HomeMy WebLinkAboutAgreement A-22-163 with Reading and Beyond.pdf Agreement No. 22-163
1 AGREEMENT
2 THIS AGREEMENT is made and entered into this 19th day of April 2022, by and
3 between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to
4 as "COUNTY", and READING AND BEYOND, a California non-profit corporation, whose address is 4670
5 E. Butler Avenue, Fresno , CA 93702, hereinafter referred to as "SUBRECIPIENT"
6 WITNESSETH:
7 WHEREAS, COUNTY has a need for CalFresh Employment and Training (CFET) Services for
8 recipients of Non-Assistance CalFresh (NACF) benefits residing in Fresno County; and
9 WHEREAS, the Agricultural Act of 2014 was amended in 2018 to give the Food and Nutrition
10 Service (FNS) the authority to reallocate unobligated, unexpended, 100 percent Employment and
11 Training grant funds to continue the provision of CFET services for the previously funded 2014
12 Supplemental Nutrition Assistance Program Employment and Training (SNAP E&T) Pilots; and
13 WHEREAS, the COUNTY has applied for the above-mentioned reallocated funds to resume the
14 aforementioned CFET services for NACF recipients in Fresno County and FNS granted reallocated
15 CFET funds to Fresno County, and
16 WHEREAS, the SUBRECIPIENT as the provider of services under the 2014 SNAP E&T Pilot,
17 possesses the experience to provide the services to residents of Fresno County; and
18 WHEREAS, COUNTY and SUBRECIPIENT have agreed to collaborate in the success of the
19 CalFresh Employment and Training Program; and
20 WHEREAS, COUNTY is authorized to enter into an Agreement with SUBRECIPIENT for such
21 services pursuant to CalFresh Employment and Training and the rules and regulations of the California
22 Department of Social Services.
23 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
24 contained, the parties hereto agree as follows:
25 1. SUBRECIPIENT'S OBLIGATIONS
26 SUBRECIPIENT shall perform all services as set forth in Exhibit A, Summary of Services,
27 attached hereto and incorporated herein by this reference. SUBRECIPIENT shall provide specified
28 services and activities pursuant to the staffing patterns and program expenses detailed in Exhibit B,
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1 Budget Summary, attached hereto and incorporated herein by this reference.
2 2. TERM
3 The term of this Agreement shall commence on April 19, 2022 through and including September
4 30, 2022.
5 3. TERMINATION
6 A. Non-Allocation of Funds
7 The terms of this Agreement, and the services to be provided hereunder, are contingent on the
8 approval of funds by the appropriating government agency. Should sufficient funds not be allocated, the
9 services provided may be modified, or this Agreement terminated, at any time by giving the
10 SUBRECIPIENT thirty (30) days advance written notice.
11 B. Breach of Contract
12 The COUNTY may immediately suspend or terminate this Agreement in whole or in part, where
13 in the determination of the COUNTY there is:
14 1) An illegal or improper use of funds;
15 2) A failure to comply with any term of this Agreement;
16 3) A substantially incorrect or incomplete report submitted to the COUNTY; or
17 4) Improperly performed service.
18 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any
19 breach of this Agreement or any default which may then exist on the part of the SUBRECIPIENT.
20 Neither shall such payment impair or prejudice any remedy available to the COUNTY with respect to the
21 breach or default. The COUNTY shall have the right to demand of the SUBRECIPIENT the repayment
22 to the COUNTY of any funds disbursed to the SUBRECIPIENT under this Agreement, which in the
23 judgment of the COUNTY were not expended in accordance with the terms of this Agreement. The
24 SUBRECIPIENT shall promptly refund any such funds upon demand.
25 C. Without Cause
26 Under circumstances other than those set forth above, this Agreement may be terminated by
27 SUBRECIPIENT, COUNTY or COUNTY's DSS Director, or designee, upon the giving of thirty (30) days
28 advance written notice of an intention to terminate this Agreement.
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1 4. COMPENSATION
2 For actual services provided pursuant to the terms of this Agreement, COUNTY agrees to pay
3 SUBRECIPIENT and SUBRECIPIENT agrees to receive compensation in accordance with the Exhibit
4 B, Budget Summary.
5 In no event shall compensation paid for services performed under this Agreement be in excess
6 of Eight Hundred Twenty Thousand One Hundred Ninety-Four and No/100 Dollars ($820,194) during
7 the term of this Agreement. COUNTY will not reimburse SUBRECIPIENT for any portion of the
8 ancillary/support reimbursements made by the SUBRECIPIENT to participants served by
9 SUBRECIPIENT under this Agreement. SUBRECIPIENT is responsible for paying for all
10 ancillary/support reimbursements made by SUBRECIPIENT to participants served by SUBRECIPIENT
11 under this Agreement.
12 It is understood that all expenses incidental to SUBRECIPIENT'S performance of services under
13 this Agreement shall be borne by SUBRECIPIENT. If SUBRECIPIENT should fail to comply with any
14 provision of the Agreement, COUNTY shall be relieved of its obligation for further compensation. Any
15 compensation which is not expended by SUBRECIPIENT pursuant to the terms and conditions of this
16 Agreement shall automatically revert to COUNTY.
17 The services provided by the SUBRECIPIENT under this Agreement are funded in whole or in
18 part by the State of California and the United States Federal government. In the event that funding for these
19 services is delayed by the State Controller or the Federal government, COUNTY may defer payment to
20 SUBRECIPIENT. The amount of the deferred payment shall not exceed the amount of funding delayed to
21 the COUNTY. The period of time of the deferral by COUNTY shall not exceed the period of time of the
22 State Controller's or Federal government's delay of payment to COUNTY plus forty-five (45) days.
23 5. INVOICING
24 SUBRECIPIENT shall invoice COUNTY's DSS in arrears by the tenth (10th) of each month for
25 expenditures incurred and services rendered in the previous month to:
26 DSSlnvoices(a�fresnocountyca.gov. Payments by COUNTY's DSS shall be in arrears for actual services
27 provided during the preceding month, within forty-five (45) days after receipt, verification, and approval
28 of SUBRECIPIENT's invoices by COUNTY's DSS. A monthly activity report shall accompany the
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1 invoice, reflecting services supported by the invoiced expenditures and be in a form and in such detail
2 as acceptable to the COUNTY's DSS. All final claims for funding shall be submitted by SUBRECIPIENT
3 within sixty (60) days following the final month of services. At the discretion of COUNTY's DSS Director
4 or his/her designee, COUNTY's DSS may deny payment of any invoice received more than sixty (60)
5 days following the final month of services.
6 Monthly invoices must be submitted with accompanying back-up documentation, which must
7 provide proof of payment for all costs billed on the invoice. Expenditures must be billed to the invoice
8 corresponding to the month in which the expenditure was paid. All expenditures shall be reimbursed on a
9 cash basis and will not be reimbursed until paid by CONTRACTOR. Costs incurred via credit card are not
10 considered paid until the credit card payment has been made and must be invoiced with verification of
11 credit card payment included.
12 At the discretion of COUNTY's DSS Director or designee, if an invoice is incorrect or is otherwise
13 not in proper form or detail, COUNTY's DSS Director or designee shall have the right to withhold
14 payment as to only that portion of the invoice that is incorrect or improper after five (5) days prior written
15 notice or email correspondence to SUBRECIPIENT. SUBRECIPIENT agrees to continue to provide
16 services for a period of ninety (90) days after written or email notification of an incorrect or improper
17 invoice. If after the ninety (90) day period the invoice has still not been corrected to COUNTY's DSS
18 satisfaction, COUNTY or COUNTY's DSS Director or designee may elect to terminate this Agreement,
19 pursuant to the termination provisions stated in Paragraph Three (3) of this Agreement.
