HomeMy WebLinkAboutAgreement A-15-460 with Economic Development Corp..pdf
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AGREEMENT
This Agreement is made and entered into this ______ day of _____________ 2015, by and
between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter
referred to as “COUNTY”, and ECONOMIC DEVELOPMENT CORPORATION SERVING
FRESNO COUNTY, a Private Non-Profit Organization, whose address is 906 N Street, Suite 120,
Fresno, CA 93721, hereinafter referred to as "CONTRACTOR".
W I T N E S S E T H:
WHEREAS, pursuant to the California Work Opportunity and Responsibility to Kids Act
(Welfare and Institutions Code sections 11200 et seq, hereinafter called “CalWORKs”) and 42 United
States Code sections 601 et seq. (Temporary Assistance for Needy Families (TANF) Block Grant),
COUNTY is mandated and funded to deliver a time-limited structural sequence of employment related
activities and supportive services that are designed to maximize unsubsidized employment
opportunities to able-bodied, non-exempt CalWORKs public assistance applicants and recipients; and
WHEREAS, COUNTY, through its Department of Social Services, has developed and
submitted to the State of California, a CalWORKs COUNTY Plan meeting the requirements of the
CalWORKs Act to deliver employment and training services to public assistance recipients; and
WHEREAS, COUNTY is authorized to enter into an Agreement with CONTRACTOR for such
services pursuant to CalWORKs and the rules and regulations of the California Department of Social
Services (DSS); and
WHEREAS, CONTRACTOR has submitted a Statement of Capability and Experience which
demonstrate qualifications to provide such services.
NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties
hereto agree as follows:
1. SERVICES
A. CONTRACTOR shall be held responsible for all services as set forth in Exhibit
A, Summary of Services, attached hereto and by this reference incorporated herein.
B. CONTRACTOR shall also provide all services in accordance with the State of
California’s Social Services Manual of Policies and Procedures, Eligibility and Assistance Standards,
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incorporated herein by reference.
C. COUNTY shall be held responsible for services as set forth in the Summary of
Services, identified in Exhibit B, page eight (8), under the heading “COUNTY SHALL BE
RESPONSIBLE FOR THE FOLLOWING.”
2. TERM
This Agreement shall become effective on the 1st day of October, 2015 and shall
terminate on the 30th day of September, 2018.
This Agreement shall renew for two (2) additional twelve (12) month periods, through
September 30, 2020 upon the same terms and conditions herein set forth, unless written notice of non-
renewal is given by CONTRACTOR or COUNTY or COUNTY’s DSS Director or designee not later
than sixty (60) days prior to the close of the current Agreement term.
3. TERMINATION
A. Non-Allocation of Funds - The terms of this Agreement, and the services to be
provided thereunder, are contingent on the approval of funds by the appropriating government agency.
Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
terminated at any time by giving CONTRACTOR thirty (30) days advance written notice.
B. Breach of Contract - COUNTY may immediately suspend or terminate this
Agreement in whole or in part, where in the determination of COUNTY there is:
1) An illegal or improper use of funds;
2) A failure to comply with any term of this Agreement;
3) A substantially incorrect or incomplete report submitted to COUNTY;
4) Improperly performed service.
In no event shall any payment by COUNTY constitute a waiver by COUNTY of
any breach of this Agreement or any default which may then exist on the part of CONTRACTOR.
Neither shall such payment impair or prejudice any remedy available to COUNTY with respect to the
breach or default. COUNTY shall have the right to demand of CONTRACTOR the repayment to
COUNTY of any funds disbursed to CONTRACTOR under this Agreement, which in the judgment of
COUNTY were not expended in accordance with the terms of this Agreement. CONTRACTOR shall
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promptly refund any such funds upon demand or, at COUNTY’s option, such repayment shall be
deducted from future payments owing to CONTRACTOR under this Agreement.
C. Without Cause - Under circumstances other than those set forth above, this
Agreement may be terminated by CONTRACTOR or COUNTY or COUNTY’s DSS Director, or
designee, upon the giving of thirty (30) days advance written notice of an intention to terminate the
Agreement.
4. COMPENSATION
For actual services provided as identified in the terms and conditions of this Agreement,
including Exhibit A, COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
compensation in accordance with Exhibit B, “Budget Summary,” attached hereto and by this reference
incorporated herein. Mandated travel shall be reimbursed based on actual expenditures and mileage
reimbursement shall be at CONTRACTOR’s adopted rate per mile, not to exceed the IRS published
rate. Payment shall be made upon certification or other proof satisfactory to COUNTY’s DSS that
services have actually been performed by CONTRACTOR as specified in this Agreement.
For each twelve (12) month period of this Agreement, in no event shall services
performed under this Agreement be in excess of Two Million Four Hundred Nineteen Thousand
Seven Hundred Ninety- and No/100 Dollars ($2,419,790.00). The cumulative total of this Agreement
shall not be in excess of Twelve Million Ninety-Eight Thousand Nine Hundred Fifty and No/100
Dollars ($12,098,950.00). It is understood that all expenses incidental to CONTRACTOR’s
performance of services under this Agreement shall be borne by CONTRACTOR.
Except as provided as provided below regarding State payment delays, payments by
COUNTY shall be in arrears, for services provided during the preceding month, within forty-five (45)
days after receipt, verification and approval of CONTRACTOR’s invoices by COUNTY’s DSS. If
CONTRACTOR should fail to comply with any provision of this Agreement, COUNTY shall be
relieved of its obligation for further compensation. All final claims and/or any final budget
modification requests shall be submitted by CONTRACTOR within sixty (60) days following the final
month of service for which payment is claimed. No action shall be taken by COUNTY on claims
submitted beyond the sixty (60) day closeout period. Any compensation which is not expended by
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CONTRACTOR pursuant to the terms and conditions of this Agreement shall automatically revert to
COUNTY.
The services provided by CONTRACTOR under this Agreement are funded in whole or
in part by the State of California. In the event that funding for these services is delayed by the State
Controller, COUNTY may defer payment to CONTRACTOR. The amount of the deferred payment
shall not exceed the amount of funding delayed by the State Controller to COUNTY. The period of
time of the deferral by COUNTY shall not exceed the period of time of the State Controller’s delay of
payment to COUNTY plus forty-five (45) days.
5. INVOICING
CONTRACTOR shall invoice COUNTY in arrears by the tenth (10th) of each month for
actual expenses incurred and services rendered in the previous month to:
DSSInvoices@co.fresno.ca.us. A monthly activity report shall be developed by COUNTY’s DSS and
CONTRACTOR with mutual agreement on format and content. Content may include but is not
limited to the reports identified in Exhibit A, Page seven (7), Section M1 Monthly Reports and
Outcomes. Invoices shall include all corresponding documentation submitted and identified by line
item, as identified in Exhibit B. Supporting documentation shall include but is not limited to receipts,
invoices received and documented administrative/overhead costs. No reimbursement for services
shall be made until invoices, reports and outcomes are received, reviewed and approved by
COUNTY’s DSS.
At the discretion of COUNTY’s DSS Director or designee, if an invoice is incorrect or is
otherwise not in proper form or substance, COUNTY’s DSS Director or designee shall have the right
to withhold payment as to only that portion of the invoice that is incorrect or improper after five (5)
days prior notice to CONTRACTOR. CONTRACTOR agrees to continue to provide services for a
period of ninety (90) days after notification of an incorrect or improper invoice. If after the ninety (90)
day period, the invoice(s) is still not corrected to COUNTY’s DSS satisfaction, COUNTY’s DSS
Director or designee may elect to terminate this Agreement, pursuant to the termination provisions
stated in Paragraph Three (3) of this Agreement. In addition, for invoices received ninety (90) days
after the expiration of each term of this Agreement or termination of this Agreement, at the discretion
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of COUNTY’s DSS Director or designee, COUNTY’s DSS shall have the right to deny payment of
any additional invoices received.
