HomeMy WebLinkAboutAgreement A-15-023 with Reading and Beyond.pdfAGREEMENT 15-023
1 AGREEMENT
2 This Agreement is made and entered into this 6th day of January 2015, by and
3 between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter
4 referred to as "COUNTY", and READING AND BEYOND, a private non-profit corporation, whose
5 address is 4670 E. Butler Avenue, Fresno, CA 93702, hereinafter referred to as "CONTRACTOR".
6 WITNESSETH:
7 WHEREAS, the Department of Social Services has received funding from the United States
8 Department of Agriculture to administer the Supplemental Nutrition Assistance Program (SNAP)
9 Employment and Training Program herein referred to as CalFresh Employment and Training Program
10 in the COUNTY OF FRESNO; and
11 WHEREAS, CONTRACTOR and COUNTY have agreed to collaborate in the success of the
12 CalFresh Employment and Training Program; and
13 WHEREAS, CONTRACTOR has agreed to serve CalFresh recipients residing in Fresno
14 County in need of employment and training services; and
15 WHEREAS, COUNTY is willing to refer eligible CalFresh recipients for CONTRACTOR
16 services; and
17 WHEREAS, COUNTY, desires to enter into an agreement whereby COUNTY may obtain
18 CalFresh Employment and Training Services; and
19 WHEREAS, CONTRACTOR, possesses the experience and skills to provide the services
20 desired by COUNTY.
21 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties
22 hereto agree as follows:
23 1. SERVICES
24 A. CONTRACTOR shall perform all services and fulfill all responsibilities set
2 5 forth in Exhibit A, Summary of Services, attached hereto and by this reference incorporated herein.
26 CONTRACTOR's performance shall be in accordance with the COUNTY'S Request for Proposal
27 (RFP) No. 962-5304 dated September 10,2014, and Addendum No. one (1), dated October 1, 2014,
28 hereinafter collectively referred to as COUNTY'S Revised RFP 962-5304, and CONTRACTOR's
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1 Response to Revised RFP, dated October 8, 2014.
2 B. In the event of any inconsistency among the documents described in Paragraph
3 1.A herein above, the inconsistency shall be resolved by giving precedence in the following order of
4 priority: 1) to this Agreement, including all Exhibits attached hereto; 2) COUNTY's Revised RFP
5 962-5304; and 3) CONTRACTOR's Response to Revised RFP. A copy of COUNTY's Revised RFP
6 No. 962-5304, and CONTRACTOR's Response to Revised RFP, shall be retained and made
7 available during the term ofthis Agreement by COUNTY's Department of Social Services (DSS).
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C. CONTRACTOR shall participate in monthly, or as needed, workgroup
meetings consisting of staff from COUNTY's DSS to discuss requirements, data reporting, training,
policies and procedures, overall program operations and any problems or foreseeable problems that
may anse.
D. In the event of the termination or expiration of this Agreement in accordance
13 with Section Three (3) of this Agreement, CONTRACTOR shall provide transitional services to
14 clients currently receiving services, working with DSS staff and/or COUNTY's contracted
15 vendor(s). Transitional services shall include, but is not limited to the transfer of client records and
16 shall not exceed a maximum ofthirty (30) days. This section of the Agreement shall survive thirty
17 (30) days from the expiration or written termination date of this Agreement.
18 2. TERM
19 This Agreement shall become effective upon execution, and shall terminate on the 30th
2 0 day of September 2015.
21 This Agreement shall renew for two (2) additional 12 month periods upon the same
22 terms and conditions herein set forth, unless written notice of non-renewal is given by
23 CONTRACTOR or COUNTY or COUNTY's DSS Director, or designee not later than sixty (60)
2 4 days prior to the close of the current Agreement term.
25 3. TERMINATION
26 A. Non-Allocation of Funds-The terms of this Agreement, and the services to be
2 7 provided thereunder, are contingent on the approval of funds by the appropriating government
2 8 agency. Should sufficient funds not be allocated, the services provided may be modified, or this
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1 Agreement terminated at any time by giving CONTRACTOR thirty (30) days advance written notice.
2 B. Breach of Contract -COUNTY may immediately suspend or terminate this
3 Agreement in whole or in part, where in the determination of COUNTY there is:
4 1) An illegal or improper use of funds;
5 2) A failure to comply with any term of this Agreement;
6 3) A substantially incorrect or incomplete report submitted to COUNTY;
7 4) Improperly performed service.
8 In no event shall any payment by COUNTY constitute a waiver by COUNTY
9 of any breach of this Agreement or any default which may then exist on the part of CONTRACTOR.
10 Neither shall such payment impair or prejudice any remedy available to COUNTY with respect to the
11 breach or default. COUNTY shall have the right to demand of CONTRACTOR the repayment to
12 COUNTY of any funds disbursed to CONTRACTOR under this Agreement, which in the judgment
13 of COUNTY were not expended in accordance with the terms of this Agreement. CONTRACTOR
14 shall promptly refund any such funds upon demand or, at COUNTY's option; such repayment shall
15 be deducted from future payments owing to CONTRACTOR under this Agreement.
16 C. Without Cause -Under circumstances other than those set forth above, this
17 Agreement may be terminated by CONTRACTOR or COUNTY or COUNTY's DSS Director, or
18 designee, upon the giving ofthirty (30) days advance written notice of an intention to terminate the
19 Agreement.
20 4. COMPENSATION
21 For actual services provided as identified in the terms and conditions of this Agreement,
2 2 including Exhibit A, COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
23 compensation in accordance with Exhibit B, attached here to and by this reference incorporated
24 herein. Mandated travel shall be reimbursed based on actual expenditures and mileage reimbursement
25 shall be at CONTRACTOR's adopted rate per mile, not to exceed the IRS published rate.
2 6 CONTRACTOR agrees to limit administrative costs to a maximum of 15% of the total program
2 7 budget and to limit employee benefits to a maximum of 20% of total salaries for those employees
2 8 working under this Agreement during the term of this Agreement. Payment shall be made upon
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1 certification or other proof satisfactory to DSS that services have actually been performed by
2 CONTRACTOR as specified in this Agreement.
3 The total cost of providing services under this Agreement shall not exceed One Million
4 Three Hundred Fifty Nine Thousand Three Hundred One and No/100 Dollars ($1,359,301). In no
5 event shall compensation for services performed under this Agreement be in excess of Three Hundred
6 Thirty Nine Thousand Eight Hundred One and Noll 00 Dollars ($339,801) for the period of January 6,
7 2015 to September 30,2015. In no event shall compensation for services performed under this
8 Agreement be in excess of Four Hundred Fifty Two Thousand and No/1 00 Dollars ($452,000) for the
9 period of October 1, 2015 to September 30, 2016. In no event shall compensation for services
10 performed under this Agreement be in excess of Four Hundred Fifty Two Thousand and No/100
11 Dollars ($452,000) for the period of October 1, 2016 to September 30, 2017. It is understood that all
12 expenses incidental to CONTRACTOR's performance of services under this Agreement shall be
13 borne by CONTRACTOR.
14 The CONTRACTOR is responsible for meeting the required County match of 50% of
15 all ancillary/support services expenditures provided to clients through a cash match equal to the
16 amount ofthe maximum ancillary/supportive service reimbursement claimed by CONTRACTOR.
17 Total ancillary/support services expenditures claimed shall not exceed Thirty One Thousand Five
18 Hundred and No/100 Dollars ($31,500) for the period of January 6, 2015 through September 30,2015.
19 Total ancillary/support services expenditures claimed shall not exceed Forty Two Thousand and
20 No/100 Dollars ($42,000) for the period of October 1, 2015 through September 30,2016 and shall not
21 exceed Forty Two Thousand and No/100 Dollars ($42,000) for the period of October 1, 2016 through
22 September 30, 2017.
2 3 Except as provided below regarding State payment delays, payments by COUNTY shall
2 4 be in arrears, for services provided during the preceding month, within forty-five ( 45) days after
25 receipt, verification and approval of CONTRACTOR's invoices by DSS. If CONTRACTOR should
2 6 fail to comply with any provision of this Agreement, COUNTY shall be relieved of its obligation for
2 7 further compensation. All final claims and I or any final budget modification requests shall be
2 8 submitted by CONTRACTOR within sixty ( 60) days following the final month of service for which
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1 payment is claimed. No action shall be taken by COUNTY on claims submitted beyond the sixty (60)
2 day closeout period. Any compensation which is not expended by CONTRACTOR pursuant to the
3 terms and conditions of this Agreement shall automatically revert to COUNTY.
4 The services provided by CONTRACTOR under this Agreement are funded in whole or
5 in part by the State of California. In the event that funding for these services is delayed by the State
6 Controller, COUNTY may defer payment to CONTRACTOR. The amount of the deferred payment
7 shall not exceed the amount of funding delayed by the State Controller to COUNTY. The period of
8 time of the deferral by COUNTY shall not exceed the period of time of the State Controller's delay of
9 payment to COUNTY plus forty-five (45) days.
