liabilities; claims and losses occurring or resulting to any
19 person, firm or corporation who may be injured or damaged by the performance, or failure to perform,
2 0 of CONTRACTOR, its officers, agents or employees under this Agreement. In addition,
21 CONTRACTOR agrees to indemnify COUNTY for Federal, State of California and/or local audit
2 2 exceptions resulting from noncompliance herein on the part of the CONTRACTOR.
23 10. INSURANCE
2 4 Without limiting COUNTY's right to obtain indemnification from CONTRACTOR or
2 5 any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect the
2 6 following insurance policies throughout the term of this Agreement:
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A.
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c.
D.
E.
Commercial General Liability
Commercial General Liability Insurance with limits of not less than One Million
Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million
Dollars ($2,000,000). This policy shall be issued on a per occurrence basis.
COUNTY may require specific coverage including completed operations,
product liability, contractual liability, Explosion, Collapse, and Underground
(XCU), fire legal liability or any other liability insurance deemed necessary
because of the nature of the Agreement.
Automobile Liability
Comprehensive Automobile Liability Insurance with limits for bodily injury of
not less than Two Hundred Fifty Thousand Dollars ($250,000) per person, Five
Hundred Thousand Dollars ($500,000) per accident and for property damages of
not less than Fifty Thousand Dollars ($50,000), or such coverage with a
combined single limit of Five Hundred Thousand Dollars ($500,000). Coverage
should include owned and non-owned vehicles used in connection with this
Agreement.
Professional Liability
If CONTRACTOR employs licensed professional staff(e.g. Ph.D., R.N.,
L.C.S.W., M.F.C.T.) in providing services, Professional Liability Insurance with
limits of not less than One Million Dollars ($1,000,000) per occurrence, Three
Million Dollars ($3,000,000) annual aggregate.
Worker's Compensation
A policy of Worker's Compensation Insurance as may be required by the
California Labor Code.
Equipment Insurance
A policy or policies with minimum coverage(s) of Five Thousand Dollars
($5,000) to replace any equipment provided by the COUNTY to
CONTRACTOR, or purchased by CONTRACTOR with funds provided through
this Agreement. Said policy of policies shall provide coverage(s) against loss of
any such equipment resulting from casualty such as fire, theft or any other
disappearance, and damage that renders such equipment inoperable and
regardless of cause. The policy of policies shall be endorsed naming County of
Fresno as loss payee.
CONTRACTOR shall obtain endorsements to the Commercial General Liability
insurance naming the County of Fresno, its officers, agents, and employees, individually and
collectively, as additional insured, but only insofar as the operations under this Agreement are
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1 concerned. Such coverage for additional insured shall apply as primary insurance and any other
2 insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees shall be
3 excess only and not contributing with insurance provided under CONTRACTOR's policies herein.
4 This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance
5 written notice given to COUNTY.
6 Within thirty (30) days from the date CONTRACTOR signs this Agreement,
7 CONTRACTOR shall provide certificates of insurance and endorsements as stated above for all of
8 the foregoing policies, as required herein, to the County of Fresno, DSS, PO BOX 1912, Fresno,
9 California, 93 718-1912, Attention: Contracts, stating that such insurance coverages have been
10 obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be
11 responsible for any premiums on the policies; that such Commercial General Liability insurance
12 names the County of Fresno, its officers, agents and employees, individually and collectively, as
13 additional insured, but only insofar as the operations under this Agreement are concerned; that such
14 coverage for additional insured shall apply as primary insurance and any other insurance, or self-
15 insurance, maintained by COUNTY, its officers, agents and employees, shall be excess only and not
16 contributing with insurance provided under CONTRACTOR's policies herein; and that this insurance
1 7 shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given
18 to COUNTY.
19 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as
2 0 herein provided, COUNTY may, in addition to other remedies it may have, suspend or terminate this
21 Agreement upon the occurrence of such event.
2 2 All policies shall be with admitted insurers licensed to do business in the State of
2 3 California. Insurance purchased shall be from companies possessing a current A.M. Best, Inc. rating
2 4 of A FSC VII or better.
25 11. CONFIDENTIALITY
2 6 All services performed by CONTRACTOR under this Agreement shall be in strict
2 7 conformance with all applicable Federal, State of California and/or local laws and regulations relating
2 8 to confidentiality including, but not limited to California Welfare and Institutions Code section 10850
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1 and the California Department of Social Services (CDSS) Manual of Policies and Procedures,
2 Division 19-000 to assure that all applications and records concerning program recipients shall be kept
3 confidential and shall not be opened to examination, publicized, disclosed, or used for any purpose not
4 directly connected with administration of the program. CONTRACTOR shall inform all of its
5 employees, agents, officers, subcontractors, Board of Directors members, or partners of this provision
6 and that any person knowingly and intentionally violating this provision is guilty of a misdemeanor.
7 12. NON-DISCRIMINATION
8 A. Eligibility for Services
9 CONTRACTOR shall prepare and make available to COUNTY and to the public
1 0 all eligibility requirements to participate in the program plan set forth in Exhibit A. No person shall,
11 because of ethnic group identification, age, sex, color, disability, medical condition, national origin,
12 race, ancestry, marital status, religion, religious creed, political belief or sexual preference be excluded
13 from participation, be denied benefits of, or be subject to discrimination under any program or activity
14 receiving Federal or State of California assistance.
15 B. Employment Opportunity
16 CONTRACTOR shall comply with COUNTY policy, and the Equal
1 7 Employment Opportunity Commission guidelines, which forbids discrimination against any person on
18 the grounds of race, color, national origin, sex, religion, age, disability status, or sexual preference in
19 employment practices. Such practices include retirement, recruitment advertising, hiring, layoff,
2 0 termination, upgrading, demotion, transfer, rates of pay or other forms of compensation, use of
21 facilities, and other terms and conditions of employment.