6. INDEPENDENT CONTRACTOR
In performance of the work, duties, and obligations assumed by CONTRACTOR under
this Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of
CONTRACTOR’s officers, agents, and employees will at all times be acting and performing as an
independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
employee, joint venturer, partner, or associate of COUNTY. Furthermore, COUNTY shall have no
right to control or supervise or direct the manner or method by which CONTRACTOR shall perform
its work and function. However, COUNTY shall retain the right to administer this Agreement so as to
verify that CONTRACTOR is performing its obligations in accordance with the terms and conditions
thereof. CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the
rules and regulations, if any, of governmental authorities having jurisdiction over matters which are
directly or indirectly the subject of this Agreement.
Because of its status as an independent contractor, CONTRACTOR shall have
absolutely no right to employment rights and benefits available to COUNTY employees.
CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its employees
all legally-required employee benefits. In addition, CONTRACTOR shall be solely responsible and
save COUNTY harmless from all matters relating to payment of CONTRACTOR's employees,
including compliance with Social Security, withholding, and all other regulations governing such
matters. It is acknowledged that during the term of this Agreement, CONTRACTOR may be
providing services to others unrelated to COUNTY or to this Agreement.
7. MODIFICATION
A. Any matters of this Agreement may be modified from time to time by the written
consent of all the parties without, in any way, affecting the remainder.
. B. Notwithstanding the above, changes to line items in the budget, attached hereto
as Exhibit B, in an amount not to exceed 10% of the total maximum compensation as identified in
Section Four (4) of this Agreement, may be made with the written approval of COUNTY’s DSS
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Director or designee and CONTRACTOR. Budget line item changes shall not result in any change to
the maximum compensation amount payable to CONTRACTOR, as stated herein.
C. CONTRACTOR hereby agrees that changes to the compensation under this
Agreement may be necessitated by a reduction in funding from State and/or Federal sources.
COUNTY’s DSS Director or designee may modify the maximum compensation depending on State
and Federal funding availability, as stated in Section Four (4) in this Agreement. 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
Neither party shall assign, transfer or subcontract this Agreement nor their rights or
duties under this Agreement without the prior written consent of the other party.
9. HOLD-HARMLESS
CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY's request,
defend COUNTY, its officers, agents and employees from any and all costs and expenses, including
attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to
COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its officers,
agents or employees under this Agreement, and from any and all costs and expenses, including
attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to any
person, firm or corporation who may be injured or damaged by the performance, or failure to perform,
of CONTRACTOR, its officers, agents or employees under this Agreement. In addition,
CONTRACTOR agrees to indemnify COUNTY for Federal, State of California and/or local audit
exceptions resulting from noncompliance herein on the part of the CONTRACTOR.
10. INSURANCE
Without limiting COUNTY's right to obtain indemnification from CONTRACTOR or
any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect the
following insurance policies throughout the term of this Agreement:
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A. 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.
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.
B. 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.
C. 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.
D. 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
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the foregoing policies, as required herein, to the County of Fresno, DSS, PO BOX 1912, Fresno,
California, 93718-1912, 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
names 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; that 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; and that this insurance
shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given
to COUNTY.
In the event CONTRACTOR fails to keep in effect at all times insurance coverage as
herein provided, COUNTY may, in addition to other remedies it may have, suspend or terminate this
Agreement upon the occurrence of such event.
All policies shall be with admitted insurers licensed to do business in the State of
California. Insurance purchased shall be from companies possessing a current A.M. Best, Inc. rating
of A FSC VII or better.
11. CONFIDENTIALITY AND MEDI-CAL PRIVACY
All services performed by CONTRACTOR under this Agreement shall be in strict
conformance with all applicable Federal, State of California, and/or local laws and regulations relating
to confidentiality including, but not limited to: California Welfare and Institutions Code Sections
10850 and 14100.2; the CDSS Manual of Policies and Procedures, Division 19-0000; and the
California Department of Health Care Services (DHCS) Medi-Cal Eligibility Procedures Manual,
Section 2H. In addition, all services performed by CONTRACTOR under this Agreement shall also
be in conformance with the Medi-Cal Data Privacy and Security Agreement between the California
DHCS and the County of Fresno (hereinafter referred to as “the Medi-Cal Data Agreement”) that is
then in effect, which is by this reference incorporated herein. The current Medi-Cal Data Agreement
is available upon request or can be viewed at: http://www.co.fresno.ca.us/MediCalPrivacy/. The
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purpose of this section is to assure that all applications and records concerning program recipients
shall be kept confidential and shall not be opened to examination, publicized, disclosed, or used for
any purpose not directly connected with the administration of the program. CONTRACTOR shall
inform all of its employees, agents, officers, and subcontractors of this provision; and that any person
knowingly and intentionally violating this provision is guilty of a misdemeanor.
12. NON-DISCRIMINATION
A. Eligibility for Services
CONTRACTOR shall prepare and make available to COUNTY and to the public
all eligibility requirements to participate in the program plan set forth in Exhibit A. No person shall,
because of ethnic group identification, age, sex, color, disability, medical condition, national origin,
race, ancestry, marital status, religion, religious creed, political belief or sexual preference be excluded
from participation, be denied benefits of, or be subject to discrimination under any program or activity
receiving Federal or State of California assistance.
B. Employment Opportunity
CONTRACTOR shall comply with COUNTY policy, and the Equal
Employment Opportunity Commission guidelines, which forbids discrimination against any person on
the grounds of race, color, national origin, sex, religion, age, disability status, or sexual preference in
employment practices. Such practices include retirement, recruitment advertising, hiring, layoff,
termination, upgrading, demotion, transfer, rates of pay or other forms of compensation, use of
facilities, and other terms and conditions of employment.
C. Suspension of Compensation
If an allegation of discrimination occurs, COUNTY may withhold all further
funds, until CONTRACTOR can show clear and convincing evidence to the satisfaction of COUNTY
that funds provided under this Agreement were not used in connection with the alleged discrimination.
D. Nepotism
Except by consent of COUNTY, COUNTY’S DSS Director or designee, no
person shall be employed by CONTRACTOR who is related by blood or marriage to, or who is a
member of the Board of Directors or an officer of CONTRACTOR.
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13. CONFLICT OF INTEREST
No officer, agent, or employee of COUNTY who exercises any function or
responsibility for planning and carrying out the services provided under this Agreement shall have any
direct or indirect personal financial interest in this Agreement. No officer, agent, or employee of
COUNTY who exercises any function or responsibility for planning and carrying out the services
provided under this Agreement shall have any direct or indirect personal financial interest in this
Agreement. In addition, no employee of COUNTY shall be employed by CONTRACTOR to fulfill
any contractual obligations with COUNTY. CONTRACTOR shall also comply with all Federal, State
of California, and local conflict of interest laws, statutes, and regulations, which shall be applicable to
all parties and beneficiaries under this Agreement and any officer, agent, or employee of COUNTY.
14. SUBCONTRACTS
CONTRACTOR shall obtain written approval from COUNTY or COUNTY’S DSS
Director or designee before subcontracting any of the services delivered under this Agreement.
CONTRACTOR shall ensure that any subcontractor will be subject to all applicable provisions of this
Agreement, and all applicable State and Federal regulations. CONTRACTOR shall be held primarily
responsible by COUNTY for the performance of any subcontractor unless otherwise expressly agreed
to in writing by COUNTY. The use of subcontractors by CONTRACTOR shall not entitle
CONTRACTOR to any additional compensation than is provided for under this Agreement.