10 5. INVOICING
11 CONTRACTOR shall invoice COUNTY in arrears by the tenth (lOth) of each month for
12 actual expenses incurred and services rendered in the previous month to:
13 DSSinvoices@co.fresno.ca.us. A monthly activity report shall accompany the invoice, reflecting
14 services supported by the invoiced expenditures and be in a form and in such detail as acceptable to
15 COUNTY's DSS.
16 At the discretion of COUNTY's DSS Director or designee, if an invoice is incorrect or is
17 otherwise not in proper form or substance, COUNTY's DSS Director or designee shall have the right
18 to withhold payment as to only that portion of the invoice that is incorrect or improper after five (5)
19 days prior written notice to CONTRACTOR. CONTRACTOR agrees to continue to provide services
2 0 for a period of ninety (90) days after notification of an incorrect or improper invoice. If after the
21 ninety (90) day period the invoice(s) is still not corrected to COUNTY's DSS satisfaction,
22 COUNTY's DSS Director or designee may elect to terminate this Agreement, pursuant to the
23 termination provisions stated in Section Three (3), subparagraph C of this Agreement, or the
24 COUNTY may elect to terminate this Agreement, pursuant to the termination provisions stated in
2 5 Section three (3) of this Agreement. In addition, for invoices received ninety (90) days after the
2 6 expiration of each term of this Agreement or termination of this Agreement, at the discretion of
27 COUNTY's DSS Director or designee, COUNTY's DSS shall have the right to deny payment of any
2 8 additional invoices received.
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2 6. INDEPENDENT CONTRACTOR
3 In performance of the work, duties, and obligations assumed by CONTRACTOR under
4 this Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of
5 CONTRACTOR's officers, agents, and employees will at all times be acting and performing as an
6 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
7 employee, joint venturer, partner, or associate of COUNTY. Furthermore, COUNTY shall have no
8 right to control or supervise or direct the manner or method by which CONTRACTOR shall perform
9 its work and function. However, COUNTY shall retain the right to administer this Agreement so as
10 to verify that CONTRACTOR is performing its obligations in accordance with the terms and
11 conditions thereof. CONTRACTOR and COUNTY shall comply with all applicable provisions of
12 law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters
13 which are directly or indirectly the subject ofthis Agreement.
14 Because of its status as an independent contractor, CONTRACTOR shall have
15 absolutely no right to employment rights and benefits available to COUNTY employees.
16 CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its employees
17 all legally-required employee benefits. In addition, CONTRACTOR shall be solely responsible and
18 save COUNTY harmless from all matters relating to payment of CONTRACTOR's employees,
19 including compliance with Social Security, withholding, and all other regulations governing such
2 0 matters. It is acknowledged that during the term of this Agreement, CONTRACTOR may be
21 providing services to others unrelated to COUNTY or to this Agreement.
22 7. MODIFICATION
23 A. Any matters of this Agreement may be modified from time to time by the written
24 consent of all the parties without, in any way, affecting the remainder.
25 B. Notwithstanding the above, changes to line items in the budget, attached hereto
2 6 as Exhibit B, in an amount not to exceed 10% of the total maximum annual compensation as identified
27 in Section Four (4) ofthis Agreement, may be made with the written approval of COUNTY's DSS
2 8 Director or designee and CONTRACTOR. Budget line item changes shall not result in any change to
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1 the maximum annual compensation amount payable to CONTRACTOR, as stated herein.
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c. CONTRACTOR hereby agrees that reductions to the maximum compensation
set forth in Section Four (4) of this Agreement may be necessitated by a reduction in funding from
State and/or Federal sources. In such an event, COUNTY's DSS Director or designee may reduce the
maximum compensation under this Agreement upon written notice to CONTRACTOR.
CONTRACTOR further understands that this Agreement is subject to any restrictions, limitations or
enactments of all legislative bodies which affect the provisions, term or funding of this Agreement in
any manner.
8. NON-ASSIGNMENT
10 Neither party shall assign, transfer or subcontract this Agreement nor their rights or
11 duties under this Agreement without the prior written consent of the other party.
12 9. HOLD-HARMLESS
13 CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY's request,
14 defend COUNTY, its officers, agents and employees from any and all costs and expenses, including
15 attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to
16 COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its officers,
1 7 agents or employees under this Agreement, and from any and all costs and expenses, including
18 attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to any
19 person, firm or corporation who may be injured or damaged by the performance, or failure to perform,
2 0 of CONTRACTOR, its officers, agents or employees under this Agreement. In addition,
21 CONTRACTOR agrees to indemnify COUNTY for Federal, State of California and/or local audit
22 exceptions resulting from noncompliance herein on the part of the CONTRACTOR.
23 10. INSURANCE
24 Without limiting COUNTY's right to obtain indemnification from CONTRACTOR or
2 5 any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect the
2 6 following insurance throughout the term of this Agreement:
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Commercial General Liability
Commercial General Liability Insurance with limits of not less than One Million
Dollars ($1 ,000,000) per occurrence and an annual aggregate of Two Million
Dollars ($2,000,000). This policy shall be issued on a per occurrence basis.
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COUNTY may require specific coverage including completed operations,
product liability, contractual liability, Explosion, Collapse, and Underground
(XCU), fire legal liability or any other liability insurance deemed necessary
because of the nature of the Agreement.
Automobile Liability
Comprehensive Automobile Liability Insurance with limits for bodily injury of
not less than Two Hundred Fifty Thousand Dollars ($250,000) per person, Five
Hundred Thousand Dollars ($500,000) per accident and for property damages of
not less than Fifty Thousand Dollars ($50,000), or such coverage with a
combined single limit of Five Hundred Thousand Dollars ($500,000). Coverage
should include owned and non-owned vehicles used in connection with this
Agreement.
Professional Liability
If CONTRACTOR employs licensed professional staff(e.g. Ph.D., R.N.,
L.C.S.W., M.F.C.T.) in providing services, Professional Liability Insurance with
limits of not less than One Million Dollars ($1 ,000,000) per occurrence, Three
Million Dollars ($3,000,000) annual aggregate.
Worker's Compensation
A policy of Worker's Compensation Insurance as may be required by the
California Labor Code.
CONTRACTOR shall obtain endorsements to the Commercial General Liability
insurance naming the County of Fresno, its officers, agents, and employees, individually and
collectively, as additional insured, but only insofar as the operations under this Agreement are
concerned. Such coverage for additional insured shall apply as primary insurance and any other
insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees shall be
excess only and not contributing with insurance provided under CONTRACTOR's policies herein.
This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance
written notice given to COUNTY.
Within thirty (30) days from the date CONTRACTOR signs this Agreement,
CONTRACTOR shall provide certificates of insurance and endorsements as stated above for all of
the foregoing policies, as required herein, to the County of Fresno, DSS, P.O. BOX 1912, Fresno,
California, 93 718-1912, Attention: Contracts, stating that such insurance coverages have been
obtained and are in full force; that the County of Fresno, its officers, agents and employees will not
be responsible for any premiums on the policies; that such Commercial General Liability insurance
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1 names the County of Fresno, its officers, agents and employees, individually and collectively, as
2 additional insured, but only insofar as the operations under this Agreement are concerned; that such
3 coverage for additional insured shall apply as primary insurance and any other insurance, or self-
4 insurance, maintained by COUNTY, its officers, agents and employees, shall be excess only and not
5 contributing with insurance provided under CONTRACTOR's policies herein; and that this insurance
6 shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice
7 given to COUNTY.
8 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as
9 herein provided, COUNTY may, in addition to other remedies it may have, suspend or terminate this
1 0 Agreement upon the occurrence of such event.
11 All policies shall be with admitted insurers licensed to do business in the State of
12 California. Insurance purchased shall be from companies possessing a current A.M. Best, Inc. rating
13 of A FSC VII or better.
14 11. SUBCONTRACTS
15 CONTRACTOR shall obtain written approval from COUNTY or COUNTY's DSS
16 Director, or designee before subcontracting any of the services delivered under this Agreement. Any
17 transferee, assignee or subcontractor will be subject to all applicable provisions of this Agreement, and
18 all applicable State and Federal regulations. CONTRACTOR shall be held primarily responsible by
19 COUNTY for the performance of any transferee, assignee or subcontractor unless otherwise expressly
2 0 agreed to in writing by COUNTY. The use of subcontractors by CONTRACTOR shall not entitle
21 CONTRACTOR to any additional compensation than is provided for under this Agreement.
22 12. CONFLICT OF INTEREST
23 No officer, agent, or employee of COUNTY who exercises any function or
2 4 responsibility for planning and carrying out the services provided under this Agreement shall have
2 5 any direct or indirect personal financial interest in this Agreement. No officer, agent, or employee of
2 6 COUNTY who exercises any function or responsibility for planning and carrying out the services
2 7 provided under this Agreement shall have any direct or indirect personal financial interest in this
2 8 Agreement. In addition, no employee of COUNTY shall be employed by CONTRACTOR to fulfill
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1 any contractual obligations with COUNTY. CONTRACTOR shall also comply with all Federal,
2 State of California, and local conflict of interest laws, statutes, and regulations, which shall be
3 applicable to all parties and beneficiaries under this Agreement and any officer, agent, or employee
4 ofCOUNTY.
