HomeMy WebLinkAboutM-22-617 - DA JobWise MOU.pdf M-22-617
1 INTER-DEPARTMENTAL AGREEMENT
2 THIS INTER-DEPARTMENTAL AGREEMENT is made and entered into this
3 day of , 2022, by and between the COUNTY OF FRESNO DEPARTMENT OF
4 SOCIAL. SERVICES, hereinafter referred to as "DSS" and the COUNTY OF FRESNO DISTRICT
5 ATTORNEY, hereinafter referred to as "DA", both separate departments of the COUNTY OF
6 FRESNO.
7 WITNESSETH:
8 WHEREAS, pursuant to the California Work Opportunity and Responsibility to Kids Act
9 (hereinafter referred to as CalWORKs) Division 9, Part 3, Chapter 2, Section 11320 et seq., DSS is
10 mandated to deliver a time-limited structural sequence of employment related activities and
11 supportive services that are designed to maximize unsubsidized employment opportunities to able-
12 bodied, non-exempt CalWORKs public assistance applicants and recipients; and
13 WHEREAS, DSS has developed and submitted to the State of California, a Welfare-To-Work
14 County Plan meeting the requirements of the Welfare and Institutions Code section 10531 to deliver
15 employment and training services to public assistance recipients; and
16 WHEREAS, DA is willing and able to provide assistance with current legal issues for
17 CalWORKs participants; and
18 WHEREAS, DA has personnel skilled in the provision of such services.
19 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties
20 hereto agree as follows:
21 1. SERVICES
22 A. DA agrees to provide all services as specified in this Enter-Departmental
23 Agreement and as set forth in Exhibit A, "Summary of Services", attached hereto and by this
24 reference incorporated herein and made part of this Inter-Departmental Agreement.
25 B. Additionally, DA shall provide all services in accordance with the State of
26 California's Social Services Manual of Policies and Procedures, Eligibility and Assistance Standards,
27 incorporated herein by this reference. The State of California's Social Services Manual of Policies
28 and Procedures, Eligibility and Assistance Standards can be viewed at
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1 http://cdss.ca.gov/ord/entres/getinfo/pdf/1eas.pdf.
2 B. DSS may request additional services from DA, which are not otherwise provided
3 for in this Inter-Departmental Agreement, which DA, at its sole discretion, may choose to provide. If
4 DA is unable to provide said additional services to DSS when requested, DA shall immediately notify
5 DSS. Compensation for any such additional services shall be mutually agreed upon and provided
6 within the scope of this Inter-Departmental Agreement as determined by the DA, or designee, and
7 DSS Director, or designee, unless DA and DSS agree otherwise in writing.
8 2. TERM
9 This Inter-Departmental Agreement shall become effective on July 1, 2022 through
10 June 30, 2023. It may be extended for one (1) additional twelve (12) month period upon the approval
11 of both parties no later than thirty (30) days prior to the first day of the twelve (12) month extension
12 period. The DSS Director, or designee, is authorized to execute such a written approval on behalf of
13 DSS based on the DA's satisfactory performance.
14 3. TERMINATION
15 A. Non-Allocation of Funds -The terms of this Inter-Departmental Agreement,and
16 the services to be provided thereunder, are contingent on the approval of funds by the appropriating
17 government agency. Should sufficient funds not be allocated, the services provided may be modified
18 or this Inter-Departmental Agreement terminated at any time by DSS providing DA thirty (30) days
19 advance written notice.
20 B. Without Cause- Under circumstances other than those set forth above, this
21 Inter-Departmental Agreement may be terminated by either party upon the giving of thirty (30) days
22 advance written notice.,of an intention to terminate. However, termination of this Inter-Departmental
23 Agreement shall not affect any active cases' services pursuant to this Inter-Departmental Agreement,
24 which shall be handled to their conclusion by DA.
25 4. COMPENSATION
26 DA agrees to receive compensation for actual services provided pursuant to Section
27 One (1) of this Inter-Departmental Agreement and as identified in Exhibit B, "Budget Summary",
28 attached hereto and by this reference incorporated herein and made part of this Inter-Departmental
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1 Agreement. In no event shall the cumulative total of this Inter-Departmental Agreement exceed Two
2 Hundred Eighty-Five Thousand Nine Hundred Ninety-Nine and No/00 Dollars ($285,999). For the
3 period of July 1, 2022 through June 30, 2023, in no event shall actual services performed under this
4 Inter-Departmental Agreement be in excess of One Hundred Thirty-Seven Thousand Nine Hundred
5 Thirty-Nine and No/00 Dollars ($137,939). For the period of July 1, 2023 through June 30, 2024, in no
6 event shall actual services performed under this Inter-Departmental Agreement be in excess of One
7 Hundred Forty-Eight Thousand Sixty and No/100 Dollars ($148,060). It is understood that all
8 expenses incidental to DA performance of services under this Inter-Departmental Agreement shall be
9 borne by DA, including but not limited to any and all personnel, equipment, and supplies required in
10 the performance of these services.