15. RECRUITMENT OF EMPLOYEES AND SERVICE TO CLIENTS
CONTRACTOR shall ensure that its employment recruitment efforts, including
administrative and professional staff positions, are carried out so as to adequately reflect the cultural
and ethnic diversity of the population of Fresno County. CONTRACTOR shall use its best efforts to
serve all cultural and ethnic groups residing in Fresno County. CONTRACTOR’s employment efforts
will be monitored by COUNTY at periodic intervals.
16. LIMITED ENGLISH PROFICIENCY
CONTRACTOR shall provide interpreting and translation services to persons
participating in CONTRACTOR’s services who have limited or no English language proficiency,
including services to persons who are deaf or blind. Interpreter and translation services shall be
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provided as necessary to allow such participants meaningful access to the programs, services and
benefits provided by CONTRACTOR. Interpreter and translation services, including translation of
CONTRACTOR’s “vital documents” (those documents that contain information that is critical for
accessing CONTRACTOR’s services or are required by law) shall be provided to participants at no
cost to the participant. CONTRACTOR shall ensure that any employees, agents, subcontractors, or
partners who interpret or translate for a program participant, or who directly communicate with a
program participant in a language other than English, demonstrate proficiency in the participant's
language and can effectively communicate any specialized terms and concepts peculiar to
CONTRACTOR’s services.
17. DATA SECURITY
For the purpose of preventing the potential loss, misappropriation or inadvertent
disclosure of COUNTY data including sensitive or personal client information; abuse of COUNTY
resources; and/or disruption to COUNTY operations, individuals and/or agencies that enter into a
contractual relationship with COUNTY for the purpose of providing services under this Agreement
must employ adequate data security measures to protect the confidential information provided to
CONTRACTOR by COUNTY, including but not limited to the following:
A. Contractor-Owned Mobile/Wireless/Handheld Devices may not be connected to
COUNTY networks via personally owned mobile, wireless or handheld devices, except when
authorized by COUNTY for telecommuting and then only if virus protection software currency
agreements are in place, and if a secure connection is used.
B. Contractor-Owned Computers or Computer Peripherals may not brought into
COUNTY for use, including and not limited to mobile storage devices, without prior authorization
from COUNTY’s Chief Information Officer or her designee. Data must be stored on a secure server
approved by COUNTY and transferred by means of a VPN (Virtual Private Network) connection, or
another type of secure connection of this type if any data is approved to be transferred.
C. County-Owned Computer Equipment – CONTRACTOR or anyone having an
employment relationship with COUNTY may not use COUNTY computers or computer peripherals
on non-COUNTY premises without prior authorization from COUNTY’s Chief Information Officer or
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her designee.
D. CONTRACTOR may not store COUNTY’s private, confidential or sensitive
data on any hard-disk drive.
E. CONTRACTOR is responsible to employ strict controls to insure the integrity
and security of COUNTY’s confidential information and to prevent unauthorized access to data
maintained in computer files, program documentation, data processing systems, data files and data
processing equipment which stores or processes COUNTY data internally and externally.
F. Confidential client information transmitted to one party by the other by means of
electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of
128 BIT or higher. Additionally, a password or pass phrase must be utilized.
G. CONTRACTOR is responsible to immediately notify COUNTY of any breaches
or potential breaches of security related to COUNTY’s confidential information, data maintained in
computer files, program documentation, data processing systems, data files and data processing
equipment which stores or processes COUNTY data internally or externally.
H. In the event of a breach of security related to COUNTY’s confidential client
information provided to CONTRACTOR, COUNTY will manage the response to the incident,
however, CONTRACTOR will be responsible to issue any notification to affected individuals as
required by law or as deemed necessary by COUNTY in its sole discretion. CONTRACTOR will be
responsible for all costs incurred as a result of providing the required notification. When no longer
needed, all Medi-Cal Personally Identifiable Information, as defined in the Medi-Cal Data Privacy and
Security Agreement between the California DHCS and the County of Fresno (hereinafter referred to as
“the Medi-Cal Data Agreement”), whether stored in print or electronic format, must be destroyed or
disposed of through confidential means, as described in the Medi-Cal Data Agreement. The current
Medi-Cal Data Agreement is available upon request or can be viewed at:
http://www.co.fresno.ca.us/MediCalPrivacy/. .
I. The requirements in this Data Security provision shall apply to
CONTRACTOR’s subcontractors, if any.
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18. PERSONNEL DISCLOSURE
CONTRACTOR shall make available to COUNTY a current list of all personnel
providing services hereunder. Changes to this list will be immediately provided to COUNTY in
writing. The list shall provide the following information:
A. All full or part-time staff positions by title whose direct services are required to
provide the programs described herein;
B. A brief description of the functions of each such position and hours each person
in such position works each week or, for part-time positions, each day or month,
as appropriate;
C. The education and experience levels required for each positions; and
D. The names of persons filling the identified positions.
19. CLEAN AIR AND WATER
In the event the funding under this Agreement exceeds One Hundred Thousand and
No/100 Dollars ($100,000.00), CONTRACTOR shall comply with all applicable standards, orders, or
requirements issued under the Clean Air Act contained in 42 U.S. Code 7601 et seq.; the Clean Water
Act contained in 33 U.S. Code 1368 et seq.; and any standards, laws, and regulations promulgated
thereunder. Under these laws and regulations, CONTRACTOR shall assure:
A. No facility shall be utilized in the performance of the Agreement that has been
listed on the Environmental Protection Agency (EPA) list of Violating Facilities;
B. COUNTY shall be notified prior to execution of this Agreement of the receipt of
any communication from the Director, Office of Federal Activities, U.S. EPA indicating that a facility
to be utilized in the performance of this Agreement is under consideration to be listed on the EPA list
of Violating Facilities;
C. COUNTY and U.S. EPA shall be notified about any known violation of the
above laws and regulations; and
D. This assurance shall be included in every nonexempt subgrant, contract, or
subcontract.
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20. ENERGY EFFICIENCY
CONTRACTOR shall recognize the mandatory standard and policies relating to energy
efficiency in the State Energy Conservation Plan as required by the United States Energy Policy and
Conservation Act (42 U.S.C. section 6201, et seq).
21. DRUG-FREE WORKPLACE REQUIREMENTS
For purposes of this paragraph, CONTRACTOR will be referred to as the “grantee”. By
drawing funds against this grant award, the grantee is providing the certification that is required by
regulations implementing the Drug-Free Workplace Act of 1988, 45 CFR Part 76, Subpart F. These
regulations require certification by grantees that they will maintain a drug-free workplace. False
certification or violation of the certification shall be grounds for suspension of payments, suspension
or termination of grants, or government wide suspension or debarment.
22. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED
TRANSACTIONS
A. COUNTY and CONTRACTOR recognize that Federal assistance funds will be
used under the terms of this Agreement. For purposes of this paragraph, CONTRACTOR will be
referred to as the “prospective recipient”.
B. This certification is required by the regulation implementing Executive Order
12549, Debarment and Suspension, 29 CFR Part 98, section 98.510, Participant’s responsibilities.
1) The prospective recipient of Federal assistance funds certified by entering
into this Agreement, 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) The prospective recipient of funds agrees by entering into this
Agreement, that 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 Federal department or agency with which this transaction
originated.
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3) Where the prospective 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.
4) The prospective recipient shall provide immediate written notice to
COUNTY if at any time prospective recipient learns that its certification in Paragraph 22 of this
Agreement was erroneous when submitted or has become erroneous by reason of changed
circumstances.