5 13. NON-DISCRIMINATION
6 CONTRACTOR hereby agrees that in the performance of this Agreement, it will
7 comply with Title VI and VII of the Civil Rights Act of 1964 as amended; Section 504 of the
8 Rehabilitation Act of 1973 as amended; the Age Discrimination Act of 1975 as amended; the Food
9 Stamp Act of 1977, as amended and in particular section 272.6; Title II of the Americans with
10 Disabilities Act of 1990; California Civil Code Section 51 et seq., as amended; California Government
11 Code section 11135-11139.5, as amended; California Government Code section 12940 (c), (h) (1), (i),
12 and G); California Government Code section 4450; Title 22, California Code of Regulations section
13 98000-98413; Title 24 ofthe California Code of Regulations, Section 3105A(e); the Dymally-
14 Alatorre Bilingual Services Act (California Government Code Section 7290-7299.8); Section 1808 of
15 the Removal of Barriers to Interethnic Adoption Act of 1996; and other applicable federal and state
16 laws, as well as their implementing regulations [including 45 Code of Federal Regulations (CFR) Parts
17 80, 84, and 91, 7 CFR Part 15, and 28 CFR Part 42], by ensuring that employment practices and the
18 administration of public assistance and social services programs are nondiscriminatory, to the effect
19 that no person shall because of ethnic group identification, age, sex, color, disability, medical
2 0 condition, national origin, race, ancestry, marital status, religion, religious creed or political belief be
21 excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination
22 under any program or activity receiving federal or state financial assistance. Contractor agrees that it
23 will immediately take any measures necessary to effectuate the terms of this Non-Discrimination
24 agreement.
2 5 CONTRACTOR gives the above agreement in consideration of and for the purpose of
2 6 obtaining any and all federal and state assistance. CONTRACTOR hereby agrees that administrative
2 7 methods/procedures which have the effect of subjecting individuals to discrimination or defeating the
28 objectives of the California Department of Social Services (CDSS) Manual of Policies and Procedures
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1 (MPP) Chapter 21 will be prohibited.
2 CONTRACTOR agrees to compile data, maintain records and submit reports as
3 required, to permit effective enforcement of the aforementioned laws, rules and regulations and permit
4 authorized COUNTY, CDSS and/or federal government personnel, during normal working hours, to
5 review such records, books and accounts as needed to ascertain compliance. If there are any violations
6 of this Non-Discrimination section, CDSS shall have the right to invoke fiscal sanctions or other legal
7 remedies in accordance with Welfare and Institutions Code section 10605, or Government Code
8 section 11135-11139.5, or any other laws, or the issue may be referred to the appropriate federal
9 agency for further compliance action and enforcement of this section. Furthermore, if an allegation of
10 discrimination occurs, COUNTY may withhold all further funds, until CONTRACTOR can show
11 clear and convincing evidence to the satisfaction of COUNTY that funds provided under this
12 Agreement were not used in connection with the alleged discrimination.
13 A. Eligibility for Services
14 CONTRACTOR shall prepare and make available to COUNTY and to the public
15 all eligibility requirements to participate in the program plan set forth in Exhibit A.
16 B. Employment Opportunity
17 CONTRACTOR shall comply with the COUNTY policy, and the Equal
18 Employment Opportunity Commission guidelines, which forbids discrimination against any person on
19 the grounds of race, color, national origin, sex, religion, age or handicapped status in employment
2 0 practices. Such practices include retirement, recruitment advertising, hiring, layoff, termination,
21 upgrading, demotion, transfer, rates of pay or other forms of compensation, use of facilities and other
2 2 terms and conditions of employment.
23 C. Nepotism
24 Except by consent ofthe COUNTY'S Department of Social Services Director, or
2 5 designee, no person shall be employed by CONTRACTOR who is related by blood or marriage to, or
26 who is a member ofthe Board ofDirectors or an officer of CONTRACTOR.
27 D. The requirements stated above are binding on CONTRACTOR directly or
2 8 through contract, license, or other provider services, as long as it receives federal or state assistance.
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1 During the performance of this Agreement CONTRACTOR shall not unlawfully
2 discriminate against any employee or applicant for employment, or recipient of services, because of
3 ethnic group identification, gender, gender identity, gender expression, sexual orientation, color,
4 physical disability, mental disability, medical condition, national origin, race, ancestry, marital status,
5 religion, or religious creed, pursuant to all applicable State of California and Federal statutes and
6 regulations.
7 14. RECRUITMENT OF EMPLOYEES AND SERVICE TO CLIENTS
8 CONTRACTOR shall ensure that its employment recruitment efforts, including
9 administrative and professional staff positions, are carried out so as to adequately reflect the cultural
10 and ethnic diversity of the population of Fresno County. CONTRACTOR shall use its best efforts to
11 serve all cultural and ethnic groups residing in Fresno County. CONTRACTOR's employment efforts
12 will be monitored by COUNTY at periodic intervals.
13 15. LIMITED ENGLISH PROFICIENCY (LEP)
14 CONTRACTOR shall provide interpreting and translation services to persons
15 participating in CONTRACTOR's services who have limited or no English language proficiency,
16 including services to persons who are deaf or blind. Interpreter and translation services shall be
17 provided as necessary to allow such participants meaningful access to the programs, services and
18 benefits provided by CONTRACTOR. Interpreter and translation services, including translation of
19 CONTRACTOR's "vital documents" (those documents that contain information that is critical for
20 accessing CONTRACTOR's services or are required by law) shall be provided to participants at no
21 cost to the participant. CONTRACTOR shall ensure that any employees, agents, subcontractors, or
2 2 partners who interpret or translate for a program participant, or who directly communicate with a
2 3 program participant in a language other than English, demonstrate proficiency in the participant's
24 language and can effectively communicate any specialized terms and concepts peculiar to
25 CONTRACTOR's services.
26 16. DATA SECURITY
27 For the purpose of preventing the potential loss, misappropriation or inadvertent
2 8 disclosure of COUNTY data including sensitive or personal client information; abuse of COUNTY
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1 resources; and/or disruption to COUNTY operations, individuals and/or agencies that enter into a
2 contractual relationship with COUNTY for the purpose of providing services under this Agreement
3 must employ adequate data security measures to protect the confidential information provided to
4 CONTRACTOR by COUNTY, including but not limited to the following:
5 A. Contractor-Owned Mobile/Wireless/Handheld Devices may not be connected to
6 COUNTY networks via personally owned mobile, wireless or handheld devices, except when
7 authorized by COUNTY for telecommuting and then only if virus protection software currency
8 agreements are in place, and if a secure connection is used.
9 B. Contractor-Owned Computers or Computer Peripherals may not brought into
10 COUNTY for use, including and not limited to mobile storage devices, without prior authorization
11 from COUNTY's Chief Information Officer or her designee. Data must be stored on a secure server
12 approved by COUNTY and transferred by means of a VPN (Virtual Private Network) connection, or
13 another type of secure connection of this type if any data is approved to be transferred.
14 C. County-Owned Computer Equipment-CONTRACTOR or anyone having an
15 employment relationship with COUNTY may not use COUNTY computers or computer peripherals
16 on non-COUNTY premises without prior authorization from COUNTY's Chieflnformation Officer or
1 7 her designee.
18 D. CONTRACTOR may not store COUNTY private, confidential or sensitive data
19 on any hard-disk drive.
20 E. CONTRACTOR is responsible to employ strict controls to insure the integrity
21 and security of COUNTY confidential information and to prevent unauthorized access to data
2 2 maintained in computer files, program documentation, data processing systems, data files and data
2 3 processing equipment which stores or processes COUNTY data internally and externally.
24 F. Confidential client information transmitted to one party by the other by means of
2 5 electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of
2 6 128 BIT or higher. Additionally, a password or pass phrase must be utilized.
27 G. CONTRACTOR is responsible to immediately notify COUNTY of any breaches
2 8 or potential breaches of security related to COUNTY confidential information, data maintained in
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1 computer files, program documentation, data processing systems, data files and data processing
2 equipment which stores or processes COUNTY data internally or externally.