20 6. MODIFICATION
21 A. Any matters of this Agreement may be modified from time to time by the written
22 consent of SUBRECIPIENT and COUNTY without, in any way, affecting the remainder.
23 B. Notwithstanding the above, changes to line items in Exhibit B, Budget Summary,
24 in an amount not to exceed 10% of the total maximum compensation payable to the SUBRECIPIENT as
25 identified in Section Four (4) of this Agreement, may be made with the written approval of COUNTY's
26 DSS Director, or designee and SUBRECIPIENT. Budget line-item changes shall not result in any
27 change to the total maximum compensation amount payable to SUBRECIPIENT, as stated herein.
28 SUBRECIPIENT agrees that reductions to the maximum compensation set forth in Section Four (4) of
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1 this Agreement may be necessitated by a reduction in funding from State or Federal sources. Any such
2 reduction to the maximum compensation may be made with the written approval of COUNTY's DSS
3 Director or designee and SUBRECIPIENT. SUBRECIPIENT further understands that this Agreement is
4 subject to any restrictions, limitations, or enactments of all legislative bodies which affect the provisions,
5 term, or funding of this agreement in any manner.
6 7. INDEPENDENT CONTRACTOR
7 In performance of the work, duties and obligations assumed by SUBRECIPIENT under this
8 Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of the
9 SUBRECIPIENT'S officers, agents, and employees will at all times be acting and performing as an
10 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
11 employee, joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no
12 right to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its
13 work and function. However, COUNTY shall retain the right to administer this Agreement so as to verify
14 that SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.
15 SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the rules and
16 regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
17 Because of its status as an independent contractor, SUBRECIPIENT shall have absolutely no
18 right to employment rights and benefits available to COUNTY employees. SUBRECIPIENT shall be
19 solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee
20 benefits. In addition, SUBRECIPIENT shall be solely responsible and save COUNTY harmless from all
21 matters relating to payment of SUBRECIPIENT'S employees, including compliance with Social Security
22 withholding and all other regulations governing such matters. It is acknowledged that during the term of
23 this Agreement, SUBRECIPIENT may be providing services to others unrelated to the COUNTY or to
24 this Agreement.
25 8. HOLD HARMLESS AND INDEMNIFICATION
26 SUBRECIPIENT agrees to indemnify, save, hold harmless, and at COUNTY'S request, defend
27 the COUNTY, its officers, agents, and employees from any and all costs and expenses (including
28 attorney's fees and costs), damages, liabilities, claims, and losses occurring or resulting to COUNTY in
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1 connection with the performance, or failure to perform, by SUBRECIPIENT, its officers, agents, or
2 employees under this Agreement, and from any and all costs and expenses (including attorney's fees
3 and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or
4 corporation who may be injured or damaged by the performance, or failure to perform, of
5 SUBRECIPIENT, its officers, agents, or employees under this Agreement. The provisions of this
6 Section Eight (8) shall survive termination of this Agreement.
7 9. INSURANCE
8 Without limiting the COUNTY's right to obtain indemnification from SUBRECIPIENT or any third
9 parties, SUBRECIPIENT, at its sole expense, shall maintain in full force and effect, the following insurance
10 policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or
11 Joint Powers Agreement(JPA)throughout the term of the Agreement:
12 A. Commercial General Liability
13 Commercial General Liability Insurance with limits of not less than Two Million Dollars
14 ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This
15 policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
16 completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
17 liability or any other liability insurance deemed necessary because of the nature of this contract.
18 B. Automobile Liability
19 Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
20 ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto
21 used in connection with this Agreement, including both owned and non-owned vehicles.
22 C. Professional Liability
23 If SUBRECIPIENT employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in
24 providing services, Professional Liability Insurance with limits of not less than One Million Dollars
25 ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. SUBRECIPIENT
26 agrees that it shall maintain, at its sole expense, in full force and effect for a period of three (3)years
27 following the termination of this Agreement, one or more policies of professional liability insurance with
28 limits of coverage as specified herein.
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1 D. Worker's Compensation
2 A policy of Worker's Compensation insurance as may be required by the California Labor Code.
3 E. Additional Requirements Relating to Insurance
4 SUBRECIPIENT shall obtain endorsements to the Commercial General Liability insurance
5 naming the County of Fresno, its officers, agents, and employees, individually and collectively, as
6 additional insured, but only insofar as the operations under this Agreement are concerned. Such
7 coverage for additional insured shall apply as primary insurance and any other insurance, or
8 self-insurance, maintained by COUNTY, its officers, agents, and employees shall be excess only and
9 not contributing with insurance provided under SUBRECIPIENT's policies herein. This insurance shall
10 not be cancelled or changed without a minimum of thirty (30) days advance written notice given to
11 COUNTY.
12 SUBRECIPIENT hereby waives its right to recover from COUNTY, its officers, agents, and
13 employees any amounts paid by the policy of worker's compensation insurance required by this
14 Agreement. SUBRECIPIENT is solely responsible to obtain any endorsement to such policy that may be
15 necessary to accomplish such waiver of subrogation, but SUBRECIPIENT's waiver of subrogation under
16 this paragraph is effective whether or not SUBRECIPIENT obtains such an endorsement.
17 Within Thirty (30) days from the date SUBRECIPIENT signs and executes this Agreement,
18 SUBRECIPIENT shall provide certificates of insurance and endorsement as stated above for all of the
19 foregoing policies, as required herein, to the County of Fresno,
20 DSSContractlnsurance(c�fresnocountyca.gov, Attention: Contract Analyst, stating that such insurance
21 coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and
22 employees will not be responsible for any premiums on the policies; that for such worker's
23 compensation insurance the SUBRECIPIENT has waived its right to recover from the COUNTY, its
24 officers, agents, and employees any amounts paid under the insurance policy and that waiver does not
25 invalidate the insurance policy; that such Commercial General Liability insurance names the County of
26 Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only
27 insofar as the operations under this Agreement are concerned; that such coverage for additional insured
28 shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its
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1 officers, agents and employees, shall be excess only and not contributing with insurance provided under
2 SUBRECIPIENT's policies herein; and that this insurance shall not be cancelled or changed without a
3 minimum of thirty (30) days advance, written notice given to COUNTY.
4 In the event SUBRECIPIENT fails to keep in effect at all times insurance coverage as herein
5 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
6 Agreement upon the occurrence of such event.
7 All policies shall be issued by admitted insurers licensed to do business in the State of
8 California, and such insurance shall be purchased from companies possessing a current A.M. Best, Inc.
9 rating of A FSC VI or better.
10 10. ASSIGNMENT AND SUBCONTRACTS
11 Neither party shall assign, transfer or subcontract this Agreement nor their rights or duties under
12 this Agreement without the prior written consent of the other party. Any transferee, assignee or
13 subcontractor will be subject to all applicable provisions of this Agreement, and all applicable State and
14 Federal regulations. SUBRECIPIENT shall be held primarily responsible by COUNTY for the
15 performance of any transferee, assignee or subcontractor unless otherwise expressly agreed to in
16 writing by COUNTY. The use of subcontractor by SUBRECIPIENT shall not entitle SUBRECIPIENT to
17 any additional compensation than is provided for under this Agreement.