5) The prospective recipient further agrees that by entering into this
Agreement, it will include a clause identical to Paragraph 22 of this Agreement and titled
“Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier
Covered Transactions”, in all lower tier covered transactions and in all solicitations for lower tier
covered transaction.
The certification in Paragraph 22 of this Agreement is a material
representation of fact upon which COUNTY relied in entering into this Agreement.
23. ACKNOWLEDGEMENT
CONTRACTOR shall acknowledge in all public relations activities, materials and
publications that COUNTY is the funding source for services to be provided through this Agreement.
24. POLITICAL ACTIVITY
None of the funds, materials, property or services provided directly or indirectly under
this Agreement shall be used for any political activity, or to further the election or defeat of any
candidate for public office.
25. LOBBYING ACTIVITY
None of the funds provided under this Agreement shall be used for publicity, lobbying
or propaganda purposes designed to support or defeat legislation pending in the Congress of the
United States of America or the Legislature of the State of California.
26. STATE ENERGY CONSERVATION
CONTRACTOR must comply with the mandatory standard and policies relating to
energy efficiency which are contained in the State Energy Conservation Plan issued in compliance
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with 42 United States (US) Code sections 6321, et. seq.
27. GRIEVANCES
CONTRACTOR shall establish procedures for handling client complaints and/or
grievances. Such procedures will include provisions for informing clients of their rights to a State
Hearing to resolve such issues.
28. FRATERNIZATION
CONTRACTOR shall establish procedures addressing fraternization between
CONTRACTOR staff and clients. Such procedures will include provisions for informing
CONTRACTOR staff and clients regarding fraternization guidelines.
29. INTERPRETATION OF LAWS AND REGULATIONS
COUNTY reserves the right to make final interpretations or clarifications on issues
relating to Federal and State laws and regulations, to ensure compliance.
30. CHARITABLE CHOICE
CONTRACTOR may not discriminate in its program delivery against a client or
potential client on the basis of religion or religious belief, a refusal to hold a religious belief, or a
refusal to actively participate in a religious practice. Any specifically religious activity or service made
available to individuals by CONTRACTOR must be voluntary as well as separate in time and location
from County funded activities and services. CONTRACTOR shall inform COUNTY as to whether it
is faith-based. If CONTRACTOR identifies as faith-based it must submit to DSS a copy of its policy
on referring individuals to an alternate treatment provider, and include a copy of this policy in its
client admission forms. The policy must inform individuals that they may be referred to an alternative
provider if they object to the religious nature of the program, and include a notice to DSS. Adherence
to this policy will be monitored during annual site reviews, and a review of client files. If
CONTRACTOR identifies as faith-based, by July 1 of each year CONTRACTOR will be required to
report to DSS the number of individuals who requested referrals to alternate providers based on
religious objection.
31. PROHIBITION ON PUBLICITY
None of the funds, materials, property or services provided directly or indirectly under
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this Agreement shall be used for CONTRACTOR’s advertising, fundraising, or publicity (i.e.,
purchasing of tickets/tables, silent auction donations, etc.) for the purpose of self-promotion.
Notwithstanding the above, publicity of the services described in Paragraph One (1) of this Agreement
shall be allowed as necessary to raise public awareness about the availability of such specific services
when approved in advance by the Director or designee and at a cost as provided in Exhibit B for such
items as written/printed materials, the use of media (i.e., radio, television, newspapers) and any other
related expense(s).
32. DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if CONTRACTOR is operating as a corporation (a for-
profit or non-profit corporation) or if during the term of this Agreement, CONTRACTOR changes its
status to operate as a corporation.
Members of CONTRACTOR’s Board of Directors shall disclose any self-dealing
transactions that they are a party to while CONTRACTOR is providing goods or performing services
under this Agreement. A self-dealing transaction shall mean a transaction to which CONTRACTOR
is a party and in which one or more of its directors has a material financial interest. Members of the
Board of Directors shall disclose any self-dealing transactions that they are a party to by completing
and signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit C and by this
reference incorporated herein, and submitting it to COUNTY prior to commencing with the self-
dealing transaction or immediately thereafter.
33. EQUIPMENT
A. All items purchased with funds provided under this Agreement or which are
furnished to CONTRACTOR which have a single unit cost in excess of Five Thousand and No/00
Dollars ($5,000.00) including sales tax and have a useful life of more than one (1) year shall be
considered capital equipment. Title to all items of capital equipment purchased shall vest and will
remain vested in the County of Fresno. CONTRACTOR further agrees to the following:
1) To maintain all items of capital equipment in good working order and
condition, normal wear and tear excepted; and
2) To label all items of capital equipment, perform periodic inventories as
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required by COUNTY and to maintain an inventory list showing where and how the capital equipment
is being used, in accordance with procedures developed by COUNTY. All such lists shall be
submitted to COUNTY within ten (10) days of any request therefore; and
3) To report in writing to COUNTY immediately after discovery, the loss or
theft of any items of capital equipment. For stolen items, the local law enforcement agency must be
contacted and a copy of the police report submitted to COUNTY.
B. The purchase of any capital equipment by CONTRACTOR shall require the
prior written approval of COUNTY, and must be appropriate and directly related to CONTRACTOR’s
service or activity under the terms of the Agreement. COUNTY may refuse reimbursement for any
costs resulting from capital equipment purchased, which are incurred by CONTRACTOR, if prior
written approval has not been obtained from COUNTY.
34. RECORDS MAINTENANCE
A. CONTRACTOR shall maintain books, records, documents, and other evidence
necessary to monitor and audit this Agreement.
B. CONTRACTOR shall maintain adequate program and fiscal records relating to
individuals served under the terms of this Agreement, as required, to meet the needs of the State in
monitoring quality, quantity, fiscal accountability, and accessibility of services. Information on each
individual shall include, but not be limited to, admission records, patient and participant interviews
and progress notes, and records of service provided by various service locations, in sufficient detail to
make possible an evaluation of services provided and compliance with this Agreement.
35. SINGLE AUDIT CLAUSE
As a subrecipient of Federal financial assistance, CONTRACTOR agrees to provide a
copy of its audit report, performed in accordance with the requirements of the Single Audit Act of
1984 (31 USC section 7502) and subject to the terms of Office of Management and Budget (OMB)
Circulars (A-110, A-122 and A-133), to the County of Fresno. Such audit shall be delivered to the
COUNTY Human Services System, Department of Employment and Temporary Assistance, for
review not later than nine (9) months after the close of the subrecipient’s fiscal year in which the funds
supplied through this Agreement are expended and/or received for this program. The audit must
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include a statement of findings or a statement that there were no findings. If there were negative
findings, CONTRACTOR must include a corrective action plan signed by an authorized individual.
Failure to comply with this Act may result in the COUNTY performing the necessary audit tasks, or,
at the COUNTY’s option, contracting with a qualified accountant to perform this audit. All audit
costs related to this Agreement are the sole responsibility of the CONTRACTOR who agrees to take
corrective action to eliminate any material noncompliance or weakness found as a result of such audit.
Audit work performed by the COUNTY under this paragraph shall be billed at COUNTY cost as
determined by the COUNTY’s Auditor-Controller/Treasurer-Tax Collector.
