HomeMy WebLinkAboutM-22-618 - PD JobWISE MOU.pdf M-22-618
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 PUBLIC
5 DEFENDER, hereinafter referred to as "PD", 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, PD is willing and able to provide legal advice and consultation activities for
17 CaIWORKs participants; and
18 WHEREAS, PD 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 9. SERVICES
22 A. PD agrees to provide all services as specified in this Inter-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, PD 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 h_ttp://cdss.ca.gov/ord/entres/getinfo/pdf/leas.pdf.
2 C. DSS may request additional services from PD, in writing, which are not
3 otherwise provided for in this Inter-Departmental Agreement, which PD, at its sole discretion, may
4 choose to provide. If PD is unable to provide said additional services to DSS when requested, PD
5 shall timely notify DSS. Compensation for any such additional services shall be mutually agreed
6 upon and provided within the scope of this Inter-Departmental Agreement as determined by the
7 Public Defender, or designee, and DSS Director, or designee, unless PD and DSS agree otherwise in
8 writing.
9 2. TERM
10 This Inter-Departmental Agreement shall become effective on July 1, 2022 through
11 June 30, 2023. It may be extended for one (1) additional twelve (12) month period upon the approval
12 of both parties no later than thirty(30) days prior to the first day of the twelve (12) month extension
13 period. The DSS Director, or designee, is authorized to execute such a written approval on behalf of
14 DSS based on the PD's satisfactory performance.
15 3. TERMINATION
16 A. Non-Allocation of Funds-The terms of this Inter-Departmental Agreement, and
17 the services to be provided thereunder, are contingent on the approval of funds by the appropriating
18 government agency. Should sufficient funds not be allocated, the services provided may be modified
19 or this Inter-Departmental Agreement terminated at any time by DSS providing PD thirty (30)days
20 advance written notice.
21 B. Without Cause- Under circumstances other than those set forth above,this
22 Inter-Departmental Agreement may be terminated by either party upon the giving of thirty(30) days
23 advance written notice of an intention to terminate. However, termination of this Inter-Departmental
24 Agreement shall not affect any active cases' service pursuant to this Inter-Departmental Agreement,
25 which shall be handled to their conclusion by PD.
26 4. COMPENSATION
27 PD agrees to receive compensation for actual services provided pursuant to Section
28 One (1) of this Inter-Departmental Agreement and as identified in Exhibit B, "Budget Summary",
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1 attached hereto and by this reference incorporated herein and made part of this Inter-Departmental
2 Agreement. In no event shall the cumulative total of this Inter-Departmental Agreement exceed
3 Seven Hundred Sixty Thousand Six Hundred Fifty-Four and No/00 Dollars ($760,654). For the period
4 of July 1, 2022 through June 30, 2023, in no event shall actual services performed under this Inter-
5 Departmental Agreement be in excess of Three Hundred Seventy-Two Thousand Nine Hundred
6 Ninety-Eight and No/100 Dollars ($372,998). For the period of July 1, 2023 through June 30, 2024, in
7 no event shall actual services performed under this Inter-Departmental Agreement be in excess of
8 Three Hundred Eighty-Seven Thousand Six Hundred Fifty-Six and No/100 Dollars ($387,656). It is
9 understood that all expenses incidental to PD performance of services under this Inter-Departmental
10 Agreement shall be borne by PD, including but not limited to any and all personnel, equipment, and
11 supplies required in the performance of these services.
12 5. JOURNAL VOUCHER REIMBURSEMENT
13 A. PD shall request reimbursement from DSS based on actual expenditures and
14 submit an invoice monthly via email to: dssinvoices@fresnocountyca.gov, by the 201h of the following
15 month for the prior month's expenditures. Prior to submission to DSS, the invoice shall be reviewed,
16 approved, and signed by a PD representative who is authorized to certify actual services were
17 performed and reimbursement requests represent actual costs. Requests for payment shall include
18 supporting programmatic and financial documentation with information including, but not limited to,
19 monthly activity reports, a year-to-date statement and back-up documentation, a summary of charges
20 which PD is seeking reimbursement, and copies of the supporting documentation for the period(s)
21 during which costs were incurred.
