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HomeMy WebLinkAboutM-21-559 DSS Data Sharing.pdf 1 MEMORANDUM OF UNDERSTANDING BETWEEN County of Fresno Department of Social Services and Center for Employment Opportunities (CEO) of Fresno County THIS MEMORANDUM OF UNDERSTANDING , hereinafter referred to as MOU, is made and entered into this this 1st day of October 2021 by and between County of Fresno Department of Social New York nonprofit corporation , hereinafter referred to as PROVIDER. It is expressly understood and agreed by all participants as follows: I. PURPOSE This MOU establishes a collaborative for the CalFresh Employment and Training (E&T) employer-valued skills the employment and training program. This MOU will define the areas of responsibilities for interagency cooperation to facilitate implementation. II. RESPONSIBILITIES OF COLLABORATIVE PARTNERS A. RESPONSIBILITIES OF COUNTY COUNTY SHALL: 1. Refer appropriate CalFresh participants to PROVIDER by placing flyers and other informational material provided by PROVIDER in COUNTY office lobbies; 2. Accurately determine eligibility and enroll all eligible applicants referred by PROVIDER into CalFresh; 3. Ensure PROVIDER has access to data required to confirm CalFresh E&T eligibility of potential participants and ABAWD status for each successfully enrolled participant; 4. Ensure PROVIDER has access to current and accurate monthly data on continuing CalFresh E&T eligibility of participants until such time as PROVIDER can obtain Confirm system; 5. rm by delegating authority for approval per the processes required by the CDSS; 6. Safeguard confidentiality of PROVIDER information and data in accordance with CalFresh policies; 7. Integrate tabulated data on participation from PROVIDER into quarterly STAT 47 reports; 8. Participate in any necessary planning for the end of the ABAWD waiver and collaborate with PROVIDER to develop systems to comply with state and federal requirements as needed; and 9. Cooperate with program and fiscal reviews and address any corrective actions. M-21-559 1 of 9 2 B. RESPONSIBILITIES OF PROVIDER PROVIDER shall: a. Identify and assess potential participants; b. Implement program, actively managing daily administrative, fiscal, and programmatic activities and incorporating relevant rules, guidelines, forms, templates, policies, and procedures; c. Ensure that participants are actively participating in the program; d. Confirm that participants are CalFresh E&T eligible for each month in which they receive CalFresh E&T services using CalFresh Confirm or other available sources; e. Obtain and record ABAWD status from COUNTY or other available sources for each new participant upon entry to the program and at the start of each federal fiscal year for continuing participants; f. Maintain and submit records for quarterly and annual reporting requirements; g. Participate in any necessary planning for the end of the ABAWD waiver and collaborate with COUNTY to develop systems to comply with state and federal requirements as needed; and h. Cooperate with program and fiscal reviews and address any corrective actions. III. COMPENSATION The parties agree that no compensation shall be paid by either party to the other party for services rendered under this MOU. IV. TERM This MOU shall be effective October 1, 2021, between the COUNTY and PROVIDER and shall remain in effect until September 30, 2022. This MOU may be extended for two (2) additional one-year terms upon written approval of both parties no later than thirty (30) days prior to the first day of the next extension period, unless terminated or otherwise amended before that date. The Purchasing Manager or designee is authorized to execute such written V. NOTICE 1. Any notice, demand, request, consent, or approval that either party provides pursuant to this MOU shall be in writing and shall be either personally delivered or sent by mail or email, addressed as follows: COUNTY PROVIDER County of Fresno Director, Department of Social Services 205 W. Pontiac Way, Bldg. 2 Clovis, CA 93612 Center for Employment Opportunities Deputy Executive Director 1320 East 7th St., Suite 260 Los Angeles, CA 90021 2. Either party may change the address to which subsequent notice and/or other communications can be sent by giving written notice designating a change of address to the other party, which shall be effective upon receipt. M-21-559 2 of 9 3 3. For all claims arising out of or related to this MOU, nothing in this section establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810). VI. COMPLIANCE WITH LAWS The parties shall observe and comply with all applicable Federal, State, and County laws, regulations, and ordinances. VII. CONFIDENTIALITY AND SECURITY All services performed by PROVIDER under this MOU shall be in strict conformance with all applicable Federal, State of California, and/or local laws and regulations relating to confidentiality. PROVIDER shall require its employees, agents, officers and subcontractors to comply with the provisions of Sections 10850 and 14100.2 of the Welfare and Institutions Code, as well as the California Department of Social Services (CDSS) Manual of Policies and Procedures, Division 19-0000 and the California Department of Health Care Services (DHCS) Medi-Cal Eligibility Procedures Manual, Section 2H. These Code sections provide that: a. All applications and records concerning any individual made or kept in connection with the administration of any provision of the Welfare and Institutions Code relating to Medicaid or any form of public social services for which grants-in-aid are received by the State of California from the United States government shall be confidential, and shall not be open to examination for any purpose not directly connected with the administration of such public social services. b. No person shall publish, disclose or use or permit or cause to be published or disclosed any list of persons receiving public social services, except as is provided by law. c. No person shall publish, disclose, or use or permit or cause to be published, disclosed or used any confidential information pertaining