3 H. In the event of a breach of security related to COUNTY confidential client
4 information provided to CONTRACTOR, COUNTY will manage the response to the incident,
5 however, CONTRACTOR will be responsible to issue any notification to affected individuals as
6 required by law or as deemed necessary by COUNTY in its sole discretion. CONTRACTOR will be
7 responsible for all costs incurred as a result of providing the required notification. When no longer
8 needed, all Medi-Cal Personally Identifiable Information, as defined in the Medi-Cal Data Privacy and
9 Security Agreement between the California DHCS and the County of Fresno, Agreement No. A-14-
10 075, whether stored in print or electronic format, must be destroyed or disposed of through
11 confidential means, as described in Agreement A-14-075. Agreement No. A-14-075 is available upon
12 request or can be viewed at: http://www.co.fresno.ca.us/MediCalPrivacy.
13 I. The requirements in this Data Security provision shall apply to
14 CONTRACTOR's subcontractors, ifany.
15 17. MEDI-CAL PRIVACY
16 All services performed by CONTRACTOR under this Agreement shall be in strict
17 conformance with all applicable Federal, State of California, and/or local laws and regulations relating
18 to confidentiality including, but not limited to: California Welfare and Institutions Code Sections
19 10850 and 14100.2; the CDSS Manual ofPolicies and Procedures, Division 19-0000; the California
20 Department of Health Care Services (DHCS) Medi-Cal Eligibility Procedures Manual, Section 2H;
21 and the Medi-Cal Data Privacy and Security Agreement between the California DHCS and the County
22 of Fresno, Agreement No. A-14-075, by this reference incorporated herein, to assure that all
2 3 applications and records concerning program recipients shall be kept confidential and shall not be
24 opened to examination, publicized, disclosed, or used for any purpose not directly connected with
25 administration of the program. Agreement No. A-14-075 is available upon request or can be viewed
26 at: http://www.co.fresno.ca.us/MediCalPrivacy. CONTRACTOR shall inform all of its employees,
2 7 agents, officers, subcontractors, Board of Directors members or partners of this provision; and that any
2 8 person knowingly and intentionally violating this provision is guilty of a misdemeanor.
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1 18. CLEAN AIR AND WATER
2 In the event the funding under this Agreement exceeds One Hundred Thousand and
3 No/1 00 Dollars ($1 00,000.00), CONTRACTOR shall comply with all applicable standards, orders,
4 or requirements issued under the Clean Air Act contained in 42 U.S. Code 7601 et seq.; the Clean
5 Water Act contained in 33 U.S. Code 1368 et seq.; and any standards, laws, and regulations
6 promulgated thereunder. Under these laws and regulations, CONTRACTOR shall assure:
7 A. No facility shall be utilized in the performance of the Agreement that has been
8 listed on the Environmental Protection Agency (EPA) list of Violating Facilities;
9 B. COUNTY shall be notified prior to execution of this Agreement of the receipt
10 of any communication from the Director, Office ofFederal Activities, U.S. EPA indicating that a
11 facility to be utilized in the performance of this Agreement is under consideration to be listed on the
12 EPA list of Violating Facilities;
13 c. COUNTY and U.S. EPA shall be notified about any known violation ofthe
14 above laws and regulations; and
15 D. This assurance shall be included in every nonexempt subgrant, contract, or
16 subcontract.
17 19. DRUG-FREE WORKPLACE REQUIREMENTS
18 For purposes of this paragraph, CONTRACTOR will be referred to as the "grantee".
19 By drawing funds against this grant award, the grantee is providing the certification that is required
2 0 by regulations implementing the Drug-Free Workplace Act of 1988, 45 CFR Part 76, Subpart F.
21 These regulations require certification by grantees that they will maintain a drug-free workplace.
22 False certification or violation of the certification shall be grounds for suspension of payments,
2 3 suspension or termination of grants, or government wide suspension or debarment.
24 20.
25
26
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED
TRANSACTIONS
A. COUNTY and CONTRACTOR recognize that Federal assistance funds will be
27 used under the terms of this Agreement. For purposes of this paragraph, CONTRACTOR will be
2 8 referred to as the "prospective recipient".
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1 B. This certification is required by the regulation implementing Executive Order
2 12549, Debarment and Suspension, 29 CFR Part 98, section 98.510, Participant's responsibilities.
3 1) The prospective recipient of Federal assistance funds certified by
4 entering into this Agreement, that neither it nor its principals are presently debarred, suspended,
5 proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
6 transaction by any Federal department or agency.
7 2) The prospective recipient of funds agrees by entering into this
8 Agreement, that it shall not knowingly enter into any lower tier covered transaction with a person
9 who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
10 covered transaction, unless authorized by the Federal department or agency with which this
11 transaction originated.
12 3) Where the prospective recipient of Federal assistance funds is unable to
13 certify to any of the statements in this certification, such prospective participant shall attach an
14 explanation to this Agreement.
15 4) The prospective recipient shall provide immediate written notice to
16 COUNTY if at any time prospective recipient learns that its certification in Paragraph twenty (20) of
17 this Agreement was erroneous when submitted or has become erroneous by reason of changed
18 circumstances.
19 5) The prospective recipient further agrees that by entering into this
2 0 Agreement, it will include a clause identical to Paragraph twenty (20) of this Agreement and titled
21 "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier
22 Covered Transactions", in all lower tier covered transactions and in all solicitations for lower tier
2 3 covered transaction.
24 6) The certification in Paragraph twenty (20) of this Agreement is a material
2 5 representation of fact upon which COUNTY relied in entering into this Agreement.
26 21. DISCLOSURE OF SELF-DEALING TRANSACTIONS
2 7 This provision is only applicable if CONTRACTOR is operating as a corporation (a for-
2 8 profit or non-profit corporation) or if during the term of this Agreement, CONTRACTOR changes its
-16 -COUN'lY OF FRESNO
Fresno, C:"\
1 status to operate as a corporation.
2 Members of CONTRACTOR's Board of Directors shall disclose any self-dealing
3 transactions that they are a party to while CONTRACTOR is providing goods or performing services
4 under this Agreement. A self-dealing transaction shall mean a transaction to which CONTRACTOR
5 is a party and in which one or more of its directors has a material financial interest. Members of the
6 Board of Directors shall disclose any self-dealing transactions that they are a party to by completing
7 and signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit C and by this
8 reference incorporated herein, and submitting it to COUNTY prior to commencing with the self-
9 dealing transaction or immediately thereafter.
10 22. ACKNOWLEDGEMENT
11 CONTRACTOR shall acknowledge in all public relations activities, materials and
12 publications that COUNTY is the funding source for services to be provided through this Agreement.
13 23. POLITICAL ACTIVITY
14 None of the funds, materials, property or services provided directly or indirectly under
15 this Agreement shall be used for any political activity, or to further the election or defeat of any
16 candidate for public office.
17 24. LOBBYING ACTIVITY
18 None of the funds provided under this Agreement shall be used for publicity, lobbying or
19 propaganda purposes designed to support or defeat legislation pending in the Congress of the United
2 0 States of America or the Legislature of the State of California.
21 25. STATE ENERGY CONSERVATION
2 2 CONTRACTOR shall recognize the mandatory standard and policies relating to energy
2 3 efficiency in the State Energy Conservation Plan as required by the United States Energy Policy and
24 Conservation Act (42 U.S.C. section 6201, et seq).
25 26. FRATERNIZATION
2 6 CONTRACTOR shall establish procedures addressing fraternization between
2 7 CONTRACTOR staff and clients. Such procedures will include provisions for informing
2 8 CONTRACTOR staff and clients regarding fraternization guidelines.
-17 -COUNTY OF FRESNO
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1 27. INTERPRETATION OF LAWS AND REGULATIONS
2 COUNTY reserves the right to make final interpretations or clarifications on issues
3 relating to Federal and State laws and regulations, to ensure compliance.
4 28. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
5 COUNTY and PROVIDER, their officers, consultants, subcontractors, agents, and
6 employees shall comply with all applicable State, Federal, and local laws and regulations governing
7 projects that utilize Federal Funds.
8 29. GRIEVANCES
9 CONTRACTOR shall establish procedures for handling client complaints and/or
1 0 gnevances. Such procedures will include provisions for informing clients of their rights to a State
11 Hearing to resolve such issues.
12 30. RECORDS
13 A. Record Establishment and Maintenance
14 CONTRACTOR shall establish and maintain records in accordance with those
15 requirements prescribed by COUNTY, with respect to all matters covered by this Agreement.
16 CONTRACTOR shall retain all fiscal books, account records and client files for services performed
17 under this Agreement for at least three (3) years from date of final payment under this Agreement or
18 until all State and Federal audits are completed for that fiscal year, whichever is later.
19 B. Cost Documentation
20 1) CONTRACTOR shall submit to COUNTY within ten (10) calendar days
21 following the end of each month, all fiscal and program reports for that month. CONTRACTOR shall
22 also furnish to COUNTY such statements, records, data and information as COUNTY may request
2 3 pertaining to matters covered by this Agreement. In the event that CONTRACTOR fails to provide
2 4 reports as provided herein, it shall be deemed sufficient cause for COUNTY to withhold payments
2 5 until compliance is established.