22 C. Suspension of Compensation
2 3 If an allegation of discrimination occurs, COUNTY may withhold all further
2 4 funds, until CONTRACTOR can show clear and convincing evidence to the satisfaction of COUNTY
2 5 that funds provided under this Agreement were not used in connection with the alleged discrimination.
26 D. Nepotism
2 7 Except by consent of COUNTY's Department of Social Services Director, or
2 8 designee, no person shall be employed by CONTRACTOR who is related by blood or marriage to, or
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1 who is a member of the Board of Directors or an officer of CONTRACTOR.
2 13. SUBCONTRACTS
3 CONTRACTOR shall obtain written approval from County of County's Department of
4 · Social Services Director, or designee before subcontracting any of the services delivered under this
5 Agreement. Any transferee, assignee or subcontractor will be subject to all applicable provision of this
6 Agreement, and all applicable State and Federal regulations. Contractor shall be held primarily
7 responsible by COUNTY for the performance of any transferee, assignee or subcontractor unless
8 otherwise expressly agreed to in writing by COUNTY. The use of subcontractors by
9 COUNTRACTOR shall not entitle CONTRACTOR to any additional compensation than is provided
1 O under this Agreement.
11 14. CONFLICT OF INTEREST
12 No officer, agent, or employee of COUNTY who exercises any function or
13 responsibility for planning and carrying out the services provided under this Agreement shall have any
14 direct or indirect personal financial interest in this Agreement. In addition, no employee of COUNTY
15 shall be employed by CONTRACTOR to fulfill any. contractual obligations with COUNTY.
16 CONTRACTOR shall also comply with all Federal, State of California, and local conflict of interest
1 7 laws, statutes, and regulations, which shall be applicable to all parties and beneficiaries under this
18 Agreement and any officer, agent, or employee of COUNTY.
19 15. DISCLOSURE OF SELF-DEALING TRANSACTIONS
2 0 This provision is only applicable if CONTRACTOR is operating as a corporation (a for-
21 profit or non-profit corporation) or if during the term of this Agreement, CONTRACTOR changes its
2 2 status to operate as a corporation.
2 3 Members of CONTRACTOR' s Board of Directors shall disclose any self-dealing
2 4 transactions that they are a party to while CONTRACTOR is providing goods or performing services
2 5 under this Agreement. A self-dealing transaction shall mean a transaction to which CONTRACTOR
2 6 is a party and in which one or more of its directors has a material financial interest. Members of the
2 7 Board of Directors shall disclose any self-dealing transactions that they are a party to by completing
2 8 and signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit C and by this
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1 reference incorporated herein, and submitting it to COUNTY prior to commencing with the self-
2 dealing transaction or immediately thereafter.
3 16. LIMITED ENGLISH PROFICIENCY
4 CONTRACTOR shall provide interpreting and translation services to persons
5 participating in CONTRACTOR's services who have limited or no English language proficiency,
6 including services to persons who are deaf or blind. Interpreter and translation services shall be
7 provided as necessary to allow such participants meaningful access to the programs, services and
8 benefits provided by CONTRACTOR. Interpreter and translation services, including translation of
9 CONTRACTOR's "vital documents" (those documents that contain information that is critical for
10 accessing CONTRACTOR's services or are required by law) shall be provided to participants at no
11 cost to the participant. CONTRACTOR shall ensure that any employees, agents, subcontractors, or
12 partners who interpret or translate for a program participant, or who directly communicate with a
13 program participant in a language other than English, demonstrate proficiency in the participant's
14 language and can effectively communicate any specialized terms and concepts peculiar to
15 CONTRACTOR's services.
16 17. DAT A SECURITY
1 7 For the purpose of preventing the potential loss, misappropriation or inadvertent
18 disclosure of COUNTY data including sensitive or personal client information; abuse of COUNTY
19 resources; and/or disruption to COUNTY operations, individuals and/or agencies that enter into a
2 0 contractual relationship with COUNTY for the purpose of providing services under this Agreement
21 must employ adequate data security measures to protect the confidential information provided to
2 2 CONTRACTOR by COUNTY, including but not limited to the following:
23 A. Contractor-Owned Mobile/Wireless/Handheld Devices may not be connected to
2 4 COUNTY networks via personally owned mobile, wireless or handheld devices, except when
2 5 authorized by COUNTY for telecommuting and then only if virus protection software currency
2 6 agreements are in place, and if a secure connection is used.
27 B. Contractor-Owned Computers or Computer Peripherals may not brought into
2 8 COUNTY for use, including and not limited to mobile storage devices, without prior authorization
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1 from COUNTY's Chief Information Officer or her designee. Data must be stored on a secure server
2 approved by COUNTY and transferred by means of a VPN (Virtual Private Network) connection, or
3 another type of secure connection of this type if any data is approved to be transferred.
4 c. County-Owned Computer Equipment -CONTRACTOR or anyone having an
5 employment relationship with COUNTY may not use COUNTY computers or computer peripherals
6 on non-COUNTY premises without prior authorization from COUNTY's Chief Information Officer or
7 her designee.
8 D. CONTRACTOR may not store COUNTY's private, confidential or sensitive
9 data on any hard-disk drive.
10 E. CONTRACTOR is responsible to employ strict controls to insure the integrity
11 and security of COUNTY' s confidential information and to prevent unauthorized access to data
12 maintained in computer files, program documentation, data processing systems, data files and data
13 processing equipment which stores or processes COUNTY data internally and externally.
14 F. Confidential client information transmitted to one party by the other by means of
15 electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of
16 128 BIT or higher. Additionally, a password or pass phrase must be utilized.
17 G. CONTRACTOR is responsible to immediately notify COUNTY of any breaches
18 or potential breaches of security related to COUNTY's confidential information, data maintained in
1 9 computer files, program documentation, data processing systems, data files and data processing
2 0 equipment which stores or processes COUNTY data internally or externally.
21 H. In the event of a breach of security related to COUNTY's confidential client
2 2 information provided to CONTRACTOR, COUNTY will manage the response to the incident,
2 3 however, CONTRACTOR will be responsible to issue any notification to affected individuals as
2 4 required by law or as deemed necessary by COUNTY in its sole discretion. CONTRACTOR will be
2 5 responsible for all costs incurred as a result of providing the required notification.