11 5. JOURNAL VOUCHER REIMBURSEMENT
12 A. DA shall request reimbursement from DSS based on actual expenditures and
13 submit an invoice quarterly via email to: dssinvoices@fresnocountyca.gov by the 1011 of the following
14 month for the prior quarter's expenditures. Prior to submission to DSS, the invoice shall be reviewed,
15 approved, and signed by a DA representative who is authorized to certify actual services were
16 performed and reimbursement requests represent actual costs. Requests for payment shall include
17 supporting programmatic and financial documentation with information including, but not limited to,
18 quarterly activity reports, a year-to-date statement and back-up documentation, a summary of
19 charges which DA is seeking reimbursement, and copies of the supporting documentation for the
20 period(s) during which costs were incurred.
21 B. Reimbursement for services rendered under this Inter-Departmental Agreement
22 shall not be made until said invoice and supporting documentation, as identified hereinabove, are
23 received and reviewed by DSS. If the invoice is incorrect or is otherwise not in proper form or
24 substance, DSS shall have the right to withhold payment as to only that portion of the invoice that is
25 incorrect or improper. Payments by DSS shall be in arrears for services provided during the
26 preceding quarter, within forty-five (45) days after receipt and verification of DA's invoice by DSS.
27 Upon receipt, verification, and approval of the submitted invoice and requested documentation, DSS
28 shall process said invoice for payment to DA.
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1 C. Once the invoice has been approved for payment by DSS, DSS shall prepare an
2 Inter-Department Journal Voucher to reimburse DA for actual expenditures. The Inter-Departmental
3 Journal Vouchers shall be subject to County, State, and Federal audits.
4 D. All costs shall be supported by properly executed payrolls, time records,
5 invoices, vouchers, orders or other accounting documents pertaining in whole or in part to this Inter-
6 Departmental Agreement and shall be clearly identified and readily accessible. The support
7 documentation must indicate the line item budget account to which the cost is charged, if applicable.
8 6. MODIFICATION
9 Any matters of this Inter-Departmental Agreement may be modified from time to time by
10 the written consent of all the parties without, in any way, affecting the remainder.
11 7. NON-ASSIGNMENT
12 Neither party shall assign, transfer or subcontract this Inter-Departmental Agreement
13 nor their rights or duties under this Inter-Departmental Agreement without the prior written consent of
14 the other party.
15 8. CONFIDENTIALITY AND SECURITY
16 All services performed by CONTRACTOR under this Agreement shall be in strict
17 conformance with all applicable Federal, State of California, and/or local laws and regulations relating
18 to confidentiality. CONTRACTOR shall require its employees, agents, officers, and subcontractors to
19 comply with the provisions of Sections 10850 and 14100.2 of the Welfare and Institutions Code,as
20 well as the California Department of Social Services (CDSS) Manual of Policies and Procedures,
21 Division 19-0000 and the California Department of Health Care Services (DHCS) Medi-Cal Eligibility
22 Procedures Manual, Section 2H. These Code sections provide that:
23 A. All applications and records concerning any individual made or kept by any
24 public officer or agency in connection with the administration of any provision of the Welfare and
25 Institutions Code relating to Medicaid or any form of public social services for which grants-in-aid are
26 received by the State of California from the United States government shall be confidential, and shall
27 not be open to examination for any purpose not directly connected with the administration of such
28 public social services.
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1 B. No person shall publish, disclose, or use or permit or cause to be published or
2 disclosed any list of persons receiving public social services, except as is provided by law.
3 C. No person shall publish, disclose, or use or permit or cause to be published or
4 disclosed any confidential information pertaining to an applicant or recipient, except as is provided by
5 laws.
6 CONTRACTOR shall inform all of its employees, agents, officers, and subcontractors of
7 the above provisions and that any person knowingly and intentionally violating such provisions is
8 guilty of a misdemeanor.