18 11. CONFLICT OF INTEREST
19 No officer, employee or agent of the COUNTY who exercises any function or responsibility for
20 planning and carrying out of the services provided under this Agreement shall have any direct or indirect
21 personal financial interest in this Agreement. In addition, no employee of the COUNTY shall be
22 employed by the SUBRECIPIENT under this Agreement to fulfill any contractual obligations with the
23 COUNTY. The SUBRECIPIENT shall comply with all Federal, State of California and local conflict of
24 interest laws, statutes and regulations, which shall be applicable to all parties and beneficiaries under
25 this Agreement and any officer, employee or agent of the COUNTY.
26 12. DISCLOSURE OF SELF-DEALING TRANSACTIONS
27 This provision is only applicable if the SUBRECIPIENT is operating as a corporation (a for-profit
28 or non-profit corporation) or if during the term of the agreement, the SUBRECIPIENT changes its status
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1 to operate as a corporation.
2 Members of the SUBRECIPIENT's Board of Directors shall disclose any self-dealing
3 transactions that they are a party to while SUBRECIPIENT is providing goods or performing services
4 under this agreement. A self-dealing transaction shall mean a transaction to which the SUBRECIPIENT
5 is a party and in which one or more of its directors has a material financial interest. Members of the
6 Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and
7 signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit C and incorporated
8 herein by reference, and submitting it to the COUNTY prior to commencing with the self-dealing
9 transaction or immediately thereafter.
10 13. NON-DISCRIMINATION
11 During the performance of this Agreement, SUBRECIPIENT and its officers, employees, agents
12 and subcontractors shall not unlawfully discriminate in violation of any Federal, State or local law, rule or
13
regulation against any employee or applicant for employment, or recipient of services under this
14
Agreement, because of ethnic group identification, gender, gender identity, gender expression, sexual
15
16 orientation, color, physical disability, mental disability, medical condition, national origin, race, ancestry,
17 marital status, religion, or religious creed.
18 A. Domestic Partners and Gender Identity
19 For State fund-funded contracts of$100,000 or more, SUBRECIPIENT certifies that it complies
20 with Public Contract Code Section 10295.3.
21 B. Americans with Disabilities Act
22
SUBRECIPIENT shall comply with the Americans with Disabilities Act (ADA) of 1990, which
23
prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines
24
25 issued pursuant to the ADA (42 U.S.C. 12101 et seq.)
26 C. SUBRECIPIENT shall include the non-discrimination and compliance provisions of this
27 section in all subcontracts to perform work under this Agreement.
28
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1 14. LIMITED ENGLISH PROFICIENCY
2 SUBRECIPIENT shall provide interpreting and translation services to persons participating in
3 SUBRECIPIENT's services who have limited or no English language proficiency, including services to
4
persons who are deaf or blind. Interpreter and translation services shall be provided as necessary to
5
allow such participants meaningful access to the programs, services and benefits provided by
6
SUBRECIPIENT. Interpreter and translation services, including translation of SUBRECIPIENT's "vital
7
8 documents" (those documents that contain information that is critical for accessing SUBRECIPIENT's
9 services or are required by law) shall be provided to participants at no cost to the participant.
10 SUBRECIPIENT shall ensure that any employees, agents, subcontractors, or partners who interpret or
11 translate for a program participant, or who directly communicate with a program participant in a
12 language other than English, demonstrate proficiency in the participant's language and can effectively
13 communicate any specialized terms and concepts peculiar to SUBRECIPIENT's services.
14 15. MEDI-CAL CONFIDENTIALITY
15
All services performed by SUBRECIPIENT under this Agreement shall be in strict conformance
16
with all applicable Federal, State of California, and/or local laws and regulations relating to
17
confidentiality. SUBRECIPIENT shall require its employees, agents, officers and subcontractors to
18
comply with the provisions of Sections 10850 and 14100.2 of the Welfare and Institutions Code, as well
19
as the California Department of Social Services (CDSS) Manual of Policies and Procedures, Division
20
19-0000 and the California Department of Health Care Services (DHCS) Medi-Cal Eligibility Procedures
21
Manual, Section 2H. These Code sections provide that:
22
A. All applications and records concerning any individual made or kept by any public
23
officer or agency in connection with the administration of any provision of the Welfare and Institutions
24
Code relating to Medicaid or any form of public social services for which grants-in-aid are received by
25
the State of California from the United States government shall be confidential, and shall not be open to
26
examination for any purpose not directly connected with the administration of such public social
27
services.
28
B. No person shall publish, disclose or use or permit or cause to be published or
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1 disclosed any list of persons receiving public social services, except as is provided by law.
2 C. No person shall publish, disclose, or use or permit or cause to be published,
3 disclosed, or used any confidential information pertaining to an applicant or recipient, except as is
4 provided by laws.
5 SUBRECIPIENT shall inform all its employees, agents, officers, and subcontractors of the above
6 provisions and that any person knowingly and intentionally violating such provisions is guilty of a
7 misdemeanor.
8 In addition, SUBRECIPIENT, its employees, agents, and officers shall comply, and require all its
9 subcontractors to comply, with (1) the DHCS Medi-Cal Privacy and Security Agreement between the
10 California DHCS and the County of Fresno that is then in effect, and (2) the Privacy and Security
11 Agreement between the CDSS and the County of Fresno that is then in effect, both of which together
12 shall be referred to in this section as "the Agreements" and are incorporated herein by this reference.
13 The current versions of both the DHCS and CDSS Privacy and Security agreements are available upon
14 request or can be viewed at: http://www.co.fresno.ca.us/MediCalPrivacy/. SUBRECIPIENT shall insure
15 that all personally identifiable information (PII), as defined in the Agreements, concerning program
16 recipients shall be kept confidential and shall not be opened to examination, publicized, disclosed, or
17 used for any purpose not directly connected with the administration of the program. SUBRECIPIENT
18 shall use appropriate administrative, physical, and technical safeguards to protect PII, as set forth in the
19 Agreements. Upon discovery of a breach, security incident, intrusion, or unauthorized access, use, or
20 disclosure of PII, SUBRECIPIENT shall immediately report the incident to the COUNTY by calling (559)
21 600-2300 or e-mailing at dssprivacyincident@fresnocountyca.gov. SUBRECIPIENT shall certify that all
22 employees, agents, officers and subcontractors have received privacy and security training before
23 accessing any PII and have received refresher training annually, as required by the Agreements.
24 16. CLEAN AIR AND WATER
25 In the event the funding under this Agreement exceeds One Hundred Fifty Thousand and
26 No/100 Dollars ($150,000.00), SUBRECIPIENT shall comply with all applicable standards, orders or
27 requirements issued under the Clean Air Act, as amended, 42 U.S. Code 7401 et seq., and the Federal
28 Water Pollution Control Act, 33 U.S. Code 1251 et seq. Under these laws and regulations,
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1 SUBRECIPIENT shall:
2 A. Assure the COUNTY that no facility shall be utilized in the performance of this
3 Agreement that has been listed on the Environmental Protection Agency (EPA) list of Violating Facilities;
4 B. Notify COUNTY prior to execution of this Agreement of the receipt of any
5 communication from the Director, Office of Federal Activities, U.S. EPA indicating that a facility to be
6 utilized in the performance of this Agreement is under consideration to be listed on the EPA list of
7 Violating Facilities;
8 C. Report each violation of the above laws to COUNTY and understand and agree
9 that the COUNTY will, in turn, report each violation as required to assure notification to the Federal
10 Emergency Management Agency (FEMA) and the appropriate Environmental Protection Agency
11 Regional Office; and
12 D. Include these requirements in each subcontract exceeding $150,000 financed in
13 whole or in part with federal assistance.