26 18. CLEAN AIR AND WATER
2 7 In the event the funding under this Agreement exceeds One Hundred Thousand and
28 No/100 Dollars ($100,000.00), CONTRACTOR shall comply with all applicable standards, orders, or
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1 requirements issued under the Clean Air Act contained in 42 U.S. Code 7601 et seq.; the Clean Water
2 Act contained in 33 U.S. Code 1368 et seq.; and any standards, laws, and regulations promulgated
3 thereunder. Under these laws and regulations, CONTRACTOR shall assure:
4 A. No facility shall be utilized in the performance of the Agreement that has been
5 listed on the Environmental Protection Agency (EPA) list of Violating Facilities;
6 B. COUNTY shall be notified prior to execution of this Agreement of the receipt of
7 any communication from the Director, Office of Federal Activities, U.S. EPA indicating that a facility
8 to be utilized in the performance of this Agreement is under consideration to be listed on the EPA list
9 of Violating Facilities;
10 c. COUNTY and U.S. EPA shall be notified about any known violation of the
11 above laws and regulations; and
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D. This assurance shall be included in every nonexempt subgrant, contract, or
subcontract.
19. DEBARMENT-CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VO LUNT ARY EXCLUSION-LOWER TIER COVERED
TRANSACTIONS
A. COUNTY and CONTRACTOR recognize that Federal assistance funds will be
1 7 used under the terms of this Agreement. For purposes of this paragraph, CONTRACTOR will be
18 referred to as the "prospective recipient".
19 B. This certification is required by the regulation implementing Executive Order
2 0 12549, Debarment and Suspension, 29 CFR Part 98, section 98.510, Participant's responsibilities.
21 1) The prospective recipient of Federal assistance funds certified by entering
2 2 into this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for
2 3 debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
2 4 Federal department or agency.
25 2) The prospective recipient of funds agrees by entering into this Agreement,
2 6 that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
2 7 suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
2 8 unless authorized by the Federal department or agency with which this transaction originated.
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1 3) Where the prospective recipient of Federal assistance funds is unable to
2 certify to any of the statements in this certification, such prospective participant shall attach an
3 explanation to this Agreement.
4 4) The prospective recipient shall provide immediate written notice to
5 COUNTY if at any time prospective recipient learns that its certification in Paragraph Nineteen ( 19) of
6 this Agreement was erroneous when submitted or has become erroneous by reason of changed
7 circumstances; The prospective recipient further agrees that by entering into this Agreement, it will
8 include a clause identical to Paragraph Nineteen (19) of this Agreement and titled "Certification
9 Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
10 Transactions'', in all lower tier covered transactions and in all solicitations for lower tier covered
11 transaction.
12 5) The certification in Paragraph Nineteen (19) of this Agreement is a material
13 representation of fact upon which COUNTY relied in entering into this Agreement
14 20. CHARITABLE CHOICE
15 CONTRACTOR may not discriminate in its program delivery against a client or
16 potential client on the basis of religion or religious belief, a refusal to hold a religious belief, or a
1 7 refusal to actively participate in a religious practice. Any specifically religious activity or service made
18 available to individuals by CONTRACTOR must be voluntary as well as separate in time and location
19 from County funded activities and services. CONTRACTOR shall inform COUNTY as to whether it
2 0 is faith-based. If CONTRACTOR identifies as faith-based it must submit to DSS a copy of its policy
21 on referring individuals to an alternate treatment provider, and include a copy of this policy in its
2 2 client admission forms. The policy must inform individuals that they may be referred to an alternative
2 3 provider if they object to the religious nature of the program, and include a notice to DSS. Adherence
2 4 to this policy will be monitored during annual site reviews, and a review of client files. If
2 5 CONTRACTOR identifies as faith-based, by July 1 of each year CONTRACTOR will be required to
2 6 report to DSS the number of individuals who requested referrals to alternate providers based on
2 7 religious objection.
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1 21. LOBBYING ACTIVITY
2 None of the funds provided under this Agreement shall be used for publicity, lobbying
3 or propaganda purposes designed to support or defeat legislation pending in the Congress of the
4 United States of America or the Legislature of the State of California.
5 22. STATE ENERGY CONSERVATION
6 CONTRACTOR shall recognize the mandatory standard and policies relating to energy
7 efficiency in the State Energy Conservation Plan as required by the United States Energy Policy and
8 Conservation Act (42 U.S.C. section 6201, et seq).
9 23. GRIEVANCES
10 CONTRACTOR shall establish procedures for handling client complaints and/or
11 grievances. Such procedures will include provisions for informing clients of their rights to a State
12 Hearing to resolve such issues.
13 24. FRATERNIZATION
14 CONTRACTOR shall establish procedures addressing fraternization between
15 CONTRACTOR staff and clients. Such procedures will include provisions for informing
16 CONTRACTOR staff and clients regarding fraternization guidelines.
17 25. INTERPRETATION OF LAWS AND REGULATIONS
18 COUNTY reserves the right to make final interpretations or clarifications on issues
19 relating to Federal and State laws and regulations, to ensure compliance.