26 2) All costs shall be supported by properly executed payrolls, time records,
2 7 invoices, vouchers, orders, or any other accounting documents pertaining in whole or in part to this
2 8 Agreement and they shall be clearly identified and readily accessible. The support documentation
-18 -COUN'IY OF FRESNO
Fresno, CA
1 must indicate the line budget account number to which the cost is charged.
2 3) COUNTY shall notify CONTRACTOR in writing within thirty (30) days
3 of any potential State or Federal audit exception discovered during an examination. Where findings
4 indicate that program requirements are not being met and State or Federal participation in this program
5 may be imperiled in the event that corrections are not accomplished by CONTRACTOR within thirty
6 (30) days of receipt of such notice from COUNTY, written notification thereof shall constitute
7 COUNTY's intent to terminate this Agreement.
8 C. Service Documentation
9 CONTRACTOR agrees to maintain records to verify services under this
1 0 Agreement including names and addresses of clients served, the date of service and a description of
11 services provided on each occasion. These records and any other document pertaining in whole or in
12 part to this Agreement shall be clearly identified and readily accessible.
13 D. Use of Data
14 CONTRACTOR shall grant to COUNTY and the United States Department
15 Health and Human Services the royalty-free, nonexclusive and irrevocable license throughout the
16 world to publish, translate, reproduce, deliver, perform, dispose of, duplicate, use, disclose in any
17 manner and for any purpose whatsoever and to authorize others to do so, all subject data now or
18 hereafter covered by copyright. However, with respect to subject data not originated in the
19 performance of this Agreement, such license shall be only to the extent that CONTRACTOR has the
2 0 right to grant such license without becoming liable to pay any compensation to others because of such
21 grant. CONTRACTOR shall exert all reasonable effort to advise COUNTY at time of delivery of
2 2 subject data furnished under this Agreement, of all possible invasions of the right of privacy therein
2 3 contained, and of all portions of such subject data copied from work not composed or produced in the
2 4 performance of this Agreement and not licensed under this provision.
2 5 As used in this clause, the term "Subject Data" means writing, sound recordings,
2 6 pictorial reproductions, drawings, designs or graphic representations, procedural manuals, forms,
2 7 diagrams, work flow charts, equipment descriptions, data files and data processing of computer
2 8 programs, and works of any similar nature (whether or not copyrighted or copyrightable) which are
-19 -COUNTY OF FRESNO
Fresno, CA
1 first produced or developed under this Agreement. The term does not include financial reports, cost
2 analyses, and similar information incidental to contract administration.
3 CONTRACTOR shall report to COUNTY promptly and in written detail, each
4 notice of claim of copyright infringement received by CONTRACTOR with respect to all subject data
5 delivered under this Agreement. CONTRACTOR shall not affix any restrictive markings upon any
6 data. If markings are affixed, COUNTY shall have the right at any time to modify, remove, obliterate
7 or ignore such markings.
8 COUNTY shall have access to any report, preliminary findings or data
9 assembled by CONTRACTOR under this Agreement. In addition, CONTRACTOR must receive
10 written permission from COUNTY prior to publication of any materials developed under this
11 Agreement and file with COUNTY a copy of all educational and training materials, curricula,
12 audio/visual aids, printed material and periodicals, assembled pursuant to this Agreement prior to
13 publication.
14 31. SINGLE AUDIT CLAUSE
15 A. If CONTRACTOR expends Five Hundred Thousand Dollars ($500,000.00) or
16 more in Federal and Federal flow-through monies, CONTRACTOR agrees to conduct an annual
17 audit in accordance with the requirements ofthe Single Audit Standards as set forth in Office of
18 Management and Budget (OMB) Circular A-133, and A-122. CONTRACTOR shall submit said
19 audit and management letter to COUNTY. The audit must include a statement of findings or a
20 statement that there were no findings. lfthere were negative findings, CONTRACTOR must include
21 a corrective action plan signed by an authorized individual. CONTRACTOR agrees to take action to
22 correct any material non-compliance or weakness found as a result of such audit. Such audit shall be
23 delivered to COUNTY's Human Services System, Administration, for review within nine (9) months
24 of the end of any fiscal year in which funds were expended and/or received for the program. Failure
2 5 to perform the requisite audit functions as required by this Agreement may result in COUNTY
26 performing the necessary audit tasks, or at COUNTY's option, contracting with a public accountant
2 7 to perform said audit, or, may result in the inability of COUNTY to enter into future agreements with
2 8 CONTRACTOR. All audit costs related to this Agreement are the sole responsibility of
-20 -COUNTY OF FRESNO
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1 CONTRACTOR.
2 B. A single audit report is not applicable if all CONTRACTOR's Federal contracts
3 do not exceed the Five Hundred Thousand Dollars ($500,000.00) requirement or CONTRACTOR's
4 only funding is through Drug related Medi-Cal. If a single audit is not applicable, a program audit
5 must be performed and a program audit report with management letter shall be submitted by
6 CONTRACTOR to COUNTY as a minimum requirement to attest to CONTRACTOR's solvency.
7 Said audit report shall be delivered to COUNTY's DSS for review no later than nine (9) months after
8 the close of the fiscal year in which the funds supplied through this Agreement are expended. Failure
9 to comply with this Act may result in COUNTY performing the necessary audit tasks or contracting
10 with a qualified accountant to perform said audit. All audit costs related to this Agreement are the
11 sole responsibility of CONTRACTOR who agrees to take corrective action to eliminate any material
12 noncompliance or weakness found as a result of such audit. Audit work performed by COUNTY
13 under this paragraph shall be billed to the CONTRACTOR at COUNTY cost, as determined by
14 COUNTY's Auditor-Controller/Treasurer-Tax Collector.
15 C. CONTRACTOR shall make available all records and accounts for inspection by
16 COUNTY, the State of California, if applicable, the Comptroller General ofthe United States, the
17 Federal Grantor Agency, or any oftheir duly authorized representatives, at all reasonable times for a
18 period of at least three (3) years following final payment under this Agreement or the closure of all
19 other pending matters, whichever is later.
20 32. TAX EQUITY AND FISCAL RESPONSIBILITY ACT
21 To the extent necessary to prevent disallowance of reimbursement under section 1861 (v)
22 (1) (I) of the Social Security Act, (42 U.S.C. § 1395x, subd. (v)(l)[I]), until the expiration of four (4)
2 3 years after the furnishing of services under this Agreement, CONTRACTOR shall make available,
24 upon written request to the Secretary of the United States Department of Health and Human Services,
25 or upon request to the Comptroller General of the United States General Accounting Office, or any of
26 their duly authorized representatives, a copy ofthis Agreement and such books, documents, and
2 7 records as are necessary to certify the nature and extent of the costs of these services provided by
2 8 CONTRACTOR under this Agreement. CONTRACTOR further agrees that in the event
-21 -COUNTY OF FRESNO
Fresno, CA.
1 CONTRACTOR carries out any of its duties under this Agreement through a subcontract, with a value
2 or cost of Ten Thousand and Noll 00 Dollars ($1 0,000.00) or more over a twelve (12) month period,
3 with a related organization, such Agreement shall contain a clause to the effect that until the expiration
4 of four ( 4) years after the furnishing of such services pursuant to such subcontract, the related
5 organizations shall make available, upon written request to the Secretary of the United States
6 Department of Health and Human Services, or upon request to the Comptroller General of the United
7 States General Accounting Office, or any of their duly authorized representatives, a copy of such
8 subcontract and such books, documents, and records of such organization as are necessary to verify the
9 nature and extent of such costs.
10 33. CHILD ABUSE REPORTING
11 CONTRACTOR's employees, volunteers, consultants, subcontractors or agents
12 performing services under this Agreement shall report all known or suspected child abuse or neglect to
13 one or more of the agencies set forth in Penal Code section 11165.9. This procedure shall include
14 having all of CONTRACTOR's employees, volunteers, consultants, subcontractors or agents
15 performing services under this Agreement sign a statement that he or she knows of and will comply
16 with the reporting requirements set forth in Penal Code section 11166. The statement to be utilized by
17 CONTRACTOR is set forth in Exhibit D, Notice of Child Abuse Reporting Law, attached hereto and
18 by this reference incorporated herein.