to an applicant or recipient, except as is provided by laws. d. PROVIDER shall inform all of its employees, agents, officers and subcontractors of the above provisions and that any person knowingly and intentionally violating such provisions is guilty of a misdemeanor. The current versions of both the DHCS and CDSS Privacy and Security Agreements are available upon request or can be viewed at: http://www.co.fresno.ca.us/MediCalPrivacy/. PROVIDER shall insure that all personally identifiable information (PII), as defined in the DHCS and CDSS Privacy and Security Agreements, concerning program recipients shall be kept confidential and shall not be opened to examination, publicized, disclosed, or used for any purpose not directly connected with the administration of the program. PROVIDER shall use appropriate administrative, physical, and technical safeguards to protect PII, as set forth in the DHCS and CDSS Privacy and Security Agreements. Upon discovery of a breach, security incident, intrusion, or unauthorized access, use, or disclosure of PII, PROVIDER shall immediately report the incident to the COUNTY by calling (559) 600- M-21-559 3 of 9 4 2300 or E-mailing at dssprivacyofficer@fresnocountyca.gov. PROVIDER shall certify that all employees, agents, officers and subcontractors have received privacy and security training before accessing any PII and have received refresher training annually, as required by the Agreements. VIII. CONFLICT OF INTEREST No party or their officers or employees shall have a financial interest, or acquire any financial interest, direct or indirect, in any business, property, or source of income which could be financially affected by or otherwise conflict in any manner or degree with the performance of services required under this MOU. IX. NON-DISCRIMINATION IN EMPLOYMENT, SERVICE, BENEFITS AND FACILITIES The parties, with regards to the work performed by them under this MOU, shall not unlawfully discriminate on the ground of race, color, national origin, ancestry, religion, sex, age, marital status, disability, veteran status, sexual orientation, or medical condition as defined in Section 12926 of the California Government Code. In all solicitations made for work to be performed under any subcontract, that party shall notify each potential subcontractor or supplier of its obligation under this MOU and applicable statutes and regulations. Neither party shall participate either directly or indirectly in discrimination prohibited applicable statutes and regulations. The parties agree and assure that they and any subcontractors shall comply with all applicable Federal, State, and local anti-discrimination laws, regulations, and ordinances and shall not unlawfully discriminate, harass, or allow harassment against any employee, applicant for employment, or recipient of services contemplated to be provided or provided under this MOU, because of race, ancestry, marital status, color, religious creed, political belief, national origin, ethnic group identification, sex, sexual orientation, age (over 40), medical condition (including HIV and AIDS), or physical or mental disability. The parties represent that they are complying with and agree that they will continue to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq) and regulations and guidelines issued pursuant thereto. PROVIDER shall provide all eligible activities under this MOU in a manner that is free from religious influences. PROVIDER shall include this nondiscrimination provision in all subcontracts related to this MOU. X. INDEMNIFICATION PROVIDER shall indemnify, defend, and hold harmless the COUNTY, its Board of Supervisors, officers, directors, agents, employees, and volunteers, from and against all demands, claims, actions, liabilities, losses, damages, and costs, including payment of reasonable attorneys' fees, arising out of or resulting from the performance of the MOU, officers, directors, agents employees, or subcontractors. COUNTY shall defend, indemnify and hold harmless PROVIDER, its officers, directors, agents, employees, and subordinates from and against all demands, claims, actions, liabilities, losses, damages and costs, including payment of reasonable attorneys' fees, arising out of or M-21-559 4 of 9 5 resulting from the performance of the Agreement, caused in whole or in part by the negligent or intentional acts or omissions of COUNTY's Board of Supervisors, officers, directors, agents, employees, or volunteers. It is the intention of the parties that the provisions of this paragraph be interpreted to make each party responsible to the other for the acts and omissions of their respective officers, subcontractors. It is also the intention of the parties that, where comparative fault is determined to have been contributory, principles of comparative fault will be followed and each party shall bear the proportionate cost of any damage attributable to the fault of that par and PROVIDER subcontractors. XI. INSURANCE Without limiting the COUNTY's right to obtain indemnification from PROVIDER or any third parties, PROVIDER , at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the MOU: a. Commercial General Liability Commercial General Liability Insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000). This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire, legal liability, or any other liability insurance deemed necessary because of the nature of this contract. b. Automobile Liability Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per accident for bodily injury and for property damages. Coverage should include any auto used in connection with this Agreement. Coverage should include owned and non-owned vehicles used in connection with this Agreement. c. Professional Liability If PROVIDER employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) 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. d. Worker's Compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. Additional Requirements Relating to Insurance PROVIDER shall obtain endorsements to the Commercial General Liability insurance M-21-559 5 of 9 6 naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this