20 26. SINGLE AUDIT CLAUSE
21 As a subrecipient of Federal financial assistance, CONTRACTOR agrees to provide a
2 2 copy of its audit report, performed in accordance with the requirements of the Single Audit Act of
2 3 1984 (31 USC section 7502) and subject to the terms of Office of Management and Budget (OMB)
24 Circulars (A-110, A-122 and A-133), to the County of Fresno. Such audit shall be delivered to the
2 5 COUNTY DSS, Department of Employment and Temporary Assistance, for review not later than nine
2 6 (9) months after the close of the subrecipient's fiscal year in which the funds supplied through this
2 7 Agreement are expended and/or received for this program. The audit must include a statement of
2 8 findings or a statement that there were no findings. If there were negative findings, CONTRACTOR
-15 -COUN'lY OF FRESNO
Fre$no, C\
1 must include a corrective action plan signed by an authorized individual. Failure to comply with this
2 Act may result in the COUNTY performing the necessary audit tasks, or, at the COUNTY's option,
3 contracting with a qualified accountant to perform this audit. All audit costs related to this Agreement
4 are the sole responsibility of the CONTRACTOR who agrees to take corrective action to eliminate any
5 material noncompliance or weakness found as a result of such audit. Audit work performed by the
6 COUNTY under this paragraph shall be billed at COUNTY cost as determined by the COUNTY's
7 Auditor-Controller/Treasurer-Tax Collector.
8 27. TAX EQUITY AND FISCAL RESPONSIBILITY ACT
9 To the extent necessary to prevent disallowance of reimbursement under section 1861 (v)
10 (1) (I) of the Social Security Act, (42 U.S.C. § 1395x, subd. (v)(l)[I]), until the expiration of four (4)
11 years after the furnishing of services under this Agreement, CONTRACTOR shall make available,
12 upon written request to the Secretary of the United States Department of Health and Human Services,
13 or upon request to the Comptroller General of the United States General Accounting Office, or any of
14 their duly authorized representatives, a copy of this Agreement and such books, documents, and
15 records as are necessary to certify the nature and extent of the costs of these services provided by
16 CONTRACTOR under this Agreement. CONTRACTOR further agrees that in the event
1 7 CONTRACTOR carries out any of its duties under this Agreement through a subcontract, with a value
18 or cost of Ten Thousand and Noll 00 Dollars ($10,000.00) or more over a twelve (12) month period,
19 with a related organization, such Agreement shall contain a clause to the effect that until the expiration
2 0 of four ( 4) years after the furnishing of such services pursuant to such subcontract, the related
21 organizations shall make available, upon written request to the Secretary of the United States
2 2 Department of Health and Human Services, or upon request to the Comptroller General of the United
2 3 States General Accounting Office, or any of their duly authorized representatives, a copy of such
2 4 subcontract and such books, documents, and records of such organization as are necessary to verify
2 5 the nature and extent of such costs.
2 6 ///
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-16 -COUN'IY OF FRESNO
Frc~no, CA
1 28. AUDITS AND INSPECTIONS
2 CONTRACTOR shall at any time during business hours, and as often as COUNTY may
3 deem necessary, make available to COUNTY for examination all of its records and data with respect
4 to the matters covered by this Agreement. CONTRACTOR shall, upon request by COUNTY, permit
5 COUNTY to audit and inspect all such records and data necessary to ensure CONTRACTOR's
6 compliance with the terms of this Agreement.
7 If this Agreement exceeds Ten Thousand and No/I 00 Dollars ($10,000.00),
8 CONTRACTOR shall be subject to the examination and audit of the State of California Auditor
9 General for a period of three (3) years after final payment under contract (California Government
10 Code section 8546. 7).
11 In addition, CONTRACTOR shall cooperate and participate with COUNTY's fiscal
12 review process and comply with all final determinations rendered by the COUNTY's fiscal review
13 process. If COUNTY reaches an adverse decision regarding CONTRACTOR's services to
14 consumers, it may result in the disallowance of payment for services rendered; or in additional
15 controls to the delivery of services, or in the termination of this Agreement, at the discretion of
16 COUNTY's DSS Director or designee. If as a result of COUNTY's fiscal review process a
1 7 disallowance is discovered due to CONTRACTOR's deficiency, CONTRACTOR shall be financially
18 liable for the amount previously paid by COUNTY to CONTRACTOR and this disallowance will be
19 adjusted from CONTRACTOR's future payments, at the discretion of COUNTY's DSS Director or
2 0 designee. In addition, COUNTY shall have the sole discretion in the determination of fiscal review
21 outcomes, decisions and actions.
22 29. NOTICES
2 3 The persons having authority to give and receive notices under this Agreement and their
2 4 addresses include the following:
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COUNTY
Director, County of Fresno
Department of Social Services
POBOXI9I2
Fresno, CA 937I8-I9I2
CONTRACTOR
Director
Vocational Management Services, Inc
2665 N Air-Fresno Dr #I I 0
Fresno, CA 93 727
-17 -COUNTY OF FRESNO
Frc~no, C1\
1 30. PROHIBITION ON PUBLICITY
2 None of the funds, materials, property or services provided directly or indirectly under
3 this Agreement shall be used for CONTRACTOR's advertising, fundraising, or publicity (i.e.,
4 purchasing of tickets/tables, silent auction donations, etc.) for the purpose of self-promotion.
5 Notwithstanding the above, publicity of the services described in Paragraph One ( 1) of this Agreement
6 shall be allowed as necessary to raise public awareness about the availability of such specific services
7 when approved in advance by the Director or designee and at a cost as provided in Exhibit B for such
8 items as written/printed materials, the use of media (i.e., radio, television, newspapers) and any other
9 related expense(s).
10 31. CHANGE OF LEADERSHIP I MANAGEMENT
11 Any and all notices between COUNTY and CONTRACTOR provided for or permitted
12 under this Agreement or by law, shall be in writing and shall be deemed duly served when personally
13 delivered to one of the parties, or in lieu of such personal service, when deposited in the United States
14 Mail, postage prepaid, addressed to such party.
15 In the event of any change in the status of CONTRACTOR'S leadership or
16 management, CONTRACTOR shall provide written notice to COUNTY within thirty (30) days from
1 7 the date of change. Such notification shall include any new leader or manager's name, address and
18 qualifications. "Leadership or management" shall include any employee, member, or owner of
19 CONTRACTOR who either a) directs individuals providing services pursuant to this Agreement, b)
2 0 exercises control over the manner in which services are provided, or c) has authority over
21 CONTRACTOR's finances.
22 32. GOVERNING LAW
2 3 The parties agree that for the purposes of venue, performance under this Agreement is to
2 4 be in Fresno County, California.