19 34. CHARITABLE CHOICE
2 0 CONTRACTOR may not discriminate in its program delivery against a client or
21 potential client on the basis of religion or religious belief, a refusal to hold a religious belief, or a
22 refusal to actively participate in a religious practice. Any specifically religious activity or service made
2 3 available to individuals by CONTRACTOR must be voluntary as well as separate in time and location
24 from County funded activities and services. CONTRACTOR shall inform COUNTY as to whether it
2 5 is faith-based. If CONTRACTOR identifies as faith-based it must submit to DSS a copy of its policy
2 6 on referring individuals to an alternate treatment provider, and include a copy of this policy in its
2 7 client admission forms. The policy must inform individuals that they may be referred to an alternative
28 provider if they object to the religious nature of the program, and include a notice to DSS. Adherence
-22 -COUN'IY OF FRESNO
Fresno, C\
1 to this policy will be monitored during annual site reviews, and a review of client files. If
2 CONTRACTOR identifies as faith-based, by July 1 of each year CONTRACTOR will be required to
3 report to DSS the number of individuals who requested referrals to alternate providers based on
4 religious objection.
5 35. PROHIBITION ON PUBLICITY
6 None of the funds, materials, property or services provided directly or indirectly under
7 this Agreement shall be used for CONTRACTOR's advertising, fundraising, or publicity (i.e.,
8 purchasing of tickets/tables, silent auction donations, etc.) for the purpose of self-promotion.
9 Notwithstanding the above, publicity of the services described in Paragraph One (1) of this Agreement
1 0 shall be allowed as necessary to raise public awareness about the availability of such specific services
11 when approved in advance by the Director or designee and at a cost as provided in Exhibit B for such
12 items as written/printed materials, the use of media (i.e., radio, television, newspapers) and any other
13 related expense(s).
14 36. AUDITS AND INSPECTIONS
15 CONTRACTOR shall at any time during business hours, and as often as COUNTY may
16 deem necessary, make available to COUNTY for examination all of its records and data with respect
17 to the matters covered by this Agreement. CONTRACTOR shall, upon request by COUNTY, permit
18 COUNTY to audit and inspect all such records and data necessary to ensure CONTRACTOR's
19 compliance with the terms of this Agreement.
2 0 If this Agreement exceeds Ten Thousand and Noll 00 Dollars ($1 0,000.00),
21 CONTRACTOR shall be subject to the examination and audit of the State of California Auditor
22 General for a period of three (3) years after final payment under contract (California Government
23 Code section 8546.7).
24 In addition, CONTRACTOR shall cooperate and participate with COUNTY's fiscal
25 review process and comply with all final determinations rendered by the COUNTY's fiscal review
26 process. If COUNTY reaches an adverse decision regarding CONTRACTOR's services to
2 7 consumers, it may result in the disallowance of payment for services rendered; or in additional
2 8 controls to the delivery of services, or in the termination of this Agreement, at the discretion of
-23 -COUNTY OF FRESNO
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1 COUNTY's DSS Director or designee. If as a result of COUNTY's fiscal review process a
2 disallowance is discovered due to CONTRACTOR's deficiency, CONTRACTOR shall be financially
3 liable for the amount previously paid by COUNTY to CONTRACTOR and this disallowance will be
4 adjusted from CONTRACTOR's future payments, at the discretion of COUNTY's DSS Director or
5 designee. In addition, COUNTY shall have the sole discretion in the determination of fiscal review
6 outcomes, decisions and actions.
7 37. NOTICES
8 The persons having authority to give and receive notices under this Agreement and their
9 addresses include the following:
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14 38.
COUNTY
Director, County of Fresno
Department of Social Services
PO BOX 1912
Fresno, CA 93718-1912
CONTRACTOR
Executive Director
Reading and Beyond
4670 E. Butler A venue
Fresno, CA 93727
CHANGE OF LEADERSHIP I MANAGEMENT
15 Any and all notices between COUNTY and CONTRACTOR provided for or permitted
16 under this Agreement or by law, shall be in writing and shall be deemed duly served when personally
17 delivered to one of the parties, or in lieu of such personal service, when deposited in the United
18 States Mail, postage prepaid, addressed to such party.
19 In the event of any change in the status of CONTRACTOR'S leadership or
2 0 management, CONTRACTOR shall provide written notice to COUNTY within thirty (30) days from
21 the date of change. Such notification shall include any new leader or manager's name, address and
22 qualifications. "Leadership or management" shall include any employee, member, or owner of
23 CONTRACTOR who either a) directs individuals providing services pursuant to this Agreement, b)
24 exercises control over the manner in which services are provided, or c) has authority over
25 CONTRACTOR's finances.
26 39. GOVERNING LAW
2 7 The parties agree, that for the purposes of venue, performance under this Agreement is
2 8 to be in Fresno County, California.
-24 -COUNTY OF FRESNO
Fresno, CA
1 The rights and obligations of the parties and all interpretation and performance of this
2 Agreement shall be governed in all respects by the laws of the State of California.
3 40. ENTIRE AGREEMENT
4 This Agreement, including all Exhibits, COUNTY's Revised RFP No.962-5304 and
5 CONTRACTOR's response thereto, constitutes the entire agreement between CONTRACTOR and
6 COUNTY with respect to the subject matter hereof and supersedes all previous agreement
7 negotiations, proposals, commitments, writings, advertisements, publications and understandings of
8 any nature whatsoever unless expressly included in this Agreement.
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-25 -C:OUN'IY OF fRESNO
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
3 ATTEST:
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CONTRACTOR:
READING AND BEYOND
Print Name: H-o.'I"Jt-,., b"hu1Sa
Title: C h41q'.t6~1ft d & l3cU,..J
Chairman of the Board, or
President, or any Vice President
Print Name: ~:-eh.YJ ;r. (.110ttt 15[:
Title: C~ttf~~l/er
Secretary (of Corporation), or
any Assistant Secretary, or
ChiefFinancial Officer, or
any Assistant Treasurer
Mailing Address:
4670 E. Butler A venue
Fresno, CA 93702
Phone No.: (559) 600-6185
Contact: , Executive Director
-26 -
COUNTY OF FRESNO
BERNICE E. SEIDEL, Clerk
Board of Supervisors
PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
COUN'IY OF FRESNO
Fresno, C\
1
APPROVED AS TO LEGAL FORM: 2 DANIEL C. CEDERBORG, COUNTY COUNSEL
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OVED AS TO ACCOUNTIN
VIC I CROW, C.P.A., AUDITOR-
TREASURER-TAX COLLECTOR
By ~~ Z 1-et2<4 #
REVIEWED AND RECOMMENDED
FOR APPROVAL:
eira, Director
15 Departmen of Social Services
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21 Fund/Subclass: 0001/10000
Organization: 561 07001
Account/Program: 7870 22
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-27 -COUNTY OF FRESNO
Fresno, CA
ORGANIZATION:
ADDRESS:
CONTACT:
SERVICES:
Summary of Services
Reading and Beyond
4670 E. Butler Avenue Fresno, CA 93702-4608
Nikki Newsome, Program Manager
(559) 492-2201
CaiFresh Employment and Training
Exhibit A
Page 1 of 4
CONTRACT PERIOD
AND AMOUNTS:
January 6, 2015 through September 30, 2015 ($371 ,301)
October 1, 2015 through September 30, 2016 ($494,000)
October 1, 2016 through September 30, 2017 ($494,000)
SUMMARY OF SERVICES:
Reading and Beyond (RAB) shall provide a CaiFresh Employment and Training
program for Non-Assistance CaiFresh families which will include Job Search Training,
Education and Job Retention services as well as assist with access to Work Experience
and Vocational Training opportunities. Based on individual needs, RAB shall provide
additional services to improve employment, including but not limited to, parenting skills,
life skills, nutrition education and reimbursements for transportation, clothing, work
related tools, work licenses, housing assistance as well as other supportive services,
information and referral services.
TARGET POPULATION:
Non-Assistance Cal Fresh (NACF) families in metro Fresno (zip codes: 93701, 93702,
93703, 93704, 93705, 93706, 93721, 93722, 93725, 93726, 93727 and 93728).
CONTRACTOR RESPONSIBILITIES:
RAB shall provide CaiFresh Employment and Training services to clients referred and
accepted to the program. When a referral is received, RAB shall review the referral,
conduct an intake assessment, and provide services accordingly. RAB shall ensure all
participants are and remain CaiFresh eligible.
RAB shall provide the following services:
1. Case Management Services:
RAB shall develop a comprehensive service plan for each participant that
includes, but is not limited to the following:
• Intake: Conduct individual program orientation; interview individual
participant to identify strengths, weaknesses, needs and issues, including
social, housing, transportation, child care, medical, environment, physical
and emotional and financial issues. Assess family member's needs and
concerns, work and education background.
Exhibit A
Page 2 of 4
• Service Plan: Develop a service plan for the individual and family which
includes activities to be undertaken by the participant and services to be
provided by RAB in order to meet the service objectives and goals. The
service plan shall also include a plan to insure services are provided
appropriately and timely. Plan shall also include reassessment to determine
progress toward established goals.