9 In addition, CONTRACTOR, its employees, agents, and officers shall comply, and
10 require all of its subcontractors to comply, with (1) the DHCS Medi-Cal Privacy and Security
11 Agreement between the California DHCS and the County of Fresno that is then in effect, and (2)the
12 Privacy and Security Agreement between the CDSS and the County of Fresno that is then in effect,
13 both of which together shall be referred to as "the Agreements" and are incorporated herein by this
14 reference. The current versions of both the DHCS and CDSS Privacy and Security agreements are
15 available upon request or can be viewed at: http://www.co.fresno.ca.us/MediCalPrivacy/.
16 CONTRACTOR shall insure that all personally identifiable information (PII), as defined in the
17 Agreements, concerning program recipients shall be kept confidential and shall not be opened to
18 examination, publicized, disclosed, or used for any purpose not directly connected with the
19 administration of the program. CONTRACTOR shall use appropriate administrative, physical, and
20 technical safeguards to protect PII, as set forth in the Agreements. Upon discovery of a breach,
21 security incident, intrusion, or unauthorized access, use, or disclosure of PII, CONTRACTOR shall
22 immediately report the incident to the COUNTY by calling (559) 600-2300 or E-mailing at
23 dssprivacyincident@fresnocountyca.gov. CONTRACTOR shall certify that all employees, agents,
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24 officers, and subcontractors have received privacy and security training before accessing any PH and
25 have received refresher training annually, as required by the Agreements.
26 9. RECORDS
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27 DA shall assume responsibility for maintaining detailed records to support its invoices to
28 DSS for services provided under this Inter-Departmental Agreement. DA shall provide DSS with
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1 access to said records for audit purposes. Furthermore, DA shall retain said records for a minimum of
2 five (5) years following the expiration of this Inter-Departmental Agreement. In the event of any
3 outstanding State of California or Federal audits or exceptions, DA agrees to retain its records until
4 such audits and exceptions are finalized.
5 10. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
6 DA, its officers, consultants, subcontractors, agents, and employees shall comply with
7 all applicable State, Federal, and local laws and regulations governing projects that utilize Federal
8 Funds.
9 11. NON-DISCRIMINATION
10 During the performance of this Inter-Departmental Agreement, DA shall not unlawfully
11 discriminate against any employee or applicant for employment, or recipient of services, because of
12 race, religion, color, national origin, ancestry, physical disability, medical condition, marital status,
13 age, or gender, pursuant to all applicable State of California and Federal statutes and regulations.
14 12. RELATIONSHIP OF PARTIES
15 It is understood that this is an Inter-Departmental Agreement by and between two (2)
16 separate departments of the County of Fresno and is not intended to and shall not be construed to
17 create a relationship of agent, servant, employee, partnership,joint venture or association.
18 13. ENTIRE AGREEMENT
19 This Agreement, including all Exhibits, constitutes the entire Inter-Departmental
20 Agreement between DSS and DA with respect to the subject matter hereof and supersedes all
21 previous agreements, negotiations, proposals, commitments, writings, advertisements, publications,
22 and understandings of any nature whatsoever unless expressly included in this Inter-Departmental
23 Agreement.
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1 IN WITNESS WHEREOF, the parties hereto have caused this Inter-Departmental Agreement
2 to be executed by their signatures below.
3
4 ATTEST:
5 COUNTY OF FRESNO COUNTY OF FRESNO
DEPART�1(IENT F SOCIAL SERVICES DISTRICT ATTO NEY
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BY: v�
8 Sarija KtElugay, Director Lisp A. Smittcam, , fflstrict A orney
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19 Fund/Subclass: 0001/10000
20 Organization: 56107001
Account/Program: 7295/0
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_7_ COUNTY OF FRESNO
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Exhibit A
Page 1 of 2
Summary of Services
ORGANIZATION: Fresno County District Attorney
ADDRESS: 2220 Tulare Street Suite 1000, Fresno, CA 93721
SERVICES: JobWISE Job Ready Services
CONTRACT PERIOD: July 1, 2022—June 30, 2023
July 1, 2023—June 30, 2024
SUMMARY OF SERVICES:
The Job Work Inspires Self-Empowerment (JobWISE) Job Ready program is a collaborative
effort between the County of Fresno Departments of Social Services (DSS), District Attorney
(DA), other government agencies, and community-based organizations to provide
comprehensive employment services including assistance with licensing, legal, and financial
issues.
As part of the JobWISE program, participants will undergo a criminal and legal background
check, as well as a driving record screening process. In an effort to reduce participant barriers,
DA will assist with resolving legal holds on client drivers' licenses and will develop strategies in
partnership with the County of Fresno Public Defender(PD) to resolve legal barriers.