2 5 The rights and obligations of the parties and all interpretation and performance of this
2 6 Agreement shall be governed in all respects by the laws of the State of California.
27 ///
2 8 ///
-18 -COUNTY or rIU:::SNO
Frc~no, CA
1 33. ENTIRE AGREEMENT
2 This Agreement, including all Exhibits, COUNTY's Revised RFP and
3 CONTRACTOR's response thereto, constitutes the entire agreement between CONTRACTOR and
4 COUNTY with respect to the subject matter hereof and supersedes all previous agreement
5 negotiations, proposals, commitments, writings, advertisements, publications and understandings of
6 any nature whatsoever unless expressly included in this Agreement.
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-19 -C:OUN'!Y OF FRESNO
Fresno, C1\
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COUNTY OF FRESNO
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and
year first hereinabove written.
4
ATTEST:
CONTRACTOR:
5 Vocational Management Services Inc.
BY~~~
Ernest BuddyMeI1deS)Ca;rman
Board of Supervisors
Print Nam~.t1(!e S Cl«ci
I
Title:A=e5 I if h 1-
Chairman of the Board,or
President,or any Vice President
BERNICE E.SEIDEL,Clerk
13 Board of Supervisors
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Print Name:~t:S \2-i I )AtJc~.
Title:~(~
Secretary (o-=ff-=CC:-oo+-rJ,o-ra-ti:-o-n)-,-o-r--
any Assistant Secretary,or
Chief Financial Officer,or
any Assistant Treasurer
PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
Mailing Address:
2665 N Air Fresno Ave.Suite 100
Fresno,CA 93727
Phone No,:(559)456-8550
Contact:Jim Walters
-20-COUN'jY OF FRESNO
rrcsno,CA
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APPROVED AS TO LEGAL FORM:
DANIEL C. CEDERBORG, COUNTY COUNSEL
APPROVED AS TO ACCOUNTING FORM:
VICKI CROW, C.P.A., AUDITOR-CONTROLLER/
TREASURER-TAX COLLECTOR
/
/ . /./
By·~;.:;::j;~.~".'.f;>>:: X.
",' / !' ,·/' .. --"--,, .. -'i
' I '
/ / f /
REVIE\\'lED A~D/RECOMMENDED
FOR APRROV AL:
13 By L~' ~~~~~~~.,p.l...=.--
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Fund/Subclass: 0001/10000
Organization: 56107001
Account/Program: 7870/0
-21 -COUNTY OF FRESNO
Fresno, Ci\
ORGANIZATION:
ADDRESS:
SERVICES:
TELEPHONE:
CONTACTS:
EMAIL:
AMOUNT:
PROJECT DESCRIPTION:
SUMMARY OF SERVICES
Vocational Management Services, Inc.
2665 N Air-Fresno Dr #110, Fresno, CA 93727
Exhibit A
Page 1 of 9
Comprehensive Vocational Training, Job Readiness, and Job
Search Assistance
(559) 456-8550
Jim Walters
VMS@unwiredbb.com
$ 658,488.00 Per 12 Month Contract Term
Vocational Management Services (VMS), henceforth referred to as CONTRACTOR, will
provide comprehensive employment services to the Department of Social Services
(DSS),' henceforth referred to as COUNTY, CalWORKs recipients who are disabled
(physical/mentally, and/or learning disabled, or have learning difficulties) and have the
ability to be gainfully employed in occupations that will lead to long-term self-sufficiency.
Services include, but are not limited to, vocational counseling; job search; job
development and placement; pre-reading and Adult Basic Education as needed; and
social services to address family crises and other issues beyond vocational areas.
Participants will be assisted with access to relevant community resources to improve job
readiness.
SCHEDULE OF SERVICES:
Service activities shall be Monday through Friday, between the hours of 8:00 AM. and
4:30 P.M, excluding COUNTY holidays. Non-traditional hours may be provided to
accommodate participants with extenuating circumstances, on a case-by-case basis
and COUNTY may approve other holidays as appropriate.
TARGET POPULATION:
Services are restricted to post-assessed, CalWORKs recipients who have a disability or
other barriers to employment.
CONTRACTOR SHALL BE RESPONSIBLE FOR THE FOLLOWING:
Intake Services
CONTRACTOR shall accept referrals and provide comprehensive employment services
to all participants. For non-referred and walk-in clients, CONTRACTOR must refer to
Exhibit A
Page 2 of 9
COUNTY prior to providing services. CONTRACTOR shall attempt to contact all clients
prior to Group Orientation appointment to remind them of the appointment and
encourage attendance. When appointments are less than two (2) days from referral, a
contact attempt is not required.
For those clients who do not show for Group Orientation, CONTRACTOR shall:
1. Contact participants by phone or letter within ten (10) working days. A minimum
of three (3) attempts through varying media shall be made to contact the client.
After three (3) unsuccessful attempts, the client will be referred back to
COUNTY. The client will be provided with one opportunity to attend a
rescheduled appointment. If the client fails to show for a rescheduled
appointment, they will be referred back to COUNTY DSS Job Specialist.
2. Provide appropriate services and counseling to engage the client and facilitate
program participation.
For those clients who show for Group Orientation, CONTRACTOR shall:
1. Interview each participant to gather, understand and interpret personal, medical,
psychological, educational and other diagnostic information as it relates to his/her
employability.
2. Develop a Program Participation Plan (PPP) for each client:
Within ten (10) days of participating in a group orientation/enrollment,
CONTRACTOR shall develop a PPP for each client. The PPP is used to track
services to participants as they move through the program and includes specific
information regarding the services received, the dates of services, and the end
results. The PPP will be shared with the Job Specialist.
3. Discuss vocational goals, specific objectives, expected date of completion, and
specific participant/counselor responsibilities with each participant.