36. TAX EQUITY AND FISCAL RESPONSIBILITY ACT
To the extent necessary to prevent disallowance of reimbursement under section 1861(v)
(1) (I) of the Social Security Act, (42 U.S.C. § 1395x, subd. (v)(1)[I]), until the expiration of four (4)
years after the furnishing of services under this Agreement, CONTRACTOR shall make available,
upon written request to the Secretary of the United States Department of Health and Human Services,
or upon request to the Comptroller General of the United States General Accounting Office, or any of
their duly authorized representatives, a copy of this Agreement and such books, documents, and
records as are necessary to certify the nature and extent of the costs of these services provided by
CONTRACTOR under this Agreement. CONTRACTOR further agrees that in the event
CONTRACTOR carries out any of its duties under this Agreement through a subcontract, with a value
or cost of Ten Thousand and No/100 Dollars ($10,000.00) or more over a twelve (12) month period,
with a related organization, such Agreement shall contain a clause to the effect that until the expiration
of four (4) years after the furnishing of such services pursuant to such subcontract, the related
organizations shall make available, upon written request to the Secretary of the United States
Department of Health and Human Services, or upon request to the Comptroller General of the United
States General Accounting Office, or any of their duly authorized representatives, a copy of such
subcontract and such books, documents, and records of such organization as are necessary to verify
the nature and extent of such costs.
37. AUDITS AND INSPECTIONS
CONTRACTOR shall at any time during business hours, and as often as COUNTY may
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deem necessary, make available to COUNTY for examination all of its records and data with respect
to the matters covered by this Agreement. CONTRACTOR shall, upon request by COUNTY, permit
COUNTY to audit and inspect all such records and data necessary to ensure CONTRACTOR's
compliance with the terms of this Agreement.
If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00),
CONTRACTOR shall be subject to the examination and audit of the State of California Auditor
General for a period of three (3) years after final payment under contract (California Government
Code section 8546.7).
In addition, CONTRACTOR shall cooperate and participate with COUNTY’s fiscal
review process and comply with all final determinations rendered by the COUNTY’s fiscal review
process. If COUNTY reaches an adverse decision regarding CONTRACTOR’s services to
consumers, it may result in the disallowance of payment for services rendered; or in additional
controls to the delivery of services, or in the termination of this Agreement, at the discretion of
COUNTY’s DSS Director or designee. If as a result of COUNTY’s fiscal review process a
disallowance is discovered due to CONTRACTOR’s deficiency, CONTRACTOR shall be financially
liable for the amount previously paid by COUNTY to CONTRACTOR and this disallowance will be
adjusted from CONTRACTOR’s future payments, at the discretion of COUNTY’s DSS Director or
designee. In addition, COUNTY shall have the sole discretion in the determination of fiscal review
outcomes, decisions and actions.
38. NOTICES
The persons having authority to give and receive notices under this Agreement and their
addresses include the following:
COUNTY CONTRACTOR
Director, County of Fresno Lee Ann Eager, President/CEO
Department of Social Services Economic Development Corporation
PO BOX 1912 906 N Street, Suite 120
Fresno, CA 93718-1912 Fresno, CA 93721
39. CHANGE OF LEADERSHIP / MANAGEMENT
Any and all notices between COUNTY and CONTRACTOR provided for or permitted
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under this Agreement or by law, shall be in writing and shall be deemed duly served when personally
delivered to one of the parties, or in lieu of such personal service, when deposited in the United States
Mail, postage prepaid, addressed to such party.
In the event of any change in the status of CONTRACTOR’S leadership or
management, CONTRACTOR shall provide written notice to COUNTY within thirty (30) days from
the date of change. Such notification shall include any new leader or manager’s name, address and
qualifications. “Leadership or management” shall include any employee, member, or owner of
CONTRACTOR who either a) directs individuals providing services pursuant to this Agreement, b)
exercises control over the manner in which services are provided, or c) has authority over
CONTRACTOR’s finances.
40. GOVERNING LAW
The parties agree, that for the purposes of venue, performance under this Agreement is
to be in Fresno County, California.
The rights and obligations of the parties and all interpretation and performance of this
Agreement shall be governed in all respects by the laws of the State of California.
41. ENTIRE AGREEMENT
This Agreement, including Exhibits A through C constitutes the entire agreement
between CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes all
previous agreement negotiations, proposals, commitments, writings, advertisements, publications and
understandings of any nature whatsoever unless expressly included in this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
first hereinabove written.
ATTEST:
CONTRACTOR:
ECONONUCDEVELOPMENT
CORPORATION SERVING FRESNO
COUNTY
:~~ffb66u
Title: fiLElt iJE,...T J C!..cO
Chairman of the B04rd, or
President, or any Vice President
By rW1J.
COUNTY OF FRESNO
Deborah A. Poochigian, Chair
Board of Supervisors
BERNICE E. SEIDEL, Clerk
Board of Supervisors
Print Name: Raloe-r t L w,eb G By?f)LD!'w C,.t I}~
. ) I
Title: cr.Je~ F,nan,O . .A I otfu~A. .
Secretary (of Corporation), or
any Assistant Secretary, or
Chief Financial Officer, or
any Assistant Treasurer
Date: Cb /1-1f J (
I J
Mailing Address:
906 N Street, Suite 120
Fresno, CA 93 721
Phone No.: (559) 233-2564
Contact: Lee Ann Eager
PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
-22 -COUNTY Of FRESNO
Fresno, CA
Exhibit A
Page 1 of 9
SUMMARY OF SERVICES
ORGANIZATION: Economic Development Corporation serving Fresno County
ADDRESS: 906 N Street, Suite 120, Fresno, CA 93721
SERVICES: Sole Liaison to Employers
Track Client Employment Placement and Retention
Maintenance and Updates to www.Ready2Hire.org
Marketing of Ready2Hire and other DSS Programs
Subcontracted Trainings
CONTACTS: Lee Ann Eager, President and CEO (559) 476-2513
EMAIL: leager@fresnoedc.com
CONTRACT TERMS: $7,259,370 10/1/2015 to 9/30/2018
$2,419,790 10/1/2018 to 9/30/2019
$2,419,790 10/1/2019 to 9/30/2020
MAXIMUM AGGREGATE
AMOUNT: $12,098,950
I. SUMMARY OF SERVICES
The Economic Development Corporation serving Fresno County (CONTRACTOR) shall provide
services to assist in job creation, update and maintain the Ready2Hire website, and promote and
market programs provided by the Department of Social Services (DSS). CONTRACTOR will recruit
businesses throughout the County of Fresno to participate in DSS employment programs through
available employment subsidies, employer incentives and a media marketing campaign.
CONTRACTOR shall also recruit and assist in the expansion of local businesses and relocation of
targeted industries within the County of Fresno to broaden business diversity and employment
opportunities. Additional services include assessment of industry and employment trends, and, in
partnership with DSS, identification of current training needs which lead to long-term employment,
with the objective that DSS participants obtain and retain employment that leads to self-sufficiency.
For DSS employment programs, CONTRACTOR will serve as the sole point of contact for all
interested and participating employers. CONTRACTOR will provide regular maintenance and
upgrades to the Ready2Hire website to gather employer and DSS Job Seeker information to facilitate
employment through its job matching function, which recommends employment connections between
employers and DSS Job Seekers, based on the DSS Job Seeker’s skills and experience. The
Ready2Hire website will also collect data and generate reports regarding DSS Job Seekers,
employers, employment positions, employment status, invoices and reimbursement. Additional
features may be added to the Ready2Hire website, as needed.
Common Terms:
1. Subcontractor: A business recommended by CONTRACTOR and approved by DSS to provide
vocational training or other approved services to DSS Participants.
2. DSS Participant: An individual who is receiving Welfare-To-Work services provided by DSS.
Exhibit A
Page 2 of 9
3. DSS Job Seeker: A DSS Participant who is registered in the Ready2Hire website and is
seeking employment.
4. Employee: A DSS Participant who has been hired for employment.
5. Employer: A business that has expressed interest or is approved by DSS to participate in DSS
programs.