RAB shall maintain an individual case file on each participant that includes, but
not limited to, the following:
a. Documentation of referral from COUNTY;
b. Current signed and dated grievance procedure;
c. Intake information and assessment;
d. Individual service plan and updates;
e. Case narrative: chronological record of individual interviews, counseling
sessions, services provided and/or other relevant contacts with participants,
including dates, situations, actions taken and results;
f. Relevant and/or appropriate information, documentation, and
correspondence relating to services provided to participants;
g. Attendance, progress and completion records for each component/program
activity;
h. Job search records;
i. Job application and resume; and
j. Termination summary indicating reason for termination, services provided
and outcomes.
k. Completion summary indicating services provide and outcomes.
2. Job Search Training: Provide Job Search Training consisting of curriculum that
includes, but is not limited to the following:
• Effective communication
• Problem solving
• Employer expectations
• Appropriate dress and hygiene
• Interview skills
• Continuing education
• Goal setting and attainment
• Obtaining and retaining employment
• Lifelong learning
• Teamwork
• Resume preparation
• Money management
3. Education: Individuals determined by a Case Manager to require additional
education will be provided the following:
• Enrollment in Workforce Investment Board sponsored trainings.
• Enrollment in appropriate certificate training program.
• GED/High School Diploma preparation.
Exhibit A
Page 3 of 4
• Adult Basic Education, digital literacy and language improvement.
• Traditional post-secondary education including Associate's and Bachelor's
Degree.
4. Job Retention: Provide job retention services, up to 90 days after employment,
to assist participants in retaining jobs and/or promoting to better jobs. Case
Managers will provide follow-up services to monitor and evaluate progress
toward job retention and self-sufficiency. Job Retention services include:
• Supportive services including reimbursements for:
o Transportation;
o Childcare; and
o Ancillary items.
• Monthly Case Management including:
o Job coaching;
o Financial counseling;
o Social support development;
o Problem solving for childcare and transportation issues; and
o Evaluation of the success of the placement and participant satisfaction
with the services.
CONTRACTOR SHALL BE RESPONSIBLE FOR THE FOLLOWING:
• RAB shall maintain secure participant case files and limit access to insure
confidentiality.
• RAB shall meet with County staff monthly to exchange pertinent information,
resolve problems and work together to coordinate services.
COUNTY SHALL BE RESPONSIBLE FOR THE FOLLOWING:
• DSS shall be responsible for referring NACF recipients residing in the pertinent
zip codes to RAB for Employment and Training services.
• DSS staff shall meet with RAB's staff as often as needed to exchange pertinent
information, resolve problems, and work together to effectively coordinate
services.
PERFORMANCE MEASUREMENTS:
Overall Service Objective:
RAB shall provide employment training activities to assist NACF recipients in obtaining
self-sufficiency.
Specific Performance Measurements:
Exhibit A
Page 4 of 4
For these contract periods, RAB shall meet the following performance measurements
and levels:
PERFORMANCE OUTCOMES:
PERFORMANCE MEASURE JANUARY6,2015-OCTOBER 1, 2015-OCTOBER 1, 2016-
EXPECTED LEVEL OF SEPTEMBER 30,2015 SEPTEMBER 30, 2016 SEPTEMBER 30, 2017
PERFORMANCE (9 MONTH TERM) (12 MONTH TERM) (12 MONTH TERM)
Performance Measure 1:
Enrollment -The number of 400 NACF 400 NACF 400 NACF
unduplicated NACF recipients to recipients enrolled recipients enrolled recipients enrolled
enroll in Cal Fresh E& T services by in E& T services in E& T services in E&T services
the end of the contract term.
Performance Measure 2:
Entered Employment -50% of enrolled 50% of enrolled 50% of enrolled
Number of participants placed in participants or participants or participants or
employment during program 200 participants 200 participants 200 participants
participation.
Performance Measure 3:
Job Retention at 90 days -50% of participants 50% of participants 50% of participants
Participants who are placed in new entered entered entered
positions will maintain that position employment or employment or employment or
for up to 90 days. 1 00 participants 1 00 participants 1 00 participants
Performance Measure 4:
CaiFresh benefits termination -70% of participants 70% of participants 70% of participants
Participants who entered who entered who entered who entered
employment will have terminated employment or employment or employment or
CaiFresh benefits. 140 participants 140 participants 140 participants
Performance Measure 5: 100% of 100% of
Cal Fresh benefits reduction -100% of participants participants who participants who
Participants who entered who entered entered entered
employment will have reduced employment or employment or employment or
CaiFresh benefits. 200 participants 200 participants 200 participants
Performance Measure 6:
Enrolled in a vocational or 50% of participants 50% of participants 50% of participants
educational program -receiving program receiving program receiving program
Participants will be enrolled in services or services or services or
educational or vocational programs. 200 participants 200 participants 200 participants
Performance Measure 7: 25% of participants 25% of participants 25% of participants
Completing a vocational or enrolled in enrolled in enrolled in
educational program -vocational or vocational or vocational or
Participants enrolled in educational educational educational educational
or vocational programs will program or program or program or
complete their educational goals. 50 participants 50 participants 50 _2_articipants
BUDGET SUMMARY
FY 2014-15
ORGANIZATION: Reading and Beyond
SERVICES: CaiFresh Employment and Training Program
CONTRACT PERIOD: January 6, 2015-September 30, 2015 (9 months)
CONTRACT AMOUNT: $371,301
BUDGET CATEGORIES
SALARIES & BENEFITS
Salaries
Benefits
Payroll Taxes
Subtotal ........... .
SERVICE & SUPPLIES
Insurance
Communications
Consultant Services
Office Expense
Office Rental
Equipment Rental
Utilities
Travel
Contracts
Transportation
Program Supplies/Services
Other (Indirect Costs)
Subtotal ......... .
ACCOUNT
NUMBER
0100
0150
0175
0200
0250
0300
0350
0400
0450
0500
0550
0650
0700
0750
0800
MAXIMUM ANCILLARY/SUPPORT SERVICES EXPENDITURES
TOTAL
Exhibit 8
Page 1 of 8
AMOUNT
$184,400.00
36,878.00
18,146.00
$239,424.00
$1,835.00
630.00
0
1,800.00
4,320.00
0
0
4,500.00
7,050.00
825.00
5,393.00
42,524.00
$68,877.00
$63,000
$371,301.00
PERSONNEL AND EMPLOYEE BENEFITS
FY 2014-15
ORGANIZATION: Reading & Beyond
SERVICES: Cal Fresh Employment and Training Program
CONTRACT PERIOD: January 6, 2015-September 30, 2015
CONTRACT AMOUNT: $371 ,301
PERSONNEL/SALARIES:
Position and/or No. of
Title Persons %of Time on Total Cost
Executive Director 1 10% $ 8,100.00
Program Manager 1 47% $20,549.00
Research & Development 1 7% $ 3,525.00 Director
Lead Career Family 1 100% $27,072.00 Navigator
Career Family Navigator 1 100% $26,253.00
Career Family Navigator 1 100% $24,003.00
Career Family Navigator 2 100% $46,656.00
Career Family Navigator 1 100% $22,617.00
GED Tutor 1 25% $ 5,625.00
Total Salaries $184,400.00
BENEFITS
Employment Benefits & Payroll Taxes:
FICA (7.65% x $184,400)
SUI {6.2% up to $7,000 x 8) + {6.2% x {$3,525+$5,625)
Medical ($426.47 x 6.89 FTE x 9 months)
Annual Leave Benefits ($51.10 x 6.89 x 9 months)
401k Match (4% X $178,775 & 2% X $5,625)
Exhibit B
Page 2 of 8
$14,107.00
$ 4,039.00
$26,445.00
$ 3,169.00
$ 7,264.00
Total Benefits/Payroll Taxes $ 55,024.00
TOTAL SALARIES & BENEFITS: $239,424.00
BUDGET DETAIL
FY 2014-15
ORGANIZATION: Reading & Beyond
SERVICES: Cal Fresh Employment and Training Program
CONTRACT PERIOD: January 6, 2015-September 30, 2015
CONTRACT AMOUNT: $371 ,301.00
ACCOUNT
NUMBER CATEGORY
0200 INSURANCE
Workers Comp (0.0156 x $13,725 (ED & GED Tutor
wages). 0.0095 x $170,675 (all other staff wages)
0250 COMMUNICATION
Telephone, Internet & Cell Phone@ $70 x 9 mos
0300 OFFICE EXPENSES
Consumable Supplies, Printing, Postage @ $200 x 9 mos
0350 OFFICE RENTAL
Office Space ($1 ,200 x 40% x 9 months)
0400 EQUIPMENT RENTAL
0450 UTILITIES
0500 TRAVEL
Mileage@ $500/month x 9 months ($0.565/mile)
0550 CONTRACTS
CSUF Independent Evaluator Contractor. Non-
Wraparound/Retention project @ 94% of expected billing
($7,500 X 94%)
0600 TRANSPORTATION
Bus Tokens
0650 PROGRAM SUPPLIES/SERVICES
Marketing and Curriculum Supplies, Participant Educational
Material, Workshop Refreshments, etc.