4. Develop an educational plan with each participant.
5. Develop an Employment Services Plan (ESP) with each participant:
Within thirty (30) days of enrollment, CONTRACTOR shall develop an ESP for
each participant, with a time limit and vocational objective as well as an expected
date of completion. Amendments to the ESP will be made as necessary, based
on monthly assessments of the client's progress and learning needs. Each
service plan should address the client's need (including family needs) for both
employment-related services and social services. The Employment Services
Plan will be shared with the Job Specialist. The plan must include the following
information:
a. Name, address, case number and date of referral
b. Disability conditions, diagnosis and brief description -COUNTY DSS
Case Manager will include the diagnosis from Foster Assessment
Center & Testing Service, Inc. (FACTS) if the client has been
evaluated for a learning disability. If the client has not been evaluated
Exhibit A
Page 3 of 9
and it is suspected that the client may have a learning disability,
CONTRACTOR is to refer the participant to the COUNTY DSS Case
Manager for a referral to FACTS to complete a Learning Disability
Evaluation.
c. Summary of educational and vocational background
d. Vocational objective
e. Expected date of completion
Employment Services
During program participation, employment services include, but are not limited to the
following:
1. Job Skills Directly Related to Employment
a. Provide employment exploration and personal and vocational
awareness/life skills to appropriate clients.
b. Provide individual and group counseling and vocational rehabilitation
classes.
c. Provide a full range of pre-reading and cognitive re-development and
literacy training to individuals with learning disabilities and other learning
challenges.
d. Provide tutoring services when participant is deemed needing extra help
with reading, writing and math as it pertains to vocational training and
employment
e. Provide a hands-on lab where each participant can learn a skill, identify
strengths and work on weaknesses in a simulated work environment.
f. Provide evaluation and instruction of soft skills to all participants as they
engage the standards, practices and norms of the workforce. General
categories of instruction include work habits; physical functions; work
attitudes and behavior; and social stressors.
2. Job Search Services
a. Provide job search skills class, job placement and job advancement
services.
b. Monitor and evaluate client job retention toward self-sufficiency on a
monthly basis.
c. Provide COUNTY with data on client job retention at 30, 90, 180 days.
d. Enroll clients into Ready2Hire website to find employment
3. Work Experience
a. Work with County DSS staff members for appropriate work experience
placement.
b. When clients are deemed job-ready, CONTRACTOR may refer clients to
COUNTY for work-site placement and contract.
c. Clients will be placed within a non-profit or private organization for work
experience and may participate in .additional activities with
CONTRACTOR as needed to meet participation requirements.
Case Management Services
Exhibit A
Page 4 of 9
During program participation, case management functions and services include, but are
not limited to the following:
1. Ensure each participant will be actively engaged in services as determined in the
Welfare to Work Plan while coordinating with COUNTY for placement of
participants into a Work Experience or Community Service component to
meet core hours of participation.
2. CONTRACTOR shall provide job search and job readiness activities for up to six
weeks, with no more than four weeks being consecutive.
3. Track and monitor (monthly) each client's program participation and
employability. Plan progress toward program completion and
subsidized/unsubsidized employment.
4. Provide one-on-one attention (monthly) to review the developed Employment
Services Plan to ensure a current, workable document that directs service
delivery.
5. Provide a detailed monthly progress report for each client, to COUNTY to track
measurable benchmarks. This report will be a summary of client progress to
include information specific to the activities of the client. Report will include
hours, components and progress on each activity to assist COUNTY with
monitoring core and non-core activities.
6. Participate in meetings between VMS staff, the COUNTY DSS Job Specialist
Liaison, and the client to discuss each client's progress in the program.
These meetings will take place at 90 and 120 days, and 30 days prior to
program completion. VMS will provide a handwritten or typed narrative of the
decisions/recommendations made during the meeting, to COUNTY DSS staff.
The narrative will indicate the client's progress toward program benchmarks
and completion.
7. Arrange for interpreter services for limited and/or non-English speaking
participants and ensure that limited English proficiency (LEP) participants
have meaningful, effective and equal access at every point of contact with the
Vocational Management Program.
8. Maintain individual case files on each participant, which include, but are not
limited to, the following:
a. Intake information
b. Program Participation Plan(s) and updates
c. Documentation of referral from COUNTY and other agencies
d. Case notes: chronological record of individual interviews, counseling
sessions, services provided and/or other relevant contacts with
participants including dates, situations, actions taken and results
e. Relevant and/or appropriate information, documentation, and
correspondence relating to services provided to participants
Exhibit A
Page 5 of 9
f. Initial evaluation report, progress report(s) and completion records
g. Employment Services Plan
h. Educational Plan
i. Case Services Closing Summary
9. Secure participant case files and limit access to appropriate staff to assure
confidentiality
10. Be available daily to refer participants who are in crisis and other supportive
counseling
11. Provide information and referrals to community resources regarding disability
accommodation, housing, legal aid, childcare, abuse, protective services,
transportation, etc.
12. Work closely with COUNTY DSS Case Managers as they coordinate and ensure
participants receive needed supportive services such as childcare,
transportation, and other personal or family needs in order to devote full effort
to program requirements.
13. Work closely with COUNTY DSS Case Managers as they coordinate and ensure
all participants are engaged in activities between 32 and 35 hours per week.
14. Meet face-to-face with employers regarding hiring CalWORKs recipients; provide
them information in hiring incentives.
15. Meet with COUNTY staff as often as needed to exchange pertinent information,
resolve problems, and coordinate services.
16. Provide all requested programs service information timely (Monthly Financial
Reports, Monthly Activity Reports and others as required by COUNTY).
17.Attend required and other appropriate COUNTY CalWORKs training sessions.
18. Provide transportation to the Fresno location from Reedley, Selma, Kerman, the
Manning Avenue area, and other locations along the Highway 99 Corridor.
19. Clients will be involved in classes from 8:30 A.M. to 3:30 P.M. and will be open-
entry/open-exit with each client progressing at difference paces. Each class
will be assigned a counselor/teacher who will monitor morning orientation,
work behaviors and attitudes, math, and reading of clients. Aides will assist
with computer-based activities for reading, auditory/visual attention and
memory, and a work behaviors and attitudes lab.