6. Job Placement: The employment of a DSS Participant with an approved employer.
7. Evaluation: The form completed by an employer on the Ready2Hire website to apprise DSS
staff of a DSS Participant’s work performance, progress, and needs.
8. Timesheet: The form completed by an employer on the Ready2Hire website to record actual
hours worked by a DSS Participant; includes regular and overtime hours.
9. Invoice: A PDF document converted from the timesheet and evaluation forms, and used by
DSS Administration and Finance to reimburse employers.
II. CONTRACTOR RESPONSIBILITIES
CONTRACTOR shall be responsible for the following:
A. Targeted Marketing (Reverse Attraction):
1. Create new employment opportunities through the attraction of out-of-county, national and
international businesses.
2. Pursue a variety of businesses to expand or relocate to the County of Fresno.
3. Identify and report current and projected industry trends for the County of Fresno on a
quarterly basis.
4. Record and track business attraction activities, business feedback and participation, and
additional outcomes as requested by DSS.
5. Update DSS of new and upcoming developments regarding employment and training
opportunities.
6. Conduct meetings with DSS Employment Service Supervisors, quarterly or as needed, to
discuss:
a. Upcoming recruitments.
b. Job market.
c. DSS Job Seeker pool.
B. Marketing Campaign:
1. Develop and implement, with the approval of DSS Director or designee, a marketing and
media campaign for DSS employment programs and events to private industry employers,
municipal bodies and local nonprofit agencies.
2. Market the DSS Job Seeker pool to all potential and recently recruited businesses. DSS
Job Seekers shall be given early access to job openings.
3. Record and track information regarding marketing schedules, activities, business feedback
and participation, and additional outcomes as requested by DSS. CONTRACTOR shall
provide marketing campaign updates and outcomes to DSS monthly.
C. Subcontractors:
1. Identify workforce demands and training programs to meet such demands and potential
subcontractor(s) to provide training services.
2. Provide a written report to DSS which describes the workforce demand, training needs for
DSS Participants, potential training programs to address workforce demand and minimum
requirements for DSS Participant referrals.
Exhibit A
Page 3 of 9
a. CONTRACTOR shall submit the written report to DSS at a minimum thirty (30) days
prior to the potential start date of each new training program, unless otherwise by
DSS Director or designee in writing, email is acceptable. DSS shall have final
approval of each training program.
b. DSS shall assess training outcomes to determine if the training program will be
approved for future training sessions.
3. Provide regular updates of DSS Participant progress and attendance for each training
program.
a. Collaborate with DSS staff to obtain Participant attendance, performance, and
progress information.
b. Collaborate with DSS staff to obtain Participant evaluations regarding training
programs, instructors, and program logistics.
c. Conduct initial site visits with DSS and regular site visits thereafter.
d. Notify DSS of any changes to the training program, curriculum and location.
4. Provide employment and retention data for DSS Participants for a total of twelve (12)
months after completion of a subcontracted training program.
5. Facilitate meetings between DSS and subcontractor upon DSS request.
6. Ensure appropriate materials and supplies are available for training programs.
7. Ensure subcontractor is compensated for trainings in a timely manner.
D. Employer Approval Process:
1. Serve as the sole point of contact for employers approved and interested in participating in
DSS programs.
2. Provide prospective employers with a list of requirements to enter into a contractual
Agreement with DSS.
3. Review all required documents, including but not limited to tax forms and insurance policies
with correct endorsements, to ensure accuracy and completeness prior to submitting
documents to DSS for final approval.
4. Track and maintain all contract documents, and ensure all documents are current.
5. Collect, review and provide updated contract documents to DSS fifteen (15) days prior to
the expiration date.
6. Maintain records of employer contract documentation, job offer request forms and statuses,
extension request forms and statuses, placement periods, and job offer outcomes.
7. Contact employers interested in participating in the subsidized employment program within
three (3) business days of referral, including employers referred by DSS staff.
8. CONTRACTOR and DSS shall mutually assess and determine the appropriateness of
individual employers to participate in DSS programs and / or when an employer should no
longer participate in DSS Programs.
E. Ready2Hire Website User Guides:
1. Develop, update and maintain the Ready2Hire website (www.Ready2Hire.org) modules
based on the assessed needs of DSS by DSS. DSS Director or designee shall provide final
approval of new or updated modules prior to use within the Ready2Hire website.
CONTRACTOR shall notify DSS within one (1) business day when approved modules are
activated, updated or changed.
2. Define each security profile category created for the Ready2Hire website, including the
function and restrictions of each.
a. The security profiles will be accessible for designated DSS staff on the Ready2Hire
website and, upon request, on a separate document.
b. CONTRACTOR and DSS shall develop and implement a protocol to add, update,
Exhibit A
Page 4 of 9
change or delete security profiles within Ready2Hire on a regular basis to ensure
data is updated in regular intervals. The protocol shall be completed no later than
three (3) months after execution of this Agreement by all parties.
3. Develop website user guides in coordination with DSS, to meet DSS and DSS Participant
needs for each Ready2Hire website security profile category, including but not limited to
DSS Job Seekers, employers and DSS staff. DSS Director or designee shall give final
written approval of user guides prior to distribution to Ready2Hire website users; electronic
mail is acceptable.
4. Provide updated Ready2Hire website user guides within five (5) business days of
implementation of a new module, or after updates, patches or other changes to the
Ready2Hire website are completed. DSS Director or designee shall give final written
approval of revised user guides prior to distribution to Ready2Hire website users; electronic
mail is acceptable.
5. Provide DSS and employers with training and ongoing support for the Ready2Hire website.
F. Ready2Hire Website Use and Registration:
1. Ensure employee registration is not open to the general public, and limited to individuals
approved by DSS to use the Ready2Hire website.
a. DSS shall provide CONTRACTOR a list of DSS Participants qualified to register in
the Ready2Hire website, at a minimum of a biweekly basis.
b. DSS shall notify CONTRACTOR immediately if DSS Participants are unable to
register in the Ready2Hire website.
c. CONTRACTOR shall resolve registration errors and/or provide updates within one
(1) business day, and notify DSS when the correction is completed.
2. Ensure job fairs, employment, training or educational opportunities are available and
posted on the Ready2Hire website homepage.
3. Review the Ready2Hire website homepage at minimum on a bi-weekly basis to ensure all
information is current.
4. Restrict employer registration in the Ready2Hire website to employers approved by the
DSS Director or designee.
5. Develop and implement a functioning Help and Information feature to assist users to
navigate and complete fields on the website.
6. Ensure users are able to search and sort information stored on the website.
7. Ensure each hyperlink on the Ready2Hire website functions properly. CONTRACTOR shall
update the Ready2Hire website within two (2) business days when notified by DSS of
hyperlink malfunctions, unless prior written approval for an extension is provided by the
DSS Director or designee; email is acceptable. If an extension is requested,
CONTRACTOR must provide a completion date.
G. Timesheet, Evaluation and Invoice Requirements:
1. Inform approved employers use of the Ready2Hire is mandatory to participate for DSS
programs. No exceptions will be made.
2. Ensure approved employers complete and submit monthly timesheets and evaluations for
each employee via the Read2Hire website, and notate the date when the recorded
information was shared with the employee.
3. CONTRACTOR and DSS shall develop a protocol for employers to conduct verifications of
timecards and monthly evaluations are conducted in accordance to the rules and
regulations of the State Department of Industrial Relations, Federal rules and regulations
and any other applicable rules, regulations or local ordinances.
4. Ensure employers submit timesheets and evaluations for employee wage reimbursement
Exhibit A
Page 5 of 9
by the 10th of each month for the previous month’s expenditures.