MOU are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance provided under CONTRACTOR's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to COUNTY. PROVIDER hereby waives its right to recover from COUNTY, its officers, agents, and this Agreement. PROVIDER is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but PROVIDER waiver of subrogation under this paragraph is effective whether or not PROVIDER obtains such an endorsement. Within Thirty (30) days from the date PROVIDER signs and executes this MOU, PROVIDER shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno at DSSContractInsurance@fresnocountyca.gov, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this MOU are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees, shall be excess only and not contributing with insurance provided under PROVIDER policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to COUNTY. In the event PROVIDER fails to keep in effect at all times insurance coverage as herein provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this MOU upon the occurrence of such event. All policies shall be issued by admitted insurers licensed to do business in the State of California, and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. XII. SUBCONTRACTS, ASSIGNMENT PROVIDER shall inform COUNTY before subcontracting any of the services delivered under this Agreement. PROVIDER remains legally responsible for the performance of all MOU terms including work performed by third parties under subcontracts. In the event of such subcontracting, any subcontractor or assignee is subject to the same provisions for providing service as is the PROVIDER. The PROVIDER must monitor, evaluate, and XIII. REPORTS M-21-559 6 of 9 7 PROVIDER shall make program evaluation, progress, and such other reports as may be reasonably required by COUNTY concerning PROVIDER's activities as they affect the MOU duties and purposes herein. COUNTY shall explain procedures for reporting the required information. COUNTY shall make available data, records, or other information needed by PROVIDER for purposes of reporting, documentation, or evaluation of Fresh Success. XIV. AUDITS AND RECORDS Upon request, COUNTY or its designee shall have the right at reasonable times and intervals to audit, at PROVIDER ' premises, PROVIDER program records as COUNTY deems necessary to determine PROVIDER compliance with legal and contractual requirements and the correctness of reports submitted by PROVIDER . PROVIDER shall maintain such records for a period of three years following termination of the MOU and shall make them be noted in the audit report, PROVIDER must submit an action plan with the audit report detailing how the finding will be addressed. Federal regulations require all findings to be corrected within six months after receipt of the audit report. XV. DISPUTES A. The parties acknowledge that issues may arise that require resolution between the parties. Both organizations agree to meet and confer to resolve such issues. Either party may notify the other party upon a 48-hour telephone notice or three-day written notice whenever a party desires to meet and confer and the other party shall attend on a mutually agreed date, time, and location. B. Pending resolution of any such dispute, PROVIDER shall continue without delay to carry out all its responsibilities under this MOU unless the MOU is otherwise terminated in accordance with the Termination provisions herein. If the dispute cannot be resolved within 15 calendar days of initiating such negotiations or such other time period as may be mutually agreed to by the parties in writing, either party may pursue its available legal and equitable remedies, pursuant to the laws of the State of California. Nothing in this MOU or provision shall constitute a waiver of any of the government claim filing requirements set forth in Title 1, Division 3.6, of the California Government Code or as otherwise set forth in local, state, and federal law. XVI. GOVERNING LAW Venue for any action arising out of or related to this MOU shall only be in Fresno County, California. The rights and obligations of the parties and all interpretation and performance of this MOU shall be governed in all respects by the laws of the State of California. XVII. AMENDMENT AND WAIVER Except as provided herein, no alteration, amendment, variation, or waiver of the terms of this MOU shall be valid unless made in writing and signed by both parties. XVIII. TERMINATION Either party may terminate this MOU without cause upon sixty (60) days written notice to the M-21-559 7 of 9 8 other party. Notice shall be deemed served on the date of mailing. If notice of termination for cause is given by a party and it is later determined that the other party was not in default or the default was excusable, then the notice of termination shall be deemed to have been given without cause pursuant to this paragraph (A). Either party may terminate this MOU for cause upon thirty (30) days written notice to other party should the other party materially fail to perform any of the covenants contained in this MOU in the time and/or manner specified. If notice of termination for cause is given by a party and it is later determined that the other party was not in default or the default was excusable, then the notice of termination shall be deemed to have been given without cause pursuant to paragraph (A) above. XIX. CALFRESH E&T PLAN APPROVAL CONTINGENCY CLAUSE All elements of this MOU are contingent upon USDA Food and Nutrition Service approval of a CalFresh E&T State Plan. IN WITNESS WHEREOF, the parties hereto have caused this MOU to be duly executed as of the day and year first written above. COUNTY OF FRESNO, a political subdivision of the State of California By ___________________________ Title _________________________ Date _________________________ CENTER FOR EMPLOYMENT OPPORTUNITIES , Inc. By __________________________ Title ________________________ Date ________________________ By __________________________ Title _________________________ Date _________________________ M-21-559 8 of 9 M-21-559 9 of 9