COUNTY SHALL BE RESPONSIBLE FOR THE FOLLOWING:
ClientJCustomer Referrals
Exhibit A
Page 6 of 9
COUNTY shall refer an estimated 200 clients to CONTRACTOR. Referrals will be
restricted to CalWORKs recipients who are determined by COUNTY to be disabled
(physically/mentally or learning disabled) or possess learning difficulties. COUNTY
shall work with CONTRACTOR to ensure that the appropriate referrals are made.
NOTE: Although it is anticipated that the majority of referrals will come directly from
COUNTY, walk-ins and other agency referrals are expected and allowable if approved
by COUNTY. CONTRACTOR shall refer walk-ins and other agency referrals back to
COUNTY prior to providing CalWORKs-funded services.
COUNTY DSS Case Manager must include Welfare to Work Plan or vocational
objective and applicable Learning Disability Evaluations Report (LDER) from FACTS
with the referral to CONTRACTOR. In the event that the LDE is not included, the
COUNTY DSS liaison will request a copy for the CONTRACTOR.
Staff Training and Program Assistance
1. COUNTY will provide training to CONTRACTOR's staff on specific
areas/functions of the CalWORKs Employment Services Program when
determined to be helpful and/or needed for the successful delivery of
CONTRACTOR's project services.
2. Meet with CONTRACTOR's staff as needed to exchange pertinent information,
resolve problems, and to coordinate services.
3. Assist CONTRACTOR's staff with collaborative efforts to utilize the existing
resources for job development, job placement services and community
· resources.
4. For compliance resolution, including good cause determination and sanction, the
Primary Case Manager shall provide consultation and work closely with
CONTRACTOR's staff.
FEDERAL WORK PARTICIPATION RATE:
In response to the Federal Temporary Assistance to Needy Families (TANF) Program
reauthorization, COUNTY DSS is committed to implementing activities and practices
that support TANF program goals and meet the CalWORK's Welfare to Work (WTW)
Federal Participation Rates (WPR). WPR requires at least 50% work participation
among all CalWORKs families and 90% among two-parent families. Effective October
1, 2006, the State and Counties are subject to Federal penalties on an annual basis if
these rates are not met. These penalties increase incrementally each year the rates are
not met. As a result, DSS requires CONTRACTOR's assistance in engaging WTW
participants in activities that will increase COUNTY's WPR and assist recipients to
become self-sufficient. Our primary objectives are job placement and retention, work
experience, and/or training activities that meet the WPR requirements. Counseling and
supportive services in conjunction with job placement will assist our recipients in
obtaining financial self-sufficiency.
Exhibit A
Page 7 of 9
The following services provided by the CONTRACTOR will support WTW WPR:
Direct Services:
• Job Search and job readiness for up to six weeks (no more than four weeks may
be consecutive)
• Job Placement
• Job Skills Directly Related to Employment
Indirect Services:
• Job Retention
• Job Development
• Referral to work experience activities
Specific Performance Measurements
COUNTY will refer an estimated 200 CalWORKs recipients to CONTRACTOR during
each 12-month Agreement term. Performance Measure levels are based upon the
parameters as defined below. COUNTY will consider CONTRACTOR performance
levels when determining funding recommendations for future Agreements.
CONTRACTOR shall meet the performance measurements and levels below:
PERFORMANCE MEASURE EXPECTED LEVEL OF PERFORMANCE
Performance Measure 1: 70% of new CalWORKs reci12ients referred
will enroll for services by the end of the
Enrollment Rate -The number of CalWORKs contract term.
recipients to enroll for services, by the end of the
contract term.
Measurement Parameters
• CalWORKs recipients referred for services
• CalWORKs recipients who attend a group
orientation
Data Sources: Referrals from COUNTY DSS;
CONTRACTOR orientation attendance records
Performance Measure 2: 90% of new CalWORKs reci12ients enrolled
will develop a Program Participation Plan
Program Participation Plan Develo(:Zment Rate -within 10 days of enrollment, by the end of
The number of CalWORKs recipients to develop a the contract term.
Program Participation Plan within 10 days of
enrollment, by the end of the contract term,
Measurement Parameters
• CalWORKs recipients who enroll
• CalWORKs recipients who develop a Program
Participation Plan within 10 days of enrollment
Data Sources: Case records from CONTRACTOR
Performance Measure 3:
Employment Services Plan Development Rate -
The number of CalWORKs recipients who complete
employment preparedness training or referred to other
services by the end of the contract term.
Measurement Parameters
• CalWORKs recipients who develop a Program
Participation Plan
• CalWORKs recipients who develop an
• Employment Services Plan within 30 days of
enrollment, by the end of the contract term
Data Sources: Case records from CONTRACTOR
Exhibit A
Page 8 of 9
75% of new CalWORKs recipients who
develop a "Program Participation Plan" will
complete employment preparedness training
as referred or enrolled in other services to
make necessary positive improvement or
meet the. core work competencies and be
deemed job ready by end of the contract
term.
Performance Measure 4: 55% of CalWORKs recipients deemed job
read will find employment by the end of the
Job Placement Rate -The number of CalWORKs contract term.
recipients who find employment by the end of the
Contract Term.
Measurement Parameters
• CalWORKs recipients who are deemed job
ready
• CalWORKs recipients who find employment, by
the end of the contract term
• To be considered full-time employed, client
must be employed 32/35 hours per week.
Data source: Pay stubs and Employer
contract/written verification
Exhibit A
Page 9 of 9
Performance Measure 5: 70% of new CalWORKs recipients will retain
employment 30 days by the end of the
Job Placement Rate -The number of CalWORKs contract term.
recipients who retain employment by the end of the
contract term.
Measurement Parameters
• CalWORKs recipients who find employment in
a paid position,
• Clients who attain 30-days job retention during
the contract term,
• Clients who attain 90-days job retention during
the contract term,
• Clients who attain 180-days job retention during
the contract term.