5. Ensure timesheets reflect actual hours worked by each employee, including overtime
hours, for the approved job placement period.
a. If a correction is required for timesheet reimbursement, CONTRACTOR shall contact
and direct employer to correct and resubmit the timesheet.
b. If employers do not correct or provide the timesheet, DSS shall have the right to
withhold payment in accordance to Section Five (5) of the NEO ESE Agreement.
6. Ensure the Ready2Hire evaluation module includes details specific to each employee’s
work performance.
a. Evaluation comments must be specific. DSS will not accept or approve invoices with
generic evaluation comments.
b. CONTRACTOR and DSS may modify or update the evaluation module at the
discretion of the DSS Director or designee.
7. Develop and implement in coordination with DSS, a uniform timesheet review and
response protocol to address payment delays from DSS to employers. The protocol shall
include but is not limited to the response time for each employer, CONTRACTOR and, DSS
to address and obtain resolution to the issue(s).
8. Provide invoices in PDF format via Ready2Hire.
H. Job Posts and Job Matching:
1. Review all job posts and ensure that all relevant information is provided. Relevant
information may include but is not limited to:
a. Minimum Requirements: skills, education level, licenses/certification, training,
experience and language skills.
b. Equipment Needs: pre-employment screens, tools and work attire.
c. Work Schedule: work site, hours, wage and possibility of overtime.
d. Number of positions available per job post.
2. Remove all outdated or filled job posts one (1) business day after CONTRACTOR is
notified the job post is obsolete.
3. Encourage employers to post any and all available job positions on the Ready2Hire
website.
4. Ensure the job matching functionality in the Ready2Hire website works properly.
CONTRACTOR shall make the appropriate changes to correct malfunctions, and notify
DSS of corrections or status, within two (2) business days.
5. Enable interview request features for employers and DSS Job Seekers.
I. Job Recruitments:
1. Ensure job recruitments are limited in quantity and individually approved by DSS. Job
recruitments may occur for one of the following circumstances:
a. CONTRACTOR and the employer have reviewed all DSS Job Seekers registered on
the website and are unable to find a qualified candidate for employment.
b. The employer has an immediate need to hire more than ten (10) DSS Job Seekers
at the same time.
2. Facilitate all job recruitments, secure recruitment sites and provide signage and supplies.
DSS staff shall work with DSS Job Seekers to prepare for job recruitments and be present
during job recruitments to provide support to DSS Job Seekers on-site.
3. Ensure jobs offered through job recruitments do not begin until the DSS has approved the
job placement through the confirmation process established by DSS.
Exhibit A
Page 6 of 9
J. Job Placement, Retention and Termination:
1. Update the Ready2Hire website to reflect the job placement start and end date, upon DSS
confirmation of the DSS Participant’s eligibility for job placement, within three (3) business
days.
2. Update DSS Participant statuses in the website within three (3) business days of any status
change.
3. Contact the employer on the first day of placement to verify that the employee arrived for
work. CONTRACTOR shall update the verification fields in the website within three (3)
business days of contact with the employer.
4. Contact the employer ten (10) days following the placement start date, and monthly
thereafter, to ensure all employer concerns are addressed. CONTRACTOR shall update
the verification date for the placement after each contact with the employer.
CONTRACTOR shall notify DSS within three (3) business days should the employer
provide information regarding the employee that requires immediate action from DSS.
a. Notify DSS within three (3) business days when an employer informs
CONTRACTOR of urgent issues or concerns with a placement which could affect
employment.
b. Contact the employer upon notification from DSS of an employee’s complaint
regarding the employer and provide a status update or resolution to DSS within ten
(10) business days of initial complaint notification.
5. Update the placement end date to reflect the last day worked and enter the reason for early
termination within three (3) business days of termination notification from the employer.
6. Update the placement end date upon DSS approval of an extension to the job placement
within three (3) business days of approval.
7. Ensure all placements do not start prior to the placement start date confirmed by DSS.
8. Ensure all job placements are captured in the Ready2Hire website.
9. Provide retention data for DSS Participants for a total of twelve (12) months after a
subsidized placement has ended.
K. Third Party Representatives for Employers:
1. At CONTRACTOR’s discretion, CONTRACTOR may engage with a third party
representative of an employer, but is not obligated to collaborate or communicate with any
third party representative.
2. If CONTRACTOR chooses to engage Third-Party Representatives, CONTRACTOR shall
not communicate with a third party on behalf of an employer until written approval is
received from employer and reviewed, verified and approved by CONTRACTOR.
a. CONTRACTOR and DSS shall develop and implement a standard form for
employers within thirty-one (31) days of execution of this Agreement by all parties.
The form shall clearly define the responsibilities, information and specific authority
allowed by the employer to the third party.
b. DSS shall obtain the County of Fresno County Counsel Office approval of the
standard form prior to implementation.
3. Retain an original written approval from each employer using the form mentioned above to
authorize third party representative responsibilities. CONTRACTOR shall retain an original
copy and provide a copy to DSS within one (1) business day of receipt from the employer.
4. Obtain written notification from the employer upon retraction or modification of the third
party representative responsibilities as defined in the written approval. CONTRACTOR
shall retain an original notice and provide a copy to DSS within one (1) business day of
receipt from employer.
Exhibit A
Page 7 of 9
5. CONTRACTOR is responsible for any approved and authorized third party representing an
employer to adhere to all local, State and Federal privacy rules and regulations, including
DSS Medi-Cal Privacy and Data Security.
6. Serve as the sole point of contact for any and all third party representatives of employers.
7. DSS does not have a contractual relationship with any third party representing a
participating employer.
8. DSS shall not respond verbally or in writing to inquiries by a third party representative or
provide information about any employer or employee. All third party inquiries shall be
directed to CONTRACTOR via the DSSASU mailbox (DSSASU@co.fresno.ca.us).
9. Develop a protocol for third party representatives to ensure monthly evaluations are
completed in accordance to DSS requirements, and verify timesheets are completed in
accordance to State and Federal rules and regulations as enforced by the State
Department of Industrial Relations, and any other applicable rules, regulations or local
ordinances.
L. Staff Disclosure:
1. Notify DSS of changes to staff with any responsibility to this agreement within five (5)
business days of the change. Changes to staff may include, but is not limited to, new hires,
terminations, resignations or reassignments.
2. Notify DSS of changes to roles and responsibilities of staff position titles within five (5)
business days of implementation.
M. MONTHLY REPORTS AND OUTCOMES
1. Reports:
a. Provide the following information to DSS through the Ready2Hire website and/or on
a monthly basis. Format and content of reports shall mutually developed by
CONTRACTOR and DSS.
i. Business attraction activities, and business response and participation.
ii. Marketing campaign schedule and outcomes by a survey or other process
mutually agreed upon by CONTRACTOR and DSS.
iii. Ready2Hire website user registration and participation.
iv. DSS Job Seeker profile including resume, employment skills and
experiences.
v. DSS Job Seeker activity and status.
vi. Employer interview requests and request status.
vii. Subsidized employment job placement and retention.
viii. Invoice and payment records.
ix. Job posts and filled positions.
x. Subsidized and unsubsidized employer lists, activity and status.
xi. Unsubsidized DSS Job Seeker program, placement and retention.
xii. Subcontracted services: training, placement and retention (during and after
placements).
xiii. Job fairs and recruitments.
xiv. Monthly employer recruitment activity and contacts.
b. Create additional reports as mutually agreed upon by CONTRACTOR and DSS
within five (5) business days of the initial DSS request, unless prior approval has
been given in writing or through email correspondence by DSS.