22 B. Reimbursement for services rendered under this Inter-Departmental Agreement
23 shall not be made until said invoice and supporting documentation, as identified hereinabove, are
24 received and reviewed by DSS. If the invoice is incorrect or is otherwise not in proper form or
25 substance, DSS shall have the right to withhold payment as to only that portion of the invoice that is
26 incorrect or improper. Payments by DSS shall be in arrears for services provided during the
27 preceding month, within forty-five (45) days after receipt and verification of PD's invoice by DSS.
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1 Upon receipt, verification, and approval of the submitted invoice and requested documentation, DSS
2 shall process said invoice for payment to PD.
3 C. Once the invoice has been approved for payment by DSS, DSS shall prepare an
4 Inter-Department Journal Voucher to reimburse PD for actual expenditures. The Inter-Departmental
5 Journal Vouchers shall be subject to County, State, and Federal audits.
6 D. All costs shall be supported by properly executed payrolls,time records,
7 invoices, vouchers, orders or other accounting documents pertaining in whole or in part to this Inter-
8 Departmental Agreement and shall be clearly identified and readily accessible. The support
9 documentation must indicate the line item budget account to which the cost is charged, if applicable.
10 6. MODIFICATION
11 Any matters of this Inter-Departmental Agreement may be modified from time to time by
12 the written consent of all the parties without, in any way, affecting the remainder.
13 7. NON-ASSIGNMENT
14 Neither party shall assign, transfer, or subcontract this Inter-Departmental Agreement
15 nor their rights or duties under this Inter-Departmental Agreement without the prior written consent of
16 the other party.
17 8. CONFIDENTIALITY AND SECURITY
18 All services performed by CONTRACTOR under this Agreement shall be in strict
19 conformance with all applicable Federal, State of California, and/or local laws and regulations relating
20 to confidentiality. CONTRACTOR shall require its employees, agents, officers, and subcontractors to
21 comply with the provisions of Sections 10850 and 14100.2 of the Welfare and Institutions Code, as
22 well as the California Department of Social Services (CDSS) Manual of Policies and Procedures,
23 Division 19-0000 and the California Department of Health Care Services (DHCS) Medi-Cal Eligibility
24 Procedures Manual, Section 2H. These Code sections provide that:
25 A. All applications and records concerning any individual made or kept by any
26 public officer or agency in connection with the administration of any provision of the Welfare and
27 Institutions Code relating to Medicaid or any form of public social services for which grants-in-aid are
28 received by the State of California from the United States government shall be confidential, and shall
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1 not be open to examination for any purpose not directly connected with the administration of such
2 public social services.
3 B. No person shall publish, disclose, or use or permit or cause to be published or
4 disclosed any list of persons receiving public social services, except as is provided by law.
5 C. No person shall publish, disclose, or use or permit or cause to be published or
6 disclosed any confidential information pertaining to an applicant or recipient, except as is provided by
7 laws.
8 CONTRACTOR shall inform all of its employees, agents, officers, and subcontractors of
9 the above provisions and that any person knowingly and intentionally violating such provisions is
10 guilty of a misdemeanor.
11 In addition, CONTRACTOR, its employees, agents, and officers shall comply, and
12 require all of its subcontractors to comply, with (1)the DHCS Medi-Cal Privacy and Security
13 Agreement between the California DHCS and the County of Fresno that is then in effect, and(2)the
14 Privacy and Security Agreement between the CDSS and the County of Fresno that is then in effect,
15 both of which together shall be referred to as"the Agreements" and are incorporated herein by this
16 reference. The current versions of both the DHCS and CDSS Privacy and Security agreements are
17 available upon request or can be viewed at: http://www.co.fresno.ca.us/MediCalPrivacy/.
18 CONTRACTOR shall insure that all personally identifiable information (PII), as defined in the
19 Agreements, concerning program recipients shall be kept confidential and shall not be opened to
20 examination, publicized, disclosed, or used for any purpose not directly connected with the
21 administration of the program. CONTRACTOR shall use appropriate administrative, physical, and
22 technical safeguards to protect PII, as set forth in the Agreements. Upon discovery of a breach,
23 security incident, intrusion, or unauthorized access, use, or disclosure of PII, CONTRACTOR shall
24 immediately report the incident to the COUNTY by calling (559) 600-2300 or E-mailing at
25 dssprivacyincident@fresnocountyca.gov. CONTRACTOR shall certify that all employees,agents,
26 officers, and subcontractors have received privacy and security training before accessing any PH and
27 have received refresher training annually, as required by the Agreements.
28 Ill
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1 9. RECORDS
2 PD shall assume responsibility for maintaining detailed records to support its invoices to
3 DSS for services provided under this Inter-Departmental Agreement. PD shall provide DSS with
4 access to said records for audit purposes. Furthermore, PD shall retain said records for a minimum of
5 five (5) years following the expiration of this Inter-Departmental Agreement. In the event of any
6 outstanding State of California or Federal audits or exceptions, PD agrees to retain its records until
7 such audits and exceptions are finalized.
8 10. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
9 PD, its officers, consultants, subcontractors, agents, and employees shall comply with
10 all applicable State, Federal, and local laws and regulations governing projects that utilize Federal
11 Funds.
12 11. NON-DISCRIMINATION
13 During the performance of this Inter-Departmental Agreement, PD shall not unlawfully
14 discriminate against any employee or applicant for employment, or recipient of services, because of
15 race, religion, color, national origin, ancestry, physical disability, medical condition, marital status,
16 age, or gender, pursuant to all applicable State of California and Federal statutes and regulations.
17 12. RELATIONSHIP OF PARTIES
18 It is understood that this is an Inter-Departmental Agreement by and between two(2)
19 separate departments of the County of Fresno and is not intended to and shall not be construed to
20 create a relationship of agent, servant, employee, partnership,joint venture, or association.
21 13. ENTIRE AGREEMENT
22 This Agreement, including all Exhibits, constitutes the entire Inter-Departmental
23 Agreement between DSS and PD with respect to the subject matter hereof and supersedes all
24 previous agreements, negotiations, proposals, commitments,writings, advertisements, publications,
25 and understandings of any nature whatsoever unless expressly included in this Inter-Departmental
26 Agreement.
27 /U
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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
DEPARTMENT OF SOCIAL SERVICES PUBLIC DFFfNDER
6 --
7 By,. L By.
8 SaNa K. Bugay, Director t +eet iliac P ender
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19 Fund/Subclass: 0001/10000
20 Organization: 56107001
Account/Program: 7295/0
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Exhibit A
Page 1 of 3
Summary of Services
ORGANIZATION: County of Fresno Public Defender
ADDRESS: 2135 Fresno St, Ste 100, 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 Department of Social Services (DSS), Public Defender
(PD), 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's screening process, participants undergo a criminal, legal,
and licensing check. In an effort to reduce participant barriers, PD consults with JobWISE
clients about court cases, assists with placing cases on the court calendar, assists with plea
modifications, and performs background checks.
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. PD AGREES TO PROVIDE THE FOLLOWING SERVICES:
A. Provide one Defense Attorney, one Paralegal, and one Legal Assistant to assist with the
JobWISE program. PD shall contact the DSS contract analyst in the event that there is
a change in personnel, of the assigned PD staff, or a vacancy. Please note that DSS will
not provide reimbursement for vacant positions. In the case of a leave of absence of the
assigned PD staff, PD will assign temporary PD staff to the JobWISE program to provide
all services outlines in this MOU.
B. Accept all appropriate JobWISE participant referrals made by DSS staff.
C. Present information regarding PD services during the first two weeks of each JobWISE
workshop, including classes in rural locations.
D. Perform background checks on all enrolled JobWISE participants listed on the roster
provided by DSS Staff.
E. Interview all enrolled JobWISE participants. This will consist of at minimum 4 contact
attempts. For participants attending in person that cannot be reached, PD will attempt to
contact them at least once in person at the AWCA JobWISE site. PD shall maintain all
records of contact attempts.
F. Interview enrolled JobWISE participants about court cases and provide consultations
and advice regarding each case. These services will be provided at various locations
throughout Fresno County as designated by DSS.
Exhibit A
Page 2 of 3
G. Prepare files for each enrolled JobWISE participant to include all eligible cases for each
participant that will be presented in JobWISE Court.
H. If applicable, provide assistance with filing a Petition or Application for Prop 47 and Prop
64 relief for enrolled JobWISE participants deemed eligible, pursuant to statute.
I. Provide ongoing personal consultations and represent enrolled JobWISE participants on
suitable cases for JobWISE and/or Expungement Court. This includes advocating for
participants on legal matters as the case progresses until its conclusion.
J. Prepare cases for plea modifications on behalf of the JobWISE clients.
K. Provide services in-office at the JobWISE site for the first week of each track, which
occur every 2 weeks, and for any other additional days as needed and mutually agreed
upon by DCSS and DSS.
L. PD will provide legal assistance pertaining to expungement services and petitioning for
reduced penalties to all eligible enrolled JobWISE participants. Eligible participants are
those who do not have any active felonies and/or no-bail misdemeanor warrants. This
will include assistance with paperwork, process service, and court filing assistance.
M. 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.
N. Meet with DSS staff, JobWISE staff, and JobWISE County partners as often as needed
to exchange information, resolve problems, and coordinate services.
O. Provide all requested JobWISE information in a timely and accurate manner (Invoices,
Activity Reports, and other information) as required by DSS.
P. Provide annual Civil Rights (CR) training to PD staff during the first quarter of every
calendar year. PD will acknowledge completion of this training by signing and returning
the provided CR training packet to DSS by April 1 for each contract year.
Q. Provide annual Privacy and Security (PS) training to PD staff during the first quarter of
every calendar year. PD will acknowledge completion of this training by signing and
returning the provided Privacy and Security training packet to DSS by April 1 for each
contract year.
fl. 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, PD for services.
C. DSS staff shall provide rosters of JobWISE participants to PD.
D. DSS staff shall ensure that PD is provided with all relevant information on each referred
participant.
Exhibit A
Page 3 of 3
E. DSS staff shall meet with PD, JobWISE staff, and JobWISE County partners as often as
needed to exchange pertinent information, resolve problems, and coordinate services.
F. DSS will 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 least 85% of enrolled JobWISE participants who have traffic violations will receive
assistance with the resolution of their traffic violations.
B. At least 80% of enrolled and qualifying JobWISE participants will receive assistance with
petitioning for reduced penalties or expungement services, contingent on cooperation
with PD outreach efforts.
Exhibit B
Page 1 of 2
Fresno County Public Defender
JobWISE Program
Budget Summary for FY 2022-23
JCN POSITION FTE SALARY BENEFITS TOTAL
SALARIES &
BENEFITS
1243 Defense Attorney IV 1.0 133,544 85,271 218,815
1202 Paralegalll 0.5 27,794 20,159 47,953
1262 Legal Assistant II 0.5 20,813 20,097 40,910
Subtotal Salaries & Benefits 307,678
Indirect Cost (21.23% of S&B Budgeted) 65,320
Total Costs 372,998
Exhibit B
Page 2 of 2
Fresno County Public Defender
JobWISE Program
Budget Summary for FY 2023-24
JCN POSITION FTE SALARY BENEFITS TOTAL
SALARIES &
BENEFITS
1243 Defense Attorney IV 1.0 137,550 87,829 225,379
1204 Paralegalll 0.5 28,627 20,763 49,390
1261 Legal Assistant II 0.5 22,894 22,106 45,000
Subtotal Salaries & Benefits 319,769
Indirect Cost(21.23% of S&B Budgeted) 67,887
Total costs 387,656