14 17. PROCUREMENT OF RECOVERED MATERIALS
15 In the performance of this Agreement, SUBRECIPIENT shall comply with section 6002 of the
16 Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
17 requirements of Section 6002 include procuring only items designated in guidelines of the
18 Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of
19 recovered materials practicable, consistent with maintaining a satisfactory level of competition, where
20 the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the
21 preceding fiscal year exceeded $10,000. For contracts meeting this threshold SUBRECIPIENT shall
22 make maximum use of products containing recovered materials that are EPA- designated items unless
23 the product cannot be acquired:
24 i. Competitively within a timeframe providing for compliance with the
25 contract performance schedule;
26 ii. Meeting contract performance requirements; or
27 iii. At a reasonable price.
28
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1 18. DRUG-FREE WORKPLACE REQUIREMENTS
2 For purposes of this paragraph, SUBRECIPIENT will be referred to as the "grantee". By drawing
3 funds against this grant award, the grantee is providing the certification that is required by regulations
4 implementing the Drug-Free Workplace Act of 1988, 45 CFR Part 76, Subpart F. These regulations
5 require certification by grantees that they will maintain a drug-free workplace. False certification or
6 violation of the certification shall be grounds for suspension of payments, suspension or termination of
7 grants, or government wide suspension or debarment. SUBRECIPIENT shall also comply with the
8 requirements of the Drug-Free Workplace Act of 1990 (California Government Code section 8350 et
9 seq.).
10 19. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
11 VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS
12 A. COUNTY and SUBRECIPIENT recognize that SUBRECIPIENT is a recipient of
13 Federal assistance funds under the terms of this Agreement. By signing this Agreement,
14 SUBRECIPIENT agrees to comply with applicable Federal suspension and debarment regulations,
15 including but not limited to: 7 CFR 3016.35, 29 CRF 97.35, 45 CFR 92.35, and Executive Order 12549.
16 By signing this Agreement, SUBRECIPIENT attests to the best of its knowledge and belief, that it and its
17 principals:
18 1) Are not presently debarred, suspended, proposed for debarment, declared
19 ineligible, or voluntarily excluded from participation in this transaction by any Federal department or
20 agency; and
21 2) Shall not knowingly enter into any lower tier covered transaction with an entity
22 or person who is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
23 excluded from participation in this transaction by any Federal department or agency.
24 B. SUBRECIPIENT shall provide immediate written notice to COUNTY if at any time
25 during the term of this Agreement SUBRECIPIENT learns that the representations it makes above were
26 erroneous when made or have become erroneous by reason of changed circumstances
27 C. SUBRECIPIENT shall include a clause titled "Certification Regarding Debarment,
28 Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Covered Transactions" and similar in
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1 nature to this Paragraph Nineteen (19) in all lower tier covered transactions and in all solicitations for
2 lower tier covered transactions.
3 D. SUBRECIPIENT shall, prior to soliciting or purchasing goods and services in
4 excess of$25,000 funded by this Agreement, review and retain the proposed vendor's suspension and
5 debarment status at https://sam.gov/SAM/.
6 E. The certification in Nineteen (19) of this Agreement is a material representation of
7 fact upon which COUNTY relied in entering into this Agreement.
8 20. GRIEVANCES
9 SUBRECIPIENT shall establish procedures for handling client complaints and/or grievances.
10 Such procedures will include provisions for informing clients of their rights to a State Hearing to resolve
11 such issues when appropriate.
12 21. PROHIBITION ON PUBLICITY
13 None of the funds, materials, property or services provided directly or indirectly under this
14 Agreement shall be used for SUBRECIPIENT's advertising, fundraising, or publicity (i.e., purchasing of
15 tickets/tables, silent auction donations, etc.) for the purpose of self-promotion. Notwithstanding the
16 above, publicity of the services described in Paragraph One (1) of this Agreement shall be allowed as
17 necessary to raise public awareness about the availability of such specific services when approved in
18 advance by the Director or designee and at a cost as provided by SUBRECIPIENT in writing for such
19 items as written/printed materials, the use of media (i.e., radio, television, newspapers) and any other
20 related expense(s).
21 22. LOBBYING AND POLITICAL ACTIVITY
22 None of the funds provided under this Agreement shall be used for publicity, lobbying or
23 propaganda purposes designed to support or defeat legislation pending in the Congress of the United
24 States of America or the Legislature of the State of California.
25 SUBRECIPIENT shall not directly or indirectly use any of the funds under this Agreement for any
26 political activity or to further the election or defeat of any candidate for public office.
27 23. STATE ENERGY CONSERVATION
28 SUBRECIPIENTS must comply with the mandatory standard and policies relating to energy
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1 efficiency which are contained in the State Energy Conservation Plan issued in compliance with 42
2 United States (US) Code sections 6321, et. Seq.
3 24. FRATERNIZATION
4 SUBRECIPIENT shall establish procedures addressing fraternization between
5 SUBRECIPIENT'S staff and clients. Such procedures will include provisions for informing
6 SUBRECIPIENT'S staff and clients regarding fraternization guidelines.
7 25. INTERPRETATION OF LAWS AND REGULATIONS
8 COUNTY reserves the right to make final interpretations or clarifications on issues relating to
9 Federal and State laws and regulations, to ensure compliance.
10 26. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
11 SUBRECIPIENT, its officers, consultants, subcontractors, agents and employees shall comply
12 with all applicable State, Federal and local laws, regulations, and executive orders, as well as Federal
13 policies, procedures, and directives governing projects that utilize State and Federal Funds. This
14 includes laws, rules and regulations that pertain to construction, health and safety, labor, fair
15 employment practices, environmental protection, equal opportunity, fair housing, and all other matters
16 applicable or related to SUBRECIPIENT's services, the SUBRECIPIENT, its subcontractors, and all
17 eligible activities.
18 SUBRECIPIENT shall be responsible for obtaining all permits, licenses, and approvals required
19 for performing any activities under this Agreement, including those necessary to perform design,
20 implementation, operation, and maintenance of the activities. SUBRECIPIENT shall be responsible for
21 observing and complying with any applicable federal, state, and local laws, rules, and regulations
22 affecting any such work, specifically those including, but not limited to, environmental protection,
23 procurement, and safety laws, rules, regulations, and ordinances. SUBRECIPIENT shall provide copies
24 of permits and approvals to COUNTY upon request.
25 27. NO OBLIGATION BY FEDERAL GOVERNMENT
26 The Federal Government is not a party to this contract and is not subject to any obligations or
27 liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from
28 this Agreement.
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1 28. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
2 SUBRECIPIENT acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False
3 Claims and Statements) applies to SUBRECIPIENT's actions pertaining to this contract.
4 29. RECORDS
5 A. Record Establishment and Maintenance
6 SUBRECIPIENT shall establish and maintain records in accordance with those
7 requirements prescribed by COUNTY, with respect to all matters covered by this Agreement.
8 SUBRECIPIENT shall retain all fiscal books, account records and client files for services performed
9 under this Agreement for at least five (5) years from date of final payment under this Agreement or until
10 all State and Federal audits are completed for that fiscal year, whichever is later.
11 B. Cost Documentation
12 1) SUBRECIPIENT shall submit to COUNTY within ten (10) calendar days
13 following the end of each month, all fiscal and program reports for that month. SUBRECIPIENT shall
14 also furnish to COUNTY such statements, records, data and information as COUNTY may request
15 pertaining to matters covered by this Agreement. In the event that SUBRECIPIENT fail to provide
16 reports as provided herein, it shall be deemed sufficient cause for COUNTY to withhold payments until
17 compliance is established.
18 2) All costs shall be supported by properly executed payrolls, time records,
19 invoices, vouchers, orders, or any other accounting documents pertaining in whole or in part to this
20 Agreement and they shall be clearly identified and readily accessible. The support documentation must
21 indicate the line budget account number to which the cost is charged.
22 3) COUNTY shall notify SUBRECIPIENT in writing within thirty (30) days of any
23 potential State or Federal audit exception discovered during an examination. Where findings indicate
24 that program requirements are not being met and State or Federal participation in this program may be
25 imperiled in the event that corrections are not accomplished by SUBRECIPIENT within thirty (30) days
26 of receipt of such notice from COUNTY, written notification thereof shall constitute COUNTY'S intent to
27 terminate this Agreement.
28
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1 C. Service Documentation
2 SUBRECIPIENT agree to maintain records to verify services under this Agreement
3 including names and addresses of clients served, if applicable, and the dates of service and a
4 description of services provided on each occasion. These records and any other documents pertaining
5 in whole or in part to this Agreement shall be clearly identified and readily accessible.
6 30. SINGLE AUDIT CLAUSE
7 If SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000) or more
8 in Federal and Federal flow-through monies annually, SUBRECIPIENT agrees to conduct an annual
9 audit in accordance with the requirements of the Single Audit Standards as set forth in Office of
10 Management and Budget (OMB) Title 2 of the Code of Federal Regulations Part 200. SUBRECIPIENT
11 shall submit said audit and management letter to COUNTY. The audit must include a statement of
12 findings or a statement that there were no findings. If there were negative findings, SUBRECIPIENT
13 must include a corrective action signed by an authorized individual. SUBRECIPIENT agrees to take
14 action to correct any material non-compliance or weakness found as a result of such audit. Such audit
15 shall be delivered to COUNTY's DSS, Administration, for review within nine (9) months of the end of any
16 fiscal year in which funds were expended and/or received for the program. Failure to perform the
17 requisite audit functions as required by this Agreement may result in COUNTY performing the necessary
18 audit tasks, or at COUNTY's option, contracting with a public accountant to perform said audit, or, may
19 result in the inability of COUNTY to enter into future agreements with SUBRECIPIENT. All audit costs
20 related to this Agreement are the sole responsibility of SUBRECIPIENT.
21 A. A single audit report is not applicable if all SUBRECIPIENT's Federal contracts do
22 not exceed the Seven Hundred Fifty Thousand Dollars ($750,000) requirement or SUBRECIPIENT's
23 funding is through Drug related Medi-Cal. If a single audit is not applicable, a program audit must be
24 performed and a program audit report with management letter shall be submitted by SUBRECIPIENT to
25 COUNTY as a minimum requirement to attest to SUBRECIPIENT's solvency. Said audit report shall be
26 delivered to COUNTY's DSS, Administration, for review no later than nine (9) months after the close of
27 the fiscal year in which the funds supplied through this Agreement are expended. Failure to comply with
28 this Act may result in COUNTY performing the necessary audit tasks or contracting with a qualified
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1 accountant to perform said audit. All audit costs related to this Agreement are the sole responsibility of
2 SUBRECIPIENT who agrees to take corrective action to eliminate any material noncompliance or
3 weakness found as a result of such audit. Audit work performed by COUNTY under this paragraph shall
4 be billed to the SUBRECIPIENT at COUNTY cost, as determined by COUNTY's Auditor-
5 Controller/Treasurer-Tax Collector.
6 B. SUBRECIPIENT shall make available all records and accounts for inspection by
7 COUNTY, the State of California, if applicable, the Comptroller General of the United States, the Federal
8 Grantor Agency, or any of their duly authorized representatives, at all reasonable times for a period of at
9 least three (3) years following final payment under this Agreement or the closure of all other pending
10 matters, whichever is later.
11 31. AUDITS AND INSPECTIONS
12 The SUBRECIPIENT shall at any time during business hours, and as often as the COUNTY may
13 deem necessary, make available to the COUNTY for examination all of its records and data with respect
14 to the matters covered by this Agreement. The SUBRECIPIENT shall, upon request by the COUNTY,
15 permit the COUNTY to audit and inspect all of such records and data necessary to ensure
16 SUBRECIPIENT'S compliance with the terms of this Agreement.
17 If this Agreement exceeds ten thousand dollars ($10,000.00), SUBRECIPIENT shall be subject
18 to the examination and audit of the Auditor General for a period of three (3) years after final payment
19 under contract (California Government Code Section 8546.7).
20 In addition, SUBRECIPIENT shall cooperate and participate with COUNTY's fiscal review
21 process and comply with all final determinations rendered by the COUNTY's fiscal review process. If
22 COUNTY reaches an adverse decision regarding SUBRECIPIENT's services to consumers, it may
23 result in the disallowance of payment for services rendered; or in additional controls to the delivery of
24 services, or in the termination of this Agreement, at the discretion of COUNTY's DSS Director or
25 designee. If as a result of COUNTY's fiscal review process a disallowance is discovered due to
26 SUBRECIPIENT's deficiency, SUBRECIPIENT shall be financially liable for the amount previously paid
27 by COUNTY to SUBRECIPIENT and this disallowance will be adjusted from SUBRECIPIENT's future
28 payments, at the discretion of COUNTY's DSS Director or designee. In addition, COUNTY shall have
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1 the sole discretion in the determination of fiscal review outcomes, decisions, and actions.
2 32. CHILD SUPPORT COMPLIANCE ACT
3 If this Agreement includes State funding in excess of$100,000, the SUBRECIPIENT
4 acknowledges in accordance with Public Contract Code 7110, that:
5 A. SUBRECIPIENT recognizes the importance of child and family support
6 obligations and shall fully comply with all applicable state and federal laws relating to child and family
7 support enforcement, including, but not limited to, disclosure of information and compliance with
8 earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of
9 Division 9 of the Family Code; and
10 B. SUBRECIPIENT to the best of its knowledge is fully complying with the earnings
11 assignment orders of all employees and is providing the names of all new employees to the New Hire
12 Registry maintained by the California Employment Development Department.
13 33. PRIORITY HIRING CONSIDERATIONS
14 If this Agreement includes State funding and services in excess of$200,000, SUBRECIPIENT
15 shall give priority consideration in filling vacancies in positions funded by the Agreement to qualified
16 recipients of aid under Welfare and Institutions Code Section 11200, in accordance with Public Contract
17 Code Section 10353.
18 34. SUBRECIPIENT'S NAME CHANGE
19 An amendment, assignment, or new agreement is required to change the name of
20 SUBRECIPIENT as listed on this Agreement. Upon receipt of legal documentation of the name change
21 COUNTY will process the agreement. Payment of invoices presented with a new name cannot be paid
22 prior to approval of said agreement.
23 35. CHILD ABUSE REPORTING
24 SUBRECIPIENT shall utilize a procedure acceptable to COUNTY to ensure that all of
25 SUBRECIPIENT'S employees, volunteers, consultants, subcontractor or agents performing services
26 under this Agreement shall report all known or suspected child abuse or neglect to one or more of the
27 agencies set forth in Penal Code Section 11165.9. This procedure shall include having all of
28 SUBRECIPIENTS' employees, volunteers, consultants, subcontractor, or agents performing services
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1 under this Agreement sign a statement that he or she knows of and will comply with the reporting
2 requirements set forth in Penal Code Section 11166. The statement to be utilized by SUBRECIPIENTS
3 is set forth in Exhibit D, attached hereto and by this reference incorporated herein.
4 36. PROPERTY OF COUNTY
5 Any use of COUNTY funds provided under this Agreement, as specified in Exhibit B, for the
6 purchase of computer hardware, software, and printers must be approved by COUNTY prior to
7 purchase and must meet COUNTY specifications. SUBRECIPIENT agrees to take reasonable and
8 prudent steps to ensure the security of any and all said hardware and software provided to it by
9 COUNTY under this Agreement, and to maintain replacement-value insurance coverages on said
10 hardware and software approved by COUNTY.
11 In addition, all purchases of computer hardware made during the life of this Agreement shall be
12 identified as fixed assets with an assigned COUNTY Accounting Inventory Number. These fixed assets
13 shall be retained by COUNTY, as COUNTY property, in the event this Agreement is terminated or upon
14 expiration of this Agreement. The SUBRECIPIENT agrees to participate in an annual inventory of all
15 COUNTY fixed assets and shall be physically present when fixed assets are returned to COUNTY
16 possession at the termination or expiration of this Agreement. SUBRECIPIENT is responsible for
17 returning to COUNTY all COUNTY owned fixed assets upon the expiration or termination of this
18 Agreement.
19 37. PUBLIC INFORMATION
20 SUBRECIPIENT shall disclose COUNTY as a funding source in all public information and
21 program materials developed in support of contracted services.
22 38. NOTICES
23 The persons and their addresses having authority to give and receive notices under this
24 Agreement include the following:
25 COUNTY SUBRECIPIENT
26 County of Fresno Executive Director
Director, Department of Social Services Reading and Beyond
27 205 W. Pontiac Way, Building 2 4670 E. Butler Avenue
28 Clovis, CA. 93612 Fresno, CA. 93727
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1 All notices between the COUNTY and SUBRECIPIENT provided for or permitted under this
2 Agreement must be in writing and delivered either by personal service, by first-class United States mail, or
3 by an overnight commercial courier service. A notice delivered by personal service is effective upon
4 service to the recipient. A notice delivered by first-class United States mail is effective three COUNTY
5 business days after deposit in the United States mail, postage prepaid, addressed to the recipient. A notice
6 delivered by an overnight commercial courier service is effective one COUNTY business day after deposit
7 with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next
8 day delivery, addressed to the recipient. For all claims arising out of or related to this Agreement, nothing in
9 this section establishes, waives, or modifies any claims presentation requirements or procedures provided
10 by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government
11 Code, beginning with section 810).
12 39. CHANGE OF LEADERSHIP/MANAGEMENT
13 In the event of any change in the status of SUBRECIPIENT's leadership or management,
14 SUBRECIPIENT shall provide written notice to COUNTY within thirty (30) days from the date of change.
15 Such notification shall include any new leader or manager's name and address. "Leadership or
16 management" shall include any employee, member, or owner of SUBRECIPIENT who either a) directs
17 individuals providing services pursuant to this Agreement, b) exercises control over the manner in which
18 services are provided, or c) has authority over SUBRECIPIENT's finances.
19 40. ELECTRONIC SIGNATURE
20 The parties agree that this Agreement may be executed by electronic signature as provided in
21 this section. An "electronic signature" means any symbol or process intended by an individual signing
22 this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed
23 version of an original handwritten signature; or (3) an electronically scanned and transmitted (for
24 example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to
25 this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing
26 this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or
27 judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of
28 that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
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1 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
2 beginning with section 1633.1). Each party using a digital signature represents that it has undertaken
3 and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
4 through (5), and agrees that each other party may rely upon that representation. This Agreement is not
5 conditioned upon the parties conducting the transactions under it by electronic means and either party
6 may sign this Agreement with an original handwritten signature.
7 41. GOVERNING LAW
8 Venue for any action arising out of or related to this Agreement shall only be in Fresno County,
9 California. The rights and obligations of the parties and all interpretation and performance of this
10 Agreement shall be governed in all respects by the laws of the State of California.
11 42. DISPUTES
12 In the event of any dispute, claim, question, or disagreement arising from or relating to this
13 agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute,
14 claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good
15 faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to
16 both parties. During this time, the parties will continue meeting their contract responsibilities. If the
17 parties do not reach such solution within a period of 60 days, then the parties may take whatever action
18 is available to them by law.
19 43. SEVERABILITY
20 If anything in this Agreement is found by a court of competent jurisdiction to be unlawful or
21 otherwise unenforceable, the balance of this Agreement remains in effect, and the parties shall make
22 best efforts to replace the unlawful or unenforceable part of this Agreement with lawful and enforceable
23 terms intended to accomplish the parties' original intent.
24 44. ENTIRE AGREEMENT
25 This Agreement constitutes the entire agreement between the SUBRECIPIENT and COUNTY
26 with respect to the subject matter hereof and supersedes all previous Agreement negotiations,
27 proposals, commitments, writings, advertisements, publications, and understanding of any nature
28 whatsoever unless expressly included in this Agreement.
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1 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year
2 first hereinabove writteri.
3 SUBRECIPIENT: COUNTY OF FRESNO
R ING AND BEYOND
4
5 Brian Pacheco, Chairman of the Board of
6 Supervisors of the County of Fresno
Print Name: Luis Santana
7
Title: Executive Director
8 Chairman of the Board, or.
President, or any Vice President
9 ATTEST:
10 Bernice E. Seidel
Cleric of the Board of Supervisors
11 County of Fresno, State of California
I
12
13 Print Name: Lesley Fairbum By:
Deputy
14 Title: Controller* '
15 Secretary (of Corporation), or
any Assistant'Secretary, or
16 Chief Financial Officer, or
any Assistant Treasurer
17
18
Mailing Address:
19 4670 E. Butler Avenue
20 Fresno, CA. 93702 I
Contact: Luis Santana, Executive Director
21 Phone No: (559) 342-8625
22
23
24 FOR ACCOUNTING USE ONLY,
Fund/Subclass: 0001/10000
25 ORG No.: 56107001
26 Account No.: 7870
27
28 MIA:rm
-23-
Exhibit A
Page 1 of 5
SUMMARY OF SERVICES
ORGANIZATION: Reading and Beyond
ADDRESS: 4670 E. Butler Avenue Fresno, CA 93702-4608
CONTACT: Luis Santana, Executive Director
TELEPHONE: (559) 342-8625
SERVICES: CalFresh Employment and Training
CONTRACT PERIOD: April 19, 2022 through September 30, 2022
I. SUMMARY OF SERVICES
Reading and Beyond (RAB) shall provide a CalFresh Employment and Training (CFET)
program for Non-Assistance CalFresh (NACF) recipients. Program components will include
Supervised Job Search, Education, and Retention. Dependent on individual needs, RAB shall
provide additional services to improve employment, including but not limited to, supportive
services, information, and referral services to external partners.
II. TARGET POPULATION
The target population are NACF recipients who reside in Fresno County. Referral to the CFET
program will be dependent on Departmental Eligibility Workers' determination of the client's
ability to participate. The majority of services will be provided in metropolitan (metro) Fresno
with services for rural participants delivered as mutually determined in Reedley.
III. CONTRACTOR's RESPONSIBILITIES
RAB shall provide CFET services to clients referred and enrolled into the program. When a
referral is received, RAB shall review the referral, conduct an intake assessment, and provide
services accordingly. RAB may reverse-refer potential clients to the Department to apply for
CalFresh (CF) benefits, and, if CF benefits are approved, the client may be referred to RAB
for enrollment into the CFET program.
RAB shall ensure all participants enrolled in the CFET program are CalFresh eligible. Eligibility
verification will be completed monthly to ensure participants remain eligible to the program.
RAB will not deny services to any participant sent by the Department that is determined
eligible. RAB will not terminate a participant from the CFET program without first discussing
the reasoning and possible alternatives with the Department.
RAB will ensure that limited English Proficiency (LEP) participants have meaningful, effective
and equal access at every point of contact with program services for threshold languages:
English, Spanish, and Hmong.
Exhibit A
Page 2 of 5
RAB will meet with Department staff as often as needed to exchange pertinent information,
resolve issues, and work together to coordinate services in the best interest of the participant.
Emails shall be responded to within 24 hours.
RAB shall provide the following:
A. Operational Hours
1. Hours of operation are Monday through Friday 8:OOam-5:OOpm.
B. Intake, Assessment and Orientation
1. A Career and Family Navigator (CFN) with RAB will perform a brief intake of all
referrals sent by the Department within five business days, build the case file, and
accept all appropriate referrals.
2. Assessment and Orientation will be conducted on an individual basis by a CFN,
generally this CFN becomes the case manager. Assessment and Orientation includes:
a) Verification of eligibility for CFET
b) Collection of participant data for the case file
c) Review of RAB policies and procedures
d) Test of Adult Basic Education (TABE)
e) O*Net Skills Assessment
f) Barriers to Success Inventory (BESI)
3. RAB will create an Individual Employment Plan (IEP) for participants which includes:
a) Participation in the appropriate CFET component
b) Services to be provided by RAB
c) An opportunity to change the plan at the request of participant
4. RAB will attempt to contact participants that fail to show for their Assessment and/or
Orientation within five business days. Contact, or attempt thereof, will be made twice
per week for two weeks and may be made by one of the following:
a) Phone call
b) Letter
C. Supervised Job Search
1. RAB will assist participants with building skills required to effectively search for and
obtain employment.
2. RAB will assist participants with enhancing soft skills to obtain and maintain
employment.
3. Curriculum in Supervised Job Search (SJS) includes, but is not limited to the following:
a) Basic computer skills
b) Job search strategies
c) Comprehensive interview preparation
d) Mock interviews
e) Common workplace etiquette
f) Career coaching
g) Job opportunities
h) Financial counseling & budget planning
i) Problem solving for transportation issues
j) Social support development
k) Resume & Cover Letter Preparation
Exhibit A
Page 3 of 5
1) Effective job searching techniques
m) Online and handwritten application processes
n) Face-to-face and telephone interview skills
o) Appropriate dress and hygiene
p) Understanding employer expectations
q) Teamwork
r) Effective communication
s) Problem solving
t) Obtaining and retaining employment
4. RAB will guide participants toward available job opportunities and assist with the
application process as needed.
D. Education
1. Participants determined by their CFN to require additional education may be
provided the following as needed:
a) GED/High School Diploma preparation
b) Adult Basic Education
c) Digital literacy and English as a Second Language
d) Enrollment in appropriate certificate or vocational training programs
e) Enrollment in Fresno Regional Workforce Development Board (WDB)
sponsored trainings
2. Approved institutions can be found at California Community Colleges site
(ccco.edu) or California Adult Education site (caladulted.org). Participants
attending an institution not listed may be pre-approved by the Department.
E. Job Retention
1. RAB will provide case management and reimbursement for job related needs for up to
90 days from the date of employment, including but not limited to:
a) Transportation to and from authorized activities
b) Work-related clothing
c) Work-related tools
d) Work licenses such as job training certifications
2. RAB will make weekly contact with participants to discuss status of employment
including job satisfaction and address any possible concerns the participant may have.
3. If termination from the job occurs, RAB will:
a) Meet with participant to discuss the reason for termination and connect any
issues back to the lessons learned in SJS by reviewing the curriculum.
b) Work with participant to ensure job readiness.
c) Connect participant to new job opportunities.
F. Ancillary/Support Reimbursement
RAB is required to provide ancillary/support reimbursement to aid in barrier removal for
participation the CFET program. RAB is responsible for the funding of this component and
County will not reimburse RAB for these expenditures. Allowable reimbursements must
be reasonable and necessary, follow CFET guidelines and be approved by the
Department. These ancillary/support services to participants may include:
0 Transportation in the form of bus tickets, monthly bus passes, or gas vouchers
Exhibit A
Page 4 of 5
• Work clothing and uniforms
• Books and school supplies
• Tuition and other necessary equipment
• Minor Vision correction (such as eye exam, eyeglasses, bifocals, capped at $150 per
participant during the FFY)
• Basic dental work (such as teeth cleaning)
• Minor automobile repairs (capped at $250 per participant during the FFY)
• Test fees
• Union Dues
• Licensing and bonding fees
G. Disengaged Participants
1. RAB will attempt to contact disengaged participants by:
a) Contacting the participant by phone twice per week for two weeks.
b) Send a letter to those not reached by phone.
2. Participants will have 10 days from the final notice to schedule and comply with an in-
office appointment or CFET services will be discontinued.
3. RAB will notify DSS within five business days of a participant becoming disengaged.
H. Referrals
RAB will refer participants, when needed, to external supportive services including but not
limited to mental health services, legal assistance, and family counseling.
I. Reedley Participants
1. RAB will provide the same employment and training services provided in metro Fresno
to rural participants in Reedley. RAB will contact the Department representative in
Reedley to reserve the office space for CFET service delivery.
2. RAB will have access to space to conduct Orientation in the DSS Office located in
Reedley.
3. Services will be provided on a set schedule mutually agreed upon by the Department
and RAB consisting of visits once a month at minimum.
4. Participants will be seen by appointment at the DSS Reedley office.
J. Case Documentation and Reports
RAB will maintain accurate and timely case documentation which includes, but is not
limited to:
1. Job search records
2. Job application, Resume and Cover Letter
3. Employment data entered weekly including:
a) Start date
b) Hours worked per week
c) Pay rate
d) Timesheets/Schedule
5. Component data entered weekly including:
a) Attendance
b) Grade (if applicable to the education component)
c) Completion records
d) Other relevant information pertaining to the component
6. Case narrative including:
Exhibit A
Page 5 of 5
a) Chronological record of individual interviews
b) Counseling sessions
c) Referred Services
d) Other relevant contacts with participants
e) Termination summary indicating the reason for termination from the program,
services provided, and outcomes
f) A completion summary indicating services provided and outcomes
7. Signed and dated IEP
8. Signed and dated Grievance Procedure
RAB will provide participant data reports to the Department on a monthly basis. Requested
data will include, but is not limited to:
1. Number of referrals from the Department
2. Number of participants that accepted and were enrolled into CFET services
3. Number of participants to become employed
4. Number of participants engaged in each component
IV. COUNTY RESPONSIBILITIES
The Department shall be responsible for referring eligible NACF receiving clients to RAB for
assessment and enrollment to the CFET program.