Exhibit A
Page 8 of 9
2. Outcomes:
PERFORMANCE MEASURE EXPECTED LEVEL OF PERFORMANCE
New Approved Employers
150 new approved employers for
subsidized employment, per contract year.
Job Positions 500 positions per contract year; minimum
75% full time positions.
Job Placements 200 new active job placements per year, in
which the DSS Job Seeker began work,
contingent upon DSS referrals of job-ready
DSS Job Seekers.
Job Fair Events 4 per contract year
Employer Training and
Workshops
Develop 4 employer-driven trainings per
contract year targeted toward job demands
and DSS needs.
Retention EMPLOYMENT: 75% retention rate for all
job placements per contract year,
contingent upon DSS referrals of job-ready
DSS Job Seekers.
SUBCONTRACTED TRAINING: 70%
retention rate per training course and for
each contract year, contingent upon DSS
referrals of DSS Job Seeker who have
been deemed ready to participate in a
training program.
III. COUNTY RESPONSIBILITIES
COUNTY shall be responsible for the following:
A. Provide CONTRACTOR with appropriate program specific information necessary to effectively
market DSS programs.
B. Designate DSS administration and program staff to receive all CONTRACTOR
communications.
C. Provide CONTRACTOR with DSS Job Seeker information necessary for registration in the
Ready2Hire website.
D. Refer employers as appropriate to CONTRACTOR for more information about DSS programs.
E. Meet with CONTRACTOR staff as often as needed to exchange information, resolve problems
and work together to coordinate services.
F. Identify and refer qualified job-ready DSS Job Seekers to use the Ready2Hire website, and
Exhibit A
Page 9 of 9
participate in appropriate subcontracted training courses and job recruitments.
G. Provide CONTRACTOR information regarding DSS Job Seeker skill sets as needed.
H. Notify CONTRACTOR of job placement complaints, and review and investigate complaints as
needed.
I. Address employment concerns with DSS Job Seeker to increase employment retention.
J. Respond to all program related forms within the established timeframe.
K. Review proposals for subcontracted trainings and maintain contact with CONTRACTOR and
subcontractors to ensure client attendance, participation, progress and completion.
L. Provide clear criteria for monthly and website reports.
Exhibit B
NAME OF ORGANIZATION:Economic Development Corporation serving Fresno County
Budget Categories Account Number TOTAL BUDGET
SALARIES & BENEFITS
Personnel Salaries 0100 $835,659
Payroll Taxes 0150 $76,045
Benefits 0200 $133,023
Subtotal $1,044,727
SERVICES & SUPPLIES Budgeted Amount
Insurance 0250 8,357$
Communications 0300 8,850$
Office Expense 0350 7,125$
Equipment 0400 8,350$
Facilities 0450 -$
Travel Costs 0500 31,319$
Program Supplies 0550 265,081$
Consultancy/Subcontracts 0600 810,000$
Fiscal & Audits 0650 -$
Training 0660 16,000$
Indirect Costs 0700 219,981$
Subtotal 1,375,063$
TOTAL (Salaries/Benefits & Services/Supplies)$2,419,790
BUDGET SUMMARY FOR EACH 12 MONTH PERIOD (10/1-9/30)
Page 1 of 3
Exhibit B
NAME OF ORGANIZATION:Economic Development Corporation serving Fresno County
PERSONNEL/SALARIES
Title/Position
No. of
FTE
Months
Employed Monthly Wage Funds Requested
0.25 12 168,096$ 42,024$
0.30 12 85,787$ 25,736$
0.25 12 83,468$ 20,867$
0.25 12 55,644$ 13,911$
0.25 12 55,644$ 13,911$
0.25 12 41,732$ 10,433$
0.25 12 55,644$ 13,911$
1.00 12 69,556$ 69,556$
1.00 12 55,645$ 55,645$
1.00 12 52,167$ 52,167$
1.00 12 52,167$ 52,167$
1.00 12 52,167$ 52,167$
1.00 12 52,167$ 52,167$
1.00 12 46,371$ 46,371$
1.00 12 46,371$ 46,371$
1.00 12 46,371$ 46,371$
0.75 12 69,556$ 52,167$
0.40 12 52,167$ 20,867$
1.00 12 52,167$ 52,167$
1.00 12 52,167$ 52,167$
0.80 12 55,645$ 44,516$
$835,659
PAYROLL TAXES Percentage
1 Payroll Liability 9.10%$76,045
Total Payroll Taxes $76,045
EMPLOYEE BENEFITS
1 Health, Dental, and Vision Insurance $99,597
2 Retirement - 401(k)$33,427
Total Employee Benefits $133,023
TOTAL (Personnel Salaries, Payroll Taxes & Benefits)$1,044,727
Economic Development Specialist
Business Development Analyst
Business Development Analyst
Economic Development Specialist
Economic Development Specialist
Retention Specialist
Retention Specialist
Client Services Manager
Economic Development Specialist
Investor & Public Relations
Manager
Contracts Manager
Economic Development
Economic Development Specialist
Economic Development Specialist
Economic Development Specialist
President/CEO
Vice President Business
Development
Controller
Accounting Assistant
Executive Assistant
Office Manager/Receptionist
Page 2 of 3
Exhibit B
Account Total
0100 $835,659
President/CEO 42,024$
Vice President Business Development 25,736$
Controller 20,867$
Accounting Assistant 13,911$
Executive Assistant 13,911$
Office Manager/Receptionist 10,433$
Investor & Public Relations Manager 13,911$
Contracts Manager 69,556$
Economic Development Coordinator 55,645$
Economic Development Specialist 52,167$
Economic Development Specialist 52,167$
Economic Development Specialist 52,167$
Economic Development Specialist 52,167$
Economic Development Specialist 46,371$
Retention Specialist 46,371$
Retention Specialist 46,371$
Client Services Manager 52,167$
Economic Development Specialist 20,867$
Economic Development Specialist 52,167$
Business Development Analyst 52,167$
Business Development Analyst 44,516$
0150 Payroll Taxes $76,045
FICA/SUI
0200 Benefits $133,023
0250 $8,357
Workers Compensation
0300 $8,850
0350 $7,125
0400 $8,350
Equipment purchase and maintenance
0450 $0
0500 $31,319
Mileage, Missions, Trade Shows for outreach of local businesses and
targeted marketing for business expansion and relocation.
0550 $265,081
0600 Consultancy/Subcontracts $810,000
0650 $0
0660 Training $16,000
0700 $219,981
$2,419,790
BUDGET EXPENSE CATEGORY DESCRIPTIONS
Office Expense
Administrative Cost 10% of total budget
Indirect Costs
General office supplies, Printing
Salaries
Insurance
Account
Number
12 Month Budget
Economic Development Corporation serving Fresno County
Program Supplies
Travel Costs
Communications
Medical, Dental, Vision, Life, AD&D, HSR, 401 (k)
Equipment
Expense Category Descriptions
Fiscal & Audits
Budget Total
Facilities
NAME OF ORGANIZATION:
Phone, fax, internet, mobile
Page 3 of 3
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as “County”),
members of a contractor’s board of directors (hereinafter referred to as “County Contractor”), must
disclose any self-dealing transactions that they are a party to while providing goods, performing
services, or both for the County. A self-dealing transaction is defined below:
“A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest”
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member’s name, job title (if applicable), and date this disclosure is being made.
(2) Enter the board member’s company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a.The name of the agency/company with which the corporation has the transaction; and
b.The nature of the material financial interest in the Corporation’s transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
Exhibit C
Page 1 of 2
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to):
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a):
(5) Authorized Signature
Signature: Date:
Exhibit C
Page 2 of 2