TARGET POPULATION:
Services will be restricted to all post-assessed CalWORKs recipients who do not have active
felonies and/or no-bail misdemeanor warrants, as referred by DSS.
I. DA AGREES TO PROVIDE THE FOLLOWING SERVICES:
A. Provide one 0.5 FTE Deputy District Attorney to support the JobWISE Program. The
District Attorney's Office will notify the DSS contract analyst if there is a change in
personnel of the assigned Deputy District Attorney or a vacancy. Please note that DSS
will not provide reimbursement for a vacant position. In the case of a leave of absence of
the assigned Deputy District Attorney, DA will assign a temporary Deputy District
Attorney to the JobWISE program to provide all services outlined in this
Interdepartmental Agreement.
B. Accept referrals for the JobWISE program from only DSS.
C. Present information regarding DA's services during the first two weeks of each JobWISE
workshop.
D. Assist the PD by helping to complete legal and background checks for all enrolled
JobWISE participants, and by placing cases on the JobWISE Traffic Court calendar.
E. Work with the PD to resolve driver's license holds and current legal issues for enrolled
JobWISE participants.
F. Research and review case records in conjunction with the PD to develop a plan that will
resolve enrolled JobWISE participants' current legal issues.
G. Communicate with the PD on all resolution strategies.
Exhibit A
Page 2 of 2
H. Attend all JobWISE client court dates.
I. DA will perform background checks on all enrolled JobWISE participants to inform
JobWISE Traffic Court cases and develop strategies in partnership with the PD to
resolve legal barriers.
J. Participate with JobWISE County partners in two program meetings, scheduled in
advance, for each workshop track as part of a multidisciplinary team. The purpose is to
develop a consolidated and efficient system to share and provide needed services for
each enrolled JobWISE participant.
K. Meet jointly with DSS staff, JobWISE staff, and JobWISE County partners as often as
needed to exchange pertinent information, resolve problems, and work together to
effectively coordinate services.
L. Provide all requested JobWISE information in a timely and accurate manner (Invoices,
Activity Reports, and other information) as required by DSS.
M. Comply with Civil Rights (CR) and Privacy and Security (PS) trainings provided by DSS.
DA will acknowledge completion of these trainings by signing and returning the provided
training packets to DSS by April 1 for each contract year.
II. DSS SHALL BE RESPONSIBLE FOR THE FOLLOWING:
A. DSS will provide annual CR and PS training to DA staff during the first quarter of every
calendar year.
B. DSS Job Specialists shall be responsible for referring appropriate participants to the
JobWISE program, and subsequently, DA for services.
C. DSS staff shall ensure that DA is provided with all relevant information on each referred
participant.
D. DSS staff shall meet with DA, JobWISE staff, and JobWISE County partners as often as
needed to exchange pertinent information, resolve problems, and coordinate services.
E. Make final decisions regarding a client's eligibility for the JobWISE program, including
termination of services. This includes newly enrolled participants and those being re-
enrolled.
III. Required Outcomes
A. At the PD's recommendation in JobWISE Traffic Court, DA will agree to a reduction in
penalties of at least 50% of enrolled JobWISE participants who have traffic violations.
Exhibit B
Page 1 of 2
Fresno County District Attorney
JobWISE Program
BUDGET SUMMARY FOR FY 2022-2023
Acct. 6100 Deputy District Attorney IV (0.5 FTE) $73,426
Acct. 6350 Unemployment Insurance 55
Acct. 6400 Retirement Contribution 45,510
Acct. 6500 OASDI Contribution 5,492
Acct. 6550 Workers Comp Contribution 690
Acct. 6600 Health Insurance 5,325
Acct. 6670 Benefit Admin 98
Subtotal $130,596
Indirect Cost $7,343
Total Costs $137,939
Exhibit B
Page 2 of 2
Fresno County District Attorney
JOBWISE Program
BUDGET SUMMARY FOR FY 2023-2024
Acct. 6100 Deputy District Attorney IV (0.5 FTE) $79,196
Acct. 6350 Unemployment Insurance 59
Acct. 6400 Retirement Contribution 49,085
Acct. 6500 OASDI Contribution 5,575
Acct. 6550 Workers Comp Contribution 744
Acct. 6600 Health Insurance 5,375
Acct. 6670 Benefit Admin 106
Subtotal $140,140
Indirect Cost $7,920
Total Cost $148,060