The Department shall meet with RAB monthly, or more often if necessary, to exchange
pertinent information, resolve issues, and work together to coordinate services in the best
interest of the participant.
V. OUTCOMES
RAB shall meet the following performance outcomes:
1. Participant Enrollment: Enroll at least 50% of NACF recipients referred by the
Department into CFET.
2. Participant Employed: At least 50% of all enrolled CFET participants will find gainful
employment working an average of 20 hours or more per week.
3. Educational or Vocational Program Enrollment: 50% of participants will enroll in an
educational or vocational training program.
4. Educational or Vocational Program Completion: Of the enrolled educational or
vocational participants, 80% will complete their program with the accompanying
certificate.
5. Reduction or Termination of CalFresh Benefits: At least 50% of participants will
experience either a reduction of their CIF benefits or termination of benefits due to no
longer meeting income guidelines for eligibility.
Exhibit B
Page 1 of 3
BUDGET SUMMARY
ORGANIZATION: Reading and Beyond
SERVICES: CalFresh Employment and Training
CONTRACT PERIOD: April 19, 2022 through September 30, 2022
CONTRACT AMOUNT: $820,194
BUDGET CATEGORIES ACCOUNT NUMBER AMOUNT
SALARIES & BENEFITS
Salaries 0100 $280,000
Payroll Taxes 0150 $ 24,416
Benefits 0200 $101,365
Salaries & Benefits Subtotal $405,781
SERVICES & SUPPLIES
Insurance 0250 $1,400
Communications 0300 $10,703
Office Expense 0350 $3,539
Office Rental — Facilities 0450 $10,000
Equipment Rental 0400 $
Tuition 0460 $275,000
Transportation — Mileage 0700 $1,533
Program Supplies 0550 $37,675
Indirect Costs * 0850 $74,563
Services & Supplies Subtotal $414,413
TOTAL $820,194
*May only be billed at 10% of actual expenditures
Exhibit B
Page 2 of 3
PERSONNEL AND EMPLOYEE BENEFITS
ORGANIZATION: Reading and Beyond
SERVICES: CalFresh Employment and Training
CONTRACT PERIOD: April 19, 2022 through September 30, 2022
CONTRACT AMOUNT: Not to exceed $820,194
PERSONNEL & SALARIES
Title No. of % of time Total Cost
Persons on Project
Senior Manager 1 .20 $15,000
Program Manager 1 1.0 $45,000
Education Navigator 2 1.0 $40,000
Controller 1 .70 $30,000
Career & Family Navigator 7 1.0 $130,000
Operations Director 1 .20 $20,000
TOTAL COST $280,000
BENEFITS
Employment Benefits & Payroll Taxes Item Total
FICA Payroll Taxes 7.65% $21,420
SDI Payroll Taxes 1.00% $2,800
401 K Employment Benefits 4% $11,200
FUTA Payroll Taxes 0.07% $196
Health Benefits Employment Benefits 22.2% $62,160
PTO Employment Benefits 10% $28,005
Total Benefits/Payroll Taxes $125,781
TOTAL SALARIES & BENEFITS $405,781
Exhibit B
Page 3 of 3
BUDGET DETAIL
ORGANIZATION: Reading and Beyond
SERVICES: CalFresh Employment and Training
CONTRACT PERIOD: April 19, 2022 through September 30, 2022
CONTRACT AMOUNT: Not to exceed $820,194
ACCOUNT CATEGORY & DESCRIPTION TOTAL
NUMBER
INSURANCE $1,400
Workers compensation insurance @ $280,000 X .5%
= $1,400;
COMMUNICATION $10,703
Telephone @ $50 X 11.1 FTE X 5.24 mos.; Internet @
$60 per 11.1 FTE X 5.24 mos.; Social Solutions (case
mgmt. Software) @ $65 per 11.1 FTE X 5.24 mos.;
Cell phone allowance @ $100 per month X 5.24 mos.
OFFICE EXPENSE $3,539
Paper, pens, toner, paperclips, etc. @ $3,539
OFFICE RENTAL $10,000
Office rent to include a prorated share of repairs and
maintenance, depreciation, utilities, etc. Estimated at
$10,000.
TUITION $275,000
Tuition for clients.
TRANSPORTATION $1,533
Mileage @ $.585 per mile X 9 FTE X 500 miles X 5.24
months.
PROGRAM SUPPLIES $37,675
5 Computer monitors for staff @ $215 ea.; 20 hot spot
loaners @ $75 ea.; 20 loaner laptops @ $800 ea.; 20
loaner wireless keyboards @ $130 ea., 5 laptops,
mice and computer bags for staff @ $1500 ea.; 20
loaner tablets @ $450 ea.
OTHER (INDIRECT COSTS) $74,563
May only be billed at 10% of actual expenditures.
TOTAL $414,413
Exhibit C
Page 1 of 2
SELF-DEALING TRANSACTION DISCLOSURE FORM
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).
Exhibit C
Page 2 of 2
(1) Company Board Member Information:
Name: Date:
Job
Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to):
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations
Code 5233 (a):
(5)Authorized Signature
Signature: Date:
Exhibit D
NOTICE OF CHILD ABUSE REPORTING LAW
The undersigned hereby acknowledges that Penal Code section 11166 and the
contractual obligations between County of Fresno (COUNTY)and Reading and Beyond
(PROVIDER)related to provision of emergency shelter care services for COUNTY's
dependent children,requires that the undersigned report all known or suspected child
abuse or neglect to one or more of the agencies set forth in Penal Code(P.C.) section(§)
11165.9.
For purposes of the undersigned's child abuse reporting requirements, "child
abuse or neglect" includes physical injury inflicted by other than accidental means upon a
child by another person, sexual abuse as defined in P.C. §11165.1, neglect as defined in
P.C. §11165.2, willful cruelty or unjustifiable punishment as defined in P.C. §11165.3,
and unlawful corporal punishment or injury as defined in P.C. §11165.4.
A child abuse report shall be made whenever the undersigned, in his or her
professional capacity or within the scope of his or her employment,has knowledge of or
observes a child whom the undersigned knows or reasonably suspects has been the victim
of child abuse or neglect. (P.0 §11166.) The child abuse report shall be made to any
police department or sheriff's department(not including a school district police or
security department), or to any county welfare department, including Fresno County
Department of Social Services' 24 Hour CARELINE. (See PC §11165.9.)
For purposes of child abuse reporting, a"reasonable suspicion"means that it is
objectively reasonable for a person to entertain a suspicion,based upon facts that could
cause a reasonable person in a like position, drawing, when appropriate, on his or her
training and experience, to suspect child abuse or neglect. The pregnancy of a child does
not, in and of itself,constitute a basis for reasonable suspicion of sexual abuse. (P.C.
§11166(a)(1).)
Substantial penalties may be imposed for failure to comply with these child abuse
reporting requirements.
Further information and a copy of the law may be obtained from the department
head or designee.
I have read and understand the above statement and agree to comply with the
child abuse reporting requirements.
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FGATURE DATE
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