0700 OTHER (INDIRECT ADMIN COST}
Approximately 13.79% x $308,301
TOTAL SERVICES & SUPPLIES
SUBTOTAL
1,835
630
1,800
4,320
-0-
-0-
4,500
7,050
825
5,393
42,524
Exhibit 8
Page 3 of 8
TOTAL
1,835.00
630.00
1,800.00
4,320.00
-0-
-0-
4,500.00
7,050.00
825.00
5,393.00
42,524.00
$68,877.00
BUDGET SUMMARY
ANCILLARY/SUPPORT SERVICES BUDGET
FY 2014-15
ORGANIZATION: Reading and Beyond
SERVICES: Cal Fresh Employment and Training Program
CONTRACT PERIOD: January 6, 2015-September 30, 2015
CONTRACT AMOUNT: $371 ,301
TOTAL SALARIES & BENEFITS
TOTAL SERVICES & SUPPLIES
MAXIMUM ANCILLARY/SUPPORT SERVICES EXPENDITURES*
MAXIMUM CONTRACTOR CASH MATCH REQUIRED
MAXIMUM CONTRACTOR REIMBURSEMENT
$239,424
$68,877
$63.000
($31 .500)
$339,801
Exhibit B
Page 4 of 8
*ANCILLARY/SUPPORT SERVICES REIMBURSEMENTS TO PARTICIPANTS MAY INCLUDE:
• Transportation in the form of bus tickets, monthly bus passes, or gas vouchers;
• Dependent care;
• Work clothing and uniforms;
• Books and school supplies;
• Tuition for classes that are part of an E&T education component (subject to CDSS approval);
• Tools and other necessary equipment;
• Minor vision correction (such as eyeglasses, bifocals, eye exam);
• Basic dental work (such as teeth cleaning);
• Minor automobile repairs;
• Legal services;
• Test fees;
• Union dues;
• Licensing and bonding fees;
• Housing stabilization services limited to no more than two months per participant during the FFY
subject to COUNTY approval.
BUDGET SUMMARY
FY 2015-16 and FY 2016-17
ORGANIZATION: Reading and Beyond
SERVICES: CaiFresh Employment and Training Program
CONTRACT PERIOD: October 1, 2015-September 30, 2016 (12 months)
October 1, 2016 -September 30. 2017 ( 12 months)
CONTRACT AMOUNT: $494,000.00
BUDGET CATEGORIES
SALARIES & BENEFITS
Salaries
Benefits
Payroll Taxes
Subtotal ........... .
SERVICE & SUPPLIES
Insurance
Communications
Consultant Services
Office Expense
Office Rental
Equipment Rental
Utilities
Travel
Contracts
Transportation
Program Supplies/Services
Other (Indirect Costs)
Subtotal ......... .
ACCOUNT
NUMBER
0100
0150
0175
0200
0250
0300
0350
0400
0450
0500
0550
0650
0700
0750
0800
MAXIMUM ANCILLARY/SUPPORT SERVICES EXPENDITURES
TOTAL
Exhibit B
Page 5 of 8
AMOUNT
$245,867.00
49,171.00
23,006.00
$318,044.00
$2,447.00
840.00
-0-
2,400.00
5,760.00
-0-
-0-
6,000.00
9,400.00
1,100.00
7,457.00
56,552,00
$91,956.00
$84,000
$494,000.00
BUDGET SUMMARY
ANCILLARY/SUPPORT SERVICES BUDGET
FY 2015-16 and FFY 2016-17
ORGANIZATION: Reading and Beyond
SERVICES: Cal Fresh Employment and Training Program
CONTRACT PERIOD: October 1, 2015-September 30, 2016
October 1, 2016-September 30, 2017
CONTRACT AMOUNT: $494,000
TOTAL SALARIES & BENEFITS
TOTAL SERVICES & SUPPLIES
MAXIMUM ANCILLARY/SUPPORT SERVICES EXPENDITURES*
MAXIMUM CONTRACTOR CASH MATCH REQUIRED
MAXIMUM CONTRACTOR REIMBURSEMENT
$318,044
$91,956
$84.000
($42.000)
$452,000
Exhibit B
Page 6 of 8
*ANCILLARY/SUPPORT SERVICES REIMBURSEMENTS TO PARTICIPANTS MAY INCLUDE:
• Transportation in the form of bus tickets, monthly bus passes, or gas vouchers;
• Dependent care;
• Work clothing and uniforms;
• Books and school supplies;
• Tuition for classes that are part of an E&T education component (subject to CDSS approval);
• Tools and other necessary equipment;
• Minor vision correction (such as eyeglasses, bifocals, eye exam);
• Basic dental work (such as teeth cleaning);
• Minor automobile repairs;
• Legal services;
• Test fees;
• Union dues;
• Licensing and bonding fees;
• Housing stabilization services limited to no more than two months per participant during the FFY
subject to COUNTY approval.
PERSONNEL AND EMPLOYEE BENEFITS
FY 2015-16 and FY 2016-17
ORGANIZATION: Reading & Beyond
SERVICES: CaiFresh Employment and Training Program
CONTRACT PERIOD: October 1, 2015 -September 30, 2016
October 1, 2016-September 30, 2017
CONTRACT AMOUNT: $494,000.00
PERSONNEL/SALARIES:
Position and/or No. of
Title Persons %of Time on
Executive Director 1 10%
Program Manager 1 47%
Research & Development 1 7% Director
Lead Career Family 1 100% Navigator
Career Family Navigator 1 100%
Career Family Navigator 1 100%
Career Family Navigator 2 100%
Career Family Navigator 1 100%
GED Tutor 1 25%
Total Salaries
BENEFITS
Employment Benefits & Payroll Taxes:
FICA (7.65% x $245,867)
SUI (6.2% up to $7,000 x 9) + (6.2% x $4,700)
Medical ($426.47 x 6.89 FTE x 12 months)
Annual Leave Benefits ($51.10 x 6.89 x 12 months)
401k Match (4% X $238,367 & 2% X $7,500)
Total Cost
$ 10,800.00
$27,399.00
$ 4,700.00
$36,096.00
$35,004.00
$ 32,004.00
$62,208.00
$30,156.00
$ 7,500.00
$245.867.00
Exhibit 8
Page 7 of 8
$ 18,809.00
$ 4,197.00
$35,261.00
$ 4,225.00
$ 9,685.00
Total Benefits/Payroll Taxes $ 72.177.00
TOTAL SALARIES & BENEFITS: $318.044.00
BUDGET DETAIL
FY 2015-16 and FY 2016-17
ORGANIZATION: Reading & Beyond
SERVICES: CaiFresh Employment and Training Program
CONTRACT PERIOD: October 1, 2015-September 30, 2016
October 1, 2016 -September 30, 2017
CONTRACT AMOUNT: $494,000.00
ACCOUNT
NUMBER CATEGORY
0200 INSURANCE
Workers Comp (0.0156 x $18,300 (wages of ED &
GED Tutor). 0.0095 x $227,567 (all other staff wages).
0250 COMMUNICATION
Telephone, Internet & Cell Phone@ $70 x 12 mos
0300 OFFICE EXPENSES
Consumable Supplies, Printing, Postage @ $200 x 12
months
0350 OFFICE RENTAL
Office Space ($1,200 x 40% x 12 months)
0400 EQUIPMENT RENTAL
0450 UTILITIES
0500 TRAVEL
Mileage@ $500/month x 12 months ($0.565/mile)
0550 CONTRACTS
CSUF Independent Evaluator Contractor. Non-
Wraparound/Retention project @ 94% of expected
billing ($10,000 x 94%)
0600 TRANSPORTATION
Bus Tokens
0650 PROGRAM SUPPLIES/SERVICES
Marketing and Curriculum Supplies, Participant
Educational Material, Workshop Refreshments, etc.
0700 OTHER (INDIRECT ADMIN COST}
Approximately 13.79% x $410,000 (contract amount)
TOTAL SERVICES & SUPPLIES
SUBTOTAL
2,447
840
2,400
5,760
-0-
-0-
6,000
9,400
1,100
7,457
56,552
Exhibit B
Page 8 of 8
TOTAL
2,447.00
840.00
2,400.00
5,760.00
-0-
-0-
6,000.00
9,400.00
1,100.00
7,457.00
56,552.00
$91,956.00
Exhibit C
SELF-DEAUNG TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as "County"),
members of a contractor's board of directors (hereinafter referred to as "County Contractor''), must
disclose any self-dealing transactions that they are a party to while providing goods, performing
services, or both for the County. A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name, job title (if applicable), and date this disclosure is being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
Exhibit C
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to):
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a):
(5) Authorized Signature
Signature: I Date:
I