Data source: Pay stubs and Employer
contract/written verification
60% of new CalWORKs recipients will retain
employment 90 days by the end of the
contract term.
50% of new CalWORKs recipients will retain
employment 180 by the end of the contract
term.
ORGANIZATION:
SERVICES:
CONTRACT PERIOD:
CONTRACT AMOUNT:
BUDGET CATEGORY
SALARIES & BENEFITS
Salaries
Payroll Taxes
Benefits
SERVICES & SUPPLIES
Insurance
Communications
Office Expense
Equipment
Facilities -Lease
Travel Costs
Program Supplies
Consultancy/Subcontracts
Fiscal & Audits
Training
Indirect Costs
BUDGET SUMMARY
Vocational Management Services, Inc
Vocational Skills Training for Special Needs Participants
July 1, 2016 -June 30, 2017
July 1, 2017 -June 30, 2018
July 1, 2018 -June 30, 2019
July 1, 2019 -June 30, 2020
July 1, 2020 -June 30, 2021
$658,488 per 12 Month Contract Term
ACCOUNT
NUMBER
0100
0150
0200
0250
0300
0350
0400
0450
0500
0550
0600
0650
0660
0700
Subtotal:
Subtotal:
TOTAL:
Exhibit B
Page 1of3
AMOUNT
$ 339,440.00
$ 30,783.00
$ 149,164.00
$ 519,387.00
$ 9,100.00
$ 3,500.00
$ 20,250.00
s
s 46,661.00
s 26,000.00
s 7,500.00
s 12,090.00
$ 14,000.00
$
s
s 139,101.00
$ 658,488.00
ORGANIZATION:
SERVICES:
CONTRACT PERIOD:
CONTRACT AMOUNT:
BUDGET
ACCOUNT
0250
0300
0350
0450
osoo
0500
0600
0650
BUDGET DETAIL
Vocational Management Services
Vocational Skills Training for Special Needs Participants
July 1, 2016-June 30, 2017
July 1, 2017 -June 30, 2018
July 1, 2018 -June 30, 2019
July 1, 2019 -June 30, 2020
July 1, 2020 -June 30, 2021
$658,488 per 12 Month Contract Term
CATEGORY
INSURANCE
General Liability
Worker's Compensation
COMMUNICATIONS
Telephone and Internet
OFFICE EXPENSE
Utilities
Building Maintenance and Supplies
Desktop Supplies
Postage
Equipment Maintenace/Repalr/Replacement
FACILITIES
Lease Payment
TRAVEL COSTS
Participant
Staff
PROGRAM SUPPLIES
Workbooks/Instructional Aids
Testing Materials
CONSULTANCY SERVICES
Perceptual MotorUpdates 480 at $25
Translation Services
FISCAL & AUDITS
7 /1/2016 to 6/30/2017
Audit -Due 6/17
TOTAL SERVICES AND SUPPLIES
SUB-TOTAL
3,100
6,000
3,500
8,200
3,000
3,900
400
4,750
46,661
20,000
6,000
3,750.00
3,750.00
12,000.00
90.00
7,000.00
7,000.00
139,101
Exhibit B
Page 2 of 3
9,100
3,SOO
20,250
46,661
20,000
6,000
7,500
12,090
14,000
139,101
ORGANIZATION:
SERVICES:
CONTRACT PERIOD:
CONTRACT AMOUNT:
SALARIES:
POSTIONS
Director/Counselor
Rehabilitation Counselor/Teacher
Rehabilitation Counselor/Teacher
Job Developer/Teacher
Clerical/ Attendance Monitor/Teacher's Aide
Teacher's Aide 40 hours/week $13.00/hour
Teacher's Aide 40 hours/week $12.50/hour
Teacher's Aide 40 hours/week $12.50/hour
BENEFITS:
Benefit Item:
FICA
SUI
Health and Dental
FUTA
Retirement
SALARIES AND BENEFITS
Vocational Management Services, Inc
Exhibit B
Page 3 of 3
Vocational Skills Training for Special Needs Participants
July 1, 2016 -June 30, 2017
July 1, 2017 -June 30, 2018
July 1, 2018 -June 30, 2019
July 1, 2019 -June 30, 2020
July l, 2020 -June 30, 2021
$658,488 per 12 Month Contract Term
PERSONS % Months Monthly
1 100% 12 $ 6,600.00
1 100% 12 $ 4,200.00
1 100% 12 $ 4,200.00
1 100% 12 $ 3,500.00
1 100% 12 $ 3,200.00
1 100% 12 $13.00/40
hours
1 100% 12 $12.50/40
hours
1 100% 12 $12.50/40
hours
Total:
Total:
Total Salaries and Benefits:
TOTAL
$ 79,200.00
$ 50,400.00
$ 50,400.00
$ 42,000.00
$ 38,400.00
$ 27,040.00
$ 26,000.00
$ 26,000.00
$ 339,440.00
$ 25,967.00
$ 3,472.00
$ 115,220.00
$ 1,344.00
$ 33,944.00
$ 179,947.00
$ 519,387.00
SELF-DEALING TRANSACTION DISCLOSURE FORM
Exhibit C
Page 1 of2
In order to conduct business with the County of Fresno (hereinafter referred to as "County"),
members of a contractor's board of directors (hereinafter referred to as "County Contractor''), must
disclose any self-dealing transactions that they are a party to while providing goods, performing
services, or both for the County. A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name, job title (if applicable), and date this disclosure is being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
(1) cC>mpanyl3oard Member Information: ..
Name:
Job Title:
(2.) (:(),rip~ny/Age'ncy Name ancl Address:
(3) Disclosure (Please cl~sC:ribe the nature of the self-dealing tr~~s~t,tiC>.f1 you are~ P#l't\' to): <J:')>
Exhibit C
Page 2 of2
(4) Explain why this self-dealing transactiC>n is C()nSlstent with the requir~ment~.9f.¢9rp()~~~.i9h~ Code'S~33(#):
(S)·Authorized Signat:ure•·.··
Signature: