HomeMy WebLinkAboutAgreement A-20-466 with FRWDB.pdf DocuSign Envelope ID:BF485A51-131350-421D-A80A-D76513CA71`293
Agreement No. 20-466
Special Services Agreement
Parties
FRWDB: Fresno Regional Workforce Development Board
Service Provider: County of Fresno
Administrative Information
Agreement No. 634 MOD # Effective From Nov 17, 2020 to June 30, 2021
Title/Program Clean Slate Program CFDA#: 17.258/17.259
Contact Person Cheri Yau Telephone 559-600-1543 Fax 559-600-1570
Address 2220 Tulare Street, Suite 300, Fresno, CA Zip 93721
Email cyau@co.fresno.ca.us
Employer Identification Number 94-6000512
Internal Revenue Code
Funding Allocation
Adult/Dislocated Worker Youth Total
Program $30,000 $15,000 $45,000
Total (Maximum Funding Level) $30,000 $15,000 $45,000
Therefore, in consideration of the above Administrative Information and Funding Allocation, which are
incorporated into this Agreement by reference, the Parties agree as follows:
1. Exhibits
The following exhibits attached as indicated, incorporated by reference, and are subject to all of the
terms and conditions of this Agreement:
(1) Exhibit A—Work Statement
(2) Exhibit B — Cost Projection/Budget/Invoicing
(3) Exhibit C —WIOA Assurances and Certifications
Standard of Conduct
(4) Exhibit D — Part 200 Appendix II
Buy American Requirements
Insurance Requirements
(5) Exhibit E —Supporting Documentation
Insurance Certificates
Signatory Authorization
2. Term
The term of this Agreement (the "Term") may not exceed the period stated on page 1 unless modified
or extended in writing by FRWDB.
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3. Services
Service Provider must timely perform the services described in the Work Statement (Exhibit A) (the
"Services"), in accordance with this Agreement. Service Provider, its employees, Service Providers,
and assigns, agree to avoid unnecessary and duplicative efforts in performing the Services.
4. Compensation
4.1 FRWDB will compensate Service Provider for the Services at a rate and method of compensation
that complies with the Budget and Cost Projection sheet (Exhibit B). FRWDB is not obligated to
compensate Service Provider for any services not described in this Agreement without the prior
written consent of FRWDB. Furthermore, FRWDB is not obligated to compensate Service
Provider for any work, services, or functions relating to Service Provider's efforts to obtain
FRWDB's business or for negotiating with FRWDB to enter into this Agreement.
4.2 FRWDB will compensate Service Provider for any Services provided only after submission of an
itemized invoice by Service Provider to FRWDB's Director. Service Provider must provide
FRWDB with all documentation, explanations, or justifications requested by FRWDB concerning
the adequacy or accuracy of its invoices for the performance of the Services to FRWDB's
reasonable satisfaction.
4.3 FRWDB agrees to pay and Service Provider agrees to accept as full compensation for
performance of tasks under this Agreement a sum not to exceed $45,000 as more fully described
in Exhibits A and B.
4.4 Any costs not contained in the Budget and Cost Projection Sheet (Exhibit B) associated with the
performance of these services shall be borne by the Service Provider irrespective of whether or
not such tasks were performed to the benefit of FRWDB or expenses incurred by the Service
Provider or its employees, agents, or Service Providers.
4.5 In no event shall the maximum compensation including, but not limited to, fees, reimbursement,
costs, and expenses, paid to the Service Provider under this agreement exceed $45,000 without
the prior written consent of FRWDB.
4.6 Service Provider must make any requests for an advance payment in writing, with a confirmation
of FRWDB's receipt. This request must describe Service Provider's immediate need for the
advance. If approved, FRWDB will provide the advanced payment to Service Provider within 10
business days from the date of approval. FRWDB will deduct the advanced payment from
Service Provider's next invoice payment. Service Provider must not commingle any advanced
payment with any other funds and must deposit the advance payment in a separate bank account.
Within 3 business days of FRWDB's request, Service Provider must provide documentation that it
spent the advance payment in providing services under this Agreement
5. Record Keeping
Service Provider must submit all invoices no later than the 5th day of the month following the month
Services were completed. All invoices must have sufficient detail as may be required by FRWDB in its
sole discretion, including, but not limited to, (i) the specific nature of each task performed as services
under this Agreement and (ii) the number of hours worked by each person for each task. Service
Provider must prepare all invoices in an organized manner that facilitates an efficient and thorough
review of the Services it performs under this Agreement. Service Provider must give FRWDB, or its
duly authorized representatives, reasonable access to any and all records in Service Provider's
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possession, and its employees, agents, and Service Providers. Service Provider is subject to the
examination and audit of all records directly or indirectly related to Service Provider's the Services by
FRWDB, the City or County of Fresno, the State of California, or the federal government for a period of
up to 5 years after the final payment under this Agreement. FRWDB reserves the right to invoice
Service Provider for all expenses, including but not limited to, staff time, consulting fees, and copying
costs, directly or indirectly attributable to FRWDB's, or its agents, examination of records related to
Service Provider's performance of the Services.
6. Administration
FRWDB may delegate certain responsibilities to the Fresno Area Workforce Investment Corporation
("FAWIC")from time to time, as FRWDB considers appropriate in its sole discretion. Contractor
acknowledges that FAWIC may oversee certain aspects of this Agreement. Contractor must comply
with all requests by FAWIC, including, but not limiting to, any requests to communicate or provide
records to FAWIC. Contractor must treat all requests made by FAWIC as if made by FRWDB and
acknowledges that FRWDB may vest in FAWIC any of its authority under this agreement.
7. Non-Discrimination Clause
During the performance of this Agreement, both Parties must comply with applicable federal and state
laws and regulations. Accordingly, neither Party may, because of ethnic group identification, age, sex,
color, disability, medical condition, national origin, race, ancestry, marital status, sexual orientation,
religion, religious creed, or political belief exclude from participation, deny benefits to, or discriminate
against any person benefiting from this Agreement.
8. Defense, Indemnity, and Hold Harmless
8.1. Service Provider. Service Provider must defend, indemnify, and hold harmless Fresno Regional
Workforce Development Board "FRWDB", the City and County of Fresno, and their directors,
officers, boards, commissions, employees, volunteers, agents, and independent Service
Providers, from and against all losses, costs, expenses, demands, damages, penalties, liabilities,
interests, recoveries, claims, and judgments, including, without limitation, attorneys' fees and
costs, to defend against any claims, demands, causes of action, suits, charges, or legal or
administrative proceedings, caused by, arising out of, or in any way connected with any act or
omission of Service Provider or Service Provider's directors, officers, employees, agents,
independent Service Providers, or volunteers, directly or indirectly related to the performance of
the Services under this Agreement. Service Provider must reimburse FRWDB any funds
expended due to those acts or omissions from non-federal funds. Any approval for payment,
actual payment, or advance made to Service Provider will not constitute a waiver of FRWDB's
claims, defenses, or indemnification rights provided under this Agreement.
8.2 FRWDB will defend, indemnify, and hold harmless Service Provider, and its directors, officers,
boards, commissions, employees, volunteers, and agents, from and against all losses, costs,
expenses, demands, damages, penalties, liabilities, interests, recoveries, claims, and judgments,
including, without limitation, attorneys' fees and costs, to defend against any claims, demands,
causes of action, suits, charges, or legal or administrative proceedings, caused by, arising out of,
or in any way connected with any act or omission of FRWDB or FRWDB's directors, officers,
employees, agents, independent Service Providers, or volunteers, directly or indirectly related to
the performance of the Services under this Agreement.
9. Insurance
Service Provider must comply with all insurance requirements described in Exhibit D, as amended, or
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as otherwise provided in this agreement.
10. Limitation of Liability
As required under that Joint Exercise of Powers Agreement, the City and County of Fresno are not
liable to Service Provider or its employees, Service Providers, or other third parties.
11 . Independent Service Provider
11.1. Status. Service Provider is an independent Service Provider. No person employed by Service
Provider to furnish the Services is an employee of FRWDB. In performing the Services, Service
Provider, including any of Service Provider's owners, officers, partners, officers, agents,
employees, and independent Service Providers, will at all times be acting and performing as an
independent Service Provider, and will act in their independent capacity and not as an officer,
agent, employee, joint venturer, partner, or associate of FRWDB. FRWDB has no right to control
or supervise or direct the manner or method by which Service Provider performs its obligations
under this Agreement. However, FRWDB may administer this Agreement so as to verify that
Service Provider is providing the Services and performing its obligations in accordance with this
Agreement.
11.2 Employer Duties. Service Provider has the sole obligation to provide its employees with all
legally required notices and postings, as well as all employee wages and benefits, and will make
all Social Security and other withholdings required by applicable federal or state laws and
regulations.
11.3 Compliance. Service Provider must ensure that all of its staff and its third-party Service
Providers abide by and strictly comply with FRWDB policies, procedures, and directives,
including, but not limited to, FRWDB's zero tolerance policy on harassment as described in
FRWDB's personnel manual.
12. Termination
12.1 By FRWDB. FRWDB may immediately suspend or terminate this Agreement when FRWDB, in
its sole discretion, determines that:
(1) Service Provider illegally used any funds provided under this Agreement;
(2) Service Provider failed to comply with any provision of this Agreement;
(3) Service Provider submitted a substantially incorrect or incomplete report;
(4) Service Provider improperly performed any of the Services; or
(5) The Federal Government or the State of California suspended or terminated, in full or
in part, a grant under which FRWDB receives money to compensate Service Provider
for the Services;
(6) Termination for convenience of the FRWDB, by 30 day written notice, in full or in part,
when it is in the FRWDB's interest.
12.2 By Service Provider. Service Provider may suspend or terminate this Agreement when
circumstances beyond Service Provider's control have made compliance with this Agreement
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impossible or impracticable. In such an event, Service Provider must give FRWDB 30 days
written notice, complete with an explanation, acceptable to FRWDB in its sole discretion, of these
circumstances. This notice will serve as a request to terminate the Agreement. Within 5 business
days of receiving this written notice, FRWDB will provide written notice to Service Provider either
approving or denying Service Provider's request and the terms and conditions of its approval or
denial. If FRWDB fails to provide this written notice to Service Provider within 5 business days,
Service Provider must treat its request as denied by FRWDB and continue to perform the
Services in accordance with this Agreement.
12.3 Payment
A. FRWDB may demand in writing that Service Provider repay any funds disbursed to Service
Provider under this Agreement if FRWDB determines, in its sole discretion, that Service
Provider did not expend these funds in accordance with the terms of this Agreement. On
receiving FRWDB's demand, Service Provider must promptly refund these funds, or at
FRWDB's option, FRWDB may deduct any repayment from future payments by FRWDB
owing to Service Provider under this Agreement or any other agreement, as may be
applicable and otherwise due.
B. In no event will any payment to Service Provider constitute a waiver of any breach of this
Agreement or any default that may then exist on the part of Service Provider. Neither will any
payment impair or prejudice any remedy available to FRWDB with respect to the breach or
default.
13. Copyrights, Patents, Rights in Data
In accordance with 2 CFR Part 200 Subpart A - § 200.59 and Subpart E - § 200.448, and Appendix II to
Part 200, FRWDB, as a federal funds awarding agency, reserves a royalty-free, nonexclusive,
irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal
government purposes, the copyright, patent, or rights in data in any work developed or purchased with
funds under this Agreement.
14. Additional Laws and Regulations
Service Provider must comply with all applicable laws and regulations listed in Part 200 Appendix II —
Contract Provisions. Service Provider must read Exhibit D to determine which of these laws and
regulations apply to Service Provider in the context of this agreement.
15. Notices
All notices under this Agreement must be in writing and may be delivered in person (by hand or by
courier) or may be sent by regular, certified, or registered mail, or U.S. Postal Service Express Mail,
with postage prepaid, by facsimile transmission, or by electronic transmission (email) and will be
deemed sufficiently given if served in a manner specified in this section. The addresses and
addressees noted below are that Party's designated address and addressee for delivery or mailing of
notices. Either Party may, by written notice to the other, specify a different address for notice. Any
notice sent by registered or certified mail, return receipt requested, will be deemed given on the date of
delivery shown on the receipt card, or if no delivery date is shown, 3 days after the postmark date. If
sent by regular mail, the notice will be deemed given 48 hours after it is addressed as required in this
section and mailed with postage prepaid. Notices delivered by United States Express Mail or overnight
courier that guarantee next day delivery will be deemed given 24 hours after delivery to the Postal
Service or courier. Notices transmitted by facsimile transmission or similar means (including email) will
be deemed delivered upon telephone or similar confirmation of delivery (confirmation report from fax
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machine is sufficient), provided a copy is also delivered via personal delivery or mail. If notice is
received after 4:00 p.m. or on a Saturday, Sunday, or legal holiday, it will be deemed received on the
next business day.
County of Fresno Fresno Regional Workforce Development Board
Clean Slate Program 2125 Kern Street, Suite 208
2220 Tulare Street, Suite 300 Fresno, California 93721
Fresno, CA 93721 Attention: Blake Konczal, Executive Director
Attention: Ernest Buddy Mendes Facsimile: (559) 490-7199
Email: bkonczal workforce-connection.com
16. General
16.1 Assignment and Subcontracting. Neither Party may assign, transfer, or subcontract this
Agreement nor its rights or duties hereunder without the prior written consent of the other Party.
16.2 Agreement Binding on Successors. This Agreement shall be binding upon FRWDB and
Service Provider and their successors, executors, administrators, legal representatives, and
assigns with respect to all the covenants and conditions set forth herein.
16.3 Entire Agreement. This Agreement, including all attachments, exhibits, regulations and policies
incorporated or referenced within, constitutes the entire agreement between the Parties regarding
the subject matter within and supersedes all prior and contemporaneous agreements,
representations, or understandings of any nature whatsoever unless expressly included in this
Agreement.
16.4 No Authority to Bind FRWDB. Service Provider, in its performance of the services or any other
duties under this Agreement, has no authority to bind FRWDB to any agreements or
undertakings.
16.5 Non-Exclusive. This Agreement is not an exclusive agreement and FRWDB, at its sole
discretion, has the right to negotiate with and enter into contracts with others providing the same
or similar services to those provided by Service Provider.
16.6 Modifications. FRWDB may, from time to time, initiate a change to the scope of the Services.
Any such changes are subject to Service Provider's approval, which shall not be unreasonably
withheld.
16.7 Waiver. No covenant or condition of this Agreement may be waived except by FRWDB's written
consent.
16.8 Governing Law and Venue. This Agreement will be governed by and construed in accordance
with the laws of the State of California. Venue for any dispute or litigation arising under this
Agreement will be in the County of Fresno, State of California, if instituted in the state courts, or
the Eastern District of California (Fresno), if instituted in the federal courts.
16.9 Remedies. FRWDB may pursue any and all remedies available by law as needed to enforce its
rights under this Agreement.
16.10 Partial Invalidity. If any provision of this Agreement, or any portion of a provision, is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of
this Agreement, including, without limitation, the portions of any provision not held to be invalid,
void, or unenforceable, will nevertheless continue to be in full force and effect without being
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impaired or invalidated in any way.
16.11 Headings and Construction. The subject headings of the sections and paragraphs of this
Agreement are included for purposes of convenience only and do not affect the construction or
interpretation of any of its provisions. All words used in this Agreement include the plural as well
as the singular number, and vice versa; words used in this Agreement in the present tense
include the future as well as the present; and words used in this Agreement in the masculine
gender include the feminine and neuter genders, whenever the context so requires. No provision
of this Agreement will be interpreted for or against a Party because that Party or its legal
representative drafted the provision, and this Agreement will be construed as if jointly prepared by
the Parties.
16.12 Time. Time is of the essence in this Agreement.
16.13 Non-Collusion Covenant. Service Provider represents and warrants that it has in no way
entered into any contingent fee arrangement with any firm or person in an effort to obtain this
Agreement with FRWDB. Service Provider has not received from FRWDB any incentive, special
payments, or considerations not related to payment or reimbursement for the provision of the
Services.
16.14 Lobbying Activity. Service Provider may not use any funds provided under this Agreement for
the support, defeat, or influence of legislation or appropriations pending before the Congress.
16.15 Costs and Expenses. Each Party will pay all costs and expenses incurred, or to be incurred, by
it in negotiating and preparing this Agreement and its exhibits, and in closing and carrying out the
transactions contemplated by this Agreement, including, without limitation, its attorneys',
paralegals', and other professionals' fees and costs.
16.16 Signature Authority. Service Provider represents and warrants that it has capacity, full power,
and authority to enter into and perform this Agreement, and that the person signing this
Agreement on behalf of Service Provider has been properly authorized and empowered to enter
into this Agreement.
16.17 Counterparts. The Parties may execute this Agreement simultaneously or in counterparts, each
of which will be deemed an original, but all of which together will constitute one and the same
Agreement.
16.18 Attorneys' Fees. If an action at law or in equity is necessary to enforce or interpret the terms of
this Agreement, the prevailing Party is entitled to reasonable attorneys', paralegals', and other
professionals' fees and costs in addition to any other reasonable relief to which it may be entitled.
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Signatures
"Service Provider"
County of Fresno
Chairman of the Board of Supervisors
Ernest Buddy Mendes of the County of Fresno
Name of Officer Title
Signature Date
"FRWDB"
Fresno Regional Workforce Development Board
Blake Konczal Executive Director
upInQgicer Title
10/15/2020
Signa ure Date
968446v2/16988.0001
FRWDB Master Special Services Agreement 8 Revised May 26,2016
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Signatures
"Service Provider"
County of Fresno
Chairman of the Board of Supervisors
Ernest Buddy Mendes of the County of Fresno
Name of Officer Title
t���,41aoac
Signature Date
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
Count f Fresno, State of California
"FRWDB" By_
Fresno Regional Workforce Development Board Deputy
Blake Konczal Executive Director
�pI„dicer Title
?ag.g
V-6.4 10/15/2020
Signa f ure Date
968446v2/16988.0001
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FRESNO REGIONAL AGENDA ITEM: Al
WORKFORCE DEVELOPMENT BOARD MEETING DATE: June 3,2020
ACTION: APPROVE
2125 Kern Street,Suite 208 • Fresno, CA 93721 , (559)49077100 • Fax(559)490-7199 • www.frwdb.net
TO: Fresno Regional Workforce Development Board
FROM: Adult Council
SUBJECT: Workforce Innovation and Opportunity Act Adult and Dislocated Worker Funding
Recommendations for Program Year 2020-2021
RECOMMENDATION:
Approve Workforce Innovation and Opportunity Act (WIOA) Adult and Dislocated Worker funding
allocations for Program Year (PY) 2020-2021 as outlined in the attached budget allocation worksheet
(Attachment 1).
The Adult Council approved this recommendation on May 21, 2020.
REASON FOR RECOMMENDATION:
The Employment Development Department (EDD), Workforce Services Division, released WIOA formula
allocations for PY 2020-2021 on May 14, 2020 (Attachment 11). These allocations are based on the
allotment levels issued by the U.S, Department of Labor, Employment and Training Administration to the
states on April 23, 2020,
The Fresno Regional Workforce Development Board (FRWDB) received $11,110,660 of Adult and
Dislocated Worker funds, an overall increase of eight percent (8%) compared to last year's allocation of
$10,249,265, The projected carryover for the WIOA Adult program is $5,637,583, which is a 15%
increase compared to $4,904,937 for PY 2019-2020. This brings the total available funding to
$16,748,243 which results in an overall net increase of 11%.
Approval of the recommended funding allocations will result in the following:
• Maintain 11,65% carryover to PY 2021-2022;
• Allocate 30% of total award for training as mandated by the State of California in SB734. All
training funds are allocated to the current plan year Training and Incumbent Worker Training
pools;
• Allocate an increase of$515,113 of anticipated unexpended training funds from PY 2019-2020 to
ensure full expenditure of mandated training funds by June 30, 2021;
• Increase Adult and Dislocated Worker sub-contractors by five percent (5%);
• Maintain Supportive Service pools;
• Maintain Participant Workshop pool;
• Decrease $70,000 (70%) funding for the Fresno County Public Defender's office for the Clean
Slate program. This program assists job seekers in filing legal documents to assist them in
20
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addressing legal barriers to employment, i.e., criminal record expungements and back child
support payments;
e Maintain $50,000 for community outreach;
O Maintain $90,000 to VR Technical Services for Information Technology programming and
maintenance;
• Maintain facility site budgets for Provider staff training such as Active Shooter, Customer Center
Design, and for marketing and outreach.
FISCAL. IMPACT:
Approval of this item will allocate $16,748,243 of WIOA Adult and Dislocated Worker funds, which will be
allocated to FRWDB operational, sub-contracts and participant pools and allocates $1,294,392 to
carryover for PY 2021-2022.
ATTACHMENTS:
ATTACHMENT I: WIOA Adult and Dislocated Worker Allocations Worksheet for PY 2020-2021
ATTACHMENT II: EDD Information Notice WSIN19-45, WIOA Formula Allocations PY 20-21
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ATTACHMENT I '
A e C D E F G
1 _ _ WIOA ADULT AND DISLOCATED WORKER
2 _ _-- ALLOCATIONS FOR PROGRAM YEAR 2020.21
Adult/DW Adult/DW
0 Allocation Allocation --Increase/ %
2019.20 2020-21 Decrease)_ Change
0
to Actual/Estimated Carryover 4,904 937 6637583 732,646 16%
11 Award _- _ _ 10,249,265 11,110,660 861,395 8%
tz Total Available 16 164 202 16,748 243 1,694,041 11%
- ---
14 Operational Costs
15 One Stop/Facilities Sites Budget _ 1,742,203 1,742,203 0 0%
16 FRWDB Admin Support _ 1,069,611 1,165,760 0 0%
17 FRWD13 Program Support 1,333,935 1,333,936 0 0%
10 Assessment Materials _ 42,630 42,630 0 0%
to Em ILoyment Study _ 10,600 10,500 0 0%--
20 Program Income (2
- 77,676 (-77 2 ,676 0 0%
-- -
21 Carryover to Following Year 11,65% 1,194,039 1,294,392 100,353 8%
22 Total Operational Gosts 5,116,242 6,301,734 100,353 2%
23 ^
24 lContractors&Particlpant Pools_
25 CLC-Urban 2,838,731 2 980,668 __ 141 937 5%
20 Proteus,Inc.-East 662,394 590 514 28 120 6%
27 West Hills Community College-West 663,745 591,932 _28,187 5%
20 Current Plan Year Training Pool 2,669,005 3,333,198 764,193 30%
20 Prior Plan Year Training Reserve 2,484,887 3,000,000 515,113 21%
30 Incumbent Worker Training(IWT)Pool 605,775 506,776 0 0%
31 Supportive Services _- 119,483 119-483 0 0%
32 Participant Workshop Pool 154,940 154,940 0 0% _
33 Pilot Public Defenders Project 100,000 30,000 (70,000) -70%
34 VRTS Programfning&Maintenance________ _ 90,000 90,000_ 0 0%
omte 35 C Outreach _ 50,000 50,000 0
36 Business Services Sector Project Pool 0 0 0
37 Total Contractors&Participant Pools 10,038,960 11,446,610 1,407,550 14%
30
39 ---- --- --- ---- - - -
4o Total Allocations __ 16,164,202 16 748 243
4 t ----- - -- ---- -- 0 m p -
42 -
43 - 3,074 7$0 3,333 198
44 Training Percentage __ _ 30% 30% _
45
46
47 Note; Due to spreadsheet formula rounding calculations,lotal(sLmay be$1_A_0 off,_
40 Pre aced By,C.Belerschmitl_-_-
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AGENDA ITEM: 3
FRESNO REGIONAL
MEETING DATE: May 21,2020
WORKFORCE DEVELOPMENT BOARD ACTION: RECOMMEND TO
APPROVE
2125 Kern Street, Suite 208 • Fresno, CA 93721 • (559)490-7100 • Fax(559)490-7199 • www.frwdb.net
TO: Youth Council
FROM: Blake Konczal, Executive Director
SUBJECT: Workforce Innovation and Opportunity Act Youth Funding Recommendations for Program
Year 2020-2021
RECOMMENDATION:
Recommend that the Fresno Regional Workforce Development Board (FRWDB) approve Workforce
Innovation and Opportunity Act (WIOA) Youth funding allocations for Program Year (PY) 2020-2021 as
outlined in the attached budget allocation worksheet (Attachment 1).
REASON FOR RECOMMENDATION:
The Employment Development Department (EDD), Workforce Services Division, released WIOA formula
allocations for PY 2020-2021 on May 14, 2020 (Attachment II). These allocations are based on the
allotment levels issued by the U.S. Department of Labor, Employment and Training Administration to the
states on April 23, 2020.
The FRWDB received $7,134,064 of WIOA Youth funds for PY 2020-2021, a 16.39% increase compared
to last year's allocation of $6,129,237. The estimated carryover is $1,591,983, which is a 24,25%
decrease from PY 2019-2020; this brings the total available funding to$8,726,047.
The WIOA regulations implemented on July 1, 2015, mandates that 20% of the total funds available for
youth be reserved for Work Experience (WEX) opportunities, which is reflected in the recommended
allocations.
FRWDB staff recommends that the Youth Council approve the proposed budget allocations as outlined
in Attachment I. Approval of the recommended funding allocations will result in the following:
• Increase the current three percent (3%) set aside for carryover to five percent (5%) carryover for
PY 2021-2022;
• Maintain the current PY 2020-2021 WEX Pool for WIOA mandated 20% for WEX funding;
• Decrease the prior plan year WEX reserve for PY 2019-2020 by $1,681 based on current
estimated expenditures of the mandated WEX funds;
• Increase Youth sub-contractors by five percent (5%);
• Maintain the Vocational Training pool;
9-1
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• Decrease $35,000 (70%) funding for the Fresno County Public Defender's office for the Clean
Slate program. This program assists job seekers in filing legal documents to assist them in
addressing legal barriers to employment, i.e., criminal record expungements and back child
support payments;
• Maintain Supportive Services pool;
• Maintain Participant Workshop pool;
• Maintain $50,000 for Soft Skills Training pool;
• Maintain $50,000 for community outreach; and
• Maintain facility site budgets for Provider staff training such as Active Shooter, Customer Center
Design, and for marketing, furniture and equipment update.
FISCAL IMPACT:
Approval of this item will allocate $8,726,047 of WIOA Youth funds, which will be allocated to FRWDB
operational, sub-contracts and participant pools. The $356,703 will be allocated to carryover for PY
2021-2022.
ATTACHMENTS:
ATTACHMENT I: WIOA Youth Allocations Worksheet for PY 2020-2021
ATTACHMENT II: EDD Information Notice WSIN19-45, WIOA Formula Allocations— PY 20-21
9-2
DocuSign Envelope ID:BF485A51-BB50-421D-A80A-D765BCA7F293
DocuSign Envelope ID:A6ACCAD1-53BE-4695-BCA6-EF9C92172128
A B C D E F G
1 - WIOA YOUTH ALLOCATIONS FOR _
2 _ PROGRAM YEAR 2020-2021
3 Attachment 1
4 _ Youth Youth
5 Allocation Allocation Increase/ %
s _ 2019-20 2020-21 (Decrease) Change
7 -
a - ---------- - - -- -- --- -- --
9 Actual/Estimated Carryover 2,101,692 1,691,983 (509,709) -24.26%
10 Award - _ 6129,237 7,134,064 1,004,827 16,39%
11 Total Available 8,230,929 8 726 047 495,118 6.02%
12 _
13 Operational Costs
--- ----------- - -- ---
14 Facility/Site Budgets -_ 460,513 460,613 0 0.00%
15 FRWDB Admin Support 612,924 612,924 0 0.00%
10 FRWDB Program Support _ _ 943,554 943,554 0 0.00%
17 Assessment Materials _ 55,494_ 55,494 0 0.00%
18 Carryover to Following Year 5% 183,877 356,703 172,826 93.99%
i9 Total Opuational Costs 2,256,362 2429188 172,826 7.66%
20 _
21 Contractors&Participant Pools
22 ResCare-Incarcerated Youth 326,730 343,067 16,337 5.00%
23 ResCare-Urban North 1,103,966 1,169,164 55,198 5.00%
24 Fresno EOC-Urban South _ 1,103,966 1,159,164 _ 55,198 5.00% _
25 Proteus-Rural East _ 618,231 649,143 30,912 5.00%
2s West Hills Community College-Rural West _ 409,196 429,656 20,460 5,00%
27 Current Plan Year Work Experience_Pool 1,103,263 1,284,132 180,869 16.39%
28 Prior Plan Year Work Experience Reserve 546,681 _545,000 -11681 -0.310/.
29 Vocational Training Pool 435,849 435,849 0 0.00%
30 Pilot Public Defenders Project 50,000 15,000 35,000 -70.00%
31 Participant Workshop Pool 55,000 55,000 0
32 Soft Skills Training Pool 50,000 50,000 0
33 Community Outreach 50,000 50,000 0
34 Supportive Services _ 121,685 121,685 0 0.00%
35 Total Contractors&Participant Pools 6,974,667 6,296,859 322,292 5.39%
36
-- - - -
37 ---- - ------- -- -- -- - -- -
3a Total Allocations 8,230,929 8 726 047
40
41 _ _1_,103,263 1,284,132
42 Work Experience Training Percentage_ _ - 20% 20%
43
44
45 Note: Due to spreadsheet formula rounding calculations_,total(s)maybe$1.00 off.
46 Prepared By: C. Beierschmitt
DocuSign Envelope ID: BF485A51-BB50-421D-A80A-D765BCA7F293
COUNTY OF FRESNO
Elizabeth Diaz
Public Defender
MEMORANDUM
To: Ka Xiong, Special Projects Program Coordinator
From: Elizabeth Diaz, Public Defender
Date: October 12, 2020
RE: Statement of Work
Clean Slate Program
Overall Goal:
The Public Defender's Office (PD) will provide a Clean Slate Program in Fresno County. The
program's post-conviction legal services are for low-income and indigent persons with
misdemeanor or felony convictions in Fresno County. In addition,the program would help
connect participants to either employment and training services or housing services based on
need.
Proposal:
To provide post-conviction legal services, limited family law services as it relates to child
support and arrears, and limited legal services as it relates to driver license suspensions to adult
and youth Workforce clients. Clients would be referred from Workforce based on whatever
criteria the program deems appropriate in conjunction with basic legal requirements. Services
provided under this contract will only be given to WIOA/grant eligible participants as screened
and referred by Workforce.
Workforce will perform initial screening of clients to determine applicable relief. Clients will be
referred to the program and given an appointment to meet with the Clean Slate Attorney. Initial
appointments will occur at an office provided by Workforce. Workforce will provide a list to
the Clean Slate Attorney at least two (2)weeks prior to each appointment day. Once analysis has
been completed for the client, all applicable petitions will be drafted and filed on the client's
behalf. In the case where a client must provide supporting documentation, a separate
appointment to complete petitions may be made. Workforce clients should be encouraged to
bring all supporting documentation to the initial appointment to expedite the process. Follow-up
appointments may occur at the Workforce office or the PD's office. The PD will ensure that all
applicable relief is filed and served timely.
Clients will receive assistance with: Expungements (1203.4, 1203.4a, 1203.41, 1203.42,
1203.43, 1203.49 Petitions), Penal Code 17b Motions, Prop 47 Applications/Petitions, Prop 64
coU"1 2220 Tulare Street,Suite 300/Fresno,California 93721
t Telephone(559)600-3546/Fax(559)600-1570
o� �O Equal Opportunity Employer
pRES
DocuSign Envelope ID: BF485A51-BB50-421D-A80A-D765BCA7F293
Applications/Petitions (reduction to misdemeanor or dismissal). It is preferred that the client
come in with a rap sheet' but not required.
Period of Performance:
This proposal is based on a twelve (12) month term and is estimated to serve 200 clients.
Defense Attorney III—8 hours/week—in-person consultations for referred Workforce clients and
preparation of any applicable applications/petitions.
Paralegal—8 hours/week—file and serve documents, make copies,pull records from databases,
and track data/outcomes.
This contract would include the Defense Attorney, Paralegal, office space, office supplies for the
project, software, and any necessary administrative time.
1 A"rap sheet"is a defendant's record of arrest or conviction history in California.
4,coprY
ti+t�t� 2220 Tulare Street,Suite 300/Fresno,California 93721
t Telephone(559)600-3546/Fax(559)600-1570
O� {O Equal Opportunity Employer
FRES
DocuSign Envelope ID: BF485A51-BB50-421D-A80A-D765BCA7F293
Description of Motions':
1. 1203.4 Petition: Defendants convicted of a misdemeanor, or felons sentenced to
probation and/or local county time may be eligible to file for an expungement.
Defendants may file this petition once they are no longer on probation and have no
open/active cases. Relief can be mandatory or discretionary depending on the
circumstances.
2. 1203.4a Petitions: Misdemeanants who were denied probation may file for expungement
one year from the date of sentencing. Relief can be mandatory or discretionary
depending on the circumstances.
3. 1203.41 Petitions: Defendants convicted of a felony and sentenced to AB 109 may be
eligible to file for expungement. Defendants sentenced to local prison and mandatory
supervision are eligible for expungement one year after their release from supervision.
Defendants sentenced to local prison only, are eligible for expungement two years after
their release from custody. This relief is always discretionary.
4. 1203.42 Petitions: Defendants convicted of a felony who would have been sentenced to
AB 109 had it been eligible at the time of sentencing. The includes eligible offenses prior
to October 1, 2011. Defendant may be eligible to file for expungement. This relief is
always discretionary.
5. 1203.43 Petitions: Defendants who satisfactorily completed a Diversion Program(also
referred to as PC 1000) is eligible to file for expungement and in essence erase the drug
conviction from their record.
6. 1203.49 Petitions: Defendants may petition the court to have their conviction for
solicitation or prostitution to be set aside if they can establish by clear and convincing
evidence that the conviction was the result as his/her status as a human trafficking victim.
7. 17B Motion: A reduction to a misdemeanor is available to those defendants who were
convicted of a felony"wobbler offense" and were placed on felony probation. A
"wobbler" is an offense that could have been charged as a felony or misdemeanor. If the
Defendant's sentence was stayed or suspended for a term they are ineligible for 17B
relief.
8. Prop 47 Application/Petition: Defendants with felony convictions for certain property
and drug crimes outlined under the statute may apply for a reduction to misdemeanor.
Theft offenses must be valued at $950 or lower.
9. Prop 64 Application/Petition: Defendants with felony convictions that are marijuana
related may apply for a reduction to a misdemeanor, dismissal, or sealing depending on
the circumstances of the case.
2 These descriptions only apply to criminal convictions obtained in California and are brief summaries of the
relevant law. Additional requirements may affect eligibility.
cop
h04 `l7� 2220 Tulare Street,Suite 300/Fresno,California 93721
t Telephone(559)600-3546/Fax(559)600-1570
O� {O Equal Opportunity Employer
FRES
DocuSign Envelope ID:BF485A51-BB50-421D-A80A-D765BCA7F293
Budget Summary
Applicant: Fresno County Public Defender
Grant: Clean Slate Program
BUDGET EXPENSE ITEM BUDGET LEVERAGE TOTAL
LINE#
1 Staff Salaries $ 34,155
Number of full-time equivalents 0.4
2 Staff Travel
3 Communications
4 Facilities Rent
5 Facilities Utilities
6 Facilities Maintenance
7 loffice Supplies $693.00
8 Testing/Instructional
Materials
9 Equipment Purchases
10 Equipment Leases/Use-
Charge
11 Tools and Supplies $1,416.00
12 Supportive Services
13 Indirect Costs $8,736
14 "Other" Costs $0.00
15 lCosts of Sub-Grants
TOTAL 1 $45,0001 $0.001 $0.00
Indirect costs are calculated by adding Salaries, travel,
office supplies and tools and supplies and multiplying
by 24.09%.
DocuSign Envelope ID:BF485A51-BB50-421D-A80A-D765BCA7F293
Budget Detail
Applicant: Fresno County Public Defender
Grant: Clean Slate Program
BUDGET EXPENSE ITEM NARRATIVE DETAIL
LINE#
1 Staff Salaries: List job titles of Salaries charged to Fringe Benefits FTEs
staff working on project project charged to project
Defense Attorney $18,554 $5,566 20%
Paralegal $7,545 $2,490 20%
Totals $ 26,099 $ 8,056.00 40%
2 Staff Travel
3 Communications
4 Facilities Rent
5 Facilities Utilities
6 Facilities Maintenance
7 l0ffice Supplies Stnry, postage, etc. $50/month x 12 months=$600+93
8 Testing/Instructional Materials
9 Equipment Purchases
10 Equipment Leases/Use-Charge
11 Tools and Supplies Lawyaw legal drafting software ($59/month*2*12)=$1416
12 Supportive Services
13 Indirect Costs-- Provide rate, 24.09% (see attached document for calculation) $8,736
direct cost(s) and calculation
14 "Other" Costs *Use table below for Line Item 14.
15 Costs of Sub-Grants, list cost of *Use table below for Line Item 15
each sub-grant
Line 14: "Other" Costs Total
Totals 1 $0.00
Line 15:Sub-Grants Total
Totals 1 $0.00
DocuSign Envelope ID: BF485A51-BB50-421D-A80A-D765BCA7F293
COUP
INTEROFFICE MEMORANDUM Oscar J. Garcia, CPA
Auditor-Controller/Treasurer-Tax Collector
Enedina Garcia
FRES Deputy Auditor-Controller
DATE: January 10, 2020
TO: Elizabeth Diaz, Public Defender
� f
FROM: Oscar J. Garcia CPA, Auditor-Controller/Treasurer-Tax Collector
SUBJECT: Fiscal Year 2019-20 Public Defender Indirect Cost Rate Proposal Review
The Auditor-Controller/Treasurer-Tax Collector's Department (ACTTC) has reviewed
the Indirect Cost Rate Proposal (ICRP) for the Public Defender for Fiscal Year (FY)
2019-20.
The ACTTC's review assessed whether the rate was constructed reasonably and
developed in accordance with cost development guidelines, including those outlined in
the Office of Management and Budget, Title 2 in the Code of Federal Regulations, Part
200 (2 CFR Part 200).
Based on our review, the attached ICRP was prepared and calculated using the 2018-
2019 actual costs for Department 2880. The allocation of allowable indirect cost for
Salaries and Benefits was based on actual costs incurred. The allocation of allowable
indirect costs for Services and Supplies was based on the indirect percentage of
Salaries and Benefits to total costs incurred. Our recommendation is to use actual costs
for Services and Supplies allocation.
The ICRP's can be used for any program, provided that your funding entities have not
limited your indirect cost recovery to specific percentages. Therefore, we recommend
that each grant contract be reviewed for indirect cost guidelines.
If you have any questions, please contact Mario Cabrera at (559) 600-1351 or Ganna
Monastyrsky at (559) 600-1709 of our Special Accounting Division at (559) 600-3491.
OJG: jh
Enclosure
P.O. Box 1247/Fresno, California 93715-1247/(559) 600-3496/ FAX (600) 600-1444
Equal Employment Opportunity Employer
DocuSign Envelope ID: BF485A51-BB50-421D-A80A-D765BCA7F293
INDIRECT COST RATE PROPOSAL
Public Defender-Dept 2880
FISCAL YEAR 2019-20
BASED ON ACTUALS FROM FISCAL YEAR 2018-2019
(1) (2) (3) (4) (5)
Total Cost Components
Total Costs Total Unallowable Total Allowable Total Allowable Remaining Costs
(Based on Actual Excludable Indirect Direct Should be
Description of Costs Costs Incurred) Costs Costs Costs(ADC) Zero(0)
+(1)-(2)-(3) F(1)-(2)-(3)-(4)
Salaries&Benefits:
Salaries/Wages 9,555,246 $1,422,868 $8,132,378 $0
Overtime/Comp.Time 809 809 $0
Benefits 6,812,288 1,014,415 5,797,873 $0
Total Salaries&Benefits 16,368,344 0 2,437,284 13,931 060 0 Indirect Salary%
+(1)-(2)-(3)(Data is manually entered.) (applied to Services
Services&Supplies: and Supplies)
Clothing&Personal Supplies 0 0 14.89%
Communications 3,341 497 2,844 0
Food/Household Expenses 0 0 0
Liability/Other Insurance 24,302 3,619 20,683 0
Medical,Dental&Lab Supplies 0 0 0
Maintenance 3,877 577 3,300 0
Memberships 27,336 4,070 23,266 0
Office Expense 133,964 19,948 114,016 0
Postage 2,920 435 2,485 0
Prof.&Spec.Services 256,003 256,003 0
Peoplesoft Charges 33,662 5,012 28,650 0
Data Processing 655,556 97,614 557,943 0
End User Software 163,638 24,366 139,272 0
Operating Leases Buildings 3,745 3,745 0
Printing 17,713 2,637 15,075 0
Publications&Legal Notices 47,817 7,120 40,697 0
Facility Operations&Maint 171,422 25,525 145,897 0
Small Tools 209,480 31,192 178,288 0
Spec.Dept.Expense 0 0 0
Commissions/Advisory Boards 0 0 0
Education 67,372 10,032 57,340 0
Transportation/Travel/Mileage 131,695 19,610 112,086 0
Employee Appreciation 1,263 188 1,075 0
Utilities 90,372 13,457 76,915 0
Security Services 82,279 12,252 70,027 0
Total Services&Supplies 2,127,758 0 278,151 1,849,607 0
+(1)-(2)-(3)
Other Expenditures 98,787 98,787 0
+(1)-(2)-(3)
Capital Expenditures(Fixed Assets) 32,375 19,375 13,000 0
Total Budgetary Expenditures 18,627,263 0 2,734,809 15,892,454 0
Cost Plan Costs:
Equipment Use Allowance 0 0
Building Use Allowance A 122,754 122,754 0
Building Use Allowance B 0 0
Building Costs 0 0
County Administrative Office 22,335 22,335 0
Parks 3,648 3,648 0
Bldg&Grounds Maint./Security 0 0
Auditor-Controller/Treas.(RRD) 124,157 124,157 0
Purchasing 4,901 4,901 0
County Counsel 100,502 100,502 0
Personnel 30,312 30,312 0
Capital Projects 0 0
Archives/Storage 8,117 8,117 0
Roll Forward/Adjustments 204,641 204,641 0
Total Cost Plan Costs 621,367 0 621,367 0 0
Total Allowable Indirect Costs(AIC) 3,356,176
Dist.ofA1C Based on Salary/Wages 0 (3,356,176) 3,356,176 0
Totals $19 248 630 $0 $0 $19 248 630 $0
Indirect Cost Rate(AIC/ADC Sal.&Ben.; 24.09% Benefits Ratio= Benefits/Salary&Wages 71.29%
DocuSign Envelope ID:BF485A51-BB50-421D-A80A-D765BCA7F293
Exhibit C
Instructions for Certification —Workforce Innovation and Opportunities Act (WIOA)
By signing this agreement, the recipient of federal assistance funds is providing the
certification as set out below.
1. The certification in this clause is a material representation of fact upon which reliance
was placed when this transaction was entered into. If it is later determined that the
recipient of federal assistance funds knowingly rendered an erroneous certification, in
addition to other remedies available to the federal government, the Department of Labor
(DOL) may pursue available remedies including suspension and/or debarment.
2. The recipient of federal assistance funds shall provide immediate written notice to the
Fresno Regional Workforce Development Board (FRWDB) if, at any time, the recipient of
federal assistance funds learns that its certification was erroneous when submitted, or
has become erroneous by reason of changed circumstances.
3. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower-tier
covered transaction," "participant," "person," "primary covered transaction," "principal,"
"proposal," and "voluntarily excluded," as used in this clause, have the meanings set out
in the Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact the FRWDB staff for assistance in obtaining a copy of those
regulations.
4. The recipient of federal assistance funds agrees it shall not knowingly enter into any
lower-tier covered transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction, unless
authorized by the DOL.
5. The recipient of federal assistance funds further agrees it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —
Lower-Tier Covered Transactions," without modification, in all lower-tier covered
transactions, and in all solicitations for lower-tier covered transactions.
6. A participant in a covered transaction may rely upon a certification of a participant in a
lower-tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it determines
the eligibility of its principals. Each participant may, but is not required to, check the "List
of Parties Excluded from Procurement or Non-Procurement Programs."
7. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render, in good faith, the certification required by this
clause. The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
8. Except for transactions authorized under paragraph 5 of these instructions, if a
participant in a covered transaction knowingly enters into a lower-tier covered
transaction with a person who is suspended, debarred, ineligible or voluntarily excluded
from participation in this transaction, in addition to other remedies available to the federal
government, the DOL may pursue available remedies, including suspension and/or
debarment.
FRWDB Assurances&Certs Revised 2-14-18
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ASSURANCES AND CERTIFICATIONS
The provider of WIOA services provides the assurances and certifications set forth below:
• General Assurances
• Debarment and Suspension Certification
• Certification Regarding Lobbying
• Drug-free Workplace Certification
• Certification of Non-delinquency
• Nondiscrimination and Equal Opportunity Requirement of the Workforce Innovation and
Opportunities Act (WIOA)
• Confidential Information and Data
• Signatory Authorizations, Debarment & Suspensions
• Fraud And Abuse Incident Reporting
A. GENERAL ASSURANCES
The provider of WIOA services assures that it:
1. Has the legal authority to apply for federal assistance, and the institutional,
managerial, and financial capability (including funds sufficient to pay the non-
federal share of any project costs) to ensure proper planning, management, and
completion of the project described in this Agreement.
2. Have adequate administrative controls, personnel standards, evaluation
procedures, availability of in-service training and other policies as may be
necessary to promote the effective use of WIOA funds.
3. Will not permit participants to be employed on the construction, operation, or
maintenance of any facility used, or to be used, for sectarian instruction or as a
place for religious worship. (Public Law 105-220 Aug. 7, 1998, as amended)
4. Will not permit any participant to displace a currently employed worker (including
partial displacement such as a reduction in the hours of non-overtime work, wages,
or employment benefits). (Public Law 105-220 Aug. 7, 1998, as amended)
5. Will not impair existing agreements for services or collective bargaining
agreements, unless the employer and the labor organization concur, in writing, with
respect to any elements of the proposed activities that affect such agreement, or
either such party fails to respond to written notification requesting its concurrence
within 30 days of receipt thereof. (Public Law 105-220 Aug. 7, 1998, as amended)
6. Will ensure that where a labor organization represents a substantial number of
employees, who are engaged in similar work or training in the same area as that
proposed, an opportunity shall be provided for such labor organization(s) to submit
comments. (Public Law 105-220 Aug. 7, 1998, as amended)
7. Will work with the FRWDB to promote on-site, industry-specific training programs
supportive of industrial and economic development. (Public Law 105-220 Aug. 7,
1998, as amended)
8. Will not use WIOA funds to assist, promote, or deter union organizing.
9. Will not use WIOA funds for public service employment.
10. Will not use WIOA funds for contribution, on behalf of any participant, to retirement
systems or plans.
11. Will establish controls to ensure that no WIOA funds will be used to assist in
relocating establishments/employers, or parts thereof, from one area to another,
unless the Secretary of Labor determines that such relocation will not result in an
increase of unemployment in the area of original location, or in any other area.
12. Will comply with the provisions of the Military Selective Service Act (50 USC App.
453, Section 3, as amended), which limits participation to persons who have
presented proof of submitted registration or will register at time of enrollment.
FRWDB Assurances&Certs Rcviscd 2-14-18
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13. Has not duplicated building/office rental/lease costs associated with this
Agreement in any other agreement, contract, grant, lease, rental, gift, or budget
under the stewardship of the provider of WIOA services.
14. Will, if operating programs for youth, further assure the following:
a. Training and work experience for eligible youth will be coordinated with school-
related programs, including the award of academic credit, pursuant to the
WIOA.
b. The Federal Child Labor Standards or the California Child Labor Standards,
whichever is stricter, will be applied to the employment of youth under 18 years
of age.
15. Will comply with the Intergovernmental Personnel Act of 1970 (42 USC 4728-
4763), relating to prescribed standards for merit systems, for programs funded
under one of the nineteen statutes or regulations specified in Appendix A of Office
of Management and Budget's (OMB) Standards for a Merit System of Personnel
Administration (5 CFR 900, Subpart F).
16. Will comply with all federal statutes relating to nondiscrimination. These include,
but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (PL 88.352) which
prohibits discrimination on the basis of race, color or national origin; (b) Title IX of
the Education Amendments of 1972, as amended (20 USC 1681-1683 and 1685-
1686), which prohibits discrimination on the basis of disabilities; (c) the Age
Discrimination Act of 1975, as amended (42 USC 6101-6107), which prohibits
discrimination on the basis of age; (d) the Drug Abuse Office and Treatment Act of
1972 (PL 92.255), as amended, relating to nondiscrimination on the basis of drug
abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91.616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (f) 523 and 527 of
the Public Health Service Act of 1912 (42 USC 290 dd.3 and 290 ee.3), as
amended, relating to confidentiality of alcohol and drug abuse patient records; (g)
Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq.), as amended,
relating to nondiscrimination in the sale, rental, or financing of housing; (h) any
other nondiscrimination provisions in the specific statute(s) under which this
federally-funded Agreement exists; and (i) the requirements of any other
nondiscrimination statute(s), which may apply to this Agreement.
17. Maintains its intake and/or operational headquarters as accessible to the disabled,
pursuant to Section 504 of the Rehabilitation Act of 1973 and the Americans with
Disabilities Act of 1990, and comply with California Occupational Safety & Health
Administration (Cal/OSHA) Workplace Safety requirements.
18. Will comply, or has already complied, with the requirements of Titles II and III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(PL 91.646), which provides for fair and equitable treatment of persons displaced
or whose property is acquired as a result of federal or federally-assisted programs.
These requirements apply to all interests in real property acquired for project
purposes, regardless of federal participation in purchases.
19. Will comply with the provisions of the Hatch Act (7 U SC 1501-1508 and 7324-
7328), which limit the political activities of employees whose principal employment
activities are funded in whole or in part with federal funds.
20. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 USC
276a through 276a.7), the Copeland Act (40 USC 276c and 18 USC 874), and the
Contract Work Hours and Safety Standards Act (40.327-333), regarding labor
standards for federally-assisted construction subcontracts. Pursuant to the Davis-
Bacon Act, all laborers and mechanics employed by contractors or sub-contractors
in any construction, alteration, or repair, including painting and decorating, of
projects, buildings and works that are federally assisted under the WIOA, shall be
paid wages at rates not less than those prevailing on similar construction in the
locality, as determined by the Secretary.
FRWDB Assurances&Certs Rcviscd 2-14-18
DocuSign Envelope ID:BF485A51-BB50-421D-A80A-D765BCA7F293
21. Will comply, if applicable, with Flood Insurance Purchase Requirements of Section
102(A) of the Flood Disaster Protection Act of 1973 (PL 93.234) which requires
recipients in a special flood hazard area to participate in the program and to
purchase flood insurance if the total cost of insurable construction and acquisition
is $10,000 or more.
22. Will comply with environmental standards which may be prescribed pursuant to the
following:
(a) institution of environmental quality control measures under the National
Environmental Policy Act of 1969 (PL 91.190) and Executive Order (EO) 11514; (b)
notification of violating facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in flood plains in accordance
with EO 11988; (e) assurance of project consistency with the approved State
management program developed under the Coastal Zone Management Act of
1972 (16 USC 1452 et seq.); (f) conformity to federal actions to State (Clean Air)
Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as
amended (42 USC 7401 et seq.); (g) protection of underground sources of drinking
water under the Safe Drinking Water Act of 1974, as amended (PL 93.523); and (h)
protection of endangered species under the Endangered Species Act of 1973, as
amended (PL 93.205).
23. Will comply with the Wild and Scenic Rivers Act of 1968 (16 USC 1271 et seq.),
related to protecting components or potential components of the national wild and
scenic rivers system.
24. Will assist the FRWDB in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 USC 470), EO 11593
(identification and protection of historic properties) and the Archaeological and
Historic Preservation Act of 1974 (16 USC 469a.1 et seq.)
25. Will comply with PL 93-348 regarding the protection of human subjects involved in
any research, development and related activities under this Agreement.
26. Will comply with the Laboratory Animal Welfare Act of 1966 (PL 89.554), as
amended (7 USC 2131 et seq.), pertaining to the care, handling and treatment of
warm-blooded animals held for any research, teaching, or other activities
supported by this Agreement.
27. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 USC 4801 et
seq.), which prohibits the use of lead-based paint in construction or rehabilitation of
residential structures.
28. Will comply with the provisions of the Nontraditional Employment for Women Act
(PL 102-235) and the regulations or standards adopted by the Job Training
Partnership Division to implement such provisions. The provider of WIOA services
will work with FRWDB to promote the goals of (a) the training of and the training-
related placement of women in nontraditional employment; and (b) a description of
efforts to increase awareness of such training and placement opportunities.
29. Will cause to be performed the required financial and compliance audits, in
accordance with the Single Audit Act of 1984, and will submit such audit report(s)
as required under the provider of WIOA services Agreement.
30. Will comply with all applicable provisions of the Brown Act contained in section
54950 et seq., of the California Government Code, as amended accordingly, and
all statutory references therein.
B. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY,
VOLUNTARY EXCLUSION AND OTHER RESPONSIBILITY MATTERS
1. The provider of WIOA services certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any federal
department or agency.
FRWDB Assurances&Certs Rcviscd 2-14-18
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b. Have not, within a three-year period preceding this Agreement, been convicted
or had a civil judgment rendered against them for commission of fraud, or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or agreement; violation
of federal or state antitrust statutes; embezzlement; theft; forgery; bribery;
falsification or destruction of records; making false statements; or receiving
stolen property.
c. Are not presently indicted, or otherwise criminally or civilly charged, by a
government entity (federal, state, or local) with commission of any of the
offenses enumerated in paragraph 13.1.b. of this certification.
d. Have not, within a three-year period preceding this Agreement, had one or
more public transactions (federal, state, or local) terminated for cause or
default.
2. Where the provider of WIOA services is unable to certify to any of the statements
in paragraphs 1(a-d) of this certification, the provider of WIOA services shall attach
an explanation to this Agreement.
3. The provider of WIOA services agrees to sign and abide by the attached
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusions— Lower-Tier Covered Transactions."
C. CERTIFICATION REGARDING LOBBYING — FOR AGREEMENTS, GRANTS, LOANS
AND COOPERATIVE AGREEMENTS
The provider of WIOA services hereby certifies that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the
provider of WIOA services, to any person for influencing or attempting to influence
an officer or employee of Congress, or an employee of a member of Congress in
connection with the awarding of any federal agreement, the making of any federal
grant, the making of any federal loan, the entering into of any cooperative
agreement and the extension, continuation, renewal, amendment or modification of
any federal agreement, grant, loan, or cooperative.
2. If any other than federally-appropriated funds have been paid, or will be paid, to
any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress, in connection with this federal Agreement,
grant, loan or cooperative agreement, the provider of WIOA services shall
complete and sign a Standard Form—LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
3. The provider of WIOA services shall require that the language of this certification
be included in the award documents for all sub-awards at all tiers (including sub-
agreements, sub-grants and agreements under grants, loans and cooperative
agreements,) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Title 31, U.S. Code, and section
1352. Any person who fails to file the required certification shall be subject to civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
D. DRUG-FREE WORKPLACE
The provider of WIOA services certifies that it will provide a drug-free workplace by
implementing the provisions of 29 CFR 98.630.
FRWDB Assurances&Certs Rcviscd 2-14-18
DocuSign Envelope ID:BF485A51-131350-421D-AWA-D7658CA7F293
E. CERTIFICATION OF NON-DELINQUENCY
The provider of WIOA services certifies that it is not delinquent on any federal debt.
F. NONDISCRIMINATION AND EQUAL OPPORTUNITY REQUIREMENTS OF WIOA
(29 CFR PART 38) and (Section 188),
1. The provider of WIOA services assures that it has the ability to and will comply fully with
the nondiscrimination and equal opportunity provisions outlined in 29 CFR Part 38 and §
188 of the WIOA of 2014, as amended, including, but not limited to, the following: Title VI
of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of
1973, as amended; the Age Discrimination Act of 1975; and Title IX of the Education
Amendments of 1972.; during the full term of the agreement. The provider of WIOA
services understands that the United States has the right to seek judicial enforcement of
this assurance.
2. The provider of WIOA services certifies that it has developed and will maintain a
"Nondiscrimination Plan" pursuant to 29 CFR 38.54.
3. The provider of WIOA services certifies that during the two (2) years preceding this
Agreement, it has incurred no findings of noncompliance with laws or regulations
regarding civil rights or discrimination based on race, color, religion, sex (including
pregnancy, childbirth, and related medical conditions, gender identity and transgender
status), national origin (including limited English proficiency), age, disability (temporary
or permanent), unlawful harassment, political affiliation or belief, citizenship, or
participation in WIOA.
G. CONFIDENTIAL INFORMATION AND DATA
The provider of WIOA services understands the necessity to protect all customer information
and will establish special precautions to protect it from unauthorized use, access, disclosure,
modification and destruction.
H. SIGNATORY AUTHORIZATIONS, DEBARMENT & SUSPENSIONS
The provider of WIOA services offers signatory authorization, and debarment & suspension
as attached.
I. FRAUD AND ABUSE INCIDENT REPORTING
The provider of WIOA services acknowledges their responsibility to be alert for incidents of
fraud and/or abuse and will comply with all local, state and federal regulations for reporting
such incidents, as outlined in FRWDB policy.
J. SUBMISSION OF DOCUMENTATION UPON AWARD
These assurances are made with the full knowledge and consent of the signing agency, and
in the event all required documentation is not submitted as required herein the Fresno Area
Workforce Investment Corporation (FAWIC), at its option, may recommend termination of
E I agreement to the FRWDB.
159
N f6
2 c) Name and Title of Authorized Representative (please print or type):
Chairman of the Board of Supervisors
w:° Ernest Buddy Mendes Of the County of Fresno
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Name Title
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F- U -
o Signature: Date
ly w d o .WDB Assurances&Certs Revised 2-14-18
Q Co 5 0 m
DocuSign Envelope ID:BF485A51-BB50-421D-A80A-D765BCA7F293
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower-Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549,
"Debarment and Suspension," 29 CFR Part 98, Section 98.510, "Participants' Responsibilities."
The regulations were published as Part VII of the May 26, 1988, Federal Register (pages
19160-19211).
1. The recipient of federal funds certifies the Assurances and Certifications have been read
and understood, and that neither it, nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in
this transaction by any federal department or agency.
2. Where the recipient of federal assistance funds is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation
to this Agreement.
Name and Title of Authorized Representative (please print or type):
Chairman of the Board of Supervisors
Ernest Buddy Mendes Of the County of Fresno
Name Title
Signature: Date
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
Courity f Fresno,State of California
By_
Deputy
FRWDB Assurances&Certs Revised 2-14-18
DocuSign Envelope ID: BF485A51-BB50-421D-A80A-D765BCA7F293
Exhibit C
Fresno Regional Workforce Development Board
2125 Kern Street, Suite 208 • Fresno, Ca 93721 • 559.490.7100 • Fax 559.490.7199 • www.workforce-connection.com
Standard of Conduct
The Service Provider hereby agrees that:
It shall pursue every reasonable course of action in order to maintain the integrity of this
expenditure of public funds and to avoid real or apparent favoritism or questionable or
improper conduct. It shall perform its duties set forth in this Agreement in an impartial
manner and free from illegal personal,financial or political gain. The Service Provider, its
executive staff, employees and sub-contractors, in performing its duties pursuant to this
Agreement, shall avoid giving the appearance that any decision was influenced by prejudice,
bias or special interest.
Without first obtaining prior FRWDB approval, it shall prohibit family members and
dependents of its officers or employees from enrolling in a program to receive services to be
provided pursuant to this Agreement.
"Family" is defined as individuals related by blood, court decree, or marriage and shall
include wife, husband, daughter, son, mother, father, sister,brother, mother-in-law, father-in-
law, daughter-in-law, son-in-law, sister-in-law, brother-in-law, grandmother, grandfather,
aunt,uncle,niece,nephew, stepparent, stepchild or dependent.
"Dependent" is defined as an individual who, both currently and during the previous 6
months,has received fifty(50)percent of his/her support from a family member.
It, its staff, subcontractor or assignee will neither create an economic conflict of interest nor
solicit or accept money or any other consideration from a third person in exchange for the
performance of an act reimbursed in whole or part pursuant to this Agreement.
It will use supplies, materials, equipment or services purchased with Agreement funds solely
for purposes allowed under this Agreement.
It will assure that any of its employees who were formerly employed by the FAWIC or
FRWDB in a position that enabled them to influence decisions about programs described in
this Agreement, will not participate in any part or phase of the activities conducted pursuant
to this Agreement for a period of not less than one year following the termination of such
employment from the FAWIC or FRWDB, provided it being understood that in any event,
the Service Provider may employ, in any capacity, said employees of FAWIC whose
employment is terminated due to reduction or loss of funding to, or the organizational re-
structuring of,FAWIC.
Fresno Regional Workforce Development Board
DocuSign Envelope ID: BF485A51-BB50-421D-A80A-D765BCA7F293
Exhibit D
Buy American Requirements
Workforce Innovation and Opportunity Act
SEC. 502. BUY-AMERICAN REQUIREMENTS.
(a) COMPLIANCE WITH BUY AMERICAN ACT.—None of the funds made available under title I or II or
under the Wagner-Peyser Act(29 U.S.C.49 et seq.) may be expended by an entity unless the entity
agrees that in expending the funds the entity will comply with sections 8301 through 8303 of title 41,
United States Code (commonly known as the "Buy American Act").
(b)SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.— In the case of any equipment or
product that may be authorized to be purchased with financial assistance provided using funds made
available under title I or II or under the Wagner-Peyser Act(29 U.S.C.49 et seq.), it is the sense of
Congress that entities receiving the assistance should, in expending the assistance, purchase only
American-made equipment and products.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing financial assistance using funds made available
under title I or II or under the Wagner-Peyser Act,the head of each Federal agency shall provide to each
recipient of the assistance a notice describing the statement made in paragraph (1) by Congress.
(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal agency that any person intentionally affixed a label
bearing a "Made in America" inscription,or any inscription with the same meaning,to any product sold
in or shipped to the United States that is not made in the United States,the person shall be ineligible to
receive any contract or subcontract made with funds made available under title I or II or under the
Wagner-Peyser Act(29 U.S.C.49 et seq.), pursuant to the debarment,suspension,and ineligibility
procedures described in sections 9.400 through 9.409 of title 48,Code of Federal Regulations,as such
sections were in effect on August 7, 1998, or pursuant to any successor regulations.
DocuSign Envelope ID: BF485A51-BB50-421D-A80A-D765BCA7F293
Exhibit D
Fresno Regional Workforce Development Board
2125 Kern Street, Suite 208 • Fresno, Ca 93721 • 559.490.7100 • Fax 559.490.7199 • www.workforce-connection.com
Insurance Requirements
The Service Provider,at its sole cost and expense,shall maintain in full force and effect at all times during
the term of this Agreement:
A. Comprehensive/Commercial General Liability insurance, including contractual, products and completed
operations coverage and bodily injury and property damage liability insurance,with combined single limits
of not less than One Million Dollars($1,000,000)naming the FAWIC, FRWDB the County of Fresno and
the City of Fresno named as additionally insured.
B. Comprehensive Automobile Liability insurance endorsed for"any auto" with combined single limits of not
less than One Million Dollars ($1,000,000) naming the FAWIC, FRWDB the County of Fresno and the
City of Fresno named as additionally insured.
C. Directors and Officers (Errors and Omissions) insurance with a limit of liability of not less than One
Million Dollars ($1,000,000) naming the FAWIC, FRWDB the County of Fresno and the City of Fresno
named as additionally insured, provided that FAWIC or FRWDB funds shall not be used to acquire
insurance policies offering protection against debts established by the federal government.
D. Fidelity Bond in an amount not less than ten percent (10%) of the total of all amounts payable to the
Service Provider pursuant to this Agreement but in no event less than Five Thousand Dollars ($5,000),
naming the FAWIC,FRWDB the County of Fresno and the City of Fresno named as co-obligees,provided,
however, that if that total amount payable pursuant to this Agreement is less than Five Thousand Dollars
($5,000),the amount of the bond shall be equal to that total amount.
E. Workers Compensation insurance in accordance with the California Labor Code covering all employees
hired or employed under the Agreement for which the Service Provider is the employer of record such as in
work experience programs and limited internships.
F. Property Insurance covering direct physical loss or damage to FRWDB property with a limit of liability of
not less than the full replacement value of FRWDB property that the Service Provider possesses or
maintains during the term of this Agreement,naming the FRWDB as Loss Payee.
G. Self Insurance. If the Service Provider proposes to provide any of the above stated coverage by way self-
insurance,it shall address a written request to the FRWDB representing and warranting that:
1. It agrees to the insurance requirements as stated herein;
2. It will maintain a minimum reserve not less than one hundred twenty-five percent(125%)of the
amount of self-insurance coverage as specified above in excess of all known claims filed against
the self-insurance fund of the Service Provider;
3. The reserve is fully funded: and,
4. No federal funds awarded or allocated under this agreement will be called upon to fund any losses
resulting from any claims made pursuant to this Agreement.
H. Service Provider must obtain endorsements to the general liability and auto insurance policies, giving the
FAWIC,FRWDB the County of Fresno and the City of Fresno an unrestricted thirty(30)day prior written
notice of cancellation or change in terms or coverage. The Service Provider will also obtain an
endorsement to the workers' compensation policy giving the FAWIC, FRWDB the County of Fresno and
the City of Fresno an unrestricted ten(10)day prior written notice of any cancellation or change in terms or
coverage.
DocuSign Envelope ID: BF485A51-BB50-421D-A80A-D765BCA7F293
Exhibit D
I. If a Service Provider's insurance is not in place prior to the effective date and commencement of the term
of this Agreement, the Service Provider shall not commence performance hereunder. If any insurance
coverage to be provided by the Service Provider expires during the term of this Agreement and the Service
Provider fails to obtain new replacement coverage and present to the FAWIC appropriate certificates or
endorsements prior to the expiration date of the applicable insurance coverage, the FAWIC may suspend
and withhold any payment(s) otherwise due to the Service Provider as of the expiration date. Service
Provider shall suspend performance until it secures and delivers that new insurance certificates(s)to
the FAWIC.
J. If claims-made forms are used for errors and omissions coverage,either;
1. The Service Provider will obtain an endorsement to the policy that provides not less than a
two- year discovery period,or
2. Will maintain the coverage for at least two years following the termination of the Agreement.
The requirements of this section relating to errors and omissions coverage shall survive the
termination or expiration of the Service Provider Agreement. Service Provider will deliver a
new certificate of insurance to the FAWIC not less than fifteen (15) days prior to the
expiration of any policy or immediately upon cancellation of the policy.
K. The Service Provider shall submit to the FAWIC certificates of general liability and automobile liability
insurance naming the FAWIC, FRWDB, the County of Fresno and the City of Fresno, their officers, agents,
employees, officials, commissions and volunteers, individually and collectively, as additionally insured(except
Workers' Compensation). Further,the Service Provider shall provide to the FAWIC insurance certificates and
applicable endorsements for all required insurance. This Agreement shall not be effective or commence until
such time that satisfactory proof of all insurance coverage required hereby is received.
L. The Service Provider shall notify the FAWIC in writing within five (5) working days of any claims that are
submitted to their liability insurance involving funds awarded under this Agreement. The Service Provider shall
include in any notice it gives to FAWIC pursuant to this subparagraph copies of any reports generated with
respect to the incident or claim and any known or estimated financial costs.
M. The FRWDB reserves the right to require the funded Service Provider to obtain additional insurance coverage
should the FRWDB determine that the activities of the Service Provider require additional coverage.
N. If any coverage is cancelled, revoked, reduced, or in any manner questioned or compromised, no further
disbursements shall be made to the Service Provider until the Service Provider provides satisfactory proof that
the appropriate coverage has been reinstated.
O. The Service Provider shall fully comply with the FRWDB procurement policy when acquiring all insurance
coverage required hereunder.
P. All insurance coverage to be established and maintained by Service Provider shall apply as primary insurance
and any other insurance, or self-insurance, maintained by the County of Fresno, the City of Fresno, FCWIB,
FAWIC or their respective officers, agents or employees shall be excess only and not contributing with
insurance provided under the Service Provider's policies required hereby.
DocuSign Envelope ID:BF485A51-BB50-421D-A80A-D765BCA7F293
Exhibit D
Part 200—Uniform Administrative Requirements
Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the
non-Federal entity under the Federal award must contain provisions covering the following,as applicable.
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the
inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal
remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and
penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-
Federal entity including the manner by which it will be effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet
the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal
opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal
Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive
Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing
regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor."
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all
prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for
compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of
Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination
made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a
week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned
upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported
violations to the Federal awarding agency. The contracts must also include a provision for compliance with the
Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR
Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans
or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited
from inducing, by any means, any person employed in the construction, completion, or repair of public work, to
give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must
report all suspected or reported violations to the Federal awarding agency.
DocuSign Envelope ID:BF485A51-BB50-421D-A80A-D765BCA7F293
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts
awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers
must include a provision for compliance with 40 U.S.C.3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the
wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is compensated at a rate of not less than one and a
half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The requirements of
40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of
"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract
with a small business firm or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that "funding agreement," the recipient
or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"
and any implementing regulations issued by the awarding agency.
(G) Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387),as
amended—Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the
non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental
Protection Agency(EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220)
must not be made to parties listed on the government wide exclusions in the System for Award Management
(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part
1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(1) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding
$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
DocuSign Envelope ID:BF485A51-BB50-421D-A80A-D765BCA7F293
(J) Procurement of recovered materials — A non-Federal entity that is a state agency or agency of a political
subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring
only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that
contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity
acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a
manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014]
DocuSign Envelope ID: BF485A51-BB50-421D-A80A-D765BCA7F293
CERTIFICATE NO. ISSUE DATE
GL1-2967 Al CERTIFICATE OF COVERAGE 06/25/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE
CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR
Public Risk Innovation, ALTER THE COVERAGE AFFORDED BELOW,THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A
CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE
Solutions and Management CERTIFICATE HOLDER,
C/O ALLIANT INSURANCE SERVICES,INC.
PO BOX 6450 IMPORTANT:If the certificate holder is an ADDITIONAL INSURED and/or requesting a WAIVER OF
N EWPORT BEACH, CA 92658-6450 SUBROGATION,the Memorandums of Coverage must be endorsed.A statement on this certificate does
not confer rights to the certificate holder in lieu of such endorsement(s).
PHONE(949)756-0271 /FAX(619)699-0901
LICENSE#0C36861 COVERAGE A-Public Risk Innovation,Solutions and Management
AFFORDED
Member: COVERAGE
FRESNO COUNTY AFFORDED B
ATTN: HOLLIS MAGILL COVERAGE
2220 TULARE STREET, 16TH FLOOR AFFORDED C
FRESNO, CA 93721-2108
COVERAGE
AFFORDED D
Coverages
THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR
THE PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH
RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MEMORANDUMS
DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDITIONS OF SUCH MEMORANDUMS.LIMITS SHOWN MAY
HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF COVERAGE MEMORANDUM COVERAGE EFFECTIVE COVERAGE EXPIRATION LIABILITY LIMITS
LTR NUMBER DATE DATE
A �X Excess General Liability PRISM 20 EL-03 07/01/2020 07/01/2021 $1,000,000
rX Auto Liability $1,000,000
Limits inclusive of the Member's
Self-Insured Retention of
$750,000
Description of Operations/Locations/Vehicles/Special Items:
AS RESPECTS AGREEMENT BETWEEN FRESNO COUNTY AND FRESNO REGIONAL WORKFORCE DEVELOPMENT BOARD FOR PROVIDING
POST-CONVICTION SERVICES BY AN ATTORNEY.
FRESNO AREA WORKFORCE INVESTMENT CORPORATION(FAWIC),FRESNO REGIONAL WORKFORCE DEVELOPMENT BOARD(FRWDB),
FRESNO COUNTY AND THE CITY OF FRESNO ARE INCLUDED AS ADDITIONAL COVERED PARTIES,BUT ONLY INSOFAR AS THE
OPERATIONS UNDER THIS CONTRACT ARE CONCERNED.
THIS INSURANCE SHALL BE PRIMARY AND NO OTHER INSURANCE SHALL CONTRIBUTE PURSUANT TO ENDORSEMENT NUMBER U-9.
Cancellation
Certificate Holder SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF,NOTICE WIL BE DELIVERED IN ACCORDANCE
WITH THE MEMORANDUMS OF COVERAGE PROVISIONS.
FRESNO REGIONAL WORKFORCE DEVELOPMENT BOARD
2125 KERN ST.,SUITE 208
FRESNO,CA 93721 AUTHORIZED REPRESENTATIVE
L,�N1661A__�
Public Risk Innovation,Solutions and Management
PAGE 1 OF 2
DocuSign Envelope ID: BF485A51-BB50-421D-A80A-D765BCA7F293
ENDORSEMENT NO. UA-
PUBLIC RISK INNOVATION, SOLUTIONS AND MANAGEMENT
GENERAL LIABILITY 1
AMENDATORY ENDORSEMENT - PRIMARY/NON-CONTRIBUTORY
It is understood and agreed that Condition 7. OTHER COVERAGE of the Memorandum to
which it is attached, is deleted in its entirety and replaced by the following:
7. OTHER COVERAGE
If collectible insurance with an insurer, or collectible group coverage through another joint
powers authority, interlocal cooperative agreement, self-insurance or other public entity
group coverage is available to the covered party covering a loss also covered hereunder
(whether on a primary, excess or contingent basis), the coverage hereunder shall be: (a)
in excess of, and shall not contribute with, such insurance; and (b) shall contribute only
with any excess group coverage available through another joint powers authority
according to a pro-rata, time on the risk basis. However, this clause does not apply with
respect to excess insurance purchased specifically to be in excess of this Memorandum,
or to insurance or reinsurance which is intended to provide the remainder of the limit of
liability stated in the Declarations of this Memorandum when the coverage afforded under
this Memorandum provides less than 100 percent of the limit set forth in the Declarations.
However, if the covered party has entered into a written agreement, prior to any loss
event, in which it is agreed that this coverage shall be primary and/or non-contributory with
respect to an additional covered party as specified in Endorsement U-1 of this
Memorandum, then this coverage shall respond as primary and/or non-contributory, but
shall be limited to the lesser of the limits stated on the Certificate of Coverage or the
minimum limits required by the written agreement.
Notwithstanding the foregoing paragraph, if coverage for a claim or suit is available under
this Memorandum and a memorandum of coverage issued in connection with the PRISM's
Medical Malpractice Program, this Memorandum shall afford primary coverage only where
the gravamen of the claim or suit involves liability covered hereunder. EIA staff will
preliminarily assess the gravamen of the claim or suit and refer it to the committee
responsible for the coverage believed to be applicable under this paragraph. Where that
committee disputes PRISM's assessment of the gravamen of the claim or suit and rejects
primary coverage, PRISM will thereafter refer the claim or suit to the committee
responsible for the other applicable coverage. If that committee also rejects the primary
coverage responsibility, the Executive Committee will determine which of PRISM's
coverages is primary under this paragraph.
If the Member disputes the acceptance of primary coverage by a committee of PRISM's
responsible for the coverage, the Member may appeal that decision to the Executive
Committee. Appeal must be requested within 60 days of the coverage acceptance by
PRISM.
DocuSign Envelope ID: BF485A51-BB50-421D-A80A-D765BCA7F293
IT ine iviemger Is not saiisTiea wim ine outcome of the Executive Committee appeal or the
determination by the Executive Committee as to which of PRISM's coverages is primary
where no committee agreed to accept primary responsibility, the Member may invoke
Section (d) and (e) of Article 31 of PRISM's Joint Powers Agreement and proceed to
arbitration and, if necessary, litigation. For purposes of this paragraph, the Member must
request to invoke Article 31 dispute resolution process within 60 days of the Executive
Committee's determination as to which of PRISM's coverages is primary.
Where a memorandum of coverage issued in connection with PRISM's Medical
Malpractice Program is determined to afford primary coverage pursuant to this section, the
exhaustion of PRISM's limit of liability under the Medical Malpractice Program will satisfy
the covered party's self-insured retention under this Memorandum.
Coverage for the additional covered party under this endorsement is limited to the written
contract or agreement as specified on the Certificate of Coverage and Endorsement U-1 of
this Memorandum.
It is further agreed that nothing herein shall act to increase PRISM's limit of liability.
This endorsement is part of the Memorandum and takes effect on the effective date of the
Memorandum unless another effective date is shown below. All other terms and
conditions remain unchanged.
Effective Date Memorandum No.: PRISM 20 EL-00
Issued to: ALL MEMBERS
Issue Date: June 25, 2020
uthorized Representative
Public Risk Innovation, Solutions and Management
DocuSign Envelope ID:BF485A51-BB50-421D-A80A-D765BCA7F293
Exhibit E
SIGNATORY AUTHORIZATION
I HEREBY CERTIFY THAT Ernest Buddy Mendes
(Name&Title)
IS AUTHORIZED TO SUBMIT PROPOSALS FOR, AND BY VIRTUE OF HIS/HER SIGNATURE, BIND
County of Fresno
(Organization Name)
TO CONTRACTUAL AGREEMENTS FOR THE PERIOD
November 17, 2020 THROUGH June 30, 2021
Signature of Governing Body Official &
Date Signed:
Typed Name: Ernest Buddy Mendes
Title: Chairman of the Board of Supervisors of the
County of Fresno
Signature of Official Authorized Above &
Date Signed:
Typed Name: Ernest Buddy Mendes
Title: Chairman of the Board of Supervisors of
the County of Fresno
Note: Should circumstances require a change
in the above, a new signatory authorization
shall be completed and forwarded to
FRWDB. Failure to provide the information
above may result in the disqualification of
your proposal.
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County f Fresno,State of California
By
Deputy